HOUSE BILL 23-1025
BY REPRESENTATIVE(S) Taggart and Michaelson Jenet, Armagost,
Bottoms, Bradley, Catlin, Evans, Frizell, Hartsook, Lynch, Pugliese, Ricks,
Weinberg, Wilson, Winter T., McCluskie, Bird, Soper;
also SENATOR(S) Rich, Baisley, Gardner, Ginal, Kirkmeyer, Liston,
Lundeen, Pelton B., Pelton R., Priola, Smallwood, Van Winkle, Will,
Zenzinger.
C
ONCERNING EXTENSION OF CHARTER SCHOOL APPLICATIONS .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 22-30.5-107, amend
(1)(b), (2), and (2.5); and add (1)(d) as follows:
22-30.5-107. Charter application - process. (1) (b) The local
board of education shall receive and review all applications for charter
schools. If the local board of education does not review a charter
application, it shall be deemed to have denied the
THAT charter application
IS DENIED. FOR APPLICATIONS BEGINNING IN 2025, a charter applicant must
file its application with the local board of education by a date determined
by the local board of education to be eligible for consideration for the
following school year DURING THE PERIOD BEGINNING FEBRUARY 1 AND
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. ENDING APRIL 1, EIGHTEEN MONTHS BEFORE THE CHARTER SCHOOL IS SET TO
OPEN
. An application is considered filed when the school district
administration receives the charter application from the charter applicant
either in hard copy or electronically. The date determined by the local board
of education for filing of applications shall not be any earlier than August
1 or any later than October 1. Prior to any change in the application
deadline, the local board of education shall notify the department and each
charter school applicant in the district of the proposed change by certified
letter. The local board of education shall not charge any application fees.
(d) A
NY DATE IN THIS SUBSECTION (1) THAT FALLS ON A WEEKEND,
A LEGAL HOLIDAY, OR A DAY SCHOOL IS NOT IN SESSION IS EXTENDED TO THE
NEXT SCHOOL DAY
.
(2) After giving reasonable public notice, the local board of
education shall hold community meetings in the affected areas or the entire
school district to obtain information to assist the local board of education
in its decision to approve a charter school application. The local board of
education shall rule by resolution on the application for a charter school in
a public hearing, upon reasonable public notice, within ninety days after
receiving the application filed pursuant to subsection (1) of this section NO
LATER THAN
JUNE 30. A CHARTER SCHOOL SHALL USE THE SCHOOL AND
FISCAL YEAR
, JULY 1 TO JUNE 30, FOLLOWING THE SUBMISSION OF ITS
CHARTER APPLICATION AS A PLANNING YEAR
, DURING WHICH THE CHARTER
SCHOOL SHALL PREPARE FOR SERVING STUDENTS THE NEXT SCHOOL YEAR
.
All negotiations between the charter school and the local board of education
on the contract shall be concluded by, and all terms of the contract agreed
upon, no later than ninety days after the local board of education rules by
resolution on the application for a charter school
OR SEPTEMBER 30,
WHICHEVER DATE IS LATER.
(2.5) The charter applicant and the local board of education may
jointly waive
OR EXTEND the deadlines
TIMELINES set forth in this section.
A
S SPECIFIED IN SECTION 22-2-117, THE LOCAL BOARD OF EDUCATION MAY
APPLY TO THE STATE BOARD OF EDUCATION FOR A MODIFICATION OR WAIVER
OF THE TIMELINES SET FORTH IN THIS SECTION
. IF THE STATE BOARD OF
EDUCATION APPROVES THE WAIVER
, THE LOCAL BOARD OF EDUCATION MUST
PUBLISH NOTICE OF THE WAIVER ON THE LOCAL BOARD OF EDUCATION
WEBSITE WITHIN THIRTY DAYS AFTER THE APPROVAL
. THE NEW TIMELINE
ONLY APPLIES TO THE APPLICATIONS SUBMITTED FOLLOWING THE DATE OF
PAGE 2-HOUSE BILL 23-1025 THE PUBLIC POSTING OF THE WAIVER.
SECTION 2. In Colorado Revised Statutes, add 22-30.5-107.3 as
follows:
22-30.5-107.3. Optional charter school application timeline for
rural school districts. (1) A
SCHOOL DISTRICT DESIGNATED AS RURAL OR
SMALL RURAL BY THE DEPARTMENT MAY EITHER ACCEPT CHARTER
APPLICATIONS PURSUANT TO SECTION
22-30.5-107 OR, UPON NOTICE TO THE
DEPARTMENT AND THE PUBLIC THR OUGH POSTING ON THE SCHOOL DISTRICT
'S
WEBSITE
, THE SCHOOL DISTRICT MAY ACCEPT CHARTER APPLICATIONS
PURSUANT TO SECTION
22-30.5-107 WITH THE FOLLOWING MODIFICATIONS :
(a) T
HE TIME FOR SUBMISSION OF A CHARTER APPLICATION IS FROM
JUNE 1 THROUGH AUGUST 1, OR THE FIRST WEEKDAY AFTER AUGUST 1, AS
LONG AS THE SCHOOL DISTRICT HAS A METHOD TO RECEIVE PHYSICAL OR
ELECTRONIC APPLICATIONS DURING THAT TIME
;
(b) I
F APPLICABLE, THE SCHOOL DISTRICT SHALL NOTIFY APPLICANTS
THAT AN APPLICATION IS INCOMPLETE NO LATER THAN
AUGUST 15 OR THE
FIRST WEEKDAY AFTER
AUGUST 15;
(c) R
EVIEW BY THE SCHOOL DISTRICT ACCOUNTABILITY COMMITTEE ,
AS DESCRIBED IN SECTION 22-30.5-107 (1.5), IS PERMITTED BUT NOT
REQUIRED
;
(d) T
HE LOCAL SCHOOL BOARD SHALL RULE BY RESOLUTION ON THE
APPLICATION NO LATER THAN
OCTOBER 15 OR THE FIRST WEEKDAY AFTER
OCTOBER 15; AND
(e) THE STATE BOARD SHALL HEAR APPEALS PURSUANT TO SECTION
22-30.5-108 (3)(a) WITHIN THIRTY DAYS AFTER THE DATE A NOTICE OF
APPEAL IS FILED
.
SECTION 3. Act subject to petition - effective date -
applicability. (1) 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
PAGE 3-HOUSE BILL 23-1025 part will not take effect unless approved by the people at the general
election to be held in November 2024 and, in such case, will take effect on
the date of the official declaration of the vote thereon by the governor.
(2) This act applies to charter applications that are submitted after
December 31, 2023.
____________________________ ____________________________
Julie McCluskie 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 4-HOUSE BILL 23-1025