Colorado 2023 Regular Session

Colorado House Bill HB1025 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0624.01 Amber Paoloemilio x5497
1	8		HOUSE BILL 23-1025
2		-	BY REPRESENTATIVE(S) Taggart and Michaelson Jenet, Armagost,
3		-	Bottoms, Bradley, Catlin, Evans, Frizell, Hartsook, Lynch, Pugliese, Ricks,
4		-	Weinberg, Wilson, Winter T., McCluskie, Bird, Soper;
5		-	also SENATOR(S) Rich, Baisley, Gardner, Ginal, Kirkmeyer, Liston,
6		-	Lundeen, Pelton B., Pelton R., Priola, Smallwood, Van Winkle, Will,
7		-	Zenzinger.
	9	+	House Committees Senate Committees
	10	+	Education Education
	11	+	A BILL FOR AN ACT
8	12		C
9		-	ONCERNING EXTENSION OF CHARTER SCHOOL APPLICATIONS .
10		-
11		-	Be it enacted by the General Assembly of the State of Colorado:
12		-	SECTION 1. In Colorado Revised Statutes, 22-30.5-107, amend
13		-	(1)(b), (2), and (2.5); and add (1)(d) as follows:
14		-	22-30.5-107. Charter application - process. (1) (b) The local
15		-	board of education shall receive and review all applications for charter
16		-	schools. If the local board of education does not review a charter
17		-	application, it shall be deemed to have denied the
18		-	THAT charter application
19		-	IS DENIED. FOR APPLICATIONS BEGINNING IN 2025, a charter applicant must
20		-	file its application with the local board of education by a date determined
21		-	by the local board of education to be eligible for consideration for the
22		-	following school year DURING THE PERIOD BEGINNING FEBRUARY 1 AND
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. ENDING APRIL 1, EIGHTEEN MONTHS BEFORE THE CHARTER SCHOOL IS SET TO
31		-	OPEN
32		-	. An application is considered filed when the school district
33		-	administration receives the charter application from the charter applicant
34		-	either in hard copy or electronically. The date determined by the local board
35		-	of education for filing of applications shall not be any earlier than August
36		-	1 or any later than October 1. Prior to any change in the application
37		-	deadline, the local board of education shall notify the department and each
38		-	charter school applicant in the district of the proposed change by certified
39		-	letter. The local board of education shall not charge any application fees.
	13	+	ONCERNING EXTENSION OF CHARTER SCHOOL APPLICATIONS .101
	14	+	Bill Summary
	15	+	(Note: This summary applies to this bill as introduced and does
	16	+	not reflect any amendments that may be subsequently adopted. If this bill
	17	+	passes third reading in the house of introduction, a bill summary that
	18	+	applies to the reengrossed version of this bill will be available at
	19	+	http://leg.colorado.gov
	20	+	.)
	21	+	The bill extends the timeline from 12 months to 18 months for
	22	+	prospective charter schools to submit applications to become charter
	23	+	schools to the local board of education. It also permits local school boards
	24	+	to issue requests for proposals for prospective charter schools. The bill
	25	+	allows local boards of education to apply to the state board of education
	26	+	for modifications to the timelines set forth in the bill.
	27	+	SENATE
	28	+	3rd Reading Unamended
	29	+	April 5, 2023
	30	+	SENATE
	31	+	Amended 2nd Reading
	32	+	April 4, 2023
	33	+	HOUSE
	34	+	3rd Reading Unamended
	35	+	February 28, 2023
	36	+	HOUSE
	37	+	Amended 2nd Reading
	38	+	February 27, 2023
	39	+	HOUSE SPONSORSHIP
	40	+	Taggart and Michaelson Jenet, Armagost, Bottoms, Bradley, Catlin, Evans, Frizell,
	41	+	Hartsook, Lynch, McCluskie, Pugliese, Ricks, Weinberg, Wilson, Winter T.
	42	+	SENATE SPONSORSHIP
	43	+	Rich, Baisley, Gardner, Ginal, Kirkmeyer, Liston, Lundeen, Pelton B., Pelton R., Priola,
	44	+	Smallwood, Van Winkle, Will, Zenzinger
	45	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	46	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	47	+	Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado:1
	48	+	SECTION 1. In Colorado Revised Statutes, 22-30.5-107, amend2
	49	+	(1)(b), (2), and (2.5); and add (1)(d) as follows:3
	50	+	22-30.5-107. Charter application - process. (1) (b) The local4
	51	+	board of education shall receive and review all applications for charter5
	52	+	schools. If the local board of education does not review a charter6
	53	+	application, it shall be deemed to have denied the THAT charter7
	54	+	application
	55	+	IS DENIED. FOR APPLICATIONS BEGINNING IN 2025,
	56	+	a charter8
	57	+	applicant must file its application with the local board of education by a9
	58	+	date determined by the local board of education to be eligible for10
	59	+	consideration for the following school year DURING THE PERIOD11
	60	+	BEGINNING FEBRUARY 1 AND ENDING APRIL 1, EIGHTEEN MONTHS BEFORE12
	61	+	THE CHARTER SCHOOL IS SET TO OPEN. An application is considered filed13
	62	+	when the school district administration receives the charter application14
	63	+	from the charter applicant either in hard copy or electronically. The date15
	64	+	determined by the local board of education for filing of applications shall16
	65	+	not be any earlier than August 1 or any later than October 1. Prior to any17
	66	+	change in the application deadline, the local board of education shall18
	67	+	notify the department and each charter school applicant in the district of19
	68	+	the proposed change by certified letter. The local board of education shall20
	69	+	not charge any application fees.21
40	70		(d) A
41		-	NY DATE IN THIS SUBSECTION (1) THAT FALLS ON A WEEKEND,
42		-	A LEGAL HOLIDAY, OR A DAY SCHOOL IS NOT IN SESSION IS EXTENDED TO THE
43		-	NEXT SCHOOL DAY
44		-	.
45		-	(2) After giving reasonable public notice, the local board of
46		-	education shall hold community meetings in the affected areas or the entire
47		-	school district to obtain information to assist the local board of education
48		-	in its decision to approve a charter school application. The local board of
49		-	education shall rule by resolution on the application for a charter school in
50		-	a public hearing, upon reasonable public notice, within ninety days after
51		-	receiving the application filed pursuant to subsection (1) of this section NO
52		-	LATER THAN
53		-	JUNE 30. A CHARTER SCHOOL SHALL USE THE SCHOOL AND
54		-	FISCAL YEAR
55		-	, JULY 1 TO JUNE 30, FOLLOWING THE SUBMISSION OF ITS
56		-	CHARTER APPLICATION AS A PLANNING YEAR
57		-	, DURING WHICH THE CHARTER
58		-	SCHOOL SHALL PREPARE FOR SERVING STUDENTS THE NEXT SCHOOL YEAR
59		-	.
60		-	All negotiations between the charter school and the local board of education
61		-	on the contract shall be concluded by, and all terms of the contract agreed
62		-	upon, no later than ninety days after the local board of education rules by
63		-	resolution on the application for a charter school
64		-	OR SEPTEMBER 30,
65		-	WHICHEVER DATE IS LATER.
66		-	(2.5) The charter applicant and the local board of education may
	71	+	NY DATE IN THIS SUBSECTION (1) THAT FALLS ON A WEEKEND,22
	72	+	A LEGAL HOLIDAY, OR A DAY SCHOOL IS NOT IN SESSION IS EXTENDED TO23
	73	+	THE NEXT SCHOOL DAY.24
	74	+	25
	75	+	(2) After giving reasonable public notice, the local board of26
	76	+	education shall hold community meetings in the affected areas or the27
	77	+	1025
	78	+	-2- entire school district to obtain information to assist the local board of1
	79	+	education in its decision to approve a charter school application. The local2
	80	+	board of education shall rule by resolution on the application for a charter3
	81	+	school in a public hearing, upon reasonable public notice, within ninety4
	82	+	days after receiving the application filed pursuant to subsection (1) of this5
	83	+	section NO LATER THAN JUNE 30. A CHARTER SCHOOL SHALL USE THE6
	84	+	SCHOOL AND FISCAL YEAR , JULY 1 TO JUNE 30, FOLLOWING THE7
	85	+	SUBMISSION OF ITS CHARTER APPLICATION AS A PLANNING YEAR , DURING8
	86	+	WHICH THE CHARTER SCHOOL SHALL PREPARE FOR SERVING STUDENTS THE9
	87	+	NEXT SCHOOL YEAR. All negotiations between the charter school and the10
	88	+	local board of education on the contract shall be concluded by, and all11
	89	+	terms of the contract agreed upon, no later than ninety days after the local12
	90	+	board of education rules by resolution on the application for a charter13
	91	+	school
	92	+	OR SEPTEMBER 30, WHICHEVER DATE IS LATER.14
	93	+	(2.5) The charter applicant and the local board of education may15
67	94		jointly waive
68	95		OR EXTEND the deadlines
69		-	TIMELINES set forth in this section.
70		-	A
71		-	S SPECIFIED IN SECTION 22-2-117, THE LOCAL BOARD OF EDUCATION MAY
72		-	APPLY TO THE STATE BOARD OF EDUCATION FOR A MODIFICATION OR WAIVER
73		-	OF THE TIMELINES SET FORTH IN THIS SECTION
74		-	. IF THE STATE BOARD OF
75		-	EDUCATION APPROVES THE WAIVER
76		-	, THE LOCAL BOARD OF EDUCATION MUST
77		-	PUBLISH NOTICE OF THE WAIVER ON THE LOCAL BOARD OF EDUCATION
78		-	WEBSITE WITHIN THIRTY DAYS AFTER THE APPROVAL
79		-	. THE NEW TIMELINE
80		-	ONLY APPLIES TO THE APPLICATIONS SUBMITTED FOLLOWING THE DATE OF
81		-	PAGE 2-HOUSE BILL 23-1025 THE PUBLIC POSTING OF THE WAIVER.
82		-	SECTION 2. In Colorado Revised Statutes, add 22-30.5-107.3 as
83		-	follows:
84		-	22-30.5-107.3. Optional charter school application timeline for
85		-	rural school districts. (1) A
86		-	SCHOOL DISTRICT DESIGNATED AS RURAL OR
87		-	SMALL RURAL BY THE DEPARTMENT MAY EITHER ACCEPT CHARTER
88		-	APPLICATIONS PURSUANT TO SECTION
89		-	22-30.5-107 OR, UPON NOTICE TO THE
90		-	DEPARTMENT AND THE PUBLIC THR OUGH POSTING ON THE SCHOOL DISTRICT
91		-	'S
92		-	WEBSITE
93		-	, THE SCHOOL DISTRICT MAY ACCEPT CHARTER APPLICATIONS
94		-	PURSUANT TO SECTION
95		-	22-30.5-107 WITH THE FOLLOWING MODIFICATIONS :
96		-	(a) T
97		-	HE TIME FOR SUBMISSION OF A CHARTER APPLICATION IS FROM
98		-	JUNE 1 THROUGH AUGUST 1, OR THE FIRST WEEKDAY AFTER AUGUST 1, AS
99		-	LONG AS THE SCHOOL DISTRICT HAS A METHOD TO RECEIVE PHYSICAL OR
100		-	ELECTRONIC APPLICATIONS DURING THAT TIME
101		-	;
102		-	(b) I
103		-	F APPLICABLE, THE SCHOOL DISTRICT SHALL NOTIFY APPLICANTS
104		-	THAT AN APPLICATION IS INCOMPLETE NO LATER THAN
105		-	AUGUST 15 OR THE
106		-	FIRST WEEKDAY AFTER
107		-	AUGUST 15;
108		-	(c) R
109		-	EVIEW BY THE SCHOOL DISTRICT ACCOUNTABILITY COMMITTEE ,
110		-	AS DESCRIBED IN SECTION 22-30.5-107 (1.5), IS PERMITTED BUT NOT
111		-	REQUIRED
112		-	;
113		-	(d) T
114		-	HE LOCAL SCHOOL BOARD SHALL RULE BY RESOLUTION ON THE
115		-	APPLICATION NO LATER THAN
116		-	OCTOBER 15 OR THE FIRST WEEKDAY AFTER
117		-	OCTOBER 15; AND
118		-	(e) THE STATE BOARD SHALL HEAR APPEALS PURSUANT TO SECTION
119		-	22-30.5-108 (3)(a) WITHIN THIRTY DAYS AFTER THE DATE A NOTICE OF
120		-	APPEAL IS FILED
121		-	.
122		-	SECTION 3. Act subject to petition - effective date -
123		-	applicability. (1) This act takes effect at 12:01 a.m. on the day following
124		-	the expiration of the ninety-day period after final adjournment of the
125		-	general assembly; except that, if a referendum petition is filed pursuant to
126		-	section 1 (3) of article V of the state constitution against this act or an item,
127		-	section, or part of this act within such period, then the act, item, section, or
128		-	PAGE 3-HOUSE BILL 23-1025 part will not take effect unless approved by the people at the general
129		-	election to be held in November 2024 and, in such case, will take effect on
130		-	the date of the official declaration of the vote thereon by the governor.
131		-	(2) This act applies to charter applications that are submitted after
132		-	December 31, 2023.
133		-	____________________________ ____________________________
134		-	Julie McCluskie Steve Fenberg
135		-	SPEAKER OF THE HOUSE PRESIDENT OF
136		-	OF REPRESENTATIVES THE SENATE
137		-	____________________________ ____________________________
138		-	Robin Jones Cindi L. Markwell
139		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
140		-	OF REPRESENTATIVES THE SENATE
141		-	APPROVED________________________________________
142		-	(Date and Time)
143		-	_________________________________________
144		-	Jared S. Polis
145		-	GOVERNOR OF THE STATE OF COLORADO
146		-	PAGE 4-HOUSE BILL 23-1025
	96	+	TIMELINES set forth in this section.16
	97	+	AS SPECIFIED IN SECTION 22-2-117, THE LOCAL BOARD OF EDUCATION17
	98	+	MAY APPLY TO THE STATE BOARD OF EDUCATION FOR A MODIFICATION OR18
	99	+	WAIVER OF THE TIMELINES SET FORTH IN THIS SECTION . IF THE STATE19
	100	+	BOARD OF EDUCATION APPROVES THE WAIVER , THE LOCAL BOARD OF20
	101	+	EDUCATION MUST PUBLISH NOTICE OF THE WAIVER ON THE LOCAL BOARD21
	102	+	OF EDUCATION WEBSITE WITHIN THIRTY DAYS AFTER THE APPROVAL . THE22
	103	+	NEW TIMELINE ONLY APPLIES TO THE APPLICATIONS SUBMITTED23
	104	+	FOLLOWING THE DATE OF THE PUBLIC POSTING OF THE WAIVER .24
	105	+	SECTION 2. In Colorado Revised Statutes, add 22-30.5-107.325
	106	+	as follows:26
	107	+	22-30.5-107.3. Optional charter school application timeline for27
	108	+	1025
	109	+	-3- rural school districts. (1) A SCHOOL DISTRICT DESIGNATED AS RURAL OR1
	110	+	SMALL RURAL BY THE DEPARTMENT MAY EITHER ACCEPT CHARTER2
	111	+	APPLICATIONS PURSUANT TO SECTION 22-30.5-107 OR, UPON NOTICE TO3
	112	+	THE DEPARTMENT AND THE PUBLIC THROUGH POSTING ON THE SCHOOL4
	113	+	DISTRICT'S WEBSITE, THE SCHOOL DISTRICT MAY ACCEPT CHARTER5
	114	+	APPLICATIONS PURSUANT TO SECTION 22-30.5-107 WITH THE FOLLOWING6
	115	+	MODIFICATIONS:7
	116	+	(a) THE TIME FOR SUBMISSION OF A CHARTER APPLICATION IS FROM8
	117	+	JUNE 1 THROUGH AUGUST 1, OR THE FIRST WEEKDAY AFTER AUGUST 1, AS9
	118	+	LONG AS THE SCHOOL DISTRICT HAS A METHOD TO RECEIVE PHYSICAL OR10
	119	+	ELECTRONIC APPLICATIONS DURING THAT TIME ;11
	120	+	(b) IF APPLICABLE, THE SCHOOL DISTRICT SHALL NOTIFY12
	121	+	APPLICANTS THAT AN APPLICATION IS INCOMPLETE NO LATER THAN13
	122	+	AUGUST 15 OR THE FIRST WEEKDAY AFTER AUGUST 15;14
	123	+	(c) REVIEW BY THE SCHOOL DISTRICT ACCOUNTABILITY15
	124	+	COMMITTEE, AS DESCRIBED IN SECTION 22-30.5-107 (1.5), IS PERMITTED16
	125	+	BUT NOT REQUIRED;17
	126	+	(d) THE LOCAL SCHOOL BOARD SHALL RULE BY RESOLUTION ON18
	127	+	THE APPLICATION NO LATER THAN OCTOBER 15 OR THE FIRST WEEKDAY19
	128	+	AFTER OCTOBER 15; AND20
	129	+	(e) THE STATE BOARD SHALL HEAR APPEALS PURSUANT TO21
	130	+	SECTION 22-30.5-108 (3)(a) WITHIN THIRTY DAYS AFTER THE DATE A22
	131	+	NOTICE OF APPEAL IS FILED.23
	132	+	SECTION 3. Act subject to petition - effective date -24
	133	+	applicability. (1) This act takes effect at 12:01 a.m. on the day following25
	134	+	the expiration of the ninety-day period after final adjournment of the26
	135	+	general assembly; except that, if a referendum petition is filed pursuant27
	136	+	1025
	137	+	-4- to section 1 (3) of article V of the state constitution against this act or an1
	138	+	item, section, or part of this act within such period, then the act, item,2
	139	+	section, or part will not take effect unless approved by the people at the3
	140	+	general election to be held in November 2024 and, in such case, will take4
	141	+	effect on the date of the official declaration of the vote thereon by the5
	142	+	governor.6
	143	+	(2) This act applies to charter applications that are submitted after7
	144	+	December 31, 2023.8
	145	+	1025
	146	+	-5-