Colorado 2023 2023 Regular Session

Colorado House Bill HB1025 Amended / Bill

Filed 04/06/2023

                    First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 23-0624.01 Amber Paoloemilio x5497
HOUSE BILL 23-1025
House Committees Senate Committees
Education 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.
SENATE
3rd Reading Unamended
April 5, 2023
SENATE
Amended 2nd Reading
April 4, 2023
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, Baisley, Gardner, Ginal, Kirkmeyer, Liston, Lundeen, Pelton B., Pelton R., Priola,
Smallwood, Van Winkle, Will, Zenzinger
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 2025,
 a charter8
applicant must file its application with the local board of education by a9
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
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-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
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-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
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-5-