First Regular Session
Sixty-second General Assembly
LLS NO. 99-0494.01 Julie Pelegrin SENATE BILL 99-100
STATE OF COLORADO
BY SENATOR Andrews
EDUCATION
APPROPRIATIONS
A BILL FOR AN ACT
101 CONCERNING EXPANSION OF CHARTER SCHOOLS.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Creates a state charter school district, the boundaries of which
shall be coterminous with the state boundaries. Identifies the state board
of education as the board of education for the state charter school district.
Specifies that the state charter school district shall include only charter
schools approved by the state board of education, in its capacity as the
board of education for the state charter school district. Specifies the
duties and powers of the board of education for the state charter school
district. Specifies the requirements and procedures for obtaining approval
of a state charter school, comparable to existing requirements and
procedures for charter schools.
Directs that each state charter school shall annually receive
funding from the state in the amount of state average per pupil revenues
multiplied by the pupil enrollment for the state charter school.
Grants standing to charter schools to sue and be sued for the
enforcement of contracts. For charters granted or renewed on or after
July 1, 1999, requires a charter school to receive a portion of any
additional local revenues and bond moneys received by the school
district. Allows a school district to require that a charter school transfer
to the state charter school district. Deletes the provisions that allow a
person to bring an appeal to the state board of education concerning a
school district's decision to deny or grant a charter.
Makes conforming amendments.
1 Be it enacted by the General Assembly of the State of Colorado:
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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1 SECTION 1. Article 30.5 of title 22, Colorado Revised Statutes,
2 is amended BY THE ADDITION OF A NEW PART to read:
3 PART 3
4 STATE CHARTER SCHOOL DISTRICT
5 22-30.5-301. Legislative declaration. (1) THE GENERAL
6 ASSEMBLY HEREBY FINDS THAT:
7 (a) WITHIN THE FIRST FIVE YEARS AFTER ENACTMENT OF THE
8 "CHARTER SCHOOLS ACT", PART 1 OF THIS ARTICLE, IN 1993, SIXTY
9 CHARTER SCHOOLS HAVE BEEN ESTABLISHED IN SCHOOL DISTRICTS
10 THROUGHOUT THE STATE;
11 (b) BUT FOR THE OPPOSITION TO CHARTER SCHOOLS EXHIBITED BY
12 SOME SCHOOL DISTRICTS, MORE CHARTER SCHOOLS WOULD HAVE BEEN
13 APPROVED AND PARENTS IN MORE AREAS OF COLORADO WOULD HAVE
14 ENJOYED A WIDER VARIETY OF CHOICES WITH REGARD TO THEIR
15 CHILDREN'S EDUCATIONS;
16 (c) CHARTER SCHOOLS HAVE PROVEN THEMSELVES TO BE A
17 POSITIVE OPTION FOR PARENTS AND FOR THE STATE BY PROVIDING A
18 QUALITY EDUCATION FOR THE STUDENTS ENROLLED IN CHARTER SCHOOLS
19 AND IMPROVING OTHER PUBLIC SCHOOLS WITHIN THE STATE THROUGH
20 CONSTRUCTIVE COMPETITION;
21 (d) IT IS IN THE BEST INTERESTS OF THE STATE TO EXPAND THE
22 AVENUES AVAILABLE TO PARENTS WHO WISH TO FORM CHARTER SCHOOLS
23 BY CREATING A STATEWIDE CHARTERING AUTHORITY THAT WILL BE
24 AMENABLE TO THE CONCEPT OF CHARTER SCHOOLS AND APPROVE OR
25 DISAPPROVE CHARTER APPLICATIONS BASED ON THEIR MERITS, RATHER
26 THAN ON OPPOSITION TO THE CHARTER SCHOOL CONCEPT;
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1 (e) A STATEWIDE CHARTER SCHOOL DISTRICT CONSISTING SOLELY
2 OF CHARTER SCHOOLS THAT HAVE BEEN APPROVED BY THE STATE BOARD
3 OF EDUCATION, ACTING AS THE BOARD OF EDUCATION FOR THE STATE
4 CHARTER SCHOOL DISTRICT, SHALL CONSTITUTE A SCHOOL DISTRICT OF
5 CONVENIENT SIZE FOR PURPOSES OF SECTION 15 OF ARTICLE IX OF THE
6 STATE CONSTITUTION.
7 22-30.5-302. Definitions. AS USED IN THIS PART 3, UNLESS THE
8 CONTEXT OTHERWISE REQUIRES:
9 (1) "APPLICANT" MEANS THE PERSON OR GROUP OF PERSONS
10 APPLYING FOR A STATE CHARTER TO OPERATE A STATE CHARTER SCHOOL
11 PURSUANT TO THE PROVISIONS OF THIS PART 3.
12 (2) "CHARTER SCHOOL BOARD" MEANS THE STATE BOARD OF
13 EDUCATION ACTING AS THE BOARD OF EDUCATION FOR THE STATE
14 CHARTER SCHOOL DISTRICT.
15 (3) "CHARTER SCHOOL DISTRICT" MEANS THE STATE CHARTER
16 SCHOOL DISTRICT CREATED PURSUANT TO SECTION 22-30.5-303.
17 (4) "DEPARTMENT" MEANS THE DEPARTMENT OF EDUCATION
18 CREATED AND EXISTING PURSUANT TO SECTION 24-1-115, C.R.S.
19 (5) "STATE BOARD" MEANS THE STATE BOARD OF EDUCATION
20 CREATED PURSUANT TO SECTION 1 OF ARTICLE IX OF THE STATE
21 CONSTITUTION.
22 (6) "STATE CHARTER" MEANS THE AGREEMENT BETWEEN THE
23 BOARD OF EDUCATION AND A STATE CHARTER SCHOOL GOVERNING THE
24 EXISTENCE AND OPERATION OF THE STATE CHARTER SCHOOL.
25 (7) "STATE CHARTER APPLICATION" MEANS AN APPLICATION FOR
26 THE OPERATION OF A STATE CHARTER SCHOOL SUBMITTED PURSUANT TO
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1 THE PROVISIONS OF THIS PART 3.
2 (8) "STATE CHARTER SCHOOL" MEANS A CHARTER SCHOOL
3 APPROVED PURSUANT TO THIS PART 3 THAT IS A PUBLIC SCHOOL OF THE
4 CHARTER SCHOOL DISTRICT. "STATE CHARTER SCHOOL" INCLUDES ANY
5 CHARTER SCHOOL THAT TRANSFERS ITS CHARTER FROM A SCHOOL
6 DISTRICT TO THE STATE CHARTER SCHOOL DISTRICT PURSUANT TO SECTION
7 22-30.5-110.5.
8 22-30.5-303. State charter school district - creation - board of
9 education - organization - meetings. (1) THERE IS HEREBY CREATED
10 THE STATE CHARTER SCHOOL DISTRICT, THE BOUNDARIES OF WHICH SHALL
11 BE COTERMINOUS WITH THE BOUNDARIES OF THE STATE. THE STATE
12 BOARD OF EDUCATION ELECTED PURSUANT TO SECTION 22-2-105 SHALL
13 SERVE AS THE BOARD OF EDUCATION FOR THE CHARTER SCHOOL DISTRICT.
14 ONLY CHARTER SCHOOLS APPROVED PURSUANT TO THIS PART 3 SHALL BE
15 DEEMED TO BE PUBLIC SCHOOLS OF THE CHARTER SCHOOL DISTRICT.
16 (2) (a) THE CHAIRMAN AND VICE-CHAIRMAN OF THE STATE BOARD
17 SELECTED PURSUANT TO SECTION 22-2-105 SHALL ACT AS THE PRESIDENT
18 AND VICE-PRESIDENT OF THE CHARTER SCHOOL BOARD. THE CHARTER
19 SCHOOL BOARD SHALL APPOINT PERSONS TO SERVE AS SECRETARY AND
20 TREASURER OF THE CHARTER SCHOOL BOARD. SUCH PERSONS MAY OR
21 MAY NOT BE MEMBERS OF THE CHARTER SCHOOL BOARD AND SHALL HOLD
22 THEIR OFFICES AT THE PLEASURE OF THE CHARTER SCHOOL BOARD.
23 (b) NO PERSON SHALL ENTER UPON THE OFFICE OF SECRETARY OR
24 TREASURER UNTIL SUCH PERSON HAS GIVEN A SURETY BOND, IN FORM
25 SATISFACTORY TO THE CHARTER SCHOOL BOARD, IN THE AMOUNT OF FIVE
26 THOUSAND DOLLARS, CONDITIONED ON THE FAITHFUL PERFORMANCE OF
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1 SUCH PERSON'S DUTIES AS REQUIRED BY LAW AND PRESCRIBED BY THE
2 BYLAWS OF THE CHARTER SCHOOL BOARD. IN ADDITION, THE TREASURER
3 SHALL GIVE BOND IN SUCH FURTHER AMOUNT, IN SUCH FORM, AND FOR
4 SUCH PURPOSES AS THE CHARTER SCHOOL BOARD MAY REQUIRE.
5 (c) THE SECRETARY AND TREASURER MAY BE COMPENSATED FOR
6 THEIR SERVICES IN SUCH CAPACITIES IN AN AMOUNT DETERMINED BY THE
7 CHARTER SCHOOL BOARD, BUT THE PRESIDENT AND VICE-PRESIDENT SHALL
8 RECEIVE NO COMPENSATION FOR THEIR SERVICES IN SUCH CAPACITIES.
9 ALL OFFICERS SHALL BE REIMBURSED FOR NECESSARY EXPENSES
10 INCURRED IN THE PERFORMANCE OF THEIR DUTIES IN AN OFFICIAL
11 CAPACITY.
12 (3) REGULAR MEETINGS OF THE CHARTER SCHOOL BOARD SHALL
13 BE HELD AT THE TIME AND PLACE PROVIDED FOR IN ITS BYLAWS. SPECIAL
14 MEETINGS MAY BE CALLED BY THE PRESIDENT AT ANY TIME AND SHALL BE
15 CALLED BY HIM OR HER UPON WRITTEN REQUEST OF A MAJORITY OF THE
16 MEMBERS OF THE CHARTER SCHOOL BOARD. THE PROCEDURE FOR
17 CALLING MEETINGS, GIVING NOTICE OF MEETINGS, HOLDING MEETINGS,
18 AND VOTING SHALL BE AS PRESCRIBED IN SECTION 22-32-108.
19 22-30.5-304. Charter school board - officers - duties.
20 (1) (a) THE PRESIDENT OF THE CHARTER SCHOOL BOARD SHALL PRESIDE
21 AT ALL MEETINGS OF THE BOARD. THE PRESIDENT SHALL SIGN ANY
22 WRITTEN CONTRACT TO WHICH THE CHARTER SCHOOL DISTRICT MAY BE A
23 PARTY WHEN SUCH CONTRACT HAS BEEN AUTHORIZED BY THE CHARTER
24 SCHOOL BOARD, AND THE PRESIDENT SHALL SIGN ALL OFFICIAL REPORTS
25 OF THE CHARTER SCHOOL DISTRICT EXCEPT WHEN OTHERWISE PROVIDED
26 BY LAW.
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1 (b) IN THE ABSENCE OR INABILITY OF THE PRESIDENT, THE
2 VICE-PRESIDENT SHALL HAVE AND PERFORM ALL POWERS AND DUTIES OF
3 THE PRESIDENT.
4 (2) THE SECRETARY OF THE CHARTER SCHOOL BOARD SHALL CAUSE
5 WRITTEN NOTICE TO BE GIVEN TO EACH MEMBER OF THE CHARTER SCHOOL
6 BOARD OF ALL SPECIAL MEETINGS OF THE CHARTER SCHOOL BOARD. THE
7 SECRETARY SHALL CAUSE MINUTES OF EACH MEETING OF THE CHARTER
8 SCHOOL BOARD TO BE KEPT AND PRESERVED. THE SECRETARY SHALL BE
9 CUSTODIAN OF THE SEAL OF THE CHARTER SCHOOL DISTRICT, SHALL
10 ATTEST ANY WRITTEN CONTRACT TO WHICH THE CHARTER SCHOOL
11 DISTRICT MAY BE A PARTY WHEN SUCH CONTRACT HAS BEEN AUTHORIZED
12 BY THE CHARTER SCHOOL BOARD, AND SHALL AFFIX THE SEAL THERETO.
13 THE SECRETARY SHALL PERFORM SUCH OTHER DUTIES AS MAY BE
14 ASSIGNED TO HIM OR HER BY THE CHARTER SCHOOL BOARD.
15 (3) (a) THE TREASURER OF THE CHARTER SCHOOL BOARD SHALL
16 ACCOUNT FOR ANY MONEYS BELONGING TO THE CHARTER SCHOOL
17 DISTRICT, OR COMING INTO ITS POSSESSION, AND SHALL RENDER A REPORT
18 THEREOF WHEN SO REQUIRED BY THE CHARTER SCHOOL BOARD.
19 (b) ANY MONEYS BELONGING TO THE CHARTER SCHOOL DISTRICT
20 SHALL BE DEPOSITED BY THE TREASURER TO THE CREDIT OF THE CHARTER
21 SCHOOL DISTRICT IN ONE OR MORE DEPOSITORIES DESIGNATED BY THE
22 CHARTER SCHOOL BOARD. ALL CHECKS IN PAYMENT OF LAWFULLY
23 INCURRED AND PROPERLY AUTHORIZED OBLIGATIONS OF THE CHARTER
24 SCHOOL DISTRICT DRAWN ON ANY SUCH DEPOSITORY SHALL BEAR THE
25 WRITTEN OR FACSIMILE SIGNATURE OF THE TREASURER AND, IF REQUIRED
26 BY THE CHARTER SCHOOL BOARD, THE WRITTEN COUNTERSIGNATURE OF
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1 ANY OTHER PERSON DESIGNATED BY THE CHARTER SCHOOL BOARD.
2 (c) THE TREASURER SHALL PERFORM SUCH OTHER DUTIES AS MAY
3 BE ASSIGNED TO HIM OR HER BY THE CHARTER SCHOOL BOARD.
4 22-30.5-305. Charter school board - powers and duties.
5 (1) THE CHARTER SCHOOL BOARD SHALL HAVE ONLY SUCH POWERS AND
6 DUTIES AS ARE SPECIFICALLY GRANTED OR REQUIRED IN THIS PART 3.
7 (2) THE CHARTER SCHOOL BOARD SHALL HAVE AND PERFORM THE
8 FOLLOWING SPECIFIC DUTIES:
9 (a) TO ADOPT WRITTEN BYLAWS, NOT INCONSISTENT WITH LAW,
10 FOR ITS ORGANIZATION AND OPERATION;
11 (b) TO ADOPT ANY POLICIES AND PRESCRIBE ANY RULES
12 NECESSARY AND PROPER FOR THE EFFICIENT ADMINISTRATION OF THE
13 AFFAIRS OF THE DISTRICT, INCLUDING PROCEDURES FOR COMPETITIVE
14 BIDDING IN THE PURCHASE OF GOODS AND SERVICES, EXCEPT
15 PROFESSIONAL SERVICES, FOR THE CHARTER SCHOOL DISTRICT;
16 (c) TO CAUSE A TRUE AND CORRECT COPY OF ALL CURRENT
17 BYLAWS, POLICIES, AND RULES ADOPTED OR PRESCRIBED BY THE CHARTER
18 SCHOOL BOARD TO BE MADE AVAILABLE FOR PUBLIC INSPECTION AT THE
19 ADMINISTRATIVE OFFICE OF THE CHARTER SCHOOL DISTRICT DURING
20 REASONABLE BUSINESS HOURS;
21 (d) TO CAUSE MINUTES OF ALL PROCEEDINGS OF THE CHARTER
22 SCHOOL BOARD, EXCEPT THOSE OF AN EXECUTIVE SESSION, TO BE
23 RECORDED IN CONVENIENT FORM, WHICH RECORD SHALL BE OPEN FOR
24 PUBLIC INSPECTION AT THE ADMINISTRATIVE OFFICE OF THE CHARTER
25 SCHOOL DISTRICT DURING REASONABLE BUSINESS HOURS;
26 (e) TO EMPLOY ANY PERSONNEL REQUIRED TO MAINTAIN THE
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1 OPERATIONS OF THE CHARTER SCHOOL DISTRICT AND TO FIX AND ORDER
2 PAID THEIR COMPENSATION. PRIOR TO THE EMPLOYMENT OF ANY PERSON,
3 THE CHARTER SCHOOL BOARD SHALL MAKE AN INQUIRY TO THE
4 DEPARTMENT OF EDUCATION IN ACCORDANCE WITH THE PROVISIONS OF
5 SECTION 22-32-109.7 (1).
6 (f) TO REQUIRE ANY EMPLOYEE OR OTHER PERSON WHO MAY
7 RECEIVE INTO HIS OR HER CUSTODY MONEYS THAT PROPERLY BELONG TO
8 THE CHARTER SCHOOL DISTRICT TO DELIVER SUCH MONEYS TO THE
9 TREASURER OF THE CHARTER SCHOOL DISTRICT, OR TO DEPOSIT SUCH
10 MONEYS IN A DEPOSITORY DESIGNATED BY THE CHARTER SCHOOL BOARD;
11 (g) TO REQUIRE EACH EMPLOYEE WHO IS LIKELY TO HAVE IN HIS OR
12 HER TEMPORARY CUSTODY AT ANY ONE TIME AN AMOUNT OF CHARTER
13 SCHOOL DISTRICT MONEYS IN EXCESS OF FIFTY DOLLARS TO BE BONDED IN
14 AN AMOUNT AT LEAST SUFFICIENT TO COVER THE AMOUNT OF CHARTER
15 SCHOOL DISTRICT MONEYS THAT IS LIKELY TO BE IN HIS OR HER
16 TEMPORARY CUSTODY AT ANY TIME, OR TO BE BONDED IN SUCH GREATER
17 AMOUNT AS THE CHARTER SCHOOL BOARD MAY DETERMINE. A BLANKET
18 FORM OF SURETY BOND MAY BE UTILIZED TO COVER MORE THAN ONE SUCH
19 EMPLOYEE. THE CHARTER SCHOOL DISTRICT SHALL PAY THE COSTS FOR
20 ANY SUCH BONDS.
21 (h) TO CAUSE TO BE KEPT COMPLETE AND ACCURATE FINANCIAL
22 RECORDS OF THE CHARTER SCHOOL DISTRICT BY FUNDS AND ACCOUNTS,
23 MAINTAINED ON THE BASIS OF GENERALLY RECOGNIZED PRINCIPLES OF
24 GOVERNMENTAL ACCOUNTING;
25 (i) TO CAUSE TO BE KEPT THE STUBS OF OR A REGISTER OF ALL
26 WARRANTS OR ORDERS DRAWN UPON CHARTER SCHOOL DISTRICT MONEYS
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1 IN THE VARIOUS FUNDS, SHOWING THE NUMBER OF EACH WARRANT OR
2 ORDER, THE DATE ISSUED, THE OBJECT OR PURPOSE FOR WHICH DRAWN,
3 THE AMOUNT AND TO WHOM PAYABLE, OR, IN LIEU THEREOF, SIMILAR
4 RECORDS AS NORMALLY PROVIDED IN ACCOUNTING PROCEDURES THROUGH
5 THE USE OF AUTOMATIC PROCESSING;
6 (j) TO CAUSE A STATEMENT OF THE FINANCIAL CONDITION OF THE
7 CHARTER SCHOOL DISTRICT TO BE PUBLISHED AND POSTED AS REQUIRED
8 BY LAW FOR OTHER SCHOOL DISTRICTS, TO CAUSE ALL ACCOUNTS TO BE
9 AUDITED AS REQUIRED BY LAW FOR OTHER SCHOOL DISTRICTS, AND TO
10 REVIEW FROM TIME TO TIME DURING EACH FISCAL YEAR THE FINANCIAL
11 POSITION OF THE CHARTER SCHOOL DISTRICT;
12 (k) TO CAUSE ALL STATEMENTS OF ACCOUNT AND ALL CANCELED
13 WARRANTS AND ORDERS TO BE KEPT ON FILE FOR SIX YEARS;
14 (l) TO CAUSE SUCH RECORDS AS RELATE TO THE AFFAIRS OR
15 BUSINESS OF THE CHARTER SCHOOL DISTRICT TO BE PRESERVED AND
16 DISPOSED OF ONLY IN THE MANNER PROVIDED BY LAW FOR OTHER SCHOOL
17 DISTRICTS;
18 (m) TO APPOINT AN ATTENDANCE OFFICER AS REQUIRED BY THE
19 "SCHOOL ATTENDANCE LAW OF 1963", ARTICLE 33 OF THIS TITLE;
20 (n) TO CAUSE TO BE PREPARED, EXECUTED, AND FILED WITH THE
21 STATE BOARD OF EDUCATION ANY REPORT REQUIRED BY LAW OR BY
22 REGULATION;
23 (o) TO COMPLY WITH THE RULES ADOPTED BY THE STATE BOARD
24 OF EDUCATION PURSUANT TO ARTICLE 4 OF TITLE 24, C.R.S.;
25 (p) TO ADOPT A WRITTEN CONDUCT AND DISCIPLINE CODE IN
26 ACCORDANCE WITH SECTION 22-32-110 (2), NOT INCONSISTENT WITH LAW,
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1 THAT RELATES TO THE STUDY, DISCIPLINE, CONDUCT, SAFETY, AND
2 WELFARE OF ALL PUPILS, OR ANY CLASSIFICATION OF PUPILS, ENROLLED IN
3 THE STATE CHARTER SCHOOLS OF THE CHARTER SCHOOL DISTRICT. THE
4 CONDUCT AND DISCIPLINE CODE SHALL INCLUDE WRITTEN PROCEDURES,
5 NOT INCONSISTENT WITH ARTICLE 33 OF THIS TITLE, FOR THE SUSPENSION
6 AND EXPULSION OF A PUPIL, WHICH PROCEDURES SHALL AFFORD DUE
7 PROCESS OF LAW TO PUPILS, PARENTS, AND SCHOOL PERSONNEL. COPIES
8 OF SUCH CONDUCT AND DISCIPLINE CODE SHALL BE DISTRIBUTED ONCE TO
9 EACH STUDENT IN EACH STATE CHARTER SCHOOL AND ONCE TO EACH NEW
10 STUDENT IN A CHARTER SCHOOL DISTRICT AND SHALL BE POSTED IN EACH
11 STATE CHARTER SCHOOL OF THE CHARTER SCHOOL DISTRICT. ANY
12 SIGNIFICANT CHANGE IN THE CONDUCT AND DISCIPLINE CODE SHALL BE
13 DISTRIBUTED TO EACH STUDENT AND POSTED IN EACH STATE CHARTER
14 SCHOOL OF THE CHARTER SCHOOL DISTRICT.
15 (q) TO ADOPT WRITTEN RULES, NOT INCONSISTENT WITH LAW AND
16 WHICH AFFORD DUE PROCESS OF LAW TO ALL PERSONS INVOLVED, FOR
17 MANDATORY PROCEDURES TO BE USED FOLLOWING INSTANCES OF ASSAULT
18 UPON, DISORDERLY CONDUCT TOWARD, HARASSMENT OF, THE MAKING
19 KNOWINGLY OF A FALSE ALLEGATION OF CHILD ABUSE AGAINST, OR ANY
20 ALLEGED OFFENSE UNDER THE "COLORADO CRIMINAL CODE" DIRECTED
21 TOWARD, A TEACHER OR OTHER STATE CHARTER SCHOOL EMPLOYEE OR
22 INSTANCES OF DAMAGE OCCURRING ON THE PREMISES TO THE PERSONAL
23 PROPERTY OF A TEACHER OR OTHER STATE CHARTER SCHOOL EMPLOYEE
24 BY A STUDENT;
25 (r) (I) TO ADOPT WRITTEN BYLAWS RELATING TO CONFLICTS OF
26 INTEREST FOR MEMBERS OF THE CHARTER SCHOOL BOARD.
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1 (II) UPON FILING A COPY OF THE ADOPTED WRITTEN BYLAWS WITH
2 THE DEPARTMENT OF EDUCATION AND UPON ACKNOWLEDGMENT OF
3 RECEIPT THEREOF BY THE DEPARTMENT, THE CHARTER SCHOOL BOARD
4 SHALL BE CONSIDERED TO BE EXEMPT FROM THE REQUIREMENTS OF
5 SECTION 18-8-308 (1) AND (2), C.R.S. A CHARTER SCHOOL BOARD
6 MEMBER NOT VOTING BECAUSE OF A DISCLOSED CONFLICT SHALL BE
7 EXEMPT FROM THE PROVISIONS OF SECTION 22-32-108 (6).
8 (III) THE COMMISSIONER OF EDUCATION SHALL, IN WRITING,
9 NOTIFY THE SECRETARY OF STATE OF THE EXEMPTION;
10 (s) (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF
11 THIS PARAGRAPH (s), TO MAINTAIN THE CONFIDENTIALITY OF THE
12 ADDRESSES AND TELEPHONE NUMBERS OF STUDENTS ENROLLED IN STATE
13 CHARTER SCHOOLS WITHIN THE CHARTER SCHOOL DISTRICT AND ANY
14 MEDICAL, PSYCHOLOGICAL, SOCIOLOGICAL, AND SCHOLASTIC
15 ACHIEVEMENT DATA COLLECTED CONCERNING INDIVIDUAL STUDENTS, AS
16 REQUIRED UNDER SECTION 24-72-204 (3), C.R.S.
17 (II) THE ADDRESS AND TELEPHONE NUMBER AND ANY MEDICAL,
18 PSYCHOLOGICAL, SOCIOLOGICAL, AND SCHOLASTIC ACHIEVEMENT DATA
19 CONCERNING ANY STUDENT SHALL BE RELEASED BY THE ENROLLING STATE
20 CHARTER SCHOOL OR BY THE CHARTER SCHOOL DISTRICT UNDER THE
21 FOLLOWING CONDITIONS:
22 (A) AS PROVIDED IN SECTION 24-72-204 (3), C.R.S.;
23 (B) TO DISTRICT OR MUNICIPAL COURT PERSONNEL, THE DIVISION
24 OF YOUTH CORRECTIONS, COUNTY DEPARTMENTS OF SOCIAL SERVICES, THE
25 YOUTHFUL OFFENDER SYSTEM, AND ANY OTHER JUVENILE JUSTICE AGENCY
26 WITHIN FIFTEEN DAYS AFTER RECEIPT BY THE CHARTER SCHOOL DISTRICT
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1 OF A COURT ORDER AUTHORIZING RELEASE OF SUCH INFORMATION;
2 (t) TO ACT AS AN ADMINISTRATIVE UNIT FOR THE STATE CHARTER
3 SCHOOLS IN THE CHARTER SCHOOL DISTRICT FOR PURPOSES OF PROVIDING
4 EDUCATION TO STUDENTS WITH DISABILITIES PURSUANT TO ARTICLE 20 OF
5 THIS TITLE AND APPLICABLE FEDERAL LAWS;
6 (u) TO ADOPT PROCEDURES FOR THE TRANSFER OF NON-STATE
7 CHARTER SCHOOLS TO THE CHARTER SCHOOL DISTRICT PURSUANT TO
8 SECTION 22-30.5-110.5.
9 (3) THE CHARTER SCHOOL DISTRICT SHALL HAVE THE FOLLOWING
10 SPECIFIC POWERS, TO BE EXERCISED IN ITS JUDGMENT:
11 (a) TO EMPLOY A CHIEF EXECUTIVE OFFICER TO ADMINISTER THE
12 AFFAIRS AND THE PROGRAMS OF THE CHARTER SCHOOL DISTRICT,
13 PURSUANT TO A CONTRACT;
14 (b) TO DISCHARGE OR OTHERWISE TERMINATE THE EMPLOYMENT
15 OF ANY CHARTER SCHOOL DISTRICT PERSONNEL. THE PRACTICES OF
16 EMPLOYMENT, PROMOTION, AND DISMISSAL SHALL BE UNAFFECTED BY THE
17 EMPLOYEE'S RELIGIOUS BELIEFS, MARITAL STATUS, RACIAL OR ETHNIC
18 BACKGROUND, OR PARTICIPATION IN COMMUNITY AFFAIRS.
19 (c) TO REIMBURSE CHARTER SCHOOL DISTRICT EMPLOYEES FOR
20 EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES EITHER
21 WITHIN OR OUTSIDE THE TERRITORIAL LIMITS OF THE CHARTER SCHOOL
22 DISTRICT;
23 (d) TO PROCURE GROUP LIFE, HEALTH, OR ACCIDENT INSURANCE
24 COVERING CHARTER SCHOOL DISTRICT EMPLOYEES AND STATE CHARTER
25 SCHOOL EMPLOYEES PURSUANT TO SECTION 10-7-203, C.R.S.;
26 (e) TO ADOPT WRITTEN POLICIES AND RULES, NOT INCONSISTENT
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1 WITH LAW, THAT MAY RELATE TO THE EFFICIENCY, IN-SERVICE TRAINING,
2 PROFESSIONAL GROWTH, SAFETY, OFFICIAL CONDUCT, AND WELFARE OF
3 THE CHARTER SCHOOL DISTRICT EMPLOYEES;
4 (f) TO PROVIDE FOR THE NECESSARY EXPENSES OF THE CHARTER
5 SCHOOL BOARD IN THE EXERCISE OF ITS POWERS AND THE PERFORMANCE
6 OF ITS DUTIES; TO MAINTAIN MEMBERSHIP IN ESTABLISHED SCHOOL BOARD
7 ORGANIZATIONS; AND TO REIMBURSE A CHARTER SCHOOL BOARD MEMBER
8 FOR NECESSARY EXPENSES INCURRED BY THE MEMBER IN THE
9 PERFORMANCE OF HIS OR HER OFFICIAL DUTIES, WHETHER WITHIN OR
10 OUTSIDE THE TERRITORIAL LIMITS OF THE CHARTER SCHOOL DISTRICT;
11 (g) TO PROCURE PUBLIC LIABILITY INSURANCE COVERING THE
12 CHARTER SCHOOL DISTRICT AND THE DIRECTORS AND EMPLOYEES
13 THEREOF;
14 (h) TO CONTRACT WITH ANOTHER SCHOOL DISTRICT OR WITH THE
15 GOVERNING BODY OF A STATE COLLEGE OR UNIVERSITY, WITH THE TRIBAL
16 CORPORATION OF ANY INDIAN TRIBE OR NATION, WITH ANY FEDERAL
17 AGENCY OR OFFICER OR ANY COUNTY, CITY, OR CITY AND COUNTY, OR
18 WITH ANY NATURAL PERSON, BODY CORPORATE, OR ASSOCIATION FOR THE
19 PERFORMANCE OF ANY SERVICE, INCLUDING EDUCATIONAL SERVICE,
20 ACTIVITY, OR UNDERTAKING THAT ANY STATE CHARTER SCHOOL MAY BE
21 AUTHORIZED BY LAW TO PERFORM OR UNDERTAKE. SUCH CONTRACT
22 SHALL SET FORTH FULLY THE PURPOSES, POWERS, RIGHTS, OBLIGATIONS,
23 AND RESPONSIBILITIES, FINANCIAL OR OTHERWISE, OF THE PARTIES SO
24 CONTRACTING AND SHALL PROVIDE THAT THE SERVICE, INCLUDING
25 EDUCATIONAL SERVICE, ACTIVITY, OR UNDERTAKING BE OF COMPARABLE
26 QUALITY AND MEET THE SAME REQUIREMENTS AND STANDARDS AS WOULD
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1 BE NECESSARY IF PERFORMED BY THE CHARTER SCHOOL DISTRICT. A
2 CONTRACT EXECUTED PURSUANT TO THIS SECTION MAY INCLUDE, AMONG
3 OTHER THINGS, THE PURCHASE (OUTRIGHT OR BY INSTALLMENT SALE) OR
4 RENTING OR LEASING, WITH OR WITHOUT AN OPTION TO PURCHASE, OF
5 NECESSARY BUILDING FACILITIES, EQUIPMENT, SUPPLIES, AND EMPLOYEE
6 SERVICES.
7 (i) TO ACCEPT GIFTS, DONATIONS, OR GRANTS OF ANY KIND MADE
8 TO THE CHARTER SCHOOL DISTRICT AND TO EXPEND OR USE SAID GIFTS,
9 DONATIONS, OR GRANTS IN ACCORDANCE WITH THE CONDITIONS
10 PRESCRIBED BY THE DONOR; EXCEPT THAT NO GIFT, DONATION, OR GRANT
11 SHALL BE ACCEPTED BY THE CHARTER SCHOOL BOARD IF SUBJECT TO ANY
12 CONDITION CONTRARY TO LAW.
13 (4) THE CHARTER SCHOOL BOARD AND ANY STATE CHARTER
14 SCHOOL SHALL NOT ENTER INTO AN AGREEMENT WITH ANY GROUP,
15 ASSOCIATION, OR ORGANIZATION REPRESENTING EMPLOYEES OF THE
16 CHARTER SCHOOL DISTRICT THAT COMMITS REVENUES RAISED OR
17 RECEIVED PURSUANT TO ARTICLE 54 OF THIS TITLE FOR A PERIOD OF TIME
18 IN EXCESS OF ONE YEAR UNLESS SUCH AGREEMENT INCLUDES A PROVISION
19 THAT ALLOWS FOR THE REOPENING OF THE PORTION OF THE AGREEMENT
20 RELATING TO SALARIES AND BENEFITS.
21 22-30.5-306. State charter schools - requirements - authority
22 - waivers. (1) A STATE CHARTER SCHOOL SHALL BE A PUBLIC,
23 NONSECTARIAN, NONRELIGIOUS, NON-HOME-BASED SCHOOL THAT
24 OPERATES WITHIN THE CHARTER SCHOOL DISTRICT.
25 (2) A STATE CHARTER SCHOOL SHALL BE A PUBLIC SCHOOL OF THE
26 CHARTER SCHOOL DISTRICT AND SHALL BE ACCOUNTABLE TO THE CHARTER
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1 SCHOOL BOARD FOR PURPOSES OF ENSURING COMPLIANCE WITH
2 APPLICABLE LAWS AND CHARTER PROVISIONS AND THE REQUIREMENTS OF
3 SECTION 15 OF ARTICLE IX OF THE STATE CONSTITUTION.
4 (3) A STATE CHARTER SCHOOL SHALL BE SUBJECT TO ALL FEDERAL
5 AND STATE LAWS AND CONSTITUTIONAL PROVISIONS PROHIBITING
6 DISCRIMINATION ON THE BASIS OF DISABILITY, RACE, CREED, COLOR,
7 GENDER, NATIONAL ORIGIN, RELIGION, ANCESTRY, OR NEED FOR SPECIAL
8 EDUCATION SERVICES. ENROLLMENT DECISIONS FOR A STATE CHARTER
9 SCHOOL SHALL BE MADE IN A NONDISCRIMINATORY MANNER SPECIFIED BY
10 THE APPLICANT IN THE STATE CHARTER APPLICATION.
11 (4) A STATE CHARTER SCHOOL SHALL BE ADMINISTERED AND
12 GOVERNED BY A GOVERNING BODY IN A MANNER AGREED TO BY THE
13 APPLICANT AND THE CHARTER SCHOOL BOARD. A STATE CHARTER SCHOOL
14 MAY ORGANIZE AS A NONPROFIT CORPORATION PURSUANT TO THE
15 "COLORADO REVISED NONPROFIT CORPORATION ACT", ARTICLES 121 TO
16 137 OF TITLE 7, C.R.S., WHICH SHALL NOT AFFECT ITS STATUS AS A PUBLIC
17 SCHOOL FOR ANY PURPOSES UNDER COLORADO LAW.
18 (5) EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 22-20-109,
19 22-32-115, AND 22-54-109, A STATE CHARTER SCHOOL SHALL NOT CHARGE
20 TUITION.
21 (6) PURSUANT TO ITS STATE CHARTER, A STATE CHARTER SCHOOL
22 MAY OPERATE FREE FROM SPECIFIED SCHOOL DISTRICT POLICIES AND
23 STATE RULES. THE STATE BOARD MAY WAIVE STATE STATUTORY
24 REQUIREMENTS OR RULES PROMULGATED BY THE STATE BOARD. UPON
25 REQUEST OF THE APPLICANT, THE STATE BOARD SHALL PROVIDE
26 SUMMARIES OF SUCH RULES AND POLICIES TO USE IN PREPARING A STATE
Page 16
1 CHARTER APPLICATION. THE DEPARTMENT SHALL PREPARE THE SUMMARY
2 OF STATE RULES AND POLICIES WITHIN EXISTING APPROPRIATIONS. ANY
3 WAIVER OF STATE STATUTES OR RULES MADE PURSUANT TO THIS
4 SUBSECTION (6) SHALL BE FOR THE TERM OF THE STATE CHARTER FOR
5 WHICH THE WAIVER IS MADE.
6 (7) (a) A STATE CHARTER SCHOOL SHALL BE RESPONSIBLE FOR ITS
7 OWN OPERATION INCLUDING, BUT NOT LIMITED TO, PREPARATION OF A
8 BUDGET, CONTRACTING FOR SERVICES, AND PERSONNEL MATTERS.
9 (b) A STATE CHARTER SCHOOL MAY NEGOTIATE AND CONTRACT
10 WITH A SCHOOL DISTRICT, THE GOVERNING BODY OF A STATE COLLEGE OR
11 UNIVERSITY, OR ANY THIRD PARTY FOR THE USE OF A BUILDING AND
12 GROUNDS, THE OPERATION AND MAINTENANCE THEREOF, AND THE
13 PROVISION OF ANY SERVICE, ACTIVITY, OR UNDERTAKING THAT THE STATE
14 CHARTER SCHOOL IS REQUIRED TO PERFORM IN ORDER TO CARRY OUT THE
15 EDUCATIONAL PROGRAM DESCRIBED IN ITS STATE CHARTER. THE STATE
16 CHARTER SCHOOL SHALL HAVE STANDING TO SUE AND BE SUED IN ITS OWN
17 NAME FOR THE ENFORCEMENT OF ANY CONTRACT CREATED PURSUANT TO
18 THIS PARAGRAPH (b). ANY SERVICES FOR WHICH A STATE CHARTER
19 SCHOOL CONTRACTS WITH A SCHOOL DISTRICT SHALL BE PROVIDED BY THE
20 SCHOOL DISTRICT AT COST. CREATION OF A CONTRACT WITH A SCHOOL
21 DISTRICT PURSUANT TO THIS PARAGRAPH (b) SHALL NOT BE INTERPRETED
22 AS CAUSING THE STATE CHARTER SCHOOL TO BE A PUBLIC SCHOOL OF THE
23 SCHOOL DISTRICT.
24 22-30.5-307. State charter schools - contract contents.
25 (1) (a) THE FINAL APPROVED STATE CHARTER FOR A STATE CHARTER
26 SCHOOL SHALL SERVE AS THE BASIS FOR A CONTRACT BETWEEN THE STATE
Page 17
1 CHARTER SCHOOL AND THE CHARTER SCHOOL BOARD.
2 (b) THE CONTRACT BETWEEN THE STATE CHARTER SCHOOL AND
3 THE CHARTER SCHOOL BOARD SHALL REFLECT ALL AGREEMENTS
4 REGARDING THE RELEASE OF THE STATE CHARTER SCHOOL FROM STATE
5 RULES AND STATUTORY REQUIREMENTS.
6 (2) A MATERIAL REVISION OF THE TERMS OF ANY STATE CHARTER
7 MAY BE MADE ONLY WITH THE APPROVAL OF THE GOVERNING BODY OF THE
8 STATE CHARTER SCHOOL AND THE CHARTER SCHOOL BOARD.
9 22-30.5-308. State charter application - contents. (1) THE
10 STATE CHARTER APPLICATION SHALL BE A PROPOSED AGREEMENT AND, AT
11 A MINIMUM, SHALL INCLUDE:
12 (a) THE MISSION STATEMENT OF THE STATE CHARTER SCHOOL,
13 WHICH MUST BE CONSISTENT WITH THE PRINCIPLES OF THE GENERAL
14 ASSEMBLY'S DECLARED PURPOSE IN ADOPTING THE ORIGINAL "CHARTER
15 SCHOOLS ACT", AS SET FORTH IN SECTION 22-30.5-102 (2) AND (3);
16 (b) THE GOALS, OBJECTIVES, AND PUPIL PERFORMANCE STANDARDS
17 TO BE ACHIEVED BY THE STATE CHARTER SCHOOL;
18 (c) EVIDENCE THAT AN ADEQUATE NUMBER OF PARENTS,
19 TEACHERS, PUPILS, OR ANY COMBINATION THEREOF SUPPORT THE
20 FORMATION OF THE STATE CHARTER SCHOOL;
21 (d) A DESCRIPTION OF THE STATE CHARTER SCHOOL'S
22 EDUCATIONAL PROGRAM, PUPIL PERFORMANCE STANDARDS, AND
23 CURRICULUM, WHICH SHALL MEET OR EXCEED THE STATE MODEL CONTENT
24 STANDARDS ADOPTED PURSUANT TO PART 4 OF ARTICLE 7 OF THIS TITLE
25 AND SHALL BE DESIGNED TO ENABLE EACH PUPIL TO ACHIEVE SUCH
26 STANDARDS;
Page 18
1 (e) A DESCRIPTION OF THE STATE CHARTER SCHOOL'S PLAN FOR
2 EVALUATING PUPIL PERFORMANCE, THE TYPES OF ASSESSMENTS THAT WILL
3 BE USED TO MEASURE PUPIL PROGRESS TOWARDS ACHIEVEMENT OF THE
4 SCHOOL'S PUPIL PERFORMANCE STANDARDS, THE TIMELINE FOR
5 ACHIEVEMENT OF SUCH STANDARDS, AND THE PROCEDURES FOR TAKING
6 CORRECTIVE ACTION IN THE EVENT THAT PUPIL PERFORMANCE AT THE
7 STATE CHARTER SCHOOL FALLS BELOW SUCH STANDARDS;
8 (f) EVIDENCE THAT THE STATE CHARTER SCHOOL IS
9 ECONOMICALLY SOUND, A PROPOSED BUDGET FOR THE TERM OF THE STATE
10 CHARTER, AND A DESCRIPTION OF THE MANNER IN WHICH AN ANNUAL
11 AUDIT OF THE FINANCIAL AND ADMINISTRATIVE OPERATIONS OF THE STATE
12 CHARTER SCHOOL IS TO BE CONDUCTED;
13 (g) A DESCRIPTION OF THE GOVERNANCE AND OPERATION OF THE
14 STATE CHARTER SCHOOL, INCLUDING THE NATURE AND EXTENT OF
15 PARENTAL, PROFESSIONAL EDUCATOR, AND COMMUNITY INVOLVEMENT IN
16 THE GOVERNANCE AND OPERATION OF THE STATE CHARTER SCHOOL;
17 (h) AN EXPLANATION OF THE RELATIONSHIP THAT WILL EXIST
18 BETWEEN THE STATE CHARTER SCHOOL AND ITS EMPLOYEES, INCLUDING
19 EVIDENCE THAT THE TERMS AND CONDITIONS OF EMPLOYMENT HAVE BEEN
20 ADDRESSED WITH AFFECTED EMPLOYEES AND THEIR RECOGNIZED
21 REPRESENTATIVE, IF ANY;
22 (i) THE EMPLOYMENT POLICIES OF THE STATE CHARTER SCHOOL;
23 (j) AN AGREEMENT BETWEEN THE STATE CHARTER SCHOOL AND
24 THE CHARTER SCHOOL BOARD REGARDING THEIR RESPECTIVE LEGAL
25 LIABILITY AND APPLICABLE INSURANCE COVERAGE;
26 (k) A DESCRIPTION OF HOW THE STATE CHARTER SCHOOL PLANS TO
Page 19
1 MEET THE TRANSPORTATION NEEDS OF ITS PUPILS AND, IF THE STATE
2 CHARTER SCHOOL PLANS TO PROVIDE TRANSPORTATION FOR PUPILS, A
3 PLAN FOR ADDRESSING THE TRANSPORTATION NEEDS OF LOW-INCOME AND
4 ACADEMICALLY LOW-ACHIEVING PUPILS;
5 (l) A DESCRIPTION OF THE STATE CHARTER SCHOOL'S ENROLLMENT
6 POLICY, CONSISTENT WITH THE REQUIREMENTS OF SECTION 22-30.5-304
7 (3), AND THE CRITERIA FOR ENROLLMENT DECISIONS.
8 (2) NO PERSON, GROUP, OR ORGANIZATION MAY SUBMIT AN
9 APPLICATION TO CONVERT A PRIVATE SCHOOL OR A NON-PUBLIC
10 HOME-BASED EDUCATIONAL PROGRAM INTO A CHARTER SCHOOL OR TO
11 CREATE A CHARTER SCHOOL THAT IS A NON-PUBLIC HOME-BASED
12 EDUCATIONAL PROGRAM AS DEFINED IN SECTION 22-33-104.5.
13 22-30.5-309. State charter application - process - appeal.
14 (1) THE CHARTER SCHOOL BOARD SHALL RECEIVE AND REVIEW ALL
15 APPLICATIONS FOR STATE CHARTER SCHOOLS. APPLICATIONS MUST BE
16 FILED WITH THE CHARTER SCHOOL BOARD BY OCTOBER 1 TO BE ELIGIBLE
17 FOR CONSIDERATION FOR THE FOLLOWING SCHOOL YEAR. THE CHARTER
18 SCHOOL BOARD SHALL NOT CHARGE ANY APPLICATION FEES. IF THE
19 CHARTER SCHOOL BOARD FINDS THAT A STATE CHARTER APPLICATION IS
20 INCOMPLETE, THE CHARTER SCHOOL BOARD SHALL REQUEST THE
21 NECESSARY INFORMATION FROM THE APPLICANT.
22 (2) AFTER GIVING REASONABLE PUBLIC NOTICE, THE CHARTER
23 SCHOOL BOARD SHALL HOLD COMMUNITY MEETINGS IN THE AREA IN
24 WHICH THE STATE CHARTER SCHOOL IS TO BE LOCATED TO OBTAIN
25 INFORMATION TO ASSIST THE CHARTER SCHOOL BOARD IN DETERMINING
26 WHETHER TO GRANT A STATE CHARTER APPLICATION. THE CHARTER
Page 20
1 SCHOOL BOARD SHALL RULE BY RESOLUTION ON THE STATE CHARTER
2 APPLICATION IN A PUBLIC HEARING, UPON REASONABLE PUBLIC NOTICE,
3 HELD WITHIN SIXTY DAYS AFTER RECEIVING THE STATE CHARTER
4 APPLICATION.
5 (3) THE APPLICANT AND THE CHARTER SCHOOL BOARD MAY
6 JOINTLY WAIVE THE DEADLINES SET FORTH IN THIS SECTION.
7 (4) IF THE CHARTER SCHOOL BOARD DENIES A STATE CHARTER
8 APPLICATION, IT SHALL STATE ITS REASONS FOR THE DENIAL. IF THE
9 CHARTER SCHOOL BOARD GRANTS A STATE CHARTER APPLICATION, THE
10 DEPARTMENT SHALL MAINTAIN A COPY OF THE APPROVED STATE CHARTER
11 APPLICATION ON FILE.
12 22-30.5-310. State charter schools - term - renewal of charter
13 - grounds for nonrenewal or revocation. (1) A STATE CHARTER MAY BE
14 APPROVED FOR A PERIOD OF AT LEAST THREE ACADEMIC YEARS BUT NOT
15 MORE THAN FIVE ACADEMIC YEARS. A STATE CHARTER MAY BE RENEWED
16 PERIODICALLY FOR PERIODS NOT TO EXCEED FIVE ACADEMIC YEARS.
17 (2) NO LATER THAN DECEMBER 1 OF THE YEAR PRIOR TO THE YEAR
18 IN WHICH ITS STATE CHARTER EXPIRES, THE GOVERNING BODY OF A STATE
19 CHARTER SCHOOL SHALL SUBMIT A RENEWAL APPLICATION TO THE
20 CHARTER SCHOOL BOARD. THE CHARTER SCHOOL BOARD SHALL RULE BY
21 RESOLUTION ON THE RENEWAL APPLICATION NO LATER THAN FEBRUARY
22 1 OF THE YEAR IN WHICH THE STATE CHARTER EXPIRES, OR NO LATER THAN
23 SOME OTHER MUTUALLY AGREED UPON DATE.
24 (3) A STATE CHARTER SCHOOL RENEWAL APPLICATION SUBMITTED
25 TO THE CHARTER SCHOOL BOARD SHALL CONTAIN:
26 (a) A REPORT ON THE PROGRESS OF THE STATE CHARTER SCHOOL
Page 21
1 IN ACHIEVING THE GOALS, OBJECTIVES, PUPIL PERFORMANCE STANDARDS,
2 CONTENT STANDARDS, AND OTHER TERMS OF THE STATE CHARTER; AND
3 (b) A FINANCIAL STATEMENT THAT DISCLOSES THE COSTS OF
4 ADMINISTRATION, INSTRUCTION, AND OTHER SPENDING CATEGORIES FOR
5 THE STATE CHARTER SCHOOL THAT IS UNDERSTANDABLE TO THE GENERAL
6 PUBLIC AND THAT WILL ALLOW COMPARISON OF SUCH COSTS TO OTHER
7 SCHOOLS OR OTHER COMPARABLE ORGANIZATIONS, IN A FORMAT
8 REQUIRED BY THE CHARTER SCHOOL BOARD.
9 (4) A STATE CHARTER MAY BE REVOKED OR NOT RENEWED BY THE
10 CHARTER SCHOOL BOARD IF IT DETERMINES THAT THE STATE CHARTER
11 SCHOOL DID ANY OF THE FOLLOWING:
12 (a) COMMITTED A MATERIAL VIOLATION OF ANY OF THE
13 CONDITIONS, STANDARDS, OR PROCEDURES SET FORTH IN THE STATE
14 CHARTER;
15 (b) FAILED TO MEET OR MAKE REASONABLE PROGRESS TOWARD
16 ACHIEVEMENT OF THE CONTENT STANDARDS OR PUPIL PERFORMANCE
17 STANDARDS IDENTIFIED IN THE STATE CHARTER;
18 (c) FAILED TO MEET GENERALLY ACCEPTED STANDARDS OF FISCAL
19 MANAGEMENT; OR
20 (d) VIOLATED ANY PROVISION OF LAW FROM WHICH THE STATE
21 CHARTER SCHOOL WAS NOT SPECIFICALLY EXEMPTED.
22 (5) IN ADDITION, A STATE CHARTER MAY BE NOT RENEWED UPON
23 A DETERMINATION BY THE CHARTER SCHOOL BOARD THAT IT IS NOT IN THE
24 INTEREST OF THE PUPILS TO CONTINUE THE OPERATION OF THE STATE
25 CHARTER SCHOOL.
26 (6) IF THE CHARTER SCHOOL BOARD REVOKES OR DOES NOT RENEW
Page 22
1 A STATE CHARTER, THE CHARTER SCHOOL BOARD SHALL STATE ITS
2 REASONS FOR THE REVOCATION OR NONRENEWAL.
3 22-30.5-311. State charter schools - employee options.
4 (1) (a) A STATE CHARTER SCHOOL MAY ENTER INTO AN AGREEMENT WITH
5 A SCHOOL DISTRICT UNDER WHICH A TEACHER WHO IS EMPLOYED BY THE
6 SCHOOL DISTRICT MAY TAKE A LEAVE OF ABSENCE OF UP TO THREE YEARS,
7 DURING WHICH TIME THE TEACHER SHALL BE EMPLOYED BY THE STATE
8 CHARTER SCHOOL. DURING SUCH TIME, THE STATE CHARTER SCHOOL
9 SHALL PROVIDE ALL FORMS OF COMPENSATION RECEIVED BY THE
10 TEACHER, INCLUDING BUT NOT LIMITED TO SALARY, BENEFITS, AND
11 INSURANCE.
12 (b) DURING THE FIRST YEAR THAT A TEACHER EMPLOYED BY A
13 SCHOOL DISTRICT IS EMPLOYED BY A STATE CHARTER SCHOOL PURSUANT
14 TO PARAGRAPH (a) OF THIS SUBSECTION (1), SUCH TEACHER SHALL BE
15 CONSIDERED TO BE ON A ONE-YEAR LEAVE OF ABSENCE FROM THE SCHOOL
16 DISTRICT. SUCH LEAVE OF ABSENCE SHALL COMMENCE ON THE FIRST DAY
17 OF SERVICES FOR THE CHARTER SCHOOL. UPON THE REQUEST OF THE
18 TEACHER, THE ONE-YEAR LEAVE OF ABSENCE SHALL BE RENEWED FOR UP
19 TO TWO ADDITIONAL ONE-YEAR PERIODS UPON THE MUTUAL AGREEMENT
20 OF THE TEACHER AND THE SCHOOL DISTRICT. AT THE END OF THREE
21 YEARS, THE RELATIONSHIP BETWEEN THE TEACHER AND THE SCHOOL
22 DISTRICT SHALL BE DETERMINED BY THE SCHOOL DISTRICT AND SUCH
23 DISTRICT SHALL PROVIDE NOTICE TO THE TEACHER OF THE RELATIONSHIP.
24 (2) ANY LOCAL BOARD OF EDUCATION THAT ENTERS INTO AN
25 EMPLOYMENT AGREEMENT WITH A STATE CHARTER SCHOOL AS PROVIDED
26 IN SUBSECTION (1) OF THIS SECTION SHALL DETERMINE BY POLICY OR BY
Page 23
1 NEGOTIATED AGREEMENT, IF ONE EXISTS, THE EMPLOYMENT STATUS OF
2 ANY SCHOOL DISTRICT EMPLOYEES EMPLOYED BY THE STATE CHARTER
3 SCHOOL WHO SEEK TO RETURN TO EMPLOYMENT WITH PUBLIC SCHOOLS IN
4 THE SCHOOL DISTRICT.
5 (3) EMPLOYEES OF A STATE CHARTER SCHOOL SHALL BE MEMBERS
6 OF THE PUBLIC EMPLOYEES' RETIREMENT ASSOCIATION. THE STATE
7 CHARTER SCHOOL AND THE TEACHER SHALL CONTRIBUTE THE
8 APPROPRIATE RESPECTIVE AMOUNTS AS REQUIRED BY THE FUNDS OF SUCH
9 ASSOCIATION.
10 22-30.5-312. State charter schools - financing - guidelines.
11 (1) FOR PURPOSES OF THIS SECTION:
12 (a) "BUDGET YEAR" SHALL HAVE THE SAME MEANING AS PROVIDED
13 IN SECTION 22-54-103 (3).
14 (b) "FUNDED PUPIL COUNT" SHALL HAVE THE SAME MEANING AS
15 PROVIDED IN SECTION 22-54-103 (7).
16 (c) "PUPIL ENROLLMENT" SHALL HAVE THE SAME MEANING AS
17 PROVIDED IN SECTION 22-54-103 (10).
18 (d) "STATE AVERAGE PER PUPIL FUNDING" MEANS THE TOTAL
19 PROGRAM FOR ALL DISTRICTS FOR ANY BUDGET YEAR DIVIDED BY THE
20 TOTAL FUNDED PUPIL COUNT OF ALL DISTRICTS FOR SAID BUDGET YEAR.
21 (e) "TOTAL PROGRAM" SHALL HAVE THE SAME MEANING AS IS
22 PROVIDED FOR THE PHRASE "DISTRICT'S TOTAL PROGRAM" IN SECTION
23 22-54-103 (6).
24 (2) EACH STATE CHARTER SCHOOL OPERATING PURSUANT TO THIS
25 PART 3 SHALL ANNUALLY RECEIVE THE STATE AVERAGE PER PUPIL
26 FUNDING FOR EACH PUPIL ENROLLED IN THE STATE CHARTER SCHOOL AS OF
Page 24
1 OCTOBER 1 OF THE APPLICABLE BUDGET YEAR. ON OR BEFORE NOVEMBER
2 10 OF EACH YEAR, EACH STATE CHARTER SCHOOL SHALL CERTIFY TO THE
3 STATE BOARD THE PUPIL ENROLLMENT OF THE STATE CHARTER SCHOOL AS
4 TAKEN IN THE PRECEDING OCTOBER.
5 (3) (a) THE AMOUNT RECEIVED BY EACH STATE CHARTER SCHOOL
6 SHALL BE PAYABLE FROM MONEYS ANNUALLY APPROPRIATED TO THE
7 STATE PUBLIC SCHOOL FUND AND DISTRIBUTED BY THE DEPARTMENT IN
8 MONTHLY ALLOTMENTS, AS PROVIDED IN SECTION 22-54-115.
9 (b) IF A STUDENT WITH A DISABILITY ATTENDS A STATE CHARTER
10 SCHOOL, THE STUDENT'S SCHOOL DISTRICT OF RESIDENCE SHALL BE
11 RESPONSIBLE FOR PAYING ANY TUITION CHARGE FOR THE EXCESS COSTS
12 INCURRED IN EDUCATING THE CHILD IN ACCORDANCE WITH THE
13 PROVISIONS OF SECTION 22-20-109 (5).
14 (4) THE PROPORTIONATE SHARE OF STATE AND FEDERAL
15 RESOURCES GENERATED BY STUDENTS WITH DISABILITIES OR STAFF
16 SERVING THEM SHALL BE DIRECTED BY THE CHARTER SCHOOL BOARD TO
17 STATE CHARTER SCHOOLS ENROLLING SUCH STUDENTS. THE
18 PROPORTIONATE SHARE OF MONEYS GENERATED UNDER OTHER FEDERAL
19 OR STATE CATEGORICAL AID PROGRAMS SHALL BE DIRECTED TO STATE
20 CHARTER SCHOOLS SERVING STUDENTS ELIGIBLE FOR SUCH AID.
21 (5) THE GOVERNING BODY OF A STATE CHARTER SCHOOL IS
22 AUTHORIZED TO ACCEPT GIFTS, DONATIONS, OR GRANTS OF ANY KIND
23 MADE TO THE STATE CHARTER SCHOOL AND TO EXPEND OR USE SAID GIFTS,
24 DONATIONS, OR GRANTS IN ACCORDANCE WITH THE CONDITIONS
25 PRESCRIBED BY THE DONOR; EXCEPT THAT NO GIFT, DONATION, OR GRANT
26 SHALL BE ACCEPTED BY THE GOVERNING BODY IF SUBJECT TO ANY
Page 25
1 CONDITION CONTRARY TO LAW OR CONTRARY TO THE TERMS OF THE STATE
2 CHARTER SCHOOL'S CHARTER.
3 (6) THE DEPARTMENT SHALL PROVIDE TECHNICAL ASSISTANCE TO
4 PERSONS AND GROUPS PREPARING OR REVISING STATE CHARTER
5 APPLICATIONS.
6 22-30.5-313. State charter schools - annual report. (1) ON OR
7 BEFORE JANUARY 20, 2001, AND ON OR BEFORE EACH JANUARY 20
8 THEREAFTER, THE STATE BOARD SHALL SUBMIT TO THE GOVERNOR AND
9 THE EDUCATION COMMITTEES OF THE SENATE AND THE HOUSE OF
10 REPRESENTATIVES AN EVALUATION OF AND REPORT ON THE SUCCESS OR
11 FAILURE OF STATE CHARTER SCHOOLS, THEIR RELATIONSHIP TO OTHER
12 SCHOOL REFORM EFFORTS, AND SUGGESTED CHANGES IN STATE LAW
13 NECESSARY TO STRENGTHEN OR CHANGE THE STATE CHARTER SCHOOL
14 PROGRAM. THE DEPARTMENT SHALL ASSIST THE STATE BOARD IN
15 PREPARING THE ANNUAL REPORT.
16 (2) THE STATE BOARD SHALL REVIEW INFORMATION REGARDING
17 THE RULES AND POLICIES FROM WHICH STATE CHARTER SCHOOLS WERE
18 RELEASED PURSUANT TO SECTION 22-30.5-306 TO DETERMINE IF THE
19 RELEASES ASSISTED OR IMPEDED THE STATE CHARTER SCHOOLS IN
20 MEETING THEIR STATED GOALS AND OBJECTIVES. THE STATE BOARD'S
21 EVALUATION SHALL BE INCLUDED IN THE ANNUAL REPORT PREPARED
22 PURSUANT TO SUBSECTION (1) OF THIS SECTION.
23 (3) IN PREPARING THE REPORT REQUIRED BY THIS SECTION, THE
24 STATE BOARD SHALL COMPARE THE PERFORMANCE OF STATE CHARTER
25 SCHOOL PUPILS WITH THE PERFORMANCE OF ETHNICALLY AND
26 ECONOMICALLY COMPARABLE GROUPS OF PUPILS IN OTHER PUBLIC
Page 26
1 SCHOOLS WHO ARE ENROLLED IN ACADEMICALLY COMPARABLE COURSES.
2 SECTION 2. 22-30.5-104 (7) (b), Colorado Revised Statutes, is
3 amended to read:
4 22-30.5-104. Charter school - requirements - authority.
5 (7) (b) A charter school may negotiate and contract with a school district,
6 the governing body of a state college or university, or any third party for
7 the use of a school building and grounds, the operation and maintenance
8 thereof, and the provision of any service, activity, or undertaking which
9 THAT the charter school is required to perform in order to carry out the
10 educational program described in its charter. Any services for which a
11 charter school contracts with a school district shall be provided by the
12 district at cost. THE CHARTER SCHOOL SHALL HAVE STANDING TO SUE AND
13 BE SUED IN ITS OWN NAME FOR THE ENFORCEMENT OF ANY CONTRACT
14 CREATED PURSUANT TO THIS PARAGRAPH (b).
15 SECTION 3. 22-30.5-112, Colorado Revised Statutes, is
16 amended BY THE ADDITION OF A NEW SUBSECTION to read:
17 22-30.5-112. Charter schools - financing - guidelines.
18 (3.5) NOTWITHSTANDING SUBSECTION (2) OF THIS SECTION, EACH
19 CHARTER SCHOOL WHOSE CHARTER IS APPROVED OR RENEWED ON OR
20 AFTER JULY 1, 1999, SHALL RECEIVE A SHARE OF ANY ADDITIONAL LOCAL
21 REVENUES THAT THE SCHOOL DISTRICT IS INITIALLY AUTHORIZED TO
22 RECEIVE ON OR AFTER JULY 1, 1999, PURSUANT TO SECTION 22-54-108
23 AND ANY BOND MONEYS RECEIVED BY THE SCHOOL DISTRICT FROM BONDS
24 INITIALLY ISSUED ON OR AFTER JULY 1, 1999, PURSUANT TO ARTICLE 42 OF
25 THIS TITLE. EACH CHARTER SCHOOL'S SHARE OF SAID ADDITIONAL LOCAL
26 REVENUES AND BOND MONEYS SHALL BE DETERMINED BY DIVIDING THE
Page 27
1 TOTAL AMOUNT OF SAID ADDITIONAL LOCAL REVENUES AND BOND MONEYS
2 RECEIVED BY THE SCHOOL DISTRICT BY THE NUMBER OF PUPILS ENROLLED
3 IN THE SCHOOL DISTRICT. THE CHARTER SCHOOL SHALL RECEIVE AT LEAST
4 FIFTY PERCENT OF SUCH PER PUPIL AMOUNT OF ADDITIONAL LOCAL
5 REVENUES AND BOND MONEYS, MULTIPLIED BY THE NUMBER OF PUPILS
6 ENROLLED IN THE CHARTER SCHOOL.
7 SECTION 4. Part 1 of article 30.5 of title 22, Colorado Revised
8 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
9 read:
10 22-30.5-110.5. Charter schools - transfer of charter. ON OR
11 AFTER JULY 1, 1999, A SCHOOL DISTRICT MAY REQUIRE ANY CHARTER
12 SCHOOL WITHIN SAID SCHOOL DISTRICT THAT WAS APPROVED PRIOR TO
13 SAID DATE TO TRANSFER ITS CHARTER TO THE AUTHORITY OF THE BOARD
14 OF EDUCATION FOR THE STATE CHARTER SCHOOL DISTRICT CREATED IN
15 PART 3 OF THIS TITLE. ANY CHARTER SCHOOL SO TRANSFERRED SHALL
16 CEASE BEING A PUBLIC SCHOOL OF THE SCHOOL DISTRICT AS OF THE
17 EFFECTIVE DATE OF THE TRANSFER AND SHALL BECOME A STATE CHARTER
18 SCHOOL, AS DEFINED IN SECTION 22-30.5-302, OF THE STATE CHARTER
19 SCHOOL DISTRICT. SAID TRANSFERRED CHARTER SCHOOL SHALL OPERATE
20 AS A STATE CHARTER SCHOOL UNDER THE TERMS OF THE CHARTER
21 ORIGINALLY APPROVED OR RENEWED PURSUANT TO THE PROVISIONS OF
22 THIS PART 1 FOR THE REMAINDER OF THE TERM OF THE CHARTER, WITH THE
23 BOARD OF EDUCATION FOR THE STATE CHARTER SCHOOL DISTRICT
24 ASSURING ANY DUTIES OF THE LOCAL BOARD OF EDUCATION UNDER THE
25 CHARTER. UPON EXPIRATION OF THE CHARTER, SAID TRANSFERRED
26 CHARTER SCHOOL MAY BE RENEWED AS A STATE CHARTER SCHOOL
Page 28
1 PURSUANT TO THE PROVISIONS OF SECTION 22-30.5-308. THE BOARD OF
2 EDUCATION FOR THE STATE CHARTER SCHOOL DISTRICT SHALL ACCEPT ANY
3 CHARTER SCHOOL TRANSFERRED PURSUANT TO THIS SECTION AND SHALL
4 NOT HAVE AUTHORITY TO ALTER THE TERMS OF ANY CHARTER SO
5 TRANSFERRED PRIOR TO EXPIRATION OF THE TRANSFERRED CHARTER. THE
6 TRANSFER OF ANY CHARTER UNDER THE PROVISIONS OF THIS SECTION
7 SHALL OCCUR IN ACCORDANCE WITH PROCEDURES ADOPTED BY THE
8 BOARD OF EDUCATION FOR THE STATE CHARTER SCHOOL DISTRICT
9 PURSUANT SECTION 22-30.5-305 (2) (u).
10 SECTION 5. 22-30.5-107 (3) and (4), Colorado Revised Statutes,
11 are amended to read:
12 22-30.5-107. Charter application - process. (3) If a local board
13 of education denies a charter school application or unilaterally imposes
14 conditions that are unacceptable to the charter applicant, the charter
15 applicant may appeal the decision to the state board pursuant to section
16 22-30.5-108.
17 (4) If a local board of education denies a charter school
18 application, it shall state its reasons for the denial. If a local board of
19 education grants a charter, it shall send a copy of the approved charter to
20 the department of education within fifteen days after granting the charter.
21 THE LOCAL BOARD OF EDUCATION'S DECISION TO GRANT OR DENY A
22 CHARTER SHALL BE FINAL AND NOT SUBJECT TO APPEAL.
23 SECTION 6. Repeal. 22-30.5-108 and 22-30.5-110 (5),
24 Colorado Revised Statutes, are repealed.
25 SECTION 7. 22-54-103, Colorado Revised Statutes, is amended
26 BY THE ADDITION OF A NEW SUBSECTION to read:
Page 29
1 22-54-103. Definitions. As used in this article, unless the context
2 otherwise requires:
3 (13.5) "STATE CHARTER SCHOOL" MEANS A PUBLIC SCHOOL
4 APPROVED BY THE STATE BOARD AND OPERATING PURSUANT TO A STATE
5 CHARTER GRANTED PURSUANT TO THE PROVISIONS OF PART 3 OF ARTICLE
6 30.5 OF THIS TITLE.
7 SECTION 8. 22-54-106 (4), Colorado Revised Statutes, is
8 amended to read:
9 22-54-106. Local and state shares of district total program.
10 (4) (a) The general assembly shall make annual appropriations to fund
11 the state's share of the total program of all districts AND THE AMOUNTS
12 PAYABLE TO STATE CHARTER SCHOOLS PURSUANT TO SECTION
13 22-30.5-312.
14 (b) In the event that the appropriation for the state's share of the
15 total program of all districts under this article AND THE AMOUNTS
16 PAYABLE TO STATE CHARTER SCHOOLS PURSUANT TO SECTION 22-30.5-312
17 for any budget year, as established in the general appropriation act, is not
18 sufficient to fully fund the state's share AND THE STATE CHARTER SCHOOL
19 PAYMENTS, the department of education shall submit a request for a
20 supplemental appropriation in an amount which THAT will fully fund the
21 state's share AND THE STATE CHARTER SCHOOL PAYMENTS. Such request
22 shall be made to the general assembly during the fiscal year in which
23 such underfunding occurs.
24 (c) If a supplemental appropriation is not made by the general
25 assembly to fully fund the state's share of the total program of all districts
26 AND THE AMOUNTS PAYABLE TO STATE CHARTER SCHOOLS or a
Page 30
1 supplemental appropriation is made to reduce the state's share of the total
2 program of all districts AND THE AMOUNTS PAYABLE TO STATE CHARTER
3 SCHOOLS, the state aid of each district AND THE AMOUNT PAYABLE TO
4 EACH STATE CHARTER SCHOOL shall be reduced in accordance with the
5 provisions of this paragraph (c). The total program of each district that
6 receives state aid AND THE AMOUNT PAYABLE TO EACH STATE CHARTER
7 SCHOOL shall be reduced by a percentage determined by dividing the
8 deficit in the appropriation or the reduction in the appropriation,
9 whichever is applicable, by the total program of all districts which THAT
10 receive state aid AND THE AMOUNT PAYABLE TO STATE CHARTER SCHOOLS.
11 The state aid of each district shall be reduced by the amount of the
12 reduction in the district's total program or the amount of state aid,
13 whichever is less. The department of education shall see that the
14 reduction in state aid required by this paragraph (c) is accomplished prior
15 to the end of the budget year.
16 SECTION 9. 22-54-112 (2), Colorado Revised Statutes, is
17 amended to read:
18 22-54-112. Reports to the state board. (2) (a) On or before
19 November 10 of each year, the secretary of the board of education of
20 each district shall certify to the state board the pupil enrollment of the
21 district taken in the preceding October.
22 (b) ON OR BEFORE NOVEMBER 10 OF EACH YEAR, EACH STATE
23 CHARTER SCHOOL OPERATING PURSUANT TO PART 3 OF ARTICLE 30.5 OF
24 THIS TITLE SHALL CERTIFY TO THE STATE BOARD THE PUPIL ENROLLMENT
25 OF THE STATE CHARTER SCHOOL TAKEN IN THE PRECEDING OCTOBER.
26 SECTION 10. 22-54-114 (1) and (2), Colorado Revised Statutes,
Page 31
1 are amended to read:
2 22-54-114. State public school fund. (1) There is hereby created
3 in the office of the state treasurer a fund, separate from the general fund,
4 to be known as the state public school fund. There shall be credited to
5 said fund the net balance of the public school income fund existing as of
6 December 31, 1973, and all distributions from the state public school
7 income fund thereafter made, the state's share of all moneys received
8 from the federal government pursuant to the provisions of section
9 34-63-102, C.R.S., and such additional moneys as shall be appropriated
10 by the general assembly which THAT are necessary to meet the state's
11 share of the total program of all districts, and the contingency reserve,
12 AND ANY AMOUNTS PAYABLE TO STATE CHARTER SCHOOLS PURSUANT TO
13 SECTION 22-30.5-312 during the budget year. Moneys annually
14 appropriated by the general assembly shall be transferred from the state
15 general fund and credited to the state public school fund in four quarterly
16 installments on July 1, September 30, December 31, and March 31 to
17 assure the availability of funds for the required distribution of state
18 moneys to school districts AND STATE CHARTER SCHOOLS. Such quarterly
19 installments shall be determined in accordance with estimates prepared
20 by the department of education with respect to the required distribution
21 of state moneys to school districts AND STATE CHARTER SCHOOLS.
22 (2) No later than thirty days prior to the beginning of the budget
23 year, the department of education shall determine the estimated
24 requirements in order to provide each district AND EACH STATE CHARTER
25 SCHOOL the amount it is eligible to receive from the state during the next
26 ensuing fiscal year of the state. The appropriation by the general
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1 assembly shall be based on the requirements necessary to provide all
2 districts with the amounts they are each eligible to receive from the state,
3 pursuant to the provisions of this part 1, AND TO PROVIDE ALL STATE
4 CHARTER SCHOOLS WITH THE AMOUNTS THEY ARE ELIGIBLE TO RECEIVE
5 FROM THE STATE, PURSUANT TO SECTION 22-30.5-312, during the next
6 ensuing fiscal year of the state.
7 SECTION 11. 22-54-115, Colorado Revised Statutes, is amended
8 to read:
9 22-54-115. Distribution from state public school fund.
10 (1) (a) No later than June 30 of each year, the state board shall determine
11 the amount of the state's share of the district's total program for the
12 budget year beginning on July 1, and the total thereof for all districts,
13 which amount shall be payable in twelve approximately equal monthly
14 payments during such budget year; except that such payments shall be
15 adjusted following the certification of pupil enrollments, the certification
16 of valuations for assessment to the state board pursuant to section
17 22-54-112 (1) and (2), and the certification of the amount of any impact
18 assistance grants on behalf of school districts pursuant to section
19 30-25-302, C.R.S.
20 (b) NO LATER THAN JUNE 30 OF EACH YEAR, THE STATE BOARD
21 SHALL DETERMINE THE AMOUNT PAYABLE BY THE STATE TO EACH STATE
22 CHARTER SCHOOL PURSUANT TO SECTION 22-30.5-312 FOR THE BUDGET
23 YEAR BEGINNING ON JULY 1, AND THE TOTAL THEREOF FOR ALL STATE
24 CHARTER SCHOOLS, WHICH AMOUNT SHALL BE PAYABLE IN TWELVE
25 APPROXIMATELY EQUAL MONTHLY PAYMENTS DURING SUCH BUDGET
26 YEAR; EXCEPT THAT SUCH PAYMENTS SHALL BE ADJUSTED FOLLOWING THE
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1 CERTIFICATION OF PUPIL ENROLLMENTS.
2 (2) No later than the fifteenth day of each month, the state board
3 shall certify to the state treasurer the amount payable to each district AND
4 EACH STATE CHARTER SCHOOL during said month.
5 (3) No later than the twenty-fifth day of each month, the state
6 treasurer shall pay the amount certified:
7 (a) Directly to the treasurer of each district or, in accordance with
8 written instructions from the district, directly to an account designated by
9 the district that allows the district to retain title to the funds; AND
10 (b) DIRECTLY TO THE GOVERNING BOARD OF EACH STATE CHARTER
11 SCHOOL.
12 (4) The state board shall take care to avoid overpayment of state
13 moneys. If it is determined that any district OR STATE CHARTER SCHOOL
14 has been overpaid in any month, the state board shall adjust the following
15 monthly payment or payments to such district OR STATE CHARTER SCHOOL
16 so as to recover the amount overpaid. In the event that an overpayment
17 cannot be recovered, the amount thereof shall be refunded to the state
18 public school fund by the district OR STATE CHARTER SCHOOL receiving
19 the same.
20 (5) (Deleted by amendment, L. 94, p. 800, 2, effective April 27,
21 1994.)
22 SECTION 12. Safety clause. The general assembly hereby
23 finds, determines, and declares that this act is necessary for the immediate
24 preservation of the public peace, health, and safety.