First Regular Session Seventy-fourth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 23-0624.01 Amber Paoloemilio x5497 HOUSE BILL 23-1025 House Committees Senate Committees Education A BILL FOR AN ACT C ONCERNING EXTENSION OF CHARTER SCHOOL APPLICATIONS .101 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 extends the timeline from 12 months to 18 months for prospective charter schools to submit applications to become charter schools to the local board of education. It also permits local school boards to issue requests for proposals for prospective charter schools. The bill allows local boards of education to apply to the state board of education for modifications to the timelines set forth in the bill. HOUSE 3rd Reading Unamended February 28, 2023 HOUSE Amended 2nd Reading February 27, 2023 HOUSE SPONSORSHIP Taggart and Michaelson Jenet, Armagost, Bottoms, Bradley, Catlin, Evans, Frizell, Hartsook, Lynch, McCluskie, Pugliese, Ricks, Weinberg, Wilson, Winter T. SENATE SPONSORSHIP Rich, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 22-30.5-107, amend2 (1)(b), (2), and (2.5); and add (1)(d) as follows:3 22-30.5-107. Charter application - process. (1) (b) The local4 board of education shall receive and review all applications for charter5 schools. If the local board of education does not review a charter6 application, it shall be deemed to have denied the THAT charter7 application IS DENIED. FOR APPLICATIONS BEGINNING IN 2024, a charter8 applicant must file its application with the local board of education by a 9 date determined by the local board of education to be eligible for10 consideration for the following school year DURING THE PERIOD11 BEGINNING FEBRUARY 1 AND ENDING APRIL 1, EIGHTEEN MONTHS BEFORE12 THE CHARTER SCHOOL IS SET TO OPEN. An application is considered filed13 when the school district administration receives the charter application14 from the charter applicant either in hard copy or electronically. The date15 determined by the local board of education for filing of applications shall16 not be any earlier than August 1 or any later than October 1. Prior to any17 change in the application deadline, the local board of education shall18 notify the department and each charter school applicant in the district of19 the proposed change by certified letter. The local board of education shall20 not charge any application fees.21 (d) A NY DATE IN THIS SUBSECTION (1) THAT FALLS ON A WEEKEND,22 A LEGAL HOLIDAY, OR A DAY SCHOOL IS NOT IN SESSION IS EXTENDED TO23 THE NEXT SCHOOL DAY.24 25 (2) After giving reasonable public notice, the local board of26 education shall hold community meetings in the affected areas or the27 1025 -2- entire school district to obtain information to assist the local board of1 education in its decision to approve a charter school application. The local2 board of education shall rule by resolution on the application for a charter3 school in a public hearing, upon reasonable public notice, within ninety4 days after receiving the application filed pursuant to subsection (1) of this5 section NO LATER THAN JUNE 30. A CHARTER SCHOOL SHALL USE THE6 SCHOOL AND FISCAL YEAR , JULY 1 TO JUNE 30, FOLLOWING THE7 SUBMISSION OF ITS CHARTER APPLICATION AS A PLANNING YEAR , DURING8 WHICH THE CHARTER SCHOOL SHALL PREPARE FOR SERVING STUDENTS THE9 NEXT SCHOOL YEAR. All negotiations between the charter school and the10 local board of education on the contract shall be concluded by, and all11 terms of the contract agreed upon, no later than ninety days after the local12 board of education rules by resolution on the application for a charter13 school OR SEPTEMBER 30, WHICHEVER DATE IS LATER.14 (2.5) The charter applicant and the local board of education may15 jointly waive OR EXTEND the deadlines TIMELINES set forth in this section.16 AS SPECIFIED IN SECTION 22-2-117, THE LOCAL BOARD OF EDUCATION17 MAY APPLY TO THE STATE BOARD OF EDUCATION FOR A MODIFICATION OR18 WAIVER OF THE TIMELINES SET FORTH IN THIS SECTION . IF THE STATE19 BOARD OF EDUCATION APPROVES THE WAIVER , THE LOCAL BOARD OF20 EDUCATION MUST PUBLISH NOTICE OF THE WAIVER ON THE LOCAL BOARD21 OF EDUCATION WEBSITE WITHIN THIRTY DAYS AFTER THE APPROVAL . THE22 NEW TIMELINE ONLY APPLIES TO THE APPLICATIONS SUBMITTED23 FOLLOWING THE DATE OF THE PUBLIC POSTING OF THE WAIVER .24 SECTION 2. In Colorado Revised Statutes, add 22-30.5-107.325 as follows:26 22-30.5-107.3. Optional charter school application timeline for27 1025 -3- rural school districts. (1) A SCHOOL DISTRICT DESIGNATED AS RURAL OR1 SMALL RURAL BY THE DEPARTMENT MAY EITHER ACCEPT CHARTER2 APPLICATIONS PURSUANT TO SECTION 22-30.5-107 OR, UPON NOTICE TO3 THE DEPARTMENT AND THE PUBLIC THROUGH POSTING ON THE SCHOOL4 DISTRICT'S WEBSITE, THE SCHOOL DISTRICT MAY ACCEPT CHARTER5 APPLICATIONS PURSUANT TO SECTION 22-30.5-107 WITH THE FOLLOWING6 MODIFICATIONS:7 (a) THE TIME FOR SUBMISSION OF A CHARTER APPLICATION IS FROM8 JUNE 1 THROUGH AUGUST 1, OR THE FIRST WEEKDAY AFTER AUGUST 1, AS9 LONG AS THE SCHOOL DISTRICT HAS A METHOD TO RECEIVE PHYSICAL OR10 ELECTRONIC APPLICATIONS DURING THAT TIME ;11 (b) IF APPLICABLE, THE SCHOOL DISTRICT SHALL NOTIFY12 APPLICANTS THAT AN APPLICATION IS INCOMPLETE NO LATER THAN13 AUGUST 15 OR THE FIRST WEEKDAY AFTER AUGUST 15;14 (c) REVIEW BY THE SCHOOL DISTRICT ACCOUNTABILITY15 COMMITTEE, AS DESCRIBED IN SECTION 22-30.5-107 (1.5), IS PERMITTED16 BUT NOT REQUIRED;17 (d) THE LOCAL SCHOOL BOARD SHALL RULE BY RESOLUTION ON18 THE APPLICATION NO LATER THAN OCTOBER 15 OR THE FIRST WEEKDAY19 AFTER OCTOBER 15; AND20 (e) THE STATE BOARD SHALL HEAR APPEALS PURSUANT TO21 SECTION 22-30.5-108 (3)(a) WITHIN THIRTY DAYS AFTER THE DATE A22 NOTICE OF APPEAL IS FILED.23 SECTION 3. Act subject to petition - effective date -24 applicability. (1) This act takes effect at 12:01 a.m. on the day following25 the expiration of the ninety-day period after final adjournment of the26 general assembly; except that, if a referendum petition is filed pursuant27 1025 -4- to section 1 (3) of article V of the state constitution against this act or an1 item, section, or part of this act within such period, then the act, item,2 section, or part will not take effect unless approved by the people at the3 general election to be held in November 2024 and, in such case, will take4 effect on the date of the official declaration of the vote thereon by the5 governor.6 (2) This act applies to charter applications that are submitted after7 December 31, 2023.8 1025 -5-