First Regular Session Seventy-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 23-0399.01 Shelby Ross x4510 HOUSE BILL 23-1188 House Committees Senate Committees Education A BILL FOR AN ACT C ONCERNING AUTHORIZING A PUBLIC SCHOOL TO OFFER101 INDIVIDUALIZED LEARNING .102 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 authorizes a public school or a charter school that is permitted by its charter authorizer to offer an individualized learning program or become an individualized learning school. Individualized learning includes a course of instruction or grade-level course work that is: ! Provided, in whole or in part, independently from a regular HOUSE SPONSORSHIP Soper and Michaelson Jenet, 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. classroom setting or schedule; ! Supervised, monitored, assessed, evaluated, and documented by a teacher employed by an individualized learning school or a public school that offers an individualized learning program; and ! Documented in the student's written learning plan. The bill requires each charter school application to identify whether the proposed charter school will offer an individualized learning program or become an individualized learning school. The bill authorizes an existing charter school to request to amend the charter contract to allow the charter school to offer an individualized learning program or propose to become an individualized learning school either in connection with the charter-renewal process or pursuant to an agreement with the charter authorizer that the charter school will submit a written plan for becoming an individualized learning school. The bill requires an individualized learning school to operate as part of, or within reasonable proximity to, a public school that serves students enrolled in the individualized learning program. The bill requires an individualized learning school or an individualized learning program to be open for enrollment to any student whose residence is within reasonable distance of the school or program that will permit the student to attend the school in person on a daily basis, if needed. The bill requires each student enrolled in an individualized learning school or individualized learning program to have a written learning plan that is designed to meet the student's individual educational needs. The bill requires direct personal contact between a teacher and each student to take place at least once per school week. The bill requires a teacher to evaluate the educational progress of each student enrolled in an individualized learning school or individualized learning program at least once a month during the student's enrollment. If the teacher determines the student failed to make satisfactory progress or failed to follow the student's written learning plan, the bill requires the teacher to develop an intervention plan for the student. If the student continues to make less-than-satisfactory progress after 3 consecutive months despite an intervention plan, the bill requires the teacher to develop and implement an amended written learning plan that includes a course of study designed to meet the student's needs more appropriately. The bill requires individualized learning to be overseen by a chief academic officer who is appointed by the individualized learning school or public school that offers an individualized learning program. For the 2023-24 and 2024-25 state fiscal years, the bill requires an individualized learning entity to receive public school funding if a student HB23-1188 -2- is enrolled in an individualized learning entity that was operating on or before the effective date of this act; was enrolled in a public school the preceding academic school year; was not enrolled in a private school or participating in a nonpublic home-based education program the preceding school year; or is enrolling for the first time as a kindergarten or first-grade student or has recently moved to Colorado and is enrolling for the first time as a Colorado resident in any grade level. Beginning with the 2025-26 state fiscal year, the bill requires an individualized learning school to receive public school funding in the manner and to the degree that applies to any student enrolled in a public school. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, add article 27.7 to2 title 22 as follows:3 ARTICLE 27.74 Individualized Learning Schools Act5 22-27.7-101. Short title. T HE SHORT TITLE OF THIS ARTICLE 27.76 IS THE "INDIVIDUALIZED LEARNING SCHOOLS ACT".7 22-27.7-102. Legislative declaration. (1) T HE GENERAL8 ASSEMBLY FINDS AND DECLARES THAT :9 (a) C OLORADO SCHOOL DISTRICTS, CHARTER SCHOOLS, TEACHERS,10 PARENTS, AND STUDENTS HAVE DEVELOPED INNOVATIVE PROGRAMS IN11 WHICH STUDENTS ENGAGE IN EXTENSIVE INDIVIDUALIZED LEARNING12 COMBINED WITH OTHER TRADITIONAL AND NONTRADITI ONAL13 EDUCATIONAL EXPERIENCES ;14 (b) T HESE PROGRAMS EXHIBIT PUBLICLY DIRECTED INSTRUCTION15 ALIGNED WITH STATE STANDARDS ; FLEXIBILITY IN STUDENTS' SCHEDULES16 AND ASSIGNMENTS; HIGH LEVELS OF STUDENT INDEPENDENCE, ESPECIALLY17 IN HIGHER GRADE LEVELS, AND HIGH LEVELS OF FAMILY INVOLVEMENT ,18 ESPECIALLY IN LOWER GRADE LEVELS ; SUPPORTS AND INTERVENTIONS19 TAILORED TO INDIVIDUAL STUDENT NEEDS AND INTERESTS ; APPROPRIATE20 HB23-1188-3- TEACHER DIRECTION IN EACH CONTEXT ; SATISFACTORY STUDENT1 ACHIEVEMENT; AND SUPPORT FOR NONTRADITIONAL LEARNERS ;2 (c) T HESE PROGRAMS, INCLUDING THE WELL-ESTABLISHED VISION3 CHARTER ACADEMY IN THE DELTA COUNTY SCHOOL DISTRICT AND THE4 M ESA VALLEY COMMUNITY SCHOOL , HAVE DEMONSTRATED5 EDUCATIONAL VALUE AND HAVE SERVED MANY COLORADO FAMILIES FOR6 YEARS; HOWEVER, THE PROGRAMS DO NOT READILY FIT WITHIN THE7 "P UBLIC SCHOOL FINANCE ACT OF 1994";8 (d) D URING THE COVID-19 PANDEMIC, MANY STUDENTS ENGAGED9 IN PERIODS OF REMOTE LEARNING OR BLENDED REMOTE AND IN -PERSON10 LEARNING. CODIFYING HIGH-QUALITY EXPECTATIONS FOR SUCH FORMS OF11 LEARNING WILL IMPROVE STUDENT EXPERIENCES AND OUTCOMES DURING12 ANY FUTURE EMERGENCY .13 (e) A CHIEVING AND SUSTAINING EDUCATIONAL SUCCESS FOR14 STUDENTS IN THESE PROGRAMS REQUIRES A FRAMEWORK OF APPROPRIATE15 RULES.16 (2) T HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT IN17 ORDER TO RECOGNIZE THESE SCHOOLS ' EFFORTS AND THE POTENTIAL18 VALUE OF THIS MODEL TO OTHERS , THE "INDIVIDUALIZED LEARNING19 S CHOOLS ACT" INTENDS TO CODIFY THESE SCHOOLS ' SUCCESSFUL,20 FISCALLY SOUND, AND FULLY ACCOUNTABLE PROGRAMS .21 22-27.7-103. Definitions. A S USED IN THIS ARTICLE 27.7, UNLESS22 THE CONTEXT OTHERWISE REQUIRES :23 (1) "C HARTER AUTHORIZER" HAS THE SAME MEANING AS SET24 FORTH IN SECTION 22-28-103 (1.5).25 (2) "C HARTER SCHOOL" MEANS A CHARTER SCHOOL AUTHORIZED26 BY A SCHOOL DISTRICT PURSUANT TO PART 1 OF ARTICLE 30.5 OF THIS27 HB23-1188 -4- TITLE 22 OR A CHARTER SCHOOL AUTHORIZED BY THE STATE CHARTER1 SCHOOL INSTITUTE PURSUANT TO PART 5 OF ARTICLE 30.5 OF THIS TITLE2 22.3 (3) "D EPARTMENT" MEANS THE DEPARTMENT OF EDUCATION .4 (4) "D IRECT PERSONAL CONTACT " MEANS A ONE-ON-ONE OR5 GROUP MEETING BETWEEN A TEACHER AND A STUDENT , A TEACHER AND6 A MENTOR, OR A TEACHER, STUDENT, AND MENTOR, WITH THE PURPOSE OF7 PROVIDING EFFECTIVE INSTRUCTION TO THE STUDENT . DIRECT PERSONAL8 CONTACT MUST BE IN PERSON, BY TELEPHONE, OR BY INTERACTIVE VIDEO9 TECHNOLOGY.10 (5) "I NDIVIDUALIZED LEARNING " MEANS A COURSE OF11 INSTRUCTION OR GRADE-LEVEL COURSE WORK THAT IS:12 (a) P ROVIDED, IN WHOLE OR IN PART, INDEPENDENTLY FROM A13 REGULAR CLASSROOM SETTING OR SCHEDULE , BUT MAY INCLUDE14 COMPONENTS OF DIRECT INSTRUCTION ;15 (b) S UPERVISED, MONITORED, ASSESSED, EVALUATED, AND16 DOCUMENTED BY A TEACHER EMPLOYED BY AN INDIVIDUALIZED LEARNING17 ENTITY; AND18 (c) D OCUMENTED IN THE STUDENT 'S WRITTEN LEARNING PLAN19 CONSISTENT WITH THE INDIVIDUALIZED LEARNING ENTITY 'S POLICY AND20 THIS ARTICLE 27.7.21 (6) "I NDIVIDUALIZED LEARNING ENTITY " MEANS:22 (a) A N INDIVIDUALIZED LEARNING SCHOOL ; OR23 (b) A PUBLIC SCHOOL, OR CHARTER SCHOOL THAT IS PERMITTED BY24 ITS CHARTER AUTHORIZER, THAT OFFERS AN INDIVIDUALIZED LEARNING25 PROGRAM.26 (7) "I NDIVIDUALIZED LEARNING PROGRAM " MEANS27 HB23-1188 -5- INDIVIDUALIZED LEARNING PROVIDED AS ONE PROGRAM AMONG OTHERS1 AS PART OF A PUBLIC SCHOOL OR BY AGREEMENT BETWEEN AN2 INDIVIDUALIZED LEARNING SCHOOL AND A PUBLIC SCHOOL PROVIDING3 OTHER PROGRAMS, AND IN EACH CASE INCLUDING IN-PERSON INSTRUCTION4 SCHEDULES AVAILABLE TO STUDENTS PARTICIPATING IN INDIVIDUALIZED5 LEARNING.6 (8) "I NDIVIDUALIZED LEARNING SCHOOL " MEANS A SCHOOL7 DEDICATED TO PROVIDING INDIVIDUALIZED LEARNING TO ALL ENROLLED8 STUDENTS.9 (9) "I N-PERSON INSTRUCTION" MEANS FACE-TO-FACE DIRECT10 PERSONAL CONTACT IN A TRADITIONAL CLASSROOM OR TUTOR SETTING .11 (10) "I N-PERSON INSTRUCTION SCHEDULE " MEANS TRADITIONAL,12 FULL-TIME USE OF IN-PERSON INSTRUCTION.13 (11) "I NTERVENTION PLAN" MEANS A PLAN DESIGNED TO IMPROVE14 THE PROGRESS OF A STUDENT DETERMINED NOT TO BE MAKING15 SATISFACTORY PROGRESS.16 (12) "M ENTOR" MEANS AN ADULT, WHO MAY BE A STUDENT 'S17 PARENT OR LEGAL GUARDIAN , OR A PERSON AGREED UPON BETWEEN THE18 INDIVIDUALIZED LEARNING ENTITY AND THE STUDENT 'S PARENT OR LEGAL19 GUARDIAN, WHO SERVES AS THE POINT OF CONTACT BETWEEN THE20 STUDENT AND THE INDIVIDUALIZED LEARNING ENTITY .21 (13) "P UBLIC SCHOOL" MEANS A SCHOOL OF A SCHOOL DISTRICT;22 A CHARTER SCHOOL AUTHORIZED BY A SCHOOL DISTRICT PURSUANT TO23 PART 1 OF ARTICLE 30.5 OF THIS TITLE 22; AN INSTITUTE CHARTER SCHOOL24 AUTHORIZED BY THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO25 PART 5 OF ARTICLE 30.5 OF THIS TITLE 22; A BOARD OF COOPERATIVE26 SERVICES CREATED AND OPERATING PURSUANT TO ARTICLE 5 OF THIS27 HB23-1188 -6- TITLE 22; OR THE COLORADO SCHOOL FOR THE DEAF AND THE BLIND1 CREATED AND EXISTING PURSUANT TO SECTION 22-80-102 (1)(a).2 (14) "S ATISFACTORY PROGRESS" MEANS A DETERMINATION MADE3 BY THE STUDENT'S TEACHER THAT THE STUDENT 'S PROGRESS TOWARD4 ACHIEVING THE SPECIFIC LEARNING GOALS AND PERFORMANCE5 OBJECTIVES SPECIFIED IN THE STUDENT 'S WRITTEN LEARNING PLAN IS6 SATISFACTORY.7 (15) "S CHOOL WEEK" MEANS A SEVEN-DAY PERIOD THAT INCLUDES8 AT LEAST THREE DAYS WHEN SCHOOL IS IN SESSION .9 (16) "T EACHER" MEANS A PERSON WHO IS LICENSED PURSUANT TO10 ARTICLE 60.5 OF THIS TITLE 22 OR EMPLOYED BY A CHARTER SCHOOL AS11 A TEACHER PURSUANT TO A WAIVER AND REPLACEMENT PLAN APPROVED12 BY THE STATE BOARD OF EDUCATION .13 22-27.7-104. Individualized learning program - individualized14 learning school - authority. (1) A PUBLIC SCHOOL, OR A CHARTER15 SCHOOL THAT IS PERMITTED BY ITS CHARTER AUTHORIZER , MAY OFFER AN16 INDIVIDUALIZED LEARNING PROGRAM OR BECOME AN INDIVIDUALIZED17 LEARNING SCHOOL. EACH INDIVIDUALIZED LEARNING SCHOOL OR18 INDIVIDUALIZED LEARNING PROGRAM IS SUBJECT TO THE SAME19 ASSESSMENT AND ACCOUNTABILITY REQUIREMENTS THAT THE SCHOOL OR20 PROGRAM WOULD BE SUBJECT TO IF THE SCHOOL OR PROGRAM WERE A21 FULL-TIME IN-PERSON PUBLIC SCHOOL PROGRAM .22 (2) E ACH CHARTER SCHOOL APPLICATION MUST IDENTIFY23 WHETHER THE PROPOSED CHARTER SCHOOL WILL OFFER AN24 INDIVIDUALIZED LEARNING PROGRAM OR BECOME AN INDIVIDUALIZED25 LEARNING SCHOOL.26 (3) (a) A N EXISTING CHARTER SCHOOL MAY :27 HB23-1188 -7- (I) REQUEST TO AMEND THE CHARTER CONTRACT AS NECESSARY1 TO ALLOW THE CHARTER SCHOOL TO OFFER AN INDIVIDUALIZED LEARNING2 PROGRAM; OR3 (II) P ROPOSE TO BECOME AN INDIVIDUALIZED LEARNING SCHOOL4 EITHER IN CONNECTION WITH THE CHARTER -RENEWAL PROCESS OR5 PURSUANT TO AN AGREEMENT BETWEEN THE CHARTER SCHOOL AND THE6 CHARTER AUTHORIZER THAT THE CHARTER SCHOOL WILL SUBMIT A7 WRITTEN PLAN FOR BECOMING AN INDIVIDUALIZED LEARNING SCHOOL .8 (b) A CHARTER AUTHORIZER SHALL NOT UNREASONABLY DELAY ,9 CONDITION, OR DENY THE REQUEST TO OFFER AN INDIVIDUALIZED10 LEARNING PROGRAM PURSUANT TO SUBSECTION (3)(a)(I) OF THIS SECTION,11 OR THE PROPOSAL TO BECOME AN INDIVIDUALIZED LEARNING SC HOOL12 PURSUANT TO SUBSECTION (3)(a)(II) OF THIS SECTION. IF THE CHARTER13 AUTHORIZER DENIES THE CHARTER SCHOOL 'S REQUEST OR PROPOSAL, THE14 CHARTER SCHOOL MAY FILE A NOTICE WITH THE STATE BOARD OF15 EDUCATION AS PROVIDED IN SECTION 22-30.5-108 TO APPEAL THE16 DECISION OF THE CHARTER AUTHORIZER CONCERNING A UNILATERAL17 IMPOSITION OF CONDITIONS ON THE CHARTER SCHOOL .18 (4) A N INDIVIDUALIZED LEARNING SCHOOL SHALL :19 (a) O FFER AN IN-PERSON INSTRUCTION SCHEDULE . IN-PERSON20 INSTRUCTION MUST BE AVAILABLE TO ALL ENROLLED STUDENTS WHO21 ELECT TO PARTICIPATE AND MAY BE REQUIRED , TO AN APPROPRIATE22 DEGREE, FOR STUDENTS WHO DO NOT MAKE SATISFACTORY PROGRESS IN23 INDEPENDENT LEARNING ACTIVITIES .24 (b) O PERATE AS PART OF, OR WITHIN REASONABLE PROXIMITY TO,25 A PUBLIC SCHOOL THAT SERVES STUDENTS ENROLLED IN THE26 INDIVIDUALIZED LEARNING PROGRAM WHO ELECT TO HAVE OR NEED27 HB23-1188 -8- INCREASED IN-PERSON INSTRUCTION OR AN IN -PERSON INSTRUCTION1 SCHEDULE; AND2 (c) H AVE A PHYSICAL LOCATION CONSISTENT WITH THE3 REQUIREMENTS FOR THE LOCATION OF AN EDUCATIONAL PROGRAM AS4 PROVIDED IN SECTIONS 22-30.5-504, 22-32-109 (1)(v), AND 22-32-109 (2).5 (5) A N INDIVIDUALIZED LEARNING SCHOOL OR INDIVIDUALIZED6 LEARNING PROGRAM MUST HAVE THE CAPACITY TO OFFER AN IN -PERSON7 INSTRUCTION SCHEDULE. ASSIGNMENT TO AN IN-PERSON INSTRUCTION8 SCHEDULE IS NOT CONSIDERED A TRANSFER , REMOVAL, OR CHANGE OF9 LOCATION FROM, OR A LOSS OF ENROLLMENT IN , THE INDIVIDUALIZED10 LEARNING SCHOOL OR INDIVIDUALIZED LEARNING PROGRAM .11 (6) I F THE INDIVIDUALIZED LEARNING PROGRAM AND THE PUBLIC12 SCHOOL PROVIDING THE IN -PERSON INSTRUCTION SCHEDULE ARE13 OPERATED BY:14 (a) S EPARATE PUBLIC SCHOOLS , THE PUBLIC SCHOOLS SHALL15 AGREE IN WRITING ON THE TERMS FOR ASSIGNMENT OF STUDENTS ,16 FUNDING, AND ALL OTHER OPERATIONAL DETAILS OF THE SCHOOL 'S17 RELATIONSHIP; OR18 (b) T HE SAME PUBLIC SCHOOL, THE PUBLIC SCHOOL SHALL ADOPT19 POLICIES AND APPOINT LEADERSHIP POSITIONS TO PROVIDE FOR THE20 APPROPRIATE INTEGRATION AND OPERATION OF THE INDIVIDUALIZED21 LEARNING PROGRAM.22 (7) T HE PUBLIC SCHOOL ESTABLISHING, OR CHARTER AUTHORIZER23 APPROVING, AN INDIVIDUALIZED LEARNING PROGRAM OR INDIVIDUALIZED24 LEARNING SCHOOL SHALL PROVIDE THE DEPARTMENT WRITTEN NOTICE OF25 THE ESTABLISHMENT OR APPROVAL , THE EFFECTIVE DATE, AND THE26 INDIVIDUALIZED LEARNING SCHOOL 'S NAME OR THE NAME OF THE SCHOOL27 HB23-1188 -9- OPERATING, OR OPERATING IN CONJUNCTION WITH , AN INDIVIDUALIZED1 LEARNING PROGRAM.2 (8) A N INDIVIDUALIZED LEARNING SCHOOL OR THE PUBLIC SCHOOL3 OPERATING AN INDIVIDUALIZED LEARNING PROGRAM IS SUBJECT TO4 C OLORADO LAWS GOVERNING PUBLIC SCHOOLS , EXCEPT THOSE DIRECTLY5 CONTRARY TO THE PROVISIONS OF THIS ARTICLE 27.7 OR WAIVED.6 22-27.7-105. Individualized learning entity - enrollment.7 (1) A N INDIVIDUALIZED LEARNING ENTITY SHALL BE OPEN FOR8 ENROLLMENT TO ANY STUDENT WITHIN A REASONABLE DISTANCE TO THE9 STUDENT'S RESIDENCE THAT PERMITS A STUDENT TO ATTEND SCHOOL IN10 PERSON ON A DAILY BASIS , IF NEEDED, AS DETERMINED BY THE11 INDIVIDUALIZED LEARNING ENTITY. AN INDIVIDUALIZED LEARNING ENTITY12 MAY GIVE PRIORITY TO STUDENTS RESIDING WITHIN THE SCHOOL DISTRICT13 WHERE THE INDIVIDUALIZED LEARNING ENTITY IS LOCATED .14 (2) (a) P RIOR TO THE STUDENT 'S ENROLLMENT, THE15 INDIVIDUALIZED LEARNING ENTITY SHALL ADVISE THE STUDENT AND THE16 STUDENT'S PARENT OR LEGAL GUARDIAN THAT :17 (I) T HE MIX OF INDIVIDUALIZED LEARNING ACTIVITIES AND18 IN-PERSON INSTRUCTION IS FLEXIBLE AND IS DEPENDENT UPON STUDENT19 AND PARENT CHOICE AND UPON THE STUDENT MAKING SATISFACTORY20 ACADEMIC PROGRESS IN INDIVIDUALIZED LEARNING ACTIVITIES ; AND21 (II) F AILURE TO MAKE SATISFACTORY ACADEMIC PROGRESS IN22 INDIVIDUALIZED LEARNING ACTIVITIES MAY RESULT IN AN IN -PERSON23 INSTRUCTION SCHEDULE.24 (b) T HE ADVISEMENT REQUIRED PURSUANT TO SUBSECTION (2)(a)25 OF THIS SECTION MUST BE PROVIDED IN WRITING TO THE STUDENT 'S26 PARENT OR LEGAL GUARDIAN AND ACKNOWLEDGED IN WRITING BY THE27 HB23-1188 -10- PARENT OR LEGAL GUARDIAN AND STUDENT , IF APPROPRIATE. THE1 ADVISEMENT MUST BE INCLUDED IN THE INDIVIDUALIZED LEARNING2 ENTITY'S INFORMATIONAL MATERIALS, SUCH AS THE STUDENT AND PARENT3 HANDBOOK AND THE INDIVIDUALIZED LEARNING ENTITY 'S WEBSITE. THE4 INDIVIDUAL LEARNING ENTITY SHALL MAKE REASONABLE EFFORTS TO5 ENABLE THE STUDENT'S PARENT OR LEGAL GUARDIAN TO REQUEST AND6 RECEIVE THE ADVISEMENT IN A LANGUAGE THAT THE PARENT OR LEGAL7 GUARDIAN IS FLUENT IN.8 (3) (a) A N INDIVIDUALIZED LEARNING ENTITY MAY DENY9 ENROLLMENT TO A STUDENT IF THE STUDENT WAS ENROLLED IN ANOTHER10 INDIVIDUALIZED LEARNING ENTITY AND WAS INVOLUNTARILY ASSIGNED11 TO A FULL-TIME IN-PERSON INSTRUCTION SCHEDULE WITHIN THE CURRENT12 OR IMMEDIATELY PRECEDING SCHOOL YEAR .13 (b) N OTWITHSTANDING SUBSECTION (3)(a) OF THIS SECTION, AN14 INDIVIDUALIZED LEARNING ENTITY MAY ENROLL A STUDENT ON A15 CASE-BY-CASE BASIS CONDITIONED UPON STUDENT AND PARENT16 ASSURANCES THAT ARE SATISFACTORY TO THE INDIVIDUALIZED LEARNING17 ENTITY.18 22-27.7-106. Individualized learning entity - requirements.19 (1) A N INDIVIDUALIZED LEARNING ENTITY SHALL BE ACCESSIBLE TO ALL20 STUDENTS, INCLUDING STUDENTS WITH DISABILITIES.21 (2) A N INDIVIDUALIZED LEARNING ENTITY SHALL ENSURE22 STUDENTS HAVE ACCESS TO ALL CURRICULA , COURSE CONTENT ,23 INSTRUCTIONAL MATERIALS, INDIVIDUALIZED LEARNING ACTIVITIES, AND24 ANY OTHER LEARNING RESOURCES THAT ARE IDENTIFIED IN THE STUDENT 'S25 WRITTEN LEARNING PLAN . THE MATERIALS MUST BE CONSISTENT IN26 QUALITY TO THOSE AVAILABLE IN OTHER PUBLIC SCHOOLS .27 HB23-1188 -11- (3) AN INDIVIDUALIZED LEARNING ENTITY MAY PURCHASE1 EDUCATIONAL SUPPLIES, MATERIALS, CURRICULA, AND EQUIPMENT FOR2 EACH STUDENT'S USE IN COURSES OR INDIVIDUALIZED LEARNING3 ACTIVITIES. ANY PURCHASE MUST:4 (a) B E CONSISTENT WITH THE PUBLIC SCHOOL'S OTHER APPROVED5 EDUCATIONAL MATERIALS OR CURRICULA , IF ANY;6 (b) C ONFORM TO APPLICABLE LAWS AND RULES ;7 (c) B E MADE IN A MANNER CONSISTENT WITH PURCHASES FOR8 OTHER STUDENTS, IF ANY; AND9 (d) R EMAIN THE PROPERTY OF THE SCHOOL DISTRICT OR PUBLIC10 SCHOOL AFTER A STUDENT COMPLETES OR EXITS THE INDIVIDUALIZED11 LEARNING ENTITY.12 (4) T HE INDIVIDUALIZED LEARNING ENTITY SHALL INSTITUTE13 RELIABLE METHODS TO VERIFY THAT A STUDENT IS DOING THE STUDENT 'S14 OWN WORK. THE METHODS MAY INCLUDE PROCTORED EXAMINATIONS OR15 PROJECTS, THE USE OF WEB CAMERAS FOR DIRECT COMMUNICATION , OR16 OTHER TECHNOLOGIES.17 (5) W HENEVER A NONRESIDENT STUDENT ENDS ENROLLMENT IN18 AN INDIVIDUALIZED LEARNING ENTITY BEFORE COMPLETING THE19 STUDENT'S COURSE OF INSTRUCTION , THE INDIVIDUALIZED LEARNING20 ENTITY SHALL NOTIFY THE STUDENT'S RESIDENT SCHOOL DISTRICT.21 (6) (a) A N INDIVIDUALIZED LEARNING ENTITY MAY CONTRACT FOR22 THE PERFORMANCE OF A SERVICE, INCLUDING AN EDUCATIONAL SERVICE ,23 PURSUANT TO SECTION 22-32-122, PROVIDED THE INDIVIDUALIZED24 LEARNING ENTITY OPERATES SEPARATELY FROM THE CONTRACTED25 ENTITY. A PERSON ON THE INDIVIDUALIZED LEARNING ENTITY 'S26 GOVERNING BODY SHALL NOT HAVE A DIRECT OR INDIRECT FINANCIAL27 HB23-1188 -12- INTEREST IN THE CONTRACTED ENTITY PROVIDING THE EDUCATIONAL1 SERVICE.2 (b) A LL EDUCATIONAL SERVICES MUST BE REAS ONABLY OVERSEEN3 BY A TEACHER EMPLOYED BY THE INDIVIDUALIZED LEARNING ENTITY WHO4 IS RESPONSIBLE FOR THE STUDENT. A CONTRACTED ENTITY MUST PROVIDE5 THE INDIVIDUALIZED LEARNING ENTITY WITH APPROPRIATE6 DOCUMENTATION OF THE EDUCATIONAL SERVICES PROVIDED .7 (c) A N INDIVIDUALIZED LEARNING ENTITY MAY OFFER CREDIT FOR8 INDIVIDUAL ONLINE COURSES BUT SHALL NOT BE CONSIDERED AN ONLINE9 PROGRAM, AN ONLINE SCHOOL, OR A LEARNING CENTER, AS THOSE TERMS10 ARE DEFINED IN SECTION 22-30.7-102.11 (d) N OTHING IN THIS ARTICLE 27.7 PREVENTS AN INDIVIDUALIZED12 LEARNING ENTITY FROM CONTRACTING WITH ANOTHER PUBLIC SCHOOL13 FOR EDUCATIONAL SERVICES OR RESTRICTS A STUDENT ENROLLED IN AN14 INDIVIDUALIZED LEARNING ENTITY FROM USING CONCURRENT15 ENROLLMENT OPTIONS PURSUANT TO THE "CONCURRENT ENROLLMENT16 P ROGRAMS ACT", ARTICLE 35 OF THIS TITLE 22, IN HIGHER EDUCATION.17 (7) (a) A TEACHER EMPLOYED BY THE INDIVIDUALIZED LEARNING18 ENTITY IS RESPONSIBLE AND ACCOUNTABLE FOR ALL INDIVIDUALIZED19 LEARNING ACTIVITIES ASSIGNED TO THAT TEACHER IN THE STUDENT 'S20 WRITTEN LEARNING PLAN, INCLUDING REQUIRED SUPERVISED LEARNING ,21 MONITORING, EVALUATION, AND DOCUMENTATION OF STUDENT PROGRESS .22 (b) T HE INDIVIDUALIZED LEARNING ENTITY SHALL ASSIGN EACH23 STUDENT A DESIGNATED POINT OF CONTACT , WHICH MAY BE A TEACHER24 OR ADVISOR, WHO COORDINATES ALL INDIVIDUALIZED LEARNING25 ACTIVITIES.26 (c) E ACH TEACHER SHALL MAINTAIN REGULAR WEEKLY OFFICE27 HB23-1188 -13- HOURS WHEN THE TEACHER IS AVAILABLE FOR SCHEDULED OR1 UNSCHEDULED DIRECT PERSONAL CONTACT INITIATED BY A STUDENT ,2 MENTOR, OR PARENT.3 (d) N OTWITHSTANDING THE MONTHLY PROGRESS EVALUATIONS4 AND INTERVENTIONS OUTLINED IN SECTION 22-27.7-108, EACH TEACHER5 IS AUTHORIZED TO REQUIRE IN-PERSON INSTRUCTION AS NECESSARY TO6 PROPERLY SUPPORT THE STUDENT 'S LEARNING.7 (8) T HE PUBLIC SCHOOL ENTITY PROVIDING INDIVIDUALIZED8 LEARNING HAS THE OBLIGATIONS AND POWERS RELATED TO STUDENT9 DISCIPLINARY OR RESTORATIVE PROCESSES AND STUDENT TRUANCY .10 22-27.7-107. Student's written learning plan - requirements.11 (1) A N INDIVIDUALIZED LEARNING ENTITY SHALL DEVELOP A WRITTEN12 LEARNING PLAN FOR EACH STUDENT PARTICIPATING IN INDIVIDUALIZED13 LEARNING THAT IS DESIGNED TO MEET THE STUDENT 'S INDIVIDUAL14 EDUCATIONAL NEEDS AND PROVIDE EACH STUDENT WITH SUBSTANTIALLY15 SIMILAR EXPERIENCES AND SERVICES TO THOSE OF OTHER STUDENTS .16 (2) T HE STUDENT'S WRITTEN LEARNING PLAN MUST BE DEVELOPED17 AND APPROVED BY A TEACHER WITH ASSISTANCE FROM THE STUDENT , THE18 STUDENT'S MENTOR, OR OTHER INTERESTED PARTIES, AS APPROPRIATE.19 (3) T HE STUDENT'S WRITTEN LEARNING PLAN MUST INCLUDE :20 (a) A DESCRIPTION OF EACH INDIVIDUALIZED LEARNING COURSE OR21 LEARNING ACTIVITY THE STUDENT WILL PARTICIPATE IN , INCLUDING22 SPECIFIC LEARNING GOALS, PERFORMANCE OBJECTIVES, AND ACTIVITIES23 FOR EACH COURSE, WRITTEN IN A MANNER THAT FACILITATES A MONTHLY24 EVALUATION OF THE STUDENT 'S PROGRESS. THE DESCRIPTION MUST25 CLEARLY IDENTIFY THE REQUIREMENTS A STUDENT MUST MEET TO26 SUCCESSFULLY COMPLETE THE COURSE OR COURSE WORK . THIS27 HB23-1188 -14- REQUIREMENT MAY BE MET WITH INDIVIDUAL COURSE SYLLABI OR OTHER1 SIMILARLY DETAILED DESCRIPTIONS OF THE LEARNING REQUIREMENTS .2 (b) A N ESTIMATE OF THE AVERAGE NUMBER OF HOURS PER SC HOOL3 WEEK THE STUDENT WILL ENGAGE IN INDIVIDUALIZED LEARNING4 ACTIVITIES NECESSARY TO ACCOMPLISH THE LEARNING GOALS AND5 PERFORMANCE OBJECTIVES ;6 (c) T HE TEACHER RESPONSIBLE FOR EACH INDIVIDUALIZED7 LEARNING COURSE OR LEARNING ACTIVITY ;8 (d) A DESCRIPTION OF THE INSTRUCTIONAL MATERIALS NEEDED TO9 COMPLETE THE LEARNING PLAN FOR EACH INDIVIDUALIZED LEARNING10 COURSE OR LEARNING ACTIVITY;11 (e) A DESCRIPTION OF THE TIMELINES AND METHODS FOR12 EVALUATING THE STUDENT 'S PROGRESS TOWARD ACHIEVING THE13 LEARNING GOALS AND PERFORMANCE OBJECTIVES ;14 (f) H OW EACH COURSE MEETS THE STATE CONTENT STANDARDS OR15 GRADE LEVEL EXPECTATIONS AND ANY OTHER ACADEMIC GOALS ,16 OBJECTIVES, AND LEARNING REQUIREMENTS DEFINED BY THE PUBLIC17 SCHOOL;18 (g) T HE ESTIMATED HOURS PER SEMESTER OF DIRECT PERSONAL19 CONTACT WITH STUDENTS ; THE NUMBER OF WEEKS PER SEMESTER ; AND20 THE TOTAL SEMESTER HOURS OF STUDENT COURSE WORK ; AND21 (h) A STATEMENT THAT DIRECT PERSONAL CONTACT WITH THE22 STUDENT'S MENTOR IS REQUIRED FOR PURPOSES OF IMPROVING STUDENT23 LEARNING.24 (4) D IRECT PERSONAL CONTACT BETWEEN TEACHERS AND25 STUDENTS MUST TAKE PLACE WITH THE FREQUENCY AND DURATION THAT26 EACH TEACHER REASONABLY DETERMINES IS NECESSARY FOR EACH27 HB23-1188 -15- STUDENT TO MEET THE STUDENT 'S WRITTEN LEARNING PLAN1 REQUIREMENTS AND, AT A MINIMUM, MUST TAKE PLACE AT LEAST ONCE2 PER SCHOOL WEEK. THE DIRECT PERSONAL CONTACT MUST BE :3 (a) F OR THE PURPOSE OF INSTRUCTION, REVIEWING ASSIGNMENTS,4 TESTING, EVALUATION OF STUDENT PROGRESS , OR OTHER LEARNING5 ACTIVITIES OR REQUIREMENTS IDENTIFIED IN THE STUDENT 'S WRITTEN6 LEARNING PLAN; AND7 (b) R ELATED TO INDIVIDUALIZED LEARNING COURSE WORK OR AN8 INDIVIDUALIZED LEARNING ACTIVITY IDENTIFIED IN THE STUDENT 'S9 WRITTEN LEARNING PLAN.10 (5) (a) F OR PURPOSES OF THE PUPIL ENROLLMENT COUNT DAY , AS11 DEFINED IN SECTION 22-54-103 (10.5), TEACHERS SHALL DOCUMENT12 STUDENT AND MENTOR DIRECT PERSONAL CONTACT AND PROVIDE13 APPROPRIATE ESTIMATES OF STUDENT PARTICIPATION IN THE CURRICULUM14 ON SUCH DAY OR DAYS AS ARE RELIED UPON BY THE INDIVIDUALIZED15 LEARNING ENTITY TO DOCUMENT A PROPER STUDENT COUNT .16 (b) T IME DOCUMENTED, INCLUDING APPROPRIATE ESTIMATES, FOR17 INDIVIDUALIZED LEARNING, INCLUDING ENROLLED COURSES OR ACTIVITIES18 WITH DOCUMENTED TIME EQUIVALENCIES , MUST BE COMBINED WITH TIME19 SPENT DURING IN-PERSON INSTRUCTION FOR PURPOSES OF STUDENT COUNT20 AUDITS.21 22-27.7-108. Monthly evaluation - continuation - intervention22 plan - scheduling. (1) Monthly progress evaluation. (a) A TEACHER23 EMPLOYED BY THE INDIVIDUALIZED LEARNING ENTITY SHALL EVALUATE24 THE EDUCATIONAL PROGRESS OF EACH STUDENT AT LEAST ONCE A MONTH25 DURING THE STUDENT'S ENROLLMENT. THE RESULTS OF EACH EVALUATION26 MUST BE COMMUNICATED TO THE STUDENT , THE STUDENT'S MENTOR, AND27 HB23-1188 -16- THE STUDENT'S PARENT OR LEGAL GUARDIAN.1 (b) T HE MONTHLY EVALUATION OF A STUDENT 'S EDUCATIONAL2 PROGRESS MUST:3 (I) B E BASED ON THE LEARNING GOALS AND PERFORMANCE4 OBJECTIVES OUTLINED IN THE STUDENT 'S WRITTEN LEARNING PLAN ,5 STUDENT ENGAGEMENT , EVIDENCE OF THE STUDENT LEARNING THE6 REQUIRED CONCEPTS, AND THE STUDENT'S SUCCESSFUL COMPLETION OF A7 COURSE OR INDIVIDUALIZED LEARNING ACTIVITY, ALL IN THE REASONABLE8 PROFESSIONAL JUDGMENT OF THE TEACHER ;9 (II) B E CONDUCTED IN A MANNER CONSISTENT WITH THE PUBLIC10 SCHOOL'S STUDENT EVALUATION OR GRADING PROCEDURES ; AND11 (III) I NCLUDE DIRECT PERSONAL CONTACT BETWEEN THE TEACHER12 AND THE STUDENT; EXCEPT THAT DIRECT PERSONAL CONTACT IS NOT13 REQUIRED AS A PART OF THE EVALUATION CONDUCTED IN THE FINAL14 MONTH OF THE SCHOOL YEAR IF THE EVALUATION TAKES THE FORM OF THE15 DELIVERY OF FINAL GRADES TO THE STUDENT AND THE STUDENT 'S PARENT.16 (c) T HE TEACHER SHALL IDENTIFY PROGRESS TOWARD , OR17 SATISFACTION OF, STATE CONTENT STANDARDS IN EACH INSTANCE WHEN18 THE LEARNING GOALS AND PERFORMANCE OBJECTIVES IDENTIFIED IN THE19 STUDENT'S WRITTEN LEARNING PLAN ADDRESS STATE CONTENT20 STANDARDS.21 (d) I F THE MONTHLY EVALUATION IS NOT COMPLETED WITHIN THE22 CALENDAR MONTH BEING EVALUATED , THE EVALUATION MUST BE23 COMPLETED WITHIN FIVE SCHOOL DAYS AFTER THE END OF THE CALENDAR24 MONTH BEING EVALUATED .25 (2) Satisfactory progress. B ASED ON THE MONTHLY PROGRESS26 EVALUATION, THE STUDENT'S TEACHER SHALL DETERMINE AND DOCUMENT27 HB23-1188 -17- WHETHER THE STUDENT IS MAKING SATISFACTORY PROGRESS TOWARD1 REACHING THE LEARNING GOALS AND PERFORMANCE OBJECTIVES2 IDENTIFIED IN THE STUDENT'S WRITTEN LEARNING PLAN. THE TEACHER3 MAY CONSIDER AND DOCUMENT NON -ACADEMIC FACTORS IN DETERMINING4 SATISFACTORY PROGRESS.5 (3) Intervention plan. (a) I F IT IS DETERMINED THAT THE6 STUDENT FAILED TO MAKE SATISFACTORY PROGRESS OR FAILED TO7 FOLLOW THE STUDENT'S WRITTEN LEARNING PLAN, THE TEACHER SHALL8 DEVELOP AN INTERVENTION PLAN FOR THE STUDENT WITHIN FIVE SCHOOL9 DAYS AFTER THE DATE OF THE MONTHLY PROGRESS EVALUATION10 IDENTIFYING LESS-THAN-SATISFACTORY PROGRESS.11 (b) T HE TEACHER SHALL INVOLVE THE STUDENT , THE STUDENT'S12 MENTOR, AND THE STUDENT'S PARENT OR LEGAL GUARDIAN , TO THE13 EXTENT PRACTICAL WITHIN THE TIME ALLOWED , IN DEVELOPING THE14 INTERVENTION PLAN, AND THE TEACHER MAY CONFER WITH THE STUDENT ,15 THE STUDENT'S MENTOR, AND THE STUDENT 'S PARENT OR LEGAL16 GUARDIAN TO CONSIDER MODIFICATIONS TO THE INTERVENTION PLAN .17 (c) A T A MINIMUM, THE INTERVENTION PLAN MUST INCLUDE AT18 LEAST ONE OF THE FOLLOWING INTERVENTIONS :19 (I) I NCREASING THE FREQUENCY OR DURATION OF THE STUDENT 'S20 CONTACT WITH THE TEACHER IN ORDER TO ENHANCE THE TEACHER 'S21 ABILITY TO IMPROVE THE STUDENT'S LEARNING;22 (II) M ODIFYING THE MANNER OF CONTACT BETWEEN THE TEACHER23 AND THE STUDENT;24 (III) M ODIFYING THE STUDENT 'S LEARNING GOALS OR25 PERFORMANCE OBJECTIVES IDENTIFIED IN THE STUDENT 'S WRITTEN26 LEARNING PLAN; OR27 HB23-1188 -18- (IV) MODIFYING THE NUMBER OR SCOPE OF COURSES OR THE1 COURSE CONTENT INCLUDED IN THE STUDENT 'S WRITTEN LEARNING PLAN.2 (d) A N INTERVENTION PLAN IS NOT REQUIRED IF THE MONTHLY3 EVALUATION IS CONDUCTED WITHIN THE LAST FIVE SCHOOL DAYS OF THE4 SCHOOL YEAR.5 (4) (a) I F THE STUDENT CONTINUES TO MAKE6 LESS-THAN-SATISFACTORY PROGRESS AFTER THREE CONSECUTIVE MONTHS7 DESPITE AN INTERVENTION PLAN, THE TEACHER SHALL, IN CONJUNCTION8 WITH THE STUDENT AND THE STUDENT 'S PARENT OR LEGAL GUARDIAN ,9 DEVELOP AND IMPLEMENT AN AMENDE D WRITTEN LEARNING PLAN THAT10 INCLUDES A COURSE OF STUDY DESIGNED TO MEET THE STUDENT 'S NEEDS11 MORE APPROPRIATELY.12 (b) A STUDENT ASSIGNED TO AN IN -PERSON INSTRUCTION13 SCHEDULE MAY SUBSEQUENTLY BE ALLOWED TO PARTICIPATE IN14 INDIVIDUALIZED LEARNING ACTIVITIES TO AN APPROPRIATE DEGREE AT15 THE DISCRETION OF THE INDIVIDUALIZED LEARNING ENTITY WITH16 APPROVAL OF THE CHIEF ACADEMIC OFFICER .17 22-27.7-109. Chief academic officer - responsibilities. (1) T HE18 INDIVIDUALIZED LEARNING PROVIDED AT AN INDIVIDUALIZED LEARNING19 ENTITY MUST BE OVERSEEN BY A CHIEF ACADEMIC OFFICER WHO IS20 APPOINTED BY THE INDIVIDUALIZED LEARNING ENTITY . THE CHIEF21 ACADEMIC OFFICER SHALL:22 (a) E NSURE THAT TEACHERS AND CONTRACTED ENTITIES COMPLY23 WITH THIS ARTICLE 27.7 AND WITH INDIVIDUALIZED LEARNING POLICIES24 DEVELOPED BY THE INDIVIDUALIZED LEARNING ENTITY ;25 (b) C OMPLETE AN ANNUAL EVALUATION OF TEACHER26 PERFORMANCE AS OTHERWISE REQUIRED BY LAW ;27 HB23-1188 -19- (c) COMPLETE AN ANNUAL REVIEW OF THE PERFORMANCE OF ANY1 CONTRACTED ENTITY THAT THE INDIVIDUALIZED LEARNING ENTITY2 ROUTINELY OR REPEATEDLY CONTRACTS WITH ; AND3 (d) C OMPLETE ALL OTHER DUTIES PRESCRIBED BY THIS ARTICLE4 27.7 OR BY THE GOVERNING BODY OF THE INDIVIDUALIZED LEARNING5 ENTITY.6 (2) T HE CHIEF ACADEMIC OFFICER MAY EXTEND ANY DEADLINES7 REQUIRED PURSUANT TO SECTIONS 22-27.7-107 AND 22-27.7-108 DUE TO8 A STUDENT'S OR TEACHER'S ILLNESS OR OTHER EXCUSED ABSENCE , AS9 DETERMINED BY THE INDIVIDUALIZED LEARNING ENTITY , PROVIDED THE10 CHIEF ACADEMIC OFFICER ENSURES THE PROMPT COMPLETION OF SUCH11 ACTIVITIES OR AN APPROPRIATE ALTERNATIVE TO TIMELY COMPLETION AS12 SOON AS PRACTICABLE. ANY EXTENSION OF A DEADLINE OR ALTERNATIVES13 MUST BE IN WRITING.14 22-27.7-110. Funding - repeal. (1) (a) F OR THE 2023-24 AND15 2024-25 STATE FISCAL YEARS, AN INDIVIDUALIZED LEARNING SCHOOL OR16 AN INDIVIDUALIZED LEARNING PROGRAM MUST BE FUNDED IF THE SCHOOL17 OR PROGRAM IS IN COMPLIANCE WITH THIS ARTICLE 27.7 AND A STUDENT:18 (I) I S ENROLLED IN AN INDIVIDUALIZED LEARNING SCHOOL OR AN19 INDIVIDUALIZED LEARNING PROGRAM THAT WAS OPERATING ON OR20 BEFORE THE EFFECTIVE DATE OF THIS ACT;21 (II) W AS ENROLLED IN A PUBLIC SCHOOL THE PRECEDING22 ACADEMIC SCHOOL YEAR ;23 (III) W AS NOT ENROLLED IN A PRIVATE SCHOOL OR PARTICIPATING24 IN A NONPUBLIC HOME-BASED EDUCATION PROGRAM THE PRECEDING25 SCHOOL YEAR; OR26 (IV) I S ENROLLING FOR THE FIRST TIME AS A KINDERGARTEN OR27 HB23-1188 -20- FIRST-GRADE STUDENT OR HAS RECENTLY MOVED TO COLORADO AND IS1 ENROLLING FOR THE FIRST TIME AS A COLORADO RESIDENT IN ANY GRADE2 LEVEL.3 (b) T HIS SUBSECTION (1) IS REPEALED, EFFECTIVE JULY 1, 2025.4 (2) B EGINNING WITH THE 2025-26 STATE FISCAL YEAR, A STUDENT5 ENROLLED IN AN INDIVIDUALIZED LEARNING SCHOOL AND PUBLIC SCHOOL6 OFFERING AN INDIVIDUALIZED LEARNING PROGRAM MUST BE FUNDED7 PURSUANT TO THE "PUBLIC SCHOOL FINANCE ACT OF 1994", ARTICLE 548 OF THIS TITLE 22, IN THE MANNER AND TO THE DEGREE THAT APPLIES TO9 A STUDENT ENROLLED AS AN IN -PERSON STUDENT OF THE DISTRICT OR10 PUBLIC SCHOOL.11 (3) T HE DEPARTMENT SHALL COUNT AND AUDIT THE COUNT OF AN12 INDIVIDUALIZED LEARNING ENTITY FOR :13 (a) D OCUMENTATION OF PARTICIPATION IN THE PUPIL ENROLLMENT14 COUNT DAY, AS DEFINED IN SECTION 22-54-103 (10.5), PURSUANT TO15 SECTION 22-27.7-107 (5); AND16 (b) A SUFFICIENT FALL SEMESTER SCHEDULE FOR FULL -TIME OR17 PART-TIME ENROLLMENT BASED ON THE INFORMATION REQUIRED BY18 SECTION 22-27.7-107 (3)(g).19 (4) H OURS COUNTABLE TOWARD A SUFFICIENT SEMESTER20 SCHEDULE MAY INCLUDE UP TO TWENTY -FOUR HOURS OF DIRECT21 PERSONAL CONTACT BETWEEN TEACHERS AND MENTORS , INCLUDING22 STRUCTURED MENTOR ACTIVITIES .23 (5) A N INDIVIDUALIZED LEARNING ENTITY SHALL DOCUMENT24 IN-PERSON ATTENDANCE , IN-PERSON LEARNING ACTIVITIES , AND25 APPROPRIATE PARTICIPATION IN ALL INDEPENDENT LEARNING ACTIVITIES .26 (6) C OUNT AUDITS MUST TAKE PLACE UNDER THE SPECIFIC27 HB23-1188 -21- CRITERIA DEVELOPED BY THE DEPARTMENT . THE DEPARTMENT SHALL1 PROVIDE THE CRITERIA TO EACH INDIVIDUALIZED LEARNING ENTITY2 REASONABLY IN ADVANCE OF THE SCHOOL YEAR IN WHICH THE CRITERIA3 IS APPLICABLE.4 22-27.7-111. Independent study. N OTHING IN THIS ARTICLE 27.75 PREVENTS ANY PUBLIC SCHOOL FROM PERMITTING A STUDENT TO ENGAGE6 IN AND RECEIVE CREDIT FOR INDEPENDENT STUDY AS OTHERWISE7 PERMITTED BY LAW.8 SECTION 2. In Colorado Revised Statutes, 22-30.5-106, amend9 (1)(r) and (1)(s)(IV)(D); and add (1)(t) as follows:10 22-30.5-106. Charter application - contents. (1) The charter11 school application is a proposed agreement upon which the charter12 applicant and the chartering local board of education negotiate a charter13 contract. At a minimum, each charter school application includes:14 (r) A dispute resolution process, as provided in section15 22-30.5-107.5; and 16 (s) If the proposed charter school intends to contract with an17 education management provider:18 (IV) A copy of the actual or proposed performance contract19 between the governing board for the proposed charter school and the20 education management provider that specifies, at a minimum, the21 following material terms:22 (D) The conditions for contract renewal and termination; AND23 (t) A STATEMENT OF WHETHER THE PROPOSED CHARTER SCHOOL24 PLANS TO OFFER AN INDIVIDUALIZED LEARNING PROGRAM OR BECOME AN25 INDIVIDUALIZED LEARNING SCHOOL PURSUANT TO ARTICLE 27.7 OF THIS26 TITLE 22.27 HB23-1188 -22- SECTION 3. Act subject to petition - effective date. This act1 takes effect at 12:01 a.m. on the day following the expiration of the2 ninety-day period after final adjournment of the general assembly; except3 that, if a referendum petition is filed pursuant to section 1 (3) of article V4 of the state constitution against this act or an item, section, or part of this5 act within such period, then the act, item, section, or part will not take6 effect unless approved by the people at the general election to be held in7 November 2024 and, in such case, will take effect on the date of the8 official declaration of the vote thereon by the governor.9 HB23-1188 -23-