CO Code § 22-30.5-106 (2021)
2021 Colorado Code|Title 22 - Education|Article 30.5 - Charter Schools|Part 1 - Charter Schools Act|§ 22-30.5-106. Charter Application - Contents

  The charter school application is a proposed agreement upon which the charter applicant and the chartering local board of education negotiate a charter contract. At a minimum, each charter school application includes:   An executive summary that outlines the elements of the application and provides an overview of the proposed charter school;    The vision and mission statements of the proposed charter school;    The goals, objectives, and student performance standards the proposed charter school expects to achieve, including but not limited to the performance indicators specified in section 22-11-204 and applicable standards and goals specified in federal law;    Evidence that an adequate number of parents and pupils support the formation of a charter school;    Descriptions of the proposed charter school's educational program, student performance standards, and curriculum;    A plan for evaluating student performance across the curriculum, which plan aligns with the proposed charter school's mission and educational objectives and provides a description of the proposed charter school's measurable annual targets for the measures used to determine the levels of attainment of the performance indicators specified in section 22-11-204, and procedures for taking corrective action if student performance at the school falls below the described targets;    Evidence that the plan for the proposed charter school is economically sound, including a proposed budget for a term of at least five years. The charter application shall also describe the method for obtaining an independent annual audit of the proposed charter school's financial statements consistent with generally accepted auditing standards and circular A-133 of the United States office of management and budget, as originally published in the federal register of June 30, 1997, and as subsequently amended.    A description of the governance and operation of the proposed charter school, including the nature and extent of parental, professional educator, and community involvement in the governance and operation of the proposed charter school, that is consistent with the standards adopted by rule of the state board pursuant to section 22-2-106 (1)(h);    An explanation of the relationship that will exist between the proposed charter school and its employees and the proposed charter school's employment policies or a plan for the timely development of employment policies;    A proposal regarding the parties' respective legal liabilities and applicable insurance coverage, which insurance coverage shall include, at a minimum, workers' compensation, liability insurance, and insurance for the proposed charter school's facility and its contents;    The proposed charter school's expectations and plans for ongoing parent and community involvement;    A description of the proposed charter school's enrollment policy, consistent with the requirements of section 22-30.5-104 (3) and rules adopted by the state board pursuant to section 22-2-106 (1)(h), and the criteria for enrollment decisions;    A statement of whether the proposed charter school plans to address the transportation or food service needs of its students while they are attending the school. The proposed charter school may choose not to provide transportation or food services, may choose to develop or form a charter school collaborative as described in section 22-30.5-603 to provide transportation or food services, or may choose to negotiate with a school district, board of cooperative services, or private provider to provide transportation or food services for its students. If the proposed charter school chooses to provide transportation or food services, the application shall include a plan for each provided service, which plan, at a minimum, shall specifically address serving the needs of low-income students, complying with insurance and liability issues, and complying with any applicable state or federal rules or regulations.    A facilities plan that details viable facilities options that are consistent with section 22-32-124 and the reasonable costs of the facility, which are reflected in the proposed budget;    A list of the waivers of statute, state rule, and school district policies that the proposed charter school is requesting. For each requested waiver of a statute or state rule that is not an automatic waiver, the charter school application must state the rationale for the requested waiver and the manner in which the proposed charter school plans to meet the intent of the waived statute, rule, or policy.    Policies regarding student discipline, expulsion, and suspension that are consistent with the intent and purpose of sections 22-33-106 and .1, provide adequately for the safety of students and staff, and provide a level of due process for students that, at a minimum, complies with the requirements of the federal “Individuals with Disabilities Education Act”, 20 U.S.C. sec. 1400 et seq.;    A plan for serving students with special needs, including budget and staff requirements, which plan shall include identifying and meeting the learning needs of at-risk students, students with disabilities, gifted and talented students, and English language learners;    A dispute resolution process, as provided in section 22-30.5-107.5; and    If the proposed charter school intends to contract with an education management provider:   A summary of the performance data for all of the schools the education management provider is managing at the time of the application or has managed previously, including documentation of academic achievement and school management success;    An explanation of and evidence demonstrating the education management provider's capacity for successful expansion while maintaining quality in the schools it is managing;    An explanation of any existing or potential conflicts of interest between the governing board of the proposed charter school and the education management provider; and    A copy of the actual or proposed performance contract between the governing board for the proposed charter school and the education management provider that specifies, at a minimum, the following material terms:   Performance evaluation measures;    The methods of contract oversight and enforcement that the governing board will apply;    The compensation structure and all fees that the proposed charter school will pay to the education management provider; and    The conditions for contract renewal and termination.             No person, group, or organization may submit an application to convert a private school or a nonpublic home-based educational program into a charter school or to create a charter school which is a nonpublic home-based educational program as defined in section 22-33-104.5.    A charter applicant is not required to provide personal identifying information concerning any parent, teacher, or prospective pupil prior to the time that the charter contract is approved by both parties and either the charter school actually employs the teacher or the pupil actually enrolls in the charter school, whichever is applicable. A charter school applicant shall provide, upon request of the chartering school district, aggregate information concerning the grade levels and schools in which prospective pupils are enrolled.     History. Source: L. 93: Entire article added, p. 1054, § 1, effective June 3. L. 94: (1)(l) added, p. 1379, § 3, effective May 25. L. 96: (1)(d) repealed and (1)(i.5) added, p. 753, §§ 3, 4, effective May 22. L. 97: (1)(e) amended, p. 586, § 15, effective April 30. L. 99: (1)(m) and (3) added, pp. 1255, 1256, §§ 2, 4, effective June 2. L. 2004: Entire section amended, p. 1575, § 5, effective June 3. L. 2005: (1)(k) amended, p. 1508, § 3, effective June 9. L. 2009: (1)(b), (1)(e), and (1)(f) amended,(SB 09-163), ch. 293, p. 1535, § 27, effective May 21. L. 2012: (1) R&RE,(SB 12-061), ch. 109, p. 372, § 1, effective April 13. L. 2014: (1)(o) amended,(HB 14-1292), ch. 243, p. 904, § 6, effective May 21. L. 2019: (1)(p) amended,(HB 19-1194), ch. 160, p. 1888, § 5, effective July 1, 2020.    Cross references:    For the legislative declaration contained in the 1999 act enacting subsections (1)(m) and (3), see section 1 of chapter 302, Session Laws of Colorado 1999. For the legislative declaration in HB 19-1194, see section 1 of chapter 160, Session Laws of Colorado 2019.    For the short title (“Student Success Act”) in HB 14-1292, see section 1 of chapter 243, Session Laws of Colorado 2014.     ANNOTATION   The governing policy provisions of a charter contract are made up of the charter school application and all agreements and requests releasing the charter school from school district policies. Acad. of Charter Schs. v. Adams Cty. Sch. Dist. No. 12, 32 P.3d 456 (Colo. 2001).   Applied in Acad. of Charter Schs. v. Adams Cty. Sch. Dist. No. 12, 994 P.2d 442 (Colo. App. 1999), aff'd in part and rev'd in part on other grounds, 32 P.3d 456 (Colo. 2001).