Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
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
Amended 2nd Reading
March 28, 2022
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.
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
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
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
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
DEPARTMENT, 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
FROM ENROLLMENT22
IN THE ALTERNATIVE ADMINISTRATIVE UNIT AFTER THE ANNUAL COUNT23
DATE TO DETERMINE STATE FUNDING FOR CHILDREN WITH DISABILITIES,24
THE ALTERNATIVE ADMINISTRATIVE UNIT CONTINUES TO BE DEEMED THE25
ADMINISTRATIVE UNIT OF RESIDENCE FOR THAT CHILD FOR THE26
REMAINDER OF THE SCHOOL YEAR AND MAY BE REQUIRED TO PAY THE27
1294
-6- TUITION CHARGE FOR EXCESS COSTS TO THE ADMINISTRATIVE UNIT OF1
ATTENDANCE THAT ENROLLS THE CHILD FOR THE REMAINDER OF THE2
SCHOOL YEAR.3
(b) T
HE ALTERNATIVE ADMINISTRATIVE UNIT IN WHICH A DISTRICT4
OR INSTITUTE CHARTER SCHOOL PARTICIPATES SHALL NOT CHARGE THE5
DISTRICT OF RESIDENCE TUITION FOR THE EXCESS COSTS INCURRED IN6
EDUCATING A CHILD WITH A DISABILITY UNLESS THE CHILD IS PLACED BY7
A MULTIDISCIPLINARY TEAM PURSUANT TO SECTION 22-20-108 (4) IN THE8
ALTERNATIVE ADMINISTRATIVE UNIT AND THE CHILD MEETS THE CRITERIA9
FOR FUNDING PURSUANT TO SECTION 22-20-114 (1)(c)(II).10 11
(c) IF THE ALTERNATIVE ADMINISTRATIVE UNIT CHARGES TUITION12
AS ALLOWED IN SUBSECTION (5.5)(b) OF THIS SECTION, THE AMOUNT OF13
THE TUITION CHARGED MUST BE DETERMINED PURSUANT TO RULES14
ADOPTED BY THE STATE BOARD PURSUANT TO SUBSECTION (7) OF THIS15
SECTION. THE TUITION RESPONSIBILITY MUST BE REFLECTED IN A16
CONTRACT BETWEEN THE DISTRICT OR INSTITUTE CHARTER SCHOOL , THE17
DISTRICT OF RESIDENCE, AND THE ALTERNATIVE ADMINISTRATIVE UNIT IN18
WHICH THE DISTRICT OR INSTITUTE CHARTER SCHOOL PARTICIPATES . THE19
CONTRACT MUST BE IN A FORM APPROVED BY THE ALTERNATIVE20
ADMINISTRATIVE UNIT IN WHICH THE DISTRICT OR INSTITUTE CHARTER21
SCHOOL PARTICIPATES. UNDER THE CIRCUMSTANCES DESCRIBED IN THIS22
SUBSECTION (5.5), SECTION 22-20-108 (8) DOES NOT APPLY.23
(d) AS USED IN THIS SUBSECTION (5.5), "ALTERNATIVE24
ADMINISTRATIVE UNIT" HAS THE SAME MEANING AS PROVIDED IN SECTION25
22-30.5-103.26
SECTION 6. In Colorado Revised Statutes, 22-30.5-103, amend27
1294
-7- (1); and add (1.3) as follows:1
22-30.5-103. Definitions. As used in this part 1, unless the2
context otherwise requires:3
(1) "At-risk pupil" means a pupil who, because of physical,4
emotional, socioeconomic, or cultural factors, is less likely to succeed in5
a conventional educational environment "ALTERNATIVE ADMINISTRATIVE6
UNIT" MEANS THE STATE CHARTER SCHOOL INSTITUTE ACTING IN7
ACCORDANCE WITH SECTION 22-30.5-105.3 AS THE ADMINISTRATIVE UNIT,8
PURSUANT TO SECTION 22-20-106 (1)(b), FOR A CHARTER SCHOOL9
AUTHORIZED BY A SCHOOL DISTRICT, A CHARTER SCHOOL NETWORK10
AUTHORIZED AND ACTING AS AN ADMINISTRATIVE UNIT PURSUANT TO11
SECTION 22-20-106 (1)(b), OR A CHARTER SCHOOL COLLABORATIVE12
AUTHORIZED AND ACTING AS AN ADMINISTRATIVE UNIT PURSUANT TO13
SECTION 22-20-106 (1)(b).14
(1.3) "A
T-RISK PUPIL" MEANS A PUPIL WHO, BECAUSE OF PHYSICAL,15
EMOTIONAL, SOCIOECONOMIC, OR CULTURAL FACTORS, IS LESS LIKELY TO16
SUCCEED IN A CONVENTIONAL EDUCATIONAL ENVIRONMENT .17
SECTION 7. In Colorado Revised Statutes, add 22-30.5-105.318
as follows:19
22-30.5-105.3. Charter schools - alternative administrative20
units - process. (1) A
CHARTER SCHOOL THAT IS PART OF A CHARTER21
SCHOOL NETWORK OR A MEMBER OF A CHARTER SCHOOL COLLABORATIVE ,22
WHICH NETWORK OR COLLABORATIVE IS AUTHORIZED AS AN23
ADMINISTRATIVE UNIT PURSUANT TO SECTION 22-20-106, SHALL NOTIFY24
ITS AUTHORIZING SCHOOL DISTRICT OF ITS INTENT TO PARTICIPATE IN THE25
ADMINISTRATIVE UNIT OF THE NETWORK OR COLLABORATIVE WITH WHICH26
THE CHARTER SCHOOL IS AFFILIATED.
AFTER THE DEPARTMENT APPROVES27
1294
-8- THE APPLICATION OF A CHARTER SCHOOL NETWORK OR COLLABORATIVE1
TO FORM AN ALTERNATIVE ADMINISTRATIVE UNIT PURSUANT TO SECTION2
22-20-106, THE CHARTER SCHOOL THAT IS PART OF THE CHARTER SCHOOL3
NETWORK OR COLLABORATIVE AUTHORIZED AS AN ADMINISTRATIVE UNIT4
AND ITS AUTHORIZING SCHOOL DISTRICT SHALL AMEND THE CHARTER5
CONTRACT, PURSUANT TO THIS SUBSECTION (1), AS NECESSARY TO ALLOW6
THE CHARTER SCHOOL TO PARTICIPATE IN THE ALTERNATIVE7
ADMINISTRATIVE UNIT.8
(2) (a) A
CHARTER SCHOOL MAY ENTER INTO AN AGREEMENT TO9
PARTICIPATE IN AN EXISTING ALTERNATIVE ADMINISTRATIVE UNIT IF THE10
CHARTER SCHOOL:11
(I) D
EMONSTRATES THE CAPACITY AND COMMITMENT TO SERVE12
CHILDREN WITH DISABILITIES, AS DEFINED IN SECTION 22-20-103,13
THROUGH AN ANALYSIS OF THE CHARTER SCHOOL 'S EXISTING RECORD OF14
SERVING CHILDREN WITH DISABILITIES OR BY EXPRESSLY SUBMITTING A15
PLAN TO THE ALTERNATIVE ADMINISTRATIVE UNIT ARTICULATING AN16
EXISTING OR INTENDED COMMITMENT ;17
(II) C
REATES A STRATEGIC PLAN
FOR THE ENROLLMENT OF18
CHILDREN WITH DISABILITIES IN THE CHARTER SCHOOL TO INCREASE19
EDUCATIONAL OPTIONS FOR FAMILIES WITH CHILDREN WITH DISABILITIES ;20
(III) H
AS OR DEVELOPS AND IMPLEMENTS SPECIAL EDUCATION21
PROGRAMMING THAT RESULTS IN THE
CONTINUED ENROLLMENT OF22
CHILDREN WITH DISABILITIES;23
(IV) H
AS OR DEVELOPS AND IMPLEMENTS MULTI -TIERED SYSTEMS24
OF SUPPORT TO IDENTIFY AND REFER CHILDREN WITH DISABILITIES TO25
SPECIAL EDUCATION SERVICES; AND26
(V) D
EMONSTRATES HOW THE AGREEMENT WITH THE27
1294
-9- ALTERNATIVE ADMINISTRATIVE UNIT WILL ALLOW THE CHARTER SCHOOL1
TO BETTER AND MORE EFFICIENTLY SERVE CHILDREN WITH DISABILITIES .2
(b) A
CHARTER SCHOOL MAY SUBMIT A REQUEST TO AN EXISTING3
ALTERNATIVE ADMINISTRATIVE UNIT TO ENTER INTO AN AGREEMENT TO4
PARTICIPATE IN THE EXISTING ALTERNATIVE ADMINISTRATIVE UNIT . AN5
EXISTING ALTERNATIVE ADMINISTRATIVE UNIT MAY ENTER INTO AN6
AGREEMENT ONLY IF THE EXISTING ALTERNATIVE ADMINISTRATIVE UNIT7
DETERMINES THAT THE CHARTER SCHOOL MEETS THE CRITERIA SET FORTH8
IN SUBSECTION (2)(a) OF THIS SECTION.9
(c) A
CHARTER SCHOOL THAT ENTERS INTO AN AGREEMENT TO10
PARTICIPATE IN AN ALTERNATIVE ADMINISTRATIVE UNIT PURSUANT TO11
SUBSECTION (2)(b) OF THIS SECTION SHALL NOTIFY ITS AUTHORIZING12
SCHOOL DISTRICT OF THE INTENT TO PARTICIPATE IN AN ALTERNATIVE13
ADMINISTRATIVE UNIT.
AFTER THE DEPARTMENT APPROVES AN14
APPLICATION FOR THE REORGANIZATION OF THE ALTERNATIVE15
ADMINISTRATIVE UNIT TO INCLUDE THE CHARTER SCHOOL, THE CHARTER16
SCHOOL AND ITS AUTHORIZING SCHOOL DISTRICT SHALL AMEND THE17
CHARTER CONTRACT, PURSUANT TO THIS SECTION, AS NECESSARY TO18
ALLOW THE CHARTER SCHOOL TO PARTICIPATE IN THE ALTERNATIVE19
ADMINISTRATIVE UNIT.20
(3) (a) I
F THE AUTHORIZING SCHOOL DISTRICT OBJECTS TO21
AMENDING A CHARTER SCHOOL 'S CONTRACT TO ALLOW PARTICIPATION IN22
AN ALTERNATIVE ADMINISTRATIVE UNIT PURSUANT TO SUBSECTION (1) OR23
(2)
OF THIS SECTION, THE AUTHORIZING SCHOOL DISTRICT SHALL PROVIDE24
TO THE CHARTER SCHOOL A WRITTEN EXPLANATION OF THE GROUNDS FOR25
ITS OBJECTION. IF
THE DEPARTMENT HAS APPROVED AN ALTERNATIVE26
ADMINISTRATIVE UNIT TO INCLUDE THE CHARTER SCHOOL BUT THE27
1294
-10- CHARTER SCHOOL AND ITS AUTHORIZING SC HOOL DISTRICT CANNOT AGREE1
ON AN AMENDMENT TO THE CHARTER CONTRACT FOR THE CHARTER2
SCHOOL TO PARTICIPATE IN THE ALTERNATIVE ADMINISTRATIVE UNIT , THE3
CHARTER SCHOOL MAY FILE A NOTICE WITH THE STATE BOARD AS4
PROVIDED IN SECTION 22-30.5-108 TO APPEAL THE DECISION OF ITS5
AUTHORIZING SCHOOL DISTRICT AS A UNILATERAL IMPOSITION OF6
CONDITIONS ON THE CHARTER SCHOOL . THE STATE BOARD SHALL DECIDE7
THE APPEAL PURSUANT TO SECTION 22-30.5-108.8
(b) N
EGOTIATIONS TO AMEND THE CHARTER CONTRACT TO ALLOW9
THE CHARTER SCHOOL TO PARTICIPATE IN THE ALTERNATIVE10
ADMINISTRATIVE UNIT MUST NOT INCLUDE NEGOTIATIONS REGARDING11
TERMS OF THE CHARTER CONTRACT THAT ARE NOT DIRECTLY IMPACTED BY12
THE CHARTER SCHOOL 'S PARTICIPATION IN THE ALTERNATIVE13
ADMINISTRATIVE UNIT AND MUST NOT UNILATERALLY REOPEN THE14
CHARTER SCHOOL'S AUTHORIZATION. THE AMENDED CONTRACT MAY15
INCLUDE PROVISIONS PERMITTING CONSIDERATION OF THE CHARTER16
SCHOOL'S SPECIAL EDUCATION PERFORMANCE AS PART OF THE OVERALL17
CHARTER SCHOOL PERFORMANCE .18
(4) (a) A
CHARTER SCHOOL THAT PARTICIPATES IN AN19
ALTERNATIVE ADMINISTRATIVE UNIT IS NOT RESPONSIBLE FOR PAYING ANY20
PORTION OF THE SPECIAL EDUCATION COSTS OF ITS AUTHORIZING SCHOOL21
DISTRICT.22
(b) FOR A CHILD WITH DISABILITIES WHO IS ENROLLED IN A23
CHARTER SCHOOL THAT PARTICIPATES IN AN ALTERNATIVE24
ADMINISTRATIVE UNIT, THE ALTERNATIVE ADMINISTRATIVE UNIT, FOR THE25
DURATION OF THE CHILD'S ENROLLMENT IN THE CHARTER SCHOOL, IS26
SOLELY LEGALLY AND FISCALLY RESPONSIBLE FOR SPECIALIZED27
1294
-11- INSTRUCTION AND RELATED SERVICES TO PROVIDE A FREE APPROPRIATE1
PUBLIC EDUCATION FOR THE CHILD AND FOR DISPUTE RESOLUTION2
PURSUANT TO THE "EXCEPTIONAL CHILDREN'S EDUCATIONAL ACT",3
ARTICLE 20 OF THIS TITLE 22, AND THE FEDERAL "INDIVIDUALS WITH4
DISABILITIES EDUCATION ACT", 20 U.S.C. SEC. 1400 ET SEQ., AS5
AMENDED. DISPUTE RESOLUTION INCLUDES, BUT IS NOT LIMITED TO,6
RESOLUTION OF STATE COMPLAINTS, DUE PROCESS HEARINGS, AND7
INVESTIGATIONS BY THE FEDERAL DEPARTMENT OF EDUCATION . 8
(5) A SCHOOL DISTRICT SHALL NOT REQUIRE A CHARTER SCHOOL9
TO PARTICIPATE IN AN ALTERNATIVE ADMINISTRATIVE UNIT AS A10
CONDITION OF APPROVAL OF ITS APPLICATION OR APPROVAL OR RENEWAL11
OF ITS CONTRACT WITH THE SCHOOL DISTRICT .12
SECTION 8. In Colorado Revised Statutes, 22-30.5-502, amend13
(1); and add (1.3) as follows:14
22-30.5-502. Definitions. As used in this part 5, unless the15
context otherwise requires:16
(1) "At-risk student" means a student:17
(a) Who is eligible to receive free or reduced-cost lunch pursuant18
to the provisions of the federal "Richard B. Russell National School19
Lunch Act", 42 U.S.C. sec. 1751 et seq.; or20
(b) Who has performed below the level of meeting expectations,21
as identified by rule of the state board, on a statewide English language22
arts or mathematics assessment "ALTERNATIVE ADMINISTRATIVE UNIT "23
HAS THE SAME MEANING AS SET FORTH IN SECTION 22-30.5-103 (1).24
(1.3) "A
T-RISK STUDENT" MEANS A STUDENT:25
(a) W
HO IS ELIGIBLE TO RECEIVE FREE OR REDUCED-PRICE LUNCH26
PURSUANT TO THE PROVISIONS OF THE FEDERAL "RICHARD B. RUSSELL27
1294
-12- NATIONAL SCHOOL LUNCH ACT", 42 U.S.C. SEC. 1751 ET SEQ.; OR1
(b) W
HO HAS PERFORMED BELOW THE LEVEL OF MEETING2
EXPECTATIONS, AS IDENTIFIED BY RULE OF THE STATE BOARD , ON A3
STATEWIDE ENGLISH LANGUAGE ARTS OR MATHEMATICS ASSESSMENT .4
SECTION 9. In Colorado Revised Statutes, 22-30.5-505, amend5
(4) introductory portion, (4)(k), and (4)(l); and add (4)(m) and (21) as6
follows:7
22-30.5-505. State charter school institute - institute board -8
appointment - powers and duties - rules. (4) In addition to any other9
powers granted by law to the institute board, the institute board shall have
10
HAS the following powers:11
(k) To promulgate rules in accordance with article 4 of title 2412
C.R.S., for the administration of this part 5; and13
(l) To award grants from the institute charter school assistance14
fund as provided in section 22-30.5-515.5;
AND15
(m) T
O ENTER INTO AN AGREEMENT WITH A DISTRICT CHARTER16
SCHOOL AS PROVIDED IN SECTION 22-30.5-105.3 TO ALLOW THE DISTRICT17
CHARTER SCHOOL TO PARTICIPATE IN THE ADMINISTRATIVE UNIT OF THE18
STATE CHARTER SCHOOL INSTITUTE TO PROVIDE SERVICES PURSUANT TO19
ARTICLE 20 OF THIS TITLE 22.20
(21) (a) A
N INSTITUTE CHARTER SCHOOL THAT IS PART OF A21
CHARTER SCHOOL NETWORK OR A MEMBER OF A CHARTER SCHOOL22
COLLABORATIVE, WHICH NETWORK OR COLLABORATIVE IS AUTHORIZED AS23
AN ADMINISTRATIVE UNIT PURSUANT TO SECTION 22-20-106, SHALL24
NOTIFY THE INSTITUTE OF ITS INTENT TO PARTICIPATE IN THE25
ADMINISTRATIVE UNIT OF THE NETWORK OR COLLABORATIVE WITH WHICH26
THE INSTITUTE CHARTER SCHOOL IS AFFILIATED. THE INSTITUTE CHARTER27
1294
-13- SCHOOL AND THE INSTITUTE SHALL AMEND THE INSTITUTE CHARTER1
CONTRACT, PURSUANT TO THIS SECTION, AS NECESSARY TO ALLOW THE2
INSTITUTE CHARTER SCHOOL TO PARTICIPATE IN THE ALTERNATIVE3
ADMINISTRATIVE UNIT.4
(b) A
N INSTITUTE CHARTER SCHOOL MAY SUBMIT A REQUEST TO5
AN EXISTING ALTERNATIVE ADMINISTRATIVE UNIT THAT IS NOT THE6
INSTITUTE TO ENTER INTO AN AGREEMENT TO PARTICIPATE IN THE7
EXISTING ALTERNATIVE ADMINISTRATIVE UNIT . AN EXISTING8
ALTERNATIVE ADMINISTRATIVE UNIT THAT IS NOT THE INSTITUTE MAY9
ENTER INTO AN AGREEMENT ONLY IF THE EXISTING ALTERNATIVE10
ADMINISTRATIVE UNIT DETERMINES THAT THE INSTITUTE CHARTER11
SCHOOL MEETS THE CRITERIA SET FORTH IN SECTION 22-30.5-105.3 (2)(a).12
(c) A
N INSTITUTE CHARTER SCHOOL THAT ENTERS INTO AN13
AGREEMENT WITH AN ALTERNATIVE ADMINISTRATIVE UNIT PURSUANT TO14
SUBSECTION (21)(b) OF THIS SECTION SHALL NOTIFY THE INSTITUTE OF ITS15
INTENT TO PARTICIPATE IN THE ADMINISTRATIVE UNIT OF A CHARTER16
SCHOOL NETWORK OR CHARTER SCHOOL COLLABORATIVE THAT IS17
AUTHORIZED AS AN ADMINISTRATIVE UNIT PURSUANT TO SECTION18
22-20-106.
THE INSTITUTE CHARTER SCHOOL AND THE INSTITUTE SHALL19
AMEND THE INSTITUTE CHARTER SCHOOL CONTRACT AS NECESSARY TO20
ALLOW THE INSTITUTE CHARTER SCHOOL TO PARTICIPATE IN THE21
ALTERNATIVE ADMINISTRATIVE UNIT .22
(d) I
F THE INSTITUTE OBJECTS TO AMENDING AN INSTITUTE23
CHARTER SCHOOL 'S CONTRACT TO ALLOW PARTICIPATION IN AN24
ALTERNATIVE ADMINISTRATIVE UNIT PURSUANT TO SUBSECTION (21)(a)25
OR (21)(b) OF THIS SECTION, THE INSTITUTE SHALL PROVIDE TO THE26
INSTITUTE CHARTER SCHOOL A WRITTEN EXPLANATION OF THE GROUNDS27
1294
-14- FOR ITS OBJECTION.1
(e) N
EGOTIATIONS TO AMEND THE INSTITUTE CHARTER CONTRACT2
TO ALLOW THE INSTITUTE CHARTER SCHOOL TO PARTICIPATE IN THE3
ALTERNATIVE ADMINISTRATIVE UNIT PURSUANT TO THIS SUBSECTION (21)4
MUST NOT INCLUDE NEGOTIATIONS REGARDING TERMS OF THE INSTITUTE5
CHARTER CONTRACT THAT ARE NOT DIRECTLY IMPACTED BY THE6
INSTITUTE CHARTER SCHOOL 'S PARTICIPATION IN THE ALTERNATIVE7
ADMINISTRATIVE UNIT AND MUST NOT UNILATERALLY REOPEN THE8
INSTITUTE CHARTER SCHOOL'S AUTHORIZATION. THE AMENDED CONTRACT9
MAY INCLUDE PROVISIONS PERMITTING CONSIDERATION OF THE INSTITUTE10
CHARTER SCHOOL'S SPECIAL EDUCATION PERFORMANCE AS PART OF THE11
OVERALL INSTITUTE CHARTER SCHOOL PERFORMANCE .12 (f) THE STATE CHARTER SCHOOL INSTITUTE SHALL NOT REQUIRE13
AN INSTITUTE CHARTER SCHOOL TO PARTICIPATE IN AN ALTERNATIVE14
ADMINISTRATIVE UNIT AS A CONDITION OF APPROVAL OF ITS APPLICATION15
OR APPROVAL OR RENEWAL OF ITS CONTRACT WITH THE STATE CHARTER16
SCHOOL INSTITUTE.17
SECTION 10. In Colorado Revised Statutes, 22-30.5-603, add18
(3.7) as follows:19
22-30.5-603. Charter school collaborative - creation - public20
status - structure. (3.7) (a) A
CHARTER SCHOOL COLLABORATIVE MAY21
PROVIDE SPECIAL EDUCATION AND RELATED SERVICES TO PARTICIPATING22
CHARTER SCHOOLS AS AUTHORIZED BY THE CONTRACT CREATING THE23
CHARTER SCHOOL COLLABORATIVE PURSUANT TO SUBSECTION (4) OF THIS24
SECTION. PARTICIPATING CHARTER SCHOOLS OF THE CHARTER SCHOOL25
COLLABORATIVE SHALL SHARE COSTS AND FINANCIAL SUPPORT FOR26
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO THE CHARTER27
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(b) A
CHARTER SCHOOL COLLABORATIVE MAY BE AUTHORIZED AS2
AN ADMINISTRATIVE UNIT PURSUANT TO SECTION 22-20-106, AND3
CHARTER SCHOOLS PARTICIPATING IN THE ADMINISTRATIVE UNIT OF THE4
CHARTER SCHOOL COLLABORATIVE SHALL SHARE COSTS AND FINANCIAL5
SUPPORT FOR SPECIAL EDUCATION AND RELATED SERVICES .6
SECTION 11. In Colorado Revised Statutes, 22-30.5-112, add7
(2)(a.8)(III) as follows:8
22-30.5-112. Charter schools - financing - guidelines -9
definitions. (2) (a.8) (III) A
S USED IN THIS SUBSECTION (2)(a.8),10
"
FEDERALLY REQUIRED EDUCATIONAL SERVICES " MEANS SERVICES THAT11
A LOCAL EDUCATIONAL AGENCY IS REQUIRED TO PROVIDE TO CERTAIN12
STUDENTS BY FEDERAL LAW AND THAT THE SCHOOL DISTRICT MAKES13
AVAILABLE TO STUDENTS IN THE CHARTER SCHOOL IF AND WHEN NEEDED .14
"F
EDERALLY REQUIRED EDUCATIONAL SERVICES " DOES NOT INCLUDE15
SERVICES NOT MADE AVAILABLE TO THE CHARTER SCHOOL .16
SECTION 12. In Colorado Revised Statutes, 22-5.5-103, amend17
the introductory portion and (1) as follows:18
22-5.5-103. Definitions. As used in this article
ARTICLE 5.5,19
unless the context otherwise requires:20
(1) "Administrative unit" means a school district, a board of21
cooperative services,
A CHARTER SCHOOL NETWORK , A CHARTER SCHOOL22
COLLABORATIVE, or the state charter school institute, that is providing23
educational services to exceptional children.24
SECTION 13. In Colorado Revised Statutes, 22-20-202, amend25
(1) as follows:26
22-20-202. Definitions. As used in this part 2, unless the context27
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(1) "Administrative unit" means a school district, a board of2
cooperative services,
A CHARTER SCHOOL NETWORK , A CHARTER SCHOOL3
COLLABORATIVE, or the state charter school institute that is providing4
educational services to exceptional children and that is responsible for the5
local administration of this article
ARTICLE 20.6
SECTION 14. In Colorado Revised Statutes, 27-10.5-702,7
amend (1) as follows:8
27-10.5-702. Definitions. As used in this part 7, unless the9
context otherwise requires:10
(1) "Administrative unit" means a school district, a board of11
cooperative services,
A CHARTER SCHOOL NETWORK , A CHARTER SCHOOL12
COLLABORATIVE, or the state charter school institute that is providing13
educational services to exceptional children and that is responsible for the14
local administration of the education of exceptional children pursuant to15
article 20 of title 22. C.R.S.
16
SECTION 15. Act subject to petition - effective date. This act17
takes effect at 12:01 a.m. on the day following the expiration of the18
ninety-day period after final adjournment of the general assembly; except19
that, if a referendum petition is filed pursuant to section 1 (3) of article V20
of the state constitution against this act or an item, section, or part of this21
act within such period, then the act, item, section, or part will not take22
effect unless approved by the people at the general election to be held in23
November 2022 and, in such case, will take effect on the date of the24
official declaration of the vote thereon by the governor.25
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