C.R.S. § 22-32-109.1 — CO Code / Title 22 / Article 32 / Section 22-32-109.1
22-32-109.1. Board of education - specific powers and duties - safe school plan - conduct and
Status: repealed

22-32-109.1. Board of education - specific powers and duties - safe school plan - conduct and discipline code - safe school reporting requirements - school response framework - school resource officers - definitions. (1) Definitions. As used in this section, unless the context otherwise requires:

(a) "Action taken" means a specific type of discipline, including but not limited to the following categories of discipline:

(I) In-school suspension;

(II) Out-of-school suspension;

(III) Classroom removal in accordance with board policy;

(IV) Expulsion;

(V) Referral to law enforcement; or

(VI) Any other form of discipline, which shall be officially identified as part of a board policy.

(b) "Bullying" means any written or oral expression, or physical or electronic act or gesture, or a pattern thereof, that is intended to coerce, intimidate, or cause any physical, mental, or emotional harm to any student. Bullying is prohibited against any student for any reason, including, but not limited to, any bullying behavior that is directed toward a student on the basis of the student's academic performance; any bullying behavior that is directed toward a student against whom federal and state laws prohibit discrimination upon any of the bases described in section 22-32-109 (1)(ll)(I)(A); or a pattern of bullying behavior that is directed toward a student on the basis of the student's weight, height, or body size. This definition is not intended to infringe upon any right guaranteed to any person by the first amendment to the United States constitution or to prevent the expression of any religious, political, or philosophical views.

(b.5) "Community partners" means, collectively, local fire departments, state and local law enforcement, local 911 agencies, interoperable communications providers, the safe2tell program described in section 24-31-606, C.R.S., local emergency medical service personnel, local mental health organizations, local public health agencies, local emergency management personnel, local or regional homeland security personnel, and school resource officers.

(b.7) "Corporal punishment" has the same meaning as set forth in section 22-1-140.

(c) "Dangerous weapon" has the same meaning as set forth in section 22-33-102 (4).

(d) "Full-time teacher" means a person who is licensed pursuant to article 60.5 of this title, or is authorized pursuant to section 22-60.5-111 to teach, and is primarily engaged in teaching during a majority of the instructional minutes per school day.

(e) "Habitually disruptive student" has the same meaning as set forth in section 22-33-106 (1)(c.5).

(e.5) "Law enforcement" includes any law enforcement agency, law enforcement officer, or school resource officer.

(f) (I) "Referral to law enforcement" means a communication between a school administrator, teacher, or other school employee and law enforcement that:

(A) Is initiated by the school administrator, teacher, or other school employee; and

(B) Concerns behavior by a student that the school administrator, teacher, or other school employee believes may constitute a violation of the school conduct and discipline code or a criminal or delinquent offense and for which the school administrator, teacher, or other school employee requests an investigation or other involvement by law enforcement.

(II) "Referral to law enforcement" does not include:

(A) Contact with law enforcement that is made for the purpose of education, prevention, or intervention regarding a student's behavior;

(B) Routine or incidental communication between a school administrator, teacher, or other school employee and law enforcement; or

(C) Any incident or communication that is initiated by law enforcement.

(g) "Restorative justice" has the same meaning as set forth in section 22-32-144 (3).

(g.3) "School" means a public school of a school district, a charter school, or an institute charter school.

(g.5) "School resource officer" means a peace officer, as described in section 16-2.5-101, C.R.S., who has specialized training, as described in section 24-31-312, C.R.S., to work with school staff and students and who is assigned to a public school or charter school for the purpose of creating a safe learning environment and responding to all-hazard threats that may impact the school.

(h) "School vehicle" shall have the same meaning as set forth in section 42-1-102 (88.5), C.R.S.

(1.5) Mission statement. Each school district board of education shall adopt a mission statement for the school district, which statement shall include making safety for all students and staff a priority in each public school of the school district.

(2) Safe school plan. To provide a learning environment that is safe, conducive to the learning process, and free from unnecessary disruption, each school district board of education or institute charter school board for a charter school authorized by the charter school institute shall, following consultation with the school district accountability committee and school accountability committees, parents, teachers, administrators, students, student councils where available, and, where appropriate, the community at large, adopt and implement a safe school plan, or review and revise, as necessary in response to any relevant data collected by the school district, any existing plans or policies already in effect. In addition to the aforementioned parties, each school district board of education, in adopting and implementing its safe school plan, may consult with victims' advocacy organizations, school psychologists, local law enforcement, and community partners. The plan, at a minimum, must include the following:

(a) Conduct and discipline code. (I) A concisely written conduct and discipline code that must be enforced uniformly, fairly, and consistently for all students. Copies of the code shall be provided to each student upon enrollment at the preschool, elementary, middle, and high school levels and be posted or kept on file at each public school in the school district. The school district shall take reasonable measures to ensure that each student of each public school in the school district is familiar with the code. The code must include, but need not be limited to:

(A) General policies on student conduct, safety, and welfare;

(B) General policies and procedures for dealing with students who cause a disruption on school grounds, in a school vehicle, or at a school activity or sanctioned event, including a specific policy allowing a teacher to remove a disruptive student from his or her classroom. The policy shall state that, upon the third such removal from a teacher's class, the teacher may remove the disruptive student from the teacher's class for the remainder of the term of the class; except that a disruptive student shall not be removed from a teacher's class for the remainder of the term of the class unless the principal of the student's school or his or her designee has developed and implemented a behavior plan for the student. A behavior plan may be developed after the first such removal from class and shall be developed after the second removal from class. The general policies and procedures shall include a due process procedure, which at a minimum shall require that, as soon as possible after a removal, the teacher or the school principal shall contact the parent or legal guardian of the student to request his or her attendance at a student-teacher conference regarding the removal. Any policy or procedure adopted shall comply with applicable federal and state laws, including but not limited to laws regarding students with disabilities.

(C) Provisions for the initiation of suspension or expulsion proceedings for students who qualify as habitually disruptive students;

(D) Policies and procedures for the use of acts of reasonable and appropriate physical intervention or force in dealing with disruptive students; except that a board shall not adopt a discipline code that includes provisions that are in conflict with the description of child abuse in section 18-6-401 (1) or 19-1-103 (1). Each conduct and discipline code must state that, in accordance with section 22-1-140, a person employed by or volunteering in a public school shall not impose corporal punishment on a child.

(E) General policies and procedures for determining the circumstances under and the manner in which disciplinary actions, including suspension and expulsion, shall be imposed in accordance with the provisions of sections 22-33-105, 22-33-106, and 22-33-106.1;

(F) A specific policy concerning gang-related activities on school grounds, in school vehicles, and at school activities or sanctioned events;

(G) Written prohibition, consistent with section 22-33-106, of students from bringing or possessing dangerous weapons, drugs, or other controlled substances on school grounds, in a school vehicle, or at a school activity or sanctioned event and from using drugs or other controlled substances on school grounds, in a school vehicle, or at a school activity or sanctioned event;

(H) Written prohibition of students from using or possessing tobacco products on school grounds, in a school vehicle, or at a school activity or sanctioned event;

(I) A written policy concerning searches on school grounds, including searches of student lockers;

(J) A dress code policy that prohibits students from wearing apparel that is deemed disruptive to the classroom environment or to the maintenance of a safe and orderly school. The dress code policy may require students to wear a school uniform or may establish minimum standards of dress;

(K) On and after August 8, 2001, a specific policy concerning bullying prevention and education. Each school district shall ensure that the school district's policy, at a minimum, incorporates the approaches, policies, and practices outlined in the model bullying prevention and education policy developed pursuant to section 22-2-144.

(L) Information concerning the school district's policies for the use of restraint and seclusion on students, including a reference to section 26-20-111 and information concerning the process for filing a complaint regarding the use of restraint or seclusion, as such process is set forth by rule of the state board pursuant to section 22-32-147.

(II) In creating and enforcing a school conduct and discipline code pursuant to subsection (2)(a)(I) of this section, each school district board of education, on and after August 1, 2013, shall:

(A) Impose proportionate disciplinary interventions and consequences, including but not limited to in-school suspensions, in response to student misconduct, which interventions and consequences are designed to reduce the number of expulsions, out-of-school suspensions, and referrals to law enforcement, except for such referrals to law enforcement as are required by state or federal law;

(B) Include plans for the appropriate use of prevention, intervention, restorative justice, peer mediation, counseling, or other approaches to address student misconduct, which approaches are designed to minimize student exposure to the criminal and juvenile justice system. The plans shall state that a school administration shall not order a victim's participation in a restorative justice practice or peer mediation if the alleged victim of an offending student's misconduct alleges that the misconduct constitutes unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S.; a crime in which the underlying factual basis involves domestic violence, as defined in section 18-6-800.3 (1), C.R.S.; stalking as defined in section 18-3-602, C.R.S.; or violation of a protection order, as defined in section 18-6-803.5, C.R.S.;

(C) Ensure that the implementation of the code complies with all state and federal laws concerning the education of students with disabilities, as defined in section 22-20-103 (5);

(D) Ensure that, in implementing the code, each school of the school district shows due consideration of the impact of certain violations of the code upon victims of such violations, in accordance with the provisions of Title IX of the United States Code and other state and federal laws; and

(E) Ensure that, in implementing the code, each school of the school district complies with the requirements of section 22-33-106.1.

(b) Safe school reporting requirements. A policy whereby the principal of each public school in a school district is required to submit annually, in a manner and by a date specified by rule of the state board, and in accordance with standardized methods and any revised reporting categories identified and adopted through the stakeholder process set forth in section 22-1-138, a written report to the board of education of the school district concerning the learning environment in the school during that school year. The board of education of the school district shall annually compile the reports from every school in the district and submit the compiled report to the department of education in a format specified by rule of the state board. The compiled report must be easily accessible by the general public through a link on the department of education's website home page. The report must include, but need not be limited to, the following specific information for the preceding school year, including any disciplinary incident specified in subsection (2)(b)(IV)(E) or (2)(b)(IV)(K) of this section that requires additional reporting on the incident:

(I) The total enrollment for the school;

(II) The average daily attendance rate at the school;

(III) Dropout rates for grades seven through twelve, if such grades are taught at the school;

(IV) The number of conduct and discipline code violations. Each violation must be reported only in the most serious category that is applicable to that violation, including but not limited to specific information identifying the number of, and the action taken with respect to, each of the following types of violations:

(A) Possessing a dangerous weapon on school grounds, in a school vehicle, or at a school activity or sanctioned event without the authorization of the school or the school district;

(B) Use or possession of alcohol on school grounds, in a school vehicle, or at a school activity or sanctioned event;

(C) Use, possession, or sale of a drug or controlled substance, other than marijuana, on school grounds, in a school vehicle, or at a school activity or sanctioned event;

(C.5) The unlawful use, possession, or sale of marijuana on school grounds, in a school vehicle, or at a school activity or sanctioned event;

(D) Use or possession of a tobacco product on school grounds, in a school vehicle, or at a school activity or sanctioned event;

(E) Being willfully disobedient or openly and persistently defiant or repeatedly interfering with the school's ability to provide educational opportunities to, and a safe environment for, other students. In addition to providing information on such disciplinary incidents in the compiled report required by this subsection (2)(b), the report filing must include any additional information deemed necessary by the department of education pursuant to the process required pursuant to section 22-1-138. Information included in reporting for incidents currently categorized as disobedience or defiance may include, but is not limited to, school and district code; location of incidents; description of the behaviors that constituted the violations; interventions or de-escalation strategies attempted leading up to the incident; and descriptive information of the student or students involved in the incidents, including, but not limited to, gender, grade level, ethnicity, race, and whether the student has federal section 504 accommodations or an individualized education plan. Information on the report must be submitted in accordance with the department of education's data privacy and reporting requirements.

(F) Commission of an act on school grounds, in a school vehicle, or at a school activity or sanctioned event that, if committed by an adult, would be considered first degree assault, as described in section 18-3-202, C.R.S., second degree assault, as described in section 18-3-203, C.R.S., or vehicular assault, as described in section 18-3-205, C.R.S.;

(G) Behavior on school grounds, in a school vehicle, or at a school activity or sanctioned event that is detrimental to the welfare or safety of other students or of school personnel, including but not limited to behavior that creates a threat of physical or emotional harm to the student or to other students;

(G.5) Bullying;

(H) Willful destruction or defacement of school property;

(I) Commission of an act on school grounds, in a school vehicle, or at a school activity or sanctioned event that, if committed by an adult, would be considered third degree assault, as described in section 18-3-204, C.R.S., or disorderly conduct, as described in section 18-9-106 (1)(d), C.R.S., but not disorderly conduct involving firearms or other deadly weapons, as described in section 18-9-106 (1)(e) and (1)(f), C.R.S.;

(J) Commission of an act on school grounds, in a school vehicle, or at a school activity or sanctioned event that, if committed by an adult, would be considered robbery; and

(K) Other violations of the code of conduct and discipline that resulted in documentation of the conduct in a student's record. In addition to providing information on such disciplinary incidents in the compiled report required by this subsection (2)(b), the report filing must include any additional information deemed necessary by the department of education pursuant to the process required pursuant to section 22-1-138. Information included in reporting for incidents currently categorized as disobedience or defiance may include, but is not limited to, school and district code; location of the incidents; description of the behaviors that constituted the violations; interventions or de-escalation strategies attempted leading up to the incidents; and descriptive information of the student or students involved in the incidents, including, but not limited to, gender, grade level, ethnicity, race, and whether the student has federal section 504 accommodations or an individualized education plan. Information on the report must be submitted in accordance with the department of education's data privacy and reporting requirements.

(V) and (VI) (Deleted by amendment, L. 2012.)

(VII) The average class size for each public elementary school, middle school or junior high school, and senior high school in the state calculated as the total number of students enrolled in the school divided by the number of full-time teachers in the school;

(VIII) The school's policy concerning bullying prevention and education, including information related to the development and implementation of any bullying prevention programs; and

(IX) The number of acts of sexual violence on school grounds, in a school vehicle, or at a school activity or sanctioned event. Any information provided as a part of this subparagraph (IX) for the safe school reporting requirements must be reported as aggregate data and must not include any personally identifying information. For the purposes of this subparagraph (IX), "sexual violence" means a physical sexual act perpetrated against a person's will or where a person is incapable of giving consent.

(b.5) In addition to the items specified in subsection (2)(b) of this section, each school district board of education or institute charter school board for a charter school authorized by the charter school institute shall annually review and submit data to the department of education concerning the number and types of disciplinary incidents and the disciplinary actions taken in response to such incidents. The department of education shall collect the data described in subsection (2)(b)(IV) of this section at the individual student level and report disaggregated student data on the type of disciplinary incidents and action taken. Such student data must be disaggregated by gender, grade level, race, ethnicity, disability, whether the student has federal section 504 accommodations or an individualized education plan, English language learner status, free and reduced-price lunch status, and homeless status, to the maximum extent possible in compliance with the "Colorado Privacy Act", established pursuant to part 13 of article 1 of title 6, the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g, and the "Student Data Transparency and Security Act", created in article 16 of this title 22. The department of education shall not publicly report individual student data for any purpose, shall include the application of data suppression policies to avoid the re-identification of any individual in any public reports, and shall ensure compliance with standards for reporting data for a student with a federal section 504 accommodation or an individualized education plan.

(c) Internet safety plan. (I) Each school district is encouraged to provide a comprehensive, age-appropriate curriculum that teaches safety in working and interacting on the internet in grades kindergarten through twelve. At a minimum, the curriculum may address the following topics:

(A) Interaction with persons in the cybercommunity;

(B) Personal safety in interacting with persons on the internet;

(C) Recognition and avoidance of online bullying;

(D) Technology, computer virus issues, and ways to avoid computer virus infection;

(E) Predator identification;

(F) Intellectual property, including education concerning plagiarism and techniques to avoid committing plagiarism and laws concerning downloading of copyrighted materials including music;

(G) Privacy and the internet;

(H) Online literacy, including instruction in how to identify credible, factual, trustworthy websites; and

(I) Homeland security issues related to internet use.

(II) Each school district is encouraged to structure the internet safety plan so as to incorporate the internet safety topics into the teaching of the regular classroom curricula, rather than isolating the topics as a separate class. Each school district is encouraged to use available internet safety curricula resources, including but not limited to materials available through nonprofit internet safety foundations that are endorsed by the federal government. Each school district is also encouraged to work with local law enforcement for the jurisdiction in which the school district is located in developing the internet safety curricula, especially with regard to topics that address personal safety on the internet, internet predator identification, privacy issues, and homeland security issues. Each school district is also encouraged to collaborate with parents and teachers in developing the internet safety curricula, including collaborating with district and statewide organizations that represent parents and teachers.

(III) Each school district is encouraged to begin implementing the internet safety plan with the 2005-06 school year and to annually review and, as necessary, revise the plan. Each school district is encouraged to identify a person who is responsible for overseeing implementation of the internet safety plan within each public school of the school district to ensure that each public school complies with the requirements of the plan.

(IV) If a school district chooses to adopt an internet safety plan and to identify a person who is responsible for overseeing implementation of the plan, the person is encouraged to annually submit an internet safety plan implementation report to the school district board of education specifying the level of implementation achieved by each public school of the school district and providing an overview of the internet safety curricula adopted and implemented in each public school of the school district. The school district board of education of each school district that chooses to adopt an internet safety plan is encouraged to submit to the department of education an annual report summarizing the internet safety plan implementation report and is encouraged to make the annual summary report available on the school district website.

(2.5) (a) Safe school plan - child sexual abuse and assault prevention plan. Each school district is encouraged, as part of its safe school plan, to adopt a child sexual abuse and assault prevention plan. Each school district is encouraged to include in the plan delivery of a comprehensive, age-appropriate curricula for kindergarten through twelfth grade regarding child sexual abuse and assault awareness and prevention. The curricula may address, but need not be limited to:

(I) The skills to recognize:

(A) Child sexual abuse and assault;

(B) Boundary violations and unwanted forms of touching and contact; and

(C) Behaviors that an offender uses to groom or desensitize a victim; and

(II) Strategies to:

(A) Promote disclosure;

(B) Reduce self-blame; and

(C) Mobilize bystanders.

(b) Each school district is encouraged to include in the child sexual abuse and assault prevention plan professional development for school personnel and parents in preventing, identifying, and responding to child sexual abuse and assault. Professional development may include providing training in preventing, identifying, and responding to child sexual abuse and assault, including using the child abuse reporting hotline system created pursuant to section 26-5-111, C.R.S., and distributing resources to raise the awareness of school personnel and parents regarding child sexual abuse and assault and preventing child sexual abuse and assault.

(c) A school district is encouraged to use curricula and professional development materials, training, and other resources available from the school safety resource center pursuant to section 24-33.5-1809, C.R.S.

(d) As used in this subsection (2.5), "school personnel" includes teachers, administrators, school resource officers, and other employees of a school district or a public school.

(3) Agreements with state agencies. Each board of education shall cooperate and, to the extent possible, develop written agreements with law enforcement, the juvenile justice system, and social services, as allowed under state and federal law, to keep each school environment safe. Each board of education shall adopt a policy whereby procedures will be used following instances of assault upon, disorderly conduct toward, harassment of, the making knowingly of a false allegation of child abuse against, or any alleged offense under the "Colorado Criminal Code" directed toward a school teacher or school employee or instances of damage occurring on the premises to the personal property of a school teacher or school employee by a student. Such procedures shall include, at a minimum, the following provisions:

(a) Such school teacher or school employee shall file a complaint with the school administration and the board of education.

(b) The school administration shall, after receipt of such report and proof deemed adequate to the school administration, suspend the student for three days, such suspension to be in accordance with the procedures established therefor, and shall initiate procedures for the further suspension or expulsion of the student where injury or property damage has occurred.

(c) The school administration shall report the incident to the district attorney or appropriate local law enforcement, which shall, upon receiving such report, investigate the incident to determine the appropriateness of filing criminal charges or initiating delinquency proceedings.

(4) School response framework - school safety, readiness, and incident management plan. Each board of education shall establish a school response framework that shall consist of policies described in this subsection (4). By satisfying the requirements of this subsection (4), a school or school district shall be in compliance with the national incident management system, referred to in this subsection (4) as "NIMS", developed by the federal emergency management agency. At a minimum, the policies shall require:

(a) (I) Each school district, on or before July 1, 2009, to establish a date by which each school of the school district shall be in compliance with the requirements of this subsection (4); except that the date may be changed by the school board for cause.

(II) Each school district shall make the dates established pursuant to subparagraph (I) of this paragraph (a) available to the public upon request.

(b) Each school district to adopt the national response framework released by the federal department of homeland security and NIMS formally through orders or resolutions;

(c) Each school district to institutionalize the incident command system as taught by the emergency management institute of the federal emergency management agency;

(d) Each school district, on or before July 1, 2009, to start to develop a school safety, readiness, and incident management plan, including, to the extent possible, emergency communications, that coordinates with any statewide or local emergency operation plans. In developing the plan, a school district may collaborate with community partners. The school safety, readiness, and incident management plan shall, at a minimum, identify for each public school in the school district:

(I) Safety teams and backups who are responsible for interacting with community partners and assuming key incident command positions; and

(II) Potential locations for various types of operational locations and support functions or facilities;

(e) To the extent possible, each school district to enter into memoranda of understanding with the community partners specifying responsibilities for responding to incidents;

(f) To the extent possible, each public school to create an all-hazard exercise program based on NIMS and to conduct tabletop exercises and other exercises in collaboration with community partners from multiple disciplines and, if possible, multiple jurisdictions to practice and assess preparedness and communications interoperability with community partners;

(g) To the extent possible, each public school, in collaboration with its school district, to hold coordinated exercises among school employees and community partners, including at a minimum:

(I) Orientation meetings to inform all parties about emergency operation plans and procedures;

(II) All-hazard drills, in addition to fire drills, to improve individual and student emergency procedures and to test communications interoperability; and

(III) Tabletop exercises to discuss and identify roles and responsibilities in different scenarios;

(h) Each public school to conduct a written evaluation following the exercises and certain incidents as identified by the school or school district and identify and address lessons learned and corrective actions in updating response plans and procedures;

(i) Each public school, at least every academic term, to inventory emergency equipment and test communications equipment and its interoperability with affected state and local agencies;

(j) Each school district to adopt written procedures for taking action and communicating with local law enforcement agencies, community emergency services, parents, students, and the media in the event of certain incidents as identified by the school or school district;

(k) Key emergency school personnel, including but not limited to safety teams and backups, to complete courses provided by the federal emergency management agency's emergency management institute or by institutions of higher education in the state system of community and technical colleges;

(l) School district employee safety and incident management training, including provisions stating that completion of any courses identified by the department of public safety pursuant to section 24-33.5-1606.5 (3), C.R.S., as related to NIMS count toward the professional development requirements of a person licensed pursuant to article 60.5 of this title;

(m) Each school district to work with community partners to update and revise all standard operating procedures, ensuring that all aspects of NIMS are incorporated, including but not limited to policies and principles, planning, procedures, training, response, exercises, equipment, evaluation, and corrective actions;

(n) Each school district to coordinate with community partners to assess overall alignment and compliance with NIMS; identify requirements already met; establish a baseline for NIMS compliance; and determine action steps, including developing a plan and timeline, to achieve and maintain all NIMS goals;

(o) Each school district to develop a timeline and strategy for compliance with the requirements of this subsection (4) and to strategically plan, schedule, and conduct all activities with community partners; and

(p) School resource officers to be familiar with the school response framework outlined in this subsection (4), the all-hazard exercise program, and the interoperable communications of the school to which he or she is assigned.

(5) Safety and security policy. Each board of education shall adopt a policy requiring annual school building inspections to address the removal of hazards and vandalism and any other barriers to safety and supervision.

(6) Sharing information. Notwithstanding any provision to the contrary in title 24, each board of education shall establish policies consistent with section 24-72-204 (3) and with applicable provisions of the federal "Family Educational Rights and Privacy Act of 1974" (FERPA), 20 U.S.C. sec. 1232g, and all federal regulations and applicable guidelines adopted thereto, to share and release information directly related to a student and maintained by a public school or by a person acting for the public school in the interest of making schools safer. Sharing of information concerning an out-of-home placement student who is being transferred to a public school must comply with the rules established by the state board pursuant to section 22-2-139 (9).

(7) Open school policy. Each board of education shall adopt an open school policy to allow parents and members of the school district board of education reasonable access to observe classes, activities, and functions at a public school upon reasonable notice to the school administrator's office.

(8) Employee screenings. Each board of education shall adopt a policy of making inquiries upon good cause to the department of education for the purposes of screening licensed employees and nonlicensed employees hired on or after January 1, 1991. Licensed employees employed by school districts on or after January 1, 1991, shall be screened upon good cause to check for any new instances of criminal activity listed in section 22-32-109.9 (1)(a). Nonlicensed employees employed by a school district on or after January 1, 1991, shall be screened upon good cause to check for any new instances of criminal activity listed in section 22-32-109.8 (2)(a).

(9) Immunity. (a) A school district board of education or a teacher or any other person acting in good faith in accordance with the provisions of subsection (2) of this section in carrying out the powers or duties authorized by said subsection shall be immune from criminal prosecution or civil liability for such actions; except that a teacher or any other person acting willfully or wantonly in violation of said subsection shall not be immune from criminal prosecution or civil liability pursuant to said subsection. A teacher or any other person claiming immunity from criminal prosecution under this paragraph (a) may file a motion that shall be heard prior to trial. At the hearing, the teacher or other person claiming immunity shall bear the burden of establishing the right to immunity by a preponderance of the evidence.

(b) A teacher or any other person acting in good faith and in compliance with the conduct and discipline code adopted by the board of education pursuant to paragraph (a) of subsection (2) of this section shall be immune from civil liability; except that a person acting willfully and wantonly shall not be immune from liability pursuant to this paragraph (b). The court shall dismiss any civil action resulting from actions taken by a teacher or any other person pursuant to the conduct and discipline code adopted by the board of education pursuant to paragraph (a) of subsection (2) of this section upon a finding by the court that the person acted in good faith and in compliance with such conduct and discipline code and was therefore immune from civil liability pursuant to paragraph (a) of this subsection (9). The court shall award court costs and reasonable attorney fees to the prevailing party in such a civil action.

(c) If a teacher or any other person does not claim or is not granted immunity from criminal prosecution pursuant to paragraph (a) of this subsection (9) and a criminal action is brought against a teacher or any other person for actions taken pursuant to the conduct and discipline code adopted by the board of education pursuant to paragraph (a) of subsection (2) of this section, it shall be an affirmative defense in the criminal action that the teacher or such other person was acting in good faith and in compliance with the conduct and discipline code and was not acting in a willful or wanton manner in violation of the conduct and discipline code.

(d) An act of a teacher or any other person shall not be considered child abuse pursuant to sections 18-6-401 (1) and 19-1-103 (1), C.R.S., if:

(I) The act was performed in good faith and in compliance with the conduct and discipline code adopted by the board of education pursuant to paragraph (a) of subsection (2) of this section; or

(II) The act was an appropriate expression of affection or emotional support, as determined by the board of education.

(e) A teacher or any other person who acts in good faith and in compliance with the conduct and discipline code adopted by the board of education pursuant to paragraph (a) of subsection (2) of this section shall not have his or her contract nonrenewed or be subject to any disciplinary proceedings, including dismissal, as a result of such lawful actions, nor shall the actions of the teacher or other person be reflected in any written evaluation or other personnel record concerning such teacher or other person. A teacher or any other person aggrieved by an alleged violation of this paragraph (e) may file a civil action in the appropriate district court within two years after the alleged violation.

(10) Compliance with safe school reporting requirements. If the state board determines that a school district or one or more of the public schools in a school district is in willful noncompliance with the provisions of paragraph (b) of subsection (2) of this section, the state's share of the school district's total program, as determined pursuant to article 54 of this title, may be subject to forfeiture until the school district and each school in the district attains compliance with the provisions of paragraph (b) of subsection (2) of this section.

(11) Repealed.
C.R.S. § 22-42-121 — CO Code / Title 22 / Article 42 / Section 22-42-121
22-42-121. Registration of bonds
Status: in_force

22-42-121. Registration of bonds. Whenever any school district issues bonds under the provisions of this article, the board of education may make and enter in its record a request that the county clerk and recorder of the county wherein the headquarters of such school district is situated register the bonds on a collective, not an individual, basis in a book to be kept by him or her for that purpose. When so registered, the legality thereof shall not be open to contest by such district, or any person whomsoever, for any reason whatsoever. A certified copy of the order of the board, so made and entered of record, shall be furnished to such county clerk and recorder by the board of education and thereupon it shall be his or her duty to register said bonds on a collective basis, noting the name of the district and the amount, the date of issuance and maturity, and the rate of interest of said bonds. The county clerk and recorder is not required to make a separate entry in said book or complete or process a registration form for each such bond of such issue, or otherwise register each such bond of such issue on an individual basis. He or she shall receive a fee pursuant to section 30-1-103 (1), C.R.S.
C.R.S. § 22-1-102.5 — CO Code / Title 22 / Article 1 / Section 22-1-102.5
22-1-102.5. Definition of homeless child
Status: in_force

22-1-102.5. Definition of homeless child. (1) The general assembly finds and declares that, because of the growing number of children and families who are homeless in Colorado, there is a need to ensure that all homeless children and youth receive a proper education. It is the intent of the general assembly that no child or youth shall be denied the benefits of a free education in the public schools because the child or youth is homeless.

(2) (a) As used in this article 1, unless the context otherwise requires, "homeless child" means:

(I) A school-aged child or youth, including preschool, who lacks a fixed, regular, and adequate nighttime residence, including but not limited to:

(A) A child or youth who is living in a motel, hotel, or camping ground due to a lack of alternative adequate accommodations;

(B) A child or youth who is living in an emergency or transitional shelter; and

(C) A child or youth who is abandoned in a hospital;

(D) (Deleted by amendment, L. 2018.)

(II) A school-aged child or youth, including preschool, who has a primary nighttime residence that is:

(A) A supervised, publicly or privately operated shelter designed to provide temporary living accommodations, including welfare hotels, congregate shelters, and transitional housing for persons with behavioral or mental health disorders; or

(B) (Deleted by amendment, L. 2018.)

(C) A public or private place not designed for, nor ordinarily used as, a regular sleeping accommodation for human beings, including but not limited to an automobile, a park, an abandoned building, a bus or train station, or a similar setting; or

(III) A child or youth who is sharing the housing of another due to loss of housing, economic hardship, or for similar reasons.

(b) "Homeless child" shall not include any individual imprisoned or otherwise detained pursuant to an act of congress or a state law.

(c) "Homeless child" shall include a migrant school-aged child, including preschool, who meets the requirements of this subsection (2).

(d) "Homeless child" shall include a school-aged child, including preschool, who meets the requirements of this subsection (2) who is not in the physical custody of a parent or legal guardian.
C.R.S. § 22-54-131 — CO Code / Title 22 / Article 54 / Section 22-54-131
22-54-131. Full-day kindergarten funding - guidelines - technical assistance - legislative
Status: repealed

22-54-131. Full-day kindergarten funding - guidelines - technical assistance - legislative intent - legislative declaration. (Repealed)
C.R.S. § 22-33-107 — CO Code / Title 22 / Article 33 / Part 1 / Section 22-33-107
22-33-107. Enforcement of compulsory school attendance - definitions
Status: repealed

22-33-107. Enforcement of compulsory school attendance - definitions. (1) The board of education of each school district shall designate one or more of the employees of the district to act as attendance officer for the district. It is the attendance officer's duty in appropriate cases to counsel with students and parents and investigate the causes of nonattendance and report to the local board of education so as to enforce the provisions of this article which relate to compulsory attendance.

(2) The commissioner of education shall designate an employee of the department of education whose duty it is to assist the individual school districts and to supervise the enforcement of compulsory school attendance for the entire state.

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

(I) Repealed.

(II) "Local community services group" means the local juvenile services planning committee created pursuant to section 19-2.5-302, the local collaborative management group created by a memorandum of understanding entered into pursuant to section 24-1.9-102, or another local group of public agencies that collaborate with the school district to identify and provide support services for students.

(b) The board of education of each school district shall adopt and implement policies and procedures concerning elementary and secondary school attendance, including but not limited to policies and procedures to work with children who are habitually truant. The policies and procedures must include provisions for the development of a plan. The plan must be developed with the goal of assisting the child to remain in school and, when practicable, with the full participation of the child's parent, guardian, or legal custodian. Appropriate school personnel shall make all reasonable efforts to meet with the parent, guardian, or legal custodian of the child to review and evaluate the reasons for the child's truancy. The appropriate school personnel are encouraged to work with the local community services group to develop the plan. The plan must be in compliance with section 22-33-108 (7) and include appropriate sanctions other than placement in a juvenile detention facility for a child who is habitually truant and who has refused to comply with the plan. The policies and procedures may also include but need not be limited to the following:

(I) (Deleted by amendment, L. 96, p. 1808, § 4, effective July 1, 1996.)

(I.5) Procedures to monitor the attendance of each child enrolled in the school district to identify each child who has a significant number of unexcused absences and to work with the local community services group and the child's parent to identify and address the likely issues underlying the child's truancy, including any nonacademic issues;

(II) Annually at the beginning of the school year and upon any enrollment during the school year, notifying the parent of each child enrolled in the public schools in writing of such parent's obligations pursuant to section 22-33-104 (5) and requesting that the parent acknowledge in writing awareness of such obligations;

(III) Annually at the beginning of the school year and upon any enrollment during the school year, obtaining from the parent of each child a telephone number or other means of contacting such parent during the school day; and

(IV) Establishing a system of monitoring individual unexcused absences of children which shall provide that, whenever a child who is enrolled in a public school fails to report to school on a regularly scheduled school day and school personnel have received no indication that the child's parent is aware of the child's absence, school personnel or volunteers under the direction of school personnel shall make a reasonable effort to notify by telephone such parent. Any person who, in good faith, gives or fails to give notice pursuant to this subparagraph (IV) shall be immune from any liability, civil or criminal, which might otherwise be incurred or imposed and shall have the same immunity with respect to any judicial proceeding which results from such notice or failure to give such notice.

(4) On or before September 15, 2022, and on or before September 15 each year thereafter, the board of education of each school district shall report to the department of education the students' individual attendance information, including total days attended, total days excused, total days unexcused, total possible attendance days, and those who are habitually truant, as defined in section 22-33-102 (3.5), for the preceding academic year. The department shall post the aggregated information for each school district on its website for the public to access and may post additional information reported by school districts related to truancy.

(5) The department of education may post on its website information concerning effective, research-based, truancy- and dropout-prevention programs for the benefit of school districts.
C.R.S. § 22-30.5-513 — CO Code / Title 22 / Article 30.5 / Part 5 / Section 22-30.5-513
22-30.5-513. Institute charter schools - funding - at-risk supplemental aid - legislative dec
Status: repealed

22-30.5-513. Institute charter schools - funding - at-risk supplemental aid - legislative declaration - definitions. (1) As used in this section, unless the context otherwise requires:

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

(b) (I) "Accounting district's adjusted per pupil revenues" means the greater of:

(A) The accounting district's per pupil funding plus the accounting district's at-risk per pupil funding plus the accounting district's English language learner per pupil funding; or

(B) Minimum per pupil funding as calculated pursuant to section 22-54-104 (3.5)(d).

(II) Notwithstanding any provision of subparagraph (I) of this paragraph (b) to the contrary, in a budget year in which an accounting district receives minimum per pupil funding as calculated pursuant to section 22-54-104 (3.5)(d), "accounting district's adjusted per pupil revenues" means minimum per pupil funding as calculated pursuant to section 22-54-104 (3.5)(d).

(c) "Accounting district's at-risk funding" means the amount of funding for at-risk pupils in the accounting district determined in accordance with the applicable at-risk funding formula described pursuant to article 54 of this title 22.

(d) "Accounting district's at-risk per pupil funding" means the amount of funding determined in accordance with the following formula:

(The accounting district's at-risk funding divided by the accounting district's funded pupil count) x (the institute charter school's percentage of at-risk pupils divided by the accounting district's percentage of at-risk pupils).

(d.2) "Accounting district's English language learner funding" means the amount of funding for English language learner pupils in the accounting district determined in accordance with the applicable English language learner funding formula described pursuant to article 54 of this title 22.

(d.4) "Accounting district's English language learner per pupil funding" means the amount of funding determined in accordance with the following formula:

(The accounting district's English language learner funding divided by the accounting district's funded pupil count) x (the institute charter school's percentage of English language learner pupils divided by the accounting district's percentage of English language learner pupils).

(e) "Accounting district's funded pupil count" means the funded pupil count determined pursuant to article 54 of this title 22.

(f) "Accounting district's per pupil funding" means the per pupil funding calculated for the accounting district pursuant to the formula described in section 22-54-104 (3).

(g) "Accounting district's per pupil online funding" means the online funding formula described pursuant to article 54 of this title 22 for any budget year divided by the online pupil enrollment.

(h) "Administrative overhead costs" means all actual and reasonable costs incurred by the institute as a result of its performance of its obligations pursuant to this part 5. "Administrative overhead costs" shall not include any costs incurred in order to deliver services that an institute charter school may purchase at its discretion.

(i) "At-risk pupils" shall have the same meaning as provided in section 22-54-103 (1.5).

(i.5) "English language learner pupils" has the same meaning as provided in section 22-54-103 (6.5).

(j) "Online pupil enrollment" means:

(I) Repealed.

(II) For the 2008-09 budget year, and for budget years thereafter, 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 by the institute charter school.

(k) "Pupil enrollment" shall have the same meaning as provided in section 22-54-103 (10).

(l) "Qualified charter school" shall have the same meaning as provided in section 22-54-124 (1)(f.6).

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

(b) For budget year 2004-05 and budget years thereafter, each institute charter school and the institute shall negotiate funding under the charter contract at a minimum of ninety-five percent of the institute charter school's accounting district's adjusted per pupil revenues for each pupil enrolled in the institute charter school who is not an online pupil and ninety-five percent of the institute charter school's accounting district's per pupil online funding for each online pupil enrolled in the institute charter school. The institute may retain three percent of the accounting district's adjusted per pupil revenues for each pupil, who is not an online pupil, enrolled in the institute charter school and three percent of the accounting district's per pupil online funding for each online pupil enrolled in the institute charter school.

(b.5) For purposes of calculating an institute charter school's funding pursuant to this subsection (2):

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

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

(c) Each institute charter school shall pay an amount equal to the per pupil cost incurred by the institute in providing federally required educational services, multiplied by the number of students enrolled in the institute charter school. At either party's request, the institute charter school and the institute may negotiate and include in the charter contract alternate arrangements for the provision of and payment for federally required educational services, including, but not necessarily limited to, a reasonable reserve not to exceed five percent of the institute's total budget for providing federally required educational services. The reserve shall only be used by the institute to offset excess costs of providing services to students with disabilities enrolled in any institute charter school.

(d) (I) Within ninety days after the end of each fiscal year, the institute shall provide to each institute charter school an itemized accounting of all the institute's administrative overhead costs.

(II) Within ninety days after the end of each fiscal year, the institute shall provide to each institute charter school an itemized accounting of all the actual costs of any additional services the institute charter school chose at its discretion to purchase as provided in paragraph (b) of subsection (4) of this section. Any difference between the amount initially charged to the institute charter school and the actual cost shall be reconciled and paid to the owed party.

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

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

(3) (a) On or before November 10 of each year, the institute shall certify to the state board each institute charter school's pupil enrollment and online pupil enrollment for that year. In certifying the pupil enrollment of each institute charter school to the state board, the institute shall specify the number of pupils enrolled in half-day kindergarten; the number of pupils enrolled in full-day kindergarten; the number of pupils enrolled in first grade through twelfth grade, specifying those who are enrolled as full-time students and those who are enrolled as less than full-time students; the number of expelled pupils receiving educational services pursuant to section 22-33-203; the number of pupils receiving educational programs under the "Exceptional Children's Educational Act", article 20 of this title; and the number of at-risk pupils. The institute shall also notify the department as to whether each institute charter school is a qualified charter school.

(b) For purposes of the "Public School Finance Act of 2025", article 54 of this title 22, the department shall add the pupils enrolled in an institute charter school to the funded pupil count and the online pupil enrollment of the institute charter school's accounting district.

(4) (a) (I) For each institute charter school, the department shall withhold from the state equalization payments of the institute charter school's accounting district an amount equal to one hundred percent of the accounting district's adjusted per pupil revenues multiplied by the number of pupils enrolled in the institute charter school who are not online pupils plus an amount equal to one hundred percent of the accounting district's per pupil online funding multiplied by the number of online pupils enrolled in the institute charter school. The department shall forward to the institute the amount withheld minus an amount not to exceed one percent of the amount withheld that the department may retain as reimbursement for the reasonable and necessary costs to the department to implement the provisions of this part 5.

(I.5) The institute shall forward to each institute charter school an amount equal to the institute charter school's pupil enrollment multiplied by the accounting district's adjusted per pupil revenues of the institute charter school's accounting district, minus:

(A) The amount withheld not to exceed one percent retained by the department pursuant to subparagraph (I) of this paragraph (a);

(B) Repealed.

(C) Any amount agreed to by the institute and the institute charter school for repayment of a loan to the institute charter school from the institute charter school assistance fund created in section 22-30.5-515.5;

(D) Any amount withheld pursuant to section 22-30.5-406 for the direct payments made by the state treasurer of principal and interest due on bonds issued on behalf of the institute charter school by a governmental entity for the purpose of financing institute charter school capital construction;

(E) An amount equal to three percent of the amount calculated for the institute charter school pursuant to subparagraph (I) of this paragraph (a), which amount shall be credited to the account created pursuant to section 22-30.5-506 (4) and used to offset administrative overhead costs; and

(F) The amount agreed to in the institute charter contract for any additional services, as provided in paragraph (b) of this subsection (4).

(II) Repealed.

(b) As part of the institute charter school contract, the institute charter school and the institute board shall agree on the services, other than necessary administration, oversight, and management services, to be provided to the institute charter school by any third party with which the institute or institute charter school contracts and the costs of the services.

(c) For budget years 2004-05 through 2010-11, the amount of funding specified in paragraph (a) of this subsection (4) shall reflect the one-percent increase in the statewide base per pupil funding for state fiscal years 2001-02 through 2010-11 received by school districts as required by section 17 of article IX of the state constitution.

(d) Repealed.

(4.5) (a) For the 2012-13 budget year and each budget year thereafter, the general assembly shall appropriate to the charter school institute the amount calculated for at-risk supplemental aid pursuant to paragraph (b) of this subsection (4.5) for each institute charter school whose percentage of at-risk pupils is less than the percentage of at-risk pupils in the accounting district. At-risk supplemental aid is additional funding and does not supplant any other funding allocated pursuant to this section. The charter school institute shall pass through one hundred percent of an institute charter school's at-risk supplemental aid to the institute charter school.

(b) The institute charter school's at-risk supplemental aid is equal to one-half of the difference between one hundred percent of the accounting district's per pupil revenues and one hundred percent of the accounting district's adjusted per pupil revenues for each pupil enrolled in the district charter school, not including online pupils or pupils enrolled in the ASCENT or TREP program.

(c) For purposes of this subsection (4.5), unless the context otherwise requires, "accounting district's per pupil revenues" has the same meaning as the term "district per pupil revenues" defined in section 22-30.5-112.

(d) If the appropriation to the charter school institute is insufficient to fund one hundred percent of the at-risk supplemental aid calculated pursuant to this subsection (4.5), the charter school institute shall reduce each institute charter school's at-risk supplemental aid proportionately.

(5) (Deleted by amendment, L. 2009, (SB 09-089), ch. 440, p. 2435, § 4, effective June 4, 2009.)

(5.5) (a) Notwithstanding any provision of this section to the contrary, if a district charter school converts to an institute charter school pursuant to section 22-30.5-510, the converted school's per pupil revenues or adjusted per pupil revenues, whichever is applicable, and at-risk supplemental aid continue to be calculated pursuant to section 22-30.5-112 or 22-30.5-112.1, whichever is applicable, and section 22-30.5-112.2, as the funding applied to the converted school before the conversion; except that this subsection (5.5) does not apply if the converted school was authorized by a small rural school district, as described in section 22-54-108 (3)(b)(IV), before the conversion.

(b) Repealed.

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

(b) Moneys received by an institute charter school from any source and remaining in the institute charter school's accounts at the end of a budget year shall remain in the institute charter school's accounts for use by the institute charter school during subsequent budget years and shall not revert to the state. Moneys remaining in the institute charter school's accounts upon revocation or nonrenewal of the charter contract shall revert to the institute; except that any gifts shall be disposed of in accordance with any conditions prescribed by the donor that are not contrary to law.

(7) and (8) Repealed.

(9) (a) For the 2004-05 budget year, and for each budget year thereafter, the proportionate share of moneys generated under federal or state categorical aid programs shall be directed to institute charter schools serving students eligible for such aid.

(b) Each institute charter school that receives federal or state categorical aid shall comply with all applicable federal and state reporting requirements to receive such aid.

(10) (a) On or before December 1, 2009, and on or before December 1 each year thereafter, a representative from the governing board of each institute charter school and the institute board shall meet to review the level of funding received by the institute as a result of the moneys withheld by the institute for the amount of actual costs incurred by the institute in providing necessary administration, oversight, and management services to the institute charter schools. The institute charter school representatives and the institute board shall, at a minimum, review, for each budget year beginning with the 2004-05 budget year, the amount of moneys annually appropriated to the institute, the amount of costs incurred by the institute, and the services provided by the institute.

(b) Notwithstanding section 24-1-136 (11)(a)(I), on or before January 15, 2010, and on or before January 15 each year thereafter, the institute board shall submit to the education committees of the senate and the house of representatives, or any successor committees, the findings of the review described in subsection (10)(a) of this section and any recommendations for legislative changes regarding the operations of the institute.

(c) The provisions of this subsection (10) shall not be interpreted as limiting the authority of the institute or the institute board in making decisions concerning operations of the institute or the use of institute moneys.

(11) (a) For the 2022-23 budget year, the general assembly shall appropriate three hundred seventy-five thousand dollars from the general fund to the institute to distribute to eligible institute charter schools.

(b) As used in this subsection (11), "eligible institute charter school" means an institute charter school, at least fifty percent of the student population of which receives special education services through the administrative unit of the institute.
C.R.S. § 22-30.5-501 — CO Code / Title 22 / Article 30.5 / Part 5 / Section 22-30.5-501
22-30.5-501. Legislative declaration
Status: in_force

22-30.5-501. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that:

(a) There is a growing demand for more charter schools in the state;

(b) There is an underserved population of at-risk students in the state, for whom innovative educational models are needed.

(2) The intent of the general assembly in establishing the state charter school institute pursuant to this part 5 is to:

(a) Provide an alternative mode of authorizing charter schools as a means to assist school districts in utilizing best practices for chartering schools and to approve and oversee charter schools in school districts not desiring to do so themselves; and

(b) Preserve the authority of a school district to authorize charter schools, at the school district's option.
C.R.S. § 22-30.5-520 — CO Code / Title 22 / Article 30.5 / Part 5 / Section 22-30.5-520
22-30.5-520. Parent engagement - policy - communications - incentives
Status: in_force

22-30.5-520. Parent engagement - policy - communications - incentives. (1) (a) The state charter school institute board shall adopt a policy for increasing and supporting parent engagement in institute charter schools. In adopting the policy, the institute board may take into account, but need not be limited to, the best practices and strategies identified pursuant to section 22-7-304 by the Colorado state advisory council for parent involvement in education and the national standards for family-school partnerships, as defined in section 22-7-302 (5).

(b) As part of the institute's parent engagement policy, the institute is encouraged to provide training concerning best practices and skills for institute and school personnel in working with parents.

(c) The institute shall identify an employee to act as the point of contact for parent engagement training and resources. The identified person shall also serve as the liaison between the institute, the Colorado state advisory council for parent involvement in education, and the department of education and shall facilitate the institute's efforts to increase parent involvement within institute charter schools. The institute shall submit to the department the name of the identified employee.

(2) (a) If the state board of education, pursuant to section 22-11-210, determines that an institute charter school is required to adopt and implement a school priority improvement plan as described in section 22-11-405 or a school turnaround plan as described in section 22-11-406, the institute charter school, within thirty days after receiving the initial notice of the determination or, if the determination is appealed, the final notice of the determination, shall notify the parents of the students enrolled in the school of the required plan and the issues identified by the department of education as giving rise to the need for the required plan. The notice shall also include the timeline for developing and adopting the required plan and the dates, times, and locations of the public meeting described in paragraph (b) of this subsection (2) and the public hearing described in paragraph (c) of this subsection (2).

(b) The school accountability committee shall hold a public meeting to solicit input from parents concerning the contents of the required plan before the plan is written. At the school accountability committee's public meeting, the school principal shall review the institute charter school's progress in implementing its plan for the preceding year and in improving its performance.

(c) The institute charter school shall hold a public hearing after the plan is written to review the required plan before final adoption. The institute charter school shall hold the public hearing within the geographic boundaries of the school district in which the institute charter school is located. The date of the public hearing must be at least thirty days after the date on which the institute charter school provides the written notice. A member of the school accountability committee is encouraged to attend the public hearing.

(d) The institute shall ensure that the institute charter school complies with the requirements of this subsection (2).

(3) The institute board may solicit, accept, and expend public or private gifts, grants, or donations to implement all or a portion of the parent involvement programs implemented under a policy adopted pursuant to this section.
C.R.S. § 22-1-115 — CO Code / Title 22 / Article 1 / Section 22-1-115
22-1-115. School census - school age
Status: in_force

22-1-115. School census - school age. A school census is a census embracing all persons between the ages of five and twenty-one years. School age is any age over five and under twenty-one years; but any child attaining school age during the school year may be admitted to school subject to the requirements for admission fixed by the school board of the district in which he or she applies for enrollment.
C.R.S. § 22-7-603.5 — CO Code / Title 22 / Article 7 / Part 6 / Section 22-7-603.5
22-7-603.5. Legislative declaration - measurement of value added to academic progress
Status: repealed

22-7-603.5. Legislative declaration - measurement of value added to academic progress. (Repealed)
C.R.S. § 22-43.7-109 — CO Code / Title 22 / Article 43.7 / Part 1 / Section 22-43.7-109
22-43.7-109. Financial assistance for public school capital construction - application requir
Status: repealed

22-43.7-109. Financial assistance for public school capital construction - application requirements - evaluation criteria - local match requirements - technology grants - career and technical education capital construction grants - rules - definitions - repeal. (1) For fiscal years commencing on or after July 1, 2008, the board, with the support of the division and subject to the approval of the state board and, in the case of financial assistance that involves financed purchase of an asset or certificate of participation agreements, subject to both the preliminary approval of the state board and the final approval of the capital development committee, regarding financial assistance awards as specified in this section, shall provide financial assistance as specified in this section subject to the following limitations:

(a) The board may only provide financial assistance for a capital construction project for a public school facility that the applicant owns or will have the right to own in the future under the terms of a financed purchase of an asset or certificate of participation agreement with the owner of the facility or a sub-financed purchase of an asset or certificate of participation agreement with the state entered into pursuant to section 22-43.7-110 (2).

(b) The board may only provide financial assistance for a capital construction project for a public school in existence for at least three years at any time before the board receives an application for financial assistance.

(1.5) (a) Notwithstanding any provision of this article to the contrary, for fiscal years commencing on or after July 1, 2016, and subject to rules adopted by the board pursuant to paragraph (b) of this subsection (1.5), the board, with the support of the division and subject to the approval of the state board and the lessor of the property, may provide financial assistance as specified in this section to an applicant that is operating or will operate in the next budget year in a leased facility that is:

(I) Listed on the state inventory of real property and improvements and other capital assets maintained by the office of the state architect pursuant to section 24-30-1303.5, C.R.S.; or

(II) State-owned property leased by the state board of land commissioners, described in section 36-1-101.5, C.R.S., to the applicant.

(b) The board shall promulgate rules relating to the award of financial assistance pursuant to this subsection (1.5).

(c) It is the intent of the general assembly that an award of financial assistance pursuant to this subsection (1.5) must be used to preserve or enhance the value of state-owned, leased property.

(2) (a) Except as otherwise provided in subparagraph (II) of paragraph (b) of this subsection (2), the board shall establish an annual financial assistance timeline for use by applicants in applying for financial assistance and otherwise meeting financial assistance requirements and for use by the board in reviewing financial assistance applications and recommending financial assistance awards to the state board. The timeline shall specify:

(I) A deadline for applicants to submit financial assistance applications to the board that allows sufficient time for submission of such applications;

(II) The period in which the board, with the support of the division, will review financial assistance applications;

(III) A deadline, no later than June 7, 2013, and no later than June 1 of each year thereafter, for the board to submit to the state board the prioritized list of projects for which the board recommends the provision of financial assistance as required by subsection (7) of this section; and

(IV) Any additional deadlines or deadline extension periods needed to ensure that applicants seeking voter approval to obtain matching moneys required pursuant to subsection (9) of this section have sufficient opportunity to obtain such voter approval or otherwise needed to ensure the efficient and effective administration of this article.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (2):

(I) The board:

(A) After receiving an application for emergency financial assistance made pursuant to subsection (8) of this section, may provide emergency financial assistance to an applicant at any time; and

(B) May establish a timeline for the 2008-09 fiscal year or the 2008-09 and 2009-10 fiscal years only that takes into account any incomplete status of the priority assessment required by section 22-43.7-108, allows awards of financial assistance to be made based on consideration of so much of the assessment as has been completed, and differs from subsequent annual timelines.

(II) In order to ensure efficient submission and review of financial assistance applications and allow the board to provide financial assistance as soon as is feasible, on and after May 22, 2008, but before the appointment of the board, the state board, or such personnel of the department as the state board may designate, may establish interim financial assistance application deadlines and applications for use by applicants in applying for financial assistance for the 2008-09 fiscal year only. The state board may also designate department personnel to preliminarily review financial assistance applications until such time as the board and the director of the division have been appointed.

(3) A charter school that chooses to apply for financial assistance must apply directly to the board. A charter school shall notify its authorizer if the charter school applies for financial assistance. The authorizer for an applying charter school may submit a letter to the board stating its position on the application. The Colorado school for the deaf and blind shall also apply for financial assistance directly. Financial assistance awarded to a charter school as a matching cash grant shall be provided to the authorizer, which shall distribute all financial assistance received as a grant to the charter school and may not retain any portion of such money for any purpose. All other financial assistance shall be provided in the form of payments made by the board directly to a lessor or trustee as required by the terms of the applicable financed purchase of an asset or certificate of participation agreement.

(4) Applications for financial assistance submitted to the board must be in a form prescribed by the board and must include:

(a) A description of the scope and nature of the public school facility capital construction project for which financial assistance is sought;

(b) A description of the architectural, functional, and construction standards that are to be applied to the capital construction project that indicates whether the standards are consistent with the public school facility construction guidelines established by the board pursuant to section 22-43.7-107 and provides an explanation for the use of any standard that is not consistent with the guidelines;

(c) The estimated amount of financial assistance needed for the capital construction project and the form and amount of matching moneys that the applicant will provide for the project;

(d) (I) If the capital construction project involves the construction of a new public school facility or a major renovation of an existing public school facility, a demonstration of the ability and willingness of the applicant to maintain the project over time that includes, at a minimum, the establishment of a capital renewal budget and a commitment to make annual contributions to a capital renewal reserve within a school district's capital reserve fund or any functionally similar reserve fund separately maintained by an applicant that is not a school district.

(II) As used in this paragraph (d), "capital renewal reserve" means moneys set aside by an applicant for the specific purpose of replacing major public school facility systems with projected life cycles such as roofs, interior finishes, electrical systems and heating, ventilating, and air conditioning systems.

(e) If the application is for financial assistance for the renovation, reconstruction, expansion, or replacement of an existing public school facility, a description of the condition of the public school facility at the time the applicant purchased or completed the construction of the public school facility and, if the public school facility was not new or was not adequate at that time, the rationale of the applicant for purchasing the public school facility or constructing it in the manner in which it did;

(e.5) If the application is for financial assistance for state fiscal year 2019-20 or for any subsequent state fiscal year and is for either the construction of a new public school facility that will replace one or more existing public school facilities or the reconstruction or expansion of an existing public school facility and if the applicant will stop using an existing public school facility for its current use if it receives the grant, the applicant's plan for the future use or disposition of the existing public school facility and the estimated cost of implementing the plan.

(f) A statement regarding the means by which the applicant intends to provide matching money required for the projects, including but not limited to means such as voter-approved multiple-fiscal year debt or other financial obligations; utility cost savings associated with any utility costs-savings contract, as defined in section 24-30-2001 (6); gifts, grants, donations, a loan obtained pursuant to section 22-43.7-110.5, or any other means of financing permitted by law; or the intent of the applicant to seek a waiver of the matching money requirement pursuant to subsection (10) of this section. If an applicant that is a school district or a board of cooperative services with a participating school district intends to raise matching money by obtaining voter approval to enter into a sub-financed purchase of an asset or certificate of participation agreement that constitutes an indebtedness of the district as authorized by section 22-32-127, it shall indicate whether it has received the required voter approval or, if the election has not already been held, the anticipated date of the election.

(g) A description of any efforts by the applicant to coordinate capital construction projects with local governmental entities or community-based or other organizations that provide facilities or services that benefit the community in order to more efficiently or effectively provide such facilities or services, including but not limited to a description of any financial commitment received from any such entity or organization that will allow better leveraging of any financial assistance awarded;

(g.5) If deemed relevant by the applicant, a statement of the applicant's annualized utility costs, including electricity, natural gas, propane, water, sewer, waste removal, telecommunications, internet, or other monthly billed utility services, and the amount of any reduction in such costs expected to result if the applicant receives financial assistance; and

(h) Any other information that the board may require for the evaluation of the project.

(5) The board, taking into consideration the financial assistance priority assessment conducted pursuant to section 22-43.7-108, shall prioritize applications that describe public school facility capital construction projects deemed eligible for financial assistance based on the following criteria, in descending order of importance:

(a) (I) (A) Projects that will address safety hazards or health concerns at existing public school facilities, including concerns relating to public school facility security, and projects that are designed to incorporate technology into the educational environment.

(B) As used in this subsection (5)(a)(I), "technology" means hardware, devices, or equipment necessary for individual student learning and classroom instruction, including access to electronic instructional materials, or necessary for professional use by a classroom teacher.

(II) In prioritizing an application for a public school facility renovation project that will address safety hazards or health concerns, the board shall consider the condition of the entire public school facility for which the project is proposed and determine whether it would be more fiscally prudent to replace the entire facility than to provide financial assistance for the renovation project.

(b) Projects that will relieve overcrowding in public school facilities, including but not limited to projects that will allow students to move from temporary instructional facilities into permanent facilities;

(b.5) Projects that will provide career and technical education capital construction in public school facilities; and

(c) Repealed.

(c.3) Projects that assist public schools to replace prohibited American Indian mascots as required by section 22-1-133 (2).

(d) All other projects.

(6) The board may request that the division undertake a preliminary review of any or all applications for financial assistance, and the board may also request that any department, agency, or institution of state government with expertise or experience in construction management provide assistance to the board with regard to the evaluation of such applications for financial assistance.

(7) (a) Pursuant to the timelines established pursuant to subsection (2) of this section for any fiscal year for which financial assistance is to be awarded, and after prioritizing public school facility capital construction projects as specified in subsection (5) of this section, the board shall submit to the state board a prioritized list of projects for which the board recommends the provision of financial assistance. The prioritized list must include the board's recommendation as to the amount and type of financial assistance to be provided and a statement of the source and amount of applicant matching money for each recommended project based upon information provided by the applicant. The board may recommend that any specific project only receive financial assistance if another higher priority project or group of projects becomes ineligible for financial assistance due to the inability of an applicant to raise required matching money by a deadline prescribed by the board as a condition of a financial assistance award for the higher priority project or group of projects. If an applicant is approved for an award of financial assistance as an alternate award recipient and the applicant successfully raises required matching money through voter-approval of a ballot question for contracting bonded indebtedness but does not actually receive financial assistance because all primary award recipients or higher priority alternate award recipients also successfully raised required matching money, the alternate award recipient may resubmit its application for financial assistance as previously approved during the next application cycle. If the board, in consultation with the state treasurer, determines that the combination of matching money raised by the alternate award recipient, plus either unspent proceeds from completed financed purchase of an asset or certificate of participation agreements or money to be raised through entry into an additional financed purchase of an asset or certificate of participation agreement that the state has the capacity to execute, or both, are sufficient to fund the applicant's project, the board may award financial assistance to the applicant and, if necessary, order the state treasurer to enter into a financed purchase of an asset or certificate of participation agreement on behalf of the state. The state board shall review and make decisions regarding the prioritized list no later than June 20 of each year and may approve, disapprove, or modify the provision of financial assistance for any project recommended by the board if the state board concludes that the board misinterpreted the results of the prioritization assessment conducted pursuant to section 22-43.7-108 or misapplied the prioritization criteria specified in subsection (5) of this section. The state board shall specifically explain in writing its reasons for finding that the board misinterpreted the results of the priority assessment or misapplied the prioritization criteria when disapproving or modifying any financial assistance award recommended by the board.

(b) No later than June 25 of each year, the state board shall submit to the capital development committee a revised prioritized list that includes only those projects for which the state board is recommending awards of financial assistance that involve financed purchase of an asset or certificate of participation agreements. The state board shall submit with the list the information regarding the details of the financing of the listed projects that the board submitted to the state board as required by subsection (7)(a) of this section. No later than July 15 of each year, the capital development committee may approve the list or may disapprove the list if the committee concludes that the inclusion of one or more of the projects on the list will unreasonably increase the cost of providing financial assistance that involves financed purchase of an asset or certificate of participation agreements for all of the projects on the list. If the capital development committee does not approve or disapprove the list by July 15, it is deemed to have approved the list as submitted.

(c) If the capital development committee disapproves the revised prioritized list, it shall provide its reasons for doing so in writing to the board no later than July 20. No later than August 1, the board may resubmit the list with modifications or additional information, or both, that address the committee's concerns. No later than August 15, the capital development committee may approve the entire resubmitted list or may disapprove one or more projects on the resubmitted list if the committee again concludes that the inclusion of the project or projects will unreasonably increase the cost of providing financial assistance that involves financed purchase of an asset or certificate of participation agreements for all of the projects on the list. If the capital development committee disapproves a project on the resubmitted list, the project shall not receive financial assistance that involves financed purchase of an asset or certificate of participation agreements, and the remaining projects on the resubmitted list shall receive such financial assistance as recommended by the state board. If the capital development committee does not approve or disapprove the resubmitted list by August 15, it is deemed to have approved the list as resubmitted.

(8) (a) Notwithstanding any other provision of this section, in the event of a public school facility emergency, an entity that may be an applicant and that is operating in the affected public school facility may submit an application to the board for emergency financial assistance to address the emergency. The application shall disclose any insurance proceeds, cash reserves, or capital construction reserves available to pay the costs of addressing the emergency, and insurance proceeds that become available only after an applicant has received emergency financial assistance shall be used first to reimburse the assistance fund for the emergency financial assistance. The board shall meet within fifteen days of receiving the application to determine whether to recommend to the state board that emergency financial assistance be provided, the amount of any assistance recommended to be provided, and any recommended conditions that the applicant must meet to receive the assistance. The state board shall meet within five days of receiving the board's recommendations to determine whether to authorize the board to award emergency financial assistance as recommended by the board, modify the recommended award of assistance, or prohibit the board from awarding assistance. The board may use any unencumbered and unexpended moneys in the assistance fund, including the emergency reserve of the assistance fund, to provide emergency financial assistance. The board may use up to ten percent of the moneys in the assistance fund that have been transferred to the fund pursuant to section 22-43.7-104 (2)(d) during the applicable fiscal year to prioritize financial assistance to applicants pursuant to paragraph (c) of this subsection (8).

(b) As used in this subsection (8), "public school facility emergency" means an unanticipated event that makes all or a significant portion of a public school facility unusable for educational purposes or threatens the health or safety of persons using the public school facility.

(c) An entity that may be an applicant, that is operating a public school facility that is located in an area of the state in which the governor declared a disaster emergency pursuant to section 24-33.5-704 (4), C.R.S., and that experienced a public school facility emergency as a result of the disaster emergency may apply to the board for emergency financial assistance to address the emergency pursuant to this subsection (8). In determining whether to recommend to the state board that emergency financial assistance be provided, the amount of any assistance recommended to be provided, and any recommended conditions that the applicant must meet to receive assistance, the board shall consider the findings that the division provided to the board pursuant to section 22-43.7-105 (3). Based on the criteria specified in paragraph (b) of subsection (10) of this section, the board may waive or reduce the matching moneys requirement specified in subsection (9) of this section for any recipient of emergency financial assistance pursuant to this paragraph (c).

(9) Except as otherwise provided in subsections (10) and (15) of this section, the board may recommend and the state board may approve financial assistance that does not involve a financed purchase of an asset or certificate of participation agreement for or recommend to the capital development committee the approval of financial assistance that involves a financed purchase of an asset or certificate of participation agreement for a public school facility capital construction project only if the applicant provides matching money in an amount equal to a percentage of the total financing for the project determined by the board after consideration of the applicant's financial capacity, as determined by the following factors:

(a) With respect to a school district's application for financial assistance:

(I) The school district's assessed value per pupil relative to the state average;

(II) The school district's median household income relative to the state average;

(III) The total dollar amount of all school district mills, per capita, relative to the statewide average;

(IV) The percentage of pupils enrolled in the school district who are eligible for free or reduced-cost lunch;

(V) The school district's current available bond capacity remaining; and

(VI) Repealed.

(VII) The amount of effort put forth by the school district to obtain voter approval for a ballot question for bonded indebtedness, including but not limited to a ballot question for entry by the district into a sub-financed purchase of an asset or certificate of participation agreement of the type that constitutes an indebtedness of the district pursuant to section 22-32-127, during the ten years preceding the year in which the district submitted the application, which factor may be used only to reduce the percentage of matching money required from a district that has put forth such effort and not to increase the amount of matching money required from any district;

(b) With respect to a board of cooperative services' application for financial assistance:

(I) The average assessed value per pupil of all members of the board of cooperative services participating in the capital construction project relative to the state average;

(II) The average median household income of all members of the board of cooperative services participating in the capital construction project relative to the state average;

(III) The average total dollar amount of all school district mills, per capita, of all members of the board of cooperative services participating in the capital construction project relative to the statewide average;

(IV) The percentage of pupils enrolled in the member schools within the board of cooperative services that are participating in the capital construction project who are eligible for free or reduced-cost lunch;

(V) The average available bond capacity remaining of all members of the board of cooperative services participating in the capital construction project; and

(VI) Repealed.

(VII) The amount of effort put forth by the members of the board of cooperative services to obtain voter approval for a ballot question for bonded indebtedness, including but not limited to a ballot question for entry by any member into a sub-financed purchase of an asset or certificate of participation agreement of the type that constitutes an indebtedness of the member pursuant to section 22-32-127, during the ten years preceding the year in which the board of cooperative services submitted the application. This factor may be used only to reduce the percentage of matching money required from a board of cooperative services if one or more of its members have put forth such effort and may not be used to increase the amount of matching money required from any board of cooperative services.

(c) (I) With respect to a charter school's application for financial assistance, and subject to adjustment pursuant to subsections (9)(c)(II) to (9)(c)(V) of this section:

(A) For a district charter school that is occupying a district facility and paying only the direct costs of occupancy for its facility pursuant to section 22-30.5-104 (7)(c), the match percentage of the district charter school's authorizing district;

(B) For district charter schools that are not included in subsection (9)(c)(I)(A) of this section, seventy-five percent of the match percentage of the district charter school's authorizing school district; or

(C) Fifty percent of the average match percentages for all school districts in the state for an institute charter school;

(II) Whether a district charter school's authorizer retains no more than ten percent of its capacity to issue bonds pursuant to article 42 of this title;

(III) In the ten years preceding the year in which the charter school submits the application, the number of times the charter school has sought or been afforded:

(A) Grant funding for capital needs from a source other than the assistance fund; and

(B) Funding, including financing, for capital construction, other than state aid pursuant to section 22-54-124 from any other source;

(IV) If the charter school is a district charter school, the student enrollment of the district charter school as a percentage of the student enrollment of the charter school's authorizing school district; and

(V) The percentage of students enrolled in the charter school who are eligible for the federal free and reduced-cost lunch program in relation to the overall percentage of students enrolled in the public schools in the state who are eligible for the federal free and reduced-cost lunch program.

(9.5) (a) For the 2023-24 state fiscal year, the board shall allocate forty-nine million seven hundred five thousand two hundred twenty dollars of the annual appropriation for public school capital construction assistance board cash grants for the purpose of funding supplemental grants related solely to cost overruns in projects approved pursuant to this part 1 that are caused by COVID-19 pandemic-related inflationary pressures and supply chain disruptions. This funding is available for supplemental grants that are requested through the regular 2023-24 grant cycle. Any money remaining for supplemental grants after awards for supplemental grants are made during the regular grant cycle shall be available for a second 2023-24 supplemental grant cycle described in subsection (9.5)(b) of this section. Notwithstanding other deadlines in this section to the contrary, the second grant cycle must provide for additional requests following the timelines and requirements established by the board and subject to subsections (9.5)(b) and (9.5)(c) of this section. Any money remaining after the supplemental grants are awarded in the second 2023-24 grant cycle must be awarded to fund new projects under this part 1 that were not awarded funding in the initial grant round conducted pursuant to subsection (7)(a) of this section.

(b) Entities that were awarded capital construction assistance grants for fiscal year 2020-21 or fiscal year 2021-22 that have not been able to complete their projects as planned due to inflation and for whom inflationary needs were not adequately addressed through supplemental grants awarded in the fiscal year 2022-23 award cycle are eligible to apply through June 15, 2023, for funding through the second 2023-24 fiscal year grant cycle. The board shall determine the requirements of the supplemental grant process for supplemental projects and determine awards no later than August 17, 2023. Supplemental grant requests must be submitted on an application provided by the division. Supplemental grants must be awarded as necessary to preserve the integrity of the project goals as initially approved by the board and the state board without expansion of initial project scope.

(c) Notwithstanding subsection (7)(a) of this section or any other provision of this part 1 to the contrary, the board has the sole power to award supplemental grants pursuant to this subsection (9.5) and is not required to obtain the approval of the state board or any other entity before awarding supplemental grants.

(d) Except as provided in subsections (9.5)(b) and (9.5)(c) of this section, the second 2023-24 fiscal year grant cycle must comply with the provisions of this article 43.7.

(e) This subsection (9.5) is repealed, effective July 1, 2027.

(10) (a) A school district shall not be required to provide any amount of matching moneys in excess of the difference between the school district's limit of bonded indebtedness, as calculated pursuant to section 22-42-104, and the total amount of outstanding bonded indebtedness already incurred by the school district.

(b) An applicant may apply to the board for a waiver or reduction of the matching moneys requirement specified in subsection (9) of this section. The board may grant a waiver or reduction if it determines that the waiver or reduction would significantly enhance educational opportunity and quality within a school district, board of cooperative services, or applicant school, that the cost of complying with the matching moneys requirement would significantly limit educational opportunities within a school district, board of cooperative services, or applicant school, or that extenuating circumstances deemed significant by the board make a waiver appropriate.

(c) The amount of bonded indebtedness that a school district that is a member of a board of cooperative services incurs in order to provide matching moneys for the board of cooperative services shall not constitute bonded indebtedness of the school district subject to the limits on bonded indebtedness specified in section 22-42-104.

(11) In determining the amount of each recommended award of financial assistance, the board shall seek to be as equitable as practicable by considering the total financial capacity of each applicant.

(12) Notwithstanding any provision of this section to the contrary, the match percentage for a charter school calculated pursuant to paragraph (c) of subsection (9) of this section shall not be higher than the highest match percentage for a school district, or lower than the lowest match percentage for a school district, in the same grant cycle.

(13) For fiscal year 2018-19 and for each succeeding fiscal year, the board, with the support of the division and subject to the approval of the state board regarding financial assistance awards as specified in this section, may provide financial assistance in the form of technology grants. In conjunction with its establishment of an annual financial assistance timeline as required by subsection (2)(a) of this section, the board shall annually notify all potential applicants, by such means as the board deems appropriate, that it will accept and consider applications for financial assistance in the form of technology grants. To be eligible for a technology grant, an applicant for financial assistance must apply specifically for such a grant in accordance with the financial assistance timeline established by the board pursuant to subsection (2)(a) of this section and must submit an application in the form prescribed by the board pursuant to subsection (4) of this section. The board may award a technology grant to fund technology, including but not limited to communications and internet connectivity technology, technology for individual student learning and classroom instruction, and technology as defined in subsection (5)(a)(I)(B) of this section.

(14) For fiscal year 2019-20 and for each succeeding fiscal year, the board, with the support of the division and subject to the approval of the state board regarding financial assistance awards as specified in this section, may provide financial assistance in the form of career and technical education capital construction grants. In conjunction with its establishment of an annual financial assistance timeline as required by subsection (2)(a) of this section, the board shall annually notify all potential applicants, by such means as the board deems appropriate, that it will accept and consider applications for financial assistance in the form of career and technical education capital construction grants. To be eligible for a career and technical education capital construction grant, an applicant for financial assistance must apply specifically for that grant in accordance with the financial assistance timeline established by the board pursuant to subsection (2)(a) of this section and must submit an application in the form prescribed by the board pursuant to subsection (4) of this section. The board may award career and technical education capital construction grants to fund career and technical education capital construction projects. In awarding grants, the board shall consider whether each grant application describes a career and technical education capital construction project that concerns a professional field that is identified as a key industry in the most recent annual Colorado talent report produced by the state work force development council pursuant to section 24-46.3-103 (3). Nothing in this subsection (14) prohibits the board from considering other factors in awarding and denying career and technical education capital construction grants.

(15) Repealed.
C.R.S. § 22-32-118.5 — CO Code / Title 22 / Article 32 / Section 22-32-118.5
22-32-118.5. Intervention strategies - students at risk of dropping out - legislative declara
Status: in_force

22-32-118.5. Intervention strategies - students at risk of dropping out - legislative declaration. (1) The general assembly finds that research shows there are certain behaviors such as truancy, low academic achievement, and misbehavior that results in suspension or expulsion that, when exhibited by a student, are clear indications that the student is at increased risk of dropping out of school before graduation. These behaviors are often noticeable as early as grades six through nine and, even at this relatively early stage of a student's academic career, are accurate predictors of whether the student will graduate or drop out of high school. The general assembly further finds that interventions with students who demonstrate these behaviors in these middle grades can be very successful in enabling the student to refocus his or her efforts, improve in academic achievement, and successfully graduate from high school. Therefore, it is the intent of the general assembly that school districts and public schools focus attention on the data collected for students in these middle grades, identify students who require interventions, and provide the appropriate interventions to assist students in graduating from high school.

(2) (a) Each school district board of education shall consider adopting procedures by which the schools of the school district, including charter schools, that include any of grades six through nine shall review the relevant data for students in those grades and identify students who are demonstrating behaviors that indicate the student is at greater risk of dropping out of school. The behaviors may include, but need not be limited to, low academic achievement, truancy, insubordinate behavior, and disengagement.

(b) The procedures may specify that, after a school identifies a student as being at increased risk of dropping out of school, the school shall provide appropriate interventions that are designed to assist the student in improving his or her academic performance and behavior and in increasing his or her overall level of engagement in school. Interventions may include, but need not be limited to, counseling, tutoring, parent engagement, and developmental education services.

(c) If a school district board of education adopts procedures pursuant to this subsection (2), the school district shall notify a student's parents as soon as possible after the school district identifies the student as being at greater risk of dropping out of school. The school district shall provide to the student's parents a description of the interventions that the school district intends to implement for the student, if any. The parent may approve or reject the described interventions. If the parent rejects the interventions, the school district shall not implement the interventions. The parent may terminate the interventions at any time after the school district begins providing the interventions.

(d) A parent may contact the school district in which his or her student is enrolled to request interventions pursuant to this subsection (2) if the parent determines that the student is at greater risk of dropping out of school.
C.R.S. § 22-42-103 — CO Code / Title 22 / Article 42 / Section 22-42-103
22-42-103. Limitations on elections
Status: in_force

22-42-103. Limitations on elections. The question of contracting bonded indebtedness may be submitted or resubmitted after the same or any other such question has previously been rejected at an election held pursuant to this article; but no such question shall be submitted or resubmitted at any election held less than one hundred twenty days after a previous submission of such question, and the board of education of any school district shall not submit any question of contracting bonded indebtedness at more than two elections within any twelve-month period. The provisions of this section shall not apply to elections on assumption of existing bonded indebtedness held pursuant to law.
C.R.S. § 22-37-104 — CO Code / Title 22 / Article 37 / Section 22-37-104
22-37-104. Qualification
Status: in_force

22-37-104. Qualification. (1) An eligible participant may submit a proposal to the state board for a grant for the development of a program under this article, which may involve selected grade levels within a public school or facility school.

(2) A program shall:

(a) Provide supervision, discipline, counseling, and continuous education for a suspended student with the goal of maintaining the education of a suspended student and preventing further disruptive behavior, subsequent suspension, or expulsion;

(b) Provide for a transitional stage from in-school or in-home suspension to regular school activities;

(c) Include an agreement by the participating public school or facility school that a student suspended for the reasons specified in section 22-33-106 (1)(a) or (1)(b) shall be included in the program;

(d) Include an evaluation phase based on the collection of data that shall measure effectiveness of the program; and

(e) Include provisions for the dissemination of the results of the program to the state board; the participating facility school; the school board or governing board of the participating public school; the parents, guardians, or legal custodians with students attending the participating public school; and any other interested persons.

(3) A program may include, but need not be limited to, any of the following:

(a) Programs that utilize new instructional, counseling, or disciplinary concepts;

(b) Programs that utilize current public school or facility school staff or other personnel;

(c) Programs that encourage parental participation and involvement;

(d) Programs that employ individualized instruction, computer-assisted instruction, or other automated equipment for instruction;

(e) Programs that provide behavioral modification or anger management techniques.

(4) Each proposal must include a breakdown of all costs that would be incurred upon approval of the program.
C.R.S. § 22-2-146 — CO Code / Title 22 / Article 2 / Part 1 / Section 22-2-146
22-2-146. Department of education - COVID-19-related education loss - strategies - resourc
Status: in_force

22-2-146. Department of education - COVID-19-related education loss - strategies - resources - report - legislative declaration. (1) The general assembly finds that:

(a) Due to the public health risks of the COVID-19 pandemic, the public schools in Colorado have had to cease in-person instruction for repeated and extended periods of time during the 2019-20 and 2020-21 school years;

(b) Research suggests that these periods of remote learning, as well as trauma experienced by students as a result of the pandemic, have had detrimental effects on students' ability to learn and grow academically and on their ability even to retain the level of learning that they had previously achieved;

(c) These negative effects have had an even greater impact on students of color, low-income students, and students with disabilities, who are expected to experience a significantly greater loss of learning, thereby exacerbating the academic achievement gaps that existed before the pandemic;

(d) The school districts and public schools of the state will face significant challenges in trying to compensate for these learning losses and in helping all students to overcome the learning losses they have experienced and advance to grade-level or higher academic achievement;

(e) There are indications that tutoring services, programs that extend the school day or the school year, and summer school programs may be successful in helping students, especially low-income students, students of color, and students with disabilities, to overcome learning loss and close the achievement gap;

(f) There are other innovative strategies that some public schools and school districts have been implementing to address learning loss, including home visitation programs through which teachers visit their students' homes to assist the students and the parents in efforts to overcome learning loss; and

(g) The department of education can play a crucial role in supporting school districts and public schools by identifying best practices for addressing these learning losses and effective strategies for boosting student learning and closing achievement gaps and by providing a resource bank of model materials and strategies specifically designed to address learning recovery for all students.

(1.5) (a) The general assembly further finds that on March 11, 2021, President Biden signed H.R.1319, the "American Rescue Plan Act of 2021", into law. In part, the act provides approximately $122.7 billion in supplemental money to the elementary and secondary emergency education relief fund for distribution to states. Approximately $1.166 billion of that amount is expected to be distributed to Colorado, of which at least $1.05 billion must be distributed to local education providers and $116.6 million will be retained by the state department of education. The act requires the department to use approximately $58 million to address learning recovery, approximately $11.6 million for after-school activities, and approximately $11.6 million for summer learning programs.

(b) The department is strongly encouraged to use as much as possible of the amount of federal money that the department receives under the "American Rescue Plan Act of 2021" to fund programs to address learning recovery, which may include intensive tutoring programs, extended-day learning programs, supplemental online courses, summer learning programs, and other programs that are identified by local education providers or have demonstrated success in effectively addressing learning recovery. The department is specifically encouraged to use a portion of the federal money to assist local education providers in accessing supplemental online learning recovery courses for students enrolled in kindergarten through twelfth grade, as described in section 22-5-119 (11).

(2) (a) By the fall semester of the 2021-22 school year and continuing thereafter, the department shall identify educational products, strategies, and services that have demonstrated effectiveness in identifying and reversing student learning loss, including those products, strategies, and services that are specifically designed to address learning loss experienced by students of color, low-income students, and students with disabilities. The department shall create and maintain a resource bank of examples of these products, explanations of and instructions for implementing these strategies and services, and models of professional development programs related to using the products and implementing the strategies and services. The department shall ensure that the resource bank includes products, strategies, and services and models of professional development programs that take into account the circumstances of, and are appropriate for implementation by, rural and small rural school districts and charter schools located within rural and small rural school districts.

(b) The department shall include in the resource bank information concerning public and private nonprofit entities that may partner with school districts, boards of cooperative services, and charter schools to provide personnel or other resources to assist in implementing strategies to overcome learning loss.

(c) School districts, boards of cooperative services, and charter schools may submit to the department descriptions and explanations of strategies, services, and programs that they have implemented, with evidence demonstrating the positive effects achieved through implementing the strategies, services, and programs. The department shall include the submitted examples in the resource bank.

(d) The resource bank must be available for review by school districts, boards of cooperative services, and charter schools. To the greatest extent possible within existing resources, the department shall provide technical assistance, upon request, to assist school districts and charter schools in identifying and implementing strategies to address student learning loss.

(3) The department shall create a report specifying the purposes for which the department used the federal money received pursuant to the federal "Coronavirus Aid, Relief and Economic Security Act", Pub.L.116-136; the "Coronavirus Response and Relief Supplemental Appropriations Act, 2021", Pub.L.116-260; and the "American Rescue Plan Act of 2021", Pub.L.117-2. At a minimum, the report must identify the total amount that the department received and was authorized to spend at the state level under each act, the purposes for which the department spent the amounts received, the specific amount allotted to each purpose, and any data the department may have concerning the results achieved in using the money for each purpose. On or before December 1, 2021, and on or before December 1 each year thereafter through December 1, 2024, the department shall submit the report to the education committees of the house of representatives and senate, or any successor committees, and post the report on the department's website. The department shall also present the report as part of the department's hearing held each January pursuant to section 2-7-203, starting in 2022 and continuing through 2025.
C.R.S. § 22-32-135 — CO Code / Title 22 / Article 32 / Section 22-32-135
22-32-135. Financial literacy curriculum - definition
Status: in_force

22-32-135. Financial literacy curriculum - definition. (1) The general assembly finds that:

(a) Life skills such as the ability to formulate a household budget, balance a checking account, read and understand the terms and conditions of a credit card, and otherwise manage personal finances are critical to a person's success in today's economy;

(b) In February and March of 2000, in a survey of high school seniors designed to test their knowledge of personal finance basics, the students answered only fifty-one and nine tenths percent of the questions correctly, receiving a failing grade;

(c) Many students graduate from high school without having learned crucial personal financial management skills, although many have already obtained their first credit cards;

(d) Studies of consumer finances by the federal reserve board show that, at the end of 2020, household debt in the United States totaled over fourteen and one-half trillion dollars. Over one and one-half trillion dollars of this debt is student debt, over eight hundred billion dollars is credit card debt, and over ten trillion dollars is mortgage debt.

(e) With the growth in consumer debt and the apparently low level of education and understanding with regard to personal finances, it is imperative that the public schools of the state provide students with a thorough, high-quality curriculum of financial literacy to enable students to understand and master personal finance skills, including, at a minimum, managing bank accounts; household budgeting; understanding and managing personal debt, including credit card debt and student loan debt; and managing personal savings, retirement savings, homeownership, and investments.

(2) As used in this section, "financial literacy" means knowledge of personal finances that is sufficient to enable a person to manage savings, investment, and checking accounts; to design and maintain a household budget; to assess the affordability of and how to budget for postsecondary education; to understand the purpose of and how to access and complete the free application for federal student aid and the Colorado application for state financial aid, or successor forms for accessing federal and state financial aid; to manage personal debt, including student loan debt; to understand consumer credit and finance; to manage personal credit options, including credit cards; to understand and select from among short-term and long-term investment options; to understand the home buying process, including home loans and managing mortgage debt; and to understand retirement plans, tax-deferred accounts, pensions, and government retirement benefits.

(3) (a) Each school district board of education is strongly encouraged to adopt curriculum pertaining to financial literacy to be taught in grade-appropriate courses at the elementary, middle, junior high, and high school grade levels. When selecting mathematics and economics textbooks, each school district is strongly encouraged to select those texts that include substantive provisions on personal finance, including personal budgeting; credit; debt management; student loan borrowing and financial aid; homeownership; retirement, including long-term investments, tax-deferred accounts, pensions, and government retirement benefits; and similar personal finance topics.

(b) The curriculum described in subsection (3)(a) of this section must also include content relating to how to assess the affordability of and budget for different options for obtaining a postsecondary degree or credential and how to pay for higher education. The curriculum should familiarize students with the process and necessary forms for applying for federal and state financial aid, student loans, scholarships, and grant programs, including accessing and completing either the free application for federal student aid or the Colorado application for state financial aid, or successor forms to access federal and state financial aid, and should ensure that students have an awareness of federal and state programs that may be available to manage student loan debt.

(4) Each school district board of education is further encouraged to adopt successful completion of a course in financial literacy as a graduation requirement.
C.R.S. § 22-11-405 — CO Code / Title 22 / Article 11 / Part 4 / Section 22-11-405
22-11-405. School priority improvement plan - contents
Status: in_force

22-11-405. School priority improvement plan - contents. (1) (a) If the state board, pursuant to section 22-11-210, directs a district public school to adopt a priority improvement plan, the local school board, in accordance with time frames specified in state board rules, shall adopt a school priority improvement plan, as described in subsection (4) of this section, for the district public school.

(b) The school accountability committee for the district public school shall hold a public meeting as required in section 22-32-142 (2) to receive input concerning possible strategies to be included in the school priority improvement plan, advise the local school board concerning preparation of the school priority improvement plan, and make recommendations to the local school board concerning the contents of the school priority improvement plan, taking into account recommendations received at the public meeting. The local school board shall create and adopt the school priority improvement plan, taking into account the advice and recommendations of the school accountability committee. Before adopting the school priority improvement plan, the local school board shall hold a public hearing to review the written plan as required in section 22-32-142 (2). The department may require a school district to provide proof of compliance with the requirements of section 22-32-142 (2).

(c) The school district accountability committee shall include the adopted school priority improvement plan in the compilation prepared pursuant to section 22-11-302 (1), and the local school board shall consider the adopted school priority improvement plan in developing the budget required by section 22-44-108. The local school board shall ensure that the school priority improvement plan is in effect for the district public school within the time frames established in state board rules.

(2) (a) If the state board, pursuant to section 22-11-210, directs an institute charter school to adopt a priority improvement plan, the institute, in accordance with time frames specified in state board rules, shall adopt a school priority improvement plan, as described in subsection (4) of this section, for the institute charter school.

(b) The school accountability committee for the institute charter school shall hold a public meeting as required in section 22-30.5-520 (2) to receive input concerning possible strategies to be included in the school priority improvement plan, advise the institute concerning preparation of the school priority improvement plan, and make recommendations to the institute concerning the contents of the school priority improvement plan, taking into account recommendations received at the public meeting. The institute shall create and adopt the school priority improvement plan, taking into account the advice and recommendations of the school accountability committee. Before adopting the school priority improvement plan, the institute shall ensure that the institute charter school holds a public hearing to review the written plan as required in section 22-30.5-520 (2). The department may require the institute to provide proof of compliance with the requirements of section 22-30.5-520 (2).

(c) The institute shall include the adopted school priority improvement plan in the compilation prepared pursuant to section 22-11-303 (2)(b). The institute shall ensure that the school priority improvement plan is in effect for the institute charter school within the time frames established in state board rules.

(3) The commissioner, subject to available appropriations, may assign the state review panel to critically evaluate a public school's priority improvement plan and report to the commissioner any recommended modifications to the plan. The commissioner may recommend to the local school board or the institute modifications to the school priority improvement plan, taking into consideration any recommendations of the state review panel.

(4) A school priority improvement plan must be designed to ensure that the public school improves its performance to the extent that, following completion of the public school's next annual performance review, the public school attains a higher accreditation category. At a minimum, a school priority improvement plan must:

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

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

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

(b) Identify positive and negative trends in the levels of attainment by the public school on the performance indicators;

(c) Assess and prioritize the issues and needs at the public school that must be addressed to raise the levels of attainment on the performance indicators by the public school and to improve school readiness, if the public school serves students in preschool or kindergarten. The needs assessment for a public school that enrolls students in kindergarten or any of grades one through three shall include, but shall not be limited to, the early childhood learning needs assessment described in subsection (4.5) of this section.

(d) Identify specific, research-based strategies that are appropriate in scope, intensity, and type to address the needs and issues identified pursuant to paragraph (c) of this subsection (4);

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

(e.5) Incorporate strategies to increase parent engagement in the public school; and

(f) Address any other issues required by rule of the state board or raised by the department through the performance review pursuant to section 22-11-210.

(4.5) An early childhood learning needs assessment must determine the extent to which:

(a) There are quality early childhood programs existing within the neighborhood of the public school; except that a public school must include this information in the early childhood learning needs assessment only if the information is readily available to the public school;

(b) Children are enrolled in publicly funded early learning and development programs within the neighborhood of the public school or in private early learning and development programs that participate in the school-readiness quality improvement program created in section 26.5-5-102 and are located within the neighborhood of the public school; except that a public school must include this information in the early childhood learning needs assessment only if the information is readily available to the public school;

(c) The public school works with an early childhood council established pursuant to part 2 of article 2 of title 26.5 or early childhood community agencies existing within the neighborhood of the public school;

(d) The public school collaborates with early childhood providers and programs regarding students' transition from preschool to kindergarten;

(e) Teachers employed at or by the public school to teach kindergarten or one of grades one through three have early childhood teaching credentials;

(f) Joint professional development opportunities, including opportunities for educator collaboration, are available through the public school for early childhood providers, teachers, and principals;

(g) The public school has a current parent engagement plan and provides ample opportunities for parent and family engagement in preschool through third grade; and

(h) Other early childhood resources, such as home visitation, early intervention services, library programs for young children, and family resource centers, are available to families who reside in the neighborhood of the public school.

(5) The local school board, on behalf of a district public school, or the institute, on behalf of an institute charter school, shall submit the school priority improvement plan to the department for publication on the data portal. The public school shall make copies of the school priority improvement plan available to members of the public upon request.
C.R.S. § 22-69-104 — CO Code / Title 22 / Article 69 / Section 22-69-104
22-69-104. Alternative teacher compensation plan grant program - created - applications
Status: in_force

22-69-104. Alternative teacher compensation plan grant program - created - applications. (1) There is hereby created in the department the alternative teacher compensation plan grant program to provide funding to school districts to support the design and development of an alternative teacher compensation plan that is tailored to the particular school district.

(2) (a) The department shall administer the grant program as provided in this article and pursuant to the rules established by the state board.

(b) A school district may apply to the department, in accordance with procedures and time frames established by the state board, to receive grant moneys for the design and development of an alternative teacher compensation plan.

(c) The criteria for awarding grants, at a minimum, shall require that:

(I) The final alternative teacher compensation plan be designed and developed collaboratively with teachers through the school district-adopted procedures for setting compensation, administrators, parents, and the school district board of education;

(II) The final alternative teacher compensation plan be open to all teachers who meet the established performance criteria without regard to grade level, subject area, or assignment; and

(III) The school district seek a stable, sufficient, and sustainable source of new revenue to fund the alternative teacher compensation plan on an ongoing basis.

(d) The state board shall utilize the research and resources of the P-20 council in establishing any additional criteria for school districts seeking grant moneys.

(3) Moneys awarded to a school district pursuant to the grant program shall be used by the school district to support the creation of the school district's alternative teacher compensation plan. Support may include, but need not be limited to:

(a) Identifying overall goals and objectives for the school district's alternative teacher compensation plan;

(b) Identifying various methods of assessing student achievement and teacher effectiveness;

(c) Creating data systems needed for an alternative teacher compensation system;

(d) Forecasting the future costs of the alternative teacher compensation system to ensure sustainability;

(e) Linking the alternative teacher compensation plan with the overall school district instructional improvement strategy and the state's educational goals;

(f) Aligning the school district's human resources, curriculum, and professional development structures with the pay structure specified in the alternative teacher compensation plan;

(g) Establishing outreach and on-going communications within the school district and to the community regarding the alternative teacher compensation plan;

(h) Strategies for recruiting and supporting highly effective teachers in struggling schools; and

(i) Strategies for recruiting and retaining high-quality teachers in subject areas that are difficult to staff.

(4) A school district's final plan for an alternative teacher compensation system shall:

(a) Provide compensation in addition to existing pay schedules;

(b) Be transparent with respect to how a teacher qualifies for additional compensation and how much additional compensation a qualifying teacher may receive;

(c) Contain broad, multi-dimensional criteria for assessing performance within the system;

(d) Include all of the additional compensation in a teacher's retirement or pension calculations;

(e) Include a procedure for challenging adverse decisions under the system to ensure fairness; and

(f) Contain a process for continual evaluation of the system that shall, at a minimum, address the following:

(I) How the alternative teacher compensation system will demonstrate measurable effectiveness;

(II) How the alternative teacher compensation system will measure and demonstrate a decrease in the school district's dropout rate;

(III) How the alternative teacher compensation system will help to close the achievement gap; and

(IV) How the alternative teacher compensation system will help to increase students' attainment of postsecondary degrees and certificates.

(5) The department shall make available to each school district that receives a grant pursuant to the grant program the research and other materials concerning alternative teacher compensation plans collected by the P-20 council.

(6) Each school district that receives a grant shall submit a copy of its final alternative teacher compensation plan to the department, along with a summary of the key components of the plan and the mechanism for funding the plan.

(7) Nothing in this article shall be construed to require a school district to participate in the grant program or to modify the terms of an existing teacher compensation plan or contract.
C.R.S. § 22-14-107 — CO Code / Title 22 / Article 14 / Section 22-14-107
22-14-107. Student graduation and completion plans - adoption - evaluation
Status: in_force

22-14-107. Student graduation and completion plans - adoption - evaluation. (1) (a) Based on the completed practices assessment, by a date specified by rule of the state board, but not later than October 1, 2010, each high priority local education provider shall adopt a student graduation and completion plan for the schools operated or approved by the high priority local education provider. Each priority local education provider shall adopt a student graduation and completion plan by a date specified by rule of the state board, but not later than October 1, 2011. Following adoption of the initial student graduation and completion plan, each high priority and priority local education provider shall review and update the student graduation and completion plan in accordance with timelines adopted by rule of the state board. In setting the dates for adoption of the initial student graduation and completion plans and the timelines for reviewing and updating the student graduation and completion plans, the state board shall ensure that the dates coincide with the dates by which each local education provider is required to adopt the plan required by its accreditation category or its annual performance review.

(b) Each local education provider that is not a high priority or priority local education provider is encouraged to adopt a student graduation and completion plan and to periodically review and update the plan. A local education provider that chooses to adopt a student graduation and completion plan pursuant to this paragraph (b) shall comply with the provisions of subsection (6) of this section.

(c) Notwithstanding any provision of paragraph (a) of this subsection (1) to the contrary, if a high priority or priority local education provider has authorized one or more existing charter high schools pursuant to article 30.5 of this title, each charter high school shall adopt its own student graduation and completion plan in accordance with the deadlines specified in paragraph (a) of this subsection (1) and submit the plan to the department pursuant to subsection (6) of this section. A student graduation and completion plan adopted by a charter high school shall conform to the requirements specified in subsection (2) of this section.

(2) At a minimum, each high priority and priority local education provider's student graduation and completion plan shall include:

(a) The percentage by which the high priority or priority local education provider anticipates reducing the student truancy rate and dropout rate and the timeline for achieving the reductions;

(b) The percentage by which the high priority or priority local education provider anticipates increasing the student attendance, graduation, and completion rates and the timeline for achieving the increases;

(c) Other objectives that the high priority or priority local education provider identifies that are designed to result in improved dropout prevention, improved student attendance, and improved student engagement and re-engagement within the schools operated or approved by the high priority or priority local education provider;

(d) The manner in which the high priority or priority local education provider will measure success in achieving the goals and objectives of the student graduation and completion plan;

(e) The manner in which school staff and parents will work together to address the risk factors and remedies for students; and

(f) A description of the supports that the high priority or priority local education provider will provide to a student who leaves a public school prior to graduation or completion, which supports, at a minimum, shall include an explanation of the educational alternatives available to the student to assist him or her in re-engaging in school and other information to assist with his or her transition into other educational settings, including but not limited to an adult basic education, general educational development, or English-as-a-second-language program, or into the workforce or job training.

(3) In designing its student graduation and completion plan, each high priority or priority local education provider is encouraged to:

(a) Include a variety of innovative dropout reduction efforts in the plan, including new schools and programs that provide educational environments that are specifically designed to promote student re-engagement, including policies and programs that create alternative pathways to high school graduation;

(a.5) Expand the availability of visual arts and performing arts courses and opportunities through the regular school curriculum and through increased access to extracurricular activities, including but not limited to entering into agreements with nonprofit or for-profit community arts organizations to provide expanded visual arts and performing arts educational programs; and

(b) Review existing supports and resources that the high priority or priority local education provider may leverage to support implementation of the plan, including but not limited to grants for expelled and at-risk student services available pursuant to section 22-33-205, grants available through the school counselor corps grant program created in article 91 of this title, assistance available through the closing the achievement gap program pursuant to section 22-7-611, and federal moneys available pursuant to the "Safe and Drug-free Schools and Communities Act", 20 U.S.C. sec. 7101 et seq.

(4) Each high priority or priority local education provider, in adopting its student graduation and completion plan, shall also adopt a process by which annually to review and evaluate the effectiveness of the plan. Each high priority or priority local education provider that is a school district shall include its practices assessment and its student graduation and completion plan with the plan the school district is required to adopt based on its accreditation category.

(5) The office shall provide technical assistance to high priority local education providers to assist them in completing their student graduation and completion plans. The office may provide technical assistance to priority local education providers as allowable within available appropriations.

(6) Upon adopting its student graduation and completion plan or any updates to the plan, each high priority or priority local education provider shall transmit the plan to the department for publication on the internet.

(7) (a) Beginning in the 2011-12 academic year, the office shall annually evaluate each high priority local education provider's student graduation and completion plan as part of the accreditation review process. The office shall evaluate the components of each student graduation and completion plan, the high priority local education provider's implementation of the plan, and the results achieved. In evaluating the student graduation and completion plans, the office shall generally ensure that the high priority local education provider applies best practices and strategies and employs rigorous ongoing program evaluation and oversight in implementing the plan. On completion of the evaluation, the office may provide recommendations to the high priority local education provider concerning improvements in the plan design and implementation.

(b) The office may evaluate, as described in paragraph (a) of this subsection (7), the student graduation and completion plans of priority local education providers as allowable within available appropriations.
C.R.S. § 22-14-104 — CO Code / Title 22 / Article 14 / Section 22-14-104
22-14-104. Report of effective policies and strategies - creation - use
Status: in_force

22-14-104. Report of effective policies and strategies - creation - use. (1) On or before December 31, 2009, the office shall review the existing research and data from this state and other states and compile a report of effective dropout prevention and student engagement and re-engagement policies and strategies implemented by local education providers within this state and in other states. The office may use the findings and recommendations in the report to provide technical assistance to high priority and priority local education providers, to assist high priority and priority local education providers in creating student graduation and completion plans, and to recommend to the state board and the general assembly state policies concerning dropout prevention and student engagement and re-engagement. High priority and priority local education providers may use the report to review their policies, to formulate new policies and strategies, and to create and evaluate their student graduation and completion plans.

(2) In preparing the report of effective policies and strategies, the office, at a minimum, shall consult, share information, and coordinate efforts with:

(a) The governor's office;

(b) The P-20 education coordinating council appointed by the governor pursuant to executive order B 003 07;

(c) Local education providers within Colorado that have maintained low student dropout rates and high rates of student engagement and re-engagement in previous years;

(d) State and national experts in dropout rate reduction and student engagement and re-engagement strategies who are knowledgeable about successful policies and practices from other states and local governments in other states; and

(e) Federal government officials who administer dropout rate reduction and student engagement and re-engagement initiatives and programs.

(3) The office shall periodically review and revise the report of effective policies and strategies as necessary to maintain the report's relevance and applicability. The office shall post the initial report of effective strategies and subsequent revisions on the department's website.
C.R.S. § 22-30.5-507 — CO Code / Title 22 / Article 30.5 / Part 5 / Section 22-30.5-507
22-30.5-507. Institute charter school - requirements - authority - rules - definitions
Status: in_force

22-30.5-507. Institute charter school - requirements - authority - rules - definitions. (1) (a) An institute charter school shall be a public, nonsectarian, nonreligious, non-home-based school that operates pursuant to a charter contract authorized by the state charter school institute.

(b) An institute charter school shall exist as a public school within the state, unaffiliated with a school district. Nothing in this part 5 shall be construed to permit a school district to determine curriculum, policies, procedures, or operations of an institute charter school, including but not limited to compliance with the accountability provisions specified in this title, accreditation contracts, and statewide assessment requirements.

(c) Each institute charter school authorized on or after July 1, 2008, shall include within its name the phrase "state charter school".

(2) An institute charter school shall be:

(a) Subject to the terms of the charter contract entered into with the institute;

(b) Accountable to the institute for purposes of ensuring compliance with applicable laws and charter contract provisions; and

(c) Subject to accreditation by the institute board pursuant to the institute's policy for accrediting the institute charter schools adopted pursuant to section 22-11-307 and section 22-30.5-505 (3)(b). Each institute charter school shall also be subject to annual review by the department pursuant to section 22-11-210.

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

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

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

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

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

(4) (a) An institute charter school shall be administered and governed by a governing body in a manner agreed to and set forth in the charter contract. Effective July 1, 2013, each institute charter school shall organize as a nonprofit corporation pursuant to the "Colorado Revised Nonprofit Corporation Act", articles 121 to 137 of title 7, C.R.S., which shall not affect its status as a public school for any purposes under Colorado law.

(b) An entity that holds a charter authorized pursuant to this part 5 may choose to contract with an education management provider, which education management provider may be a for-profit, a nonprofit, or a not-for-profit entity, so long as the institute charter school maintains a governing board that is independent of the education management provider.

(5) In order to clarify the status of institute charter schools for purposes of tax-exempt financing, an institute charter school, as a public school, is a governmental entity. Direct leases and financial obligations of an institute charter school shall not constitute debt or financial obligations of the state or any school district.

(6) Except as otherwise provided in sections 22-20-109 (5), 22-32-115 (1) and (2), and 22-54-109, an institute charter school shall not charge tuition.

(7) (a) Pursuant to the charter contract, an institute charter school may operate free from specified statutes and state board rules. The state board shall promulgate rules that list the automatic waivers for all charter schools, including institute charter schools. In promulgating the list of automatic waivers, the state board shall consider the overall impact and complexity of the requirements specified in the statute and the potential consequences that waiving the statute may have on the practices of a charter school, including an institute charter school. In accordance with its rule-making authority, the state board may review the list of automatic waivers at its discretion. Notwithstanding any provision of this subsection (7)(a) to the contrary, the state board shall not include the following statutes on the list of automatic waivers:

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

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

(II) Section 22-32-109 (1)(n)(I) and (1)(n)(II)(B), concerning the annual school calendar;

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

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

(b) An institute charter school may apply to the state board, through the institute, for a waiver of state statutes and state rules that are not automatic waivers. The state board may waive state statutory requirements or rules promulgated by the state board; except that the state board may not waive any statute or rule relating to:

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

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

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

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

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

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

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

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

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

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

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

(c) A waiver of state statute or state board rule made pursuant to this subsection (7) is for the term of the contract for which the waiver is made. A request for a waiver may be submitted to the institute as a part of the application for an institute charter school. If the institute applies to the state board for a waiver on behalf of an institute charter school, the institute is only required to provide a complete copy of the signed charter contract.

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

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

(9) An institute charter school is authorized to offer any educational program, including but not limited to an online program or online school pursuant to article 30.7 of this title, that may be offered by a school district, unless expressly prohibited by its charter contract or by state law.

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

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

(12) An institute charter school may choose to apply, alone or with a consortium of charter schools, for a grant through a nonformulaic, competitive grant program created by a federal or state statute or program. If an institute charter school applies, alone or with a consortium of charter schools, for a grant, the institute charter school or consortium of charter schools is the local education agency only for the purposes of applying and determining eligibility for the grant and may request that the state charter school institute act as a fiscal manager for the institute charter school pursuant to section 22-30.5-503 (3.5) for purposes of grant management.

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

(14) An institute charter school shall annually distribute to each employee informational materials relating to federal student loan repayment programs and student loan forgiveness programs, including updated materials, received from the state charter school institute pursuant to section 22-30.5-505 (20). In addition to annual distribution, an institute charter school shall distribute the informational materials to newly hired employees as part of its employee orientation process. The institute charter school may distribute the informational materials to its employees through an e-mail to employees or as part of a mailing or regular communication to employees.
C.R.S. § 22-33-104.5 — CO Code / Title 22 / Article 33 / Part 1 / Section 22-33-104.5
22-33-104.5. Home-based education - guidelines - legislative declaration - definitions
Status: in_force

22-33-104.5. Home-based education - guidelines - legislative declaration - definitions. (1) The general assembly hereby declares that it is the primary right and obligation of the parent to choose the proper education and training for children under his care and supervision. It is recognized that home-based education is a legitimate alternative to classroom attendance for the instruction of children and that any regulation of nonpublic home-based educational programs should be sufficiently flexible to accommodate a variety of circumstances. The general assembly further declares that nonpublic home-based educational programs shall be subject only to minimum state controls which are currently applicable to other forms of nonpublic education.

(2) As used in this section:

(a) "Nonpublic home-based educational program" means the sequential program of instruction for the education of a child which takes place in a home, which is provided by the child's parent or by an adult relative of the child designated by the parent, and which is not under the supervision and control of a school district. This educational program is not intended to be and does not qualify as a private and nonprofit school.

(b) "Parent" includes a parent or guardian.

(c) "Qualified person" means an individual who is selected by the parent of a child who is participating in a nonpublic home-based educational program to evaluate such child's progress and who is a teacher licensed pursuant to article 60.5 of this title, a teacher who is employed by an independent or parochial school, a licensed psychologist, or a person with a graduate degree in education.

(3) The following guidelines apply to a nonpublic home-based educational program:

(a) A parent or an adult relative designated by a parent to provide instruction in a nonpublic home-based educational program shall not be subject to the requirements of the "Colorado Educator Licensing Act of 1991", article 60.5 of this title, nor to the provisions of article 61 of this title relating to teacher employment.

(b) A child who is participating in a nonpublic home-based educational program is not subject to compulsory school attendance as provided in this article 33; except that any child who is habitually truant, as defined in section 22-33-102 (3.5), at any time during the last six months that the child attended school before proposed enrollment in a nonpublic home-based educational program may not be enrolled in the program unless the child's parents first submit a written description of the curricula to be used in the program along with the written notification of establishment of the program required in subsection (3)(e) of this section to any school district within the state.

(c) A nonpublic home-based educational program shall include no less than one hundred seventy-two days of instruction, averaging four instructional contact hours per day.

(d) A nonpublic home-based educational program shall include, but need not be limited to, communication skills of reading, writing, and speaking, mathematics, history, civics, literature, science, and regular courses of instruction in the constitution of the United States as provided in section 22-1-108.

(e) Any parent establishing a nonpublic home-based educational program shall provide written notification of the establishment of said program to a school district within the state fourteen days prior to the establishment of said program and each year thereafter if the program is maintained. The parent in charge and in control of a nonpublic home-based educational program shall certify, in writing, only a statement containing the name, age, place of residence, and number of hours of attendance of each child enrolled in said program. Notwithstanding the provisions of section 22-33-104 (1), a parent who intends to establish a nonpublic home-based educational program is not required to:

(I) Provide written notification of the program to a school district within the state until the parent's child is six years of age;

(II) Establish the program until the parent's child is seven years of age; or

(III) Continue the program or provide the notification after the child is sixteen years of age.

(f) Each child participating in a nonpublic home-based educational program shall be evaluated when such child reaches grades three, five, seven, nine, and eleven. Each child shall be given a nationally standardized achievement test to evaluate the child's academic progress, or a qualified person shall evaluate the child's academic progress. The test or evaluation results, whichever is appropriate, shall be submitted to the school district that received the notification required by paragraph (e) of this subsection (3) or an independent or parochial school within the state of Colorado. If the test or evaluation results are submitted to an independent or parochial school, the name of such school shall be provided to the school district that received the notification required by paragraph (e) of this subsection (3). The purpose of such tests or evaluations shall be to evaluate the educational progress of each child. No scores for a child participating in a nonpublic home-based educational program shall be considered in measuring school performance or determining accreditation pursuant to article 11 of this title.

(g) The records of each child participating in a nonpublic home-based educational program shall be maintained on a permanent basis by the parent in charge and in control of said program. The records shall include, but need not be limited to, attendance data, test and evaluation results, and immunization records, as required by sections 25-4-901, 25-4-902, and 25-4-903, C.R.S. Such records shall be produced to the school district that received the notification required by paragraph (e) of this subsection (3) upon fourteen days' written notice if the superintendent of said school district has probable cause to believe that said program is not in compliance with the guidelines established in this subsection (3).

(4) Any child who has participated in a nonpublic home-based educational program and who subsequently enrolls in the public school system may be tested by the school district in which the child has enrolled for the purpose of placing the child in the proper grade and shall then be placed at the grade level deemed most appropriate by said school district, with the consent of the child's parent or legal guardian. The school district shall accept the transcripts for credit from the non-public home-based educational program for any such child; except that the school district may reject such transcripts if the school district administers testing to such child and the testing does not verify the accuracy of such transcripts.

(5) (a) (I) If test results submitted to the appropriate school district pursuant to the provisions of paragraph (f) of subsection (3) of this section show that a child participating in a nonpublic home-based educational program received a composite score on said test which was above the thirteenth percentile, such child shall continue to be exempt from the compulsory school attendance requirement of this article. If the child's composite score on said test is at or below the thirteenth percentile, the school district shall require the parents to place said child in a public or independent or parochial school until the next testing period; except that no action shall be taken until the child is given the opportunity to be retested using an alternate version of the same test or a different nationally standardized achievement test selected by the parent from a list of approved tests supplied by the state board.

(II) If evaluation results submitted to the appropriate school district pursuant to the provisions of paragraph (f) of subsection (3) of this section show that the child is making sufficient academic progress according to the child's ability, the child will continue to be exempt from the compulsory school attendance requirement of this article. If the evaluation results show that the child is not making sufficient academic progress, the school district shall require the child's parents to place the child in a public or independent or parochial school until the next testing period.

(b) If the child's test or evaluation results are submitted to an independent or parochial school, said school shall notify the school district that received the notification pursuant to paragraph (e) of subsection (3) of this section if the composite score on said test was at or below the thirteenth percentile or if the evaluation results show that the child is not making sufficient academic progress. The school district shall then require the parents to proceed in the manner specified in paragraph (a) of this subsection (5).

(6) (a) If a child is participating in a nonpublic home-based educational program but also attending a public school for a portion of the school day, the school district of the public school may count the child in accordance with the provisions of section 22-54-103 (10) for purposes of determining pupil enrollment pursuant to the "Public School Finance Act of 2025", article 54 of this title 22.

(b) (I) For purposes of this subsection (6), a child who is participating in a nonpublic home-based educational program has the same rights as a student enrolled in a public school of the school district in which the child resides or is enrolled and may participate on an equal basis in any extracurricular or interscholastic activity offered by a public school or offered by a private school, at the private school's discretion, as provided in section 22-32-116.5 and is subject to the same rules of any interscholastic organization or association of which the student's school of participation is a member. A school district, a public school, or an interscholastic organization or association shall not require a child who is participating in a nonpublic home-based educational program and who chooses to participate in an extracurricular activity at a public school selected by the district to enroll in a course or to complete any course credits as an eligibility requirement or other condition for participating in the extracurricular activity at the district-selected school of participation; except that the school district, public school, or interscholastic organization may require the student to enroll in a course if the extracurricular activity is an extension of the course, such as a performing arts group.

(II) (A) Except as provided for in sub-subparagraph (B) of this subparagraph (II), for purposes of section 22-32-116.5, the school district of attendance for a child who is participating in a nonpublic home-based educational program shall be deemed to be the school district that received the notification pursuant to paragraph (e) of subsection (3) of this section.

(B) For purposes of section 22-32-116.5, the school district of attendance for a child who withdraws from a public or private school more than fifteen days after the start of the school year and enters a non-public home-based educational program shall be the school district or private school from which the child withdrew for the remainder of that school year. If, during the remainder of that academic year, the child chooses to participate in extracurricular or interscholastic activities at the same school and was eligible for participation prior to withdrawing from the school, the child remains eligible to participate at such school.

(c) No child participating in an extracurricular or interscholastic activity pursuant to paragraph (b) of this subsection (6) shall be considered attending the public school district where the child participates in such activity for purposes of determining pupil enrollment under paragraph (a) of this subsection (6).

(d) As used in this subsection (6), "extracurricular or interscholastic activities" shall have the same meaning as "activity" as set forth in section 22-32-116.5 (10).

(e) If any fee is collected pursuant to this subsection (6) for participation in an activity, the fee shall be used to fund the particular activity for which it is charged and shall not be expended for any other purpose.
C.R.S. § 22-7-1208 — CO Code / Title 22 / Article 7 / Part 12 / Section 22-7-1208
22-7-1208. Local education providers - procedures - plans - training - rules
Status: in_force

22-7-1208. Local education providers - procedures - plans - training - rules. (1) Each local education provider shall adopt the procedures necessary to comply with the requirements specified in this part 12. In adopting procedures, a local education provider shall comply with and may exceed the requirements of this part 12. Procedures may include, but need not be limited to, procedures for:

(a) Creating a READ plan and the contents of a READ plan;

(b) Effectively communicating with parents concerning the creation, contents, and implementation of READ plans; and

(c) Determining whether a student who has a significant reading deficiency will advance to the next grade level.

(2) A local education provider is not required to start a READ plan or convert an individual literacy plan to a READ plan for a student who is enrolled in fourth grade or higher as of the 2013-14 school year.

(3) Each local education provider is encouraged to report to the department the strategies and intervention instruction that the local education provider finds effective in assisting students to attain reading competency and to provide copies of effective materials to the department to assist the department in sharing with local education providers best practices in assisting students to attain reading competency.

(4) Local education providers are encouraged to provide parents opportunities to participate in parent reading workshops throughout the school year to assist parents in developing their own reading skills and in developing the skills necessary to assist their children in reading.

(5) (a) Beginning with the plans adopted for the 2020-21 school year, the plan that a local education provider must adopt based on its accreditation category pursuant to section 22-11-208 or as required pursuant to section 22-11-210, whichever is applicable, must include the following information concerning implementation of this part 12 as it applies to each of the schools operated by the local education provider:

(I) The core and supplemental reading curriculum used at each grade level, including kindergarten for each school that includes a kindergarten educational program. The core and supplemental reading curriculum must be designed around teaching the foundational reading skills of phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension.

(II) The targeted, evidence-based or scientifically based core and supplemental reading instructional programs and intervention reading instruction, services, and other supports, including those available through the multi-tiered systems of supports or a comparable intervention system implemented by the local education provider, that each school provides to students who are identified as having a significant reading deficiency or as reading below grade level;

(III) The assessments that each school uses at each grade level to meet the requirements specified in section 22-7-1205 (1); and

(IV) If the local education provider receives and uses per-pupil intervention money or money received through the early literacy grant program for professional development, the local education provider's plan for providing the professional development, which development must be targeted, evidence based or scientifically based, and aligned with the instruction, services, and other supports provided to students who are identified as having a significant reading deficiency or as reading below grade level.

(b) If a local education provider is authorized pursuant to section 22-11-303 (4) or 22-11-403 (5) to adopt and submit a plan every two years, the local education provider shall submit to the department the information described in subsection (5)(a) of this section annually.

(6) (a) By the beginning of the 2022-23 school year and continuing for each school year thereafter, each local education provider that receives per-pupil intervention money or a grant through the early literacy grant program in any budget year starting with the 2019-20 budget year shall ensure that each teacher employed to teach kindergarten or any of grades one through three successfully completes or has successfully completed evidence-based training in teaching reading. To comply with this subsection (6)(a), a local education provider must submit evidence, as described in subsection (6)(b) of this section, that each teacher employed to teach kindergarten or any of grades one through three has successfully completed evidence-based training in teaching reading that is:

(I) Included as a course in an approved program of preparation, as defined in section 22-60.5-103 (8), or an alternative teacher program, as defined in section 22-60.5-103 (5);

(II) Included as a course in a post-graduate degree program in teaching reading or literacy;

(III) Provided by the department or included on the advisory list of professional development programs provided by the department pursuant to section 22-7-1209 (2)(c); or

(IV) Provided by a local education provider or is appropriate for license renewal pursuant to section 22-60.5-110 (3).

(b) A teacher is deemed to have successfully completed evidence-based training in teaching reading if the local education provider submits to the department evidence that the teacher passed an end-of-course assessment of learning at the completion of the evidence-based training.

(c) At the request of a local education provider, the department shall provide, at no cost to the local education provider, evidence-based training in teaching reading to one or more of the teachers employed by the local education provider to teach kindergarten or any of grades one through three.

(d) Notwithstanding the provisions of subsection (6)(a) of this section, a local education provider that is not in compliance with the requirements of this subsection (6) as of the beginning of the 2022-23 school year or for a subsequent school year may request a one-year extension from the state board based on a demonstration of good cause for inability to comply.

(e) A local education provider is strongly encouraged to make evidence-based training in teaching reading available to parents and members of the community in order to effectively partner with them in teaching early-grade reading.

(f) The state board may adopt rules as necessary to specify the time frames and procedures for complying with the requirements specified in subsection (6)(a) of this section and for applying for an extension pursuant to subsection (6)(d) of this section and the form in which a local education provider must submit evidence of the completion of an end-of-course assessment of learning as required in subsection (6)(b) of this section.

(6.5) (a) By the beginning of the 2024-25 school year and continuing for each school year thereafter, each local education provider that receives per-pupil intervention money or a grant through the early literacy grant program in any budget year starting with the 2023-24 budget year shall ensure that each principal in a school that serves kindergarten or any of grades one through three and each administrator with responsibility that pertains to programs in kindergarten or any of grades one through three successfully completes or has successfully completed evidence-based training designed for school administrators in the science of reading. The evidence-based training in the science of reading must include the concepts of phonemic awareness, phonics, vocabulary development, reading fluency, including oral skills, and reading comprehension to assist principals in coaching and evaluating teachers. The training must also include topics related to implementing schoolwide scientifically based and evidence-based reading programming. To comply with this subsection (6.5)(a), a local education provider shall submit evidence that each principal and administrator described in this subsection (6.5)(a) has successfully completed evidence-based training in the science of reading that is:

(I) Included as a course in an approved program of preparation, as defined in section 22-60.5-102 (8) for principals or administrators, or an individualized alternative principal program, or other alternative principal program, approved pursuant to section 22-60.5-305.5;

(II) Included as a course in a post-graduate degree program in teaching reading or literacy;

(III) Provided by the department or included on the advisory list of rigorous professional development programs provided by the department pursuant to section 22-7-1209 (2)(c); or

(IV) Provided by a local education provider or is appropriate for license renewal pursuant to section 22-60.5-110 (3).

(b) The department shall provide, at no cost, training for elementary school administrators to meet the requirements specified in subsection (6.5)(a) of this section. The department may provide the training in-person or online.

(c) Notwithstanding subsection (6.5)(a) of this section, a local education provider that is not in compliance with the requirements of this subsection (6.5) as of the beginning of the 2024-25 school year or for a subsequent school year may request a one-year extension from the state board based on a demonstration of good cause for inability to comply.

(d) The state board may adopt rules as necessary to specify the content and minimum number of hours required for the training described in subsection (6.5)(a) of this section; the time frames and procedures for complying with the requirements specified in subsection (6.5)(a) of this section and for applying for an extension pursuant to subsection (6.5)(c) of this section; and the form in which a local education provider must submit evidence of the completion of the training required in subsection (6.5)(a) of this section.

(6.7) (a) By the beginning of the 2024-25 school year and continuing for each school year thereafter, each local education provider that receives per-pupil intervention money or a grant through the early literacy grant program in any budget year starting with the 2023-24 budget year shall ensure that each reading interventionist employed to teach students in any of grades four through twelve successfully completes or has successfully completed evidence-based training in teaching reading as described for teachers in subsection (6) of this section. To comply with this subsection (6.7)(a), a local education provider shall submit evidence that each reading interventionist employed to teach students in any of grades four through twelve has passed an end-of-course assessment of learning at the completion of the evidence-based training.

(b) The department shall provide, at no cost, training for reading interventionists to meet the requirements specified in subsection (6.7)(a) of this section. The department may provide the training in-person or online.

(c) Notwithstanding subsection (6.7)(a) of this section, a local education provider that is not in compliance with the requirements of this subsection (6.7) as of the beginning of the 2024-25 school year or for a subsequent school year may request a one-year extension from the state board based on a demonstration of good cause for inability to comply.

(d) The state board may adopt rules as necessary to specify the content and minimum number of hours required for training for reading interventionists required in subsection (6.7)(a) of this section; time frames and procedures for complying with the requirements specified in subsection (6.7)(a) of this section and for applying for an extension pursuant to subsection (6.7)(c) of this section; and the form in which a local education provider must submit evidence of the completion of an end-of-course assessment of learning as required in subsection (6.7)(a) of this section.

(7) Each local education provider is strongly encouraged to partner with adjacent public libraries to enhance the instructional programming and services in literacy provided by the local education provider and to provide access for students and their parents to reading materials for out-of-school literacy development.

(8) (a) Each local education provider shall submit to the department, and update as necessary to remain current, the following information, and the department shall post the information on the department's website, as provided in section 22-7-1209 (9):

(I) The core and supplemental reading curriculum, as described in subsection (5)(a)(I) of this section, or a detailed description of the reading curriculum, by grade, used at each of the schools operated by the local education provider;

(II) The targeted, evidence-based or scientifically based core and supplemental reading instructional programs and intervention reading instruction, services, and other supports, as described in subsection (5)(a)(II) of this section, or a detailed description of the programs, services, and other supports, provided by each of the schools operated by the local education provider; and

(III) The information required to be provided to the department by a local education provider pursuant to section 22-7-1210.5 (2) prior to receiving per-pupil intervention money, as well as the number of students enrolled by the local education provider who are no longer identified as having a significant reading deficiency; except that the department is not required to post on the website the number of students who are no longer identified as having a significant reading deficiency if the number of those students as submitted by a local education provider is smaller than the minimum number of students necessary to protect student privacy, as determined by the department.

(b) Each local education provider shall include on its website a link to the page on which the materials described in subsection (8)(a) of this section are posted on the department's website. The link must be easily identifiable in a location on the local education provider's website that is identified as relating to student literacy or the "Colorado READ Act". The local education provider shall also ensure that each school-level website for a school operated by the local education provider includes the link to the information on the department's website.
C.R.S. § 22-41-102.5 — CO Code / Title 22 / Article 41 / Section 22-41-102.5
22-41-102.5. Public school fund investment board - creation - working group - report
Status: repealed

22-41-102.5. Public school fund investment board - creation - working group - report. (1) (a) There is hereby created the public school fund investment board, referred to in this section as the "board". The board consists of five members, as follows:

(I) The state treasurer, who serves as chair;

(II) A member of the state board of land commissioners, appointed by majority vote of the commissioners; and

(III) Three members appointed by the state treasurer. Such appointees must have diversity in party affiliation and professional qualifications regarding the prudent investment of trust fund money or expertise in institutional investment management.

(b) Initial appointments of members must be made no later than thirty days after August 10, 2016. The board must meet for the first time no later than thirty days after the appointment of the members as required in this paragraph (b), and the board must meet no less than quarterly thereafter.

(c) The state treasurer and two other voting members of the board constitutes a quorum of the board.

(2) (a) Except for the state treasurer, members of the board serve two-year terms and may not serve more than three consecutive terms, and none of the board members, except for the treasurer, may hold any state elective office. The state board of land commissioners or the state treasurer may remove their appointed members for any cause that renders the member incapable of discharging or unfit to discharge the member's duty to the board. The state board of land commissioners or the state treasurer may fill any vacancy by appointment, and such appointment must be made no later than ninety days after the date of the vacancy. A member appointed to fill a vacancy serves until the expiration of the term for which the vacancy was filled. Members of the board serve without compensation but may receive reimbursement for travel and other necessary expenses actually incurred in the performance of their duties. The reimbursements are paid from the interest and income earned on the deposit and investment of the public school fund subject to the requirements set forth in section 22-41-102.

(b) Beginning with the state treasurer's appointments to the board to replace existing board members whose final terms expire on or after July 1, 2022, the state treasurer may stagger the terms of newly appointed board members to ensure that the terms of no more than two of the state treasurer's three appointments to the board expire in the same year. In the state treasurer's discretion, the first three new members appointed by the state treasurer on or after July 1, 2022, may serve an initial term of between one and three years, as determined by the state treasurer. After the initial term, the members serve two-year terms for a total of three consecutive terms, as set forth in subsection (2)(a) of this section.

(3) The board shall direct the state treasurer on how to securely invest money deposited in the public school fund for the intergenerational benefit of public schools and in a manner that complies with the "Uniform Prudent Investor Act", article 1.1 of title 15, C.R.S.

(4) (a) No later than March 31, 2017, the board shall establish policies that are necessary and proper for the administration of this section, including but not limited to:

(I) A conflict of interest policy for board members;

(II) A policy establishing allowable investments that comply with section 22-41-104 and section 3 of article IX of the state constitution; and

(III) Recommendations to the general assembly regarding the distribution of income and interest described in section 22-41-102 (3)(h)(IV).

(b) The policies must be posted on the department of the treasury's website no later than April 5, 2017.

(5) The board may enter into contracts with private professional fund managers to provide expertise, technical support, and advice on investment market conditions. Such contract or contracts must be bid by employing standard public bidding practices including, but not limited to, the use of requests for information, requests for proposals, or any other standard vendor selection practices determined by the board to be best suited to selecting an appropriate private professional fund manager. Payments for these services will be paid from the interest and income of the public school fund subject to the requirements set forth in section 22-41-102.

(6) Repealed.
C.R.S. § 22-30-120 — CO Code / Title 22 / Article 30 / Part 1 / Section 22-30-120
22-30-120. New school district - powers
Status: in_force

22-30-120. New school district - powers. (1) Where the final approved plan of organization results in the creation of a new school district, if a majority of the votes cast in each affected school district in the special school district organization election are in favor of the final approved plan of organization and a majority of the eligible electors residing in the new school district voting on the question approve the estimated maximum increase in the mill levy, if any, to be imposed within the new district, then on the date specified in the final approved plan of organization, but in no event prior to the certification of the special school district organization election, the new school district shall become a body corporate and as such shall organize under the name and number stated in the final approved plan of organization and in such name may take, hold, and convey property, both real and personal, and be a party to suits and contracts.

(2) If the final approved plan of organization results in the detachment and annexation of territory between existing school districts and a majority of the votes cast in each affected school district in the special school district organization election are in favor of the final approved plan of organization and the eligible electors residing within the affected territory approve the imposition of the mill levy imposed in the annexing school district, if greater than that imposed in the detaching school district, the detachment and annexation shall be effective for all purposes on the date specified in the plan of organization but in no event prior to the certification of the special school district organization election. The detaching school district and the annexing school district shall continue as bodies corporate in the same manner as prior to the detachment and annexation.
C.R.S. § 22-32-112 — CO Code / Title 22 / Article 32 / Section 22-32-112
22-32-112. Oil and gas leases
Status: in_force

22-32-112. Oil and gas leases. (1) A board of education of a school district has the power to lease any real property or any interest therein owned by the district for oil and gas exploration, development, and production purposes, upon such terms and conditions as may be prescribed and contracted by the board in the exercise of its best judgment as the board deems to be for the best interests of the district. Any lease of oil and gas rights shall be for a term not to exceed ten years and as long thereafter as oil or gas is produced, and shall provide for a royalty of not less than twelve and one-half percent of all oil and gas produced, saved, and sold, or the gross production value thereof, which royalty may be reduced proportionately under appropriate provision in the lease if the interest in the school district is less than a full interest in the land or oil and gas rights in the land described in the lease. Whenever in the opinion of the board of education, and because of the size, shape, or current use of any tract of land owned by the district, the best interests of the district so require, any lease of such tract may provide that no drilling shall be conducted on the land covered thereby, in which case such lease shall be for a term not to exceed ten years and so long thereafter as the district may share in royalties payable on account of production of oil or gas from lands adjacent to such tract so leased.

(2) Whenever deemed by the board of education of a school district to be in the best interests of the district, it may enter into a unit agreement providing for the pooling, unitization, or consolidation of acreage covered by any oil and gas lease executed by the district with other acreage for oil and gas exploration, development, and production purposes, and providing for the apportionment or allocation of royalties among the separate tracts of land included in the unit or pooling agreement on an acreage or other equitable basis, and may change, by such agreement, with the consent of the lessee under the lease, any or all of the provisions of any lease issued by the district, including the term of years for which the lease was originally granted, in order to conform such lease to the terms and provisions of the unit or pooling agreement and to facilitate the efficient and economic production of oil and gas from the lands subject to such agreement.

(3) The leasing of school district real property or any interest therein under the provisions of this section shall not be deemed to be a sale of such school property.

(4) All leases of oil and gas or rights therein and all unit agreements relating to or dealing with oil and gas and containing provisions similar to those set forth in this section affecting school district lands heretofore made or entered into by any school district are hereby confirmed, validated, and declared to be legal and valid in all respects.