C.R.S. § 22-60.5-112.5 — CO Code / Title 22 / Article 60.5 / Part 1 / Section 22-60.5-112.5
22-60.5-112.5. National credential - fee assistance - one-time payments
Status: repealed

22-60.5-112.5. National credential - fee assistance - one-time payments. (1) (a) For the 2002-03 budget year, the 2004-05 budget year, and each budget year thereafter, subject to available appropriations, the department of education shall assist persons who are seeking national credentials by paying a portion of the fees charged for such national credential. The general assembly shall annually appropriate, if available, moneys from the state education fund, created in section 17 (4) of article IX of the state constitution, to the department of education to be used for the purposes of this section. Fee assistance pursuant to this section shall be available to any person who:

(I) Is seeking a national credential from an approved professional organization as a requirement for or in the course of obtaining master teacher certification pursuant to this article;

(II) Repealed.

(III) Is employed as a teacher in a public school or an approved facility school, as defined in section 22-2-402 (1), in this state at the time of applying for fee assistance pursuant to this section; and

(IV) Applies for national credential fee assistance as provided in this section.

(b) Repealed.

(2) (a) To apply for national credential fee assistance pursuant to this section, a person shall present to the department of education the following items:

(I) Proof that the person has begun the process to obtain the national credential and identification of the national credential program in which the person will participate to obtain the national credential;

(II) Proof that the person has received or will receive national credential fee assistance through a federal assistance program and the amount of such assistance; and

(III) Proof that the person is employed as a teacher at a public school or an approved facility school, as defined in section 22-2-402 (1), in this state at the time of applying for national credential fee assistance.

(b) Following receipt of the items specified in paragraph (a) of this subsection (2) and verification that the person meets the criteria specified in subsection (1) of this section, the department of education shall forward the fee assistance to the identified national credential program on behalf of the person in the amount specified in subsection (1) of this section. The fee assistance shall be paid out of moneys appropriated to the department of education pursuant to paragraph (a) of subsection (1) of this section.

(c) If a person who receives fee assistance pursuant to this section does not complete the national credential program for which he or she received such assistance, the national credential program shall refund to the department of education the amount of fee assistance paid on behalf of said person.

(3) (a) The state board of education shall promulgate rules as necessary for the implementation of this section, including but not limited to a rule identifying those nationally recognized professional credentialing organizations that are approved for purposes of this section.

(b) (Deleted by amendment, L. 2006, p. 677, § 18, effective April 28, 2006.)

(4) (a) The general assembly recognizes that, to obtain a national credential from an approved professional organization, a teacher must demonstrate excellence in teaching skills and achieve a very high level of performance. The general assembly further recognizes that incentives to encourage teachers to obtain national credentialing will benefit the students of Colorado by encouraging teachers to achieve higher levels of performance. Therefore, the general assembly hereby finds that, for purposes of section 17 of article IX of the state constitution, providing national credential fee assistance to teachers who obtain a national credential from an approved professional organization constitutes a performance incentive for teachers and such teachers may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.

(b) Repealed.

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

(a) "Approved professional organization" means a nationally recognized professional credentialing organization that is approved by rule of the state board of education.

(b) "National credential" means a certification or other form of registration or credential issued by a nationally recognized professional credentialing organization. "National credential" shall include, but need not be limited to, certification by the national board for professional teaching standards.
C.R.S. § 22-30.5-306 — CO Code / Title 22 / Article 30.5 / Part 3 / Section 22-30.5-306
22-30.5-306. Independent charter schools - charter - term
Status: repealed

22-30.5-306. Independent charter schools - charter - term. (1) The response to the request for proposals forwarded by the commissioner pursuant to section 22-30.5-305 (2) shall constitute the application for a charter pursuant to section 22-30.5-106. Notwithstanding the time limit established in section 22-30.5-107 (1), the local board of education shall consider the application for the upcoming school year.

(2) With the assistance from the commissioner or the commissioner's designee, the selected applicant and the local board of education shall negotiate the terms of the independent charter, which may be different from or in addition to the terms of the response to the request for proposals; except that:

(a) The independent charter school shall be entitled to use the school building in which the public school that is subject to conversion was operated. The independent charter school and the local board of education shall negotiate an amount of rent to be paid, which shall be not more than twelve dollars per year, and all other costs for the operation and maintenance of the building and related facilities.

(b) The term of the independent charter school's charter shall be four years.

(3) (a) On or before May 30 of the year in which the independent charter school is to open, all negotiations between the selected applicant and the local board of education shall be concluded and the local board of education shall accept the application following a public hearing held upon public notice.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (3), if, during the year prior to the year in which the independent charter school is to open, the school is required to implement a priority improvement plan, an improvement plan, or a performance plan pursuant to section 22-11-405, 22-11-404, or 22-11-403, respectively, the local board of education and the applicant may jointly agree to allow the school to remain under the administration of the local board of education.

(4) Except as specifically provided in this part 3, an independent charter school shall be entitled to all of the rights granted by and subject to the obligations imposed by section 22-30.5-104.

(5) (a) (Deleted by amendment, L. 2009, (SB 09-163), ch. 293, p. 1538, § 32, effective May 21, 2009.)

(b) Repealed.
C.R.S. § 22-7-1006.3 — CO Code / Title 22 / Article 7 / Part 10 / Section 22-7-1006.3
22-7-1006.3. State assessments - administration - rules - definitions
Status: repealed

22-7-1006.3. State assessments - administration - rules - definitions. (1) (a) Beginning in the 2015-16 school year, the department of education, in collaboration with local education providers, shall administer the state assessments in the instructional areas of English language arts, mathematics, science, and social studies, as adopted by the state board pursuant to section 22-7-1006, as follows:

(I) The department shall administer a state assessment in English language arts and a state assessment in mathematics to all students enrolled in grades three through eight in public schools throughout the state.

(II) The department shall administer a state assessment in science to students enrolled in public elementary, middle, and high schools throughout the state. The department shall select the specific grades in which to administer the state science assessment, ensuring that students take the state science assessment once in elementary school, once in middle school, and once in high school; except that the department shall not administer the state science assessment to students enrolled in twelfth grade.

(III) The department shall administer a state assessment in social studies to students enrolled in public elementary and middle schools throughout the state. The department shall select the specific grades in which to administer the state social studies assessment, ensuring that students take the state social studies assessment once in elementary school and once in middle school. The department shall administer the social studies assessment required by this subsection (1)(a)(III) in a representative sample of public schools each school year, ensuring that it administers the social studies assessment in each public school at least once every three years. A school district, for one or more of the schools of the school district that are not included in the representative sample, or a charter school that is not included in the representative sample, may request that the department administer the assessment in the district school or charter school. The department shall administer the social studies assessment in the requested school in the school year following the school year in which it receives the request.

(b) Repealed.

(c) The department of education, in collaboration with local education providers, shall administer the state assessments on a schedule that the department annually sets.

(d) If all or any portion of a state assessment administered pursuant to subsection (1)(a) of this section requires a student to use a computer to take the assessment, at the request of a local education provider, the department of education must administer the portions of the state assessment that require a computer in a format that a student may complete using pencil and paper. Each local education provider shall report to the department the number of students it enrolls who will take the state assessment in a pencil-and-paper format.

(e) (I) The department of education shall review and update assessment administration and security policies as necessary to maintain the integrity of the assessments.

(II) For all or any portion of a state assessment administered pursuant to subsection (1)(a) of this section that allows a student to use a computer, the department of education shall develop, review, and update state assessment administration and security policies for home-based, virtual administration of computer-based state assessments for students enrolled full time in online schools or online programs, as defined in section 22-30.7-102. The state assessment administration and security policies must include, but not be limited to:

(A) Testing personnel qualifications;

(B) Maximum ratio of students to virtual administrator;

(C) Tester verification;

(D) Remote setting requirements, including restriction to other devices or people with or without internet capabilities;

(E) Monitoring of the test-taker and testing environment;

(F) Device and network requirements;

(G) Parental consent agreements; and

(H) Eligibility for schools to conduct home-based, virtual administration of state assessments.

(III) The policies established pursuant to subsection (1)(e)(II) of this section must support the validation activities necessary for the home-based, virtual administration of state assessments in the 2024-25 school year, with the expectation of full implementation of home-based, virtual administration of state assessments no later than the 2025-26 school year that result in valid scores for the purposes described in subsection (7)(b) of this section.

(IV) To establish the validity of home-based, virtually administered state assessments beginning in the 2024-25 school year, the department of education shall conduct validation activities, gather data, and evaluate the comparability of scores between home-based, virtually administered state assessments and school-based, in-person administered state assessments. To encourage student and educator participation in validation activities, the department of education may provide incentives.

(V) As used in this subsection (1)(e), unless the context otherwise requires:

(A) "Device" means electronic equipment controlled by a central processing unit, including, but not limited to, desktop or laptop computers, smartphones, or tablets.

(B) "Validation activities" means the process of collecting evidence to evaluate the appropriateness of the interpretations of, uses for, and decisions made based on state assessment results.

(2) (a) The department of education shall select and the state shall pay the costs of administering an assessment that is aligned with the state academic standards for students enrolled in ninth grade and with the assessment selected pursuant to subsection (2)(a.5) of this section. Every five years, the department shall request competitive bids and contract for the assessment required in this subsection (2)(a). Each local education provider shall administer the ninth-grade assessment during the spring semester on a schedule that the department annually sets.

(a.5) The department of education shall select and the state shall pay the costs of administering an assessment that is aligned with the state academic standards for students enrolled in tenth grade and with the assessment selected pursuant to subsection (2)(b) of this section. Every five years, the department shall request competitive bids and contract for the assessment required in this subsection (2)(a.5). Each local education provider shall administer the assessment for students enrolled in tenth grade. Each local education provider shall administer the tenth-grade assessment on a schedule that the department annually sets.

(b) The department of education shall select and the state shall pay the costs of administering an assessment that is administered throughout the United States and relied upon by institutions of higher education, referred to in this section as the "curriculum-based, achievement college entrance exam". Every five years, the department shall request competitive bids and contract for the curriculum-based, achievement college entrance exam. At a minimum, the curriculum-based, achievement college entrance exam must test in the areas of reading, writing, mathematics, and science. Each local education provider shall administer the curriculum-based achievement college entrance exam for students enrolled in eleventh grade. The local education provider shall administer the writing portion of the curriculum-based, achievement college entrance exam to each student who requests the opportunity to take the writing portion. The department shall pay the costs of administering the writing portion of the exam.

(c) (I) The department of education shall annually schedule a day on which the curriculum-based, achievement college entrance exam is administered for all eleventh-grade students enrolled in public high schools throughout the state.

(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (c), a student who can show a need to take the curriculum-based, achievement college entrance exam on an alternate date on which the exam is administered throughout the country may take the exam on that alternate date, so long as the alternate date is before the date scheduled by the department pursuant to subparagraph (I) of this paragraph (c). The department shall pay all costs associated with a student taking the curriculum-based, achievement college entrance exam on an alternate date as provided in this subparagraph (II).

(d) The state board shall adopt rules to ensure that the requirements of the administrator of the curriculum-based, achievement college entrance exam, such as a secure environment, are met and to identify the level of need that a student must demonstrate to take the curriculum-based, achievement college entrance exam on an alternate date as provided in subparagraph (II) of paragraph (c) of this subsection (2).

(2.5) As soon as practicable after June 10, 2016, the department of education shall apply to the federal department of education for innovative assessment and accountability demonstration authority as authorized in section 1201 of Title I of part B of the federal "Every Student Succeeds Act", Pub.L. 114-95, enacted by the 114th Congress. The commissioner of education shall notify the chairs of the education committees of the house of representatives and the senate, or any successor committees, when the department submits the application and when the department receives the response from the federal department of education granting or denying the state demonstration authority.

(3) (a) Except as otherwise provided in paragraphs (b) and (c) of this subsection (3), each student enrolled in a public school is required to take the state assessments administered pursuant to subsection (1) of this section at the student's grade level, as determined by the enrolling local education provider.

(b) A child who is enrolled in a nonpublic school or participating in a nonpublic home-based educational program pursuant to section 22-33-104.5 is not required to take a state assessment administered pursuant to this section, even though the child may also be attending a public school for a portion of the school day and therefore included in the enrollment of a local education provider.

(c) A student who has an individualized education program as provided in section 22-20-108, and whose individualized education program specifies that the student takes the state's alternate assessment for students with significant cognitive disabilities or another assessment approved by rule of the state board, is not required to take the state assessments administered pursuant to subsection (1) of this section, but the student must take the alternate assessment or the other approved assessment. Each local education provider shall report to the department of education the results of the alternate assessments or other approved assessments administered to students enrolled by the local education provider. The department shall aggregate the results separately for each public school.

(d) If a student has an individualized education program as provided in section 22-20-108 that specifies that the student takes the state assessment, the enrolling local education provider shall assess the student in each instructional area for which there is a state test at the student's grade level. If, as part of a student's individualized education program, the student attends part-time a school or program away from the school in which the student is enrolled, the local education provider that enrolls a student, or the administrative unit that the local education provider is a member of, may designate either the school of residence or the school of attendance as the school to which the department of education must assign the student's scores for purposes of measuring the levels of attainment on the performance indicators specified in section 22-11-204, determining accreditation categories pursuant to section 22-11-208, and measuring public school performance pursuant to section 22-11-210. If a student who has an individualized education program attends school in an administrative unit other than the student's administrative unit of residence, and there is a contract between the two administrative units, the administrative units must specify in the contract the public school to which the department shall assign the student's scores for purposes of measuring the levels of attainment on the performance indicators, determining accreditation categories, and measuring public school performance.

(4) (a) (I) The department of education in collaboration with local education providers shall administer the English versions of the state assessments and may administer an assessment adopted by the state board in languages other than English, as may be appropriate for English language learners; except that a student who has participated in an English language proficiency program, as provided in article 24 of this title, for more than a total of three school years is ineligible to take the state assessments in a language other than English.

(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (a) to the contrary, a local education provider may administer an assessment adopted by the state board in a language other than English for up to five years to a student who is an English language learner if allowed by a waiver received from the federal department of education pursuant to paragraph (c) of this subsection (4).

(b) The state board shall revise as necessary and the department of education shall administer reading and writing assessments in Spanish for students enrolled in the third and fourth grades.

(c) As soon as practicable after May 20, 2015, the department of education shall submit to the federal department of education a request for a waiver of federal law to enable a local education provider to administer a state assessment in a language other than English for up to five school years to a student who is an English language learner.

(5) (a) Notwithstanding any provision of this section to the contrary, a student who is an English language learner, as defined in section 22-24-103, and who has been enrolled in a school in the United States for fewer than twelve months is not required to take the English language arts assessment required in subsection (1) of this section. The year in which the student does not take the English language arts assessment is included as one of the three or five years, as applicable, in which the student may take the state assessment in his or her native language as provided in subsection (4) of this section.

(b) If allowed by federal law or by a waiver of federal law received from the federal department of education pursuant to paragraph (c) of this subsection (5), in the first twenty-four months in which a student who is an English language learner is enrolled in a school in the United States and takes the English language arts assessment, the department of education shall not include the student's scores in calculating achievement of the performance indicators pursuant to part 2 of article 11 of this title for the local education provider that enrolls the student.

(c) As soon as practicable after May 20, 2015, the department of education shall submit to the federal department of education a request for a waiver of federal law as necessary to implement paragraph (b) of this subsection (5).

(6) The department of education, by policy, may determine whether the scores of one or more groups of students are not appropriate to be used in measuring the levels of attainment on the performance indicators, as defined in section 22-11-103. A policy that the department adopts pursuant to this subsection (6) must be in accordance with the requirements of federal statutes and regulations.

(7) (a) The department of education shall provide to each local education provider the results of all of the state assessments that the local education provider administers and make available to local education providers the state assessment data of individual students that is required to measure academic progress over time. The department shall align the disaggregation of state assessment results with the exclusion of scores permitted by subsection (6) of this section.

(b) The department of education shall release to the public only those state assessment results that the department deems valid. The department shall not rely on state assessment results that the department has deemed invalid in performance calculations when assigning accreditation levels or school plan types, as described in article 11 of this title, to a local education provider. At any time that the department releases state assessment results to the public, in addition to releasing the results of the English versions of the state assessments, the department shall release the results of any state assessments administered in languages other than English.

(c) At the request of a local education provider, the entity that is responsible for developing a state assessment must return to the local education provider the student responses to the essay portion and appropriate paragraphs that are released from the English language arts portion of the state assessment and the results of all requested state assessments. The requesting local education provider must pay the entity for the actual cost of photocopying and mailing the English language arts portion of the state assessment. The requesting local education provider shall maintain the confidentiality of all state assessment results that it receives and may use the essay portion and appropriate paragraphs only to improve an individual student's writing skills.

(d) Each local education provider shall include the results of the state assessments administered pursuant to subsection (1) of this section on each student's final report card for the applicable school year and include the results in the student's permanent academic record; except that a local education provider may include state assessment data on a student's final report card only if the local education provider has sufficient time to process the state assessment results after they are released.

(8) (a) Each local education provider shall adopt policies to ensure that appropriate personnel within each school district and each institute charter school share with and explain to the parent or legal guardian of each student enrolled in the school district or the institute charter school the student's state assessment results returned to the student's public school pursuant to subsection (7) of this section.

(b) The department of education shall create, maintain, and make available to local education providers and parents or legal guardians, upon request, a list of resources and programs that public schools and parents or legal guardians may access to assist students in addressing specific learning issues identified by the state assessment results provided pursuant to this section.

(9) (a) The department of education shall permit a nonpublic school to administer the state assessments required by subsection (1) of this section and shall provide to the nonpublic school the results of any state assessments administered. The nonpublic school must pay all costs associated with administering and providing results for the state assessments.

(b) A local education provider, upon the request of the parent or legal guardian of a child who is participating in a nonpublic home-based educational program pursuant to section 22-33-104.5, must permit the child to take a state assessment required by subsection (1) of this section and must provide to the parent or legal guardian of the child the results of state assessments administered. The parent or legal guardian of the child must pay all costs associated with administering and providing results for the state assessments.

(10) For each fiscal year, the general assembly shall appropriate money in the annual general appropriation act to the department of education to fund administration of the state assessments as described in this section, including administration of the ninth-grade assessment, the tenth-grade assessment, and the curriculum-based, achievement college entrance exam described in subsection (2) of this section.

(11) Repealed.
C.R.S. § 22-32-118 — CO Code / Title 22 / Article 32 / Section 22-32-118
22-32-118. Summer schools - continuation, evening, and community education programs
Status: repealed

22-32-118. Summer schools - continuation, evening, and community education programs. (1) During that period of the calendar year not embraced within the regular school term, a board of education may provide and conduct courses in subject matters normally included in the regular school program or in demand by the pupils of the district, may fix and collect a charge for attendance at such courses in an amount not to exceed the per capita cost of the operation thereof, and may give regular school credit for satisfactory completion by students of such courses, in the discretion of the board. Such courses or programs not conducted during the regular school term shall not for any purpose, other than school credit, be considered part of the regular school program.

(2) (a) A board of education may establish and maintain continuation programs, part-time programs, evening programs, vocational programs, programs for aliens, and other opportunity programs and may pay for such programs out of the moneys of the school district or charge a fee or tuition. A board may also establish and maintain open-air schools, playgrounds, and museums and may pay for the same out of moneys of the school district.

(b) In addition to the authority granted to a board of education in subsection (2)(a) of this section, a board may establish and maintain community education programs in cooperation with any unit of local government, quasi-governmental agency, institution of higher education, or civic organization and may pay for such programs by a fee or tuition charged or out of moneys of the school district. Attendance in community education programs shall not be considered in computing pupil enrollment under article 54 of this title 22 and part 1 of article 8 and article 60 of title 23.

(c) For the purposes of this subsection (2), a "community education program" may be defined as a program which, while not interfering with the regular school program, may offer a composite of services to the citizens of its service area, including, but not limited to, year-round use of the facilities and personnel of the school for off-hours educational, cultural, recreational, and social enrichment activities for children, youth, and adults; family education and counseling, civic affairs meetings, and discussions; counseling for teenagers; community organization activities; senior citizen activities; cooperation with other social agencies and groups in improving community life; and other similar activities which provide educational, social, cultural, and recreational programs for children, youth, and adults. As used in this paragraph (c):

(I) "Senior citizen" means a person sixty years of age or older and includes the spouse of a senior citizen.

(II) "Senior citizen activity" includes, but is not limited to:

(A) Provision for the serving to senior citizens of the meals regularly served to students at regular mealtimes and at a price not to exceed the adult cost of the meal as determined by the board of education of the school district;

(B) Senior citizen volunteer programs in which senior citizens may assist in any or all aspects of school operation;

(C) Utilization of school facilities for senior citizens' social, educational, cultural, and recreational purposes.

(d) Repealed.

(3) Any charge, fee, or tuition collected pursuant to the provisions of this section shall be used to fund the program for which the charge, fee, or tuition was collected and shall not be expended for any other purpose.
C.R.S. § 22-42-111 — CO Code / Title 22 / Article 42 / Section 22-42-111
22-42-111. Count and canvass
Status: repealed

22-42-111. Count and canvass. (Repealed)
C.R.S. § 22-43.7-101 — CO Code / Title 22 / Article 43.7 / Part 1 / Section 22-43.7-101
22-43.7-101. Short title
Status: in_force

22-43.7-101. Short title. This article shall be known and may be cited as the "Building Excellent Schools Today Act".
C.R.S. § 22-32-140 — CO Code / Title 22 / Article 32 / Section 22-32-140
22-32-140. Standardized immunization policy required
Status: in_force

22-32-140. Standardized immunization policy required. On or before July 1, 2011, each school district board of education shall annually provide to the parent or legal guardian of each student enrolled in a school of the school district the standardized immunization document developed and updated by the department of public health and environment pursuant to section 25-4-902 (4), C.R.S. For purposes of this section, solely posting a copy of the standardized immunization document on a website or in a central area of the school is not sufficient to satisfy the notice requirements of this section; however, each school district is encouraged to post a copy of the standardized immunization document on its website.
C.R.S. § 22-1-130 — CO Code / Title 22 / Article 1 / Section 22-1-130
22-1-130. Notice to parents of alleged criminal conduct by school employees - legislative
Status: in_force

22-1-130. Notice to parents of alleged criminal conduct by school employees - legislative declaration - definitions. (1) (a) The general assembly finds that:

(I) It is the right and responsibility of parents to guide the education and upbringing of their children;

(II) An essential role of parents in ensuring the safety and quality of their children's education is to remain active, engaged, and fully informed about what is occurring in their children's classrooms and within the school environment;

(III) Ensuring the safety of school children is one of the primary responsibilities of state and local government, law enforcement, and school communities;

(IV) In order to ensure a safe school environment that is conducive to learning, students and parents must be assured that criminal behavior that is harmful to children is reported and dealt with appropriately and in a manner that is transparent to parents and the school community; and

(V) Parents are understandably concerned when law enforcement agencies make accusations about school employees at their children's schools.

(b) Therefore, the general assembly declares that it is appropriate to require a public school to notify parents of school children when a school employee is charged with certain crimes that may put children at risk.

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

(a) "Employee" means an employee of a local education provider whose employment requires or required the employee to be in contact with students or whose work area gives or gave the employee access to students. "Employee" includes a former employee if the employee was employed by the local education provider at any time within twelve months before an offense is charged. If a school district, district charter school, or institute charter school has contracted with a private entity to operate an online school, the employee of the private entity is deemed to be an employee of the school district, district charter school, or institute charter school for purposes of this section.

(b) "Local education provider" means a school district, a board of cooperative services, a charter school collaborative, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22, and a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22.

(c) "Parent" means the biological or adoptive parent or the legal guardian or legal custodian of a student enrolled in a local education provider at the time notification is made pursuant to this section.

(3) (a) Pursuant to section 22-2-119 (4)(b), local education providers routinely receive reports from the Colorado bureau of investigation relating to employees who have previously been subject to a background check. If a local education provider receives a report from the Colorado bureau of investigation that includes information that an employee has been arrested for an offense described in subsection (3)(b) of this section, the local education provider shall monitor the criminal proceedings to determine whether the employee is charged with an offense described in subsection (3)(b) of this section and whether a preliminary hearing has been held if the charge is eligible for a preliminary hearing.

(b) The local education provider shall notify parents, as provided in subsection (4) of this section, if an employee is charged, as that term is defined in section 16-1-104 (6), with:

(I) Felony child abuse, as specified in section 18-6-401;

(II) A crime of violence, as defined in section 18-1.3-406, not including assault in the second degree unless the victim is a child;

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

(IV) A felony, where it is alleged that the underlying factual basis of which includes an act of domestic violence, as defined in section 18-6-800.3;

(V) Felony indecent exposure, as described in section 18-7-302; or

(VI) A felony drug offense described in part 4 of article 18 of title 18 that is a level 1 or level 2 drug felony.

(4) (a) Within two school days after the preliminary hearing is held or is waived or deemed waived by the employee, or within two school days after the date on which the employee is charged, if the charged offense is not eligible for a preliminary hearing, the local education provider shall provide notice to parents pursuant to subsection (5) of this section.

(b) If the local education provider has already provided notice to parents that substantially conforms with the notice requirements set forth in subsection (5) of this section, the local education provider need not provide additional notice pursuant to the provisions of this section.

(c) The local education provider must provide notice to the parents of a student:

(I) Enrolled in the public school in which the employee is employed or was employed at the time of the alleged offense; or

(II) With whom the local education provider has reason to believe the employee may have had contact as part of his or her employment with the local education provider.

(d) The local education provider shall provide the required notice to parents in the same manner by which the local education provider notifies parents of important school business, which may include e-mail notification or other electronic communication sent directly to parents or by first-class mail. Within two school days after the local education provider confirms the disposition of the charge, the local education provider shall provide notice to parents of the disposition of the charge using the same notification method used in the original notice to parents.

(e) Notwithstanding the provisions of subsection (4)(a) of this section to the contrary, if a delay in parent notification is requested by the appropriate law enforcement agency, the local education provider shall delay notification to parents until the request is withdrawn.

(f) A local education provider shall notify parents pursuant to this section regardless of whether the actions giving rise to the charge occurred while the employee was on duty.

(g) The board or governing body of the local education provider shall establish policies to comply with the provisions of this section when school is not in session.

(5) (a) The local education provider's notification to parents of a charge brought against an employee must include the following:

(I) The name of the employee;

(II) The employee's position;

(III) Whether the employee continues to be employed by the local education provider;

(IV) The length of employment with the local education provider;

(V) The alleged offense as set forth in the charging document, including the violation of statute or code; and

(VI) A statement that, under state and federal law, a person is presumed innocent until proven guilty.

(b) A local education provider may provide additional information to parents regarding the underlying facts or circumstances relating to the charge but shall not disclose the identity of the alleged victim.

(6) Each local education provider shall incorporate the notification requirements set forth in this section as part of a safe school plan required pursuant to section 22-32-109.1, as applicable.
C.R.S. § 22-33-103.5 — CO Code / Title 22 / Article 33 / Part 1 / Section 22-33-103.5
22-33-103.5. Attendance of homeless children and youth - definitions
Status: in_force

22-33-103.5. Attendance of homeless children and youth - definitions. (1) Equal access to school. Nothing in this article 33 shall be construed to prohibit a child or youth from attending a public school without the payment of tuition solely because the child or youth is a homeless child as defined in section 22-1-102.5.

(2) Place of residence of a homeless child or youth. A child or youth found to be homeless pursuant to the provisions of section 22-1-102.5 may be deemed by the school districts described in this subsection (2), taking into consideration the best interests of the child or youth, to reside in:

(a) The school district where the child or youth presently seeks shelter or is located; or

(b) For so long as the child or youth remains homeless, the school district in which the child's or youth's school of origin is located; except that a child or youth who, subsequent to becoming homeless, becomes permanently housed in the same school year may be deemed to reside in the school district of the school of origin, but only for the remainder of the school year.

(3) School stability. In determining the best interests of a homeless child for purposes of subsection (2) of this section, the school districts described in subsection (2) of this section shall:

(a) To the extent feasible and except when it is against the wishes of the homeless child's parent or legal guardian or against the wishes of an unaccompanied homeless child, keep the homeless child in the homeless child's school of origin;

(b) Provide a written explanation in a manner and form understandable to the parent, legal guardian, or unaccompanied homeless child, including a statement regarding the right to appeal pursuant to subsection (4) of this section, to the parent or legal guardian of the homeless child, if the school districts send the homeless child to a school other than the child's or youth's school of origin or to a school other than the school requested by the parent or legal guardian;

(c) In the case of an unaccompanied homeless child, assure that the homeless education liaison designated by one of the school districts pursuant to subsection (7) of this section assists in the placement or enrollment decisions, considers the school preference of the unaccompanied homeless child, and provides notice of the right to appeal pursuant to subsection (4) of this section to the unaccompanied homeless child.

(4) Disputes. (a) If a homeless child's parent or legal guardian or an unaccompanied homeless child disagrees with the decision of the school districts pursuant to subsection (2) of this section, the homeless child shall be immediately enrolled in the school selected by the homeless child's parent or legal guardian or, in the case of an unaccompanied homeless child, by the child or youth, pending resolution of the dispute through the appeal process created by the department of education pursuant to subsection (4)(b) of this section.

(b) Consistent with federal requirements, the department of education shall create an appeal process for a parent or legal guardian of a homeless child or an unaccompanied homeless child to pursue if the parent or legal guardian or the unaccompanied homeless child disagrees with the decision of the school districts pursuant to subsection (2) of this section.

(5) Enrollment and full participation. (a) The school selected for a homeless child pursuant to this section shall immediately enroll the homeless child, even if the child or youth has missed application or enrollment deadlines during any period of homelessness or the child or youth lacks records normally required prior to enrollment. Once enrolled, the child or youth must have a full and equal opportunity to succeed at the school.

(b) The enrolling school shall immediately contact the school last attended by the homeless child to obtain any records necessary for enrollment.

(c) If the homeless child's immunizations are incomplete or if the homeless child's immunization records are unavailable, the enrolling school shall arrange for such immunizations as may be necessary.

(6) Transportation. (a) If it is determined pursuant to subsection (2) of this section that the best interest of a homeless child is to continue his or her education at the school of origin, including preschool, and the homeless child presently seeks shelter or is located in another school district, and the homeless child's parent or legal guardian or the homeless education liaison, on behalf of an unaccompanied homeless child, requests transportation to and from school, the school district where the homeless child presently seeks shelter or is located and the school district in which the school of origin is located shall agree upon a method to apportion cost and responsibility for the transportation of the homeless child to the school district where the homeless child is attending, or, in the alternative, each school district shall share equally in the cost and responsibility for transportation.

(b) If a homeless child continues to reside in the school district in which the school of origin is located, such school district, upon request of the homeless child's parent or legal guardian or upon request of the homeless education liaison, on behalf of an unaccompanied homeless child, shall arrange or provide for transportation of the homeless child to and from school.

(7) Liaison. The board of education of each school district in the state shall designate one or more of the employees of the school district to act as a homeless education liaison. The homeless education liaison shall facilitate a homeless child's access to and success in school. The homeless education liaison shall also assist in the mediation of any disputes concerning school enrollment, assist in making arrangements for transportation of the homeless child to and from school, assist in requesting school and immunization records, and assist any unaccompanied homeless child in making enrollment decisions. On or before the pupil enrollment count day, the homeless education liaison in each school district shall report to the department of education the number of homeless children enrolled in the school district.

(8) Credit accrual and college readiness. (a) The homeless education liaison must ensure that a homeless child or youth and an unaccompanied homeless child or youth have the opportunity to meet the same state academic achievement standards as other children and youth by removing barriers that prevent a homeless child or youth and an unaccompanied homeless child or youth from receiving credit for full or partial coursework.

(b) Counseling must be provided to a homeless child or youth and to an unaccompanied homeless child or youth to assist the homeless child or youth and unaccompanied homeless child or youth by advising, preparing, and improving access to postsecondary options. Counseling must include providing prospective qualifying students with information about the financial assistance program for students experiencing homelessness created in section 23-3.3-1502.

(c) Pursuant to section 23-3.3-1503 (3), the department of education shall provide school district data identifying prospective qualifying students based on student level status pursuant to the federal "McKinney-Vento Homeless Assistance Act", 42 U.S.C. sec. 11301, as amended, and other data already collected by the department of education, to the department of higher education for academic year 2023-24 by July 1, 2024, and for future academic years, on each January 20 thereafter.

(9) Definitions. As used in this section, unless the context otherwise requires:

(a) "School of origin" means the school a child or youth attended at the time the child or youth became homeless, or, if the child or youth became homeless during a period that he or she was not attending school, the last school the child or youth attended prior to becoming homeless.

(b) "Unaccompanied homeless child" means a child or youth who meets the requirements of section 22-1-102.5 who is not in the physical custody of a parent or legal guardian.
C.R.S. § 22-30.5-105 — CO Code / Title 22 / Article 30.5 / Part 1 / Section 22-30.5-105
22-30.5-105. Charter schools - contract contents - regulations
Status: repealed

22-30.5-105. Charter schools - contract contents - regulations. (1) (a) An approved charter application shall serve as the basis for a contract between a charter school and the chartering local board of education.

(b) A local board of education may approve a charter school application submitted by a nonprofit entity and enter into a charter contract directly with the nonprofit entity to operate a charter school. A local board of education shall not approve a charter school application that is submitted by a for-profit entity or that identifies a for-profit entity as one of the charter applicants, and the local board of education shall not enter into a charter contract directly with a for-profit entity to operate a charter school.

(2) (a) The contract between a charter school and the chartering local board of education shall reflect all agreements regarding the release of the charter school from school district policies. Each charter school's contract shall include a statement specifying the manner in which the charter school shall comply with the intent of the state statutes, state board rules, and district rules that are waived for the charter school by application.

(b) Repealed.

(c) A contract between a charter school and the chartering local board of education approved on or after July 1, 2002, shall specify:

(I) If the contract is not a renewal of an expiring contract, the manner in which the school district governed by the local board of education will support any start-up facility needs of the charter school;

(II) The manner in which the school district governed by the local board of education will support any long-term facility needs of the charter school;

(III) The actions that the charter school must take in order to:

(A) Have its capital construction needs included as part of the next ballot question for approval of bonded indebtedness to be submitted by the local board of education of its chartering school district to the voters of the district; or

(B) Have the local board of education submit a ballot question for approval of a special mill levy to finance the capital construction needs of the charter school to the voters of the district pursuant to section 22-30.5-405;

(IV) The financial information, including but not limited to an annual governmental audit, the charter school must report to the chartering school district, the deadline for reporting such information to the chartering school district in order to enable the chartering school district to comply with the requirements specified in this title and in rules promulgated by the state board pertaining to reporting financial information to the department of education, and the circumstances under which the chartering school district may withhold a portion of the charter school's monthly payment as provided in section 22-30.5-112 (8) for failure to comply with financial reporting requirements specified in the contract; and

(V) Whether, and the circumstances under which, the local board of education delegates to the charter school the authority to impose a transportation fee on students who are enrolled in the charter school and, if so, the procedures for imposition of the fee.

(3) A contract between a charter school and the chartering local board of education shall reflect all requests for release of the charter school from state statutes and state board rules that are not automatic waivers and a list of the automatic waivers that the charter school is invoking. Within ten days after the contract is approved by the chartering local board of education, the chartering local board of education shall deliver to the state board any request for waiver of state statutes and state board rules that are not automatic waivers. The chartering local board of education shall request the release by submitting a complete copy of the signed charter contract. Within forty-five days after a request for release is received by the state board, the state board shall either grant or deny the request. If the state board grants the request, it may orally notify the chartering local board of education and the charter school of its decision. If the state board denies the request, it shall notify the chartering local board of education and the charter school in writing that the request is denied and specify the reasons for denial. If the chartering local board of education and the charter school do not receive notice of the state board's decision within forty-five days after submittal of the request for release, the request shall be deemed granted. If the state board denies a request for release that includes multiple state statutes or state board rules, the denial shall specify the state statutes and state board rules for which the release is denied, and the denial shall apply only to those state statutes and state board rules so specified.

(4) A material revision of the terms of a charter contract may be made only with the approval of the chartering local board of education and the governing body of the charter school.

(5) A term included in a charter contract that would require a charter school to waive or otherwise forgo receipt of any amount of additional mill levy revenue due to the charter school as provided in section 22-32-108.5 or any amount of operational or capital construction money provided to the charter school pursuant to the provisions of this article 30.5 or pursuant to any other provision of law is hereby declared null and void as against public policy and is unenforceable. In no event shall this subsection (5) be construed to prohibit a charter school from contracting with its chartering local board of education for the purchase of services, including but not limited to the purchase of educational services.

(6) A charter school that provides a half-day kindergarten educational program before the 2019-20 school year and chooses to expand the kindergarten educational program to a full day shall notify the chartering local board of education of the expansion of the kindergarten educational program and of the school year in which the anticipated program expansion takes effect. The charter school and the authorizing local board of education shall amend the charter contract as necessary to allow for the program expansion. If the local board objects to the program expansion, the local board shall provide to the charter school a written explanation of the grounds for its objection. If the charter school and the authorizing local board of education cannot agree on an amendment to the charter contract for the program expansion, the charter school may file a notice with the state board as provided in section 22-30.5-108 to appeal the decision of the local board concerning a unilateral imposition of conditions on the charter school. The state board shall decide the appeal in accordance with the provisions of section 22-30.5-108. Negotiations to amend the charter contract to allow the expansion of the kindergarten educational program shall not include negotiations regarding terms of the charter contract that are not directly impacted by the program expansion and shall not include reauthorization of the charter school.
C.R.S. § 22-9-101 — CO Code / Title 22 / Article 9 / Section 22-9-101
22-9-101. Short title
Status: in_force

22-9-101. Short title. This article shall be known and may be cited as the "Licensed Personnel Performance Evaluation Act".
C.R.S. § 22-7-1007 — CO Code / Title 22 / Article 7 / Part 10 / Section 22-7-1007
22-7-1007. Postsecondary and workforce readiness assessments pilot program - rules
Status: repealed

22-7-1007. Postsecondary and workforce readiness assessments pilot program - rules. (Repealed)
C.R.S. § 22-55.5-104 — CO Code / Title 22 / Article 55.5 / Section 22-55.5-104
22-55.5-104. Educator pay raise fund task force - created - recommendations - report - repeal
Status: repealed

22-55.5-104. Educator pay raise fund task force - created - recommendations - report - repeal. (Repealed)
C.R.S. § 22-54-103 — CO Code / Title 22 / Article 54 / Section 22-54-103
22-54-103. Definitions
Status: repealed

22-54-103. Definitions. As used in this article 54, unless the context otherwise requires:

(1) (Deleted by amendment, L. 2003, p. 2117, § 1, effective May 22, 2003.)

(1.3) "Accounting district" means the district within whose geographic boundaries an institute charter school is physically located.

(1.4) "ASCENT program" means the accelerating students through concurrent enrollment program created in section 22-35-108.

(1.5) (a) "At-risk pupils" means:

(I) to (V) Repealed.

(VI) For the 2021-22 budget year and budget years thereafter, the greater of:

(A) The number of district pupils eligible for free or reduced-price lunch; or

(B) The number of pupils calculated in accordance with the following formula:

District percentage of pupils eligible for free or reduced-price lunch x District pupil enrollment.

(b) Repealed.

(c) For purposes of subsection (1.5)(a)(VI) of this section:

(I) "District percentage of pupils eligible for free or reduced-price lunch" means the district pupils eligible for free or reduced-price lunch in grades one through eight divided by the district pupil enrollment in grades one through eight.

(II) (A) Repealed.

(B) "District pupil enrollment" means, for the 2023-24 budget year and each budget year thereafter, the pupil enrollment of the district, as determined in accordance with subsection (10) of this section.

(III) "District pupils eligible for free or reduced-price lunch" means the number of pupils included in the district pupil enrollment who are eligible for free or reduced-price lunch pursuant to the provisions of the federal "Richard B. Russell National School Lunch Act", 42 U.S.C. sec. 1751 et seq.

(d) For purposes of this subsection (1.5), at-risk pupils are counted in the same manner as pupils are counted pursuant to subsection (10) of this section.

(2) "Board of education" means the board of education of a district.

(3) "Budget year" means the period beginning on July 1 of each year and ending on the following June 30 for which a budget for a district is adopted.

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

(5) "District" means any public school district organized under the laws of Colorado, except a local college district.

(5.2) "District extended high school pupil enrollment" means the number of pupils, on the pupil enrollment count day within the applicable budget year, who are concurrently enrolled in a postsecondary course, including an academic course or a career and technical education course, as a participant in the ASCENT program or the TREP program and the number of pupils, on the pupil enrollment count day within the applicable budget year, who are enrolled in grade thirteen or fourteen in a p-tech school. A pupil enrolled in a p-tech school pursuant to article 35.3 of this title 22 must be included in the district extended high school pupil enrollment as a full-time student. An ASCENT program participant or a TREP program participant who is enrolled in at least twelve credit hours of postsecondary courses, including academic courses and career and technical education courses, as of the pupil enrollment count day of the applicable budget year must be included in the district extended high school pupil enrollment as a full-time pupil. An ASCENT program participant or a TREP program participant who is enrolled in less than twelve credit hours of postsecondary courses, including academic courses and career and technical education courses, as of the pupil enrollment count day of the applicable budget year must be included in the district extended high school pupil enrollment as a part-time pupil.

(5.5) (a) Repealed.

(b) "District percentage of at-risk pupils" means, for the 2023-24 budget year and each budget year thereafter, the number of at-risk pupils in the district, as determined in accordance with subsection (1.5) of this section, divided by the pupil enrollment of the district, as determined in accordance with subsection (10) of this section.

(5.7) "District rural funding" means a small rural district or large rural district that receives funding pursuant to section 22-54-104 (4.9).

(6) "District total program" or "district's total program" means a district's funding, as determined pursuant to this article 54, which is the financial base of support for public education in that district.

(6.5) "English language learner pupils" means the number of district pupils who are English language learners, as defined in section 22-24-103 (4), and for whom the district receives funding for the applicable budget year pursuant to section 22-24-104 (3)(b)(I).

(7) Repealed.

(7.5) "Institute charter school" means a charter school that enters into a charter contract with the state charter school institute pursuant to the provisions of part 5 of article 30.5 of this title.

(8) "Joint district" means a district which is located in more than one county.

(8.3) "Large rural district" means a district that the department of education determines is a rural district, based on the geographic size of the district and the distance of the district from the nearest large, urbanized area, and that has a funded pupil count of at least one thousand but fewer than six thousand five hundred pupils in kindergarten through twelfth grade.

(8.5) (a) "Online pupil enrollment" means:

(I) (Deleted by amendment, L. 2009, (SB 09-292), ch. 369, p. 1964, § 64, effective August 5, 2009.)

(II) The number of pupils, on the pupil enrollment count day within the applicable budget year, enrolled in, attending, and actively participating in a multi-district online school, as defined in section 22-30.7-102 (6), created pursuant to article 30.7 of this title 22.

(b) A district's online pupil enrollment includes the certified online pupil enrollment of each operating institute charter school for which the district is the accounting district. The department of education shall add the institute charter school's certified online pupil enrollment to the online pupil enrollment of the district prior to calculating the district's total program.

(9) (Deleted by amendment, L. 2010, (HB 10-1013), ch. 399, p. 1914, § 42, effective June 10, 2010.)

(9.3) "Per pupil revenues" means the district's total program for any budget year divided by the district's funded pupil count for said budget year.

(9.5) Repealed.

(9.7) "P-tech school" means a pathways in technology early college high school that is approved pursuant to article 35.3 of this title.

(10) (a) (I) "Pupil enrollment" means the number of pupils enrolled on the pupil enrollment count day within the applicable budget year, as evidenced by the actual attendance of such pupils prior to said date, except as otherwise provided in subsections (10)(a)(II) and (10)(h) of this section, plus the number of pupils expelled prior to the pupil enrollment count day within the applicable budget year who are receiving educational services pursuant to section 22-33-203 as of the pupil enrollment count day of the applicable budget year.

(II) "Pupil enrollment" includes:

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

(B) A pupil who is enrolled in, attending, and actively participating in a single-district online program or online school operated pursuant to article 30.7 of this title 22.

(III) Repealed.

(III.5) "Pupil enrollment" includes any juvenile to whom the school district is providing educational services pursuant to section 22-32-141 as of the pupil enrollment count day of the applicable budget year.

(IV) Repealed.

(V) "Pupil enrollment" does not include a pupil who is placed in a facility, as defined in section 22-2-402 (3), and is receiving services through an approved facility school, as defined in section 22-2-402 (1).

(a.5) Repealed.

(b) (I) A pupil who is enrolled in a kindergarten educational program pursuant to section 22-32-119 is counted as a full-time pupil, except as otherwise provided in subsection (10)(e.5)(I) of this section. A district shall count and receive funding only for pupils enrolled in a kindergarten educational program who are:

(A) Five years old as of October 1 of the applicable budget year; or

(B) Four years old as of October 1 of the applicable budget year and who have been identified by an administrative unit to be highly advanced gifted children for whom early access to kindergarten is appropriate, as provided in section 22-20-204.5.

(I.5) Repealed.

(II) A pupil with a disability receiving an educational program under the "Exceptional Children's Educational Act", article 20 of this title, who would be in kindergarten but for such disability, shall be counted as a half-day pupil. A pupil with a disability receiving a full-day educational program under said act, who would be in a grade beyond kindergarten but for such disability, shall be counted as a full-day pupil.

(c) (Deleted by amendment, L. 2003, p. 2119, § 4, effective May 22, 2003.)

(d) A district shall not include a three- or four-year-old pupil with a disability who is receiving an educational program under the "Exceptional Children's Educational Act", article 20 of this title 22, but is not enrolled in kindergarten, in the district's pupil enrollment, but shall certify to the department the number of three- and four-year-old pupils with disabilities who are receiving an educational program from the district for purposes of receiving funding pursuant to part 1 of article 20 of this title 22.

(e) A pupil determined to have a disability in accordance with section 22-20-108 and receiving an educational program outside of the district of residence shall be considered enrolled in the district of residence for purposes of this subsection (10).

(e.5) (I) A pupil who is enrolled as less than a full-time student, other than a student described in subsection (10)(b)(II) or (10)(d) of this section or a student enrolled in a p-tech school pursuant to article 35.3 of this title 22, is counted in accordance with rules promulgated by the state board for students who are enrolled as less than full-time students.

(II) Notwithstanding any provision of subsection (10)(e.5)(I) of this section to the contrary, a pupil who completes one school year of enrollment in a half-day kindergarten educational program and does not advance to first grade, pursuant to section 22-7-1207, is counted as a full-day pupil for the second year in which the pupil is enrolled in the half-day kindergarten educational program.

(e.7) (Deleted by amendment, L. 2009, (HB 09-1319), ch. 286, p. 1317, § 6, effective May 21, 2009.)

(f) In certifying the district's pupil enrollment to the state board pursuant to the provisions of section 22-54-112, the district shall specify the number of pupils enrolled in kindergarten through twelfth grade, specifying those who are enrolled as full-time pupils and those who are enrolled as less than full-time pupils; the number of expelled pupils receiving educational services pursuant to section 22-33-203; the number of at-risk pupils; the number of English language learner pupils; and the number of pupils receiving educational programs under the "Exceptional Children's Educational Act", article 20 of this title 22, who are enrolled in kindergarten through twelfth grade.

(g) Repealed.

(h) (I) With regard to a pupil who is simultaneously enrolled in a district or institute charter school and in one or more postsecondary courses, a district or institute charter school must submit evidence of:

(A) Enrollment in the district or institute charter school and evidence, as provided in state board rule, of attendance for any secondary courses the pupil is enrolled in; and

(B) Enrollment in one or more postsecondary courses, by submitting evidence, as described in state board rule, only of the district's or institute charter school's nonrefundable obligation to pay the student share of tuition for the postsecondary course on behalf of the pupil.

(II) The state board by rule shall specify the number of secondary and postsecondary course credit hours that constitute full-time and part-time membership.

(i) (I) For the 2024-25 budget year and each budget year thereafter, a district may include in its pupil enrollment pupils who were enrolled in the district prior to the pupil enrollment count day and then transferred out of the district prior to the pupil enrollment count day for the purpose of attending a recovery high school.

(II) Notwithstanding section 22-2-306, the department of education is not required to provide advance notice requirements to a school district or an institute charter school in implementing this subsection (10)(i).

(III) As used in this subsection (10)(i), "recovery high school" means a school that:

(A) Educates and supports students in recovery from substance use or co-occurring disorders, including self-harm and disordered eating;

(B) Intends that all students enrolled are working in an active and abstinence-focused program of recovery as determined by the student and the school;

(C) Provides support for families learning how to live with, and provide support for, their teens who are entering into the recovery lifestyle; and

(D) Meets state requirements for awarding a high school diploma.

(10.5) (a) "Pupil enrollment count day" means October 1 of each year; except that:

(I) In any year in which October 1 is a Saturday, a Sunday, or any other day on which school is not in session, except as described in subparagraphs (II) and (III) of this paragraph (a), the pupil enrollment count day is the Monday following that Saturday, Sunday, or other day;

(II) In any year in which a day of a major religious holiday occurs upon October 1, or, in years in which October 1 falls on a Saturday, Sunday, or other day on which school is not in session as described in subparagraph (I) of this paragraph (a), or upon the Monday directly following October 1, the pupil enrollment count day is the first school day immediately following the conclusion of the holiday; and

(III) The department of education is authorized to establish alternative dates for determining pupil enrollment in appropriate circumstances, including, but not limited to, when schools are on a year-round schedule pursuant to section 22-32-109 (1)(n) and pupils will be on authorized breaks on October 1 within the applicable budget year; except that such alternative dates shall be set not more than forty-five school days after the first school day of the applicable school year.

(b) The state board shall promulgate rules establishing the meaning of "major religious holiday" for the purposes of this subsection (10.5).

(10.7) "Small rural district" means a district that the department of education determines is a rural district, based on the geographic size of the district and the distance of the district from the nearest large, urbanized area, and that has a funded pupil count of fewer than one thousand pupils in kindergarten through twelfth grade.

(10.8) "Special education pupils" means the number of district pupils who are children with disabilities, as defined in section 22-20-103 (5).

(11) "Specific ownership tax revenue paid to the district" means the amount of specific ownership tax revenue received by the district pursuant to section 42-3-107 (24), C.R.S., for the prior budget year that is attributable to all property tax levies made by the district except those property tax levies made for the purpose of satisfying bonded indebtedness obligations, both principal and interest, and those property tax levies authorized at elections held under the provisions of former section 22-53-117 or section 22-54-108 or 22-54-108.5.

(12) "State average per pupil revenues" means the total program of all districts for any budget year divided by the total funded pupil count of all districts for said budget year.

(13) "State board" means the state board of education.

(14) "Statewide average percentage of at-risk pupils" means the total number of at-risk pupils in all districts, as determined in accordance with subsection (1.5) of this section, divided by the pupil enrollment of all districts, as determined in accordance with subsection (10) of this section.

(15) "Supplemental kindergarten enrollment" means the number calculated by subtracting five-tenths from the full-day kindergarten factor for the applicable budget year and then multiplying that number by the number of pupils in the district who are enrolled part-time in a kindergarten educational program for the applicable budget year. For the purposes of this subsection (15), the full-day kindergarten factor is fifty-eight hundredths of a full-day pupil.

(16) "TREP program" means the teacher recruitment education and preparation program created in section 22-35-108.5.
C.R.S. § 22-60.5-105 — CO Code / Title 22 / Article 60.5 / Part 1 / Section 22-60.5-105
22-60.5-105. Applicants for licensure or authorization - moral qualifications
Status: in_force

22-60.5-105. Applicants for licensure or authorization - moral qualifications. In determining the moral qualifications of applicants for licensure or authorization, the department of education shall be governed by the provisions of section 24-5-101, C.R.S.
C.R.S. § 22-60.5-109 — CO Code / Title 22 / Article 60.5 / Part 1 / Section 22-60.5-109
22-60.5-109. Hearing commissioner - duties
Status: in_force

22-60.5-109. Hearing commissioner - duties. The state board of education is authorized to appoint a hearing commissioner, who may preside at hearings on the denial, annulment, suspension, or revocation of any license, certificate, endorsement, or authorization. When so appointed, he shall reduce his findings to written form and submit them to the state board of education, and he shall not participate in the deliberations of said board.
C.R.S. § 22-33-105 — CO Code / Title 22 / Article 33 / Part 1 / Section 22-33-105
22-33-105. Suspension, expulsion, and denial of admission
Status: in_force

22-33-105. Suspension, expulsion, and denial of admission. (1) No child who has attained the age of six years and is under the age of twenty-one shall be suspended or expelled from or be denied admission to the public schools, except as provided by this article.

(2) In addition to the powers provided in section 22-32-110, the board of education of each district may:

(a) Delegate to any school principal within the school district or to a person designated in writing by the principal the power to suspend a pupil in his school for not more than five school days on the grounds stated in section 22-33-106 (1)(a), (1)(b), (1)(c), or (1)(e) or not more than ten school days on the grounds stated in section 22-33-106 (1)(d);

(b) Suspend, on the grounds stated in section 22-33-106, a pupil from school for not more than another ten school days, or may delegate such power to its executive officer; except that the latter may extend a suspension to an additional ten school days if necessary in order to present the matter to the next meeting of the board of education, but the total period of suspension pursuant to this paragraph (b) and paragraph (a) of this subsection (2) shall not exceed twenty-five school days; and

(c) Deny admission to, or expel for any period not extending beyond one year, any student whom the board of education, in accordance with the limitations imposed by this article 33, determines does not qualify for admission to, or continued attendance at, the public schools of the district. A board of education may delegate such powers to its executive officer or to a designee who serves as a hearing officer.

(2.3) (a) If an expulsion hearing is requested by a school district, a student, or the student's parent, guardian, or legal custodian, the school district has the burden of proving by a preponderance of the evidence that the student violated section 22-33-106 and the school district's policy.

(b) If an expulsion hearing is requested pursuant to subsection (2.3)(a) of this section by a school district, a student, or the student's parent, guardian, or legal custodian, the school district seeking to expel or deny admission to the student shall provide all records that the school district intends to use as supporting evidence for expulsion or denial of admission to the student or the student's parent, guardian, or legal custodian at least two business days in which school is in session prior to the expulsion hearing. Upon discovery of a record not previously provided, the school district shall immediately provide the record to the student or the student's parent, guardian, or legal custodian.

(c) If an executive officer acting as a hearing officer conducts an expulsion hearing pursuant to subsection (2.3)(a) of this section, the executive officer shall create a report with findings of fact and recommendations, including specific findings regarding the factors set forth in section 22-33-106 (1.2). If a designee acting as a hearing officer conducts a hearing, the designee shall forward findings of fact and recommendations to the executive officer at the conclusion of the expulsion hearing, including specific findings regarding the factors set forth in section 22-33-106 (1.2). An executive officer shall render a written opinion that imposes or refrains from imposing disciplinary action within five business days after an expulsion hearing is conducted by the executive officer or by a designee acting as a hearing officer. The executive officer shall provide the written opinion to the student or the student's parent, guardian, or legal custodian. The executive officer shall report on each case acted upon at the next meeting of the board of education, briefly describing the circumstances and the reasons for the executive officer's opinion.

(d) A student who is denied admission or expelled as a result of the hearing described in subsection (2.3)(a) of this section has ten business days after the decision of the executive officer is rendered to appeal the decision to the board of education, after which time the decision to grant or deny the appeal is at the discretion of the board of education. The appeal must consist of a review of the facts presented and determined at the hearing conducted by the executive officer or by a designee acting as a hearing officer, arguments relating to the decision, and questions of clarification from the board of education. If the board of education upholds the determination of the executive officer to expel or deny admission to a student, the student is entitled to a review of the decision of the board of education in accordance with section 22-33-108.

(2.4) (a) A hearing officer must not have a conflict of interest with regard to a student under consideration for expulsion or denial of admission, or toward any alleged victim. A school district must ensure that any person acting as a hearing officer receives training on how to serve impartially, including avoiding prejudgment of the facts at issue and conflicts of interest. The training must be included as part of the training program offered by the department of education pursuant to subsection (2.4)(c) of this section.

(b) An executive officer involved in investigating or reporting an incident that leads to a hearing that could result in suspension, expulsion, or denial of admission of a student shall not act as a hearing officer. Instead, the executive officer shall delegate such powers to a designee who is not involved in investigating or reporting the incident.

(c) (I) On or before June 30, 2024, the department of education shall create and maintain the online training program for hearing officers who conduct expulsion hearings. The department of education shall collaborate with stakeholders on the creation of the online training program, which may occur virtually by video or audio.

(II) (A) Beginning January 1, 2025, school districts and the state charter school institute shall require hearing officers to complete an initial five-hour training program within thirty days after the date the hearing officer starts work as a hearing officer.

(B) In addition to the initial five-hour training completed pursuant to subsection (2.4)(c)(II)(A) of this section, hearing officers shall complete an annual training program to stay informed on school discipline updates.

(III) Training must include information on the following:

(A) Child and adolescent brain development;

(B) Restorative justice;

(C) Alternatives to expulsion;

(D) Trauma-informed practices;

(E) Conflict and bias in discipline, suspension, and expulsion; and

(F) Requirements and implementation of the applicable portions of the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended; section 504 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 794, as amended; the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g, as amended; the "Exceptional Children's Educational Act", article 20 of this title 22; and the "School Attendance Law of 1963", established pursuant to this article 33.

(IV) Beginning January 1, 2025, it is an abuse of discretion if a hearing officer presides over an expulsion hearing and has not completed the required training pursuant to this subsection (2.4).

(V) A school district, a district charter school authorized to suspend or expel students, or the state charter school institute may develop and provide a training program to hearing officers and school administrators. The training program must meet or exceed the requirements set forth in subsections (2.4)(c)(II) and (2.4)(c)(III) of this section.

(2.5) Each board of education shall annually report to the state board the number of students expelled from schools within the district pursuant to this section and pursuant to section 25-4-907, C.R.S. Any pupil who is expelled pursuant to this section shall not be included in calculating the dropout rate for the school from which such student is expelled or in calculating the dropout rate for the school district in which such pupil was enrolled prior to being expelled.

(3) (a) If a pupil is suspended pursuant to subsection (2) of this section, the suspending authority shall immediately notify the parent, guardian, or legal custodian of the pupil that the pupil has been suspended and of the grounds for the suspension, the period of the suspension, and the time and place for the parent, guardian, or legal custodian to meet with the suspending authority to review the suspension.

(b) Except as provided in paragraph (c) of this subsection (3), a suspended pupil shall:

(I) Be required to leave the school building and the school grounds immediately, following a determination by the parent, guardian, or legal custodian and the school of the best way to transfer custody of the pupil to the parent, guardian, or legal custodian; and

(II) Not be readmitted to a public school until a meeting between the parent, guardian, or legal custodian and the suspending authority has taken place or until, in the discretion of the suspending authority, the parent, guardian, or legal custodian of the suspended pupil has substantially agreed to review the suspension with such suspending authority; except that, if the suspending authority cannot contact the parent, guardian, or legal custodian of such pupil or if such parent, guardian, or legal custodian repeatedly fails to appear for scheduled meetings, the suspending authority may readmit the pupil. The meeting shall address whether there is a need to develop a remedial discipline plan for the pupil in an effort to prevent further disciplinary action.

(c) A pupil suspended for a period of ten days or less shall receive an informal hearing by the school principal or the principal's designee prior to the pupil's removal from school, unless an emergency requires immediate removal from school, in which case an informal hearing shall follow as soon after the pupil's removal as practicable. Any pupil suspended for more than ten days shall be given the opportunity to request a review of the suspension before an appropriate official of the school district.

(d) The suspending authority shall:

(I) Make every reasonable effort to meet with the parent, guardian, or legal custodian of the pupil during the period of suspension;

(II) Not extend a period of suspension because of the failure of the suspending authority to meet with the parent, guardian, or legal custodian during the period of suspension;

(III) Provide an opportunity for a pupil to make up school work during the period of suspension for full or partial academic credit to the extent possible. The intent of this provision is to provide an opportunity for the pupil to reintegrate into the educational program of the district and to help prevent the pupil from dropping out of school because of an inability to reintegrate into the educational program following the period of suspension. The school district should take this intent into consideration when determining the amount of credit a student will receive for this makeup work.

(4) The board of education of each district shall establish, as an alternative to suspension, a policy that allows the pupil to remain in school by encouraging the parent, guardian, or legal custodian, with the consent of the pupil's teacher or teachers, to attend class with the pupil for a period of time specified by the suspending authority. If the parent, guardian, or legal custodian does not agree to attend class with the pupil or fails to attend class with the pupil, the pupil shall be suspended in accordance with the conduct and discipline code of the district.

(4.5) The board of education of each district shall adopt a policy that states a student must not be expelled or denied admission unless the school district considers whether alternative remedies are appropriate and whether excluding the student from school is necessary to preserve the learning environment.

(5) (a) Whenever a petition filed in juvenile court alleges that a child at least twelve years of age but under eighteen years of age has committed an offense that would constitute unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S., or a crime of violence, as defined in section 18-1.3-406, C.R.S., if committed by an adult or whenever charges filed in district court allege that a child has committed such an offense, basic identification information concerning such child and the details of the alleged delinquent act or offense shall be provided immediately to the school district in which the child is enrolled in accordance with the provisions of section 19-1-304 (5), C.R.S. Upon receipt of such information, the board of education of the school district or its designee shall determine whether the student has exhibited behavior that is detrimental to the safety, welfare, and morals of the other students or of school personnel in the school and whether educating the student in the school may disrupt the learning environment in the school, provide a negative example for other students, or create a dangerous and unsafe environment for students, teachers, and other school personnel. The determination may be made in executive session to the extent allowed by section 24-6-402 (4)(h), C.R.S. If the board of education or its designee, in accordance with the provisions of this subsection (5), makes a determination that the student should not be educated in the school, it may proceed with suspension or expulsion in accordance with subsection (2) of this section and section 22-33-106. Alternatively, the board of education or its designee may determine that it will wait until the conclusion of the juvenile proceedings to consider the expulsion matter, in which case it shall be the responsibility of the district to provide the student with an appropriate alternate education program, including but not limited to an online program or online school authorized pursuant to article 30.7 of this title, or a home-based education program during the period pending the resolution of the juvenile proceedings. Information made available to the school district and not otherwise available to the public pursuant to the provisions of section 19-1-304, C.R.S., shall remain confidential.

(b) No student who is being educated in an alternate education program or a home-based education program pursuant to paragraph (a) of this subsection (5) shall be allowed to return to the education program in the public school until there has been a disposition of the charge. If the student pleads guilty, is found guilty, or is adjudicated a delinquent juvenile, the school district may proceed in accordance with section 22-33-106 to expel the student. The time that a student spends in an alternate education program pursuant to paragraph (a) of this subsection (5) shall not be considered a period of expulsion.

(c) No court which has jurisdiction over the charges against a student who is subject to the provisions of this subsection (5) shall issue an order requiring the student to be educated in the education program in the school in contradiction of the provisions of this subsection (5).

(6) When a pupil is expelled by a school district, the pupil's parent, guardian, or legal custodian is responsible for seeing that the pupil complies with the provisions of this article during the period of expulsion.

(7) (a) Notwithstanding any other provision of this part 1 to the contrary:

(I) An institute charter school authorized pursuant to part 5 of article 30.5 of this title 22 may carry out the functions of a suspending authority pursuant to this section; and

(II) The state charter school institute created in part 5 of article 30.5 of this title 22 may carry out the functions of a school district and its board of education with respect to the suspension, expulsion, or denial of admission of a student to an institute charter school.

(b) If a district charter school, authorized pursuant to part 1 of article 30.5 of this title 22, is authorized to suspend or expel students as stipulated in the charter school contract pursuant to section 22-30.5-106 (1)(p), the district charter school shall comply with this section.
C.R.S. § 22-7-1006.5 — CO Code / Title 22 / Article 7 / Part 10 / Section 22-7-1006.5
22-7-1006.5. Pilot program - alternative assessment
Status: in_force

22-7-1006.5. Pilot program - alternative assessment. (1) There is created a pilot program to allow local education providers to create or select assessments, which the local education provider may administer to prove the validity and reliability of the assessments and the comparability of the assessments with the state assessments. The goals of the pilot program are to provide more timely and relevant data to educators to inform instruction throughout the school year, while continuing to provide comparative data for state accountability purposes.

(2) (a) For a local education provider to participate in the pilot program as described in this section, the local school board or other governing body of the local education provider must first adopt a written resolution that authorizes the local education provider to participate in the pilot program.

(b) If authorized by its local school board or other governing body, a local education provider, individually or in combination with one or more other local education providers, may participate in the first phase of the pilot program by creating or selecting assessments that meet the requirements specified in subsection (3) of this section and administering those assessments for two school years to all or a portion of the students enrolled in at least one elementary grade, one middle school grade, and one high school grade. After administering the assessments for two school years, the local education provider must submit to the department of education the assessment results for each year in which they were administered and the local education provider's demonstration that the results are comparable to the results obtained on the state assessments administered in the same school years.

(c) A local education provider that is selected to participate in phase two of the pilot program pursuant to subsection (4) of this section shall administer its selected assessments for up to two years to students enrolled by the local education provider in grades three through eleven. The local education provider shall submit to the department the assessment results for each year in which they were administered and the local education provider's demonstration that the results are comparable to the results obtained on the state assessments administered in the same school years.

(d) A local education provider that participates in the pilot program must:

(I) Notify the department of education at the beginning of each school year in which it intends to administer assessments pursuant to this section and identify the assessments that the local education provider intends to administer;

(II) Notify the parents of the students enrolled by the local education provider at the beginning of each school year in which it intends to administer assessments pursuant to this section that the local education provider is choosing to administer assessments pursuant to this section; and

(III) If the local education provider is a school district, work with the school district's personnel performance evaluation council created pursuant to section 22-9-107 in selecting or creating and administering assessments pursuant to this section.

(3) The assessments that a local education provider chooses to administer pursuant to this section must:

(a) In phase one of the pilot program, assess students in each of the subject areas required in section 22-7-1006.3 in at least one elementary grade, one middle school grade, and one high school grade;

(b) In phase two of the pilot program, assess students in all of the subject areas and at all of the grade levels required in section 22-7-1006.3;

(c) Provide sufficient data each school year to disaggregate and report results for student groups as defined in section 22-11-103 (34); and

(d) Provide sufficient data each school year to measure, for each student enrolled in the grades that are assessed, the student's progress in meeting the state academic standards.

(4) (a) Each local education provider that participates in phase one of the pilot program shall submit the results of the local assessments to the department of education for analysis and evaluation. After the department receives the local assessment data from all participating local education providers, the department shall review the data to ensure that each assessment meets the requirements specified in subsection (3) of this section and that each assessment is valid and reliable. Based on the assessment data, the department shall recommend to the state board two of the local education providers to participate in phase two of the pilot program. The state board, taking into consideration the department's recommendations, shall select the two local education providers that may participate in phase two of the pilot program.

(b) Each local education provider that participates in phase two of the pilot program shall submit the results of the local assessments to the department of education for analysis and evaluation. After the department receives the local assessment data from all participating local education providers, the department shall review the data to ensure that each assessment meets the requirements specified in subsection (3) of this section and that each assessment is valid and reliable. Based on the assessment data, the department shall recommend to the state board one of the local assessments for approval as the new state assessment or recommend that the state continue administering the existing state assessments. The state board shall review the assessment data and, taking into account the department's recommendation, select the new state assessment or continue administering the existing state assessments. The department and the state board shall base the recommendation and selection on the validity, reliability, and comparability of the assessment and ensure that the selected assessment, if any, meets the goals of the pilot program stated in subsection (1) of this section.

(c) If the state board adopts a new state assessment, the state board shall notify the general assembly. Implementation of a new state assessment is conditional on the enactment of legislation that approves the use of the new assessment.

(d) As soon as possible after May 20, 2015, the department of education shall apply to the federal department of education for a waiver of federal statutory and regulatory requirements to the extent necessary to implement phase one of the pilot program, including a waiver of the requirement to administer a single statewide assessment as applied to the local education providers that participate in phase one and phase two of the pilot program. Before the beginning of phase two of the pilot program, the department shall apply to the federal department of education for a waiver of federal statutory and regulatory requirements to the extent necessary to implement phase two of the pilot program. If the state board adopts a new state assessment, the department shall apply to the federal department of education for a waiver of federal statutory and regulatory requirements as necessary to implement the new state assessment if adopted as provided in paragraph (b) of this subsection (4).

(e) Upon the request of a local education provider that participates in the pilot program, the department shall provide technical assistance to the local education provider in selecting local assessments and evaluating the assessment results.

(f) If the federal department of education requires a local education provider to administer the state assessments required in section 22-7-1006.3 while the local education provider is participating in the pilot program, the local education provider shall:

(I) Administer the state assessments as required in section 22-7-1006.3 in addition to the local assessments while participating in the pilot program; and

(II) Specify in the notice required in paragraph (d) of subsection (2) of this section that the local education provider is choosing to administer assessments through the pilot program in addition to the state assessments required in section 22-7-1006.3.
C.R.S. § 22-1-123 — CO Code / Title 22 / Article 1 / Section 22-1-123
22-1-123. Protection of student data - parental or legal guardian consent for surveys
Status: in_force

22-1-123. Protection of student data - parental or legal guardian consent for surveys. (1) As used in this section, "education records" and "directory information" shall have the same meanings as those terms are defined in the federal "Family Educational Rights and Privacy Act of 1974", as amended, 20 U.S.C. sec. 1232g and "education records" shall include an individualized education program.

(2) A school district shall comply with the provisions of 20 U.S.C. sec. 1232g (a) and 34 CFR 99 if a parent or legal guardian of a student either requests the education records of the student or requests an amendment or other change to the education records after reviewing them.

(3) A school district shall not release the education records of a student to any person, agency, or organization without the prior written consent of the parent or legal guardian of the student except as otherwise permitted in 20 U.S.C. sec. 1232g (b).

(4) A school district shall not release directory information to any person, agency, or organization without first complying with the provisions of 20 U.S.C. sec. 1232g (a)(5)(B) related to allowing a parent or legal guardian to prohibit such release without prior consent.

(5) (a) A school district shall comply with 20 U.S.C. sec. 1232h. A school or school district employee who requires participation in a survey, assessment, analysis, or evaluation in a public school's curriculum or other official school activity shall obtain the written consent of a student's parent or legal guardian before giving the student any survey, assessment, analysis, or evaluation intended to reveal information, whether the information is personally identifiable or not, concerning the student or the student's parent's or legal guardian's:

(I) Political affiliations;

(II) Mental and psychological conditions potentially embarrassing to the student or the student's family;

(III) Sexual behavior and attitudes;

(IV) Illegal, anti-social, self-incriminating, or demeaning behavior;

(V) Critical appraisals of individuals with whom a student has close family relationships;

(VI) Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and members of the clergy;

(VII) Income, except as required by law;

(VIII) Social security number; or

(IX) Religious practices, affiliations, or beliefs.

(b) The requirement of written consent pursuant to this subsection (5) applies throughout a public school's curriculum and other school activities; except that the requirement of written consent does not apply to a student's participation in an assessment administered pursuant to part 10 of article 7 of this title. In implementing this subsection (5), the school or school district and employees shall ensure that their first responsibility is to students and their parents and shall allow only minimal use of students' academic time by institutions, agencies, or organizations outside the school or school district to gather information from students.

(c) Written consent pursuant to this subsection (5) is valid only if the school district has given a parent or legal guardian written notice of the survey, assessment, analysis, or evaluation, has made a copy of the document available for viewing at convenient locations and times, and has given the parent or legal guardian at least two weeks, after receipt of the written notice, to obtain written information concerning:

(I) Records or information that may be examined and requested in the survey, analysis, or evaluation;

(II) The means by which the records or information shall be examined reviewed, or disseminated;

(III) The means by which the information is to be obtained;

(IV) The purposes for which the records or information is needed;

(V) The entities or persons, regardless of affiliation, who will have access to the information; and

(VI) A method by which a parent or legal guardian of a student can grant or deny permission to access or examine the records or information.

(d) Nothing in this subsection (5) shall be construed to prevent a public school employee from reporting known or suspected child abuse or neglect pursuant to section 19-3-304, C.R.S.

(e) Nothing in this subsection (5) shall be construed to prevent a student who is working under the supervision of a journalism teacher or sponsor from preparing or participating in a survey, analysis, or evaluation without obtaining the written consent of such student's parent or legal guardian as long as such participation without parental consent is not otherwise prohibited by federal law.

(f) Nothing in this subsection (5) shall be construed to limit the ability of a health professional who is acting as an agent of the school district from evaluating an individual child.

(g) Nothing in this subsection (5) limits the ability of a school district to administer a suicide assessment or threat assessment.

(6) If a school district sends a form to a parent or legal guardian requesting written consent for the school district to release personally identifiable information concerning that parent's or legal guardian's child in education records other than directory information, such consent shall be valid under this section only if the form contains notice to the parent or legal guardian regarding:

(a) The specific records to be released;

(b) The specific reasons for such release;

(c) The specific identity of any person, agency, or organization requesting such information and the intended uses of the information;

(d) The method or manner by which the records will be released; and

(e) The right to review or to receive a copy of the relevant records to be released.

(7) (a) Consent for release of information pursuant to this section shall be valid only for the specific instance for which it was given.

(b) A general consent for a student to participate in any course or part of a course, in a school activity, in any special education program, or in any other school program does not constitute written consent pursuant to this section.

(c) Consent forms obtained pursuant to this section shall be retained by the school district.

(8) Any right accorded to a parent or legal guardian pursuant to this section shall transfer to the relevant student when that student attains the age of eighteen years.

(9) A school district shall, at the beginning of each academic year, provide to a parent or legal guardian of each student in the school district written notice of the rights contained in this section.

(10) The provisions of this section shall apply to any public school in the state, regardless of whether the public school receives any federal funds.

(11) The state board of education shall adopt such rules as may be necessary to implement this section.

(12) If an individual licensed, certified, endorsed, or authorized by the state board is found by the state board to have knowingly and intentionally violated the provisions of this section, the department of education may suspend or revoke such individual's license, master certificate, endorsement, or authorization for a period not less than ninety days.

(13) Nothing in this section shall be construed to prevent a school or a school district from releasing education records to the extent authorized by 20 U.S.C. sec. 1232g (b) and any other applicable federal law.
C.R.S. § 22-30.5-509 — CO Code / Title 22 / Article 30.5 / Part 5 / Section 22-30.5-509
22-30.5-509. Institute charter school application - contents
Status: in_force

22-30.5-509. Institute charter school application - contents. (1) The institute charter school application is a proposed agreement upon which the institute charter applicant and the institute negotiate a charter contract. At a minimum, each institute charter school application includes:

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

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

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

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

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

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

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

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

(i) An explanation of the relationship that will exist between the proposed institute charter school and its employees and the proposed institute charter school's employment policies;

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

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

(l) A description of the proposed institute charter school's enrollment policy, consistent with the requirements of section 22-30.5-507 (3) and rules adopted by the state board pursuant to section 22-2-106 (1)(h), and the criteria for enrollment decisions;

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

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

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

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

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

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

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

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

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

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

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

(A) Performance evaluation measures;

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

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

(D) The conditions for contract renewal and termination.
C.R.S. § 22-82.9-211 — CO Code / Title 22 / Article 82.9 / Part 2 / Section 22-82.9-211
22-82.9-211. Healthy school meals for all program cash fund - creation - uses - reporting req
Status: in_force

22-82.9-211. Healthy school meals for all program cash fund - creation - uses - reporting requirements - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Cash fund" means the healthy school meals for all program cash fund created in this section.

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

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

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

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

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

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

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

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

(b) Money in the cash fund shall not be used for the purposes described in subsections (3)(a)(II), (3)(a)(III), and (3)(a)(IV) of this section if the sum of the annual tax year revenue recorded in the cash fund and the balance in the cash fund, as calculated pursuant to subsection (4) of this section, is less than, or is anticipated to be less than, the annual expenditure anticipated to be required for the purposes described in subsections (3)(a)(I) and (3)(a)(V) of this section.

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

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

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

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

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

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

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

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

(7) On July 1, 2024, the state treasurer shall transfer the balance from the healthy school meals for all program general fund exempt account defined in section 22-82.9-210 to the cash fund pursuant to section 22-82.9-210 (8).
C.R.S. § 22-37-101 — CO Code / Title 22 / Article 37 / Section 22-37-101
22-37-101. Short title
Status: in_force

22-37-101. Short title. This article shall be known and may be cited as the "In-school Suspension Act".
C.R.S. § 22-2-127.8 — CO Code / Title 22 / Article 2 / Part 1 / Section 22-2-127.8
22-2-127.8. Social media impacts on mental health education literacy - resource bank - techn
Status: in_force

22-2-127.8. Social media impacts on mental health education literacy - resource bank - technical assistance - reporting - definition. (1) (a) The department shall create and maintain a resource bank of existing evidence-based, research-based scholarly articles and promising program materials and curricula pertaining to the mental and physical health impacts of social media use by youth, internet safety, and cybersecurity. The department shall convene a temporary stakeholder group to assist with the creation and development of a plan for ongoing maintenance of the resource bank by the department. The stakeholder group shall also identify avenues for informing local education providers, parents, youth, and the public about the resource bank. The materials and curricula may be used in elementary and secondary schools in the state. To the extent possible, the resource bank materials, scholarly articles, and curricula must be youth-friendly, culturally sensitive, and available in both English and Spanish, and may include internet links to scholarly articles, resources, and materials about the mental and physical health impacts of social media use, internet safety, and cybersecurity from entities that the department finds reliable.

(b) To create the resource bank described in subsection (1)(a) of this section, the department shall convene a temporary stakeholder group to identify the scholarly articles, materials, and curricula that will be a part of the resource bank.

(c) The stakeholder group must consist of no more than fifteen members, including a department representative and, when possible, a person or people representing each of the following: Educators; school mental health professionals; parents; youth between the ages of eighteen to twenty-five; public health advocacy non-profits; an expert in technology such as a cybersecurity expert, a representative from a technology industry association, or a technology engineer; and youth mental health professionals such as a social worker, child adolescent psychiatrist, or other professional specializing in youth mental health.

(d) When possible, as part of the resource bank, the department, with assistance from the stakeholder group, shall identify what grade or age-group materials are appropriate for, and when possible, when a material could be used for a standard within the comprehensive health education standards.

(2) On and after July 1, 2025, the department shall make the materials in the resource bank available without charge to local education providers, professional educators, parents or guardians of youth, students, and community providers. A local education provider is not required to adopt or implement any material or curricula from the resource bank. At the request of a local education provider, the department shall provide technical assistance to the local education provider in designing age-appropriate curricula pertaining to mental health.

(3) The materials and resources in the resource bank that are available to youth must be developed and updated with input from youth.

(4) Local education providers are encouraged to report to the department on the effectiveness of the resource bank materials and curricula and to recommend changes to improve the materials and curricula. The department is encouraged to update the resource bank materials and curricula based on recommendations from local education providers, professional educators, parents or guardians of youth, students, and community providers.

(5) The department shall collect disaggregated data on how often the materials and curricula are accessed and include that information at the department's annual "SMART Act" hearing held pursuant to part 2 of article 7 of title 2.

(6) As used in this section, unless the context otherwise requires, "local education provider" means a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22, the Colorado school for the deaf and the blind authorized pursuant to section 22-80-102, an approved facility school as defined in section 22-2-402, or a board of cooperative services created and operating pursuant to article 5 of this title 22 that operates one or more public schools.
C.R.S. § 22-51-108 — CO Code / Title 22 / Article 51 / Section 22-51-108
22-51-108. Rules
Status: in_force

22-51-108. Rules. The state board of education shall promulgate rules for the administration of this article. Such rules shall include reasonable and adequate standards of safety in the maintenance and operation of buses, the maintenance of records by school districts, the state charter school institute, and facility schools, the length of bus routes, the number of children to be transported in the various types of buses, and such other rules pertaining to pupil transportation as will promote the welfare of the students and afford reasonable protection to the public.
C.R.S. § 22-36-101 — CO Code / Title 22 / Article 36 / Section 22-36-101
22-36-101. Choice of programs and schools within school districts
Status: repealed

22-36-101. Choice of programs and schools within school districts. (1) Except as otherwise provided in subsection (3) of this section, every school district, as defined in section 22-30-103 (13), shall allow:

(a) Its resident pupils who apply pursuant to the procedures established pursuant to subsection (2) of this section to enroll in particular programs or schools within such school district; and

(b) Commencing with the 1994-95 school year and thereafter, nonresident pupils from other school districts within the state who apply pursuant to the procedures established pursuant to subsection (2) of this section to enroll in particular programs or schools within such school district without requiring the nonresident pupils to pay tuition.

(2) (a) Every school district shall adopt such policies and procedures as are reasonable and necessary to implement the provisions of subsection (1) of this section, including, but not limited to, timelines for application to and acceptance in any program or school that may provide for enrollment of the student on or before the pupil enrollment count day, and, while adopting policies and procedures, the school district shall consider adopting a policy establishing that an applicant with a proficiency rating of unsatisfactory in one or more academic areas who attends a public school that is required to implement a turnaround plan pursuant to section 22-11-406 or that is subject to restructuring pursuant to section 22-11-210 shall have priority over any other applicant for enrollment purposes. If a school district permits a student whose parent or guardian is a resident of the state but not a resident of the district to attend school in the district, the school district shall not require the parent, guardian, or student to pay tuition to attend school in the district, regardless of when during the school year, or under what circumstances, the student enrolls in or attends school in the district.

(b) In implementing the provisions of subsection (1) of this section, no school district shall be required to:

(I) Make alterations in the structure of a requested school or to make alterations to the arrangement or function of rooms within a requested school;

(II) Establish and offer any particular program in a school if such program is not currently offered in such school;

(III) Alter or waive any established eligibility criteria for participation in a particular program, including age requirements, course prerequisites, and required levels of performance; or

(IV) Enroll any student pursuant to this section in any program or school after the pupil enrollment count day.

(c) As used in this subsection (2), unless the context otherwise requires, "pupil enrollment count day" has the same meaning as set forth in section 22-54-103 (10.5).

(3) Any school district may deny any of its resident pupils or any nonresident pupils from other school districts within the state permission to enroll in particular programs or schools within such school district only for any of the following reasons:

(a) There is a lack of space or teaching staff within a particular program or school requested, in which case, priority shall be given to resident students applying for admission to such program or school.

(b) The school requested does not offer appropriate programs or is not structured or equipped with the necessary facilities to meet special needs of the pupil or does not offer a particular program requested.

(c) The pupil does not meet the established eligibility criteria for participation in a particular program, including age requirements, course prerequisites, and required levels of performance.

(d) A desegregation plan is in effect for the school district, and such denial is necessary in order to enable compliance with such desegregation plan.

(e) The student has been expelled, or is in the process of being expelled, for the reasons specified in section 22-33-106 (1)(c.5) or (1)(d) or the student may be denied permission to enroll pursuant to section 22-33-106 (3)(a), (3)(b), (3)(c), (3)(e), or (3)(f).

(4) Repealed.

(5) (a) Except as otherwise provided in paragraph (b) of this subsection (5), any pupil who enrolls in a school district other than the pupil's school district of residence pursuant to this article may remain enrolled in that school district's school or program through the end of the school year.

(b) This subsection (5) shall not apply if:

(I) The nonresident pupil is expelled pursuant to statute from the school or program described in paragraph (a) of this subsection (5);

(II) The nonresident pupil's attendance or participation in the school or program described in paragraph (a) of this subsection (5) requires the school district to perform any of the functions described in subparagraphs (I) to (III) of paragraph (b) of subsection (2) of this section; or

(III) The nonresident pupil is excluded from the school or program described in paragraph (a) of this subsection (5) for any of the reasons described in paragraphs (a) to (d) of subsection (3) of this section.
C.R.S. § 22-44-106 — CO Code / Title 22 / Article 44 / Part 1 / Section 22-44-106
22-44-106. Contingency reserve - operating reserve
Status: repealed

22-44-106. Contingency reserve - operating reserve.

(1) Repealed.

(2) A board of education may provide for an operating reserve in the general fund, which reserve shall not exceed fifteen percent of the amount budgeted to the general fund for the current fiscal year. Such operating reserve shall not be appropriated nor shall any moneys therein be expended during the fiscal year covered by the budget, but such moneys shall be a continuing reserve and be considered as a beginning general fund balance for the next following fiscal year.
C.R.S. § 22-87-102 — CO Code / Title 22 / Article 87 / Section 22-87-102
22-87-102. Legislative declaration
Status: in_force

22-87-102. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) Use of the internet in the public schools of the state provides an extraordinary, unique, and unparalleled educational resource;

(b) Reasonable measures must be adopted and implemented to protect the children who use internet services in public schools from access to material that is harmful to their beneficial development as responsible adults and citizens.

(2) It is the intent of the general assembly by enacting this article that public schools be required to adopt and enforce reasonable policies of internet safety that will protect children from access to harmful material without compromising either the use of the internet as an educational resource or responsible adult use of internet services in such schools.

(3) The general assembly favors the adoption by public libraries across the state of policies for children's internet protection that mirror the policies for public schools required to be adopted pursuant to the provisions of this article. Recognizing that limited state resources as of August 15, 2003, preclude an appropriation to expand the requirements of this article to include public libraries, the general assembly urges public libraries to, and hopes such libraries will, adopt the policies specified in this article on their own initiative.
C.R.S. § 22-30.5-528 — CO Code / Title 22 / Article 30.5 / Part 5 / Section 22-30.5-528
22-30.5-528. Institute charter schools - use of restraints on students - certain restraints p
Status: in_force

22-30.5-528. Institute charter schools - use of restraints on students - certain restraints prohibited - reports and review process - complaints and investigations - rules - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Chemical restraint" has the same meaning as set forth in section 26-20-102 (2).

(b) "Mechanical restraint" has the same meaning as set forth in section 26-20-102 (4).

(c) "Prone position" means a face-down position.

(d) "Prone restraint" means a restraint in which the individual being restrained is secured in a prone position.

(e) "Restraint" has the same meaning as set forth in section 26-20-102 (6).

(2) The "Protection of Individuals from Restraint and Seclusion Act", sections 26-20-101 to 26-20-111, sets forth the key definitions and prohibitions on the use of restraints, including the use of restraints on students, described in section 26-20-111.

(3) (a) On and after August 9, 2017, each institute charter school shall require any school employee or volunteer who uses any type of restraint on a student of the institute charter school to submit a written report of the incident to the institute charter school's administration not later than one school day after the incident occurred.

(b) On and after August 9, 2017, each institute charter school shall establish a review process, conduct the review process at least annually, and document the results of each review process in writing. Each annual review process must include a review of each incident in which restraint was used on a student during the preceding year. The purpose of each annual review process is to ensure that the institute charter school is properly administering restraint, identifying additional training needs, minimizing and preventing the use of restraint by increasing the use of positive behavior interventions, and reducing the incidence of injury to students and staff. Each annual review process must include but is not limited to:

(I) Analysis of incident reports, including consideration of procedures used during the restraint, preventative or alternative techniques attempted, documentation, and follow-up;

(II) Training needs of staff;

(III) Staff-to-student ratios; and

(IV) Environmental considerations, including physical space, student seating arrangements, and noise levels.

(c) Not more than five calendar days after the use of restraint on a student, the school administration shall mail, fax, or e-mail a written report of the incident to the parent or legal guardian of the student. The written report must be placed in the student's confidential file and include:

(I) The antecedent of the student's behavior, if known;

(II) A description of the incident;

(III) Any efforts made to de-escalate the situation;

(IV) Any alternatives to the use of restraints that were attempted;

(V) The type and duration of the restraint used;

(VI) Any injuries that occurred; and

(VII) The staff members who were present and staff members who were involved in administering the restraint.

(d) The department of education has enforcement authority over the restraint investigation decisions. This enforcement authority must follow the same procedures outlined for state complaints under the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and the department's state-level complaint procedures.

(e) No later than June 30, 2023, and every June 30 thereafter, each institute charter school shall submit the data from the annual review conducted pursuant to subsection (3)(b) of this section to the department of education pursuant to section 22-1-138.

(4) On or before November 1, 2017, the state board shall promulgate rules establishing a process by which a student or a parent or legal guardian of a student may formally complain about the use of restraint or seclusion by any employee or volunteer of any institute charter school. To the extent practicable, the process must reflect the complaint process for filing a state complaint under the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended.

(5) The department of education shall create and implement rigorous standards for training school staff and administrators on the "Protection of Individuals from Restraint and Seclusion Act", sections 26-20-101 to 26-20-111.
C.R.S. § 22-102-103 — CO Code / Title 22 / Article 102 / Section 22-102-103
22-102-103. Definitions
Status: in_force

22-102-103. Definitions. As used in this article 102, unless the context otherwise requires:

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

(2) "Pilot program" means the K-5 social and emotional health pilot program, created in section 22-102-104.

(3) "Pilot school" means a school selected by the department to participate in the pilot program created in section 22-102-104 for students in kindergarten through fifth grade.

(4) "School counselor" means a person with a temporary educator eligibility authorization issued pursuant to section 22-60.5-111 (5) who is working to attain a special services provider license for school counseling, or a license issued pursuant to article 60.5 of this title 22 with an endorsement in school counseling, including but not limited to the completion of course work in the areas of academic and social-emotional development; assessment for social and emotional concerns, including suicide prevention and intervention; crisis intervention; social-emotional prevention programs, including character education and violence prevention; mental health; protective factors for at-risk students; and career awareness, exploration, and planning.

(5) "School district" means a school district organized and existing pursuant to law but does not include a local college district. "School district" includes the state charter school institute and a board of cooperative services that operates a school.

(6) "School mental health professional" means a school counselor, a school psychologist, or a school social worker.

(7) "School psychologist" means a person with a temporary educator eligibility authorization issued pursuant to section 22-60.5-111 (5) who is working to attain a special services provider license as a school psychologist, or a license issued pursuant to article 60.5 of this title 22 with a school psychologist endorsement.

(8) "School social worker" means a person with a temporary educator eligibility authorization issued pursuant to section 22-60.5-111 (5) who is working to attain a special services provider license as a school social worker, or a license issued pursuant to article 60.5 of this title 22 with an endorsement in school social work, including but not limited to the completion of course work in the areas of school and special education law, including content covering functional behavior assessment and the development of behavior intervention plans.
C.R.S. § 22-40-110 — CO Code / Title 22 / Article 40 / Section 22-40-110
22-40-110. Additional property tax for capital improvements in growth school districts
Status: in_force

22-40-110. Additional property tax for capital improvements in growth school districts. (1) The board of education of any growth district, as defined in section 22-2-125 (1)(b), at any regular biennial school election or special election, may submit to the eligible electors of the growth district the question of the imposition of an additional property tax levy in accordance with the provisions of this section for:

(a) One or more of the purposes specified in section 22-42-102 (2)(a)(I) to (2)(a)(V);

(b) The payment of any loan received by the growth district pursuant to section 22-2-125 and the payment of any interest due on such loan; or

(c) The payment of any loan received by the growth district pursuant to article 15 of title 23, C.R.S., and the payment of any interest due on such loan.

(2) (a) Except as otherwise provided in paragraph (b) of this subsection (2), a growth district may impose an additional property tax levy of no more than five mills or a number of mills as determined by dividing the latest statewide valuation for assessment of the taxable property in all school districts by the pupil enrollment of all school districts, and dividing said amount by the latest valuation for assessment of the taxable property in the growth district divided by the pupil enrollment of the growth district, whichever is the lesser amount.

(b) If the amount as determined by dividing the latest valuation for assessment of the taxable property in a growth district by the pupil enrollment of the growth district is greater than the amount as determined by dividing the latest statewide valuation for assessment of the taxable property in all school districts by the pupil enrollment of all school districts, the growth district may impose an additional property tax levy of no more than one mill.

(3) Moneys collected from such tax levy shall be credited to the capital reserve fund pursuant to section 22-45-103 (1)(c)(IV).

(4) Any special election called pursuant to this section shall be held on the general election day in each even-numbered year or on the first Tuesday in November of each odd-numbered year and shall be conducted pursuant to the provisions of articles 1 to 13 of title 1, C.R.S.
C.R.S. § 22-16-107 — CO Code / Title 22 / Article 16 / Section 22-16-107
22-16-107. Local education provider - data collection - data security policy
Status: in_force

22-16-107. Local education provider - data collection - data security policy. (1) (a) Each local education provider shall post and maintain on its website clear information that is understandable by a layperson explaining the data elements of student personally identifiable information that the local education provider collects and maintains in the local education provider's data system, not including the student personally identifiable information that the local education provider transmits to the department. The list must explain how the local education provider uses and shares the student personally identifiable information. The local education provider shall include on its website a link to the data inventory and dictionary or index of data elements that the state board publishes as required in section 22-16-104 (1)(a).

(b) Each local education provider shall post and maintain on its website a list of the school service contract providers that the local education provider contracts with and a copy of each contract.

(2) (a) Each local education provider shall ensure that the terms of each contract that the local education provider enters into or renews with a school service contract provider on and after August 10, 2016, at a minimum, require the contract provider to comply with the requirements in sections 22-16-108 to 22-16-110. If the contract provider commits a material breach of the contract that involves the misuse or unauthorized release of student personally identifiable information, the local education provider shall determine whether to terminate the contract in accordance with a policy adopted by the governing body of the local education provider. At a minimum, the policy must require the governing body, within a reasonable time after the local education provider identifies the existence of a material breach, to hold a public hearing that includes discussion of the nature of the material breach, an opportunity for the contract provider to respond concerning the material breach, public testimony, and a decision as to whether to direct the local education provider to terminate or continue the contract.

(b) On and after August, 10, 2016, a local education provider shall not enter into or renew a contract with a school service contract provider that refuses to accept the terms specified in paragraph (a) of this subsection (2) or that has substantially failed to comply with one or more of the requirements in sections 22-16-108 to 22-16-110.

(3) (a) Each local education provider shall post on its website, to the extent practicable, a list of the school service on-demand providers that the local education provider or an employee of the local education provider uses for school services. At a minimum, the local education provider shall update the list of school service on-demand providers at the beginning and mid-point of each school year. The local education provider, upon the request of a parent, shall assist the parent in obtaining the data privacy policy of a school service on-demand provider that the local education provider or an employee of the local education provider uses.

(b) If a parent has evidence demonstrating that a school service on-demand provider that the local education provider or an employee of the local education provider uses does not substantially comply with the on-demand provider's privacy policy or does not meet the requirements specified in section 22-16-109 (2) or 22-16-110 (1), the parent may notify the local education provider and provide the evidence for the parent's conclusion.

(c) If a local education provider has evidence demonstrating that a school service on-demand provider does not substantially comply with the on-demand provider's privacy policy or does not meet the requirements specified in section 22-16-109 (2) or 22-16-110 (1), the local education provider is strongly encouraged to cease using or refuse to use the school service on-demand provider and prohibit employees of the local education provider from using the on-demand provider. The local education provider shall notify the on-demand provider that it is ceasing or refusing to use the on-demand provider pursuant to this paragraph (c), and the on-demand provider may submit a written response to the local education provider. The local education provider shall publish and maintain on its website a list of any school service on-demand providers that it ceases using or refuses to use for the reasons described in this paragraph (c), with any written responses that it receives from the on-demand providers. The local education provider shall notify the department if it ceases using an on-demand provider for the reasons described in this paragraph (c) and provide a copy of any written response the on-demand provider may submit.

(d) Each local education provider that uses on-demand school service providers shall post on its website a notice to on-demand providers that, if the local education provider ceases using or refuses to use an on-demand school service provider pursuant to paragraph (c) of this subsection (3), the local education provider will post on its website the name of the on-demand provider, with any written response that the on-demand provider may submit, and will notify the department, which will post on its website the on-demand provider's name and any written response.

(4) (a) On or before December 31, 2017, each local education provider shall adopt a student information privacy and protection policy that, at a minimum, addresses the issues specified in section 22-16-106 (1). The local education provider shall annually review the policy and revise it as necessary to ensure that it remains current and adequate to protect student personally identifiable information privacy in light of advances in data technology and dissemination.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (4), a local education provider that is a small rural school district shall adopt the student information privacy and protection policy by July 1, 2018.

(c) Each local education provider shall make copies of the student information privacy and protection policy available upon request to the parent of a student enrolled by the local education provider and shall post a current copy of the student information privacy protection policy on the local education provider's website.
C.R.S. § 22-5.5-101 — CO Code / Title 22 / Article 5.5 / Section 22-5.5-101
22-5.5-101. Short title
Status: in_force

22-5.5-101. Short title. This article shall be known and may be cited as the "Regional Service Areas Act".
C.R.S. § 22-2-111 — CO Code / Title 22 / Article 2 / Part 1 / Section 22-2-111
22-2-111. Commissioner of education - office - records - confidential nature
Status: in_force

22-2-111. Commissioner of education - office - records - confidential nature. (1) The commissioner shall have an office at the seat of the government where he shall keep an official seal and all books and papers pertaining to the business affairs of his office. He shall be entitled to reimbursements for necessary travel and subsistence expenses, incurred either within or without the state, in accordance with regulations promulgated by the state controller.

(2) Copies of all papers, reports, and documents filed in his office, and his official acts, may be certified by him under seal, and when so certified shall be evidence of his official acts equally and in a like manner as the original paper, report, or document or testimony under oath.

(3) (a) Except when requested by the governor or a committee of the general assembly or pursuant to compliance with section 22-32-109.8 or 22-2-119, all papers filed in the department of education that contain personal information about applicants for employment, employees, or holders of educator licenses or authorizations or about pupils' test scores are classified as confidential in nature; however, each educator has the right to inspect and to have copies made at the educator's expense of all information pertaining to the educator on file in the department of education. The educator may challenge any such record by formal letter or other evidence, which shall be added to the state records. The state board may authorize any material to be added to or removed from an educator's official records in its custody. It is unlawful for any officer, employee, or other person to divulge, or to make known in any way, any such personal information without the written consent of said applicant, employee, educator, or pupil; but the information may be divulged or made known in the normal and proper course of administration of programs relating thereto without such written consent. Nothing in this subsection (3) shall be construed in a manner to prohibit the publication of statistics relative to the aforementioned information when so classified as to prevent the identification of educators or pupils involved in said statistics.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (3), on or before July 1, 2004, and on or before July 1 each year thereafter, the department shall provide to the department of higher education a list of the persons initially licensed as educators during the preceding twelve months and, for each such person who completed an approved program of preparation provided by a Colorado institution of higher education, the name of the institution that provided the approved program of preparation, and a list of the persons who have held an educator license for two years as of the reporting date.
C.R.S. § 22-2-303 — CO Code / Title 22 / Article 2 / Part 3 / Section 22-2-303
22-2-303. Definitions
Status: in_force

22-2-303. Definitions. As used in this part 3, unless the context otherwise requires:

(1) "Commissioner" means the commissioner of education appointed pursuant to section 1 of article IX of the state constitution.

(2) "Current data technology system" means the data technology system or systems in use by the department as of May 23, 2007.

(3) "Data dictionary" means an essential component of data management adopted by the department pursuant to section 22-2-305 that defines all of the data elements the department collects from school districts and public schools and describes the methods by which the department collects the data through the single statewide data collection system.

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

(5) "EDAC" means the education data advisory committee created pursuant to section 22-2-304.

(6) "Public school" means a public school as provided in section 22-1-101, including a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title or an institute charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title.

(7) "State board" means the state board of education created and existing pursuant to section 1 of article IX of the state constitution.
C.R.S. § 22-54-107.9 — CO Code / Title 22 / Article 54 / Section 22-54-107.9
22-54-107.9. Override mill levy match - calculation - distribution - fund created - definitio
Status: repealed

22-54-107.9. Override mill levy match - calculation - distribution - fund created - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Additional mill levy revenue per pupil amount" means the amount of an eligible district's additional mill levy revenue, as defined in section 22-32-108.5, for a budget year, divided by the eligible district's funded pupil count for that budget year.

(b) "Applicable budget year" means the budget year in which the department distributes money pursuant to this section to a district.

(c) "Applicable property tax year" means the property tax year that ends during the applicable budget year.

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

(e) "Eligible district" means a district for which the override mill capacity is less than the maximum number of override mills calculated for the district.

(f) "Eligible institute charter school" means an institute charter school that is located within the geographic boundaries of an eligible district.

(g) "Maximum number of override mills" means the number of override mills calculated for a district pursuant to subsection (3) of this section.

(h) "Override mill capacity" means the number of override mills calculated pursuant to subsection (4) of this section that a district may be expected to levy toward the district's maximum number of override mills.

(i) "Override mill per pupil match amount" means the amount of the override mill match amount that the department distributes to an eligible district pursuant to subsection (5)(a) of this section for a budget year, divided by the eligible district's funded pupil count for that budget year.

(j) "Override mills" means property tax mills that a district levies pursuant to section 22-54-108.

(k) "Small rural district" has the same meaning as provided in section 22-54-108.

(l) Repealed.

(2) (a) Beginning in the 2022-23 budget year and for each budget year thereafter, the department, in June of each budget year, shall calculate and distribute as a lump sum to each eligible district and each eligible institute charter school an override mill match amount as provided in this section. The department shall distribute the override mill match amount from money annually appropriated from the mill levy override match fund created in subsection (6) of this section. In a budget year in which the general assembly does not appropriate a sufficient amount to fully fund the distributions calculated pursuant to this section, the department shall reduce the amount of each eligible district's and each eligible institute charter school's distribution by the same percentage that the deficit bears to the amount required to fully fund the distributions calculated pursuant to this section.

(b) The override mill match amount that an eligible district receives pursuant to this section is deemed to be additional mill levy revenue that is subject to distribution to the charter schools of the district in the same manner that the district distributes other additional mill levy revenue that it collects to the charter schools of the district pursuant to section 22-32-108.5.

(3) (a) For the 2022-23 budget year and for each budget year thereafter, the department shall annually determine each district's maximum number of override mills, which is equal to the number of mills that a district may levy for the applicable property tax year to generate property tax revenue equal to twenty-five percent, or thirty percent in the case of a small rural district, of the district's:

(I) Total program for the applicable budget year, if ten percent or less of the district's funded pupil count for the applicable budget year is attributable to the district's online pupil enrollment; or

(II) Adjusted total program for the applicable budget year calculated pursuant to subsection (3)(b) of this section, if more than ten percent of the district's funded pupil count for the applicable budget year is attributable to the district's online pupil enrollment.

(b) If more than ten percent of a district's funded pupil count for the applicable budget year is attributable to the district's online pupil enrollment, the department shall calculate the district's adjusted total program as follows:

(I) The department shall reduce the district's online pupil enrollment in accordance with the following formula:

District online pupil enrollment - (((district funded pupil count - district online pupil enrollment) ÷ .9) x .1)

(II) The department shall subtract from the district's total program for the applicable budget year an amount equal to the district's reduced online pupil enrollment, calculated pursuant to subsection (3)(b)(I) of this section, multiplied by the per pupil online funding amount for the applicable budget year as described in this article 54.

(3.5) (a) For the 2023-24 budget year, the department shall:

(I) Calculate for each district an amount equal to the district's assessed value of real property for the property tax year commencing on January 1, 2023, divided by the district's pupil enrollment divided by two thousand; and

(II) Determine the median amount of all calculations made pursuant to subsection (3.5)(a)(I) of this section.

(b) For each district, the department shall determine if:

(I) The district's amount calculated pursuant to subsection (3.5)(a)(I) of this section is less than the amount determined pursuant to subsection (3.5)(a)(II) of this section;

(II) The number of mills the district is authorized by its eligible electors to levy pursuant to section 22-54-108 is greater than zero; and

(III) The district has an amount that is greater than 0.9 after calculating the maximum number of mills the district is authorized to levy pursuant to section 22-54-108 (3)(b)(V) minus the number of mills the district is authorized by its eligible electors to levy pursuant to section 22-54-108.

(c) For each district that satisfies every condition described pursuant to subsection (3.5)(b) of this section, the department shall calculate for each district an amount equal to:

(Median amount determined pursuant to subsection (3.5)(a)(II) of this section - District amount calculated pursuant to subsection (3.5)(a)(I) of this section) x District's pupil enrollment.

(d) Notwithstanding any provision of this section, for the 2023-24 budget year, each district must receive the greater of the amount determined pursuant to subsection (3.5)(c) of this section or the amount determined pursuant to subsection (3) of this section.

(e) No later than June 10, 2024, the state treasurer shall transfer nine million one hundred thirty-five thousand six hundred ninety-eight dollars ($9,135,698) from the state education fund to the mill levy override match fund.

(4) (a) For the 2022-23 budget year and each budget year thereafter, the department shall identify the five-year average median household income for each district in the state, referred to in this section as the "average median income", using the information reported by the United States census bureau's American community survey for the applicable budget year. The department shall determine the amount of the difference between the highest average median income and lowest average median income among all districts in the state, referred to in this section as the "median income gap".

(b) Using the average median income for each district, the department shall annually determine for each district the district's override mill capacity, which is the number of override mills the district may be expected to levy toward the district's maximum number of override mills, using the following formula:

(((District average median income - lowest district average median income) ÷ median income gap) x 20) + 15

(5) (a) For the 2022-23 budget year and each budget year thereafter, the department shall calculate the state match percentage for each eligible district by subtracting the eligible district's override mill capacity from the eligible district's maximum number of override mills, then dividing the remainder by the eligible district's override mill capacity. The department shall annually distribute to each eligible district an override mill match amount equal to the eligible district's state match percentage multiplied by the amount of property tax revenue generated by the number of override mills that the eligible district levies for the applicable property tax year.

(b) For the 2022-23 budget year and each budget year thereafter, the department shall distribute to each eligible institute charter school an override mill match amount equal to the override mill per pupil match amount for the eligible institute charter school's accounting district multiplied by the eligible institute charter school's pupil enrollment for the applicable budget year; except that the department shall ensure that the total per pupil amount distributed to an eligible institute charter school pursuant to this section and section 22-30.5-513.1 in a single budget year does not exceed the combined total of the additional mill levy revenue per pupil amount and override mill per pupil match amount of the eligible institute charter school's accounting district for the applicable budget year.

(6) (a) The mill levy override match fund is created in the state treasury. The fund consists of money appropriated or transferred to the fund by the general assembly. The state treasurer shall credit to the fund all interest and income derived from the deposit and investment of money in the fund. Subject to annual appropriation by the general assembly, for the 2022-23 budget year and each budget year thereafter, the department shall distribute money from the fund as described in this section. In addition, the department may expend a portion of the amount appropriated from the fund to pay the direct costs that the department incurs in implementing this section.

(b) On July 1, 2022, the state treasurer shall transfer ten million dollars from the general fund to the mill levy override match fund.

(7) (a) On July 1, 2023, the state treasurer shall transfer twenty-three million three hundred seventy-six thousand five hundred thirty-six dollars from the state education fund to the mill levy override match fund.

(a.5) On July 1, 2024, the state treasurer shall transfer fifteen million seven hundred fifteen thousand five hundred thirty-nine dollars ($15,715,539) from the state education fund to the mill levy override match fund.

(b) The general assembly finds and declares that for the purposes of section 17 of article ix of the state constitution, providing eligible school districts and eligible institute charter schools an override mill match pursuant to this section is a program for accountable education reform and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.

(8) Notwithstanding any provision of this section to the contrary, for the 2022-23 budget year and budget years thereafter, the department of education shall not calculate and distribute to an eligible district or an eligible institute charter school an override mill match amount as provided in this section if the sum of the district's override mills is equal to or greater than the district's override mill capacity.
C.R.S. § 22-7-1019 — CO Code / Title 22 / Article 7 / Part 10 / Section 22-7-1019
22-7-1019. Preschool to postsecondary and workforce readiness - progress reports - effectiv
Status: in_force

22-7-1019. Preschool to postsecondary and workforce readiness - progress reports - effectiveness reports. (1) Notwithstanding section 24-1-136 (11)(a)(I), on or before February 15, 2009, and on or before February 15 each year thereafter, the department of education shall submit to the education committees of the senate and the house of representatives, or any successor committees, a report summarizing the actions taken by the state board, the commission, and local education providers in implementing the requirements specified in this part 10. The department may include in the report recommendations, as may be necessary, for legislative changes in the timeline for implementation of this part 10.

(2) Notwithstanding section 24-1-136 (11)(a)(I), on or before February 15, 2014, and on or before February 15 each year thereafter, the department of education shall submit to the education committees of the senate and the house of representatives, or any successor committees, a report concerning the results achieved through implementation of school readiness, the preschool through elementary and secondary education standards, and postsecondary and workforce readiness.

(3) (a) At a minimum, the report shall include the following information for the preceding academic year:

(I) The levels of school readiness demonstrated by students enrolled in kindergarten;

(II) The number of students enrolling in the postsecondary and workforce readiness programs and the number of students making adequate longitudinal progress through and completing the postsecondary and workforce readiness programs;

(III) The levels of postsecondary and workforce readiness demonstrated by high school students; and

(IV) Beginning with the report submitted in 2016, the number of students receiving a high school diploma that includes an endorsement, identified by type of endorsement.

(b) The department of education shall present the information in the report on a statewide basis and shall disaggregate the information by school district, school, grade level, free or reduced-cost lunch eligibility status, gender, and ethnicity, and by any other characteristic deemed by the department to be meaningful.

(4) Each local education provider shall cooperate with the department of education in providing the information necessary for the reports prepared pursuant to this section.
C.R.S. § 22-60.5-120 — CO Code / Title 22 / Article 60.5 / Part 1 / Section 22-60.5-120
22-60.5-120. Provisional license - initial license - change of term
Status: in_force

22-60.5-120. Provisional license - initial license - change of term. As of April 7, 2005, "provisional" educator licenses shall be known as "initial" educator licenses. A person who holds a provisional educator license as of April 7, 2005, shall be deemed to hold an initial educator license on and after said date, so long as the license is valid.
C.R.S. § 22-82.9-107 — CO Code / Title 22 / Article 82.9 / Part 1 / Section 22-82.9-107
22-82.9-107. No individual entitlement
Status: in_force

22-82.9-107. No individual entitlement. (1) This part 1 does not create a legal entitlement to any participant to assistance provided pursuant to the program.

(2) The department in administering the program and a school food authority in implementing the program may not create and shall not be deemed to create a legal entitlement to any participant to assistance provided pursuant to the program.
C.R.S. § 22-2-505 — CO Code / Title 22 / Article 2 / Part 5 / Section 22-2-505
22-2-505. Minority teacher recruitment - short title - legislative declaration - study - r
Status: in_force

22-2-505. Minority teacher recruitment - short title - legislative declaration - study - report. (1) The general assembly finds and declares that:

(a) Diversity of teachers in K-12 classrooms is important not only because it helps provide positive role models for students but also because it offers a broader cultural understanding of learning strategies and needs;

(b) The most recent data for Colorado shows that while approximately forty-four percent of students in Colorado are minorities, only twelve percent of teachers are minorities; and

(c) Statewide, the number of minority teachers has not kept up with population growth and changes in student diversity.

(2) The general assembly therefore declares that it is a matter of statewide concern to study and develop strategies to increase and improve the recruitment, preparation, and retention of high-quality minority teachers in Colorado's public school system.

(3) The department shall study and develop strategies to increase and improve the recruitment, preparation, development, and retention of high-quality minority teachers in elementary and secondary schools in Colorado. On or before December 1, 2014, the department shall prepare a report on its findings, including current statewide and district demographics and recommendations, and submit it to the office of the governor, the state board of education, and the education committees of the house of representatives and senate, or any successor committees. The department shall present the report on its findings to the education committees of the house of representatives and senate, or any successor committees, on or before January 30, 2015.

(4) This section shall be known as "Aliyah's Law".