C.R.S. Section 22-30.5-107
Charter application

  • process

(1)

Intentionally left blank —Ed.

(a)

A charter applicant cannot apply to, or enter into a charter contract with, a school district unless a majority of the proposed charter school’s pupils, other than online pupils, will reside in the chartering school district or in school districts contiguous thereto.

(b)

The local board of education shall receive and review all applications for charter schools. If the local board of education does not review a charter application, that charter application is denied. For applications beginning in 2025, a charter applicant must file its application with the local board of education during the period beginning February 1 and ending April 1, eighteen months before the charter school is set to open. An application is considered filed when the school district administration receives the charter application from the charter applicant either in hard copy or electronically. Prior to any change in the application deadline, the local board of education shall notify the department and each charter school applicant in the district of the proposed change by certified letter. The local board of education shall not charge any application fees.

(c)

Within fifteen days after receiving a charter school application, the school district shall determine whether the application contains the minimum components specified in section 22-30.5-106 (1) and is therefore complete. If the application is not complete, the school district shall notify the charter applicant within the fifteen-day period and provide a list of the information required to complete the charter application. The charter applicant has fifteen days after the date it receives the notice to provide the required information to the local board of education for review. The local board of education is not required to take action on the charter application if the charter applicant does not provide the required information within the fifteen-day period. The school district may request additional information during the review period and provide reasonable time for the charter applicant to respond. The school district may, but is not required to, accept any additional information the charter applicant provides that the school district does not request. The district accountability committee shall review the complete charter school application at least fifteen days, if possible, before the local board of education takes action on the application.

(d)

Any date in this subsection (1) that falls on a weekend, a legal holiday, or a day school is not in session is extended to the next school day.

(1.5)

For purposes of reviewing a charter school application, a district accountability committee shall include at least:

(a)

One person with a demonstrated knowledge of charter schools, regardless of whether that person resides within the school district; and

(b)

One parent or legal guardian of a child enrolled in a charter school in the school district; except that, if there are no charter schools in the school district, the local board of education shall appoint a parent or legal guardian of a child enrolled in the school district.

(2)

After giving reasonable public notice, the local board of education shall hold community meetings in the affected areas or the entire school district to obtain information to assist the local board of education in its decision to approve a charter school application. The local board of education shall rule by resolution on the application for a charter school in a public hearing, upon reasonable public notice, no later than June 30. A charter school shall use the school and fiscal year, July 1 to June 30, following the submission of its charter application as a planning year, during which the charter school shall prepare for serving students the next school year. All negotiations between the charter school and the local board of education on the contract shall be concluded by, and all terms of the contract agreed upon, no later than ninety days after the local board of education rules by resolution on the application for a charter school or September 30, whichever date is later.

(2.5)

The charter applicant and the local board of education may jointly waive or extend the timelines set forth in this section. As specified in section 22-2-117, the local board of education may apply to the state board of education for a modification or waiver of the timelines set forth in this section. If the state board of education approves the waiver, the local board of education must publish notice of the waiver on the local board of education’s website within thirty days after the approval. The new timeline only applies to the applications submitted following the date of the public posting of the waiver.

(3)

If a local board of education denies a charter school application, does not review a charter school application, or unilaterally imposes conditions that are unacceptable to the charter applicant, the charter applicant may appeal the decision to the state board pursuant to section 22-30.5-108.

(3.5)

Nothing in this part 1 shall prohibit a school district from adopting one or more policies that encourage charter applicants to address specified school district needs.

(4)

If a local board of education denies or does not review a charter school application, it shall state its reasons for the denial or refusal to review. Within fifteen days after denying or refusing to review a charter school application, the local board of education shall notify the department of the denial or refusal and the reasons therefor. If a local board of education approves a charter application, it shall send a copy of the approved charter application to the department within fifteen days after approving the charter application.

(5)

A school district may unilaterally impose conditions on a charter applicant or on a charter school only through adoption of a resolution of the local board of education of the school district. If a local board adopts a resolution unilaterally imposing conditions on a charter applicant or on a charter school, the resolution shall, at a minimum, state the school district’s reasons for imposing the conditions unilaterally, despite the objections of the charter applicant or the charter school. The charter applicant or charter school may appeal the decision of the local board of education to unilaterally impose the conditions by filing the notice of appeal with the state board within thirty days after adoption of the resolution, as provided in section 22-30.5-108 (2)(a).

Source: Section 22-30.5-107 — Charter application - process, 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

§ 22-30.5-107’s source at colorado​.gov