HOUSE BILL 981227
BY REPRESENTATIVES Schauer, Bacon, Leyba, and Reeser;
also SENATORS Blickensderfer, Arnold, and Lamborn.
CONCERNING AUTHORIZATION OF ALTERNATIVE EDUCATIONAL
PROGRAMS FOR STUDENTS IN PUBLIC SCHOOLS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 2233104
(1), (2) (d), and (2) (i), Colorado Revised Statutes, are amended
to read:
2233104. Compulsory school
attendance. (1) EXCEPT AS
OTHERWISE PROVIDED IN SUBSECTION (2) OF THIS SECTION, every child
who has attained the age of seven years and is under the age of
sixteen years, except as provided by this section, shall attend
public school for at least one thousand fiftysix hours if
a secondary school pupil or nine hundred sixtyeight hours
if an elementary school pupil during each school year; except
that in no case shall a school or schools be in session for fewer
than one hundred sixty days without the specific prior approval
of the commissioner of education.
(2) The provisions of subsection (1) of
this section shall not apply to a child:
(d) Who has been suspended, expelled,
or denied admission in accordance with the provisions of this
article; except that, when a pupil is expelled for the remainder
of the school year, the parent, guardian, or legal custodian is
responsible for seeing that EITHER the provisions of subsection
(1) of this section are complied with during the period of expulsion
from the school district OR THAT THE PUPIL MEETS THE CONDITIONS
FOR EXEMPTION SPECIFIED IN PARAGRAPH (b) OR (i) OF THIS SUBSECTION
(2);
(i) Who is being instructed at home:
(I) By a teacher certified pursuant to
article 60 or 61 of this title; or
(II) Under a nonpublic homebased
educational program pursuant to section 2233104.5;
or
(III) IN AN ALTERNATIVE PROGRAM AUTHORIZED
PURSUANT TO SECTION 2233104.6; OR
SECTION 2. Part
1 of article 33 of title 22, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SECTION to read:
2233104.6. Online
program legislative declaration authorized
definitions. (1) Legislative
declaration. (a) THE GENERAL ASSEMBLY HEREBY FINDS
AND DECLARES THAT TECHNOLOGICAL ADVANCES, PARTICULARLY IN THE
DEVELOPMENT AND DISSEMINATION OF RESOURCES THROUGH THE WORLD WIDE
WEB, CAN PROVIDE ALTERNATIVES FOR THE PROVISION OF EDUCATIONAL
SERVICES THAT CAN BE CUSTOMIZED TO SERVE THE DIVERSE NEEDS OF
TODAY'S STUDENT POPULATION.
(b) THE GENERAL ASSEMBLY FURTHER FINDS
AND DECLARES THAT THE STATE SHOULD AVAIL ITSELF OF THE ENHANCED
SERVICES AVAILABLE AS A RESULT OF SUCH TECHNOLOGICAL ADVANCES
TO SERVE THE CITIZENS OF THE STATE MORE APPROPRIATELY.
(2) Definitions. AS
USED IN THIS SECTION:
(a) "DISTRICT COORDINATOR" MEANS
A STAFF PERSON AT THE SCHOOL DISTRICT LEVEL WHO SHALL ADMINISTER
AND MONITOR THE ONLINE PROGRAM FOR THE SCHOOL DISTRICT.
(b) "ONLINE PROGRAM" MEANS
AN ALTERNATIVE ONLINE EDUCATION PROGRAM AUTHORIZED PURSUANT
TO THIS SECTION THAT PROVIDES A SEQUENTIAL PROGRAM OF INSTRUCTION
FOR THE EDUCATION OF A CHILD THROUGH SERVICES ACCESSIBLE ON THE
WORLD WIDE WEB AND MONITORED BY A DISTRICT COORDINATOR AND A SITE
COORDINATOR. AN ONLINE PROGRAM IS NOT INTENDED TO BE AND
DOES NOT QUALIFY AS A PRIVATE OR NONPROFIT SCHOOL.
(c) "PARENT" INCLUDES A PARENT
OR GUARDIAN.
(d) "SITE COORDINATOR" MEANS
A COUNSELOR OR TEACHER AT A PUBLIC SCHOOL WHO SHALL MONITOR THE
PROGRESS OF A STUDENT PARTICIPATING IN THE ONLINE PROGRAM.
(3) Program criteria. A
SCHOOL DISTRICT, ANY GROUP OF TWO OR MORE SCHOOL DISTRICTS, OR
ANY BOARD OF COOPERATIVE SERVICES IS HEREBY AUTHORIZED TO CREATE
AN ONLINE PROGRAM. THE FOLLOWING GUIDELINES SHALL APPLY
TO ANY ONLINE PROGRAM THAT IS CREATED AND ADMINISTERED PURSUANT
TO THE PROVISIONS OF THIS SECTION:
(a) A CHILD WHO IS PARTICIPATING IN AN
ONLINE PROGRAM SHALL NOT BE SUBJECT TO COMPULSORY SCHOOL
ATTENDANCE AS PROVIDED IN THIS ARTICLE;
(b) AN ONLINE PROGRAM SHALL INCLUDE
REGULAR ASSESSMENT BY THE SITE COORDINATOR AS TO WHETHER A CHILD
PARTICIPATING IN THE PROGRAM IS PROGRESSING ON A REGULAR BASIS
TOWARD ASSIGNED WORK;
(c) AN ONLINE PROGRAM SHALL INCLUDE,
BUT NEED NOT BE LIMITED TO, EDUCATION IN READING, WRITING, MATHEMATICS,
GEOGRAPHY, HISTORY, CIVICS, LITERATURE, AND SCIENCE AND REGULAR
COURSES OF INSTRUCTION IN THE CONSTITUTION OF THE UNITED STATES
AS PROVIDED IN SECTION 221108;
(d) EACH CHILD PARTICIPATING IN AN ONLINE
PROGRAM SHALL BE EVALUATED, TESTED, AND MONITORED AT THE SAME
INTERVALS AS OTHER STUDENTS IN THE GRADE LEVEL IN THE CHILD'S
SCHOOL. EACH CHILD PARTICIPATING IN AN ONLINE PROGRAM SHALL
BE SUBJECT TO THE STATEWIDE ASSESSMENTS AS REQUIRED IN SECTION
227409. THE DISTRICT COORDINATOR AND THE SITE COORDINATOR
SHALL COLLABORATE TO ENSURE THAT THE CHILD MEETS IN PERSON WITH
THE SITE COORDINATOR FOR AN EVALUATION.
(e) AN ONLINE PROGRAM SHALL INCLUDE:
(I) MENTORING SERVICES DEEMED NECESSARY
BY THE SITE COORDINATOR FOR A CHILD PARTICIPATING IN THE ONLINE
PROGRAM AFTER HAVING BEEN EXPELLED FROM A PUBLIC SCHOOL; AND
(II) A PROCESS PURSUANT TO WHICH THE SITE
COORDINATOR SHALL NOTIFY ANY CHILD WHO IS NOT PERFORMING SATISFACTORILY
IN THE ONLINE PROGRAM, AS DETERMINED BY THE SCHOOL DISTRICT
PROVIDING THE ONLINE PROGRAM, AND SHALL IDENTIFY OTHER EDUCATIONAL
ALTERNATIVES AVAILABLE TO SUCH CHILD;
(f) THE PROVISIONS OF ARTICLE 36 OF THIS
TITLE SHALL APPLY TO AN ONLINE PROGRAM IMPLEMENTED PURSUANT
TO THIS SECTION;
(g) THE RECORDS OF EACH CHILD PARTICIPATING
IN AN ONLINE PROGRAM SHALL BE MAINTAINED ON A PERMANENT
BASIS BY THE SCHOOL AND THE SCHOOL DISTRICT PROVIDING THE ONLINE
PROGRAM. THE RECORDS SHALL INCLUDE BUT NEED NOT BE LIMITED TO:
(I) ATTENDANCE DATA;
(II) TEST, EVALUATION, AND STATEWIDE ASSESSMENT
RESULTS; AND
(III) IMMUNIZATION RECORDS, AS REQUIRED
BY SECTIONS 254902 AND 254903, C.R.S.
(h) EACH CHILD PARTICIPATING IN AN ONLINE
PROGRAM SHALL MEET THE CRITERIA FOR SELECTION FOR PARTICIPATION
IN SUCH PROGRAM SET BY THE SCHOOL DISTRICT PROVIDING THE ONLINE
PROGRAM AND SHALL DEMONSTRATE THAT HE OR SHE POSSESSES THE APPROPRIATE
ELECTRONIC EQUIPMENT AND RESOURCES TO PARTICIPATE IN THE PROGRAM.
A SCHOOL DISTRICT MAY PROVIDE SUCH EQUIPMENT AND RESOURCES TO
A CHILD PARTICIPATING IN THE ONLINE PROGRAM.
(4) Pupil enrollment. (a) IF
A CHILD IS PARTICIPATING IN AN ONLINE PROGRAM CREATED BY
A SCHOOL DISTRICT, THE SCHOOL DISTRICT SHALL BE ENTITLED TO COUNT
SUCH CHILD IN ACCORDANCE WITH THE PROVISIONS OF SECTION 2254103
(10) FOR PURPOSES OF DETERMINING PUPIL ENROLLMENT UNDER THE "PUBLIC
SCHOOL FINANCE ACT OF 1994", ARTICLE 54 OF THIS TITLE, IF,
IN THE PRECEDING ACADEMIC YEAR, SUCH CHILD EITHER:
(I) WAS ENROLLED IN A PUBLIC SCHOOL OR
CHARTER SCHOOL OF A SCHOOL DISTRICT IN THIS STATE; OR
(II) WAS NOT ENROLLED IN ANY PRIVATE SCHOOL,
HAD NOT PARTICIPATED IN A NONPUBLIC HOMEBASED EDUCATION
PROGRAM, OR HAD NOT PARTICIPATED IN HOME INSTRUCTION BY A LICENSED
OR CERTIFIED TEACHER.
(b) FOR PURPOSES OF THIS SUBSECTION (4),
A CHILD WHO IS PARTICIPATING IN AN ONLINE PROGRAM, OTHER
THAN A CHILD WHO IS PARTICIPATING IN THE ONLINE PROGRAM
AFTER HAVING BEEN EXPELLED FROM A PUBLIC SCHOOL, MAY PARTICIPATE
ON AN EQUAL BASIS IN ANY EXTRACURRICULAR OR INTERSCHOLASTIC ACTIVITY
OFFERED BY A PUBLIC SCHOOL OR OFFERED BY A PRIVATE SCHOOL, AT
THE PRIVATE SCHOOL'S DISCRETION, AS PROVIDED IN SECTION 2232116.5.
(c) AS USED IN THIS SUBSECTION (4), "AN
EXTRACURRICULAR OR INTERSCHOLASTIC ACTIVITY" SHALL HAVE THE
SAME MEANING AS "ACTIVITY" AS SET FORTH IN SECTION 2232116.5
(10) (a).
SECTION 3. 2233105
(5) (a), Colorado Revised Statutes, is amended to read:
2233105. Suspension, expulsion,
and denial of admission. (5) (a) Whenever
a petition filed in juvenile court alleges that a child at least
fourteen years of age but under eighteen years of age has committed
an offense that would constitute a crime of violence, as defined
in section 1611309, C.R.S., if committed by an adult
or whenever charges filed in district court allege that a child
has committed such an offense, basic identification information
concerning such child and the details of the alleged delinquent
act or offense shall be provided immediately to the school district
in which the child is enrolled in accordance with the provisions
of section 191304 (5), C.R.S. Upon receipt of such
information, the board of education of the school district or
its designee shall determine whether the student has exhibited
behavior that is detrimental to the safety, welfare, and morals
of the other students or of school personnel in the school and
whether educating the student in the school may disrupt the learning
environment in the school, provide a negative example for other
students, or create a dangerous and unsafe environment for students,
teachers, and other school personnel. The determination may be
made in executive session to the extent allowed by section 246402
(4) (h), C.R.S. If the board of education or its designee, in
accordance with the provisions of this subsection (5), makes a
determination that the student should not be educated in the school,
it may proceed with suspension or expulsion in accordance with
subsection (2) of this section and section 2233106.
Alternatively, the board of education or its designee may determine
that it will wait until the conclusion of the juvenile proceedings
to consider the expulsion matter, in which case it shall be the
responsibility of the district to provide the student with an
appropriate alternate education program, INCLUDING BUT NOT LIMITED
TO AN ONLINE PROGRAM AUTHORIZED PURSUANT TO SECTION 2233104.6,
or a homebased education program during the period pending
the resolution of the juvenile proceedings. Information made
available to the school district and not otherwise available to
the public pursuant to the provisions of section 191304,
C.R.S., shall remain confidential.
SECTION 4. 2254103
(10) (a), Colorado Revised Statutes, is amended to read:
2254103. Definitions.
As used in this article, unless the context otherwise requires:
(10) (a) (I) "Pupil enrollment"
means the number of pupils enrolled on October 1 within the applicable
budget year or the school day nearest said date, as evidenced
by the actual attendance of such pupils prior to said date, EXCEPT
AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH (a).
The department of education is authorized to establish alternative
dates for determining pupil enrollment in appropriate circumstances,
including, but not limited to, when schools are on a yearround
schedule pursuant to section 2232109 (1) (n) and pupils
will be on authorized breaks on October 1 within the applicable
budget year; except that such alternative dates shall be set not
more than fortyfive calendar days after the first school
day occurring after October 1.
(II) "PUPIL ENROLLMENT" SHALL
INCLUDE A PUPIL WHO IS ENROLLED AND PARTICIPATES IN AN ONLINE
PROGRAM AUTHORIZED PURSUANT TO SECTION 2233104.6.
SECTION 5. No
appropriation. The general assembly has determined that this
act can be implemented within existing appropriations, and therefore
no separate appropriation of state moneys is necessary to carry
out the purposes of this act.
SECTION 6. Effective
date. This act shall take effect at 12:01 a.m. on the day
following the expiration of the ninetyday period after final
adjournment of the general assembly that is allowed for submitting
a referendum petition pursuant to article V, section 1 (3) of
the state constitution; except that, if a referendum petition
is filed against this act or an item, section, or part of this
act within such period, then the act, item, section, or part,
if approved by the people, shall take effect on the date of the
official declaration of the vote thereon by proclamation of the
governor.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO