C.R.S. Section 22-30.5-105
Charter schools

  • contract contents
  • regulations

(1)

Intentionally left blank —Ed.

(a)

An approved charter application shall serve as the basis for a contract between a charter school and the chartering local board of education.

(b)

A local board of education may approve a charter school application submitted by a nonprofit entity and enter into a charter contract directly with the nonprofit entity to operate a charter school. A local board of education shall not approve a charter school application that is submitted by a for-profit entity or that identifies a for-profit entity as one of the charter applicants, and the local board of education shall not enter into a charter contract directly with a for-profit entity to operate a charter school.

(2)

Intentionally left blank —Ed.

(a)

The contract between a charter school and the chartering local board of education shall reflect all agreements regarding the release of the charter school from school district policies. Each charter school’s contract shall include a statement specifying the manner in which the charter school shall comply with the intent of the state statutes, state board rules, and district rules that are waived for the charter school by application.

(b)

Repealed.

(c)

A contract between a charter school and the chartering local board of education approved on or after July 1, 2002, shall specify:

(I)

If the contract is not a renewal of an expiring contract, the manner in which the school district governed by the local board of education will support any start-up facility needs of the charter school;

(II)

The manner in which the school district governed by the local board of education will support any long-term facility needs of the charter school;

(III)

The actions that the charter school must take in order to:

(A)

Have its capital construction needs included as part of the next ballot question for approval of bonded indebtedness to be submitted by the local board of education of its chartering school district to the voters of the district; or

(B)

Have the local board of education submit a ballot question for approval of a special mill levy to finance the capital construction needs of the charter school to the voters of the district pursuant to section 22-30.5-405;

(IV)

The financial information, including but not limited to an annual governmental audit, the charter school must report to the chartering school district, the deadline for reporting such information to the chartering school district in order to enable the chartering school district to comply with the requirements specified in this title and in rules promulgated by the state board pertaining to reporting financial information to the department of education, and the circumstances under which the chartering school district may withhold a portion of the charter school’s monthly payment as provided in section 22-30.5-112 (8) for failure to comply with financial reporting requirements specified in the contract; and

(V)

Whether, and the circumstances under which, the local board of education delegates to the charter school the authority to impose a transportation fee on students who are enrolled in the charter school and, if so, the procedures for imposition of the fee.

(3)

A contract between a charter school and the chartering local board of education shall reflect all requests for release of the charter school from state statutes and state board rules that are not automatic waivers and a list of the automatic waivers that the charter school is invoking. Within ten days after the contract is approved by the chartering local board of education, the chartering local board of education shall deliver to the state board any request for waiver of state statutes and state board rules that are not automatic waivers. The chartering local board of education shall request the release by submitting a complete copy of the signed charter contract. Within forty-five days after a request for release is received by the state board, the state board shall either grant or deny the request. If the state board grants the request, it may orally notify the chartering local board of education and the charter school of its decision. If the state board denies the request, it shall notify the chartering local board of education and the charter school in writing that the request is denied and specify the reasons for denial. If the chartering local board of education and the charter school do not receive notice of the state board’s decision within forty-five days after submittal of the request for release, the request shall be deemed granted. If the state board denies a request for release that includes multiple state statutes or state board rules, the denial shall specify the state statutes and state board rules for which the release is denied, and the denial shall apply only to those state statutes and state board rules so specified.

(4)

A material revision of the terms of a charter contract may be made only with the approval of the chartering local board of education and the governing body of the charter school.

(5)

A term included in a charter contract that would require a charter school to waive or otherwise forgo receipt of any amount of additional mill levy revenue due to the charter school as provided in section 22-32-108.5 or any amount of operational or capital construction money provided to the charter school pursuant to the provisions of this article 30.5 or pursuant to any other provision of law is hereby declared null and void as against public policy and is unenforceable. In no event shall this subsection (5) be construed to prohibit a charter school from contracting with its chartering local board of education for the purchase of services, including but not limited to the purchase of educational services.

(6)

A charter school that provides a half-day kindergarten educational program before the 2019-20 school year and chooses to expand the kindergarten educational program to a full day shall notify the chartering local board of education of the expansion of the kindergarten educational program and of the school year in which the anticipated program expansion takes effect. The charter school and the authorizing local board of education shall amend the charter contract as necessary to allow for the program expansion. If the local board objects to the program expansion, the local board shall provide to the charter school a written explanation of the grounds for its objection. If the charter school and the authorizing local board of education cannot agree on an amendment to the charter contract for the program expansion, the charter school may file a notice with the state board as provided in section 22-30.5-108 to appeal the decision of the local board concerning a unilateral imposition of conditions on the charter school. The state board shall decide the appeal in accordance with the provisions of section 22-30.5-108. Negotiations to amend the charter contract to allow the expansion of the kindergarten educational program shall not include negotiations regarding terms of the charter contract that are not directly impacted by the program expansion and shall not include reauthorization of the charter school.

Source: Section 22-30.5-105 — Charter schools - contract contents - regulations, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-22.­pdf (accessed Oct. 20, 2023).

22‑30.5‑101
Short title 22‑30.5‑102
Legislative declaration 22‑30.5‑103
Definitions 22‑30.5‑104
Charter school - requirements - authority - rules - definitions 22‑30.5‑104.7
Charter school networks - authority - definitions 22‑30.5‑104.9
Charter schools - status as public entities - requirements - charter school boards of directors and school leaders - duties - conflicts - applicable law - definitions 22‑30.5‑105
Charter schools - contract contents - regulations 22‑30.5‑105.3
Charter schools - alternative administrative units - process 22‑30.5‑106
Charter application - contents 22‑30.5‑107
Charter application - process 22‑30.5‑107.3
Optional charter school application timeline for rural school districts 22‑30.5‑107.5
Dispute resolution - governing policy provisions - appeal 22‑30.5‑108
Appeal - standard of review - procedures 22‑30.5‑109
Charter schools - reporting - publicizing - limits on enrollment - moratorium prohibited 22‑30.5‑110
Charter schools - term - renewal of charter - grounds for nonrenewal or revocation 22‑30.5‑110.3
Nonrenewal or revocation - qualified charter school - exceptions 22‑30.5‑110.5
Background investigation - charter school employees - information provided to department - definitions 22‑30.5‑110.7
Fingerprint-based criminal history record checks - charter school employees - procedures - exceptions - definitions 22‑30.5‑111
Charter schools - employee options 22‑30.5‑112
Charter schools - financing - guidelines - definitions 22‑30.5‑112.1
Charter schools - exclusive jurisdiction districts - authorized on or after July 1, 2004 - financing - definitions 22‑30.5‑112.2
Charter schools - at-risk supplemental aid - definitions - legislative declaration 22‑30.5‑112.3
Charter schools - additional aid from district 22‑30.5‑112.5
Charter schools - transportation plans 22‑30.5‑113
State board - department of education - duties - charter schools - evaluation - report 22‑30.5‑115
Construction of article - severability 22‑30.5‑116
Charter schools - school bullying policies required 22‑30.5‑117
Developmental education placement or assessment tests - intervention plans 22‑30.5‑118
Needs-based inclusion of charter schools in school district mill levy elections - eligibility - allocation of additional local revenues - definitions 22‑30.5‑119
Mill levy for charter school operating revenues 22‑30.5‑120
Charter schools - child sexual abuse and assault prevention plan 22‑30.5‑301
Legislative declaration 22‑30.5‑302
Definitions 22‑30.5‑303
Independent charter schools - request for proposals - response contents 22‑30.5‑304
Review committee - membership - recommendations 22‑30.5‑305
Independent charter schools - selection 22‑30.5‑306
Independent charter schools - charter - term 22‑30.5‑307
Independent charter schools - expiration - renewal - conversion 22‑30.5‑308
Independent charter schools - employee options - financing options - guidelines 22‑30.5‑401
Short title 22‑30.5‑402
Legislative declaration 22‑30.5‑403
Definitions 22‑30.5‑404
Needs-based inclusion of charter schools in district bond elections - eligibility - allocation of bond revenues 22‑30.5‑405
Mill levy for charter school capital construction 22‑30.5‑406
Direct payment of charter school bonds by the state treasurer and school districts 22‑30.5‑407
State charter school debt reserve fund - creation - use of fund moneys - legislative declaration 22‑30.5‑408
Replenishment of qualified charter school debt service reserve funds - additional responsibilities - state treasurer - qualified charter schools - definitions 22‑30.5‑409
Annual reports on bonds issued on behalf of charter schools - review by state auditor 22‑30.5‑501
Legislative declaration 22‑30.5‑502
Definitions 22‑30.5‑503
State charter school institute - establishment - rules 22‑30.5‑503.5
School response framework 22‑30.5‑504
Institute chartering authority - institute charter schools - exclusive authority - retention - recovery - revocation 22‑30.5‑505
State charter school institute - institute board - appointment - powers and duties - rules 22‑30.5‑506
State charter school institute fund - created 22‑30.5‑507
Institute charter school - requirements - authority - rules - definitions 22‑30.5‑508
Institute charter schools - contract contents - regulations 22‑30.5‑509
Institute charter school application - contents 22‑30.5‑510
Institute charter school application - process - rule-making 22‑30.5‑511
Institute charter schools - term - renewal of contract - grounds for nonrenewal or revocation - appeal 22‑30.5‑511.3
Nonrenewal or revocation - qualified charter school - exceptions 22‑30.5‑511.5
Background investigation - prohibition against employing persons - institute charter school employees’ information provided to department 22‑30.5‑512
Institute charter schools - employee retirement funds 22‑30.5‑513
Institute charter schools - funding - at-risk supplemental aid - legislative declaration - definitions 22‑30.5‑513.1
Mill levy equalization - fund created - legislative declaration - definitions 22‑30.5‑514
Institute charter school - capital reserve, risk management, and instructional purposes 22‑30.5‑515
Institute charter school - additional aid 22‑30.5‑515.5
Institute charter school assistance fund - created - grants - loans - rules 22‑30.5‑516
Notice of precollegiate admission guidelines - report to Colorado commission on higher education 22‑30.5‑517
Institute charter school nutritional beverage policy 22‑30.5‑518
Institute charter school food allergy and anaphylaxis management policy required 22‑30.5‑519
Institute charter school standardized immunization information policy 22‑30.5‑520
Parent engagement - policy - communications - incentives 22‑30.5‑521
Institute charter schools - school bullying policies required 22‑30.5‑522
Restorative justice practices 22‑30.5‑523
Intervention strategies - students at risk of dropping out 22‑30.5‑524
Institute charter schools - children’s nutrition - no trans fats in school foods - definitions - rules 22‑30.5‑525
Individual career and academic plans 22‑30.5‑526
Developmental education placement or assessment tests - intervention plans 22‑30.5‑526.5
Intervention strategies - improving mathematics outcomes - definitions 22‑30.5‑527
Institute charter schools - child sexual abuse and assault prevention plan 22‑30.5‑528
Institute charter schools - use of restraints on students - certain restraints prohibited - reports and review process - complaints and investigations - rules - definitions 22‑30.5‑529
Contracting for facial recognition service by institute charter schools prohibited - definition - repeal 22‑30.5‑530
Testing for the presence of lead in drinking water in eligible schools - compliance with public health requirements - repeal 22‑30.5‑601
Short title 22‑30.5‑602
Definitions 22‑30.5‑603
Charter school collaborative - creation - public status - structure 22‑30.5‑604
Charter school collaborative - nonexclusive 22‑30.5‑605
Administration fee 22‑30.5‑701
Short title 22‑30.5‑702
Definitions 22‑30.5‑703
Emergency powers - request - orders - process - rules 22‑30.5‑704
Excess benefits - cancellation of contracts - civil action and penalty
Green check means up to date. Up to date

Current through Fall 2024

§ 22-30.5-105’s source at colorado​.gov