2023 Colorado Revised Statutes › Title 22 - EDUCATION (§§ 22-1-101 — 22-108-109) › SCHOOL DISTRICTS (§§ 22-30-101 — 22-38-115) › Article 32.5 - INNOVATION SCHOOLS AND INNOVATION SCHOOL ZONES WITHIN SCHOOL DISTRICTS (§§ 22-32.5-101 — 22-32.5-111) › Section 22-32.5-108 - District of innovation - waiver of statutory and regulatory requirements

(1)
Upon designation of a district of innovation, the state board shall waive any statutes or rules specified in the school district's innovation plan as they pertain to the innovation schools or innovation school zones of the district of innovation; except that the state board shall not waive:
(a)
Any statutes specified in section
22-2-117 (1)(b)
;
(b)
Any provision of article
64
of this title; or
(c)
Any statutes that are not included in this title, including but not limited to article
51
of title
24
, C.R.S.
(2)
Each district of innovation continues to be subject to all statutes and rules that are not waived by the state board pursuant to subsection (1) of this section, including but not limited to all statutes and rules concerning implementation of:
(a)
The state assessment requirements specified in section
22-7-1006.3
;
(b)
Article
11
of this title; and
(c)
The requirements of the federal "No Child Left Behind Act of 2001",
20 U.S.C. sec. 6301
et seq.
(3)
Designation as a district of innovation must not affect a school district's:
(a)
Total program funding calculated pursuant to the "Public School Finance Act of 2025", article 54 of this title 22; or
(b)
Eligibility for funding under, or the amount received through, a categorical program, as defined in section
22-55-102 (4)
.
(4)
Each district of innovation that receives a waiver pursuant to this section shall specify the manner in which the innovation school or the schools within the innovation school zone shall comply with the intent of the waived statutes or rules and shall be accountable to the state for such compliance.
(5)
(a)
If the local school board for a district of innovation revises an innovation plan as provided in section
22-32.5-110
, the local school board may request additional waivers or changes to existing waivers as necessary to accommodate the revisions to the innovation plan, and the state board shall grant the additional waivers or changes to existing waivers if it determines that the new or changed waivers would enhance educational opportunity, standards, and quality within the innovation schools or innovation school zones of the district of innovation and are fiscally feasible. In requesting a new waiver or a change to an existing waiver, the local school board shall demonstrate the consent of a majority of the teachers and a majority of the administrators employed at and a majority of the school advisory committee for each public school that is affected by the new or changed waiver.
(b)
Except as otherwise provided in paragraph (a) of this subsection (5), a waiver that is granted pursuant to this section shall continue to apply to a public school so long as the public school continues to be designated as an innovation school or included in an innovation school zone.
Amended by 2024 Ch. 236,§ 44, eff. 5/23/2024.
Amended by 2017 Ch. 343, § 2, eff. 8/9/2017.
Amended by 2015 Ch. 204, § 35, eff. 5/20/2015.
L. 2008: Entire article added, p. 1427, § 1, effective May 28. L. 2009: (2)(b) amended, (SB 09 -163), ch. 293, p. 1543, § 45, effective May 21. L. 2015: IP(2) and (2)(a) amended, (HB 15-1323), ch. 204, p. 725, § 35, effective May 20. L. 2017: (5)(a) amended, (HB 17-1271), ch. 343, p. 1813, § 2, effective August 9.