C.R.S. § 22-30.5-104 — CO Code / Title 22 / Article 30.5 / Part 1 / Section 22-30.5-104
22-30.5-104. Charter school - requirements - authority - rules - definitions
Status: in_force

22-30.5-104. Charter school - requirements - authority - rules - definitions. (1) A charter school shall be a public, nonsectarian, nonreligious, non-home-based school which operates within a public school district.

(2) (a) A charter school applicant cannot apply to, or enter into a charter contract with, a school district unless a majority of the charter school's pupils, other than online pupils, will reside in the chartering school district or in school districts contiguous thereto.

(b) A charter school shall be a public school of the school district that approves its charter application and enters into a charter contract with the charter school. In accordance with the requirement of section 15 of article IX of the state constitution, the charter school shall be subject to accreditation by the school district's local board of education pursuant to the school district's policy for accrediting the public schools of the school district adopted pursuant to section 22-11-307 and section 22-32-109 (1)(mm). The charter school shall also be subject to annual review by the department pursuant to section 22-11-210.

(3) (a) A charter school is subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, national origin, religion, ancestry, or need for special education services. A charter school is subject to any court-ordered desegregation plan in effect for the chartering school district. Enrollment in a charter school must be open to any child who resides within the school district; except that a charter school is not required to make alterations in the structure of the facility used by the charter school or to make alterations to the arrangement or function of rooms within the facility, except as may be required by state or federal law. Enrollment decisions shall be made in a nondiscriminatory manner specified by the charter school applicant in the charter school application.

(a.5) A charter school may give preference to enrolling children with disabilities, as defined in section 22-20-103. Upon approval of the local board of education, the charter school may develop and implement an enrollment preference plan to increase the enrollment of children with disabilities. In exercising the enrollment preference plan for children with disabilities, a charter school shall ensure compliance with the obligation to provide a free appropriate public education in the least restrictive environment pursuant to the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended. A charter school may allow a parent to voluntarily provide information regarding whether the parent's child has a disability.

(b) As used in this subsection (3):

(I) "Protective hairstyle" includes such hairstyles as braids, locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and headwraps.

(II) "Race" includes hair texture, hair type, hair length, or a protective hairstyle that is commonly or historically associated with race.

(4) (a) A charter school shall be administered and governed by a governing body in a manner agreed to by the charter school applicant and the chartering local board of education. Effective July 1, 2013, each charter school that was initially chartered on or after August 6, 1997, shall organize as a nonprofit corporation pursuant to the "Colorado Nonprofit Corporation Act", articles 121 to 137 of title 7, C.R.S., which shall not affect its status as a public school for any purposes under Colorado law. Notwithstanding organization as a nonprofit corporation, a charter school shall annually complete a governmental audit that complies with the requirements of the department of education.

(b) An entity that holds a charter authorized pursuant to this part 1 may choose to contract with an education management provider, which education management provider may be a for-profit, a nonprofit, or a not-for-profit entity, so long as the charter school maintains a governing board that is independent of the education management provider.

(4.5) (a) In order to clarify the status of charter schools for purposes of tax-exempt financing, a charter school, as a public school, is a governmental entity. Direct leases and financial obligations of a charter school shall not constitute debt or financial obligations of the school district unless the school district specifically assumes such obligations.

(b) (Deleted by amendment, L. 2004, p. 1571, § 3, effective June 3, 2004.)

(5) Except as otherwise provided in sections 22-20-109, 22-32-115, and 22-54-109, a charter school shall not charge tuition.

(6) (a) Pursuant to contract, a charter school may operate free from specified school district policies and free from state rules pursuant to subsection (6)(b) of this section. Pursuant to contract, a local board of education may waive locally imposed school district requirements, without seeking approval of the state board; except that a charter school shall not, by contract or otherwise, operate free of the requirements contained in the "Public School Finance Act of 2025", article 54 of this title 22, the requirements specified in part 4 of article 11 of this title 22 concerning school accountability committees, or the requirements contained in the "Children's Internet Protection Act", article 87 of this title 22.

(b) The state board shall promulgate rules that list the automatic waivers for all charter schools. In promulgating the list of automatic waivers, the state board shall consider the overall impact and complexity of the requirements specified in the statute and the potential consequences that waiving the statute may have on the practices of a charter school. In accordance with its rule-making authority, the state board may review the list of automatic waivers at its discretion. Notwithstanding any provision of this subsection (6)(b) to the contrary, the state board shall not include the following statutes on the list of automatic waivers:

(I) Section 22-9-106, concerning the performance evaluation system for licensed personnel;

(I.5) Section 22-32-109 (1)(b), concerning procedures for competitive bidding in the purchase of goods and services, except professional services;

(II) Section 22-32-109 (1)(n), concerning the annual school calendar and teacher-pupil contact hours;

(II.5) Section 22-32-110 (1)(y), concerning the power to accept and expend gifts, donations, or grants; and

(III) Part 2 of article 63 of this title 22, concerning the employment of licensed personnel.

(c) A school district, on behalf of a charter school, may apply to the state board for a waiver of a state statute or state rule that is not an automatic waiver. Notwithstanding any provision of this subsection (6) to the contrary, the state board may not waive any statute or rule relating to:

(I) School accountability committees as described in section 22-11-401;

(II) The assessments required to be administered pursuant to section 22-7-1006.3;

(III) School performance reports pursuant to part 5 of article 11 of this title;

(IV) The "Public School Finance Act of 2025", article 54 of this title 22;

(V) The "Children's Internet Protection Act", article 87 of this title 22;

(VI) The requirement to post on the internet the statutes for which waivers are granted as provided in section 22-44-305;

(VII) Any provisions of section 22-1-130 relating to notification to parents of alleged criminal conduct by charter school employees;

(VIII) Section 22-33-106.1 concerning suspension and expulsion of students in preschool through second grade;

(IX) Subsection (3) of this section and sections 22-32-110 (1)(k) and 22-63-206 (1) relating to discrimination based on hair texture, hair type, hair length, or a protective hairstyle that is commonly or historically associated with race;

(X) Any provision of section 22-1-145 relating to the use of a student's chosen name, as defined in section 22-1-145 (1), in a public school; or

(XI) The wearing of cultural or religious objects at school graduation ceremonies pursuant to section 22-1-142.5.

(d) Upon request of a charter applicant, the state board and the local board of education of the school district to which the charter applicant applies shall provide summaries of the state and district rules and policies to use in preparing a charter school application. The department shall prepare the summary of state rules within existing appropriations. A waiver of state rules or local school district regulations made pursuant to this subsection (6) must be for the term of the charter for which the waiver is made; except that a waiver of state statutes or state board rules by the state board is subject to periodic review as provided by state board rule and may be revoked if the waiver is deemed no longer necessary by the state board. A school district that applies to the state board for a waiver on behalf of a charter school is only required to provide a complete copy of the signed charter contract.

(7) (a) A charter school shall be responsible for its own operation including, but not limited to, preparation of a budget, contracting for services, facilities, and personnel matters.

(b) A charter school may negotiate and contract with a school district, the governing body of a state college or university, the state of Colorado, a school food authority, a charter school collaborative, a board of cooperative services, another district charter school, an institute charter school, or any third party for the use of a school building and grounds, the operation and maintenance thereof, and the provision of any service, activity, or undertaking that the charter school is required or chooses to perform in order to carry out the educational program described in its charter contract. Any services for which a charter school contracts with a school district shall be provided by the district at cost. The charter school shall have standing to sue and be sued in its own name for the enforcement of any contract created pursuant to this paragraph (b).

(c) In no event shall a charter school be required to pay rent for space which is deemed available, as negotiated by contract, in school district facilities. All other costs for the operation and maintenance of the facilities used by the charter school shall be subject to negotiation between the charter school and the school district.

(d) A charter school or an institute charter school authorized pursuant to part 5 of this article that is operating in a school district building may purchase the building and the grounds upon which the building is located from the school district, at the school district's discretion, according to terms established by mutual agreement of the parties. If a charter school that has purchased a school building and grounds pursuant to this paragraph (d) vacates the school building and grounds or elects to sell the school building and grounds, the school district that sold the school building and grounds to the charter school pursuant to this paragraph (d) shall have first right of refusal to reacquire and purchase the property at fair market value or in accordance with other terms of repurchase established by mutual agreement of the parties.

(e) Notwithstanding the provisions of paragraphs (b) and (c) of this subsection (7) or the provisions of subsection (7.5) of this section, a school district that has space in district facilities that is unoccupied may sell the facilities or use the facilities for a different purpose and is not required to maintain ownership of the facilities for potential use by a charter school.

(7.5) (a) No later than November 1, 2016, and no later than November 1 each year thereafter, each school district that authorizes a charter school and that has or is expecting to have one or more vacant or underused buildings or vacant or underused land available during the next school year shall prepare a list of the vacant or underused buildings and land and provide the list, upon request, to charter schools authorized by the school district, charter school applicants, and other interested persons. The school district shall also post on its website a notice that the list of underused and vacant buildings and land is available to interested persons upon request. The school district must provide the list within two school days after receiving a request. No later than forty-five days after the school district posts the availability of the list or after receiving the list, whichever is later, a charter school of the school district or charter applicant may apply to the school district to use the building or the school district land as the location for the charter school. The local board of education shall review each application for use and, in a public meeting held no later than ninety days after the school district posts the availability of the list, approve or disapprove each application for use of the building or school district land. If the local board of education disapproves an application for use, it must explain at the public meeting and provide in writing to the applicant the reasons for disapproval.

(b) For purposes of this subsection (7.5), a building is considered underused if it has unused capacity to accommodate two hundred fifty students or more.

(8) A charter school shall be authorized to offer any educational program, including but not limited to an online program or online school created pursuant to article 30.7 of this title, that may be offered by a school district and that is research-based and has been proven to be effective, unless expressly prohibited by state law.

(9) All decisions regarding the planning, siting, and inspection of charter school facilities shall be made in accordance with section 22-32-124 and as specified by contract with the charter school's chartering school district.

(10) A charter school may apply for authorization as a school food authority pursuant to section 22-32-120.

(11) (a) If a charter school chooses to apply, alone or with a consortium of charter schools, for a grant through a nonformulaic, competitive grant program created by a federal or state statute or program, the charter school or consortium of charter schools is the local education agency only for the purposes of applying and determining eligibility for the grant and may request, pursuant to section 22-30.5-503 (3.5), that the state charter school institute act as a fiscal manager for the charter school or consortium of charter schools for purposes of grant management. The charter school or consortium of charter schools shall pay the fee, if any, imposed by the state charter school institute board as provided in section 22-30.5-503 (3.5).

(b) A charter school that applies for a grant pursuant to this subsection (11) shall provide to its authorizing district:

(I) A copy of the grant application at the time the application is submitted to the grant maker;

(II) Notice that the charter school did or did not receive the grant moneys; and

(III) If the charter school receives the grant moneys, a summary of the grant requirements, a summary of how the charter school is using the grant moneys, and periodic reports on the charter school's progress in meeting the goals of the grant as stated in its application.

(c) If a charter school intends to apply for a grant that the school's authorizing school district is also intending to apply for, the charter school shall seek to collaborate with the school district in the application and to submit the application jointly. If the charter school and the school district are unable to agree to collaborate in applying for the grant, the charter school may apply for the grant pursuant to this subsection (11) independently or in collaboration with other charter schools.

(12) Pursuant to the provisions of section 22-32-110 (1)(jj), a charter school shall not withhold records required for enrollment in another school or institution of higher education or the diploma, transcript, or grades of any student for failure to pay a fine or fee or to return or replace school property.

(13) Each charter school shall annually distribute to each employee informational materials relating to federal student loan repayment programs and student loan forgiveness programs, including updated materials, received from its chartering school board pursuant to section 22-32-109 (1)(pp). In addition to annual distribution, a charter school shall distribute the informational materials to newly hired employees as part of its employee orientation process. The charter school may distribute the informational materials to its employees through an e-mail to employees or as part of a mailing or regular communication to employees.
C.R.S. § 22-32-138 — CO Code / Title 22 / Article 32 / Section 22-32-138
22-32-138. Out-of-home placement students - school stability, transfer, and enrollment proc
Status: in_force

22-32-138. Out-of-home placement students - school stability, transfer, and enrollment procedures - absences - exemptions - provision of academic supports - report - definitions. (1) As used in this section and in section 22-32-138.5, unless the context otherwise requires:

(a) "Child placement agency" has the same meaning as provided in section 19-1-103.

(b) "County department" has the same meaning as provided in section 19-1-103.

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

(d) "Department of human services" or "state department of human services" means the state department of human services created and existing pursuant to section 24-1-120.

(d.5) "Division of youth services placement" means a secure facility or contract community residential program of the division of youth services in the state department of human services.

(e) "Education provider" means a school, school district, the state charter school institute, or a board of cooperative services that operates a school.

(f) "School" means a public school of a school district, a school operated by a board of cooperative services pursuant to article 5 of this title 22, an institute charter school authorized pursuant to part 5 of article 30.5 of this title 22, a state-licensed day treatment facility, or an approved facility school as defined in section 22-2-402 (1).

(g) "School of origin" means the school in which a student was enrolled at the time of each placement into foster care. If the student's foster care placement changes, the school of origin is the school in which the student is enrolled at the time of the change in placement. If the student is enrolled in a facility school, including residential child care facilities and secure detention facilities, and the student will no longer be enrolled in the facility school, the school of origin is the last school the student attended within the previous two years for at least one complete semester or term prior to entering the facility school or another school where the student had a meaningful connection within the previous two years. "School of origin" includes the designated receiving school at the next grade level for feeder school or zone patterns when the student completes the final grade level served by the school of origin. When there is more than one potential school of origin, the student's input must be given strong consideration in determining which school to designate as the school of origin.

(h) "Student in out-of-home placement" means a child or youth who at any time during an academic semester or term is in foster care, as that term is defined in section 19-1-103, including but not limited to any child or youth who is in placement outside of the home at any time during an academic semester or term as a result of an adjudication pursuant to article 2.5 of title 19. "Student in out-of-home placement" includes a child or youth who transfers enrollment as a result of being returned to the child's or youth's home at the conclusion of out-of-home placement.

(1.5) Department of education foster care education coordinator - creation and duties. Subject to available appropriations, the department of education shall hire a full-time foster care education coordinator who has the following duties beginning in the 2019-20 fiscal year:

(a) (I) Providing training and professional development to address needs associated with implementation of state and federal mandates relating to foster care education.

(II) At a minimum, on an annual basis, the department of education shall provide professional development opportunities for:

(A) Local education agency personnel, including local child welfare education liaisons, to assist in identifying and ensuring the educational rights and legal requirements of children and youth in foster care, as specified in the federal "Fostering Connections to Success and Increasing Adoptions Act of 2008", Pub.L. 110-351, as amended; the federal "Elementary and Secondary Education Act of 1965" (ESEA), 20 U.S.C. sec. 6301 et seq., as amended; and this section. Participation in this training is mandatory for new child welfare education liaisons and must be taken at least once every two years after the initial training.

(B) Relevant county personnel, including county caseworkers, to assist in identifying and ensuring the educational rights and legal requirements of children and youth in foster care, as specified in the federal "Fostering Connections to Success and Increasing Adoptions Act of 2008", Pub.L. 110-351, as amended; the federal "Elementary and Secondary Education Act of 1965" (ESEA), 20 U.S.C. sec. 6301 et seq., as amended; and this section. Participation in this training is mandatory for new county caseworkers and must be taken at least once every two years.

(b) Collecting and disseminating child welfare education liaison contact information on the department of education's website;

(c) Coordinating with the department of human services and other agencies, as necessary, including to ensure that data is shared in accordance with subsection (9) of this section;

(d) Providing technical assistance to education providers for removing barriers to graduation pursuant to subsection (5) of this section;

(e) Serving as a point of contact to review compliance of education providers; and

(f) Acting as a liaison in coordination with the department of human services to review complaints related to disputes over transportation agreements between school districts and the state charter school institute and county departments.

(2) (a) Each school district and the state charter school institute, created pursuant to section 22-30.5-503, shall designate an employee of the school district or the institute to act as the child welfare education liaison for all district schools or for all state charter schools. In lieu of designating an employee, a school district or the state charter school institute may contract with an individual to act as the child welfare education liaison. Each school district and the state charter school institute shall report to the department of education by August 15, 2010, and by August 15 each year thereafter, the name and contact information of the child welfare education liaison. The department of education shall be responsible for posting that information on the department of education's website and providing the information to the department of human services.

(b) The child welfare education liaison is responsible for working with child placement agencies, county departments, and the state department of human services to facilitate services to maintain students in out-of-home placement in their schools of origin or, if the county department determines that it is not in the students' best interests to remain in the school of origin, facilitate the prompt and appropriate placement, transfer, and enrollment in school of students in out-of-home placement within the school district or who are enrolled or enrolling in institute charter schools. The child welfare education liaison's specific duties include but need not be limited to:

(I) Responding to a county department request for input from an education provider concerning the determination of whether it is in the best interest of the student in out-of-home placement to remain in the school of origin;

(II) Collaborating with the county department to ensure that any necessary transportation and services are provided for the student in out-of-home placement to remain in the student's school of origin;

(III) If a county department determines that it is not in the student's best interest to remain in the school of origin, working with county departments, juvenile probation officers, parents, guardian ad litems or counsel for youth, and foster care parents to ensure that the student is enrolled in a new school immediately with transition planning, and that the student's complete education information and records are requested immediately by the student's new school upon enrollment;

(IV) Upon receiving the required notification and invitation, participating in a transition planning meeting regarding the enrollment in a public school of a student in an out-of-home placement pursuant to section 22-2-139 from a state-licensed day treatment facility, facility school, or hospital, or having his or her designee participate in the meeting;

(V) Participating, or having the liaison's designee participate, in any interagency collaboration teams or threat-assessment teams centered on students in out-of-home placement, which teams the education provider may develop or on which teams the education provider may be invited to participate;

(VI) Providing to the department of education, the department of human services, and the education committees of the house of representatives and the senate, or any successor committees, the information required pursuant to sections 22-2-139 and 26-1-138; and

(VII) Providing students in out-of-home placement with information about the financial assistance described in section 23-3.3-1401.

(c) Notwithstanding the provisions of subsection (2)(a) of this section, a board of cooperative services created pursuant to article 5 of this title 22 may designate an employee of the board to act as the child welfare education liaison for the school districts that are members of the board of cooperative services. A child welfare education liaison employed by a board of cooperative services has the duties specified in this subsection (2) and shall perform them on behalf of the school districts that are members of the board of cooperative services.

(3) (a) If a student in out-of-home placement is enrolled in one school and transfers enrollment to another school either in the same education provider or in another education provider, the sending education provider shall transfer the student's education information and records to the receiving school as soon as possible but not to exceed five school days after receiving a transfer request.

(b) Notwithstanding any provision of law to the contrary, without having to obtain a court order, the county department that has legal custody of a student in out-of-home placement may request that the education provider in which the student was enrolled release the student's education information and records to an employee of the county department. The education provider may comply with the requirements of subsection (3)(a) of this section by complying with the county department's request as soon as possible but not to exceed five school days after receiving the request.

(c) A school district or school shall not delay the transfer of the education information and records of a student in out-of-home placement for any reason, including but not limited to the existence of any unpaid fines or fees that the student may have outstanding at the school from which the student is transferring.

(d) If an education provider receives a transfer request pursuant to subsection (3)(a) of this section or a request for release of records pursuant to subsection (3)(b) of this section and the request involves a student who is receiving special education services pursuant to an individualized education program, the education provider shall notify the special education director for the education provider of the request as soon as possible following receipt of the request.

(4) (a) Notwithstanding any provision of law, other than subsection (4)(b) of this section, to the contrary, if a student who is in out-of-home placement is required to change schools, the education provider shall enroll the student in school immediately, regardless of whether:

(I) The education provider has received the student's educational information and records, including the certificate of immunization;

(II) The student can comply with any requirements pertaining to the use of school uniforms or other clothing restrictions; or

(III) The student can comply with any other preenrollment restrictions or requirements imposed by the school district or school.

(b) The provisions of paragraph (a) of this subsection (4) shall not be construed to prohibit a school district or school from denying enrollment to a student in out-of-home placement based on the circumstances specified in section 22-33-106 (2) and (3); except that the school district or school:

(I) May deny enrollment based on the student having been expelled from a school district in the preceding twelve months as provided in section 22-33-106 (3)(c) only if the student was expelled for having drugs or weapons at school or for being a danger to self or others; and

(II) May not deny enrollment based on failure to comply with the provisions of part 9 of article 4 of title 25, C.R.S., as provided in section 22-33-106 (3)(e).

(c) If an education provider enrolls a student in out-of-home placement without receiving the student's certificate of immunization, the education provider shall notify the county department that, unless the education provider receives the student's certificate of immunization or a written authorization for administration of immunizations within fourteen days after the student enrolls, the education provider shall suspend the student until such time as the education provider receives the certificate of immunization or the authorization.

(5) (a) When a student in out-of-home placement transfers from one school to another school or from a division of youth services placement to a school, the sending education provider or division of youth services placement shall certify to the receiving education provider the course work that the student has fully or partially completed while enrolled in the education provider. The receiving education provider shall accept the student's certified course work and the course work certified by previous education providers and division of youth services placements in which the student was enrolled, as reflected in the student's records, for comparable course credit, as if it had been completed at the receiving education provider. The receiving education provider shall apply all of the student's certified course work toward completion of the student's requirements for grade level promotion at the receiving education provider or for graduation from the receiving education provider if the student is enrolled in twelfth grade.

(b) When a student experiences out-of-home placement at any point during high school, an education provider may waive course or program prerequisites or other preconditions for placement in courses or programs under the jurisdiction of the education provider.

(c) An education provider may waive specific courses required for graduation if similar course work has been satisfactorily completed in another jurisdiction or the student has demonstrated competency in the content area. If the receiving school does not grant a waiver to a child who would qualify to graduate from the sending school, the education provider is encouraged to provide an alternative means of acquiring the required course work or competency requirements so that timely graduation may occur. The receiving education provider awarding the diploma may award elective credit for any portion of the student's certified course work that is not aligned with core academic course descriptions of the receiving education provider or for demonstrated competencies that are not aligned with the receiving education provider.

(d) If a student in out-of-home placement who is transferring at the beginning of or during twelfth grade is ineligible to graduate from the receiving education provider, the education provider may request a diploma from a previously attended education provider, and the previously attended education provider may issue a diploma if the student meets the education provider's graduation requirements.

(6) A student in out-of-home placement shall receive an excused absence from the school district or school in which the student is enrolled for any time the student is out of school due to a required court appearance or participation in court-ordered activities, including but not limited to family visitation or therapy. The social worker who is assigned to the student shall verify to the school district or school each instance in which the student is out of school for a court appearance or for participation in a court-ordered activity.

(7) An education provider in which a student in out-of-home placement is enrolled shall waive all fees that would otherwise be assessed against the student, including but not limited to any general fees, fees for books, fees for lab work, fees for participation in in-school or extracurricular activities, and fees for before-school or after-school programs. The education provider shall not limit the opportunity of a student in out-of-home placement to participate in in-school and extracurricular activities and before-school and after-school programs due to waiver of the participation fees.

(8) A school district or school in which a student in out-of-home placement is enrolled shall provide a foster parent with access to education records and reports for a student who resides in the foster parent's home, including information and records available online. The foster parent shall maintain the confidentiality of any information obtained pursuant to this subsection (8).

(9) (a) The department of education and the department of human services shall enter into a data-sharing agreement that ensures that individual data relevant to students in out-of-home placement is shared at the state level for identification of students in out-of-home placement enrolled in Colorado schools, tracking outcomes related to student success and educational attainment, and strengthening local service delivery to support educational attainment.

(b) The department of education shall identify specific, measurable goals for its foster care education initiative, including annual improvement in:

(I) The number and percentage of core content area classes that students in grades six through twelve in out-of-home placement complete during each school year;

(II) The percentage of students in out-of-home placement who advance to the next grade level after each school year;

(III) The percentage of students in out-of-home placement who graduate or complete high school; and

(IV) The percentage of students in out-of-home placement who engage in postsecondary and workforce readiness pathways, as described in section 22-11-204 (4).

(c) (I) On or before February 1, 2023, and on or before each February 1 thereafter, the department of education shall publish a report on its website and submit the report to the legislative audit committee of the general assembly, the health and human services and education committees of the senate, the public and behavioral health and human services and education committees of the house of representatives, or any successor committees. At a minimum, the report must contain the following data for each of the preceding three school years for students in out-of-home placement and enrolled in a public school:

(A) The number of students in out-of-home placement and number of students in the general student population;

(B) Quantified results related to each foster care education initiative goal identified in subsection (9)(b) of this section;

(C) The total number and proportion of students in out-of-home placement compared to the general student population who were enrolled in one school, two schools, three schools, or more than three schools during each school year;

(D) The rates of attendance and being habitually truant, as defined in section 22-33-102 (3.5), for students in out-of-home placement compared to the general student population;

(E) The dropout rates of students in out-of-home placement compared to the general student population by individual grade level for grades seven through twelve;

(F) The number and percentage of students in out-of-home placement who re-enrolled in school after dropping out compared to the general student population;

(G) The number and percentage of students in out-of-home placement who graduated or completed high school in four years compared to the general student population; and

(H) The number and percentage of students in out-of-home placement who took more than four years to graduate or complete high school compared to the general student population.

(II) Notwithstanding section 24-1-136 (11)(a)(I), the requirement to submit the report described in this subsection (9)(c) continues indefinitely.

(10) (a) School districts and the state charter school institute shall coordinate with county departments to establish systems-level plans for how necessary transportation to the school of origin is provided, arranged, and funded for the duration of a child's or youth's time as a student in out-of-home placement, including the equitable allocation of costs. Transportation plans described in this subsection (10) may be established between individual entities or by region, and a board of cooperative services may establish a transportation plan with one or more county departments on behalf of its school district members.

(b) State and local agencies shall use standardized forms and invoices approved by both the department of education and the state department of human services to bill for transportation provided pursuant to this section.
C.R.S. § 22-32-138.5 — CO Code / Title 22 / Article 32 / Section 22-32-138.5
22-32-138.5. Educational stability grant program - application - grants - fund created - rule
Status: in_force

22-32-138.5. Educational stability grant program - application - grants - fund created - rules - report - definition. (1) There is created within the department of education the educational stability grant program, referred to in this section as the "grant program", to provide grant money to education providers to use in providing academic and social-emotional services and supports to highly mobile students. Subject to available appropriations, commencing with the 2019-20 fiscal year, the state board of education shall award educational stability grants to preschool, elementary, and secondary education providers from money appropriated from the educational stability grant program fund created in subsection (4) of this section.

(2) The state board of education shall adopt rules pursuant to the "State Administrative Procedure Act", article 4 of title 24, for implementation of the grant program. At a minimum, the rules must include:

(a) Timelines and procedures by which an education provider may apply for a grant;

(b) The information to be included on grant applications, including at a minimum:

(I) The number of highly mobile students the education provider served in the previous school year, which shall include children or youth who at any time during the academic year were homeless, as defined in section 22-1-102.5; were in noncertified kinship care, as defined in section 19-1-103; were students in out-of-home placement, as defined in section 22-32-138; or were migrant children, as defined in section 22-23-103;

(II) A description of services to be provided through the grant, including a description of innovative practices to address barriers for students;

(III) A description of the need for the services to be provided through the grant;

(IV) An estimated cost to provide services through the grant;

(V) Criteria for measurement of the effectiveness of services provided through the grant;

(VI) A description of the education provider's existing policies and practices relating to the transfer of student records between education providers;

(VII) The education provider's collaboration with county departments to make best-interest determinations and to provide transportation, when needed;

(VIII) The provision of services for students who receive special education services;

(IX) Access to extracurricular activities for students who receive special education services;

(X) Transition practices relating to school moves for students; and

(XI) (A) Engagement in academic supports, such as work-based learning.

(B) As used in this subsection (2)(b)(XI), "work-based learning" has the same meaning as set forth in section 8-83-601 (15).

(3) Each education provider that seeks a grant pursuant to this section must submit an application to the department of education in accordance with the rules adopted by the state board of education. The department of education shall review the grant applications received and recommend grant recipients and grant amounts to the state board. The state board shall annually award grants through the grant program after considering the department's recommendations.

(4) (a) The educational stability grant program fund, referred to in this section as the "fund", is created in the state treasury. The fund consists of any money credited to the fund pursuant to subsection (4)(b) of this section and any money that the general assembly may appropriate or transfer to the fund, including money from the marijuana tax cash fund created in section 39-28.8-501. Subject to annual appropriation by the general assembly, the department of education may expend money from the fund for the purposes of this section.

(b) The department of education may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. The department of education shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund.

(c) The department of education may expend money annually appropriated from the fund for reasonable and necessary administrative expenses incurred in implementing this section and in evaluating and providing technical assistance to education providers that receive grants pursuant to this section.

(d) Any money in the fund not expended for the purposes of this section may be invested by the state treasurer as provided by law. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(e) The department of education is encouraged to direct to the fund any federal money received by the department that may be used for the purposes specified in this section.

(5) (a) On or before March 31, 2019, and on or before March 31 each year thereafter, the department of education shall evaluate the educational stability services provided by each education provider that received a grant pursuant to this section in the preceding fiscal year; except that the department of education need not provide an evaluation for any fiscal year in which grants were not awarded. At a minimum, the department of education shall review:

(I) The outcomes and effectiveness of the services provided as measured by the demonstrated degree of educational stability;

(II) The improvement in school attendance;

(III) The reduction in behavioral and discipline incidents;

(IV) The increase in grade-level promotion;

(V) The reduction in the dropout rate; and

(VI) The increase in the graduation and completion rates for the grant recipients' schools.

(b) (I) The department of education shall report the evaluation results to the education committees of the senate and of the house of representatives, or any successor committees, in conjunction with the report submitted pursuant to section 22-14-111.

(II) Notwithstanding the provisions of section 24-1-136 (11)(a)(I), the report required pursuant to subsection (5)(b)(I) of this section continues indefinitely.
C.R.S. § 22-102-104 — CO Code / Title 22 / Article 102 / Section 22-102-104
22-102-104. K-5 social and emotional health pilot program - creation - selection of pilot sc
Status: in_force

22-102-104. K-5 social and emotional health pilot program - creation - selection of pilot schools - rules. (1) There is created the K-5 social and emotional health pilot program in the department to determine the impact of dedicated school mental health professionals in kindergarten through fifth grade in elementary schools that have high-poverty, high-need students. The pilot program is implemented within the selected pilot schools and administered by the department as a pilot program for four school years, unless extended by the general assembly. Subject to available appropriations or gifts, grants, or donations for the four-year term of the pilot program, pursuant to section 22-102-106, the department shall employ or contract with a pilot program coordinator and contract for preliminary and final program evaluations of the pilot program. The state board of education shall promulgate any rules necessary for the administration of the pilot program.

(2) (a) Subject to available appropriations or gifts, grants, or donations for the four-year term of the pilot program, no later than January 15 immediately preceding the first implementation year, the department shall select up to ten pilot schools to participate in the pilot program. If available appropriations and gifts, grants, or donations are insufficient to fully fund the pilot program, the department may select fewer than ten pilot schools to participate in the pilot program. The department shall select pilot schools that exhibit the characteristics set forth in subsection (2)(b) of this section and that are appropriate test schools to evaluate the impact and effectiveness of the pilot program. The pilot schools must demonstrate a willingness to participate in the pilot program and to collect the data and information necessary for the evaluation of the pilot program.

(b) The department shall select pilot schools, including rural, small, and geographically diverse schools, which schools shall be located in a school district that has a high rate of youth suicide, attempted suicide, or suicidal ideation; have a high-poverty student population and a high percentage of students who experience or may experience food insecurity, as evidenced by the number or percentage of students in the school who are eligible for free and reduced-priced meals; and may include schools:

(I) In large, metropolitan school districts;

(II) That have significant ethnic, cultural, and language diversity within their student populations, which may include students from refugee populations;

(III) That have a high number or density of youth who are students in out-of-home placement, as defined in section 22-32-138;

(IV) That are in a school district that has a high percentage of students who are adjudicated delinquent; and

(V) That are in a school district that has a plan in place to recruit, hire, and retain a diverse workforce that reflects the race, ethnicity, and other characteristics of the student body.

(c) Prior to a selected school implementing the pilot program pursuant to this article 102, the school must notify all parents or legal guardians of students at the school of the school's selection as a pilot school.
C.R.S. § 22-2-114 — CO Code / Title 22 / Article 2 / Part 1 / Section 22-2-114
22-2-114. Department of education - special programs
Status: repealed

22-2-114. Department of education - special programs. (Repealed)
C.R.S. § 22-30-129 — CO Code / Title 22 / Article 30 / Part 1 / Section 22-30-129
22-30-129. Dissolution and annexation - exemptions from the school district organization pl
Status: in_force

22-30-129. Dissolution and annexation - exemptions from the school district organization planning process. (1) Notwithstanding any provision of this article 30 to the contrary, a school district board of education and one or more of the contiguous school districts' boards of education may follow the procedures and requirements specified in this section for the dissolution and annexation of the territory of the school district if at least one of the following conditions exist:

(a) The state board, pursuant to the provisions of section 22-11-209, declares the school district is no longer accredited or directs the school district to reorganize;

(b) The school district does not provide within the schools of the school district a full twelve-grade educational program; or

(c) The school district enrolls fewer than fifty students.

(2) The local school board of the school district to be dissolved and annexed shall form an organization planning committee consisting of representation from the local school board of the dissolving school district and the local school boards of each school district that is contiguous to the dissolving school district. The local school board of the dissolving school district shall notify the commissioner when an organization planning committee is created pursuant to this section. Within sixty days after convening, the organization planning committee shall adopt a proposed plan of organization that dissolves the school district and annexes the territory of the school district to one or more of the contiguous school districts.

(3) A plan of organization adopted pursuant to this section must at a minimum address the following issues:

(a) The educational needs of students in the affected school districts, including the convenience and welfare of students;

(b) The provision of diverse educational opportunities for students;

(c) Facility use;

(d) Establishment of boundaries by legal description for the school districts that annex portions of the dissolving school district pursuant to the plan of organization;

(e) Equitable distribution of the properties and cash assets of the dissolving school district to the annexing school districts. In considering an equitable distribution of the properties and cash assets of the dissolving school district, the committee shall consider:

(I) The outstanding general liabilities and obligations of the annexing school districts;

(II) The number of students attending public school in each annexing school district before and after the dissolution and annexation;

(III) The valuation for assessment of taxable property in each affected school district;

(IV) The amount of outstanding bonded indebtedness of each affected school district;

(V) The purpose for which the bonded indebtedness in each affected school district was incurred; and

(VI) The value, location, and disposition of all real properties located in the dissolving school district.

(f) The plan of representation for the members of the local school boards of the annexing school districts; and

(g) If the dissolving school district has bonded indebtedness obligations or liabilities, designation of each annexing school district as a successor for the purpose of administering payment of the bonded indebtedness obligations of the dissolved school district. The local board of each designated school district has the same powers, rights, duties, and responsibilities of the board of education of the dissolving school district for administering payment of the portions of the outstanding bonded indebtedness obligations and liabilities of the dissolving school district that pertain to the property annexed by the designated school district. The local board of each designated school district shall hold in trust all revenue that accrues from the tax levies to satisfy the obligations and liabilities, and all interest that may accrue to the revenue as a result of investments authorized by law, for the sole purpose of satisfying the bonded indebtedness obligations and liabilities of the dissolving school district.

(4) After the organization planning committee adopts the proposed plan of organization as provided in subsection (2) of this section, the committee shall comply with the requirements of section 22-30-115 concerning filing a copy of the proposed plan of organization with the commissioner and the local school boards of the affected school districts and giving notice of and holding public hearings on the proposed plan. After the public hearings, the organization planning committee shall comply with the requirements specified in section 22-30-116, and the committee and the commissioner shall work together to develop a final plan of organization that is mutually acceptable to both parties as provided in section 22-30-116. The organization planning committee and the commissioner shall finally adopt the plan of organization within sixty days after the last public hearing held pursuant to this subsection (4) and shall designate the plan as the final plan of organization.

(5) Within sixty days after the final plan of organization is designated, the local school boards of the affected school districts must each adopt the designated final plan of organization by written resolution. If a local school board does not adopt the final plan of organization:

(a) The planning committee is dissolved, if the final plan of organization involves only two existing school districts or is not approved by the local school boards of at least two of the affected school districts; or

(b) The planning committee may continue and prepare and submit to the commissioner a new proposed plan of organization involving only those school districts that approve the final plan of organization if the final plan of organization involves three or more existing school districts and is approved by the local school boards of at least two of the affected school districts.

(6) Following approval of the final plan of organization by all of the local school boards of the affected school districts, the county clerk and recorder in each county in which an affected school district is located shall submit to the commissioner a map and legal description of the annexing school districts. The local school boards of the annexing school districts shall make the final plan of organization available for inspection by members of the public upon request.

(7) The dissolution and annexation of a school district is effective for all purposes on the date specified in the final plan of organization; except that, for purposes of determining funding pursuant to the "Public School Finance Act of 2025", article 54 of this title 22, a final plan of organization approved by the affected local school boards pursuant to this section takes effect on the next July 1 following submission of the map and legal description of the annexing school districts to the commissioner pursuant to subsection (6) of this section. The annexing school districts continue as bodies corporate in the same manner as before approval of the organization plan.

(8) If a school district that is dissolved and annexed pursuant to this section has a warrant indebtedness or outstanding liability, other than bonded indebtedness, in excess of the equivalent of one-half mill on the total valuation for assessment of the dissolving school district, then the local school board of a school district that annexes all or any portion of the dissolving school district, after the effective date of the dissolution and annexation and subject to voter approval, may levy a special tax, not to exceed one mill, against the taxable property of the dissolving school district that is annexed by the school district, the revenue from which must be applied to the retirement of the warrant indebtedness or outstanding liabilities of the dissolving school district. When the warrant indebtedness or outstanding liabilities are retired, the annexing school district shall discontinue the levy. The procedures to be followed pursuant to this subsection (8) are the same as provided in this title 22 for retirement of bonded indebtedness.
C.R.S. § 22-54-102 — CO Code / Title 22 / Article 54 / Section 22-54-102
22-54-102. Statewide applicability - intergovernmental agreements - legislative declaration
Status: repealed

22-54-102. Statewide applicability - intergovernmental agreements - legislative declaration. (1) The general assembly finds and declares that this article 54 is enacted in furtherance of the general assembly's duty under section 2 of article IX of the state constitution to provide for a thorough and uniform system of public schools throughout the state; that a thorough and uniform system requires that all school districts and institute charter schools operate under the same finance formula; and that equity considerations dictate that all districts and institute charter schools be subject to the expenditure and maximum levy provisions of this article 54. Accordingly, the provisions of this article 54 concerning the financing of public schools apply to all school districts and institute charter schools organized under the laws of this state.

(2) (a) The general assembly further finds and declares that:

(I) A thorough and uniform system of public education creates a learning environment in which all learners are civically engaged; physically, socially, and emotionally healthy; competent academic scholars; and, upon graduation, ready to contribute productively to the economy and prepared for a rapidly changing world;

(II) A world-class public education learning environment is critical to meeting the workforce demands for Colorado's thriving and dynamic economy;

(III) The changing realities of Colorado's economy demand that students be agile learners able to continuously learn, adapt, and shift into new roles by developing critical thinking, collaboration, and problem-solving skills;

(IV) The needs of the state require that all students, including those who are underserved or face significant challenges in meeting Colorado's graduation guidelines, complete high school and are ready for career or postsecondary education;

(V) Colorado's total program formula, pursuant to section 22-54-104, drastically underfunds Colorado's most historically underserved students, including at-risk students, English language learners, and students with special needs. Since the COVID-19 pandemic, the achievement gap between these students and their peers has grown exponentially. Research shows that directing additional funding to these students bolsters their academic outcomes.

(VI) Colorado's total program formula, pursuant to section 22-54-104, has not been significantly updated since 1994. As the general assembly commits to fully buying down the budget stabilization factor, there is an opportune moment to modernize the total program formula to better meet the needs of students, educators, communities, and schools.

(VII) In the years since this article 54 was originally enacted in 1994, constitutional provisions, statutory requirements, public expectations, and student demographics have placed greater demands on Colorado's public education learning environment; and

(VIII) Challenges to recruit and retain educators and school leaders, and impediments to beneficial innovation, continue to threaten Colorado's public education learning environment.

(b) To provide each child in this state with a high-quality public education, the general assembly finds and declares that Colorado's public school finance formula must be redesigned and modernized to:

(I) Prioritize equity by focusing on individual student needs, including prioritized funding for students experiencing poverty, students with special education needs, and students who are English language learners;

(II) Recognize and adjust funding for differences among school districts and public schools related to size, remoteness, and cost of living;

(III) Promote greater understanding of public education funding for policymakers, educators, community members, families, and students by creating transparency and simplicity in the school finance formula calculation; and

(IV) Responsibly phase in a new total program formula over a period of time so that it is sustainable, and allow school districts and schools an amount of time necessary to adjust to the phase-in.

(3) The general assembly finds and declares that in enacting this article 54 it has adopted a formula for the support of schools; however, the adoption of the formula in no way is a commitment on the part of the general assembly concerning the level of total funding for schools.

(4) (a) This article 54 does not prohibit local governments from cooperating with districts through intergovernmental agreements to fund, construct, maintain, or manage capital construction projects or other facilities as set forth in section 22-45-103 (1)(c)(I)(A) or (1)(c)(I)(D), including, but not limited to, swimming pools, playgrounds, or ball fields, if funding for the projects is provided solely from a source of local government revenue that is otherwise authorized by law, except impact fees or other similar development charges or fees.

(b) Notwithstanding subsection (4)(a) of this section to the contrary, this subsection (4) does not:

(I) Limit or restrict a county's power to require the reservation or dedication of sites and land areas for schools or the payment of money in lieu thereof pursuant to section 30-28-133 (4)(a); and

(II) Repealed.

(III) Grant authority to local governments to require the reservation or dedication of sites and land areas for schools or the payment of money; however, the prohibition on impact fees or other similar development charges or fees contained in this subsection (4) does not restrict the authority of any local government to require the reservation or dedication of sites and land areas for schools or the payment of money if the local government otherwise has the authority granted by law.
C.R.S. § 22-69-102 — CO Code / Title 22 / Article 69 / Section 22-69-102
22-69-102. Legislative declaration
Status: in_force

22-69-102. Legislative declaration. (1) The general assembly hereby finds that:

(a) Teachers are a key component in the academic success of children;

(b) To support teachers, school districts should encourage innovative, creative, and high-quality teaching practices, and teachers who follow these practices and who promote excellent student performance should be rewarded;

(c) Promoting student performance and achieving teaching excellence is particularly difficult when dealing with the issues related to at-risk students;

(d) Consistent with the findings of the P-20 council, the state does not fully fund state mandates nor adequately meet the needs of school districts to attract, retain, and support the high-quality teachers needed to reach Colorado's educational goals;

(e) Alternative teacher compensation plans can serve as a mechanism for rewarding teaching excellence and encouraging creative and innovative approaches to helping Colorado improve the academic performance of all students and meet its education goals that include, but are not limited to, decreasing the dropout rate, closing the achievement gap, and increasing the number of postsecondary degrees and certificates awarded to Colorado students; and

(f) Consistent with the recommendations of the P-20 council, the ultimate success of alternative compensation systems will require both significant increases in base pay and sustained, stable, and sufficient financial resources to ensure that meaningful, differentiated pay schedules can be supported over the long term.

(2) The general assembly therefore declares that providing seed money through a competitive grant program to school districts that seek to develop alternative teacher compensation plans is a concrete way in which the state can further the goals of teaching excellence and high student achievement in the participating school districts.

(3) The general assembly further finds and declares that, for purposes of section 17 of article IX of the state constitution, providing funding for the design and development of alternative teacher compensation plans is specifically included as an authorized use of moneys in the state education fund created in section 17 (4) of article IX of the state constitution. Therefore, this article may be implemented with appropriations from the state education fund.
C.R.S. § 22-2-116 — CO Code / Title 22 / Article 2 / Part 1 / Section 22-2-116
22-2-116. Additional power - waiver of reporting requirements - review of reporting requir
Status: repealed

22-2-116. Additional power - waiver of reporting requirements - review of reporting requirements. (1) The commissioner may waive any requirements imposed by this title as to the reporting of data to the department or the state board by any school district which is eligible to receive the minimum amount of state moneys under the provisions of article 54 of this title, if the commissioner finds that any benefits from receiving such reports are outweighed by the district's increased administrative costs of reporting in light of its minimum share of state moneys.

(2) Repealed.
C.R.S. § 22-1-111 — CO Code / Title 22 / Article 1 / Section 22-1-111
22-1-111. Failure to teach temperance
Status: repealed

22-1-111. Failure to teach temperance. (Repealed)
C.R.S. § 22-32-127 — CO Code / Title 22 / Article 32 / Section 22-32-127
22-32-127. Leases or installment purchases for periods exceeding one year
Status: in_force

22-32-127. Leases or installment purchases for periods exceeding one year. (1) (a) Whenever the term of an installment purchase agreement or a lease agreement with an option to purchase, including but not limited to any sublease-purchase agreement entered into by a school district pursuant to section 22-43.7-110 (2)(c), under which a school district becomes entitled to the use of undeveloped or improved real property or equipment for a school site, building, or structure is greater than one year, the obligation to make payments under the agreement shall constitute an indebtedness of the district.

(b) Under any installment purchase agreement or under any lease or rental agreement, with or without the option to purchase, or similar agreement pursuant to which the subject real or personal property is used by the school district for school district purposes, title shall be considered to have passed to the school district at the time of execution of the agreement for purposes of determining liability for or exemption from property taxation.

(2) No board of education shall enter into an installment purchase agreement of the type which constitutes an indebtedness unless such agreement shall be first approved as provided in this section by a majority of the registered electors of the district voting at an election held pursuant to this section. The board of education may submit to the registered electors of the district the question of entering into such an agreement at any general election, regular biennial school election, or special election called for the purpose. The secretary of the board of education shall give notice of an election to be held pursuant to this section in essentially the same manner and for the same length of time as is required by law for a notice of election of school directors. Such notice shall contain, to the extent applicable, the information required for a notice of election of school directors and in addition shall contain a statement of the maximum term of the proposed agreement, the maximum and periodic amounts of payments for which the district would be obligated, and the purpose of the agreement.

(3) The manner and place of conducting elections held pursuant to this section, and all other election procedures relating thereto, shall be as provided by law for the approval of contracting a bonded indebtedness of the district.

(4) The principal amount of any indebtedness incurred by a school district by means of installment purchase, financed purchase of an asset, or certificate of participation, or sub-financed purchase of an asset or certificate of participation agreements having terms of more than one year shall be subject to the limitation imposed by law on the amount of bonded indebtedness that may be incurred by a school district.

(5) The question of entering into an agreement of the type which constitutes an indebtedness of the district beyond a term of one year may be submitted or resubmitted after the same or any other such question has previously been rejected at an election held pursuant to this section; but no such question shall be submitted or resubmitted at any election held less than one hundred twenty days after a previous submission of such question, and the board of education of any school district shall not submit any question of entering into such an agreement at more than two elections within any twelve-month period.

(6) The provisions of this section shall have no application to any installment purchase agreement or lease agreement with option to purchase, even though the term thereof may be greater than one year, where the school district's obligation to make payments under such installment purchase agreement or lease agreement with option to purchase is limited to its capital reserve fund, its general fund, or both and is expressly subject to the making of annual appropriations therefor in accordance with law.

(7) The provisions of this section shall have no application to any installment purchase agreement or lease agreement with an option to purchase in which such payments are made from the capital reserve fund following approval in an election as provided for in section 22-45-103 (1)(c).
C.R.S. § 22-105-104 — CO Code / Title 22 / Article 105 / Section 22-105-104
22-105-104. Fifth-day academic enrichment and support grant program - created - use of grant
Status: in_force

22-105-104. Fifth-day academic enrichment and support grant program - created - use of grants - rules. (1) There is created in the department the fifth-day academic enrichment and support grant program to provide grants to eligible community-based nonprofit organizations and eligible rural school districts to provide supplemental enrichment programming and related enrichment activities and services to children in preschool through high school who attend a public school that operates on a four-day week.

(2) Grant recipients shall use the money received through the grant program for one or more of the following purposes:

(a) To provide supplemental enrichment programming to support students' academic and social and emotional development on the fifth day of a four-day school week when students are not in school;

(b) To provide supplemental enrichment programming to support students' academic and social and emotional development in after-school programming, so long as the community-based organization providing the after-school programming also provides programming on the fifth day of a four-day school week.

(c) To provide meals for students attending the supplemental enrichment programming and the costs associated with providing transportation to and from programming;

(d) To acquire educational materials and necessary technology to provide supplemental enrichment programming;

(e) To build relationships with and partner with school districts and conduct outreach to students and families;

(f) For staff and administrative support to implement supplemental enrichment programming;

(g) To make needed accommodations for students with disabilities; or

(h) For other appropriate uses related to a fifth-day program as determined by the state board.

(3) The department shall implement and administer the grant program; except that the department shall not implement or administer the grant program unless the general assembly appropriates sufficient money to the fund for such purposes. Subject to available appropriations, the state board shall award grants on a three-year grant cycle as provided in section 22-105-105. Grants are paid out of the fifth-day academic enrichment and support grant program fund created in section 22-105-107.

(4) Pursuant to article 4 of title 24, the state board shall promulgate such rules as are required in this article 105 and such additional rules as may be necessary to implement the grant program. At a minimum, the rules must specify the time frames for applying for grants and the form of the application, the time frames for distributing grant money, the amount of the grant based on the number of children served and available money in the fund, and the process for the automatic renewal of the grant pursuant to section 22-105-105.
C.R.S. § 22-11-102 — CO Code / Title 22 / Article 11 / Part 1 / Section 22-11-102
22-11-102. Legislative declaration
Status: in_force

22-11-102. Legislative declaration. (1) The general assembly hereby finds that an effective system of statewide education accountability is one that:

(a) Focuses the attention of educators, parents, students, and other members of the community on maximizing every student's progress toward postsecondary and workforce readiness and postgraduation success;

(b) Reports information concerning performance at the state level, school district or institute level, and individual public school level that is perceived by educators, parents, and students as fair, balanced, cumulative, credible, and useful;

(c) Provides more academic performance information, and fewer labels, to move from a punitive accountability system to one that is positive and focused on learning and achieving high levels of academic performance; and

(d) Holds the state, school districts, the institute, and individual public schools accountable for performance on the same set of indicators and related measures statewide, ensures that those indicators and measures are aligned through a single accountability system, to the extent possible, that objectively evaluates the performance of the thorough and uniform statewide system of public education for all groups of students at the state, school district or institute, and individual public school levels, and, as appropriate, rewards success and provides support for improvement at each level.

(2) The general assembly further finds that an effective education accountability system will be built around implementation of the Colorado growth model that:

(a) Uses a common measure to describe in plain language how much academic growth each student needs to make and how much growth the student actually makes in one year toward proficiency on state content standards;

(b) Incorporates a complete history of each student's assessment scores in calculating the student's needed and achieved academic growth;

(c) Focuses the attention of educators, parents, and students on maximizing students' academic growth and achievement over time and reveals where, and among which groups of students, the strongest academic growth is occurring and where it is not;

(d) Assists the state in closing the achievement gaps that plague the public education system by spotlighting the gaps in students' academic growth rates and ensuring that educators have the data necessary to assist the neediest students in making more than a year's academic growth in a year's time so that these students can catch up to the academic performance levels of their peers; and

(e) Provides data that are recognized by educators, parents, students, the higher education community, the business community, and other stakeholders as fair, balanced, objective, and transparent to support individual school, school district, institute, state, and federal education accountability purposes.

(3) The general assembly concludes, therefore, that it is in the best interests of the state to adopt an aligned education accountability system for public education in this state that:

(a) Holds the state, school districts, the institute, and public schools accountable on statewide performance indicators supported by consistent, objective measures;

(b) Incorporates input from parents, educators, administrators, and the community in establishing clearly defined statewide academic performance objectives;

(c) Reports performance in clear, readily understandable terms;

(d) Is adaptable to accommodate and include additional data that become available as the state implements the "Preschool to Postsecondary Education Alignment Act", part 10 of article 7 of this title, including but not limited to data concerning school readiness and postsecondary success;

(e) Recognizes and rewards areas of success, while also identifying and compelling effective change for areas in need of improvement; and

(f) Ensures the availability of technical assistance, services, and support for public schools, school districts, and the institute to improve students' academic performance.
C.R.S. § 22-54-103.3 — CO Code / Title 22 / Article 54 / Section 22-54-103.3
22-54-103.3. District total program - 2025-26 through 2029-30 budget years - definitions - re
Status: repealed

22-54-103.3. District total program - 2025-26 through 2029-30 budget years - definitions - repeal. (1) (a) Notwithstanding any provision of law to the contrary, for the 2025-26 budget year through the 2029-30 budget year, the department of education shall determine each district's total program pursuant to this section. The district's total program is available to the district to fund the costs of providing public education, and, except as otherwise provided in section 22-54-105, the district has the discretion to determine the amounts and purposes for budgeting and expending its district total program money.

(b) Notwithstanding subsection (1)(a) of this section to the contrary, if a district is an institute charter school's accounting district, then the district total program determination pursuant to this section also represents the institute charter school's financial base of support for public education, even though the institute charter school is not the district's school. The amount of the district's state share of total program that is withheld from the district and paid to the state charter school institute pursuant to section 22-54-115 (1.3) is not available to or under the control of the district but is available to and under the control of the institute charter school's governing board to fund the costs of providing public education to students enrolled in the institute charter school. The institute charter school has the discretion to determine the amounts and purposes for budgeting and expending its total program money.

(c) As used in this section, "for the 2025-26 budget year through the 2029-30 budget year" means the 2025-26 budget year, the 2026-27 budget year, the 2027-28 budget year, the 2028-29 budget year, and the 2029-30 budget year.

(2) For the 2025-26 budget year through the 2029-30 budget year, the department of education shall calculate each district's total program pursuant to sections 22-54-103.5 and 22-54-104.

(3) For the 2025-26 budget year through the 2029-30 budget year, a district's total program is the greater of the district's total program calculation pursuant to section 22-54-104 plus one-half percent of the district's total program calculation pursuant to section 22-54-104, or:

(a) For the 2025-26 budget year, the amount calculated pursuant to section 22-54-104 plus an amount equal to eighteen percent of the difference between the district's total program calculation pursuant to section 22-54-103.5 and the district's total program calculation pursuant to section 22-54-104;

(b) For the 2026-27 budget year, the amount calculated pursuant to section 22-54-104 plus an amount equal to thirty-four percent of the difference between the district's total program calculation pursuant to section 22-54-103.5 and the district's total program calculation pursuant to section 22-54-104;

(c) For the 2027-28 budget year, the amount calculated pursuant to section 22-54-104 plus an amount equal to fifty percent of the difference between the district's total program calculation pursuant to section 22-54-103.5 and the district's total program calculation pursuant to section 22-54-104;

(d) For the 2028-29 budget year, the amount calculated pursuant to section 22-54-104 plus an amount equal to sixty-six percent of the difference between the district's total program calculation pursuant to section 22-54-103.5 and the district's total program calculation pursuant to section 22-54-104; and

(e) For the 2029-30 budget year, the amount calculated pursuant to section 22-54-104 plus an amount equal to eighty-two percent of the difference between the district's total program calculation pursuant to section 22-54-103.5 and the district's total program calculation pursuant to section 22-54-104.

(4) For the 2024-25 budget year through the 2029-30 budget year, the joint budget committee shall monitor the fiscal impact of the district total program determinations pursuant to this section and the fiscal impact of the transition to the total program formula pursuant to section 22-54-103.5. At a minimum, the joint budget committee shall consider immediate and forecasted economic conditions, the impact or trend of the statewide total local share of total program funding, the impact or trend of the state education fund, and any other data-driven considerations necessary to ensure the sustainable transition to and implementation of a new total program formula. The joint budget committee and the general assembly may take action necessary to ensure the sustainable transition to and implementation of a new total program formula. On or after January 1, 2025, when the department of education makes mid-year adjustments, the joint budget committee shall develop a sustainability plan that makes findings and recommendations regarding how the general assembly can fully fund total program determinations pursuant to sections 22-54-103.3 and 22-54-103.5. On or after January 1, 2026, and on or after January 1 each year thereafter, when the department of education makes mid-year adjustments, the joint budget committee shall review the sustainability plan and update it as necessary.

(5) (a) As used in this subsection (5), unless the context otherwise requires:

(I) "Assessment year" means a budget year when the latter half of the budget year occurs during an even-numbered calendar year.

(II) "Inflation" means, for any budget year, the annual percentage change in the United States department of labor statistics consumer price index for Denver-Boulder, or its applicable successor index, for all items paid by all urban consumers for the calendar year before the applicable budget year.

(III) "Non-assessment year" means a budget year when the latter half of the budget year occurs during an odd-numbered calendar year.

(b) (I) Notwithstanding any provision of this article 54, for the 2024-25 budget year through the 2029-30 budget year, if the joint budget committee determines that any one of the conditions described in subsection (5)(c) of this section occurred:

(A) For the next budget year, and for each budget year thereafter, the department of education shall calculate and determine each district's total program pursuant to the calculation and determination required for the budget year when the condition described in subsection (5)(c) of this section occurred; and

(B) The joint budget committee shall promptly notify the speaker of the house of representatives; the president of the senate; the minority leaders of the house of representatives and the senate; the education committees of the house of representatives and the senate, or any successor committees; and the commissioner of the department of education that the condition described in subsection (5)(c) of this section occurred, and that each district's total program will be calculated and determined pursuant to subsection (5)(b)(I) of this section for the next budget year, and for each budget year thereafter.

(II) Notwithstanding any provision of this article 54, during the 2024-25 budget year, if the joint budget committee determines that any one of the conditions described in subsection (5)(c) of this section occurred, for the 2025-26 budget year, the department of education shall calculate and determine each district's total program pursuant to the calculation and determination required pursuant to section 22-54-104.

(c) (I) The requirements described in subsection (5)(b) of this section are initiated if:

(A) In an assessment year, the percent change in the statewide total local share of total program funding for the current budget year to the statewide total local share of the total program funding for the prior budget year is an amount that is less than inflation minus two percent;

(B) In a non-assessment year, the statewide total local share of total program funding for the current budget year compared to the statewide total local share of the total program funding for the prior budget year is an amount that decreased by two percent or more; or

(C) In either an assessment year or a non-assessment year, the March revenue forecast relied on by the general assembly in setting the budget for the next state fiscal year estimates that the income tax diversion to the state education fund, as required pursuant to section 17 of article IX of the state constitution, will decrease by five percent or more in either the current budget year or the next budget year.

(II) The requirements described in subsection (5)(b) of this section are initiated if any of the following estimate that the conditions described in subsection (5)(c)(I)(A) or (5)(c)(I)(B) of this section will occur:

(A) Information concerning local share of total program funding relevant to this article 54 contained in a December revenue forecast prepared by the legislative council staff;

(B) Information contained in the final fiscal note prepared by the legislative council staff concerning the estimated impact of an act of the general assembly that becomes law that reduces property taxes; or

(C) Information contained in the fiscal impact statement in the ballot information booklet prepared by the director of research of the legislative council of the general assembly pursuant to section 1-40-124.5, concerning the estimated impact of an initiative or referred measure that is approved by the people and becomes law upon official declaration of the vote by the governor, that reduces property taxes.

(6) This section is repealed, effective July 1, 2031.
C.R.S. § 22-30-114 — CO Code / Title 22 / Article 30 / Part 1 / Section 22-30-114
22-30-114. Requirements for plan of organization
Status: in_force

22-30-114. Requirements for plan of organization. (1) The plan of organization must include, but need not be limited to, consideration of the following:

(a) The educational needs of pupils in the affected school districts, including the convenience and welfare of pupils;

(b) The provision of diverse educational opportunities for students;

(c) Equalization of the educational opportunities provided to students in the affected school districts;

(d) Implementation of the actions required by the state board pursuant to section 22-11-209 (3);

(d.5) The reasons for which the school district was unable to improve its performance sufficiently to avoid removal of accreditation pursuant to section 22-11-209;

(e) Facility utilization;

(f) Establishment of boundaries for all existing or new school districts in the plan of organization by legal description;

(g) Equitable adjustment and distribution of all or any part of the properties and cash assets of the school districts whose boundaries may be affected by the creation or dissolution of a school district or by the detachment and annexation of territory. The plan of organization may also provide for equitable adjustment of the liabilities of the school districts, other than bonded indebtedness, at the option of the committee. In considering an equitable adjustment of the assets of such school districts, the committee shall consider the outstanding general liabilities and obligations of the school districts that may be so affected, the number of children attending public school in each such school district, the valuation for assessment of taxable property in each such school district, the amount of outstanding bonded indebtedness of each such school district, the purpose for which such bonded indebtedness was incurred, and the value, location, and disposition of all real properties located in the school districts that may be affected by the creation or dissolution of a school district or the detachment and annexation of territory. In considering an equitable adjustment of the assets of such school districts, the plan of organization may provide for authorization of new bonded indebtedness or assumption of outstanding bonded indebtedness by any school district in such proportions and for such purposes as the committee deems appropriate to equitably adjust and distribute such assets.

(h) Provision of a specific plan of representation for the members of the board of education of any proposed new school district. Each proposed new school district may be subdivided into five or seven director school districts or may have all directors elected at large or may have a combination thereof. The term of office of school directors in each proposed new school district shall be for four years.

(i) Dates for one or more special school district elections to address the following:

(I) Adoption of the final approved plan of organization;

(II) Election of a board of directors if the plan of organization results in the creation of a new school district; except that such plan shall not interfere with the regular biennial election schedule; and

(III) Financial issues, if necessary, including but not limited to an increase in the mill levy, which election shall be held in accordance with the requirements of section 20 of article X of the state constitution;

(j) If the plan of organization results in the creation of a new school district, the estimated maximum increase in the mill levy to be imposed on property included within the new district considering the factors enumerated in section 22-54-106 (2)(c) or (2.1)(e), whichever is applicable. If the plan of organization results in the detachment and annexation of territory between existing school districts, the plan of organization must include the mill levy of the annexing district that will be imposed on the affected territory.

(k) If the plan of organization results in the creation of a new school district, a source of operating funds to be used by the new school district prior to receiving the state share of the total district program pursuant to the "Public School Finance Act of 2025", article 54 of this title 22, on July 1 of the new school district's first budget year.

(1.5) The plan of organization shall provide that all school districts affected by the plan of organization shall provide a full twelve-grade education within the boundaries of each affected school district.

(2) If the plan of organization results in the dissolution of a school district which has outstanding bonded indebtedness obligations or liabilities, the plan of organization shall designate a new school district, which includes at least a portion of the dissolved school district, as a successor for the purpose of administering payment of the bonded indebtedness obligations of the dissolved school district, and the board of education of the new school district so designated shall have all the powers, rights, duties, and responsibilities of the board of education of the dissolved school district for administering payment of the outstanding bonded indebtedness obligations and liabilities of the dissolved school district. All revenues which accrue from the tax levies to satisfy said obligations and liabilities, and all interest which may accrue thereto as a result of investments authorized by law, shall be held in trust by the board of education of the new school district so designated for the purpose only of satisfying said bonded indebtedness obligations and liabilities of the dissolved school district.

(3) If the reorganization results in the creation of one or more additional school districts within the boundaries of an existing school district, the plan of organization may include:

(a) Authorization for the existing school district and the new school district or districts to enter into a revenue sharing agreement. The plan of organization shall specify the period of time during which revenue sharing may occur.

(b) Provisions for creation of a joint taxation district as provided in part 2 of this article.

(4) If the plan of organization results in creation of one or more new school districts or alterations of the boundaries of existing school districts, the plan shall ensure that the school district boundaries are not set in such a way as to create any portion of a school district that is not contiguous to the remainder of the school district.
C.R.S. § 22-20-203 — CO Code / Title 22 / Article 20 / Part 2 / Section 22-20-203
22-20-203. Administration - rules - state advisory committee
Status: in_force

22-20-203. Administration - rules - state advisory committee. (1) (a) The department shall administer this part 2, which includes recommending to the state board reasonable rules necessary to implement this part 2, including but not limited to:

(I) Procedures regarding the identification of gifted children and the collection of data on their areas of giftedness;

(II) Criteria that administrative units must satisfy in adopting program plans to identify and serve gifted children;

(III) Required contents of an advanced learning plan and the procedures and responsibilities for creating a gifted child's advanced learning plan;

(IV) Statewide procedures to ensure the portability of a gifted child's identification as gifted;

(V) Criteria and procedures to ensure accountability for gifted students' academic achievement and for evaluation of gifted education programs;

(VI) Criteria to ensure administrative units' accountability for annual gifted education program budgets and expenditures;

(VII) Procedures for parent, family, and student engagement and communication with regard to gifted education programs; and

(VIII) Procedures that an administrative unit must use in resolving disagreements with parents.

(b) The state board shall adopt appropriate recommendations as rules to implement this part 2 following public comment and hearing. The rules that the state board promulgates must be in accord with the legislative declaration set forth in section 22-20-201. The state board rules that are in effect to implement this part 2 before August 6, 2014, may continue in effect after that date to the extent the state board finds that the rules continue to be appropriate, and the state board shall promulgate pursuant to the "State Administrative Procedure Act", article 4 of title 24, C.R.S., such additional rules as may be necessary to implement this part 2.

(c) The department shall provide to an administrative unit that provides gifted education program plans, programs, advanced learning plans, or services that do not comply with the state board rules, a detailed analysis of any discrepancies noted along with specific recommendations to correct the discrepancies. The department must allocate or continue allocating to the administrative unit applicable federal and state funding for a reasonable period of time, as determined by the department, to allow the administrative unit an opportunity to comply with the rules. An administrative unit may establish a claim for variance based on conditions indigenous to or unique to the administrative unit.

(2) To implement the provisions of this part 2, the state board and the department may provide for such personnel within the department as are deemed necessary for these purposes.

(3) The general assembly recognizes that, to assist the state board in performing its responsibilities in implementing this part 2, the state board has appointed a state gifted education advisory committee of an appropriate size. On and after August 6, 2014, the membership of the advisory committee must continue to include representatives from each congressional district in the state and consist of persons involved in or concerned with the education of gifted children. The state board shall continue to appoint members for terms as stated in the bylaws of the advisory committee. Members of the advisory committee continue to serve without compensation but may receive reimbursement for expenses.
C.R.S. § 22-7-1210.5 — CO Code / Title 22 / Article 7 / Part 12 / Section 22-7-1210.5
22-7-1210.5. Per-pupil intervention money - uses - distribution - monitoring
Status: repealed

22-7-1210.5. Per-pupil intervention money - uses - distribution - monitoring. (1) (a) To distribute the money appropriated pursuant to section 22-7-1210 (4) for per-pupil intervention money, the department shall annually calculate the per-pupil amount by dividing the amount of money available by the total number of students enrolled in kindergarten and first, second, and third grades in public schools in the state who were identified as having significant reading deficiencies and received instructional services pursuant to READ plans in the budget year preceding the year in which the money is distributed. Subject to the requirements of this section, a local education provider may receive per-pupil intervention money in an amount equal to the calculated per-pupil amount multiplied by the number of students enrolled in kindergarten and first, second, and third grades in public schools operated by the local education provider who were identified as having significant reading deficiencies and received instructional services pursuant to READ plans in the budget year preceding the year in which the money is distributed.

(b) Repealed.

(2) Before the beginning of each budget year, to receive a distribution of per-pupil intervention money, a local education provider must submit to the department by the date specified by state board rule:

(a) The number of students enrolled in kindergarten and first, second, and third grades in public schools operated by the local education provider who were identified as having significant reading deficiencies and received instructional services pursuant to READ plans in the budget year preceding the year in which the money is distributed; and

(b) A budget, including a narrative explanation, for the use of the per-pupil intervention money in accordance with the uses described in subsection (4) of this section.

(3) (a) At the beginning of each budget year, the department shall distribute to a local education provider that meets the requirements specified in subsection (3)(b) of this section the amount of per-pupil intervention money calculated for the local education provider pursuant to subsection (1) of this section for the applicable budget year.

(b) To receive per-pupil intervention money in a budget year, a local education provider must meet the following requirements:

(I) The local education provider must submit the information described in subsection (2) of this section and in section 22-7-1213 (2);

(II) For the 2022-23 budget year and budget years thereafter, the local education provider must submit evidence that it is in compliance with the teacher training requirements specified in section 22-7-1208 (6);

(II.5) For the 2024-25 budget year and budget years thereafter, the local education provider must submit evidence that it is in compliance with the principal and administrator training requirements specified in section 22-7-1208 (6.5) and the reading interventionist training requirements specified in section 22-7-1208 (6.7);

(III) The department must approve the local education provider's proposed use of the per-pupil intervention money as being in compliance with the requirements in subsection (4) of this section;

(IV) For the preceding budget year, the local education provider must have used the money for one or more of the purposes specified in subsection (4) of this section; except that the provisions of this subsection (3)(b)(IV) do not apply if the local education provider did not receive a distribution of per-pupil intervention money in the preceding budget year; and

(V) If the local education provider is expecting to use the per-pupil intervention money for targeted intervention services as described in subsection (4)(d) of this section, the department reviewed and approved the services. The department shall not approve services that have not been implemented and proven to be successful with a student population and under circumstances that are comparable to those of the local education provider or that are not supported by valid research that suggests the services will be effective with the student population served by, and under the circumstances of, the local education provider.

(c) Throughout the budget year, the department shall monitor and, if deemed necessary by the department, audit each local education provider's use of the per-pupil intervention money it receives. The department may conduct site visits to the extent deemed necessary to adequately monitor a local education provider's use of per-pupil intervention money. Each local education provider shall provide, upon request by the department, information necessary for the department to comply with this subsection (3)(c).

(4) A local education provider may use the per-pupil intervention money only as follows:

(a) To operate a summer school literacy program as described in section 22-7-1212;

(b) To purchase core reading instructional programs that are included on the advisory list of instructional programming in reading and supporting technologies developed by the department pursuant to section 22-7-1209 (2)(b);

(c) To purchase tutoring services that focus on increasing students' foundational reading skills of phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension for students who are receiving instructional services pursuant to READ plans;

(d) To provide other targeted, evidence-based or scientifically based intervention services to students who are receiving instructional services, which may include services provided by a reading interventionist, pursuant to READ plans, which services are approved by the department;

(e) To provide technology, including software, which is included on the advisory list of instructional programming in reading and supporting technologies pursuant to section 22-7-1209 (2)(b), to assist in assessing and monitoring student progress toward reading competency, which may include providing professional development in the effective use of the technology or software;

(f) To purchase from a board of cooperative services the services of a reading specialist or reading interventionist who is trained in the science of reading and in teaching the foundational reading skills of phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension to provide educator professional development in teaching reading and other support in implementing the requirements of this part 12; or

(g) To provide professional development programming to support educators in teaching reading. Professional development programming authorized in this subsection (4)(g) may include hiring a reading coach who is trained in teaching the foundational reading skills of phonemic awareness, phonics, vocabulary development, reading fluency, including oral skills, and reading comprehension to provide job-embedded, ongoing professional development to support kindergarten-through-third-grade teacher competence in teaching phonemic awareness, phonics, vocabulary development, reading fluency, including oral skills, and reading comprehension. A local education provider that has not fully complied with section 22-7-1208 (6), (6.5), or (6.7) is strongly encouraged to use per-pupil intervention money to ensure that all teachers employed by the local education provider to teach kindergarten or any of grades one through three and all reading interventionists employed to teach grades four through twelve successfully complete evidence-based training in teaching reading, and the principals and administrators described in section 22-7-1208 (6.5)(a) successfully complete evidence-based training in the science of reading, before using the money for other authorized purposes.

(5) In using the per-pupil intervention money distributed pursuant to this section, each local education provider shall ensure that some type of intervention, as described in subsection (4) of this section, is available to each student who is identified as having a significant reading deficiency and who is enrolled in kindergarten or first, second, or third grade in a school operated by the local education provider.

(6) (a) Each local education provider shall ensure that the per-pupil intervention money it receives in each budget year is used to improve the reading competency of students enrolled in kindergarten and grades one through three who are identified as having a significant reading deficiency or receive instructional services pursuant to READ plans and does not replace other money that would otherwise be used for this purpose.

(b) (I) A local education provider may retain up to fifteen percent of the amount of per-pupil intervention money it receives in a budget year for use in accordance with this section in the next budget year. If a local education provider retains more than the amount authorized in this subsection (6)(b), the department shall reduce the amount of per-pupil intervention money that the local education provider is eligible to receive in the next budget year by the excess retention amount.

(II) Repealed.
C.R.S. § 22-2-112 — CO Code / Title 22 / Article 2 / Part 1 / Section 22-2-112
22-2-112. Commissioner - duties - report - legislative declaration
Status: repealed

22-2-112. Commissioner - duties - report - legislative declaration. (1) Subject to the supervision of the state board, the commissioner has the following duties:

(a) To advise the state board concerning the current operation and status of the public schools and upon other educational matters;

(b) To supply the state board with such information as it may require and to prepare for the board to transmit annually a report accounting to the governor and the house and senate committees on education for the efficient discharge of all responsibilities assigned by law or directive to the department, and to issue all publications of the department circulated in quantity outside the executive branch in accordance with the provisions of section 24-1-136, C.R.S.;

(c) To prepare and submit to the state board a budget for the department and to properly execute the approved budget in accordance with appropriations;

(d) To establish and maintain a system of personnel administration within the department;

(e) To cause all policies, rules, and regulations adopted by the state board to be duly executed;

(f) To serve as state librarian pursuant to section 24-90-104 (2), C.R.S.;

(g) To visit public schools and communities which most need his personal attendance for the purpose of stimulating and guiding public sentiment to education and diffusing by public addresses and personal communication with parents, school officers, and teachers a knowledge of existing defects of and a knowledge of desirable improvements in the government, finance, curriculum of, and instruction in the public schools;

(h) To establish and maintain adequate statistical, academic performance, safety environment, and financial records of school districts, including records required by article 11 of this title;

(i) To cause to be reprinted annually laws enacted by the general assembly concerning education, in accordance with the provisions of section 24-1-136, C.R.S., and to furnish copies thereof to interested persons. All publishing costs therefor shall be paid out of the state public school fund pursuant to section 22-54-114 (5).

(j) To perform other duties as may be delegated to him by law or by the state board;

(k) To submit to the governor and the general assembly, not later than the first day of September of each year, a report which shall discuss educational issues in Colorado and such other subjects as the commissioner may deem appropriate. The commissioner shall also submit such fiscal, instructional, academic progress, and other information as may be required by the state board to reflect the quality of education in the state. Statistical data by school district regarding drop-out rates, teacher-pupil ratios, number of courses offered, teacher turnover rates, and reading and achievement scores will be available upon request.

(l) To prepare a manual setting forth simplified election procedures for use by the election judges in the district. He shall notify the superintendent of each district that such a manual is available and that copies will be furnished upon request and free of charge. When the school election laws have changed, he shall revise the manual to comply with the then existing laws. Such revisions may be made by inserts to the manual.

(m) To supervise, manage, and control the Colorado school for the deaf and the blind at Colorado Springs;

(n) To enter into an interagency agreement with the department of health care policy and financing and to promulgate such rules and regulations as may be necessary under the agreement to enable school districts, boards of cooperative services, and state educational institutions to enter into contracts and to receive federal matching funds for moneys spent in providing student health services as provided in section 25.5-5-301 (6) or 25.5-5-318, C.R.S.;

(o) To comply with the duties set forth in article 11 of this title;

(p) To establish and maintain an educator identifier system to assign unique identifiers to educators employed in a school district or local education agency. Each educator's identifier must be unique. The identifier must not use any personal identifying information, such as social security numbers or contact information, except for alignment purposes in data processing. Any personal identifying information that is collected must be linked in a secure data location so data sets can be matched based on the personal identifying information when the identifier is not included.

(q) (I) To assist the state board in reviewing the content of educator preparation programs in the state by preparing an annual report on the effectiveness of educator preparation programs.

(II) For purposes of this subsection (1)(q), the department shall use data collected from an educator in the educator's first three years of placement as the educator of record.

(III) To the extent the relevant data is available at the time of the annual report, the report required pursuant to this subsection (1)(q) must include, but need not be limited to, the correlation between different educator preparation programs in the state, including alternative educator preparation programs, and student academic growth, educator placement, educator mobility and retention, and educator performance evaluation ratings.

(IV) The department shall make the report prepared pursuant to this subsection (1)(q) available to the public on the department's website no later than thirty days after the report's completion. The department shall share the information with educator preparation programs to inform curriculum and program improvements.

(r) Repealed.

(s) To facilitate employment first policies and practices by:

(I) Providing input and assistance to the employment first advisory partnership described in section 8-84-303, C.R.S., in carrying out its duties; and

(II) Presenting the reports and recommendations of the employment first advisory partnership to the department's legislative committee of reference pursuant to section 8-84-303 (7), C.R.S.

(t) To annually distribute to each school district and to the state charter school institute informational materials received from the department of personnel pursuant to section 24-5-102 relating to federal student loan repayment programs and student loan forgiveness programs.

(u) (I) To prepare an annual report on the number of pupils enrolled in public schools in the state based on the pupil enrollments reported to the state board pursuant to section 22-54-112 (2)(a) for the applicable school year, and the number of school counselors, school social workers, school nurses, and school psychologists in the state, licensed by the department pursuant to part 2 of article 60.5 of this title 22, and employed by a school district, board of cooperative services, charter school, or entity that contracts with any of the above who are reported as full-time equivalent or part-time employees. The report must state the number of pupils and licensed and employed school psychologists, school counselors, school social workers, and school nurses in total for the state and disaggregated by school district, board of cooperative services, and the state charter school institute.

(II) The department shall make the report prepared pursuant to this subsection (1)(u) available to the public on its website no later than thirty days after its completion each year.

(v) Upon the repeal of part 2 of article 82.9 of this title 22 and in accordance with section 39-22-104 (3)(p.5)(II), to promptly notify the executive director of the department of revenue in writing that the healthy school meals for all program is repealed.

(2) In accordance with section 22-2-107 (1)(c), the commissioner shall establish requirements enabling residents of this state who are seventeen years of age or older or who are sixteen years of age and satisfy the requirements of section 22-33-104.7 to successfully complete a high school equivalency examination, as defined in section 22-33-102 (8.5).

(3) Repealed.

(4) (a) The commissioner shall ensure that the department, subject to available appropriations, annually allocates money to school districts, district charter schools, and institute charter schools to reimburse them for the costs of administering developmental education placement or assessment tests pursuant to sections 22-32-109.5, 22-30.5-117, and 22-30.5-526, respectively, to students enrolled in grades nine through twelve. The department shall allocate money to offset the costs incurred in administering each of the test units only once per student while the student is enrolled in grades nine through twelve.

(b) The general assembly finds that, for purposes of section 17 of article IX of the state constitution, administering developmental education placement or assessment tests to students in grades nine through twelve is an accountable program to meet state academic standards and is a component of accountability reporting and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.

(5) On and after August 10, 2016, the board of education of a school district that intends to seek voter approval of bonded indebtedness for the purpose of constructing a building that the school district may lease to a state institution of higher education or that intends to lease other school district property to a state institution of higher education, and that intends, in either situation, to receive in-kind services in lieu of part or all of the lease payments, must submit to the commissioner a letter of intent to lease property to a state institution of higher education. The commissioner shall approve the first three letters of intent that are submitted after August 10, 2016, and shall not approve subsequent submittals until July 1, 2021, at which point the commissioner may approve the first three letters of intent submitted after that date. A school district board of education may proceed with plans to lease property to a state institution of higher education or to seek voter approval of bonded indebtedness to construct a building for lease to a state institution of higher education only if the school district's letter of intent is approved by the commissioner. The provisions of this subsection (5) do not apply to a building lease between a school district and a state institution of higher education that exists as of August 10, 2016.

(6) If a school district fails to replace categorical program support funds as required in section 22-54-107, the commissioner shall withhold from any state money due to the school district for any reason the unpaid amount of categorical program support funds recoverable from the school district. The commissioner shall withhold the state money commencing in the budget year immediately following the budget year in which the school district fails to pay the recoverable amount. The commissioner shall assess and recover an interest fee on the unpaid amount, beginning July 1, at a rate that is equal to the earnings on the treasury pooled funds for the previous fiscal year; except that the commissioner may waive accrued interest upon recovery of the unpaid amount.

(7) Repealed.

(8) Notwithstanding any provision of section 22-2-111 to the contrary, the commissioner shall ensure that the department of education cooperates with the department of early childhood as provided in section 26.5-1-111 in sharing, managing, and protecting qualitative and quantitative data needed to measure longitudinal outcomes of early childhood programs and services.
C.R.S. § 22-81-205 — CO Code / Title 22 / Article 81 / Part 2 / Section 22-81-205
22-81-205. State board - rules - donations
Status: in_force

22-81-205. State board - rules - donations. (1) The state board, pursuant to article 4 of title 24, C.R.S., shall promulgate such rules as are required in this part 2 and such additional rules as may be required for implementation of the grant program.

(2) The department shall solicit such public and private gifts, grants, and donations as may be available to fund the grant program. Any moneys so received shall be credited to the science and technology education fund created in section 22-81-206.
C.R.S. § 22-7-1209 — CO Code / Title 22 / Article 7 / Part 12 / Section 22-7-1209
22-7-1209. State board - rules - department - duties
Status: in_force

22-7-1209. State board - rules - department - duties. (1) The state board shall promulgate rules in accordance with the "State Administrative Procedure Act", article 4 of title 24, as necessary to implement the provisions of this part 12, which rules must include, but need not be limited to:

(a) The minimum reading competency skill levels in the areas of phonemic awareness, phonics, vocabulary development, reading fluency, including oral skills, and reading comprehension for kindergarten and first, second, and third grades. The state board shall base the minimum skill levels for second and third grades primarily on scores attained on the assessments approved by the state board pursuant to subsection (1)(b) of this section. The state board shall describe the minimum skill levels for students as they complete kindergarten and first grade using matrices of appropriate indicators, which indicators may include measures of students' social and emotional development, physical development, language and comprehension development, and cognition and general knowledge. The state board shall adopt the rules described in this subsection (1)(a) by March 31, 2013. The state board shall review the minimum reading competency skill levels on or before July 1, 2019, and every four years thereafter and update them as necessary.

(b) The list of approved evidence-based or scientifically based reading assessments, based on the recommendations of the department, that local education providers may use to meet the requirements specified in section 22-7-1205. The state board shall adopt the list of approved reading assessments by March 31, 2013. The state board shall review the list of approved reading assessments, on or before July 1, 2019, and every four years thereafter and update the list as necessary.

(c) Rules for approving one or more independent third-party evaluators to review reading assessments for inclusion on the approved list of assessments and to review instructional programming and professional development programs for inclusion on the advisory lists created by the department pursuant to subsections (2) and (3) of this section;

(d) Rules to provide notice and an appeals process, which may be a process for written appeals, for publishers and local education providers who submit materials for inclusion on the list of approved assessments and the advisory lists of instructional programming, and professional development programs. On appeal, the department and the state board must, at a minimum, consider any findings that an appellant may submit from a nationally recognized, evidence-based information clearinghouse that demonstrate that a program has achieved positive results for a substantially similar population of students who are identified as having significant reading deficiencies.

(d.5) The time frames and procedures for submitting information concerning the use of per-pupil intervention money;

(e) The time frames and procedures for reporting information concerning students' reading skills as described in section 22-7-1213; and

(f) Rules for implementing the early literacy grant program pursuant to section 22-7-1211.

(2) (a) (I) Using the procedure developed pursuant to subsection (3) of this section, the department shall review and recommend to the state board reading assessments, including interim, summative, and diagnostic assessments, for kindergarten and first, second, and third grades that, at a minimum, meet the criteria specified in subsection (2)(a)(II) of this section. Following action by the state board to approve reading assessments pursuant to subsection (1)(b) of this section, the department shall create a list of the approved reading assessments for kindergarten and first, second, and third grades for use by local education providers. The department shall update the list of approved reading assessments on or before July 1, 2019, and every four years thereafter as necessary. The department shall work with the approved assessment publishers to better align, to the extent practicable, the minimum reading competency levels for third grade, which are based on the scores attained on the approved assessments, with the preschool through elementary and secondary education standards for third-grade reading adopted pursuant to section 22-7-1005.

(II) The department shall ensure that:

(A) Each of the recommended reading assessments is evidence-based or scientifically based and is aligned with the preschool through elementary and secondary education standards for reading adopted by the state board pursuant to section 22-7-1005;

(B) Each of the recommended reading assessments is valid and reliable and proven to effectively and accurately measure students' reading skills in the areas of phonemic awareness; phonics; vocabulary development; reading fluency, including oral skills; and reading comprehension;

(C) Each of the recommended reading diagnostics is proven to accurately identify students' specific reading skill deficiencies;

(D) At least one of the recommended reading assessments for kindergarten and first, second, and third grades is normed for the performance of students who speak Spanish as their native language, which assessment is available in both English and Spanish; and

(E) The list of recommended reading assessments and reading diagnostics includes at least one assessment and one diagnostic that a student can complete using pencil and paper rather than using a computer.

(b) Using the procedure developed pursuant to subsection (3) of this section, the department shall create an advisory list of evidence-based or scientifically based instructional programming in reading and supporting technologies, including software, for assessing and monitoring student progress that local education providers are encouraged to use, which programming and technology, including software, are aligned with the recommended reading assessments, including the assessment required in subsection (2)(a)(II)(D) of this section. The advisory list may include only programming and technology, including software, that, at a minimum:

(I) Have been proven to accelerate student progress in attaining reading competency;

(II) With regard to instructional programming, provides explicit and systematic skill development in the areas of phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension;

(II.5) With regard to instructional programming, is evidence based or scientifically based and is aligned with the preschool through elementary and secondary education standards for reading adopted by the state board pursuant to section 22-7-1005;

(III) With regard to instructional programming, includes evidence-based or scientifically based and reliable assessments;

(IV) Provide initial and ongoing analysis of the student's progress in attaining reading competency; and

(V) With regard to instructional programming, includes texts on core academic content to assist the student in maintaining or meeting grade-appropriate proficiency levels in academic subjects in addition to reading.

(c) Using the procedure developed pursuant to subsection (3) of this section, the department shall create an advisory list of rigorous professional development programs for teachers, reading interventionists, principals, and administrators, which programs are related to addressing significant reading deficiencies and to applying intervention instruction and strategies, in addition to programs related to teaching general literacy, that local education providers are encouraged to use. The department shall include on the advisory list professional development programs that are available online. The department shall ensure that each professional development program included on the advisory list is:

(I) Focused on or aligns with the science of reading, including teaching in the areas of phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension; and

(II) Includes rigorous evaluations of learning throughout and at the end of the course that a person taking the course must pass to successfully complete the course.

(d) The department shall make the approved list of assessments and the advisory lists of instructional programming and professional development programs, and subsequent updated lists, available on the department's website. The department is not required to provide copies of any reading assessments, instructional programming, or professional development programs that are included on the lists. If the department does provide copies of any materials that it acquires by purchase of a license for use by local education providers, the materials may be used only in accordance with the license.

(e) Each local education provider shall select from the list of approved reading assessments those reading assessments that it will administer to students in kindergarten and first, second, and third grades. Each local education provider is encouraged to use the instructional programming in reading and professional development programs included on the advisory lists. The department and each local education provider, in using the assessments, instructional programming in reading, and professional development programs that are included on the lists, shall comply with the federal copyright laws, 17 U.S.C. sec. 101 et seq.

(3) The department shall develop and implement a procedure for identifying the reading assessments it recommends to the state board for the approved list of reading assessments described in subsection (2)(a) of this section and for creating the advisory lists of instructional programming and professional development programs described in subsections (2)(b) and (2)(c) of this section. At a minimum, the procedure must include:

(a) Soliciting through public notice, accepting, and promptly reviewing assessments, instructional programming, and professional development programs from each local education provider and from publishers;

(b) Evaluating the assessments, instructional programming, and professional development programs that the department identifies or receives, which evaluation is based on the criteria specified in subsection (2) of this section and any additional criteria the state board may adopt by rule. The department may contract with an independent, third-party evaluator approved by the state board to evaluate the materials. The department shall recommend to the state board the reading assessments that meet the requirements specified in paragraph (a) of subsection (2) of this section.

(c) Reviewing the list of approved assessments at least every four years and the advisory lists at least every two years to update the lists and add additional items, when appropriate. In reviewing and updating the list of approved assessments and the advisory lists, the department shall, at a minimum, comply with the procedures described in subsections (3)(a) and (3)(b) of this section.

(d) Publishing on the department's website the initial and updated approved list of reading assessments and advisory lists of instructional programming and professional development programs.

(3.5) In designing and periodically updating the procedure and the rubric of criteria for reviewing assessments and materials and creating the advisory lists, the department shall consult with local education providers, including those with high enrollments of students who are English language learners as defined in section 22-24-103, and with third-party experts as necessary. The department shall ensure that the procedure for reviewing the assessments and materials and creating the advisory lists is inclusive and transparent.

(4) The department shall specify the information that local education providers shall submit pursuant to section 22-7-1213 and shall analyze the information as necessary to make the determinations specified in section 22-7-1213. If another rule or statute requires local education providers to submit any portion of the specified information, the department shall not require local education providers to resubmit the information, but shall apply the information received pursuant to the other rule or statute in preparing the analysis required in section 22-7-1213.

(5) The department shall make available to local education providers any information and materials it receives pursuant to section 22-7-1208 (3) concerning strategies and intervention instruction that local education providers find effective in assisting students to achieve reading competency, including copies of any effective materials that the department receives.

(6) The department, upon request, may provide technical assistance to a local education provider in implementing the provisions of this part 12; except that, if a local education provider is accredited with turnaround plan pursuant to section 22-11-208 or required to adopt a turnaround plan pursuant to section 22-11-210, the department shall provide technical assistance to the local education provider in implementing the provisions of this part 12.

(7) Beginning in the 2019-20 budget year, the department shall contract with an entity to develop and implement a public information campaign to emphasize the importance of learning to read by third grade and to highlight the local education providers that are achieving high percentages of third-grade students who demonstrate reading competency. The public information campaign must be disseminated statewide and must emphasize the important roles that educators and parents have in teaching children to read and in providing a school and home environment that promotes reading. The department is encouraged to work with the public and private library agencies throughout the state in developing and implementing the public information campaign.

(8) (a) By October 1, 2019, the department shall issue a request for proposals to contract with an entity to act as an independent evaluator to provide independent evaluations of the use of per-pupil intervention money and money received through the early literacy grant program by local education providers and to conduct a multi-year evaluation to determine whether the student outcomes achieved by local education providers in implementing this part 12 meet the goals of this part 12 as described in section 22-7-1202 (2) and (3)(a).

(b) The commissioner of education shall direct the process for reviewing the proposals received and for selecting the entity in accordance with the procurement laws applicable to the department. In selecting the entity, the commissioner shall ensure that:

(I) The selected entity demonstrates the ability and capacity to successfully complete the evaluation as described in subsection (8)(c) of this section within the specified time frame;

(II) The selected entity has expertise in reviewing and understanding the components of high-quality, effective reading curricula, education programs, instruction, strategies, and interventions;

(III) The selected entity has expertise in reviewing the implementation of English language development programs, especially with regard to teaching reading; and

(IV) The selected entity has expertise in understanding measurements of student learning and academic growth.

(c) The multi-year evaluation of the implementation of this part 12 must include:

(I) Review of the approved reading assessments and the items included on the advisory lists of instructional programming in reading and supporting technologies and of professional development programs to ensure that they meet the requirements specified in subsection (2) of this section and a review of the processes by which the department identifies assessments, instructional programming in reading, and professional development programs for inclusion on the lists;

(II) Evaluation of the effectiveness of the processes, procedures, methods, and strategies that local education providers use to implement the requirements of this part 12, including an inventory to establish a baseline indication of the teaching methods, strategies, and materials used by local education providers to teach reading in kindergarten and grades one through three;

(III) Measurement of the results attained that indicate the degree to which the goals of this part 12 have been met, including, at a minimum:

(A) The number of students annually identified as having significant reading deficiencies, including those initially identified and those who were identified in a previous school year;

(B) The amount of academic growth to standard in reading annually attained by students who are identified as having significant reading deficiencies and whether students identified as having significant reading deficiencies demonstrate sufficient, as determined by the department, growth to standard in reading over multiple years;

(C) Whether students identified as having significant reading deficiencies demonstrate grade-level reading competency by completion of third grade or by completion of a later grade;

(D) The number of students annually identified as reading below grade level; and

(E) The amount of academic growth to standard in reading annually attained by students who are reading below grade level and whether students identified as reading below grade level demonstrate sufficient, as determined by the department, growth to standard in reading over multiple years;

(IV) Identification of the effective processes, procedures, methods, and strategies used by local education providers that the independent evaluator identifies as achieving significant academic growth to standard in reading for students identified as having significant reading deficiencies and as reading below grade level;

(V) Establishment of a baseline indication of the level and quality of pre-service and in-service training in teaching reading received by each educator who is employed in a public school to teach kindergarten or one of grades one through three;

(VI) Evaluation of the degree to which local education providers effectively work with parents and members of the community to create partnerships for providing and encouraging reading instruction for students enrolled in kindergarten and grades one through three; and

(VII) Recommendations for legislative or regulatory changes regarding this part 12 or changes in implementation of the requirements of this part 12 to decrease the number of students identified as having significant reading deficiencies and increase to the greatest possible extent the number and overall percentage of students reading at grade level at the completion of kindergarten and grades one through three.

(d) In completing the multi-year evaluation, the independent evaluator shall take into account student mobility within, and the student demographics of, each local education provider, including at the school-building level. The independent evaluator shall work directly with the department, local education providers, and parents and community members in completing the evaluation.

(e) The independent evaluator contracted pursuant to this subsection (8) shall complete the evaluation of the implementation of this part 12 as described in subsection (8)(c) of this section by July 1, 2021. The department shall include a report of the evaluation in the hearing before the joint education committee held pursuant to section 2-7-203 in November or December 2021. The independent evaluator shall continue evaluations of the growth in reading achieved by local education providers' use of per-pupil intervention money and money received through the early literacy grant program.

(9) The department shall post on its website the information submitted by local education providers pursuant to section 22-7-1208 (8). The department shall ensure that the information is posted in a user-friendly format and in a location on the website easily identified as relating to student literacy or the "Colorado READ Act". The department shall notify the local education providers of the specific internet address for the page on which the information is posted and shall update the information in a timely manner as it receives updates from the local education providers.
C.R.S. § 22-10-103 — CO Code / Title 22 / Article 10 / Part 1 / Section 22-10-103
22-10-103. Definitions
Status: repealed

22-10-103. Definitions. As used in this part 1, unless the context otherwise requires:

(1) "Adult education and literacy programs" means programs that provide adult basic education, adult education leading to a high school diploma or an equivalency credential, English as a second language instruction, or integrated basic education, digital literacy, and skills training.

(1.5) "Adult education provider" means one of the following entities that the department recognizes as providing appropriate and effective adult education and literacy programs:

(a) A secondary or postsecondary, public or private, nonprofit educational entity, including but not limited to a school district, charter school, board of cooperative services, state institution of higher education, local district college, and area technical college;

(b) A community-based nonprofit agency or organization;

(c) An Indian tribe or nation;

(d) A library;

(e) A literacy council or other literacy institute;

(f) A business or business association that provides adult education and literacy programs either on site or off site;

(g) A volunteer literacy organization;

(h) A local work force board, as defined in section 8-83-203, that oversees a work force development program described in the "Colorado Career Advancement Act", part 2 of article 83 of title 8;

(i) A one-stop partner, as described in section 8-83-216, under the "Colorado Career Advancement Act", part 2 of article 83 of title 8; or

(j) A consortia of entities described in this subsection (1.5).

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

(2.3) "Digital literacy" means the skills associated with using technology that enables users to find, evaluate, organize, create, disseminate, and communicate information online.

(2.5) "Education attainment partnership" means a collaboration that assists adults in attaining basic literacy, digital literacy, and numeracy skills that lead to additional skill acquisition and may lead to postsecondary credentials and employment. At a minimum, an education attainment partnership must consist of at least one adult education provider that is not listed in subsection (1.5)(a) of this section that partners with at least one elementary or secondary school or school district, a public or private institution of higher education, a local district college, or an area technical college.

(3) "Eligible adult" means a person who:

(a) Is at least seventeen years of age;

(b) Is not enrolled in a public or private secondary school; and

(c) (I) Lacks a high school diploma or its equivalent; or

(II) Is in need of English language instruction; or

(III) Lacks sufficient mastery of the basic literacy, digital literacy, and numeracy skills necessary to enable the person to function effectively in the workplace.

(4) "English language instruction" means instruction that is designed to assist a person with limited English proficiency to achieve competence in the English language, thus allowing the person to understand and navigate governmental, educational, and workplace systems.

(5) "Grant program" means the adult education and literacy grant program created in section 22-10-104.

(6) "Literacy" means a person's ability to read, write, and speak English at levels of proficiency that are necessary to function on the job and in society, achieve the person's goals, and develop the person's knowledge and potential.

(7) Repealed.

(8) "Numeracy" means a person's ability to compute and solve mathematical problems at levels of proficiency that are necessary to function on the job and in society, achieve the person's goals, and develop the person's knowledge and potential.

(9) "Office" means the office within the department that is responsible for adult education.

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

(10.5) "Work-based learning" has the same meaning as set forth in section 8-83-601 (15).

(11) (a) "Workforce development partnership" means a collaboration that assists adults in attaining basic literacy, digital literacy, and numeracy skills leading to additional skill acquisition, postsecondary credentials, and employment. At a minimum, a workforce development partnership must include at least one adult education provider and at least one workforce development provider.

(b) For purposes of this subsection (11), a postsecondary education or training provider includes, but need not be limited to:

(I) A state institution of higher education, local district college, or area technical college;

(II) An apprenticeship program;

(III) An entity that provides accelerated education and skills training certificate programs created pursuant to part 9 of article 60 of title 23, C.R.S.;

(IV) An entity that operates programs through the manufacturing career pathway pursuant to part 10 of article 60 of title 23, C.R.S., or another career pathway pursuant to section 24-46.3-104, C.R.S.; and

(V) A community-based workforce development program that is operated through the Colorado customized training program created in section 23-60-306, C.R.S.

(c) For purposes of this subsection (11), a work force development provider includes, but need not be limited to:

(I) A work force development program described in the "Colorado Career Advancement Act", part 2 of article 83 of title 8, C.R.S.; and

(II) A program that is supported by the state work force development council created in article 46.3 of title 24, C.R.S.
C.R.S. § 22-14-103 — CO Code / Title 22 / Article 14 / Section 22-14-103
22-14-103. Office of dropout prevention and student re-engagement - created - purpose - dut
Status: in_force

22-14-103. Office of dropout prevention and student re-engagement - created - purpose - duties. (1) (a) There is hereby created within the department of education the office of dropout prevention and student re-engagement. The head of the office shall be the director of the office of dropout prevention and student re-engagement and shall be appointed by the commissioner of education in accordance with section 13 of article XII of the state constitution. The office of dropout prevention and student re-engagement shall consist of the director and an assistant director who shall be appointed by the director. The commissioner may assign or otherwise direct other personnel within the department to assist the director and assistant director in meeting the responsibilities of the office.

(b) The office of dropout prevention and student re-engagement and the director of the office are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of education, the commissioner of education, and the state board of education.

(c) The department is strongly encouraged to direct, to the extent possible, any increases in the amount of federal moneys received by the department for programs under Title I, part A of the "Elementary and Secondary Education Act of 1965", 20 U.S.C. sec. 6301 et seq., programs under the "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400, et seq., or other federal programs to assist in funding the activities of the office as specified in this article.

(d) The department shall seek and may accept and expend gifts, grants, and donations from public or private entities to fund the operations of the office, including the personnel for the office and execution of the duties and responsibilities specified in this article. Notwithstanding any provision of this article to the contrary, the department is not required to implement the provisions of this article until such time as the department has received an amount in gifts, grants, and donations from public or private entities that the department deems sufficient to adequately fund the operations of the office.

(2) The office shall collaborate with local education providers to reduce the statewide and local student dropout rates and to increase the statewide and local graduation and completion rates in accordance with the goals specified in section 22-14-101. To accomplish this purpose, the office shall assist local education providers in:

(a) Analyzing student data pertaining to student dropout rates, graduation rates, completion rates, mobility rates, truancy rates, suspension and expulsion rates, safety or discipline incidences, and student academic growth data at the state and local levels; and

(b) Creating and evaluating student graduation and completion plans.

(3) To accomplish the purposes specified in subsection (2) of this section, the office shall also:

(a) Review state policies and assist local education providers in reviewing their policies pertaining to attendance, truancy, disciplinary actions under the local education provider's code of conduct, behavioral expectations, dropout prevention, and student engagement and re-engagement to identify effective strategies for and barriers to reducing the student dropout rates and increasing student engagement and re-engagement within the state;

(b) Identify and recommend, as provided in section 22-14-104, best practices and effective strategies to reduce student dropout rates and increase student engagement and re-engagement;

(c) Develop interagency agreements and otherwise cooperate with other state and federal agencies and with private, nonprofit agencies to collect and review student data and develop and recommend methods for reducing student dropout rates and increasing student engagement and re-engagement. The office shall, to the extent possible, collaborate with, at a minimum:

(I) Career and technical education providers;

(II) General educational development service providers;

(III) The prevention services division in the department of public health and environment;

(IV) The division of youth services and other agencies within the juvenile justice system;

(V) The department of corrections;

(VI) The judicial department;

(VII) Institutions of higher education;

(VIII) Offices of workforce development;

(IX) Expanded learning opportunity and family education programs;

(X) Adult basic education and English-as-a-second-language programs;

(XI) Organizations that provide services for pregnant and parenting teens and students with special health and education needs;

(XII) Agencies and nonprofit organizations within the child welfare system;

(XIII) Private, nonprofit organizations that provide services for homeless families and youth; and

(XIV) Private nonprofit or for-profit community arts organizations that work in either visual arts or performing arts;

(d) Solicit public and private gifts, grants, and donations to assist in the implementation of this article; and

(e) Evaluate the effectiveness of local education providers' efforts in reducing the statewide student dropout rate and increasing the statewide graduation and completion rates and to report progress in implementing the provisions of this article.

(4) (a) The office shall collaborate with other divisions within the department to identify annually through the accreditation process those local education providers that do not meet their established graduation and completion rate expectations. Of those local education providers identified, the office shall use criteria adopted by rule of the state board to determine:

(I) Which local education providers are most in need of improvement and assistance and shall recognize said local education providers as high priority local education providers; and

(II) Which local education providers are in significant need of improvement and assistance and shall recognize said local education providers as priority local education providers.

(b) The office shall provide technical assistance to each high priority local education provider and to priority local education providers as provided in this article.

(5) In addition to the assistance specified in sections 22-14-106 (3) and 22-14-107 (5), the office shall provide technical assistance in the areas of dropout prevention and student engagement and re-engagement to the high priority local education providers and, to the extent practicable within existing resources, to priority local education providers. Technical assistance may include, but need not be limited to:

(a) Training in implementing identified, effective, research-based strategies for dropout prevention and student engagement and re-engagement;

(b) Assistance in estimating the cost of implementing the identified strategies in the schools operated or approved by the high priority or priority local education provider and analyzing the cost-effectiveness of the strategies;

(c) Identification and recommendation of effective approaches applied by other Colorado local education providers that may be similarly situated to the high priority or priority local education provider.
C.R.S. § 22-30-115 — CO Code / Title 22 / Article 30 / Part 1 / Section 22-30-115
22-30-115. Hearing on a plan of organization
Status: in_force

22-30-115. Hearing on a plan of organization. (1) When a plan of organization has been tentatively agreed upon by the committee, the proposed plan of organization with the attached map and legal description of the proposed boundaries of each school district affected by the proposed plan of organization shall be filed with the commissioner and each affected board of education.

(2) (a) Within fifteen days after the filing of the proposed plan of organization, the committee shall give notice of the filing of such plan of organization, map, and legal description by publication of said fact in a newspaper of general circulation in each area affected by the proposed plan of organization and by causing to be posted a copy of said notice upon each public school building in which school was held during any part of the preceding twelve months and that is located within the boundaries of any area affected by the plan of organization. If there is no newspaper of general circulation in the communities affected by the proposed plan of organization, posting of public notice as provided in this subsection (2) shall be sufficient. Such public notice shall give the time and place of any meeting to be held within thirty days by the committee for hearings on such proposed plan of organization. The committee shall hold a sufficient number of hearings to enable the residents of the affected area to receive adequate information and details of the plan of organization being considered. Any interested person may appear at such hearings and make comments on the proposed plan of organization.

(b) Notwithstanding the provisions concerning the posting of notice in public schools in paragraph (a) of this subsection (2), if there are no public schools within the boundaries of an area proposed to be detached and either annexed or organized into a new school district, public notice of the meeting shall be posted in at least three public buildings located in such area. If there are fewer than three public buildings located in such area, notice shall be mailed to each household in such area in which one or more eligible electors reside.
C.R.S. § 22-54-110 — CO Code / Title 22 / Article 54 / Section 22-54-110
22-54-110. Loans to alleviate cash flow deficits - financed purchase of an asset agreements
Status: in_force

22-54-110. Loans to alleviate cash flow deficits - financed purchase of an asset agreements. (1) (a) (I) Upon approval by the state treasurer of an application to participate in an interest-free or low-interest loan program submitted by a district pursuant to paragraph (a.5) of this subsection (1), the state treasurer shall make available to such district in any month of the budget year an interest-free or low-interest loan from the state general fund or the proceeds of the tax and revenue anticipation notes issued pursuant to section 29-15-112, C.R.S., in an amount for the month as certified by the chief financial officer and the superintendent of the district.

(II) The state treasurer shall determine the methodology for the calculation of cash deficits and establish reporting mechanisms necessary to ensure consistent and accurate reporting of cash deficits. No loan shall be made in any month unless the district has demonstrated, through the submission of any actual or projected financial or budgetary statements required by the state treasurer that a general fund cash deficit will exist for that month, and that the district has the capacity to repay the loan by June 25th of the state fiscal year in which the loan shall be made. This subparagraph (II) shall apply to a loan made from the state general fund or the proceeds of the tax and revenue anticipation notes issued pursuant to section 29-15-112, C.R.S.

(a.5) A district that chooses to participate in the interest-free or low-interest loan program shall submit an application to the state treasurer. On and after March 25, 2003, a district's initial application to participate in the interest-free or low-interest loan program shall be subject to approval by a resolution adopted by the district board of education as follows:

(I) For a month in which the district seeks an emergency loan pursuant to paragraph (d) of this subsection (1), the chief financial officer of the district and the district superintendent shall present the emergency loan request to the district board of education, explaining the need for the emergency loan and the requested amount. The district board of education, by majority vote, shall approve or disapprove the emergency loan request and the amount. If the district board of education approves the emergency loan request, the chief financial officer and the district superintendent shall request the emergency loan from and certify the amount of the emergency loan to, as approved by the district board of education, the state treasurer as provided in paragraph (a) of this subsection (1).

(II) If, in order to receive an interest-free loan, a district seeks to have tax and revenue anticipation notes issued on its behalf pursuant to section 29-15-112, C.R.S., the chief financial officer of the district and the district superintendent shall present a request to the district board of education to participate in the interest-free loan program and to have tax and revenue anticipation notes issued on its behalf. Such request shall explain the district's anticipated cash flow deficit for the upcoming calendar year and the total amount of tax and revenue anticipation notes that need to be issued on its behalf to cover such deficit. The district board of education, by majority vote, shall approve or disapprove the participation in the interest-free loan program and the amount of tax anticipation and revenue notes that shall be issued on behalf of the district. If the district board of education approves the participation in the interest-free loan program and the issuance of tax and revenue anticipation notes, the chief financial officer and the district superintendent shall certify to the state treasurer the amount of the tax and revenue notes, as approved by the district board of education, that shall be issued on behalf of the district. Thereafter, a district shall not be required to receive approval for an interest-free loan made from the proceeds of the tax and revenue anticipation notes that received prior approval by the district board of education.

(b) A loan may not be made under this section to cover a foreseeable level of uncollectible property taxes, nor may a loan be used by a district for the simultaneous purchase and sale of the same security or an equivalent security in order to profit from price disparity.

(c) Except as otherwise provided in paragraph (d) of this subsection (1), all loans to a district shall be made from the proceeds of the tax and revenue anticipation notes issued pursuant to section 29-15-112, C.R.S.

(d) If the amount of the tax and revenue anticipation notes, if any, issued on behalf of a district as determined by the state treasurer pursuant to section 29-15-112 (2)(f), C.R.S., is not sufficient to cover a district's cash deficit, then the state treasurer may, in his or her discretion, make available to such district an emergency loan from the state general fund. The emergency loan shall accrue interest at the same rate as the rate of interest paid by the state treasurer on notes issued by the state pursuant to part 9 of article 75 of title 24, C.R.S.

(2) (a) For the months of March, April, and May of each budget year, any district receiving a loan under the provisions of paragraph (d) of subsection (1) of this section shall begin to repay such loan if the district's available resources, as of the last day of the month, increased by the next month's revenues exceed the next month's expenditures plus a cash reserve. The excess resources must be remitted to the state treasurer by the close of business on the fifteenth day, or the first business day following the fifteenth day, of the following month. All loans shall be repaid by June 25 of the state fiscal year in which the loan was made or on a later alternative date as determined by the state treasurer.

(a.5) For the months of March, April, and May of each budget year, any district receiving a loan under the provisions of paragraph (c) of subsection (1) of this section shall begin to repay such loan as established by the district's agreement with the state treasurer. All loans shall be repaid by June 25 of the state fiscal year in which the loan was made or on a later alternative date as determined by the state treasurer.

(a.7) If a district defaults on a loan that is made from the proceeds of the tax and revenue anticipation notes issued pursuant to section 29-15-112, C.R.S., by failing to repay the loan on or before the date required, interest shall accrue on the unpaid balance from the date of default until the loan is repaid in an amount that is equal to the interest paid by the state treasurer on notes issued by the state pursuant to part 9 of article 75 of title 24, C.R.S.

(b) For purposes of paragraph (a) of this subsection (2):

(I) "Available resources" means any available cash and investments in district funds which can be used to alleviate general fund cash shortfalls including, but not limited to, the district's capital reserve fund and any fund or account within the general fund established solely for the management of risk-related activities. "Available resources" shall not include cash that is legally segregated or pledged by contract or rule and regulation of the state board.

(II) "Cash reserve" means eight percent of the district's average monthly expenditures or twenty thousand dollars, whichever is greater.

(c) A lien in the amount of any such loan, plus any interest specified in paragraph (a.7) of this subsection (2), shall attach to any district property tax revenues, except for bond redemption fund revenues, collected during the state fiscal year in which the loan was made, and such lien shall have priority over all other expenditures from such revenues until the loan shall have been repaid in full. The county treasurer of the county in which the headquarters of the district are located shall be jointly responsible with the district for repayment of any loan made pursuant to this section, plus any interest specified in paragraph (a.7) of this subsection (2). If a district fails to repay a loan to the state treasurer in accordance with the provisions of this section, the state treasurer shall notify the county treasurer of the county in which the district is located that the district is in default on the loan and the amount of the default, plus any interest specified in paragraph (a.7) of this subsection (2). The county treasurer shall withhold any moneys of the district in the county treasurer's possession in an amount equal to the amount of the default, plus any interest specified in paragraph (a.7) of this subsection (2), and transmit said moneys to the state treasurer. If the amount of moneys of the district in the county treasurer's possession at the time notice of the default is given is less than the amount of the default, the county treasurer shall withhold additional moneys of the district until such time as the default, plus any interest specified in paragraph (a.7) of this subsection (2), has been completely paid to the state treasurer.

(d) (I) A district may sell real property to the state treasurer pursuant to the provisions of this paragraph (d) if:

(A) The district has been denied a loan pursuant to the provisions of this section in which case the fair market value of the property shall be equal to or greater than the amount of the purchase price; or

(B) The district is unable to pay a loan back in the same state fiscal year in which the loan was made in which case the fair market value of the real property shall be equal to or greater than the outstanding balance of the loan to the state treasurer.

(II) Such sale may only be made if:

(A) At the same time of the sale, the state treasurer enters into a financed purchase of an asset or certificate of participation agreement with the district covering all of the property that is subject to annual appropriation by the school district;

(B) The district pays any legal or other transaction costs incurred by the state treasurer related to the sale of the property and the financed purchase of an asset or certificate of participation agreement; and

(C) The state treasurer agrees to the sale of the property and the financed purchase of an asset or certificate of participation agreement.

(III) The provisions of subsection (2)(c) of this section shall not apply to the financed purchase of an asset or certificate of participation agreement, and no lien shall attach to any district tax revenues in order to secure the district's payments. The financed purchase of an asset or certificate of participation agreement shall not authorize the district to receive fee title to the property that is the subject of the financed purchase of an asset or certificate of participation agreement prior to the expiration of the terms of the financed purchase of an asset or certificate of participation agreement.

(IV) Sections 24-82-102 (1)(b) and 24-82-801, C.R.S., shall not apply to the lease-purchase agreement.

(V) If a district defaults in the payment of rent required by the financed purchase of an asset or certificate of participation agreement, it shall have thirty days to cure the default. If after thirty days the district has not cured the default and if the district remains in possession of the property, the state treasurer shall recover possession of the property pursuant to the provisions of article 40 of title 13. If a court enters a judgment in favor of the state treasurer and issues a writ of restitution pursuant to section 13-40-115, the state treasurer shall liquidate the property to the best advantage of the state.

(3) The state treasurer shall consult with the department of education concerning the administration of the loan program under this section in order to assure that it is implemented in a manner that will minimize the amount of emergency loans needed by each district.

(4) A district receiving a loan pursuant to this section shall be subject to an audit conducted by, or contracted for by, the state auditor and shall be penalized through the withholding of state aid in the event an audit finds the district used the loan in a manner contrary to the provisions of this section.
C.R.S. § 22-33-104 — CO Code / Title 22 / Article 33 / Part 1 / Section 22-33-104
22-33-104. Compulsory school attendance
Status: in_force

22-33-104. Compulsory school attendance. (1) (a) Except as otherwise provided in subsection (2) of this section, every child who has attained the age of six years on or before August 1 of each year and is under the age of seventeen years, except as provided by this section, shall attend public school for at least the following number of hours during each school year:

(I) One thousand fifty-six hours if a secondary school pupil;

(II) Nine hundred sixty-eight hours if an elementary school pupil in a grade other than kindergarten;

(III) Nine hundred hours if a full-day kindergarten pupil; or

(IV) Four hundred fifty hours if a half-day kindergarten pupil.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (1), a school or schools shall not be in session for fewer than one hundred sixty days without the specific prior approval of the commissioner of education.

(c) A student who participates in an online program or online school pursuant to the provisions of article 30.7 of this title shall be deemed to attend school in accordance with the requirements of this subsection (1).

(d) Nothing in this section shall be interpreted to require a child who begins attending preschool or kindergarten at five or six years of age to advance to first grade in the following school year. A parent of a child who began attending preschool or kindergarten at five or six years of age may notify the child's school of the parent's wish that the child not advance to first grade in the following school year, and a school that receives such notice shall not advance the child to first grade in the following school year.

(1.5) (Deleted by amendment, L. 2006, p. 1211, § 2, effective July 1, 2007.)

(2) The provisions of subsection (1) of this section shall not apply to a child:

(a) Who is temporarily ill or injured or whose absence is approved by the administrator of the school of attendance;

(b) Who is enrolled for a minimum of one hundred seventy-two days in an independent or parochial school which provides a basic academic education. "Basic academic education" for the purpose of this article means the sequential program of instruction provided by an independent or parochial school. Such program shall include, but not be limited to, communication skills of reading, writing, and speaking, mathematics, history, civics, literature, and science.

(c) Who is absent for an extended period due to a physical disability or a mental or behavioral health disorder;

(d) Who has been suspended, expelled, or denied admission in accordance with the provisions of this article; except that, when a pupil is expelled for the remainder of the school year, the parent, guardian, or legal custodian is responsible for seeing that either the provisions of subsection (1) of this section are complied with during the period of expulsion from the school district or that the pupil meets the conditions for exemption specified in paragraph (b) or (i) of this subsection (2);

(e) To whom a current age and school certificate or work permit has been issued pursuant to the "Colorado Youth Employment Opportunity Act of 1971", article 12 of title 8, C.R.S.;

(f) Who is in the custody of a court or law enforcement authorities;

(g) Who is pursuing a work-study program under the supervision of a public school;

(h) Who has graduated from the twelfth grade;

(i) Who is being instructed at home:

(I) By a teacher licensed pursuant to article 60.5 or 61 of this title; or

(II) Under a nonpublic home-based educational program pursuant to section 22-33-104.5.

(III) (Deleted by amendment, L. 2003, p. 2131, § 24, effective May 22, 2003.)

(j) Who is enrolled in a school where the state board of education has approved a lesser number of days.

(k) Who is excused from school for a therapy, medical, legal, or victim services appointment related to harassment or discrimination, as described in section 22-1-143 (2)(f), or for behavioral or mental health concerns related to harassment or discrimination.

(3) Unless within one of the exceptions listed in subsection (2) of this section, a child who is deaf or blind, and who has attained the age of six years and is under the age of seventeen, shall attend, for at least one hundred seventy-two days during the school year, a school which provides suitable specialized instruction. The provisions of this subsection (3) shall not apply to a child if the Colorado school for the deaf and the blind refuses him admission and it is impractical to arrange for attendance at a special education class, as provided in article 20 of this title, within daily commuting distance of the child's home. If any school providing instruction for deaf or blind children offers fewer than the necessary one hundred seventy-two days of instruction, the school shall file with the school district in which it is located a report showing the number of days classes were held and the names and ages of the children enrolled.

(4) (a) The board of education shall adopt a written policy setting forth the district's attendance requirements. The policy must provide for excused absences, including those listed as exclusions from compulsory school attendance in accordance with subsection (2) of this section, as well as temporary absences due to behavioral health concerns. An attendance policy developed pursuant to this section may include appropriate penalties for nonattendance due to unexcused absence.

(b) The attendance policy adopted pursuant to this subsection (4) shall specify the maximum number of unexcused absences a child may incur before the attorney for the school district, the attendance officer, or the local board of education may initiate judicial proceedings pursuant to section 22-33-108. Calculation of the number of unexcused absences a child has incurred includes all unexcused absences occurring during any calendar year or during any school year.

(b.5) Each board of education is encouraged to establish attendance procedures for identifying students who are chronically absent and to implement best practices and research-based strategies to improve the attendance of students who are chronically absent.

(c) On or before January 1, 2009, the state board shall adopt rules establishing a standardized calculation for counting unexcused absences of students, including the circumstance in which a student is absent for part of a school day, and the format for reporting the information to the department pursuant to section 22-33-107.

(5) (a) The general assembly hereby declares that two of the most important factors in ensuring a child's educational development are parental involvement and parental responsibility. The general assembly further declares that it is the obligation of every parent to ensure that every child under such parent's care and supervision receives adequate education and training. Therefore, every parent of a child who has attained the age of six years on or before August 1 of each year and is under the age of seventeen years shall ensure that such child attends the public school in which such child is enrolled in compliance with this section.

(b) Parents whose children are enrolled in an independent or parochial school or a non-public home-based educational program pursuant to the provisions of subsection (2) of this section shall be exempt from the requirements of this subsection (5).
C.R.S. § 22-30.5-106 — CO Code / Title 22 / Article 30.5 / Part 1 / Section 22-30.5-106
22-30.5-106. Charter application - contents
Status: in_force

22-30.5-106. Charter application - contents. (1) The charter school application is a proposed agreement upon which the charter applicant and the chartering local board of education negotiate a charter contract. At a minimum, each charter school application includes:

(a) An executive summary that outlines the elements of the application and provides an overview of the proposed charter school;

(b) The vision and mission statements of the proposed charter school;

(c) The goals, objectives, and student performance standards the proposed charter school expects to achieve, including but not limited to the performance indicators specified in section 22-11-204 and applicable standards and goals specified in federal law;

(d) Evidence that an adequate number of parents and pupils support the formation of a charter school;

(e) Descriptions of the proposed charter school's educational program, student performance standards, and curriculum;

(f) A plan for evaluating student performance across the curriculum, which plan aligns with the proposed charter school's mission and educational objectives and provides a description of the proposed charter school's measurable annual targets for the measures used to determine the levels of attainment of the performance indicators specified in section 22-11-204, and procedures for taking corrective action if student performance at the school falls below the described targets;

(g) Evidence that the plan for the proposed charter school is economically sound, including a proposed budget for a term of at least five years. The charter application shall also describe the method for obtaining an independent annual audit of the proposed charter school's financial statements consistent with generally accepted auditing standards and circular A-133 of the United States office of management and budget, as originally published in the federal register of June 30, 1997, and as subsequently amended.

(h) A description of the governance and operation of the proposed charter school, including the nature and extent of parental, professional educator, and community involvement in the governance and operation of the proposed charter school, that is consistent with the standards adopted by rule of the state board pursuant to section 22-2-106 (1)(h);

(i) An explanation of the relationship that will exist between the proposed charter school and its employees and the proposed charter school's employment policies or a plan for the timely development of employment policies;

(j) A proposal regarding the parties' respective legal liabilities and applicable insurance coverage, which insurance coverage shall include, at a minimum, workers' compensation, liability insurance, and insurance for the proposed charter school's facility and its contents;

(k) The proposed charter school's expectations and plans for ongoing parent and community involvement;

(l) A description of the proposed charter school's enrollment policy, consistent with the requirements of section 22-30.5-104 (3) and rules adopted by the state board pursuant to section 22-2-106 (1)(h), and the criteria for enrollment decisions;

(m) A statement of whether the proposed charter school plans to address the transportation or food service needs of its students while they are attending the school. The proposed charter school may choose not to provide transportation or food services, may choose to develop or form a charter school collaborative as described in section 22-30.5-603 to provide transportation or food services, or may choose to negotiate with a school district, board of cooperative services, or private provider to provide transportation or food services for its students. If the proposed charter school chooses to provide transportation or food services, the application shall include a plan for each provided service, which plan, at a minimum, shall specifically address serving the needs of low-income students, complying with insurance and liability issues, and complying with any applicable state or federal rules or regulations.

(n) A facilities plan that details viable facilities options that are consistent with section 22-32-124 and the reasonable costs of the facility, which are reflected in the proposed budget;

(o) A list of the waivers of statute, state rule, and school district policies that the proposed charter school is requesting. For each requested waiver of a statute or state rule that is not an automatic waiver, the charter school application must state the rationale for the requested waiver and the manner in which the proposed charter school plans to meet the intent of the waived statute, rule, or policy.

(p) Policies regarding student discipline, expulsion, and suspension that are consistent with the intent and purpose of sections 22-33-106 and 22-33-106.1, provide adequately for the safety of students and staff, and provide a level of due process for students that, at a minimum, complies with the requirements of the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq.;

(q) A plan for serving students with special needs, including budget and staff requirements, which plan shall include identifying and meeting the learning needs of at-risk students, students with disabilities, gifted and talented students, and English language learners;

(r) A dispute resolution process, as provided in section 22-30.5-107.5; and

(s) If the proposed charter school intends to contract with an education management provider:

(I) A summary of the performance data for all of the schools the education management provider is managing at the time of the application or has managed previously, including documentation of academic achievement and school management success;

(II) An explanation of and evidence demonstrating the education management provider's capacity for successful expansion while maintaining quality in the schools it is managing;

(III) An explanation of any existing or potential conflicts of interest between the governing board of the proposed charter school and the education management provider; and

(IV) A copy of the actual or proposed performance contract between the governing board for the proposed charter school and the education management provider that specifies, at a minimum, the following material terms:

(A) Performance evaluation measures;

(B) The methods of contract oversight and enforcement that the governing board will apply;

(C) The compensation structure and all fees that the proposed charter school will pay to the education management provider; and

(D) The conditions for contract renewal and termination.

(2) No person, group, or organization may submit an application to convert a private school or a nonpublic home-based educational program into a charter school or to create a charter school which is a nonpublic home-based educational program as defined in section 22-33-104.5.

(3) A charter applicant is not required to provide personal identifying information concerning any parent, teacher, or prospective pupil prior to the time that the charter contract is approved by both parties and either the charter school actually employs the teacher or the pupil actually enrolls in the charter school, whichever is applicable. A charter school applicant shall provide, upon request of the chartering school district, aggregate information concerning the grade levels and schools in which prospective pupils are enrolled.
C.R.S. § 22-82.9-210 — CO Code / Title 22 / Article 82.9 / Part 2 / Section 22-82.9-210
22-82.9-210. Healthy school meals for all program general fund exempt account - creation - us
Status: repealed

22-82.9-210. Healthy school meals for all program general fund exempt account - creation - uses - reporting requirements - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) "Account" means the healthy school meals for all program general fund exempt account created in this section.

(b) "Healthy school meals for all program revenue" means the revenue generated by the addition to federal taxable income in section 39-22-104 (3)(p.5), which revenue is a voter-approved revenue change.

(2) The healthy school meals for all program general fund exempt account is hereby created in the general fund. The account consists of healthy school meals for all program revenue deposited in the account in accordance with subsection (4)(a) of this section. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the healthy school meals for all program general fund exempt account to the account.

(3) (a) Subject to annual appropriation by the general assembly, the department may expend money from the account for the following purposes:

(I) Providing reimbursements to a participating school food authority for offering eligible meals without charge pursuant to section 22-82.9-204 (1)(b);

(II) Awarding local food purchasing grants pursuant to section 22-82.9-205;

(III) Distributing money to a participating school food authority to increase wages or provide stipends for individuals whom the participating school food authority employs to directly prepare and serve food for school meals pursuant to section 22-82.9-206 (1);

(IV) Awarding local school food purchasing technical assistance and education grants pursuant to section 22-82.9-207; and

(V) The direct and indirect costs of administering the programs described in this subsection (3)(a), so long as these costs do not exceed one and five-tenths percent of the total amount the general assembly annually appropriates in the same fiscal year for the other purposes described in this subsection (3)(a).

(b) Money in the account shall only be used for the purposes described in subsections (3)(a)(II) and (3)(a)(IV) of this section if the sum of the annual tax year revenue recorded in the account and the balance in the account, as calculated pursuant to subsection (4) of this section, is greater than, or is anticipated to be greater than, the annual expenditure anticipated to be required for the purposes described in subsections (3)(a)(I), (3)(a)(III), and (3)(a)(V) of this section.

(4) (a) The department of revenue shall, on a monthly basis, record revenues and deposit money to the account in a manner that is aligned with exempt revenues determined pursuant to subsection (4)(b) of this section.

(b) The department of revenue shall, on a monthly basis, report the amount of program revenue identified from tax returns to the office of state planning and budgeting and the legislative council staff. The office of state planning and budgeting shall calculate the amount of healthy school meals for all program revenue both projected to be received and actually received by the department of revenue based on income tax return data and other relevant factors. The office of state planning and budgeting shall also identify, in collaboration with the department of revenue, the revenue to be recorded and deposited on a monthly basis by the department of revenue in the account pursuant to subsection (4)(a) of this section, and the total revenue to be recorded and deposited by the department of revenue in the account for the fiscal year.

(c) The amount of healthy school meals for all program revenue identified by the office of state planning and budgeting for each fiscal year must include adjustments for estimation errors discovered for all prior fiscal years. The office shall notify the department of revenue and the legislative council staff of the general assembly of the adjustment amounts.

(d) On December 1, 2024, and every December 1 thereafter, the office of state planning and budgeting shall report the amount of healthy school meals for all program revenue received by the department of revenue in the previous tax year based on income tax return data and other relevant factors. The general assembly shall consider this report when estimating the amount of money to appropriate for the purposes specified in subsection (3) of this section in the next fiscal year.

(5) If the department determines that there is an insufficient amount of money in the account to provide for an expenditure authorized by the annual appropriation from the account for the purposes described in subsections (3)(a)(I) and (3)(a)(III) of this section, the department may make the expenditure from the general fund.

(6) In its annual submission of the state department's budget request to the joint budget committee, the office of state planning and budgeting shall report:

(a) The total amount of expenditures from the account made pursuant to subsection (3) of this section; and

(b) The total amount of expenditures from the general fund made pursuant to subsection (5) of this section.

(7) (a) Pursuant to section 24-75-201 (2)(c), any unrestricted balance remaining in the account at the end of any fiscal year shall not be designated as a part of the general fund surplus.

(b) Pursuant to section 24-75-201.1 (2)(e), appropriations for expenditures from the account shall be excluded from the basis for the calculation of the general fund reserve.

(8) On July 1, 2024, the state treasurer shall transfer the balance of the account to the healthy school meals for all program cash fund created in section 22-82.9-211.

(9) This section is repealed, effective July 1, 2025.
C.R.S. § 22-82.8-104 — CO Code / Title 22 / Article 82.8 / Section 22-82.8-104
22-82.8-104. Procedures - technical assistance
Status: in_force

22-82.8-104. Procedures - technical assistance. (1) (a) On or before May 1, 2014, the department shall develop and distribute procedures for the implementation and enforcement of this article. Such procedures must be in compliance with the school breakfast program and school lunch program.

(b) The department shall offer technical assistance to public schools and school districts related to submitting claims for reimbursement to the school breakfast program.

(2) The department shall develop procedures to allocate and disburse federal moneys to participating school food authorities and public schools in compliance with the requirements of the school breakfast program and school lunch program.

(3) Any federal or state moneys received by any school or school district as reimbursement for breakfasts served pursuant to this article must only be used for the food and operations associated with the school's or school district's food service program.
C.R.S. § 22-2-116.5 — CO Code / Title 22 / Article 2 / Part 1 / Section 22-2-116.5
22-2-116.5. Department of education - student-level course completion data
Status: in_force

22-2-116.5. Department of education - student-level course completion data. Beginning with the 2014-2015 school year, the department shall annually collect student-level course completion data, consistent with state and federal privacy laws, from each local education agency in the state. The department shall establish a definition of course completion that may be consistently understood and applied and that must be periodically revised as appropriate. In developing the definition, the department shall work with interested parties to consider issues, including but not limited to whether students should be included in the database if they have enrolled in a course after a specified date or dropped a course before a specified date and whether course completion must be determined based on the receipt of particular grades or other criteria.
C.R.S. § 22-38-108 — CO Code / Title 22 / Article 38 / Section 22-38-108
22-38-108. Pilot school contracts - renewal of application - grounds for nonrenewal or revo
Status: in_force

22-38-108. Pilot school contracts - renewal of application - grounds for nonrenewal or revocation. (1) A pilot school renewal application shall be submitted to the state board no later than six months before the expiration of the original contract and shall contain:

(a) A report on the progress of the pilot school in achieving the goals, objectives, student performance standards, content standards, and other terms of the initial approved pilot school application;

(b) A financial statement in a format determined by the state board that discloses the costs of administration, instruction, and other spending categories for the pilot school for each of the years of the contract. Such a statement shall be understandable to the general public and should allow comparison of such costs to other schools or other comparable organizations.

(c) A report on the population of the pilot school that discloses the following:

(I) The ethnic, racial, and gender composition of the school and the ages of the students who have attended the school since its inception;

(II) Disciplinary records of the students, including the dates, reasons, and background for each disciplinary incident;

(III) Records of student contacts with the juvenile or criminal justice systems;

(IV) Data on the dropout or graduation rates of the students;

(V) Information on the attendance of the students; and

(VI) Information on the success of the school in educating expelled students.

(2) A pilot school may be closed or a renewal application may be denied by the state board if the state board determines that the pilot school:

(a) Committed a material violation of any of the conditions, standards, or procedures set forth in the application;

(b) Failed to meet or make reasonable progress toward achievement of the content standards or pupil performance standards identified in the pilot application;

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

(d) Violated any provision of law from which the pilot school was not specifically exempted.

(3) A decision by the state board to close a pilot school or not to renew a pilot school application is subject to judicial review pursuant to the provisions of the "State Administrative Procedure Act".