Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0304.01 Alana Rosen x2606
HOUSE BILL 22-1294
House Committees Senate Committees
Education
A BILL FOR AN ACT
C
ONCERNING ADDITIONAL PATHW AYS TO PROVIDE SPECIAL101
EDUCATION SERVICES TO CHIL DREN WITH DISABILITIES IN102
CHARTER SCHOOLS .103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill allows a district charter school or an institute charter
school, upon approval of the authorizing school district board of
education or the state charter school institute (CSI), respectively, to
develop and administer an enrollment preference plan to give enrollment
preference to children with disabilities. In exercising the enrollment
HOUSE SPONSORSHIP
Michaelson Jenet and Young,
SENATE SPONSORSHIP
Zenzinger and Gardner,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. preference plan for children with disabilities, a charter school and 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". A charter school or an institute charter school may allow
parents to voluntarily provide information regarding the existence of a
child's disability.
The bill allows the state board of education (state board) to
designate a charter school network or charter school collaborative that
meets specified criteria as an administrative unit for the purpose of
providing special education services to children with disabilities. If the
state board designates a charter school network or charter school
collaborative as an administrative unit, a charter school that is within the
charter school network or is participating in the charter school
collaborative is required to amend its charter contract to reflect that the
charter school is participating in the administrative unit of the charter
school network or charter school collaborative.
If the parents of a child with a disability remove the child in the
middle of the school year from enrollment in the alternative
administrative unit in which a district or institute charter school
participates, that alternative administrative unit continues to be deemed
the child's administrative unit of residence for the remainder of the school
year and may be required to pay the tuition charge for excess costs to the
administrative unit of attendance that enrolls the child for the remainder
of the school year. The bill further clarifies provisions concerning the
payment of tuition for excess costs when a child with a disability is
enrolled in a district or institute charter school that participates in an
alternative administrative unit that is a charter school network or charter
school collaborative.
The bill allows a district charter school or an institute charter
school, upon approval of the administrative unit of a charter school
network or charter school collaborative, to enter into an agreement to
participate in that administrative unit. The district charter school or
institute charter school is required to amend its district charter contract or
institute charter contract, respectively, to reflect that the district charter
school or institute charter school is participating in the administrative unit
of the charter school network or charter school collaborative.
The bill allows a district charter school, upon approval of the CSI,
to enter into an agreement with the CSI to participate in the CSI's
administrative unit. The district charter school is required to amend its
charter contract to reflect that it is participating in the CSI's administrative
unit.
The bill specifies that a charter school collaborative may provide
special education and related services to participating schools as
authorized by the contract creating the charter school collaborative.
HB22-1294
-2- Participating charter schools of the charter school collaborative shall
share costs and financial support for special education and related
services.
The bill clarifies that a charter school is not required to pay its
authorizing school district for federally required educational services that
are not available to the charter school.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 22-30.5-104, add2
(3)(a.5) as follows:3
22-30.5-104. Charter school - requirements - authority - rules4
- definitions. (3) (a.5) A
CHARTER SCHOOL MAY GIVE PREFERENCE TO5
ENROLLING CHILDREN WITH DISABILITIES , AS DEFINED IN SECTION6
22-20-103.
UPON APPROVAL OF THE LOCAL BOARD OF EDUCATION , THE7
CHARTER SCHOOL MAY DEVELOP AND IMPLEMENT AN ENROLLMENT8
PREFERENCE PLAN TO INCREASE THE ENROLLMENT OF CHILDREN WITH9
DISABILITIES. IN EXERCISING THE ENROLLMENT PREFERENCE PLAN FOR10
CHILDREN WITH DISABILITIES, A CHARTER SCHOOL SHALL ENSURE11
COMPLIANCE WITH THE OBLIGATION TO PROVIDE A FREE APPROPRIATE12
PUBLIC EDUCATION IN THE LEAST RESTRICTIVE ENVIRONMENT PURSUANT13
TO THE FEDERAL "INDIVIDUALS WITH DISABILITIES EDUCATION ACT", 2014
U.S.C.
SEC. 1400 ET SEQ., AS AMENDED. A CHARTER SCHOOL MAY ALLOW15
A PARENT TO VOLUNTARILY PROVIDE INFORMATION REGARDING WHETHER16
THE PARENT'S CHILD HAS A DISABILITY.17
SECTION 2. In Colorado Revised Statutes, 22-30.5-507, add18
(3)(a.5) as follows:19
22-30.5-507. Institute charter school - requirements -20
authority - rules - definitions. (3) (a.5) A
N INSTITUTE CHARTER SCHOOL21
MAY GIVE ENROLLMENT PREFERENCE TO CHILDREN WITH DISABILITIES , AS22
HB22-1294-3- DEFINED IN SECTION 22-20-103. UPON APPROVAL OF THE STATE CHARTER1
SCHOOL INSTITUTE, THE INSTITUTE CHARTER SCHOOL MAY DEVELOP AND2
IMPLEMENT AN ENROLLMENT PREFERENCE PLAN TO INCREASE THE3
ENROLLMENT OF CHILDREN WITH DISABILITIES . IN EXERCISING THE4
ENROLLMENT PREFERENCE PLAN FOR CHILDREN WITH DISABILITIES , AN5
INSTITUTE CHARTER SCHOOL SHALL ENSURE COMPLIANCE WITH THE6
OBLIGATION TO PROVIDE A FREE APPROPRIATE PUBLIC EDUCATION IN THE7
LEAST RESTRICTIVE ENVIRONMENT PURSUANT TO THE FEDERAL8
"I
NDIVIDUALS WITH DISABILITIES EDUCATION ACT", 20 U.S.C. SEC. 14009
ET SEQ., AS AMENDED. AN INSTITUTE CHARTER SCHOOL MAY ALLOW A10
PARENT TO VOLUNTARILY PROVIDE INFORMATION REGARDING WHETHER11
THE PARENT'S CHILD HAS A DISABILITY.12
SECTION 3. In Colorado Revised Statutes, 22-20-103, amend13
(1); and add (3.4) and (3.5) as follows:14
22-20-103. Definitions - repeal. As used in this part 1, unless the15
context otherwise requires:16
(1) "Administrative unit" means a school district, a board of17
cooperative services, a multi-district administrative unit,
A CHARTER18
SCHOOL NETWORK, A CHARTER SCHOOL COLLABORATIVE , or the state19
charter school institute, that is providing educational services to20
exceptional children and that is responsible for the local administration21
of this article
ARTICLE 20.22
(3.4) "C
HARTER SCHOOL COLLABORATIVE " MEANS A CHARTER23
SCHOOL COLLABORATIVE FORMED PURSUANT TO SECTION 22-30.5-603.24
(3.5) "C
HARTER SCHOOL NETWORK " MEANS A CHARTER SCHOOL25
NETWORK FORMED PURSUANT TO SECTION 22-30.5-104.7.26
SECTION 4. In Colorado Revised Statutes, 22-20-106, amend27
HB22-1294
-4- (1)(a) and (1)(b) as follows:1
22-20-106. Special education programs - early intervening2
services - rules. (1) (a) Every school district in the state shall be IS either3
an administrative unit in itself or in a board of cooperative services that4
the department designates as an administrative unit or participate IS5
PARTICIPATING in a multi-district administrative unit. The department6
shall not recognize or authorize a group of school districts as an7
administrative unit unless the group of school districts qualifies as a8
multi-district administrative unit or is a board of cooperative services.9
(b) The state charter school institute shall be IS an administrative10
unit for the purpose of delivering special education services to all institute11
charter schools,
AND TO DISTRICT CHARTER SCHOOLS THAT ENTER INTO AN12
AGREEMENT WITH THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO13
SECTION 22-30.5-105.3, and shall meet the criteria established by the state14
board governing the duties and responsibilities of the director of special15
education. An administrative unit shall also be
IS ALSO a school district,16
or board of cooperative services, CHARTER SCHOOL NETWORK , OR17
CHARTER SCHOOL COLLABORATIVE that meets criteria established by the18
state board governing the duties and responsibilities of the director of19
special education and is: either a board of cooperative services that20
conducts special education programs for all school districts that are21
members of the board of cooperative services or is a school district that22
meets criteria of geographic size, location, and number of pupils23
established by the state board to achieve maximum efficiency in24
administering programs of special education.25
(I) A
BOARD OF COOPERATIVE SERVICES THAT CONDUCTS SPECIAL26
EDUCATION PROGRAMS FOR ALL SCHOOL DISTRICTS THAT ARE MEMBERS27
HB22-1294
-5- OF THE BOARD OF COOPERATIVE SERVICES ;1
(II) A
SCHOOL DISTRICT THAT MEETS CRITERIA ESTABLISHED BY2
THE STATE BOARD, INCLUDING GEOGRAPHIC SIZE AND LOCATION , TO3
ACHIEVE MAXIMUM EFFICIENCY IN ADMINISTERING PROGRAMS OF SPECIAL4
EDUCATION; OR5
(III) A
CHARTER SCHOOL NETWORK OR CHARTER SCHOOL6
COLLABORATIVE THAT IS DESIGNATED AND APPROVED AS AN7
ADMINISTRATIVE UNIT BY THE STATE BOARD , DELIVERS SPECIAL8
EDUCATION SERVICES TO DISTRICT CHARTER SCHOOLS OR INSTITUTE9
CHARTER SCHOOLS, AND MEETS CRITERIA ESTABLISHED BY THE STATE10
BOARD THAT ARE SUBSTANTIALLY CONSISTENT WITH THE CRITERIA11
APPLIED TO BOARDS OF COOPERATIVE SERVICES AND SCHOOL DISTRICTS .12
SECTION 5. In Colorado Revised Statutes, 22-20-109, add (5.5)13
as follows:14
22-20-109. Tuition - rules. (5.5) (a) N
OTWITHSTANDING THE15
PROVISIONS OF SUBSECTION (5) OF THIS SECTION, IF A CHILD WITH A16
DISABILITY ENROLLS IN A DISTRICT OR INSTITUTE CHARTER SCHOOL THAT17
PARTICIPATES IN AN ALTERNATIVE ADMINISTRATIVE UNIT , THE18
ALTERNATIVE ADMINISTRATIVE UNIT IS DEEMED THE ADMINISTRATIVE19
UNIT OF RESIDENCE AND OF ATTENDANCE SO L ONG AS THE CHILD IS20
ENROLLED IN THE ALTERNATIVE ADMINISTRATIVE UNIT . IF THE PARENTS21
OF A CHILD WITH A DISABILITY REMOVE THE CHILD IN THE MIDDLE OF A22
SCHOOL YEAR FROM ENROLLMENT IN THE ALTERNATIVE ADMINISTRATIVE23
UNIT, THE ALTERNATIVE ADMINISTRATIVE UNIT CONTINUES TO BE DEEMED24
THE ADMINISTRATIVE UNIT OF RESIDENCE FOR THAT CHILD FOR THE25
REMAINDER OF THE SCHOOL YEAR AND MAY BE REQUIRED TO PAY THE26
TUITION CHARGE FOR EXCESS COSTS TO THE ADMINISTRATIVE UNIT OF27
HB22-1294
-6- ATTENDANCE THAT ENROLLS THE CHILD FOR THE REMAINDER OF THE1
SCHOOL YEAR.2
(b) T
HE ALTERNATIVE ADMINISTRATIVE UNIT IN WHICH A DISTRICT3
OR INSTITUTE CHARTER SCHOOL PARTICIPATES SHALL NOT CHARGE THE4
DISTRICT OF RESIDENCE TUITION FOR THE EXCESS COSTS INCURRED IN5
EDUCATING A CHILD WITH A DISABILITY UNLESS THE CHILD IS PLACED BY6
A MULTIDISCIPLINARY TEAM PURSUANT TO SECTION 22-20-108 (4) IN THE7
ALTERNATIVE ADMINISTRATIVE UNIT AND THE CHILD MEETS THE CRITERIA8
FOR FUNDING PURSUANT TO SECTION 22-20-114 (1)(c)(II).9
(c) W
HEN A CHILD WITH A DISABILITY APPLIES TO ENROLL IN A10
DISTRICT OR INSTITUTE CHARTER SCHOOL THAT PARTICIPATES IN AN11
ALTERNATIVE ADMINISTRATIVE UNIT , THE DISTRICT OR INSTITUTE12
CHARTER SCHOOL SHALL PROVIDE WRITTEN NOTICE , IN ACCORDANCE WITH13
STATE BOARD RULES ADOPTED PURSUANT TO SUBSECTION (7) OF THIS14
SECTION, TO THE CHILD'S DISTRICT OF RESIDENCE AND TO THE SPECIAL15
EDUCATION DIRECTOR OF THE ALTERNATIVE ADMINISTRATIVE UNIT IN16
WHICH THE DISTRICT OR INSTITUTE CHARTER SCHOOL PARTICIPATES . IF17
THE ALTERNATIVE ADMINISTRATIVE UNIT IN WHICH THE DISTRICT OR18
INSTITUTE CHARTER SCHOOL PARTICIPATES DOES NOT INTEND TO SEEK19
TUITION COSTS, NO NOTIFICATION IS REQUIRED TO THE DISTRICT OF20
RESIDENCE.21
(d) I
F THE ALTERNATIVE ADMINISTRATIVE UNIT CHARGES TUITION22
AS ALLOWED IN SUBSECTION (5.5)(b) OF THIS SECTION, THE AMOUNT OF23
THE TUITION CHARGED MUST BE DETERMINED PURSUANT TO RULES24
ADOPTED BY THE STATE BOARD PURS UANT TO SUBSECTION (7) OF THIS25
SECTION. THE TUITION RESPONSIBILITY MUST BE REFLECTED IN A26
CONTRACT BETWEEN THE DISTRICT OR INSTITUTE CHARTER SCHOOL , THE27
HB22-1294
-7- DISTRICT OF RESIDENCE, AND THE ALTERNATIVE ADMINISTRATIVE UNIT IN1
WHICH THE DISTRICT OR INSTITUTE CHARTER SCHOOL PARTICIPATES . THE2
CONTRACT MUST BE IN A FORM APPROVED BY THE ALTERNATIVE3
ADMINISTRATIVE UNIT IN WHICH THE DISTRICT OR INSTITUTE CHARTER4
SCHOOL PARTICIPATES. UNDER THE CIRCUMSTANCES DESCRIBED IN THIS5
SUBSECTION (5.5), SECTION 22-20-108 (8) DOES NOT APPLY.6
(e) A
S USED IN THIS SUBSECTION (5.5), "ALTERNATIVE7
ADMINISTRATIVE UNIT" HAS THE SAME MEANING AS PROVIDED IN SECTION8
22-30.5-103.9
SECTION 6. In Colorado Revised Statutes, 22-30.5-103, amend10
(1); and add (1.3) as follows:11
22-30.5-103. Definitions. As used in this part 1, unless the12
context otherwise requires:13
(1) "At-risk pupil" means a pupil who, because of physical,
14
emotional, socioeconomic, or cultural factors, is less likely to succeed in15
a conventional educational environment "ALTERNATIVE ADMINISTRATIVE16
UNIT" MEANS THE STATE CHARTER SCHOOL INSTITUTE ACTING AS AN17
ADMINISTRATIVE UNIT PURSUANT TO SECTION 22-20-106 (1)(b), A18
CHARTER SCHOOL NETWORK AUTHORIZED AND ACTING AS AN19
ADMINISTRATIVE UNIT PURSUANT TO SECTION 22-20-106 (1)(b), OR A20
CHARTER SCHOOL COLLABORATIVE AUTHORIZED AND ACTING AS AN21
ADMINISTRATIVE UNIT PURSUANT TO SECTION 22-20-106 (1)(b).22
(1.3) "A
T-RISK PUPIL" MEANS A PUPIL WHO, BECAUSE OF PHYSICAL,23
EMOTIONAL, SOCIOECONOMIC, OR CULTURAL FACTORS, IS LESS LIKELY TO24
SUCCEED IN A CONVENTIONAL EDUCATIONAL ENVIRONMENT .25
SECTION 7. In Colorado Revised Statutes, add 22-30.5-105.326
as follows:27
HB22-1294
-8- 22-30.5-105.3. Charter schools - alternative administrative1
units - process. (1) A
CHARTER SCHOOL THAT IS PART OF A CHARTER2
SCHOOL NETWORK OR A MEMBER OF A CHARTER SCHOOL COLLABORATIVE ,3
WHICH NETWORK OR COLLABORATIVE IS AUTHORIZED AS AN4
ADMINISTRATIVE UNIT PURSUANT TO SECTION 22-20-106, SHALL NOTIFY5
ITS AUTHORIZING SCHOOL DISTRICT OF ITS INTENT TO PARTICIPATE IN THE6
ADMINISTRATIVE UNIT OF THE NETWORK OR COLLABORATIVE WITH WHICH7
THE CHARTER SCHOOL IS AFFILIATED . THE CHARTER SCHOOL AND ITS8
AUTHORIZING SCHOOL DISTRICT SHALL AMEND THE CHARTER CONTRACT ,9
PURSUANT TO THIS SUBSECTION (1), AS NECESSARY TO ALLOW THE10
CHARTER SCHOOL TO PARTICIPATE IN THE ALTERNATIVE ADMINISTRATIVE11
UNIT.12
(2) (a) A
CHARTER SCHOOL MAY ENTER INTO AN AGREEMENT TO13
PARTICIPATE IN AN EXISTING ALTERNATIVE ADMINISTRATIVE UNIT IF THE14
CHARTER SCHOOL:15
(I) D
EMONSTRATES THE CAPACITY AND COMMITMENT TO SERVE16
CHILDREN WITH DISABILITIES, AS DEFINED IN SECTION 22-20-103,17
THROUGH AN ANALYSIS OF THE CHARTER SCHOOL 'S EXISTING RECORD OF18
SERVING CHILDREN WITH DISABILITIES OR BY EXPRESSLY SUBMITTING A19
PLAN TO THE ALTERNATIVE ADMINISTRATIVE UNIT ARTICULATING AN20
EXISTING OR INTENDED COMMITMENT ;21
(II) C
REATES A STRATEGIC PLAN TO RECRUIT CHILDREN WITH22
DISABILITIES FOR ENROLLMENT IN THE CHARTER SCHOOL TO INCREASE23
EDUCATIONAL OPTIONS FOR FAMILIES WITH CHILDREN WITH DISABILITIES ;24
(III) H
AS OR DEVELOPS AND IMPLEMENTS SPECIAL EDUCATION25
PROGRAMMING THAT RESULTS IN THE RETENTION OF CHILDREN WITH26
DISABILITIES;27
HB22-1294
-9- (IV) HAS OR DEVELOPS AND IMPLEMENTS MULTI -TIERED SYSTEMS1
OF SUPPORT TO IDENTIFY AND REFER CHILDREN WITH DISABILITIES TO2
SPECIAL EDUCATION SERVICES; AND3
(V) D
EMONSTRATES HOW THE AGREEMENT WITH THE4
ALTERNATIVE ADMINISTRATIVE UNIT WILL ALLOW THE CHARTER SCHOOL5
TO BETTER AND MORE EFFICIENTLY SERVE CHILDREN WITH DISABILITIES .6
(b) A
CHARTER SCHOOL MAY SUBMIT A REQUEST TO AN EXISTING7
ALTERNATIVE ADMINISTRATIVE UNIT TO ENTER INTO AN AGREEMENT TO8
PARTICIPATE IN THE EXISTING ALTERNATIVE ADMINISTRATIVE UNIT . AN9
EXISTING ALTERNATIVE ADMINISTRATIVE UNIT MAY ENTER INTO AN10
AGREEMENT ONLY IF THE EXISTING ALTERNATIVE ADMINISTRATIVE UNIT11
DETERMINES THAT THE CHARTER SCHOOL MEETS THE CRITERIA SET FORTH12
IN SUBSECTION (2)(a) OF THIS SECTION.13
(c) A
CHARTER SCHOOL THAT ENTERS INTO AN AGREEMENT TO14
PARTICIPATE IN AN ALTERNATIVE ADMINISTRATIVE UNIT PURSUANT TO15
SUBSECTION (2)(b) OF THIS SECTION SHALL NOTIFY ITS AUTHORIZING16
SCHOOL DISTRICT OF THE INTENT TO PARTICIPATE IN AN ALTERNATIVE17
ADMINISTRATIVE UNIT. THE CHARTER SCHOOL AND ITS AUTHORIZING18
SCHOOL DISTRICT SHALL AMEND THE CHARTER CONTRACT , PURSUANT TO19
THIS SECTION, AS NECESSARY TO ALLOW THE CHARTER SCHOOL TO20
PARTICIPATE IN THE ALTERNATIVE ADMINISTRATIVE UNIT .21
(3) (a) I
F THE AUTHORIZING SCHOOL DISTRICT OBJECTS TO22
AMENDING A CHARTER SCHOOL 'S CONTRACT TO ALLOW PARTICIPATION IN23
AN ALTERNATIVE ADMINISTRATIVE UNIT PURSUANT TO SUBSECTION (1) OR24
(2)
OF THIS SECTION, THE AUTHORIZING SCHOOL DISTRICT SHALL PROVIDE25
TO THE CHARTER SCHOOL A WRITTEN EXPLANATION OF THE GROUNDS FOR26
ITS OBJECTION. IF THE CHARTER SCHOOL AND ITS AUTHORIZING SCHOOL27
HB22-1294
-10- DISTRICT CANNOT AGREE ON AN AMENDMENT TO THE CHARTER CONTRACT1
FOR THE CHARTER SCHOOL TO PARTICIPATE IN THE ALTERNATIVE2
ADMINISTRATIVE UNIT, THE CHARTER SCHOOL MAY FILE A NOTICE WITH3
THE STATE BOARD AS PROVIDED IN SECTION 22-30.5-108 TO APPEAL THE4
DECISION OF ITS AUTHORIZING SCHOOL DISTRICT AS A UNILATERAL5
IMPOSITION OF CONDITIONS ON THE CHARTER SCHOOL . THE STATE BOARD6
SHALL DECIDE THE APPEAL PURSUANT TO SECTION 22-30.5-108.7
(b) N
EGOTIATIONS TO AMEND THE CHARTER CONTRACT TO ALLOW8
THE CHARTER SCHOOL TO PARTICIPATE IN THE ALTERNATIVE9
ADMINISTRATIVE UNIT MUST NOT INCLUDE NEGOTIATIONS REGARDING10
TERMS OF THE CHARTER CONTRACT THAT ARE NOT DIRECTLY IMPACTED BY11
THE CHARTER SCHOOL 'S PARTICIPATION IN THE ALTERNATIVE12
ADMINISTRATIVE UNIT AND MUST NOT UNILATERALLY REOPEN THE13
CHARTER SCHOOL'S AUTHORIZATION. THE AMENDED CONTRACT MAY14
INCLUDE PROVISIONS PERMITTING CONSIDERATION OF THE CHARTER15
SCHOOL'S SPECIAL EDUCATION PERFORMANCE AS PART OF THE OVERALL16
CHARTER SCHOOL PERFORMANCE .17
(4) (a) A
CHARTER SCHOOL THAT PARTICIPATES IN AN18
ALTERNATIVE ADMINISTRATIVE UNIT IS NOT RESPONSIBLE FOR PAYING ANY19
PORTION OF THE SPECIAL EDUCATION COSTS OF ITS AUTHORIZING SCHOOL20
DISTRICT.21
(b) A
N ALTERNATIVE ADMINISTRATIVE UNIT IS RESPONSIBLE FOR22
THE COST OF DISPUTE RESOLUTION WITH THE PARENTS OF A CHILD WITH23
DISABILITIES WHO IS ENROLLED IN A CHARTER SCHOOL THAT PARTICIPATES24
IN THE ALTERNATIVE ADMINISTRATIVE UNIT .25
(c) A
N ALTERNATIVE ADMINISTRATIVE UNIT IS LEGALLY26
RESPONSIBLE FOR PROVIDING EDUCATIONAL SERVICES FOR CHILDREN WITH27
HB22-1294
-11- DISABILITIES WHO ARE ENROLLED IN A CHARTER SCHOOL THAT1
PARTICIPATES IN THE ALTERNATIVE ADMINISTRATIVE UNIT .2
SECTION 8. In Colorado Revised Statutes, 22-30.5-502, amend3
(1); and add (1.3) as follows:4
22-30.5-502. Definitions. As used in this part 5, unless the5
context otherwise requires:6
(1) "At-risk student" means a student:7
(a) Who is eligible to receive free or reduced-cost lunch pursuant8
to the provisions of the federal "Richard B. Russell National School9
Lunch Act", 42 U.S.C. sec. 1751 et seq.; or10
(b) Who has performed below the level of meeting expectations,11
as identified by rule of the state board, on a statewide English language12
arts or mathematics assessment "ALTERNATIVE ADMINISTRATIVE UNIT "13
HAS THE SAME MEANING AS SET FORTH IN SECTION 22-30.5-103 (1).14
(1.3) "A
T-RISK STUDENT" MEANS A STUDENT:15
(a) W
HO IS ELIGIBLE TO RECEIVE FREE OR REDUCED-PRICE LUNCH16
PURSUANT TO THE PROVISIONS OF THE FEDERAL "RICHARD B. RUSSELL17
N
ATIONAL SCHOOL LUNCH ACT", 42 U.S.C. SEC. 1751 ET SEQ.; OR18
(b) W
HO HAS PERFORMED BELOW THE LEVEL OF MEETING19
EXPECTATIONS, AS IDENTIFIED BY RULE OF THE STATE BOARD , ON A20
STATEWIDE ENGLISH LANGUAGE ARTS OR MATHEMATICS ASSESSMENT .21
SECTION 9. In Colorado Revised Statutes, 22-30.5-505, amend22
(4) introductory portion, (4)(k), and (4)(l); and add (4)(m) and (21) as23
follows:24
22-30.5-505. State charter school institute - institute board -25
appointment - powers and duties - rules. (4) In addition to any other26
powers granted by law to the institute board, the institute board shall have
27
HB22-1294
-12- HAS the following powers:1
(k) To promulgate rules in accordance with article 4 of title 242
C.R.S., for the administration of this part 5; and3
(l) To award grants from the institute charter school assistance4
fund as provided in section 22-30.5-515.5;
AND5
(m) T
O ENTER INTO AN AGREEMENT WITH A DISTRICT CHARTER6
SCHOOL AS PROVIDED IN SECTION 22-30.5-105.3 TO ALLOW THE DISTRICT7
CHARTER SCHOOL TO PARTICIPATE IN THE ADMINISTRATIVE UNIT OF THE8
STATE CHARTER SCHOOL INSTITUTE TO PROVIDE SERVICES PURSUANT TO9
ARTICLE 20 OF THIS TITLE 22.10
(21) (a) A
N INSTITUTE CHARTER SCHOOL THAT IS PART OF A11
CHARTER SCHOOL NETWORK OR A MEMBER OF A CHARTER SCHOOL12
COLLABORATIVE, WHICH NETWORK OR COLLABORATIVE IS AUTHORIZED AS13
AN ADMINISTRATIVE UNIT PURSUANT TO SECTION 22-20-106, SHALL14
NOTIFY THE INSTITUTE OF ITS INTENT TO PARTICIPATE IN THE15
ADMINISTRATIVE UNIT OF THE NETWORK OR COLLABORATIVE WITH WHICH16
THE INSTITUTE CHARTER SCHOOL IS AFFILIATED. THE INSTITUTE CHARTER17
SCHOOL AND THE INSTITUTE SHALL AMEND THE INSTITUTE CHARTER18
CONTRACT, PURSUANT TO THIS SECTION, AS NECESSARY TO ALLOW THE19
INSTITUTE CHARTER SCHOOL TO PARTICIPATE IN THE ALTERNATIVE20
ADMINISTRATIVE UNIT.21
(b) A
N INSTITUTE CHARTER SCHOOL MAY SUBMIT A REQUEST TO22
AN EXISTING ALTERNATIVE ADMINISTRATIVE UNIT THAT IS NOT THE23
INSTITUTE TO ENTER INTO AN AGREEMENT TO PARTICIPATE IN THE24
EXISTING ALTERNATIVE ADMINISTRATIVE UNIT . AN EXISTING25
ALTERNATIVE ADMINISTRATIVE UNIT THAT IS NOT THE INSTITUTE MAY26
ENTER INTO AN AGREEMENT ONLY IF THE EXISTING ALTERNATIVE27
HB22-1294
-13- ADMINISTRATIVE UNIT DETERMINES THAT THE INSTITUTE CHARTER1
SCHOOL MEETS THE CRITERIA SET FORTH IN SECTION 22-30.5-105.3 (2)(a).2
(c) A
N INSTITUTE CHARTER SCHOOL THAT ENTERS INTO AN3
AGREEMENT WITH AN ALTERNATIVE ADMINISTRATIVE UNIT PURSUANT TO4
SUBSECTION (21)(b) OF THIS SECTION SHALL NOTIFY THE INSTITUTE OF ITS5
INTENT TO PARTICIPATE IN THE ADMINISTRATIVE UNIT OF A CHARTER6
SCHOOL NETWORK OR CHARTER SCHOOL COLLABORATIVE THAT IS7
AUTHORIZED AS AN ADMINISTRATIVE UNIT PURSUANT TO SECTION8
22-20-106.
THE INSTITUTE CHARTER SCHOOL AND THE INSTITUTE SHALL9
AMEND THE INSTITUTE CHARTER SCHOOL CONTRACT AS NECESSARY TO10
ALLOW THE INSTITUTE CHARTER SCHOOL TO PARTICIPATE IN THE11
ALTERNATIVE ADMINISTRATIVE UNIT .12
(d) I
F THE INSTITUTE OBJECTS TO AMENDING AN INSTITUTE13
CHARTER SCHOOL 'S CONTRACT TO ALLOW PARTICIPATION IN AN14
ALTERNATIVE ADMINISTRATIVE UNIT PURSUANT TO SUBSECTION (21)(a)15
OR (21)(b) OF THIS SECTION, THE INSTITUTE SHALL PROVIDE TO THE16
INSTITUTE CHARTER SCHOOL A WRITTEN EXPLANATION OF THE GROUNDS17
FOR ITS OBJECTION.18
(e) N
EGOTIATIONS TO AMEND THE INSTITUTE CHARTER CONTRACT19
TO ALLOW THE INSTITUTE CHARTER SCHOOL TO PARTICIPATE IN THE20
ALTERNATIVE ADMINISTRATIVE UNIT PURSUANT TO THIS SUBSECTION (21)21
MUST NOT INCLUDE NEGOTIATIONS REGARDING TERMS OF THE INSTITUTE22
CHARTER CONTRACT THAT ARE NOT DIRECTLY IMPACTED BY THE23
INSTITUTE CHARTER SCHOOL 'S PARTICIPATION IN THE ALTERNATIVE24
ADMINISTRATIVE UNIT AND MUST NOT UNILATERALLY REOPEN THE25
INSTITUTE CHARTER SCHOOL'S AUTHORIZATION. THE AMENDED CONTRACT26
MAY INCLUDE PROVISIONS PERMITTING CONSIDERATION OF THE INSTITUTE27
HB22-1294
-14- CHARTER SCHOOL'S SPECIAL EDUCATION PERFORMANCE AS PART OF THE1
OVERALL INSTITUTE CHARTER SCHOOL PERFORMANCE .2
SECTION 10. In Colorado Revised Statutes, 22-30.5-603, add3
(3.7) as follows:4
22-30.5-603. Charter school collaborative - creation - public5
status - structure. (3.7) (a) A
CHARTER SCHOOL COLLABORATIVE MAY6
PROVIDE SPECIAL EDUCATION AND RELATED SERVICES TO PARTICIPATING7
CHARTER SCHOOLS AS AUTHORIZED BY THE CONTRACT CREATING THE8
CHARTER SCHOOL COLLABORATIVE PURSUANT TO SUBSECTION (4) OF THIS9
SECTION. PARTICIPATING CHARTER SCHOOLS OF THE CHARTER SCHOOL10
COLLABORATIVE SHALL SHARE COSTS AND FINANCIAL SUPPORT FOR11
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO THE CHARTER12
SCHOOL COLLABORATIVE CONTRACT .13
(b) A
CHARTER SCHOOL COLLABORATIVE MAY BE AUTHORIZED AS14
AN ADMINISTRATIVE UNIT PURSUANT TO SECTION 22-20-106, AND15
CHARTER SCHOOLS PARTICIPATING IN THE ADMINISTRATIVE UNIT OF THE16
CHARTER SCHOOL COLLABORATIVE SHALL SHARE COSTS AND FINANCIAL17
SUPPORT FOR SPECIAL EDUCATION AND RELATED SERVICES .18
SECTION 11. In Colorado Revised Statutes, 22-30.5-112, add19
(2)(a.8)(III) as follows:20
22-30.5-112. Charter schools - financing - guidelines -21
definitions. (2) (a.8) (III) A
S USED IN THIS SUBSECTION (2)(a.8),22
"
FEDERALLY REQUIRED EDUCATIONAL SERVICES " MEANS SERVICES THAT23
A LOCAL EDUCATIONAL AGENCY IS REQUIRED TO PROVIDE TO CERTAIN24
STUDENTS BY FEDERAL LAW AND THAT THE SCHOOL DISTRICT MAKES25
AVAILABLE TO STUDENTS IN THE CHARTER SCHOOL IF AND WHEN NEEDED .26
"F
EDERALLY REQUIRED EDUCATIONAL SERVICES " DOES NOT INCLUDE27
HB22-1294
-15- SERVICES NOT MADE AVAILABLE TO THE CHARTER SCHOOL .1
SECTION 12. In Colorado Revised Statutes, 22-5.5-103, amend2
the introductory portion and (1) as follows:3
22-5.5-103. Definitions. As used in this article ARTICLE 5.5,4
unless the context otherwise requires:5
(1) "Administrative unit" means a school district, a board of6
cooperative services,
A CHARTER SCHOOL NETWORK , A CHARTER SCHOOL7
COLLABORATIVE, or the state charter school institute, that is providing8
educational services to exceptional children.9
SECTION 13. In Colorado Revised Statutes, 22-20-202, amend10
(1) as follows:11
22-20-202. Definitions. As used in this part 2, unless the context12
otherwise requires:13
(1) "Administrative unit" means a school district, a board of14
cooperative services,
A CHARTER SCHOOL NETWORK , A CHARTER SCHOOL15
COLLABORATIVE, or the state charter school institute that is providing16
educational services to exceptional children and that is responsible for the17
local administration of this article
ARTICLE 20.18
SECTION 14. In Colorado Revised Statutes, 27-10.5-702,19
amend (1) as follows:20
27-10.5-702. Definitions. As used in this part 7, unless the21
context otherwise requires:22
(1) "Administrative unit" means a school district, a board of23
cooperative services,
A CHARTER SCHOOL NETWORK , A CHARTER SCHOOL24
COLLABORATIVE, or the state charter school institute that is providing25
educational services to exceptional children and that is responsible for the26
local administration of the education of exceptional children pursuant to27
HB22-1294
-16- article 20 of title 22. C.R.S.1
SECTION 15. Act subject to petition - effective date. This act2
takes effect at 12:01 a.m. on the day following the expiration of the3
ninety-day period after final adjournment of the general assembly; except4
that, if a referendum petition is filed pursuant to section 1 (3) of article V5
of the state constitution against this act or an item, section, or part of this6
act within such period, then the act, item, section, or part will not take7
effect unless approved by the people at the general election to be held in8
November 2022 and, in such case, will take effect on the date of the9
official declaration of the vote thereon by the governor.10
HB22-1294
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