First Regular Session
Sixty-second General Assembly
LLS NO. 99-0023.01 Jeff Conway SENATE BILL 99-202
STATE OF COLORADO
BY SENATORS Anderson and Blickensderfer;
also REPRESENTATIVE Pfiffner.
EDUCATION
A BILL FOR AN ACT
101 CONCERNING AN INCREASE IN PARENTAL PARTICIPATION IN THE
102 DETERMINATION OF A SCHOOL'S CURRICULUM.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Allows a school to be known as a "neighborhood alternative
school". Permits parents and legal guardians of a school's students to
petition the board of education to use educational programs in the school
that are different from those selected by the school district. If the petition
is signed by at least 60 % of such parents and guardians, directs the
principal to submit the petition to the school's teachers.
Provides that the petition, if supported by a majority of the
teachers and agreed to by the principal, is transmitted to the board of
education. Requires the board of education to order that the petition be
implemented, unless to do so would cause an undue financial burden on
the district or unless a parent who did not sign the petition presents
substantial evidence of fraud or other irregularities.
Requires that the proposed educational program that is the subject
of the petition be identified with specificity, be uniform as to each
petition, and be clearly printed at the top of each petition.
Clarifies that any petition for changes to an educational program
may be presented to the board of education only once in any academic
year, and must be submitted to the principal no later than 180 days before
the start of the academic year in which the changes are to be
implemented. Requires that the principal and teachers act within 60 days
after petitions are submitted. Requires that the board of education make
its determination on each petition submitted within 30 days after the
action by the principal and teachers. Provides that the school district will
[ ] 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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implement such a petition for one year or a longer period designated by
the board of education. States that any change proposed by the parents
or legal guardians during the period of implementation shall be pursuant
to this new procedure.
Permits a school to present an educational program as a
neighborhood alternative school only so long as the school's aggregate
results on the statewide assessments show improvement.
Clarifies that the act shall not be construed as a waiver of any state
statute or rule.
Prohibits retaliation by the school district against an administrator
or staff member for performing any function under the act or for
supporting or opposing a circulated petition.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Part 1 of article 32 of title 22, Colorado Revised
3 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
4 read:
5 22-32-109.1. Board of education - specific duties - educational
6 programs - support of parents. (1) THE GENERAL ASSEMBLY HEREBY
7 FINDS, DETERMINES, AND DECLARES THAT PARENTS HAVE A STRONG
8 INTEREST IN THE NATURE AND SCOPE OF ANY EDUCATIONAL PROGRAM
9 PRESENTED IN THEIR CHILDREN'S SCHOOL AND THAT SITE-BASED
10 MANAGEMENT AND LOCAL DECISION-MAKING SHOULD BE ENCOURAGED
11 WHEREVER POSSIBLE. THE GENERAL ASSEMBLY FURTHER FINDS AND
12 DECLARES THAT IT IS LEGITIMATE FOR THE CURRICULUM OF A SCHOOL
13 DISTRICT TO REFLECT THE VALUE SYSTEM AND EDUCATIONAL EMPHASIS
14 THAT ARE THE COLLECTIVE WILL OF THOSE WHOSE CHILDREN ARE BEING
15 EDUCATED AND WHO ARE PAYING THE COSTS. FURTHER, THE GENERAL
16 ASSEMBLY FINDS AND DECLARES THAT THIS SECTION IS ENACTED FOR THE
17 PURPOSE OF PERMITTING A CLEAR MAJORITY OF THE PARENTS AND LEGAL
18 GUARDIANS OF THE STUDENTS IN A SCHOOL TO CONVEY THE COLLECTIVE
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1 WILL OF THE COMMUNITY AND TO HAVE THE ABILITY TO DETERMINE THE
2 EDUCATIONAL PROGRAMS OFFERED BY THE SCHOOL.
3 (2) ANY SCHOOL WITHIN WHICH ANY EDUCATIONAL PROGRAM HAS
4 BEEN DETERMINED PURSUANT TO THIS SECTION MAY BE KNOWN AND
5 REFERRED TO AS A "NEIGHBORHOOD ALTERNATIVE SCHOOL".
6 (3) NOTWITHSTANDING ANY PROVISIONS OF SECTION 22-32-109 (1)
7 (t) TO THE CONTRARY, THE PARENTS AND LEGAL GUARDIANS OF CHILDREN
8 ATTENDING A SCHOOL IN THE DISTRICT MAY PETITION THE BOARD OF
9 EDUCATION TO USE EDUCATIONAL PROGRAMS IN THAT SCHOOL THAT ARE
10 DIFFERENT FROM THOSE SELECTED BY THE DISTRICT. SIGNED PETITIONS
11 SHALL BE SUBMITTED TO THE PRINCIPAL OF THE SCHOOL. IF SUCH
12 PETITIONS ARE SIGNED BY AT LEAST SIXTY PERCENT OF ALL SUCH PARENTS
13 AND LEGAL GUARDIANS, THE PRINCIPAL SHALL SUBMIT THE PETITION TO
14 THE HOLDERS OF PROFESSIONAL TEACHER LICENSES OR PROFESSIONAL
15 TEACHER CERTIFICATES EMPLOYED AT THE SCHOOL. IF THE PETITION IS
16 APPROVED BY A MAJORITY VOTE OF SUCH HOLDERS OF LICENSES AND
17 CERTIFICATES AND THE PRINCIPAL CONCURS, SUCH PETITION SHALL BE
18 TRANSMITTED TO THE BOARD OF EDUCATION. THE BOARD OF EDUCATION
19 SHALL ORDER THAT THE PETITION BE IMPLEMENTED AND THAT THE
20 EDUCATIONAL PROGRAMS OF THE SCHOOL BE THOSE IDENTIFIED IN THE
21 PETITION, UNLESS IMPLEMENTATION WOULD CAUSE AN UNDUE FINANCIAL
22 BURDEN ON THE DISTRICT OR UNLESS A PARENT OR LEGAL GUARDIAN WHO
23 DID NOT SIGN THE PETITION PRESENTS SUBSTANTIAL EVIDENCE OF FRAUD
24 OR OTHER IRREGULARITIES IN THE PETITION.
25 (4) THE PROPOSED EDUCATIONAL PROGRAM THAT IS THE SUBJECT
26 OF ANY PETITION BROUGHT PURSUANT TO THIS SECTION SHALL BE
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1 IDENTIFIED WITH SPECIFICITY, BE UNIFORM AS TO EACH PETITION, AND BE
2 CLEARLY PRINTED AT THE TOP OF EACH PAGE OF EACH PETITION.
3 (5) PETITIONS CONCERNING A PARTICULAR EDUCATIONAL
4 PROGRAM SIGNED PURSUANT TO SUBSECTION (3) OF THIS SECTION MAY
5 ONLY BE PRESENTED TO THE BOARD OF EDUCATION ONCE IN ANY
6 ACADEMIC YEAR. NO PETITION SHALL BE SUBMITTED TO THE PRINCIPAL
7 LESS THAN ONE HUNDRED EIGHTY DAYS BEFORE THE START OF THE
8 ACADEMIC YEAR IN WHICH THE PROPOSED CHANGE IS TO BE IMPLEMENTED.
9 THE PRINCIPAL AND TEACHERS SHALL ACT ON THE PETITION WITHIN SIXTY
10 DAYS AFTER THE PETITION IS SUBMITTED TO THEM, AND THE BOARD OF
11 EDUCATION SHALL MAKE A DETERMINATION ON EACH PETITION SUBMITTED
12 WITHIN THIRTY DAYS AFTER ACTION BY THE PRINCIPAL AND TEACHERS. A
13 PETITION SHALL BE IMPLEMENTED FOR ONE ACADEMIC YEAR OR SUCH
14 LONGER PERIOD AS MAY BE DESIGNATED BY THE BOARD OF EDUCATION.
15 ANY CHANGE PROPOSED BY THE PARENTS AND LEGAL GUARDIANS OF THE
16 SCHOOL'S STUDENTS DURING THE PERIOD OF IMPLEMENTATION SHALL BE
17 PURSUANT TO THE REQUIREMENTS OF THIS SECTION.
18 (6) A SCHOOL MAY IMPLEMENT ANY EDUCATIONAL PROGRAM AS
19 DETERMINED PURSUANT TO THIS SECTION AND CONTINUE TO OPERATE AS
20 A NEIGHBORHOOD ALTERNATIVE SCHOOL ONLY SO LONG AS THE
21 PERCENTAGE OF STUDENTS IN THAT SCHOOL SCORING AT A PROFICIENT
22 LEVEL OR HIGHER ON THE STATEWIDE ASSESSMENTS IMPLEMENTED
23 PURSUANT TO SECTION 22-7-409 INCREASES FROM ONE ACADEMIC YEAR TO
24 THE NEXT ACADEMIC YEAR.
25 (7) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER
26 OF ANY STATE STATUTE OR RULE.
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1 (8) NO PERSON EMPLOYED AS PART OF A SCHOOL'S
2 ADMINISTRATION OR STAFF SHALL BE SUBJECT TO RETALIATION BY THE
3 BOARD OF EDUCATION OR THE SCHOOL DISTRICT FOR PERFORMING ANY
4 FUNCTIONS UNDER THIS SECTION OR FOR SUPPORTING OR OPPOSING A
5 PETITION CIRCULATED OR SUBMITTED PURSUANT TO THIS SECTION.
6 SECTION 2. Safety clause. The general assembly hereby finds,
7 determines, and declares that this act is necessary for the immediate
8 preservation of the public peace, health, and safety.