Colorado House Bill HB1363 Latest Draft

                            Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
 
 
LLS NO. 24-0512.05 Jacob Baus x2173
HOUSE BILL 24-1363
House Committees Senate Committees
Education
A BILL FOR AN ACT
C
ONCERNING MEASURES TO ADDRESS CHARTER SCHOOL101
ACCOUNTABILITY.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 requires, when appointing members to a charter school's
governing body, that the appointing authority make reasonable efforts to
ensure that at least one-third of the board is comprised of parents or legal
guardians of students who are enrolled in the charter school and people
who reflect the demographics of the community where the charter school
is located.
HOUSE SPONSORSHIP
Garcia and Story,
SENATE SPONSORSHIP
Cutter,
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. The bill prohibits:
! Automatic waivers from being included in charter contracts
executed or renewed on or after July 1, 2024; and 
! A charter contract from waiving educator personnel
performance evaluation system requirements.
Under current law, a charter school is not required to pay rent for
school district facilities that are available, and an independent charter
school is not required to pay more than $12 in rent per year for a building
of a public school that is subject to conversion. The bill repeals this
provision.
The bill repeals a requirement that a school district prepare, and
provide upon request, a list of vacant or underused buildings and land to
the district charter schools, charter school applicants, and other interested
persons, and repeals the ability of a district charter school or charter
school applicant to apply to use the district building or land.
The bill requires information about laws and policies waived by
the charter school to be provided in plain and easy-to-understand
language on:
! A school district's enrollment website portal; and
! A charter school's website. Failure to satisfy this
requirement is grounds for revocation or nonrenewal of the
charter contract.
The bill requires a charter school to publicly report on its website
its unredacted federal form 990 and an unredacted copy of any form
including revenue and expenses related to marketing and student
recruitment, except for redactions required to protect personal or
confidential information.
The bill requires a charter school application or renewal to include:
! Descriptions of educational services that the applicant will
provide that meet the unmet needs of the students in the
community where the charter school is located and, in a
charter renewal application, information concerning the
progress and results in satisfying this purpose; and
! Its annual minimum pupil enrollment requirement. Failure
to satisfy this requirement is grounds for revocation or
nonrenewal of the charter contract.
Under current law, certain local board of education (local board)
decisions may be appealed to the state board of education (state board).
The state board may remand a decision to the local board for
reconsideration. If the local board's decision remains unchanged, that
decision may be appealed to the state board again. The state board's
decision is then the final decision. The bill repeals the second remand to
the state board, so that the local board's final decision ends the appeal
process.
The bill creates a process for community members to appeal a
HB24-1363
-2- local board's decision to approve a charter application.
Under current law, a local board is prohibited from imposing a
moratorium on the approval of district charter schools. The bill creates an
exception for a school district whose pupil enrollment is less than the
immediately preceding budget year or is projected to decline over the next
3 budget years.
The bill allows a local board to revoke or not renew a district
charter school charter because of the school district's declining pupil
enrollment or the district charter school's declining enrollment. The
charter school may appeal the decision.
Under current law, a district accountability committee is required
to review a charter school application. The bill requires a district
accountability committee to also review a charter school renewal
application.
The bill prohibits a charter school governing board member or
leader from engaging in activity or having any financial interest that
might result in a conflict of interest between the board member's or
leader's charter school duties and personal or financial interest.
Under current law, as a part of a charter school contract, the school
district and charter school negotiate funding. A school district may retain
the actual amount of the charter school's per pupil share of central
administrative overhead costs for services provided to the charter school,
up to 5% of the district per pupil revenues for each pupil enrolled in a
charter school. The bill requires the school district to retain the costs,
including any costs that are otherwise not reimbursed for special
education services provided to the charter school, and repeals the 5% cap.
Under current law, the department of education is required to
submit an annual report to the governor and the house of representatives
and senate education committees concerning charter schools. The bill
requires the report to include data concerning attrition rates for charter
school student enrollment and teacher and administration employment.
Current law generally requires school districts and boards of
cooperative services to evaluate the performance of their licensed
personnel. The bill requires an evaluation of all personnel, including at
institute charter schools, regardless of whether the person is licensed.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 22-30.5-103, amend2
(1.5) introductory portion, (1.5)(b), (1.5)(c), and (4); and add (1.5)(d) as3
follows:4
22-30.5-103.  Definitions. As used in this part 1, unless the5
HB24-1363-3- context otherwise requires:1
(1.5)  "Automatic waiver" means the A waiver of a state statute or2
state board rule:3
(b)  That is available to each charter school, including an institute4
charter school, and is valid for the initial, or subsequent renewal, term of5
the charter contract; and6
(c)  For which a charter school, including an institute charter7
school, is not required to submit a statement that specifies the manner in8
which the charter school intends to comply with the intent of the9
automatically waived state statute or state board rule; 
AND10
(d)  I
S VALID ONLY FOR A CHARTER SCHOOL , INCLUDING AN11
INSTITUTE CHARTER SCHOOL, WHOSE CURRENT CHARTER CONTRACT WAS12
EXECUTED OR RENEWED ON OR BEFORE JUNE 30, 2024.13
(4)  "Local board of education" 
OR "LOCAL BOARD" means the14
school district board of education.15
SECTION 2. In Colorado Revised Statutes, 22-30.5-104, amend16
(6)(a), (6)(b), (6)(c)(VIII), (6)(c)(IX), (7)(c), and (7)(e); repeal (7.5); and17
add (4)(c), (6)(c)(X), (6)(e), (14), and (15) as follows:18
22-30.5-104.  Charter school - requirements - authority - rules19
- definitions - repeal. (4) (c) (I)  B
EGINNING JULY 1, 2024, WHEN MAKING20
APPOINTMENTS TO THE GOVERNING BODY , THE APPOINTING AUTHORITY21
SHALL MAKE REASONABLE EFFORTS TO APPOINT MEMBERS TO ENSURE22
THAT AT LEAST ONE-THIRD OF THE GOVERNING BODY IS COMPRISED OF23
PARENTS OR LEGAL GUARDIANS OF STUDENTS WHO ARE ENROLLED IN THE24
CHARTER SCHOOL AND THE WHOLE GOVERNING BODY REFLECTS THE25
DEMOGRAPHICS OF THE COMMUNITY WHERE THE CHARTER SCHOOL IS26
LOCATED.27
HB24-1363
-4- (II)  BEGINNING JULY 1, 2024, IF AT LEAST ONE-THIRD OF THE1
GOVERNING BODY IS NOT COMPRISED OF PARENTS OR LEGAL GUARDIANS2
OF STUDENTS WHO ARE ENROLLED IN THE CHARTER SCHOOL OR THE3
WHOLE GOVERNING BODY DOES NOT REFLECT THE DEMOGRAPHICS OF THE4
COMMUNITY WHERE THE CHARTER SCHOOL IS LOCATED , THE APPOINTING5
AUTHORITY SHALL SUBMIT A LETTER TO THE LOCAL BOARD THAT6
EXPLAINS THE REASON.7
(6) (a)  Pursuant to contract, a charter school may operate free8
from specified school district policies and free from state rules, as9
provided in paragraph (b) of this subsection (6) SUBSECTION (6)(b) OF10
THIS SECTION. Pursuant to contract, a local board of education may waive11
locally imposed school district requirements, without seeking approval of12
the state board; except that a charter school shall not, by contract or13
otherwise, operate free of the requirements contained in the "Public14
School Finance Act of 1994", article 54 of this title TITLE 22; the15
requirements specified in part 4 of article 11 of this title TITLE 2216
concerning school accountability committees; or the requirements17
contained in the "Children's Internet Protection Act", article 87 of this18
title TITLE 22. FOR CHARTER CONTRACTS THAT ARE EXECUTED OR19
RENEWED ON OR AFTER JULY 1, 2024, THE CHARTER SCHOOL SHALL NOT ,20
BY CONTRACT OR OTHERWISE , OPERATE FREE OF THE EDUCATION21
PERSONNEL PERFORMANCE EVALUATION SYSTEM REQUIREMENTS22
CONTAINED IN ARTICLE 9 OF THIS TITLE 22.23
(b) (I)  The state board shall promulgate rules that list the24
automatic waivers 
APPLICABLE ONLY for all
 charter schools WHOSE25
CURRENT CHARTER CONTRACT WAS EXECUTED OR RENEWED ON OR26
BEFORE JUNE 30, 2024. In promulgating the list of automatic waivers, the27
HB24-1363
-5- state board shall consider the overall impact and complexity of the1
requirements specified in the statute and the potential consequences that2
waiving the statute may have on the practices of a charter school. In3
accordance with its rule-making authority, the state board may review the4
list of automatic waivers at its discretion. Notwithstanding any provision5
of this subsection (6)(b) to the contrary, the state board shall not include6
the following statutes on the list of automatic waivers:7
(I) (A)  Section 22-9-106, concerning the performance evaluation8
system for licensed EDUCATION personnel;9
(I.5) (B)  Section 22-32-109 (1)(b), concerning procedures for10
competitive bidding in the purchase of goods and services, except11
professional services;12
(II) (C)  Section 22-32-109 (1)(n), concerning the annual school13
calendar and teacher-pupil contact hours;14
(II.5) (D)  Section 22-32-110 (1)(y), concerning the power to15
accept and expend gifts, donations, or grants; and16
(III) (E)  Part 2 of article 63 of this title 22, concerning the17
employment of licensed EDUCATION personnel.18
(II)  T
HIS SUBSECTION (6)(b) IS REPEALED, EFFECTIVE JULY 1, 2024.19
(c)  A school district, on behalf of a charter school, may apply to20
the state board for a waiver of a state statute or state rule that is not an21
automatic waiver. Notwithstanding any provision of this subsection (6)22
to the contrary, the state board may not waive any statute or rule relating23
to:24
(VIII)  Section 22-33-106.1 concerning suspension and expulsion25
of students in preschool through second grade; or
26
(IX)  Subsection (3) of this section and sections 22-32-110 (1)(k)27
HB24-1363
-6- and 22-63-206 (1) relating to discrimination based on hair texture, hair1
type, or a protective hairstyle that is commonly or historically associated2
with race; 
OR3
(X)  E
DUCATION PERSONNEL PERFORMANCE EVALUATION SYSTEM4
REQUIREMENTS CONTAINED IN ARTICLE 9 OF THIS TITLE 22.5
(e) (I)  A
N AUTOMATIC WAIVER INVOKED BY A CHARTER SCHOOL6
WHOSE CHARTER CONTRACT WAS EXECUTED OR RENEWED ON OR BEFORE7
J
UNE 30, 2024, IS VALID UNTIL THE CHARTER CONTRACT EXPIRES . A8
CHARTER SCHOOL WHOSE CHARTER CONTRACT WAS EXECUTED OR9
RENEWED ON OR BEFORE JUNE 30, 2024, IS INELIGIBLE TO INVOKE ANY10
AUTOMATIC WAIVER UPON A CHARTER SCHOOL RENEWAL APPLICATION11
SUBMITTED OR CHARTER CONTRACT RENEWAL OCCURRING ON OR AFTER12
J
ULY 1, 2024.13
(II)  A
N AUTOMATIC WAIVER TERM INCLUDED IN A CHARTER14
CONTRACT EXECUTED OR RENEWED ON OR AFTER JULY 1, 2024, IS NULL15
AND VOID AS AGAINST PUBLIC POLICY AND IS UNENFORCEABLE . THIS16
SUBSECTION (6)(e)(II) DOES NOT PROHIBIT A CHARTER SCHOOL FROM17
OPERATING FREE FROM SPECIFIED STATE STATUTES , STATE BOARD RULES,18
OR SCHOOL DISTRICT POLICIES, AS PROVIDED PURSUANT TO THIS SECTION.19
(7) (c)  In no event shall a charter school be required to pay rent
20
for space which is deemed available, as negotiated by contract, in school21
district facilities. All other RENT FOR SCHOOL DISTRICT FACILITIES, AND22
ALL OTHER costs for the operation and maintenance of the facilities used23
by the charter school, shall be ARE subject to negotiation between the24
charter school and the school district.25
(e)  Notwithstanding the provisions of paragraphs (b) and (c) of26
this subsection (7) or the provisions of subsection (7.5) of this section27
HB24-1363
-7- SUBSECTIONS (7)(b) AND (7)(c) OF THIS SECTION, a school district that has1
space in district facilities that is unoccupied may sell the facilities or use2
the facilities for a different purpose and is not required to maintain3
ownership of the facilities for potential use by a charter school.4
(7.5) (a)  No later than November 1, 2016, and no later than5
November 1 each year thereafter, each school district that authorizes a6
charter school and that has or is expecting to have one or more vacant or7
underused buildings or vacant or underused land available during the next8
school year shall prepare a list of the vacant or underused buildings and9
land and provide the list, upon request, to charter schools authorized by10
the school district, charter school applicants, and other interested persons.11
The school district shall also post on its website a notice that the list of12
underused and vacant buildings and land is available to interested persons13
upon request. The school district must provide the list within two school14
days after receiving a request. No later than forty-five days after the15
school district posts the availability of the list or after receiving the list,16
whichever is later, a charter school of the school district or charter17
applicant may apply to the school district to use the building or the school18
district land as the location for the charter school. The local board of19
education shall review each application for use and, in a public meeting20
held no later than ninety days after the school district posts the availability21
of the list, approve or disapprove each application for use of the building22
or school district land. If the local board of education disapproves an23
application for use, it must explain at the public meeting and provide in24
writing to the applicant the reasons for disapproval.25
(b)  For purposes of this subsection (7.5), a building is considered26
underused if it has unused capacity to accommodate two hundred fifty27
HB24-1363
-8- students or more.1
(14) (a)  B
EGINNING JULY 1, 2024, A SCHOOL DISTRICT THAT2
AUTHORIZES A CHARTER SCHOOL SHALL IMPLEMENT A FUNCTION ON ITS3
ENROLLMENT WEBSITE PORTAL THAT PROVIDES INFORMATION ABOUT THE4
CHARTER SCHOOL SELECTED BY A PARENT OR LEGAL GUARDIAN AND5
REQUIRES THE PARENT OR LEGAL GUARDIAN TO CONFIRM6
ACKNOWLEDGMENT OF RECEIPT OF THE INFORMATION PRIOR TO7
APPLICATION SUBMISSION AND ENROLLMENT CONFIRMATION IN THE8
CHARTER SCHOOL. THE INFORMATION PROVIDED ABOUT THE CHARTER9
SCHOOL MUST INCLUDE AN ITEMIZED LIST OF CITATIONS TO AND10
DESCRIPTIONS OF:11
(I)  S
TATE STATUTES AND STATE BOARD RULES WAIVED BY THE12
CHARTER SCHOOL; AND13
(II)  S
CHOOL DISTRICT POLICIES FROM WHICH THE CHARTER SC HOOL14
IS RELEASED.15
(b)  B
EGINNING JULY 1, 2024, A CHARTER SCHOOL SHALL POST AND16
MAINTAIN ON ITS WEBSITE AN ITEMIZED LIST OF CITATIONS TO AND17
DESCRIPTIONS OF:18
(I)  S
TATE STATUTES AND STATE BOARD RULES WAIVED BY THE19
CHARTER SCHOOL; AND20
(II)  S
CHOOL DISTRICT POLICIES FROM WHICH THE CHARTER SC HOOL21
IS RELEASED.22
(c)  T
HE INFORMATION PROVIDED IN SUBSECTIONS (14)(a) AND23
(14)(b) 
OF THIS SECTION MUST BE IN PLAIN AND EASY -TO-UNDERSTAND24
LANGUAGE.25
(15)  E
ACH CHARTER SCHOOL THAT IS REQUIRED TO ORGANIZE AS26
A NONPROFIT CORPORATION PURSUANT TO SUBSECTION (4) OF THIS27
HB24-1363
-9- SECTION OR SECTION 22-30.5-507 (4) SHALL POST AN UNREDACTED COPY1
OF ITS FEDERAL FORM 990, OR AN EQUIVALENT FORM , AND AN2
UNREDACTED COPY OF ANY FORM INCLUDING REVENUE AND EXPENSES3
RELATED TO MARKETING AND STUDENT RECRUITMENT ON THE CHARTER4
SCHOOL'S PUBLIC WEBSITE IN A FREE DOWNLOADABLE FORMAT ; EXCEPT5
THAT THE CHARTER SCHOOL SHALL REDACT ANY PERSONALLY6
IDENTIFIABLE OR CONFIDENTIAL INFORMATION THAT IS PROTECTED7
PURSUANT TO FEDERAL OR STATE LAW .8
SECTION 3. In Colorado Revised Statutes, 22-30.5-105, amend9
(3) as follows:10
22-30.5-105.  Charter schools - contract contents - regulations.11
(3) (a)  A FOR A CHARTER SCHOOL WHOSE CHARTER CONTRACT WAS12
EXECUTED OR RENEWED ON OR BEFORE JUNE 30, 2024, THE contract13
between a charter school and the chartering local board of education shall14
MUST reflect all requests for release of the charter school from state15
statutes and state board rules that are not automatic waivers and a list of16
the automatic waivers that the charter school is invoking. Within ten days17
after the contract is approved by the chartering local board of education,18
the chartering local board of education shall deliver to the state board any19
request for waiver of state statutes and state board rules that are not20
automatic waivers. The chartering local board of education shall request21
the release by submitting a complete copy of the signed charter contract.22
Within forty-five days after a request for release is received by the state23
board, the state board shall either grant or deny the request. If the state24
board grants the request, it may orally notify the chartering local board of25
education and the charter school of its decision. If the state board denies26
the request, it shall MUST notify the chartering local board of education27
HB24-1363
-10- and the charter school in writing that the request is denied and specify the1
reasons for denial. If the chartering local board of education and the2
charter school do not receive notice of the state board's decision within3
forty-five days after submittal of the request for release, the request shall4
be IS deemed granted. If the state board denies a request for release that5
includes multiple state statutes or state board rules, the denial shall MUST6
specify the state statutes and state board rules for which the release is7
denied, and the denial shall apply APPLIES only to those SPECIFIED state8
statutes and state board rules. so specified.9
(b)  F
OR A CHARTER CONTRACT EXECUTED OR RENEWED ON OR10
AFTER JULY 1, 2024, THE CONTRACT BETWEEN A CHARTER SCHOOL AND11
THE CHARTERING LOCAL BOARD OF EDUCATION MUST REFLECT ALL12
REQUESTS FOR RELEASE OF THE CHARTER SCHOOL FROM STATE STATUTES13
AND STATE BOARD RULES . WITHIN TEN DAYS AFTER THE CONTRACT IS14
APPROVED BY THE CHARTERING LOCAL BOARD OF EDUCATION , THE15
CHARTERING LOCAL BOARD OF EDUCATION SHALL DELIVER TO THE STATE16
BOARD ANY REQUEST RECEIVED FOR WAIVER OF STATE STATUTES AND17
STATE BOARD RULES. THE CHARTERING LOCAL BOARD OF EDUCATION18
SHALL REQUEST THE RELEASE BY SUBMITTING A COMPLETE COPY OF THE19
SIGNED CHARTER CONTRACT. WITHIN FORTY-FIVE DAYS AFTER A REQUEST20
FOR RELEASE IS RECEIVED BY THE STATE BOARD, THE STATE BOARD SHALL21
EITHER GRANT OR DENY THE REQUEST . IF THE STATE BOARD GRANTS THE22
REQUEST, IT MAY ORALLY NOTIFY THE CHARTERING LOCAL BOARD OF23
EDUCATION AND THE CHARTER SCHOOL OF ITS DECISION . IF THE STATE24
BOARD DENIES THE REQUEST , IT MUST NOTIFY THE CHARTERING LOCAL25
BOARD OF EDUCATION AND THE CHARTER SCHOOL IN WRITING THAT THE26
REQUEST IS DENIED AND SPECIFY THE REASONS FOR DENIAL . IF THE27
HB24-1363
-11- CHARTERING LOCAL BOARD OF EDUCATION AND THE CHARTER SCHOOL DO1
NOT RECEIVE NOTICE OF THE STATE BOARD'S DECISION WITHIN FORTY-FIVE2
DAYS AFTER SUBMITTAL OF THE REQUEST FOR RELEASE , THE REQUEST IS3
DEEMED GRANTED. IF THE STATE BOARD DENIES A REQUEST FOR RELEASE4
THAT INCLUDES MULTIPLE STATE STATUTES OR STATE BOARD RULES , THE5
DENIAL MUST SPECIFY THE STATE STATUTES AND STATE BOARD RULES FOR6
WHICH THE RELEASE IS DENIED, AND THE DENIAL APPLIES ONLY TO THOSE7
SPECIFIED STATE STATUTES AND STATE BOARD RULES .8
SECTION 4. In Colorado Revised Statutes, 22-30.5-106, add9
(1)(f.5) and (1)(l.5) 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
(f.5)  D
ESCRIPTIONS OF EDUCATIONAL SERVICES THAT THE15
PROPOSED CHARTER SCHOOL WILL PROVIDE , WHICH MUST SPECIFICALLY16
ADDRESS SERVING UNMET NEEDS, AS IDENTIFIED BY THE SCHOOL DISTRICT,17
OF THE STUDENTS IN THE COMMUNITY WHERE THE CHARTER SCHOOL IS18
LOCATED;19
(l.5)  T
HE PROPOSED CHARTER SCHOOL 'S ANNUAL MINIMUM PUPIL20
ENROLLMENT REQUIREMENT ;21
SECTION 5. In Colorado Revised Statutes, 22-30.5-108, amend22
(3) introductory portion, (3)(a), (3)(c), and (3.5); repeal (3)(d); and add23
(4.5) as follows:24
22-30.5-108.  Appeal - standard of review - procedures - rules.25
(3)  If the notice of appeal, or the motion to review by the state board,26
relates to a local board's decision to deny a charter application or to refuse27
HB24-1363
-12- to renew or to revoke a charter, or to a local board's unilateral imposition1
of conditions that are unacceptable to the charter applicant or the charter2
school, the appeal and review process shall be IS as follows:3
(a)  Within sixty days after receipt of the notice of appeal or the4
making of a motion to review by the state board and after reasonable5
public notice, the state board shall review the decision of the local board6
of education and make its findings. If the state board finds that the local7
board's decision was contrary to the best interests of the pupils, school8
district, or community, the state board shall remand such THE decision to9
the local board of education with written instructions for reconsideration.10
thereof. Said THE instructions shall MUST include specific11
recommendations concerning the matters requiring reconsideration.12
(c)  Following the remand, 
THE LOCAL BOARD OF EDUCATION 'S13
FINAL DECISION IS NOT SUBJECT TO APPEAL if the local board of14
education's final decision is still to:15
(I)  Deny a charter application or to unilaterally impose the16
condition on a charter applicant; or if the local board of education's final
17
decision is still to18
(II)  Refuse to renew or to revoke a charter; or19
(III)  to Unilaterally impose conditions unacceptable to the charter20
school. a second notice of appeal may be filed with the state board within21
thirty days following such final decision.22
(d)  Within thirty days following receipt of the second notice of23
appeal or the making of a motion for a second review by the state board24
and after reasonable public notice, the state board, at a public hearing,25
shall determine whether the final decision of the local board of education26
was contrary to the best interests of the pupils, school district, or27
HB24-1363
-13- community. If such a finding is made, the state board shall remand such1
final decision to the local board with instructions to approve the charter2
application, or to renew or reinstate the charter or to approve or3
disapprove the conditions imposed on the charter applicant or the charter4
school. The decision of the state board shall be final and not subject to5
appeal.6
(3.5)  In lieu of a first AN appeal to the state board pursuant to7
paragraph (a) of subsection (3) SUBSECTION (3)(a) of this section, the8
parties may agree to facilitation. Within thirty days after denial of a9
charter application, or nonrenewal or revocation of a charter, or unilateral10
imposition of conditions on a charter applicant or a charter school by the11
local board of education, the parties may file a notice of facilitation with12
the state board. The parties may continue in facilitation as long as both13
parties agree to its continued use. If one party subsequently rejects14
facilitation, and such THE rejection is not reconsidered within seven days,15
the local board of education shall reconsider its denial of a charter16
application, or nonrenewal or revocation of a charter, OR UNILATERAL17
IMPOSITION OF CONDITIONS ON A CHARTER APPLICANT OR A CHARTER18
SCHOOL and make a final decision as provided in paragraph (b) of19
subsection (3) SUBSECTION (3)(b) of this section. The charter applicant20
may file a notice of appeal with the state board as provided in paragraph21
(c) of subsection (3) of this section within thirty days after a local board22
of education's final decision to deny a charter application, to refuse to23
renew or to revoke a charter, or to unilaterally impose conditions on a24
charter applicant or a charter school.25
(4.5) (a)  I
F THE NOTICE OF APPEAL, OR THE MOTION TO REVIEW BY26
THE STATE BOARD, RELATES TO A LOCAL BOARD DECISION TO GRANT A27
HB24-1363
-14- CHARTER, THE APPEAL AND REVIEW PROCESS IS AS FOLLOWS :1
(I)  W
ITHIN SIXTY DAYS AFTER RECEIPT OF THE NOTICE OF APPEAL2
OR THE MAKING OF A MOTION TO REVIEW BY THE STATE BOARD , AND3
AFTER REASONABLE PUBLIC NOTICE , THE STATE BOARD, AT A PUBLIC4
HEARING THAT MAY BE HELD IN THE DISTRICT WHERE THE PROPOSED5
CHARTER SCHOOL HAS APPLIED FOR A CHARTER , SHALL REVIEW THE6
DECISION OF THE LOCAL BOARD AND DETERMINE WHETHER THE DECISION7
TO GRANT THE CHARTER APPLICATION WAS ARBITRARY AND CAPRICIOUS8
OR WHETHER THE ESTABLISHMENT OR OPERATION OF THE PROPOSED9
CHARTER SCHOOL WOULD :10
(A)  V
IOLATE A FEDERAL OR STATE LAW CONCERNING CIVIL11
RIGHTS; OR12
(B)  V
IOLATE A COURT ORDER; AND13
(II)  I
F THE STATE BOARD DETERMINES THE CHARTER APPLICATION14
SHOULD BE DENIED PURSUANT TO SUBSECTION (4.5)(a)(I) OF THIS SECTION,15
THE STATE BOARD SHALL REMAND THE DECISION TO THE LOCAL BOARD16
WITH INSTRUCTIONS TO DENY THE CHARTER APPLICATION . THE STATE17
BOARD'S DECISION IS FINAL AND NOT SUBJECT TO APPEAL.18
(b)  A
NY PERSON WHO RESIDES IN THE GEOGRAPHIC BOUNDARIES19
OF THE SCHOOL DISTRICT WHERE THE LOCAL BOARD DECIDES TO GRANT A20
CHARTER MAY APPEAL THE DECISION PURSUANT TO THIS SUBSECTION21
(4.5).22
(c)  T
HE STATE BOARD OF EDUCATION MAY PROMULGATE RULES AS23
MAY BE NECESSARY TO IMPLEMENT THIS SUBSECTION (4.5).24
SECTION 6. In Colorado Revised Statutes, 22-30.5-109, amend25
(8); and add (9) as follows:26
22-30.5-109.  Charter schools - reporting - publicizing - limits27
HB24-1363
-15- on enrollment - moratorium - closure - definition. (8)  The local board1
of education of a school district shall not impose a moratorium on the2
approval of charter applications for charter schools within the school3
district; 
EXCEPT THAT A LOCAL BOARD MAY IMPOSE A MORATORIUM ON4
THE APPROVAL OF CHARTER APPLICATIONS FOR CHARTER SC HOOLS WITHIN5
THE SCHOOL DISTRICT IF THE SCHOOL DISTRICT 'S PUPIL ENROLLMENT IS6
LESS THAN THE SCHOOL DISTRICT 'S PUPIL ENROLLMENT FROM THE7
IMMEDIATELY PRECEDING BUDGET YEAR OR IS PROJECTED TO DECLINE8
OVER THE SUBSEQUENT THREE BUDGET YEARS .9
(9)  F
OR PURPOSES OF THIS SECTION , UNLESS THE CONTEXT10
OTHERWISE REQUIRES, "PUPIL ENROLLMENT" HAS THE SAME MEANING SET11
FORTH IN SECTION 22-54-103.12
SECTION 7. In Colorado Revised Statutes, 22-30.5-110, amend13
(2) introductory portion, (2)(a), and (3); and add (2)(a.5) and (2.5) as14
follows:15
22-30.5-110.  Charter schools - term - renewal of charter -16
grounds for nonrenewal or revocation. (2)  A charter school renewal17
application submitted to the chartering local board of education shall
18
MUST contain:19
(a)  A report on the progress of the charter school in achieving the20
goals, objectives, pupil performance standards, content standards, targets21
for the measures used to determine the levels of attainment of the22
performance indicators, and other terms of the charter contract and the23
results achieved by the charter school's students on the assessments24
administered through the Colorado student assessment program. T
HE25
REPORT MUST ALSO CONTAIN INFORMATION CONCERNING THE26
EDUCATIONAL SERVICES THAT THE CHARTER SCHOOL PROVIDES AND THE27
HB24-1363
-16- PROGRESS AND RESULTS OF THE CHARTER SCHOOL IN SERVING , THROUGH1
THE EDUCATIONAL SERVICES , UNMET NEEDS, AS IDENTIFIED BY THE2
SCHOOL DISTRICT, OF THE STUDENTS IN THE COMMUNITY WHERE THE3
CHARTER SCHOOL IS LOCATED.4
(a.5)  F
OR A CHARTER SCHOOL RENEWAL APPLICATION SUBJECT TO5
APPROVAL ON OR AFTER JULY 1, 2024, ALL REQUESTS FOR RELEASE OF THE6
CHARTER SCHOOL FROM STATE STATUTES AND STATE BOARD RULES ;7
(2.5) (a)  W
ITHIN FIFTEEN DAYS AFTER RECEIVING A CHARTER8
SCHOOL RENEWAL APPLICATION , THE SCHOOL DISTRICT SHALL DETERMINE9
WHETHER THE APPLICATION CONTAINS THE MINIMUM COMPONENTS10
SPECIFIED IN SUBSECTION (2) OF THIS SECTION AND IS THEREFORE11
COMPLETE. IF THE APPLICATION IS INCOMPLETE, THE SCHOOL DISTRICT12
SHALL NOTIFY THE CHARTER APPLICANT WITHIN THE FIFTEEN -DAY PERIOD13
AND PROVIDE A LIST OF THE INFORMATION REQUIRED TO COMPLETE THE14
APPLICATION. THE APPLICANT HAS FIFTEEN DAYS AFTER THE DATE THAT15
THE APPLICANT RECEIVES THE NOTICE TO PROVIDE THE REQUIRED16
INFORMATION TO THE LOCAL BOARD OF EDUCATION FOR REVIEW . THE17
LOCAL BOARD OF EDUCATION IS NOT REQUIRED TO TAKE ACTION ON THE18
APPLICATION IF THE APPLICANT DOES NOT PROVIDE THE REQUIRED19
INFORMATION WITHIN THE FIFTEEN -DAY PERIOD. THE SCHOOL DISTRICT20
MAY REQUEST ADDITIONAL INFORMATION DURING THE REVIEW PERIOD21
AND PROVIDE REASONABLE TIME FOR THE APPLICANT TO RESPOND . THE22
SCHOOL DISTRICT MAY ACCEPT ANY ADDITIONAL INFORMATION THE23
APPLICANT PROVIDES THAT THE SCHOOL DISTRICT DOES NOT REQUEST .24
T
HE DISTRICT ACCOUNTABILITY COMMITTEE SHALL REVIEW THE25
COMPLETE APPLICATION AT LEAST FIFTEEN DAYS	, IF POSSIBLE, BEFORE THE26
LOCAL BOARD OF EDUCATION TAKES ACTION ON THE APPLICATION .27
HB24-1363
-17- (b)  FOR PURPOSES OF REVIEWING A CHARTER SCHOOL RENEWAL1
APPLICATION, A DISTRICT ACCOUNTABILITY COMMITTEE SHALL INCLUDE2
AT LEAST:3
(I)  O
NE PERSON WITH A DEMONSTRATED KNOWLEDGE OF CHARTER4
SCHOOLS, REGARDLESS OF WHETHER THAT PERSON RESIDES WITHIN THE5
SCHOOL DISTRICT; AND6
(II)  O
NE PARENT OR LEGAL GUARDIAN OF A CHILD ENROLLED IN A7
CHARTER SCHOOL IN THE SCHOOL DISTRICT .8
(3) (a)  A charter may be revoked or not renewed by the chartering
9
local board of education A LOCAL BOARD MAY REVOKE OR NOT RENEW A10
DISTRICT CHARTER SCHOOL'S CHARTER if it determines that the charter11
school did any of the following:12
(a) (I)  Committed a material violation of any of the conditions,13
standards, or procedures set forth in the charter contract;14
(b) (II)  Failed to meet or make adequate progress toward15
achievement of the goals, objectives, content standards, pupil16
performance standards, targets for the measures used to determine the17
levels of attainment of the performance indicators, applicable federal18
requirements, or other terms identified in the charter contract;19
(c) (III)  Failed to meet generally accepted standards of fiscal20
management; or21
(d) (IV)  Violated any provision of law from which the charter22
school was not specifically exempted;23
(V)  F
AILED TO POST AND MAINTAIN ON ITS WEBSITE AN ITEMIZED24
LIST OF CITATIONS AND DESCRIPTIONS OF STATE STATUTES AND STATE25
BOARD RULES WAIVED BY THE CHARTER SCHOOL , OR SCHOOL DISTRICT26
POLICIES FROM WHICH THE CHARTER SCHOOL IS RELEASED ;27
HB24-1363
-18- (VI)  FAILED TO SATISFY ITS ANNUAL MINIMUM PUPIL ENROLLMENT1
REQUIREMENT; OR2
(VII)  F
AILED TO COMPLY WITH A CIVIL JUDGMENT OR COURT3
ORDER THAT AFFECTS THE COMMUNITY IT SERVES .4
(b)  A
 LOCAL BOARD MAY REVOKE OR NOT RENEW A DISTRICT5
CHARTER SCHOOL'S CHARTER IF THE SCHOOL DISTRICT IS EXPERIENCING6
DECLINING PUPIL ENROLLMENT OR THE DISTRICT CHARTER SCHOOL IS7
EXPERIENCING DECLINING PUPIL ENROLLMENT , OR IF A VIOLATION OF8
SECTION 22-30.5-110.4 OCCURRED.9
SECTION 8. In Colorado Revised Statutes, add 22-30.5-110.410
as follows:11
22-30.5-110.4.  Conflict of interest. N
OTWITHSTANDING ANY LAW12
TO THE CONTRARY, A MEMBER OF A GOVERNING BOARD OF A CHARTER13
SCHOOL OR THE LEADER OF A CHARTER SCHOOL SHALL NOT ENGAGE IN14
ANY ACTIVITY OR HAVE ANY FINANCIAL INTEREST THAT MAY RESULT IN A15
CONFLICT OF INTEREST BETWEEN THE MEMBER 'S OR LEADER'S DUTIES16
CONCERNING THE CHARTER SCHOOL AND THE MEMBER 'S OR LEADER'S17
PERSONAL OR FINANCIAL INTEREST.18
SECTION 9. In Colorado Revised Statutes, 22-30.5-112, amend19
(2)(a)(III)(A), (2)(a.3), and (2)(c)(II); and add (2)(a.1) as follows:20
22-30.5-112.  Charter schools - financing - guidelines -21
definitions. (2) (a) (III) (A)  For budget year 2000-01 and budget years
22
thereafter FOR A CHARTER CONTRACT EXECUTED OR RENEWED ON OR23
BEFORE JUNE 30, 2024, except as otherwise provided in paragraph (a.3)24
of this subsection (2) SUBSECTION (2)(a.3) OF THIS SECTION, each charter25
school and the chartering school district shall negotiate funding under26
PURSUANT TO the contract. The charter school shall MUST receive one27
HB24-1363
-19- hundred percent of the district per pupil revenues for each pupil enrolled1
in the charter school who is not an online pupil and one hundred percent2
of the district per pupil online funding for each online pupil enrolled in3
the charter school; except that the chartering school district may choose4
to retain the actual amount of the charter school's per pupil share of the5
central administrative overhead costs for services, actually provided to the6
charter school up to five percent of the district per pupil revenues for each7
pupil who is not an online pupil enrolled in the charter school. and up to8
five percent of the district per pupil online funding for each online pupil9
enrolled in the charter school.10
(a.1)  F
OR A CHARTER CONTRACT EXECUTED OR RENEWED ON OR11
AFTER JULY 1, 2024, EACH CHARTER SCHOOL AND THE CHARTERING12
SCHOOL DISTRICT SHALL NEGOTIATE FUNDING PURSUANT TO THE13
CONTRACT. THE CHARTER SCHOOL MUST RECEIVE ONE HUNDRED PERCENT14
OF THE DISTRICT PER PUPIL REVENUES FOR EACH PUPIL ENROLLED IN THE15
CHARTER SCHOOL WHO IS NOT AN ONLINE PUPIL AND ONE H UNDRED16
PERCENT OF THE DISTRICT PER PUPIL ONLINE FUNDING FOR EACH ONLINE17
PUPIL ENROLLED IN THE CHARTER SCHOOL; EXCEPT THAT THE CHARTERING18
SCHOOL DISTRICT SHALL RETAIN THE ACTUAL AMOUNT OF THE CHARTER19
SCHOOL'S PER PUPIL SHARE OF THE CENTRAL ADMINISTRATIVE OVERHEAD20
COSTS FOR SERVICES, INCLUDING ANY COSTS THAT ARE OTHERWISE NOT21
REIMBURSED FOR SPECIAL EDUCATION SERVICES PROVIDED TO THE22
CHARTER SCHOOL.23
(a.3)  If
 FOR A CHARTER CONTRACT EXECUTED OR RENEWED ON OR24
BEFORE JUNE 30, 2024, IF the authorizing school district enrolls five25
hundred or fewer students, the charter school shall MUST receive funding26
in the amount of the greater of one hundred percent of the district per27
HB24-1363
-20- pupil online funding for each online pupil enrolled in the charter school1
plus one hundred percent of the district per pupil revenues for each pupil2
who is not an online pupil enrolled in the charter school, minus the actual3
amount of the charter school's per pupil share of the central administrative4
overhead costs incurred by the school district, based on audited figures,5
or eighty-five percent of the district per pupil revenues for each pupil6
enrolled in the charter school who is not an online pupil plus eighty-five7
percent of the district per pupil online funding for each online pupil8
enrolled in the charter school.9
(c) (II)  For budget year 2000-01 and budget years thereafter FOR10
A CHARTER CONTRACT EXECUTED ON OR BEFORE JUNE 30, 2024, the11
amount of funding received by a charter school pursuant to this12
subsection (2) shall MUST not be less than one hundred percent of the13
chartering school district's district per pupil revenues, minus up to five14
percent as provided in subparagraph (III) of paragraph (a) of this15
subsection (2) SUBSECTION (2)(a)(III) OF THIS SECTION, multiplied by the16
number of pupils enrolled in the charter school or as otherwise provided17
in paragraph (a.3) of this subsection (2) SUBSECTION (2)(a.3) OF THIS18
SECTION for any charter school chartered by a school district that enrolls19
five hundred or fewer students.20
SECTION 10. In Colorado Revised Statutes, 22-30.5-112.1,21
amend (3)(a) and (3)(b); and add (3)(a.5) as follows:22
22-30.5-112.1.  Charter schools - exclusive jurisdiction districts23
- authorized on or after July 1, 2004 - financing - definitions.24
(3) (a)  For budget year 2004-05 and budget years thereafter FOR A25
CHARTER CONTRACT EXECUTED OR RENEWED ON OR BEFORE JUNE 30,26
2024, each district charter school and the qualifying school district that27
HB24-1363
-21- approved the charter shall negotiate funding under PURSUANT TO the1
charter contract. The district charter school shall MUST receive one2
hundred percent of the adjusted district per pupil revenues for each pupil3
enrolled in the district charter school who is not an online pupil and one4
hundred percent of the district per pupil online funding for each online5
pupil enrolled in the district charter school; except that the qualifying6
school district may choose to retain the sum of the actual amount of the7
district charter school's per pupil share of the central administrative8
overhead costs for services actually provided to the district charter school,9
up to five percent of the adjusted district per pupil revenues for each pupil10
who is not an online pupil enrolled in the district charter school. and up11
to five percent of the district per pupil online funding for each online12
pupil enrolled in the district charter school.13
(a.5)  F
OR A CHARTER CONTRACT EXECUTED OR RENEWED ON OR14
AFTER JULY 1, 2024, EACH DISTRICT CHARTER SCHOOL AND THE15
QUALIFYING SCHOOL DISTRICT THAT APPROVED THE CHARTER SHALL16
NEGOTIATE FUNDING PURSUANT TO THE CHARTER CONTRACT . THE17
DISTRICT CHARTER SCHOOL MUST RECEIVE ONE HUNDRED PERCENT OF THE18
ADJUSTED DISTRICT PER PUPIL REVENUES FOR EACH PUPIL ENROLLED IN19
THE DISTRICT CHARTER SCHOOL WHO IS NOT AN ONLINE PUPIL AND ONE20
HUNDRED PERCENT OF THE DISTRICT PER PUPIL ONLINE FUNDING FOR EACH21
ONLINE PUPIL ENROLLED IN THE DISTRICT CHARTER SCHOOL ; EXCEPT THAT22
THE CHARTERING SCHOOL DISTRICT SHALL RETAIN THE ACTUAL AMOUNT23
OF THE CHARTER SCHOOL 'S PER PUPIL SHARE OF THE CENTRAL24
ADMINISTRATIVE OVERHEAD COSTS FOR SERVICES , INCLUDING ANY COSTS25
THAT ARE OTHERWISE NOT REIMBURSED FOR SPECIAL EDUCATION26
SERVICES PROVIDED TO THE CHARTER SCHOOL .27
HB24-1363
-22- (b)  Notwithstanding any provision of this subsection (3) to the1
contrary, if FOR A CHARTER CONTRACT EXECUTED OR RENEWED ON OR2
BEFORE JUNE 30, 2024, IF a qualifying school district enrolls five hundred3
or fewer students, the district charter school shall MUST receive funding4
in the amount of the greater of one hundred percent of the district per5
pupil online funding for each online pupil enrolled in the district charter6
school plus one hundred percent of the district per pupil revenues for each7
pupil who is not an online pupil enrolled in the district charter school,8
minus the actual amount of the district charter school's per pupil share of9
the central administrative overhead costs incurred by the qualifying10
school district, based on audited figures, or eighty-five percent of the11
district per pupil revenues for each pupil enrolled in the district charter12
school who is not an online pupil plus eighty-five percent of the district13
per pupil online funding for each online pupil enrolled in the district14
charter school.15
SECTION 11. In Colorado Revised Statutes, 22-30.5-113, add16
(4) as follows:17
22-30.5-113.  State board - department of education - duties -18
charter schools - evaluation - report. (4)  F
OR THE REPORT SUBMITTED19
PURSUANT TO THIS SECTION, IN THE 2024-25 BUDGET YEAR, AND EACH20
YEAR THEREAFTER, THE DEPARTMENT SHALL INCLUDE DATA CONCERNING21
ATTRITION RATES FOR STUDENTS ENROLLED IN , AND TEACHERS ,22
ADMINISTRATORS, AND ADMINISTRATIVE PERSONNEL EMPLOYED BY , A23
CHARTER SCHOOL. AT A MINIMUM, THE REPORT MUST INCLUDE:24
(a)  T
HE NUMBER OF STUDENTS ENROLLED IN A CHARTER SCHOOL25
IN THE PRECEDING SCHOOL YEAR, REPORTED FOR THE STATE AS A WHOLE26
AND FOR EACH DISTRICT CHARTER SCHOOL AND INSTITUTE CHARTER27
HB24-1363
-23- SCHOOL, IN TOTAL AND DISAGGREGATED BY RACE , ETHNICITY, AND1
GENDER;2
(b)  T
HE NUMBER OF STUDENTS ENROLLED IN A CHARTER SCHOOL3
IN THE CURRENT SCHOOL YEAR , REPORTED FOR THE STATE AS A WHOLE4
AND FOR EACH DISTRICT CHARTER SC HOOL AND INSTITUTE CHARTER5
SCHOOL, IN TOTAL AND DISAGGREGATED BY RACE , ETHNICITY, AND6
GENDER;7
(c)  T
HE NUMBER OF TEACHERS EMPLOYED BY A CHARTER SCHOOL8
IN THE PRECEDING SCHOOL YEAR, REPORTED FOR THE STATE AS A WHOLE9
AND FOR EACH DISTRICT CHARTER SCHOOL AND INSTITUTE CHARTER10
SCHOOL, IN TOTAL AND DISAGGREGATED BY RACE , ETHNICITY, AND11
GENDER;12
(d)  T
HE NUMBER OF TEACHERS EMPLOYED BY A CHARTER SCHOOL13
IN THE CURRENT SCHOOL YEAR , REPORTED FOR THE STATE AS A WHOLE14
AND FOR EACH DISTRICT CHARTER SCHOOL AND INSTITUTE CHARTER15
SCHOOL, IN TOTAL AND DISAGGREGATED BY RACE , ETHNICITY, AND16
GENDER;17
(e)  T
HE NUMBER OF ADMINISTRATORS AND ADMINISTRATIVE18
PERSONNEL EMPLOYED BY A CHARTER SCHOOL IN THE PRECEDING SCHOOL19
YEAR, REPORTED FOR THE STATE AS A WHOLE AND FOR EACH DISTRICT20
CHARTER SCHOOL AND INSTITUTE CHARTER SCHOOL , IN TOTAL AND21
DISAGGREGATED BY RACE, ETHNICITY, AND GENDER; AND22
(f)  T
HE NUMBER OF ADMINISTRATORS AND ADMINISTRATIVE23
PERSONNEL EMPLOYED BY A CHARTER SCHOOL IN THE CURRENT SCHOOL24
YEAR, REPORTED FOR THE STATE AS A WHOLE AND FOR EACH DISTRICT25
CHARTER SCHOOL AND INSTITUTE CHARTER SCHOOL , IN TOTAL AND26
DISAGGREGATED BY RACE, ETHNICITY, AND GENDER.27
HB24-1363
-24- SECTION 12. In Colorado Revised Statutes, 22-30.5-306,1
amend (2)(a) as follows:2
22-30.5-306.  Independent charter schools - charter - term.3
(2)  With the assistance from the commissioner or the commissioner's4
designee, the selected applicant and the local board of education shall5
negotiate the terms of the independent charter, which may be different6
from or in addition to the terms of the response to the request for7
proposals; except that:8
(a)  The independent charter school shall be IS entitled to use the9
school building in which the public school that is subject to conversion10
was operated. The independent charter school and the local board of11
education shall negotiate an amount of rent to be paid which shall be not12
more than twelve dollars per year, and all other costs for the operation13
and maintenance of the building and related facilities.14
SECTION 13. In Colorado Revised Statutes, 22-30.5-502,15
amend (1.5)(b) and (1.5)(c); and add (1.5)(d) as follows:16
22-30.5-502.  Definitions. As used in this part 5, unless the17
context otherwise requires:18
(1.5)  "Automatic waiver" means the waiver of a state statute or19
state board rule:20
(b)  That is available to each charter school, including each21
institute charter school, and is valid for the initial, or subsequent renewal,22
term of the charter contract; and23
(c)  For which a charter school, including an institute charter24
school, is not required to submit a statement that specifies the manner in25
which the charter school intends to comply with the intent of the26
automatically waived state statute or state board rule; 
AND27
HB24-1363
-25- (d)  IS VALID ONLY FOR A CHARTER SCHOOL , INCLUDING AN1
INSTITUTE CHARTER SCHOOL, WHOSE CURRENT CHARTER CONTRACT WAS2
EXECUTED OR RENEWED ON OR BEFORE JUNE 30, 2024.3
SECTION 14. In Colorado Revised Statutes, 22-30.5-507,4
amend (7)(a) introductory portion, (7)(b)(VIII), and (7)(b)(IX); and add5
(7)(b)(X), (7)(d), and (15) as follows:6
22-30.5-507.  Institute charter school - requirements -7
authority - rules - definitions. (7) (a)  Pursuant to the charter contract,8
an institute charter school may operate free from specified statutes and9
state board rules. The state board shall promulgate rules that list the10
automatic waivers for all charter schools WHOSE CURRENT CHARTER11
CONTRACT WAS EXECUTED OR RENEWED ON OR BEFORE JUNE 30, 2024,12
including institute charter schools. In promulgating the list of automatic13
waivers, the state board shall consider the overall impact and complexity14
of the requirements specified in the statute and the potential consequences15
that waiving the statute may have on the practices of a charter school,16
including an institute charter school. In accordance with its rule-making17
authority, the state board may review the list of automatic waivers at its18
discretion. Notwithstanding any provision of this subsection (7)(a) to the19
contrary, the state board shall not include the following statutes on the list20
of automatic waivers:21
(b)  An institute charter school may apply to the state board,22
through the institute, for a waiver of state statutes and state rules that are23
not automatic waivers. The state board may waive state statutory24
requirements or rules promulgated by the state board; except that the state25
board may not waive any statute or rule relating to:26
(VIII)  Section 22-33-106.1 concerning suspension and expulsion27
HB24-1363
-26- of students in preschool through second grade; or1
(IX)  Subsection (3) of this section and sections 22-32-110 (1)(k)2
and 22-63-206 (1) relating to discrimination based on hair texture, hair3
type, or a protective hairstyle that is commonly or historically associated4
with race; 
OR5
(X)  E
DUCATION PERSONNEL PERFORMANCE EVALUATION SYSTEM6
REQUIREMENTS CONTAINED IN ARTICLE 9 OF THIS TITLE 22.7
(d) (I)  A
N AUTOMATIC WAIVER INVOKED BY AN INSTITUTE8
CHARTER SCHOOL WHOSE CHARTER CONTRACT WAS EXECUTED OR9
RENEWED ON OR BEFORE JUNE 30, 2024, IS VALID UNTIL THE CHARTER10
CONTRACT EXPIRES. AN INSTITUTE CHARTER SCHOOL WHOSE CHARTER11
CONTRACT WAS EXECUTED OR RENEWED ON OR BEFORE JUNE 30, 2024, IS12
INELIGIBLE TO INVOKE ANY AUTOMATIC WAIVER UPON AN INSTITUTE13
CHARTER SCHOOL RENEWAL APPLICATION SUBMITTED OR CHARTER14
CONTRACT RENEWAL OCCURRING ON OR AFTER JULY 1, 2024.15
(II)  A
N AUTOMATIC WAIVER TERM INCLUDED IN A CHARTER16
CONTRACT EXECUTED OR RENEWED ON OR AFTER JULY 1, 2024, IS NULL17
AND VOID AS AGAINST PUBLIC POLICY AND IS UNENFORCEABLE . THIS18
SUBSECTION (7)(d)(II) DOES NOT PROHIBIT AN INSTITUTE CHARTER19
SCHOOL FROM OPERATING FREE FROM SPECIFIED STATUTES AND STATE20
BOARD RULES, AS PROVIDED PURSUANT TO THIS SECTION.21
(15)  B
EGINNING JULY 1, 2024, AN INSTITUTE CHARTER SCHOOL22
SHALL POST AND MAINTAIN ON ITS WEBSITE AN ITEMIZED LIST OF23
CITATIONS TO AND DESCRIPTIONS OF STATE STATUTES AND STATE BOARD24
RULES WAIVED BY THE CHARTER SCHOOL .25
SECTION 15. In Colorado Revised Statutes, 22-30.5-509, add26
(1)(f.5) as follows:27
HB24-1363
-27- 22-30.5-509.  Institute charter school application - contents.1
(1)  The institute charter school application is a proposed agreement upon2
which the institute charter applicant and the institute negotiate a charter3
contract. At a minimum, each institute charter school application4
includes:5
(f.5)  D
ESCRIPTIONS OF EDUCATIONAL SERVICES THAT THE6
PROPOSED CHARTER SCHOOL WILL PROVIDE , WHICH MUST SPECIFICALLY7
ADDRESS SERVING UNMET NEEDS , AS IDENTIFIED BY THE SCHOOL DISTRICT,8
OF THE STUDENTS IN THE COMMUNITY WHERE THE CHARTER SCHOOL IS9
LOCATED;10
SECTION 16. In Colorado Revised Statutes, 22-30.5-511,11
amend (3)(d) and (3)(e); and add (3)(f) as follows:12
22-30.5-511.  Institute charter schools - term - renewal of13
contract - grounds for nonrenewal or revocation - appeal. (3)  The14
institute board may revoke or deny renewal of a charter contract if the15
institute board determines that the institute charter school did any of the16
following:17
(d)  Failed to meet generally accepted standards of fiscal18
management; or
19
(e)  Violated any provision of law from which the institute charter20
school was not specifically exempted; 
OR21
(f)  F
AILED TO POST AND MAINTAIN ON ITS WEBSITE AN ITEMIZED22
LIST OF CITATIONS AND DESCRIPTIONS OF STATE STATUTES AND STATE23
BOARD RULES WAIVED BY THE INSTITUTE CHARTER SCHOOL .24
SECTION 17. In Colorado Revised Statutes, amend 22-9-101 as25
follows:26
22-9-101.  Short title. This article
 ARTICLE 9 shall be known and27
HB24-1363
-28- may be cited as the "Licensed EDUCATION Personnel Performance1
Evaluation Act".2
SECTION 18. In Colorado Revised Statutes, 22-9-102, amend3
(1) introductory portion, (1)(a), (1)(b) introductory portion, (1)(b)(III),4
(1)(b)(IV), and (2) as follows:5
22-9-102.  Legislative declaration. (1)  The general assembly6
hereby FINDS AND declares that:7
(a)  A system to evaluate the effectiveness of licensed EDUCATION8
personnel is crucial to improving the quality of education in this state and9
declares that such a THE system shall be IS applicable to all licensed10
EDUCATION personnel in the school districts, and boards of cooperative11
services, 
DISTRICT CHARTER SCHOOLS, AND INSTITUTE CHARTER SCHOOLS12
throughout the state; and13
(b)  The purposes of the evaluation shall be
 ARE to:14
(III)  Serve as a measurement of the professional growth and15
development of licensed EDUCATION personnel;16
(IV)  Evaluate the level of performance based on the effectiveness17
of licensed EDUCATION personnel; and18
(2)  The general assembly further declares that a professionally19
sound and credible system to evaluate the effectiveness of licensed20
EDUCATION personnel shall MUST be designed with the involvement of21
licensed EDUCATION personnel and citizens of the school district or board22
of cooperative services.23
SECTION 19. In Colorado Revised Statutes, 22-9-103, amend24
(1.5) and (5); and add (1.6), (1.7), (1.8), and (1.9) as follows:25
22-9-103.  Definitions. As used in this article 9, unless the context26
otherwise requires:27
HB24-1363
-29- (1.5)  "Licensed personnel" or "licensed person" means a person1
who is employed to instruct students, to provide professional services to2
students in direct support of the education instructional program, or to3
administer, direct, or supervise the instructional program in a school in4
the state and who holds a valid license or authorization pursuant to article5
60.5 of this title 22. "DISTRICT CHARTER SCHOOL" MEANS A CHARTER6
SCHOOL AUTHORIZED BY A SCHOOL DISTRICT BOARD OF EDUCATION7
PURSUANT TO PART 1 OF ARTICLE 30.5 OF THIS TITLE 22.8
(1.6)  "E
DUCATION PERSONNEL" OR "EDUCATION PROFESSIONAL"9
MEANS A PERSON WHO IS EMPLOYED TO INSTRUCT STUDENTS ; TO PROVIDE10
PROFESSIONAL SERVICES TO STUDENTS IN DIRECT SUPPORT OF THE11
EDUCATION INSTRUCTIONAL PROGRAM ; OR TO ADMINISTER, DIRECT, OR12
SUPERVISE THE INSTRUCTIONAL PROGRAM IN A PUBLIC SCHOOL IN THE13
STATE, INCLUDING A DISTRICT CHARTER SCHOOL OR INSTITUTE CHARTER14
SCHOOL, REGARDLESS OF WHETHER THE PERSON HOLDS A VALID LICENSE15
OR AUTHORIZATION PURSUANT TO ARTICLE 60.5 OF THIS TITLE 22.16
(1.7)  "I
NSTITUTE" MEANS THE STATE CHARTER SCHOOL INSTITUTE17
CREATED PURSUANT TO SECTION 22-30.5-503.18
(1.8)
  "INSTITUTE BOARD" MEANS THE GOVERNING BOARD OF THE19
STATE CHARTER SCHOOL INSTITUTE APPOINTED PURSUANT TO SECTION20
22-30.5-505.21
(1.9)  "I
NSTITUTE CHARTER SCHOOL" MEANS A CHARTER SCHOOL22
AUTHORIZED BY THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO23
PART 5 OF ARTICLE 30.5 OF THIS TITLE 22.24
(5)  "Teacher" means a person who holds an alternative, initial, or
25
professional teacher license issued pursuant to the provisions of article26
60.5 of this title and who is employed by a school district, or a DISTRICT27
HB24-1363
-30- charter school, OR INSTITUTE CHARTER SCHOOL in the state to instruct,1
direct, or supervise an education program, 
REGARDLESS OF WHETHER THE2
PERSON HOLDS AN ALTERNATIVE , INITIAL, OR PROFESSIONAL TEACHER3
LICENSE ISSUED PURSUANT TO THE PROVISIONS OF ARTICLE 60.5 OF THIS4
TITLE 22.5
SECTION 20. In Colorado Revised Statutes, 22-9-104, amend6
(1), (1.5), (2)(a), (2)(b), (2)(c), and (3) introductory portion; and add7
(3)(d) and (4) as follows:8
22-9-104.  State model education personnel performance9
evaluation system - department - state board - powers and duties -10
rules - repeal. (1)  The state board shall promulgate guidelines relating11
to the planning, development, implementation, and assessment of a state12
model licensed
 EDUCATION personnel performance evaluation system that13
may be adopted by each school district and board of cooperative services14
within the state 
AND THE INSTITUTE. In promulgating said
 THE guidelines,15
the state board shall allow each school district and board of cooperative16
services to involve and consult with the licensed EDUCATION personnel17
and citizens of the school district or districts, 
AND SHALL ALLOW THE18
INSTITUTE TO INVOLVE AND CONSULT WITH INSTITUTE CHARTER SCHOOL19
EDUCATION PERSONNEL AND CITIZENS OF THE COMMUNITIES SERVED BY20
INSTITUTE CHARTER SCHOOLS . Each school district and board of21
cooperative services, 
AND THE INSTITUTE, has the flexibility needed to22
develop a system of personnel performance evaluation that is specifically23
designed to meet the individual needs of that school district or board of24
cooperative services 
AND THE INSTITUTE.25
(1.5)  To assist school districts and boards of cooperative services26
in implementing the state model licensed
 EDUCATION personnel27
HB24-1363
-31- performance evaluation system and in developing and implementing local1
systems of personnel performance evaluation, 
AND TO ASSIST THE2
INSTITUTE IN IMPLEMENTING THE STATE MODEL EDUCATIONAL PERSONNEL3
PERFORMANCE EVALUATION SYSTEM AND IN DEVELOPING AND4
IMPLEMENTING AN INSTITUTE SYSTEM OF PERSONNEL PERFORMANCE5
EVALUATION, by the beginning of the 2023-24
 2024-25 school year, the6
department shall:7
(a)  Create a modified rubric specifically for measuring the8
performance of a licensed person AN EDUCATION PROFESSIONAL who has9
received a rating of highly effective for at least three consecutive school10
years and provide guidelines for focusing on professional growth and11
career development in evaluating licensed EDUCATION personnel who are12
consistently rated highly effective;13
(b)  Work with school districts, and boards of cooperative services,14
AND THE INSTITUTE to create and make publicly available rubrics for15
measuring the performance of licensed EDUCATION personnel in a limited16
number of specialized teacher or principal roles;17
(c)  Provide evaluator training at no cost to school districts, and18
boards of cooperative services, 
AND THE INSTITUTE to ensure that all19
evaluators have the skills necessary to observe and evaluate licensed
20
EDUCATION personnel with fidelity to the licensed EDUCATION personnel21
performance evaluation system implemented by the evaluator's school22
district, or board of cooperative services, OR THE INSTITUTE;23
(d)  Provide guidelines for considering a licensed AN EDUCATION24
person's professional growth achievements, such as attainment of national25
board certification or fulfillment of differentiated professional roles, as26
proof that the licensed person EDUCATION PROFESSIONAL meets one or27
HB24-1363
-32- more of the quality standards, in lieu of some or all of the elements that1
demonstrate attainment of the quality standards; and2
(e)  Provide information concerning best practices in methods of3
conducting licensed EDUCATION personnel evaluations, including4
innovative methods for observation.5
(2)  The state board shall:6
(a)  Provide training and leadership and give technical assistance7
to school districts, and boards of cooperative services, AND THE INSTITUTE8
in the development of a licensed EDUCATION personnel performance9
evaluation system;10
(b)  Work and cooperate with the state's universities and colleges11
that have teacher, principal, or administrator education programs to12
ensure that principals and administrators who have evaluation13
responsibilities will receive adequate education and training that meets14
the requirements specified in section 22-9-108 and will enable them to15
make thorough, credible, fair, and professional quality evaluations of all16
licensed EDUCATION personnel whom those principals or administrators17
may be responsible for evaluating;18
(c)  Promulgate rules concerning the planning, development,19
implementation, and assessment of the state model licensed EDUCATION20
personnel performance evaluation system to evaluate the effectiveness of21
licensed EDUCATION personnel;22
(3)  For evaluations completed for the 2023-24 school year, and23
each school year thereafter the state board shall promulgate rules as24
necessary to ensure that, under the state model licensed personnel25
performance evaluation system and a local system of personnel26
performance evaluation:27
HB24-1363
-33- (d)  THIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2026.1
(4)  F
OR EVALUATIONS COMPLETED FOR THE 2024-25 SCHOOL2
YEAR, AND EACH SCHOOL YEAR THEREAFTER , THE STATE BOARD SHALL3
PROMULGATE RULES AS NECESSARY TO ENSURE THAT , PURSUANT TO THE4
STATE MODEL EDUCATION PERSONNEL PERFORMANCE EVALUATION5
SYSTEM AND A LOCAL OR THE INSTITUTE SYSTEM OF PERSONNEL6
PERFORMANCE EVALUATION :7
(a)  T
HIRTY PERCENT OF A TEACHER'S OR PRINCIPAL'S EVALUATION8
IS DETERMINED BY THE ACADEMIC GROWTH OF THE TEACHER 'S STUDENTS9
OR THE STUDENTS ENROLLED IN THE PRINCIPAL'S SCHOOL, AS APPLICABLE,10
AND THE REMAINDER IS BASED ON THE TEACHER 'S OR PRINCIPAL'S11
ATTAINMENT OF THE QUALITY STANDARDS ;12
(b)  E
XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4)(c) OF13
THIS SECTION, OF THE THIRTY PERCENT OF A TEACHER 'S OR PRINCIPAL'S14
EVALUATION THAT IS BASED ON STUDENT ACADEMIC GROWTH , UP TO TEN15
PERCENT MAY BE BASED ON MEASURES OF COLLECTIVE STUDENT16
ACADEMIC GROWTH THAT ARE BASED ON THE PERFORMANCE OF ALL17
STUDENTS ENROLLED AT A PARTICULAR GRADE LEVEL WITHIN THE SCHOOL18
IN WHICH THE TEACHER OR PRINCIPAL IS EMPLOYED OR THE PERFORMANCE19
OF ALL STUDENTS ENROLLED IN THE SCHOOL IN WHICH THE TEACHER OR20
PRINCIPAL IS EMPLOYED, BUT A TEACHER'S OR PRINCIPAL'S EVALUATION21
MUST NOT INCLUDE MEASURES OF COLLECTIVE STUDENT ACADEMIC22
GROWTH THAT ARE BASED ON THE PERFORMANCE OF STUDENTS WHO ARE23
NOT ENROLLED IN THE SCHOOL IN WHICH THE TEACHER OR PRINCIPAL IS24
EMPLOYED; AND25
(c)  T
HE EVALUATION OF AN EDUCATION PROFESSIONAL WHO HAS26
BEEN EMPLOYED BY A SCHOOL DISTRICT , BOARD OF COOPERATIVE27
HB24-1363
-34- SERVICES, OR INSTITUTE CHARTER SCHOOL FOR ONE SCHOOL YEAR OR LESS1
MUST NOT INCLUDE DATA THAT WAS CREATED PRIOR TO THE DATE ON2
WHICH THE EDUCATION PROFESSIONAL STARTED EMPLOYMENT WITH THE3
SCHOOL DISTRICT, BOARD OF COOPERATIVE SERVICES , OR INSTITUTE4
CHARTER SCHOOL.5
SECTION 21. In Colorado Revised Statutes, 22-9-105.5, amend6
(2)(c) introductory portion, (3) introductory portion, (3)(c), (5), (6), and7
(11); and add (3)(k), (10.5), and (11.5) as follows:8
22-9-105.5.  State council for educator effectiveness - legislative9
declaration - membership - duties - recommendations - rules.10
(2) (c)  The purpose of the council shall be IS the same as that of the11
governor's council for educator effectiveness established by executive12
order, and shall be IS to consider options and make recommendations to13
the state board and the general assembly that seek to ensure that all14
licensed EDUCATION personnel are:15
(3)  The council shall have HAS the following duties:16
(c)  On or before March 1, 2011, to provide the state board with17
recommendations that will ensure development of a set of guidelines for18
establishing performance standards for each category of licensed19
EDUCATION personnel to be evaluated pursuant to this article ARTICLE 9.20
The guidelines shall MUST outline criteria to be applied in assigning21
educators to appropriate performance standards, which shall MUST22
include measures of student longitudinal academic growth.23
(k)  O
N OR BEFORE JULY 1, 2024, THE COUNCIL SHALL MAKE24
RECOMMENDATIONS TO THE STATE BOARD TO INCORPORATE THE25
INSTITUTE AND INSTITUTE CHARTER SCHOOLS	, AS NECESSARY, WITHIN THE26
RECOMMENDATIONS DESCRIBED IN SUBSECTIONS (3)(a) TO (3)(i) OF THIS27
HB24-1363
-35- SECTION.1
(5)  The council's recommendations may include changes to2
existing statutes or rules, if appropriate, as well as recommendations for3
local 
OR INSTITUTE implementation.4
(6)  In making its recommendations, the council shall include the5
effect of district-
 DISTRICT-LEVEL, INSTITUTE-LEVEL, and school-level6
conditions, as measured by the nine performance standards set forth in the7
comprehensive appraisal for the district 
OR INSTITUTE improvement rubric8
and biannual teaching, empowering, leading, and learning initiative9
survey of school working conditions, as well as any additional methods10
of assessing such
 THE conditions identified by the council as valid,11
transparent, and reliable.12
(10.5)  O
N OR BEFORE SEPTEMBER 1, 2024, THE STATE BOARD13
SHALL PROMULGATE RULES WITH REGARD TO THE COUNCIL14
RECOMMENDATIONS MADE PURSUANT TO SUBSECTION (3)(k) OF THIS15
SECTION. IF THE COUNCIL FAILS TO MAKE RECOMME NDATIONS TO THE16
STATE BOARD BY JULY 1, 2024, THE STATE BOARD SHALL, ON OR BEFORE17
S
EPTEMBER 1, 2024, PROMULGATE RULES CONCERNING INCORPORATION18
OF THE INSTITUTE AND INSTITUTE CHARTER SCHOOLS , AS NECESSARY,19
WITHIN THE RULES PROMULGATED FROM RECOMMENDATIONS IN20
SUBSECTIONS (3)(a) TO (3)(i) OF THIS SECTION.21
(11)  On or before November 1, 2011,
 The department shall create22
and make available to school districts, and boards of cooperative services,23
AND THE INSTITUTE a resource bank that identifies assessments, processes,24
tools, and policies that a school district, or A board of cooperative25
services, 
OR THE INSTITUTE may use to develop an evaluation system that26
addresses the provisions of this section. The department shall include27
HB24-1363
-36- resources that are appropriate to school districts and boards of1
cooperative services, 
AND FOR THE INSTITUTE TO APPLY TO INSTITUTE2
CHARTER SCHOOLS, of different sizes, demographics, and locations. The3
department shall update the resource bank at least annually to reflect new4
research and ongoing experience in Colorado.5
(11.5)  N
OTWITHSTANDING SUBSECTION (12) OF THIS SECTION, ON6
OR BEFORE SEPTEMBER 1, 2024, THE STATE BOARD SHALL PROMULGATE ,7
AMEND, OR REPEAL RULES AS NECESSARY TO ENSURE APPLICATION TO8
EDUCATION PERSONNEL.9
SECTION 22. In Colorado Revised Statutes, 22-9-106, amend10
(1) introductory portion, (1)(a), (1)(b), (1)(c)(II), (1)(c)(III), (1)(d)11
introductory portion, (1)(d)(III), (1)(d)(IV), (1)(d)(V)(B), (1)(e)(II),12
(1)(e)(III), (1)(e)(IV), (1)(f), (1.5)(a), (1.5)(b), (1.5)(c)(I), (1.5)(c)(II)13
introductory portion, (1.5)(c)(II)(C), (1.5)(c)(III) introductory portion,14
(1.5)(c)(III)(B), (1.5)(d), (2), (2.5)(b)(I), (2.5)(c) introductory portion,15
(2.5)(c)(II), (3)(a)(II), (3)(b), (3.2)(b), (3.3), (4)(a), (4)(c), (4.5)(b), (5),16
(6), (7)(b), and (7)(c); and add (1)(e)(V) as follows:17
22-9-106.  Local boards of education and institute - duties -18
performance evaluation system - compliance - legislative declaration19
- rules - repeal. (1)  All school districts and boards of cooperative20
services that employ licensed
 EDUCATION personnel, AND THE INSTITUTE21
FOR ALL INSTITUTE CHARTER SCHOOLS THAT EMPLOY EDUCATION22
PERSONNEL, shall adopt a written system to evaluate the employment23
performance of school district, and board of cooperative services,24
licensed AND INSTITUTE CHARTER SCHOOL EDUCATION personnel,25
including all teachers, principals, and administrators, with the exception26
of licensed EDUCATION personnel employed by a board of cooperative27
HB24-1363
-37- services for a period of six weeks or less. In developing the licensed1
EDUCATION personnel performance evaluation system and any2
amendments thereto TO IT, the local board, and board of cooperative3
services, 
AND THE INSTITUTE shall comply with subsection (1.5) of this4
section and shall consult with administrators, principals, and teachers5
employed within the district, or
 participating districts in a board of6
cooperative services, 
OR INSTITUTE CHARTER SCHOOLS; parents; and the7
school district licensed
 EDUCATION personnel performance evaluation8
council or the board of cooperative services personnel performance9
evaluation council created pursuant to section 22-9-107. The performance10
evaluation system must address all of the performance standards11
established by rule of the state board and adopted by the general assembly12
pursuant to section 22-9-105.5, and must contain, but need not be limited13
to, the following information:14
(a)  The title or position of the evaluator for each licensed15
EDUCATION personnel position to be evaluated;16
(b)  The licensed EDUCATION personnel positions to be evaluated,17
which shall include INCLUDING all licensed EDUCATION personnel, all18
part-time teachers as defined in section 22-63-103 (6), and all19
administrators and principals;20
(c)  The frequency and duration of the evaluations, which must be21
on a regular basis and of such frequency and duration as to ensure the22
collection of a sufficient amount of data from which reliable conclusions23
and findings may be drawn. At a minimum, the performance evaluation24
system must ensure that:25
(II)  Nonprobationary teachers receive at least one observation26
each academic year and one evaluation that results in a written evaluation27
HB24-1363
-38- report pursuant to subsection (3) of this section each academic year1
according to the performance standards established by rule of the state2
board and adopted by the general assembly pursuant to section3
22-9-105.5. Nonprobationary teachers must receive the written evaluation4
report at least two weeks before the last class day of the school year.5
(III)  Principals shall receive one evaluation that results in a6
written evaluation report pursuant to subsection (3) of this section each7
academic year according to the performance standards established by rule8
of the state board and adopted by the general assembly pursuant to section9
22-9-105.5.10
(d)  The purposes of the evaluation, which must include, but need11
ARE not be limited to:12
(III)  Providing the measurement of satisfactory performance for13
individual licensed EDUCATION personnel and serving as documentation14
for an unsatisfactory performance dismissal proceeding under PURSUANT15
TO article 63 of this title TITLE 22;16
(IV)  Serving as a measurement of the professional growth and17
development of licensed EDUCATION personnel; and18
(V) (B)  Measuring the level of effectiveness of all licensed19
EDUCATION personnel within the school district OR WITHIN INSTITUTE20
CHARTER SCHOOLS.21
(e) (II)  The standards set by the local board 
OR THE INSTITUTE for22
effective performance for licensed
 EDUCATION personnel and the criteria23
to be used to determine whether the performance of each licensed person24
EDUCATION PROFESSIONAL meets the standards and other criteria for25
evaluation for each licensed EDUCATION personnel position evaluated.26
One of the standards for measuring teacher effectiveness must be directly27
HB24-1363
-39- related to classroom instruction and must require that thirty percent of the1
evaluation is determined by the academic growth of the teacher's students.2
The remainder of the evaluation must be based on attainment of the3
quality standards. The FOR SCHOOL DISTRICTS, THE district accountability4
committee shall provide input and recommendations concerning the5
assessment tools used to measure student academic growth as it relates to6
teacher evaluations. The standards must include multiple measures of7
student performance in conjunction with student growth expectations. For8
the purposes of measuring effectiveness, expectations of student9
academic growth must take into consideration diverse factors, including10
but not limited to special education, student mobility, and classrooms with11
a student population in which ninety-five percent meet the definition of12
high-risk student as defined in section 22-7-604.5 (1.5). The performance13
evaluation system must also ensure that the standards and criteria are14
available in writing to all licensed EDUCATION personnel and are15
communicated and discussed by the person being evaluated and the16
evaluator prior to and during the course of the evaluation.17
(III)  Except as otherwise provided in subsection (1)(e)(IV) 
OR18
(1)(e)(V) of this section, for performance evaluations completed for the19
2023-24 school year and school years thereafter, of the thirty percent of20
a teacher's evaluation that is based on student academic growth, up to ten21
percent may be based on measures of collective student academic growth22
that are based on the performance of all students enrolled at a particular23
grade level within the school in which the teacher is employed or the24
performance of all students enrolled in the school in which the teacher is25
employed, but a teacher's evaluation must not include measures of26
collective student academic growth that are based on the performance of27
HB24-1363
-40- students who are not enrolled in the school in which the teacher is1
employed.2
(IV) (A)  For performance evaluations completed for the 2023-243
school year, and school years thereafter, the evaluation of a licensed4
person EDUCATION PROFESSIONAL who has been employed by a school5
district, or board of cooperative services, for one school year or less must6
not include data that was created prior to the date on which the licensed7
person EDUCATION PROFESSIONAL commenced employment with the8
school district or board of cooperative services.9
(B)  T
HIS SUBSECTION (1)(e)(IV) IS REPEALED, EFFECTIVE JULY 1,10
2026.11
(V)  F
OR PERFORMANCE EVALUATIONS COMPLETED FOR THE12
2024-25
 SCHOOL YEAR AND SCHOOL YEARS THEREAFTER , THE13
EVALUATION OF AN EDUCATION PROFESSIONAL WHO HAS BEEN EMPLOYED14
BY A SCHOOL DISTRICT, BOARD OF COOPERATIVE SERVICES, OR INSTITUTE15
CHARTER SCHOOL FOR ONE SC HOOL YEAR OR LESS MUST NOT INCLUDE16
DATA THAT WAS CREATED PRIOR TO THE DATE ON WHICH THE EDUCATION17
PROFESSIONAL STARTED EMPLOYMENT WITH THE SCHOOL DISTRICT ,18
BOARD OF COOPERATIVE SERVICES , OR INSTITUTE CHARTER SCHOOL.19
(f)  The methods of evaluation, which
 must include, but are not20
limited to, direct observations by the evaluator and a process of21
systematic data-gathering. School districts, and boards of cooperative22
services, 
AND THE INSTITUTE are encouraged to experiment, with the23
agreement of their school district
 personnel performance evaluation24
councils, with innovative methods of observation, which may include25
observations by mentors or teaching coaches, peers, department leaders,26
and video or digital recording; and a peer assistance and review model27
HB24-1363
-41- that allows licensed EDUCATION personnel to be evaluated by peers who1
are licensed in the same field as the licensed person EDUCATION2
PROFESSIONAL being evaluated and, if feasible, have more than one year3
of experience.4
(1.5) (a)  A local board, or board of cooperative services, OR THE5
INSTITUTE may adopt the state model licensed EDUCATION personnel6
performance evaluation system established by the rules promulgated by7
the state board pursuant to section 22-9-105.5 or may develop its own8
local licensed OR INSTITUTE EDUCATION personnel evaluation system that9
complies with the requirements established pursuant to this section and10
the rules promulgated by the state board. If a school district, or board of11
cooperative services, 
OR THE INSTITUTE develops its own local licensed
12
OR INSTITUTE EDUCATION personnel evaluation system, the local board,13
or board of cooperative services, OR INSTITUTE, or any interested party14
may submit to the department, or the department may solicit and collect,15
data related to said personnel evaluation system for review by the16
department.17
(b)  The department shall monitor school districts', and boards of18
cooperative services', 
AND THE INSTITUTE'S implementation of the19
requirements for local licensed
 OR INSTITUTE EDUCATION personnel20
evaluation systems. If, upon initial review by the department, the data21
submitted or collected pursuant to paragraph (a) of this subsection (1.5)22
SUBSECTION (1.5)(a) OF THIS SECTION indicates that a school district, or23
board of cooperative services, 
OR THE INSTITUTE is unable to implement24
a local licensed
 OR INSTITUTE EDUCATION personnel evaluation system25
that meets the objectives of this article ARTICLE 9, the department shall26
conduct a more thorough review of the school district's, or board of27
HB24-1363
-42- cooperative services', OR THE INSTITUTE'S processes and procedures for1
said THE evaluation system to ensure that it is professionally sound;2
results in fair, adequate, and credible evaluations; satisfies the quality3
standards established by rule of the state board in a manner that is4
appropriate to the size, demographics, and location of the local board, or5
board of cooperative services, 
OR INSTITUTE CHARTER SCHOOLS ; and is6
consistent with the goals, objectives, and intent of this article
 ARTICLE 9.7
(c) (I)  Pursuant to section 22-11-206 (4)(b), if the department has8
reason to believe that a local licensed OR INSTITUTE EDUCATION personnel9
evaluation system developed by a local board, or board of cooperative10
services, 
OR THE INSTITUTE is not in substantial compliance with one or11
more of the applicable statutory or regulatory requirements of this article
12
ARTICLE 9, the department shall notify the local board, or board of13
cooperative services, 
OR THE INSTITUTE that it has ninety days after the14
date of the notice to bring its local licensed
 OR INSTITUTE EDUCATION15
personnel evaluation system into compliance. The department shall work16
collaboratively with the school district, or board of cooperative services,17
OR THE INSTITUTE during the ninety-day period to bring the local licensed18
OR INSTITUTE EDUCATION personnel evaluation system into compliance19
with the applicable statutory or regulatory requirements.20
(II)  If, at the end of the ninety-day period, the department finds21
that the local licensed OR INSTITUTE EDUCATION personnel evaluation22
system is not substantially in compliance with the applicable statutory or23
regulatory requirements, the department shall determine the appropriate24
remedies to correct the identified areas of noncompliance, including, but25
not limited to:26
(C)  As a last resort, requiring the school district, or board of27
HB24-1363
-43- cooperative services, OR THE INSTITUTE to implement some or all of the1
state model system. A school district, or board of cooperative services, OR2
THE INSTITUTE shall only be required to implement those aspects of the3
state model system that are deemed necessary to bring the local licensed4
OR INSTITUTE EDUCATION personnel evaluation system into compliance.5
(III)  If the department determines that the noncompliance is6
substantial enough to call into question the validity of the educator7
evaluation ratings, the department may take appropriate action that may8
include invalidating the school district's, or board of cooperative services',9
OR THE INSTITUTE'S educator ratings for the evaluation cycles in question.10
If the department determines that the noncompliance requires invalidating11
the school district's, or board of cooperative services', OR THE INSTITUTE'S12
educator ratings:13
(B)  A teacher who received a rating of partially effective or14
ineffective shall receive a "no score" rating for the year in question.15
However, if in the following academic year, the department determines16
that the school district's, or board of cooperative services', OR INSTITUTE'S17
local licensed OR INSTITUTE EDUCATION personnel evaluation system is18
compliant with the requirements of this article ARTICLE 9 and the teacher19
receives a performance evaluation rating of ineffective or partially20
effective, this rating shall have HAS the consequence of a second21
consecutive ineffective rating.22
(d)  The general assembly finds that, for purposes of section 17 of23
article IX of the state constitution, the review of local licensed OR24
INSTITUTE EDUCATION personnel evaluation systems as provided for in25
this subsection (1.5) is an important component of an accountable26
program to meet state academic standards and, therefore, may be funded27
HB24-1363
-44- from moneys MONEY in the state education fund created in section 17 (4)1
of article IX of the state constitution.2
(2)  In implementing such evaluation system and procedures, the3
school district, or board of cooperative services, OR THE INSTITUTE shall4
conduct all evaluations so as to observe the legal and constitutional rights5
of licensed EDUCATION personnel, and no evaluation information shall6
NOT be gathered by electronic devices without the consent of the licensed7
EDUCATION personnel. No Informality in any evaluation or in the manner8
of making or recording any evaluation shall 
NOT invalidate such9
evaluation.10
(2.5) (b) (I)  The council shall actively participate with the local11
board 
OR THE INSTITUTE in developing written standards for evaluation12
that clearly specify performance standards and the quality standards and13
the criteria to be used to determine whether the performance of each14
licensed person
 EDUCATION PROFESSIONAL meets such standards pursuant15
to subsection (1)(e) of this section.16
(c)  Notwithstanding any provision of paragraph (e) of subsection17
(1) SUBSECTION (1)(e) of this section or subsection (7) of this section to18
the contrary:19
(II)  A local board 
OR THE INSTITUTE may use the results of state20
assessments administered pursuant to section 22-7-1006.3 as a measure21
of student academic growth for evaluations prepared for the school year22
in which the assessments are administered only if the local board 
OR THE23
INSTITUTE receives the results by the date by which probationary teachers24
and nonprobationary teachers must receive the written evaluation report25
as provided in paragraph (c) of subsection (1)
 SUBSECTION (1)(c) of this26
section. If a local board 
OR THE INSTITUTE does not receive the results of27
HB24-1363
-45- state assessments in time to use them in the written evaluation report1
prepared for the school year in which the assessments are administered,2
the local board shall use the results of the state assessments as measures3
of student academic growth for educator evaluations and professional4
development in the school year following the school year in which the5
assessments are administered. In any year in which a local board 
OR THE6
INSTITUTE does not receive the state assessment results by the deadline for7
the written evaluation reports, the local board 
OR THE INSTITUTE must use8
alternate measures of student academic growth, including the results of9
local assessments if available.10
(3) (a)  An evaluation report shall be issued upon the completion11
of an evaluation made pursuant to this section and must:12
(II)  Contain a written improvement plan that is specific as to what13
improvements, if any, are needed in the performance of the licensed
14
EDUCATION personnel and clearly sets forth recommendations for15
improvements, including recommendations for additional education and16
training; during the licensed person's license renewal process;17
(b)  A school district, or board of cooperative services, OR THE18
INSTITUTE shall complete the written evaluations for all licensed19
EDUCATION personnel employed by the school district, or board of20
cooperative services, 
OR AN INSTITUTE CHARTER SCHOOL and shall report21
the final performance ratings for all licensed
 EDUCATION personnel who22
were evaluated to the department no later than October 15 of the school23
year following the school year for which the evaluations are completed.24
(3.2) (b)  In addition to the items specified in subsection (3) of this25
section, each principal's evaluation shall MUST include input from the26
teachers employed in the principal's school and may include input from27
HB24-1363
-46- the students enrolled in the school and their parents. Each school district1
AND THE INSTITUTE shall specify the manner in which input from teachers2
and from students and parents, if any, is collected but shall ensure that the3
information collected remains anonymous and confidential. 4
(3.3)  Each principal or administrator who is responsible for5
evaluating licensed EDUCATION personnel shall keep records and6
documentation for each evaluation conducted. Each principal and7
administrator who is responsible for evaluating licensed EDUCATION8
personnel shall be evaluated as to how well he or she THE PRINCIPAL AND9
ADMINISTRATOR complies with this section and with the school district's10
OR THE INSTITUTE'S evaluation system.11
(4) (a)  Except as provided in subsection (4)(b) of this section, a12
person shall not be IS NOT responsible for the evaluation of licensed13
EDUCATION personnel unless the person has a principal or administrator14
license issued pursuant to article 60.5 of this title 22, or is a designee of15
a person with a principal or administrator license, and has received16
education and training in evaluation skills provided or approved by the17
department that will enable the person to make fair, professional, and18
credible evaluations of the personnel whom the person is responsible for19
evaluating. Pursuant to section 22-9-104 (1.5), the department shall make20
available at no cost to each school district, and board of cooperative21
services, 
AND THE INSTITUTE training for persons who are responsible for22
evaluating licensed
 EDUCATION personnel. A person shall not be issued23
a principal or administrator license or have a principal or administrator24
license renewed unless the state board determines that the person has25
received education and training provided or approved by the department.26
(c)  Each school district, and board of cooperative services, AND27
HB24-1363
-47- THE INSTITUTE is encouraged to provide training to multiple persons to1
serve as evaluators to enable a licensed person EDUCATION PROFESSIONAL2
being evaluated to request an alternative evaluator.3
(4.5) (b)  Any person whose performance evaluation includes a4
remediation plan shall be given an opportunity to improve his or her THE5
PERSON'S effectiveness through the implementation of the plan. If the next6
performance evaluation shows that the person is performing effectively,7
no further action shall NEEDS TO be taken concerning the original8
performance evaluation. If the evaluation shows the person is still not9
performing effectively, he or she THE PERSON shall receive written notice10
that his or her THE PERSON'S performance evaluation shows a rating of11
ineffective, a copy of the documentation relied upon in measuring the12
person's performance, and identification of deficiencies. Each school13
district 
AND THE INSTITUTE shall ensure that a nonprobationary teacher14
who objects to a rating of ineffectiveness has an opportunity to appeal15
that rating, in accordance with a fair and transparent process developed,16
where applicable, through collective bargaining. At a minimum, the17
appeal process provided shall
 MUST allow a nonprobationary teacher to18
appeal the rating of ineffectiveness to the superintendent of the school19
district 
OR THE INSTITUTE BOARD and shall place the burden upon the20
nonprobationary teacher to demonstrate that a rating of effectiveness was21
appropriate. The appeal process shall
 MUST take no longer than ninety22
days, and the nonprobationary teacher shall MUST not be subject to a23
possible loss of nonprobationary status until after a final determination24
regarding the rating of ineffectiveness is made. For a person who receives25
a performance rating of ineffective, the evaluator shall either make26
additional recommendations for improvement or may recommend the27
HB24-1363
-48- dismissal of the person, which dismissal shall MUST be in accordance with1
the provisions of article 63 of this title TITLE 22 if the person is a teacher2
EMPLOYED BY A SCHOOL DISTRICT OR A BOARD OF COOPERATIVE3
SERVICES. This paragraph (b) shall SUBSECTION (4.5)(b)take TAKES effect4
at such THE time as THE INITIAL PHASE OF IMPLEMENTATION OF the5
performance evaluation system based on quality standards established6
pursuant to this section and the rules promulgated by the state board7
pursuant to section 22-9-105.5 has ARE completed the initial phase of8
implementation and has been implemented statewide. The commissioner9
shall provide notice of such implementation to the revisor of statutes on10
or before July 1, 2014, and each July 1 thereafter until statewide11
implementation occurs.12
(5)  The school district, or board of cooperative services, licensed13
OR INSTITUTE EDUCATION personnel performance evaluation system,14
processes, and procedures must be in accord with the rules adopted by the15
state board. The system shall MUST be developed after consultation with16
the school district or board of cooperative services licensed EDUCATION17
personnel performance evaluation council created pursuant to section18
22-9-107 with regard to the planning, development, adoption, and19
implementation of such THE system, and said THE council shall conduct20
a continuous evaluation of said THE system.21
(6)  Pursuant to subsection (1.5) of this section, the department22
shall approve REVIEW any school district's, or board of cooperative23
services', 
OR THE INSTITUTE'S local licensed
 OR INSTITUTE EDUCATION24
personnel performance evaluation system and related processes and25
procedures to determine whether such system, processes, and procedures26
are consistent with this article ARTICLE 9.27
HB24-1363
-49- (7)  Every principal must be evaluated using multiple fair,1
transparent, timely, rigorous, and valid methods. The recommendations2
developed pursuant to this subsection (7) must require that thirty percent3
of the evaluation is determined by the academic growth of the students4
enrolled in the principal's school, and the remainder of the evaluation is5
based on the principal's attainment of the quality standards. For6
principals, the quality standards must include, but need not be limited to:7
(b)  The number and percentage of licensed EDUCATION personnel8
in the principal's school who are rated as effective or highly effective; and9
(c)  The number and percentage of licensed EDUCATION personnel10
in the principal's school who are rated as ineffective but are improving in11
effectiveness.12
SECTION 23. In Colorado Revised Statutes, 22-9-107, amend13
(1), (2), and (3) as follows:14
22-9-107.  School district and institute personnel performance15
evaluation councils - duties. (1)  T
HE INSTITUTE AND every school16
district and board of cooperative services in the state subject to the17
provisions of this article
 ARTICLE 9 shall have an advisory school district18
personnel performance evaluation council, or advisory board of19
cooperative services personnel performance evaluation council, which,20
shall, at a minimum, MUST consist of the following members to be21
appointed by the local board of education, or board of cooperative22
services, 
OR INSTITUTE:23
(a)  In the case of a school district, one teacher, one administrator,24
and one principal from the school district; one resident from the school25
district who is a parent of a child attending a school within said
 THE26
district; and one resident of the school district who is not a parent with a27
HB24-1363
-50- child in the district; or1
(b)  In the case of a board of cooperative services, one teacher, one2
administrator, and one principal representative of the school district or3
districts participating in the board of cooperative services; one person4
employed by the board of cooperative services who is defined as licensed5
A MEMBER OF THE EDUCATION personnel; pursuant to section 22-9-1036
(1.5); one resident who is a parent of a child attending a school within7
said THE district or districts; and one resident representative of the school8
district or districts participating in the board of cooperative services who9
is not a parent with a child in said THE district or districts; OR10
(c)  I
N THE CASE OF THE INSTITUTE , ONE TEACHER, ONE11
ADMINISTRATOR, AND ONE PRINCIPAL REPRESENTATIVE OF INSTITUTE12
CHARTER SCHOOLS; ONE PERSON WHO IS A PARENT OR LEGAL GUARDIAN13
OF A CHILD ATTENDING AN INSTITUTE CHARTER SCHOOL ; AND ONE14
RESIDENT OF A COMMUNITY WHERE AN INSTITUTE CHARTER SCHOOL IS15
LOCATED WHO IS NOT A PARENT WITH A CHILD ATTENDING AN INSTITUTE16
CHARTER SCHOOL.17
(2)  Said
 THE council shall consult with the local board or board18
of cooperative services as to the fairness, effectiveness, credibility, and19
professional quality of the licensed EDUCATION personnel performance20
evaluation system and its processes and procedures and shall conduct a21
continuous evaluation of said THE system.22
(3)  The council for a school district 
OR THE INSTITUTE may be23
composed of any other school district 
OR INSTITUTE committee having24
proper membership, as defined in subsection (1) of this section.25
SECTION 24. In Colorado Revised Statutes, 22-9-108, amend26
(1), (2), (3) introductory portion, and (3)(d) as follows:27
HB24-1363
-51- 22-9-108.  Evaluator training - universities and colleges -1
duties. (1) (a)  The general assembly finds that credible, fair, and2
professional evaluations of licensed EDUCATION personnel depend upon3
high-quality, effective training for principals and administrators that is4
consistent across the state. Therefore, the state board, in evaluating and5
approving educator preparation programs pursuant to section 22-2-109,6
and in approving evaluator training programs provided by a school7
district, or a board of cooperative services, OR THE INSTITUTE, shall ensure8
that said programs meet the requirements specified in this section.9
(b)  Every university and college within the state that has a10
principal or administrator preparation program shall ensure that the11
program includes training in the evaluation of licensed EDUCATION12
personnel that meets the requirements specified in this section. In13
addition, the university or college shall cooperate with the state board in14
connection with the state board's duties under PURSUANT TO sections15
22-9-104 and 22-2-109.16
(c)  T
HE INSTITUTE, AND every school district and board of17
cooperative services that provides training in the evaluation of licensed
18
EDUCATION personnel shall ensure that such THE training meets the19
requirements specified in this section.20
(2)  Each university or college that offers a principal or21
administrator preparation program, or school district, or board of22
cooperative services, 
OR THE INSTITUTE that provides evaluator training23
shall structure the evaluator training program on a standards-based skill24
outcome model that takes into account research concerning evaluation of25
licensed
 EDUCATION personnel. At a minimum, each evaluator training26
program shall MUST include standards-based performance assessments of27
HB24-1363
-52- each participant, demonstrated competency, and certification by the1
university, college, school district, or board of cooperative services, OR2
THE INSTITUTE of the skills mastered by each participant. The university,3
college, school district, or board of cooperative services, OR THE4
INSTITUTE shall work collaboratively with principals and administrators5
who are responsible for evaluating licensed EDUCATION personnel to6
develop research-based standards for assessing and certifying evaluator7
skills. The university, college, school district, or board of cooperative8
services, 
OR THE INSTITUTE shall regularly review both the model for the9
evaluator training program and the program performance standards to10
ensure that they continue to reflect research concerning evaluation of11
licensed
 EDUCATION personnel.12
(3)  At a minimum, each evaluator training program shall MUST13
include training in the following areas:14
(d)  School district 
OR INSTITUTE standards and state mandates.15
SECTION 25. In Colorado Revised Statutes, 22-9-109, amend16
(1) introductory portion and (2) as follows:17
22-9-109.  Exemption from public inspection.18
(1)  Notwithstanding the provisions of
 section 24-72-204 (3), C.R.S., the19
evaluation report and all public records as defined in section 24-72-20220
(6), C.R.S., used in preparing the evaluation report shall be ARE21
confidential and shall be ARE available only to the licensed person22
EDUCATION PROFESSIONAL being evaluated, to the duly elected and23
appointed public officials who supervise his or her THE EDUCATION24
PROFESSIONAL'S work, and, IF APPLICABLE, to a hearing officer conducting25
a hearing pursuant to the provisions of section 22-63-302 or the court of26
appeals reviewing a decision of the board of education pursuant to the27
HB24-1363
-53- provisions of section 22-63-302; except that:1
(2)  Nothing in this section shall prevent PREVENTS a school2
district, or a board of cooperative services, OR THE INSTITUTE from3
collecting information concerning an individual educator's performance4
evaluation ratings and student assessment results linked to the individual5
educator. A school district, or board of cooperative services, OR THE6
INSTITUTE may use the information collected to fulfill its duties as7
required by law, including reporting this information in the aggregate at8
the state, district, or school level. In such instances, the identity of9
individual educators or students, including, but not limited to, student10
assessments results linked to the individual educator, must otherwise11
remain confidential and must not be published or publicly disclosed in12
any way that would identify an individual educator.13
SECTION 26. In Colorado Revised Statutes, 23-78-105, amend14
(2)(a)(I) as follows:15
23-78-105.  Teacher mentor grant program - created -16
standards - report. (2)  A partnership consisting of at least one local17
education provider and at least one educator preparation program may18
submit an application for a grant to the department of higher education in19
accordance with guidelines adopted by the department. The department20
shall establish the application requirements, which must include a plan by21
which the applicant intends to sustain the teacher mentor program after22
the grant period ends. In selecting grant recipients, the department shall23
ensure, to the extent practicable, that the grant recipients include24
applicants of varying size from rural, urban, and suburban areas across25
the state. The department may award grants only to those applicants that26
commit to implementing a teacher mentor program that:27
HB24-1363
-54- (a)  Recruits only teachers who have at least three years of1
experience teaching and, to the extent practicable:2
(I)  Are rated effective or higher through a licensed AN EDUCATION3
personnel performance evaluation system pursuant to article 9 of title 22;4
and5
SECTION 27. Safety clause. The general assembly finds,6
determines, and declares that this act is necessary for the immediate7
preservation of the public peace, health, or safety or for appropriations for8
the support and maintenance of the departments of the state and state9
institutions.10
HB24-1363
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