HOUSE BILL 22-1294
BY REPRESENTATIVE(S) 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, Esgar, McKean, Valdez A.;
also SENATOR(S) Zenzinger and Gardner, Bridges, Buckner, Donovan,
Fields, Ginal, Gonzales, Hisey, Holbert, Lee, Lundeen, Moreno, Pettersen,
Priola, Rankin, Simpson, Smallwood, Woodward, Fenberg.
C
ONCERNING ADDITIONAL PATHWAYS TO PROVIDE SPECIAL EDUCATION
SERVICES TO CHILDREN WITH DISABILITIES IN CHARTER SCHOOLS
,
AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 22-30.5-104, add
(3)(a.5) as follows:
22-30.5-104. Charter school - requirements - authority - rules -
definitions. (3) (a.5) A
CHARTER SCHOOL MAY GIVE PREFERENCE TO
ENROLLING CHILDREN WITH DISABILITIES
, AS DEFINED IN SECTION 22-20-103.
U
PON APPROVAL OF THE LOCAL BOARD OF EDUCATION , THE CHARTER
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. SCHOOL MAY DEVELOP AND IMPLEMENT AN ENROLLMENT PREFERENCE PLAN
TO INCREASE THE ENROLLMENT OF CHILDREN WITH DISABILITIES
. IN
EXERCISING THE ENROLLMENT PREFERENCE PLAN FOR CHILDREN WITH
DISABILITIES
, A 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", 20 U.S.C. SEC. 1400 ET
SEQ
., AS AMENDED. A CHARTER SCHOOL MAY ALLOW A PARENT TO
VOLUNTARILY PROVIDE INFORMATION REGARDING WHETHER THE PARENT
'S
CHILD HAS A DISABILITY
.
SECTION 2. In Colorado Revised Statutes, 22-30.5-507, add
(3)(a.5) as follows:
22-30.5-507. Institute charter school - requirements - authority
- rules - definitions. (3) (a.5) A
N INSTITUTE CHARTER SCHOOL MAY GIVE
ENROLLMENT PREFERENCE TO CHILDREN WITH DISABILITIES
, AS DEFINED IN
SECTION
22-20-103. UPON APPROVAL OF THE STATE CHARTER SCHOOL
INSTITUTE
, THE INSTITUTE CHARTER SCHOOL MAY DEVELOP AND IMPLEMENT
AN ENROLLMENT PREFERENCE PLAN TO INCREASE THE ENROLLMENT OF
CHILDREN WITH DISABILITIES
. IN EXERCISING THE ENROLLMENT PREFERENCE
PLAN FOR CHILDREN WITH DISABILITIES
, 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", 20 U.S.C. SEC. 1400 ET SEQ., AS AMENDED. AN INSTITUTE CHARTER
SCHOOL MAY ALLOW A PARENT TO VOLUNTARILY PROVIDE INFORMATION
REGARDING WHETHER THE PARENT
'S CHILD HAS A DISABILITY.
SECTION 3. In Colorado Revised Statutes, 22-20-103, amend (1);
and add (3.4) and (3.5) as follows:
22-20-103. Definitions - repeal. As used in this part 1, unless the
context otherwise requires:
(1) "Administrative unit" means a school district, a board of
cooperative services, a multi-district administrative unit,
A CHARTER
SCHOOL NETWORK
, A CHARTER SCHOOL COLLABORATIVE , or the state charter
school institute, that is providing educational services to exceptional
children and that is responsible for the local administration of this article
PAGE 2-HOUSE BILL 22-1294 ARTICLE 20.
(3.4) "C
HARTER SCHOOL COLLABORATIVE " MEANS A CHARTER
SCHOOL COLLABORATIVE FORMED PURSUANT TO SECTION
22-30.5-603.
(3.5) "C
HARTER SCHOOL NETWORK " MEANS A CHARTER SCHOOL
NETWORK FORMED PURSUANT TO SECTION
22-30.5-104.7.
SECTION 4. In Colorado Revised Statutes, 22-20-106, amend
(1)(a) and (1)(b) as follows:
22-20-106. Special education programs - early intervening
services - rules. (1) (a) Every school district in the state shall be
IS either
an administrative unit in itself or in a board of cooperative services that the
department designates as an administrative unit or participate
IS
PARTICIPATING
in a multi-district administrative unit. The department shall
not recognize or authorize a group of school districts as an administrative
unit unless the group of school districts qualifies as a multi-district
administrative unit or is a board of cooperative services.
(b) The state charter school institute shall be
IS an administrative
unit for the purpose of delivering special education services to all institute
charter schools,
AND TO DISTRICT CHARTER SCHOOLS THAT ENTER INTO AN
AGREEMENT WITH THE STATE CHARTER SCHOOL INSTITUTE PURS UANT TO
SECTION
22-30.5-105.3, and shall meet the criteria established by the state
board governing the duties and responsibilities of the director of special
education. An administrative unit shall also be IS ALSO a school district, or
board of cooperative services, CHARTER SCHOOL NETWORK , OR CHARTER
SCHOOL COLLABORATIVE
that meets criteria established by the state board
governing the duties and responsibilities of the director of special education
and is: either a board of cooperative services that conducts special education
programs for all school districts that are members of the board of
cooperative services or is a school district that meets criteria of geographic
size, location, and number of pupils established by the state board to
achieve maximum efficiency in administering programs of special
education.
(I) A BOARD OF COOPERATIVE SERVICES THAT CONDUCTS SPECIAL
EDUCATION PROGRAMS FOR ALL SCHOOL DISTRICTS THAT ARE MEMBERS OF
THE BOARD OF COOPERATIVE SERVICES
;
PAGE 3-HOUSE BILL 22-1294 (II) A SCHOOL DISTRICT THAT MEETS CRITERIA ESTABLISHED BY THE
STATE BOARD
, INCLUDING GEOGRAPHIC SIZE AND LOCATION , TO ACHIEVE
MAXIMUM EFFICIENCY IN ADMINISTERING PROGRAMS OF SPECIAL
EDUCATION
; OR
(III) A CHARTER SCHOOL NETWORK OR CHARTER SCHOOL
COLLABORATIVE THAT IS DESIGNATED AND APPROVED AS AN
ADMINISTRATIVE UNIT BY THE DEPARTMENT
, DELIVERS SPECIAL EDUCATION
SERVICES TO DISTRICT CHARTER SCHOOLS OR INSTITUTE CHARTER SCHOOLS
,
AND MEETS CRITERIA ESTABLISHED BY THE STATE BOARD THAT ARE
SUBSTANTIALLY CONSISTENT WITH THE CRITERIA APPLIED TO BOARDS OF
COOPERATIVE SERVICES AND SCHOOL DISTRICTS
.
SECTION 5. In Colorado Revised Statutes, 22-20-109, add (5.5)
as follows:
22-20-109. Tuition - rules. (5.5) (a) N
OTWITHSTANDING THE
PROVISIONS OF SUBSECTION
(5) OF THIS SECTION, IF A CHILD WITH A
DISABILITY ENROLLS IN A DISTRICT OR INSTITUTE CHARTER SCHOOL THAT
PARTICIPATES IN AN ALTERNATIVE ADMINISTRATIVE UNIT
, THE ALTERNATIVE
ADMINISTRATIVE UNIT IS DEEMED THE ADMINISTRATIVE UNIT OF RESIDENCE
AND OF ATTENDANCE SO L ONG AS THE CHILD IS ENROLLED IN THE
ALTERNATIVE ADMINISTRATIVE UNIT
. IF THE PARENTS OF A CHILD WITH A
DISABILITY REMOVE THE CHILD FROM ENROLLMENT IN THE ALTERNATIVE
ADMINISTRATIVE UNIT AFTER THE ANNUAL COUNT DATE TO DETERMINE
STATE FUNDING FOR CHILDREN WITH DISABILITIES
, THE ALTERNATIVE
ADMINISTRATIVE UNIT CONTINUES TO BE DEEMED THE ADMINISTRATIVE UNIT
OF RESIDENCE FOR THAT CHILD 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
.
(b) (I) I
F A CHILD WITH A DISABILITY WHO IS ENROLLED IN AN
ALTERNATIVE ADMINISTRATIVE UNIT IS PLACED BY AN
IEP TEAM IN AN
APPROVED FACILITY SCHOOL OR OT HER PRIVATE SETTING FOR SPECIAL
EDUCATION PURPOSES
, THE CHILD WITH A DISABILITY CONTINUES TO BE
ENROLLED IN THE ALTERNATIVE ADMINISTRATIVE UNIT UNTIL
:
(A) T
HE PARENTS OF THE CHILD WITH A DISABILITY INITIATE A
CHANGE IN ENROLLMENT THAT RESULTS IN THE CHILD WITH A DISABILITY
PAGE 4-HOUSE BILL 22-1294 ATTENDING A SCHOOL AFFILIATED WITH A DIFFERENT ADMINISTRATIVE UNIT ;
(B) T
HE CHILD WITH A DISABILITY IS NO LONGER ENROLLED IN THE
SCHOOL OF THE ALTERNATIVE ADMINISTRATIVE UNIT BECAUSE THE CHILD
WITH A DISABILITY IS NO LONGER ENTITLED BY AGE TO CONTINUE IN THE
SCHOOL OF THE ALTERNATIVE ADMINISTRATIVE UNIT
, UNLESS THE CHILD
WITH A DISABILITY HAS REACHED THE AGE OF EIGHTEEN AND QUALIFIES FOR
TRANSITION SERVICES AND IS ENROLLED IN A SCHOOL THAT OFFERS HIGH
SCHOOL
;
(C) T
HE CHILD WITH A DISABILITY IS NO LONGER ENROLLED IN THE
SCHOOL OF THE ALTERNATIVE ADMINISTRATIVE UNIT BECAUSE THE CHILD
WITH A DISABILITY IS HOME
-SCHOOLED OR ENROLLED IN A PRIVATE SCHOOL
FOR GENERAL EDUCATION PURPOSES
; OR
(D) THE PLACEMENT OF THE CHILD WITH A DISABILITY IN AN
APPROVED FACILITY SCHOOL OR OTHER PRIVATE SETTING FOR SPECIAL
EDUCATION PURPOSES ENDS AND
, SUBSEQUENTLY, THE ENROLLMENT OF THE
CHILD WITH A DISABILITY IN THE ALTERNATIVE ADMINISTRATIVE UNIT ENDS
FOR ANY REASON PERMITTED BY LAW
.
(II) N
OTHING IN THIS SUBSECTION (5.5)(b) MODIFIES SUBSECTION
(5.5)(a) OF THIS SECTION.
(c) T
HE ALTERNATIVE ADMINISTRATIVE UNIT IN WHICH A DISTRICT
OR INSTITUTE CHARTER SCHOOL PARTICIPATES SHALL NOT CHARGE THE
DISTRICT OF RESIDENCE TUITION FOR THE EXCESS COSTS INCURRED IN
EDUCATING A CHILD WITH A DISABILITY UNLESS THE CHILD IS PLACED BY A
MULTIDISCIPLINARY TEAM PURSUANT TO SECTION
22-20-108 (4) IN THE
ALTERNATIVE ADMINISTRATIVE UNIT AND THE CHILD MEETS THE CRITERIA
FOR FUNDING PURSUANT TO SECTION
22-20-114 (1)(c)(II).
(d) I
F THE ALTERNATIVE ADMINISTRATIVE UNIT CHARGES TUITION AS
ALLOWED IN SUBSECTION
(5.5)(c) OF THIS SECTION, THE AMOUNT OF THE
TUITION CHARGED MUST BE DETERMINED PURSUANT TO RULES ADOPTED BY
THE STATE BOARD PURSUANT TO SUBSECTION
(7) OF THIS SECTION. THE
TUITION RESPONSIBILITY MUST BE REFLECTED IN A CONTRACT BETWEEN THE
DISTRICT OR INSTITUTE CHARTER SCHOOL
, THE DISTRICT OF RESIDENCE, AND
THE ALTERNATIVE ADMINISTRATIVE UNIT IN WHICH THE DISTRICT OR
INSTITUTE CHARTER SCHOOL PARTICIPATES
. THE CONTRACT MUST BE IN A
PAGE 5-HOUSE BILL 22-1294 FORM APPROVED BY THE ALTERNATIVE ADMINISTRATIVE UNIT IN WHICH THE
DISTRICT OR INSTITUTE CHARTER SCHOOL PARTICIPATES
. UNDER THE
CIRCUMSTANCES DESCRIBED IN THIS SUBSECTION
(5.5), SECTION 22-20-108
(8)
DOES NOT APPLY.
(e) A
S USED IN THIS SUBSECTION (5.5), "ALTERNATIVE
ADMINISTRATIVE UNIT
" HAS THE SAME MEANING AS PROVIDED IN SECTION
22-30.5-103.
SECTION 6. In Colorado Revised Statutes, 22-30.5-103, amend
(1); and add (1.3) as follows:
22-30.5-103. Definitions. As used in this part 1, unless the context
otherwise requires:
(1) "At-risk pupil" means a pupil who, because of physical,
emotional, socioeconomic, or cultural factors, is less likely to succeed in a
conventional educational environment "ALTERNATIVE ADMINISTRATIVE
UNIT
" MEANS THE STATE CHARTER SCHOOL INSTITUTE ACTING IN
ACCORDANCE WITH SECTION
22-30.5-105.3 AS THE ADMINISTRATIVE UNIT,
PURSUANT TO SECTION 22-20-106 (1)(b), FOR A CHARTER SCHOOL
AUTHORIZED BY A SCHOOL DISTRICT
, A CHARTER SCHOOL NETWORK
AUTHORIZED AND ACTING AS AN ADMINISTRATIVE UNIT PURSUANT TO
SECTION
22-20-106 (1)(b), OR A CHARTER SCHOOL COLLABORATIVE
AUTHORIZED AND ACTING AS AN ADMINISTRATIVE UNIT PURSUANT TO
SECTION
22-20-106 (1)(b).
(1.3) "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
.
SECTION 7. In Colorado Revised Statutes, add 22-30.5-105.3 as
follows:
22-30.5-105.3. Charter schools - alternative administrative units
- process. (1) A
CHARTER SCHOOL THAT IS PART OF A CHARTER SCHOOL
NETWORK OR A MEMBER OF A CHARTER SCHOOL COLLABORATIVE
, WHICH
NETWORK OR COLLABORATIVE IS AUTHORIZED AS AN ADMINISTRATIVE UNIT
PURSUANT TO SECTION
22-20-106, SHALL NOTIFY ITS AUTHORIZING SCHOOL
DISTRICT OF ITS INTENT TO PARTICIPATE IN THE ADMINISTRATIVE UNIT OF
PAGE 6-HOUSE BILL 22-1294 THE NETWORK OR COLLABORATIVE WITH WHICH THE CHARTER SCHOOL IS
AFFILIATED
. AFTER THE DEPARTMENT APPROVES THE APPLICATION OF A
CHARTER SCHOOL NETWORK OR COLLABORATIVE TO FORM AN ALTERNATIVE
ADMINISTRATIVE UNIT PURSUANT TO SECTION
22-20-106, THE CHARTER
SCHOOL THAT IS PART OF THE CHARTER SCHOOL NETWORK OR
COLLABORATIVE AUTHORIZED AS AN ADMINISTRATIVE UNIT AND ITS
AUTHORIZING SCHOOL DISTRICT SHALL AMEND THE CHARTER CONTRACT
,
PURSUANT TO THIS SUBSECTION (1), AS NECESSARY TO ALLOW THE CHARTER
SCHOOL TO PARTICIPATE IN THE ALTERNATIVE ADMINISTRATIVE UNIT
.
(2) (a) A
CHARTER SCHOOL MAY ENTER INTO AN AGREEMENT TO
PARTICIPATE IN AN EXISTING ALTERNATIVE ADMINISTRATIVE UNIT IF THE
CHARTER SCHOOL
:
(I) D
EMONSTRATES THE CAPACITY AND COMMITMENT TO SERVE
CHILDREN WITH DISABILITIES
, AS DEFINED IN SECTION 22-20-103, THROUGH
AN ANALYSIS OF THE CHARTER SCHOOL
'S EXISTING RECORD OF SERVING
CHILDREN WITH DISABILITIES OR BY EXPRESSLY SUBMITTING A PLAN TO THE
ALTERNATIVE ADMINISTRATIVE UNIT ARTICULATING AN EXISTING OR
INTENDED COMMITMENT
;
(II) C
REATES A STRATEGIC PLAN FOR THE ENROLLMENT OF CHILDREN
WITH DISABILITIES IN THE CHARTER SCHOOL TO INCREASE EDUCATIONAL
OPTIONS FOR FAMILIES WITH CHILDREN WITH DISABILITIES
;
(III) H
AS OR DEVELOPS AND IMPLEMENTS SPECIAL EDUCATION
PROGRAMMING THAT RESULTS IN THE CONTINUED ENROLLMENT OF
CHILDREN WITH DISABILITIES
;
(IV) H
AS OR DEVELOPS AND IMPLEMENTS MULTI -TIERED SYSTEMS OF
SUPPORT TO IDENTIFY AND REFER CHILDREN WITH DISABILITIES TO SPECIAL
EDUCATION SERVICES
; AND
(V) DEMONSTRATES HOW THE AGREEMENT WITH THE ALTERNATIVE
ADMINISTRATIVE UNIT WILL ALLOW THE CHARTER SCHOOL TO BETTER AND
MORE EFFICIENTLY SERVE CHILDREN WITH DISABILITIES
.
(b) A
CHARTER SCHOOL MAY SUBMIT A REQUEST TO AN EXISTING
ALTERNATIVE ADMINISTRATIVE UNIT TO ENTER INTO AN AGREEMENT TO
PARTICIPATE IN THE EXISTING ALTERNATIVE ADMINISTRATIVE UNIT
. AN
PAGE 7-HOUSE BILL 22-1294 EXISTING ALTERNATIVE ADMINISTRATIVE UNIT MAY ENTER INTO AN
AGREEMENT ONLY IF THE EXISTING ALTERNATIVE ADMINISTRATIVE UNIT
DETERMINES THAT THE CHARTER SCHOOL MEETS THE CRITERIA SET FORTH
IN SUBSECTION
(2)(a) OF THIS SECTION.
(c) A
CHARTER SCHOOL THAT ENTERS INTO AN AGREEMENT TO
PARTICIPATE IN AN ALTERNATIVE ADMINISTRATIVE UNIT PURSUANT TO
SUBSECTION
(2)(b) OF THIS SECTION SHALL NOTIFY ITS AUTHORIZING SCHOOL
DISTRICT OF THE INTENT TO PARTICIPATE IN AN ALTERNATIVE
ADMINISTRATIVE UNIT
. AFTER THE DEPARTMENT APPROVES AN APPLICATION
FOR THE REORGANIZATION OF THE ALTERNATIVE ADMINISTRATIVE UNIT TO
INCLUDE THE CHARTER SCHOOL
, THE CHARTER SCHOOL AND ITS
AUTHORIZING SCHOOL DISTRICT SHALL AMEND THE CHARTER CONTRACT
,
PURSUANT TO THIS SECTION , AS NECESSARY TO ALLOW THE CHARTER
SCHOOL TO PARTICIPATE IN THE ALTERNATIVE ADMINISTRATIVE UNIT
.
(3) (a) I
F THE AUTHORIZING SCHOOL DISTRICT OBJECTS TO AMENDING
A CHARTER SCHOOL
'S CONTRACT TO ALLOW PARTICIPATION IN AN
ALTERNATIVE ADMINISTRATIVE UNIT PURSUANT TO SUBSECTION
(1) OR (2)
OF THIS SECTION, THE AUTHORIZING SCHOOL DISTRICT SHALL PROVIDE TO
THE CHARTER SCHOOL A WRITTEN EXPLANATION OF THE GROUNDS FOR ITS
OBJECTION
. IF THE DEPARTMENT HAS APPROVED AN ALTERNATIVE
ADMINISTRATIVE UNIT TO INCLUDE THE CHARTER SCHOOL BUT THE CHARTER
SCHOOL AND ITS AUTHORIZING SCHOOL DISTRICT CANNOT AGREE ON AN
AMENDMENT TO THE CHARTER CONTRACT FOR THE CHARTER SCHOOL TO
PARTICIPATE IN THE ALTERNATIVE ADMINISTRATIVE UNIT
, THE CHARTER
SCHOOL MAY FILE A NOTICE WITH THE STATE BOARD AS PROVIDED IN
SECTION
22-30.5-108 TO APPEAL THE DECISION OF ITS AUTHORIZING SCHOOL
DISTRICT AS A UNILATERAL IMPOSITION OF CONDITIONS ON THE CHARTER
SCHOOL
. THE STATE BOARD SHALL DECIDE THE APPEAL PURSUANT TO
SECTION
22-30.5-108.
(b) N
EGOTIATIONS TO AMEND THE CHARTER CONTRACT TO ALLOW
THE CHARTER SCHOOL TO PARTICIPATE IN THE ALTERNATIVE
ADMINISTRATIVE UNIT MUST NOT INCLUDE NEGOTIATIONS REGARDING
TERMS OF THE CHARTER CONTRACT THAT ARE NOT DIRECTLY IMPACTED BY
THE CHARTER SCHOOL
'S PARTICIPATION IN THE ALTERNATIVE
ADMINISTRATIVE UNIT AND MUST NOT UNILATERALLY REOPEN THE CHARTER
SCHOOL
'S AUTHORIZATION. THE AMENDED CONTRACT MAY INCLUDE
PROVISIONS PERMITTING CONSIDERATION OF THE CHARTER SCHOOL
'S
PAGE 8-HOUSE BILL 22-1294 SPECIAL EDUCATION PERFORMANCE AS PART OF THE OVERALL CHARTER
SCHOOL PERFORMANCE
.
(4) (a) A
CHARTER SCHOOL THAT PARTICIPATES IN AN ALTERNATIVE
ADMINISTRATIVE UNIT IS NOT RESPONSIBLE FOR PAYING ANY PORTION OF THE
SPECIAL EDUCATION COSTS OF ITS AUTHORIZING SCHOOL DISTRICT
.
(b) F
OR A CHILD WITH DISABILITIES WHO IS ENROLLED IN A CHARTER
SCHOOL THAT PARTICIPATES IN AN ALTERNATIVE ADMINISTRATIVE UNIT
, THE
ALTERNATIVE ADMINISTRATIVE UNIT
, FOR THE DURATION OF THE CHILD'S
ENROLLMENT IN THE CHARTER SCHOOL
, IS SOLELY LEGALLY AND FISCALLY
RESPONSIBLE FOR SPECIALIZED INSTRUCTION AND RELATED SERVICES TO
PROVIDE A FREE APPROPRIATE PUBLIC EDUCATION FOR THE CHILD AND FOR
DISPUTE RESOLUTION PURSUANT TO THE
"EXCEPTIONAL CHILDREN'S
EDUCATIONAL ACT", ARTICLE 20 OF THIS TITLE 22, AND THE FEDERAL
"INDIVIDUALS WITH DISABILITIES EDUCATION ACT", 20 U.S.C. SEC. 1400 ET
SEQ
., AS AMENDED. DISPUTE RESOLUTION INCLUDES, BUT IS NOT LIMITED TO,
RESOLUTION OF STATE COMPLAINTS , DUE PROCESS HEARINGS , AND
INVESTIGATIONS BY THE FEDERAL DEPARTMENT OF EDUCATION
.
(5) A
SCHOOL DISTRICT SHALL NOT REQUIRE A CHARTER SCHOOL TO
PARTICIPATE IN AN ALTERNATIVE ADMINISTRATIVE UNIT AS A CONDITION OF
APPROVAL OF ITS APPLICATION OR APPROVAL OR RENEWAL OF ITS CONTRACT
WITH THE SCHOOL DISTRICT
.
SECTION 8. In Colorado Revised Statutes, 22-30.5-502, amend
(1); and add (1.3) as follows:
22-30.5-502. Definitions. As used in this part 5, unless the context
otherwise requires:
(1) "At-risk student" means a student:
(a) Who is eligible to receive free or reduced-cost lunch pursuant to
the provisions of the federal "Richard B. Russell National School Lunch
Act", 42 U.S.C. sec. 1751 et seq.; or
(b) Who has performed below the level of meeting expectations, as
identified by rule of the state board, on a statewide English language arts or
mathematics assessment "ALTERNATIVE ADMINISTRATIVE UNIT " HAS THE
PAGE 9-HOUSE BILL 22-1294 SAME MEANING AS SET FORTH IN SECTION 22-30.5-103 (1).
(1.3) "A
T-RISK STUDENT" MEANS A STUDENT:
(a) W
HO IS ELIGIBLE TO RECEIVE FREE OR REDUCED -PRICE LUNCH
PURSUANT TO THE PROVISIONS OF THE FEDERAL
"RICHARD B. RUSSELL
NATIONAL SCHOOL LUNCH ACT", 42 U.S.C. SEC. 1751 ET SEQ.; OR
(b) WHO HAS PERFORMED BELOW THE LEVEL OF MEETING
EXPECTATIONS
, AS IDENTIFIED BY RULE OF THE STATE BOARD , ON A
STATEWIDE
ENGLISH LANGUAGE ARTS OR MATHEMATICS ASSESSMENT .
SECTION 9. In Colorado Revised Statutes, 22-30.5-505, amend
(4) introductory portion, (4)(k), and (4)(l); and add (4)(m) and (21) as
follows:
22-30.5-505. State charter school institute - institute board -
appointment - powers and duties - rules. (4) In addition to any other
powers granted by law to the institute board, the institute board shall have
HAS the following powers:
(k) To promulgate rules in accordance with article 4 of title 24
C.R.S., for the administration of this part 5; and
(l) To award grants from the institute charter school assistance fund
as provided in section 22-30.5-515.5;
AND
(m) TO ENTER INTO AN AGREEMENT WITH A DISTRICT CHARTER
SCHOOL AS PROVIDED IN SECTION
22-30.5-105.3 TO ALLOW THE DISTRICT
CHARTER SCHOOL TO PARTICIPATE IN THE ADMINISTRATIVE UNIT OF THE
STATE CHARTER SCHOOL INSTITUTE TO PROVIDE SERVICES PURSUANT TO
ARTICLE
20 OF THIS TITLE 22.
(21) (a) A
N INSTITUTE CHARTER SCHOOL THAT IS PART OF A CHARTER
SCHOOL NETWORK OR A MEMBER OF A CHARTER SCHOOL COLLABORATIVE
,
WHICH NETWORK OR COLLABORATIVE IS AUTHORIZED AS AN
ADMINISTRATIVE UNIT PURSUANT TO SECTION
22-20-106, SHALL NOTIFY THE
INSTITUTE OF ITS INTENT TO PARTICIPATE IN THE ADMINISTRATIVE UNIT OF
THE NETWORK OR COLLABORATIVE WITH WHICH THE INSTITUTE CHARTER
SCHOOL IS AFFILIATED
. THE INSTITUTE CHARTER SCHOOL AND THE INSTITUTE
PAGE 10-HOUSE BILL 22-1294 SHALL AMEND THE INSTITUTE CHARTER CONTRACT , PURSUANT TO THIS
SECTION
, AS NECESSARY TO ALLOW THE INSTITUTE CHARTER SCHOOL TO
PARTICIPATE IN THE ALTERNATIVE ADMINISTRATIVE UNIT
.
(b) A
N INSTITUTE CHARTER SCHOOL MAY SUBMIT A REQUEST TO AN
EXISTING ALTERNATIVE ADMINISTRATIVE UNIT THAT IS NOT THE INSTITUTE
TO ENTER INTO AN AGREEMENT TO PARTICIPATE IN THE EXISTING
ALTERNATIVE ADMINISTRATIVE UNIT
. AN EXISTING ALTERNATIVE
ADMINISTRATIVE UNIT THAT IS NOT THE INSTITUTE MAY ENTER INTO AN
AGREEMENT ONLY IF THE EXISTING ALTERNATIVE ADMINISTRATIVE UNIT
DETERMINES THAT THE INSTITUTE CHARTER SCHOOL MEETS THE CRITERIA
SET FORTH IN SECTION
22-30.5-105.3 (2)(a).
(c) A
N INSTITUTE CHARTER SCHOOL THAT ENTERS INTO AN
AGREEMENT WITH AN ALTERNATIVE ADMINISTRATIVE UNIT PURSUANT TO
SUBSECTION
(21)(b) OF THIS SECTION SHALL NOTIFY THE INSTITUTE OF ITS
INTENT TO PARTICIPATE IN THE ADMINISTRATIVE UNIT OF A CHARTER
SCHOOL NETWORK OR CHARTER SCHOOL COLLABORATIVE THAT IS
AUTHORIZED AS AN ADMINISTRATIVE UNIT PURSUANT TO SECTION
22-20-106. THE INSTITUTE CHARTER SCHOOL AND THE INSTITUTE SHALL
AMEND THE INSTITUTE CHARTER SCHOOL CONTRACT AS NECESSARY TO
ALLOW THE INSTITUTE CHARTER SCHOOL TO PARTICIPATE IN THE
ALTERNATIVE ADMINISTRATIVE UNIT
.
(d) I
F THE INSTITUTE OBJECTS TO AMENDING AN INSTITUTE CHARTER
SCHOOL
'S CONTRACT TO ALLOW PARTICIPATION IN AN ALTERNATIVE
ADMINISTRATIVE UNIT PURSUANT TO SUBSECTION
(21)(a) OR (21)(b) OF THIS
SECTION
, THE INSTITUTE SHALL PROVIDE TO THE INSTITUTE CHARTER
SCHOOL A WRITTEN EXPLANATION OF THE GROUNDS FOR ITS OBJECTION
.
(e) N
EGOTIATIONS TO AMEND THE INSTITUTE CHARTER CONTRACT
TO ALLOW THE INSTITUTE CHARTER SCHOOL TO PARTICIPATE IN THE
ALTERNATIVE ADMINISTRATIVE UNIT PURSUANT TO THIS SUBSECTION
(21)
MUST NOT INCLUDE NEGOTIATIONS REGARDING TERMS OF THE INSTITUTE
CHARTER CONTRACT THAT ARE NOT DIRECTLY IMPACTED BY THE INSTITUTE
CHARTER SCHOOL
'S PARTICIPATION IN THE ALTERNATIVE ADMINISTRATIVE
UNIT AND MUST NOT UNILATERALLY REOPEN THE INSTITUTE CHARTER
SCHOOL
'S AUTHORIZATION. THE AMENDED CONTRACT MAY INCLUDE
PROVISIONS PERMITTING CONSIDERATION OF THE INSTITUTE CHARTER
SCHOOL
'S SPECIAL EDUCATION PERFORMANCE AS PART OF THE OVERALL
PAGE 11-HOUSE BILL 22-1294 INSTITUTE CHARTER SCHOOL PERFORMANCE .
(f) T
HE STATE CHARTER SCHOOL INSTITUTE SHALL NOT REQUIRE AN
INSTITUTE CHARTER SCHOOL TO PARTICIPATE IN AN ALTERNATIVE
ADMINISTRATIVE UNIT AS A CONDITION OF APPROVAL OF ITS APPLICATION OR
APPROVAL OR RENEWAL OF ITS CONTRACT WITH THE STATE CHARTER
SCHOOL INSTITUTE
.
SECTION 10. In Colorado Revised Statutes, 22-30.5-513, add (11)
as follows:
22-30.5-513. Institute charter schools - funding - at-risk
supplemental aid - legislative declaration - definitions. (11) (a) F
OR THE
2022-23 BUDGET YEAR, THE GENERAL ASSEMBLY SHALL APPROPRIATE THREE
HUNDRED SEVENTY FIVE THOUSAND DOLLARS FROM THE GENERAL FUND TO
THE INSTITUTE TO DISTRIBUTE TO ELIGIBLE INSTITUTE CHARTER SCHOOLS
.
(b) A
S USED IN THIS SUBSECTION (11), "ELIGIBLE INSTITUTE CHARTER
SCHOOL
" MEANS AN INSTITUTE CHARTER SCHOOL , AT LEAST FIFTY PERCENT
OF THE STUDENT POPULATION OF WHICH RECEIVES SPECIAL EDUCATION
SERVICES THROUGH THE ADMINISTRATIVE UNIT OF THE INSTITUTE
.
SECTION 11. In Colorado Revised Statutes, 22-30.5-603, add
(3.7) as follows:
22-30.5-603. Charter school collaborative - creation - public
status - structure. (3.7) (a) A
CHARTER SCHOOL COLLABORATIVE MAY
PROVIDE SPECIAL EDUCATION AND RELATED SERVICES TO PARTICIPATING
CHARTER SCHOOLS AS AUTHORIZED BY THE CONTRACT CREATING THE
CHARTER SCHOOL COLLABORATIVE PURSUANT TO SUBSECTION
(4) OF THIS
SECTION
. PARTICIPATING CHARTER SCHOOLS OF THE CHARTER SCHOOL
COLLABORATIVE SHALL SHARE COSTS AND FINANCIAL SUPPORT FOR SPECIAL
EDUCATION AND RELATED SERVICES PURSUANT TO THE CHARTER SCHOOL
COLLABORATIVE CONTRACT
.
(b) A
CHARTER SCHOOL COLLABORATIVE MAY BE AUTHORIZED AS AN
ADMINISTRATIVE UNIT PURSUANT TO SECTION
22-20-106, AND CHARTER
SCHOOLS PARTICIPATING IN THE ADMINISTRATIVE UNIT OF THE CHARTER
SCHOOL COLLABORATIVE SHALL SHARE COSTS AND FINANCIAL SUPPORT FOR
SPECIAL EDUCATION AND RELATED SERVICES
.
PAGE 12-HOUSE BILL 22-1294 SECTION 12. In Colorado Revised Statutes, 22-30.5-112, add
(2)(a.8)(III) as follows:
22-30.5-112. Charter schools - financing - guidelines -
definitions. (2) (a.8) (III) A
S USED IN THIS SUBSECTION (2)(a.8),
"
FEDERALLY REQUIRED EDUCATIONAL SERVICES " MEANS SERVICES THAT A
LOCAL EDUCATIONAL AGENCY IS REQUIRED TO PROVIDE TO CERTAIN
STUDENTS BY FEDERAL LAW AND THAT THE SCHOOL DISTRICT MAKES
AVAILABLE TO STUDENTS IN THE CHARTER SCHOOL IF AND WHEN NEEDED
.
"F
EDERALLY REQUIRED EDUCATIONAL SERVICES " DOES NOT INCLUDE
SERVICES NOT MADE AVAILABLE TO THE CHARTER SCHOOL
.
SECTION 13. In Colorado Revised Statutes, 22-5.5-103, amend
the introductory portion and (1) as follows:
22-5.5-103. Definitions. As used in this article
ARTICLE 5.5, unless
the context otherwise requires:
(1) "Administrative unit" means a school district, a board of
cooperative services,
A CHARTER SCHOOL NETWORK , A CHARTER SCHOOL
COLLABORATIVE
, or the state charter school institute, that is providing
educational services to exceptional children.
SECTION 14. In Colorado Revised Statutes, 22-20-202, amend (1)
as follows:
22-20-202. Definitions. As used in this part 2, unless the context
otherwise requires:
(1) "Administrative unit" means a school district, a board of
cooperative services,
A CHARTER SCHOOL NETWORK , A CHARTER SCHOOL
COLLABORATIVE
, or the state charter school institute that is providing
educational services to exceptional children and that is responsible for the
local administration of this article
ARTICLE 20.
SECTION 15. In Colorado Revised Statutes, 27-10.5-702, amend
(1) as follows:
27-10.5-702. Definitions. As used in this part 7, unless the context
otherwise requires:
PAGE 13-HOUSE BILL 22-1294 (1) "Administrative unit" means a school district, a board of
cooperative services,
A CHARTER SCHOOL NETWORK , A CHARTER SCHOOL
COLLABORATIVE
, or the state charter school institute that is providing
educational services to exceptional children and that is responsible for the
local administration of the education of exceptional children pursuant to
article 20 of title 22. C.R.S.
SECTION 16. Appropriation. For the 2022-23 state fiscal year,
$375,000 is appropriated to the department of education for use by the state
charter school institute. This appropriation is from the general fund. To
implement this act, the institute may use this appropriation for distributions
to eligible institute charter schools pursuant to section 22-30.5-513 (11),
C.R.S.
SECTION 17. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 14-HOUSE BILL 22-1294 November 2022 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 15-HOUSE BILL 22-1294