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Second Regular Session
Sixty-first General Assembly
LLS NO. 980663.01 JJC
HOUSE BILL 981298
STATE OF COLORADO
BY REPRESENTATIVE Owen;
also SENATOR B. Alexander.
A BILL FOR AN ACT
CONCERNING THE PROVISION OF ALTERNATIVE CHARTERING
AUTHORITY FOR CHARTER SCHOOLS.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Permits the Colorado commission on higher education ("commission") to designate a community college, a college, or a university as a sponsoring authority for an alternative charter school. Permits a sponsoring authority to operate an alternative charter school or to contract with another entity to operate the school.
Limits a sponsoring authority to 3 alternative charter schools in the first 3 years, then 5 additional schools in the next 3 years. Requires a sponsoring authority to prepare an operating plan by October 1 prior to the academic year that the alternative charter school will begin its operations. Similarly requires a contractor with the sponsoring authority to submit the operating plan to that sponsoring authority by the same October 1 date. Requires submission of the plan to the commission for its review and comment. If the operating plan contemplates waivers of statutes or regulations, requires submission of the plan to the state board of education. Allows the commission to consult with the department of education and to utilize the faculty and staff of institutions of higher education other than the applicant during its review of the operating plan. Permits the state board of education to utilize higher education faculty and staff in the accreditation process.
Defines an alternative charter school as a public nonreligious school operated by a sponsoring authority or its contractor. Permits a sponsoring authority to enter into a contract with a wide range of public and private entities to operate the school or to provide services.
Identifies four types of alternative charter schools: Laboratory, gifted and talented, advanced vocationaltechnical, and atrisk. Describes the mission for each and requires open enrollment policies for each.
Requires compliance with antidiscrimination laws. Allows an alternative charter school to organize as a nonprofit corporation. Generally prohibits the charging of tuition for such school.
Permits the state board to waive state education statutes and regulations.
Requires the alternative charter school to be generally responsible for its operations and budget.
Permits the alternative charter school to contract for facilities or services. Requires a school district to provide services at cost. Prohibits payment of rent to a school district if space is available. Provides that the operating plan will serve as the basis for contracts between the alternative charter school and other public and private entities.
Requires an operating plan to include: A mission statement, standards that meet or exceed state or local standards, sound budget planning, an open enrollment policy, a description of the alternative charter school's governing structure, and other standards similar to those contained in the "Charter Schools Act".
Prohibits the conversion of a private school or home school into an alternative charter school or the creation of a charter school that is a home school. Permits the conversion of an existing charter school into an alternative charter school, with a new operating plan submitted as required in the new law.
Permits the state board of education to grant waivers of teacher licensure to allow college instructors to teach in an alternative charter school. Permits students in an alternative charter school to receive college credit if they take collegelevel classes.
Allows teachers the same general employee options as allowed in the "Charter Schools Act".
Requires the receipt of 100% of per pupil operating revenues by the sponsoring authority, which is then passed on to the alternative charter school. Considers an alternative charter school as a campus program operated by the sponsoring authority, and counts pupils as fulltime students for purposes of higher education funding. Directs the proportionate share of moneys generated from serving students with disabilities to alternative charter schools.
Authorizes alternative charter schools to receive gifts, donations, or grants.
Requires the compilation of evaluations from sponsoring authorities and from the commission. Requires a report to the education committees of the general assembly by January 1, 2002.
Repeals the act, effective July 1, 2003.
Authorizes the state board to accredit entities created
under the new law and deemed public schools of the state.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Article 30.5 of title 22, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read:
ALTERNATIVE CHARTER SCHOOLS
2230.5301. Short title. THIS PART 3 SHALL BE KNOWN AND MAY BE CITED AS THE "ALTERNATIVE CHARTER SCHOOLS ACT".
2230.5302. Legislative declaration. THE GENERAL ASSEMBLY HEREBY FINDS THAT IT IS IN THE BEST INTERESTS OF THE STATE AND ITS CITIZENS TO OFFER RESEARCHBASED, EXPERIMENTAL, APPLIED RESEARCH, AND VALUEADDED TRAINING PROGRAMS WHOSE COSTS OR UNIQUE MISSIONS MAKE THEM DIFFICULT TO ESTABLISH UNDER THE EXISTING "CHARTER SCHOOLS ACT", PART 1 OF THIS ARTICLE. EXAMPLES OF THESE TYPES OF PROGRAMS INCLUDE: PROGRAMS DESIGNED TO ASSIST LOWACHIEVING AND ATRISK STUDENTS; PROGRAMS THAT EXTEND BEYOND THE BOUNDARIES OF ONE SCHOOL DISTRICT; PROGRAMS THAT REQUIRE FACULTY WITH SPECIAL TRAINING OR KNOWLEDGE; PROGRAMS TO SERVE GIFTED AND TALENTED STUDENTS; PROGRAMS THAT REQUIRE A CONNECTION WITH HIGHER EDUCATION SUCH AS TEACHER, PRINCIPAL, AND ADMINISTRATOR TRAINING; AND PROGRAMS THAT PROVIDE FOR CAREER OR SPECIALIZED OCCUPATIONAL AND VOCATIONAL DEVELOPMENT. THE GENERAL ASSEMBLY FURTHER FINDS THAT IT IS IN THE BEST INTERESTS OF THE STATE AND ITS CITIZENS TO OFFER THESE PROGRAMS AS THEY ARE RELATED TO THE ROLE AND MISSION OF A STATESUPPORTED INSTITUTION OF HIGHER EDUCATION. THE GENERAL ASSEMBLY HEREBY INTENDS TO CREATE AN ALTERNATIVE CHARTER SCHOOL AUTHORITY THAT WILL SUPPLEMENT THE EXISTING "CHARTER SCHOOLS ACT" AND WILL FOSTER THE DEVELOPMENT OF SPECIFIC TYPES OF CHARTER SCHOOLS AS SET FORTH IN THIS PART 3.
2230.5303. Definitions. AS USED IN THIS PART 3, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "ALTERNATIVE CHARTER SCHOOL" MEANS A PUBLIC, NONSECTARIAN, NONRELIGIOUS, NONHOMEBASED SCHOOL OPERATED BY A SPONSORING AUTHORITY OR OPERATED PURSUANT TO A CONTRACT ENTERED INTO BY A SPONSORING AUTHORITY.
(2) "ATRISK PUPIL" HAS THE SAME MEANING AS IN THE "PUBLIC SCHOOL FINANCE ACT OF 1994", AS SET FORTH IN SECTION 2254103 (1).
(3) "COMMISSION" MEANS THE COLORADO COMMISSION ON HIGHER EDUCATION CREATED AND EXISTING PURSUANT TO SECTION 231102, C.R.S.
(4) "DEPARTMENT OF EDUCATION" OR "DEPARTMENT" MEANS THE DEPARTMENT OF EDUCATION CREATED AND EXISTING PURSUANT TO SECTION 241115, C.R.S.
(5) "LOCAL BOARD OF EDUCATION" MEANS A SCHOOL DISTRICT BOARD OF EDUCATION.
(6) "SPONSORING AUTHORITY" MEANS A STATESUPPORTED INSTITUTION OF HIGHER EDUCATION DESIGNATED BY THE COMMISSION TO OPERATE ALTERNATIVE CHARTER SCHOOLS OR TO ENTER INTO CONTRACTS TO OPERATE ALTERNATIVE CHARTER SCHOOLS.
(7) "STATE BOARD" MEANS THE STATE BOARD OF EDUCATION ESTABLISHED BY SECTION 1 OF ARTICLE IX OF THE STATE CONSTITUTION.
2230.5304. Alternative charter school operating plan procedure. (1) THE COMMISSION MAY DESIGNATE ANY QUALIFYING STATESUPPORTED INSTITUTION OF HIGHER EDUCATION AS A SPONSORING AUTHORITY FOR PURPOSES OF THIS PART 3. THE COMMISSION SHALL DETERMINE BY RULE THE QUALIFICATIONS NECESSARY FOR DESIGNATION AS A SPONSORING AUTHORITY AND SHALL CONSIDER THE RESOURCES OF THE INSTITUTION AND THE REQUIREMENTS OF THIS PART 3 IN PROMULGATING THOSE RULES. A SPONSORING AUTHORITY MAY INCLUDE, BUT NEED NOT BE LIMITED TO, ANY INSTITUTION THAT OFFERS AN APPROVED PROGRAM OF PREPARATION FOR TEACHERS, PRINCIPALS, OR ADMINISTRATORS. ANY SPONSORING AUTHORITY MAY CHOOSE TO OPERATE AN ALTERNATIVE CHARTER SCHOOL OR TO ENTER INTO A CONTRACT FOR THE OPERATION OF AN ALTERNATIVE CHARTER SCHOOL.
(2) A SPONSORING AUTHORITY SHALL BE LIMITED WITHIN THE FIRST THREE YEARS AFTER THE EFFECTIVE DATE OF THIS PART 3 TO OPERATING, OR CONTRACTING FOR THE OPERATION OF, A MAXIMUM OF THREE ALTERNATIVE CHARTER SCHOOLS. WITHIN THE THREE YEARS THEREAFTER, A SPONSORING AUTHORITY SHALL BE LIMITED TO OPERATING, OR CONTRACTING FOR THE OPERATION OF, A MAXIMUM OF FIVE ADDITIONAL ALTERNATIVE CHARTER SCHOOLS.
(3) A SPONSORING AUTHORITY THAT DETERMINES TO OPERATE AN ALTERNATIVE CHARTER SCHOOL SHALL PREPARE AN OPERATING PLAN FOR SUCH SCHOOL ON OR BEFORE OCTOBER 1 PRECEDING THE SCHOOL YEAR DURING WHICH THE ALTERNATIVE CHARTER SCHOOL IS TO BEGIN ITS OPERATIONS. A SPONSORING AUTHORITY SEEKING TO CONTRACT FOR THE OPERATION OF AN ALTERNATIVE CHARTER SCHOOL SHALL RECEIVE FROM THE CONTRACTOR AN OPERATING PLAN ON OR BEFORE OCTOBER 1 PRECEDING THE SCHOOL YEAR DURING WHICH THE ALTERNATIVE CHARTER SCHOOL IS TO BEGIN ITS OPERATIONS.
(4) THE SPONSORING AUTHORITY SHALL SUBMIT THE OPERATING PLAN TO THE COMMISSION FOR ITS REVIEW AND COMMENT. THE COMMISSION MAY CONSULT WITH THE DEPARTMENT OF EDUCATION AND SEEK TECHNICAL ASSISTANCE AS NEEDED DURING ITS REVIEW OF THE OPERATING PLAN. THE COMMISSION MAY ALSO UTILIZE THE FACULTY AND STAFF OF A STATESUPPORTED INSTITUTION OF HIGHER EDUCATION OTHER THAN THE SPONSORING AUTHORITY TO ASSIST IN ITS REVIEW OF THE OPERATING PLAN.
(5) IF THE OPERATING PLAN CONTEMPLATES WAIVERS OF STATE STATUTES OR REGULATIONS UNDER THIS TITLE, THE OPERATING PLAN SHALL BE FORWARDED BY THE SPONSORING AUTHORITY TO THE STATE BOARD FOR ITS REVIEW. THE STATE BOARD SHALL APPROVE OR REJECT THE REQUESTS FOR WAIVER CONTAINED WITHIN THE OPERATING PLAN, AND SHALL PROVIDE REASONS FOR REJECTION IN WRITING, IF APPLICABLE.
(6) THE STATE BOARD MAY UTILIZE THE FACULTY AND STAFF OF A STATESUPPORTED INSTITUTION OF HIGHER EDUCATION OTHER THAN THE SPONSORING AUTHORITY DURING THE ACCREDITATION PROCESS.
2230.5305. Alternative charter school contracting authority. (1) AN ALTERNATIVE CHARTER SCHOOL SHALL BE A PUBLIC, NONSECTARIAN, NONRELIGIOUS, NONHOMEBASED SCHOOL OPERATED BY A SPONSORING AUTHORITY OR BY A CONTRACTOR OF A SPONSORING AUTHORITY AND SHALL EXIST AS A PUBLIC SCHOOL OF THE STATE. A DIPLOMA ISSUED TO A STUDENT IN AN ALTERNATIVE CHARTER SCHOOL SHALL BE ISSUED BY THE STATE BOARD.
(2) A SPONSORING AUTHORITY MAY ENTER INTO A CONTRACT WITH A SCHOOL DISTRICT OR DISTRICTS, A STATE AGENCY, A POLITICAL SUBDIVISION OF THE STATE, AN EXISTING CHARTER SCHOOL OR SCHOOLS, A PARENT GROUP OR GROUPS, A LABOR ORGANIZATION OR ORGANIZATIONS, ANY PRIVATE ORGANIZATION OR PUBLIC ENTITY, OR ANY CORPORATION OR PARTNERSHIP TO OPERATE AN ALTERNATIVE CHARTER SCHOOL OR TO PROVIDE ANY SERVICES TO AN ALTERNATIVE CHARTER SCHOOL.
2230.5306. Alternative charter school types mission. (1) ALTERNATIVE CHARTER SCHOOLS SHALL INCLUDE BUT NEED NOT BE LIMITED TO THE FOLLOWING:
(a) LABORATORY ALTERNATIVE CHARTER SCHOOLS;
(b) GIFTED AND TALENTED ALTERNATIVE CHARTER SCHOOLS;
(c) ADVANCED VOCATIONALTECHNICAL ALTERNATIVE CHARTER SCHOOLS; AND
(d) ATRISK ALTERNATIVE CHARTER SCHOOLS.
(2) ALL FOUR TYPES OF ALTERNATIVE CHARTER SCHOOLS IDENTIFIED IN SUBSECTION (1) OF THIS SECTION SHALL HAVE OPEN ENROLLMENT POLICIES AND BE OPEN TO ANY STUDENT IN THE STATE, AS PROVIDED IN SECTION 2230.5307 (1).
(3) ADMISSION TO A GIFTED AND TALENTED ALTERNATIVE CHARTER SCHOOL PROGRAM SHALL ALSO REQUIRE THE PERMISSION OF THE STUDENT'S PARENT OR GUARDIAN. SUCH A PROGRAM IS NOT INTENDED TO DUPLICATE THE CURRENT OFFERINGS OF SCHOOL DISTRICTS, BUT THE ALTERNATIVE CHARTER SCHOOL MAY BE OPERATED AS A SPECIAL REGIONAL CENTER FOR GIFTED AND TALENTED STUDENTS. SUCH STUDENTS MAY ATTEND THE PUBLIC SCHOOL OF THE DISTRICT IN WHICH THEY RESIDE FOR CORE SUBJECTS FOR PART OF THE DAY AND THEN ATTEND THE ALTERNATIVE CHARTER SCHOOL FOR THE BALANCE OF THE DAY TO DEVELOP THEIR TALENTS.
(4) LABORATORY ALTERNATIVE CHARTER SCHOOLS MAY BE OPERATED IN CONJUNCTION WITH A SPONSORING AUTHORITY'S APPROVED PROGRAM OF PREPARATION FOR TEACHERS, PRINCIPALS, OR ADMINISTRATORS. A LABORATORY ALTERNATIVE CHARTER SCHOOL MAY SERVE AS A FORUM FOR:
(a) CURRICULUM DEVELOPMENT AND EDUCATIONAL EXPERIMENTATION;
(b) TEACHER TRAINING IN EFFECTIVE METHODS FOR TEACHING READING, WRITING, AND BASIC MATHEMATICS SKILLS, AND THE STATE STANDARDS AND ASSESSMENTS WITHIN A TEACHER'S AREA OF EXPERTISE; AND
(c) PRINCIPAL AND ADMINISTRATOR TRAINING IN EFFECTIVE METHODS FOR SUPERVISING, EVALUATING, AND DIRECTING TEACHING OF READING, WRITING, AND BASIC MATHEMATICS SKILLS, AND RAISING OVERALL SCHOOL PERFORMANCE ON STATE STANDARDS AND ASSESSMENTS.
(5) ATRISK ALTERNATIVE CHARTER SCHOOLS ARE INTENDED TO PROVIDE THE NEEDED INSTRUCTION AND SUPPORT SERVICES FOR DISADVANTAGED OR LOWPERFORMANCE STUDENTS, ESPECIALLY IN INNERCITY AREAS OF THE STATE AND AREAS CURRENTLY BEING UNDERSERVED BY EXISTING SCHOOL DISTRICTS AND CHARTER SCHOOLS.
2230.5307. Alternative charter school requirements. (1) AN ALTERNATIVE CHARTER SCHOOL SHALL BE SUBJECT TO ALL FEDERAL AND STATE LAWS AND CONSTITUTIONAL PROVISIONS PROHIBITING DISCRIMINATION ON THE BASIS OF DISABILITY, RACE, CREED, COLOR, GENDER, NATIONAL ORIGIN, RELIGION, ANCESTRY, OR NEED FOR SPECIAL EDUCATION SERVICES. ENROLLMENT SHALL BE OPEN TO ANY CHILD WHO RESIDES WITHIN THE STATE; EXCEPT THAT NO ALTERNATIVE CHARTER SCHOOL SHALL BE REQUIRED TO MAKE ALTERATIONS IN THE STRUCTURE OF THE FACILITY USED BY THE ALTERNATIVE CHARTER SCHOOL OR TO MAKE ALTERATIONS TO THE ARRANGEMENT OR FUNCTION OF ROOMS WITHIN THE FACILITY, EXCEPT AS MAY BE REQUIRED BY STATE OR FEDERAL LAW. ENROLLMENT DECISIONS SHALL BE MADE IN A NONDISCRIMINATORY MANNER AND SHALL BE SPECIFIED IN THE OPERATING PLAN.
(2) AN ALTERNATIVE CHARTER SCHOOL MAY ORGANIZE AS A NONPROFIT CORPORATION PURSUANT TO THE "COLORADO NONPROFIT CORPORATION ACT", ARTICLES 20 TO 29 OF TITLE 7, C.R.S., WHICH SHALL NOT AFFECT ITS STATUS AS A PUBLIC SCHOOL FOR ANY PURPOSES UNDER COLORADO LAW.
(3) EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 2220109, 2232115, AND 2254109, AN ALTERNATIVE CHARTER SCHOOL SHALL NOT CHARGE TUITION.
(4) THE STATE BOARD MAY WAIVE ANY REQUIREMENTS OF THIS TITLE OR RULES PROMULGATED BY THE STATE BOARD, UPON REQUEST BY THE SPONSORING AUTHORITY AND AS SPECIFIED IN THE OPERATING PLAN. UPON REQUEST OF THE SPONSORING AUTHORITY, THE STATE BOARD SHALL PROVIDE SUMMARIES OF SUCH REGULATIONS AND POLICIES TO USE IN PREPARING AN OPERATING PLAN. THE DEPARTMENT OF EDUCATION SHALL PREPARE THE SUMMARY OF STATE REGULATIONS WITHIN EXISTING APPROPRIATIONS. A WAIVER OF STATE STATUTES OR RULES BY THE STATE BOARD SHALL BE SUBJECT TO REVIEW EVERY TWO YEARS AND MAY BE REVOKED IF THE WAIVER IS DEEMED NO LONGER NECESSARY BY THE STATE BOARD.
2230.5308. Alternative charter school budget facilities contract with school district. (1) AN ALTERNATIVE CHARTER SCHOOL SHALL BE RESPONSIBLE FOR ITS OWN OPERATION INCLUDING BUT NOT LIMITED TO PREPARATION OF A BUDGET, CONTRACTING FOR SERVICES, AND PERSONNEL MATTERS. AN ALTERNATIVE CHARTER SCHOOL MAY RELY UPON THE EXPERTISE AND RESOURCES OF ITS SPONSORING AUTHORITY.
(2) AN ALTERNATIVE CHARTER SCHOOL MAY NEGOTIATE AND CONTRACT WITH A SCHOOL DISTRICT, THE GOVERNING BODY OF A STATESUPPORTED INSTITUTION OF HIGHER EDUCATION, OR ANY THIRD PARTY FOR THE USE OF A SCHOOL BUILDING AND GROUNDS, THE OPERATION AND MAINTENANCE THEREOF, AND THE PROVISION OF ANY SERVICE, ACTIVITY, OR UNDERTAKING THAT THE ALTERNATIVE CHARTER SCHOOL IS REQUIRED TO PERFORM IN ORDER TO CARRY OUT THE EDUCATIONAL PROGRAM DESCRIBED IN THE OPERATING PLAN. ANY SERVICES FOR WHICH AN ALTERNATIVE CHARTER SCHOOL CONTRACTS WITH A SCHOOL DISTRICT SHALL BE PROVIDED BY THE DISTRICT AT COST.
(3) IN NO EVENT SHALL AN ALTERNATIVE CHARTER SCHOOL BE REQUIRED TO PAY RENT FOR SPACE THAT IS DEEMED AVAILABLE, AS NEGOTIATED BY CONTRACT, IN SCHOOL DISTRICT FACILITIES. ALL OTHER COSTS FOR THE OPERATION AND MAINTENANCE OF THE FACILITIES USED BY THE ALTERNATIVE CHARTER SCHOOL SHALL BE SUBJECT TO NEGOTIATION BETWEEN THE ALTERNATIVE CHARTER SCHOOL AND THE SCHOOL DISTRICT, IF SCHOOL DISTRICT FACILITIES ARE USED.
(4) AN APPROVED OPERATING PLAN SHALL SERVE AS THE BASIS FOR ANY CONTRACT REFERRED TO IN SUBSECTION (2) OR (3) OF THIS SECTION. THE CONTRACT SHALL REFLECT ALL AGREEMENTS REGARDING THE RELEASE OF THE ALTERNATIVE CHARTER SCHOOL FROM STATE STATUTES OR REGULATIONS.
2230.5309. Alternative charter school operating plan contents. (1) THE OPERATING PLAN FOR AN ALTERNATIVE CHARTER SCHOOL OR, IF THE SPONSORING AUTHORITY CONTRACTS FOR THE OPERATION OF AN ALTERNATIVE CHARTER SCHOOL, THE CONTRACT BETWEEN THE SPONSORING AUTHORITY AND THE OPERATOR OF THE SCHOOL SHALL INCLUDE:
(a) THE MISSION STATEMENT OF THE ALTERNATIVE CHARTER SCHOOL THAT MUST BE CONSISTENT WITH THE PRINCIPLES AS SET FORTH IN SECTION 2230.5302;
(b) A DESCRIPTION OF THE ALTERNATIVE CHARTER SCHOOL'S EDUCATIONAL PROGRAM, PUPIL PERFORMANCE STANDARDS, AND CURRICULUM THAT MUST MEET OR EXCEED ANY CONTENT STANDARDS ADOPTED BY THE STATE BOARD OR THE SCHOOL DISTRICT IN WHICH THE ALTERNATIVE CHARTER SCHOOL IS LOCATED AND MUST BE DESIGNED TO ENABLE EACH PUPIL TO ACHIEVE SUCH STANDARDS;
(c) EVIDENCE THAT THE PLAN FOR THE ALTERNATIVE CHARTER SCHOOL IS ECONOMICALLY SOUND FOR BOTH THE ALTERNATIVE CHARTER SCHOOL AND THE SPONSORING AUTHORITY, A PROPOSED BUDGET FOR THE ALTERNATIVE CHARTER SCHOOL, AND A DESCRIPTION OF THE MANNER IN WHICH AN ANNUAL AUDIT OF THE FINANCIAL AND ADMINISTRATIVE OPERATIONS OF THE ALTERNATIVE CHARTER SCHOOL, INCLUDING ANY SERVICES PROVIDED BY THE SCHOOL DISTRICT, IS TO BE CONDUCTED;
(d) A DESCRIPTION OF THE ALTERNATIVE CHARTER SCHOOL'S ENROLLMENT POLICY, CONSISTENT WITH THE REQUIREMENTS OF SECTION 2230.5307 (1), AND THE CRITERIA FOR ENROLLMENT DECISIONS;
(e) A DESCRIPTION OF THE ALTERNATIVE CHARTER SCHOOL'S GOVERNING STRUCTURE; AND
(f) CONTENTS AND STANDARDS SUBSTANTIALLY SIMILAR TO THOSE REQUIRED IN SECTION 2230.5106 (1) (b), (1) (c), (1) (f), (1) (h), (1) (i), (1) (i.5), (1) (j), AND (1) (k).
(2) NO PERSON, GROUP, OR ORGANIZATION MAY SUBMIT AN APPLICATION TO CONVERT A PRIVATE SCHOOL OR A NONPUBLIC HOMEBASED EDUCATIONAL PROGRAM INTO AN ALTERNATIVE CHARTER SCHOOL OR TO CREATE AN ALTERNATIVE CHARTER SCHOOL THAT IS A NONPUBLIC HOMEBASED EDUCATIONAL PROGRAM AS DEFINED IN SECTION 2233104.5.
(3) A SPONSORING AUTHORITY MAY COOPERATE WITH AN EXISTING CHARTER SCHOOL TO PREPARE AN OPERATING PLAN FOR THE PURPOSES OF CONVERTING AN EXISTING CHARTER SCHOOL INTO AN ALTERNATIVE CHARTER SCHOOL. SUCH OPERATING PLAN SHALL BE SUBMITTED PURSUANT TO ALL REQUIREMENTS OF THIS PART 3.
2230.5310. Alternative charter school college instruction college credit. (1) THE STATE BOARD MAY GRANT SUCH WAIVERS OF REQUIREMENTS FOR PROFESSIONAL EDUCATOR LICENSURE AS ARE NECESSARY IN ORDER TO FACILITATE CLASSROOM INSTRUCTION BY FACULTY AND STAFF OF EDUCATIONAL INSTITUTIONS WITHIN THE PROGRAM OF AN ALTERNATIVE CHARTER SCHOOL AND TO CARRY OUT THE PURPOSES OF THIS PART 3.
(2) ANY STUDENT ATTENDING AN ALTERNATIVE CHARTER SCHOOL CREATED AND EXISTING UNDER THIS PART 3 WHO, AS PART OF THE COURSE WORK OF THAT ALTERNATIVE CHARTER SCHOOL, IS ENROLLED IN A COLLEGELEVEL COURSE OFFERED THROUGH OR IN COOPERATION WITH THE SPONSORING AUTHORITY SHALL RECEIVE COLLEGE CREDIT FOR ANY SUCH COURSE SUCCESSFULLY COMPLETED.
2230.5311. Alternative charter schools employee options. ANY TEACHER EMPLOYED BY A SCHOOL DISTRICT THAT IS EMPLOYED BY AN ALTERNATIVE CHARTER SCHOOL SHALL HAVE OPTIONS SUBSTANTIALLY SIMILAR TO THOSE PROVIDED IN SECTION 2230.5111, WHERE APPLICABLE.
2230.5312. Alternative charter schools financing guidelines. (1) (a) EACH ALTERNATIVE CHARTER SCHOOL SHALL REPORT TO THE DEPARTMENT OF EDUCATION, BY DISTRICT OF RESIDENCE, THE NAMES AND NUMBER OF PUPILS ENROLLED IN THE ALTERNATIVE CHARTER SCHOOL. THE DEPARTMENT OF EDUCATION SHALL ANNUALLY WITHHOLD AN AMOUNT EQUAL TO THE DISTRICT OF RESIDENCE'S PER PUPIL OPERATING REVENUES FOR EACH SUCH PUPIL COUNTED. THE DEPARTMENT SHALL FORWARD TO THE SPONSORING AUTHORITY, FOR DISTRIBUTION TO THE ALTERNATIVE CHARTER SCHOOL, ON A MONTHLY BASIS, A PROPORTIONAL AMOUNT OF DISTRICT PER PUPIL OPERATING REVENUES SO WITHHELD.
(b) FOR PURPOSES OF THIS SECTION, "PER PUPIL OPERATING REVENUES" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION 2254103 (9).
(2) IN ADDITION TO THE AMOUNT RECEIVED PURSUANT TO SUBSECTION (1) OF THIS SECTION, THE ALTERNATIVE CHARTER SCHOOL SHALL BE CONSIDERED TO BE A CAMPUS PROGRAM OPERATED BY THE SPONSORING AUTHORITY AND SHALL BE ELIGIBLE FOR FUNDING PURSUANT TO POLICIES ADOPTED BY THE COMMISSION UNDER SECTION 231105, C.R.S. PUPILS ENROLLED IN AN ALTERNATIVE CHARTER SCHOOL SHALL BE COUNTED AS FULLTIME EQUIVALENT STUDENTS FOR PURPOSES OF FUNDING UNDER SECTION 231105, C.R.S.
(3) (a) IN ADDITION TO THE AMOUNT TRANSFERRED PURSUANT TO SUBSECTION (1) OF THIS SECTION, EACH STUDENT'S SCHOOL DISTRICT OF RESIDENCE OR ADMINISTRATIVE UNIT SHALL DIRECT THE PROPORTIONATE SHARE OF STATE AND FEDERAL RESOURCES GENERATED BY STUDENTS WITH DISABILITIES OR STAFF SERVING THEM TO ALTERNATIVE CHARTER SCHOOLS ENROLLING SUCH STUDENTS. THE PROPORTIONATE SHARE OF MONEYS GENERATED UNDER OTHER FEDERAL OR STATE CATEGORICAL AID PROGRAMS SHALL BE DIRECTED TO ALTERNATIVE CHARTER SCHOOLS SERVING STUDENTS ELIGIBLE FOR SUCH AID.
(b) IF A STUDENT WITH A DISABILITY ATTENDS AN ALTERNATIVE CHARTER SCHOOL, THE STUDENT'S SCHOOL DISTRICT OF RESIDENCE SHALL BE RESPONSIBLE FOR PAYING ANY TUITION CHARGE FOR THE EXCESS COSTS INCURRED IN EDUCATING THE CHILD IN ACCORDANCE WITH THE PROVISIONS OF SECTION 2220109 (5).
(4) THE SPONSORING AUTHORITY FOR AN ALTERNATIVE CHARTER SCHOOL IS AUTHORIZED TO ACCEPT GIFTS, DONATIONS, OR GRANTS OF ANY KIND MADE TO THE ALTERNATIVE CHARTER SCHOOL AND TO EXPEND OR USE SAID GIFTS, DONATIONS, OR GRANTS IN ACCORDANCE WITH THE CONDITIONS PRESCRIBED BY THE DONOR; EXCEPT THAT NO GIFT, DONATION, OR GRANT SHALL BE ACCEPTED BY THE SPONSORING AUTHORITY IF SUBJECT TO ANY CONDITION CONTRARY TO LAW OR CONTRARY TO THE TERMS OF THE OPERATING PLAN APPLICABLE TO THE ALTERNATIVE CHARTER SCHOOL.
2230.5313. Alternative charter schools evaluation report. (1) THE STATE BOARD SHALL COMPILE EVALUATIONS OF ALTERNATIVE CHARTER SCHOOLS RECEIVED FROM SPONSORING AUTHORITIES AND FROM THE COMMISSION. THE STATE BOARD SHALL REVIEW INFORMATION REGARDING THE REGULATIONS AND POLICIES FROM WHICH ALTERNATIVE CHARTER SCHOOLS WERE RELEASED PURSUANT TO SECTION 2230.5307 (4) TO DETERMINE IF THE RELEASES ASSISTED OR IMPEDED THE CHARTER SCHOOLS IN MEETING THEIR STATED GOALS AND OBJECTIVES.
(2) THE STATE BOARD SHALL ISSUE A REPORT TO THE EDUCATION COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON ITS FINDINGS NO LATER THAN JANUARY 1, 2002.
2230.5314. Repeal of part. THIS PART 3 IS REPEALED, EFFECTIVE JULY 1, 2003.
SECTION 2. 222106 (1) (c) and (3), Colorado Revised Statutes, are amended to read:
222106. State board duties. (1) It is the duty of the state board:
(c) To appraise and accredit the public school districts in this state AND PUBLIC SCHOOLS OPERATING AS ALTERNATIVE CHARTER SCHOOLS PURSUANT TO PART 3 OF ARTICLE 30.5 OF THIS TITLE, and to submit recommendations to the governor and general assembly for improvements in education;
(3) The state board shall annually submit a report to the governor and the general assembly on the accreditation status of all school districts OPERATING AS ALTERNATIVE CHARTER SCHOOLS PURSUANT TO PART 3 OF ARTICLE 30.5 OF THIS TITLE.
SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.