Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 12-0659.01 Julie Pelegrin x2700 HOUSE BILL 12-1225 HOUSE SPONSORSHIP Ramirez, SENATE SPONSORSHIP Steadman, House Committees Senate Committees Education A BILL FOR AN ACT Concerning designation as a model charter school authorizer. 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://www.leg.state.co.us/billsummaries.) The bill creates a process by which a school district board of education or the state charter school institute (authorizer) may seek designation as a model authorizer. An authorizer may apply for model authorizer designation by submitting an application with supporting information and a fee. Model authorizer designation must be renewed annually. A model authorizer is not subject to statutory provisions concerning charter applications and authorizing and renewing charters but will establish its own requirements and procedures. If the decision of a model authorizer is appealed, there is a rebuttable presumption that the model authorizer's decision is valid and the state board of education (state board) will uphold the decision unless the appealing entity provides sufficient evidence to overcome the presumption. The state board will adopt rules establishing the procedures for applying for model authorizer designation; the practices an applicant must demonstrate, including minimum practices stated in the bill; a rubric for scoring an application; and the fee for initial and renewal applications. The department of education (department) will review each application and recommend to the state board whether to grant or renew model authorizer designation. The charter schools that are authorized by the applicant may submit written comments on the applicant's practices. The state board will decide whether to grant or renew model authorizer designation in a public meeting at which it allows public testimony on the issue. The state treasurer will credit the application fees to the model authorizer cash fund. The moneys in the fund are subject to annual appropriation for the department's costs incurred in implementing the model authorizer process. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add part 8 to article 30.5 of title 22 as follows: PART 8 MODEL CHARTER SCHOOL AUTHORIZER 22-30.5-801. Definitions. As used in this part 8, unless the context otherwise requires: (1) "Authorizer" means a local school board that authorizes one or more charter schools pursuant to part 1 of this article or the institute created in part 5 of this article. (2) "Department" means the department of education created in section 24-1-115, C.R.S. (3) "Institute" means the state charter school institute created in section 22-30.5-503. (4) "Local school board" means a school district board of education. (5) "Model authorizer" means an authorizer that is designated as a model authorizer pursuant to this part 8. (6) "State board" means the state board of education created in section 1 of article IX of the state constitution. 22-30.5-802. Model authorizer designation - benefits. (1) An authorizer may apply to the state board for designation as a model authorizer as described in this part 8 by submitting an application, evidence of good practice, and a fee in accordance with rules adopted by the state board. Designation as a model authorizer is subject to annual renewal and may be renewed indefinitely. (2) Notwithstanding any provision of law to the contrary: (a) If a decision of a model authorizer concerning denial of a charter school application, nonrenewal or revocation of a charter school's charter or charter contract, or the unilateral imposition of conditions on a charter applicant or charter school is appealed pursuant to section 22-30.5-108, 22-30.5-510 (4) and (5), or 22-30.5-511 (5), there is a rebuttable presumption that the model authorizer's decision is valid. The state board shall uphold the model authorizer's decision unless the entity bringing the appeal provides sufficient evidence to overcome the presumption, as determined by the state board. (b) A model authorizer is not subject to the provisions of sections 22-30.5-106 and 22-30.5-107, if the model authorizer is a local school board, or sections 22-30.5-509 and 22-30.5-510, if the model authorizer is the institute. A model authorizer shall establish its own requirements for charter applications and the timing and procedure for consideration of charter applications. (c) A model authorizer is not subject to the provisions of section 22-30.5-110, if the model authorizer is a local school board, or section 22-30.5-511 (1) to (4), if the model authorizer is the institute. A model authorizer shall establish the period for which the charters it authorizes are valid and the procedures and requirements for renewing and revoking charters. 22-30.5-803. Model authorizer practices - review - rubric - rules. (1) On or before July 15, 2013, the state board shall promulgate rules pursuant to the "State Administrative Procedure Act", article 4 of title 24, C.R.S., to establish standards and procedures by which an authorizer may be designated as a model authorizer. The rules shall include: (a) Identification of the practices that an authorizer is required to demonstrate to be designated as a model authorizer, which practices include but need not be limited to the practices specified in subsection (2) of this section; (b) The procedures for applying for designation as a model authorizer, including applications for initial and renewed model authorizer designation and the evidence of practice that an authorizer submits with each application; (c) A scoring rubric that the department applies in evaluating an authorizer's performance regarding the required practices, including the relative weight assigned to each practice and the minimum scores an authorizer is required to achieve to be designated as a model authorizer; and (d) The fee an authorizer submits when applying for initial or renewed designation as a model authorizer. The fee amount cannot exceed the direct and indirect costs incurred by the department in reviewing applications for initial or renewed designation as a model authorizer. (2) At a minimum, an authorizer must demonstrate the following practices to be designated as a model authorizer: (a) The authorizer consistently meets the standards for charter school authorizers specified in state board rule; (b) The authorizer actively engages in new charter school development by regularly issuing requests for proposals for new charter schools; (c) The authorizer is proactive in sharing or otherwise allowing existing charter schools to use public school facilities and lands that the authorizer owns; (d) The authorizer equitably includes charter schools in all local mill levy and bond elections and equitably allocates to charter schools a portion of any revenues received as a result of these elections; and (e) The authorizer provides student transportation resources or assistance for purposes of transporting charter school students. (3) When the department receives an application for initial or renewed designation as a model authorizer, the department shall notify the authorizer's charter schools and give the charter schools opportunity to submit written statements concerning the authorizer's practices. A charter school that submits written comments shall simultaneously provide a copy of the written comments to the authorizer. (4) (a) The department shall review each application for initial or renewed designation as a model authorizer received pursuant to this part 8 and make recommendations to the state board based on the authorizer's performance on the rubric. The department may request additional information if it determines the application lacks any information necessary to complete the review and recommendation. (b) The state board shall consider the department's recommendations and decide whether to designate the applicant as a model authorizer or renew the applicant's designation in a regularly scheduled public meeting at which the state board shall allow public testimony concerning the application for initial or renewed designation as a model authorizer. 22-30.5-804. Model authorizer cash fund - created. (1) The department shall transmit all moneys received pursuant to this part 8 to the state treasurer, who shall credit the same to the model authorizer cash fund, which fund is hereby created and referred to in this part 8 as the "cash fund". The moneys in the cash fund are subject to annual appropriation by the general assembly to the department for the direct and indirect costs associated with implementing this part 8. (2) The state treasurer may invest any moneys in the cash fund not expended for the purpose of this part 8 as provided by law. The state treasurer shall credit all interest and income derived from the investment and deposit of moneys in the cash fund to the cash fund. Any unexpended and unencumbered moneys remaining in the cash fund at the end of a fiscal year remain in the cash fund and shall not be credited or transferred to the general fund or another fund. SECTION 2. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 8, 2012, if adjournment sine die is on May 9, 2012); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2012 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.