Colorado 2023 Regular Session

Colorado House Bill HB1188 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	First Regular Session
2	2	Seventy-fourth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 23-0399.01 Shelby Ross x4510
8	8	HOUSE BILL 23-1188
9	9	House Committees Senate Committees
10	10	Education
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING AUTHORIZING A PUBLIC SCHOOL TO OFFER101
14	14	INDIVIDUALIZED LEARNING .102
15	15	Bill Summary
16	16	(Note: This summary applies to this bill as introduced and does
17	17	not reflect any amendments that may be subsequently adopted. If this bill
18	18	passes third reading in the house of introduction, a bill summary that
19	19	applies to the reengrossed version of this bill will be available at
20	20	http://leg.colorado.gov
21	21	.)
22	22	The bill authorizes a public school or a charter school that is
23	23	permitted by its charter authorizer to offer an individualized learning
24	24	program or become an individualized learning school.
25	25	Individualized learning includes a course of instruction or
26	26	grade-level course work that is:
27	27	! Provided, in whole or in part, independently from a regular
28	28	HOUSE SPONSORSHIP
29	29	Soper and Michaelson Jenet,
30	30	SENATE SPONSORSHIP
31	31	Rich,
32	32	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
33	33	Capital letters or bold & italic numbers indicate new material to be added to existing law.
34	34	Dashes through the words or numbers indicate deletions from existing law. classroom setting or schedule;
35	35	! Supervised, monitored, assessed, evaluated, and
36	36	documented by a teacher employed by an individualized
37	37	learning school or a public school that offers an
38	38	individualized learning program; and
39	39	! Documented in the student's written learning plan.
40	40	The bill requires each charter school application to identify
41	41	whether the proposed charter school will offer an individualized learning
42	42	program or become an individualized learning school.
43	43	The bill authorizes an existing charter school to request to amend
44	44	the charter contract to allow the charter school to offer an individualized
45	45	learning program or propose to become an individualized learning school
46	46	either in connection with the charter-renewal process or pursuant to an
47	47	agreement with the charter authorizer that the charter school will submit
48	48	a written plan for becoming an individualized learning school.
49	49	The bill requires an individualized learning school to operate as
50	50	part of, or within reasonable proximity to, a public school that serves
51	51	students enrolled in the individualized learning program.
52	52	The bill requires an individualized learning school or an
53	53	individualized learning program to be open for enrollment to any student
54	54	whose residence is within reasonable distance of the school or program
55	55	that will permit the student to attend the school in person on a daily basis,
56	56	if needed.
57	57	The bill requires each student enrolled in an individualized
58	58	learning school or individualized learning program to have a written
59	59	learning plan that is designed to meet the student's individual educational
60	60	needs.
61	61	The bill requires direct personal contact between a teacher and
62	62	each student to take place at least once per school week.
63	63	The bill requires a teacher to evaluate the educational progress of
64	64	each student enrolled in an individualized learning school or
65	65	individualized learning program at least once a month during the student's
66	66	enrollment. If the teacher determines the student failed to make
67	67	satisfactory progress or failed to follow the student's written learning
68	68	plan, the bill requires the teacher to develop an intervention plan for the
69	69	student. If the student continues to make less-than-satisfactory progress
70	70	after 3 consecutive months despite an intervention plan, the bill requires
71	71	the teacher to develop and implement an amended written learning plan
72	72	that includes a course of study designed to meet the student's needs more
73	73	appropriately.
74	74	The bill requires individualized learning to be overseen by a chief
75	75	academic officer who is appointed by the individualized learning school
76	76	or public school that offers an individualized learning program.
77	77	For the 2023-24 and 2024-25 state fiscal years, the bill requires an
78	78	individualized learning entity to receive public school funding if a student
79	79	HB23-1188
80	80	-2- is enrolled in an individualized learning entity that was operating on or
81	81	before the effective date of this act; was enrolled in a public school the
82	82	preceding academic school year; was not enrolled in a private school or
83	83	participating in a nonpublic home-based education program the preceding
84	84	school year; or is enrolling for the first time as a kindergarten or
85	85	first-grade student or has recently moved to Colorado and is enrolling for
86	86	the first time as a Colorado resident in any grade level. Beginning with
87	87	the 2025-26 state fiscal year, the bill requires an individualized learning
88	88	school to receive public school funding in the manner and to the degree
89	89	that applies to any student enrolled in a public school.
90	90	Be it enacted by the General Assembly of the State of Colorado:1
91	91	SECTION 1. In Colorado Revised Statutes, add article 27.7 to2
92	92	title 22 as follows:3
93	93	ARTICLE 27.74
94	94	Individualized Learning Schools Act5
95	95	22-27.7-101. Short title. T
96	96	HE SHORT TITLE OF THIS ARTICLE 27.76
97	97	IS THE "INDIVIDUALIZED LEARNING SCHOOLS ACT".7
98	98	22-27.7-102. Legislative declaration. (1) T
99	99	HE GENERAL8
100	100	ASSEMBLY FINDS AND DECLARES THAT :9
101	101	(a) C
102	102	OLORADO SCHOOL DISTRICTS, CHARTER SCHOOLS, TEACHERS,10
103	103	PARENTS, AND STUDENTS HAVE DEVELOPED INNOVATIVE PROGRAMS IN11
104	104	WHICH STUDENTS ENGAGE IN EXTENSIVE INDIVIDUALIZED LEARNING12
105	105	COMBINED WITH OTHER TRADITIONAL AND NONTRADITI ONAL13
106	106	EDUCATIONAL EXPERIENCES ;14
107	107	(b) T
108	108	HESE PROGRAMS EXHIBIT PUBLICLY DIRECTED INSTRUCTION15
109	109	ALIGNED WITH STATE STANDARDS ; FLEXIBILITY IN STUDENTS' SCHEDULES16
110	110	AND ASSIGNMENTS; HIGH LEVELS OF STUDENT INDEPENDENCE, ESPECIALLY17
111	111	IN HIGHER GRADE LEVELS, AND HIGH LEVELS OF FAMILY INVOLVEMENT ,18
112	112	ESPECIALLY IN LOWER GRADE LEVELS ; SUPPORTS AND INTERVENTIONS19
113	113	TAILORED TO INDIVIDUAL STUDENT NEEDS AND INTERESTS ; APPROPRIATE20
114	114	HB23-1188-3- TEACHER DIRECTION IN EACH CONTEXT ; SATISFACTORY STUDENT1
115	115	ACHIEVEMENT; AND SUPPORT FOR NONTRADITIONAL LEARNERS ;2
116	116	(c) T
117	117	HESE PROGRAMS, INCLUDING THE WELL-ESTABLISHED VISION3
118	118	CHARTER ACADEMY IN THE DELTA COUNTY SCHOOL DISTRICT AND THE4
119	119	M
120	120	ESA VALLEY COMMUNITY SCHOOL , HAVE DEMONSTRATED5
121	121	EDUCATIONAL VALUE AND HAVE SERVED MANY COLORADO FAMILIES FOR6
122	122	YEARS; HOWEVER, THE PROGRAMS DO NOT READILY FIT WITHIN THE7
123	123	"P
124	124	UBLIC SCHOOL FINANCE ACT OF 1994";8
125	125	(d) D
126	126	URING THE COVID-19 PANDEMIC, MANY STUDENTS ENGAGED9
127	127	IN PERIODS OF REMOTE LEARNING OR BLENDED REMOTE AND IN -PERSON10
128	128	LEARNING. CODIFYING HIGH-QUALITY EXPECTATIONS FOR SUCH FORMS OF11
129	129	LEARNING WILL IMPROVE STUDENT EXPERIENCES AND OUTCOMES DURING12
130	130	ANY FUTURE EMERGENCY .13
131	131	(e) A
132	132	CHIEVING AND SUSTAINING EDUCATIONAL SUCCESS FOR14
133	133	STUDENTS IN THESE PROGRAMS REQUIRES A FRAMEWORK OF APPROPRIATE15
134	134	RULES.16
135	135	(2) T
136	136	HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT IN17
137	137	ORDER TO RECOGNIZE THESE SCHOOLS ' EFFORTS AND THE POTENTIAL18
138	138	VALUE OF THIS MODEL TO OTHERS , THE "INDIVIDUALIZED LEARNING19
139	139	S
140	140	CHOOLS ACT" INTENDS TO CODIFY THESE SCHOOLS ' SUCCESSFUL,20
141	141	FISCALLY SOUND, AND FULLY ACCOUNTABLE PROGRAMS .21
142	142	22-27.7-103. Definitions. A
143	143	S USED IN THIS ARTICLE 27.7, UNLESS22
144	144	THE CONTEXT OTHERWISE REQUIRES :23
145	145	(1) "C
146	146	HARTER AUTHORIZER" HAS THE SAME MEANING AS SET24
147	147	FORTH IN SECTION 22-28-103 (1.5).25
148	148	(2) "C
149	149	HARTER SCHOOL" MEANS A CHARTER SCHOOL AUTHORIZED26
150	150	BY A SCHOOL DISTRICT PURSUANT TO PART 1 OF ARTICLE 30.5 OF THIS27
151	151	HB23-1188
152	152	-4- TITLE 22 OR A CHARTER SCHOOL AUTHORIZED BY THE STATE CHARTER1
153	153	SCHOOL INSTITUTE PURSUANT TO PART 5 OF ARTICLE 30.5 OF THIS TITLE2
154	154	22.3
155	155	(3) "D
156	156	EPARTMENT" MEANS THE DEPARTMENT OF EDUCATION .4
157	157	(4) "D
158	158	IRECT PERSONAL CONTACT " MEANS A ONE-ON-ONE OR5
159	159	GROUP MEETING BETWEEN A TEACHER AND A STUDENT , A TEACHER AND6
160	160	A MENTOR, OR A TEACHER, STUDENT, AND MENTOR, WITH THE PURPOSE OF7
161	161	PROVIDING EFFECTIVE INSTRUCTION TO THE STUDENT . DIRECT PERSONAL8
162	162	CONTACT MUST BE IN PERSON, BY TELEPHONE, OR BY INTERACTIVE VIDEO9
163	163	TECHNOLOGY.10
164	164	(5) "I
165	165	NDIVIDUALIZED LEARNING " MEANS A COURSE OF11
166	166	INSTRUCTION OR GRADE-LEVEL COURSE WORK THAT IS:12
167	167	(a) P
168	168	ROVIDED, IN WHOLE OR IN PART, INDEPENDENTLY FROM A13
169	169	REGULAR CLASSROOM SETTING OR SCHEDULE , BUT MAY INCLUDE14
170	170	COMPONENTS OF DIRECT INSTRUCTION ;15
171	171	(b) S
172	172	UPERVISED, MONITORED, ASSESSED, EVALUATED, AND16
173	173	DOCUMENTED BY A TEACHER EMPLOYED BY AN INDIVIDUALIZED LEARNING17
174	174	ENTITY; AND18
175	175	(c) D
176	176	OCUMENTED IN THE STUDENT 'S WRITTEN LEARNING PLAN19
177	177	CONSISTENT WITH THE INDIVIDUALIZED LEARNING ENTITY 'S POLICY AND20
178	178	THIS ARTICLE 27.7.21
179	179	(6) "I
180	180	NDIVIDUALIZED LEARNING ENTITY " MEANS:22
181	181	(a) A
182	182	N INDIVIDUALIZED LEARNING SCHOOL ; OR23
183	183	(b) A
184	184	PUBLIC SCHOOL, OR CHARTER SCHOOL THAT IS PERMITTED BY24
185	185	ITS CHARTER AUTHORIZER, THAT OFFERS AN INDIVIDUALIZED LEARNING25
186	186	PROGRAM.26
187	187	(7) "I
188	188	NDIVIDUALIZED LEARNING PROGRAM " MEANS27
189	189	HB23-1188
190	190	-5- INDIVIDUALIZED LEARNING PROVIDED AS ONE PROGRAM AMONG OTHERS1
191	191	AS PART OF A PUBLIC SCHOOL OR BY AGREEMENT BETWEEN AN2
192	192	INDIVIDUALIZED LEARNING SCHOOL AND A PUBLIC SCHOOL PROVIDING3
193	193	OTHER PROGRAMS, AND IN EACH CASE INCLUDING IN-PERSON INSTRUCTION4
194	194	SCHEDULES AVAILABLE TO STUDENTS PARTICIPATING IN INDIVIDUALIZED5
195	195	LEARNING.6
196	196	(8) "I
197	197	NDIVIDUALIZED LEARNING SCHOOL " MEANS A SCHOOL7
198	198	DEDICATED TO PROVIDING INDIVIDUALIZED LEARNING TO ALL ENROLLED8
199	199	STUDENTS.9
200	200	(9) "I
201	201	N-PERSON INSTRUCTION" MEANS FACE-TO-FACE DIRECT10
202	202	PERSONAL CONTACT IN A TRADITIONAL CLASSROOM OR TUTOR SETTING .11
203	203	(10) "I
204	204	N-PERSON INSTRUCTION SCHEDULE " MEANS TRADITIONAL,12
205	205	FULL-TIME USE OF IN-PERSON INSTRUCTION.13
206	206	(11) "I
207	207	NTERVENTION PLAN" MEANS A PLAN DESIGNED TO IMPROVE14
208	208	THE PROGRESS OF A STUDENT DETERMINED NOT TO BE MAKING15
209	209	SATISFACTORY PROGRESS.16
210	210	(12) "M
211	211	ENTOR" MEANS AN ADULT, WHO MAY BE A STUDENT 'S17
212	212	PARENT OR LEGAL GUARDIAN , OR A PERSON AGREED UPON BETWEEN THE18
213	213	INDIVIDUALIZED LEARNING ENTITY AND THE STUDENT 'S PARENT OR LEGAL19
214	214	GUARDIAN, WHO SERVES AS THE POINT OF CONTACT BETWEEN THE20
215	215	STUDENT AND THE INDIVIDUALIZED LEARNING ENTITY .21
216	216	(13) "P
217	217	UBLIC SCHOOL" MEANS A SCHOOL OF A SCHOOL DISTRICT;22
218	218	A CHARTER SCHOOL AUTHORIZED BY A SCHOOL DISTRICT PURSUANT TO23
219	219	PART 1 OF ARTICLE 30.5 OF THIS TITLE 22; AN INSTITUTE CHARTER SCHOOL24
220	220	AUTHORIZED BY THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO25
221	221	PART 5 OF ARTICLE 30.5 OF THIS TITLE 22; A BOARD OF COOPERATIVE26
222	222	SERVICES CREATED AND OPERATING PURSUANT TO ARTICLE 5 OF THIS27
223	223	HB23-1188
224	224	-6- TITLE 22; OR THE COLORADO SCHOOL FOR THE DEAF AND THE BLIND1
225	225	CREATED AND EXISTING PURSUANT TO SECTION 22-80-102 (1)(a).2
226	226	(14) "S
227	227	ATISFACTORY PROGRESS" MEANS A DETERMINATION MADE3
228	228	BY THE STUDENT'S TEACHER THAT THE STUDENT 'S PROGRESS TOWARD4
229	229	ACHIEVING THE SPECIFIC LEARNING GOALS AND PERFORMANCE5
230	230	OBJECTIVES SPECIFIED IN THE STUDENT 'S WRITTEN LEARNING PLAN IS6
231	231	SATISFACTORY.7
232	232	(15) "S
233	233	CHOOL WEEK" MEANS A SEVEN-DAY PERIOD THAT INCLUDES8
234	234	AT LEAST THREE DAYS WHEN SCHOOL IS IN SESSION .9
235	235	(16) "T
236	236	EACHER" MEANS A PERSON WHO IS LICENSED PURSUANT TO10
237	237	ARTICLE 60.5 OF THIS TITLE 22 OR EMPLOYED BY A CHARTER SCHOOL AS11
238	238	A TEACHER PURSUANT TO A WAIVER AND REPLACEMENT PLAN APPROVED12
239	239	BY THE STATE BOARD OF EDUCATION .13
240	240	22-27.7-104. Individualized learning program - individualized14
241	241	learning school - authority. (1) A
242	242	PUBLIC SCHOOL, OR A CHARTER15
243	243	SCHOOL THAT IS PERMITTED BY ITS CHARTER AUTHORIZER , MAY OFFER AN16
244	244	INDIVIDUALIZED LEARNING PROGRAM OR BECOME AN INDIVIDUALIZED17
245	245	LEARNING SCHOOL. EACH INDIVIDUALIZED LEARNING SCHOOL OR18
246	246	INDIVIDUALIZED LEARNING PROGRAM IS SUBJECT TO THE SAME19
247	247	ASSESSMENT AND ACCOUNTABILITY REQUIREMENTS THAT THE SCHOOL OR20
248	248	PROGRAM WOULD BE SUBJECT TO IF THE SCHOOL OR PROGRAM WERE A21
249	249	FULL-TIME IN-PERSON PUBLIC SCHOOL PROGRAM .22
250	250	(2) E
251	251	ACH CHARTER SCHOOL APPLICATION MUST IDENTIFY23
252	252	WHETHER THE PROPOSED CHARTER SCHOOL WILL OFFER AN24
253	253	INDIVIDUALIZED LEARNING PROGRAM OR BECOME AN INDIVIDUALIZED25
254	254	LEARNING SCHOOL.26
255	255	(3) (a) A
256	256	N EXISTING CHARTER SCHOOL MAY :27
257	257	HB23-1188
258	258	-7- (I) REQUEST TO AMEND THE CHARTER CONTRACT AS NECESSARY1
259	259	TO ALLOW THE CHARTER SCHOOL TO OFFER AN INDIVIDUALIZED LEARNING2
260	260	PROGRAM; OR3
261	261	(II) P
262	262	ROPOSE TO BECOME AN INDIVIDUALIZED LEARNING SCHOOL4
263	263	EITHER IN CONNECTION WITH THE CHARTER -RENEWAL PROCESS OR5
264	264	PURSUANT TO AN AGREEMENT BETWEEN THE CHARTER SCHOOL AND THE6
265	265	CHARTER AUTHORIZER THAT THE CHARTER SCHOOL WILL SUBMIT A7
266	266	WRITTEN PLAN FOR BECOMING AN INDIVIDUALIZED LEARNING SCHOOL .8
267	267	(b) A
268	268	CHARTER AUTHORIZER SHALL NOT UNREASONABLY DELAY ,9
269	269	CONDITION, OR DENY THE REQUEST TO OFFER AN INDIVIDUALIZED10
270	270	LEARNING PROGRAM PURSUANT TO SUBSECTION (3)(a)(I) OF THIS SECTION,11
271	271	OR THE PROPOSAL TO BECOME AN INDIVIDUALIZED LEARNING SC HOOL12
272	272	PURSUANT TO SUBSECTION (3)(a)(II) OF THIS SECTION. IF THE CHARTER13
273	273	AUTHORIZER DENIES THE CHARTER SCHOOL 'S REQUEST OR PROPOSAL, THE14
274	274	CHARTER SCHOOL MAY FILE A NOTICE WITH THE STATE BOARD OF15
275	275	EDUCATION AS PROVIDED IN SECTION 22-30.5-108 TO APPEAL THE16
276	276	DECISION OF THE CHARTER AUTHORIZER CONCERNING A UNILATERAL17
277	277	IMPOSITION OF CONDITIONS ON THE CHARTER SCHOOL .18
278	278	(4) A
279	279	N INDIVIDUALIZED LEARNING SCHOOL SHALL :19
280	280	(a) O
281	281	FFER AN IN-PERSON INSTRUCTION SCHEDULE . IN-PERSON20
282	282	INSTRUCTION MUST BE AVAILABLE TO ALL ENROLLED STUDENTS WHO21
283	283	ELECT TO PARTICIPATE AND MAY BE REQUIRED , TO AN APPROPRIATE22
284	284	DEGREE, FOR STUDENTS WHO DO NOT MAKE SATISFACTORY PROGRESS IN23
285	285	INDEPENDENT LEARNING ACTIVITIES .24
286	286	(b) O
287	287	PERATE AS PART OF, OR WITHIN REASONABLE PROXIMITY TO,25
288	288	A PUBLIC SCHOOL THAT SERVES STUDENTS ENROLLED IN THE26
289	289	INDIVIDUALIZED LEARNING PROGRAM WHO ELECT TO HAVE OR NEED27
290	290	HB23-1188
291	291	-8- INCREASED IN-PERSON INSTRUCTION OR AN IN -PERSON INSTRUCTION1
292	292	SCHEDULE; AND2
293	293	(c) H
294	294	AVE A PHYSICAL LOCATION CONSISTENT WITH THE3
295	295	REQUIREMENTS FOR THE LOCATION OF AN EDUCATIONAL PROGRAM AS4
296	296	PROVIDED IN SECTIONS 22-30.5-504, 22-32-109 (1)(v), AND 22-32-109 (2).5
297	297	(5) A
298	298	N INDIVIDUALIZED LEARNING SCHOOL OR INDIVIDUALIZED6
299	299	LEARNING PROGRAM MUST HAVE THE CAPACITY TO OFFER AN IN -PERSON7
300	300	INSTRUCTION SCHEDULE. ASSIGNMENT TO AN IN-PERSON INSTRUCTION8
301	301	SCHEDULE IS NOT CONSIDERED A TRANSFER , REMOVAL, OR CHANGE OF9
302	302	LOCATION FROM, OR A LOSS OF ENROLLMENT IN , THE INDIVIDUALIZED10
303	303	LEARNING SCHOOL OR INDIVIDUALIZED LEARNING PROGRAM .11
304	304	(6) I
305	305	F THE INDIVIDUALIZED LEARNING PROGRAM AND THE PUBLIC12
306	306	SCHOOL PROVIDING THE IN -PERSON INSTRUCTION SCHEDULE ARE13
307	307	OPERATED BY:14
308	308	(a) S
309	309	EPARATE PUBLIC SCHOOLS , THE PUBLIC SCHOOLS SHALL15
310	310	AGREE IN WRITING ON THE TERMS FOR ASSIGNMENT OF STUDENTS ,16
311	311	FUNDING, AND ALL OTHER OPERATIONAL DETAILS OF THE SCHOOL 'S17
312	312	RELATIONSHIP; OR18
313	313	(b) T
314	314	HE SAME PUBLIC SCHOOL, THE PUBLIC SCHOOL SHALL ADOPT19
315	315	POLICIES AND APPOINT LEADERSHIP POSITIONS TO PROVIDE FOR THE20
316	316	APPROPRIATE INTEGRATION AND OPERATION OF THE INDIVIDUALIZED21
317	317	LEARNING PROGRAM.22
318	318	(7) T
319	319	HE PUBLIC SCHOOL ESTABLISHING, OR CHARTER AUTHORIZER23
320	320	APPROVING, AN INDIVIDUALIZED LEARNING PROGRAM OR INDIVIDUALIZED24
321	321	LEARNING SCHOOL SHALL PROVIDE THE DEPARTMENT WRITTEN NOTICE OF25
322	322	THE ESTABLISHMENT OR APPROVAL , THE EFFECTIVE DATE, AND THE26
323	323	INDIVIDUALIZED LEARNING SCHOOL 'S NAME OR THE NAME OF THE SCHOOL27
324	324	HB23-1188
325	325	-9- OPERATING, OR OPERATING IN CONJUNCTION WITH , AN INDIVIDUALIZED1
326	326	LEARNING PROGRAM.2
327	327	(8) A
328	328	N INDIVIDUALIZED LEARNING SCHOOL OR THE PUBLIC SCHOOL3
329	329	OPERATING AN INDIVIDUALIZED LEARNING PROGRAM IS SUBJECT TO4
330	330	C
331	331	OLORADO LAWS GOVERNING PUBLIC SCHOOLS , EXCEPT THOSE DIRECTLY5
332	332	CONTRARY TO THE PROVISIONS OF THIS ARTICLE 27.7 OR WAIVED.6
333	333	22-27.7-105. Individualized learning entity - enrollment.7
334	334	(1) A
335	335	N INDIVIDUALIZED LEARNING ENTITY SHALL BE OPEN FOR8
336	336	ENROLLMENT TO ANY STUDENT WITHIN A REASONABLE DISTANCE TO THE9
337	337	STUDENT'S RESIDENCE THAT PERMITS A STUDENT TO ATTEND SCHOOL IN10
338	338	PERSON ON A DAILY BASIS , IF NEEDED, AS DETERMINED BY THE11
339	339	INDIVIDUALIZED LEARNING ENTITY. AN INDIVIDUALIZED LEARNING ENTITY12
340	340	MAY GIVE PRIORITY TO STUDENTS RESIDING WITHIN THE SCHOOL DISTRICT13
341	341	WHERE THE INDIVIDUALIZED LEARNING ENTITY IS LOCATED .14
342	342	(2) (a) P
343	343	RIOR TO THE STUDENT 'S ENROLLMENT, THE15
344	344	INDIVIDUALIZED LEARNING ENTITY SHALL ADVISE THE STUDENT AND THE16
345	345	STUDENT'S PARENT OR LEGAL GUARDIAN THAT :17
346	346	(I) T
347	347	HE MIX OF INDIVIDUALIZED LEARNING ACTIVITIES AND18
348	348	IN-PERSON INSTRUCTION IS FLEXIBLE AND IS DEPENDENT UPON STUDENT19
349	349	AND PARENT CHOICE AND UPON THE STUDENT MAKING SATISFACTORY20
350	350	ACADEMIC PROGRESS IN INDIVIDUALIZED LEARNING ACTIVITIES ; AND21
351	351	(II) F
352	352	AILURE TO MAKE SATISFACTORY ACADEMIC PROGRESS IN22
353	353	INDIVIDUALIZED LEARNING ACTIVITIES MAY RESULT IN AN IN -PERSON23
354	354	INSTRUCTION SCHEDULE.24
355	355	(b) T
356	356	HE ADVISEMENT REQUIRED PURSUANT TO SUBSECTION (2)(a)25
357	357	OF THIS SECTION MUST BE PROVIDED IN WRITING TO THE STUDENT 'S26
358	358	PARENT OR LEGAL GUARDIAN AND ACKNOWLEDGED IN WRITING BY THE27
359	359	HB23-1188
360	360	-10- PARENT OR LEGAL GUARDIAN AND STUDENT , IF APPROPRIATE. THE1
361	361	ADVISEMENT MUST BE INCLUDED IN THE INDIVIDUALIZED LEARNING2
362	362	ENTITY'S INFORMATIONAL MATERIALS, SUCH AS THE STUDENT AND PARENT3
363	363	HANDBOOK AND THE INDIVIDUALIZED LEARNING ENTITY 'S WEBSITE. THE4
364	364	INDIVIDUAL LEARNING ENTITY SHALL MAKE REASONABLE EFFORTS TO5
365	365	ENABLE THE STUDENT'S PARENT OR LEGAL GUARDIAN TO REQUEST AND6
366	366	RECEIVE THE ADVISEMENT IN A LANGUAGE THAT THE PARENT OR LEGAL7
367	367	GUARDIAN IS FLUENT IN.8
368	368	(3) (a) A
369	369	N INDIVIDUALIZED LEARNING ENTITY MAY DENY9
370	370	ENROLLMENT TO A STUDENT IF THE STUDENT WAS ENROLLED IN ANOTHER10
371	371	INDIVIDUALIZED LEARNING ENTITY AND WAS INVOLUNTARILY ASSIGNED11
372	372	TO A FULL-TIME IN-PERSON INSTRUCTION SCHEDULE WITHIN THE CURRENT12
373	373	OR IMMEDIATELY PRECEDING SCHOOL YEAR .13
374	374	(b) N
375	375	OTWITHSTANDING SUBSECTION (3)(a) OF THIS SECTION, AN14
376	376	INDIVIDUALIZED LEARNING ENTITY MAY ENROLL A STUDENT ON A15
377	377	CASE-BY-CASE BASIS CONDITIONED UPON STUDENT AND PARENT16
378	378	ASSURANCES THAT ARE SATISFACTORY TO THE INDIVIDUALIZED LEARNING17
379	379	ENTITY.18
380	380	22-27.7-106. Individualized learning entity - requirements.19
381	381	(1) A
382	382	N INDIVIDUALIZED LEARNING ENTITY SHALL BE ACCESSIBLE TO ALL20
383	383	STUDENTS, INCLUDING STUDENTS WITH DISABILITIES.21
384	384	(2) A
385	385	N INDIVIDUALIZED LEARNING ENTITY SHALL ENSURE22
386	386	STUDENTS HAVE ACCESS TO ALL CURRICULA , COURSE CONTENT ,23
387	387	INSTRUCTIONAL MATERIALS, INDIVIDUALIZED LEARNING ACTIVITIES, AND24
388	388	ANY OTHER LEARNING RESOURCES THAT ARE IDENTIFIED IN THE STUDENT 'S25
389	389	WRITTEN LEARNING PLAN . THE MATERIALS MUST BE CONSISTENT IN26
390	390	QUALITY TO THOSE AVAILABLE IN OTHER PUBLIC SCHOOLS .27
391	391	HB23-1188
392	392	-11- (3) AN INDIVIDUALIZED LEARNING ENTITY MAY PURCHASE1
393	393	EDUCATIONAL SUPPLIES, MATERIALS, CURRICULA, AND EQUIPMENT FOR2
394	394	EACH STUDENT'S USE IN COURSES OR INDIVIDUALIZED LEARNING3
395	395	ACTIVITIES. ANY PURCHASE MUST:4
396	396	(a) B
397	397	E CONSISTENT WITH THE PUBLIC SCHOOL'S OTHER APPROVED5
398	398	EDUCATIONAL MATERIALS OR CURRICULA , IF ANY;6
399	399	(b) C
400	400	ONFORM TO APPLICABLE LAWS AND RULES ;7
401	401	(c) B
402	402	E MADE IN A MANNER CONSISTENT WITH PURCHASES FOR8
403	403	OTHER STUDENTS, IF ANY; AND9
404	404	(d) R
405	405	EMAIN THE PROPERTY OF THE SCHOOL DISTRICT OR PUBLIC10
406	406	SCHOOL AFTER A STUDENT COMPLETES OR EXITS THE INDIVIDUALIZED11
407	407	LEARNING ENTITY.12
408	408	(4) T
409	409	HE INDIVIDUALIZED LEARNING ENTITY SHALL INSTITUTE13
410	410	RELIABLE METHODS TO VERIFY THAT A STUDENT IS DOING THE STUDENT 'S14
411	411	OWN WORK. THE METHODS MAY INCLUDE PROCTORED EXAMINATIONS OR15
412	412	PROJECTS, THE USE OF WEB CAMERAS FOR DIRECT COMMUNICATION , OR16
413	413	OTHER TECHNOLOGIES.17
414	414	(5) W
415	415	HENEVER A NONRESIDENT STUDENT ENDS ENROLLMENT IN18
416	416	AN INDIVIDUALIZED LEARNING ENTITY BEFORE COMPLETING THE19
417	417	STUDENT'S COURSE OF INSTRUCTION , THE INDIVIDUALIZED LEARNING20
418	418	ENTITY SHALL NOTIFY THE STUDENT'S RESIDENT SCHOOL DISTRICT.21
419	419	(6) (a) A
420	420	N INDIVIDUALIZED LEARNING ENTITY MAY CONTRACT FOR22
421	421	THE PERFORMANCE OF A SERVICE, INCLUDING AN EDUCATIONAL SERVICE ,23
422	422	PURSUANT TO SECTION 22-32-122, PROVIDED THE INDIVIDUALIZED24
423	423	LEARNING ENTITY OPERATES SEPARATELY FROM THE CONTRACTED25
424	424	ENTITY. A PERSON ON THE INDIVIDUALIZED LEARNING ENTITY 'S26
425	425	GOVERNING BODY SHALL NOT HAVE A DIRECT OR INDIRECT FINANCIAL27
426	426	HB23-1188
427	427	-12- INTEREST IN THE CONTRACTED ENTITY PROVIDING THE EDUCATIONAL1
428	428	SERVICE.2
429	429	(b) A
430	430	LL EDUCATIONAL SERVICES MUST BE REAS ONABLY OVERSEEN3
431	431	BY A TEACHER EMPLOYED BY THE INDIVIDUALIZED LEARNING ENTITY WHO4
432	432	IS RESPONSIBLE FOR THE STUDENT. A CONTRACTED ENTITY MUST PROVIDE5
433	433	THE INDIVIDUALIZED LEARNING ENTITY WITH APPROPRIATE6
434	434	DOCUMENTATION OF THE EDUCATIONAL SERVICES PROVIDED .7
435	435	(c) A
436	436	N INDIVIDUALIZED LEARNING ENTITY MAY OFFER CREDIT FOR8
437	437	INDIVIDUAL ONLINE COURSES BUT SHALL NOT BE CONSIDERED AN ONLINE9
438	438	PROGRAM, AN ONLINE SCHOOL, OR A LEARNING CENTER, AS THOSE TERMS10
439	439	ARE DEFINED IN SECTION 22-30.7-102.11
440	440	(d) N
441	441	OTHING IN THIS ARTICLE 27.7 PREVENTS AN INDIVIDUALIZED12
442	442	LEARNING ENTITY FROM CONTRACTING WITH ANOTHER PUBLIC SCHOOL13
443	443	FOR EDUCATIONAL SERVICES OR RESTRICTS A STUDENT ENROLLED IN AN14
444	444	INDIVIDUALIZED LEARNING ENTITY FROM USING CONCURRENT15
445	445	ENROLLMENT OPTIONS PURSUANT TO THE "CONCURRENT ENROLLMENT16
446	446	P
447	447	ROGRAMS ACT", ARTICLE 35 OF THIS TITLE 22, IN HIGHER EDUCATION.17
448	448	(7) (a) A
449	449	TEACHER EMPLOYED BY THE INDIVIDUALIZED LEARNING18
450	450	ENTITY IS RESPONSIBLE AND ACCOUNTABLE FOR ALL INDIVIDUALIZED19
451	451	LEARNING ACTIVITIES ASSIGNED TO THAT TEACHER IN THE STUDENT 'S20
452	452	WRITTEN LEARNING PLAN, INCLUDING REQUIRED SUPERVISED LEARNING ,21
453	453	MONITORING, EVALUATION, AND DOCUMENTATION OF STUDENT PROGRESS .22
454	454	(b) T
455	455	HE INDIVIDUALIZED LEARNING ENTITY SHALL ASSIGN EACH23
456	456	STUDENT A DESIGNATED POINT OF CONTACT , WHICH MAY BE A TEACHER24
457	457	OR ADVISOR, WHO COORDINATES ALL INDIVIDUALIZED LEARNING25
458	458	ACTIVITIES.26
459	459	(c) E
460	460	ACH TEACHER SHALL MAINTAIN REGULAR WEEKLY OFFICE27
461	461	HB23-1188
462	462	-13- HOURS WHEN THE TEACHER IS AVAILABLE FOR SCHEDULED OR1
463	463	UNSCHEDULED DIRECT PERSONAL CONTACT INITIATED BY A STUDENT ,2
464	464	MENTOR, OR PARENT.3
465	465	(d) N
466	466	OTWITHSTANDING THE MONTHLY PROGRESS EVALUATIONS4
467	467	AND INTERVENTIONS OUTLINED IN SECTION 22-27.7-108, EACH TEACHER5
468	468	IS AUTHORIZED TO REQUIRE IN-PERSON INSTRUCTION AS NECESSARY TO6
469	469	PROPERLY SUPPORT THE STUDENT 'S LEARNING.7
470	470	(8) T
471	471	HE PUBLIC SCHOOL ENTITY PROVIDING INDIVIDUALIZED8
472	472	LEARNING HAS THE OBLIGATIONS AND POWERS RELATED TO STUDENT9
473	473	DISCIPLINARY OR RESTORATIVE PROCESSES AND STUDENT TRUANCY .10
474	474	22-27.7-107. Student's written learning plan - requirements.11
475	475	(1) A
476	476	N INDIVIDUALIZED LEARNING ENTITY SHALL DEVELOP A WRITTEN12
477	477	LEARNING PLAN FOR EACH STUDENT PARTICIPATING IN INDIVIDUALIZED13
478	478	LEARNING THAT IS DESIGNED TO MEET THE STUDENT 'S INDIVIDUAL14
479	479	EDUCATIONAL NEEDS AND PROVIDE EACH STUDENT WITH SUBSTANTIALLY15
480	480	SIMILAR EXPERIENCES AND SERVICES TO THOSE OF OTHER STUDENTS .16
481	481	(2) T
482	482	HE STUDENT'S WRITTEN LEARNING PLAN MUST BE DEVELOPED17
483	483	AND APPROVED BY A TEACHER WITH ASSISTANCE FROM THE STUDENT , THE18
484	484	STUDENT'S MENTOR, OR OTHER INTERESTED PARTIES, AS APPROPRIATE.19
485	485	(3) T
486	486	HE STUDENT'S WRITTEN LEARNING PLAN MUST INCLUDE :20
487	487	(a) A
488	488	DESCRIPTION OF EACH INDIVIDUALIZED LEARNING COURSE OR21
489	489	LEARNING ACTIVITY THE STUDENT WILL PARTICIPATE IN , INCLUDING22
490	490	SPECIFIC LEARNING GOALS, PERFORMANCE OBJECTIVES, AND ACTIVITIES23
491	491	FOR EACH COURSE, WRITTEN IN A MANNER THAT FACILITATES A MONTHLY24
492	492	EVALUATION OF THE STUDENT 'S PROGRESS. THE DESCRIPTION MUST25
493	493	CLEARLY IDENTIFY THE REQUIREMENTS A STUDENT MUST MEET TO26
494	494	SUCCESSFULLY COMPLETE THE COURSE OR COURSE WORK . THIS27
495	495	HB23-1188
496	496	-14- REQUIREMENT MAY BE MET WITH INDIVIDUAL COURSE SYLLABI OR OTHER1
497	497	SIMILARLY DETAILED DESCRIPTIONS OF THE LEARNING REQUIREMENTS .2
498	498	(b) A
499	499	N ESTIMATE OF THE AVERAGE NUMBER OF HOURS PER SC HOOL3
500	500	WEEK THE STUDENT WILL ENGAGE IN INDIVIDUALIZED LEARNING4
501	501	ACTIVITIES NECESSARY TO ACCOMPLISH THE LEARNING GOALS AND5
502	502	PERFORMANCE OBJECTIVES ;6
503	503	(c) T
504	504	HE TEACHER RESPONSIBLE FOR EACH INDIVIDUALIZED7
505	505	LEARNING COURSE OR LEARNING ACTIVITY ;8
506	506	(d) A
507	507	DESCRIPTION OF THE INSTRUCTIONAL MATERIALS NEEDED TO9
508	508	COMPLETE THE LEARNING PLAN FOR EACH INDIVIDUALIZED LEARNING10
509	509	COURSE OR LEARNING ACTIVITY;11
510	510	(e) A
511	511	DESCRIPTION OF THE TIMELINES AND METHODS FOR12
512	512	EVALUATING THE STUDENT 'S PROGRESS TOWARD ACHIEVING THE13
513	513	LEARNING GOALS AND PERFORMANCE OBJECTIVES ;14
514	514	(f) H
515	515	OW EACH COURSE MEETS THE STATE CONTENT STANDARDS OR15
516	516	GRADE LEVEL EXPECTATIONS AND ANY OTHER ACADEMIC GOALS ,16
517	517	OBJECTIVES, AND LEARNING REQUIREMENTS DEFINED BY THE PUBLIC17
518	518	SCHOOL;18
519	519	(g) T
520	520	HE ESTIMATED HOURS PER SEMESTER OF DIRECT PERSONAL19
521	521	CONTACT WITH STUDENTS ; THE NUMBER OF WEEKS PER SEMESTER ; AND20
522	522	THE TOTAL SEMESTER HOURS OF STUDENT COURSE WORK ; AND21
523	523	(h) A
524	524	STATEMENT THAT DIRECT PERSONAL CONTACT WITH THE22
525	525	STUDENT'S MENTOR IS REQUIRED FOR PURPOSES OF IMPROVING STUDENT23
526	526	LEARNING.24
527	527	(4) D
528	528	IRECT PERSONAL CONTACT BETWEEN TEACHERS AND25
529	529	STUDENTS MUST TAKE PLACE WITH THE FREQUENCY AND DURATION THAT26
530	530	EACH TEACHER REASONABLY DETERMINES IS NECESSARY FOR EACH27
531	531	HB23-1188
532	532	-15- STUDENT TO MEET THE STUDENT 'S WRITTEN LEARNING PLAN1
533	533	REQUIREMENTS AND, AT A MINIMUM, MUST TAKE PLACE AT LEAST ONCE2
534	534	PER SCHOOL WEEK. THE DIRECT PERSONAL CONTACT MUST BE :3
535	535	(a) F
536	536	OR THE PURPOSE OF INSTRUCTION, REVIEWING ASSIGNMENTS,4
537	537	TESTING, EVALUATION OF STUDENT PROGRESS , OR OTHER LEARNING5
538	538	ACTIVITIES OR REQUIREMENTS IDENTIFIED IN THE STUDENT 'S WRITTEN6
539	539	LEARNING PLAN; AND7
540	540	(b) R
541	541	ELATED TO INDIVIDUALIZED LEARNING COURSE WORK OR AN8
542	542	INDIVIDUALIZED LEARNING ACTIVITY IDENTIFIED IN THE STUDENT 'S9
543	543	WRITTEN LEARNING PLAN.10
544	544	(5) (a) F
545	545	OR PURPOSES OF THE PUPIL ENROLLMENT COUNT DAY , AS11
546	546	DEFINED IN SECTION 22-54-103 (10.5), TEACHERS SHALL DOCUMENT12
547	547	STUDENT AND MENTOR DIRECT PERSONAL CONTACT AND PROVIDE13
548	548	APPROPRIATE ESTIMATES OF STUDENT PARTICIPATION IN THE CURRICULUM14
549	549	ON SUCH DAY OR DAYS AS ARE RELIED UPON BY THE INDIVIDUALIZED15
550	550	LEARNING ENTITY TO DOCUMENT A PROPER STUDENT COUNT .16
551	551	(b) T
552	552	IME DOCUMENTED, INCLUDING APPROPRIATE ESTIMATES, FOR17
553	553	INDIVIDUALIZED LEARNING, INCLUDING ENROLLED COURSES OR ACTIVITIES18
554	554	WITH DOCUMENTED TIME EQUIVALENCIES , MUST BE COMBINED WITH TIME19
555	555	SPENT DURING IN-PERSON INSTRUCTION FOR PURPOSES OF STUDENT COUNT20
556	556	AUDITS.21
557	557	22-27.7-108. Monthly evaluation - continuation - intervention22
558	558	plan - scheduling. (1) Monthly progress evaluation. (a) A
559	559	TEACHER23
560	560	EMPLOYED BY THE INDIVIDUALIZED LEARNING ENTITY SHALL EVALUATE24
561	561	THE EDUCATIONAL PROGRESS OF EACH STUDENT AT LEAST ONCE A MONTH25
562	562	DURING THE STUDENT'S ENROLLMENT. THE RESULTS OF EACH EVALUATION26
563	563	MUST BE COMMUNICATED TO THE STUDENT , THE STUDENT'S MENTOR, AND27
564	564	HB23-1188
565	565	-16- THE STUDENT'S PARENT OR LEGAL GUARDIAN.1
566	566	(b) T
567	567	HE MONTHLY EVALUATION OF A STUDENT 'S EDUCATIONAL2
568	568	PROGRESS MUST:3
569	569	(I) B
570	570	E BASED ON THE LEARNING GOALS AND PERFORMANCE4
571	571	OBJECTIVES OUTLINED IN THE STUDENT 'S WRITTEN LEARNING PLAN ,5
572	572	STUDENT ENGAGEMENT , EVIDENCE OF THE STUDENT LEARNING THE6
573	573	REQUIRED CONCEPTS, AND THE STUDENT'S SUCCESSFUL COMPLETION OF A7
574	574	COURSE OR INDIVIDUALIZED LEARNING ACTIVITY, ALL IN THE REASONABLE8
575	575	PROFESSIONAL JUDGMENT OF THE TEACHER ;9
576	576	(II) B
577	577	E CONDUCTED IN A MANNER CONSISTENT WITH THE PUBLIC10
578	578	SCHOOL'S STUDENT EVALUATION OR GRADING PROCEDURES ; AND11
579	579	(III) I
580	580	NCLUDE DIRECT PERSONAL CONTACT BETWEEN THE TEACHER12
581	581	AND THE STUDENT; EXCEPT THAT DIRECT PERSONAL CONTACT IS NOT13
582	582	REQUIRED AS A PART OF THE EVALUATION CONDUCTED IN THE FINAL14
583	583	MONTH OF THE SCHOOL YEAR IF THE EVALUATION TAKES THE FORM OF THE15
584	584	DELIVERY OF FINAL GRADES TO THE STUDENT AND THE STUDENT 'S PARENT.16
585	585	(c) T
586	586	HE TEACHER SHALL IDENTIFY PROGRESS TOWARD , OR17
587	587	SATISFACTION OF, STATE CONTENT STANDARDS IN EACH INSTANCE WHEN18
588	588	THE LEARNING GOALS AND PERFORMANCE OBJECTIVES IDENTIFIED IN THE19
589	589	STUDENT'S WRITTEN LEARNING PLAN ADDRESS STATE CONTENT20
590	590	STANDARDS.21
591	591	(d) I
592	592	F THE MONTHLY EVALUATION IS NOT COMPLETED WITHIN THE22
593	593	CALENDAR MONTH BEING EVALUATED , THE EVALUATION MUST BE23
594	594	COMPLETED WITHIN FIVE SCHOOL DAYS AFTER THE END OF THE CALENDAR24
595	595	MONTH BEING EVALUATED .25
596	596	(2) Satisfactory progress. B
597	597	ASED ON THE MONTHLY PROGRESS26
598	598	EVALUATION, THE STUDENT'S TEACHER SHALL DETERMINE AND DOCUMENT27
599	599	HB23-1188
600	600	-17- WHETHER THE STUDENT IS MAKING SATISFACTORY PROGRESS TOWARD1
601	601	REACHING THE LEARNING GOALS AND PERFORMANCE OBJECTIVES2
602	602	IDENTIFIED IN THE STUDENT'S WRITTEN LEARNING PLAN. THE TEACHER3
603	603	MAY CONSIDER AND DOCUMENT NON -ACADEMIC FACTORS IN DETERMINING4
604	604	SATISFACTORY PROGRESS.5
605	605	(3) Intervention plan. (a) I
606	606	F IT IS DETERMINED THAT THE6
607	607	STUDENT FAILED TO MAKE SATISFACTORY PROGRESS OR FAILED TO7
608	608	FOLLOW THE STUDENT'S WRITTEN LEARNING PLAN, THE TEACHER SHALL8
609	609	DEVELOP AN INTERVENTION PLAN FOR THE STUDENT WITHIN FIVE SCHOOL9
610	610	DAYS AFTER THE DATE OF THE MONTHLY PROGRESS EVALUATION10
611	611	IDENTIFYING LESS-THAN-SATISFACTORY PROGRESS.11
612	612	(b) T
613	613	HE TEACHER SHALL INVOLVE THE STUDENT , THE STUDENT'S12
614	614	MENTOR, AND THE STUDENT'S PARENT OR LEGAL GUARDIAN , TO THE13
615	615	EXTENT PRACTICAL WITHIN THE TIME ALLOWED , IN DEVELOPING THE14
616	616	INTERVENTION PLAN, AND THE TEACHER MAY CONFER WITH THE STUDENT ,15
617	617	THE STUDENT'S MENTOR, AND THE STUDENT 'S PARENT OR LEGAL16
618	618	GUARDIAN TO CONSIDER MODIFICATIONS TO THE INTERVENTION PLAN .17
619	619	(c) A
620	620	T A MINIMUM, THE INTERVENTION PLAN MUST INCLUDE AT18
621	621	LEAST ONE OF THE FOLLOWING INTERVENTIONS :19
622	622	(I) I
623	623	NCREASING THE FREQUENCY OR DURATION OF THE STUDENT 'S20
624	624	CONTACT WITH THE TEACHER IN ORDER TO ENHANCE THE TEACHER 'S21
625	625	ABILITY TO IMPROVE THE STUDENT'S LEARNING;22
626	626	(II) M
627	627	ODIFYING THE MANNER OF CONTACT BETWEEN THE TEACHER23
628	628	AND THE STUDENT;24
629	629	(III) M
630	630	ODIFYING THE STUDENT 'S LEARNING GOALS OR25
631	631	PERFORMANCE OBJECTIVES IDENTIFIED IN THE STUDENT 'S WRITTEN26
632	632	LEARNING PLAN; OR27
633	633	HB23-1188
634	634	-18- (IV) MODIFYING THE NUMBER OR SCOPE OF COURSES OR THE1
635	635	COURSE CONTENT INCLUDED IN THE STUDENT 'S WRITTEN LEARNING PLAN.2
636	636	(d) A
637	637	N INTERVENTION PLAN IS NOT REQUIRED IF THE MONTHLY3
638	638	EVALUATION IS CONDUCTED WITHIN THE LAST FIVE SCHOOL DAYS OF THE4
639	639	SCHOOL YEAR.5
640	640	(4) (a) I
641	641	F THE STUDENT CONTINUES TO MAKE6
642	642	LESS-THAN-SATISFACTORY PROGRESS AFTER THREE CONSECUTIVE MONTHS7
643	643	DESPITE AN INTERVENTION PLAN, THE TEACHER SHALL, IN CONJUNCTION8
644	644	WITH THE STUDENT AND THE STUDENT 'S PARENT OR LEGAL GUARDIAN ,9
645	645	DEVELOP AND IMPLEMENT AN AMENDE D WRITTEN LEARNING PLAN THAT10
646	646	INCLUDES A COURSE OF STUDY DESIGNED TO MEET THE STUDENT 'S NEEDS11
647	647	MORE APPROPRIATELY.12
648	648	(b) A
649	649	STUDENT ASSIGNED TO AN IN -PERSON INSTRUCTION13
650	650	SCHEDULE MAY SUBSEQUENTLY BE ALLOWED TO PARTICIPATE IN14
651	651	INDIVIDUALIZED LEARNING ACTIVITIES TO AN APPROPRIATE DEGREE AT15
652	652	THE DISCRETION OF THE INDIVIDUALIZED LEARNING ENTITY WITH16
653	653	APPROVAL OF THE CHIEF ACADEMIC OFFICER .17
654	654	22-27.7-109. Chief academic officer - responsibilities. (1) T
655	655	HE18
656	656	INDIVIDUALIZED LEARNING PROVIDED AT AN INDIVIDUALIZED LEARNING19
657	657	ENTITY MUST BE OVERSEEN BY A CHIEF ACADEMIC OFFICER WHO IS20
658	658	APPOINTED BY THE INDIVIDUALIZED LEARNING ENTITY . THE CHIEF21
659	659	ACADEMIC OFFICER SHALL:22
660	660	(a) E
661	661	NSURE THAT TEACHERS AND CONTRACTED ENTITIES COMPLY23
662	662	WITH THIS ARTICLE 27.7 AND WITH INDIVIDUALIZED LEARNING POLICIES24
663	663	DEVELOPED BY THE INDIVIDUALIZED LEARNING ENTITY ;25
664	664	(b) C
665	665	OMPLETE AN ANNUAL EVALUATION OF TEACHER26
666	666	PERFORMANCE AS OTHERWISE REQUIRED BY LAW ;27
667	667	HB23-1188
668	668	-19- (c) COMPLETE AN ANNUAL REVIEW OF THE PERFORMANCE OF ANY1
669	669	CONTRACTED ENTITY THAT THE INDIVIDUALIZED LEARNING ENTITY2
670	670	ROUTINELY OR REPEATEDLY CONTRACTS WITH ; AND3
671	671	(d) C
672	672	OMPLETE ALL OTHER DUTIES PRESCRIBED BY THIS ARTICLE4
673	673	27.7
674	674	OR BY THE GOVERNING BODY OF THE INDIVIDUALIZED LEARNING5
675	675	ENTITY.6
676	676	(2) T
677	677	HE CHIEF ACADEMIC OFFICER MAY EXTEND ANY DEADLINES7
678	678	REQUIRED PURSUANT TO SECTIONS 22-27.7-107 AND 22-27.7-108 DUE TO8
679	679	A STUDENT'S OR TEACHER'S ILLNESS OR OTHER EXCUSED ABSENCE , AS9
680	680	DETERMINED BY THE INDIVIDUALIZED LEARNING ENTITY , PROVIDED THE10
681	681	CHIEF ACADEMIC OFFICER ENSURES THE PROMPT COMPLETION OF SUCH11
682	682	ACTIVITIES OR AN APPROPRIATE ALTERNATIVE TO TIMELY COMPLETION AS12
683	683	SOON AS PRACTICABLE. ANY EXTENSION OF A DEADLINE OR ALTERNATIVES13
684	684	MUST BE IN WRITING.14
685	685	22-27.7-110. Funding - repeal. (1) (a) F
686	686	OR THE 2023-24 AND15
687	687	2024-25
688	688	STATE FISCAL YEARS, AN INDIVIDUALIZED LEARNING SCHOOL OR16
689	689	AN INDIVIDUALIZED LEARNING PROGRAM MUST BE FUNDED IF THE SCHOOL17
690	690	OR PROGRAM IS IN COMPLIANCE WITH THIS ARTICLE 27.7 AND A STUDENT:18
691	691	(I) I
692	692	S ENROLLED IN AN INDIVIDUALIZED LEARNING SCHOOL OR AN19
693	693	INDIVIDUALIZED LEARNING PROGRAM THAT WAS OPERATING ON OR20
694	694	BEFORE THE EFFECTIVE DATE OF THIS ACT;21
695	695	(II) W
696	696	AS ENROLLED IN A PUBLIC SCHOOL THE PRECEDING22
697	697	ACADEMIC SCHOOL YEAR ;23
698	698	(III) W
699	699	AS NOT ENROLLED IN A PRIVATE SCHOOL OR PARTICIPATING24
700	700	IN A NONPUBLIC HOME-BASED EDUCATION PROGRAM THE PRECEDING25
701	701	SCHOOL YEAR; OR26
702	702	(IV) I
703	703	S ENROLLING FOR THE FIRST TIME AS A KINDERGARTEN OR27
704	704	HB23-1188
705	705	-20- FIRST-GRADE STUDENT OR HAS RECENTLY MOVED TO COLORADO AND IS1
706	706	ENROLLING FOR THE FIRST TIME AS A COLORADO RESIDENT IN ANY GRADE2
707	707	LEVEL.3
708	708	(b) T
709	709	HIS SUBSECTION (1) IS REPEALED, EFFECTIVE JULY 1, 2025.4
710	710	(2) B
711	711	EGINNING WITH THE 2025-26 STATE FISCAL YEAR, A STUDENT5
712	712	ENROLLED IN AN INDIVIDUALIZED LEARNING SCHOOL AND PUBLIC SCHOOL6
713	713	OFFERING AN INDIVIDUALIZED LEARNING PROGRAM MUST BE FUNDED7
714	714	PURSUANT TO THE "PUBLIC SCHOOL FINANCE ACT OF 1994", ARTICLE 548
715	715	OF THIS TITLE 22, IN THE MANNER AND TO THE DEGREE THAT APPLIES TO9
716	716	A STUDENT ENROLLED AS AN IN -PERSON STUDENT OF THE DISTRICT OR10
717	717	PUBLIC SCHOOL.11
718	718	(3) T
719	719	HE DEPARTMENT SHALL COUNT AND AUDIT THE COUNT OF AN12
720	720	INDIVIDUALIZED LEARNING ENTITY FOR :13
721	721	(a) D
722	722	OCUMENTATION OF PARTICIPATION IN THE PUPIL ENROLLMENT14
723	723	COUNT DAY, AS DEFINED IN SECTION 22-54-103 (10.5), PURSUANT TO15
724	724	SECTION 22-27.7-107 (5); AND16
725	725	(b) A
726	726	SUFFICIENT FALL SEMESTER SCHEDULE FOR FULL -TIME OR17
727	727	PART-TIME ENROLLMENT BASED ON THE INFORMATION REQUIRED BY18
728	728	SECTION 22-27.7-107 (3)(g).19
729	729	(4) H
730	730	OURS COUNTABLE TOWARD A SUFFICIENT SEMESTER20
731	731	SCHEDULE MAY INCLUDE UP TO TWENTY -FOUR HOURS OF DIRECT21
732	732	PERSONAL CONTACT BETWEEN TEACHERS AND MENTORS , INCLUDING22
733	733	STRUCTURED MENTOR ACTIVITIES .23
734	734	(5) A
735	735	N INDIVIDUALIZED LEARNING ENTITY SHALL DOCUMENT24
736	736	IN-PERSON ATTENDANCE , IN-PERSON LEARNING ACTIVITIES , AND25
737	737	APPROPRIATE PARTICIPATION IN ALL INDEPENDENT LEARNING ACTIVITIES .26
738	738	(6) C
739	739	OUNT AUDITS MUST TAKE PLACE UNDER THE SPECIFIC27
740	740	HB23-1188
741	741	-21- CRITERIA DEVELOPED BY THE DEPARTMENT . THE DEPARTMENT SHALL1
742	742	PROVIDE THE CRITERIA TO EACH INDIVIDUALIZED LEARNING ENTITY2
743	743	REASONABLY IN ADVANCE OF THE SCHOOL YEAR IN WHICH THE CRITERIA3
744	744	IS APPLICABLE.4
745	745	22-27.7-111. Independent study. N
746	746	OTHING IN THIS ARTICLE 27.75
747	747	PREVENTS ANY PUBLIC SCHOOL FROM PERMITTING A STUDENT TO ENGAGE6
748	748	IN AND RECEIVE CREDIT FOR INDEPENDENT STUDY AS OTHERWISE7
749	749	PERMITTED BY LAW.8
750	750	SECTION 2. In Colorado Revised Statutes, 22-30.5-106, amend9
751	751	(1)(r) and (1)(s)(IV)(D); and add (1)(t) as follows:10
752	752	22-30.5-106. Charter application - contents. (1) The charter11
753	753	school application is a proposed agreement upon which the charter12
754	754	applicant and the chartering local board of education negotiate a charter13
755	755	contract. At a minimum, each charter school application includes:14
756	756	(r) A dispute resolution process, as provided in section15
757	757	22-30.5-107.5; and
758	758	16
759	759	(s) If the proposed charter school intends to contract with an17
760	760	education management provider:18
761	761	(IV) A copy of the actual or proposed performance contract19
762	762	between the governing board for the proposed charter school and the20
763	763	education management provider that specifies, at a minimum, the21
764	764	following material terms:22
765	765	(D) The conditions for contract renewal and termination;
766	766	AND23
767	767	(t) A
768	768	STATEMENT OF WHETHER THE PROPOSED CHARTER SCHOOL24
769	769	PLANS TO OFFER AN INDIVIDUALIZED LEARNING PROGRAM OR BECOME AN25
770	770	INDIVIDUALIZED LEARNING SCHOOL PURSUANT TO ARTICLE 27.7 OF THIS26
771	771	TITLE 22.27
772	772	HB23-1188
773	773	-22- SECTION 3. Act subject to petition - effective date. This act1
774	774	takes effect at 12:01 a.m. on the day following the expiration of the2
775	775	ninety-day period after final adjournment of the general assembly; except3
776	776	that, if a referendum petition is filed pursuant to section 1 (3) of article V4
777	777	of the state constitution against this act or an item, section, or part of this5
778	778	act within such period, then the act, item, section, or part will not take6
779	779	effect unless approved by the people at the general election to be held in7
780	780	November 2024 and, in such case, will take effect on the date of the8
781	781	official declaration of the vote thereon by the governor.9
782	782	HB23-1188
783	783	-23-