First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 13-0007.01 Julie Pelegrin x2700 HOUSE BILL 13-1172 HOUSE SPONSORSHIP Priola, Murray, Holbert, Everett, Wilson, Joshi, Stephens, Szabo SENATE SPONSORSHIP Renfroe, Scheffel House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning accountability measures to increase parent involvement in the public schools in the elementary and secondary education system. 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.) Under existing law, if a public school fails to improve under a turnaround plan or operates under a priority improvement or turnaround plan for more than 5 consecutive school years, the state board of education (state board) directs the board of education of the school district (local school board) or the state charter school institute (institute) to take action to reconfigure the public school. The bill authorizes the parents of students enrolled in a public school that has operated under a priority improvement or turnaround plan for at least 2 consecutive years to submit a petition to the state board requesting the state board to direct the local school board or the institute to select an action to reform the public school immediately. The petition must be signed by at least 60% of the families of students enrolled in the public school if the school has been on a turnaround or priority improvement plan for 2 years and by more than 50% of the families of the students enrolled in the public school if the public school has been on a turnaround or priority improvement plan for more than 2 years. The parents must submit the petition by November 1 of the year preceding the year in which the public school would be reformed or by January 15 of the same year in which it would be reformed if the local school board or the institute appeals the public school's plan designation. The parents must submit a copy of the petition to the public school and the local school board when they submit it to the state board. Each petition must identify the public school to which it applies and include language concerning the effect of a person's signature on the petition. If the state board receives a petition, it must place consideration of the request on the agenda of the next regularly scheduled public state board meeting. The state board may choose to deny the petition, direct an action to take effect in the next school year, or reconsider the petition in the next school year. In reviewing the petition, the state board must consider whether the public school has improved its achievement in the preceding 2 years. If the state board chooses to direct the local school board or the institute to take an action to reform the public school, it may ask the commissioner of education to convene the state review panel to evaluate the public school and make recommendations, or it may recommend a specific action to the local school board or the institute. Within 30 days after receiving from the state board a direction to reform a public school, the local school board or the institute must hold a public meeting to select the action or actions it will implement. The local school board or the institute must implement the action by the following school year unless it receives an extension of time from the state board. The bill changes the accreditation categories for school districts and the institute from "accredited with distinction", "accredited", "accredited with improvement plan", "accredited with priority improvement plan", and "accredited with turnaround plan" to "A", "B", "C", D", and "F". Under current law, the department reviews the performance of each public school and recommends the type of school plan that the school must adopt. The local school board or the institute then assigns the public school to an accreditation level that correlates to the type of plan. Under the bill, the department will review each public school's performance and recommend to the state board the accreditation category to which the school will be assigned, and the state board will assign the school to an accreditation category. The accreditation categories are "A", "B", "C", "D", and "F". The local school board or the institute will ensure that the public school adopts a school plan that meets statutory requirements. A public school that has an "A" accreditation must adopt a plan that was previously labeled a "performance plan"; a public school that has a "B" or "C" accreditation must adopt a plan that was previously labeled an "improvement plan"; a public school that has a "D" accreditation must adopt a plan that was previously labeled a "priority improvement plan"; and a public school that has an "F" accreditation must adopt a plan that was previously labeled a "turnaround plan". Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 22-11-210 as follows: 22-11-211. Public schools - parent request for reform. (1) (a) Notwithstanding any provision of this article to the contrary, the parents of students enrolled in a public school that has a "D" or "F" accreditation for a combined total of at least two consecutive school years may request that the state board direct the local school board, for a district public school, or the institute, for an institute charter school, to reform the public school by implementing an action selected by the local school board or the institute from among the actions specified in section 22-11-210 (6) (a). (b) To request that the state board direct the local school board or the institute reform the public school, the parents must submit to the state board a petition signed by at least sixty percent of the families of the students enrolled in the school; except that, if the parents submit the petition after the public school has a "D" or "F" accreditation for a combined total of more than two consecutive school years, the petition must be signed by more than fifty percent of the families of the students enrolled in the school. A petition may include the signature of no more than one biological or adoptive parent or legal guardian from each student's household. If a petition includes the signature of more than one biological or adoptive parent or legal guardian from a student's household, the petition is valid, but only one signature from a household will be counted in determining whether the petition meets the requirements for the number of signatures specified in this paragraph (b). (c) When submitting a petition to the state board, the parents must simultaneously provide a copy of the petition to the affected public school and to the appropriate local school board if the affected public school is a school of a school district or to the institute if the affected school is an institute charter school. The parents must submit the petition by November 1 of the calendar year prior to the calendar year in which the action to reform the public school would take effect, or by January 15 of the calendar year in which the directed action would take effect if the school district or the institute appeals the assignment of the public school's accreditation category. (d) Each petition must identify the public school to which it applies and include the following statement at the top of each page: "By signing this petition, a person affirms that he or she is the parent or legal guardian of a student currently enrolled in the public school identified on this petition and that he or she understands that only one signature per family is allowed on this petition and duplicate signatures will not be counted." (2) Upon receiving a petition pursuant to this section, the state board shall place consideration of the petition on the agenda for its next regularly scheduled public board meeting. Following consideration at the public meeting, the state board may accept or reject the petition request or may choose to reconsider the petition request in the next school year. In considering the petition, the state board shall consider whether the public school has demonstrated improvement in its level of achievement on the performance indicators in the preceding two years. If it accepts the request, the state board must either direct the commissioner to assign the state review panel to evaluate the public school's performance and make recommendations as provided in section 22-11-210 (6) or direct the local school board or the institute to reform the public school by implementing one of the actions specified in section 22-11-210 (6) (a). The state board may recommend that the local school board or the institute implement a particular action specified in section 22-11-210 (6) (a). (3) Within thirty days after receiving a direction from the state board pursuant to this section to reform a public school, the local school board or the institute shall select from among the actions specified in section 22-11-210 (6) (a) the action or actions it will implement to reform the public school. At the public meeting at which it makes the selection, the local school board or the institute shall, upon request, take testimony from the parents of students enrolled in the public school that is the subject of the action. The local school board or the institute shall implement the action to take effect in the following school year; except that the state board may grant an extension of time of up to one full school year to implement the reform action based on a showing by the local school board or the institute that it is not feasible to implement the action in the next school year with the level of integrity necessary to make the reform action successful. SECTION 2. In Colorado Revised Statutes, 22-11-103, repeal (14), (24), (27), and (37) as follows: 22-11-103. Definitions. As used in this article, unless the context otherwise requires: (14) "Improvement plan" means: (a) The plan described in and adopted by a school district pursuant to section 22-11-304, in which case it may also be referred to more specifically as a "district improvement plan"; (b) The plan described in and adopted by the institute pursuant to section 22-11-304, in which case it may also be referred to more specifically as an "institute improvement plan"; or (c) The plan described in and adopted by a public school pursuant to section 22-11-404, in which case it may also be referred to more specifically as a "school improvement plan". (24) "Performance plan" means: (a) The plan described in and adopted by a school district pursuant to section 22-11-303, in which case it may also be referred to more specifically as a "district performance plan"; (b) The plan described in and adopted by the institute pursuant to section 22-11-303, in which case it may also be referred to more specifically as an "institute performance plan"; or (c) The plan described in and adopted by a public school pursuant to section 22-11-403, in which case it may also be referred to more specifically as a "school performance plan". (27) "Priority improvement plan" means: (a) The plan described in and adopted by a school district pursuant to section 22-11-305, in which case it may also be referred to more specifically as a "district priority improvement plan"; (b) The plan described in and adopted by the institute pursuant to section 22-11-305, in which case it may also be referred to more specifically as an "institute priority improvement plan"; or (c) The plan described in and adopted by a public school pursuant to section 22-11-405, in which case it may also be referred to more specifically as a "school priority improvement plan". (37) "Turnaround plan" means: (a) The plan described in and adopted by a school district pursuant to section 22-11-306, in which case it may also be referred to more specifically as a "district turnaround plan"; (b) The plan described in and adopted by the institute pursuant to section 22-11-306, in which case it may also be referred to more specifically as an "institute turnaround plan"; or (c) The plan described in and adopted by a public school pursuant to section 22-11-406, in which case it may also be referred to more specifically as a "school turnaround plan". SECTION 3. In Colorado Revised Statutes, 22-11-206, amend (3) (b) as follows: 22-11-206. Accreditation of school districts and institute - contracts - rules. (3) Each accreditation contract shall, at a minimum, address the following elements: (b) The school district's or the institute's adoption and implementation of its performance, improvement, priority improvement, or turnaround plan, whichever is appropriate the plan that the school district or institute is required to adopt based on the school district's or institute's accreditation category; SECTION 4. In Colorado Revised Statutes, 22-11-207, amend (1), (2) (e), (3), and (4) as follows: 22-11-207. Accreditation categories - criteria - rules. (1) The state board shall promulgate rules to establish the following accreditation categories that shall include, but need not be limited to for school districts and for the institute: (a) "Accredited with distinction" "A", meaning a school district or the institute is making excellent progress and meets or exceeds the statewide targets or targets annually set by the school district or the institute or exceeds statewide attainment on the performance indicators and is required to adopt and implement a performance plan as described provided in section 22-11-303; (b) "Accredited" "B", meaning a school district or the institute is making above average progress and meets statewide attainment on the performance indicators and is required to adopt and implement a performance plan as described provided in section 22-11-303 22-11-304; (c) "Accredited with improvement plan" "C", meaning the school district or the institute is making satisfactory progress, meets statewide attainment on some, but not all, performance indicators, and is required to adopt and implement an improvement a plan as provided in section 22-11-304; (d) "Accredited with priority improvement plan" "D", meaning the school district or the institute is making less than satisfactory progress, does not meet statewide attainment on most of the performance indicators, and is required to adopt and implement a priority improvement plan as provided in section 22-11-305; or (e) "Accredited with turnaround plan" "F", meaning the school district or the institute is failing to make adequate progress, does not meet statewide attainment on the performance indicators, and is required to adopt, with the commissioner's approval, and implement a turnaround plan as provided in section 22-11-306. (2) The state board shall promulgate rules establishing objective, measurable criteria that the department shall apply in determining the appropriate accreditation category for each school district and the institute, placing the greatest emphasis on attainment of the performance indicators. At a minimum, the rules shall take into consideration: (e) The improvements, changes, and interventions a school district or the institute implements in any public school of the district or institute charter school that is required to adopt an improvement, priority improvement, or turnaround plan has a "B", "C", "D", or "F" accreditation pursuant to section 22-11-210; (3) In promulgating rules pursuant to this section, the state board shall use clear, understandable language to describe the accreditation categories and the levels of attainment of the performance indicators, with the goal of providing a high degree of transparency in the accreditation process. The state board shall ensure that the required levels of achievement identified in the rules for each accreditation category are rigorous so that a school district's or the institute's accreditation category accurately represents the levels of academic achievement and growth obtained by the school district's or institution's students. (4) The state board by rule shall specify how long a school district or the institute may remain in an accreditation category that is below accredited "B"; except that the state board shall not allow a school district or the institute to remain at accredited with priority improvement plan the accreditation category of "D" or below for longer than a total of five consecutive school years before removing the school district's or the institute's accreditation as provided in section 22-11-209. SECTION 5. In Colorado Revised Statutes, 22-11-208, amend (1) (a), (1) (c), (1) (e), (2) introductory portion, (2) (c), and (3) introductory portion as follows: 22-11-208. Accreditation - annual review - supports and interventions - rules. (1) (a) The department shall annually review each school district's and the institute's performance and, based on the rules of the state board, determine the appropriate accreditation category for the school district or institute. The department shall notify each school district and the institute of its accreditation category and shall publish each school district's and the institute's accreditation category, with supporting data, on the data portal. The department shall also publish each school district's and the institute's performance, improvement, priority improvement, or turnaround plan whichever is applicable, on the data portal following adoption of the plan. (c) In reviewing school districts' and the institute's performance, the department, to the extent possible, shall evaluate the cost effectiveness of intervention strategies implemented by the state, school districts, and the institute in attempting to improve performance in school districts that are in an accreditation category that is lower than accredited have a "B" accreditation or lower or in the institute if it is in an accreditation category that is has a "B" accreditation or lower. than accredited. (e) The state board shall promulgate rules to ensure a school district's or the institute's right to a hearing before the state board to appeal placement in the accredited with turnaround plan category an "F" accreditation or removal of accreditation pursuant to section 22-11-209. (2) The department shall provide technical assistance and support to school districts that are accredited with improvement plan, accredited with priority improvement plan, or accredited with turnaround plan have a "B", "C", "D", or "F" accreditation and to the institute if it is accredited at any of those categories has a "B", "C", "D", or "F" accreditation. The department shall base the amount of technical assistance and support provided to a school district or the institute on the school district's or institute's degree of need for assistance and the department's available resources. Technical assistance and support may include, but need not be limited to: (c) Evaluation and feedback on the school district's or the institute's improvement, priority improvement, or turnaround plan. whichever is applicable. (3) The commissioner may assign the state review panel to critically evaluate a school district's priority improvement plan or the institute's priority improvement plan if the school district or the institute has a "D" accreditation. The commissioner shall assign the state review panel to critically evaluate a school district's turnaround plan or the institute's turnaround plan if the school district or the institute has an "F" accreditation. Based on its evaluation, the state review panel shall report to the commissioner and the state board recommendations concerning: SECTION 6. In Colorado Revised Statutes, 22-11-209, amend (1) (a) and (1) (b) as follows: 22-11-209. Removal of accreditation - recommendation - review - appeal - rules. (1) The department may recommend to the commissioner and the state board that the state board remove a school district's or the institute's accreditation if: (a) The school district or the institute is accredited with turnaround plan has an "F" accreditation and the department determines that the school district or the institute has failed to make substantial progress under its turnaround plan; or (b) The school district or the institute has been in the accredited with priority improvement plan category had a "D" accreditation or lower for five consecutive school years; or SECTION 7. In Colorado Revised Statutes, amend 22-11-210 as follows: 22-11-210. Public schools - annual review - accreditation - supports and interventions - rules. (1) The state board shall promulgate rules to establish the following accreditation categories for public schools: (a) "A", meaning the public school is making excellent progress and meets or exceeds the statewide targets or targets annually set by the school district or the institute or exceeds statewide attainment on the performance indicators and is required to adopt and implement a plan as provided in section 22-11-403; (b) "B", meaning the public school is making above average progress and meets statewide attainment on the performance indicators and is required to adopt and implement a plan as provided in section 22-11-404; (c) "C", meaning the public school is making satisfactory progress, meets statewide attainment on some, but not all, performance indicators, and is required to adopt and implement a plan as provided in section 22-11-404; (d) "D", meaning the public school is making less than satisfactory progress, does not meet statewide attainment on most of the performance indicators, and is required to adopt and implement a plan as provided in section 22-11-405; or (e) "F", meaning the public school is failing to make adequate progress, does not meet statewide attainment on the performance indicators, and is required to adopt, with the commissioner's approval, and implement a plan as provided in section 22-11-406. (1) (2) (a) The state board shall promulgate rules establishing objective, measurable criteria that the department shall apply in recommending to the state board that a the accreditation category for each public school shall implement a performance, improvement, priority improvement, or turnaround plan or that a public school shall be subject to restructuring. In promulgating the rules, the state board shall place the greatest emphasis on attainment of the performance indicators. In addition, the rules shall must, at a minimum, take into consideration: (I) A public school's level of attainment of the statewide and school district or institute targets on the performance indicators and the public school's level of attainment of its own annual targets; (II) A public school's level of attainment of the performance indicators compared with statewide attainment of the performance indicators; (III) The length of time during which a public school has been unable to meet the statewide targets, the school district or institute targets, or its own targets; (IV) The improvements, changes, and interventions a public school implements to improve its performance if it is not meeting the statewide targets, the school district or institute targets, or its own targets; and (V) The progress a public school makes in improving its performance and in moving closer to meeting the statewide targets, the school district or institute targets, and its own targets. (b) Notwithstanding any provision of paragraph (a) of this subsection (1) subsection (2) to the contrary, the state board shall promulgate rules establishing objective, measurable criteria that the department shall apply in recommending to the state board that an the accreditation category for each alternative education campus implement a performance, improvement, priority improvement, or turnaround plan or that an alternative education campus shall be subject to restructuring. The state board, in adopting the criteria for evaluating the performance of an alternative education campus, and the department, in applying the criteria, shall take into account the unique purposes of the campuses and the unique circumstances of and challenges posed by the students enrolled in the campuses. (c) In promulgating rules pursuant to this subsection (1) subsection (2), the state board shall use clear, understandable language to describe the criteria for determining the type of plan that assigning an accreditation category to a public school shall implement and the levels of attainment of the performance indicators, with the goal of providing a high degree of transparency in the public school performance review process. The state board shall ensure that the required levels of achievement identified in the rules for each accreditation category are rigorous so that a public school's accreditation category accurately represents the levels of academic achievement and growth obtained by the students enrolled in the public school. (d) The state board by rule shall specify how long a public school may implement an improvement, priority improvement, or turnaround plan continue with a "B", "C", "D", or "F" accreditation; except that the state board shall not allow a public school to continue implementing a priority improvement or turnaround plan with a "D" or "F" accreditation for longer than a combined total of five consecutive school years before requiring the school district or the institute to restructure or close the public school. (e) The state board by rule shall establish the time frames within which the department shall review each public school's performance, submit recommendations to the state board, and report to the public school and to the school's local school board or the institute the state board's determination regarding the type of plan the public school shall implement public school's accreditation category. The state board shall also establish by rule the time frames within which the public schools, or the public schools' local school boards or the institute board as appropriate, shall adopt the school plans and submit them to the department. The department shall publish each public school's plan on the data portal with the public school's accreditation category identified by the local school board or the institute and supporting data. (f) In reviewing public schools' performance, the department, to the extent possible, shall evaluate the cost effectiveness of intervention strategies implemented by the state, school districts, the institute, and the public schools in attempting to improve performance in public schools that are implementing school improvement, priority improvement, or turnaround plans have a "B", "C", "D", or "F" accreditation. (2) (3) (a) The department shall annually review each public school's performance and, based on the rules of the state board, recommend to the state board that the accreditation category for the public school shall implement a performance, improvement, priority improvement, or turnaround plan for the coming school year. Based on the department's recommendation, the state board shall notify the local school board for the public school, or the institute if the public school is an institute charter school, regarding the type of plan the public school shall implement. The local school board or the institute shall place the public school in the district or institute accreditation category that correlates to the public school's plan, based on the school district's or institute's school accreditation process public school's accreditation category. (b) Notwithstanding any provision of this article to the contrary, a school district with one thousand students or fewer may submit a single plan to satisfy the school district and school plan requirements, so long as the plan meets all state and federal requirements for school and district plans. A school district with more than one thousand but fewer than one thousand two hundred students may, upon request and at the department's discretion, submit a single plan to satisfy the school district and school plan requirements, so long as the plan meets all state and federal requirements for school and district plans. (3) (4) At the request of a district public school's local school board, or at the institute's request for an institute charter school, the department shall provide technical assistance and support to the public school, local school board, or institute in preparing and implementing the public school's improvement, priority improvement, or turnaround plan. The department shall base the amount of technical assistance and support provided to a public school, the local school board, or the institute on the school's degree of need for assistance and the department's available resources. Technical assistance and support may include, but need not be limited to: (a) Access to data and research to support interpretation of student data, decision-making, and learning; (b) Consultative services on best practices for improvement and implementation of intervention strategies, including, where appropriate, strategies that address early childhood education and student engagement and re-engagement; and (c) Evaluation and feedback on the public school's plan. (4) (5) The commissioner may assign the state review panel to critically evaluate a public school's priority improvement plan if the public school has a "D" accreditation and shall assign the state review panel to critically evaluate a public school's turnaround plan if the public school has an "F" accreditation. Based on its evaluation, the state review panel shall report to the commissioner and the state board recommendations concerning: (a) Whether the public school's leadership is adequate to implement change to improve results; (b) Whether the public school's infrastructure is adequate to support school improvement; (c) The readiness and apparent capacity of the public school's personnel to plan effectively and lead the implementation of appropriate actions to improve student academic performance within the school; (d) The readiness and apparent capacity of the public school's personnel to engage productively with and benefit from the assistance provided by an external partner; (e) The likelihood of positive returns on state investments of assistance and support to improve the public school's performance within the current management structure and staffing; and (f) The necessity that the public school remain in operation to serve students. (5) (6) (a) If a public school that has an "F" accreditation fails to make adequate progress under its turnaround plan or continues to operate under a priority improvement or turnaround plan have a "D" or "F" accreditation for a combined total of five consecutive school years, the commissioner shall assign the state review panel to critically evaluate the public school's performance and determine whether to recommend: (I) With regard to a district public school that is not a charter school, that the district public school should be managed by a private or public entity other than the school district; (II) With regard to a district or institute charter school, that the public or private entity operating the charter school or the governing board of the charter school should be replaced by a different public or private entity or governing board; (III) With regard to a district public school, that the district public school be converted to a charter school if it is not already authorized as a charter school; (IV) With regard to a district public school, that the district public school be granted status as an innovation school pursuant to section 22-32.5-104; or (V) That the public school be closed or, with regard to a district charter school or an institute charter school, that the public school's charter be revoked. (b) The state review panel shall present its recommendations to the commissioner and to the state board. Taking the recommendations into account, the state board shall determine which of the actions described in paragraph (a) of this subsection (5) subsection (6) the local school board for a district public school or the institute for an institute charter school shall take regarding the public school and direct the local school board or institute accordingly. (6) (7) If a public school is restructured, the department, to the extent possible, shall track the students enrolled in the public school in the school year preceding the restructuring to determine whether the students reenroll in the public school the following school year or transfer to another public school of the school district, an institute charter school, or a public school of another school district in the state. The department shall provide the student tracking information, without personally identifying the students, to the local school board or the institute upon request. SECTION 8. In Colorado Revised Statutes, 22-11-302, amend (1) (b) as follows: 22-11-302. School district accountability committees - powers and duties. (1) Each school district accountability committee shall have the following powers and duties: (b) To advise its local school board concerning preparation of, and annually submit to the local school board recommendations regarding the contents of, a district performance, improvement, priority improvement, or turnaround plan, whichever the district plan that is required based on the school district's accreditation category. In advising and preparing the recommendations, the school district accountability committee shall make reasonable efforts to consult in a substantive manner with the school accountability committees of the school district and shall compile and submit to the local school board the school performance, improvement, priority improvement, and turnaround school plans submitted by the school accountability committees pursuant to sections 22-11-403 to 22-11-406. SECTION 9. In Colorado Revised Statutes, 22-11-303, amend (1), (2), and (3) introductory portion as follows: 22-11-303. "A" accreditation - plan - school district or institute - contents - adoption. (1) (a) In accordance with time frames specified in state board rules, each local school board that is accredited or accredited with distinction has an "A" accreditation shall annually adopt a performance plan for the school district as described in subsection (3) of this section. (b) The school district accountability committee for the school district shall advise the local school board concerning preparation of the district performance plan and make recommendations to the local school board concerning the contents of the district performance plan. In advising and making its recommendations, the school district accountability committee shall take into account and incorporate any district public school performance, improvement, priority improvement, or turnaround plans received pursuant to sections 22-11-403 to 22-11-406. The local school board shall create and adopt the district performance plan, taking into account the advice and recommendations of the school district accountability committee. (c) The local school board shall submit the adopted district performance plan to the department for publication on the data portal and shall ensure that the district performance plan is in effect for the school district and the district public schools within the time frames specified in state board rule. The local school board shall also make copies of the district performance plan available to members of the public upon request. (2) (a) In accordance with time frames specified in state board rules, the institute board, if it is accredited or accredited with distinction has an "A" accreditation, shall annually adopt an institute performance plan as described in subsection (3) of this section. (b) Prior to creating the institute performance plan, the institute shall compile the institute charter school performance, improvement, priority improvement, and turnaround plans prepared for each institute charter school pursuant to sections 22-11-403 to 22-11-406. The institute shall take the compilation of plans into account in creating and adopting the institute performance plan. (c) The institute shall submit the adopted institute performance plan to the department for publication on the data portal and shall ensure that the institute performance plan is in effect for the institute and the institute charter schools within the time frames specified in state board rule. The institute shall also make copies of the institute performance plan available to members of the public upon request. (3) A district or institute performance plan shall must be designed to raise the academic performance of students enrolled in the school district or in the institute charter schools and to ensure that the school district or the institute, following the next annual accreditation review, attains a higher accreditation category or remains in the same accreditation category. if the school district or institute is accredited with distinction. At a minimum, each district and institute performance plan shall: SECTION 10. In Colorado Revised Statutes, 22-11-304, amend (1), (2), and (3) introductory portion as follows: 22-11-304. "B" or "C" accreditation - school district or institute - plan contents - adoption. (1) (a) In accordance with the time frames specified in state board rule, each school district that is accredited with improvement plan has a "B" or "C" accreditation shall annually adopt and implement a district improvement plan as described in subsection (3) of this section. (b) The school district accountability committee for the school district shall advise the local school board concerning preparation of the district improvement plan and make recommendations to the local school board concerning the contents of the district improvement plan. In advising and making its recommendations, the school district accountability committee shall take into account and incorporate any district public school performance, improvement, priority improvement, or turnaround plans received pursuant to sections 22-11-403 to 22-11-406. The local school board shall create and adopt the district improvement plan, taking into account the advice and recommendations of the school district accountability committee. (c) The local school board shall submit the adopted district improvement plan to the department for publication on the data portal and shall ensure that the district improvement plan is in effect for the school district and the district public schools within the time frames specified in state board rule. The local school board shall also make copies of the district improvement plan available to members of the public upon request. (2) (a) If the institute is accredited with improvement plan has a "B" or "C" accreditation, the institute board shall, in accordance with the time frames specified in state board rule, adopt and implement an institute improvement plan as described in subsection (3) of this section. In preparing the institute improvement plan, the institute board shall take into account and incorporate any institute charter school performance, improvement, priority improvement, and turnaround plans received pursuant to sections 22-11-403 to 22-11-406. (b) The institute shall submit the adopted institute improvement plan to the department for publication on the data portal and shall ensure that the institute improvement plan is in effect for the institute and the institute charter schools within the time frames specified by state board rule. The institute shall also make copies of the institute improvement plan available to members of the public upon request. (3) A district improvement plan or an institute improvement plan shall must be designed to ensure that the school district or the institute improves its performance to the extent that, following completion of its next annual accreditation review, the school district or the institute attains a higher accreditation category. At a minimum, a district improvement plan or an institute improvement plan shall: SECTION 11. In Colorado Revised Statutes, 22-11-305, amend (1), (2), and (3) introductory portion as follows: 22-11-305. "D" accreditation - school district or institute - plan contents - adoption. (1) (a) In accordance with the time frames specified in state board rule, each school district that is accredited with priority improvement plan has a "D" accreditation shall annually adopt and implement a district priority improvement plan as described in subsection (3) of this section. (b) The school district accountability committee for the school district shall advise the local school board concerning preparation of the district priority improvement plan and make recommendations to the local school board concerning the contents of the district priority improvement plan. In advising and making its recommendations, the school district accountability committee shall take into account and incorporate any district public school performance, improvement, priority improvement, or turnaround plans received pursuant to sections 22-11-403 to 22-11-406. The local school board shall create and adopt the district priority improvement plan, taking into account the advice and recommendations of the school district accountability committee. (c) The commissioner, subject to available appropriations, may assign the state review panel to critically evaluate the district priority improvement plan and recommend to the commissioner modifications to the plan. The commissioner may recommend to the local school board modifications to the district priority improvement plan, taking into consideration any recommendations of the state review panel. (d) The local school board shall submit the adopted district priority improvement plan to the department for publication on the data portal and shall ensure that the district priority improvement plan is in effect for the school district and the district public schools within the time frames specified in state board rule. The local school board shall also make copies of the district priority improvement plan available to members of the public upon request. (2) (a) If the institute is accredited with priority improvement plan has a "D" accreditation, the institute board shall, in accordance with the time frames specified in state board rule, adopt and implement an institute priority improvement plan as described in subsection (3) of this section. In preparing the institute priority improvement plan, the institute board shall take into account and incorporate any institute charter school performance, improvement, priority improvement, and turnaround plans received pursuant to sections 22-11-403 to 22-11-406. (b) The commissioner, subject to available appropriations, may assign the state review panel to critically evaluate the institute priority improvement plan and recommend to the commissioner modifications to the plan. The commissioner may recommend to the institute modifications to the institute priority improvement plan, taking into consideration any recommendations of the state review panel. (c) The institute shall submit the adopted institute priority improvement plan to the department for publication on the data portal and shall ensure that the institute priority improvement plan is in effect for the institute and the institute charter schools within the time frames specified by state board rule. The institute shall also make copies of the institute priority improvement plan available to members of the public upon request. (3) A district priority improvement plan or an institute priority improvement plan shall must be designed to ensure that the school district or the institute improves its performance to the extent that, following completion of its next annual accreditation review, the school district or the institute attains a higher accreditation category. At a minimum, a district priority improvement plan or an institute priority improvement plan shall: SECTION 12. In Colorado Revised Statutes, 22-11-306, amend (1), (2), (3) introductory portion, and (3) (d) (I) as follows: 22-11-306. "F" accreditation - school district or institute - plan content - adoption. (1) (a) In accordance with the time frames specified in state board rule, each school district that is accredited with turnaround plan has an "F" accreditation shall annually adopt and implement a district turnaround plan as described in subsection (3) of this section. (b) The school district accountability committee for the school district shall advise the local school board concerning preparation of the district turnaround plan and make recommendations to the local school board concerning the contents of the district turnaround plan. In advising and making its recommendations, the school district accountability committee shall take into account and incorporate any district public school performance, improvement, priority improvement, or turnaround plans received pursuant to sections 22-11-403 to 22-11-406. The local school board shall create and adopt the district turnaround plan, taking into account the advice and recommendations of the school district accountability committee. (c) Within the time frames specified in state board rule, the local school board shall submit the adopted district turnaround plan to the commissioner for review by the state review panel. The state review panel shall critically evaluate the adopted district turnaround plan and make recommendations to the commissioner and the state board concerning the issues specified in section 22-11-208 (3). The commissioner may approve the adopted district turnaround plan or suggest modifications to the plan, taking into consideration any recommendations of the state review panel. The local school board shall revise the adopted district turnaround plan, if necessary, and resubmit the plan for approval within the time frames specified by state board rule. (d) The local school board shall submit the final, approved district turnaround plan to the department for publication on the data portal and shall ensure that the final, approved district turnaround plan is in effect for the school district and the district public schools within the time frames specified in state board rule. The local school board shall also make copies of the final, approved district turnaround plan available to members of the public upon request. (2) (a) If the institute is accredited with turnaround plan has an "F" accreditation, the institute board shall, in accordance with the time frames specified in state board rule, adopt and implement an institute turnaround plan as described in subsection (3) of this section. In preparing the institute turnaround plan, the institute board shall take into account and incorporate any institute charter school performance, improvement, priority improvement, and turnaround plans received pursuant to sections 22-11-403 to 22-11-406. (b) Within the time frames specified in state board rule, the institute shall submit the adopted institute turnaround plan to the commissioner for review by the state review panel. The state review panel shall critically evaluate the adopted institute turnaround plan and make recommendations to the commissioner and the state board concerning the issues specified in section 22-11-208 (3). The commissioner shall approve the adopted institute turnaround plan or suggest modifications to the plan, taking into consideration any recommendations of the state review panel. The institute shall revise the adopted institute turnaround plan, if necessary, and resubmit the plan for approval within the time frames specified by state board rule. (c) The institute shall submit the final, approved institute turnaround plan to the department for publication on the data portal and shall ensure that the final, approved institute turnaround plan is in effect for the institute and the institute charter schools within the time frames specified by state board rule. The institute shall also make copies of the final, approved institute turnaround plan available to members of the public upon request. (3) A district turnaround plan or an institute turnaround plan shall must be designed to ensure that the school district or the institute improves its performance to the extent that, following completion of its next annual accreditation review, the school district or the institute attains a higher accreditation category. At a minimum, a district turnaround plan or an institute turnaround plan shall: (d) Identify specific, research-based strategies that are appropriate in scope, intensity, and type to address the needs and issues identified pursuant to paragraph (c) of this subsection (3), which strategies shall, at a minimum, include one or more of the following: (I) Employing a lead turnaround partner that uses research-based strategies and has a proven record of success working with schools under similar circumstances, which turnaround partner shall be immersed in all aspects of developing and collaboratively executing the turnaround plan and shall serve as a liaison to other school partners; SECTION 13. In Colorado Revised Statutes, amend 22-11-307 as follows: 22-11-307. Accreditation of public schools. (1) The local school board for each school district shall adopt policies for accreditation of the district public schools. The institute board shall adopt policies for accreditation of the institute charter schools. Each school district's and the institute's school accreditation policies, at a minimum, shall include: (a) The use of accreditation contracts that are comparable to the accreditation contract between a school district or the institute and the state board, as described in section 22-11-206; and (b) Accreditation categories that are comparable to the accreditation categories for school districts and the institute specified in section 22-11-207; (c) Determination of a public school's accreditation category based on the public school's level of attainment of the performance indicators; and (d) (b) Adoption and implementation of school performance, improvement, priority improvement, and turnaround plans as required by plans, as described in sections 22-11-403 to 22-11-406, based on the accreditation category the state board assigns to each public school pursuant to section 22-11-210 (1). and as described in sections 22-11-403 to 22-11-406. (2) In adopting its school accreditation policies, a local school board or the institute board may choose to be more rigorous in expectations and in the imposition of remedial actions than the system for accreditation of school districts and the institute specified in the provisions of part 2 of this article and the rules adopted pursuant to said part 2. (2.5) In adopting its school accreditation policies for its on-line programs and on-line schools, as defined in sections 22-30.7-102 (9) and 22-30.7-102 (9.5), a local school board or the institute board shall include a review of the on-line program's or school's alignment to the quality standards outlined in section 22-30.7-105 (3) (b). (3) Each local school board shall annually assign adopt a school plan for each of its district public schools to an accreditation category that correlates with the type of plan that the department determines, pursuant to section 22-11-210, the district public school is required to adopt that correlates to the accreditation category the state board assigns to each of the district public schools. The institute shall annually assign adopt a school plan for each institute charter school to an accreditation category that correlates with the type of plan that the department determines, pursuant to section 22-11-210, the institute charter school is required to adopt that correlates to the accreditation category the state board assigns to each of the institute charter schools. (4) If, pursuant to section 22-11-210 (5) 22-11-210 (6), the state board directs a local school board or the institute to restructure or close a public school, the local school board or the institute shall work with the department to implement the state board's directions. SECTION 14. In Colorado Revised Statutes, 22-11-402, amend (1) (b), (1) (c), and (1) (d) as follows: 22-11-402. School accountability committee - powers and duties - meetings. (1) Each school accountability committee shall have the following powers and duties: (b) To advise the principal of the public school and, in the case of a district public school, the superintendent of the school district concerning the preparation of a school performance or improvement plan, if either is required plan if the school has an "A", "B", or "C" accreditation pursuant to section 22-11-210, and to submit recommendations to the principal, and superintendent if applicable, concerning the contents of the performance or improvement plan; (c) To advise the local school board or the institute concerning the preparation of a school priority improvement or turnaround plan, if either is required plan if the school has a "D" or "F" accreditation pursuant to section 22-11-210, and to submit recommendations to the local school board or the institute concerning the contents of the priority improvement or turnaround plan; (d) To meet at least quarterly to discuss whether school leadership, personnel, and infrastructure are advancing or impeding implementation of the public school's performance, improvement, priority improvement, or turnaround plan whichever is applicable, or other progress pertinent to the public school's accreditation contract with the local school board or the institute; SECTION 15. In Colorado Revised Statutes, 22-11-403, amend (1), (2), (3) introductory portion, and (4) as follows: 22-11-403. "A" accreditation - school plan - contents. (1) (a) If the state board, pursuant to section 22-11-210, directs a district public school to adopt a performance plan assigns an "A" accreditation to a district public school, the school principal and the school district superintendent, or his or her designee, in accordance with time frames specified in state board rules, shall adopt a school performance plan as described in subsection (3) of this section for the district public school. (b) The school accountability committee for the district public school shall advise the principal concerning preparation of the performance school plan and make recommendations to the principal concerning the contents of the school performance plan. The principal, with the approval of the superintendent or his or her designee, shall create and adopt the school performance plan, taking into account the advice and recommendations of the school accountability committee. (c) The school district accountability committee shall include the adopted school performance plan in the compilation prepared pursuant to section 22-11-302 (1), and the local school board shall consider the adopted school performance plan in developing the budget required by section 22-44-108. The principal and the superintendent or his or her designee shall ensure that the school performance plan is in effect for the district public school within the time frames established in state board rules. (2) (a) If the state board, pursuant to section 22-11-210, directs an institute charter school to adopt a performance plan assigns an "A" accreditation to an institute charter school, the school principal, in accordance with time frames specified in state board rules, shall adopt a school performance plan as described in subsection (3) of this section for the institute charter school. (b) The school accountability committee for the institute charter school shall advise the principal concerning preparation of the performance school plan and make recommendations to the principal concerning the contents of the school performance plan. The principal shall create and adopt the school performance plan, taking into account the advice and recommendations of the school accountability committee. (c) The institute shall include the adopted school performance plan in the compilation prepared pursuant to section 22-11-303 (2) (b). The principal shall ensure that the school performance plan is in effect for the institute charter school within the time frames established in state board rules. (3) A school performance plan shall must be designed to raise the academic performance of students enrolled in the public school and to ensure that the public school, following the next annual performance review, attains a higher accreditation category or remains in the same accreditation category. if the public school is already accredited by the school district or the institute at the highest level. At a minimum, each school performance plan shall: (4) The local school board, on behalf of a district public school, or the institute, on behalf of an institute charter school, shall submit the school performance plan to the department for publication on the data portal. The public school shall make copies of the school performance plan available to members of the public upon request. SECTION 16. In Colorado Revised Statutes, 22-11-404, amend (1), (2), (3) introductory portion, and (4) as follows: 22-11-404. "B" or "C" accreditation - school plan - contents. (1) (a) If the state board, pursuant to section 22-11-210, directs a district public school to adopt an improvement plan assigns a "B" or "C" accreditation to a public school, the school principal and the school district superintendent, or his or her designee, in accordance with time frames specified in state board rules, shall adopt a school improvement plan, as described in subsection (3) of this section, for the district public school. (b) The school accountability committee for the district public school shall advise the principal concerning preparation of the school improvement plan and shall make recommendations to the principal concerning the contents of the school improvement plan. The principal, with the approval of the superintendent or his or her designee, shall create and adopt the school improvement plan, taking into account the advice and recommendations of the school accountability committee. Prior to adopting the school improvement plan, the principal shall hold a public hearing to review the plan as required in section 22-32-142 (2). (c) The school district accountability committee shall include the adopted school improvement plan in the compilation prepared pursuant to section 22-11-302 (1), and the local school board shall consider the adopted school improvement plan in developing the budget required by section 22-44-108. The principal and the superintendent, or his or her designee, shall ensure that the school improvement plan is in effect for the district public school within the time frames established in state board rules. (2) (a) If the state board, pursuant to section 22-11-210, directs an institute charter school to adopt an improvement plan assigns a "B" or "C" accreditation to an institute charter school, the school principal, in accordance with time frames specified in state board rules, shall adopt a school improvement plan, as described in subsection (3) of this section, for the institute charter school. (b) The school accountability committee for the institute charter school shall advise the principal concerning preparation of the school improvement plan and shall make recommendations to the principal concerning the contents of the school improvement plan. The principal shall create and adopt the school improvement plan, taking into account the advice and recommendations of the school accountability committee. Prior to adopting the school improvement plan, the principal shall hold a public hearing to review the plan as required in section 22-30.5-520 (2). (c) The institute shall include the adopted school improvement plan in the compilation prepared pursuant to section 22-11-303 (2) (b). The principal shall ensure that the school improvement plan is in effect for the institute charter school within the time frames established in state board rules. (3) A school improvement plan shall be designed to raise the academic performance of students enrolled in the public school and to ensure that the public school, following the next annual performance review, attains a higher accreditation category. At a minimum, each school improvement plan shall: (4) The local school board, on behalf of a district public school, or the institute, on behalf of an institute charter school, shall submit the school improvement plan to the department for publication on the data portal. The public school shall make copies of the school improvement plan available to members of the public upon request. SECTION 17. In Colorado Revised Statutes, 22-11-405, amend (1), (2), (3), (4) introductory portion, and (5) as follows: 22-11-405. "D" accreditation - school plan - contents. (1) (a) If the state board, pursuant to section 22-11-210, directs a district public school to adopt a priority improvement plan assigns a "D" accreditation to a district public school, the local school board, in accordance with time frames specified in state board rules, shall adopt a school priority improvement plan, as described in subsection (4) of this section, for the district public school. (b) The school accountability committee for the district public school shall advise the local school board concerning preparation of the school priority improvement plan and shall make recommendations to the local school board concerning the contents of the school priority improvement plan. The local school board shall create and adopt the school priority improvement plan, taking into account the advice and recommendations of the school accountability committee. Prior to adopting the school priority improvement plan, the local school board shall hold a public hearing to review the plan as required in section 22-32-142 (2). (c) The school district accountability committee shall include the adopted school priority improvement plan in the compilation prepared pursuant to section 22-11-302 (1), and the local school board shall consider the adopted school priority improvement plan in developing the budget required by section 22-44-108. The local school board shall ensure that the school priority improvement plan is in effect for the district public school within the time frames established in state board rules. (2) (a) If the state board, pursuant to section 22-11-210, directs an institute charter school to adopt a priority improvement plan assigns a "D" accreditation to an institute charter school, the institute, in accordance with time frames specified in state board rules, shall adopt a school priority improvement plan, as described in subsection (4) of this section, for the institute charter school. (b) The school accountability committee for the institute charter school shall advise the institute concerning preparation of the school priority improvement plan and shall make recommendations to the institute concerning the contents of the school priority improvement plan. The institute shall create and adopt the school priority improvement plan, taking into account the advice and recommendations of the school accountability committee. Prior to adopting the school priority improvement plan, the institute shall hold a public hearing to review the plan as required in section 22-30.5-520 (2). (c) The institute shall include the adopted school priority improvement plan in the compilation prepared pursuant to section 22-11-303 (2) (b). The institute shall ensure that the school priority improvement plan is in effect for the institute charter school within the time frames established in state board rules. (3) The commissioner, subject to available appropriations, may assign the state review panel to critically evaluate a public school's priority improvement plan and report to the commissioner any recommended modifications to the plan. The commissioner may recommend to the local school board or the institute modifications to the school priority improvement plan, taking into consideration any recommendations of the state review panel. (4) A school priority improvement plan shall be designed to ensure that the public school improves its performance to the extent that, following completion of the public school's next annual performance review, the public school attains a higher accreditation category. At a minimum, a school priority improvement plan shall: (5) The local school board, on behalf of a district public school, or the institute, on behalf of an institute charter school, shall submit the school priority improvement plan to the department for publication on the data portal. The public school shall make copies of the school priority improvement plan available to members of the public upon request. SECTION 18. In Colorado Revised Statutes, 22-11-406, amend (1), (2), (3) introductory portion, (3) (d) (I), and (4) as follows: 22-11-406. "F" accreditation - school plan - contents. (1) (a) If the state board, pursuant to section 22-11-210, directs a district public school to adopt a turnaround plan assigns an "F" accreditation to a district public school, the local school board, in accordance with time frames specified in state board rules, shall adopt a school turnaround plan, as described in subsection (3) of this section, for the district public school. Each district public school turnaround plan shall also be subject to evaluation by the state review panel and may be subject to revisions requested by the commissioner as provided in this subsection (1). (b) The school accountability committee for the district public school shall advise the local school board concerning preparation of the school turnaround plan and shall make recommendations to the local school board concerning the contents of the school turnaround plan. The local school board shall create and adopt the school turnaround plan, taking into account the advice and recommendations of the school accountability committee. Prior to adopting the school turnaround plan, the local school board shall hold a public hearing to review the plan as required in section 22-32-142 (2). (c) Within the time frames specified in state board rule, the local school board shall submit the adopted school turnaround plan to the commissioner for evaluation by the state review panel. The state review panel shall critically evaluate the adopted school turnaround plan and make recommendations to the commissioner and the state board concerning the issues specified in section 22-11-210 (5). The commissioner may suggest modifications to the plan, taking into consideration any recommendations of the state review panel and may require that those plan modifications be made prior to the date when the state board enters into an accreditation contract with the district pursuant to section 22-11-206. The local school board shall revise the school turnaround plan, if necessary, and resubmit the plan for approval within the time frames specified in state board rule. The local school board shall ensure that the final, approved school turnaround plan is in effect for the district public school within the time frames specified in state board rule. (d) The school district accountability committee shall include the final, approved school turnaround plan in the compilation prepared pursuant to section 22-11-302 (1), and the local school board shall consider the final, approved school turnaround plan in developing the budget required by section 22-44-108. (e) The local school board shall submit the final, approved school turnaround plan to the department for publication on the data portal. The district public school shall make copies of the final, approved school turnaround plan available to members of the public upon request. (2) (a) If the state board, pursuant to section 22-11-210, directs an institute charter school to adopt a turnaround plan assigns an "F" accreditation to an institute charter school, the institute, in accordance with time frames specified in state board rules, shall adopt a school turnaround plan, as described in subsection (3) of this section, for the institute charter school. Each institute charter school turnaround plan shall also be subject to evaluation by the state review panel and may be subject to revisions requested by the commissioner as provided in this subsection (2). (b) The school accountability committee for the institute charter school shall advise the institute concerning preparation of the school turnaround plan and shall make recommendations to the institute concerning the contents of the school turnaround plan. The institute shall create and adopt the school turnaround plan, taking into account the advice and recommendations of the school accountability committee. Prior to adopting the school turnaround plan, the institute shall hold a public hearing to review the plan as required in section 22-30.5-520 (2). (c) Within the time frames specified in state board rule, the institute shall submit the adopted school turnaround plan to the commissioner for evaluation by the state review panel. The state review panel shall critically evaluate the adopted school turnaround plan and make recommendations to the commissioner and the state board concerning the issues specified in section 22-11-210 (5). The commissioner may suggest modifications to the plan, taking into consideration any recommendations of the state review panel and may require that those plan modifications be made prior to the date when the state board enters into an accreditation contract with the institute pursuant to section 22-11-206. The institute shall revise the school turnaround plan, if necessary, and resubmit the plan for approval within the time frames specified in state board rule. The institute shall ensure that the final, approved school turnaround plan is in effect for the institute charter school within the time frames specified in state board rule. (d) The institute shall include the final, approved school turnaround plan in the compilation prepared pursuant to section 22-11-303 (2) (b). The institute shall submit the final, approved school turnaround plan to the department for publication on the data portal. The institute charter school shall make copies of the final, approved school turnaround plan available to members of the public upon request. (3) A school turnaround plan shall be designed to ensure that the public school improves its performance to the extent that, following completion of the public school's next annual performance review, the public school attains a higher accreditation category. At a minimum, a school turnaround plan shall: (d) Identify specific, research-based strategies that are appropriate in scope, intensity, and type to address the needs and issues identified pursuant to paragraph (c) of this subsection (3), which strategies shall, at a minimum, include one or more of the following: (I) Employing a lead turnaround partner that uses research-based strategies and has a proven record of success working with schools under similar circumstances, which turnaround partner shall be immersed in all aspects of developing and collaboratively executing the turnaround plan and shall serve as a liaison to other school partners; (4) The general assembly may appropriate such moneys as are available to assist school districts and the institute in improving the academic growth of students in public schools that are required to adopt school turnaround plans have an "F" accreditation. In addition, the department may allocate any moneys received pursuant to the federal "No Child Left Behind Act of 2001", 20 U.S.C. sec. 6301 et seq., for such purpose. SECTION 19. In Colorado Revised Statutes, 22-11-502, amend (2) (c), (2) (d), (2) (e), and (2) (f) as follows: 22-11-502. Data portal - creation - contents. (2) At a minimum, the department shall publish on the data portal the following items: (c) The accreditation category, with supporting data, for each public school in the state, as determined by the local school board or the institute, whichever is applicable state board pursuant to section 22-11-210; (d) For each public school in the state, the school performance, improvement, priority improvement, or turnaround plan whichever is appropriate based on the state board's direction pursuant to section 22-11-210 based on the public school's accreditation category; (e) For each school district in the state, the district performance, improvement, priority improvement, or turnaround plan whichever is appropriate based on the school district's accreditation category; and (f) For the institute, the institute performance, improvement, priority improvement, or turnaround plan whichever is appropriate based on the institute's accreditation category. SECTION 20. In Colorado Revised Statutes, 22-11-504, amend (1) (b) and (2) (b); and repeal (1) (c) and (2) (c) as follows: 22-11-504. School district and institute reporting requirements. (1) Each school district shall annually report to the department for each of the district public schools: (b) For each district public school, the school performance, improvement, priority improvement, or turnaround plan whichever is appropriate adopted based on the direction from accreditation category that the state board assigns pursuant to section 22-11-210; and (c) The accreditation category, with supporting data, for each district public school; and (2) The institute shall annually report to the department for each institute charter school: (b) For each institute charter school, the school performance, improvement, priority improvement, or turnaround plan whichever is appropriate adopted based on the direction from accreditation category that the state board assigns pursuant to section 22-11-210; and (c) The accreditation category, with supporting data, for each institute charter school; and SECTION 21. In Colorado Revised Statutes, 22-1-122, amend (1) (a), (2) (b) (III), (2) (b) (IV), (3), (4), and (6) (a) as follows: 22-1-122. Transportation token program - legislative declaration - eligibility - fund. (1) (a) It is the intent of the general assembly in enacting this section to improve opportunities for students to gain the knowledge and skills necessary for a successful experience in postsecondary education or as members of the work force. The general assembly finds that a student should not be compelled by the lack of transportation to remain in a school that is required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, has a "D" or "F" accreditation or is subject to restructuring pursuant to section 22-11-210. It is therefore in the best interests of the citizens of the state to make transportation tokens available to eligible students to enable them to attend a public school that is not required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, does not have a "D" or "F" accreditation and that the school district has identified as an available choice. (2) As used in this section, unless the context otherwise requires: (b) "Eligible student" means a student: (III) (A) Who is enrolled in a neighborhood school that is required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, has a "D" or "F" accreditation or is subject to restructuring pursuant to section 22-11-210; or (B) Who has been in attendance elsewhere in the public school system or who is entering first grade and whose parent or legal guardian has been notified that the student has been assigned to a school that is required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, has a "D" or "F" accreditation or is subject to restructuring pursuant to section 22-11-210; and (IV) Who, while enrolled in the neighborhood school that is required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, has a "D" or "F" accreditation or is subject to restructuring pursuant to section 22-11-210, met the attendance policies of the school district of the neighborhood school, adopted pursuant to section 22-33-104 (4). (3) (a) There is hereby created in the department the transportation token program, referred to in this section as the "program", to assist a parent or legal guardian of an eligible student in transporting the student to a public school, other than a neighborhood public school, which other school is not required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, does not have a "D" or "F" accreditation and which other school has been identified by the school district as an available choice. Pursuant to rules adopted by the state board, the parent or legal guardian of an eligible student may apply to the program to receive a transportation token for use in transporting the student to the nearest of said public schools that is not a neighborhood school. (b) An eligible student shall continue receiving transportation tokens pursuant to this section so long as he or she continues to meet the requirements specified for an eligible student in paragraph (b) of subsection (2) of this section; except that, after the first year in which an eligible student receives transportation tokens, the requirement specified in subparagraph (III) of paragraph (b) of subsection (2) of this section shall no longer apply. An eligible student shall no longer receive transportation tokens pursuant to this section if he or she moves to another residence, the neighborhood school for which was required to implement a performance or improvement plan pursuant to section 22-11-403 or 22-11-404, respectively, had an "A", "B", or "C" accreditation during the school year preceding the year in which the student initially enrolls; except that the eligible student may receive transportation tokens in school years following initial enrollment in the new neighborhood school if he or she again meets the requirements specified for an eligible student in paragraph (b) of subsection (2) of this section. (4) The state board shall determine a monetary value for the transportation token issued at each public school that is required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, has a "D" or "F" accreditation or is subject to restructuring pursuant to section 22-11-210. The monetary value may cover a portion of the transportation costs. The transportation token may take the form of, but is not limited to, subsidized tokens, passes, or fares for buses, taxis, or other forms of transportation approved by the state board. In determining the value of a transportation token, the state board shall take into account the various transportation options available to the eligible student and the distance to be traveled by the eligible student to attend a public school outside of the student's neighborhood. The transportation token used by an eligible student shall be redeemable by a transportation provider through the department. (6) (a) The department shall ensure that for each eligible student the school district of the neighborhood school shall: (I) Timely notify the eligible student's parent or legal guardian of all options available pursuant to this section as soon as the neighborhood school is required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, receives a "D" or "F" accreditation or is subject to restructuring pursuant to section 22-11-210; and (II) Offer each eligible student's parent or legal guardian an opportunity to enroll the student in another public school within the district that is not required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, does not have a "D" or "F" accreditation and that the school district has identified as an available choice. SECTION 22. In Colorado Revised Statutes, 22-2-502, amend (2) as follows: 22-2-502. Definitions. As used in this part 5, unless the context otherwise requires: (2) "Low-performing, high-needs school" means a school that is required to submit a priority improvement or turnaround plan has a "D" or "F" accreditation pursuant to section 22-11-210. SECTION 23. In Colorado Revised Statutes, 22-2-504, amend (2) as follows: 22-2-504. National board for professional teaching and principal standards certification compensation - study. (2) Beginning with the 2009-10 school year, subject to available appropriations, an additional annual stipend of three thousand two hundred dollars shall be awarded to any teacher or principal who meets the criteria set forth in subsection (1) of this section and who is employed as of May 1 in a given school year in a low-performing, high-needs school. Subject to available appropriations, a teacher or principal shall continue to receive the additional stipend award pursuant to this subsection (2) if he or she remains employed in a school that was previously a low-performing, high-needs school but improved sufficiently to implement an improvement or performance plan receive an "A", "B", or "C" accreditation pursuant to section 22-11-210. The additional stipend for such teachers and principals shall be subject to the same restrictions and requirements as set forth in subsection (1) of this section. SECTION 24. In Colorado Revised Statutes, 22-7-604.5, amend (2.5) (a); and repeal (2.5) (b) as follows: 22-7-604.5. Alternative education campuses - criteria - application - rule-making. (2.5) (a) The department shall annually review the performance of each alternative education campus based on the criteria specified by rule of the state board pursuant to section 22-11-210 (1) (b) and shall recommend to the commissioner and the state board whether the accreditation category in which the alternative education campus shall adopt a performance, improvement, priority improvement, or turnaround plan, as said plans are described in sections 22-11-403 to 22-11-406 be placed. Based on the recommendations, the state board, pursuant to section 22-11-210 (2), shall notify each alternative education campus and its district school board, or the institute if the alternative education campus is an institute charter school, of the type of plan the alternative education campus shall adopt accreditation category assigned to the alternative education campus. In adopting its school plan, each alternative education campus shall comply with the provisions of sections 22-11-403 to 22-11-406, as applicable. (b) The district school board for an alternative education campus or the institute, if the alternative education campus is an institute charter school, shall specify the accreditation category for the alternative education campus in accordance with the accreditation process adopted by the district school board or the institute pursuant to section 22-11-307. SECTION 25. In Colorado Revised Statutes, 22-27.5-102, amend (7) as follows: 22-27.5-102. Definitions. As used in this article, unless the context otherwise requires: (7) "Qualified school" means a public school, including but not limited to a charter school, that serves any of grades six through twelve and that is required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, has a "D" or "F" accreditation or is subject to restructuring pursuant to section 22-11-210 for the school year in which the public school seeks a grant through the grant program. SECTION 26. In Colorado Revised Statutes, 22-30.5-104, amend (2) (b) as follows: 22-30.5-104. Charter school - requirements - authority. (2) (b) A charter school shall be is a public school of the school district that approves its charter application and enters into a charter contract with the charter school. In accordance with the requirement of section 15 of article IX of the state constitution, the charter school shall be is subject to the accreditation policies adopted by the school district's local board of education pursuant to the school district's policy for accrediting the public schools of the school district adopted pursuant to section 22-11-307 and section 22-32-109 (1) (mm). The charter school shall also be is also subject to annual review by the department and assignment of an accreditation category by the state board pursuant to section 22-11-210. SECTION 27. In Colorado Revised Statutes, 22-30.5-110, amend (1) (b) and (3.5) as follows: 22-30.5-110. Charter schools - term - renewal of charter - grounds for nonrenewal or revocation. (1) (b) During the term of a charter, the school district shall annually review the charter school's performance. At a minimum, the review includes the charter school's progress in meeting the objectives identified in the plan the charter school is required to implement based on its accreditation category assigned pursuant to section 22-11-210 and objectives based on the results of the charter school's most recent annual financial audit. The school district shall provide to the charter school written feedback from the review and shall include the results of the charter school's annual review in the body of evidence that the local board of education takes into account in deciding whether to renew or revoke the charter and that supports the renegotiation of the charter contract. (3.5) If a charter school is required to implement a turnaround plan pursuant to section 22-11-210 (2) has an "F" accreditation for a second consecutive school year, the charter school shall present to its authorizing local board of education, in addition to the turnaround school's plan adopted pursuant to section 22-11-406, a summary of the changes made by the charter school to improve its performance, the progress made in implementing the changes, and evidence, as requested by the local board of education, that the charter school is making sufficient improvement to attain a higher accreditation category within two school years or sooner. If the local board of education finds that the charter school's evidence of improvement is not sufficient or if the charter school is required to implement a turnaround plan receives an "F" accreditation for a third consecutive school year, the local board of education may revoke the school's charter. SECTION 28. In Colorado Revised Statutes, 22-30.5-304, amend (1) (e) (II) and (1) (f) (II) as follows: 22-30.5-304. Review committee - membership - recommendations. (1) Whenever an independent charter school is to be organized pursuant to this part 3, on or before the date specified by rule adopted by the state board in accordance with section 22-30.5-303 (2) (b), the commissioner shall cause a review committee to be formed. The review committee shall consist of: (e) (II) In appointing a principal pursuant to this paragraph (e), the governor shall appoint a principal of a public school that received the highest possible accreditation rating pursuant to the accreditation policy implemented pursuant to section 22-11-307 by the public school's local board of education or by the state charter school institute, whichever is applicable, had an "A" accreditation for the immediately preceding school year. (f) (II) In appointing a teacher pursuant to this paragraph (f), the governor shall appoint a teacher from a public school that received the highest possible accreditation rating pursuant to the accreditation policy implemented pursuant to section 22-11-307 by the public school's local board of education or by the state charter school institute, whichever is applicable had an "A" accreditation for the immediately preceding school year; and SECTION 29. In Colorado Revised Statutes, 22-30.5-306, amend (3) (b) as follows: 22-30.5-306. Independent charter schools - charter - term. (3) (b) Notwithstanding the provisions of paragraph (a) of this subsection (3), if, during the year prior to the year in which the independent charter school is to open, the school is required to implement a priority improvement plan, an improvement plan, or a performance plan pursuant to section 22-11-405, 22-11-404, or 22-11-403, respectively receives a "D" accreditation or higher pursuant to section 22-11-210, the local board of education and the applicant may jointly agree to allow the school to remain under the administration of the local board of education. SECTION 30. In Colorado Revised Statutes, 22-30.5-307, amend (1) and (2) as follows: 22-30.5-307. Independent charter schools - expiration - renewal - conversion. (1) If an independent charter school is required receives an "F" accreditation pursuant to section 22-11-210 to implement a turnaround plan during the third year of the school's independent charter, the state board shall issue a new request for proposals pursuant to section 22-30.5-303 (2), and a new independent charter school application process shall commence. (2) If an independent charter school is required to implement a priority improvement plan, improvement plan, or performance plan pursuant to section 22-11-405, 22-11-404, or 22-11-403, respectively, receives a "D" accreditation or higher pursuant to section 22-11-210 during the third year of the school's independent charter, the parents and legal guardians of the students enrolled at the independent charter school shall decide by majority vote whether, at the expiration of the independent charter school's charter, the school shall apply for a renewal of the independent charter or shall seek to become a regular school of the school district in which the independent charter school is located. SECTION 31. In Colorado Revised Statutes, 22-30.5-507, amend (2) introductory portion and (2) (c) as follows: 22-30.5-507. Institute charter school - requirements - authority - rules. (2) An institute charter school shall be is: (c) Subject to the accreditation policies for institute charter schools adopted 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 is also subject to annual review by the department and assignment of an accreditation category by the state board pursuant to section 22-11-210. SECTION 32. In Colorado Revised Statutes, 22-30.5-511, amend (2), (3) (c), and (4.5) as follows: 22-30.5-511. Institute charter schools - term - renewal of contract - grounds for nonrenewal or revocation - appeal. (2) During the term of a charter contract, the institute shall annually review the institute charter school's performance. At a minimum, the review includes the institute charter school's progress in meeting the objectives identified in the institute charter school's plan the institute charter school is required to implement based on the accreditation category assigned pursuant to section 22-11-210 and objectives based on the results of the institute charter school's most recent annual financial audit. The institute shall provide to the institute charter school written feedback from the review and shall include the results of the institute charter school's annual review in the body of evidence that the institute board takes into account in deciding whether to renew or revoke the charter contract and that supports the renegotiation of the charter contract. (3) The institute board may revoke or deny renewal of a charter contract if the institute board determines that the institute charter school did any of the following: (c) Was required to adopt a turnaround plan Received an "F" accreditation and the state board recommended pursuant to section 22-11-210 that the institute charter school be restructured; (4.5) If an institute charter school is required to implement a turnaround plan receives an "F" accreditation pursuant to section 22-11-210 (3) for a second consecutive school year, the institute charter school shall present to the institute board, in addition to the institute charter school's turnaround plan required by section 22-11-406, a summary of the changes made by the institute charter school to improve its performance, the progress made in implementing the changes, and evidence, as requested by the institute board, that the institute charter school is making sufficient improvement to attain a higher accreditation category within two school years or sooner. If the institute board finds that the institute charter school's evidence of improvement is not sufficient or if the institute charter school is required to implement a turnaround plan receives an "F" accreditation for a third consecutive school year, the institute board may revoke the school's charter contract. SECTION 33. In Colorado Revised Statutes, 22-30.5-520, amend (2) as follows: 22-30.5-520. Parent involvement - policy - communications - incentives. (2) If the state board of education, pursuant to section 22-11-210, determines that assigns a "B", "C", "D", or "F" accreditation to an institute charter school, is required to adopt and implement a school improvement plan as described in section 22-11-404, a school priority improvement plan as described in section 22-11-405, or a school turnaround plan as described in section 22-11-406, the institute charter school, within thirty days after receiving the initial notice of the determination assignment or, if the determination assignment is appealed, the final notice of the determination assignment, shall notify the parents of the students enrolled in the school of the required plan school's accreditation category and the issues identified by the department of education as giving rise to the need for the required plan in assigning the accreditation category. The notice shall also include the timeline for developing and adopting the required plan that the institute charter school is required to adopt pursuant to section 22-11-404, 22-11-405, or 22-11-406, whichever is applicable, and the date, time, and location of a public hearing to be held by the institute charter school or the institute, whichever is responsible for adopting the plan, to review the required plan prior to final adoption. At the public hearing, the institute charter school principal or the institute shall also review the institute charter school's progress in implementing its plan for the preceding year and in improving its performance. The date of the public hearing shall be at least thirty days after the date on which the institute charter school provides the written notice. SECTION 34. In Colorado Revised Statutes, 22-30.7-103, amend (3) (m) as follows: 22-30.7-103. Division of on-line learning - created - duties. (3) Duties. The on-line division shall have the following duties: (m) If the on-line division has reason to believe that an on-line program or on-line school is not in substantial compliance with one or more of the statutory or regulatory requirements applicable to on-line programs and on-line schools, to provide notice to the on-line program or on-line school, and its authorizer, and require that the on-line program or on-line school, together with its authorizer, address a plan for coming into compliance. The plan may be included in the school plan required adopted based on the accreditation category assigned pursuant to section 22-11-210 (3). SECTION 35. In Colorado Revised Statutes, 22-32-119.5, amend (2) (c) (IV) as follows: 22-32-119.5. Full-day kindergarten - legislative declaration - phase-in plan - report. (2) Each local board of education shall develop a plan to potentially phase in a full-day kindergarten program in the school district to be funded with state or local moneys provided specifically for such program. In developing the plan, each local board shall consider the following: (c) A method to identify the children who would most benefit from attending a full day of kindergarten, including but not limited to: (IV) Children who are enrolling in an elementary school that is required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, has a "D" or "F" accreditation or is subject to restructuring pursuant to section 22-11-210; SECTION 36. In Colorado Revised Statutes, 22-32-142, amend (2) as follows: 22-32-142. Parent involvement - policy - communications - incentives. (2) If the state board of education, pursuant to section 22-11-210, determines that a school of the school district is required to adopt and implement a school improvement plan as described in section 22-11-404, a school priority improvement plan as described in section 22-11-405, or a school turnaround plan as described in section 22-11-406 assigns to a school of the school district a "B", "C", "D", or "F" accreditation, the school district, within thirty days after receiving the initial notice of the determination assignment or, if the determination assignment is appealed, the final notice of the determination assignment, shall notify the parents of the students enrolled in the school of the required plan school's accreditation category and the issues identified by the department of education as giving rise to the need for the required plan in assigning the accreditation category. The notice shall also include the timeline for developing and adopting the required plan that the school is required to adopt pursuant to section 22-11-404, 22-11-405, or 22-11-406, whichever is applicable, and the date, time, and location of a public hearing held by the school principal or the district board of education, whichever is responsible for adopting the plan, to review the required plan prior to final adoption. At the public hearing, the school principal or the district board of education shall also review the school's progress in implementing its plan for the preceding year and in improving its performance. The date of the public hearing shall be at least thirty days after the date on which the school district provides the written notice. SECTION 37. In Colorado Revised Statutes, 22-36-101, amend (2) (a) as follows: 22-36-101. Choice of programs and schools within school districts. (2) (a) Every school district shall adopt such policies and procedures as are reasonable and necessary to implement the provisions of subsection (1) of this section, including, but not limited to, timelines for application to and acceptance in any program or school which may provide for enrollment of the student on or before the pupil enrollment count day, and, while adopting policies and procedures, the school district shall consider adopting a policy establishing that an applicant with a proficiency rating of unsatisfactory in one or more academic areas who attends a public school that is required to implement a turnaround plan pursuant to section 22-11-406 has an "F" accreditation or that is subject to restructuring pursuant to section 22-11-210 shall have priority over any other applicant for enrollment purposes. SECTION 38. In Colorado Revised Statutes, 22-54-123.5, amend (2) (a) as follows: 22-54-123.5. School breakfast program - appropriation - low-performing schools. (2) As used in this section: (a) "Low-performing school" means a school that is required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, has a "D" or "F" accreditation or is subject to restructuring pursuant to section 22-11-210. SECTION 39. In Colorado Revised Statutes, 22-60.5-305.5, amend (3) (e) as follows: 22-60.5-305.5. Alternative principal preparation program. (3) In designing an individualized alternative principal program, the school district shall, at a minimum, ensure that: (e) The individualized alternative principal program complements the school improvement plan, if one exists adopted pursuant to section 22-11-403, 22-11-404, 22-11-405, or 22-11-406, of the school in which the person who holds a principal authorization would be employed. SECTION 40. In Colorado Revised Statutes, 22-63-202, amend (2) (c.5) (VI) as follows: 22-63-202. Employment contracts - contracts to be in writing - duration - damage provision - repeal. (2) (c.5) (VI) The provisions of this paragraph (c.5) may be waived in whole or in part for a renewable four-year period by the state board of education pursuant to section 22-2-117, provided that the local school board applying for the waiver, in conjunction with the superintendent and teachers association in a district that has an operating master employment contract, if applicable, demonstrates that the waiver is in the best interest of students enrolled in the school district, supports the equitable distribution of effective teachers, and will not result in placement other than by mutual consent of the teacher in a school district or public school that is required to implement a priority improvement plan or turnaround plan has a "D" or "F" accreditation pursuant to article 11 of this title. Notwithstanding the provisions of this paragraph (c.5), a waiver shall not be granted for a request that extends the time for securing an assignment through school-based hiring for more than two years. SECTION 41. In Colorado Revised Statutes, 26-6.5-101.5, amend (7) (a) (I) as follows: 26-6.5-101.5. Definitions. As used in this part 1, unless the context otherwise requires: (7) "Eligible elementary school" means a public elementary school that: (a) (I) For the school year immediately preceding submission of the council's application for funding pursuant to section 26-6.5-106, is required to implement a priority improvement or turnaround plan as described in section 22-11-405 or 22-11-406, C.R.S., respectively, has a "D" or "F" accreditation or is subject to restructuring pursuant to section 22-11-210, C.R.S.; and SECTION 42. In Colorado Revised Statutes, 22-30.5-303, amend (1) as follows: 22-30.5-303. Independent charter schools - request for proposals - response contents. (1) Whenever the state board determines that it is necessary to recommend conversion of a public school to an independent charter school to a local board of education pursuant to the provisions of section 22-11-210 (5) section 22-11-210 (6), the state board shall issue a request for proposals pursuant to subsection (2) of this section and supervise the appointment of a review committee pursuant to section 22-30.5-304. SECTION 43. 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 7, 2013, if adjournment sine die is on May 8, 2013); 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 2014 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.