Colorado 2023 2023 Regular Session

Colorado House Bill HB1188 Introduced / Bill

Filed 02/08/2023

                    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-