C.R.S. § 22-23-105 — CO Code / Title 22 / Article 23 / Section 22-23-105
22-23-105. Regular school session requirements
Status: in_force

22-23-105. Regular school session requirements. (1) The following standards shall apply during the regular terms of school and shall be applicable equally in every school district:

(a) The residence of a migrant child, for purposes of education, shall be the school district where the migrant child is receiving shelter and the necessities of life, and the provisions of section 22-32-116 shall not apply to this section.

(b) A migrant child shall attend school while residing in any school district in the state when the regular terms of school are in session, unless excused in compliance with the provisions of the "School Attendance Law of 1963", article 33 of this title; and the board of education of a school district shall enforce the attendance in a school of the district of any such migrant child residing in said district.

(c) The payment of additional necessary costs in administering and maintaining the program authorized by this section shall be paid jointly by the state and the participating school district. The per capita additional cost of educating a migrant child in a school district participating in said program may include the following expenses, under rules and regulations prescribed by the state board:

(I) Salaries of personnel, assistants to teachers, and clerical, health, and custodial employees and specialized instructional services as needed;

(II) Necessary additional textbooks, educational supplies, and equipment;

(III) School lunch operation;

(IV) School bus transportation;

(V) Provision of and physical plant operation, including rent, heat, light, water, repairs, adjustments, and maintenance, if regular school facilities are not used; except that provision of and operation of the school plant shall be a contribution of the school district if regular school facilities are used.

(2) Upon submission and approval by the state board of itemized statements from the boards of education of the participating school districts for additional moneys to cover expenses incurred by them in conducting said programs, such school districts shall be reimbursed for such additional expenses as specified in subsection (1)(c) of this section. Applications by participating school districts for reimbursement shall be made on forms prescribed by the state board at such time or times during the year as determined by the state board.
C.R.S. § 22-11-702 — CO Code / Title 22 / Article 11 / Part 7 / Section 22-11-702
22-11-702. Definitions
Status: in_force

22-11-702. Definitions. As used in this part 7, unless the context otherwise requires:

(1) "Accountability system partner" means a public or private institution of higher education, or a private nonprofit entity, that works with local education providers to implement education policy initiatives and that has demonstrated effectiveness in providing support to local education providers that is relevant to the support the institution or entity provides in the partnership, which may include support in designing or evaluating measures of student success or system effectiveness.

(2) "Grant program" means the local accountability system grant program established in section 22-11-703.

(3) "Local accountability system" means a local accountability system established by a local education provider or group of local education providers to measure the performance of public schools and school districts in achieving student success and system effectiveness.

(4) "Local education provider" means a school district, a board of cooperative services that operates a school, a district charter school, or an institute charter school. If a group of local education providers works together to establish a local accountability system, the group is referred to as a "local education provider", but the requirements specified in this part 7 apply to each local education provider that participates in the group.
C.R.S. § 22-5-112 — CO Code / Title 22 / Article 5 / Section 22-5-112
22-5-112. Veto power and dissolution
Status: in_force

22-5-112. Veto power and dissolution. (1) A participating board may refrain from participating in a specific activity proposed by the board of cooperative services by giving due notice through a board resolution as may be provided in the bylaws of the board of cooperative services.

(2) A participating board may withdraw from a board of cooperative services after having given due notice as provided in the bylaws of the board of cooperative services and after having satisfactorily completed all specific contracts to which it has become a party, or upon otherwise being released from its commitments by the board of cooperative services.

(3) A board of cooperative services may be dissolved by its resolution upon the completion of all contracts or upon other adequate discharge of its obligations.
C.R.S. § 22-7-305 — CO Code / Title 22 / Article 7 / Part 3 / Section 22-7-305
22-7-305. Parent involvement in education grant program - creation - rules - fund - report
Status: in_force

22-7-305. Parent involvement in education grant program - creation - rules - fund - reports. (1) (a) There is hereby created in the department the parent involvement in education grant program to provide moneys to assist public schools in creating and implementing programs to support greater parent involvement in the schools. The council shall assist the department in implementing the parent involvement grant program as provided in this section and shall provide advice to recipient schools to assist them in creating and implementing programs to ensure that the programs reflect the best practices identified by the council pursuant to section 22-7-304.

(b) The school district of a public school, or a board of cooperative services or regional service council that operates a public school, that seeks a grant through the parent involvement grant program shall apply on behalf of the public school; except that, if the public school is a charter school, the public school may apply on its own behalf. To be eligible to receive a grant, a public school shall meet one or more of the following criteria:

(I) A significant percentage, as defined by rule of the state board, of the students enrolled in the public school for the three academic years immediately preceding application were:

(A) Eligible for free or reduced-cost lunch pursuant to the provisions of the federal "Richard B. Russell National School Lunch Act", 42 U.S.C. sec. 1751 et seq.; or

(B) English language learners, as defined in section 22-24-103 (4);

(II) The dropout rate for the public school for each of the three academic years immediately preceding application exceeded the state average dropout rate for each respective year by a percentage established by rule of the state board;

(III) For each of the three academic years immediately preceding application, the statewide assessment scores of students enrolled in the public school demonstrated that:

(A) A significant achievement or growth gap, as defined by rule of the state board, existed among identified groups of students; or

(B) The school was an academically underperforming school, as defined by rule of the state board.

(c) The programs that a recipient school may fund with grant moneys received through the parent involvement grant program shall include, but need not be limited to, programs to establish:

(I) Family-to-school liaison positions;

(II) Parent leadership training opportunities;

(III) Centers to provide parent education programs; and

(IV) School-based parent information resource centers.

(2) The state board shall promulgate rules pursuant to the "State Administrative Procedure Act", article 4 of title 24, C.R.S., as necessary for implementation of the parent involvement grant program, including but not limited to:

(a) Rules as specified in paragraph (b) of subsection (1) of this section and subsection (5) of this section;

(b) Rules establishing the time frames for submission and review of applications and selection of recipient schools;

(c) Rules specifying the information to be included in grant applications; and

(d) Rules identifying any criteria for selection of recipient schools in addition to the criteria specified in paragraph (b) of subsection (1) of this section.

(3) The council shall review the grant applications received pursuant to this section and shall recommend recipient schools and the grant amounts to the state board. Subject to available appropriations, the state board shall annually award grants through the parent involvement grant program, which grants shall be paid from the parent involvement grant program fund created in subsection (4) of this section.

(4) (a) There is hereby created in the state treasury the parent involvement grant program fund, referred to in this subsection (4) as the "fund", that shall consist of such moneys as may be credited to the fund pursuant to paragraph (b) of this subsection (4). The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs associated with the implementation of the parent involvement grant program. Any moneys in the fund not expended for the purpose of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund; except that any unexpended and unencumbered moneys remaining in the fund as of June 30, 2019, shall be transferred to the general fund.

(b) The council shall seek and may accept gifts, grants, and donations from private or public sources for the purposes of the parent involvement grant program; except that the council shall not accept a gift, grant, or donation if it is subject to conditions that are inconsistent with this part 3 or any other law of the state. The council shall transmit all private and public moneys received through gifts, grants, or donations to the state treasurer, who shall credit the same to the fund.

(c) Notwithstanding any provision of this section to the contrary, the state board and the department shall not implement the parent involvement grant program until such time as there is at least twenty thousand dollars credited to the fund.

(d) In any fiscal year in which there is at least twenty thousand dollars credited to the fund, the department may use up to one percent of the moneys credited to the fund to offset the costs incurred in implementing the parent involvement grant program.

(5) (a) Beginning in the budget year following the first budget year in which the state board awards grants pursuant to this section, each recipient school shall annually submit to the council and the department, in accordance with timelines specified by rule of the state board, a report summarizing the amount of moneys received in the preceding fiscal year from the parent involvement grant program, the manner in which the moneys were used, and the results achieved through the use of the moneys. The report shall include such additional information as may be required by rule of the state board.

(b) On or before March 15 of the first year in which the council receives reports pursuant to paragraph (a) of this subsection (5), and on or before March 15 each year thereafter, the council shall summarize the reports received pursuant to paragraph (a) of this subsection (5) and submit the summary, with any additional pertinent information, to the state board and the education committees of the house of representatives and the senate, or any successor committees.
C.R.S. § 22-30.5-109 — CO Code / Title 22 / Article 30.5 / Part 1 / Section 22-30.5-109
22-30.5-109. Charter schools - reporting - publicizing - limits on enrollment - moratorium pr
Status: in_force

22-30.5-109. Charter schools - reporting - publicizing - limits on enrollment - moratorium prohibited. (1) Each local board of education that approves a charter application and enters into a charter contract with a charter school shall annually report to the department information that the department requests to evaluate the effectiveness of charter schools. The local boards of education shall provide the information on forms provided by the department. The state board shall adopt rules establishing the time lines and procedures for reporting the information required in this subsection (1).

(2) (Deleted by amendment, L. 2004, p. 1580, § 8, effective June 3, 2004.)

(3) It is the intent of the general assembly that greater consideration be given to charter school applications designed to increase the educational opportunities of at-risk pupils, as defined in section 22-30.5-103.

(4) If otherwise qualified, nothing in this part 1 shall be construed to prohibit any institution certified on or before April 1, 1993, as an educational clinic pursuant to former article 27 of this title as it existed prior to August 7, 2006, from applying to become a charter school pursuant to this part 1.

(5) Nothing in this part 1 shall be construed to prevent a school in a school district which is comprised of only one school from applying to become a charter school pursuant to this part 1.

(6) A school district shall not discriminate against a charter school in publicizing the educational options available to students residing within the district through advertising, direct mail, availability of mailing lists, or other informational activities, provided that the charter school pays for its share of such publicity at cost.

(7) A chartering authority may not restrict the number of pupils a charter school may enroll; except that a charter school and its chartering authority may negotiate and agree to limitations on the number of students the charter school may enroll as necessary to:

(a) Facilitate the academic success of students enrolled in the charter school;

(b) Facilitate the charter school's ability to achieve the other objectives specified in the charter contract; or

(c) Ensure that the charter school's student enrollment does not exceed the capacity of the charter school facility or site.

(8) The local board of education of a school district shall not impose a moratorium on the approval of charter applications for charter schools within the school district.
C.R.S. § 22-30.5-104.5 — CO Code / Title 22 / Article 30.5 / Part 1 / Section 22-30.5-104.5
22-30.5-104.5. Charter school and charter authorizer standards review committee - creation - du
Status: repealed

22-30.5-104.5. Charter school and charter authorizer standards review committee - creation - duties - repeal. (Repealed)
C.R.S. § 22-1-105 — CO Code / Title 22 / Article 1 / Section 22-1-105
22-1-105. Commissioner of education to provide course
Status: repealed

22-1-105. Commissioner of education to provide course. (Repealed)
C.R.S. § 22-38-115 — CO Code / Title 22 / Article 38 / Section 22-38-115
22-38-115. Funding
Status: in_force

22-38-115. Funding. (1) The department of education and the department of human services may pursue additional sources of funding for the financing of pilot schools, including but not limited to grants, donations, and contributions from public or private sources and any funds available pursuant to article 20 of this title.

(2) A pilot school may have access to any public or private funding sources available for vocational training, including any funds available pursuant to part 1 of article 8 of title 23.

(3) A pilot school may apply for a grant from the expelled student services grant program as provided in section 22-33-205 to use in providing educational services to expelled students under agreements entered into pursuant to section 22-33-203 (2).
C.R.S. § 22-20-204.5 — CO Code / Title 22 / Article 20 / Part 2 / Section 22-20-204.5
22-20-204.5. Highly advanced gifted children - identification - rules - legislative declarati
Status: in_force

22-20-204.5. Highly advanced gifted children - identification - rules - legislative declaration. (1) (a) In adopting and implementing a program plan to identify and serve gifted children pursuant to section 22-20-204, each administrative unit may include in its program plan provisions to identify and serve highly advanced gifted children who are:

(I) Four years of age and for whom early access to kindergarten is deemed appropriate by the administrative unit; and

(II) Five years of age and for whom early access to first grade is deemed appropriate by the administrative unit.

(b) In making determinations pursuant to paragraph (a) of this subsection (1), an administrative unit shall apply the criteria and process established by rules promulgated by the state board pursuant to subsection (4) of this section.

(2) If an administrative unit includes in its program plan provisions to identify and serve highly advanced gifted children as described in subsection (1) of this section, the administrative unit must make available to a person upon request the administrative unit's criteria and process for identifying a highly advanced gifted child for whom early access to kindergarten or first grade is deemed appropriate. At a minimum, the administrative unit must provide the time frames, deadlines, and any specific tests and threshold scores that the administrative unit uses to identify and make a final determination concerning a highly advanced gifted child.

(3) If an administrative unit includes in its program plan provisions to identify and serve highly advanced gifted children as described in subsection (1) of this section, the administrative unit may charge a fee for any assessments or other procedures that the administrative unit performs to identify a highly advanced gifted child for whom early access to kindergarten or first grade is deemed appropriate; except that an administrative unit shall not charge a fee for any assessments or other procedures if the child who is the subject of the assessments or other procedures is eligible for a free or reduced-price meal pursuant to the federal "Richard B. Russell National School Lunch Act", 42 U.S.C. sec. 1751 et seq.

(4) (a) The state board shall promulgate rules to establish criteria and a process that an administrative unit must use, pursuant to subsection (1) of this section, to make determinations regarding the advanced placement of highly advanced gifted children.

(b) At a minimum, the criteria established by rules must include consideration of a child's:

(I) Aptitude;

(II) Achievement;

(III) Performance;

(IV) Readiness for advanced placement;

(V) Observable social behavior;

(VI) Motivation to learn; and

(VII) Support from parents, teachers, and school administrators.

(c) The process established by rules must include:

(I) A timeline according to which a child's parents may apply for advanced placement for the child;

(II) A description of the administrative unit personnel who are involved in the process of identifying highly advanced gifted children for whom advanced placement is appropriate;

(III) A description of how the administrative unit personnel must evaluate each child for whom the child's parents are seeking advanced placement;

(IV) A description of the entire body of evidence that the administrative unit personnel must use to evaluate each child for whom the child's parents are seeking advanced placement;

(V) A description of how administrative unit personnel must collaboratively make decisions concerning the advanced placement of highly advanced gifted children; and

(VI) A description of how an administrative unit must monitor the performance of a child who has received an advanced placement pursuant to this section.

(5) The general assembly hereby finds and declares that, for purposes of section 17 of article IX of the state constitution, provisions to identify and serve highly advanced gifted children who are four years of age and for whom early access to kindergarten is deemed appropriate by an administrative unit or who are five years of age and for whom early access to first grade is deemed appropriate by an administrative unit are important elements of accountable education reform and expanding the availability of preschool and kindergarten programs and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
C.R.S. § 22-2-131 — CO Code / Title 22 / Article 2 / Part 1 / Section 22-2-131
22-2-131. Data technology system - comprehensive review - requirements - report - repeal
Status: repealed

22-2-131. Data technology system - comprehensive review - requirements - report - repeal. (Repealed)
C.R.S. § 22-11-104 — CO Code / Title 22 / Article 11 / Part 1 / Section 22-11-104
22-11-104. Rules - college and career readiness achievement standards
Status: in_force

22-11-104. Rules - college and career readiness achievement standards. (1) The state board shall promulgate rules pursuant to the "State Administrative Procedure Act", article 4 of title 24, as required in this article 11 and may promulgate such additional rules as it finds necessary for the implementation of this article 11, including, but not limited to, rules establishing a numbering system to uniquely identify individual students, including students enrolled prior to July 1, 2023, in the Colorado preschool program created pursuant to section 22-28-104, as it exists prior to July 1, 2023.

(2) (a) For each of the demonstration options by which a high school student may demonstrate college and career readiness, as recommended by the state board in the high school graduation guidelines adopted pursuant to section 22-2-106 (1)(a.5), the state board shall adopt achievement standards that indicate that a student has demonstrated a level of college and career readiness sufficient for high school graduation and higher achievement standards that indicate that a student is prepared, without needing remediation, to enroll in general education core courses. At a minimum, the higher achievement standards must include:

(I) Specified, higher scores on the assessments included in the demonstration options, which scores indicate a student is prepared to enroll in general education core courses without need for remediation; and

(II) Receipt of college course credits for concurrent enrollment in career and technical education courses or general education core courses or higher-level courses.

(b) Subsection (2)(a) of this section does not affect the authority of the Colorado commission on higher education and governing boards of the institutions of higher education to establish and implement the academic admission standards for students for all state-supported institutions of higher education and the policies and procedures for determining a student's need for additional supports to be successful in gateway courses in English and mathematics as provided in section 23-1-113.
C.R.S. § 22-7-610 — CO Code / Title 22 / Article 7 / Part 6 / Section 22-7-610
22-7-610. High-rated or improved school
Status: repealed

22-7-610. High-rated or improved school. (Repealed)
C.R.S. § 22-31-110 — CO Code / Title 22 / Article 31 / Section 22-31-110
22-31-110. Changes in director districts
Status: in_force

22-31-110. Changes in director districts. (1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), not later than December 31, 1972, and not later than December 31 of every fourth year thereafter, the board of education of each school district having a director district plan of representation or a combined director district and at-large plan of representation shall determine the population in each of the director districts and, if each director district does not contain substantially the same number of persons as each of the other director districts, it shall be the duty of the board, by resolution, to revise the director district boundaries and redesignate the director districts to comply with the specifications prescribed in section 22-31-109 without changing the number of director districts.

(b) (I) The provisions of this section shall not apply to any school district coterminous with a city and county. The director districts for any such school district shall be established as provided in section 22-31-131.

(II) Notwithstanding the other provisions of this section, for school districts in which members of the board of education are voted on by eligible electors of a director district, not later than March 1 of the year following the year in which the election is conducted pursuant to section 22-31-105 (6.5), not later than March 1, 2012, and not later than March 1 every tenth year thereafter, the board of education of each such school district shall determine the population in each of the director districts and, if each director district does not contain substantially the same number of persons as each of the other director districts, it shall be the duty of the board, by resolution, to revise the director district boundaries and redesignate the director districts to comply with the specifications prescribed in section 22-31-109 (2) without changing the number of director districts.

(2) The revision of director district boundaries and redesignation of the director districts shall become effective immediately upon adoption of the resolution by the board of education, but the revision and redesignation shall not operate to terminate the office of any school director holding office at the time of adoption of the resolution. The revision and redesignation shall be, thereafter, effective for filling of vacancies and the election of any school directors at any subsequent regular biennial school election. In the event that, as a result of a revision and redesignation, two or more members of the board of education reside in the same new director district, and the office of any one of the members thereafter becomes vacant, the vacancy shall be filled by the appointment of an eligible elector residing in a director district which does not then have a representative on the board of education.

(3) If the board of education has not revised the director district boundaries and redesignated the director districts as required by subsection (1) of this section, any eligible elector of the district may file, not later than January 15 next following the December 31 by which such revision and redesignation was to be accomplished, an action in the district court of the judicial district in which the principal administrative headquarters of the school district are located to require the board of education to revise the director district boundaries and redesignate the director districts no later than February 28 next following.

(4) Director district boundaries shall not be subject to alteration more often than twice every four years.
C.R.S. § 22-2-117 — CO Code / Title 22 / Article 2 / Part 1 / Section 22-2-117
22-2-117. Additional power - state board - waiver of requirements - rules
Status: in_force

22-2-117. Additional power - state board - waiver of requirements - rules. (1) (a) Upon application of the board of education of any school district, the state board, except as prohibited in paragraph (b) of this subsection (1), may waive any of the requirements imposed by this title or by rule promulgated by the state board. The state board shall grant the waiver if it determines that it would enhance educational opportunity and quality within the school district and that the costs to the school district of complying with the requirements for which the waiver is requested significantly limit educational opportunity within the school district. Any school district board of education that applies for a waiver pursuant to this section shall specify in such application the manner in which it shall comply with the intent of the waived rules or statutes and shall be accountable to the state board for such compliance.

(b) The state board shall not waive any of the requirements specified in any of the following statutory provisions:

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

(II) The "Exceptional Children's Educational Act", article 20 of this title;

(III) Any provision of part 5 of article 11 of this title pertaining to the data necessary for performance reports;

(IV) Any provision of this title 22 that relates to fingerprinting and criminal history record checks of educators and school personnel;

(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 school district employees;

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

(IX) Any provisions of section 22-1-128 relating to comprehensive human sexuality education content requirements;

(X) Any provision of section 22-30.5-104 (3), 22-30.5-507 (3), 22-32-109 (1)(ll), 22-32-110 (1)(k), 22-38-104 (1)(d), or 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;

(XI) 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

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

(c) A principal of a public school may initiate a request for a waiver pursuant to this section and shall submit such request to the superintendent and the board of education of the school district in which the public school is located. Such waiver, if granted, shall be limited in application to the public school, unless otherwise designated by the school district. The school district may choose either to adopt such request and apply to the state board for a waiver pursuant to this section or not adopt such request.

(d) In addition to any requirements for a waiver application that are specified in this subsection (1), any application submitted by a school district that has a funded pupil count, as determined pursuant to article 54 of this title 22, of three thousand or more pupils shall demonstrate that the application has the consent of a majority of the appropriate accountability committee, a majority of the affected licensed administrators, and a majority of the teachers of the affected school or district.

(1.5) Notwithstanding any provision of this section or any other provision of law, the state board shall not waive requirements contained in article 11 of this title or sections 22-7-1006.3, 22-32-105, 22-32-109 (1)(bb)(I) and (2), 22-32-109.1 (2)(a), 22-32-146, and 22-33-104 (4).

(2) Prior to submitting an application for a waiver as provided in subsection (1) of this section, a school district board of education, in a public meeting including a public hearing, shall adopt a resolution stating the board's intent to apply for a waiver and specifying the statutes and rules for which the board will request waivers. The school district board of education shall post notice of such public meeting in three public places within the district for a period of not less than thirty calendar days prior to such meeting, giving the time and location of such meeting and a description of the waiver request, and, if a newspaper is published within the county, shall publish such notice once each week for at least four weeks prior to the meeting in such newspaper. At least sixty days prior to such public meeting and hearing, the school district board of education shall meet with the school district accountability committee to consult with the committee concerning the intent to seek the waiver.

(3) (a) Any waiver made pursuant to the provisions of this section shall continue until such time as:

(I) The school district board of education that holds the waiver by resolution requests revocation of the waiver; or

(II) The state board receives evidence that constitutes good and just cause for revocation of the waiver, as determined by the state board.

(b) The state board may revoke a waiver granted pursuant to this section only by action taken in a public meeting and hearing.

(4) The provisions of this section shall not apply to any waiver requested by a charter school pursuant to sections 22-30.5-104 (6) and 22-30.5-105 (3). Waiver requests by a charter school shall be governed by the provisions of said sections.

(5) The state board shall promulgate such rules as are necessary to implement the provisions of this section regarding the waiver application process.

(6) Notwithstanding any provision of this section to the contrary, a school district that has been granted by the state board exclusive authority to charter schools within its geographic boundaries pursuant to section 22-30.5-504 shall not be required to demonstrate that it has obtained the consent of a majority of the appropriate accountability committee, a majority of the affected licensed administrators, and a majority of the teachers of the affected school or district in order to apply for a waiver of any of the requirements imposed by this title or by rule promulgated by the state board; except that such consent shall be required for an application for a waiver from any provisions of article 9 or articles 60.5 to 64 of this title.
C.R.S. § 22-30.7-101 — CO Code / Title 22 / Article 30.7 / Section 22-30.7-101
22-30.7-101. Legislative declaration
Status: in_force

22-30.7-101. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) Online education represents a twenty-first century approach to teaching and learning that is appropriate for today's students;

(b) Technological advances, particularly in the development and dissemination of resources through the internet, can provide alternatives for the provision of educational services that can be customized to serve the diverse needs of today's student population;

(c) Technology and online education, including both full-time and supplemental programs, are important tools to enhance educational opportunities and improve educational outcomes;

(d) The growth of online education is challenging existing educational policy, administration, and oversight;

(e) Online programs and online schools must be accountable to students and parents and to the institutions that accredit online programs and online schools;

(f) The state has a role in ensuring quality oversight of online programs and online schools, but the state should not replace a school district or an authorizing entity in directly administering online programs and online schools;

(g) Local control of schools is a fundamental Colorado value;

(h) It is the role of families and students to choose their schools and models of education; and

(i) A student's access to educational opportunities should not be limited by where the student lives or by the financial, social, or other resources that are available or unavailable to the student.

(2) The general assembly further finds that:

(a) In response to a report of the state auditor released December 11, 2006, concerning a performance audit of online education in Colorado, the Donell-Kay foundation created the Trujillo commission consisting of a small group of online education stakeholders and professionals;

(b) The Trujillo commission held public meetings and solicited input from online education professionals and participants throughout the state concerning recommendations for the oversight and operation of online education in Colorado, and, based on the information and ideas collected, produced a final report released February 15, 2007.

(3) The general assembly finds, therefore, that the state should:

(a) Avail itself of enhanced technological services, which are available as a result of technological advances, to serve the educational needs of the citizens of the state more appropriately; and

(b) Take immediate action to ensure quality and accountability in the online educational programs offered within the state.
C.R.S. § 22-30.5-524 — CO Code / Title 22 / Article 30.5 / Part 5 / Section 22-30.5-524
22-30.5-524. Institute charter schools - children's nutrition - no trans fats in school foods
Status: in_force

22-30.5-524. Institute charter schools - children's nutrition - no trans fats in school foods - definitions - rules. (1) As used in this section, unless the context otherwise requires:

(a) "Extended school day" means the school day, plus any additional time that a student spends on school grounds before or after the school day for the purpose of participating in a school-sanctioned extracurricular activity or child care program.

(b) "Industrially produced trans fat" means vegetable shortening, margarine, or any type of partially hydrogenated vegetable oil that contains more than zero grams of trans fat per serving.

(c) "School day" has the same meaning as set forth in section 22-32-136.

(2) On and after September 1, 2013, neither the state charter school institute nor any institute charter school shall:

(a) Make available to a student any food that contains any amount of industrially produced trans fat; or

(b) Use a food that contains any amount of industrially produced trans fat in the preparation of a food item that is intended for consumption by a student.

(3) The prohibition described in subsection (2) of this section applies to all food and beverages made available to a student on school grounds during each school day and extended school day, including but not limited to any food or beverage item made available to a student in a school cafeteria, school store, vending machine, or other food service entity existing upon school grounds.

(4) The prohibition described in subsection (2) of this section does not apply to:

(a) Any food or beverage that is made available to a student as part of a meal program of the United States department of agriculture;

(b) Any food or beverage that is made available to a student as part of a fundraising effort conducted by one or more students, teachers, or parents; or

(c) Any food or beverage that is donated to the school to be given to a student for consumption off of school premises and not during the school day.

(5) The state charter school institute may promulgate such rules as are necessary for the administration of this section.
C.R.S. § 22-2-110 — CO Code / Title 22 / Article 2 / Part 1 / Section 22-2-110
22-2-110. Commissioner of education - oath - qualifications - tenure
Status: in_force

22-2-110. Commissioner of education - oath - qualifications - tenure. (1) The commissioner of education shall be the chief state school officer and executive officer of the department of education. He or she shall possess the professional qualifications described in subsection (4) of this section and such additional professional qualifications as may be deemed appropriate for the office by the state board.

(2) The state board shall appoint the commissioner who shall serve at the pleasure of the board, and receive such compensation as may be determined by the board. The commissioner is a type 2 entity, as defined in section 24-1-105.

(3) Before entering upon his or her duties, the commissioner shall subscribe to an oath of office, which oath shall be filed with the secretary of state.

(4) The person appointed to the office of commissioner of education by the state board pursuant to subsection (2) of this section shall, at a minimum, satisfy the following professional qualifications:

(a) The person shall have demonstrated personal and professional leadership success, preferably in the administration of public education; and

(b) The person shall possess an earned advanced degree, preferably in education or educational administration awarded from a regionally or nationally accredited college or university.

(5) Notwithstanding section 24-1-136 (11)(a)(I), the state board shall annually review and evaluate the job performance of the commissioner, as provided in section 22-2-106 (1)(b.5), and report the results of its evaluation to the public and the education committees of the house of representatives and senate, or any successor committees.
C.R.S. § 22-33-203 — CO Code / Title 22 / Article 33 / Part 2 / Section 22-33-203
22-33-203. Educational alternatives for expelled students
Status: in_force

22-33-203. Educational alternatives for expelled students. (1) Upon expelling a student, the school district shall provide information to the student's parent or guardian concerning the educational alternatives available to the student during the period of expulsion. If the parent or guardian chooses to provide a home-based educational program for the student, the school district shall assist the parent in obtaining appropriate curricula for the student if requested by the parent or guardian.

(2) (a) Except as otherwise provided in subsection (2)(b) of this section, upon request of a student or the student's parent or guardian, the school district shall provide, for any student who is expelled from the school district, any educational services that are deemed appropriate for the student by the school district. The educational services provided must be designed to enable the student to return to the school in which he or she was enrolled prior to expulsion, to successfully complete the high school equivalency examination, or to enroll in a nonpublic school or in an alternative school, including but not limited to a charter school. The expelling school district shall determine the amount of credit the student must receive toward graduation for the educational services provided pursuant to this section.

(b) The educational services provided pursuant to this section are designed to provide a second chance for the student to succeed in achieving an education. While receiving educational services, a student may be suspended or expelled pursuant to the conduct and discipline code of the school district providing the educational services and the provisions of part 1 of this article 33. Except as required by federal law, the expelling school district is not required to provide educational services to any student who is suspended or expelled while receiving educational services pursuant to this section until the period of the suspension or expulsion is completed.

(c) (I) Educational services provided pursuant to this section shall be provided by the expelling school district; except that the expelling school district may provide educational services either directly or pursuant to an agreement with one or more other school districts, boards of cooperative services, charter schools, or nonpublic schools. Any program of educational services provided by a nonpublic school is subject to approval by the state board of education pursuant to section 22-2-107.

(II) Educational services may be provided by the school district through agreements entered into pursuant to section 22-33-204. The expelling school district need not provide the educational services on school district property. Any expelled student receiving educational services shall be included in the expelling school district's pupil enrollment as defined in section 22-54-103 (10).

(d) If an expelled student is receiving educational services delivered by a school district other than the expelling school district, by a charter school in a school district other than the expelling school district, by a board of cooperative services, or by a nonpublic school, pursuant to an agreement entered into pursuant to subsection (2)(c)(I) of this section, the expelling school district shall transfer ninety-five percent of the district per-pupil revenues, as defined in section 22-30.5-112 (2)(a.5)(II) to the school district, charter school, nonpublic school, or board of cooperative services that is providing educational services, reduced in proportion to the amount of time remaining in the school year at the time the student begins receiving educational services.

(e) Any school district, charter school, nonpublic school, or board of cooperative services that is providing educational services to expelled students pursuant to this subsection (2) may apply for money through the expelled student services grant program established in section 22-33-205 to assist in providing educational services.

(3) If a student is expelled and the student is not receiving educational services pursuant to this section, the school district shall contact the expelled student's parent or guardian at least once every sixty days until the beginning of the next school year to determine whether the student is receiving educational services from some other source; except that the school district need not contact a student's parent or guardian after the student is enrolled in another school district or in an independent or parochial school or if the student is committed to the department of human services or is sentenced pursuant to article 2.5 of title 19.

(4) In addition to the educational services required under this section, a student who is at risk of dropping out of school due to chronic absenteeism or disciplinary actions or has been suspended or expelled, or the student's parent or guardian, may request any of the services provided by the school district through an agreement entered into pursuant to section 22-33-204, and the school district may provide such services.
C.R.S. § 22-44-114 — CO Code / Title 22 / Article 44 / Part 1 / Section 22-44-114
22-44-114. Record of expenditures
Status: in_force

22-44-114. Record of expenditures. Each board of education shall maintain a complete set of books of account as required by law.
C.R.S. § 22-104-105 — CO Code / Title 22 / Article 104 / Section 22-104-105
22-104-105. Reporting requirements
Status: in_force

22-104-105. Reporting requirements. (1) On or before reporting deadlines established by the department, in each year in which a local education provider or group of providers receives a grant pursuant to the program, the provider or providers shall submit a report to the department that includes the information required by the department. At a minimum, the report must include the following information:

(a) The number of students who participated in the high-impact tutoring program and nonidentifying information, including demographic information, relating to those students;

(b) Any adjustments made to the local education provider's program plan and the reason adjustments were made;

(c) How the local education provider maintained consistent access for participating students to non-core-academic instruction;

(d) How program grants were used by the local education provider and a summary of other resources used, if any, to provide high-impact tutoring beyond the resources provided through the program;

(e) The academic achievement results or other criteria used to place students in the high-impact tutoring program;

(f) The impact or student outcomes associated with the local education provider's high-impact tutoring program; and

(g) Whether the local education provider's high-impact tutoring program will continue in the following fiscal year and, if not, the reason the tutoring program will not continue.

(2) On or before November 1, 2022, and on or before November 1 each year thereafter that a high-impact tutoring program is implemented pursuant to this article 104, the department shall submit a summarized report to the education committees of the house of representatives and the senate, or any successor committees, concerning the program, including, at a minimum, the grants awarded, the participating local education providers, the duration of the program, and a summary of the information provided pursuant to subsection (1) of this section concerning the high-impact tutoring programs implemented by the local education providers and of available student outcomes.

(3) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirements set forth in this section continue indefinitely.
C.R.S. § 22-32-109.9 — CO Code / Title 22 / Article 32 / Section 22-32-109.9
22-32-109.9. Licensed personnel - submittal of fingerprints
Status: in_force

22-32-109.9. Licensed personnel - submittal of fingerprints. (1) (a) When any school district finds good cause to believe that any licensed personnel employed by such school district has been convicted of any felony or misdemeanor, other than a misdemeanor traffic offense or traffic infraction, subsequent to such employment, such school district shall require such person to submit a complete set of his or her fingerprints taken by a qualified law enforcement agency, an authorized employee of the school district or board of cooperative services, or any third party approved by the Colorado bureau of investigation. At the request of a school district, a law enforcement agency that has fingerprinting equipment that meets the federal bureau of investigation image quality standards shall take the fingerprints of an employee pursuant to this section if an approved third-party vendor is not operating within twenty miles of the school district within the law enforcement agency's jurisdiction. A school district employee or board of cooperative services employee may use any fingerprinting equipment that meets the federal bureau of investigation image quality standards. If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the applicant information for more than thirty days unless requested to do so by the applicant. The fingerprints must be submitted within twenty days of receipt of written notification from the school district.

(b) For purposes of this subsection (1), a person is deemed to be convicted of committing a felony or misdemeanor if such person has been convicted under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States of an unlawful act which, if committed within this state, would be a felony or misdemeanor.

(c) For purposes of this subsection (1), "convicted" means a conviction by a jury or by a court and shall also include the forfeiture of any bail, bond, or other security deposited to secure appearance by a person charged with a felony or misdemeanor, the payment of a fine, a plea of nolo contendere, and the imposition of a deferred or suspended sentence by the court.

(2) (a) Any school district to which fingerprints are submitted pursuant to subsection (1) of this section shall forward such fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing the records of the Colorado bureau of investigation and the federal bureau of investigation.

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

(3) All costs arising from the taking of fingerprints and from any fingerprint processing performed by the Colorado bureau of investigation pursuant to subsection (1) of this section and costs arising from the performance of a name-based judicial record check must be borne by school districts. School districts shall not charge licensed personnel any fees for the direct and indirect costs of the school district for fingerprint processing or criminal history record checks performed pursuant to subsection (1) of this section.
C.R.S. § 22-32-110.6 — CO Code / Title 22 / Article 32 / Section 22-32-110.6
22-32-110.6. Board of education - specific powers - "No Child Left Behind Act of 2001"
Status: in_force

22-32-110.6. Board of education - specific powers - "No Child Left Behind Act of 2001". (1) Effective July 1, 2005, a school district board of education may adopt a resolution stating its intent to decline one or more of the federal funding sources of the "Elementary and Secondary Education Act of 1965", as reauthorized and amended in the "No Child Left Behind Act of 2001", 20 U.S.C. sec. 6301 et seq., and thereby be exempt from the requirements of said federal act that accompany the declined funding sources and are identified by said federal act as available for exemption. The resolution shall remain in place until rescinded by the school district board of education.

(2) If a school district chooses to adopt a resolution to decline federal funding sources as provided in this section, the school district's action in declining federal funds and thereby being exempt from specified federal requirements shall not affect the school district's accreditation category, and the department of education and the state board of education shall not impose any form of sanction on the school district for its action in declining federal funds and in not complying with the federal requirements from which it is exempt.
C.R.S. § 22-87-101 — CO Code / Title 22 / Article 87 / Section 22-87-101
22-87-101. Short title
Status: in_force

22-87-101. Short title. This article shall be known and may be cited as the "Children's Internet Protection Act".
C.R.S. § 22-30-106 — CO Code / Title 22 / Article 30 / Part 1 / Section 22-30-106
22-30-106. School organization planning committee
Status: in_force

22-30-106. School organization planning committee. (1) Upon determination that one or more of the conditions described in section 22-30-105 exist, the commissioner shall notify the boards of education and committees responsible for appointing members of a school organization planning committee as stated in this section and call for the appointment of such a committee. Such a committee shall be appointed and hold its first meeting within thirty days of notification by the commissioner.

(2) The committee shall consist of the following appointed members:

(a) (I) If multiple school districts are involved in the study, two members appointed by the board of education in each school district affected by the study and one member appointed by the school district accountability committee of each school district affected by the study. Such member shall be a parent of a child attending a public school in the affected area; except that, if there are no public schools in the affected area, the member shall reside in the affected area and be a parent of a child attending a public school in one of the affected school districts. If no such parent resides in the affected area, the member shall be a person owning land located in the affected area.

(II) If a single school district is involved in the study, four members appointed by the school district board of education and three members appointed by the school district accountability committee. The members appointed by the school district accountability committee shall be parents of children attending public school in the affected area and members of school accountability committees; except that, if there are no public schools in the affected area, three of the members shall reside in the affected area and shall be parents of children attending public schools in the affected school district. If fewer than three such parents reside in the affected area, the remaining members shall be persons owning land located in the affected area.

(b) If the school organization planning process was activated by a petition, two additional members appointed by the petition committee.

(3) Notwithstanding the provisions of subsections (1) and (2) of this section, where the reorganization of a school district arises from the detachment and annexation of a portion of a school district, which portion has five or fewer eligible electors, the school district boards of education of the affected school districts shall serve as the committee.
C.R.S. § 22-44-203 — CO Code / Title 22 / Article 44 / Part 2 / Section 22-44-203
22-44-203. Adoption and compatibility of handbook
Status: repealed

22-44-203. Adoption and compatibility of handbook. (1) The state board of education shall have the authority to adopt a financial policies and procedures handbook that will meet the needs of the existing statutes and of such other rules and regulations as may be necessary to fulfill the intent of this part 2.

(2) Repealed.
C.R.S. § 22-87-105 — CO Code / Title 22 / Article 87 / Section 22-87-105
22-87-105. Temporary disabling of technology protection measure
Status: repealed

22-87-105. Temporary disabling of technology protection measure. (Repealed)
C.R.S. § 22-30.5-117 — CO Code / Title 22 / Article 30.5 / Part 1 / Section 22-30.5-117
22-30.5-117. Developmental education placement or assessment tests - intervention plans
Status: in_force

22-30.5-117. Developmental education placement or assessment tests - intervention plans. (1) Each charter school that includes any of grades nine through twelve may administer to students enrolled in those grades the developmental education placement or assessment tests that are administered to matriculated first-time freshman students pursuant to section 23-1-113. The charter school may administer the tests to a student at any time and as often as it deems necessary while the student is enrolled in any of grades nine through twelve, but the department of education shall allocate money to each charter school to offset the costs incurred in administering each of the test units only once per student while he or she is enrolled in those grades.

(2) If a charter school chooses to administer the developmental education placement or assessment tests, each student's individual career and academic plan must include the scores achieved by the student on the developmental education placement or assessment tests and, based on an analysis of the scores, the student's level of postsecondary and workforce readiness at the time he or she takes the tests. If a student's scores indicate that he or she is at risk of being unable to demonstrate postsecondary and workforce readiness prior to or upon graduating from high school, school personnel shall work with the student and the student's parent or legal guardian to create an intervention plan that identifies the necessary courses and education support services the student requires to be able to achieve postsecondary and workforce readiness prior to or upon graduating from high school and to be prepared to continue into the postsecondary education option, if any, selected by the student in his or her individual career and academic plan without need for developmental educational services. If appropriate, the charter school, the student, and the student's parent or legal guardian may choose to enroll the student in gateway courses in English or mathematics, as defined in section 23-1-113 (11)(b.5), with additional supports through supplemental academic instruction, as defined in section 23-1-113 (11)(e), at an institution of higher education, through the "Concurrent Enrollment Programs Act", article 35 of this title 22.
C.R.S. § 22-54-108.7 — CO Code / Title 22 / Article 54 / Section 22-54-108.7
22-54-108.7. Authorization of additional local revenues for cash funding of capital construct
Status: in_force

22-54-108.7. Authorization of additional local revenues for cash funding of capital construction, new technology, existing technology upgrade, and maintenance needs - definition. (1) (a) Notwithstanding any law to the contrary, any district that chooses to raise and expend local property tax revenue in excess of the district's total program, and in addition to any revenue generated by property tax levied pursuant to sections 22-54-106, 22-54-107, 22-54-107.5, 22-54-108, and 22-54-108.5, may submit the question of whether the district should be authorized to raise and expend additional local property tax revenue, thereby authorizing an additional levy in excess of the levy authorized under sections 22-54-106, 22-54-107, and 22-54-108, to provide ongoing cash funding for the capital construction, new technology, existing technology upgrade, and maintenance needs of the district. A question authorized by this subsection (1)(a) must be submitted at an election held in accordance with section 20 of article X of the state constitution and title 1.

(b) If a majority of the votes cast in an election held pursuant to paragraph (a) of this subsection (1) are in favor of the question, the district shall levy an additional mill levy each year and shall deposit the revenue received from the additional mill levy into the supplemental capital construction, technology, and maintenance fund of the district created in section 22-45-103 (1)(j).

(2) For purposes of this section, "capital construction" has the same meaning as set forth in section 24-30-1301 (2), C.R.S.
C.R.S. § 22-1-135.5 — CO Code / Title 22 / Article 1 / Section 22-1-135.5
22-1-135.5. Nondisclosure agreements - protection of school district, board of cooperative s
Status: in_force

22-1-135.5. Nondisclosure agreements - protection of school district, board of cooperative services, and public school employees - definitions. (1) (a) No school district, board of cooperative services, public school, or any department, institution, or agency of a school district, board of cooperative services, or public school shall make it a condition of employment that an employee executes a contract or other form of agreement that prohibits, prevents, or otherwise restricts the employee from disclosing factual circumstances concerning the employee's employment with the school district, board of cooperative services, or public school or any of its departments, institutions, or agencies unless the prohibition or restriction in the contract or agreement is necessary to prevent disclosure of:

(I) The employee's identity, facts that might lead to the discovery of the employee's identity, or factual circumstances relating to the employment that reasonably implicate legitimate privacy interests of the employee who is a party to the agreement if the employee elects in the employee's sole discretion to restrict disclosure of the employee's identity or such facts and circumstances;

(II) Data; information, including personal identifying information, as defined in section 24-74-102 (1); or matters that are required to be kept confidential by federal law or regulations, the state constitution, state law, state regulations, or state rules, or a court of law or as attorney-client privileged communications, as privileged work product, as communications related to a threatened or pending legal or administrative action, or as materials related to personnel or regulatory investigations by the employer;

(III) Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by a current or prospective contractor, vendor, grantee or as part of a public-private partnership, or entity working with the state as part of an economic development activity;

(IV) Information bearing on the specialized details of security arrangements or investigations, including security arrangements for or investigations into elected officials or other individuals, physical infrastructure, or cybersecurity;

(V) Information derived from communications of the employer related to threatened or pending legal or administrative action;

(VI) Discussions that occur in an executive session authorized by section 24-6-402;

(VII) Trade secrets or information derived from trade secrets or proprietary information of the employer;

(VIII) Information and records not subject to disclosure under the "Colorado Open Records Act", part 2 of article 72 of title 24; or

(IX) Trade secrets owned by the employer.

(b) Any provision in any contract or agreement that violates subsection (1)(a) of this section is deemed to be against public policy and is unenforceable against an employee unless the provision is intended to prevent disclosure of:

(I) The employee's identity, facts that might lead to the discovery of the employee's identity, or factual circumstances relating to the employment that reasonably implicate legitimate privacy interests of the employee who is a party to the agreement if the employee elects in the employee's sole discretion to restrict disclosure of the employee's identity or such facts and circumstances;

(II) Data; information, including personal identifying information, as defined in section 24-74-102 (1); or matters that are required to be kept confidential by federal law or regulations, the state constitution, state law, state regulations, or state rules, or a court of law or as attorney-client privileged communications, as privileged work product, as communications related to a threatened or pending legal or administrative action, or as materials related to personnel or regulatory investigations by the employer;

(III) Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by a current or prospective contractor, vendor, grantee or as part of a public-private partnership, or entity working with the state as part of an economic development activity;

(IV) Information bearing on the specialized details of security arrangements or investigations, including for elected officials or other individuals, physical infrastructure, or cybersecurity;

(V) Information derived from communications of the employer related to threatened or pending legal or administrative action;

(VI) Discussions that occur in an executive session authorized by section 24-6-402;

(VII) Trade secrets or information derived from trade secrets or proprietary information of the employer;

(VIII) Information and records not subject to disclosure under the "Colorado Open Records Act", part 2 of article 72 of title 24; or

(IX) Trade secrets owned by the employer.

(2) (a) No school district, board of cooperative services, public school, or department, institution, or agency of a school district, a board of cooperative services, or a public school shall take any materially adverse employment-related action, including, without limitation, withdrawal of an offer of employment, discharge, suspension, demotion, discrimination in the terms, conditions, or privileges of employment, or other adverse action against an employee on the grounds that the employee does not enter into a contract or agreement deemed to be against public policy and unenforceable under subsection (1)(b) of this section. The taking of such a materially adverse employment-related action after an employee has refused to enter into such a contract or agreement is prima facie evidence of retaliation.

(b) Any employer who enforces or attempts to enforce a provision deemed by a court to be against public policy and unenforceable pursuant to subsection (1) of this section is liable for the employee's reasonable attorney fees and costs in defending against the action.

(c) An action to enforce a provision of this section must be brought in the district court for the district in which the employee is primarily employed.

(3) A settlement agreement between an employer that is a school district, board of cooperative services, or public school or a department, institution, or agency of a school district, a board of cooperative services, or a public school and an employee of the employer must be signed by both the employer and the employee.

(4) A nondisclosure agreement may not prohibit the release of information required to be released under the "Colorado Open Records Act", part 2 of article 72 of title 24.

(5) Nothing in this section prevents an employer from requiring an employee to enter into a nondisclosure agreement with a third party in the employee's official capacity and on behalf of the employer.

(6) As used in this section:

(a) "Condition of employment" means an employment-related policy, practice, requirement, or restriction dictated by an employer that an individual must agree to abide by in order to be hired by or retain employment with the employer.

(b) "Employee" means an applicant for employment with, or current or past employee of, a school district, board of cooperative services, or public school or a department, institution, or agency of a school district, board of cooperative services, or public school.
C.R.S. § 22-43.7-201 — CO Code / Title 22 / Article 43.7 / Part 2 / Section 22-43.7-201
22-43.7-201. Full-day kindergarten facility capital construction fund - creation - grants - d
Status: in_force

22-43.7-201. Full-day kindergarten facility capital construction fund - creation - grants - definitions. (1) The full-day kindergarten facility capital construction fund, referred to in this part 2 as the "fund", is hereby created in the state treasury. The fund consists of any money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Subject to annual appropriation by the general assembly, the public school capital construction assistance board may expend money from the fund as specified in this part 2.

(2) Except as otherwise provided in subsection (4) of this section, the public school capital construction assistance board shall use the money in the fund to provide grants or matching grants to any school district or institute charter school that is undertaking a capital construction project to renovate a facility, rent a facility, or provide a temporary auxiliary facility that will be used in conjunction with providing a full-day kindergarten program. The board shall award a grant or matching grant pursuant to this part 2 to a school district or institute charter school only if, without the grant or matching grant, the school district or institute charter school would be unable to provide a facility in which to offer a full day of kindergarten to more students than were offered a full day of kindergarten in the 2007-08 budget year. For purposes of this part 2, "temporary auxiliary facility" means a temporary building that will be placed on the same campus as a main educational facility.

(3) Except as otherwise provided in subsection (4) of this section, each budget year, the board shall use fifty percent of the money in the fund to provide grants pursuant to this part 2 and fifty percent of the money in the fund to provide matching grants pursuant to this part 2.

(4) (a) As used in this subsection (4), unless the context otherwise requires:

(I) "Applicant share percentage" means, with respect to an applicant, the percentage of total equitably adjusted funding statewide for both all applicants and all potential applicants who do not actually apply for grants as authorized by this subsection (4) represented by the equitably adjusted funding for the applicant.

(II) "Equitable adjustment factor" means, with respect to both an applicant and a potential applicant that does not actually apply for a grant as authorized by this subsection (4), the sum of the applicant's:

(A) Size factor, as determined pursuant to article 54 of this title 22;

(B) Percentage of enrolled pupils who are eligible for free or reduced-price lunch;

(C) Percentage of enrolled pupils who are English language learners, as defined in section 22-24-103 (4); and

(D) Percentage of enrolled pupils who are special education students.

(III) "Equitably adjusted funding" means, with respect to both an applicant and a potential applicant who does not actually apply for a grant as authorized by this subsection (4), the product of total applicant per pupil funding and the equitable adjustment factor.

(IV) "Total applicant per pupil funding" means, with respect to both an applicant and a potential applicant who does not actually apply for a grant as authorized by this subsection (4), the product of the number of children enrolled in a full-day kindergarten educational program provided by the applicant during the 2019-20 budget year and the applicant's per pupil funding amount, after application of section 22-54-104 (5)(g), for the 2019-20 budget year.

(b) On July 1, 2019, the state treasurer shall transfer twenty-five million dollars from the assistance fund to the fund. During the 2018-19 budget year, the board shall accept applications from applicants that will provide a full-day kindergarten educational program for the 2019-20 budget year for financial assistance in the form of formula-based grants in a total amount of up to twenty-five million dollars for the 2019-20 budget year. The board shall establish grant application requirements and deadlines that allow applicants to efficiently provide the information needed to allow the board to quickly determine the estimated amount of the formula-based grant to be awarded to each applicant and expedite distribution of the formula-based grants.

(c) The amount of the grant to be provided to each applicant pursuant to subsection (4)(b) of this section is determined by the following formula:

The lesser of $25,000,000 x the applicant share percentage or the amount actually applied for by the applicant.

On July 1, 2020, the state treasurer shall transfer all unexpended and unencumbered state money in the full-day kindergarten facility capital construction fund to the state education fund created in section 17 (4) of article IX of the state constitution.

(d) On July 1, 2019, or as soon as feasible thereafter, the board shall cause to be distributed to each applicant eighty percent of the estimated amount of the applicant's formula-based grant. As soon as feasible following the final determination of statewide and applicant full-day kindergarten enrollment for the 2019-20 budget year and no later than February 15, 2020, the board shall determine the final amount of each applicant's formula-based grant and cause to be distributed to each applicant any additional amount needed to ensure that each applicant receives the full final amount of its grant.

(e) As soon as possible after receiving each distribution described in this section, the authorizer for a charter school that operates a full-day kindergarten educational program shall distribute to the charter school, in a lump sum, one hundred percent of the amount received that is attributable to the full-day kindergarten pupils enrolled in the charter school.

(f) An applicant may expend a formula-based grant received pursuant to this subsection (4) during the 2019-20 budget year for the purpose of acquiring furniture, fixtures, or other fixed or moveable equipment, excluding construction equipment, that is needed to conduct a full-day kindergarten educational program or a preschool educational program.
C.R.S. § 22-32-124.5 — CO Code / Title 22 / Article 32 / Section 22-32-124.5
22-32-124.5. Board of appeals - definitions
Status: repealed

22-32-124.5. Board of appeals - definitions. (Repealed)
C.R.S. § 22-38-104 — CO Code / Title 22 / Article 38 / Section 22-38-104
22-38-104. Pilot schools - requirements - authority - definitions
Status: in_force

22-38-104. Pilot schools - requirements - authority - definitions. (1) The state board may provide for the establishment and operation of not more than one full-time residential pilot school and not more than three year-round nonresidential pilot schools pursuant to the following provisions:

(a) The state board shall consider placement of the pilot schools in geographic areas of the state that shall provide the easiest access to the maximum number of expelled and at-risk students eligible to attend the pilot schools. The state board is urged to consider placement of one pilot school in the Denver metropolitan area; one in the southeastern part of the state south of the 39th parallel and east of the continental divide; one in the northeast part of the state north of U.S. Interstate 70, east of the continental divide; and one west of the continental divide.

(b) A pilot school shall be a public, nonsectarian, nonreligious, non-home-based school.

(c) A pilot school shall be administered and governed by a board of directors in a manner agreed to by the pilot school applicant and the state board.

(d) (I) A pilot 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, or ancestry. Enrollment decisions shall be made in a nondiscriminatory manner specified by the pilot school applicant in the pilot school application.

(II) As used in this subsection (1)(d):

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

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

(2) Not more than three pilot schools shall each have a minimum of sixty students who do not reside at the school, approximately two-thirds of whom shall be expelled students, and the remainder of whom shall be at-risk students admitted by the pilot school in the manner specified in the pilot school application.

(3) The residential pilot school shall have a minimum of sixty students, two-thirds of which shall be expelled students and one-third of which shall be at-risk students. The school shall make available full-time residential facilities for all expelled students who, in the determination of the pilot school, may benefit from an environment different from those conditions that may have contributed to the student's expulsion. The residential pilot school shall only admit expelled and at-risk students who are in the sixth grade or seventh grade if compelling circumstances exist for admitting such students to a residential facility.

(4) A pilot school shall operate on a year-round basis and offer services for an extended period of more than eight hours during each educational day.

(5) A pilot school shall be accountable to the state board for purposes of ensuring compliance with applicable laws and contract provisions and the requirement of section 15 of article IX of the state constitution.

(6) A pilot school may require a parent or legal guardian and the student to enter into a mutual responsibility agreement according to the terms of which a parent, legal guardian, or student provides services to the pilot school or agrees to make a financial contribution to the pilot school.

(7) The state board shall promulgate guidelines for assessing the ability of the parent or legal guardian of a student to make a financial contribution to a pilot school to cover part, or all, of the costs of tuition for that student at the pilot school. The guidelines shall provide for a process to be used by pilot schools to assess the financial resources of a parent or legal guardian that could be reasonably applied to offset the costs of a student's education without imposing a financial hardship on the parent, legal guardian, or family of the student attending the pilot school.

(8) Pursuant to contract, a pilot school may operate free from specified school district policies, state statutes, state regulations, and contract requirements otherwise applicable to schools located in the school district where the pilot school is located. Upon request of the pilot school, the state board may release the pilot school from any school district policies, state statutes, state regulations, or contract requirements. Any waiver made pursuant to this subsection (8) shall be for the term of the contract for which the waiver is made.

(9) (a) A pilot school shall be responsible for its own operation including, but not limited to, preparation of a budget, compilation of any data required by this article, contracting for services, and personnel matters.

(b) A pilot school may negotiate and contract with a school district, the governing body of a state college or university, 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 pilot school is required to perform in order to carry out the educational program described in its contract. A pilot school may contract with the state for the use of any available state facility in order to carry out the educational program described in its contract. Any services for which a pilot school contracts with the state board or any school district shall be provided to the pilot school at cost.

(10) In addition to the students enrolled at each pilot school pursuant to section 22-38-111, a pilot school may enter into an agreement pursuant to section 22-33-203 (2) with a school district or with a board of cooperative services to provide educational services to enable expelled students to either return to school or successfully complete the high school equivalency examination, as defined in section 22-33-102 (8.5). Students receiving such services are not be considered to be enrolled at the pilot school, and, if the pilot school provides full-time residential facilities, students receiving such services need not reside at the pilot school.
C.R.S. § 22-35-107 — CO Code / Title 22 / Article 35 / Section 22-35-107
22-35-107. Concurrent enrollment advisory board - created - membership - duties - reports -
Status: repealed

22-35-107. Concurrent enrollment advisory board - created - membership - duties - reports - repeal. (1) There is created in the department the concurrent enrollment advisory board. The board consists of members appointed as provided in this section and has the powers and duties specified in this section. The board is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department, the commissioner of education, and the state board.

(2) The board consists of the following members:

(a) Three representatives from the state system of elementary and secondary education appointed by the commissioner of education, including at least one member who represents a rural public school or school district and at least one member who represents a school district where a relatively low percentage of recent high school graduates have enrolled in institutions of higher education;

(b) Five representatives from the state systems of higher education appointed by the executive director of the department of higher education, including two members who represent the Colorado community college system, one member who represents a public, four-year institution of higher education, one member who represents a local district college, and one member who represents an area technical college;

(c) Five representatives appointed by the governor, including at least one member who has experience in postsecondary student counseling, student admissions, and financial aid; at least one member who has experience in public budgeting and finance; a parent of a student enrolled in public school; and a student enrolled in high school;

(d) The director of accreditation and regional services within the department or his or her designee; and

(e) Two representatives of postsecondary career and technical education programs, one of whom is the director of career and technical education within the state system of community and technical colleges and one of whom represents the state system of elementary and secondary education and is appointed by the state board for community colleges and occupational education.

(3) Each appointing authority shall make its initial appointments no later than October 1, 2009. The governor shall make the initial appointment of a parent and student pursuant to subsection (2)(c) of this section no later than October 1, 2019. Each member of the board serves at the pleasure of the member's appointing authority for a term of three years. The appropriate appointing authority shall fill any vacancies arising during a member's term on the board.

(4) The commissioner of education shall call the first meeting of the board to be held no later than November 15, 2009. At its first meeting, and annually thereafter, the board shall select from among its members a person to serve as chair of the board. The board shall meet upon call of the chair as often as necessary to accomplish its duties as specified in this section.

(5) The board members shall serve without compensation and without reimbursement for expenses. Upon request of the board chair, the department, to the extent possible within existing resources, shall provide meeting space, equipment, and staff services as may be necessary for the board to carry out its duties under this section.

(6) The board has the following duties:

(a) Establishing guidelines for the administration of the ASCENT program pursuant to section 22-35-108 (4) and the TREP program pursuant to section 22-35-108.5 (4);

(b) Advising and assisting local education providers and institutions of higher education in preparing cooperative agreements;

(c) Making recommendations as necessary to the general assembly, the state board, and the commission concerning the improvement or updating of state policies relating to concurrent enrollment programs, including but not limited to recommendations of policies that will allow every local education provider in the state to have adequate resources to enter into at least one cooperative agreement;

(d) On or before December 1, 2022, considering and making recommendations to the state board and the education committees of the house of representatives and senate, or any successor committees, regarding the feasibility of a waiver process whereby a local education provider, on behalf of a qualified student, could apply to the department for a waiver of certain provisions of section 22-35-108, which waiver would allow the local education provider to designate the student as an ASCENT program participant in the second year following the year in which the qualified student was enrolled in the twelfth grade of the local education provider so long as the qualifying student:

(I) Was so designated in the year directly following the year in which the qualified student was enrolled in the twelfth grade of the local education provider;

(II) Requires fifteen or fewer credit hours of postsecondary course work to achieve a postsecondary credential; and

(III) Is eligible for free or reduced-price lunch pursuant to the federal "Richard B. Russell National School Lunch Act", 42 U.S.C. sec. 1751 et seq.;

(e) Submitting to the state board for its approval or disapproval recommendations made pursuant to paragraphs (c) and (d) of this subsection (6);

(f) Collaborating with persons from the department of education, the department of labor and employment, the community college system, the local district colleges, area technical colleges, and the Colorado work force development council created in section 24-46.3-101, C.R.S., to create a set of standard recommendations to advise and assist local education providers in creating cooperative agreements to include course work related to apprenticeship programs and internship programs as options within a local education provider's concurrent enrollment program. The board shall complete the standard recommendations and make them available to local education providers by January 1, 2016.

(g) To work with the department of education, the department of higher education, and the community college system that supports the enrollment of first-generation students, low-income students, and students of color in concurrent enrollment programs.

(7) On or before December 1, 2010, and on or before December 1 each year thereafter, the board shall prepare a report and submit it to the state board and the commission. The report, at a minimum, shall include:

(a) Any guidelines that the board has established pursuant to paragraph (a) of subsection (6) of this section; and

(b) Any recommendations that the board makes pursuant to paragraph (c) of subsection (6) of this section.

(8) (a) This section is repealed, effective September 1, 2027.

(b) Prior to said repeal, the board shall be reviewed as provided in section 2-3-1203.
C.R.S. § 22-44-115.5 — CO Code / Title 22 / Article 44 / Part 1 / Section 22-44-115.5
22-44-115.5. Fiscal emergency - effect on budget
Status: in_force

22-44-115.5. Fiscal emergency - effect on budget. (1) During any budget year, if the board of education of the school district determines that the anticipated revenues specified in the budget and the amounts appropriated in the budget for expenditure exceed the actual revenues available to the school district due, in whole or in part, to action by the general assembly or the governor relating to the state appropriation for the district's total program pursuant to article 54 of this title, the board may declare a fiscal emergency in such budget year. A declaration of fiscal emergency may only occur upon an affirmative vote of two-thirds of the members of the board at a public meeting. Prior to any vote taken pursuant to this subsection (1), the board of education shall hold at least one public hearing within the district after full and timely notice to the public.

(2) If a fiscal emergency is declared by the board of education pursuant to subsection (1) of this section, the board may implement a reduction in salaries for all employees of the school district on a proportional basis or may alter the work year of such employees. Such reduction in salaries may be made notwithstanding the provisions of section 22-63-401 (3).
C.R.S. § 22-7-1016.5 — CO Code / Title 22 / Article 7 / Part 10 / Section 22-7-1016.5
22-7-1016.5. Exchange of student records
Status: in_force

22-7-1016.5. Exchange of student records. (1) The department of education and the department of higher education shall establish a procedure that allows for the direct, electronic exchange of student unit record data for students enrolled in Colorado public high schools.

(2) Notwithstanding the provisions of section 22-2-111 (3)(a), the department of education, in collaboration with the department of higher education, shall identify the student data relevant to high school students' transitions to the postsecondary system to which the department of education has access and that shall be shared with the department of higher education.

(3) The department of education shall collect student authorization for the transfer of data where necessary and practicable through existing systems for the collection of student data.

(4) The implementation of the data exchange procedure established pursuant to this section and section 23-1-119.3, C.R.S., must utilize student unit record data collected and maintained by the department of education and must be administered at no charge to local education providers, public institutions of higher education, or students.

(5) The data exchange procedure established pursuant to this section and section 23-1-119.3 must ensure that the exchange of information is conducted in compliance with all state and federal laws and regulations concerning the privacy of information, including but not limited to the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g, as amended, and all federal regulations and applicable guidelines adopted in accordance therewith.
C.R.S. § 22-27.5-104 — CO Code / Title 22 / Article 27.5 / Section 22-27.5-104
22-27.5-104. Dropout prevention activity grant program - rules - awarding grants
Status: in_force

22-27.5-104. Dropout prevention activity grant program - rules - awarding grants. (1) The state board shall promulgate rules in accordance with the "State Administrative Procedure Act", article 4 of title 24, C.R.S., for the implementation of the dropout prevention activity grant program. At a minimum, the rules shall specify the procedures for applying for a grant, the form of the grant application, the information to be provided by the applicant, and the criteria for awarding grants.

(2) The department shall review each grant application received from a facility school, a qualified school, or a qualified community organization pursuant to section 22-27.5-103 and shall make recommendations to the state board concerning whether the grant should be awarded and the amount of the grant. If the department determines an application is missing any information required by rules to be included with the application, the department may contact the applicant to obtain the missing information. In making its recommendations, in addition to any criteria identified by rule of the state board, the department shall:

(a) Give first priority to applications to fund arts-based or vocational activity programs at qualified schools that experience high dropout rates for the three school years preceding the year in which the application is submitted and to fund arts-based or vocational activity programs at facility schools;

(b) Consider the percentage of students enrolled at the affected qualified school or facility school who are minority students or students who qualify for free or reduced-cost lunch pursuant to the provisions of the federal "Richard B. Russell National School Lunch Act", 42 U.S.C. sec. 1751 et seq., with the goal of funding arts-based and vocational activity programs at qualified schools and facility schools that enroll high percentages of minority students and students who qualify for free or reduced-cost lunch;

(c) Consider the format of the arts-based or vocational activity program for which funding is requested and determine the cost-effectiveness of the program, the number of students who will be able to participate, and the quality of the participatory experience offered, with the goal of funding arts-based and vocational activity programs that provide a large number of students the opportunity to directly participate in and experience an arts-based or vocational activity;

(d) Consider whether the arts-based or vocational activity program for which funding is requested includes a partnering relationship with businesses in the community or a component of community service, with the goal of funding those arts-based and vocational activity programs that demonstrate a connection with the community outside the school or facility school and provide a benefit to that community.

(3) In each year in which moneys are credited to the fund, the state board shall award grants to applicants through the dropout prevention activity grant program. The state board shall take into consideration the recommendations received from the department. In addition to any criteria adopted by rule, the state board in awarding grants shall apply the priority and considerations specified in subsection (2) of this section. A grant awarded pursuant to this article shall be valid for one year.
C.R.S. § 22-14-102 — CO Code / Title 22 / Article 14 / Section 22-14-102
22-14-102. Definitions
Status: in_force

22-14-102. Definitions. As used in this article 14, unless the context otherwise requires:

(1) "Completion" means a student graduates from high school or receives a certificate or other designation of high school completion such as a general educational development certificate.

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

(3) "Dropout prevention" means school and community-based initiatives to promote positive social, emotional, familial, and educational factors that maintain and strengthen student engagement and address barriers and conditions that may lead a student to drop out of school.

(4) "Expanded learning opportunity programs" means programs that provide kindergarten-through-twelfth-grade supervised learning activities that may include, but need not be limited to, after-school programs, before-school programs, summer school programs, weekend programs, and extended-day and extended-year programs.

(5) "Graduation" means a student meets the locally defined requirements for a high school diploma.

(6) "Grant program" means the student re-engagement grant program established in section 22-14-109.

(7) "High priority local education provider" means a local education provider that the office identifies pursuant to section 22-14-103 (4) as being most in need of technical assistance and support.

(8) "Local education provider" means a school district, a board of cooperative services created pursuant to article 5 of this title, or the state charter school institute created pursuant to section 22-30.5-503.

(9) "Office" means the office of dropout prevention and student re-engagement created within the department of education pursuant to section 22-14-103.

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

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

(11) "Priority local education provider" means a local education provider that the office identifies pursuant to section 22-14-103 (4) as being in significant need of technical assistance and support.

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

(13) "Student engagement" means a student's sense of belonging, safety, and involvement in school that leads to academic achievement, regular school attendance, and graduation. Elements of promoting student engagement include providing rigorous and relevant instruction, creating positive relationships with teachers and counselors, providing social and emotional support services for students and their families, creating partnerships with community organizations and families that foster learning outside of the classroom, and cultivating regular school attendance.

(14) "Student graduation and completion plan" means a local education provider's plan, created pursuant to section 22-14-107, for reducing the student dropout rate and increasing the rates of student engagement, re-engagement, graduation, and completion.

(15) "Student re-engagement" means that a student reenrolls in high school after dropping out prior to completion. Student re-engagement usually results from a local education provider's use of evidence- or research-based strategies to reach out to students who have dropped out of school and to assist them in transitioning back into school and obtaining their high school diplomas or otherwise completing high school.

(16) "Student support personnel" means a state-licensed or state-certified school counselor, school psychologist, school social worker, or school nurse, or other state-licensed or state-certified mental health professional qualified under state law to provide support services to children and adolescents.

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

(18) "Work-based learning" has the same meaning as set forth in section 8-83-601 (15).
C.R.S. § 22-25-106 — CO Code / Title 22 / Article 25 / Section 22-25-106
22-25-106. Local comprehensive health education programs - local student wellness programs
Status: in_force

22-25-106. Local comprehensive health education programs - local student wellness programs - establishment of comprehensive health education advisory councils. (1) (a) Each school district and board of cooperative services may and is encouraged to establish a local comprehensive health education program. To ensure that a local comprehensive health education program reflects the health issues and values of the community, each school district or board of cooperative services may establish a comprehensive health education advisory council, or may add necessary representatives to the school district's accountability committee created pursuant to section 22-11-301 or other appropriate committee, to address and make recommendations to the school district or board of cooperative services concerning the curriculum of the local comprehensive health education program.

(b) Each school district and board of cooperative services is further encouraged to establish a local student wellness program that includes or is otherwise coordinated with health education. A school district's or board of cooperative services' comprehensive health education advisory council or accountability committee may address and make recommendations to the school district or the board of cooperative services concerning the local student wellness program, including but not limited to the programs to be provided and best practices and strategies for involving families and the community in the local student wellness programs.

(2) In establishing a comprehensive health education advisory council or in supplementing an accountability committee or other appropriate committee, the board of a school district or board of cooperative services is encouraged to appoint members of the community who represent various points of view within the school district concerning comprehensive health education; however, a majority of the committee shall be comprised of parents of children enrolled in the district. Members may include, but shall not be limited to, parents, a member of the clergy, teachers, school administrators, pupils, health-care professionals, members of the business community, law enforcement representatives, senior citizens, and other interested residents of the school district.

(3) In addition to the requirements of section 22-25-104 (3), each school district and board of cooperative services is encouraged to include instruction in its local comprehensive health education program which:

(a) Promotes parental involvement, promotes abstinence from high-risk behaviors, fosters positive self-concepts, develops decision-making skills, and provides mechanisms for coping with and resisting peer pressure;

(b) Focuses on the dynamic relationship among physical, mental, emotional, and social well-being; and

(c) Integrates available community resources into the educational program.

(4) (a) Each local comprehensive health education program which is adopted by a school district or board of cooperative services shall include a procedure to exempt a student, upon request of the parent or guardian of such student, from a specific portion of the program on the grounds that it is contrary to the religious beliefs and teachings of the student or the student's parent or guardian.

(b) Any local school district or board of cooperative services which adopts a local comprehensive health education program shall ensure that at a minimum the following public information requirements are met:

(I) Written notification of such local comprehensive health education program shall be given to the parents or guardians of all students within such school district or board of cooperative services, including notification that a student is allowed an exemption which permits such a student, at the request of the parent or guardian of the student, to be excused from all or any part of the local comprehensive health education program; and

(II) The curriculum and materials to be used shall be made available for public inspection at reasonable times and reasonable hours and a public forum to receive public comment upon such curriculum and materials shall be held.
C.R.S. § 22-30-120.5 — CO Code / Title 22 / Article 30 / Part 1 / Section 22-30-120.5
22-30-120.5. Effective date for purposes of school finance
Status: in_force

22-30-120.5. Effective date for purposes of school finance. Notwithstanding the provisions of section 22-30-120, for purposes of determining funding pursuant to the "Public School Finance Act of 2025", article 54 of this title 22, any plan of organization approved at a special school district organization election must take effect on the next July 1 following certification of the election results.
C.R.S. § 22-32.5-107 — CO Code / Title 22 / Article 32.5 / Section 22-32.5-107
22-32.5-107. District of innovation - designation
Status: in_force

22-32.5-107. District of innovation - designation. (1) Each local school board may seek for its school district designation by the state board as a district of innovation. A local school board may seek the designation on the basis of innovation plans or plans for creating innovation school zones approved or collaboratively created by the local school board pursuant to section 22-32.5-104.

(2) A local school board that seeks designation as a district of innovation shall submit one or more innovation plans or plans for creating an innovation school zone to the commissioner for review and comment by the commissioner and the state board. Within sixty days after receiving a local school board's plan, the commissioner and the state board shall respond to the local school board with any suggested changes or additions to the plan, including but not limited to suggestions for further innovations or for measures to increase the likelihood that the innovations will result in greater academic achievement within the innovation schools or innovation school zones. Based on the commissioner's and the state board's comments, the local school board may choose to withdraw and resubmit its innovation plan or plan for creating an innovation school zone.

(3) (a) Within sixty days after receiving a local school board's innovation plan or plan for creating an innovation school zone, the state board shall designate the local school board's school district as a district of innovation if the state board concludes that the submitted plan:

(I) Is likely to enhance educational opportunity, standards, and quality within the innovation schools or innovation school zones; and

(II) Is fiscally feasible.

(b) If the state board does not designate a school district as a district of innovation, it shall provide to the local school board a written explanation of the basis for its decision. The local school board may resubmit an amended innovation plan or plan for creating an innovation school zone and seek designation of its school district as a school district of innovation at any time after denial.

(4) It is the intent of the general assembly that the department of education receive a one-time appropriation to offset the costs incurred by the department and the state board in adopting rules and otherwise establishing the procedures for implementation of this section. The general assembly finds, however, that the department of education and the state board may implement this section in future years without additional state funding.
C.R.S. § 22-44-302 — CO Code / Title 22 / Article 44 / Part 3 / Section 22-44-302
22-44-302. Legislative declaration
Status: in_force

22-44-302. Legislative declaration. The general assembly finds that members of the public, as taxpayers and parents, have a strong interest in how public moneys are expended in Colorado in the pursuit of a quality education for all of Colorado's public school students. The general assembly further finds that educators and administrators, as education innovators and stewards of these public moneys, are eager to learn from one another and evaluate best practices that may result in efficiencies and potential cost savings for their schools. While achieving these important ends through the statewide dissemination of public school financial information may have been cumbersome in the past, new technologies and the ease with which the public can access electronic information now make greater transparency in public school finances not only important but practical. Therefore, it is the intent of the general assembly to ensure public access to public school financial information through the adoption of the "Public School Financial Transparency Act", which directs public schools to post financial information online, in a downloadable format, for free public access.
C.R.S. § 22-1-102 — CO Code / Title 22 / Article 1 / Section 22-1-102
22-1-102. Residence of child
Status: in_force

22-1-102. Residence of child. (1) Every public school shall be open for the admission of all children, between the ages of five and twenty-one years, residing in that district without the payment of tuition. The board of education shall have power to admit adults and children not residing in the district if it sees fit to do so and to fix the terms of such admission.

(2) A child shall be deemed to reside in a school district if:

(a) Both his or her parents, or the survivor of them, or the one of them with whom such child resides a majority of the time pursuant to an order of any court of competent jurisdiction resides in the school district;

(b) The legally appointed guardian of his person resides in the school district;

(c) After emancipation by his parents, or the survivor thereof, from their or his control, and he has no guardian, he lives within the school district;

(d) In the judgment of the board of education of the school district wherein the child lives, the child has been abandoned by his parents;

(e) The child has become permanently dependent for his maintenance and support on someone other than his nonresident parents, or upon any charitable organization, if the dependent child is actually to make his home and receive his support within the school district where he desires to attend;

(f) If one of the child's parents or the guardian of his person is a public officer or employee living temporarily for the performance of his duties in a school district other than that of his residence. Unless the parents of a child are permanently separated, the residence of the husband shall be deemed to be the residence of the child, but, if the parents have permanently separated, the residence of the child shall be that of the parent with whom the child actually lives.

(g) Regardless of the residence of the parents, if any, the child adopts a dwelling place within the district with the intent to remain there indefinitely and with the intent not to return to the dwelling place from which he came, and regularly eats or sleeps there, or both, during the entire school year as defined in section 22-1-112; but the child shall be deemed not to have the requisite intent if he regularly returns to another dwelling place during summer vacations or weekends;

(h) The child is found to be homeless pursuant to the provisions of section 22-1-102.5 and the child presently seeks shelter or is located in the school district; except that a homeless child shall be deemed to reside in another school district if the child attended school in such school district at the time the child became homeless, the child remains homeless, the affected school districts find that attendance in such other school district is in the best interests of the child pursuant to section 22-33-103.5, and the child chooses to continue attendance in such other school district;

(i) The child is found to have become homeless pursuant to the provisions of section 22-1-102.5 during a period that school is not in session, the child remains homeless, and the child presently seeks shelter or is located in the school district; except that the child shall be deemed to reside in another school district if the child attended school in such school district immediately prior to the time the child became homeless, the child remains homeless, the affected school districts find that attendance in such other school district is in the best interests of the child pursuant to section 22-33-103.5, and the child chooses to continue attendance in such other school district; or

(j) The child is a student in out-of-home placement, as defined in section 22-32-138, but is enrolled in a school of origin, as defined in section 22-32-138, other than an approved facility school, as defined in section 22-2-402, or a state-licensed day treatment facility and was considered a resident of the school district at the time the child became a student in out-of-home placement or at the time of enrollment in the school of origin, whichever is most recent.

(3) School districts shall follow the procedures specified in section 22-33-103.5 in determining where a homeless child shall attend school and the educational services provided to homeless children.
C.R.S. § 22-44-304 — CO Code / Title 22 / Article 44 / Part 3 / Section 22-44-304
22-44-304. Financial reporting - online access to information
Status: repealed

22-44-304. Financial reporting - online access to information. (1) (a) Commencing July 1, 2010, and on a continuing basis thereafter, the institute and each school district, board of cooperative services, and charter school shall post the following information online, in a downloadable format, for free public access:

(I) The institute's, school district's, BOCES's, or charter school's annual budget, adopted pursuant to section 22-44-110 (4), commencing with the budget for the 2009-10 budget year;

(II) The institute's, school district's, BOCES's, or charter school's annual audited financial statements, prepared pursuant to section 22-32-109 (1)(k), commencing with the audits prepared for the 2009-10 budget year;

(III) Repealed.

(IV) The institute's, school district's, BOCES's, or charter school's salary schedules or policies, adopted pursuant to sections 22-32-109.4 and 22-63-401, commencing with those applicable to the 2010-11 budget year.

(b) and (c) Repealed.

(d) (I) Additionally, commencing July 1, 2015, the institute and each school district, board of cooperative services, and charter school shall post in a format that can be downloaded and sorted, for free public access, the institute's, school district's, BOCES's, or charter school's actual expenditures, including but not limited to actual salary expenditures and actual benefit expenditures reported by job category specified in the standard chart of accounts, at the institute, school district, and BOCES level and at the school-site level.

(II) Notwithstanding any provision of subsection (1)(d)(I) of this section to the contrary, a school district that the department determines is rural, based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area, and that enrolls fewer than one thousand students in kindergarten through twelfth grade is not required to report expenditures at the school-site level except for those school-site level expenditures that the school district charges any portion of to a district charter school.

(e) Additionally, commencing July 1, 2018, the institute and each school district, board of cooperative services, and charter school shall post on its website for free public access an easily accessible link to the federal form 990, 990-EZ, or 990-PF and any associated schedules that the institute, school district, board of cooperative services, or charter school files, if any.

(f) Additionally, commencing July 1, 2018, and on a continuing basis thereafter, each school district, if required in section 22-32-108.5, shall:

(I) Post a copy of the school district's plan for distributing the additional mill levy revenue collected by the school district; or

(II) For the 2018-19 budget year, post a statement of intent to distribute the additional mill levy revenue to the charter schools and innovation schools of the school district on a per-pupil basis and, for the 2019-20 budget year and for each budget year thereafter, a statement of the total amount of additional mill levy revenue collected by the school district for each property tax year, the amount distributed to support specific student populations as described in section 22-32-108.5 (5)(b), and the total amount distributed for said student populations and on a per-pupil basis to each charter school and innovation school of the school district, as a percentage and as a dollar amount.

(2) This section does not direct or require the institute or a school district, board of cooperative services, or charter school to post online, pursuant to subsection (1) of this section, personal information relating to payroll, including but not limited to payroll deductions or contributions, or any other information that is confidential or otherwise protected from public disclosure pursuant to state or federal law.

(3) (a) The institute and each school district, board of cooperative services, and charter school shall update the information specified in subsections (1)(a) to (1)(c) and subsection (1)(e) of this section within sixty days after the institute's, school district's, BOCES's, or charter school's completion or receipt of the applicable report, statement, or document. The institute and each school district, BOCES, and charter school shall update the information specified in subsection (1)(d) of this section annually by a date specified by the financial policies and procedures advisory committee. Each school district shall update the information specified in subsection (1)(f) of this section within thirty days after the school district board of education adopts a new or updated plan for distribution of additional mill levy revenue or, if the school district distributes the additional mill levy revenue on a per-pupil basis to the charter schools and innovation schools of the school district, within thirty days after the end of each budget year.

(b) The institute and each school district, BOCES, and charter school shall maintain the prior two budget years' financial information online, in a downloadable format, for free public access, until the end of the institute's, school district's, BOCES's, or charter school's current budget year.

(4) No later than July 1, 2015, the financial policies and procedures advisory committee of the department shall create a template that the institute and school districts, BOCES, and charter schools must use to post all of the information specified in subsection (1) of this section, including but not limited to the site-level reporting requirements. The template may include both the type of electronic file posted as well as the information to be included in the posting.

(5) In addition to the information required in subsection (1) of this section, the institute and each school district, BOCES, and charter school shall provide a link to the department's website or the location information for the department's website where a member of the public may access information or reports that are submitted directly to the department.
C.R.S. § 22-5-105 — CO Code / Title 22 / Article 5 / Section 22-5-105
22-5-105. Organization of board of cooperative services - meetings
Status: in_force

22-5-105. Organization of board of cooperative services - meetings. (1) (a) At its first meeting, the members of the board of cooperative services elected as set forth in section 22-5-104 shall elect from their membership a president, a vice-president, a secretary, and a treasurer, whose terms of office are for two years, unless their terms of office as board members expire earlier, in which case the officership shall similarly expire. The duties of the president, vice-president, secretary, and treasurer of the board of cooperative services are the same as set forth for similar offices of boards of education in sections 22-32-105 to 22-32-107. Similarly, meetings of the board of cooperative services are called, held, and conducted as set forth in section 22-32-108; except that, pursuant to section 22-5-104 (5), a board of cooperative services may conduct meetings electronically, including by using video or audio conferencing technology.

(b) A board of cooperative services that includes in its membership at least one school district that the department of education determines is rural, based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area, and that enrolls six thousand five hundred or fewer students in kindergarten through twelfth grade, may provide notice of special meetings by electronic mail as provided in section 22-32-108 (2)(b).

(2) At each meeting at which a board of cooperative services elects officers, each board member shall sign an affidavit stating that the board member is aware of and will comply with the confidentiality requirements and restrictions applicable to executive sessions of the board, as described in section 24-6-402, C.R.S., regardless of whether the board member participates in the executive session in person or electronically in accordance with a policy adopted pursuant to section 22-5-104 (5). The board of cooperative services shall keep and preserve the affidavits with the minutes of board meetings and other board documents.
C.R.S. § 22-62-103 — CO Code / Title 22 / Article 62 / Section 22-62-103
22-62-103. Authority to enter into agreements
Status: in_force

22-62-103. Authority to enter into agreements. (1) The board of education of each school district is authorized to enter into written, contractual agreements or arrangements with any college or university for the purpose of providing field experiences in teacher education. Field experiences shall include all activities incurred within the district by a regularly enrolled student in any phase of the teacher education program of the institution, regardless of the title of his position. A student teacher is a student engaged in a major field experience with increasing responsibility for teaching, supervision, and direction of an identified group of learners. The student teaching field experience is normally the terminal field experience in the professional exposure to public schools leading to certification.

(2) Each such agreement or arrangement shall set out the rights and responsibilities of the cooperating school districts, teacher preparation institutions, students, and other participating personnel.
C.R.S. § 22-30.5-107 — CO Code / Title 22 / Article 30.5 / Part 1 / Section 22-30.5-107
22-30.5-107. Charter application - process
Status: in_force

22-30.5-107. Charter application - process. (1) (a) A charter applicant cannot apply to, or enter into a charter contract with, a school district unless a majority of the proposed charter school's pupils, other than online pupils, will reside in the chartering school district or in school districts contiguous thereto.

(b) The local board of education shall receive and review all applications for charter schools. If the local board of education does not review a charter application, that charter application is denied. For applications beginning in 2025, a charter applicant must file its application with the local board of education during the period beginning February 1 and ending April 1, eighteen months before the charter school is set to open. An application is considered filed when the school district administration receives the charter application from the charter applicant either in hard copy or electronically. Prior to any change in the application deadline, the local board of education shall notify the department and each charter school applicant in the district of the proposed change by certified letter. The local board of education shall not charge any application fees.

(c) Within fifteen days after receiving a charter school application, the school district shall determine whether the application contains the minimum components specified in section 22-30.5-106 (1) and is therefore complete. If the application is not complete, the school district shall notify the charter applicant within the fifteen-day period and provide a list of the information required to complete the charter application. The charter applicant has fifteen days after the date it receives the notice to provide the required information to the local board of education for review. The local board of education is not required to take action on the charter application if the charter applicant does not provide the required information within the fifteen-day period. The school district may request additional information during the review period and provide reasonable time for the charter applicant to respond. The school district may, but is not required to, accept any additional information the charter applicant provides that the school district does not request. The district accountability committee shall review the complete charter school application at least fifteen days, if possible, before the local board of education takes action on the application.

(d) Any date in this subsection (1) that falls on a weekend, a legal holiday, or a day school is not in session is extended to the next school day.

(1.5) For purposes of reviewing a charter school application, a district accountability committee shall include at least:

(a) One person with a demonstrated knowledge of charter schools, regardless of whether that person resides within the school district; and

(b) One parent or legal guardian of a child enrolled in a charter school in the school district; except that, if there are no charter schools in the school district, the local board of education shall appoint a parent or legal guardian of a child enrolled in the school district.

(2) After giving reasonable public notice, the local board of education shall hold community meetings in the affected areas or the entire school district to obtain information to assist the local board of education in its decision to approve a charter school application. The local board of education shall rule by resolution on the application for a charter school in a public hearing, upon reasonable public notice, no later than June 30. A charter school shall use the school and fiscal year, July 1 to June 30, following the submission of its charter application as a planning year, during which the charter school shall prepare for serving students the next school year. All negotiations between the charter school and the local board of education on the contract shall be concluded by, and all terms of the contract agreed upon, no later than ninety days after the local board of education rules by resolution on the application for a charter school or September 30, whichever date is later.

(2.5) The charter applicant and the local board of education may jointly waive or extend the timelines set forth in this section. As specified in section 22-2-117, the local board of education may apply to the state board of education for a modification or waiver of the timelines set forth in this section. If the state board of education approves the waiver, the local board of education must publish notice of the waiver on the local board of education's website within thirty days after the approval. The new timeline only applies to the applications submitted following the date of the public posting of the waiver.

(3) If a local board of education denies a charter school application, does not review a charter school application, or unilaterally imposes conditions that are unacceptable to the charter applicant, the charter applicant may appeal the decision to the state board pursuant to section 22-30.5-108.

(3.5) Nothing in this part 1 shall prohibit a school district from adopting one or more policies that encourage charter applicants to address specified school district needs.

(4) If a local board of education denies or does not review a charter school application, it shall state its reasons for the denial or refusal to review. Within fifteen days after denying or refusing to review a charter school application, the local board of education shall notify the department of the denial or refusal and the reasons therefor. If a local board of education approves a charter application, it shall send a copy of the approved charter application to the department within fifteen days after approving the charter application.

(5) A school district may unilaterally impose conditions on a charter applicant or on a charter school only through adoption of a resolution of the local board of education of the school district. If a local board adopts a resolution unilaterally imposing conditions on a charter applicant or on a charter school, the resolution shall, at a minimum, state the school district's reasons for imposing the conditions unilaterally, despite the objections of the charter applicant or the charter school. The charter applicant or charter school may appeal the decision of the local board of education to unilaterally impose the conditions by filing the notice of appeal with the state board within thirty days after adoption of the resolution, as provided in section 22-30.5-108 (2)(a).
C.R.S. § 22-24-104 — CO Code / Title 22 / Article 24 / Section 22-24-104
22-24-104. English language proficiency program established - funding
Status: in_force

22-24-104. English language proficiency program established - funding. (1) There is established the state English language proficiency program to assist local education providers in administering and implementing English language proficiency programs for English language learners in kindergarten and grades one through twelve.

(2) (a) A student who is identified for inclusion in an English language proficiency program may receive funding pursuant to this section for up to a total of five budget years regardless of whether the student transfers enrollment among local education providers during the five years. The five budget years in which a student receives funding pursuant to this section are not required to be consecutive if a student exits an English language proficiency program and is subsequently re-identified for inclusion in an English language proficiency program. A student is not eligible for funding in a school year in which the student does not receive educational support through an English language proficiency program. The department shall allocate state moneys pursuant to this section on the student's behalf to the local education provider that enrolls the student.

(b) If a student was identified for inclusion in an English language proficiency program before May 21, 2014, and received state funding pursuant to this article as it existed before May 21, 2014, the department must include the budget years for which the student received funding before May 21, 2014, in calculating the five-year limit on funding for the student.

(3) (a) The general assembly shall annually appropriate money to the department to implement this section. The department shall allocate the money annually appropriated to local education providers on a per-pupil basis using the number of English language learners certified pursuant to section 22-24-105, subject to the time limit specified in subsection (2) of this section. The local education providers shall use the allocated amount to provide services to the certified English language learners.

(b) (I) The department shall distribute a portion of the amount annually appropriated to the department pursuant to subsection (3)(a) of this section to local education providers based on the percentage of certified English language learners who:

(A) Speak a language other than English and do not comprehend or speak English;

(B) Comprehend or speak some English but whose primary comprehension or speech is in a language other than English; and

(C) Are eligible for funding pursuant to the time limit specified in subsection (2) of this section.

(II) A student shall not be funded pursuant to this paragraph (b) for more than four hundred dollars per year or an amount equal to twenty percent of the state average per pupil revenues, as defined in section 22-54-103 (12), for the preceding budget year as determined by the department, whichever is greater.

(c) (I) The department shall distribute a portion of the amount annually appropriated pursuant to subsection (3)(a) of this section to local education providers based on the percentage of certified English language learners who are eligible for funding pursuant to the time limit specified in subsection (2) of this section and who comprehend and speak English and one or more other languages but whose English language development and comprehension is:

(A) At or below the mean of students enrolled in the local education provider or below the mean or equivalent on a nationally standardized test; or

(B) Below the acceptable proficiency level based on the assessments identified by the department pursuant to section 22-24-106 (1)(a).

(II) A student shall not be funded pursuant to this paragraph (c) for more than two hundred dollars per year or an amount equal to ten percent of the state average per pupil revenues, as defined in section 22-54-103 (12), for the preceding budget year as determined by the department, whichever is greater.

(4) Each local education provider shall provide English language proficiency programs for English language learners who are enrolled in the public schools operated by the local education provider; except that local education providers may cooperate in carrying out the provisions of this article.

(5) This article does not prohibit a local education provider from using the moneys allocated pursuant to this article for bilingual programs, English-as-a-second-language programs, or any other method of achieving the purposes of this article. A local education provider that administers any of these programs shall receive moneys pursuant to this article only on the basis of the number of English language learners enrolled in the programs.
C.R.S. § 22-32-132 — CO Code / Title 22 / Article 32 / Section 22-32-132
22-32-132. Diplomas - veterans
Status: in_force

22-32-132. Diplomas - veterans. (1) Upon the request of an honorably discharged veteran or a discharged LGBT veteran, as defined in section 28-5-100.3, a board of education of a school district may award a diploma to the veteran if the veteran:

(a) Served in the armed forces of the United States at any time during the period from:

(I) December 7, 1941, through December 31, 1946, a period that includes world war II;

(II) June 25, 1950, through January 31, 1955, a period that includes the Korean war; or

(III) August 5, 1964, through May 7, 1975, a period that includes the Vietnam war, and the period from February 28, 1961, through August 5, 1964, for persons serving in Vietnam;

(b) Left high school before graduating in order to serve in the armed forces of the United States;

(c) Has not received a high school diploma;

(d) Has attained the age of sixty years; and

(e) (I) At the time of making the request, resides within the school district; or

(II) At the time of leaving high school to serve in the armed forces of the United States, resided within the school district.

(2) Notwithstanding any provision of subsection (1) of this section to the contrary, a board of education of a school district may award a diploma:

(a) Posthumously to an honorably discharged veteran or discharged LGBT veteran, upon the request of an immediate family member or legal guardian of the veteran; or

(b) Even though an honorably discharged veteran or discharged LGBT veteran has already successfully completed a high school equivalency examination, as defined in section 22-33-102 (8.5).

(3) A school district, in implementing the provisions of this section, may utilize a form for acquiring the information from a veteran described in subsection (1) of this section. The form may be prescribed by rule proposed by the Colorado board of veterans affairs and adopted by the adjutant general in accordance with section 28-5-703, C.R.S.
C.R.S. § 22-104-101 — CO Code / Title 22 / Article 104 / Section 22-104-101
22-104-101. Legislative declaration
Status: in_force

22-104-101. Legislative declaration. (1) The general assembly finds that:

(a) Significant interruptions to in-person learning due to the COVID-19 pandemic have led to potentially devastating and long-lasting negative impacts on student achievement, impacting every part of Colorado society;

(b) These negative impacts on student achievement are not equal; students furthest from privilege are at risk of falling behind the most;

(c) Research suggests that while all students may fall behind as much as seven months because of interruptions to in-person learning due to the COVID-19 pandemic, students who identify as Black, Latino, or lower income may fall behind as much as ten months, exacerbating already entrenched inequities;

(d) Responding to learning loss and the widening of opportunity gaps could be the greatest challenge our state faces over the next few years, and the state has an urgent and immediate need to provide additional support to ensure students are well prepared for the future;

(e) With scarce resources, it is imperative to know which academic interventions yield the best results for students so that resources are deployed judiciously and effectively;

(f) While there are many interventions that have a positive impact on student achievement, one intervention, backed by a strong body of research, has consistently been shown to be the most effective in every grade, from kindergarten through twelfth grade;

(g) Studies have consistently shown, in multiple diverse settings, that "high-impact tutoring", also referred to as "high-dosage tutoring", has made significant positive impact on students from all backgrounds, but especially students furthest from opportunity; and

(h) When such tutoring is implemented, students average more than four months of additional learning in elementary literacy, thereby strengthening vital early reading and writing skills, and almost ten months of additional learning in high school math.

(2) Therefore, local education providers should be incentivized to implement high-impact tutoring as one of the interventions schools have access to as they create plans to recover from learning loss or unfinished learning that has taken place because of the pandemic.
C.R.S. § 22-10-105 — CO Code / Title 22 / Article 10 / Part 1 / Section 22-10-105
22-10-105. Evaluation of grants - report
Status: in_force

22-10-105. Evaluation of grants - report. (1) (a) The office shall annually review the information received from adult education and literacy grant recipients to evaluate the effectiveness of the programs that receive grants in meeting the goals set for the programs in the grant applications. The office shall report its conclusions to the state board for purposes of evaluating ongoing grants.

(b) The department may audit the records and accounts of grant recipients relating to grants awarded pursuant to this part 1. An adult education provider shall make the records and accounts available to the department upon request.

(c) (I) The department shall establish reasonable reporting and documentation requirements for providers. An adult education provider's administrative costs associated with reporting and documentation requirements must not exceed ten percent of the awarded funds. The department may require documentation of reported outcomes on a sample of eligible adults served by an adult education provider. An adult education provider shall, at a minimum, report to the department on the following:

(A) The number of eligible adults enrolled in an adult education and literacy program;

(B) Demographic information of each eligible adult enrolled in an adult education and literacy program, including age, gender, race, ethnicity, native language, zip code, and income; and

(C) Literacy skills gained by an eligible adult enrolled in an adult education and literacy program.

(II) Each adult education provider shall report data in compliance with the "Colorado Privacy Act", established pursuant to part 13 of article 1 of title 6; the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g; and the "Student Data Transparency and Security Act", created in article 16 of this title 22.

(2) (a) The office shall prepare an annual report concerning the grant program that, at a minimum, addresses the use, allocation, and outcomes of the grant money, including the effectiveness of each program that receives a grant and the continuing level of unmet need for adult education within the state. In evaluating program outcomes, the office may consider, but need not be limited to considering, student participation, completion, educational attainment, employment, and poverty-reduction data and analysis. The office may use data matching with relevant state agencies to determine post-program participation outcomes, including, but not limited to, employment obtained by an eligible adult enrolled in an adult education and literacy program, future adjustments to an eligible adult's wages based on the eligible adult's participation in an adult education and literacy program, postsecondary credentials earned by an eligible adult, and development of generational skills and the capacity of an eligible adult to support the academic achievements of the eligible adult's children or children for whom the eligible adult provides care. The report must also include an overview of the collaboration efforts of the office, the department of higher education, the department of labor and employment, the community college system, other adult education providers, other postsecondary education or training providers, and other workforce development providers in meeting the state's need for adult education and literacy programs and workforce development.

(b) Notwithstanding section 24-1-136 (11)(a)(I), the office shall submit the report to the governor's office; the state board; the joint budget committee of the general assembly; the education committees of the senate and the house of representatives, or any successor committees; the business, labor, and technology committee of the senate, or any successor committee; and the business, labor, economic, and workforce development committee of the house of representatives, or any successor committee. The office shall also post the report on the department's website for public viewing.
C.R.S. § 22-2-135 — CO Code / Title 22 / Article 2 / Part 1 / Section 22-2-135
22-2-135. Food allergy and anaphylaxis management - rules
Status: in_force

22-2-135. Food allergy and anaphylaxis management - rules. (1) This section shall be known and may be cited as the "Colorado School Children's Food Allergy and Anaphylaxis Management Act".

(2) As used in this section, unless the context otherwise requires, "appropriate staff" means employees of a school whom the principal or equivalent executive in consultation with the school nurse of the school determines to be appropriate recipients of emergency anaphylaxis treatment training, which employees shall include, but need not be limited to, employees who are directly involved during the school day with a student who has a known food allergy.

(3) (a) On or before January 1, 2010, the state board of education, in consultation with the department of public health and environment, shall promulgate rules for the management of food allergies and anaphylaxis among students enrolled in the public schools of the state. The rules shall include, but need not be limited to, the following:

(I) Reasonable accommodations for communication between schools and emergency medical services, including instructions for emergency medical responders;

(II) Reasonable accommodations to reduce the risk of students' exposure to agents that may cause anaphylaxis, including but not limited to exposure that may occur in classrooms, cafeterias, and common areas and during extracurricular activities, field trips, school-sponsored programs occurring before and after regular school hours, and other school-sponsored programs;

(III) The provision of emergency anaphylaxis treatment training for appropriate staff to prepare them to respond appropriately in the event that a student suffers anaphylaxis as a result of an allergic reaction to food, which training shall include but need not be limited to training in the administration of self-injectable epinephrine; and

(IV) Procedures to ensure the availability of a student's self-injectable epinephrine to faculty and administrative staff of the school in the event that a student suffers anaphylaxis and requires emergency medical treatment.

(b) Prior to the beginning of each school year, each school district shall provide notice to a parent or legal guardian of each student enrolled in a school of the school district of the policy adopted by the school district pursuant to section 22-32-139. The notice shall include the standard form developed by the department of public health and environment pursuant to section 25-1.5-109, C.R.S., to allow the parent or legal guardian of a student with a known food allergy to provide the following information to the school's administration:

(I) Documentation regarding the diagnosis and history of the student's food allergy;

(II) Identification of all foods to which the student is known to be allergic;

(III) Identification of any medication that has been prescribed for the student for the treatment of a food allergy or anaphylaxis;

(IV) Any specific signs or symptoms that may indicate the student is having an allergic reaction to a food;

(V) Emergency treatment procedures to employ in the event that the student suffers an allergic reaction to food;

(VI) The names and telephone numbers of persons whom the administration of the student's school should contact in addition to emergency medical personnel in the event that the student suffers an allergic reaction to food; and

(VII) The name, telephone number, and signature of the student's primary health-care provider.

(c) The notice required by paragraph (b) of this subsection (3) shall include language that encourages parents and legal guardians of students for whom medication has been prescribed for treatment of a food allergy or anaphylaxis to give to the school nurse or other administrator of the student's school a supply of the medication.
C.R.S. § 22-104-103 — CO Code / Title 22 / Article 104 / Section 22-104-103
22-104-103. Colorado high-impact tutoring program - created - rules
Status: in_force

22-104-103. Colorado high-impact tutoring program - created - rules. (1) There is created in the department the Colorado high-impact tutoring program to provide grants to local education providers to implement high-impact tutoring programs prioritizing low-income or underserved students to address student learning loss or unfinished learning resulting from the COVID-19 pandemic. A local education provider or group of providers may apply for a grant.

(2) (a) A local education provider awarded a grant shall use the grant money to implement a high-impact tutoring program that is substantially consistent with the local education provider's program plan submitted to the department pursuant to section 22-104-104. Except as provided in subsection (2)(b) of this section, and to the extent practicable, to receive a grant under this program, a local education provider's program plan must address the following elements of research-based, high-quality, high-impact tutoring programs:

(I) Tutoring is provided in groups of four or fewer students;

(II) The same tutor tutors the group of students throughout the school year;

(III) Tutoring is provided a minimum of three times per week;

(IV) Tutoring is implemented throughout the school day, not as a before- or after-school program, and is supplemental to core academic instruction and not a replacement for such instruction;

(V) High-quality trained tutors provide the tutoring, including teachers, paraprofessionals, community providers, AmeriCorps members, and other individuals who have received training;

(VI) The program uses a high-quality curriculum that is aligned with academic standards and may be provided by the local education provider; and

(VII) Tutoring is data-driven, with interim assessments to monitor student progress.

(b) The student benefits associated with high-impact tutoring are greater when the program plan contains all of the elements set forth in subsection (2)(a) of this section. However, if a local education provider's program plan is not consistent with all of the elements set forth in subsection (2)(a) of this section, the local education provider shall include in its application submitted pursuant to section 22-104-104 the reason for the modification or omission of program elements and how the local education provider intends to achieve the same desired student outcomes through its high-impact tutoring program.

(c) Schools implementing high-impact tutoring are encouraged to think creatively about seat time and scheduling so that students have consistent access to non-core-academic instruction.

(3) (a) The department shall determine allowable uses for grant money, which uses may include but need not be limited to hiring or contracting for tutors or providing stipends or other incentives to paraprofessionals, retired teachers, AmeriCorps members, and community organizations to ensure tutoring capacity; developing curriculum and related supplies; covering costs associated with renting or purchasing physical space for tutoring; and covering administrative expenses. A local education provider may make a request to the department to use grant money for purposes other than those specified by the department if the proposed use of the grant money increases the effectiveness of the high-impact tutoring program.

(b) Local education providers are encouraged to offer tutors and other professionals offering tutoring services information about potential pathways into the teaching profession for the district, including learn and earn strategies in which the tutor works toward educator certification while providing high-impact tutoring services.

(c) Local education providers, tutors, and other professionals offering tutoring services shall comply with all state and federal laws relating to health, safety, and antidiscrimination, including but not limited to titles VI and VII of the federal "Civil Rights Act of 1964", Pub.L. 88-352, as amended; the federal"Americans with Disabilities Act of 1990",42 U.S.C. sec. 1201 et seq., as amended; section 504 of the federal"Rehabilitation Act of 1973", 29 U.S.C. sec. 794, as amended; and title IX of the federal"Education Amendments of 1972", 20 U.S.C. secs. 1681 to 1688, as amended.

(4) The department shall implement and administer the program in accordance with this article 104. Pursuant to article 4 of title 24, the state board of education may promulgate rules as necessary to implement the program.
C.R.S. § 22-2-150 — CO Code / Title 22 / Article 2 / Part 1 / Section 22-2-150
22-2-150. Department of education - implementation of oral health screening statewide - re
Status: repealed

22-2-150. Department of education - implementation of oral health screening statewide - report - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) "Oral health screening" means a visual and manual inspection of the mouth that is performed to identify probable oral disease or other oral conditions or risk factors that may require management by oral health professionals.

(b) "Report" means the report of the department of public health and environment concerning the implementation and outcomes of the oral health screening pilot program created in section 25-21.5-104 (3) for oral health screening in kindergarten and third grade, including best practices for expanding future oral health screening activities in kindergarten and third grade.

(2) On or before December 1, 2027, the department shall develop a plan for implementation of oral health screening in kindergarten and third grade in all public schools. In developing the plan, the department shall consider:

(a) The report and any other relevant data and information provided by the department of public health and environment concerning oral health screening;

(b) Feedback from public school professionals, including administrators, school nurses, fiscal staff, and other professionals;

(c) Data and information relating to practices in states that have broad oral health screening programs; and

(d) Any other data or information relevant to the implementation and cost of a statewide oral health screening program in kindergarten and third grade.

(3) The department shall submit its plan for implementation of oral health screening in kindergarten and third grade for all public schools to the house of representatives health and human services committee, the senate health and human services committee, and the joint budget committee, or their successor committees.

(4) This section is repealed, effective July 1, 2033.
C.R.S. § 22-2-138 — CO Code / Title 22 / Article 2 / Part 1 / Section 22-2-138
22-2-138. State environmental education plan - fund created
Status: in_force

22-2-138. State environmental education plan - fund created. (1) Subject to the provisions of subsection (3) of this section, the department, in consultation with the department of natural resources, shall develop and the state board shall adopt a state plan for environmental education. At a minimum, the state plan for environmental education shall address strengthening the reach and coordination of environmental education in public schools and providing to educators professional development in environmental education. The department shall ensure that the state plan for environmental education complies with any requirements imposed by federal law or by regulations adopted by the federal department of education.

(2) (a) The department is authorized to seek, accept, and expend public or private gifts, grants, or donations for the implementation of this section; except that the department may not accept a gift, grant, or donation for the implementation of this section that is subject to conditions that are inconsistent with this section or any other law of the state. The department shall transmit all private and public moneys received through gifts, grants, or donations to the state treasurer, who shall credit the same to the state environmental education fund, which fund is hereby created and referred to in this section as the "fund". The moneys in the fund are continuously appropriated to the department for the direct and indirect costs associated with implementing this section.

(b) Any moneys in the fund not expended for the purpose of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.

(3) The department shall implement the provisions of subsection (1) of this section only if the department receives public or private gifts, grants, or donations in an amount it deems sufficient to offset the costs incurred in creating and adopting the state plan for environmental education.
C.R.S. § 22-54-132 — CO Code / Title 22 / Article 54 / Section 22-54-132
22-54-132. Declining enrollment study - legislative declaration - repeal
Status: repealed

22-54-132. Declining enrollment study - legislative declaration - repeal. (Repealed)
C.R.S. § 22-95.5-101 — CO Code / Title 22 / Article 95.5 / Part 1 / Section 22-95.5-101
22-95.5-101. Definitions
Status: in_force

22-95.5-101. Definitions. As used in this part 1, unless the context otherwise requires:

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

(2) "Eligible student" means a student enrolled in a high school who is a low-income student, as defined in 20 U.S.C. sec. 9832, and who is planning to take one or more advanced placement exams or international baccalaureate exams.

(2.5) "Exam" means an advanced placement exam or an international baccalaureate exam.

(3) "Grant program" means the accelerated college opportunity exam fee grant program created in section 22-95.5-102.

(4) "High school" means any public school that serves grades nine through twelve and has one or more students who plan to take an exam.

(5) "State board" means the state board of education created and existing pursuant to section 1 of article IX of the state constitution.
C.R.S. § 22-82.9-302 — CO Code / Title 22 / Article 82.9 / Part 3 / Section 22-82.9-302
22-82.9-302. Local school food purchasing program - creation - rules
Status: in_force

22-82.9-302. Local school food purchasing program - creation - rules. (1) The local school food purchasing program is created in the department to reimburse participating providers for the purchase of Colorado grown, raised, or processed products pursuant to this section.

(2) (a) A school district, district charter school, institute charter school, board of cooperative services, the Colorado school for the deaf and the blind, an approved facility school or facility, or a residential child care facility may apply to the department to participate in the purchasing program to receive reimbursement for purchase of Colorado grown, raised, or processed products pursuant to this section.

(b) (I) The department shall select participating providers that served fewer than two million one hundred fifty thousand school lunches in the 2023-24 school year. The department shall create a form for participating providers to track and report the Colorado grown, raised, or processed products purchased.

(II) The department shall give preference to applicants that:

(A) Demonstrate a commitment to local purchasing or food and agricultural education;

(B) Have a kitchen with the ability to store, prepare, and serve local food products;

(C) Have greater than twenty-five percent of their students eligible for free or reduced price lunch pursuant to the national school lunch program;

(D) Served fewer than one million two hundred fifty thousand school lunches in the 2023-24 school year count; and

(E) Satisfy any other eligibility requirements established by the department.

(III) To the extent possible, in selecting participating providers, the department shall ensure diversity in geographic location and district pupil count.

(c) On or before August 1 of the year following the participating provider's application, the participating provider shall track and report to the department for the school year in which it applied, and for the 2023-24 school year, the total amount of Colorado grown, raised, or processed products it purchased for student meals and the total number of lunches that it provided to students.

(3) (a) In October 2024, the department shall reimburse each participating provider participating in the purchasing program at least five cents for every school lunch that the participating provider prepared in the 2023-24 school year or a minimum of one thousand dollars, whichever is greater; except that a participating provider is not reimbursed for the amount of value-added processed products that exceeds twenty-five percent of the total of the Colorado grown, raised, or processed products it purchased.

(b) Notwithstanding subsection (3)(a) of this section, the maximum amount of reimbursements that may be awarded in any year is five hundred thousand dollars.

(4) Reimbursement payments made pursuant to this section accrue to the participating provider's nonprofit school food account.

(5) (a) The state board is authorized to adopt rules to implement the purchasing program.

(b) The department is authorized to monitor the purchasing program to ensure program integrity.

(c) The department shall create, distribute, and collect producer and participating provider surveys required pursuant to section 22-82.9-304.

(6) If in any state budget year the department does not expend or encumber the full amount of the appropriation for the purchasing program, up to five percent of the appropriation is available to the department in the next state budget year to pay for the evaluation required pursuant to section 22-82.9-304.
C.R.S. § 22-32-109.8 — CO Code / Title 22 / Article 32 / Section 22-32-109.8
22-32-109.8. Applicants selected for nonlicensed positions - submittal of form and fingerprin
Status: in_force

22-32-109.8. Applicants selected for nonlicensed positions - submittal of form and fingerprints - prohibition against employing persons - department database. (1) Except as otherwise provided in subsection (10) of this section, any person applying to any school district for any position of employment for which a license issued pursuant to article 60.5 of this title 22 is not required and who is selected for such position of employment by such school district shall submit a complete set of fingerprints of such applicant taken by a qualified law enforcement agency, authorized employee of a school district or board of cooperative services and notarized, or any third party approved by the Colorado bureau of investigation in a completed form as specified in subsection (2) of this section. At the request of a school district, a law enforcement agency that has fingerprinting equipment that meets the federal bureau of investigation image quality standards shall take the fingerprints of an applicant pursuant to this section if an approved third-party vendor is not operating within twenty miles of the school district within the law enforcement agency's jurisdiction. A school district employee or board of cooperative services employee may use any fingerprinting equipment that meets the federal bureau of investigation image quality standards. If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the applicant information for more than thirty days unless requested to do so by the applicant. The fingerprints and form must be submitted to the school district at the time requested by such school district.

(2) On a form provided by the school district, a selected applicant shall certify, under penalty of perjury, either:

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

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

(3) In addition to any other requirements established by law, the submittal of fingerprints and the form pursuant to subsection (1) of this section shall be a prerequisite to the employment of a person in a nonlicensed position in a school district, and no person shall be so employed who has not complied with the provisions of subsection (1) of this section.

(4) (a) Any school district to which fingerprints are submitted pursuant to subsection (1) of this section shall forward such fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing the records of the Colorado bureau of investigation and the federal bureau of investigation.

(b) When the results of a fingerprint-based criminal history record check of an applicant performed pursuant to this subsection (4) reveal a record of arrest without a disposition, the school district shall require that applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).

(5) (a) A school district may employ a person in a nonlicensed position in the school district prior to receiving the results regarding the selected applicant's fingerprint-based criminal history record check or name-based judicial record check; however:

(I) The school district may terminate the person's employment if the results are inconsistent with the information provided by the person in the form submitted pursuant to subsection (1) of this section; and

(II) The school district shall terminate the person's employment if the results of a fingerprint-based criminal history record check or name-based judicial record check completed on or after August 10, 2011, disclose a conviction for an offense described in subsection (6.5) of this section.

(b) The school district shall notify the proper district attorney of inconsistent results as described in subparagraph (I) of paragraph (a) of this subsection (5) for purposes of action or possible prosecution.

(6) (a) When a school district finds good cause to believe that a nonlicensed person employed by the school district has been convicted of a felony or misdemeanor other than a misdemeanor traffic offense or traffic infraction subsequent to his or her employment, the school district shall require the person to submit to the school district a complete set of his or her fingerprints taken by a qualified law enforcement agency, an authorized employee of the school district or board of cooperative services, or any third party approved by the Colorado bureau of investigation. At the request of a school district, a law enforcement agency that has fingerprinting equipment that meets the federal bureau of investigation image quality standards shall take the fingerprints of an employee pursuant to this section if an approved third-party vendor is not operating within twenty miles of the school district within the law enforcement agency's jurisdiction. A school district employee or board of cooperative services employee may use any fingerprinting equipment that meets the federal bureau of investigation image quality standards. If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the applicant information for more than thirty days unless requested to do so by the applicant. The fingerprints shall be submitted within twenty days after receipt of written notification from the school district. The school district shall forward the fingerprints of the person to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing the records of the Colorado bureau of investigation and the federal bureau of investigation. If the results of the fingerprint-based criminal history record check completed on or after August 10, 2011, disclose a conviction for an offense described in subsection (6.5) of this section, the school district shall terminate the person's employment.

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

(b) School districts shall not charge nonlicensed personnel any fees for the direct and indirect costs of the school district for fingerprint processing performed pursuant to the provisions of this subsection (6).

(6.5) (a) Except as provided in paragraph (d) of this subsection (6.5), a person employed in or applying to a school district for employment in a nonlicensed position is disqualified from employment if:

(I) The applicant or employee has been convicted of, or convicted of attempt, solicitation, or conspiracy to commit, one of the following offenses:

(A) Felony child abuse, as described in section 18-6-401, C.R.S.;

(B) A crime of violence, as defined in section 18-1.3-406 (2), C.R.S.;

(C) A felony involving unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S.;

(D) Except as provided in paragraph (b) of this subsection (6.5), a felony, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3, C.R.S.;

(E) Except as provided in paragraph (b) of this subsection (6.5), a felony drug offense described in part 4 of article 18 of title 18, C.R.S., committed on or after August 25, 2012;

(F) Felony indecent exposure, as described in section 18-7-302, C.R.S.; or

(G) An offense in any other state, the United States, or any territory subject to the jurisdiction of the United States, which, if committed in this state, would constitute an offense described in sub-subparagraphs (A) to (F) of this subparagraph (I);

(II) The applicant or employee fails to submit fingerprints on a timely basis following receipt of the written request from the school district pursuant to subsection (1) or (6) of this section.

(b) The disqualification from employment pursuant to sub-subparagraphs (D) and (E) of subparagraph (I) of paragraph (a) of this subsection (6.5) shall only apply for a period of five years following the date the offense was committed, and, for the offense described in sub-subparagraph (D) of subparagraph (I) of paragraph (a) of this subsection (6.5), the person shall have successfully completed any domestic violence treatment required by the court prior to employment. An employee terminated from employment solely on the basis of the disqualification contained in sub-subparagraphs (D) and (E) of subparagraph (I) of paragraph (a) of this subsection (6.5) may reapply for employment after five years have passed since the date the offense was committed.

(c) Nothing in this subsection (6.5) shall require a second or subsequent fingerprint-based criminal history record check to be conducted for an employee for whom a fingerprint-based criminal history record check has been completed prior to August 10, 2011.

(d) (I) Notwithstanding the disqualification from employment set forth in this subsection (6.5), a school district may employ a person convicted of an offense listed in sub-subparagraphs (D) and (E) of subparagraph (I) of paragraph (a) of this subsection (6.5) after conducting an assessment of the current safety risk posed by the person.

(II) A person who is or would be disqualified from employment pursuant to sub-subparagraphs (D) and (E) of subparagraph (I) of paragraph (a) of this subsection (6.5) may submit a written request to the school district for reconsideration of the disqualification from employment. Reconsideration shall be based upon the school district's assessment of the current safety risk in hiring the person or in continuing the person's employment after considering:

(A) The seriousness and nature of the disqualifying offense;

(B) The time elapsed since the date the offense was committed;

(C) The nature of the position held or sought by the person; and

(D) Any other relevant information.

(III) The decision of the school district shall be final.

(7) For purposes of this section, a person is deemed to be convicted of committing a felony or misdemeanor as described in this section if the person has been convicted under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States of an unlawful act which, if committed within this state, would be a felony or misdemeanor.

(8) For purposes of this section:

(a) "Convicted" means a conviction by a jury or by a court and shall also include the forfeiture of any bail, bond, or other security deposited to secure appearance by a person charged with a felony or misdemeanor, the payment of a fine, a guilty plea accepted by a court, a plea of nolo contendere, and the imposition of a deferred or suspended sentence by the court.

(a.5) "Nonlicensed" means a person does not hold, or a position of employment does not require, a license issued pursuant to article 60.5 of this title.

(b) "Position of employment" means any job or position in which any person may be engaged in the service of a school district for salary or hourly wages, whether full time or part time and whether temporary or permanent.

(9) All costs arising from the taking of fingerprints and from any fingerprint processing performed by the Colorado bureau of investigation pursuant to the provisions of this section shall be borne by school districts. Except as otherwise provided in paragraph (b) of subsection (6) of this section, school districts may charge such selected applicants a nonrefundable fee in an amount equal to the direct and indirect costs of such school district for the administration of this section. Said fees shall be credited to the fingerprint processing account and shall be used for the purposes set forth in this section and may not be expended by the school district for any other purpose; however, said fees shall not be used for the purposes set forth in subsection (6) of this section. Any moneys in said account which are not expended during a budget year shall be carried forward and budgeted for the purposes set forth in this section in the next budget year. Such fee may be paid by the selected applicant over a period of sixty days after employment.

(10) (a) The provisions of this section shall not apply to any person who is enrolled as a student in any school district and who is applying to the same school district in which such student is enrolled for a position of employment for which a license issued pursuant to article 60.5 of this title is not required.

(b) (Deleted by amendment, L. 2002, p. 974, § 9, effective June 1, 2002.)

(c) Subsections (1) to (4) of this section do not apply to a person who has submitted to a fingerprint-based criminal history record check pursuant to section 22-2-119.3.

(11) (a) Each school district shall submit to the department of education the name, date of birth, and social security number from the human resource electronic data communications and reporting system required by section 22-44-105 (4)(a) for each nonlicensed person employed by the district.

(b) The department of education shall create and maintain a database of all the information submitted pursuant to this subsection (11).

(c) At the beginning of each semester, a school district shall notify the department of education when a nonlicensed employee is no longer employed by the school district, and the department shall purge at least annually the employees' information from the database created pursuant to paragraph (b) of this subsection (11).

(d) On or before August 30 each year, the department of education shall submit a list of all persons employed by each school district in the state for the preceding school year to the Colorado bureau of investigation. The list shall include each employee's name and date of birth.

(12) Nothing in this section shall create for a person a property right in or entitlement to employment or continued employment with a school district or impair a school district's right to terminate employment for a nondiscriminatory reason.
C.R.S. § 22-60.5-208.7 — CO Code / Title 22 / Article 60.5 / Part 2 / Section 22-60.5-208.7
22-60.5-208.7. Teacher of record program - rules - authorization - definition
Status: in_force

22-60.5-208.7. Teacher of record program - rules - authorization - definition. (1) As used in this section, unless the context otherwise requires, "local education provider" means a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22, or a board of cooperative services created and operating pursuant to article 5 of this title 22 that operates a public school.

(2) A local education provider is authorized to implement a one- or two-year teacher of record program and may only employ a teacher of record if the local education provider has determined that there is a critical teacher shortage and if there are no other qualified, licensed applicants for a vacant position. The state board of education shall establish rules and policies governing a teacher of record program established pursuant to this section.

(3) A student employed in a teacher of record program established pursuant to this section shall hold a teacher of record license issued pursuant to section 22-60.5-201 (1)(a.5).

(4) To assist the teacher of record in meeting the quality standards adopted by the state board of education pursuant to section 22-2-109 (3), a teacher of record program must include, at a minimum:

(a) Direct and regular supervision by mentor teachers;

(b) Performance evaluations; and

(c) The teacher preparation program or teacher support services to be provided to teachers of record as agreed upon by the local education provider and the institution of higher education.

(5) A local education provider must include the teacher of record in the local education provider's induction program and other supports provided by the local education provider. If the teacher of record successfully completes an induction program, the teacher of record may apply completion of the induction program toward meeting the requirements for a professional teacher license.

(6) A local education provider shall treat a teacher of record as a first-year teacher for purposes of compensation and placement on a teacher salary schedule.

(7) (a) No later than September 30 each year, the department shall report to the education committees of the house of representatives and the senate, or any successor committees, information relating to teacher of record programs, which information must include, at a minimum:

(I) The number of students participating in a teacher of record program, including the local education providers with whom the students are employed;

(II) The institutions of higher education attended by the students;

(III) The percentage of students who complete a bachelor's degree within the two-year teacher of record license period; and

(IV) Demographic information relating to students who participate in a teacher of record program to gauge the success at recruiting demographically underrepresented groups to the education profession.

(b) Notwithstanding the provisions of section 24-1-136 (11)(a)(I), the department shall report the information described in subsection (7)(a) of this section in each year in which students are participating in teacher of record programs.
C.R.S. § 22-11-211 — CO Code / Title 22 / Article 11 / Part 2 / Section 22-11-211
22-11-211. Performance watch - parent and community meeting - school districts - institute
Status: in_force

22-11-211. Performance watch - parent and community meeting - school districts - institute - public schools. (1) (a) In the third year in which a school district or the institute is accredited with priority improvement plan or lower while on performance watch, the school district or institute, whichever is applicable, shall host a parent and community meeting to discuss the school district's or the institute's accreditation level. The appropriate department personnel shall attend the meeting. The school district or institute personnel and the department personnel shall ensure that the following information is presented at the meeting:

(I) An explanation of the accreditation and accountability system;

(II) The possible outcomes of being on performance watch;

(III) The reasons for which the school district or institute is accredited with priority improvement plan or lower;

(IV) The options immediately available to the school district or institute for improving performance;

(V) The other school options available to students; and

(VI) The actions the state board may require the school district or institute to take if its performance does not significantly improve while on performance watch.

(b) Information concerning ways in which parents and members of the community may support improvement efforts in the public schools of the school district or institute charter schools may also be presented at the parent and community meeting.

(c) Notwithstanding the provisions of subsection (1)(a) of this section to the contrary, a school district, in consultation with the district accountability committee, or the institute may choose to hold the parent and community meeting in the second year in which the school district or institute is accredited with priority improvement plan or lower while on performance watch.

(2) (a) In the third year in which a public school is required to adopt a priority improvement or turnaround plan while on performance watch, the public meeting required in section 22-32-142 (2) for a district public school and section 22-30.5-520 (2) for an institute charter school must include a parent and community meeting for the public school to discuss the level of performance plan that the public school is required to adopt. The appropriate department personnel shall attend the meeting. The school district or institute personnel and the department personnel shall ensure that the information specified in subsection (1)(a) of this section, as it applies to the public school, is presented at the meeting. The school district or institute shall ensure that the educational leaders at the public school and parents of students enrolled in the public school also have an opportunity to present information concerning the public school. Information concerning ways in which parents and members of the community may support improvement efforts in the public school may also be presented at the parent and community meeting.

(b) Notwithstanding the provisions of subsection (2)(a) of this section to the contrary, a school district, on behalf of a public school of the school district, or the institute, on behalf of an institute charter school, may choose to hold the parent and community meeting in the second year in which the public school is required to adopt a priority improvement or turnaround plan while on performance watch. The school district may hold the public meeting in the second year only after consulting with the affected school accountability committee and, in the case of a district charter school, obtaining the consent of the governing board of the district charter school. The institute may hold the public meeting in the second year only with the consent of the governing board of the institute charter school and after consulting with the affected school accountability committee.

(3) (a) A school district shall ensure that local school board members, school district personnel, public school personnel, local parent advocacy organizations, and the general community receive information concerning each parent and community meeting held for the school district or for a public school of the school district.

(b) The institute shall ensure that institute board members, institute and institute charter school personnel, local parent advocacy organizations, and the general community receive information concerning each parent and community meeting held for the institute or for an institute charter school.

(c) Upon the request of a school district or the institute, the department, within existing resources, may provide technical assistance in creating a communication plan for a parent and community meeting for the school district, the institute, or a public school. For a school district or institute meeting, the school district or institute, working with the department, shall individually notify the parents of students enrolled in the public schools of the school district or the institute charter schools of the meeting and invite them to attend. For a public school meeting, the school district or institute shall individually notify the parents of the students enrolled in the public school and invite them to the meeting. The school district or institute shall determine the form of the parental notification in cooperation with the department. If necessary, the department may request proof of distribution to individual parents from the school district or institute.
C.R.S. § 22-30.5-110.3 — CO Code / Title 22 / Article 30.5 / Part 1 / Section 22-30.5-110.3
22-30.5-110.3. Nonrenewal or revocation - qualified charter school - exceptions
Status: in_force

22-30.5-110.3. Nonrenewal or revocation - qualified charter school - exceptions. (1) Notwithstanding the provisions of sections 22-30.5-108 and 22-30.5-110, the provisions of this section shall apply if:

(a) A chartering local board of education determines that the charter of a qualified charter school, as defined in section 22-30.5-408 (1)(c), will be revoked or will not be renewed; and

(b) The qualified charter school has financed capital construction with revenues from bonds issued on behalf of the qualified charter school by the Colorado educational and cultural facilities authority created in section 23-15-104 (1)(a), C.R.S., pursuant to section 22-30.5-407.

(2) (a) If a chartering local board of education makes a determination to revoke or not renew the charter of a qualified charter school and subsection (1) of this section applies, the chartering local board of education shall notify the state treasurer and the commissioner of education immediately upon such determination. Upon receipt of such notice, the commissioner shall suspend the revocation or nonrenewal of the charter until such time as the state treasurer, the commissioner, and the Colorado educational and cultural facilities authority determine, with the chartering local board of education and the qualified charter school, whether an alternative exists to such revocation or nonrenewal of the charter.

(b) A chartering local board of education shall not be required to suspend a revocation or nonrenewal of a charter pursuant to paragraph (a) of this subsection (2) for more than one hundred twenty days after the date that the commissioner of education and the state treasurer received notice of the determination to revoke or not renew the charter pursuant to paragraph (a) of this subsection (2) or sixty days after the action of the state board pursuant to section 22-30.5-108 (3)(a), whichever is later.

(3) The state treasurer, commissioner of education, chartering local board of education, charter school, and Colorado educational and cultural facilities authority may pursue the following:

(a) The conversion of the qualified charter school from a school of the chartering district to an institute charter school;

(b) The reorganization of the qualified charter school and application to the initial chartering local board of education or the state charter school institute for approval as a charter school with the condition that the newly approved charter school will assume the bond obligations of the former qualified charter school pursuant to section 22-30.5-407; or

(c) Any other alternative deemed feasible by the state treasurer, the commissioner of education, the Colorado educational and cultural facilities authority, the chartering local board of education, and the qualified charter school.

(4) Nothing in this section shall be construed to prevent the chartering local board of education from revoking or not renewing the charter of a qualified charter school pursuant to section 22-30.5-110.
C.R.S. § 22-54-139 — CO Code / Title 22 / Article 54 / Section 22-54-139
22-54-139. Additional funding for schools - use of retail marijuana sales tax revenue trans
Status: in_force

22-54-139. Additional funding for schools - use of retail marijuana sales tax revenue transferred to state public school fund - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Large rural district" means a district in Colorado that the department of education determines is rural, based on the geographic size of the district and the distance of the district from the nearest large, urbanized area, and that had a funded pupil count for the prior budget year of one thousand pupils or more but fewer than six thousand five hundred pupils.

(b) "Per pupil distribution amount" means:

(I) For a large rural district, an amount equal to thirty million dollars multiplied by the percentage specified in subsection (2)(a) of this section and then divided by the sum of the total funded pupil count for the prior budget year of all large rural districts; and

(II) For a small rural district, an amount equal to thirty million dollars multiplied by the percentage specified in subsection (2)(b) of this section and then divided by the sum of the total funded pupil count for the prior budget year of all small rural districts;

(c) "Small rural district" means a district in Colorado that the department of education determines is rural, based on the geographic size of the district and the distance of the district from the nearest large, urbanized area, and that had a funded pupil count for the prior budget year of fewer than one thousand pupils.

(2) For the 2017-18 budget year, all of the gross retail marijuana sales tax proceeds transferred from the general fund to the state public school fund created in section 22-54-114 (1) as required by section 39-28.8-203 (1)(b)(I.3)(B) is appropriated from the state public school fund to the department for monthly distribution to each large rural district and each small rural district for the purpose of improving student learning and the educational environment, including but not limited to loan forgiveness for educators and staff, technology, and transportation, as follows:

(a) Fifty-five percent of the money is allocated to large rural districts and distributed to each large rural district in an amount equal to the per pupil distribution amount multiplied by the large rural district's funded pupil count for the prior budget year for proportional apportionment to every school in the district based on the number of students enrolled in each school for the prior budget year; and

(b) Forty-five percent of the money is allocated to small rural districts and distributed to each small rural district in an amount equal to the per pupil distribution amount multiplied by the small rural district's funded pupil count for the prior budget year for proportional apportionment to every school in the district based on the number of students enrolled in each school for the prior budget year.

(3) For the 2019-20 budget year and for each budget year thereafter, the general assembly may appropriate all or any portion of the gross retail marijuana sales tax proceeds transferred from the general fund to the state public school fund created in section 22-54-114 (1) during the prior budget year as required by section 39-28.8-203 (1)(b)(I.5)(B) to the department to meet the state's share of the total program of all districts and funding for institute charter schools.
C.R.S. § 22-30.5-115 — CO Code / Title 22 / Article 30.5 / Part 1 / Section 22-30.5-115
22-30.5-115. Construction of article - severability
Status: in_force

22-30.5-115. Construction of article - severability. If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this article that can be given effect without the invalid provision or application, and to this end the provisions of this article are declared to be severable.
C.R.S. § 22-20-118.5 — CO Code / Title 22 / Article 20 / Part 1 / Section 22-20-118.5
22-20-118.5. Child find - responsibilities - interagency operating agreements
Status: in_force

22-20-118.5. Child find - responsibilities - interagency operating agreements. (1) As of July 1, 2022, the department of early childhood shall administer part C child find pursuant to part 4 of article 3 of title 26.5; except that, beginning May 1, 2022, and continuing until July 1, 2022, the department of human services shall administer the referral intake process for part C child find evaluations.

(2) On or before July 1, 2022, the department shall establish a state-level interagency operating agreement, referred to in this section as the "agreement", with the department of early childhood concerning the coordination of transitions of children from part C child find to part B child find. In developing the agreement, the department and the department of early childhood shall involve stakeholder participation, including representatives from administrative units and part C entities. The agreement must also include:

(a) The definition of a child who is potentially eligible for part B;

(b) The processes for a parent of a child to opt out of required notifications;

(c) The required notification concerning a child who is potentially eligible for part B;

(d) A process for resolving disputes between an administrative unit and a part C entity concerning the satisfaction of agreement requirements, including remedies and sanctions;

(e) A process for resolving disputes between the department and the department of early childhood concerning systemic and statewide issues related to agreement requirements;

(f) The development and delivery of standardized communication materials for a parent of a child who is potentially eligible for part B, including information concerning eligibility, referral, evaluation, and service delivery;

(g) The development and delivery of standardized training for part C and part B providers, including information concerning eligibility, referral, evaluation, and service delivery for the programs;

(h) The process for transferring a child's assessment, IFSP, and other necessary information to an administrative unit for consideration of a part B evaluation and eligibility determination, if a parent has provided written consent;

(i) (I) Processes to ensure timely notification to the administrative unit if a child is potentially eligible for part B. At a minimum, timely notification must occur not later than when a child is two years and six months of age; except that timely notification must occur not later than when a child is two years and three months of age if a child has a low incidence diagnosis including, but not limited to, visual impairment, including blindness; hearing impairment, including deafness; or deaf-blind.

(II) If a child is determined to be eligible for part C when the child is older than the ages described in subsection (2)(i)(I) of this section, timely notification must occur not later than ten business days after the eligibility determination.

(j) A process for including an administrative unit representative in a transition conference for a child who transitions from part C to part B;

(k) A process for including an early intervention services provider in the development of an IEP, if requested by the parent of the child; and

(l) A process for timely transferring data that is required by law between the department and the department of early childhood.

(3) The department and the department of early childhood shall review and revise the agreement to account for any changes to state or federal law, as necessary. At a minimum, the agreement must be reviewed once every five years. In the review and revision of the agreement, the department and the department of early childhood shall involve stakeholder participation, including representatives from administrative units and part C entities.