CO Code § 22-30.5-507 (2021)
2021 Colorado Code|Title 22 - Education|Article 30.5 - Charter Schools|Part 5 - Institute Charter Schools|§ 22-30.5-507. Institute Charter School - Requirements - Authority - Rules - Definitions

     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.    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.    Each institute charter school authorized on or after July 1, 2008, shall include within its name the phrase “state charter school”.       An institute charter school shall be:   Subject to the terms of the charter contract entered into with the institute;    Accountable to the institute for purposes of ensuring compliance with applicable laws and charter contract provisions; and    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.         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.    As used in this subsection (3):   “Protective hairstyle” includes such hairstyles as braids, locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and headwraps.    “Race” includes hair texture, hair type, or a protective hairstyle that is commonly or historically associated with race.            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.    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.       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.    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.      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:   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;     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     Part 2 of article 63 of this title 22, concerning the employment of licensed personnel.       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:   School accountability committees as described in section 22-11-401;    The assessments required to be administered pursuant to section 22-7-1006.3;    The school performance reports pursuant to part 5 of article 11 of this title;    The provisions of the “Public School Finance Act of 1994”, article 54 of this title 22;    The “Children's Internet Protection Act”, article 87 of this title 22;    The requirement to post on the internet the statutes for which waivers are granted as provided in section 22-44-305;    Any provisions of section 22-1-130 relating to notification to parents of alleged criminal conduct by institute charter school employees;    Section 22-33-106.1 concerning suspension and expulsion of students in preschool through second grade; or    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, or a protective hairstyle that is commonly or historically associated with race.       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.         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.    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).       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.    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.    An institute charter school may apply for authorization as a school food authority pursuant to section 22-32-120.    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.    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.    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.     History. Source: L. 2004: (7) amended, p. 1592, § 27, effective June 3; entire part added, p. 1604, § 1, effective July 1. L. 2007: (9) amended, p. 1089, § 14, effective July 1. L. 2008: (1)(c) added, p. 492, § 7, effective April 17; (3) amended, p. 1601, § 22, effective May 29. L. 2009: (8)(b) amended and (11) added,(SB 09-230), ch. 227, p. 1034, § 6, effective May 4; (2)(c) and (7) amended,(SB 09-163), ch. 293, p. 1539, § 35, effective May 21; (7) amended,(SB 09-090), ch. 291, p. 1446, § 23, effective August 5. L. 2010: (8)(b) amended,(SB 10-111), ch. 170, p. 599, § 2, effective August 11; (8)(b) amended,(SB 10-161), ch. 250, p. 1115, § 2, effective August 11. L. 2011: (8)(b) amended,(HB 11-1277), ch. 306, p. 1504, § 34, effective August 10. L. 2012: (7) amended,(SB 12-121), ch. 177, p. 638, § 7, effective May 11; (9) amended,(HB 12-1240), ch. 258, p. 1317, § 31, effective June 4; (4) amended,(SB 12-067), ch. 131, p. 451, § 6, effective August 8. L. 2013: (12) added,(HB 13-1219), ch. 104, p. 363, § 10, effective August 7. L. 2014: (7) amended,(HB 14-1292), ch. 243, p. 905, § 8, effective May 21. L. 2015: (7)(b)(II) amended,(HB 15-1323), ch. 204, p. 724, § 31, effective May 20. L. 2017: (7)(a), (7)(b)(IV), and (7)(b)(V) amended and (7)(b)(VI) added,(HB 17-1375), ch. 287, p. 1597, § 8, effective June 2; (13) added,(HB 17-1301), ch. 201, p. 746, § 3, effective August 9. L. 2018: (7)(b)(V) and (7)(b)(VI) amended and (7)(b)(VII) added,(HB 18-1269), ch. 268, p. 1654, § 4, effective August 15. L. 2019: (14) added,(SB 19-057), ch. 35, p. 114, § 4, effective August 2; (7)(b)(VI) and (7)(b)(VII) amended and (7)(b)(VIII) added,(HB 19-1194), ch.160, p. 1888, § 7, effective July 1, 2020. L. 2020: (3), (7)(b)(VII), and (7)(b)(VIII) amended and (7)(b)(IX) added,(HB 20-1048), ch. 8, p. 16, § 5, effective September 14. L. 2021: (3)(a) amended,(HB 21-1108), ch. 156, p. 892, § 23, effective September 7.    Editor's note:    Amendments to subsection (7) by Senate Bill 09-090 and Senate Bill 09-163 were harmonized.    Amendments to subsection (8)(b) by Senate Bill 10-111 and Senate Bill 10-161 were harmonized.     Cross references:    For the legislative declaration contained in the 2008 act amending subsection (3), see section 1 of chapter 341, Session Laws of Colorado 2008. For the legislative declaration in HB 19-1194, see section 1 of chapter 160, Session Laws of Colorado 2019. For the legislative declaration in HB 21-1108, see section 1 of chapter 156, Session Laws of Colorado 2021.    For the short title (“Student Success Act”) in HB 14-1292, see section 1 of chapter 243, Session Laws of Colorado 2014.    For the short title (“Creating a Respectful and Open World for Natural Hair Act of 2020” or the “CROWN Act of 2020”) and the legislative declaration in HB 20-1048, see sections 1 and 2 of chapter 8, Session Laws of Colorado 2020.