Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 22-0304.01 Alana Rosen x2606
HOUSE BILL 22-1294
House Committees Senate Committees
Education Education
Appropriations
A BILL FOR AN ACT
C
ONCERNING ADDITIONAL PATHW AYS TO PROVIDE SPECIAL101
EDUCATION SERVICES TO CHIL DREN WITH DISABILITIES IN102
CHARTER SCHOOLS, AND, IN CONNECTION THEREWITH , MAKING
103
AN APPROPRIATION.104
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
SENATE
Amended 2nd Reading
April 21, 2022
HOUSE
3rd Reading Unamended
March 29, 2022
HOUSE
Amended 2nd Reading
March 28, 2022
HOUSE SPONSORSHIP
Michaelson Jenet and Young, Amabile, Benavidez, Bernett, Bird, Carver, Cutter, Exum,
Froelich, Gonzales-Gutierrez, Gray, Herod, Hooton, Jodeh, Kennedy, Lindsay, Lontine,
McCluskie, McCormick, McLachlan, Ortiz, Ricks, Snyder, Titone, Woodrow
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. develop and administer an enrollment preference plan to give enrollment
preference to children with disabilities. In exercising the enrollment
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
1294
-2- special education and related services to participating schools as
authorized by the contract creating the charter school collaborative.
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
1294-3- MAY GIVE ENROLLMENT PREFERENCE TO CHILDREN WITH DISABILITIES , AS1
DEFINED IN SECTION 22-20-103. UPON APPROVAL OF THE STATE CHARTER2
SCHOOL INSTITUTE, THE INSTITUTE CHARTER SCHOOL MAY DEVELOP AND3
IMPLEMENT AN ENROLLMENT PREFERENCE PLAN TO INCREASE THE4
ENROLLMENT OF CHILDREN WITH DISABILITIES . IN EXERCISING THE5
ENROLLMENT PREFERENCE PLAN FOR CHILDREN WITH DISABILITIES , AN6
INSTITUTE CHARTER SCHOOL SHALL ENSURE COMPLIANCE WITH THE7
OBLIGATION TO PROVIDE A FREE APPROPRIATE PUBLIC EDUCATION IN THE8
LEAST RESTRICTIVE ENVIRONMENT PURSUANT TO THE FEDERAL9
"I
NDIVIDUALS WITH DISABILITIES EDUCATION ACT", 20 U.S.C. SEC. 140010
ET SEQ., AS AMENDED. AN INSTITUTE CHARTER SCHOOL MAY ALLOW A11
PARENT TO VOLUNTARILY PROVIDE INFORMATION REGARDING WHETHER12
THE PARENT'S CHILD HAS A DISABILITY.13
SECTION 3. In Colorado Revised Statutes, 22-20-103, amend14
(1); and add (3.4) and (3.5) as follows:15
22-20-103. Definitions - repeal. As used in this part 1, unless the16
context otherwise requires:17
(1) "Administrative unit" means a school district, a board of18
cooperative services, a multi-district administrative unit,
A CHARTER19
SCHOOL NETWORK, A CHARTER SCHOOL COLLABORATIVE , or the state20
charter school institute, that is providing educational services to21
exceptional children and that is responsible for the local administration22
of this article
ARTICLE 20.23
(3.4) "C
HARTER SCHOOL COLLABORATIVE " MEANS A CHARTER24
SCHOOL COLLABORATIVE FORMED PURSUANT TO SECTION 22-30.5-603.25
(3.5) "C
HARTER SCHOOL NETWORK " MEANS A CHARTER SCHOOL26
NETWORK FORMED PURSUANT TO SECTION 22-30.5-104.7.27
1294
-4- SECTION 4. In Colorado Revised Statutes, 22-20-106, amend1
(1)(a) and (1)(b) as follows:2
22-20-106. Special education programs - early intervening3
services - rules. (1) (a) Every school district in the state shall be IS either4
an administrative unit in itself or in a board of cooperative services that5
the department designates as an administrative unit or participate IS6
PARTICIPATING in a multi-district administrative unit. The department7
shall not recognize or authorize a group of school districts as an8
administrative unit unless the group of school districts qualifies as a9
multi-district administrative unit or is a board of cooperative services.10
(b) The state charter school institute shall be IS an administrative11
unit for the purpose of delivering special education services to all institute12
charter schools,
AND TO DISTRICT CHARTER SCHOOLS THAT ENTER INTO AN13
AGREEMENT WITH THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO14
SECTION 22-30.5-105.3, and shall meet the criteria established by the state15
board governing the duties and responsibilities of the director of special16
education. An administrative unit shall also be
IS ALSO a school district,17
or board of cooperative services, CHARTER SCHOOL NETWORK , OR18
CHARTER SCHOOL COLLABORATIVE that meets criteria established by the19
state board governing the duties and responsibilities of the director of20
special education and is: either a board of cooperative services that21
conducts special education programs for all school districts that are22
members of the board of cooperative services or is a school district that23
meets criteria of geographic size, location, and number of pupils24
established by the state board to achieve maximum efficiency in25
administering programs of special education.26
(I) A
BOARD OF COOPERATIVE SERVICES THAT CONDUCTS SPECIAL27
1294
-5- EDUCATION PROGRAMS FOR ALL SCHOOL DISTRICTS THAT ARE MEMBERS1
OF THE BOARD OF COOPERATIVE SERVICES ;2
(II) A
SCHOOL DISTRICT THAT MEETS CRITERIA ESTABLISHED BY3
THE STATE BOARD, INCLUDING GEOGRAPHIC SIZE AND LOCATION , TO4
ACHIEVE MAXIMUM EFFICIENCY IN ADMINISTERING PROGRAMS OF SPECIAL5
EDUCATION; OR6
(III) A
CHARTER SCHOOL NETWORK OR CHARTER SCHOOL7
COLLABORATIVE THAT IS DESIGNATED AND APPROVED AS AN8
ADMINISTRATIVE UNIT BY THE
DEPARTMENT, DELIVERS SPECIAL9
EDUCATION SERVICES TO DISTRICT CHARTER SCHOOLS OR INSTITUTE10
CHARTER SCHOOLS, AND MEETS CRITERIA ESTABLISHED BY THE STATE11
BOARD THAT ARE SUBSTANTIALLY CONSISTENT WITH THE CRITERIA12
APPLIED TO BOARDS OF COOPERATIVE SERVICES AND SCHOOL DISTRICTS .13
SECTION 5. In Colorado Revised Statutes, 22-20-109, add (5.5)14
as follows:15
22-20-109. Tuition - rules. (5.5) (a) N
OTWITHSTANDING THE16
PROVISIONS OF SUBSECTION (5) OF THIS SECTION, IF A CHILD WITH A17
DISABILITY ENROLLS IN A DISTRICT OR INSTITUTE CHARTER SCHOOL THAT18
PARTICIPATES IN AN ALTERNATIVE ADMINISTRATIVE UNIT , THE19
ALTERNATIVE ADMINISTRATIVE UNIT IS DEEMED THE ADMINISTRATIVE20
UNIT OF RESIDENCE AND OF ATTENDANCE SO LONG AS THE CHILD IS21
ENROLLED IN THE ALTERNATIVE ADMINISTRATIVE UNIT . IF THE PARENTS22
OF A CHILD WITH A DISABILITY REMOVE THE CHILD
FROM ENROLLMENT23
IN THE ALTERNATIVE ADMINISTRATIVE UNIT AFTER THE ANNUAL COUNT24
DATE TO DETERMINE STATE FUNDING FOR CHILDREN WITH DISABILITIES,25
THE ALTERNATIVE ADMINISTRATIVE UNIT CONTINUES TO BE DEEMED THE26
ADMINISTRATIVE UNIT OF RESIDENCE FOR THAT CHILD FOR THE27
1294
-6- REMAINDER OF THE SCHOOL YEAR AND MAY BE REQUIRED TO PAY THE1
TUITION CHARGE FOR EXCESS COSTS TO THE ADMINISTRATIVE UNIT OF2
ATTENDANCE THAT ENROLLS THE CHILD FOR THE REMAINDER OF THE3
SCHOOL YEAR.4
(b) (I) I
F A CHILD WITH A DISABILITY WHO IS ENROLLED IN AN
5
ALTERNATIVE ADMINISTRATIVE UNIT IS PLACED BY AN IEP TEAM IN AN6
APPROVED FACILITY SCHOOL OR OTHER PRIVATE SETTING FOR SPECIAL7
EDUCATION PURPOSES, THE CHILD WITH A DISABILITY CONTINUES TO BE8
ENROLLED IN THE ALTERNATIVE ADMINISTRATIVE UNIT UNTIL :9
(A) T
HE PARENTS OF THE CHILD WITH A DISABILITY INITIATE A
10
CHANGE IN ENROLLMENT THAT RESULTS IN THE CHILD WITH A DISABILITY11
ATTENDING A SCHOOL AFFILIATED WITH A DIFFERENT ADMINISTRATIVE12
UNIT;13
(B) T
HE CHILD WITH A DISABILITY IS NO LONGER ENROLLED IN THE
14
SCHOOL OF THE ALTERNATIVE ADMINISTRATIVE UNIT BECAUSE THE CHILD15
WITH A DISABILITY IS NO LONGER ENTITLED BY AGE TO CONTINUE IN THE16
SCHOOL OF THE ALTERNATIVE ADMINISTRATIVE UNIT , UNLESS THE CHILD17
WITH A DISABILITY HAS REACHED THE AGE OF EIGHTEEN AND QUALIFIES18
FOR TRANSITION SERVICES AND IS ENROLLED IN A SCHOOL THAT OFFERS19
HIGH SCHOOL;20
(C) T
HE CHILD WITH A DISABILITY IS NO LONGER ENROLLED IN THE
21
SCHOOL OF THE ALTERNATIVE ADMINISTRATIVE UNIT BECAUSE THE CHILD22
WITH A DISABILITY IS HOME-SCHOOLED OR ENROLLED IN A PRIVATE23
SCHOOL FOR GENERAL EDUCATION PURPOSES ; OR24
(D) T
HE PLACEMENT OF THE CHILD WITH A DISABILITY IN AN
25
APPROVED FACILITY SCHOOL OR OTHER PRIVATE SETTING FOR SPECIAL26
EDUCATION PURPOSES ENDS AND , SUBSEQUENTLY, THE ENROLLMENT OF27
1294
-7- THE CHILD WITH A DISABILITY IN THE ALTERNATIVE ADMINISTRATIVE UNIT1
ENDS FOR ANY REASON PERMITTED BY LAW .2
(II) N
OTHING IN THIS SUBSECTION (5.5)(b) MODIFIES SUBSECTION
3
(5.5)(a)
OF THIS SECTION.
4
(c) THE ALTERNATIVE ADMINISTRATIVE UNIT IN WHICH A DISTRICT5
OR INSTITUTE CHARTER SCHOOL PARTICIPATES SHALL NOT CHARGE THE6
DISTRICT OF RESIDENCE TUITION FOR THE EXCESS COSTS INCURRED IN7
EDUCATING A CHILD WITH A DISABILITY UNLESS THE CHILD IS PLACED BY8
A MULTIDISCIPLINARY TEAM PURSUANT TO SECTION 22-20-108 (4) IN THE9
ALTERNATIVE ADMINISTRATIVE UNIT AND THE CHILD MEETS THE CRITERIA10
FOR FUNDING PURSUANT TO SECTION 22-20-114 (1)(c)(II).11
12
(d) IF THE ALTERNATIVE ADMINISTRATIVE UNIT CHARGES TUITION13
AS ALLOWED IN SUBSECTION (5.5)(c) OF THIS SECTION, THE AMOUNT OF14
THE TUITION CHARGED MUST BE DETERMINED PURSUANT TO RULES15
ADOPTED BY THE STATE BOARD PURS UANT TO SUBSECTION (7) OF THIS16
SECTION. THE TUITION RESPONSIBILITY MUST BE REFLECTED IN A17
CONTRACT BETWEEN THE DISTRICT OR INSTITUTE CHARTER SCHOOL , THE18
DISTRICT OF RESIDENCE, AND THE ALTERNATIVE ADMINISTRATIVE UNIT IN19
WHICH THE DISTRICT OR INSTITUTE CHARTER SCHOOL PARTICIPATES . THE20
CONTRACT MUST BE IN A FORM APPROVED BY THE ALTERNATIVE21
ADMINISTRATIVE UNIT IN WHICH THE DISTRICT OR INSTITUTE CHARTER22
SCHOOL PARTICIPATES. UNDER THE CIRCUMSTANCES DESCRIBED IN THIS23
SUBSECTION (5.5), SECTION 22-20-108 (8) DOES NOT APPLY.24
(e) AS USED IN THIS SUBSECTION (5.5), "ALTERNATIVE25
ADMINISTRATIVE UNIT" HAS THE SAME MEANING AS PROVIDED IN SECTION26
22-30.5-103.27
1294
-8- SECTION 6. In Colorado Revised Statutes, 22-30.5-103, amend1
(1); and add (1.3) as follows:2
22-30.5-103. Definitions. As used in this part 1, unless the3
context otherwise requires:4
(1) "At-risk pupil" means a pupil who, because of physical,5
emotional, socioeconomic, or cultural factors, is less likely to succeed in6
a conventional educational environment "ALTERNATIVE ADMINISTRATIVE7
UNIT" MEANS THE STATE CHARTER SCHOOL INSTITUTE ACTING IN8
ACCORDANCE WITH SECTION 22-30.5-105.3 AS THE ADMINISTRATIVE UNIT,9
PURSUANT TO SECTION 22-20-106 (1)(b), FOR A CHARTER SCHOOL10
AUTHORIZED BY A SCHOOL DISTRICT, A CHARTER SCHOOL NETWORK11
AUTHORIZED AND ACTING AS AN ADMINISTRATIVE UNIT PURSUANT TO12
SECTION 22-20-106 (1)(b), OR A CHARTER SCHOOL COLLABORATIVE13
AUTHORIZED AND ACTING AS AN ADMINISTRATIVE UNIT PURSUANT TO14
SECTION 22-20-106 (1)(b).15
(1.3) "A
T-RISK PUPIL" MEANS A PUPIL WHO, BECAUSE OF PHYSICAL,16
EMOTIONAL, SOCIOECONOMIC, OR CULTURAL FACTORS, IS LESS LIKELY TO17
SUCCEED IN A CONVENTIONAL EDUCATIONAL ENVIRONMENT .18
SECTION 7. In Colorado Revised Statutes, add 22-30.5-105.319
as follows:20
22-30.5-105.3. Charter schools - alternative administrative21
units - process. (1) A
CHARTER SCHOOL THAT IS PART OF A CHARTER22
SCHOOL NETWORK OR A MEMBER OF A CHARTER SCHOOL COLLABORATIVE ,23
WHICH NETWORK OR COLLABORATIVE IS AUTHORIZED AS AN24
ADMINISTRATIVE UNIT PURSUANT TO SECTION 22-20-106, SHALL NOTIFY25
ITS AUTHORIZING SCHOOL DISTRICT OF ITS INTENT TO PARTICIPATE IN THE26
ADMINISTRATIVE UNIT OF THE NETWORK OR COLLABORATIVE WITH WHICH27
1294
-9- THE CHARTER SCHOOL IS AFFILIATED. AFTER THE DEPARTMENT APPROVES1
THE APPLICATION OF A CHARTER SCHOOL NETWORK OR COLLABORATIVE2
TO FORM AN ALTERNATIVE ADMINISTRATIVE UNIT PURSUANT TO SECTION3
22-20-106, THE CHARTER SCHOOL THAT IS PART OF THE CHARTER SCHOOL4
NETWORK OR COLLABORATIVE AUTHORIZED AS AN ADMINISTRATIVE UNIT5
AND ITS AUTHORIZING SCHOOL DISTRICT SHALL AMEND THE CHARTER6
CONTRACT, PURSUANT TO THIS SUBSECTION (1), AS NECESSARY TO ALLOW7
THE CHARTER SCHOOL TO PARTICIPATE IN THE ALTERNATIVE8
ADMINISTRATIVE UNIT.9
(2) (a) A
CHARTER SCHOOL MAY ENTER INTO AN AGREEMENT TO10
PARTICIPATE IN AN EXISTING ALTERNATIVE ADMINISTRATIVE UNIT IF THE11
CHARTER SCHOOL:12
(I) D
EMONSTRATES THE CAPACITY AND COMMITMENT TO SERVE13
CHILDREN WITH DISABILITIES, AS DEFINED IN SECTION 22-20-103,14
THROUGH AN ANALYSIS OF THE CHARTER SCHOOL 'S EXISTING RECORD OF15
SERVING CHILDREN WITH DISABILITIES OR BY EXPRESSLY SUBMITTING A16
PLAN TO THE ALTERNATIVE ADMINISTRATIVE UNIT ARTICULATING AN17
EXISTING OR INTENDED COMMITMENT ;18
(II) C
REATES A STRATEGIC PLAN
FOR THE ENROLLMENT OF19
CHILDREN WITH DISABILITIES IN THE CHARTER SCHOOL TO INCREASE20
EDUCATIONAL OPTIONS FOR FAMILIES WITH CHILDREN WITH DISABILITIES ;21
(III) H
AS OR DEVELOPS AND IMPLEMENTS SPECIAL EDUCATION22
PROGRAMMING THAT RESULTS IN THE
CONTINUED ENROLLMENT OF23
CHILDREN WITH DISABILITIES;24
(IV) H
AS OR DEVELOPS AND IMPLEMENTS MULTI -TIERED SYSTEMS25
OF SUPPORT TO IDENTIFY AND REFER CHILDREN WITH DISABILITIES TO26
SPECIAL EDUCATION SERVICES; AND27
1294
-10- (V) DEMONSTRATES HOW THE AGREEMENT WITH THE1
ALTERNATIVE ADMINISTRATIVE UNIT WILL ALLOW THE CHARTER SCHOOL2
TO BETTER AND MORE EFFICIENTLY SERVE CHILDREN WITH DISABILITIES .3
(b) A
CHARTER SCHOOL MAY SUBMIT A REQUEST TO AN EXISTING4
ALTERNATIVE ADMINISTRATIVE UNIT TO ENTER INTO AN AGREEMENT TO5
PARTICIPATE IN THE EXISTING ALTERNATIVE ADMINISTRATIVE UNIT . AN6
EXISTING ALTERNATIVE ADMINISTRATIVE UNIT MAY ENTER INTO AN7
AGREEMENT ONLY IF THE EXISTING ALTERNATIVE ADMINISTRATIVE UNIT8
DETERMINES THAT THE CHARTER SCHOOL MEETS THE CRITERIA SET FORTH9
IN SUBSECTION (2)(a) OF THIS SECTION.10
(c) A
CHARTER SCHOOL THAT ENTERS INTO AN AGREEMENT TO11
PARTICIPATE IN AN ALTERNATIVE ADMINISTRATIVE UNIT PURSUANT TO12
SUBSECTION (2)(b) OF THIS SECTION SHALL NOTIFY ITS AUTHORIZING13
SCHOOL DISTRICT OF THE INTENT TO PARTICIPATE IN AN ALTERNATIVE14
ADMINISTRATIVE UNIT.
AFTER THE DEPARTMENT APPROVES AN15
APPLICATION FOR THE REORGANIZATION OF THE ALTERNATIVE16
ADMINISTRATIVE UNIT TO INCLUDE THE CHARTER SCHOOL, THE CHARTER17
SCHOOL AND ITS AUTHORIZING SCHOOL DISTRICT SHALL AMEND THE18
CHARTER CONTRACT , PURSUANT TO THIS SECTION, AS NECESSARY TO19
ALLOW THE CHARTER SCHOOL TO PARTICIPATE IN THE ALTERNATIVE20
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 DEPARTMENT HAS APPROVED AN ALTERNATIVE27
1294
-11- ADMINISTRATIVE UNIT TO INCLUDE THE CHARTER SCHOOL BUT THE1
CHARTER SCHOOL AND ITS AUTHORIZING SC HOOL DISTRICT CANNOT AGREE2
ON AN AMENDMENT TO THE CHARTER CONTRACT FOR THE CHARTER3
SCHOOL TO PARTICIPATE IN THE ALTERNATIVE ADMINISTRATIVE UNIT , THE4
CHARTER SCHOOL MAY FILE A NOTICE WITH THE STATE BOARD AS5
PROVIDED IN SECTION 22-30.5-108 TO APPEAL THE DECISION OF ITS6
AUTHORIZING SCHOOL DISTRICT AS A UNILATERAL IMPOSITION OF7
CONDITIONS ON THE CHARTER SCHOOL . THE STATE BOARD SHALL DECIDE8
THE APPEAL PURSUANT TO SECTION 22-30.5-108.9
(b) N
EGOTIATIONS TO AMEND THE CHARTER CONTRACT TO ALLOW10
THE CHARTER SCHOOL TO PARTICIPATE IN THE ALTERNATIVE11
ADMINISTRATIVE UNIT MUST NOT INCLUDE NEGOTIATIONS REGARDING12
TERMS OF THE CHARTER CONTRACT THAT ARE NOT DIRECTLY IMPACTED BY13
THE CHARTER SCHOOL 'S PARTICIPATION IN THE ALTERNATIVE14
ADMINISTRATIVE UNIT AND MUST NOT UNILATERALLY REOPEN THE15
CHARTER SCHOOL'S AUTHORIZATION. THE AMENDED CONTRACT MAY16
INCLUDE PROVISIONS PERMITTING CONSIDERATION OF THE CHARTER17
SCHOOL'S SPECIAL EDUCATION PERFORMANCE AS PART OF THE OVERALL18
CHARTER SCHOOL PERFORMANCE .19
(4) (a) A
CHARTER SCHOOL THAT PARTICIPATES IN AN20
ALTERNATIVE ADMINISTRATIVE UNIT IS NOT RESPONSIBLE FOR PAYING ANY21
PORTION OF THE SPECIAL EDUCATION COSTS OF ITS AUTHORIZING SCHOOL22
DISTRICT.23
(b) FOR A CHILD WITH DISABILITIES WHO IS ENROLLED IN A24
CHARTER SCHOOL THAT PARTICIPATES IN AN ALTERNATIVE25
ADMINISTRATIVE UNIT, THE ALTERNATIVE ADMINISTRATIVE UNIT, FOR THE26
DURATION OF THE CHILD'S ENROLLMENT IN THE CHARTER SCHOOL , IS27
1294
-12- SOLELY LEGALLY AND FISCALLY RESPONSIBLE FOR SPECIALIZED1
INSTRUCTION AND RELATED SERVICES TO PROVIDE A FREE APPROPRIATE2
PUBLIC EDUCATION FOR THE CHILD AND FOR DISPUTE RESOLUTION3
PURSUANT TO THE "EXCEPTIONAL CHILDREN'S EDUCATIONAL ACT",4
ARTICLE 20 OF THIS TITLE 22, AND THE FEDERAL "INDIVIDUALS WITH5
DISABILITIES EDUCATION ACT", 20 U.S.C. SEC. 1400 ET SEQ., AS6
AMENDED. DISPUTE RESOLUTION INCLUDES, BUT IS NOT LIMITED TO,7
RESOLUTION OF STATE COMPLAINTS, DUE PROCESS HEARINGS, AND8
INVESTIGATIONS BY THE FEDERAL DEPARTMENT OF EDUCATION . 9
(5) A SCHOOL DISTRICT SHALL NOT REQUIRE A CHARTER SCHOOL10
TO PARTICIPATE IN AN ALTERNATIVE ADMINISTRATIVE UNIT AS A11
CONDITION OF APPROVAL OF ITS APPLICATION OR APPROVAL OR RENEWAL12
OF ITS CONTRACT WITH THE SCHOOL DISTRICT .13
SECTION 8. In Colorado Revised Statutes, 22-30.5-502, amend14
(1); and add (1.3) as follows:15
22-30.5-502. Definitions. As used in this part 5, unless the16
context otherwise requires:17
(1) "At-risk student" means a student:18
(a) Who is eligible to receive free or reduced-cost lunch pursuant19
to the provisions of the federal "Richard B. Russell National School20
Lunch Act", 42 U.S.C. sec. 1751 et seq.; or21
(b) Who has performed below the level of meeting expectations,22
as identified by rule of the state board, on a statewide English language23
arts or mathematics assessment "ALTERNATIVE ADMINISTRATIVE UNIT "24
HAS THE SAME MEANING AS SET FORTH IN SECTION 22-30.5-103 (1).25
(1.3) "A
T-RISK STUDENT" MEANS A STUDENT:26
(a) W
HO IS ELIGIBLE TO RECEIVE FREE OR REDUCED-PRICE LUNCH27
1294
-13- PURSUANT TO THE PROVISIONS OF THE FEDERAL "RICHARD B. RUSSELL1
N
ATIONAL SCHOOL LUNCH ACT", 42 U.S.C. SEC. 1751 ET SEQ.; OR2
(b) W
HO HAS PERFORMED BELOW THE LEVEL OF MEETING3
EXPECTATIONS, AS IDENTIFIED BY RULE OF THE STATE BOARD , ON A4
STATEWIDE ENGLISH LANGUAGE ARTS OR MATHEMATICS ASSESSMENT .5
SECTION 9. In Colorado Revised Statutes, 22-30.5-505, amend6
(4) introductory portion, (4)(k), and (4)(l); and add (4)(m) and (21) as7
follows:8
22-30.5-505. State charter school institute - institute board -9
appointment - powers and duties - rules. (4) In addition to any other10
powers granted by law to the institute board, the institute board shall have
11
HAS the following powers:12
(k) To promulgate rules in accordance with article 4 of title 2413
C.R.S., for the administration of this part 5; and14
(l) To award grants from the institute charter school assistance15
fund as provided in section 22-30.5-515.5;
AND16
(m) T
O ENTER INTO AN AGREEMENT WITH A DISTRICT CHARTER17
SCHOOL AS PROVIDED IN SECTION 22-30.5-105.3 TO ALLOW THE DISTRICT18
CHARTER SCHOOL TO PARTICIPATE IN THE ADMINISTRATIVE UNIT OF THE19
STATE CHARTER SCHOOL INSTITUTE TO PROVIDE SERVICES PURSUANT TO20
ARTICLE 20 OF THIS TITLE 22.21
(21) (a) A
N INSTITUTE CHARTER SCHOOL THAT IS PART OF A22
CHARTER SCHOOL NETWORK OR A MEMBER OF A CHARTER SCHOOL23
COLLABORATIVE, WHICH NETWORK OR COLLABORATIVE IS AUTHORIZED AS24
AN ADMINISTRATIVE UNIT PURSUANT TO SECTION 22-20-106, SHALL25
NOTIFY THE INSTITUTE OF ITS INTENT TO PARTICIPATE IN THE26
ADMINISTRATIVE UNIT OF THE NETWORK OR COLLABORATIVE WITH WHICH27
1294
-14- THE INSTITUTE CHARTER SCHOOL IS AFFILIATED. THE INSTITUTE CHARTER1
SCHOOL AND THE INSTITUTE SHALL AMEND THE INSTITUTE CHARTER2
CONTRACT, PURSUANT TO THIS SECTION, AS NECESSARY TO ALLOW THE3
INSTITUTE CHARTER SCHOOL TO PARTICIPATE IN THE ALTERNATIVE4
ADMINISTRATIVE UNIT.5
(b) A
N INSTITUTE CHARTER SCHOOL MAY SUBMIT A REQUEST TO6
AN EXISTING ALTERNATIVE ADMINISTRATIVE UNIT THAT IS NOT THE7
INSTITUTE TO ENTER INTO AN AGREEMENT TO PARTICIPATE IN THE8
EXISTING ALTERNATIVE ADMINISTRATIVE UNIT . AN EXISTING9
ALTERNATIVE ADMINISTRATIVE UNIT THAT IS NOT THE INSTITUTE MAY10
ENTER INTO AN AGREEMENT ONLY IF THE EXISTING ALTERNATIVE11
ADMINISTRATIVE UNIT DETERMINES THAT THE INSTITUTE CHARTER12
SCHOOL MEETS THE CRITERIA SET FORTH IN SECTION 22-30.5-105.3 (2)(a).13
(c) A
N INSTITUTE CHARTER SCHOOL THAT ENTERS INTO AN14
AGREEMENT WITH AN ALTERNATIVE ADMINISTRATIVE UNIT PURSUANT TO15
SUBSECTION (21)(b) OF THIS SECTION SHALL NOTIFY THE INSTITUTE OF ITS16
INTENT TO PARTICIPATE IN THE ADMINISTRATIVE UNIT OF A CHARTER17
SCHOOL NETWORK OR CHARTER SCHOOL COLLABORATIVE THAT IS18
AUTHORIZED AS AN ADMINISTRATIVE UNIT PURSUANT TO SECTION19
22-20-106.
THE INSTITUTE CHARTER SCHOOL AND THE INSTITUTE SHALL20
AMEND THE INSTITUTE CHARTER SCHOOL CONTRACT AS NECESSARY TO21
ALLOW THE INSTITUTE CHARTER SCHOOL TO PARTICIPATE IN THE22
ALTERNATIVE ADMINISTRATIVE UNIT .23
(d) I
F THE INSTITUTE OBJECTS TO AMENDING AN INSTITUTE24
CHARTER SCHOOL 'S CONTRACT TO ALLOW PARTICIPATION IN AN25
ALTERNATIVE ADMINISTRATIVE UNIT PURSUANT TO SUBSECTION (21)(a)26
OR (21)(b) OF THIS SECTION, THE INSTITUTE SHALL PROVIDE TO THE27
1294
-15- INSTITUTE CHARTER SCHOOL A WRITTEN EXPLANATION OF THE GROUNDS1
FOR ITS OBJECTION.2
(e) N
EGOTIATIONS TO AMEND THE INSTITUTE CHARTER CONTRACT3
TO ALLOW THE INSTITUTE CHARTER SCHOOL TO PARTICIPATE IN THE4
ALTERNATIVE ADMINISTRATIVE UNIT PURSUANT TO THIS SUBSECTION (21)5
MUST NOT INCLUDE NEGOTIATIONS REGARDING TERMS OF THE INSTITUTE6
CHARTER CONTRACT THAT ARE NOT DIRECTLY IMPACTED BY THE7
INSTITUTE CHARTER SCHOOL 'S PARTICIPATION IN THE ALTERNATIVE8
ADMINISTRATIVE UNIT AND MUST NOT UNILATERALLY REOPEN THE9
INSTITUTE CHARTER SCHOOL'S AUTHORIZATION. THE AMENDED CONTRACT10
MAY INCLUDE PROVISIONS PERMITTING CONSIDERATION OF THE INSTITUTE11
CHARTER SCHOOL'S SPECIAL EDUCATION PERFORMANCE AS PART OF THE12
OVERALL INSTITUTE CHARTER SCHOOL PERFORMANCE .13 (f) THE STATE CHARTER SCHOOL INSTITUTE SHALL NOT REQUIRE14
AN INSTITUTE CHARTER SCHOOL TO PARTICIPATE IN AN ALTERNATIVE15
ADMINISTRATIVE UNIT AS A CONDITION OF APPROVAL OF ITS APPLICATION16
OR APPROVAL OR RENEWAL OF ITS CONTRACT WITH THE STATE CHARTER17
SCHOOL INSTITUTE.18
SECTION 10. In Colorado Revised Statutes, 22-30.5-513, add19
(11) as follows:20
22-30.5-513. Institute charter schools - funding - at-risk21
supplemental aid - legislative declaration - definitions. (11) (a) F
OR
22
THE 2022-23 BUDGET YEAR, THE GENERAL ASSEMBLY SHALL APPROPRIATE23
THREE HUNDRED SEVENTY FIVE THOUSAND DOLLARS FROM THE GENERAL24
FUND TO THE INSTITUTE TO DISTRIBUTE TO ELIGIBLE INSTITUTE CHARTER25
SCHOOLS.26
(b) A
S USED IN THIS SUBSECTION (11), "ELIGIBLE INSTITUTE
27
1294
-16- CHARTER SCHOOL" MEANS AN INSTITUTE CHARTER SCHOOL , AT LEAST1
FIFTY PERCENT OF THE STUDENT POPULATION OF WHICH RECEIVES SPECIAL2
EDUCATION SERVICES THROUGH THE ADMINISTRATIVE UNIT OF THE3
INSTITUTE.4
SECTION 11. In Colorado Revised Statutes, 22-30.5-603, add5
(3.7) as follows:6
22-30.5-603. Charter school collaborative - creation - public7
status - structure. (3.7) (a) A
CHARTER SCHOOL COLLABORATIVE MAY8
PROVIDE SPECIAL EDUCATION AND RELATED SERVICES TO PARTICIPATING9
CHARTER SCHOOLS AS AUTHORIZED BY THE CONTRACT CREATING THE10
CHARTER SCHOOL COLLABORATIVE PURSUANT TO SUBSECTION (4) OF THIS11
SECTION. PARTICIPATING CHARTER SCHOOLS OF THE CHARTER SCHOOL12
COLLABORATIVE SHALL SHARE COSTS AND FINANCIAL SUPPORT FOR13
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO THE CHARTER14
SCHOOL COLLABORATIVE CONTRACT .15
(b) A
CHARTER SCHOOL COLLABORATIVE MAY BE AUTHORIZED AS16
AN ADMINISTRATIVE UNIT PURSUANT TO SECTION 22-20-106, AND17
CHARTER SCHOOLS PARTICIPATING IN THE ADMINISTRATIVE UNIT OF THE18
CHARTER SCHOOL COLLABORATIVE SHALL SHARE COSTS AND FINANCIAL19
SUPPORT FOR SPECIAL EDUCATION AND RELATED SERVICES .20
SECTION 12.
In Colorado Revised Statutes, 22-30.5-112, add21
(2)(a.8)(III) as follows:22
22-30.5-112. Charter schools - financing - guidelines -23
definitions. (2) (a.8) (III) A
S USED IN THIS SUBSECTION (2)(a.8),24
"
FEDERALLY REQUIRED EDUCATIONAL SERVICES " MEANS SERVICES THAT25
A LOCAL EDUCATIONAL AGENCY IS REQUIRED TO PROVIDE TO CERTAIN26
STUDENTS BY FEDERAL LAW AND THAT THE SC HOOL DISTRICT MAKES27
1294
-17- AVAILABLE TO STUDENTS IN THE CHARTER SCHOOL IF AND WHEN NEEDED .1
"F
EDERALLY REQUIRED EDUCATIONAL SERVICES " DOES NOT INCLUDE2
SERVICES NOT MADE AVAILABLE TO THE CHARTER SCHOOL .3
SECTION 13.
In Colorado Revised Statutes, 22-5.5-103, amend4
the introductory portion and (1) as follows:5
22-5.5-103. Definitions. As used in this article ARTICLE 5.5,6
unless the context otherwise requires:7
(1) "Administrative unit" means a school district, a board of8
cooperative services,
A CHARTER SCHOOL NETWORK , A CHARTER SCHOOL9
COLLABORATIVE, or the state charter school institute, that is providing10
educational services to exceptional children.11
SECTION 14.
In Colorado Revised Statutes, 22-20-202, amend12
(1) as follows:13
22-20-202. Definitions. As used in this part 2, unless the context14
otherwise requires:15
(1) "Administrative unit" means a school district, a board of16
cooperative services,
A CHARTER SCHOOL NETWORK , A CHARTER SCHOOL17
COLLABORATIVE, or the state charter school institute that is providing18
educational services to exceptional children and that is responsible for the19
local administration of this article
ARTICLE 20.20
SECTION 15. In Colorado Revised Statutes, 27-10.5-702,21
amend (1) as follows:22
27-10.5-702. Definitions. As used in this part 7, unless the23
context otherwise requires:24
(1) "Administrative unit" means a school district, a board of25
cooperative services,
A CHARTER SCHOOL NETWORK , A CHARTER SCHOOL26
COLLABORATIVE, or the state charter school institute that is providing27
1294
-18- educational services to exceptional children and that is responsible for the1
local administration of the education of exceptional children pursuant to2
article 20 of title 22. C.R.S.3
SECTION 16. Appropriation. For the 2022-23 state fiscal year,4
$375,000 is appropriated to the department of education for use by the5
state charter school institute. This appropriation is from the general fund.6
To implement this act, the institute may use this appropriation for7
distributions to eligible institute charter schools pursuant to section8
22-30.5-513 (11), C.R.S.9
SECTION 17. Act subject to petition - effective date. This act10
takes effect at 12:01 a.m. on the day following the expiration of the11
ninety-day period after final adjournment of the general assembly; except12
that, if a referendum petition is filed pursuant to section 1 (3) of article V13
of the state constitution against this act or an item, section, or part of this14
act within such period, then the act, item, section, or part will not take15
effect unless approved by the people at the general election to be held in16
November 2022 and, in such case, will take effect on the date of the17
official declaration of the vote thereon by the governor.18
1294
-19-