C.R.S. § 22-60.5-107 — CO Code / Title 22 / Article 60.5 / Part 1 / Section 22-60.5-107
22-60.5-107. Grounds for denying, annulling, suspending, or revoking license, certificate, en
Status: repealed

22-60.5-107. Grounds for denying, annulling, suspending, or revoking license, certificate, endorsement, or authorization - definitions. (1) If any person obtains or attempts to obtain any license, certificate, endorsement, or authorization pursuant to the provisions of this article through misrepresentation or fraud or through misleading information or an untruthful statement submitted or offered with the intent to misrepresent or mislead or to conceal the truth, such license, certificate, endorsement, or authorization may be annulled or denied by the department of education in the manner prescribed in section 22-60.5-108.

(2) Any license, certificate, endorsement, or authorization may be denied, annulled, suspended, or revoked in the manner prescribed in section 22-60.5-108, notwithstanding the provisions of subsection (1) of this section:

(a) When the holder has been determined to be mentally incompetent by a court of competent jurisdiction and a court has entered, pursuant to part 3 or part 4 of article 14 of title 15 or section 27-65-109 (4) or 27-65-127, C.R.S., an order specifically finding that the mental incompetency is of such a degree that the holder is incapable of continuing to perform his or her job; except that the license, certificate, endorsement, or authorization held by a person who has been determined to be mentally incompetent and for whom such an order has been entered shall be revoked or suspended by operation of law without a hearing, notwithstanding the provisions of section 22-60.5-108;

(b) When the applicant or holder is convicted of, pleads nolo contendere to, or receives a deferred sentence for a violation of any one of the following offenses:

(I) Misdemeanor sexual assault as described in section 18-3-402, C.R.S.;

(II) Misdemeanor unlawful sexual conduct as described in section 18-3-404, C.R.S.;

(III) Misdemeanor sexual assault on a client by a psychotherapist as described in section 18-3-405.5, C.R.S.;

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

(V) Repealed.

(VI) A misdemeanor, the underlying factual basis of which has been found by the court on the record to involve domestic violence, as defined in section 18-6-800.3 (1), C.R.S., and the conviction is a second or subsequent conviction for the same offense;

(VII) Contributing to the delinquency of a minor as described in section 18-6-701, C.R.S.;

(VII.5) A misdemeanor committed under the laws of the United States, another state, a municipality of another state, or any territory subject to the jurisdiction of the United States, the elements of which are substantially similar to sexual exploitation of children as described in section 18-6-403 (3)(b.5), C.R.S.; or

(VIII) A crime under the laws of the United States, another state, a municipality of this state or another state, or any territory subject to the jurisdiction of the United States, the elements of which are substantially similar to one of the offenses described in subparagraphs (I) to (VII) of this paragraph (b);

(c) When the applicant or holder is found guilty of or upon the court's acceptance of a guilty plea or a plea of nolo contendere to a misdemeanor violation of any law of this state or another state, any municipality of this state or another state, or the United States or any territory subject to the jurisdiction of the United States involving the illegal sale of controlled substances, as defined in section 18-18-102 (5), C.R.S.;

(d) When the applicant or holder is found guilty of a felony, other than a felony described in subsection (2.5) or (2.6) of this section, or upon the court's acceptance of a guilty plea or a plea of nolo contendere to a felony, other than a felony described in subsection (2.5) or (2.6) of this section, in this state or, under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States, of a crime which, if committed within this state, would be a felony, other than a felony described in subsection (2.5) or (2.6) of this section, when the commission of said felony, in the judgment of the state board of education, renders the applicant or holder unfit to perform the services authorized by his or her license, certificate, endorsement, or authorization;

(e) When the applicant or holder has received a disposition or an adjudication for an offense involving what would constitute a physical assault, a battery, or a drug-related offense if committed by an adult and the offense was committed within the ten years preceding the date of application for a license, certificate, endorsement, or authorization pursuant to this article;

(f) When the applicant or holder has forfeited any bail, bond, or other security deposited to secure the appearance by the applicant or holder who is charged with having committed a felony or misdemeanor, has paid a fine, has entered a plea of nolo contendere, or has received a deferred or suspended sentence imposed by the court for any offense described in subparagraph (I) or (II) of paragraph (a) of subsection (2.5) of this section or in subsection (2.6) of this section.

(2.5) (a) A license, certificate, endorsement, or authorization shall be denied, annulled, suspended, or revoked in the manner prescribed in section 22-60.5-108, notwithstanding the provisions of subsection (1) of this section to the contrary, in the following circumstances:

(I) When the applicant or holder is convicted of one of the following offenses:

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

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

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

(D) Except as provided in paragraph (c) of this subsection (2.5), 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) A felony offense in another state, the United States, or territory subject to the jurisdiction of the United States, the elements of which are substantially similar to the elements of one of the offenses described in sub-subparagraphs (A) to (D) of this subparagraph (I);

(II) When the applicant or holder is convicted of indecent exposure, as described in section 18-7-302, C.R.S., or of a crime under the laws of another state, a municipality of this or another state, the United States, or a territory subject to the jurisdiction of the United States, the elements of which are substantially similar to the offense of indecent exposure described in this subparagraph (II);

(III) When the applicant or holder has received a disposition or an adjudication for an offense that would constitute felony unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S., if committed by an adult; or

(IV) When the applicant or holder fails to submit fingerprints on a timely basis after receipt of the written request from the department of education pursuant to section 22-60.5-103 (6)(a).

(b) For purposes of this subsection (2.5), "convicted" or "conviction" means a conviction by a jury verdict or by entry of a verdict or acceptance of a guilty plea or a plea of nolo contendere by a court.

(c) The grounds for mandatory denial, annulment, suspension, or revocation of a license, certificate, endorsement, or authorization pursuant to sub-subparagraph (D) of subparagraph (I) of paragraph (a) of this subsection (2.5) shall only apply for a period of five years following the date the offense was committed, provided the applicant or holder has successfully completed any domestic violence treatment required by the court.

(2.6) (a) In addition to the offenses described in subsection (2.5) of this section, the state board of education shall deny, annul, suspend, or revoke a license, certificate, endorsement, or authorization if the applicant for or holder of the license, certificate, endorsement, or authorization is convicted of a felony drug offense described in part 4 of article 18 of title 18, committed on or after August 25, 2012, or is convicted of an offense under the laws of another state, the United States, or any territory subject to the jurisdiction of the United States, committed on or after June 11, 2021, the elements of which are substantially similar to a felony drug offense described in part 4 of article 18 of title 18. The requirement that the state board of education deny, annul, suspend, or revoke a license, certificate, endorsement, or authorization shall only apply for a period of five years following the date the offense was committed.

(b) This subsection (2.6) does not limit the authority of the state board of education to deny, annul, suspend, or revoke a license, certificate, endorsement, or authorization if the applicant or holder is convicted of a felony drug offense described in part 4 of article 18 of title 18, committed prior to August 25, 2012, or is convicted of an offense under the laws of another state, the United States, or any territory subject to the jurisdiction of the United States, committed prior to June 11, 2021, the elements of which are substantially similar to a felony drug offense described in part 4 of article 18 of title 18.

(c) As used in this subsection (2.6), "convicted" or "conviction" means a conviction by a jury verdict or by entry of a verdict or acceptance of a guilty plea or a plea of nolo contendere by a court.

(2.7) Notwithstanding any other provision of subsection (2.5) of this section to the contrary, if the state board determines a person who held a license, certificate, endorsement, or authorization prior to June 6, 1991, has been convicted of an offense described in subsection (2.5) of this section, the state board may annul, suspend, or revoke a license, certificate, endorsement, or authorization in the manner prescribed in section 22-60.5-108, unless the holder was previously afforded the rights set forth in section 22-60.5-108 with respect to the offense and the holder received or retained his or her license, certificate, endorsement, or authorization as a result.

(3) A certified copy of the judgment of a court of competent jurisdiction of a conviction, the acceptance of a guilty plea, a plea of nolo contendere, or a deferred sentence shall be conclusive evidence for the purposes of paragraphs (b) and (c) of subsection (2) of this section. A certified copy of the judgment of a court of competent jurisdiction of a conviction or the acceptance of a guilty plea shall be conclusive evidence for the purposes of subsections (2.5) and (2.6) of this section. Upon receipt of a certified copy of the judgment, the department of education may take immediate action to deny, annul, or suspend any license, certificate, endorsement, or authorization without a hearing, notwithstanding the provisions of section 22-60.5-108. The department of education may revoke a suspended license based on a violation of paragraph (b) or (c) of subsection (2) of this section and shall revoke a suspended license based on a violation of subsection (2.5) or (2.6) of this section without a hearing and without any further action, after the exhaustion of all appeals, if any, or after the time for seeking an appeal has elapsed, and upon the entry of a final judgment.

(4) (a) The department of education may deny, annul, suspend, or revoke any license, certificate, endorsement, or authorization if the state board finds and determines that the applicant or holder thereof is professionally incompetent or guilty of unethical behavior.

(b) The state board of education shall promulgate appropriate rules defining the standards of unethical behavior and professional incompetency. Unethical behavior must include conduct involving a sexual act between an applicant or holder and a student, including a student who is eighteen years of age or older, regardless of whether the student consented to the sexual act.

(c) For purposes of this subsection (4), unless the context otherwise requires:

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

(II) "Student" means any person enrolled at the school where the employee is employed at the time of the unethical behavior, but does not include another student.

(5) The state board of education shall promulgate appropriate rules defining the standards of unethical behavior and professional incompetency.

(6) The state board of education may promulgate, pursuant to the provisions of the "State Administrative Procedure Act", article 4 of title 24, C.R.S., such rules as it may deem necessary to establish procedures for the filing and investigation of complaints alleging conduct that, if true, may establish grounds for denying, annulling, revoking, or suspending an educator license or certificate.

(7) In the manner prescribed in section 22-60.5-108, the department of education may suspend a license, certificate, endorsement, or authorization when the holder, without good cause, resigns or abandons his or her contracted position with a school district without giving the written notice required by section 22-63-202 (2)(b).

(8) When an applicant's or holder's license is denied, annulled, suspended, or revoked pursuant to subsection (2.5), (2.6), or (4) of this section, the department of education shall post the name of the person and basis for the denial, annulment, suspension, or revocation on its website.

(9) In furtherance of its duties under this section and section 22-60.5-103, the department of education may conduct a search on the ICON system at the state judicial department, as defined in section 24-33.5-102 (3), C.R.S., and may use any other available source of criminal history information the department of education deems appropriate, including obtaining records from any law enforcement agency and juvenile delinquency records pursuant to section 19-1-304, C.R.S.
C.R.S. § 22-51-104 — CO Code / Title 22 / Article 51 / Section 22-51-104
22-51-104. Methods of determining reimbursement entitlement
Status: repealed

22-51-104. Methods of determining reimbursement entitlement. (1) Except as otherwise provided in subsection (1.5) of this section, for financial aid in providing pupil transportation, for entitlement periods ending on June 30, 1988, and thereafter, each school district, the state charter school institute, and each facility school shall have a reimbursement entitlement in an amount determined as follows:

(a) Thirty-seven and eighty-seven one-hundredths cents for each mile traveled by vehicles operated by or for the school district, the institute, or the facility school in providing pupil transportation during the entitlement period. The number of miles traveled shall be determined by the state board of education based upon information submitted pursuant to section 22-51-105.

(b) Thirty-three and eighty-seven one-hundredths percent of any amount by which the school district's, the institute's, or the facility school's current operating expenditures for pupil transportation during the entitlement period exceeded the school district's, institute's, or facility school's reimbursement entitlement under the provisions of paragraph (a) of this subsection (1); and

(c) Not more than sixty percent of the costs of contracts entered into by a school district pursuant to section 22-32-110 (1)(w) or entered into by the state charter school institute or a facility school for the purpose of conserving fuel or reducing operating or capital expenditures, or both, for pupil transportation under public transportation programs which comply with the code of federal regulations, title 49, parts 390 to 397, or successor regulations thereto. Reimbursement entitlements under this paragraph (c) shall not be greater than those the school district, the institute, or the facility school would otherwise receive if it operated its own vehicles or contracted for the exclusive transportation of pupils.

(1.5) (a) Repealed.

(b) Notwithstanding the provisions of subsection (1) of this section, for entitlement periods ending on June 30, 1989, and thereafter, a school district, the state charter school institute, and a facility school shall not receive a reimbursement entitlement in an amount which is less than its reimbursement entitlement for the preceding entitlement period. For purposes of this paragraph (b), the reimbursement entitlement for the preceding entitlement period shall be the amount to which the school district, the institute, or the facility school would have been entitled under the formula in subsection (1) of this section, and not the amount it actually received for the preceding entitlement period, if different from the amount under said formula.

(2) In no event shall the reimbursement entitlement of a school district, the institute, or a facility school under the provisions of subsection (1) of this section for any entitlement period exceed ninety percent of the total amount expended by the school district, the institute, or the facility school during said entitlement period for current operating expenditures for pupil transportation.

(3) For financial aid in providing board allowances in lieu of transportation, each school district and the institute shall have a reimbursement entitlement for an entitlement period for each pupil who is temporarily residing during said entitlement period for the purpose of attending school at a place nearer the school of attendance than the student's permanent residence, and for whom the district or the institute has paid a board allowance in lieu of furnishing transportation, in the amount of one dollar for each day such board was paid by the district or the institute.
C.R.S. § 22-20-108 — CO Code / Title 22 / Article 20 / Part 1 / Section 22-20-108
22-20-108. Determination of disability - enrollment
Status: in_force

22-20-108. Determination of disability - enrollment. (1) (a) The determination that a child has a disability and is eligible for special education services shall be made by a multidisciplinary team that shall include, at a minimum, the parent of the child and professionally qualified personnel designated by the responsible administrative unit or state-operated program. The composition of the multidisciplinary team and the procedures to be used for determining a child's eligibility for special education services shall be prescribed by rules promulgated by the state board pursuant to this part 1.

(b) The development of an IEP for a child with a disability and determination of educational placement shall be made by the child's IEP team, including but not limited to the child's parent and qualified professional personnel designated by the responsible administrative unit or state-operated program. The composition of the IEP team and the procedures to be used for developing the child's IEP shall be prescribed by rules promulgated by the state board pursuant to this part 1.

(2) (Deleted by amendment, L. 2006, p. 325, § 8, effective August 7, 2006.)

(3) (a) In the event of a dispute between the parents of a child with a disability and an administrative unit or state-operated program, the parents or the administrative unit or state-operated program shall have the same rights to an impartial due process hearing as are provided in the IDEA and the federal regulations, 34 CFR part 300, implementing the act. To request a due process hearing, the parents of a child with a disability or the administrative unit or state-operated program shall simultaneously file complete copies of the due process complaint with the opposing party and with the commissioner of education or his or her designee to ensure the timely assignment of an impartial hearing officer.

(b) If a due process hearing is requested pursuant to paragraph (a) of this subsection (3), the department shall provide the hearing in compliance with the requirements and provisions of IDEA and the federal regulations, 34 CFR part 300, implementing the act, including but not limited to the requirements governing due process complaints, resolution meetings, impartial due process hearing procedures, hearing rights, timelines, hearing decisions, and civil actions.

(c) The findings and decision made by the department shall be final. Any party aggrieved by the department's findings and decision has the right to bring a civil action pursuant to the provisions of IDEA and the federal regulations, 34 CFR 300.516 (a), implementing the act.

(4) Each child determined to have a disability by the multidisciplinary team pursuant to paragraph (a) of subsection (1) of this section shall be provided with an IEP developed by the child's IEP team pursuant to paragraph (b) of subsection (1) of this section and shall be reviewed annually. The IEP for each child enrolled in a school district or an institute charter school shall specify whether the child shall achieve the content standards adopted by the district in which the child is enrolled or by the state charter school institute or whether the child shall achieve individualized standards which would indicate the child has met the requirements of his or her IEP. For each child attending school in an approved facility school or state-operated program, the IEP shall specify whether the child shall achieve state or local content standards, or whether the child shall achieve individualized standards which would indicate that the child has met the requirements of his or her IEP. When a child with a disability is to be placed outside of the district of residence, the receiving agency, institution, administrative unit, state-operated program, or approved facility school providing the special education services shall cooperate in the development of the IEP. The IEP shall be coordinated with all individual plans required by other federal or state programs in order to provide for maximum coordination of service to the child with a disability, which may include the provision of appropriate special education services for the child with a disability, by agreement or contract with public agencies, nonprofit organizations, or approved facility schools. Any court of record, the department of human services, or any other public agency authorized by law to place a child in a facility shall notify in writing the child's administrative unit of residence, the administrative unit in which the child will receive special education services, and the department of such placement within fifteen calendar days after the placement. An administrative unit of residence that disapproves of the placement shall do so in writing pursuant to subsection (8) of this section.

(4.5) (a) In developing the IEP pursuant to subsection (4) of this section for a child who is blind or visually impaired, in addition to any other requirements established by the state board, the IEP team shall assess and determine which literacy mode or modes would be most appropriate for the child's instruction. The IEP for a child who is blind or visually impaired shall specify the following:

(I) How the selected literacy mode or modes will be implemented as the child's primary or secondary mode for achieving literacy and why such mode or modes have been selected;

(II) How the child's instruction in the selected literacy mode or modes will be integrated into educational activities;

(III) The date on which the child's instruction in the selected mode or modes shall commence, the amount of instructional time to be dedicated to each literacy mode, and the service provider responsible for each area of instruction; and

(IV) The level of competency in the selected literacy mode or modes which the child should achieve by the end of the period covered by the IEP.

(b) A child who is blind or visually impaired shall not be denied the opportunity for instruction in braille solely because the child has some remaining vision. Any child for whom instruction in braille is determined to be beneficial shall receive such instruction as part of such child's IEP.

(c) If the IEP team determines that a child's IEP shall include instruction in braille, such instruction shall be sufficient to enable the child to read and write effectively and efficiently at a level commensurate with the child's sighted peers of comparable physical and cognitive abilities and grade level.

(d) If the IEP team determines that a child's IEP shall include instruction in braille, the child shall receive such instruction from a teacher who can demonstrate competence in reading and writing braille according to standards to be established by the state board.

(e) Nothing in this subsection (4.5) shall require an administrative unit, a state-operated program, or an approved facility school to expend additional resources or hire additional personnel to implement the provisions of this section.

(f) The department shall develop guidelines for caseload management for instructors of children who are blind or visually impaired in the schools of the administrative units. Such guidelines will evaluate how much instructional time should be allotted for children who are blind or visually impaired, will reflect the varying levels of severity of such children's needs, and will be renewed and updated on a periodic basis to incorporate current research and practice.

(4.7) (a) In developing an IEP pursuant to subsection (4) of this section for a child who is deaf or hard of hearing, in addition to any other requirements established by the state board, the IEP team shall consider the related services and program options that provide the child with an appropriate and equal opportunity for communication access. The IEP team shall consider the child's specific communication needs and, to the extent possible under paragraph (g) of this subsection (4.7), address those needs as appropriate in the child's IEP. In considering the child's needs, the IEP team shall expressly consider the following:

(I) The child's individual communication mode or language;

(II) The availability to the child of a sufficient number of age, cognitive, and language peers of similar abilities;

(III) The availability to the child of deaf or hard-of-hearing adult models of the child's communication mode or language;

(IV) The provision of appropriate, direct, and ongoing language access to teachers of the deaf and hard of hearing and educational interpreters and other specialists who are proficient in the child's primary communication mode or language; and

(V) The provision of communication-accessible academic instruction, school services, and extracurricular activities.

(b) To enable a parent to make informed decisions concerning which educational options are best suited to the parent's child, all of the educational options provided by the administrative unit, state-operated program, or approved facility school and available to the child at the time the child's IEP is prepared shall be explained to the parent.

(c) A child who is deaf or hard-of-hearing shall not be denied the opportunity for instruction in a particular communication mode or language solely because:

(I) The child has some remaining hearing;

(II) The child's parents are not fluent in the communication mode or language being taught; or

(III) The child has previous experience with some other communication mode or language.

(d) Nothing in this subsection (4.7) shall preclude instruction in more than one communication mode or language for any particular child. Any child for whom instruction in a particular communication mode or language is determined to be beneficial shall receive such instruction as part of the child's IEP.

(e) Notwithstanding the provisions of subparagraph (II) of paragraph (a) of this subsection (4.7), nothing in this subsection (4.7) may be construed to require that a specific number of peers be provided for a child who is deaf or hard of hearing.

(f) Nothing in this subsection (4.7) shall abrogate parental choice among public educational programs as provided in section 22-20-109 or article 30.5 or 36 of this title or as otherwise provided by law.

(g) Nothing in this subsection (4.7) shall require an administrative unit to expend additional resources or hire additional personnel to implement the provisions of this subsection (4.7).

(4.8) In developing an IEP pursuant to subsection (4) of this section for a child who is an English language learner, in addition to any other requirements established by the state board, the IEP shall consider the related services and program options that provide the child with an appropriate and equal opportunity for communication access. Communication access must include access to effective communication pursuant to Title II of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12131 et seq., as amended. The IEP team shall consider the child's specific communication needs and, to the extent possible, address those needs as appropriate in the child's IEP. In considering the child's needs, the IEP team may translate or contract with a translation service provider to translate any IEP draft documents into the dominant language spoken in the home of the child's parent, guardian, or legal custodian. Upon request of the child's parent, guardian, or legal custodian, the IEP team shall translate or contract with a translation service provider to translate the final IEP document into a written translation or an oral recording in the dominant language spoken in the home of the child's parent, guardian, or legal custodian. The IEP team shall verbally inform the child's parent, guardian, or legal custodian of the right to request translation services.

(5) In formulating recommendations for the least restrictive environment for a child with a disability, the IEP team shall:

(a) Determine, utilizing guidelines recommended by the department, whether the nature or severity of the child's disability is such that education in general education classes with the use of supplementary aids and services cannot be achieved satisfactorily or, when provided with supplementary aids and services, the nature or severity of the child's disability is so disruptive that the education of other children in such classes would be significantly impaired;

(b) Work cooperatively with the department of human services, when applicable; and

(c) Be guided by the legislative declaration contained in section 22-20-102.

(5.5) The administrative unit or state-operated program shall consider the cost to the administrative unit or state-operated program when choosing between two or more appropriate educational placements.

(6) (Deleted by amendment, L. 2011, (HB 11-1077), ch. 30, p. 78, § 7, effective August 10, 2011.)

(7) (a) If an out-of-district placement by an administrative unit appears to be necessary, it is the responsibility of the child's IEP team of the administrative unit of residence to determine whether the child requires a more restrictive setting based on the unique needs of the child. It is the responsibility of the special education director of the administrative unit of residence to place the child in the least restrictive environment consistent with the educational placement decision of the IEP team.

(b) If it becomes necessary for a court or public agency to place a child in a public placement:

(I) Prior to such public placement, the court or public agency shall work cooperatively with the affected administrative unit or units, as defined by rules promulgated by the state board pursuant to this article, to ensure that appropriate special education services are available for the child;

(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (b), the court or public agency may make the public placement without first cooperating with the affected administrative unit or units if an emergency public placement is required for the child.

(c) In no event shall the public agency place a child in an administrative unit or approved facility school that is unable to ensure the provision of special education services that are appropriate for the child. The costs of educating the child shall be the responsibility of the school district of residence, and the school district shall pay tuition costs in accordance with section 22-20-109.

(8) Notwithstanding the provisions of paragraph (c) of subsection (7) of this section, if a court or public agency makes a public placement but fails to comply with the notification requirements of subsection (4) of this section, the court or public agency shall be responsible for the tuition costs for the child until such time as the required notification is made. If a child's administrative unit of residence does not provide written notice of disapproval of a placement in a facility by a court or a public agency within fifteen calendar days after the notification made pursuant to subsection (4) of this section, the placement shall be deemed to be approved. An administrative unit of residence may disapprove a placement in a facility by a court or public agency only on the basis of the unavailability of appropriate special education services in the administrative unit in which the child will be placed. If the administrative unit of residence disapproves the placement in the facility, it shall ensure that the child receives a free appropriate public education until an appropriate placement can be determined. If the administrative unit of residence disapproves the placement in the facility, the disapproval shall be subject to appeal as provided for in subsection (3) of this section.

(9) If a teacher of a child with a disability determines that the child's presence in a general education classroom is so disruptive that other children's learning in the class is significantly impaired, the teacher may utilize the district's or the state charter school institute's regular in-school disciplinary procedure unless it would be inconsistent with the child's IEP or with the IDEA's student discipline protections for children with disabilities. Alternatively, the teacher may request a review of the child's IEP, behavior plan, or both to consider changes in services or educational placement. In making any such determination for educational placement or a plan of discipline for the child, the IEP team shall apply the rules promulgated by the state board regarding IEP reviews and school discipline procedures and protections for children with disabilities as specified by the IDEA and its implementing regulations.

(10) (Deleted by amendment, L. 2006, p. 325, § 8, effective August 7, 2006.)
C.R.S. § 22-35-104 — CO Code / Title 22 / Article 35 / Section 22-35-104
22-35-104. Enrollment in an institution of higher education - cooperative agreement
Status: in_force

22-35-104. Enrollment in an institution of higher education - cooperative agreement. (1) (a) (I) Beginning in the 2020-21 school year and in each school year thereafter, each local education provider that enrolls students in grades nine through twelve shall provide qualified students the opportunity to concurrently enroll in postsecondary courses, including academic courses and career and technical education courses, which may include course work related to apprenticeship programs or internship programs, as provided in this article 35. The local education provider may determine the manner in which concurrent enrollment opportunities are provided.

(II) A qualified student enrolled in a high school of a school district who applies to and receives approval from the superintendent of the school district or the superintendent's designee, or a qualified student enrolled in a district charter school, an institute charter school, or a high school of a BOCES who applies to and receives approval from the chief administrator of the district charter school, an institute charter school, or a high school of a BOCES, pursuant to subsection (2) of this section may register with and concurrently enroll in an institution of higher education in accordance with the provisions of this article 35. A superintendent, the superintendent's designee, or the chief administrator of a school shall not unreasonably deny a qualified student approval to concurrently enroll in postsecondary courses pursuant to this article 35. A local education provider may expand its ability to provide access to concurrent enrollment opportunities as provided in section 23-1-109 (6).

(III) Except as described in subsections (1)(c) and (1)(d) of this section and sections 22-35-108 and 22-35-109, a local education provider shall not limit the number of postsecondary courses, including academic courses and career and technical education courses, which may include course work related to apprenticeship programs or internship programs, in which a qualified student may concurrently enroll during the ninth, tenth, eleventh, or twelfth grade, except to the degree that the local education provider is unable to provide access to the postsecondary courses due to technological capacity.

(b) (I) Each local education provider shall annually notify all students and parents or legal guardians of students enrolled in the local education provider of the opportunity for concurrent enrollment by qualified students in postsecondary courses, including academic courses and career and technical education courses, including course work related to apprenticeship programs and internship programs. The notice provided pursuant to this subsection (1)(b)(I) must include the local education provider's timelines affecting student eligibility for concurrent enrollment courses and a statement informing students that they may significantly reduce their college expenses, increase the likelihood that they will complete college, and earn marketable workforce skills by taking concurrent enrollment courses. In providing notice of concurrent enrollment opportunities, a local education provider and an institution of higher education shall not refer to enrollment in a program or course as concurrent enrollment if the program or course does not meet the definition of concurrent enrollment or if the conditions of enrollment do not meet the requirements specified in this section.

(II) At least six weeks prior to the beginning of the enrollment period for postsecondary concurrent enrollment courses, the local education provider shall provide to each student and the parent or legal guardian of the student written notice, which notice may be sent electronically, of all postsecondary courses offered for concurrent enrollment at no tuition cost to the qualified student or the qualified student's parent or legal guardian at the local education provider's facility, options for enrolling in concurrent enrollment courses at no tuition cost to the qualified student or the qualified student's parent or legal guardian at an institution of higher education's facility, any anticipated cost to the qualified student for fees or books for those courses, and the number and transferability of course credits that a qualified student may earn by enrolling in the concurrent enrollment courses.

(III) At the time of enrollment, each local education provider shall notify the qualified student and the qualified student's parent or legal guardian of the number and transferability of the postsecondary credits the qualified student may earn by completing the concurrent enrollment course, including whether the credits apply toward completion of developmental education courses, whether the credits apply to one or more approved postsecondary career and technical education programs, whether the credits are approved by the department of higher education for transfer from a two-year institution to a four-year institution in satisfaction of prerequisite courses for a specific major, whether the credits are approved for statewide transfer pursuant to section 23-1-125, and whether the credits are part of a statewide degree transfer agreement pursuant to section 23-1-108 (7)(a).

(IV) The notice described in subsection (1)(b)(III) of this section must include information about other postsecondary courses available to the qualified student through concurrent enrollment at no cost to the qualified student that are credit-bearing and applicable toward earning a degree or certificate at the institution of higher education offering the course or at another institution of higher education if the course is approved for statewide transfer pursuant to section 23-1-125.

(V) The institution of higher education that offers a postsecondary course through concurrent enrollment shall inform the local education provider as to the number and transferability of the course credits and any anticipated costs for fees or books for the course.

(b.5) In addition to the notice requirements specified in subsection (1)(b) of this section, beginning in the 2021-22 school year, each local education provider shall collaborate with the community college system in providing concurrent enrollment information as described in section 23-60-202.7 (4) to the parents of students enrolled in grades six through eight.

(c) Notwithstanding the provisions of subsection (1)(a) of this section, beginning with the 2022-23 school year and for school years thereafter, a qualified student may concurrently enroll in a developmental education course only if the student is included within the enrolling institution's developmental education enrollment limitation specified in section 23-1-113.3 (1)(a)(I). A qualified student may enroll in gateway courses in English or mathematics, as defined in section 23-1-113 (11)(b.5), with additional supports, if needed, through supplemental academic instruction, as defined in section 23-1-113 (11)(e).

(d) Notwithstanding the provisions of subsection (1)(a) of this section, if a qualified student is not a participant in the ASCENT or TREP program and has not satisfied the minimum requirements for graduation established by his or her local education provider by the end of his or her twelfth-grade year and is therefore retained by the local education provider for additional instruction, the qualified student shall not concurrently enroll in postsecondary courses, including academic or career and technical education courses, which may include course work related to apprenticeship programs or internship programs, that are worth more than a total of nine credit hours, including gateway courses, 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). Furthermore, the qualified student shall not concurrently enroll in more than:

(I) Six credit hours of postsecondary courses, including academic courses and career and technical education courses, which may include course work related to apprenticeship programs or internship programs, in any academic semester if the student is registered as a full-time pupil in his or her local education provider; or

(II) Three credit hours of postsecondary courses, including academic courses and career and technical education courses, which may include course work related to apprenticeship programs or internship programs, in any academic semester if the student is registered as a part-time pupil in his or her local education provider.

(e) Except as described in paragraphs (c) and (d) of this subsection (1) and sections 22-35-108 and 22-35-109, the state board by rule shall not limit the number of postsecondary courses, including academic courses and career and technical education courses, which may include course work related to apprenticeship programs or internship programs, in which a qualified student may concurrently enroll during the ninth, tenth, eleventh, or twelfth grade.

(2) (a) (I) A qualified student enrolled in a high school of a school district who seeks to concurrently enroll in an institution of higher education shall apply to the superintendent of the student's school district, or the superintendent's designee, for approval of concurrent enrollment not later than sixty days before the end of the academic term that immediately precedes the intended term of concurrent enrollment; except that a superintendent or superintendent's designee may waive the time limitation at his or her discretion.

(II) A qualified student enrolled in a district charter school, an institute charter school, or a high school of a BOCES who seeks to concurrently enroll in an institution of higher education shall apply to the chief administrator of the district charter school, institute charter school, or high school of a BOCES for approval of concurrent enrollment no later than sixty days before the end of the academic term that immediately precedes the intended term of concurrent enrollment; except that the chief administrator may waive the time limitation at his or her discretion.

(III) In applying for concurrent enrollment approval, a qualified student shall use the standard application form created and made publicly available by his or her local education provider pursuant to paragraph (c) of this subsection (2).

(b) If a superintendent of a school district, the superintendent's designee, or a chief administrator of a district charter school, institute charter school, or high school of a BOCES receives a timely application from a qualified student pursuant to subsection (2)(a) of this section, the superintendent, superintendent's designee, or chief administrator of a district charter school, institute charter school, or high school of a BOCES shall approve or disapprove the application and notify the student of the decision. In considering applications, the superintendent, designee, or chief administrator shall give priority consideration to qualified students who, by the time they would concurrently enroll, will have completed the high school graduation requirements and are applying for concurrent enrollment to begin earning credits toward a postsecondary degree or certificate.

(c) On or before July 1, 2011, and thereafter, each local education provider that has entered into a cooperative agreement shall create and make publicly available a standard concurrent enrollment application form for use by a qualified student pursuant to this subsection (2). In creating the application form, the local education provider shall refer to the guidelines established by rules promulgated by the state board pursuant to section 22-35-111 (1)(a). The application form shall require, at a minimum, a qualified student to specify the courses in which he or she seeks to concurrently enroll.

(3) A qualified student who seeks to concurrently enroll in an institution of higher education shall establish, in consultation with the administration of the qualified student's local education provider, an academic plan of study that describes all of the courses that the qualified student intends to complete to satisfy the qualified student's remaining requirements for graduation from the local education provider, or for a qualified student who receives transition services, an academic plan of study that describes all of the courses that the qualified student intends to complete to satisfy the qualified student's remaining postsecondary goals outlined in the qualified student's individualized education program. Prior to the qualified student's concurrent enrollment in the institution of higher education, the principal, a counselor, or a teacher advisor of the qualified student's local education provider shall approve the academic plan of study. In approving an academic plan of study, a principal, counselor, or teacher advisor shall apply the guidelines established by rules promulgated by the state board pursuant to section 22-35-111 (1)(b).

(4) (a) A qualified student who intends to concurrently enroll in a postsecondary course, including an academic course or a career and technical education course, at an institution of higher education shall satisfy the minimum prerequisites for the course prior to his or her enrollment in the course.

(b) If a qualified student who has applied for concurrent enrollment in a postsecondary course, including an academic course or a career and technical education course, has not satisfied the minimum prerequisites for the course, he or she may concurrently enroll in a gateway course, 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).

(c) An institution of higher education that refuses to allow a qualified student to concurrently enroll in a course for which the student has not satisfied the minimum prerequisites may allow the student to concurrently enroll in another course for which the student appears to be prepared.

(5) (a) A course, including coursework related to an apprenticeship program or internship program that a qualified student successfully completes through concurrent enrollment at an institution of higher education counts for credit toward the qualified student's high school graduation requirements at the qualified student's local education provider; except that a qualified student who receives transition services and who successfully completes a course must earn credit toward the postsecondary goals identified in the qualified student's individualized education program.

(b) Upon a qualified student's successful completion of a concurrent enrollment course, the qualified student must receive credit that applies to the completion of high school graduation requirements, or a qualified student who receives transition services must earn credit that is applied to the postsecondary goals identified in the qualified student's individualized education plan. Upon completion of the concurrent enrollment course, the qualified student must earn postsecondary credit as described in subsection (6)(b)(II) of this section that applies toward completion of developmental courses or toward earning a certificate or degree through an approved postsecondary career and technical education program, is approved by the department of higher education for transfer from a two-year institution to a four-year institution in satisfaction of prerequisite courses for a specific major, is approved for statewide transfer pursuant to section 23-1-125, or is approved as part of a statewide degree transfer agreement pursuant to section 23-1-108 (7)(a).

(6) (a) A local education provider that seeks to allow students to concurrently enroll in postsecondary courses, including academic courses and career and technical education courses, which may include course work related to apprenticeship programs and internship programs, at an institution of higher education shall enter into a cooperative agreement with the institution of higher education.

(b) A cooperative agreement must include, but need not be limited to:

(I) The amount and transferability of academic credit to be granted for course work successfully completed by a qualified student concurrently enrolled in the institution of higher education;

(II) A requirement that course work completed by a qualified student through concurrent enrollment at the institution of higher education qualify as a gateway course, as defined in section 23-1-113 (11)(b.5), with academic instruction credit or academic credit that applies toward completion of developmental education courses, toward earning a certificate or degree awarded through an approved postsecondary career and technical education program, is approved by the department of higher education for transfer from a two-year institution to a four-year institution in satisfaction of prerequisite courses for a specific major, is approved for statewide transfer pursuant to section 23-1-125, or is part of a statewide degree transfer agreement pursuant to section 23-1-108 (7)(a);

(III) A requirement that the local education provider pay the tuition for each course completed by a qualified student through concurrent enrollment at the institution of higher education in an amount that shall be negotiated by the local education provider and the institution pursuant to the provisions of section 22-35-105 (3);

(IV) A requirement that the local education provider and the institution of higher education establish an academic program of study for each qualified student who concurrently enrolls in the institution, which academic program of study shall include the academic plan of study established pursuant to subsection (3) of this section and a plan by which the local education provider shall make available to the student ongoing counseling and career planning;

(IV.5) Provisions pursuant to which the local education provider and the institution of higher education may share student contact and academic information to facilitate the qualified student's concurrent enrollment and the recording of the qualified student's academic performance in the concurrent enrollment course;

(V) A confirmation by the local education provider of the qualified student's uniquely identifying student number, which shall be retained by the institution of higher education for the purposes described in section 23-18-202 (5)(c)(I)(B), C.R.S.;

(VI) Language authorizing the payment of stipends from the college opportunity fund program, part 2 of article 18 of title 23, C.R.S., on behalf of the qualified student; except that a cooperative agreement need not include this language if the institution of higher education that is a party to the cooperative agreement does not receive stipends from the college opportunity fund program;

(VII) Consideration and identification of ways in which qualified students who concurrently enroll in postsecondary courses, including academic courses or career and technical education courses, which may include course work related to apprenticeship programs and internship programs, can remain eligible for interscholastic high school activities; and

(VIII) Other financial provisions that the local education provider and the institution of higher education may elect to include in the agreement pursuant to the provisions of section 22-35-105 (5).

(c) An institution of higher education that enters into a cooperative agreement with a local education provider shall provide a copy of the cooperative agreement to the department of higher education, which shall retain the copy. If the cooperative agreement contemplates the provision of career and technical education courses, which may include course work related to apprenticeship programs or internship programs, to qualified students, the institution shall also provide a copy of the cooperative agreement to the state board for community colleges and occupational education, which shall retain the copy.

(7) A postsecondary instructor shall not be required to hold a teacher's license or authorization issued pursuant to the provisions of article 60.5 of this title in order to instruct a qualified student who is concurrently enrolled in a course offered by an institution of higher education.

(8) (a) A district charter school may elect to allow a qualified student of the district charter school to concurrently enroll pursuant to the provisions of a cooperative agreement that is entered into by either:

(I) The school district of the district charter school and an institution of higher education; or

(II) The district charter school and an institution of higher education.

(b) If a district charter school elects to allow a qualified student of the district charter school to concurrently enroll pursuant to the provisions of a cooperative agreement that is entered into by the school district of the district charter school and an institution of higher education:

(I) The district charter school shall be responsible for paying the tuition for each course that is completed by the qualified student pursuant to the cooperative agreement; and

(II) The qualified student of the district charter school shall not concurrently enroll unless, not later than sixty days before the end of the academic term that immediately precedes the intended term of concurrent enrollment, he or she applies for approval of concurrent enrollment from the superintendent of the school district or his or her designee, and the superintendent or his or her designee grants such approval or waives this time limitation, as described in subsection (2) of this section.

(c) If a district charter school elects to allow a qualified student of the district charter school to concurrently enroll as described in subparagraph (I) or (II) of paragraph (a) of this subsection (8), nothing in this article shall be interpreted to entitle the district charter school to any moneys from the school district of the district charter school other than those moneys to which the district charter school is entitled pursuant to the provisions of this title.

(d) The authorizing school district of a district charter school shall not prohibit the district charter school from allowing qualified students of the district charter school to concurrently enroll, subject to the approval of the superintendent or his or her designee as provided in subsection (8)(b)(II) of this section, pursuant to the provisions of a cooperative agreement that is entered into by the school district and an institution of higher education.

(9) A student who concurrently enrolls at an institution of higher education pursuant to this article shall not be disqualified or otherwise rendered ineligible for any state-based financial assistance for which he or she would otherwise be eligible as an entering student at the institution.

(10) (a) Each public institution of higher education is strongly encouraged to allow the concurrent enrollment of qualified students pursuant to this article.

(b) Nothing in this article shall be interpreted to require an institution of higher education to allow the concurrent enrollment of qualified students pursuant to this article or to require an institution of higher education to enter into a cooperative agreement with a local education provider; except that an institution of higher education that elects to allow the concurrent enrollment of a qualified student pursuant to this article shall enter into a cooperative agreement with the local education provider of the student as described in subsection (6) of this section.

(11) On or before January 1, 2010, the department shall explore strategies by which the state may provide opportunities for children who are participating in a home-based educational program pursuant to section 22-33-104.5 to participate in a concurrent enrollment program.

(12) On and after July 1, 2012, except as provided in section 22-35-110 (4), the concurrent enrollment of a student is prohibited except as permitted by the provisions of this article.

(13) Notwithstanding any other provision of this article, a qualified student shall not concurrently enroll in a course that is offered by a postsecondary career and technical education program, including a course that is related to an apprenticeship program or internship program, unless the course is included in a postsecondary degree or certificate program that is approved by the state board for community colleges and occupational education.

(14) If a qualified student concurrently enrolls in a course that is provided by a postsecondary career and technical education program, including a course that is related to an apprenticeship program or internship program, the instructor of the course must possess a current career and technical education teaching credential that has been authorized by the state board for community colleges and occupational education.

(15) A local education provider that offers courses for concurrent enrollment that are taught by employees of the local education provider may contract with another local education provider to allow qualified students enrolled by the contracting local education provider to participate in the concurrent enrollment courses.
C.R.S. § 22-11-302 — CO Code / Title 22 / Article 11 / Part 3 / Section 22-11-302
22-11-302. School district accountability committee - powers and duties
Status: in_force

22-11-302. School district accountability committee - powers and duties. (1) Each school district accountability committee has the following powers and duties:

(a) To recommend to its local school board priorities for spending school district moneys. Whenever the school district accountability committee recommends spending priorities, it shall make reasonable efforts to consult in a substantive manner with the school accountability committees of the school district. The local school board shall consider the school district accountability committee's recommendations in adopting the school district budget for each fiscal year pursuant to article 44 of this title.

(b) To advise its local school board concerning preparation of, and annually submit to the local school board recommendations regarding the contents of, a district performance, improvement, priority improvement, or turnaround plan, whichever is required based on the school district's accreditation category. In advising and preparing the recommendations, the school district accountability committee shall make reasonable efforts to consult in a substantive manner with the school accountability committees of the school district and shall compile and submit to the local school board the school performance, improvement, priority improvement, and turnaround plans submitted by the school accountability committees pursuant to sections 22-11-403 to 22-11-406.

(c) If the local school board receives a charter school application, to review the charter application prior to consideration by the local school board as provided in section 22-30.5-107 (1);

(d) To provide input and recommendations on an advisory basis to principals concerning the development and use of assessment tools used for the purpose of measuring and evaluating student academic growth as it relates to teacher evaluations;

(e) To consider input and recommendations from the school accountability committee of each school of the school district to facilitate the evaluation of the performance of the school's principal for the purposes of article 9 of this title;

(f) To provide input to the local school board concerning the creation and enforcement of its school conduct and discipline code;

(g) To increase the level of parent engagement in the school district and in the public schools of the school district, especially the engagement of parents of students in the populations described in section 22-11-301 (3). The committee's activities to increase parent engagement must include, but need not be limited to:

(I) Publicizing opportunities to serve and soliciting parents to serve on the school district accountability committee and school accountability committees. In soliciting parents to serve on the school district and school accountability committees, the school district accountability committee shall direct the outreach efforts to help ensure that the parents who serve on the district and school accountability committees reflect the student populations that are significantly represented within the school district and the school, as provided in section 22-11-301 (3).

(II) Assisting the school district in implementing the parent engagement policy adopted by the local school board pursuant to section 22-32-142; and

(III) Assisting school personnel to increase parents' engagement with educators, including but not limited to parents' engagement in creating students' READ plans pursuant to part 12 of article 7 of this title, in creating individual career and academic plans pursuant to section 22-32-109 (1)(oo), and in creating plans to address habitual truancy pursuant to section 22-33-107 (3).

(h) To meet at least quarterly to discuss whether school district leadership, personnel, and infrastructure are advancing or impeding implementation of the school district's performance, improvement, priority improvement, or turnaround plan, whichever is applicable, or other progress pertinent to the school district's accreditation contract.

(2) The local school board and the school district accountability committee shall, at least annually, cooperatively determine the areas and issues, in addition to budget issues, that the school district accountability committee shall study and concerning which the committee may make recommendations to the local school board.

(3) Notwithstanding any provision of subsection (1) of this section to the contrary, the district accountability committee for a school district is not required to implement the requirements specified in paragraph (g) of subsection (1) of this section if the department determines that the school district is rural, based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area, and the school district enrolls fewer than one thousand students in kindergarten through twelfth grade.
C.R.S. § 22-7-802 — CO Code / Title 22 / Article 7 / Part 8 / Section 22-7-802
22-7-802. Definitions
Status: repealed

22-7-802. Definitions. As used in this part 8, unless the context otherwise requires:

(1) Repealed.

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

(3) "Eligible student" means a student who will begin fifth, sixth, seventh, or eighth grade in the next academic year and who has received an unsatisfactory proficiency level score on the state reading, writing, or mathematics assessment administered pursuant to section 22-7-1006.3 for the preceding academic year.

(4) "Grant program" means the summer school grant program created in section 22-7-803.

(5) "State board" means the state board of education created pursuant to section 1 of article IX of the state constitution.
C.R.S. § 22-2-305 — CO Code / Title 22 / Article 2 / Part 3 / Section 22-2-305
22-2-305. Data dictionary - legislative declaration - creation - contents - report
Status: in_force

22-2-305. Data dictionary - legislative declaration - creation - contents - report. (1) (a) The general assembly finds that there is a need for consistency in electronic data submission protocols and requirements to allow school districts and public schools to submit data for multiple reports in one transaction. Under the existing data submission system, school districts and public schools are often forced to report data that is known to be incorrect because of an existing inability to correct or resubmit data through the current data technology system. The general assembly finds that the priority in data collection and submission must be the efficient collection and use of accurate, relevant data.

(b) The general assembly finds therefore that, with the creation and implementation of a data dictionary, the department may bring consistency and greater accuracy to the data elements collected from school districts and public schools and increase the efficiency of education data submission and collection by not collecting the same data elements more often than necessary.

(2) (a) The department shall develop and distribute to the school districts and public schools a data dictionary to define the data the department will collect and the methods and protocols by which school districts and public schools will submit the data. At a minimum, the data dictionary shall include the following items:

(I) A map of the current data collection requirements, including the definition of each data element, when each data element is collected, identification of the external reports for which each data element is used, and identification of the method by which each data element is collected;

(II) A description of the format for data submission, acceptable values in data submission, the available options for dealing with data fields for which the submitting school district or public school does not have information, and logical comparisons to prior reports;

(III) Identification of data relationships;

(IV) Data element tables; and

(V) Identification of data element locations within data access tools.

(b) In developing the data dictionary, the department shall seek and apply input from school districts, public schools, and the EDAC. In addition, the department shall ensure that the data elements included in the data dictionary are aligned with the descriptions and definitions of data elements that are used by national education organizations such as the federal department of education and other organizations that set national education standards and ratings.

(3) On or before August 1, 2007, the department shall report the status of the data dictionary to the state board, the education committees of the senate and house of representatives, or any successor committees, the governor, school districts, and the EDAC. At a minimum, the report shall include:

(a) A description of how many school districts and public schools were involved in the process of creating the data dictionary, the extent to which the EDAC was involved in the process, and the manner of the school districts', public schools', and the EDAC's involvement;

(b) An explanation of the department's methods and considerations in creating the data dictionary, including the extent to which the department considered models from other states;

(c) An explanation of the manner in which school districts and public schools will access the data dictionary; and

(d) The method by and frequency with which the department plans to review and update the data dictionary.

(4) The department shall ensure that the data dictionary is fully operational and available for use on or before October 1, 2007.

(5) The general assembly finds and declares that, for purposes of section 17 of article IX of the state constitution, the creation and implementation of the data dictionary pursuant to this section is an important element of accountability reporting and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
C.R.S. § 22-1-110 — CO Code / Title 22 / Article 1 / Section 22-1-110
22-1-110. Effect of use of alcohol and controlled substances to be taught
Status: in_force

22-1-110. Effect of use of alcohol and controlled substances to be taught. The nature of alcoholic drinks and controlled substances, as defined in section 18-18-102 (5), C.R.S., and special instruction as to their effects upon the human system in connection with the several divisions of the subject of physiology and hygiene, as to the physical, emotional, psychological, and social dangers of their use with an emphasis upon the nonuse of such substances by school-age children, and as to the illegal aspects of their use shall be included in the branches of study taught to school-age children during grades kindergarten through twelve in the public schools of the state. They shall be studied and taught, as thoroughly and in the same manner as other like required branches are taught in said schools, by the use of instructional materials and strategies designated by the board of directors of the respective school districts.
C.R.S. § 22-7-1009.3 — CO Code / Title 22 / Article 7 / Part 10 / Section 22-7-1009.3
22-7-1009.3. Diploma endorsement - science, technology, engineering, and mathematics - defini
Status: in_force

22-7-1009.3. Diploma endorsement - science, technology, engineering, and mathematics - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Granting local education provider" means a local school board, BOCES, district charter high school, or institute charter high school that chooses to grant a STEM diploma endorsement to a student who demonstrates mastery in the STEM disciplines as described in this section.

(b) "STEM" means the combination of the disciplines of science, technology, engineering, and mathematics.

(2) A local education provider may grant a diploma endorsement in STEM to a graduating high school student who demonstrates mastery in the STEM disciplines. To obtain an endorsement in STEM, a graduating student must:

(a) Meet the minimum high school graduation requirements at a high level of proficiency as specified by the granting local education provider;

(b) Successfully complete, with a grade point average of at least 3.5 on a 4.0 scale or the equivalent for a higher scale, a coherent sequence of at least four courses in the areas of science, technology, engineering, and mathematics as determined by the granting local education provider, which courses are in addition to the minimum graduation requirements in these areas;

(c) Demonstrate proficiency in mathematics by:

(I) Achieving a score of twenty-eight or higher on the mathematics portion of the ACT college readiness assessment;

(II) Achieving a score of six hundred or higher on the mathematics portion of the college readiness assessment provided by the College Board, commonly known as the SAT;

(III) Achieving a score of five or higher on the mathematics portion of the international baccalaureate test;

(IV) Achieving a score of four or higher on the advanced placement mathematics assessment;

(V) Achieving a score of one hundred or higher on the suite of tests that assesses reading, writing, mathematics, and computer skills provided by the College Board for college placement purposes, commonly known as the Accuplacer; or

(VI) Achieving a score of eighty-five or higher on the armed services vocational aptitude battery test used for military enlistment; and

(d) Successfully complete a final capstone project, which is a culminating exhibition of the student's project or experience that demonstrates academic and intellectual learning. To successfully complete a final capstone project, the student must achieve a high proficiency level of mastery, as set by the granting local education provider, for each of the following competencies:

(I) Inquiry-based learning, which is demonstrated through the capstone project by asking questions and defining problems;

(II) Creative problem-solving, which is demonstrated through the capstone project by developing and applying scientific and mathematical models to explain complex ideas and solutions;

(III) Experimentation, which is demonstrated through the capstone project by planning and carrying out investigations;

(IV) Critical thinking, which is demonstrated through the capstone project by analyzing and interpreting data and communicating conclusions;

(V) Deductive and inductive reasoning, which is demonstrated through the capstone project by using mathematics and computational thinking;

(VI) Understanding of engineering principles, which is demonstrated through the capstone project by constructing explanations and designing solutions; and

(VII) Effective communication skills, which are demonstrated through the capstone project by engaging in argument from evidence.

(3) Each granting local education provider shall work with STEM-related business and industrial leaders identified by the local education provider within the surrounding communities and with appropriate institutions of higher education to establish the high proficiency levels of mastery that a student must demonstrate in each of the competencies described in subsection (2)(d) of this section.

(4) Each granting local education provider shall annually provide to students enrolled in grades six through twelve and their parents information concerning the requirements for obtaining the STEM diploma endorsement.
C.R.S. § 22-20-201 — CO Code / Title 22 / Article 20 / Part 2 / Section 22-20-201
22-20-201. Legislative declaration
Status: in_force

22-20-201. Legislative declaration. (1) The general assembly, recognizing the obligation of the state of Colorado to provide educational opportunities to all children that will enable them to lead fulfilling and productive lives, declares that the purpose of this part 2 is to provide means for identifying and educating those children who are gifted.

(2) It is the intent of the general assembly that:

(a) Evidence-based practices support instruction and the social and emotional development of gifted children; and

(b) Each gifted child is educated in a rigorous learning environment and culture that develops the child's areas of exceptionality and coordinates programs and services among available support systems.

(3) The general assembly further finds and declares that traditional assessment methods may not adequately identify some gifted children, including children from all socioeconomic, ethnic, and cultural populations and gifted children who also have disabilities. It is therefore the general assembly's intent that the state board, the department, and every administrative unit include all student groups in each administrative unit's procedures for identifying gifted children and for developing educational programs that include gifted children.

(4) The general assembly declares that, for purposes of section 17 of article IX of the state constitution, gifted education programs are accountable programs to meet state academic standards and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
C.R.S. § 22-5-119 — CO Code / Title 22 / Article 5 / Section 22-5-119
22-5-119. Statewide supplemental online and blended learning program - contract - legislat
Status: in_force

22-5-119. Statewide supplemental online and blended learning program - contract - legislative declaration - definitions. (1) The short title of this section is the "Empowering Digital Learning for All Act".

(2) (a) (I) The general assembly finds that:

(A) The overwhelming influence of the rapidly evolving use of technology and the internet will render high-quality remote digital educational content almost cost-free after a period of declining costs. Access to digital content and educational courses is already an essential part of the higher education system but is not widely applied in elementary and secondary education. While some school districts have been able to keep pace with the changing context of public education, most have not.

(B) The scope of the coming change in the delivery of public education services is massive and more far-reaching than the currently available constructs of online learning or blended learning. The scope of the change is such that the advances that the technology revolution brings must be equally available to students throughout Colorado who choose a blended learning environment.

(C) The public education system must take advantage of this opportunity to significantly improve statewide educational equity by delivering educational services through the digital learning environment. It is likely that failure to embrace this change in the delivery of public education services will lead to a decline in the equity and quality of the system of public education in Colorado.

(D) Colorado lacks a clearly articulated and accepted vision and plan to implement the shift in delivering educational services to a digital environment, which must occur to adequately prepare students for postsecondary success. It is crucial that the state identify a single public entity to provide leadership in designing and implementing a statewide plan for increasing the availability of supplemental online educational courses and blended learning for school districts, charter schools, and BOCES.

(II) It is therefore in the best interests of the state to increase its investment in the expansion of affordable, high-quality supplemental online education courses and blended learning support for school districts, charter schools, and BOCES, especially those that lack the capacity to develop their own supplemental online education course offerings, by subsidizing the provision of supplemental online education courses, professional development, and technical assistance to implement supplemental online and blended learning statewide.

(III) Due to its experience in assisting school districts with supplemental online education courses and blended learning in Colorado, it is further in the best interests of the state to designate a BOCES to articulate the statewide plan for supplemental online and blended learning and to lead, manage, and administer the statewide supplemental online and blended learning program in accordance with this section.

(b) The general assembly declares that the amount necessary to implement the statewide supplemental online and blended learning program may be appropriated from federal mineral leasing revenues transferred to the state public school fund pursuant to section 34-63-102, C.R.S., and section 22-54-114 (1).

(c) The general assembly further declares that, for purposes of section 17 of article IX of the state constitution, the statewide supplemental online and blended learning program is an important element in implementing accountable education reform and enabling school districts, charter schools, and BOCES to meet state academic standards and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.

(3) As used in this section, unless the context otherwise requires:

(a) "Administering BOCES" means the BOCES that the department designates as provided in subsection (4) of this section.

(b) "Blended learning" means a formal education program through which a student learns at least in part through digital content with some element of student control and at least in part at a supervised physical location that is not the student's home.

(c) "BOCES" means a board of cooperative services created pursuant to this article.

(d) "Charter school" means a district charter school authorized pursuant to part 1 of article 30.5 of this title or an institute charter school authorized pursuant to part 5 of article 30.5 of this title.

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

(f) "Local public education agency" means a school district, BOCES, or charter school.

(g) "Provider" means a nonprofit entity or a local public education agency that provides:

(I) Supplemental online education courses that are taught by employees of the provider who are teachers licensed in Colorado pursuant to article 60.5 of this title;

(II) Professional development resources for teachers; or

(III) Consulting services for school districts, charter schools, and BOCES with regard to providing supplemental online education courses and blended learning.

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

(i) "Statewide supplemental online and blended learning program" or "program" means the program described in subsection (4) of this section.

(j) "Supplemental online education course" means an education course that is:

(I) Taught by a teacher who is licensed pursuant to article 60.5 of this title;

(II) Delivered via a technologically enhanced format to one or more students at a location that is remote from the delivery point; and

(III) Developed by a school district, charter school, or BOCES or obtained from a provider to augment the education program provided by the school district, charter school, or BOCES.

(4) (a) The department, in consultation with the statewide association of BOCES, shall designate a BOCES to lead, manage, and administer the statewide supplemental online and blended learning program as provided in this section. In administering the program, the BOCES, subject to available appropriations, shall select and contract with providers in accordance with subsection (6) of this section to provide the resources described in paragraph (b) of subsection (5) of this section. At least every five years, the department, in consultation with the statewide association of BOCES, shall review the designation of the administering BOCES and may continue the designation or select a different BOCES.

(b) The administering BOCES shall manage and administer the program to achieve, at a minimum, the following goals:

(I) Expanding the availability of supplemental online education courses and blended learning strategies;

(II) Increasing significantly the number of students who enroll in high-quality, effective, and affordable supplemental online education courses;

(III) Working with school districts, charter schools, and BOCES to create, offer, and sustain their own high-quality, effective, and affordable supplemental online education courses and blended learning, as well as targeted professional development and mentoring support;

(IV) Assisting educators in local public education agencies to increase their competency specifically in using digital learning strategies to lead and instruct in, and otherwise implement, digital learning; and

(V) Documenting and sharing best practices in providing supplemental online education courses and blended learning.

(5) (a) In leading the statewide supplemental online and blended learning program, the administering BOCES, in partnership with the commissioner of education, the state board of education, and one or more private, nonprofit entities, shall prepare a plan for integrating supplemental online and blended learning into the educational programs provided by school districts, charter schools, and BOCES. Each school district, charter school, and BOCES may determine the extent to which it participates in the statewide plan.

(b) The administering BOCES shall ensure that, through the program, all school districts, charter schools, and BOCES in the state have access to:

(I) Supplemental online and blended learning resources, including, at a minimum, supplemental online education courses available from contract providers or from a school district, charter school, or BOCES and a library of digital course content;

(II) Professional development resources for teachers, including resources for certifying teachers' ability to successfully integrate supplemental online and blended learning resources into school-building-based educational programs; and

(III) Consulting assistance for school districts, charter schools, and BOCES that choose to use supplemental online and blended learning for students, including an inventory of successful models for integrating supplemental online education courses and blended learning into school-building-based educational programs.

(c) The administering BOCES shall actively market to school districts, charter schools, and BOCES the availability of resources through the statewide supplemental online and blended learning program.

(d) The administering BOCES may enter into an agreement with the statewide internet portal authority created in article 37.7 of title 24, C.R.S., to provide the platform for accessing services and programs available through the statewide supplemental online and blended learning program.

(6) (a) The administering BOCES shall establish a fair and transparent request for proposal process to use when selecting providers to provide resources as described in paragraph (b) of subsection (5) of this section through the statewide supplemental online and blended learning program. The request for proposal process must include input from a review committee as described in paragraph (b) of this subsection (6) that the administering BOCES convenes as needed.

(b) The review committee consists of:

(I) A representative from the administering BOCES;

(II) A representative from the office in the department responsible for online and blended learning;

(III) The following members selected jointly by the administering BOCES and the department:

(A) A national expert in online and blended learning;

(B) An administrator from a school that is designated an alternative education campus as provided in section 22-7-604.5; and

(C) An administrator from a school that obtains online or blended services through the program; and

(IV) Two educators as follows:

(A) One educator appointed by the governor, or his or her designee, who has experience with supplemental online education or blended learning; and

(B) One educator selected by the department who is employed in a small rural school district. The department is encouraged to select an educator who has experience with supplemental online education or blended learning.

(c) The review committee shall review all proposals using established rubrics and shall recommend one or more providers for approval to the administering BOCES. If the administering BOCES chooses not to follow the recommendations of the review committee concerning a provider, it shall provide the review committee with a written explanation of the rationale for the decision.

(d) A provider that the administering BOCES contracts with pursuant to this subsection (6) may subcontract with one or more for-profit or nonprofit entities, local public education agencies, or private organizations in meeting the obligations of its contract with the administering BOCES.

(7) Supplemental online education courses must be provided to a school district, charter school, or BOCES at an affordable total program cost for high-quality, accredited courses with local support.

(8) Each high school student in Colorado may take at least one supplemental online course per year. Each supplemental online course contract provider shall report to the administering BOCES information concerning the students who participate in the supplemental online courses to enable the administering BOCES to track the students' academic performance in the supplemental online courses. The administering BOCES shall annually collect data related to completion and passage rates from the providers contracted to provide supplemental online and blended learning and report that data to the department. The department shall collect the data through existing student data collection systems and 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.

(9) The general assembly shall annually appropriate to the department for allocation to the administering BOCES an amount sufficient to administer the statewide supplemental online and blended learning program and fund the contracts entered into with providers pursuant to this section. The administering BOCES may expend up to ten percent of the amount annually appropriated to offset its costs incurred in leading, managing, and administering the program.

(10) (a) On or before March 15, 2017, and on or before March 15 each year thereafter, the administering BOCES shall submit to the education committees of the house of representatives and the senate, or any successor committees, the joint budget committee of the general assembly, the state board of education, and the department a report concerning implementation and use of the statewide supplemental online and blended learning program for the preceding school year.

(b) This subsection (10) is exempt from the provisions of section 24-1-136 (11), C.R.S., and the annual reporting requirements of this subsection (10) are effective until changed by the general assembly acting by bill.

(11) (a) Beginning in the summer of 2021 and continuing throughout the 2021-22 school year, in addition to administering the statewide supplemental online and blended learning program in accordance with subsection (5) of this section, the administering BOCES shall prioritize entering into partnerships with local public education agencies for delivery of supplemental online learning recovery courses for students enrolled in kindergarten through twelfth grade. The administering BOCES and local public education agencies shall, to the extent practicable, partner with nonprofit entities and community-based organizations to expand the availability of, and students' access to, supplemental online learning recovery courses. Local public education agencies are encouraged to identify the students who are most in need of learning recovery courses as a result of the effects of the COVID-19 pandemic and to prioritize these students to receive supplemental online programming to support learning recovery.

(b) The administering BOCES shall communicate to all local public education agencies, and the local public education agencies shall communicate to the parents of students enrolled by the local public education agencies, the availability of supplemental online education courses through the administering BOCES, including the availability of learning recovery courses, the types of courses that are available for learning recovery and other purposes, the manner in which students may enroll in these courses through the local public education agency, and the benefits to students who successfully complete the courses. At a minimum, the local public education agency shall provide the information through the digital means normally used for communicating with parents and shall ensure, to the extent practicable, that the information is available in languages that students' parents understand.
C.R.S. § 22-80-115 — CO Code / Title 22 / Article 80 / Section 22-80-115
22-80-115. Readers for blind - expenses of deaf students
Status: repealed

22-80-115. Readers for blind - expenses of deaf students. (Repealed)
C.R.S. § 22-83-103 — CO Code / Title 22 / Article 83 / Section 22-83-103
22-83-103. Mathematics, science, and technology education improvement plan fund - creation
Status: in_force

22-83-103. Mathematics, science, and technology education improvement plan fund - creation. (1) There is hereby created in the state treasury the mathematics, science, and technology education improvement plan fund, which fund shall be administered by the department of education.

(2) The department is authorized to receive donations, grants, contributions, gifts, bequests, federal funds, and funds from any source to be credited to the fund. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the fund shall remain therein and shall not be credited or transferred to the general fund or any other fund but shall be subject to appropriation by the general assembly for the purposes of this article.

(3) The general assembly may from time to time make appropriations from the general fund to the fund for the use of the department in carrying out the purposes of this article.
C.R.S. § 22-11-304 — CO Code / Title 22 / Article 11 / Part 3 / Section 22-11-304
22-11-304. Accredited with improvement plan - school district or institute - plan contents
Status: in_force

22-11-304. Accredited with improvement plan - school district or institute - plan contents - adoption. (1) (a) In accordance with the time frames specified in state board rule, each school district that is accredited with improvement plan shall annually adopt and implement a district improvement plan as described in subsection (3) of this section.

(b) The school district accountability committee for the school district shall advise the local school board concerning preparation of the district improvement plan and make recommendations to the local school board concerning the contents of the district improvement plan. In advising and making its recommendations, the school district accountability committee shall take into account and incorporate any district public school performance, improvement, priority improvement, or turnaround plans received pursuant to sections 22-11-403 to 22-11-406. The local school board shall create and adopt the district improvement plan, taking into account the advice and recommendations of the school district accountability committee.

(c) The local school board shall submit the adopted district improvement plan to the department for publication on the data portal and shall ensure that the district improvement plan is in effect for the school district and the district public schools within the time frames specified in state board rule. The local school board shall also make copies of the district improvement plan available to members of the public upon request.

(2) (a) If the institute is accredited with improvement plan, the institute board shall, in accordance with the time frames specified in state board rule, adopt and implement an institute improvement plan as described in subsection (3) of this section. In preparing the institute improvement plan, the institute board shall take into account and incorporate any institute charter school performance, improvement, priority improvement, and turnaround plans received pursuant to sections 22-11-403 to 22-11-406.

(b) The institute shall submit the adopted institute improvement plan to the department for publication on the data portal and shall ensure that the institute improvement plan is in effect for the institute and the institute charter schools within the time frames specified by state board rule. The institute shall also make copies of the institute improvement plan available to members of the public upon request.

(3) A district improvement plan or an institute improvement plan must be designed to ensure that the school district or the institute improves its performance to the extent that, following completion of its next annual accreditation review, the school district or the institute attains a higher accreditation category. At a minimum, a district improvement plan or an institute improvement plan must:

(a) Set or revise, as appropriate, ambitious but attainable targets that the school district, including the district public schools, or the institute, including the institute charter schools, shall attain on the performance indicators. The local school board or the institute shall ensure that the targets are aligned with the statewide targets set by the state board pursuant to section 22-11-201.

(a.5) Identify the strategies to be used in addressing the needs of students enrolled in kindergarten and first, second, and third grade who are identified pursuant to section 22-7-1205 as having significant reading deficiencies and set or revise, as appropriate, ambitious but attainable targets that the school district, including the district public schools, or the institute, including the institute charter schools, shall attain in reducing the number of students who have significant reading deficiencies and in ensuring that each student achieves grade level expectations in reading;

(a.7) Identify strategies to address the needs of students who are below grade level or struggling in mathematics and set or revise, as appropriate, ambitious but attainable targets that the school district or the institute shall attain in reducing the number of students who are below grade level or struggling in mathematics and to increase the number of students who achieve grade-level expectations in mathematics. Strategies may include tutoring, including peer tutoring; additional educator training; personalized learning models, which may include a combination of in-person instruction, online modules, and self-paced learning techniques; or supplemental supports or curricula in mathematics, including digital mathematics accelerator programs.

(b) Identify positive and negative trends for district public schools as a group and individually or for institute charter schools as a group and individually in the levels of attainment by the public schools as a group and individually on the performance indicators;

(c) Assess and prioritize the issues and needs of the district or institute and of the district public schools or institute charter schools that must be addressed to raise the levels of attainment on the performance indicators by the district public schools or institute charter schools and to improve school readiness in district public schools or institute charter schools that serve students in preschool and kindergarten;

(d) Identify specific, research-based strategies that are appropriate in scope, intensity, and type to address the needs and issues identified pursuant to paragraph (c) of this subsection (3);

(e) Identify the local, state, and federal resources that the school district or the institute will use to implement the identified strategies with fidelity; and

(f) Address any other issues required by rule of the state board or raised by the department through the accreditation process pursuant to part 2 of this article.
C.R.S. § 22-54-108 — CO Code / Title 22 / Article 54 / Section 22-54-108
22-54-108. Authorization of additional local revenues - definitions
Status: repealed

22-54-108. Authorization of additional local revenues - definitions. (1) Effective July 1, 1994, a district which desires to raise and expend local property tax revenues in excess of the district's total program may submit the question of whether the district should be authorized to raise and expend additional local property tax revenues, subject to the limitations of subsection (3) of this section, thereby authorizing an additional levy in excess of the levy authorized under section 22-54-106 for the district's general fund for the then current budget year and each budget year thereafter. The question authorized by this subsection (1) must be submitted at an election held in accordance with section 20 of article X of the state constitution and title 1.

(2) Effective July 1, 1994, upon proper submittal to a district of a valid initiative petition, the district shall submit to the eligible electors of the district the question of whether the district should be authorized to raise and expend additional local property tax revenues in excess of the district's total program, subject to the limitations of subsection (3) of this section, thereby authorizing an additional levy in excess of the levy authorized under section 22-54-106 for the district's general fund for the then current budget year and each budget year thereafter. The question authorized by this subsection (2) must be submitted at an election held in accordance with section 20 of article X of the state constitution and title 1. An initiative petition under this subsection (2) must be signed by at least five percent of the eligible electors in the district at the time the petition is filed.

(3) (a) Notwithstanding the provisions of section 20 of article X of the state constitution which allow districts to seek voter approval for spending and revenue increases, this subsection (3) limits a district's authority to raise and expend local property tax revenues in excess of the district's total program.

(b) (I) Except as otherwise provided in subsections (3)(b)(II), (3)(b)(III), (3)(b)(IV), (3)(b)(V), and (3)(b)(VI) of this section, the total additional local property tax revenues that may be received pursuant to elections held pursuant to this section must not exceed under any circumstances twenty percent of the district's total program or two hundred thousand dollars, whichever is greater.

(II) (A) Effective July 1, 2002, the total additional local property tax revenues that may be received pursuant to elections held pursuant to this section must not exceed under any circumstances twenty percent of the district's total program or two hundred thousand dollars, whichever is greater, plus an amount equal to the maximum dollar amount of property tax revenue that the district could have generated for the 2001-02 budget year if, in accordance with the provisions of section 22-54-107.5, the district submitted a question to and received approval of the eligible electors of the district at an election held in November 2001.

(B) (Deleted by amendment, L. 2024).

(III) (A) On and after May 21, 2009, of the total additional local property tax revenues that may be received pursuant to an election held pursuant to this section must not exceed under any circumstances twenty-five percent of the district's total program or two hundred thousand dollars, whichever is greater, plus an amount equal to the maximum dollar amount of property tax revenue that the district could have generated for the 2001-02 budget year if, in accordance with the provisions of section 22-54-107.5, the district submitted a question to and received approval of the eligible electors of the district at an election held in November 2001.

(B) (Deleted by amendment, L. 2024).

(IV) (A) On and after May 22, 2015, the total additional local property tax revenues that a small rural district may receive pursuant to an election held pursuant to this section must not exceed under any circumstances thirty percent of the small rural district's total program or two hundred thousand dollars, whichever is greater, plus an amount equal to the maximum dollar amount of property tax revenue that the small rural district could have generated for the 2001-02 budget year if, in accordance with the provisions of section 22-54-107.5, the small rural district submitted a question to and received approval of the eligible electors of the district at an election held in November 2001.

(B) (Deleted by amendment, L. 2024).

(C) Repealed.

(V) (A) On and after July 1, 2023, the total additional local property tax revenues that a district may receive pursuant to an election held pursuant to this section must not exceed under any circumstances: Twenty-five percent of the district's total program or two hundred thousand dollars, whichever is greater; plus an amount equal to the maximum dollar amount of property tax revenue that the district could have generated for the 2001-02 budget year if, in accordance with the provisions of section 22-54-107.5, the district submitted a question to and received approval of the eligible electors of the district at an election held in November 2001.

(B) On and after July 1, 2023, the total additional local property tax revenues that a small rural district may receive pursuant to an election held pursuant to this section must not exceed under any circumstances: Thirty percent of the small rural district's total program or two hundred thousand dollars, whichever is greater; plus an amount equal to the maximum dollar amount of property tax revenue that the small rural district could have generated for the 2001-02 budget year if, in accordance with the provisions of section 22-54-107.5, the small rural district submitted a question to and received approval of the eligible electors of the small rural district at an election held in November 2001.

(VI) (A) On or after July 1, 2024, the total additional local property tax revenues that a district or small rural district may receive pursuant to an election held pursuant to this section must not exceed under any circumstance: The amount determined pursuant to subsection (3)(b)(V) of this section for the 2023-24 budget year, or the amount determined pursuant to subsection (3)(b)(VI)(D) of this section, whichever is greater.

(B) For the 2024-25 budget year, the department of education, in consultation with legislative council staff, shall calculate for each district the amount equal to:

(District's per pupil funding determined pursuant to section 22-54-104 (3) - Statewide base per pupil funding) x District's funded pupil count for the 2024-25 budget year excluding the district's online pupil enrollment and the district's extended high school pupil enrollment + (District's per pupil funding determined pursuant to section 22-54-104 (3) - Statewide base per pupil funding) x District's at-risk pupil enrollment for the 2024-25 budget year x Twelve percent + (District's per pupil funding determined pursuant to section 22-54-104 (3) - Statewide base per pupil funding) x District's English language learner pupil enrollment for the 2024-25 budget year x Eight percent.

(C) For the 2024-25 budget year, the department of education, in consultation with legislative council staff, shall calculate for each district the amount equal to the district's cost of living factor plus the district's size factor for the 2024-25 budget year calculated pursuant to section 22-54-103.5 multiplied by the statewide base per pupil funding for the 2024-25 budget year multiplied by the district's funded pupil count for the 2024-25 budget year excluding the district's online pupil enrollment and the district's extended high school pupil enrollment.

(D) The department of education shall compare for each district the amounts calculated pursuant to subsections (3)(b)(VI)(B) and (3)(b)(VI)(C) of this section. If the amount calculated pursuant to subsection (3)(b)(VI)(C) of this section is less than the amount calculated pursuant to subsection (3)(b)(VI)(B) of this section, the department of education shall determine the dollar amount difference between the amounts calculated pursuant to subsections (3)(b)(VI)(B) and (3)(b)(VI)(C) of this section divide that dollar amount difference by the district's total program for the 2024-25 budget year and add that percentage to the district's mill levy override cap for the 2023-24 budget year.

(E) The department of education shall make determinations pursuant to subsections (3)(b)(VI)(B), (3)(b)(VI)(C), and (3)(b)(VI)(D) of this section after it makes mid-year revisions to replace projections with actual figures when determining each district's total program for the 2024-25 budget year.

(F) On or after July 1, 2030, a district shall not submit a question to the eligible electors of the district pursuant to this subsection (3)(b)(VI).

(c) (Deleted by amendment, L. 2008, p. 1196, § 7, effective May 22, 2008.)

(d) (I) In applying the limitation in this subsection (3) to elections held after July 1, 1994, any additional local property tax revenues authorized at elections held under the provisions of former section 22-53-117 prior to July 1, 1994, shall be counted towards such limitation.

(II) (Deleted by amendment, L. 2009, (SB 09-256), ch. 294, p. 1553, § 6, effective May 21, 2009.)

(II.5) Any portion of the specific ownership tax paid to the district shall not apply to the limitation in this subsection (3).

(III) If the additional local property tax revenues already authorized and the specific ownership tax revenue, if any, exceeds the limitation, the district shall not be authorized to hold an election pursuant to the provisions of this section until the limitation is greater than the additional local property tax revenues already authorized and the specific ownership tax revenue, if any.

(e) (I) If a district's levy is reduced pursuant to section 22-54-106 (2)(b)(I), the provisions of this paragraph (e), as well as the provisions of paragraph (d) of this subsection (3), shall apply in calculating the limitation of this subsection (3).

(II) In applying the limitation of this subsection (3), the difference between the district's total program for the 1994-95 budget year, as calculated pursuant to section 22-54-104.3 (3), and the district's total program for the 1994-95 budget year, as calculated pursuant to section 22-54-104 (2), shall be counted toward such limitation.

(f) In applying the limitation of this subsection (3), the amount of property tax generated pursuant to section 22-54-106 (2)(b)(III) shall be counted toward such limitation.

(g) (Deleted by amendment, L. 2008, p. 1196, § 7, effective May 22, 2008.)

(h) In applying the limitation in subparagraph (II) of paragraph (b) of this subsection (3) to elections held after July 1, 2002, any additional local property tax revenues authorized at an election held in November 2001 under the provisions of section 22-54-107.5 shall be counted towards such limitation.

(i) Nothing in this section shall affect the ability of a district to collect taxes pursuant to an election held pursuant to this section prior to May 22, 2008.

(4) (Deleted by amendment, L. 2010, (HB 10-1013), ch. 399, p. 1904, § 13, effective June 10, 2010.)

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

(a) "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 enrolls fewer than one thousand students in kindergarten through twelfth grade.

(b) "Total program", on and after July 1, 2023, means a district's or small rural district's total program plus the amount the district or small rural district receives for students enrolled through the Colorado universal preschool program pursuant to part 2 of article 4 of title 26.5.
C.R.S. § 22-30-127 — CO Code / Title 22 / Article 30 / Part 1 / Section 22-30-127
22-30-127. New school district - bonded indebtedness
Status: in_force

22-30-127. New school district - bonded indebtedness. (1) Any new school district organized under the provisions of this article has the power and authority to contract bonded indebtedness in the same manner and under the same procedure for the issuance of bonds as is provided by law for the issuance of such bonds by other school districts.

(2) Any new school district has the power to issue refunding bonds for the purpose of refunding outstanding indebtedness of said new school district in the same manner and procedure as is provided by law for the issuance of such bonds by other school districts.

(3) Any new school district has the power to issue refunding bonds for the purpose of refunding outstanding indebtedness of old school districts, which old school districts have been reorganized or dissolved, and included within said new school district and which indebtedness has been assumed by said new school district pursuant to section 22-30-125. Such refunding bonds shall be issued in the same manner as if the indebtedness being refunded were indebtedness originally contracted by the new school district under the provisions of this article.

(4) Any new school district has the power to issue refunding bonds for the purpose of refunding outstanding bonded indebtedness of old school districts, which old school districts have been reorganized or dissolved, and included within said new school district, and which indebtedness has not been assumed by the new school district, in the same manner as if the indebtedness being refunded were indebtedness originally contracted by the new school district under the provisions of this article, except for the following particulars:

(a) Said bonds shall be designated as refunding bonds of the old school district which contracted the original indebtedness in the first instance. The refunding bonds shall be payable from the same funds which are to be derived from the same source as would have been used to pay the original bonds of the old school district if no refunding thereof had ever occurred.

(b) The covenants and agreements in and relating to such refunding bonds shall be made and entered into by the new school district as successor to the old school district, and all necessary actions shall be taken by the board of education of the new school district as successor to the board of education of the old school district.

(5) Whenever any old school district has been reorganized and parts thereof included within two or more new school districts, and whenever an old school district has been dissolved and parts thereof included in two or more other school districts, under the provisions of this article, and said old school district has outstanding bonded indebtedness, the refunding of such outstanding indebtedness of said former school district shall require affirmative action by a majority of the members of the boards of education of each new school district within which any part of the lands formerly included within said old school district are now included, except as is provided in this article to the contrary.

(6) Any school district from which land has been detached and included within any other school district, by reorganization or any other lawful means, and which school district has retained its lawful corporate existence subsequent to the detachment of such land from said school district shall be specifically exempted from the requirements and provisions of subsection (5) of this section, and the board of education of said school district from which land has been detached may refund its bonds to which such detached land is subject with or without concurrence or action by the board of education of the school district within which said detached land is then included.
C.R.S. § 22-25-108 — CO Code / Title 22 / Article 25 / Section 22-25-108
22-25-108. Participation of nonpublic school personnel
Status: in_force

22-25-108. Participation of nonpublic school personnel. Teachers, school nurses, or school administrators employed by a nonpublic school may participate as students in in-service education institutes or curriculum development programs conducted by school districts or boards of cooperative services pursuant to this article. At the discretion of the school district or board of cooperative services conducting such institutes or programs, such participants may be required to pay the pro rata share of the cost of participation.
C.R.S. § 22-30.5-112.5 — CO Code / Title 22 / Article 30.5 / Part 1 / Section 22-30.5-112.5
22-30.5-112.5. Charter schools - transportation plans
Status: in_force

22-30.5-112.5. Charter schools - transportation plans. If a charter school's charter or contract includes provision of transportation services by the school district, the charter school and the school district shall collaborate in developing a transportation plan to use school district equipment to transport students enrolled in the charter school to and from the charter school and their homes and to and from the charter school and any extracurricular activities. The transportation plan may include, but need not be limited to, development of bus routes and plans for sharing the use of school district equipment for the benefit of students enrolled in charter schools of the school district and students enrolled in other schools of the school district.
C.R.S. § 22-32-126 — CO Code / Title 22 / Article 32 / Section 22-32-126
22-32-126. Principals - employment and authority
Status: in_force

22-32-126. Principals - employment and authority. (1) The board of education may employ through written contract public school principals who shall hold valid principal licenses or authorizations and who shall supervise the operation and management of the school and such property as the board shall determine necessary.

(2) The principal shall assume the administrative responsibility and instructional leadership, under the supervision of the superintendent and in accordance with the rules and regulations of the board of education, for the planning, management, operation, and evaluation of the educational program of the schools to which he is assigned.

(3) The principal shall submit recommendations to the superintendent regarding the appointment, assignment, promotion, transfer, and dismissal of all personnel assigned to the school under his supervision.

(4) The principal shall perform such other duties as may be assigned by the superintendent pursuant to the rules and regulations of the board of education.

(5) (a) The principal or the principal's designee shall communicate discipline information concerning any student enrolled in the school to any teacher who has direct contact with the student in the classroom and to any counselor who has direct contact with the student. Any teacher or counselor who receives information under this subsection (5) shall maintain the confidentiality of the information and does not have authority to communicate the information to any other person.

(b) Each school district shall include in its discipline code adopted in accordance with section 22-32-110 (2) procedures to inform the student and the student's parent or guardian when disciplinary information is communicated and to provide a copy of the disciplinary information to the student and the student's parent or guardian. The discipline code shall also establish procedures to allow the student and the student's parent or guardian to challenge the accuracy of the disciplinary information.
C.R.S. § 22-9-106 — CO Code / Title 22 / Article 9 / Section 22-9-106
22-9-106. Local boards of education - duties - performance evaluation system - compliance
Status: repealed

22-9-106. Local boards of education - duties - performance evaluation system - compliance - rules. (1) All school districts and boards of cooperative services that employ licensed personnel shall adopt a written system to evaluate the employment performance of school district and board of cooperative services licensed personnel, including all teachers, principals, and administrators, with the exception of licensed personnel employed by a board of cooperative services for a period of six weeks or less. In developing the licensed personnel performance evaluation system and any amendments thereto, the local board and board of cooperative services shall comply with subsection (1.5) of this section and shall consult with administrators, principals, and teachers employed within the district or participating districts in a board of cooperative services, parents, and the school district licensed personnel performance evaluation council or the board of cooperative services personnel performance evaluation council created pursuant to section 22-9-107. The performance evaluation system must address all of the performance standards established by rule of the state board and adopted by the general assembly pursuant to section 22-9-105.5, and must contain, but need not be limited to, the following information:

(a) The title or position of the evaluator for each licensed personnel position to be evaluated;

(b) The licensed personnel positions to be evaluated, which shall include all licensed personnel, all part-time teachers as defined in section 22-63-103 (6), and all administrators and principals;

(c) The frequency and duration of the evaluations, which must be on a regular basis and of such frequency and duration as to ensure the collection of a sufficient amount of data from which reliable conclusions and findings may be drawn. At a minimum, the performance evaluation system must ensure that:

(I) Probationary teachers receive at least two documented observations and one evaluation that results in a written evaluation report pursuant to subsection (3) of this section each academic year. Probationary teachers shall receive the written evaluation report at least two weeks before the last class day of the school year.

(II) Nonprobationary teachers receive at least one observation each academic year and one evaluation that results in a written evaluation report pursuant to subsection (3) of this section each academic year according to the performance standards established by rule of the state board and adopted by the general assembly pursuant to section 22-9-105.5. Nonprobationary teachers must receive the written evaluation report at least two weeks before the last class day of the school year.

(III) Principals shall receive one evaluation that results in a written evaluation report pursuant to subsection (3) of this section each academic year according to the performance standards established by rule of the state board and adopted by the general assembly pursuant to section 22-9-105.5.

(IV) (Deleted by amendment, L. 2010, (SB 10-191), ch. 241, p. 1063, § 7, effective May 20, 2010.)

(d) The purposes of the evaluation, which must include but need not be limited to:

(I) Providing a basis for the improvement of instruction;

(II) Enhancing the implementation of programs of curriculum;

(III) Providing the measurement of satisfactory performance for individual licensed personnel and serving as documentation for an unsatisfactory performance dismissal proceeding under article 63 of this title;

(IV) Serving as a measurement of the professional growth and development of licensed personnel; and

(V) (A) Repealed.

(B) Measuring the level of effectiveness of all licensed personnel within the school district.

(e) (I) Repealed.

(II) The standards set by the local board for effective performance for licensed personnel and the criteria to be used to determine whether the performance of each licensed person meets the standards and other criteria for evaluation for each licensed personnel position evaluated. One of the standards for measuring teacher effectiveness must be directly related to classroom instruction and must require that thirty percent of the evaluation is determined by the academic growth of the teacher's students. The remainder of the evaluation must be based on attainment of the quality standards. The district accountability committee shall provide input and recommendations concerning the assessment tools used to measure student academic growth as it relates to teacher evaluations. The standards must include multiple measures of student performance in conjunction with student growth expectations. For the purposes of measuring effectiveness, expectations of student academic growth must take into consideration diverse factors, including but not limited to special education, student mobility, and classrooms with a student population in which ninety-five percent meet the definition of high-risk student as defined in section 22-7-604.5 (1.5). The performance evaluation system must also ensure that the standards and criteria are available in writing to all licensed personnel and are communicated and discussed by the person being evaluated and the evaluator prior to and during the course of the evaluation.

(III) Except as otherwise provided in subsection (1)(e)(IV) of this section, for performance evaluations completed for the 2023-24 school year and school years thereafter, of the thirty percent of a teacher's evaluation that is based on student academic growth, up to ten percent may be based on measures of collective student academic growth that are based on the performance of all students enrolled at a particular grade level within the school in which the teacher is employed or the performance of all students enrolled in the school in which the teacher is employed, but a teacher's evaluation must not include measures of collective student academic growth that are based on the performance of students who are not enrolled in the school in which the teacher is employed.

(IV) For performance evaluations completed for the 2023-24 school year and school years thereafter, the evaluation of a licensed person who has been employed by a school district or board of cooperative services for one school year or less must not include data that was created prior to the date on which the licensed person commenced employment with the school district or board of cooperative services.

(f) The methods of evaluation, which must include, but are not limited to, direct observations by the evaluator and a process of systematic data-gathering. School districts and boards of cooperative services are encouraged to experiment, with the agreement of their school district personnel performance evaluation councils, with innovative methods of observation, which may include observations by mentors or teaching coaches, peers, department leaders, and video or digital recording; and a peer assistance and review model that allows licensed personnel to be evaluated by peers who are licensed in the same field as the licensed person being evaluated and, if feasible, have more than one year of experience.

(1.5) (a) A local board or board of cooperative services may adopt the state model licensed personnel performance evaluation system established by the rules promulgated by the state board pursuant to section 22-9-105.5 or may develop its own local licensed personnel evaluation system that complies with the requirements established pursuant to this section and the rules promulgated by the state board. If a school district or board of cooperative services develops its own local licensed personnel evaluation system, the local board or board of cooperative services or any interested party may submit to the department, or the department may solicit and collect, data related to said personnel evaluation system for review by the department.

(b) The department shall monitor school districts' and boards of cooperative services' implementation of the requirements for local licensed personnel evaluation systems. If, upon initial review by the department, the data submitted or collected pursuant to paragraph (a) of this subsection (1.5) indicates that a school district or board of cooperative services is unable to implement a local licensed personnel evaluation system that meets the objectives of this article, the department shall conduct a more thorough review of the school district's or board of cooperative services' processes and procedures for said evaluation system to ensure that it is professionally sound; results in fair, adequate, and credible evaluations; satisfies the quality standards established by rule of the state board in a manner that is appropriate to the size, demographics, and location of the local board or board of cooperative services; and is consistent with the goals, objectives, and intent of this article.

(c) (I) Pursuant to section 22-11-206 (4)(b), if the department has reason to believe that a local licensed personnel evaluation system developed by a local board or board of cooperative services is not in substantial compliance with one or more of the applicable statutory or regulatory requirements of this article, the department shall notify the local board or board of cooperative services that it has ninety days after the date of the notice to bring its local licensed personnel evaluation system into compliance. The department shall work collaboratively with the school district or board of cooperative services during the ninety-day period to bring the local licensed personnel evaluation system into compliance with the applicable statutory or regulatory requirements.

(II) If, at the end of the ninety-day period, the department finds that the local licensed personnel evaluation system is not substantially in compliance with the applicable statutory or regulatory requirements, the department shall determine the appropriate remedies to correct the identified areas of noncompliance, including but not limited to:

(A) Extending the time frame for compliance;

(B) Imposing interventions specified in article 11 of this title; or

(C) As a last resort, requiring the school district or board of cooperative services to implement some or all of the state model system. A school district or board of cooperative services shall only be required to implement those aspects of the state model system that are deemed necessary to bring the local licensed personnel evaluation system into compliance.

(III) If the department determines that the noncompliance is substantial enough to call into question the validity of the educator evaluation ratings, the department may take appropriate action that may include invalidating the school district's or board of cooperative services' educator ratings for the evaluation cycles in question. If the department determines that the noncompliance requires invalidating the school district's or board of cooperative services' educator ratings:

(A) A teacher who received a rating of effective or highly effective shall retain that rating; and

(B) A teacher who received a rating of partially effective or ineffective shall receive a "no score" rating for the year in question. However, if in the following academic year, the department determines that the school district's or board of cooperative services' local licensed personnel evaluation system is compliant with the requirements of this article and the teacher receives a performance evaluation rating of ineffective or partially effective, this rating shall have the consequence of a second consecutive ineffective rating.

(d) The general assembly finds that, for purposes of section 17 of article IX of the state constitution, the review of local licensed personnel evaluation systems as provided for in this subsection (1.5) is an important component of an accountable program to meet state academic standards and, therefore, may be funded from moneys in the state education fund created in section 17 (4) of article IX of the state constitution.

(2) In implementing such evaluation system and procedures, the school district or board of cooperative services shall conduct all evaluations so as to observe the legal and constitutional rights of licensed personnel, and no evaluation information shall be gathered by electronic devices without the consent of the licensed personnel. No informality in any evaluation or in the manner of making or recording any evaluation shall invalidate such evaluation.

(2.5) (a) Repealed.

(b) (I) The council shall actively participate with the local board in developing written standards for evaluation that clearly specify performance standards and the quality standards and the criteria to be used to determine whether the performance of each licensed person meets such standards pursuant to subsection (1)(e) of this section.

(II) Repealed.

(c) Notwithstanding any provision of paragraph (e) of subsection (1) of this section or subsection (7) of this section to the contrary:

(I) A local board may use the results of the state assessments administered pursuant to section 22-7-1006.3 in the 2014-15 school year only as baseline data for measuring student academic growth in the 2015-16 school year and school years thereafter; and

(II) A local board may use the results of state assessments administered pursuant to section 22-7-1006.3 as a measure of student academic growth for evaluations prepared for the school year in which the assessments are administered only if the local board receives the results by the date by which probationary teachers and nonprobationary teachers must receive the written evaluation report as provided in paragraph (c) of subsection (1) of this section. If a local board does not receive the results of state assessments in time to use them in the written evaluation report prepared for the school year in which the assessments are administered, the local board shall use the results of the state assessments as measures of student academic growth for educator evaluations and professional development in the school year following the school year in which the assessments are administered. In any year in which a local board does not receive the state assessment results by the deadline for the written evaluation reports, the local board must use alternate measures of student academic growth, including the results of local assessments if available.

(3) (a) An evaluation report shall be issued upon the completion of an evaluation made pursuant to this section and must:

(I) Be in writing;

(II) Contain a written improvement plan that is specific as to what improvements, if any, are needed in the performance of the licensed personnel and clearly sets forth recommendations for improvements, including recommendations for additional education and training during the licensed person's license renewal process;

(III) Be specific as to the strengths and weaknesses in the performance of the individual being evaluated;

(IV) Specifically identify when a direct observation was made;

(V) Identify data sources;

(VI) Be discussed and be signed by the evaluator and the person being evaluated, each to receive a copy of the report. The signature on the report of any person does not indicate agreement with the information contained in the report. If the person being evaluated disagrees with any of the conclusions or recommendations made in the evaluation report, the person may attach any written explanation or other relevant documentation that the person deems necessary.

(VII) Be reviewed by a supervisor of the evaluator, whose signature must also appear on said report.

(b) A school district or board of cooperative services shall complete the written evaluations for all licensed personnel employed by the school district or board of cooperative services and shall report the final performance ratings for all licensed personnel who were evaluated to the department no later than October 15 of the school year following the school year for which the evaluations are completed.

(3.2) (a) In addition to the items specified in subsection (3) of this section, the evaluation of a teacher may include any peer, parent, or student input obtained from standardized surveys.

(b) In addition to the items specified in subsection (3) of this section, each principal's evaluation shall include input from the teachers employed in the principal's school and may include input from the students enrolled in the school and their parents. Each school district shall specify the manner in which input from teachers and from students and parents, if any, is collected but shall ensure that the information collected remains anonymous and confidential.

(3.3) Each principal or administrator who is responsible for evaluating licensed personnel shall keep records and documentation for each evaluation conducted. Each principal and administrator who is responsible for evaluating licensed personnel shall be evaluated as to how well he or she complies with this section and with the school district's evaluation system.

(3.5) (a) Repealed.

(b) (I) A teacher or principal whose performance is deemed to be ineffective pursuant to paragraph (e) of subsection (1) of this section shall receive written notice that his or her performance evaluation shows a rating of ineffective, a copy of the documentation relied upon in measuring his or her performance, and identification of deficiencies.

(II) to (IV) Repealed.

(4) (a) Except as provided in subsection (4)(b) of this section, a person shall not be responsible for the evaluation of licensed personnel unless the person has a principal or administrator license issued pursuant to article 60.5 of this title 22, or is a designee of a person with a principal or administrator license, and has received education and training in evaluation skills provided or approved by the department that will enable the person to make fair, professional, and credible evaluations of the personnel whom the person is responsible for evaluating. Pursuant to section 22-9-104 (1.5), the department shall make available at no cost to each school district and board of cooperative services training for persons who are responsible for evaluating licensed personnel. A person shall not be issued a principal or administrator license or have a principal or administrator license renewed unless the state board determines that the person has received education and training provided or approved by the department.

(b) A local board of education is authorized to evaluate the performance of the superintendent of the school district. The responsibility for conducting the performance evaluation of the superintendent rests exclusively with the local board of education.

(c) Each school district and board of cooperative services is encouraged to provide training to multiple persons to serve as evaluators to enable a licensed person being evaluated to request an alternative evaluator.

(4.3) Notwithstanding any provision of this section to the contrary, a person who is employed in multiple roles simultaneously may receive a single evaluation that takes into account the person's performance of his or her responsibilities in each role. The person's supervisor shall conduct the evaluation or, if the person is employed as a school district superintendent, the local board of education shall conduct the person's evaluation.

(4.5) (a) Repealed.

(b) Any person whose performance evaluation includes a remediation plan shall be given an opportunity to improve his or her effectiveness through the implementation of the plan. If the next performance evaluation shows that the person is performing effectively, no further action shall be taken concerning the original performance evaluation. If the evaluation shows the person is still not performing effectively, he or she shall receive written notice that his or her performance evaluation shows a rating of ineffective, a copy of the documentation relied upon in measuring the person's performance, and identification of deficiencies. Each school district shall ensure that a nonprobationary teacher who objects to a rating of ineffectiveness has an opportunity to appeal that rating, in accordance with a fair and transparent process developed, where applicable, through collective bargaining. At a minimum, the appeal process provided shall allow a nonprobationary teacher to appeal the rating of ineffectiveness to the superintendent of the school district and shall place the burden upon the nonprobationary teacher to demonstrate that a rating of effectiveness was appropriate. The appeal process shall take no longer than ninety days, and the nonprobationary teacher shall not be subject to a possible loss of nonprobationary status until after a final determination regarding the rating of ineffectiveness is made. For a person who receives a performance rating of ineffective, the evaluator shall either make additional recommendations for improvement or may recommend the dismissal of the person, which dismissal shall be in accordance with the provisions of article 63 of this title if the person is a teacher. This paragraph (b) shall take effect at such time as the performance evaluation system based on quality standards established pursuant to this section and the rules promulgated by the state board pursuant to section 22-9-105.5 has completed the initial phase of implementation and has been implemented statewide. The commissioner shall provide notice of such implementation to the revisor of statutes on or before July 1, 2014, and each July 1 thereafter until statewide implementation occurs.

(5) The school district or board of cooperative services licensed personnel performance evaluation system, processes, and procedures must be in accord with the rules adopted by the state board. The system shall be developed after consultation with the school district or board of cooperative services licensed personnel performance evaluation council created pursuant to section 22-9-107 with regard to the planning, development, adoption, and implementation of such system, and said council shall conduct a continuous evaluation of said system.

(6) Pursuant to subsection (1.5) of this section, the department shall approve any school district's or board of cooperative services' local licensed personnel performance evaluation system and related processes and procedures to determine whether such system, processes, and procedures are consistent with this article.

(7) Every principal must be evaluated using multiple fair, transparent, timely, rigorous, and valid methods. The recommendations developed pursuant to this subsection (7) must require that thirty percent of the evaluation is determined by the academic growth of the students enrolled in the principal's school, and the remainder of the evaluation is based on the principal's attainment of the quality standards. For principals, the quality standards must include, but need not be limited to:

(a) Achievement and academic growth for those students enrolled in the principal's school, as measured by the Colorado growth model set forth in section 22-11-202;

(b) The number and percentage of licensed personnel in the principal's school who are rated as effective or highly effective; and

(c) The number and percentage of licensed personnel in the principal's school who are rated as ineffective but are improving in effectiveness.

(8) On or before August 1, 2014, each local board of education shall develop, in collaboration with a local teachers association or, if none exists, with teachers from the district, an incentive system, the purpose of which shall be to encourage effective teachers in high-performing schools to move to jobs in schools that have low performance ratings.

(9) Repealed.
C.R.S. § 22-32-128 — CO Code / Title 22 / Article 32 / Section 22-32-128
22-32-128. Use of school vehicles by residents of district
Status: in_force

22-32-128. Use of school vehicles by residents of district. At times to be specified by the board of education of each school district, school vehicles used for the transportation of pupils pursuant to the provisions of section 22-32-113 shall be available to groups of five or more residents of the district who are sixty-five years of age or older for use within or without the district. The board of education of each school district of the state shall adopt policies regarding the reasonable use of such vehicles by groups of persons with special consideration being given those residents who are sixty-five years of age or older. Such school vehicles shall be covered by an insurance policy similar to, with limits not less than, the insurance coverage that is in effect while said school vehicles are used for the transportation of pupils. To the extent that such policies provide for the reimbursement to the school district of all the expenses of the operation of such school vehicles as determined by the school district auditor, no such reimbursement shall constitute compensation, and it shall not subject the school district to the provisions of article 10.1 of title 40, C.R.S. The miles traveled and the costs expended under this article shall not be allowable for the computation of benefits accruing to a school district under the provisions of article 51 of this title.
C.R.S. § 22-30.5-511.3 — CO Code / Title 22 / Article 30.5 / Part 5 / Section 22-30.5-511.3
22-30.5-511.3. Nonrenewal or revocation - qualified charter school - exceptions
Status: in_force

22-30.5-511.3. Nonrenewal or revocation - qualified charter school - exceptions. (1) Notwithstanding the provisions of section 22-30.5-511, the provisions of this section shall apply if:

(a) The institute board 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 the institute board makes a determination to revoke or not renew the charter of a qualified charter school and subsection (1) of this section applies, the institute board 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 institute board and the qualified charter school, whether an alternative exists to such revocation or nonrenewal of the charter.

(b) The institute board 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 22-30.5-511 (5)(b)(II), whichever is later.

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

(a) The conversion of the qualified charter school from an institute charter school to a school of the accounting district of the institute charter school, as defined in section 22-30.5-513 (1)(a);

(b) The reorganization of the qualified charter school and application to the institute board or the local board of education of the accounting district 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 institute board, and the qualified charter school.

(4) Nothing in this section shall be construed to prevent the institute board from revoking or not renewing the charter of a qualified charter school pursuant to section 22-30.5-511.
C.R.S. § 22-27.5-105 — CO Code / Title 22 / Article 27.5 / Section 22-27.5-105
22-27.5-105. Dropout prevention activity grant fund - created - administrative costs
Status: in_force

22-27.5-105. Dropout prevention activity grant fund - created - administrative costs. (1) (a) There is hereby created in the state treasury the dropout prevention activity grant fund. The fund shall consist of any gifts, grants, or donations received by the department for the fund pursuant to subsection (2) of this section. 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 dropout prevention activity grant program pursuant to this article.

(b) Any moneys in the fund not expended for the purpose of this article 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.

(2) The department is authorized to seek and accept gifts, grants, and donations from private or public sources for the implementation of the dropout prevention activity grant program pursuant to this article. All private and public funds received through gifts, grants, and donations shall be transmitted to the state treasurer, who shall credit the same to the fund.

(3) The department may expend up to two percent of the moneys annually appropriated from the fund to offset the direct and indirect costs incurred in implementing the dropout prevention activity grant program pursuant to this article.

(4) (Deleted by amendment, L. 2011, (HB 11-1303), ch. 264, p. 1160, § 45, effective August 10, 2011.)
C.R.S. § 22-30.5-112 — CO Code / Title 22 / Article 30.5 / Part 1 / Section 22-30.5-112
22-30.5-112. Charter schools - financing - guidelines - definitions
Status: repealed

22-30.5-112. Charter schools - financing - guidelines - definitions.

(1) (a) (I) Repealed.

(II) For purposes of the "Public School Finance Act of 2025", article 54 of this title 22, pupils enrolled in a charter school are included in the pupil enrollment or the online pupil enrollment, whichever is applicable, of the school district that granted its charter. The school district that granted its charter shall report to the department the number of pupils included in the school district's pupil enrollment and the school district's online pupil enrollment that are actually enrolled in each charter school.

(b) The school district shall also identify each charter school that is a qualified charter school as defined in section 22-54-124 (1)(f.6), identify each qualified charter school that will be operating in a school district facility and that does not have ongoing financial obligations incurred to repay the outstanding costs of new construction undertaken for the charter school's benefit, and provide an estimate of the number of pupils expected to be enrolled in each qualified charter school during the budget year following the budget year in which the district makes a report.

(2) (a) (I) As part of the charter school contract, the charter school and the school district shall agree on funding and any services to be provided by the school district to the charter school.

(II) For the 1999-2000 budget year, the charter school and the school district shall begin discussions on the contract using eighty percent of the district per pupil revenues.

(III) (A) For budget year 2000-01 and budget years thereafter, except as otherwise provided in paragraph (a.3) of this subsection (2), each charter school and the chartering school district shall negotiate funding under the contract. The charter school shall receive one hundred percent of the district per pupil revenues for each pupil enrolled in the charter school who is not an online pupil and one hundred percent of the district per pupil online funding for each online pupil enrolled in the charter school; except that the chartering school district may choose to retain the actual amount of the charter school's per pupil share of the central administrative overhead costs for services actually provided to the charter school, up to five percent of the district per pupil revenues for each pupil who is not an online pupil enrolled in the charter school and up to five percent of the district per pupil online funding for each online pupil enrolled in the charter school.

(B) For budget years 2001-02 through 2010-11, the minimum amount of funding specified in sub-subparagraph (A) of this subparagraph (III) shall reflect the one-percent increase in the statewide base per pupil funding for state fiscal years 2001-02 through 2010-11 received by the school district as required by section 17 of article IX of the state constitution.

(a.3) If the authorizing school district enrolls five hundred or fewer students, the charter school shall receive funding in the amount of the greater of one hundred percent of the district per pupil online funding for each online pupil enrolled in the charter school plus one hundred percent of the district per pupil revenues for each pupil who is not an online pupil enrolled in the charter school, minus the actual amount of the charter school's per pupil share of the central administrative overhead costs incurred by the school district, based on audited figures, or eighty-five percent of the district per pupil revenues for each pupil enrolled in the charter school who is not an online pupil plus eighty-five percent of the district per pupil online funding for each online pupil enrolled in the charter school.

(a.4) (I) Within ninety days after the end of each fiscal year, each school district shall provide to each charter school within its district an itemized accounting of all its central administrative overhead costs. If the itemized accounting includes services provided to the charter school by school district personnel, the itemized accounting, at the charter school's request, must include a list of the personnel positions and services provided by persons in each position. The actual central administrative overhead costs are the amount charged to the charter school. Any difference, within the limitations of subparagraph (III) of paragraph (a) of this subsection (2) and paragraph (a.3) of this subsection (2), between the amount initially charged to the charter school and the actual cost must be reconciled and paid to the owed party.

(II) Within ninety days after the end of each fiscal year, each school district shall provide to each charter school within its district an itemized accounting of all the actual costs of district services the charter school chose at its discretion to purchase from the district calculated in accordance with paragraph (b) of this subsection (2). If the itemized accounting includes services purchased by the charter school that were provided by school district personnel, the itemized accounting, at the charter school's request, must include a list of the personnel positions and services provided by persons in each position. Any difference between the amount initially charged to the charter school and the actual cost shall be reconciled and paid to the owed party.

(III) If either party disputes an itemized accounting provided pursuant to subparagraphs (I) and (II) of this paragraph (a.4), any charges included in an accounting, or charges to either party, that party is entitled to request a third-party review at the requesting party's expense. The review shall be conducted by the department, and the department's determination shall be final.

(a.5) As used in this subsection (2):

(I) "Central administrative overhead costs" means indirect costs incurred in providing:

(A) Services listed under the heading of support services - general administration in the school district chart of accounts as specified by rule of the state board; and

(B) Salaries and benefits for administrative job classifications listed under the headings of support services - business and support services - central in the school district chart of accounts as specified by rule of the state board.

(II) "District per pupil revenues" means the district's total program as defined in section 22-54-103 (6) for any budget year divided by the district's funded pupil count as determined by article 54 of this title 22 for the applicable budget year.

(II.5) "District per pupil online funding" means a school district's online funding, as determined by article 54 of this title 22, divided by the district's online pupil enrollment for any budget year.

(III) (Deleted by amendment, L. 2010, (HB 10-1013), ch. 399, p. 1913, § 38, effective June 10, 2010.)

(a.7) For the 2000-01 budget year through the 2008-09 budget year, each charter school shall annually allocate the minimum per pupil dollar amount specified in section 22-54-105 (2)(b), multiplied by the number of students enrolled in the charter school who are not students enrolled in an online program or an online school, as defined in sections 22-30.7-102 (9) and 22-30.7-102 (9.5), to a fund created by the charter school for capital reserve purposes, as set forth in section 22-45-103 (1)(c) and (1)(e), or solely for the management of risk-related activities, as identified in section 24-10-115, C.R.S., and article 13 of title 29, C.R.S., or among such allowable funds. Said moneys shall be used for the purposes set forth in section 22-45-103 (1)(c) and (1)(e) and may not be expended by the charter school for any other purpose. Any moneys remaining in the fund that have not been expended prior to the 2009-10 budget year shall be budgeted for the purposes set forth in section 22-45-103 (1)(c) and (1)(e) in the 2009-10 budget year or any budget year thereafter.

(a.8) (I) For the 2000-01 budget year and budget years thereafter, the school district shall provide federally required educational services to students enrolled in charter schools on the same basis as such services are provided to students enrolled in other public schools of the school district. Each charter school shall pay an amount equal to the per pupil cost incurred by the school district in providing federally required educational services, multiplied by the number of students enrolled in the charter school. At either party's request, however, the charter school and the school district may negotiate and include in the charter contract alternate arrangements for the provision of and payment for federally required educational services.

(II) Notwithstanding any provision of subparagraph (I) of this paragraph (a.8) to the contrary, the school district shall calculate the per pupil cost of providing federally required educational services after subtracting the amount received in federal and state moneys for providing said services.

(III) As used in this subsection (2)(a.8), "federally required educational services" means services that a local educational agency is required to provide to certain students by federal law and that the school district makes available to students in the charter school if and when needed. "Federally required educational services" does not include services not made available to the charter school.

(a.9) For budget year 2002-03 and budget years thereafter, and in accordance with section 22-30.5-406, the funding provided by a chartering school district to a charter school pursuant to this subsection (2) shall be reduced by the amount of any direct payments of principal and interest due on bonds issued on behalf of a charter school by a governmental entity other than a school district for the purpose of financing charter school capital construction that were made by the state treasurer or the chartering school district on behalf of the charter school.

(b) The charter school, at its discretion, may contract with the school district for the direct purchase of district services in addition to those included in central administrative overhead costs, including but not limited to food services, custodial services, maintenance, curriculum, media services, and libraries. The amount to be paid by a charter school in purchasing any district service pursuant to this paragraph (b) shall be determined by dividing the cost of providing the service for the entire school district, as specified in the school district's budget, by the number of students enrolled in the school district and multiplying said amount by the number of students enrolled in the charter school.

(b.5) (I) The charter school and the school district shall negotiate prior to the beginning of each fiscal year for the payment to the school district of any direct costs incurred by the school district. If the charter school and the school district do not reach agreement regarding the payment of direct costs, the school district shall be barred from withholding from the charter school any moneys as reimbursement for direct costs. The school district shall provide an itemized accounting to each charter school for the direct costs incurred by the school district with the itemized accounting provided pursuant to paragraph (a.4) of this subsection (2).

(II) For purposes of this paragraph (b.5), "direct costs" means the direct costs incurred by a school district solely for the purpose of reviewing charter applications, negotiating the charter contract, and providing direct oversight to charter schools. "Direct costs" shall not include the school district's legal or other costs attributable to litigation or the resolution of a dispute with a charter school.

(c) (I) (Deleted by amendment, L. 2010, (HB 10-1013), ch. 399, p. 1913, § 38, effective June 10, 2010.)

(II) For budget year 2000-01 and budget years thereafter, the amount of funding received by a charter school pursuant to this subsection (2) shall not be less than one hundred percent of the chartering school district's district per pupil revenues, minus up to five percent as provided in subparagraph (III) of paragraph (a) of this subsection (2), multiplied by the number of pupils enrolled in the charter school or as otherwise provided in paragraph (a.3) of this subsection (2) for any charter school chartered by a school district that enrolls five hundred or fewer students.

(III) For purposes of calculating a charter school's funding pursuant to this subsection (2):

(A) If the charter school operates a full-day kindergarten educational program, the pupils enrolled in the program are counted as full-day pupils; except that a student enrolled as less than a full-time pupil is counted in accordance with rules promulgated by the state board; and

(B) If the charter school operates a half-day kindergarten educational program, the pupils enrolled in the program are counted as half-day pupils and the number of pupils enrolled in the charter school must include the supplemental kindergarten enrollment as defined in section 22-54-103 (15).

(d) (Deleted by amendment, L. 2004, p. 1583, § 10, effective June 3, 2004.)

(e) (I) Fees collected from students enrolled at a charter school shall be retained by such charter school.

(II) (A) A charter school shall not charge the parent of a child enrolled in a kindergarten educational program tuition to attend any portion of the program and shall not charge the parent fees for the child to attend the program other than fees that are routinely charged to the parents of students enrolled in other grades and are applicable to the kindergarten educational program.

(B) Notwithstanding the provisions of subsection (2)(e)(II)(A) of this section, if the general assembly amends the "Public School Finance Act of 2025", article 54 of this title 22, to count a student enrolled in kindergarten only as a half-day pupil, with or without the addition of supplemental kindergarten enrollment as defined in section 22-54-103 (15) for purposes of calculating the funded pupil count as determined by article 54 of this title 22, a charter school may charge the student's parents tuition or a fee for the portion of the school day for which it does not receive funding for the student pursuant to the "Public School Finance Act of 2025"; except that the amount of tuition or fee charged must not exceed the amount of tuition or fee that the charter school charged to attend a full-day kindergarten educational program for the 2018-19 budget year, adjusted for inflation and prorated by the percentage of the school day for which the student is no longer funded by the "Public School Finance Act of 2025". As used in this subsection (2)(e)(II)(B), "inflation" means the annual percentage change in the United States department of labor bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable successor index.

(3) (a) (I) For the 1999-2000 budget year, notwithstanding subsection (2) of this section, the proportionate share of state and federal resources generated by students with disabilities or staff serving them shall be directed to charter schools enrolling such students by their school districts or administrative units. The proportionate share of moneys generated under other federal or state categorical aid programs shall be directed to charter schools serving students eligible for such aid.

(II) For budget year 2000-01 and budget years thereafter, if the charter school and the school district have negotiated to allow the charter school to provide federally required educational services pursuant to paragraph (a.8) of subsection (2) of this section, the proportionate share of state and federal resources generated by students receiving such federally required educational services or staff serving them shall be directed by the school district or administrative unit to the charter school enrolling such students.

(III) For budget year 2000-01 and budget years thereafter, the proportionate share of moneys generated under federal or state categorical aid programs, other than federally required educational services, shall be directed to charter schools serving students eligible for such aid; except that a school district that receives small attendance center aid pursuant to section 22-54-122 for a small attendance center that is a charter school shall forward the entire amount of such aid to the charter school for which it was received.

(IV) The school district shall distribute to each charter school on a per-pupil basis any state or federal money that is not otherwise addressed in subsection (2) of this section or in this subsection (3) and that the school district receives based on a per pupil calculation if the calculation includes pupils enrolled in the charter school.

(a.5) Each charter school that serves students who may be eligible to receive services provided through federal aid programs shall comply with all federal reporting requirements to receive the federal aid.

(b) If a student with a disability attends a charter school, the school district of residence shall be responsible for paying any tuition charge for the excess costs incurred in educating the child in accordance with the provisions of section 22-20-109 (5).

(c) Within ninety days after the end of each budget year, each school district shall provide to each charter school of the school district an itemized accounting of all the actual special education costs that the school district incurred for the applicable budget year and the basis of any per pupil charges for special education that the school district imposed against the charter school for the applicable budget year. If the itemized accounting includes services provided to the charter school by school district personnel, the itemized accounting, at the charter school's request, must include a list of the personnel positions and services provided by persons in each position.

(4) The governing body of a charter school is authorized to accept gifts, donations, or grants of any kind made to the charter school and to expend or use said gifts, donations, or grants in accordance with the conditions prescribed by the donor; however, no gift, donation, or grant shall be accepted by the governing body if subject to any condition contrary to law or contrary to the terms of the contract between the charter school and the local board of education.

(4.5) Except as provided in section 22-30.5-112.3 (2)(b), any moneys received by a charter school from any source and remaining in the charter school's accounts at the end of any budget year shall remain in the charter school's accounts for use by the charter school during subsequent budget years and shall not revert to the school district or to the state.

(5) Repealed. / (Deleted by amendment, L. 2004, p. 1583, § 10, effective June 3, 2004.)

(6) (Deleted by amendment, L. 2004, p. 1583, § 10, effective June 3, 2004.)

(7) A charter school shall comply with all of the state financial and budget rules, regulations, and financial reporting requirements with which the chartering school district is required to comply, including but not limited to annual completion of a governmental audit that complies with the requirements of the department.

(8) (a) Notwithstanding any provision of this section to the contrary, a chartering school district, under the circumstances specified in the contract between the school district and the charter school pursuant to section 22-30.5-105 (2)(c)(IV), may withhold a portion of a charter school's monthly payment due pursuant to this section.

(b) The chartering school district may withhold a portion of the payment due to the charter school only until such time as the charter school complies with the financial reporting requirements.

(9) (a) If a charter school determines that its chartering school district has not forwarded to the charter school the amount due to the charter school in accordance with the terms of the charter contract and the provisions of this section, the charter school may seek a determination from the state board regarding whether the chartering school district improperly withheld any portion of the amount due to the charter school. A charter school that chooses to request a determination pursuant to this subsection (9) of issues arising on or after July 1, 2004, shall submit the request within the next fiscal year following the fiscal year in which the chartering school district may have improperly withheld funding; except that, if the charter contract requires the charter school to complete any requirements prior to seeking a determination from the department pursuant to this subsection (9), the charter school shall submit the request no later than the end of the next fiscal year following the fiscal year in which the charter school completes said requirements.

(b) Upon receipt from a charter school of a request for a determination of whether the chartering school district has improperly withheld any portion of the amount due to the charter school, the state board shall direct the department to review the terms of the charter contract and the financial information of the charter school and the chartering school district and make a recommendation to the state board regarding whether the chartering school district improperly withheld any portion of the amount due to the charter school. The department shall request from the chartering school district and the charter school all information necessary to make the recommendation, including but not limited to audited financial data. The chartering school district and the charter school shall provide the requested information as soon as possible following the request, but in no event later than thirty days after completion of the annual financial audit. The department shall forward its recommendation to the state board within sixty days after receiving all of the requested information from the chartering school district and the charter school.

(c) At the next state board meeting following receipt of the recommendation of the department pursuant to paragraph (b) of this subsection (9), the state board shall issue its decision regarding whether the chartering school district improperly withheld any portion of the amount due to the charter school. If the state board finds that the chartering school district improperly withheld any portion of the amount due to the charter school, the chartering school district shall pay to the charter school, within thirty days after issuance of the decision, the amount improperly withheld. In addition, the chartering school district shall pay the costs incurred by the department in reviewing the necessary information to make its recommendation. If the state board finds that the chartering school district did not improperly withhold any portion of the amount due to the charter school, the charter school shall pay the costs incurred by the department in reviewing the necessary information to make its recommendation.

(d) If the chartering school district fails within the thirty-day period to pay the full amount that was improperly withheld, the charter school may notify the department, and the department shall withhold from the chartering school district's state equalization payment the unpaid portion of the amount improperly withheld by the chartering school district from the charter school and pay the unpaid portion directly to the charter school.

(10) (a) If a charter school determines that a school district has not paid the tuition charge for the excess costs incurred in educating a child with a disability as required in section 22-20-109 (5), the charter school may seek a determination from the state board in accordance with the provisions of subsection (9) of this section.

(b) If the state board determines that the school district has improperly withheld moneys due to the charter school, the school district, within thirty days after the state board's determination, shall pay to the charter school the amount improperly withheld. In addition, the school district shall pay the costs incurred by the department in reviewing the necessary information to make its recommendation. If the school district fails, within the thirty-day period, to pay the full amount that was improperly withheld, the charter school shall notify the department, and the department shall withhold from the school district's state equalization payment the unpaid portion of the amount improperly withheld by the district and pay the unpaid portion directly to the charter school.

(c) If the state board finds that the school district did not improperly withhold any portion of the amount due to the charter school, the charter school shall pay the costs incurred by the department in reviewing the necessary information to make its recommendation.

(11) (a) Notwithstanding any provision of this section to the contrary, a district charter school that converts from an institute charter school pursuant to section 22-30.5-504 (10) continues to receive, as calculated pursuant to section 22-30.5-513, the accounting district's adjusted per pupil revenues and at-risk supplemental aid as the funding applied to the converted school before the conversion; except that this subsection (11) does not apply if the converted school is authorized by a small rural school district, as described in section 22-54-108 (3)(b)(IV).

(b) Repealed.
C.R.S. § 22-11-402 — CO Code / Title 22 / Article 11 / Part 4 / Section 22-11-402
22-11-402. School accountability committee - powers and duties - meetings
Status: in_force

22-11-402. School accountability committee - powers and duties - meetings. (1) Each school accountability committee has the following powers and duties:

(a) To recommend to the principal of its school priorities for spending school moneys. The principal shall consider the school accountability committee's recommendations regarding spending state, federal, local, or private grants and any other discretionary moneys and take them into account in formulating budget requests for presentation to the local school board, if the school is a district public school, other than a charter school, or in creating the school budget if the school is a district or institute charter school. The school accountability committee for a district public school shall send a copy of its recommended spending priorities to the school district accountability committee and to the local school board.

(b) To advise the principal of the public school and, in the case of a district public school, the superintendent of the school district concerning the preparation of a school performance or improvement plan, if either is required pursuant to section 22-11-210, and to submit recommendations to the principal, and superintendent if applicable, concerning the contents of the performance or improvement plan;

(c) To advise the local school board or the institute concerning the preparation of a school priority improvement or turnaround plan, if either is required pursuant to section 22-11-210, and to submit recommendations to the local school board or the institute concerning the contents of the priority improvement or turnaround plan;

(d) To meet at least quarterly to discuss whether school leadership, personnel, and infrastructure are advancing or impeding implementation of the public school's performance, improvement, priority improvement, or turnaround plan, whichever is applicable, or other progress pertinent to the public school's accreditation contract with the local school board or the institute;

(e) To provide input and recommendations on an advisory basis to district accountability committees and district administration concerning:

(I) Principal development plans for their principal pursuant to section 22-9-106; and

(II) Principal evaluations conducted pursuant to section 22-9-106.

(f) To publicize and hold a public school accountability committee meeting pursuant to section 22-32-142 (2) or 22-30.5-520 (2) to discuss strategies to include in a public school priority improvement or turnaround plan;

(g) To publicize a public hearing held pursuant to section 22-32-142 (2), or, if the school is an institute charter school, to publicize and hold a public hearing pursuant to section 22-30.5-520 (2), to review a written public school priority improvement or turnaround plan. A member of the school accountability committee is encouraged to attend the public hearing.

(h) To increase the level of parent engagement in the school, especially the engagement of parents of students in the populations described in section 22-11-401 (1)(d). The committee's activities to increase parent engagement must include, but need not be limited to:

(I) Publicizing opportunities to serve and soliciting parents to serve on the school accountability committee. In soliciting parents to serve on the school accountability committee, the school accountability committee shall direct the outreach efforts to help ensure that the parents who serve on the school accountability committee reflect the student populations that are significantly represented within the school, as provided in section 22-11-401 (1)(d).

(II) Assisting the school district in implementing at the school the parent engagement policy adopted by the local school board pursuant to section 22-32-142; and

(III) Assisting school personnel to increase parents' engagement with teachers, including but not limited to parents' engagement in creating students' READ plans pursuant to part 12 of article 7 of this title, in creating individual career and academic plans pursuant to section 22-32-109 (1)(oo) or 22-30.5-525, and in creating plans to address habitual truancy pursuant to section 22-33-107 (3).

(2) Notwithstanding any provision of subsection (1) of this section to the contrary, the school accountability committee for a public school is not required to implement the requirements specified in paragraph (h) of subsection (1) of this section if the department determines that the public school's school district is rural, based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area, and the school district enrolls fewer than one thousand students in kindergarten through twelfth grade.
C.R.S. § 22-54-115 — CO Code / Title 22 / Article 54 / Section 22-54-115
22-54-115. Distribution from state public school fund
Status: repealed

22-54-115. Distribution from state public school fund. (1) No later than June 30 of each year, the state board shall determine the amount of the state's share of the district's total program for the budget year beginning on July 1, and the total thereof for all districts. The department of education shall pay the unpaid amount of the state's share of each district's total program to each district in a pattern over the remaining months of the budget year that considers the projected timing of when each district receives the district's property tax component of its total program so that the state's share of the district's total program each month is an amount that when combined with the district's property tax component of its total program is as equal month to month as mathematically possible. To determine the pattern pursuant to this subsection (1), the department of education shall assume that each district receives the specific ownership tax component of the district's share of its total program in twelve approximately equal monthly payments based upon the annual projection and that the district receives the property tax component of the district's share of its total program in three approximately equal payments based upon the annual projection in March, May, and June each year. Additionally:

(a) Such payments shall be adjusted following the certification of pupil enrollments and the certification of valuations for assessment to the state board pursuant to section 22-54-112 (1) and (2);

(b) Such payments shall be adjusted in accordance with any district's instructions given pursuant to subsection (1.5) of this section; and

(c) Such payments shall be adjusted in accordance with the provisions of subsection (1.3) of this section.

(1.1) (a) Notwithstanding subsection (1) of this section to the contrary, upon the request of a school district, the department of education shall pay the state's share of the district's total program for the budget year in twelve approximately equal monthly payments during the budget year, and unless requested otherwise by the school district, the department of education shall pay the state's share of the district's total program for the budget year in twelve approximately equal monthly payments in each budget year thereafter.

(b) A school district must make a request pursuant to this subsection (1.1) on or before July 1 of the applicable budget year for the applicable budget year.

(1.2) The department of education shall not change a school district's distribution schedule pursuant to subsection (1) or (1.1) of this section during the current budget year for the current budget year.

(1.3) (a) In determining the state's share of each district's total program, the state board shall determine whether the district is an accounting district of an institute charter school. If a district is an accounting district of an institute charter school, the state board shall instruct the department of education to withhold from the amount of the state share otherwise payable to the district an amount equal to the lesser of:

(I) One hundred percent of the adjusted district per pupil revenues, as defined in section 22-30.5-513 (1)(b), multiplied by the number of pupils enrolled in the institute charter school who are not online pupils plus one hundred percent of the district per pupil online funding multiplied by the number of online pupils enrolled in the institute charter school; or

(II) The total amount of the state share payable to the district.

(a.5) In any budget year in which the state share of an accounting district of an institute charter school is less than the amount specified in subparagraph (I) of paragraph (a) of this subsection (1.3), the department of education shall submit a request for a supplemental appropriation in an amount that will fully fund the amount specified in said subparagraph (I). The department shall make the request to the general assembly during the budget year in which the underfunding occurs. If the general assembly does not make the requested supplemental appropriation, the department shall pay to the institute charter school the amount specified in subparagraph (II) of paragraph (a) of this subsection (1.3).

(b) The amount withheld shall be payable to the state charter school institute, in twelve approximately equal monthly payments during the budget year for payment to the institute charter school pursuant to section 22-30.5-513 (4).

(1.5) Any school district may give written instructions to the state board directing that a specified portion of a monthly payment or monthly payments that the district is otherwise entitled to receive pursuant to this section shall be transferred to the department of labor and employment for the district's cost of participating in school-to-work alliance programs. These written instructions shall specify the amount to be transferred to the department of labor and employment from the district's payment for a specified month or months. The written instructions shall be given to the state board no later than the fifth day of the first month in which such amount is to be transferred to the department of labor and employment.

(2) No later than the fifteenth day of each month, the state board shall certify to the state treasurer the amount payable to each district and to the state charter school institute in accordance with subsection (1.3) of this section during said month and the amount, if any, to be transferred to the department of labor and employment during said month in accordance with subsection (1.5) of this section.

(3) No later than the twenty-fifth day of each month, the state treasurer shall:

(a) Pay the amount certified as payable to each district, less the total amount of any direct payments made by the state treasurer on behalf of charter schools chartered by each school district of any principal and interest due on bonds pursuant to section 22-30.5-406 directly to the treasurer of each district or, in accordance with written instructions from the district, directly to an account designated by the district that allows the district to retain title to the funds;

(b) Transfer the amount certified, if any, to the department of labor and employment; and

(c) Pay the amount certified as payable to the state charter school institute directly or, in accordance with written instructions from the state charter school institute, directly to an account designated by the state charter school institute that allows the state charter school institute to retain title to the funds.

(4) The state board shall take care to avoid overpayment of state moneys. If it is determined that any district or the state charter school institute has been overpaid in any month, the state board shall adjust the following monthly payment or payments to such district or the state charter school institute so as to recover the amount overpaid. In the event that an overpayment cannot be recovered, the amount thereof shall be refunded to the state public school fund by the district or the state charter school institute receiving the same.

(5) (Deleted by amendment, L. 94, p. 800, § 2, effective April 27, 1994.)

(6) (a) Notwithstanding any provision of this section to the contrary, for the 2010-11 budget year, the department of education shall pay in installments to each district the amount of the state's share of the district's total program for the budget year as adjusted pursuant to paragraph (a) of subsection (1) of this section and shall pay in installments to the state charter school institute the total amount withheld from any accounting district pursuant to paragraph (a) of subsection (1.3) of this section for the budget year; except that the timing and amount of each installment payment to each district and the state charter school institute shall be determined by the department.

(b) Repealed.
C.R.S. § 22-60.5-203 — CO Code / Title 22 / Article 60.5 / Part 2 / Section 22-60.5-203
22-60.5-203. Assessment of professional competencies - multiple measures to assess profession
Status: in_force

22-60.5-203. Assessment of professional competencies - multiple measures to assess professional competencies - rules. (1) The state board of education shall, by rule, establish areas of knowledge in which initial teacher licensees shall possess a satisfactory level of proficiency.

(2) The state board by rule shall identify the professional competencies required of the applicants described in subsection (3) of this section specifically in the context of the requirements of standards-based education pursuant to the requirements of part 10 of article 7 of this title. Such professional competencies apply to an applicant only within the scope of the subject matter to be taught by the applicant.

(3) (a) Beginning in the 2023-24 academic year, applicants for initial teacher licenses, and applicants for professional teacher licenses who did not demonstrate professional competencies prior to obtaining an initial teacher license, may demonstrate professional competencies by:

(I) Successfully completing an approved content-based or performance-based assessment;

(II) Successfully completing an examination by a review panel of an approved portfolio of course work;

(III) Submitting evidence of achieving sufficiently high education course work grades on course work aligned with relevant standards; or

(IV) A combination of the methods described in subsections (3)(a)(I), (3)(a)(II), and (3)(a)(III) of this section.

(b) The review panel may examine a portfolio of course work, as described in subsection (3)(a)(II) of this section, for up to one thousand applicants for initial teacher licenses. The review panel shall not examine a portfolio of course work for more than one thousand applicants for initial teacher licenses.

(c) The department, in collaboration with the department of higher education, institutions of higher education, as defined in section 23-3.9-301 (8), the state board for community colleges and occupational education created in section 23-60-104, and school districts, shall recommend to the state board of education standards and procedures necessary to implement the multiple measures of professional competencies set forth in subsection (3)(a) of this section. Recommendations may include a definition of "sufficiently high education course work grades" and the process for a review panel to examine a portfolio of course work. In recommending standards and procedures to the state board of education, the department shall consider feedback from stakeholders in the education community.

(d) The department may recommend to the state board of education existing programs, resources, and materials that are available to the department for the implementation of the multiple measures of professional competencies set forth in subsection (3)(a) of this section.

(e) The state board of education shall promulgate rules to establish the standards and procedures to measure professional competencies through the multiple measures set forth in subsection (3)(a) of this section.

(f) Beginning in January 2025, and in January every year thereafter, the department shall include as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing required by section 2-7-203 information concerning:

(I) The total number of panelists hired to sit on a review panel to examine portfolios of course work;

(II) The total number of hours the review panel reviews educator portfolios;

(III) The total number of educator candidates who submit a portfolio of course work for examination by the review panel;

(IV) The total number of educator candidates who submit evidence of achieving sufficiently high education course work grades on course work aligned with relevant standards;

(V) The total number of educator candidates who complete an approved content-based assessment;

(VI) The total number of educator candidates who complete an approved performance-based assessment; and

(VII) The total number of educator candidates who demonstrate professional competencies by a combination of the methods described in subsection (3)(a) of this section.

(g) The provisions of this subsection (3) do not affect the teacher training requirements specified in section 22-7-1208 (6).

(4) The state board of education shall annually review the program for measuring professional competencies developed pursuant to subsection (3)(a) of this section to assure the appropriateness of the assessments and the standards established to determine a satisfactory level of proficiency.

(5) The state board of education shall, by rule, establish common credit hour standards for all approved educator preparation programs for the purpose of satisfying subsection (6) of this section.

(6) For purposes of establishing minimum competency in a licensure endorsement area, the state board of education shall establish minimum course work standards that align with the quality standards established by the state board of education pursuant to section 22-2-109 (3). Attainment of the minimum course work standards may be shown in one of the following ways:

(a) For early childhood education, early childhood special education, and elementary teachers, including special education generalist teachers, demonstration of competencies using the multiple measures set forth in subsection (3)(a) of this section;

(b) For secondary teachers:

(I) A degree in the endorsement area;

(II) Demonstration of competencies using the multiple measures set forth in subsection (3)(a) of this section; or

(III) Twenty-four hours of course work in the endorsement area.