Ch. 227 Education - Public Schools
227
_______________
EDUCATION - PUBLIC SCHOOLS
_______________
SENATE BILL 93-183
BY SENATORS Owens, Trujillo, Bird, Blickensderfer, Johnson, Roberts, Ruddick, Schaffer, Schroeder, Meiklejohn, Mutzebaugh,
Norton, and Tebedo;
also REPRESENTATIVES Kerns, Agler, Anderson, Reeves, Adkins, Berry, Coffman, Dyer, Foster, Hagedorn, Jerke, Kaufman,
Lawrence, May, Owen, Ratterree, and Sullivan.
AN ACT
C
ONCERNING CHARTER SCHOOLS
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1.
Title 22, Colorado Revised Statutes, 1988 Repl. Vol., as amended,
is amended BY THE ADDITION OF A NEW ARTICLE to read:
ARTICLE 30.5
Charter Schools
22-30.5-101. Short title.
T
HIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE
"C
HARTER
S
CHOOLS
A
CT
".
22-30.5-102. Legislative declaration.
(1)
T
HE GENERAL ASSEMBLY HEREBY
FINDS AND DECLARES THAT
:
(a) I
T IS THE OBLIGATION OF ALL
C
OLORADANS TO PROVIDE ALL CHILDREN WITH
SCHOOLS THAT REFLECT HIGH EXPECTATIONS AND CREATE CONDITIONS IN ALL
SCHOOLS WHERE THESE EXPECTATIONS CAN BE MET
;
(b) E
DUCATION REFORM IS IN THE BEST INTERESTS OF THE STATE IN ORDER TO
STRENGTHEN THE PERFORMANCE OF ELEMENTARY AND SECONDARY PUBLIC SCHOOL
PUPILS
,
THAT THE BEST EDUCATION DECISIONS ARE MADE BY THOSE WHO KNOW THE
STUDENTS BEST AND WHO ARE RESPONSIBLE FOR IMPLEMENTING THE DECISIONS
,
AND
,
THEREFORE
,
THAT EDUCATORS AND PARENTS HAVE A RIGHT AND A RESPONSIBILITY
TO PARTICIPATE IN THE EDUCATION INSTITUTIONS WHICH SERVE THEM
;
Education - Public Schools Ch. 227
(c) D
IFFERENT PUPILS LEARN DIFFERENTLY AND PUBLIC SCHOOL PROGRAMS
SHOULD BE DESIGNED TO FIT THE NEEDS OF INDIVIDUAL PUPILS AND THAT THERE ARE
EDUCATORS
,
CITIZENS
,
AND PARENTS IN
C
OLORADO WHO ARE WILLING AND ABLE TO
OFFER INNOVATIVE PROGRAMS
,
EDUCATIONAL TECHNIQUES
,
AND ENVIRONMENTS BUT
WHO LACK A CHANNEL THROUGH WHICH THEY CAN DIRECT THEIR INNOVATIVE
EFFORTS
.
(2)
T
HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT THIS ARTICLE IS
ENACTED FOR THE FOLLOWING PURPOSES
:
(a) T
O IMPROVE PUPIL LEARNING BY CREATING SCHOOLS WITH HIGH
,
RIGOROUS
STANDARDS FOR PUPIL PERFORMANCE
;
(b) T
O INCREASE LEARNING OPPORTUNITIES FOR ALL PUPILS
,
WITH SPECIAL
EMPHASIS ON EXPANDED LEARNING EXPERIENCES FOR PUPILS WHO ARE IDENTIFIED AS
ACADEMICALLY LOW
-
ACHIEVING
;
(c) T
O ENCOURAGE DIVERSE APPROACHES TO LEARNING AND EDUCATION AND THE
USE OF DIFFERENT AND INNOVATIVE TEACHING METHODS
;
(d) T
O ALLOW THE DEVELOPMENT OF DIFFERENT AND INNOVATIVE FORMS OF
MEASURING PUPIL LEARNING AND ACHIEVEMENT
;
(e) T
O CREATE NEW PROFESSIONAL OPPORTUNITIES FOR TEACHERS
,
INCLUDING THE
OPPORTUNITY TO BE RESPONSIBLE FOR THE LEARNING PROGRAM AT THE SCHOOL SITE
;
(f) T
O PROVIDE PARENTS AND PUPILS WITH EXPANDED CHOICES IN THE TYPES OF
EDUCATION OPPORTUNITIES THAT ARE AVAILABLE WITHIN THE PUBLIC SCHOOL
SYSTEM
;
(g) T
O ENCOURAGE PARENTAL AND COMMUNITY INVOLVEMENT WITH PUBLIC
SCHOOLS
;
(h) T
O HOLD CHARTER SCHOOLS ACCOUNTABLE FOR MEETING STATE BOARD AND
SCHOOL DISTRICT CONTENT STANDARDS AND TO PROVIDE SUCH SCHOOLS WITH A
METHOD TO CHANGE ACCOUNTABILITY SYSTEMS
.
(3)
I
N AUTHORIZING CHARTER SCHOOLS
,
IT IS THE INTENT OF THE GENERAL
ASSEMBLY TO CREATE A LEGITIMATE AVENUE FOR PARENTS
,
TEACHERS
,
AND
COMMUNITY MEMBERS TO TAKE RESPONSIBLE RISKS AND CREATE NEW
,
INNOVATIVE
,
AND MORE FLEXIBLE WAYS OF EDUCATING ALL CHILDREN WITHIN THE PUBLIC SCHOOL
SYSTEM
.
T
HE GENERAL ASSEMBLY SEEKS TO CREATE AN ATMOSPHERE IN
C
OLORADO
'
S PUBLIC SCHOOL SYSTEMS WHERE RESEARCH AND DEVELOPMENT IN
DEVELOPING DIFFERENT LEARNING OPPORTUNITIES IS ACTIVELY PURSUED
.
A
S SUCH
,
THE PROVISIONS OF THIS ARTICLE SHOULD BE INTERPRETED LIBERALLY TO SUPPORT
THE FINDINGS AND GOALS OF THIS SECTION AND TO ADVANCE A RENEWED
COMMITMENT BY THE STATE OF
C
OLORADO TO THE MISSION
,
GOALS
,
AND DIVERSITY
OF PUBLIC EDUCATION
.
22-30.5-103. Definitions.
(1) F
OR PURPOSES OF THIS ARTICLE
:
Ch. 227 Education - Public Schools
(a) "A
T
-
RISK PUPIL
"
MEANS A PUPIL WHO
,
BECAUSE OF PHYSICAL
,
EMOTIONAL
,
SOCIOECONOMIC
,
OR CULTURAL FACTORS
,
IS LESS LIKELY TO SUCCEED IN A
CONVENTIONAL EDUCATIONAL ENVIRONMENT
.
(b) "L
OCAL BOARD OF EDUCATION
"
MEANS THE SCHOOL DISTRICT BOARD OF
EDUCATION
.
(c) "S
TATE BOARD
"
MEANS THE STATE BOARD OF EDUCATION
.
22-30.5-104. Charter school - requirements - authority.
(1)
A
CHARTER
SCHOOL SHALL BE A PUBLIC
,
NONSECTARIAN
,
NONRELIGIOUS
,
NON
-
HOME
-
BASED
SCHOOL WHICH OPERATES WITHIN A PUBLIC SCHOOL DISTRICT
.
(2)
A
CHARTER SCHOOL SHALL BE A PUBLIC SCHOOL WHICH IS PART OF THE SCHOOL
DISTRICT IN WHICH IT IS LOCATED AND SHALL BE ACCOUNTABLE TO THE LOCAL BOARD
OF EDUCATION FOR PURPOSES OF ENSURING COMPLIANCE WITH APPLICABLE LAWS AND
CHARTER PROVISIONS AND THE REQUIREMENT OF SECTION
15
OF ARTICLE
IX
OF THE
STATE CONSTITUTION
.
(3) A
CHARTER SCHOOL SHALL BE SUBJECT TO ALL FEDERAL AND STATE LAWS AND
CONSTITUTIONAL PROVISIONS PROHIBITING DISCRIMINATION ON THE BASIS OF
DISABILITY
,
RACE
,
CREED
,
COLOR
,
GENDER
,
NATIONAL ORIGIN
,
RELIGION
,
ANCESTRY
,
OR NEED FOR SPECIAL EDUCATION SERVICES
.
A
CHARTER SCHOOL SHALL BE SUBJECT
TO ANY COURT
-
ORDERED DESEGREGATION PLAN IN EFFECT FOR THE SCHOOL DISTRICT
.
E
NROLLMENT MUST BE OPEN TO ANY CHILD WHO RESIDES WITHIN THE SCHOOL
DISTRICT
.
(4)
A
CHARTER SCHOOL SHALL BE ADMINISTERED AND GOVERNED BY A GOVERNING
BODY IN A MANNER AGREED TO BY THE CHARTER SCHOOL APPLICANT AND THE LOCAL
BOARD OF EDUCATION
.
(5)
E
XCEPT AS OTHERWISE PROVIDED IN SECTIONS
22-32-115
AND
22-53-104,
A
CHARTER SCHOOL SHALL NOT CHARGE TUITION
.
(6) P
URSUANT TO CONTRACT
,
A CHARTER SCHOOL MAY OPERATE FREE FROM
SPECIFIED SCHOOL DISTRICT POLICIES AND STATE REGULATIONS
.
U
PON REQUEST OF
THE CHARTER APPLICANT
,
THE STATE BOARD AND THE LOCAL BOARD OF EDUCATION
SHALL PROVIDE SUMMARIES OF SUCH REGULATIONS AND POLICIES TO USE IN
PREPARING A CHARTER SCHOOL APPLICATION
.
T
HE DEPARTMENT OF EDUCATION
SHALL PREPARE THE SUMMARY OF STATE REGULATIONS WITHIN EXISTING
APPROPRIATIONS
.
(7) (a) A
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) A
CHARTER SCHOOL MAY NEGOTIATE AND CONTRACT WITH A
SCHOOL DISTRICT
,
THE GOVERNING BODY OF A STATE COLLEGE OR UNIVERSITY
,
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 WHICH THE CHARTER SCHOOL IS REQUIRED TO PERFORM IN ORDER TO
Education - Public Schools Ch. 227
CARRY OUT THE EDUCATIONAL PROGRAM DESCRIBED IN ITS CHARTER
.
A
NY SERVICES
FOR WHICH A CHARTER SCHOOL CONTRACTS WITH A SCHOOL DISTRICT SHALL BE
PROVIDED BY THE DISTRICT AT COST
.
(c) I
N NO EVENT SHALL A CHARTER SCHOOL BE REQUIRED TO PAY RENT FOR SPACE
WHICH IS DEEMED AVAILABLE
,
AS NEGOTIATED BY CONTRACT
,
IN SCHOOL DISTRICT
FACILITIES
.
A
LL OTHER COSTS FOR THE OPERATION AND MAINTENANCE OF THE
FACILITIES USED BY THE CHARTER SCHOOL SHALL BE SUBJECT TO NEGOTIATION
BETWEEN THE CHARTER SCHOOL AND THE SCHOOL DISTRICT
.
22-30.5-105. Charter schools - contract contents - regulations.
(1) A
N
APPROVED CHARTER APPLICATION SHALL CONSTITUTE AN AGREEMENT
,
AND THE
TERMS THEREOF SHALL BE THE TERMS OF A CONTRACT BETWEEN THE CHARTER
SCHOOL AND THE LOCAL BOARD OF EDUCATION
.
(2)
T
HE CONTRACT BETWEEN THE CHARTER SCHOOL AND THE LOCAL BOARD OF
EDUCATION SHALL REFLECT ALL AGREEMENTS REGARDING THE RELEASE OF THE
CHARTER SCHOOL FROM SCHOOL DISTRICT POLICIES
.
(3)
T
HE CONTRACT BETWEEN THE CHARTER SCHOOL AND THE LOCAL BOARD OF
EDUCATION SHALL REFLECT ALL REQUESTS FOR RELEASE OF THE CHARTER SCHOOL
FROM STATE REGULATIONS
.
T
HE LOCAL BOARD OF EDUCATION AND THE CHARTER
SCHOOL SHALL JOINTLY REQUEST SUCH RELEASE FROM THE STATE BOARD
.
(4)
A
MATERIAL REVISION OF THE TERMS OF THE CONTRACT MAY BE MADE ONLY
WITH THE APPROVAL OF THE LOCAL BOARD OF EDUCATION AND THE GOVERNING
BODY OF THE CHARTER SCHOOL
.
22-30.5-106. Charter application - contents.
(1)
T
HE CHARTER SCHOOL
APPLICATION SHALL BE A PROPOSED AGREEMENT AND SHALL INCLUDE
:
(a) T
HE MISSION STATEMENT OF THE CHARTER SCHOOL
,
WHICH MUST BE
CONSISTENT WITH THE PRINCIPLES OF THE GENERAL ASSEMBLY
'
S DECLARED PURPOSES
AS SET FORTH IN SECTION
22-30.5-102
(2)
AND
(3);
(b) T
HE GOALS
,
OBJECTIVES
,
AND PUPIL PERFORMANCE STANDARDS TO BE
ACHIEVED BY THE CHARTER SCHOOL
;
(c) E
VIDENCE THAT AN ADEQUATE NUMBER OF PARENTS
,
TEACHERS
,
PUPILS
,
OR
ANY COMBINATION THEREOF SUPPORT THE FORMATION OF A CHARTER SCHOOL
;
(d) A
STATEMENT OF THE NEED FOR A CHARTER SCHOOL IN A SCHOOL DISTRICT OR
IN A GEOGRAPHIC AREA WITHIN A SCHOOL DISTRICT
;
(e) A
DESCRIPTION OF THE CHARTER SCHOOL
'
S EDUCATIONAL PROGRAM
,
PUPIL
PERFORMANCE STANDARDS
,
AND CURRICULUM
,
WHICH MUST MEET OR EXCEED ANY
CONTENT STANDARDS ADOPTED BY THE SCHOOL DISTRICT IN WHICH THE CHARTER
SCHOOL IS LOCATED AND MUST BE DESIGNED TO ENABLE EACH PUPIL TO ACHIEVE
SUCH STANDARDS
;
(f) A
DESCRIPTION OF THE CHARTER SCHOOL
'
S PLAN FOR EVALUATING PUPIL
Ch. 227 Education - Public Schools
PERFORMANCE
,
THE TYPES OF ASSESSMENTS THAT WILL BE USED TO MEASURE PUPIL
PROGRESS TOWARDS ACHIEVEMENT OF THE SCHOOL
'
S PUPIL PERFORMANCE
STANDARDS
,
THE TIMELINE FOR ACHIEVEMENT OF SUCH STANDARDS
,
AND THE
PROCEDURES FOR TAKING CORRECTIVE ACTION IN THE EVENT THAT PUPIL
PERFORMANCE AT THE CHARTER SCHOOL FALLS BELOW SUCH STANDARDS
;
(g) E
VIDENCE THAT THE PLAN FOR THE CHARTER SCHOOL IS ECONOMICALLY SOUND
FOR BOTH THE CHARTER SCHOOL AND THE SCHOOL DISTRICT
,
A PROPOSED BUDGET
FOR THE TERM OF THE CHARTER
,
A DESCRIPTION OF THE MANNER IN WHICH AN
ANNUAL AUDIT OF THE FINANCIAL AND ADMINISTRATIVE OPERATIONS OF THE CHARTER
SCHOOL
,
INCLUDING ANY SERVICES PROVIDED BY THE SCHOOL DISTRICT
,
IS TO BE
CONDUCTED
,
AND A PLAN FOR THE DISPLACEMENT OF PUPILS
,
TEACHERS
,
AND OTHER
EMPLOYEES WHO WILL NOT ATTEND OR BE EMPLOYED IN THE CHARTER SCHOOL
;
(h) A
DESCRIPTION OF THE GOVERNANCE AND OPERATION OF THE CHARTER
SCHOOL
,
INCLUDING THE NATURE AND EXTENT OF PARENTAL
,
PROFESSIONAL
EDUCATOR
,
AND COMMUNITY INVOLVEMENT IN THE GOVERNANCE AND OPERATION OF
THE CHARTER SCHOOL
;
(i) A
N EXPLANATION OF THE RELATIONSHIP THAT WILL EXIST BETWEEN THE
PROPOSED CHARTER SCHOOL AND ITS EMPLOYEES
,
INCLUDING EVIDENCE THAT THE
TERMS AND CONDITIONS OF EMPLOYMENT HAVE BEEN ADDRESSED WITH AFFECTED
EMPLOYEES AND THEIR RECOGNIZED REPRESENTATIVE
,
IF ANY
;
(j) A
N AGREEMENT BETWEEN THE PARTIES REGARDING THEIR RESPECTIVE LEGAL
LIABILITY AND APPLICABLE INSURANCE COVERAGE
;
(k) A
DESCRIPTION OF HOW THE CHARTER SCHOOL PLANS TO MEET THE
TRANSPORTATION NEEDS OF ITS PUPILS AND
,
IF THE CHARTER SCHOOL PLANS TO
PROVIDE TRANSPORTATION FOR PUPILS
,
A PLAN FOR ADDRESSING THE
TRANSPORTATION NEEDS OF LOW
-
INCOME AND ACADEMICALLY LOW
-
ACHIEVING
PUPILS
.
(2)
N
O PERSON
,
GROUP
,
OR ORGANIZATION MAY SUBMIT AN APPLICATION TO
CONVERT A PRIVATE SCHOOL OR A NON
-
PUBLIC HOME
-
BASED EDUCATIONAL PROGRAM
INTO A CHARTER SCHOOL OR TO CREATE A CHARTER SCHOOL WHICH IS A NON
-
PUBLIC
HOME
-
BASED EDUCATIONAL PROGRAM AS DEFINED IN SECTION
22-33-104.5.
22-30.5-107. Charter application - process.
(1)
T
HE LOCAL BOARD OF
EDUCATION SHALL RECEIVE AND REVIEW ALL APPLICATIONS FOR CHARTER SCHOOLS
.
T
HE LOCAL BOARD OF EDUCATION MAY ESTABLISH A SCHEDULE FOR RECEIVING
APPLICATIONS AND SHALL MAKE A COPY OF ANY SUCH SCHEDULE AVAILABLE TO ALL
INTERESTED PARTIES UPON REQUEST
.
I
F SUCH BOARD FINDS THE CHARTER SCHOOL
APPLICATION IS INCOMPLETE
,
THE BOARD SHALL REQUEST THE NECESSARY
INFORMATION FROM THE CHARTER APPLICANT
.
T
HE CHARTER SCHOOL APPLICATION
SHALL BE REVIEWED BY THE DISTRICT ACCOUNTABILITY COMMITTEE PRIOR TO
CONSIDERATION BY THE LOCAL BOARD OF EDUCATION
.
(2)
A
FTER GIVING REASONABLE PUBLIC NOTICE
,
THE LOCAL BOARD OF EDUCATION
SHALL HOLD COMMUNITY MEETINGS IN THE AFFECTED AREAS OR THE ENTIRE SCHOOL
DISTRICT TO OBTAIN INFORMATION TO ASSIST THE LOCAL BOARD OF EDUCATION IN ITS
Education - Public Schools Ch. 227
DECISION TO GRANT A CHARTER SCHOOL APPLICATION
.
T
HE LOCAL BOARD OF
EDUCATION SHALL RULE ON THE APPLICATION FOR A CHARTER SCHOOL IN A PUBLIC
HEARING
,
UPON REASONABLE PUBLIC NOTICE
,
WITHIN SIXTY DAYS AFTER RECEIVING
THE APPLICATION
.
(3)
I
F A LOCAL BOARD OF EDUCATION DENIES A CHARTER SCHOOL APPLICATION
,
THE CHARTER APPLICANT MAY APPEAL THE DENIAL TO THE STATE BOARD PURSUANT
TO SECTION
22-30.5-108.
22-30.5-108. Appeal - standard of review - procedures.
(1) A
CTING
PURSUANT TO ITS SUPERVISORY POWER AS PROVIDED IN SECTION
1
OF ARTICLE
IX
OF
THE STATE CONSTITUTION
,
THE STATE BOARD
,
UPON RECEIPT OF A NOTICE OF APPEAL
OR UPON ITS OWN MOTION
,
MAY REVIEW DECISIONS OF ANY LOCAL BOARD OF
EDUCATION CONCERNING CHARTER SCHOOLS IN ACCORDANCE WITH THE PROVISIONS
OF THIS SECTION
.
(2) A
CHARTER APPLICANT OR ANY OTHER PERSON WHO WISHES TO APPEAL A
DECISION OF A LOCAL BOARD OF EDUCATION CONCERNING A CHARTER SCHOOL SHALL
PROVIDE THE STATE BOARD AND THE LOCAL BOARD OF EDUCATION WITH A NOTICE OF
APPEAL WITHIN THIRTY DAYS OF THE LOCAL BOARD
'
S DECISION
.
(3) I
F THE NOTICE OF APPEAL
,
OR THE MOTION TO REVIEW BY THE STATE BOARD
,
RELATES TO A LOCAL BOARD
'
S DECISION TO DENY
,
REFUSE TO RENEW
,
OR REVOKE A
CHARTER
,
THE APPEAL AND REVIEW PROCESS SHALL BE AS FOLLOWS
:
(a) W
ITHIN THIRTY DAYS AFTER RECEIPT OF THE NOTICE OF APPEAL OR THE
MAKING OF A MOTION TO REVIEW BY THE STATE BOARD AND AFTER REASONABLE
PUBLIC NOTICE
,
THE STATE BOARD
,
AT A PUBLIC HEARING WHICH MAY BE HELD IN THE
DISTRICT WHERE THE PROPOSED CHARTER SCHOOL IS LOCATED
,
SHALL REVIEW THE
DECISION OF THE LOCAL BOARD OF EDUCATION AND MAKE ITS FINDINGS
.
I
F THE STATE
BOARD FINDS THAT THE LOCAL BOARD
'
S DECISION WAS CONTRARY TO THE BEST
INTERESTS OF THE PUPILS
,
SCHOOL DISTRICT
,
OR COMMUNITY
,
THE STATE BOARD
SHALL REMAND SUCH DECISION TO THE LOCAL BOARD OF EDUCATION WITH WRITTEN
INSTRUCTIONS FOR RECONSIDERATION THEREOF
.
S
AID INSTRUCTIONS SHALL INCLUDE
SPECIFIC RECOMMENDATIONS CONCERNING THE MATTERS REQUIRING
RECONSIDERATION
.
(b) W
ITHIN THIRTY DAYS FOLLOWING THE REMAND OF A DECISION TO THE LOCAL
BOARD OF EDUCATION AND AFTER REASONABLE PUBLIC NOTICE
,
THE LOCAL BOARD
OF EDUCATION
,
AT A PUBLIC HEARING
,
SHALL RECONSIDER ITS DECISION AND MAKE
A FINAL DECISION
.
(c) I
F THE LOCAL BOARD OF EDUCATION
'
S FINAL DECISION IS STILL TO DENY
,
REFUSE
TO RENEW
,
OR REVOKE A CHARTER
,
A SECOND NOTICE OF APPEAL MAY BE FILED WITH
THE STATE BOARD WITHIN THIRTY DAYS FOLLOWING SUCH FINAL DECISION
.
(d) W
ITHIN THIRTY DAYS FOLLOWING RECEIPT OF THE SECOND NOTICE OF APPEAL
OR THE MAKING OF A MOTION FOR A SECOND REVIEW BY THE STATE BOARD AND AFTER
REASONABLE PUBLIC NOTICE
,
THE STATE BOARD
,
AT A PUBLIC HEARING
,
SHALL
DETERMINE WHETHER THE FINAL DECISION OF THE LOCAL BOARD OF EDUCATION WAS
CONTRARY TO THE BEST INTERESTS OF THE PUPILS
,
SCHOOL DISTRICT
,
OR COMMUNITY
.
Ch. 227 Education - Public Schools
I
F SUCH A FINDING IS MADE
,
THE STATE BOARD SHALL REMAND SUCH FINAL DECISION
TO THE LOCAL BOARD WITH INSTRUCTIONS TO APPROVE THE CHARTER APPLICATION
.
T
HE DECISION OF THE STATE BOARD SHALL BE FINAL AND NOT SUBJECT TO APPEAL
.
(4) I
F THE NOTICE OF APPEAL
,
OR THE MOTION TO REVIEW BY THE STATE BOARD
,
RELATES TO A LOCAL BOARD
'
S DECISION TO GRANT A CHARTER
,
THE APPEAL AND
REVIEW PROCESS SHALL BE AS FOLLOWS
:
(a) (I) W
ITHIN THIRTY DAYS AFTER RECEIPT OF THE NOTICE OF APPEAL OR THE
MAKING OF A MOTION TO REVIEW BY THE STATE BOARD AND AFTER REASONABLE
PUBLIC NOTICE
,
THE STATE BOARD
,
AT A PUBLIC HEARING WHICH MAY BE HELD IN THE
DISTRICT WHERE THE PROPOSED CHARTER SCHOOL IS LOCATED
,
SHALL REVIEW THE
DECISION OF THE LOCAL BOARD OF EDUCATION AND DETERMINE WHETHER SUCH
DECISION WAS ARBITRARY AND CAPRICIOUS OR WHETHER THE ESTABLISHMENT OR
OPERATION OF THE PROPOSED CHARTER SCHOOL WOULD
:
(A) V
IOLATE ANY FEDERAL OR STATE LAWS CONCERNING CIVIL RIGHTS
;
(B) V
IOLATE ANY COURT ORDER
;
(C) T
HREATEN THE HEALTH AND SAFETY OF PUPILS IN THE SCHOOL DISTRICT
;
(D) V
IOLATE THE PROVISIONS OF SECTION
22-30.5-109
(2),
PRESCRIBING THE
PERMISSIBLE NUMBER OF CHARTER SCHOOLS
;
OR
(E) B
E INCONSISTENT WITH THE EQUITABLE DISTRIBUTION OF CHARTER SCHOOLS
AMONG SCHOOL DISTRICTS
.
(II) I
F SUCH A DETERMINATION IS MADE
,
THE STATE BOARD SHALL REMAND SUCH
DECISION TO THE LOCAL BOARD WITH INSTRUCTIONS TO DENY THE CHARTER
APPLICATION
.
T
HE DECISION OF THE STATE BOARD SHALL BE FINAL AND NOT SUBJECT
TO APPEAL
.
(5) N
OTHING IN THIS SECTION SHALL BE CONSTRUED TO ALTER THE REQUIREMENT
THAT A CHARTER SCHOOL BE A PART OF THE SCHOOL DISTRICT IN WHICH IT IS LOCATED
AND ACCOUNTABLE TO THE LOCAL BOARD OF EDUCATION PURSUANT TO SECTION
22-30.5-104
(2).
22-30.5-109. Charter schools - restrictions - establishment - number.
(1) S
CHOOL DISTRICTS MAY
,
BUT SHALL NOT BE OBLIGATED TO
,
ESTABLISH CHARTER
SCHOOLS PRIOR TO THE
1994-95
SCHOOL YEAR
.
A
LOCAL BOARD OF EDUCATION MAY
REASONABLY LIMIT THE NUMBER OF CHARTER SCHOOLS IN THE SCHOOL DISTRICT
.
(2) (a) N
O MORE THAN FIFTY CHARTERS SHALL BE GRANTED PRIOR TO
J
ULY
1,
1997,
AND AT LEAST THIRTEEN OF SAID FIFTY CHARTERS SHALL BE RESERVED FOR
CHARTER SCHOOL APPLICATIONS WHICH ARE DESIGNED TO INCREASE THE
EDUCATIONAL OPPORTUNITIES OF AT
-
RISK PUPILS
,
AS DEFINED IN SECTION
22-30.5-103.
(b) L
OCAL BOARDS OF EDUCATION WHICH GRANT CHARTER SCHOOL APPLICATIONS
SHALL REPORT SUCH ACTION TO THE STATE BOARD AND SHALL SPECIFY WHETHER OR
Education - Public Schools Ch. 227
NOT SUCH SCHOOL IS DESIGNED TO INCREASE THE EDUCATIONAL OPPORTUNITIES OF
AT
-
RISK PUPILS
.
T
HE STATE BOARD SHALL PROMPTLY NOTIFY THE BOARD OF
EDUCATION OF EACH SCHOOL DISTRICT WHEN THE LIMITS SPECIFIED IN PARAGRAPH
(a)
OF THIS SUBSECTION
(2)
HAVE BEEN REACHED
.
(3) I
T IS THE INTENT OF THE GENERAL ASSEMBLY THAT PRIORITY OF
CONSIDERATION BE GIVEN TO CHARTER SCHOOL APPLICATIONS DESIGNED TO INCREASE
THE EDUCATIONAL OPPORTUNITIES OF AT
-
RISK PUPILS
,
AS DEFINED IN SECTION
22-30.5-103.
(4)
I
F OTHERWISE QUALIFIED
,
NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO
PROHIBIT ANY INSTITUTION CERTIFIED AS AN EDUCATIONAL CLINIC PURSUANT TO
ARTICLE
27
OF THIS TITLE
,
ON OR BEFORE
A
PRIL
1,
1993,
FROM APPLYING TO BECOME
A CHARTER SCHOOL PURSUANT TO THIS ARTICLE
.
(5) N
OTHING IN THIS ARTICLE SHALL BE CONSTRUED TO PREVENT A SCHOOL IN A
SCHOOL DISTRICT WHICH IS COMPRISED OF ONLY ONE SCHOOL FROM APPLYING TO
BECOME A CHARTER SCHOOL PURSUANT TO THIS ARTICLE
.
22-30.5-110. Charter schools - term - renewal of charter - grounds for
nonrenewal or revocation.
(1)
A
CHARTER MAY BE APPROVED OR RENEWED FOR A
PERIOD NOT TO EXCEED FIVE ACADEMIC YEARS
.
(2)
A
CHARTER SCHOOL RENEWAL APPLICATION SUBMITTED TO THE LOCAL BOARD
OF EDUCATION SHALL CONTAIN
:
(a) A
REPORT ON THE PROGRESS OF THE CHARTER SCHOOL IN ACHIEVING THE
GOALS
,
OBJECTIVES
,
PUPIL PERFORMANCE STANDARDS
,
CONTENT STANDARDS
,
AND
OTHER TERMS OF THE INITIAL APPROVED CHARTER APPLICATION
;
AND
(b) A
FINANCIAL STATEMENT THAT DISCLOSES THE COSTS OF ADMINISTRATION
,
INSTRUCTION
,
AND OTHER SPENDING CATEGORIES FOR THE CHARTER SCHOOL THAT IS
UNDERSTANDABLE TO THE GENERAL PUBLIC AND THAT WILL ALLOW COMPARISON OF
SUCH COSTS TO OTHER SCHOOLS OR OTHER COMPARABLE ORGANIZATIONS
,
IN A
FORMAT REQUIRED BY THE STATE BOARD OF EDUCATION
.
(3)
A
CHARTER MAY BE REVOKED OR NOT RENEWED BY THE LOCAL BOARD OF
EDUCATION IF SUCH BOARD DETERMINES THAT THE CHARTER SCHOOL DID ANY OF THE
FOLLOWING
:
(a) C
OMMITTED A MATERIAL VIOLATION OF ANY OF THE CONDITIONS
,
STANDARDS
,
OR PROCEDURES SET FORTH IN THE CHARTER APPLICATION
;
(b) F
AILED TO MEET OR MAKE REASONABLE PROGRESS TOWARD ACHIEVEMENT OF
THE CONTENT STANDARDS OR PUPIL PERFORMANCE STANDARDS IDENTIFIED IN THE
CHARTER APPLICATION
;
(c) F
AILED TO MEET GENERALLY ACCEPTED STANDARDS OF FISCAL MANAGEMENT
;
OR
(d) V
IOLATED ANY PROVISION OF LAW FROM WHICH THE CHARTER SCHOOL WAS
Ch. 227 Education - Public Schools
NOT SPECIFICALLY EXEMPTED
.
(4)
I
N ADDITION
,
A CHARTER MAY BE NOT RENEWED UPON A DETERMINATION BY
THE LOCAL BOARD OF EDUCATION THAT IT IS NOT IN THE INTEREST OF THE PUPILS
RESIDING WITHIN THE SCHOOL DISTRICT TO CONTINUE THE OPERATION OF THE
CHARTER SCHOOL
.
(5)
A
DECISION TO REVOKE OR NOT TO RENEW A CHARTER MAY BE APPEALED
PURSUANT TO THE PROVISIONS OF SECTION
22-30.5-108.
22-30.5-111. Charter schools - employee options.
(1)
D
URING THE FIRST YEAR
THAT A TEACHER EMPLOYED BY A SCHOOL DISTRICT IS EMPLOYED BY A CHARTER
SCHOOL
,
SUCH TEACHER SHALL BE CONSIDERED TO BE ON A ONE
-
YEAR LEAVE OF
ABSENCE FROM THE SCHOOL DISTRICT
.
S
UCH LEAVE OF ABSENCE SHALL COMMENCE
ON THE FIRST DAY OF SERVICES FOR THE CHARTER SCHOOL
.
U
PON THE REQUEST OF
THE TEACHER
,
THE ONE
-
YEAR LEAVE OF ABSENCE SHALL BE RENEWED FOR UP TO TWO
ADDITIONAL ONE
-
YEAR PERIODS UPON THE MUTUAL AGREEMENT OF THE TEACHER
AND THE SCHOOL DISTRICT
.
A
T THE END OF THREE YEARS
,
THE RELATIONSHIP
BETWEEN THE TEACHER AND THE SCHOOL DISTRICT SHALL BE DETERMINED BY THE
SCHOOL DISTRICT AND SUCH DISTRICT SHALL PROVIDE NOTICE TO THE TEACHER OF
THE RELATIONSHIP
.
(2) T
HE LOCAL BOARD OF EDUCATION SHALL DETERMINE BY POLICY OR BY
NEGOTIATED AGREEMENT
,
IF ONE EXISTS
,
THE EMPLOYMENT STATUS OF SCHOOL
DISTRICT EMPLOYEES EMPLOYED BY THE CHARTER SCHOOL WHO SEEK TO RETURN TO
EMPLOYMENT WITH PUBLIC SCHOOLS IN THE SCHOOL DISTRICT
.
(3)
E
MPLOYEES OF A CHARTER SCHOOL SHALL BE MEMBERS OF THE
P
UBLIC
E
MPLOYEES
'
R
ETIREMENT
A
SSOCIATION OR THE
D
ENVER
P
UBLIC
S
CHOOLS
R
ETIREMENT
S
YSTEM
,
WHICHEVER IS APPLICABLE
.
T
HE CHARTER SCHOOL AND THE
TEACHER SHALL CONTRIBUTE THE APPROPRIATE RESPECTIVE AMOUNTS AS REQUIRED
BY THE FUNDS OF SUCH ASSOCIATION OR SYSTEM
.
22-30.5-112. Charter schools - financing - guidelines.
(1)
F
OR PURPOSES OF
THE
"P
UBLIC
S
CHOOL
F
INANCE
A
CT OF
1988",
ARTICLE
53
OF THIS TITLE
,
PUPILS
ENROLLED IN A CHARTER SCHOOL SHALL BE INCLUDED IN THE PUPIL ENROLLMENT OF
THE DISTRICT WITHIN WHICH THE PUPIL RESIDES
.
T
HE SCHOOL DISTRICT OF RESIDENCE
SHALL REPORT TO THE DEPARTMENT OF EDUCATION THE NUMBER OF PUPILS INCLUDED
IN THE SCHOOL DISTRICT OF RESIDENCE
'
S PUPIL ENROLLMENT THAT ARE ACTUALLY
ENROLLED IN EACH CHARTER SCHOOL
.
(2) (a) A
S PART OF THE CHARTER SCHOOL CONTRACT
,
THE CHARTER SCHOOL AND
THE SCHOOL DISTRICT SHALL AGREE ON FUNDING AND ANY SERVICES TO BE PROVIDED
BY THE SCHOOL DISTRICT TO THE CHARTER SCHOOL
.
T
HE CHARTER SCHOOL AND THE
SCHOOL DISTRICT SHALL BEGIN DISCUSSIONS ON THE CONTRACT USING EIGHTY
PERCENT OF THE DISTRICT PER PUPIL OPERATING REVENUES
.
A
S USED IN THIS
SUBSECTION
(2),
DISTRICT
"
PER PUPIL OPERATING REVENUES
"
SHALL HAVE THE SAME
MEANING AS THAT PROVIDED IN SECTION
22-53-103.
(b) A
LL SERVICES CENTRALLY OR OTHERWISE PROVIDED BY THE SCHOOL DISTRICT
INCLUDING
,
BUT NOT LIMITED TO
,
FOOD SERVICES
,
CUSTODIAL SERVICES
,
Education - Public Schools Ch. 227
MAINTENANCE
,
CURRICULUM
,
MEDIA SERVICES
,
LIBRARIES
,
AND WAREHOUSING SHALL
BE SUBJECT TO NEGOTIATION BETWEEN A CHARTER SCHOOL AND THE SCHOOL
DISTRICT AND PAID FOR OUT OF THE REVENUES NEGOTIATED PURSUANT TO
PARAGRAPH
(a)
OF THIS SUBSECTION
(2).
(c) I
N NO EVENT SHALL THE AMOUNT OF FUNDING NEGOTIATED PURSUANT TO THIS
SUBSECTION
(2)
BE LESS THAN EIGHTY PERCENT OF THE DISTRICT PER PUPIL
OPERATING REVENUES MULTIPLIED BY THE NUMBER OF PUPILS ENROLLED IN THE
CHARTER SCHOOL
.
(d) I
T IS THE INTENT OF THE GENERAL ASSEMBLY THAT FUNDING AND SERVICE
AGREEMENTS PURSUANT TO THIS SUBSECTION
(2)
SHALL BE NEITHER A FINANCIAL
INCENTIVE NOR A FINANCIAL DISINCENTIVE TO THE ESTABLISHMENT OF A CHARTER
SCHOOL
.
(e) F
EES COLLECTED FROM STUDENTS ENROLLED AT A CHARTER SCHOOL SHALL BE
RETAINED BY SUCH CHARTER SCHOOL
.
(3)
N
OTWITHSTANDING SUBSECTION
(2)
OF THIS SECTION
,
THE PROPORTIONATE
SHARE OF STATE AND FEDERAL RESOURCES GENERATED BY STUDENTS WITH
DISABILITIES OR STAFF SERVING THEM SHALL BE DIRECTED TO CHARTER SCHOOLS
ENROLLING SUCH STUDENTS BY THEIR SCHOOL DISTRICTS OR ADMINISTRATIVE UNITS
.
T
HE PROPORTIONATE SHARE OF MONEYS GENERATED UNDER OTHER FEDERAL OR
STATE CATEGORICAL AID PROGRAMS SHALL BE DIRECTED TO CHARTER SCHOOLS
SERVING STUDENTS ELIGIBLE FOR SUCH AID
.
(4)
T
HE GOVERNING BODY OF A CHARTER SCHOOL IS AUTHORIZED TO ACCEPT GIFTS
,
DONATIONS
,
OR GRANTS OF ANY KIND MADE TO THE 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 CONTRACT BETWEEN THE
CHARTER SCHOOL AND THE LOCAL BOARD OF EDUCATION
.
(5) T
HE DEPARTMENT OF EDUCATION WILL PREPARE AN ANNUAL REPORT AND
EVALUATION FOR THE GOVERNOR AND THE GENERAL ASSEMBLY ON THE SUCCESS OR
FAILURE OF CHARTER SCHOOLS
,
THEIR RELATIONSHIP TO OTHER SCHOOL REFORM
EFFORTS
,
AND SUGGESTED CHANGES IN STATE LAW NECESSARY TO STRENGTHEN OR
CHANGE THE CHARTER SCHOOL PROGRAM
.
(6) T
HE DEPARTMENT OF EDUCATION WILL PROVIDE TECHNICAL ASSISTANCE TO
PERSONS AND GROUPS PREPARING OR REVISING CHARTER APPLICATIONS
.
22-30.5-113. Charter schools - evaluation - report.
(1) T
HE STATE BOARD
SHALL COMPILE EVALUATIONS OF CHARTER SCHOOLS RECEIVED FROM LOCAL BOARDS
OF EDUCATION
.
T
HE STATE BOARD SHALL REVIEW INFORMATION REGARDING THE
REGULATIONS AND POLICIES FROM WHICH CHARTER SCHOOLS WERE RELEASED
PURSUANT TO SECTION
22-30.5-105
TO DETERMINE IF THE RELEASES ASSISTED OR
IMPEDED THE CHARTER SCHOOLS IN MEETING THEIR STATED GOALS AND OBJECTIVES
.
(2) T
HE STATE BOARD SHALL ISSUE A REPORT TO THE GENERAL ASSEMBLY ON ITS
Ch. 227 Education - Public Schools
FINDINGS NO LATER THAN
J
ANUARY
1,
1997.
(3)
I
N PREPARING THE REPORT REQUIRED BY THIS SECTION
,
THE STATE BOARD
SHALL COMPARE THE PERFORMANCE OF CHARTER SCHOOL PUPILS WITH THE
PERFORMANCE OF ETHNICALLY AND ECONOMICALLY COMPARABLE GROUPS OF PUPILS
IN OTHER PUBLIC SCHOOLS WHO ARE ENROLLED IN ACADEMICALLY COMPARABLE
COURSES
.
22-30.5-114. Repeal of article.
T
HIS ARTICLE IS REPEALED
,
EFFECTIVE
J
ULY
1,
1998.
SECTION 2.
22-2-117 (4), Colorado Revised Statutes, 1988 Repl. Vol., as
amended, is amended to read:
22-2-117. Additional power - state board - waiver of requirements - repeal.
(4) This section is repealed, effective July 1, 1994
1998.
SECTION 3.
Safety clause.
The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation of the public peace,
health, and safety.
Approved: June 3, 1993
