C.R.S. Section 22-30.5-507
Institute charter school

  • requirements
  • authority
  • rules
  • definitions


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An institute charter school shall be a public, nonsectarian, nonreligious, non-home-based school that operates pursuant to a charter contract authorized by the state charter school institute.


An institute charter school shall exist as a public school within the state, unaffiliated with a school district. Nothing in this part 5 shall be construed to permit a school district to determine curriculum, policies, procedures, or operations of an institute charter school, including but not limited to compliance with the accountability provisions specified in this title, accreditation contracts, and statewide assessment requirements.


Each institute charter school authorized on or after July 1, 2008, shall include within its name the phrase “state charter school”.


An institute charter school shall be:


Subject to the terms of the charter contract entered into with the institute;


Accountable to the institute for purposes of ensuring compliance with applicable laws and charter contract provisions; and


Subject to accreditation by the institute board pursuant to the institute’s policy for accrediting the institute charter schools adopted pursuant to section 22-11-307 and section 22-30.5-505 (3)(b). Each institute charter school shall also be subject to annual review by the department pursuant to section 22-11-210.


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An institute charter school is subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, national origin, religion, ancestry, or need for special education services. Enrollment in an institute charter school must be open to any child who resides within the state; except that an institute charter school is not required to make alterations in the structure of the facility used by the institute charter school or to make alterations to the arrangement or function of rooms within the facility, except as may be required by state or federal law. Enrollment decisions shall be made in a nondiscriminatory manner specified by the applicant in the institute charter school application.


An institute charter school may give enrollment preference to children with disabilities, as defined in section 22-20-103. Upon approval of the state charter school institute, the institute charter school may develop and implement an enrollment preference plan to increase the enrollment of children with disabilities. In exercising the enrollment preference plan for children with disabilities, an institute charter school shall ensure compliance with the obligation to provide a free appropriate public education in the least restrictive environment pursuant to the federal “Individuals with Disabilities Education Act”, 20 U.S.C. sec. 1400 et seq., as amended. An institute charter school may allow a parent to voluntarily provide information regarding whether the parent’s child has a disability.


As used in this subsection (3):


“Protective hairstyle” includes such hairstyles as braids, locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and headwraps.


“Race” includes hair texture, hair type, or a protective hairstyle that is commonly or historically associated with race.


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An institute charter school shall be administered and governed by a governing body in a manner agreed to and set forth in the charter contract. Effective July 1, 2013, each institute charter school shall organize as a nonprofit corporation pursuant to the “Colorado Revised Nonprofit Corporation Act”, articles 121 to 137 of title 7, C.R.S., which shall not affect its status as a public school for any purposes under Colorado law.


An entity that holds a charter authorized pursuant to this part 5 may choose to contract with an education management provider, which education management provider may be a for-profit, a nonprofit, or a not-for-profit entity, so long as the institute charter school maintains a governing board that is independent of the education management provider.


In order to clarify the status of institute charter schools for purposes of tax-exempt financing, an institute charter school, as a public school, is a governmental entity. Direct leases and financial obligations of an institute charter school shall not constitute debt or financial obligations of the state or any school district.


Except as otherwise provided in sections 22-20-109 (5), 22-32-115 (1) and (2), and 22-54-109, an institute charter school shall not charge tuition.


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Pursuant to the charter contract, an institute charter school may operate free from specified statutes and state board rules. The state board shall promulgate rules that list the automatic waivers for all charter schools, including institute charter schools. In promulgating the list of automatic waivers, the state board shall consider the overall impact and complexity of the requirements specified in the statute and the potential consequences that waiving the statute may have on the practices of a charter school, including an institute charter school. In accordance with its rule-making authority, the state board may review the list of automatic waivers at its discretion. Notwithstanding any provision of this subsection (7)(a) to the contrary, the state board shall not include the following statutes on the list of automatic waivers:


Section 22-9-106, concerning the performance evaluation system for licensed personnel;


Section 22-32-109 (1)(b), concerning procedures for competitive bidding in the purchase of goods and services, except professional services;


Section 22-32-109 (1)(n)(I) and (1)(n)(II)(B), concerning the annual school calendar;


Section 22-32-110 (1)(y), concerning the power to accept and expend gifts, donations, or grants; and


Part 2 of article 63 of this title 22, concerning the employment of licensed personnel.


An institute charter school may apply to the state board, through the institute, for a waiver of state statutes and state rules that are not automatic waivers. The state board may waive state statutory requirements or rules promulgated by the state board; except that the state board may not waive any statute or rule relating to:


School accountability committees as described in section 22-11-401;


The assessments required to be administered pursuant to section 22-7-1006.3;


The school performance reports pursuant to part 5 of article 11 of this title;


The provisions of the “Public School Finance Act of 1994”, article 54 of this title 22;


The “Children’s Internet Protection Act”, article 87 of this title 22;


The requirement to post on the internet the statutes for which waivers are granted as provided in section 22-44-305;


Any provisions of section 22-1-130 relating to notification to parents of alleged criminal conduct by institute charter school employees;


Section 22-33-106.1 concerning suspension and expulsion of students in preschool through second grade; or


Subsection (3) of this section and sections 22-32-110 (1)(k) and 22-63-206 (1) relating to discrimination based on hair texture, hair type, or a protective hairstyle that is commonly or historically associated with race.


A waiver of state statute or state board rule made pursuant to this subsection (7) is for the term of the contract for which the waiver is made. A request for a waiver may be submitted to the institute as a part of the application for an institute charter school. If the institute applies to the state board for a waiver on behalf of an institute charter school, the institute is only required to provide a complete copy of the signed charter contract.


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An institute charter school shall be responsible for its own operation including, but not limited to, preparation of a budget, contracting for services, and personnel matters.


An institute charter school may negotiate and contract with a school district, the governing body of a state college or university, a school food authority, a charter school collaborative, a board of cooperative services, another institute charter school, a district charter school, or any third party for the use of a school building and grounds, the operation and maintenance thereof, and the provision of any service, activity, or undertaking that the institute charter school is required to perform in order to carry out the educational program described in its charter contract. The institute charter school shall have standing to sue and be sued in its own name for the enforcement of any contract created pursuant to this paragraph (b).


An institute charter school is authorized to offer any educational program, including but not limited to an online program or online school pursuant to article 30.7 of this title, that may be offered by a school district, unless expressly prohibited by its charter contract or by state law.


All decisions regarding the planning, siting, and inspection of institute charter school facilities shall be made in accordance with section 22-32-124 and as specified by contract with the institute.


An institute charter school may apply for authorization as a school food authority pursuant to section 22-32-120.


An institute charter school may choose to apply, alone or with a consortium of charter schools, for a grant through a nonformulaic, competitive grant program created by a federal or state statute or program. If an institute charter school applies, alone or with a consortium of charter schools, for a grant, the institute charter school or consortium of charter schools is the local education agency only for the purposes of applying and determining eligibility for the grant and may request that the state charter school institute act as a fiscal manager for the institute charter school pursuant to section 22-30.5-503 (3.5) for purposes of grant management.


Pursuant to the provisions of section 22-32-110 (1)(jj), an institute charter school shall not withhold records required for enrollment in another school or institution of higher education or the diploma, transcript, or grades of any student for failure to pay a fine or fee or to return or replace school property.


An institute charter school shall annually distribute to each employee informational materials relating to federal student loan repayment programs and student loan forgiveness programs, including updated materials, received from the state charter school institute pursuant to section 22-30.5-505 (20). In addition to annual distribution, an institute charter school shall distribute the informational materials to newly hired employees as part of its employee orientation process. The institute charter school may distribute the informational materials to its employees through an e-mail to employees or as part of a mailing or regular communication to employees.

Source: Section 22-30.5-507 — Institute charter school - requirements - authority - rules - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-22.­pdf (accessed Oct. 20, 2023).

Short title
Legislative declaration
Charter school - requirements - authority - rules - definitions
Charter school networks - authority - definitions
Charter schools - status as public entities - requirements - charter school boards of directors and school leaders - duties - conflicts - applicable law - definitions
Charter schools - contract contents - regulations
Charter schools - alternative administrative units - process
Charter application - contents
Charter application - process
Optional charter school application timeline for rural school districts
Dispute resolution - governing policy provisions - appeal
Appeal - standard of review - procedures
Charter schools - reporting - publicizing - limits on enrollment - moratorium prohibited
Charter schools - term - renewal of charter - grounds for nonrenewal or revocation
Nonrenewal or revocation - qualified charter school - exceptions
Background investigation - charter school employees - information provided to department - definitions
Fingerprint-based criminal history record checks - charter school employees - procedures - exceptions - definitions
Charter schools - employee options
Charter schools - financing - guidelines - definitions
Charter schools - exclusive jurisdiction districts - authorized on or after July 1, 2004 - financing - definitions
Charter schools - at-risk supplemental aid - definitions - legislative declaration
Charter schools - additional aid from district
Charter schools - transportation plans
State board - department of education - duties - charter schools - evaluation - report
Construction of article - severability
Charter schools - school bullying policies required
Developmental education placement or assessment tests - intervention plans
Needs-based inclusion of charter schools in school district mill levy elections - eligibility - allocation of additional local revenues - definitions
Mill levy for charter school operating revenues
Charter schools - child sexual abuse and assault prevention plan
Legislative declaration
Independent charter schools - request for proposals - response contents
Review committee - membership - recommendations
Independent charter schools - selection
Independent charter schools - charter - term
Independent charter schools - expiration - renewal - conversion
Independent charter schools - employee options - financing options - guidelines
Short title
Legislative declaration
Needs-based inclusion of charter schools in district bond elections - eligibility - allocation of bond revenues
Mill levy for charter school capital construction
Direct payment of charter school bonds by the state treasurer and school districts
State charter school debt reserve fund - creation - use of fund moneys - legislative declaration
Replenishment of qualified charter school debt service reserve funds - additional responsibilities - state treasurer - qualified charter schools - definitions
Annual reports on bonds issued on behalf of charter schools - review by state auditor
Legislative declaration
State charter school institute - establishment - rules
School response framework
Institute chartering authority - institute charter schools - exclusive authority - retention - recovery - revocation
State charter school institute - institute board - appointment - powers and duties - rules
State charter school institute fund - created
Institute charter school - requirements - authority - rules - definitions
Institute charter schools - contract contents - regulations
Institute charter school application - contents
Institute charter school application - process - rule-making
Institute charter schools - term - renewal of contract - grounds for nonrenewal or revocation - appeal
Nonrenewal or revocation - qualified charter school - exceptions
Background investigation - prohibition against employing persons - institute charter school employees’ information provided to department
Institute charter schools - employee retirement funds
Institute charter schools - funding - at-risk supplemental aid - legislative declaration - definitions
Mill levy equalization - fund created - legislative declaration - definitions
Institute charter school - capital reserve, risk management, and instructional purposes
Institute charter school - additional aid
Institute charter school assistance fund - created - grants - loans - rules
Notice of precollegiate admission guidelines - report to Colorado commission on higher education
Institute charter school nutritional beverage policy
Institute charter school food allergy and anaphylaxis management policy required
Institute charter school standardized immunization information policy
Parent engagement - policy - communications - incentives
Institute charter schools - school bullying policies required
Restorative justice practices
Intervention strategies - students at risk of dropping out
Institute charter schools - children’s nutrition - no trans fats in school foods - definitions - rules
Individual career and academic plans
Developmental education placement or assessment tests - intervention plans
Intervention strategies - improving mathematics outcomes - definitions
Institute charter schools - child sexual abuse and assault prevention plan
Institute charter schools - use of restraints on students - certain restraints prohibited - reports and review process - complaints and investigations - rules - definitions
Contracting for facial recognition service by institute charter schools prohibited - definition - repeal
Testing for the presence of lead in drinking water in eligible schools - compliance with public health requirements - repeal
Short title
Charter school collaborative - creation - public status - structure
Charter school collaborative - nonexclusive
Administration fee
Short title
Emergency powers - request - orders - process - rules
Excess benefits - cancellation of contracts - civil action and penalty
Green check means up to date. Up to date

Current through Fall 2024

§ 22-30.5-507’s source at colorado​.gov