2019 Colorado Revised Statutes
Title 22 - Education


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Colorado Revised Statutes 2019 TITLE 22 EDUCATION Cross references: For provisions on junior colleges, contained in this title prior to 1975, see articles 71 and 72 of title 23. Law reviews: For article, "Fundamentalist Christians, the Public Schools and the Religion Clauses", see 66 Den. U.L. Rev. 289 (1989). GENERAL AND ADMINISTRATIVE ARTICLE 1 General Provisions 22-1-101. Schools defined. (1) A public school is a school that derives its support, in whole or in part, from moneys raised by a general state, county, or district tax. (2) A charter school is a public school that operates pursuant to a charter contract entered into pursuant to the provisions of article 30.5 of this title. As used in this title, unless the context otherwise requires, "charter school" includes any type of charter school created pursuant to the provisions of article 30.5 of this title. Source: G.L. § 2521. G.S. § 3071. R.S. 08: § 6008. C.L. § 8495. CSA: C. 146, § 289. CRS 53: § 123-21-1. C.R.S. 63: § 123-21-1. L. 2004: Entire section amended, p. 1586, § 12, effective June 3. 22-1-102. Residence of child. (1) Every public school shall be open for the admission of all children, between the ages of five and twenty-one years, residing in that district without the payment of tuition. The board of education shall have power to admit adults and children not residing in the district if it sees fit to do so and to fix the terms of such admission. (2) A child shall be deemed to reside in a school district if: (a) Both his or her parents, or the survivor of them, or the one of them with whom such child resides a majority of the time pursuant to an order of any court of competent jurisdiction resides in the school district; (b) The legally appointed guardian of his person resides in the school district; (c) After emancipation by his parents, or the survivor thereof, from their or his control, and he has no guardian, he lives within the school district; (d) In the judgment of the board of education of the school district wherein the child lives, the child has been abandoned by his parents; Colorado Revised Statutes 2019 Page 1 of 1211 Uncertified Printout (e) The child has become permanently dependent for his maintenance and support on someone other than his nonresident parents, or upon any charitable organization, if the dependent child is actually to make his home and receive his support within the school district where he desires to attend; (f) If one of the child's parents or the guardian of his person is a public officer or employee living temporarily for the performance of his duties in a school district other than that of his residence. Unless the parents of a child are permanently separated, the residence of the husband shall be deemed to be the residence of the child, but, if the parents have permanently separated, the residence of the child shall be that of the parent with whom the child actually lives. (g) Regardless of the residence of the parents, if any, the child adopts a dwelling place within the district with the intent to remain there indefinitely and with the intent not to return to the dwelling place from which he came, and regularly eats or sleeps there, or both, during the entire school year as defined in section 22-1-112; but the child shall be deemed not to have the requisite intent if he regularly returns to another dwelling place during summer vacations or weekends; (h) The child is found to be homeless pursuant to the provisions of section 22-1-102.5 and the child presently seeks shelter or is located in the school district; except that a homeless child shall be deemed to reside in another school district if the child attended school in such school district at the time the child became homeless, the child remains homeless, the affected school districts find that attendance in such other school district is in the best interests of the child pursuant to section 22-33-103.5, and the child chooses to continue attendance in such other school district; (i) The child is found to have become homeless pursuant to the provisions of section 221-102.5 during a period that school is not in session, the child remains homeless, and the child presently seeks shelter or is located in the school district; except that the child shall be deemed to reside in another school district if the child attended school in such school district immediately prior to the time the child became homeless, the child remains homeless, the affected school districts find that attendance in such other school district is in the best interests of the child pursuant to section 22-33-103.5, and the child chooses to continue attendance in such other school district. (3) School districts shall follow the procedures specified in section 22-33-103.5 in determining where a homeless child shall attend school and the educational services provided to homeless children. Source: G.L. § 2522. G.S. § 3072. L. 1889: p. 301, § 3. R.S. 08: § 6009. C.L. § 8496. L. 31: p. 831, § 1. CSA: C. 146, § 290. CRS 53: § 123-21-2. C.R.S. 1963: § 123-21-2. L. 67: pp. 37, 824, §§ 1, 2. L. 73: p. 1280, § 3. L. 90: (2)(h) added, p. 1040, § 1, effective April 3. L. 98: (2)(a) amended, p. 1410, § 74, effective February 1, 1999. L. 2002: (2)(h) amended and (2)(i) and (3) added, pp. 204, 205, §§ 2, 3, effective July 1. L. 2005: (1) amended, p. 69, § 2, effective March 25. Cross references: For the constitutional requirement for establishment and maintenance of public schools, see § 2 of article IX of the state constitution. Colorado Revised Statutes 2019 Page 2 of 1211 Uncertified Printout 22-1-102.5. Definition of homeless child. (1) The general assembly finds and declares that, because of the growing number of children and families who are homeless in Colorado, there is a need to ensure that all homeless children and youth receive a proper education. It is the intent of the general assembly that no child or youth shall be denied the benefits of a free education in the public schools because the child or youth is homeless. (2) (a) As used in this article 1, unless the context otherwise requires, "homeless child" means: (I) A school-aged child or youth, including preschool, who lacks a fixed, regular, and adequate nighttime residence, including but not limited to: (A) A child or youth who is living in a motel, hotel, or camping ground due to a lack of alternative adequate accommodations; (B) A child or youth who is living in an emergency or transitional shelter; and (C) A child or youth who is abandoned in a hospital; (D) (Deleted by amendment, L. 2018.) (II) A school-aged child or youth, including preschool, who has a primary nighttime residence that is: (A) A supervised, publicly or privately operated shelter designed to provide temporary living accommodations, including welfare hotels, congregate shelters, and transitional housing for persons with behavioral or mental health disorders; or (B) (Deleted by amendment, L. 2018.) (C) A public or private place not designed for, nor ordinarily used as, a regular sleeping accommodation for human beings, including but not limited to an automobile, a park, an abandoned building, a bus or train station, or a similar setting; or (III) A child or youth who is sharing the housing of another due to loss of housing, economic hardship, or for similar reasons. (b) "Homeless child" shall not include any individual imprisoned or otherwise detained pursuant to an act of congress or a state law. (c) "Homeless child" shall include a migrant school-aged child, including preschool, who meets the requirements of this subsection (2). (d) "Homeless child" shall include a school-aged child, including preschool, who meets the requirements of this subsection (2) who is not in the physical custody of a parent or legal guardian. Source: L. 90: Entire section added, p. 1040, § 2, effective April 3. L. 2002: (2) amended, p. 205, § 4, effective July 1. L. 2006: (2)(a)(II)(A) amended, p. 1404, § 61, effective August 7. L. 2017: IP(2)(a) and (2)(a)(II)(A) amended, (SB 17-242), ch. 263, p. 1318, § 169, effective May 25. L. 2018: Entire section amended, (HB 18-1306), ch. 364, p. 2182, § 5, effective August 8. Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in HB 18-1306, see section 1 of chapter 364, Session Laws of Colorado 2018. 22-1-103. Policy of state to instruct in English - exceptions. Instruction in the common branches of study in the public schools of this state shall be conducted principally through the Colorado Revised Statutes 2019 Page 3 of 1211 Uncertified Printout medium of the English language; except that it shall be the policy of the state also to encourage the school districts of the state to develop bilingual skills and to assist pupils whose experience is largely in a language other than English to make an effective transition to English with the least possible interference in other learning activities. Source: G.L. § 2523. L. 1883: p. 271, § 12. G.S. § 3073. L. 1887: p. 401, § 37. L. 01: p. 362, § 1. R.S. 08: § 6010. L. 19: p. 599, § 1. C.L. § 8497. CSA: C. 146, § 291. CRS 53: § 12321-3. L. 59: p. 675, § 1. C.R.S. 1963: § 123-21-3. L. 69: p. 1029, § 1. 22-1-104. Teaching of history, culture, and civil government. (1) The history and civil government of the United States and of the state of Colorado, which includes the history, culture, and social contributions of minorities, including, but not limited to, American Indians, Latinos, African Americans, and Asian Americans, the lesbian, gay, bisexual, and transgender individuals within these minority groups, and the intersectionality of significant social and cultural features within these communities, and the contributions and persecution of religious minorities, must be taught in all the public schools of the state. (2) Satisfactory completion of a course on the civil government of the United States and the state of Colorado, including the subjects described in subsection (1) of this section, is a condition of high school graduation in the public schools of this state. (3) (a) In an effort to increase civic participation among young people, each school district board of education shall convene a community forum on a periodic basis, but not less than once every six years, for all interested persons to discuss adopted content standards in civics, including the subjects described in subsection (1) of this section. The history, culture, social contributions, and civil government in education commission established in section 22-1104.3 shall actively participate in any such forums. (b) Based upon input from this community forum, each school district board of education shall determine how the subject areas specified in subsection (1) of this section are addressed when establishing graduation requirements. (4) (a) In an effort to strengthen the teaching of the history, culture, social contributions, and civil government of the state of Colorado and of the United States in all public schools of the state in accordance with the requirements of this section, the department of education, in conjunction with the history, culture, social contributions, and civil government in education commission established in section 22-1-104.3, shall assist the school districts of the state in developing and promoting programs for elementary and secondary students that engage the students in the process of discovery and interpretation of the subjects and topics set forth in subsection (1) of this section. (b) The department of education is authorized to accept gifts, grants, and donations in furtherance of the objectives specified in subsection (4)(a) of this section. (c) It is the intent of the general assembly that the objectives specified in subsection (4)(a) of this section are funded through the state education fund created in section 17 (4) of article IX of the state constitution. The general assembly hereby finds that the development, promotion, and maintenance by the school districts of the state of programs for elementary and secondary students that engage such students in the process of discovery and interpretation of the subjects and topics set forth in subsection (1) of this section assist these students in meeting state academic standards and may therefore be funded from money in the state education fund. Colorado Revised Statutes 2019 Page 4 of 1211 Uncertified Printout (5) (a) In an effort to strengthen the teaching of history, culture, social contributions, and civil government, as described in subsection (1) of this section, in all public schools of the state in accordance with the requirements of this section, the department of education, in conjunction with the history, culture, social contributions, and civil government in education commission established in section 22-1-104.3, shall assist the school districts of the state in developing and promoting programs for elementary and secondary students that address the state model content standards for history and civics and promote best practices while also addressing the subjects and topics described in subsection (1) of this section. (b) It is the intent of the general assembly that the objectives specified in this subsection (5) are funded through the state education fund created in section 17 (4) of article IX of the state constitution. The general assembly hereby finds that the development, promotion, and maintenance by the school districts of the state of programs for elementary and secondary students that address the state model content standards for history and civics and promote best practices while addressing the subjects and topics described in subsection (1) of this section assist these students in meeting state academic standards and may therefore be funded from money in the state education fund. (6) The state board of education shall take into consideration any recommendations of the history, culture, social contributions, and civil government in education commission established in section 22-1-104.3 when performing its six-year review of the state's education standards pursuant to section 22-7-1005 (6). Source: L. 21: p. 728, § 1. C.L. § 8498. CSA: C. 146, § 292. CRS 53: § 123-21-4. C.R.S. 1963: § 123-21-4. L. 69: p. 1022, § 2. L. 98: (2) amended, p. 328, § 1, effective April 17. L. 2003: (3) and (4) added, p. 1228, § 1, effective August 6. L. 2004: (5) added, p. 875, § 2, effective May 21. L. 2005: (6) added, p. 438, § 14, effective April 29. L. 2015: (4)(a) amended, (HB 15-1323), ch. 204, p. 719, § 17, effective May 20. L. 2019: Entire section amended, (HB 19-1192), ch. 302, p. 2773, § 1, effective May 28. Cross references: For the legislative declaration contained in the 2004 act enacting subsection (5), see section 1 of chapter 251, Session Laws of Colorado 2004. 22-1-104.3. History, culture, and civil government in education commission established - membership - duties. (1) There is established the history, culture, social contributions, and civil government in education commission, referred to in this section as the "commission". The purpose of the commission is to make recommendations to the state board of education and department of education to be used in conjunction with the regular six-year review of the state's education standards and programs pursuant to section 22-7-1005 (6). The recommendations must seek to further the discovery, interpretation, and learning of the history, culture, social contributions, and civil government of the United States and Colorado, including the contributions of American Indians, Latinos, African Americans, and Asian Americans, the lesbian, gay, bisexual, and transgender individuals within these minority groups, and the intersectionality of significant social and cultural features within these communities, and the contributions and persecution of religious minorities. The commission shall work cooperatively and in conjunction with the department of education and local school boards of education as described in section 22-1-104. Colorado Revised Statutes 2019 Page 5 of 1211 Uncertified Printout (2) The commission consists of sixteen members and, to the extent practicable, must include persons from throughout the state and persons with disabilities and must reflect the ethnic diversity of the state. A majority of the commission members must have either classroom experience or experience in developing education content standards. On or before August 15, 2019, the appointing officials shall appoint membership of the commission as follows: (a) The governor shall appoint, through the office of boards and commissions, the following members of the commission: (I) Two members from the American Indian community; (II) Two members from the Latino community; (III) Two members from the African American community; (IV) Two members from the Asian American community; (V) One member from the lesbian, gay, bisexual, and transgender community; (VI) One member who is a teacher and holds an initial or professional teacher license pursuant to article 60.5 of this title 22; (VII) One member from an organization that represents either school superintendents or local school boards; and (VIII) Two members representing higher education. One member must represent a large state institution of higher education, and one member must represent a smaller state institution of higher education. (b) The commissioner of education shall appoint two members from the department of education, who are nonvoting members; and (c) The president of the state historical society, established in part 2 of article 80 of title 24, or the president's designee, who is a nonvoting member. (3) Commission members serve for terms of four years; except that, of the members first appointed, two members appointed pursuant to each of subsections (2)(a)(I), (2)(a)(II), and (2)(a)(III) of this section and one member appointed pursuant to subsection (2)(a)(IV) of this section, as designated by the governor, serve initial terms of two years. The appointing officials shall fill any vacancies on the commission for the remainder of any unexpired term. (4) Beginning in September 2019, the commission shall meet a minimum of two times per year and additionally as needed in conjunction with the community forums established in section 22-1-104 (3)(a). (5) Commission members serve without compensation but may be reimbursed for actual and reasonable expenses incurred in the performance of their duties. Source: L. 2019: Entire section added, (HB 19-1192), ch. 302, p. 2775, § 2, effective May 28. 22-1-104.5. Teaching of visual arts and performing arts - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Course" includes, but need not be limited to, a traditional class, an online course of study, an internship, an externship, a mentor experience, or an independent study course that culminates in an integrative or specialized performance, showcase, or exhibition. (b) "Performing arts" means art forms that are expressed by individuals or groups that involve performance through multi-sensory experiences, which performances may include, but need not be limited to, dance, music, theater, and digital or electronic productions. Colorado Revised Statutes 2019 Page 6 of 1211 Uncertified Printout (c) "Visual arts" means art works created by individuals or groups using a variety of media and processes, which art works may include, but need not be limited to, drawing, painting, ceramic arts, sculpture, photography, graphic arts, printmaking, media arts, electronic or digital design, textiles, jewelry, glass arts, and fine woodworking. (2) Each public school in the state is strongly encouraged to provide courses in visual arts and in performing arts, which courses shall be based on content standards for visual arts and performing arts and provided in compliance with state and federal law. School districts and public schools are strongly encouraged to explore and implement innovative delivery mechanisms for performing arts and visual arts courses, including but not limited to using on-site technology and software, online education, and collaboration among community colleges, other school districts or public schools, boards of cooperative services, and regional service areas. Source: L. 2010: Entire section added, (HB 10-1273), ch. 233, p. 1020, § 2, effective May 18. Cross references: For the legislative declaration in the 2010 act adding this section, see section 1 of chapter 233, Session Laws of Colorado 2010. 22-1-105. Commissioner of education to provide course. (Repealed) Source: L. 21: p. 728, § 2. C.L. § 8499. CSA: C. 146, § 293. CRS 53: § 123-21-5. C.R.S. 1963: § 123-21-5. L. 84: Entire section repealed, p. 579, § 1, effective February 17. 22-1-106. Information as to honor and use of flag. (1) The commissioner of education shall provide the necessary instruction and information so that all teachers in the grade and high schools in the state of Colorado may teach the pupils therein the proper respect of the flag of the United States, to honor and properly salute the flag when passing in parade, and to properly use the flag in decorating and displaying. (2) (Deleted by amendment, L. 2004, p. 166, § 1, effective March 17, 2004.) (3) Each school district shall provide an opportunity each school day for willing students to recite the pledge of allegiance in public elementary and secondary educational institutions. Any person not wishing to participate in the recitation of the pledge of allegiance shall be exempt from reciting the pledge of allegiance and need not participate. Source: L. 23: p. 550, § 1. CSA: C. 146, § 294. CRS 53: § 123-21-6. C.R.S. 1963: § 123-21-6. L. 2003: Entire section amended, p. 2367, § 1, effective August 6. L. 2004: Entire section amended, p. 166, § 1, effective March 17. 22-1-107. Pupils to be instructed. Upon such information and instruction being furnished, it is the duty of each teacher in such schools to see that the pupils therein receive such instruction and information. Source: L. 23: p. 550, § 2. CSA: C. 146, § 295. CRS 53: § 123-21-7. C.R.S. 1963: § 123-21-7. Colorado Revised Statutes 2019 Page 7 of 1211 Uncertified Printout 22-1-108. Federal constitution to be taught. In all public and private schools located within the state of Colorado, there shall be given regular courses of instruction in the constitution of the United States. Source: L. 25: p. 447, § 1. CSA: C. 146, § 296. CRS 53: § 123-21-8. C.R.S. 1963: § 123-21-8. 22-1-109. Taught at what stages. Such instruction in the constitution of the United States shall begin not later than the opening of the junior high schools or seventh grade and shall continue in the high school course and in courses in state colleges, universities, and the educational departments of state and municipal institutions to an extent to be determined by the commissioner of education. Source: L. 25: p. 447, § 2. CSA: C. 146, § 297. CRS 53: § 123-21-9. C.R.S. 1963: § 123-21-9. 22-1-110. Effect of use of alcohol and controlled substances to be taught. The nature of alcoholic drinks and controlled substances, as defined in section 18-18-102 (5), C.R.S., and special instruction as to their effects upon the human system in connection with the several divisions of the subject of physiology and hygiene, as to the physical, emotional, psychological, and social dangers of their use with an emphasis upon the nonuse of such substances by schoolage children, and as to the illegal aspects of their use shall be included in the branches of study taught to school-age children during grades kindergarten through twelve in the public schools of the state. They shall be studied and taught, as thoroughly and in the same manner as other like required branches are taught in said schools, by the use of instructional materials and strategies designated by the board of directors of the respective school districts. Source: L. 1887: p. 378, § 1. R.S. 08: § 6011. C.L. § 8500. CSA: C. 146, § 298. CRS 53: § 123-21-10. C.R.S. 1963: § 123-21-10. L. 82: Entire section amended, p. 254, § 12, effective May 3. L. 85: Entire section amended, p. 718, § 1, effective July 1. L. 2012: Entire section amended, (HB 12-1311), ch. 281, p. 1625, § 63, effective July 1. 22-1-110.5. Education regarding human sexuality - prior written notice to parent content standards. (Repealed) Source: L. 2004: Entire section added, p. 1373, § 1, effective July 1. L. 2007: (5) to (9) added, p. 828, § 2, effective July 1. L. 2013: Entire section repealed, (HB 13-1081), ch. 303, p. 1600, § 1, effective May 28. 22-1-111. Failure to teach temperance. (Repealed) Source: L. 1887: p. 379, § 2. R.S. 08: § 6012. C.L. § 8501. CSA: C. 146, § 299. CRS 53: § 123-21-11. C.R.S. 1963: § 123-21-10. L. 82: Entire section amended, p. 254, § 11, effective May 3. L. 85: Entire section repealed, p. 718, § 2, effective July 1. Colorado Revised Statutes 2019 Page 8 of 1211 Uncertified Printout 22-1-112. School year - national holidays. The school year shall begin on the first day of July and end on the thirtieth day of June. The term "national holidays" in this title shall be construed to mean Thanksgiving day, Christmas day, New Year's day, the third Monday in January, observed as the birthday of Dr. Martin Luther King, Jr., Washington-Lincoln day, Memorial day, Labor day, Independence day, and Veterans' day. Source: G.L. § 2524. G.S. § 3074. L. 1887: p. 401, § 38. R.S. 08: § 6013. C.L. § 8502. L. 25: p. 455, § 1. CSA: C. 146, § 300. CRS 53: § 123-21-12. L. 61: p. 681, § 1. C.R.S. 1963: § 123-21-12. L. 84: Entire section amended, p. 670, § 5, effective January 1, 1986. 22-1-113. School census - oath of parent. (Repealed) Source: L. 19: p. 575, § 1. L. 21: p. 696, § 1. C.L. § 8503. CSA: C. 146, § 301. CRS 53: § 123-21-13. C.R.S. 1963: § 123-21-13. L. 2006: Entire section repealed, p. 594, § 2, effective August 7. 22-1-114. Statements from private schools. Whenever requested by the board of education of the school district in which a private school is located, if not more often than once per month, the person or corporation in charge and control of any school other than a public school shall certify in writing, and, if so requested, upon forms or blanks furnished by the said school district for that purpose, a statement containing the name, age, place of residence, and number of days of attendance at school during the preceding month or since the preceding report of all children of school age who then are or since the preceding report have been attending any such school. Source: L. 21: p. 697, § 2. C.L. § 8504. CSA: C. 146, § 302. CRS 53: § 123-21-14. C.R.S. 1963: § 123-21-14. 22-1-115. School census - school age. A school census is a census embracing all persons between the ages of five and twenty-one years. School age is any age over five and under twenty-one years; but any child attaining school age during the school year may be admitted to school subject to the requirements for admission fixed by the school board of the district in which he or she applies for enrollment. Source: G.L. § 2525. G.S. § 3075. R.S. 08: § 6014. C.L. § 8505. CSA: C. 146, § 303. CRS 53: § 123-21-15. L. 61: p. 682, § 1. C.R.S. 1963: § 123-21-15. L. 2005: Entire section amended, p. 69, § 3, effective March 25. 22-1-116. School children - sight and hearing tests. The sight and hearing of all children in the kindergarten, first, second, third, fifth, seventh, and ninth grades, or children in comparable age groups referred for testing, shall be tested during the school year by the teacher, principal, or other qualified person authorized by the school district. Each school in the district shall make a record of all sight and hearing tests given during the school year and record the individual results of each test on each child's records. The parents or guardian shall be informed Colorado Revised Statutes 2019 Page 9 of 1211 Uncertified Printout when a deficiency is found. The provisions of this section shall not apply to any child whose parent or guardian objects on religious or personal grounds. Source: L. 09: p. 490, § 1. C.L. § 8506. CSA: C. 146, § 304. CRS 53: § 123-21-16. C.R.S. 1963: § 123-21-16. L. 81: Entire section amended, p. 1052, § 1, effective May 18. 22-1-117. Secret fraternities forbidden. It is unlawful for any pupil who is registered in and attending any high school, district, primary, or graded school which is partially or wholly maintained by public funds to join or become a member of any secret fraternity, sorority, or society wholly or partially formed from the membership of pupils attending any such schools or to belong to or to take part in the organization or formation of any fraternity, sorority, or society, except such societies or associations as shall be sanctioned by the board of directors of the school districts wherein such schools are maintained. Source: L. 13: p. 575, § 1. C.L. § 8509. CSA: C. 146, § 306. CRS 53: § 123-21-18. C.R.S. 1963: § 123-21-18. 22-1-118. School board to enforce. The boards of directors of all school districts shall enforce the provisions of section 22-1-117, and shall have full power to make, adopt, and modify all rules and regulations which in their judgment and discretion may be necessary for the proper governing of such schools and for the enforcing of all the provisions of section 22-1-117. Source: L. 13: p. 575, § 2. C.L. § 8510. CSA: C. 146, § 307. CRS 53: § 123-21-19. C.R.S. 1963: § 123-21-19. 22-1-119. Students - dispensing of drugs to - liability. Any school employee who dispenses any drug, as such term is defined in section 12-280-103 (16), to a student in accordance with written instructions from a parent or legal guardian shall not be liable for damages in any civil action or subject to prosecution in any criminal proceedings for an adverse drug reaction suffered by the student as a result of dispensing such drug. Source: L. 81: Entire section added, p. 706, § 25, effective July 1. L. 2012: Entire section amended, (HB 12-1311), ch. 281, p. 1625, § 64, effective July 1. L. 2019: Entire section amended, (HB 19-1172), ch. 136, p. 1682, § 115, effective October 1. 22-1-119.1. Policy for employee and agent possession and administration of opiate antagonists - definitions. (1) A school district board of education of a public school, the state charter school institute for an institute charter school, or the governing board of a nonpublic school may adopt and implement a policy whereby: (a) A school under its jurisdiction may acquire and maintain a stock supply of opiate antagonists; and (b) An employee or agent of the school may, after receiving appropriate training, administer an opiate antagonist on school grounds to assist an individual who is at risk of experiencing an opiate-related drug overdose event. The training provided pursuant to this Colorado Revised Statutes 2019 Page 10 of 1211 Uncertified Printout subsection (1)(b) must include risk factors for overdose, recognizing an overdose, calling emergency medical services, rescue breathing, and administering an opiate antagonist. (2) An employee or agent of a school acting in accordance with a policy adopted pursuant to this section is not subject to civil liability or criminal prosecution, as specified in sections 13-21-108.7 (3) and 18-1-712 (2), respectively. (3) As used in this section: (a) "Opiate antagonist" means naloxone hydrochloride or any similarly acting drug that is not a controlled substance and that is approved by the federal food and drug administration for the treatment of a drug overdose. (b) "Opiate-related drug overdose event" means an acute condition, including a decreased level of consciousness or respiratory depression, that: (I) Results from the consumption or use of a controlled substance or another substance with which a controlled substance was combined; (II) A layperson would reasonably believe to be caused by an opiate-related drug overdose event; and (III) Requires medical assistance. Source: L. 2019: Entire section added, (SB 19-227), ch. 273, p. 2575, § 1, effective May 23. Editor's note: Section 17(2) of chapter 273 (SB 19-227), Session Laws of Colorado 2019, provides that the act adding this section applies to conduct occurring on or after May 23, 2019. 22-1-119.3. Policy for student possession and administration of prescription medication - rules - definition. (1) A school district board of education may adopt and implement a policy whereby, except as described in subsection (3) of this section, a student enrolled in a school of the school district may possess and self-administer on school grounds, upon a school bus, or at any school-sponsored event any medication that is prescribed by a licensed health care practitioner to be used by the student. (2) (a) If a school district board of education adopts and implements a policy described by subsection (1) of this section, a parent or legal guardian of a student who is enrolled in a school of the school district and for whom medication is prescribed by a licensed health care practitioner shall notify the school's administration of the student's medical needs and of the fact that the student may be in possession of his or her prescribed medications as described in subsection (1) of this section. The notification, when appropriate, shall include the treatment plan that has been devised for the student by a licensed health care practitioner. (b) If a school's administration receives notice from a student's parent or legal guardian that the student may be in possession of his or her prescribed medications, the school's administration shall ensure that such notice is provided to the student's teachers and the school nurse or other person who is designated to provide health services to students at the school. (c) Nothing in this section shall be construed to limit the ability of a public school to require a parent or legal guardian of a student who has medication prescribed for a lifethreatening condition to provide to the school a sufficient supply of the medication to be stored at the school to be administered to the student in the event of a health emergency. Colorado Revised Statutes 2019 Page 11 of 1211 Uncertified Printout (3) (a) A policy adopted by a school district board of education pursuant to subsection (1) of this section shall include, but need not be limited to: (I) A process by which a school may restrict a student from possessing and selfadministering on school grounds, on a school bus, or at a school-sponsored event a medication that is prescribed by a licensed health care practitioner to be used by the student. The process shall require the school administration to make a determination as to whether a student's possession or self-administration of the medication poses a significant risk of harm to the student or to other students. (II) A requirement that if a student has medication prescribed for a life-threatening condition, a sufficient supply of the medication is provided to the school by the student's parent or legal guardian, stored safely at the school, and kept readily available to be administered to the student in a timely fashion in the event of a health emergency. (b) A student who possesses a prescribed medication on school grounds, upon a school bus, or at a school-sponsored event in accordance with a policy adopted by a school district pursuant to this section may possess only enough of his or her prescribed medication to render a sufficient dosage to the student to adequately treat the student's condition for a single day or for the duration of the event, whichever is appropriate; except that this provision shall not apply to a student who requires and possesses an insulin pump or other medical device that delivers dosages of prescribed medication to the student over a period of time that exceeds a single day or the duration of the event. (c) A student shall not possess or self-administer medical marijuana on school grounds, upon a school bus, or at any school-sponsored event, except as provided for in paragraph (d) of this subsection (3). (d) (I) (A) A primary caregiver may possess, and administer to a student who holds a valid recommendation for medical marijuana, medical marijuana in a nonsmokeable form upon the grounds of the preschool or primary or secondary school in which the student is enrolled, or upon a school bus or at a school-sponsored event. The primary caregiver shall not administer the nonsmokeable medical marijuana in a manner that creates disruption to the educational environment or causes exposure to other students. (B) After the primary caregiver administers the medical marijuana in a nonsmokeable form, the primary caregiver shall remove any remaining medical marijuana in a nonsmokeable form from the grounds of the preschool or primary or secondary school, the school bus, or school-sponsored event. (II) Nothing in this section requires the school district staff to administer medical marijuana. (III) A school district board of education or charter school may adopt policies regarding who may act as a primary caregiver pursuant to this paragraph (d) and the reasonable parameters of the administration and use of medical marijuana in a nonsmokeable form upon the grounds of the preschool or primary or secondary school in which the student is enrolled, or upon a school bus or at a school-sponsored event. (IV) This paragraph (d) does not apply to a school district or charter school if: (A) The school district or charter school loses federal funding as a result of implementing this paragraph (d); (B) The school district or charter school can reasonably demonstrate that it lost federal funding as a result of implementing this paragraph (d); and Colorado Revised Statutes 2019 Page 12 of 1211 Uncertified Printout (C) The school district or charter school posts on its website in a conspicuous place a statement regarding its decision not to comply with this paragraph (d). (V) Student possession, use, distribution, or sale or being under the influence of a cannabinoid product inconsistent with this paragraph (d) is not permitted. (VI) This paragraph (d) shall be known as "Jack's Law". (d.5) (I) Medical marijuana in a nonsmokeable form shall not be administered at a school pursuant to this subsection (3)(d.5) unless a written plan for the administration of medical marijuana in a nonsmokeable form is agreed to and signed by the school principal or his or her designee and a parent or legal guardian. (II) Prior to the administration of medical marijuana in a nonsmokeable form at school, the student's parent or legal guardian shall complete and submit to the school the documentation required by rule of the state board of education, including but not limited to: (A) A written medical marijuana recommendation that includes the signature of one of the recommending physicians and the purpose, recommended dosage, frequency, and length of time between dosages of the medical marijuana in a nonsmokeable form to be administered; and (B) A written statement from the student's parent or legal guardian releasing the school, and employees and volunteers of the school, from liability, except in cases of willful or wanton conduct or disregard of the criteria of the treatment plan. (III) (A) Subject to the requirements specified in subsections (3)(d.5)(I) and (3)(d.5)(II) of this section, school personnel may possess, and administer to a student who holds a valid recommendation for medical marijuana, medical marijuana in a nonsmokeable form upon the grounds of the preschool or primary or secondary school in which the student is enrolled, or upon a school bus or at a school-sponsored event. The school personnel shall not administer the nonsmokeable medical marijuana in a manner that creates disruption to the educational environment or causes exposure to other students. If a student who is subject to the provisions of this subsection (3)(d.5) takes a school trip outside of the state of Colorado or participates in a school activity outside of the state of Colorado, the provisions of this subsection (3)(d.5) do not apply for the time during which the student is engaged in the trip or activity outside of the state of Colorado. (B) Nothing in this subsection (3)(d.5) requires any school personnel to administer medical marijuana. Administration of medical marijuana in a nonsmokeable form is at the discretion of the parent or legal guardian, the school principal or his or her designee, or the designated school personnel. (C) It is an exception from the state's criminal laws for school personnel to possess and administer medical marijuana in a nonsmokeable form in compliance with this subsection (3)(d.5) to a student who holds a valid recommendation for medical marijuana, except as otherwise provided in section 18-18-406.3. (IV) A school may adopt policies regarding who may act as school personnel pursuant to this subsection (3)(d.5) and the reasonable parameters of the administration and use of medical marijuana in a nonsmokeable form upon the grounds of the preschool or primary or secondary school in which the student is enrolled, or upon a school bus or at a school-sponsored event. (V) This subsection (3)(d.5) does not apply to a school if: (A) The school loses federal funding as a result of implementing this subsection (3)(d.5); (B) The school can reasonably demonstrate that it lost federal funding as a result of implementing this subsection (3)(d.5); and Colorado Revised Statutes 2019 Page 13 of 1211 Uncertified Printout (C) The school posts on its website in a conspicuous place a statement regarding its decision not to comply with this subsection (3)(d.5). (VI) Student possession, use, distribution, or sale, or a student being under the influence, of a cannabinoid product inconsistent with this subsection (3)(d.5) is not permitted. (VII) The student's parent, guardian, or designee shall deliver the student's medical marijuana in a nonsmokeable form, in a container that contains clearly labeled instructions or the plan for administration must clearly specify instructions for the dosing, timing, and delivery route instructions from one of the student's recommending physicians, to the person designated by the school as the person who secures the medical marijuana before the student attends school for the school day. The person who secures the medical marijuana in a nonsmokeable form shall place the medical marijuana in a locked storage container. After the school personnel administers the medical marijuana in a nonsmokeable form, the school personnel shall place the medical marijuana in a locked medical marijuana storage container designated by the school. The person who secures the medical marijuana in a nonsmokeable form shall return any unused medical marijuana to the student's parent, guardian, or designee at the end of each school day. The student shall not handle the medical marijuana in a nonsmokeable form on the grounds of the school, school bus, or school-sponsored event. (VIII) Neither this section nor any other state or federal law, including without limitation the "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and section 504 of the "Rehabilitation Act of 1973", 29 U.S.C. sec. 794, as amended, may be used to require a school or any employee or volunteer thereof to store medical marijuana on the grounds of a school, school bus, or school-sponsored event or to administer medical marijuana. (IX) For purposes of this subsection (3)(d.5), "school personnel" means school personnel designated by agreement between the principal or his or her designee and a parent or legal guardian. (e) Notwithstanding the provisions of section 22-33-106 (1)(d)(II), a school district or charter school may not discipline a student who holds a valid recommendation for medical marijuana solely because the student requires medical marijuana in a nonsmokeable form as a reasonable accommodation necessary for the child to attend school. (f) A school district or charter school may not deny eligibility to attend school to a student who holds a valid recommendation for medical marijuana solely because the student requires medical marijuana in a nonsmokeable form as a reasonable accommodation necessary for the child to attend school. (4) The state board of education may promulgate rules for the implementation of this section. (5) A school district board of education that adopts a policy pursuant to subsection (1) of this section shall be exempt from rules promulgated by the state board of education pursuant to the "Colorado Schoolchildren's Asthma, Food Allergy, and Anaphylaxis Health Management Act", section 22-1-119.5. Source: L. 2011: Entire section added, (SB 11-012), ch. 62, p. 161, § 2, effective March 25. L. 2015: (3)(c) amended, (SB 15-014), ch. 199, p. 688, § 9, effective May 18. L. 2016: (3)(c) amended and (3)(d), (3)(e), and (3)(f) added, (HB 16-1373), ch. 232, p. 935, § 1, effective June 6. L. 2018: (3)(d.5) added, (HB 18-1286), ch. 365, p. 2187, § 1, effective June 4. Colorado Revised Statutes 2019 Page 14 of 1211 Uncertified Printout Cross references: For the legislative declaration in SB 15-014, see section 1 of chapter 199, Session Laws of Colorado 2015. 22-1-119.5. Asthma, food allergy, and anaphylaxis health management - selfadministered medication - staff-administered medication - rules - definitions. (1) This section shall be known and may be cited as the "Colorado Schoolchildren's Asthma, Food Allergy, and Anaphylaxis Health Management Act". (2) (a) A student with asthma, a food allergy, other severe allergies, or a related, lifethreatening condition may possess and self-administer medication to treat the student's asthma, food or other allergy, anaphylaxis, or other related, life-threatening condition if the student has a treatment plan approved pursuant to this subsection (2) or the student's school district board of education has adopted a policy for student possession and administration of prescription medication pursuant to section 22-1-119.3. (b) A public school shall, and a nonpublic school is encouraged to, approve a treatment plan for a student enrolled in the school to possess and self-administer medication for asthma, a food allergy, or anaphylaxis if all of the following conditions are met: (I) A health care practitioner has prescribed medication for use by the student during school hours, at school-sponsored activities, and while in transit to or from school or schoolsponsored activities and has instructed the student in the correct and responsible use of the medication. (II) The student demonstrates to the health care practitioner or the health care practitioner's designee and the school nurse or a school administrator the skill level necessary to use the medication and any device that is necessary to administer the medication as prescribed. (III) The school nurse or a school administrator collaborates with the student's health care practitioner to formulate a written treatment plan for managing asthma, food allergy, or anaphylaxis episodes of the student and for medication use by the student during school hours, at school-sponsored activities, and while in transit to or from school or school-sponsored activities. (IV) The student's parent or legal guardian completes and submits to the public or nonpublic school the documentation required by rule of the state board of education, including but not limited to: (A) A written medical authorization that includes the signature of the health care practitioner for the medication prescribed; the name, purpose, prescribed dosage, frequency, and length of time between dosages of the medications to be self-administered; and confirmation from the health care practitioner that the student has been instructed and is capable of selfadministration of the prescribed medications; (B) A written statement from the student's parent or legal guardian releasing the school, school district, any associated entity, and employees and volunteers of the school, school district, and associated entity from liability, except in cases of willful or wanton conduct or disregard of the criteria of the treatment plan; and (C) A written contract between the school nurse or a school administrator, the student, and the student's parent or legal guardian assigning levels of responsibility to the parent or legal guardian, student, and school employees. (c) A treatment plan shall be effective only for the school year in which it is approved. The public school shall approve a new treatment plan for each school year so long as the plan meets the conditions specified in paragraph (b) of this subsection (2). The parent or legal Colorado Revised Statutes 2019 Page 15 of 1211 Uncertified Printout guardian shall submit a new treatment plan annually or more often if changes occur to the student's health or prescribed treatment. (3) A student with a treatment plan approved pursuant to subsection (2) of this section or whose school district board of education has adopted a policy for student possession and administration of prescription medication pursuant to section 22-1-119.3 may possess and selfadminister his or her medication while in school, while at school-sponsored activities, and while in transit to or from school or school-sponsored activities. (4) With the approval of the parent or legal guardian of a student with a treatment plan approved pursuant to subsection (2) of this section, a school may maintain additional asthma, food or other allergy, or anaphylaxis medication to be kept at the school in a location to which the student has immediate access in the event of an asthma, food or other allergy, or anaphylaxis emergency. (5) Immediately after using an epinephrine auto-injector during school hours, a student shall report to the school nurse, to the designee of the school nurse, or to some adult at the school to enable the school nurse, nurse's designee, or other adult to provide the appropriate follow-up care, which shall include making a 911 emergency call. (5.5) (a) As used in this subsection (5.5) and in subsection (6) of this section, unless the context otherwise requires: (I) "Administer" or "administration" means to give a dose of medicine to a student who has asthma or a food or other allergy or who is experiencing anaphylaxis, including the use of an epinephrine auto-injector, an asthma inhaler, or oral medication. (II) "Designated school personnel" means: (A) An employee in a school who has been trained on the administration of epinephrine auto-injectors consistent with the rules on administration of epinephrine auto-injectors and to whom a school nurse has delegated the nursing task of administering epinephrine auto-injectors to students; or (B) An employee in a school who has been trained on the administration of epinephrine auto-injectors consistent with the rules on administration of epinephrine auto-injectors and to whom a nurse has delegated the nursing task of administering epinephrine auto-injectors to students or has been trained by a medical professional licensed under article 240 or 255 of title 12 and to whom the licensee has delegated the administration of epinephrine auto-injectors under the authority of that person's license. (III) "Governing authority of a school" means a school district board of education of a public school, the state charter school institute for an institute charter school, or the governing board of a nonpublic school. (IV) "Prescription" means any order issued in writing, dated and signed by a physician licensed pursuant to article 240 of title 12, a physician assistant licensed in accordance with section 12-240-113, or an advanced practice nurse with prescriptive authority in accordance with section 12-255-112. (V) "School" means any public or nonpublic school. (b) A governing authority of a school may adopt and implement a policy whereby schools under its jurisdiction may acquire and maintain a stock supply of epinephrine autoinjectors. (c) A governing authority of a school may adopt a policy for schools within its jurisdiction to authorize the school nurse or other designated school personnel to administer an Colorado Revised Statutes 2019 Page 16 of 1211 Uncertified Printout epinephrine auto-injector to any student that the school nurse or designated school personnel in good faith believes is experiencing anaphylaxis, in accordance with standing orders and protocols from a licensed physician, physician assistant, or advanced practice nurse with prescriptive authority, regardless of whether the student has a prescription for an epinephrine auto-injector. (d) A governing authority of a school may enter into arrangements with manufacturers of epinephrine auto-injectors or third-party suppliers of epinephrine auto-injectors to obtain epinephrine auto-injectors at fair-market or reduced prices or for free. (e) The governing authority of a public school that decides to maintain a supply of epinephrine auto-injectors as described in this subsection (5.5) shall: (I) Implement a plan based on the rules developed pursuant to subsection (8) of this section for the management of students with life-threatening allergies enrolled in schools under its jurisdiction; and (II) Make such plan available on such governing authority's website or the website of each school under the governing authority's jurisdiction, or if such websites do not exist, make such plan available to parents and other interested persons through other practical means as determined by such governing authority. (f) To qualify for the protections in subsection (6) of this section, the governing authority of a nonpublic school that decides to maintain a supply of epinephrine auto-injectors as described in this subsection (5.5) must implement a plan based on the rules adopted by the state board of education as described in subsection (8) of this section. (g) The department of education shall develop and publish an annual report compiling, summarizing, and analyzing all incident reports submitted to the department pursuant to paragraph (e) of subsection (8) of this section. (6) Unless the damages were caused by willful or wanton conduct or disregard of the criteria of an approved treatment plan, if the provisions of this section are met, a school, school district, school district director, or school or school district employee not otherwise provided for under section 13-21-108, C.R.S., shall not be liable in a suit for damages as a result of an act or omission related to: (a) A student's own use of the student's epinephrine auto-injector or any other medication contained in an approved treatment plan; or (b) The good-faith administration of an epinephrine auto-injector in accordance with a policy and standing orders and protocols on the administration of epinephrine auto-injectors as described in paragraph (c) of subsection (5.5) of this section and pursuant to a plan adopted pursuant to paragraph (e) or (f) of subsection (5.5) of this section. (7) Nothing in this section shall be interpreted to create a cause of action or increase or diminish the liability of any person. (8) The state board of education, with assistance from the department of public health and environment, shall promulgate and revise, as necessary, rules for treatment plans for the management of students with life-threatening allergies pursuant to this section. The state board of education shall adopt rules on or before December 31, 2013, to include, but not be limited to: (a) Education and training for school nurses and designated school personnel on the management of students with life-threatening allergies, including training related to the administration of an epinephrine auto-injector. In developing the rules on education and training, the state board shall solicit input from an organization that represents school nurses. Colorado Revised Statutes 2019 Page 17 of 1211 Uncertified Printout (b) Procedures for responding to life-threatening allergic reactions; (c) A process for the development of individualized health care and allergy action plans for every student with a known life-threatening allergy, including the self-administration of medications pursuant to subsection (2) of this section; (d) Protocols to prevent exposure to allergens; (e) Requirements for each school to submit, on a form developed by the department of education, a report of each incident at the school or a related-school event involving a severe allergic reaction or the administration of an epinephrine auto-injector or both; (f) Requirements for school nurses in schools that have adopted a policy allowing for the administration of epinephrine auto-injectors pursuant to subsection (5.5) of this section to report to the department whether the school nurse has trained and designated any school personnel to administer epinephrine auto-injectors and, if so, the number of employees in the school or school district that have been trained and designated to administer epinephrine auto-injectors; (g) Detailed standards for training programs that must be completed by school nurses and designated school personnel in order to administer an epinephrine auto-injector in accordance with subsection (5.5) of this section. Training may be conducted online and, at a minimum, shall cover: (I) Techniques on how to recognize symptoms of severe allergic reactions, including anaphylaxis; (II) Standards and procedures for the storage and administration of an epinephrine autoinjector; and (III) Emergency follow-up procedures after administering an epinephrine auto-injector. (9) The department of public health and environment is authorized to audit school records for the determination of asthma and severe allergy rates within the schools and to determine the proportion of those students with asthma and severe allergies in the schools that have treatment plans allowing for self-administration of asthma and severe allergy medications. The audit shall define the extent of asthma and severe allergies among students and determine the effect of this section on the well-being of children with asthma and severe allergies in schools. The audit shall be conducted in conformance with the requirements of the "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g. Source: L. 2005: Entire section added, p. 257, § 2, effective April 14. L. 2009: (1), (2)(a), (2)(b), and (4) amended, (SB 09-226), ch. 245, p. 1106, § 7, effective August 5. L. 2011: (2)(a) and (3) amended, (SB 11-012), ch. 62, p. 161, § 1, effective March 25. L. 2013: (5.5) added and (6) and (8) amended, (HB 13-1171), ch. 348, p. 2022, § 1, effective May 28. L. 2019: (5.5)(a)(II)(B) and (5.5)(a)(IV) amended, (HB 19-1172), ch. 136, p. 1682, § 116, effective October 1. Cross references: For the legislative declaration contained in the 2005 act enacting this section, see section 1 of chapter 71, Session Laws of Colorado 2005. For the legislative declaration contained in the 2009 act amending subsections (1), (2)(a), (2)(b), and (4), see section 1 of chapter 245, Session Laws of Colorado 2009. 22-1-120. Rights of free expression for public school students. (1) The general assembly declares that students of the public schools shall have the right to exercise freedom of Colorado Revised Statutes 2019 Page 18 of 1211 Uncertified Printout speech and of the press, and no expression contained in a student publication, whether or not such publication is school-sponsored, shall be subject to prior restraint except for the types of expression described in subsection (3) of this section. This section shall not prevent the advisor from encouraging expression which is consistent with high standards of English and journalism. (2) If a publication written substantially by students is made generally available throughout a public school, it shall be a public forum for students of such school. (3) Nothing in this section shall be interpreted to authorize the publication or distribution in any media by students of the following: (a) Expression that is obscene; (b) Expression that is libelous, slanderous, or defamatory under state law; (c) Expression that is false as to any person who is not a public figure or involved in a matter of public concern; or (d) Expression that creates a clear and present danger of the commission of unlawful acts, the violation of lawful school regulations, or the material and substantial disruption of the orderly operation of the school or that violates the rights of others to privacy or that threatens violence to property or persons. (4) The board of education of each school district shall adopt a written publications code, which shall be consistent with the terms of this section, and shall include reasonable provisions for the time, place, and manner of conducting free expression within the school district's jurisdiction. The publications code shall be distributed, posted, or otherwise made available to all students and teachers at the beginning of each school year. (5) (a) Student editors of school-sponsored student publications shall be responsible for determining the news, opinion, and advertising content of their publications subject to the limitations of this section. It shall be the responsibility of the publications advisor of schoolsponsored student publications within each school to supervise the production of such publications and to teach and encourage free and responsible expression and professional standards for English and journalism. (b) For the purposes of this section, "publications advisor" means a person whose duties include the supervision of school-sponsored student publications. (6) If participation in a school-sponsored publication is part of a school class or activity for which grades or school credits are given, the provisions of this section shall not be interpreted to interfere with the authority of the publications advisor for such school-sponsored publication to establish or limit writing assignments for the students working with the publication and to otherwise direct and control the learning experience that the publication is intended to provide. (7) No expression made by students in the exercise of freedom of speech or freedom of the press shall be deemed to be an expression of school policy, and no school district or employee, or parent, or legal guardian, or official of such school district shall be held liable in any civil or criminal action for any expression made or published by students. (8) Nothing in this section shall be construed to limit the promulgation or enforcement of lawful school regulations designed to control gangs. For the purposes of this section, the definition of "gang" shall be the definition found in section 19-1-103 (52), C.R.S. Colorado Revised Statutes 2019 Page 19 of 1211 Uncertified Printout Source: L. 90: Entire section added, p. 1042, § 1, effective June 7. L. 98: (8) amended, p. 823, § 30, effective August 5. L. 2000: (3) amended, p. 1971, § 13, effective June 2. L. 2006: (4) amended, p. 595, § 3, effective August 7. 22-1-121. Nonpublic schools - employment of personnel - notification by department of education. (1) Prior to the employment of any person by a nonpublic school in this state, the governing board of such school may make an inquiry concerning such person to the department of education for the purpose of determining: (a) Whether such person has been convicted of, has pled nolo contendere to, or has received a deferred sentence or deferred prosecution for: (I) A felony; or (II) A misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children; (b) Whether such person has been dismissed by, or has resigned from, a school district as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior, which was supported by a preponderance of the evidence according to information provided to the department by a school district pursuant to section 22-32-109.7 and confirmed by the department pursuant to the provisions of section 22-2-119 (1)(b); (c) If a holder of a license or authorization pursuant to the provisions of article 60.5 of this title, whether such person's certificate, letter of authorization, authorization, or license has ever been annulled, suspended, or revoked pursuant to the provisions of section 22-60-110 (2)(b) as said section existed prior to July 1, 1999, or pursuant to article 60.5 of this title following a conviction, a plea of nolo contendere, or a deferred sentence for a crime involving unlawful sexual behavior or unlawful behavior involving children. (1.5) During the time that a person is employed by a nonpublic school in this state, the governing board of such school may make an inquiry concerning such person to the department of education for the purposes described in subsection (1) of this section. (1.7) (a) To facilitate the inquiry permitted by subsection (1) or (1.5) of this section, the governing board of a participating nonpublic school shall require an applicant or employee to submit to the governing board of the school a complete set of his or her fingerprints taken by a qualified law enforcement agency, an authorized employee, or any third party approved by the Colorado bureau of investigation. At the request of a nonpublic school, a law enforcement agency that has fingerprinting equipment that meets the federal bureau of investigation image quality standards shall take the fingerprints of an applicant or employee pursuant to this section if an approved third-party vendor is not operating within twenty miles of the nonpublic school within the law enforcement agency's jurisdiction. A school employee may use any fingerprinting equipment that meets the federal bureau of investigation image quality standards. If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the applicant's or employee's information for more than thirty days unless requested to do so by the applicant or employee. The governing board shall forward the set of fingerprints together with a check to cover the direct and indirect costs of conducting a fingerprint-based criminal history record check of the applicant or employee to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal Colorado Revised Statutes 2019 Page 20 of 1211 Uncertified Printout bureau of investigation. The department is the authorized agency to receive and disseminate information regarding the result of any national criminal history record check. Any such national check must be handled in accordance with Pub.L. 92-544, as amended. The department shall notify the governing board whether a fingerprint-based criminal history record check has identified any conviction, plea of nolo contendere, deferred sentence, or deferred prosecution described in subsection (1) of this section. (a.5) When the results of a fingerprint-based criminal history record check of an applicant or employee performed pursuant to this section reveal a record of arrest without a disposition, the governing board shall require that applicant or employee to submit to a namebased criminal history record check, as defined in section 22-2-119.3 (6)(d). (b) All costs arising from a fingerprint-based criminal history record check performed by the Colorado bureau of investigation and the federal bureau of investigation pursuant to the provisions of this section or a name-based criminal history record check performed pursuant to this section must be borne by the nonpublic school. Such costs may be passed on to the employee or the prospective employee. (c) (Deleted by amendment, L. 2006, p. 926, § 6, effective July 1, 2006.) (2) Any information received by the governing board of a nonpublic school pursuant to subsection (1) of this section shall be confidential information and not subject to the provisions of part 2 of article 72 of title 24, C.R.S. Any person who releases information obtained pursuant to the provisions of said subsection (1) or who makes an unauthorized request for information from the department shall be subject to the penalties set forth in section 24-72-206, C.R.S.; except that any person who releases information received from the department of education concerning information contained in the records and reports of child abuse or neglect maintained by the state department of human services shall be deemed to have violated section 19-1-307 (4), C.R.S. Source: L. 93: Entire section added, p. 611, § 2, effective April 30; (1)(b) amended, p. 634, § 3, effective July 1. L. 99: (1)(a) amended and (1.5) and (1.7) added, p. 1101, § 2, effective July 1. L. 2000: (1)(c) amended, p. 1848, § 38, effective August 2. L. 2002: (1.7) amended, p. 974, § 8, effective June 1. L. 2003: (2) amended, p. 1408, § 14, effective January 1, 2004. L. 2006: (1.7)(a) and (1.7)(c) amended, p. 926, § 6, effective July 1. L. 2017: (1.7)(a) amended, (SB 17-189), ch. 149, p. 501, § 8, effective August 9. L. 2019: (1.7)(a) amended, (HB 19-1186), ch. 94, p. 344, § 2, effective April 10; (1.7)(a.5) added and (1.7)(b) amended, (HB 19-1166), ch. 125, p. 545, § 21, effective April 18. Cross references: For the legislative declaration contained in the 2003 act amending subsection (2), see section 1 of chapter 196, Session Laws of Colorado 2003. For the legislative declaration in HB SB 19-1186, see section 1 of chapter 94, Session Laws of Colorado 2019. 22-1-122. Transportation token program - legislative declaration - eligibility - fund. (1) (a) It is the intent of the general assembly in enacting this section to improve opportunities for students to gain the knowledge and skills necessary for a successful experience in postsecondary education or as members of the work force. The general assembly finds that a student should not be compelled by the lack of transportation to remain in a school that is required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 Colorado Revised Statutes 2019 Page 21 of 1211 Uncertified Printout or 22-11-406, respectively, or is subject to restructuring pursuant to section 22-11-210. It is therefore in the best interests of the citizens of the state to make transportation tokens available to eligible students to enable them to attend a public school that is not required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, and that the school district has identified as an available choice. (b) It is further the intent of the general assembly that the department of education pursue all other sources of moneys for the transportation token program created in this section, including but not limited to federal grants. (2) As used in this section, unless the context otherwise requires: (a) "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S. (b) "Eligible student" means a student: (I) Who is enrolled in a public school in any of the first through eighth grades; (II) Who is eligible for free or reduced-cost lunch pursuant to the "Richard B. Russell National School Lunch Act", 42 U.S.C. sec. 1751 et seq.; (III) (A) Who is enrolled in a neighborhood school that is required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, or is subject to restructuring pursuant to section 22-11-210; or (B) Who has been in attendance elsewhere in the public school system or who is entering first grade and whose parent or legal guardian has been notified that the student has been assigned to a school that is required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, or is subject to restructuring pursuant to section 22-11-210; and (IV) Who, while enrolled in the neighborhood school that is required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, or is subject to restructuring pursuant to section 22-11-210, met the attendance policies of the school district of the neighborhood school, adopted pursuant to section 22-33-104 (4). (c) "Neighborhood school" means a public school to which the school district provides transportation for the student or which is located so close to the residence of the student that the school district does not provide transportation for the student. (c.5) "Pupil enrollment count day" has the same meaning as set forth in section 22-54103 (10.5). (d) "State board" means the state board of education created and existing pursuant to section 1 of article IX of the state constitution. (3) (a) There is hereby created in the department the transportation token program, referred to in this section as the "program", to assist a parent or legal guardian of an eligible student in transporting the student to a public school, other than a neighborhood public school, which other school is not required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, and which other school has been identified by the school district as an available choice. Pursuant to rules adopted by the state board, the parent or legal guardian of an eligible student may apply to the program to receive a transportation token for use in transporting the student to the nearest of said public schools that is not a neighborhood school. Colorado Revised Statutes 2019 Page 22 of 1211 Uncertified Printout (b) An eligible student shall continue receiving transportation tokens pursuant to this section so long as he or she continues to meet the requirements specified for an eligible student in paragraph (b) of subsection (2) of this section; except that, after the first year in which an eligible student receives transportation tokens, the requirement specified in subparagraph (III) of paragraph (b) of subsection (2) of this section shall no longer apply. An eligible student shall no longer receive transportation tokens pursuant to this section if he or she moves to another residence, the neighborhood school for which was required to implement a performance or improvement plan pursuant to section 22-11-403 or 22-11-404, respectively, during the school year preceding the year in which the student initially enrolls; except that the eligible student may receive transportation tokens in school years following initial enrollment in the new neighborhood school if he or she again meets the requirements specified for an eligible student in paragraph (b) of subsection (2) of this section. (4) The state board shall determine a monetary value for the transportation token issued at each public school that is required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, or is subject to restructuring pursuant to section 22-11-210. The monetary value may cover a portion of the transportation costs. The transportation token may take the form of, but is not limited to, subsidized tokens, passes, or fares for buses, taxis, or other forms of transportation approved by the state board. In determining the value of a transportation token, the state board shall take into account the various transportation options available to the eligible student and the distance to be traveled by the eligible student to attend a public school outside of the student's neighborhood. The transportation token used by an eligible student shall be redeemable by a transportation provider through the department. (5) The state board shall adopt rules governing the program, including but not limited to: (a) A procedure for parents and legal guardians of eligible students to apply to the department for transportation tokens; (b) A procedure to establish the value of the transportation tokens issued at each public school; and (c) A procedure for transportation providers to receive reimbursement for transportation tokens received in providing transportation to eligible students. (6) (a) The department shall ensure that for each eligible student the school district of the neighborhood school shall: (I) Timely notify the eligible student's parent or legal guardian of all options available pursuant to this section as soon as the neighborhood school is required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, or is subject to restructuring pursuant to section 22-11-210; and (II) Offer each eligible student's parent or legal guardian an opportunity to enroll the student in another public school within the district that is not required to implement a priority improvement or turnaround plan pursuant to section 22-11-405 or 22-11-406, respectively, and that the school district has identified as an available choice. (b) So long as an eligible student is enrolled before the pupil enrollment count day, the parent or legal guardian of an eligible student may choose to enroll the eligible student in and transport the eligible student to a public school in another school district that has available space. Such school district shall enroll the eligible student and include the eligible student in the district's pupil enrollment for purposes of the "Public School Finance Act of 1994". Colorado Revised Statutes 2019 Page 23 of 1211 Uncertified Printout (c) The public school in which an eligible student enrolls shall certify to the state board the attendance of the eligible student. (7) There is hereby created in the state treasury the transportation token fund, referred to in this subsection (7) as the "fund". The fund shall consist of all moneys appropriated to the fund by the general assembly and all other gifts, grants, donations, and other moneys obtained by the department to provide transportation assistance to parents and legal guardians of eligible students. Moneys in the fund shall be annually appropriated by the general assembly to the department to provide transportation assistance to parents and legal guardians of eligible students pursuant to this section. At the end of any fiscal year, all unexpended and unencumbered moneys in the fund shall remain in the fund and shall not be credited or transferred to the general fund. However, in accordance with section 24-36-114, C.R.S., any interest derived from the deposit and investment of moneys in the fund shall be credited to the general fund. Source: L. 2000: Entire section added, p. 357, § 9, effective April 10. L. 2001: (1)(a), (2)(b)(III), (2)(b)(IV), (3)(b), (4), and (6)(a)(I) amended, p. 1490, § 12, effective June 8. L. 2009: (1)(a), (2)(b)(III), (2)(b)(IV), (3), (4), and (6)(a) amended, (SB 09-163), ch. 293, p. 1526, § 6, effective May 21. L. 2012: (2)(c.5) added and (6)(b) amended, (HB 12-1090), ch. 44, p. 149, § 1, effective March 22. Cross references: For the "Public School Finance Act of 1994", see article 54 of this title. 22-1-123. Protection of student data - parental or legal guardian consent for surveys. (1) As used in this section, "education records" and "directory information" shall have the same meanings as those terms are defined in the federal "Family Educational Rights and Privacy Act of 1974", as amended, 20 U.S.C. sec. 1232g and "education records" shall include an individualized education program. (2) A school district shall comply with the provisions of 20 U.S.C. sec. 1232g (a) and 34 CFR 99 if a parent or legal guardian of a student either requests the education records of the student or requests an amendment or other change to the education records after reviewing them. (3) A school district shall not release the education records of a student to any person, agency, or organization without the prior written consent of the parent or legal guardian of the student except as otherwise permitted in 20 U.S.C. sec. 1232g (b). (4) A school district shall not release directory information to any person, agency, or organization without first complying with the provisions of 20 U.S.C. sec. 1232g (a)(5)(B) related to allowing a parent or legal guardian to prohibit such release without prior consent. (5) (a) A school district shall comply with 20 U.S.C. sec. 1232h. A school or school district employee who requires participation in a survey, assessment, analysis, or evaluation in a public school's curriculum or other official school activity shall obtain the written consent of a student's parent or legal guardian before giving the student any survey, assessment, analysis, or evaluation intended to reveal information, whether the information is personally identifiable or not, concerning the student or the student's parent's or legal guardian's: (I) Political affiliations; Colorado Revised Statutes 2019 Page 24 of 1211 Uncertified Printout (II) Mental and psychological conditions potentially embarrassing to the student or the student's family; (III) Sexual behavior and attitudes; (IV) Illegal, anti-social, self-incriminating, or demeaning behavior; (V) Critical appraisals of individuals with whom a student has close family relationships; (VI) Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and members of the clergy; (VII) Income, except as required by law; (VIII) Social security number; or (IX) Religious practices, affiliations, or beliefs. (b) The requirement of written consent pursuant to this subsection (5) applies throughout a public school's curriculum and other school activities; except that the requirement of written consent does not apply to a student's participation in an assessment administered pursuant to part 10 of article 7 of this title. In implementing this subsection (5), the school or school district and employees shall ensure that their first responsibility is to students and their parents and shall allow only minimal use of students' academic time by institutions, agencies, or organizations outside the school or school district to gather information from students. (c) Written consent pursuant to this subsection (5) is valid only if the school district has given a parent or legal guardian written notice of the survey, assessment, analysis, or evaluation, has made a copy of the document available for viewing at convenient locations and times, and has given the parent or legal guardian at least two weeks, after receipt of the written notice, to obtain written information concerning: (I) Records or information that may be examined and requested in the survey, analysis, or evaluation; (II) The means by which the records or information shall be examined reviewed, or disseminated; (III) The means by which the information is to be obtained; (IV) The purposes for which the records or information is needed; (V) The entities or persons, regardless of affiliation, who will have access to the information; and (VI) A method by which a parent or legal guardian of a student can grant or deny permission to access or examine the records or information. (d) Nothing in this subsection (5) shall be construed to prevent a public school employee from reporting known or suspected child abuse or neglect pursuant to section 19-3-304, C.R.S. (e) Nothing in this subsection (5) shall be construed to prevent a student who is working under the supervision of a journalism teacher or sponsor from preparing or participating in a survey, analysis, or evaluation without obtaining the written consent of such student's parent or legal guardian as long as such participation without parental consent is not otherwise prohibited by federal law. (f) Nothing in this subsection (5) shall be construed to limit the ability of a health professional who is acting as an agent of the school district from evaluating an individual child. (g) Nothing in this subsection (5) limits the ability of a school district to administer a suicide assessment or threat assessment. (6) If a school district sends a form to a parent or legal guardian requesting written consent for the school district to release personally identifiable information concerning that Colorado Revised Statutes 2019 Page 25 of 1211 Uncertified Printout parent's or legal guardian's child in education records other than directory information, such consent shall be valid under this section only if the form contains notice to the parent or legal guardian regarding: (a) The specific records to be released; (b) The specific reasons for such release; (c) The specific identity of any person, agency, or organization requesting such information and the intended uses of the information; (d) The method or manner by which the records will be released; and (e) The right to review or to receive a copy of the relevant records to be released. (7) (a) Consent for release of information pursuant to this section shall be valid only for the specific instance for which it was given. (b) A general consent for a student to participate in any course or part of a course, in a school activity, in any special education program, or in any other school program does not constitute written consent pursuant to this section. (c) Consent forms obtained pursuant to this section shall be retained by the school district. (8) Any right accorded to a parent or legal guardian pursuant to this section shall transfer to the relevant student when that student attains the age of eighteen years. (9) A school district shall, at the beginning of each academic year, provide to a parent or legal guardian of each student in the school district written notice of the rights contained in this section. (10) The provisions of this section shall apply to any public school in the state, regardless of whether the public school receives any federal funds. (11) The state board of education shall adopt such rules as may be necessary to implement this section. (12) If an individual licensed, certified, endorsed, or authorized by the state board is found by the state board to have knowingly and intentionally violated the provisions of this section, the department of education may suspend or revoke such individual's license, master certificate, endorsement, or authorization for a period not less than ninety days. (13) Nothing in this section shall be construed to prevent a school or a school district from releasing education records to the extent authorized by 20 U.S.C. sec. 1232g (b) and any other applicable federal law. Source: L. 2000: Entire section added, p. 1096, § 1, effective August 2. L. 2003: (1) amended, p. 1806, § 1, effective August 6. L. 2004: (12) amended, p. 1283, § 11, effective May 28. L. 2012: (5)(a), (5)(b), and (5)(c) amended and (5)(g) added, (SB 12-036), ch. 273, p. 1443, § 1, effective August 8. L. 2015: (5)(b) amended, (HB 15-1323), ch. 204, p. 719, § 18, effective May 20. 22-1-124. Sex offender information. At the beginning of each school year, each public school in the state shall provide to the parents of children attending the school a statement identifying where and the procedures by which members of the community may obtain the law enforcement agency information collected pursuant to section 16-22-110 (6), C.R.S., concerning registered sex offenders. In addition, a school may post the statement on a website. Colorado Revised Statutes 2019 Page 26 of 1211 Uncertified Printout Source: L. 2003: Entire section added, p. 632, § 1, effective March 18. 22-1-125. Automated external defibrillators in public schools. (Repealed) Source: L. 2005: Entire section added, p. 383, § 1, effective August 8. L. 2008: (5) amended, p. 804, § 5, effective May 14. L. 2009: (5) amended, (SB 09-010), ch. 52, p. 187, § 2, effective March 25. L. 2019: Entire section repealed, (HB 19-1183), ch. 251, p. 2431, § 3, effective August 2. 22-1-125.5. Requirement for certification of public school athletic coaches in cardiopulmonary resuscitation - use of automated external defibrillators - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Currently certified in CPR" means that the person has completed training in cardiopulmonary resuscitation from a nationally recognized evidence-based certification program within the preceding two years. (b) "Local education provider" means a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title, or a board of cooperative services created and operating pursuant to article 5 of this title that operates one or more public schools. (c) "State board of education" means the state board of education created and existing pursuant to section 1 of article IX of the state constitution. (2) No later than January 1, 2015, coaches of athletic programs employed by local education providers must be currently certified in CPR and must have received instruction in the effective use of an automated external defibrillator. The state board shall promulgate rules concerning the coaching staff positions that are included in this requirement. (3) Nothing in this section abrogates or limits: (a) The protections applicable to: (I) Any person or entity that renders emergency assistance through the use of an automated external defibrillator pursuant to section 13-21-108.1 and article 53 of title 25; or (II) Volunteers and board members pursuant to sections 13-21-115.7 and 13-21-116, C.R.S.; or (b) The limits or protections applicable to public entities and public employees pursuant to the "Colorado Governmental Immunity Act", article 10 of title 24, C.R.S. Source: L. 2014: Entire section added, (HB 14-1276), ch. 215, p. 807, § 3, effective August 6. L. 2019: (3)(a)(I) amended, (HB 19-1183), ch. 251, p. 2430, § 2, effective August 2. Cross references: For the legislative declaration in HB 14-1276, see section 1 of chapter 215, Session Laws of Colorado 2014. 22-1-126. Safe2tell program. As described in section 24-31-606, C.R.S., there is established the safe2tell program with the primary purpose of providing students and the community with the means to relay information anonymously concerning unsafe, potentially Colorado Revised Statutes 2019 Page 27 of 1211 Uncertified Printout harmful, dangerous, violent, or criminal activities, or the threat of these activities, to appropriate law enforcement and public safety agencies and school officials. Source: L. 2007: Entire section added, p. 685, § 2, effective May 3. L. 2012: Entire section amended, (SB 12-079), ch. 58, p. 213, § 5, effective March 24. L. 2014: Entire section amended, (SB 14-002), ch. 241, p. 892, § 3, effective August 6. 22-1-127. Incentives for school enrollment or attendance - prohibited - exceptions definitions. (1) As used in this section, unless the context otherwise requires: (a) "Item of value" means an item, cash, or an instrument or device that can be used to obtain cash, credit, property, services, or any other thing of value, which item, cash, or instrument or device exceeds twenty dollars in value. (b) "Local education provider" means: (I) A school district, other than a local college district, organized and existing pursuant to law; (II) A board of cooperative services created and operating pursuant to article 5 of this title that operates one or more public schools; (III) A public school of a school district, including but not limited to a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title; (IV) An institute charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title; and (V) The state charter school institute established in section 22-30.5-503. (c) "Parent" means the biological or adoptive mother or father or stepmother or stepfather of a child or any other person having legal or physical custody of a child. (2) A local education provider shall not offer or provide to a school-aged child or the child's parent an item of value prior to, upon, or after enrolling in or attending an educational program operated by the local education provider unless: (a) The local education provider makes the item of value available to the child continuously or at regular intervals throughout the school year and ceases providing the item of value if the child leaves the education program prior to the end of the school year; (b) The local education provider awards the item of value at the end of the school year or upon matriculation in recognition of student performance; or (c) The local education provider pays the item of value to the school-aged child or to his or her parent in exchange for services rendered by the child or by the child's parent at the request of the local education provider. For purposes of this paragraph (c), "services rendered" does not include school attendance or enrollment. Source: L. 2009: Entire section added, (HB 09-1125), ch. 113, p. 477, § 1, effective April 16. 22-1-128. Comprehensive human sexuality education - legislative declaration definitions - guidelines and content standards. (1) (a) The general assembly hereby finds and declares that: Colorado Revised Statutes 2019 Page 28 of 1211 Uncertified Printout (I) Colorado youth have a right to receive medically and scientifically accurate information to empower them to make informed decisions that promote their individual physical and mental health and well-being; (II) This right applies to all youth, regardless of geographic location, ethnic or racial background, family income, physical or intellectual ability, sexual orientation, or gender expression; (III) Parents, caregivers, community organizations, and other trusted adults serve as an essential part of the education process and may rely on health, education, and other professionals to provide evidence-based information that empowers youth to make decisions that are consistent with their own values and life goals; (IV) The information, education, and skills that Colorado youth receive during their formative years provide the foundation for responsible decision-making about personal behaviors and important life decisions throughout the rest of their lives; (V) It is important for youth to understand the consequences of the inconsistent or improper use of sexual abstinence, birth control, or condoms. All comprehensive human sexuality education must stress the importance of the correct and consistent use of sexual abstinence, birth control, and condoms to prevent pregnancy and sexually transmitted infections; (VI) The decisions an individual makes regarding his or her sexual and reproductive health impact the public health and welfare of the community in which the individual lives; (VII) When compared to the national average, Colorado has a lower rate of teen births and a lower rate of certain sexually transmitted infections, according to the centers for disease control and prevention and the Colorado department of public health and environment. In spite of this data, Colorado youth still face many barriers in obtaining the medically accurate information and resources they need to make informed and responsible decisions and lead healthy lives. (VIII) According to the centers for disease control and prevention, evidence-based, medically accurate, age-appropriate, culturally sensitive, and comprehensive sexuality education programs have been proven to help youth delay the onset of sexual activity, decrease the frequency of sexual activity, reduce the number of sexual partners, and increase condom and contraceptive use; (IX) Sexual violence and teen dating violence is a pervasive and serious public health issue, placing teen victims at increased risk for adolescent pregnancy, sexually transmitted infections, low academic performance, truancy, dropout, and other harmful behaviors; (X) According to the centers for disease control and prevention, these changes in behavior help prevent unintended pregnancy and the spread of sexually transmitted infections; (XI) The Colorado general assembly passed House Bill 07-1292, enacted in 2007, to establish content standards for the provision of human sexuality courses taught in public schools throughout the state; (XII) The Colorado general assembly passed the "Public Health Reauthorization Act", Senate Bill 08-194, enacted in 2008, to create a statewide public health improvement plan to eliminate geographic-based and other disparities in the accessibility and availability of services through the state's public health agencies; (XIII) The Colorado general assembly passed the "Preschool to Postsecondary Education Alignment Act", Senate Bill 08-212, enacted in 2008, which states that all school district Colorado Revised Statutes 2019 Page 29 of 1211 Uncertified Printout standards must meet or exceed established state standards, and that school districts must adopt curriculum and assessments that are consistent with these standards; and (XIV) In 2009, the Colorado state board of education adopted academic content standards for comprehensive health education that support youth in making informed and responsible decisions about their health and in having access to the tools they need to live healthy lives. (b) The general assembly further finds and declares that: (I) There is a need to continue and expand efforts to ensure that all young people in Colorado have access to evidence-based, medically accurate, culturally sensitive, and ageappropriate comprehensive sexuality education, information, and resources to guide them in making informed decisions about their health and relationships. Additionally, schools need to promote healthy relationships through age-appropriate, culturally sensitive, and comprehensive human sexuality education, including providing information and resources for early intervention and response strategies to teen dating violence. (II) The state of Colorado and eligible state agencies and other organizations must pursue funding and other federal support to implement comprehensive human sexuality education programs; (III) The provisions of sexual and reproductive health education that incorporate comprehensive, evidence-based, culturally sensitive, and age-appropriate standards can result in youth delaying sexual activity until they are ready, avoiding unwanted consequences of sexual behavior, learning medically accurate information about their health, and promoting positive youth-friendly messages concerning growth, development, body image, gender roles, and all aspects related to healthy, safe relationships and sexual behavior; and (IV) Broad-based community partnerships are essential when developing policies and implementing programs that affect the sexual and reproductive health of Colorado's youth. (2) As used in this section, unless the context otherwise requires: (a) "Age-appropriate" means topics, messages, and teaching methods suitable to a particular age or age group, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group. (b) "Comprehensive human sexuality education" means medically accurate information about all methods to prevent unintended pregnancy and sexually transmitted infections, including HIV, and the link between human papillomavirus and cancer, and other types of cancer involving the human reproductive systems, including prostate, testicular, ovarian, and uterine cancer. Methods must include information about the correct and consistent use of abstinence, contraception, condoms, other barrier methods, and other prevention measures. Additional contents of comprehensive human sexuality education must include: (I) Encouraging family communication about sexuality; (II) Focusing on the development of safe relationships, including the prevention of sexual violence in dating and teaching young people how to recognize and respond safely and effectively in situations where sexual or physical violence may be occurring or where there may be a risk for these behaviors to occur; and (III) Teaching young people how alcohol and drug use can affect responsible decisionmaking. Colorado Revised Statutes 2019 Page 30 of 1211 Uncertified Printout (b.5) "Consent" means the affirmative, unambiguous, voluntary, continuous, knowing agreement between all participants in each physical act within the course of a sexual encounter or interpersonal relationship. (c) "Culturally sensitive" means the integration of knowledge about individuals and groups of people into specific standards, requirements, policies, practices, and attitudes used to increase the quality of services. "Culturally sensitive" includes resources, references, and information that are meaningful to the experiences and needs of communities of color; immigrant communities; lesbian, gay, bisexual, and transgender communities; people who are intersex; people with physical or intellectual disabilities; people who have experienced sexual victimization; and others whose experiences have traditionally been left out of sexual health education, programs, and policies. (d) "Evidence-based program" means a program that: (I) Was evaluated using a rigorous research design, including: (A) Measuring knowledge, attitude, and behavior; (B) Having an adequate sample size; (C) Using sound research methods and processes; (D) Replicating in different locations and finding similar evaluation results; and (E) Publishing results in a peer-reviewed journal; (II) Research has shown to be effective in changing at least one of the following behaviors that contribute to early pregnancy and sexually transmitted infections, including HIV: (A) Delaying sexual initiation; (B) Reducing the frequency of sexual intercourse; (C) Reducing the number of sexual partners; or (D) Increasing the use of condoms and other contraceptives. (d.3) "Gender stereotype" means a generalized view or preconception about what attributes, characteristics, or roles are, or ought to be, taught, possessed by, or performed by women and men. (d.5) "Healthy relationship" means an interpersonal relationship that is free of physical, sexual, and emotional abuse, coercion, and violence. (d.7) "Human sexuality instruction" or "instruction" means an oral, written, or digital lesson, lecture, or presentation given by school staff or nonschool staff that teaches about abstinence or sexual activity in the context of student health or healthy relationships. Instruction does not include student speech. (d.9) "Medically accurate" means verified or supported by research conducted in compliance with scientific methods and published in peer-reviewed journals, where appropriate, and recognized as accurate, objective, and unbiased by the American Public Health Association, the American Academy of Pediatrics, or the American College of Obstetricians and Gynecologists. (e) "Positive youth development" means an approach that emphasizes the many positive attributes of young people and focuses on developing inherent strengths and assets to promote health. Positive youth development is culturally sensitive, inclusive of all youth, collaborative, and strength-based. (f) "Sexual abstinence" means not engaging in oral, vaginal, or anal intercourse or genital skin-to-skin contact. Colorado Revised Statutes 2019 Page 31 of 1211 Uncertified Printout (3) Except as otherwise provided in subsection (6) of this section, a school district, board of cooperative services, charter school, or institute charter school that offers a planned curriculum that includes comprehensive human sexuality education shall provide to the parent or guardian of each student, prior to commencing the planned curriculum: (a) Written notification of the ability to excuse a student, without penalty or additional assignment, from that portion of the planned curriculum that includes comprehensive human sexuality education, upon the written request of the student's parent or guardian; and (b) A detailed, substantive outline of the topics and materials to be presented in that portion of the planned curriculum related to comprehensive human sexuality education. (4) Nothing in this section shall be construed to require an act or procedure in addition to the signature of the parent or guardian to excuse a student from a planned curriculum related to comprehensive human sexuality education. (5) Each school district board of education, board of cooperative services, charter school, or institute charter school is encouraged to disseminate policies or instructions to the public schools of the school district, or board of cooperative services, or appropriate staff of the charter school or institute charter school to ensure the implementation of the provisions of this section in a manner that will not draw undue attention to, nor cause undue embarrassment for, students excused from a planned curriculum related to comprehensive human sexuality education. (6) Human sexuality instruction is not required. However, if a school district, board of cooperative services, charter school, or institute charter school offers human sexuality instruction, the instruction must be comprehensive and meet the comprehensive human sexuality education content requirements. These requirements must: (a) Encourage parental involvement and family communication; (b) Include medically accurate information about methods to prevent unintended pregnancy and sexually transmitted infections, including HIV/AIDS, and the link between human papillomavirus and cancer. Methods taught shall include information about the correct and consistent use of abstinence, contraception, including all FDA approved forms of contraception, condoms, and other barrier methods and must be taught in a cohesive, integrated, objective manner so that youth learn the full scope of preventive methods available to them and are empowered to decide for themselves which preventive methods are best suited for their individual needs, beliefs, and values. (c) Promote the development of healthy relationships by providing human sexuality instruction on: (I) How to communicate consent, recognize communication of consent, recognize withdrawal of consent, and understand age of consent as it relates to section 18-3-402; (II) How to avoid making unwanted verbal, physical, and sexual advances; (III) How to avoid making assumptions about a person's supposed sexual intentions based on that person's appearance or sexual history; and (IV) How to avoid pursuing a sexual encounter with a person or persuading a person to participate in a sexual encounter when that person has not provided consent or has withdrawn consent; (d) Include discussions and information on how to recognize and respond safely and effectively in situations where sexual or physical violence may be occurring or where there may be a risk for these behaviors to occur; Colorado Revised Statutes 2019 Page 32 of 1211 Uncertified Printout (e) Include discussion of how alcohol and drug use impairs responsible and healthy decision-making; (f) Be comprehensive, age-appropriate, culturally sensitive, inclusive of a positive youth development framework, and medically accurate; (g) Provide instruction about the health benefits and potential side effects of using contraceptives and barrier methods to prevent pregnancy, including instruction regarding emergency contraception and the availability of contraceptive methods; (h) For school districts that have established a character education program pursuant to section 22-29-103, promote the guidelines of behavior established in the character education program; (i) Not emphasize sexual abstinence as the primary or sole acceptable preventive method available to students. A school district, board of cooperative services, charter school, or institute charter school shall not engage the instructional services of an organization or individual that is a direct or indirect recipient of money from the federal government pursuant to 42 U.S.C. sec. 710, as amended, because the guidelines of 42 U.S.C. sec. 710 are inconsistent with the provisions of this section. (j) Provide age-appropriate information concerning sections 18-6-401 (9) and 19-3304.5, or any successor laws, referred to generally as "safe haven laws", relating to the safe abandonment of a child to a firefighter at a fire station or to a staff member at a hospital or a community clinic emergency center within the first seventy-two hours of the child's life. (6.5) Comprehensive human sexuality education does not require instruction on pregnancy outcome options. However, if a school district, board of cooperative services, charter school, or institute charter school opts to provide instruction on pregnancy outcome options, the instruction must cover all pregnancy outcome options, including but not limited to adoption, abortion, parenting, and information concerning sections 18-6-401 (9) and 19-3-304.5, or any successor laws, referred to generally as "safe haven laws". Instruction on pregnancy outcome options must be provided in an objective, unbiased manner and must not endorse or favor one or more pregnancy outcome options. (7) (a) Nothing in subsection (6) or (6.5) of this section shall be interpreted to prohibit discussion of health, moral, ethical, or religious values as they pertain to comprehensive human sexuality, healthy relationships, or family formation. Such discussion is encouraged. (b) However, human sexuality instruction must not explicitly or implicitly: (I) Use shame-based or stigmatizing language or instructional tools; (II) Employ gender stereotypes; or (III) Exclude the health needs of intersex individuals or lesbian, gay, bisexual, or transgender individuals. (8) Public schools, school districts, boards of cooperative services, charter schools, and institute charter schools are encouraged to involve teachers, school nurses, parents, and community members in the development of the requirements for comprehensive human sexuality curriculum required by subsection (6) of this section and to integrate available community resources into programs related to comprehensive human sexuality education. (9) A school district, board of cooperative services, charter school, or institute charter school that has received, prior to July 1, 2013, direct or indirect funding from the federal government for the provision of an abstinence education program pursuant to 42 U.S.C. sec. 710 is not required to adopt requirements for comprehensive human sexuality curriculum for the Colorado Revised Statutes 2019 Page 33 of 1211 Uncertified Printout provision of such instruction as described in this section for the year or years for which the school district, board of cooperative services, charter school, or institute charter school received such funding. On July 1, 2013, or thereafter, a school district, board of cooperative services, charter school, or institute charter school shall not use any direct or indirect funding from the federal government for the provision of an abstinence education program pursuant to 42 U.S.C. sec. 710. A school district, board of cooperative services, charter school, or institute charter school may use federal moneys for human sexuality education, as long as the human sexuality program of the school district board of cooperative services, charter school, or institute charter school meets the comprehensive human sexuality education model set forth in this section. (10) Nothing in this section shall require amending any content standards related to comprehensive human sexuality education developed by the department and adopted by the state board prior to July 1, 2013. (11) The provisions of this section shall not apply to students in kindergarten through third grade. (12) A school district, board of cooperative services, charter school, or institute charter school may seek grant money pursuant to article 44 of title 25 to implement the comprehensive human sexuality education content requirements set forth in this section. However, compliance with this section is not contingent upon receipt of grant money pursuant to article 44 of title 25, nor is it contingent on receipt of any other state or federal funds, or public or private gifts, grants, or donations. Source: L. 2013: Entire section added, (HB 13-1081), ch. 303, p. 1600, § 2, effective May 28. L. 2016: (1)(a)(IX) and IP(2)(b) amended, (SB 16-146), ch. 230, p. 919, § 15, effective July 1. L. 2019: (2)(b.5), (2)(d.3), (2)(d.5), (2)(d.7), (2)(d.9), (6)(i), (6)(j), (6.5), and (12) added and (2)(c), IP(6), (6)(b), (6)(c), (6)(f), (7), and (11) amended, (HB 19-1032), ch. 408, p. 3596, § 2, effective May 31. Cross references: For the legislative declaration in HB 19-1032, see section 1 of chapter 408, Session Laws of Colorado 2019. 22-1-129. Instruction in cardiopulmonary resuscitation and the use of automated external defibrillators - grants - fund created - definitions - rules. (1) As used in this section, unless the context otherwise requires: (a) "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S. (b) "Fund" means the school cardiopulmonary resuscitation and automated external defibrillator training fund created in subsection (5) of this section. (c) "Local education provider" means a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title, or a board of cooperative services created and operating pursuant to article 5 of this title that operates one or more public schools. (d) "Psychomotor skills development" means the use of hands-on practice that supports cognitive learning. Colorado Revised Statutes 2019 Page 34 of 1211 Uncertified Printout (e) "State board" means the state board of education created and existing pursuant to section 1 of article IX of the state constitution. (2) On and after September 1, 2014, each local education provider may apply for a grant or grants to provide instruction to students in any of grades nine through twelve and school staff in any of grades nine through twelve in cardiopulmonary resuscitation and the use of an automated external defibrillator. The instruction funded pursuant to this section must include a nationally recognized, psychomotor-skills-based instructional program that reflects current, national, evidence-based, emergency cardiovascular care guidelines for cardiopulmonary resuscitation and the use of an automated external defibrillator. The department shall administer the grant program pursuant to state board rules adopted pursuant to subsection (3) of this section. (3) The state board shall promulgate rules concerning the grants awarded pursuant to this section, which rules must include, at a minimum: (a) The process by which a local education provider may apply for and receive grant moneys pursuant to this section, including application requirements and deadlines; (b) The number and amount of each grant and whether grants moneys will be awarded in the order applications are received or through some other method; (c) The process for achieving a balanced distribution of grant moneys to applicants including rural, urban, and suburban local education providers; and (d) Procedures for monitoring a local education provider's compliance with the provisions of this section and specifically that moneys awarded pursuant to this section are used for reasonable costs associated with psychomotor-skills-based cardiopulmonary resuscitation training and training on the use of automated external defibrillators, including but not limited to training materials and the temporary employment of cardiopulmonary resuscitation instructors or other trainers qualified to teach skills-based cardiopulmonary resuscitation training. (4) Notwithstanding any other provision of this section to the contrary, the department shall not award any grants pursuant to this section unless the department determines that there are sufficient moneys in the fund to implement the program. (5) (a) There is created in the state treasury the school cardiopulmonary resuscitation and automated external defibrillator training fund. The fund consists of: (I) Two hundred fifty thousand dollars, which the state treasurer shall transfer from the general fund to the fund on August 6, 2014; (II) Any other moneys that the general assembly appropriates to it; and (III) Any gifts, grants, or donations credited to the fund pursuant to paragraph (b) of this subsection (5). (b) The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section; except that the department may not accept a gift, grant, or donation that is subject to conditions that are inconsistent with this section or any other law of the state. The department shall transmit all private and public moneys received through gifts, grants, or donations to the state treasurer, who shall credit the same to the fund. Nothing in this section requires the department to solicit moneys for purposes of implementing this section. (c) The moneys in the fund are subject to annual appropriation by the general assembly to the department for the purpose of awarding grants allowed by this section and for the department's reasonable and necessary administrative expenses associated with implementation Colorado Revised Statutes 2019 Page 35 of 1211 Uncertified Printout of this section. The department's administrative expenses for a fiscal year shall not exceed two percent of the money transferred or appropriated to the fund in the fiscal year. (d) The state treasurer may invest any moneys in the fund not expended for the purpose of this section as provided by law. The state treasurer shall credit all interest and income derived from the investment and deposit of moneys in the fund to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall not be credited or transferred to the general fund or another fund. Source: L. 2014: Entire section added, (HB 14-1276), ch. 215, p. 805, § 2, effective August 6. Cross references: For the legislative declaration in HB 14-1276, see section 1 of chapter 215, Session Laws of Colorado 2014. 22-1-130. Notice to parents of alleged criminal conduct by school employees legislative declaration - definitions. (1) (a) The general assembly finds that: (I) It is the right and responsibility of parents to guide the education and upbringing of their children; (II) An essential role of parents in ensuring the safety and quality of their children's education is to remain active, engaged, and fully informed about what is occurring in their children's classrooms and within the school environment; (III) Ensuring the safety of school children is one of the primary responsibilities of state and local government, law enforcement, and school communities; (IV) In order to ensure a safe school environment that is conducive to learning, students and parents must be assured that criminal behavior that is harmful to children is reported and dealt with appropriately and in a manner that is transparent to parents and the school community; and (V) Parents are understandably concerned when law enforcement agencies make accusations about school employees at their children's schools. (b) Therefore, the general assembly declares that it is appropriate to require a public school to notify parents of school children when a school employee is charged with certain crimes that may put children at risk. (2) As used in this section, unless the context otherwise requires: (a) "Employee" means an employee of a local education provider whose employment requires or required the employee to be in contact with students or whose work area gives or gave the employee access to students. "Employee" includes a former employee if the employee was employed by the local education provider at any time within twelve months before an offense is charged. If a school district, district charter school, or institute charter school has contracted with a private entity to operate an online school, the employee of the private entity is deemed to be an employee of the school district, district charter school, or institute charter school for purposes of this section. (b) "Local education provider" means a school district, a board of cooperative services, a charter school collaborative, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22, and a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22. Colorado Revised Statutes 2019 Page 36 of 1211 Uncertified Printout (c) "Parent" means the biological or adoptive parent or the legal guardian or legal custodian of a student enrolled in a local education provider at the time notification is made pursuant to this section. (3) (a) Pursuant to section 22-2-119 (4)(b), local education providers routinely receive reports from the Colorado bureau of investigation relating to employees who have previously been subject to a background check. If a local education provider receives a report from the Colorado bureau of investigation that includes information that an employee has been arrested for an offense described in subsection (3)(b) of this section, the local education provider shall monitor the criminal proceedings to determine whether the employee is charged with an offense described in subsection (3)(b) of this section and whether a preliminary hearing has been held if the charge is eligible for a preliminary hearing. (b) The local education provider shall notify parents, as provided in subsection (4) of this section, if an employee is charged, as that term is defined in section 16-1-104 (6), with: (I) Felony child abuse, as specified in section 18-6-401; (II) A crime of violence, as defined in section 18-1.3-406, not including assault in the second degree unless the victim is a child; (III) A felony offense involving unlawful sexual behavior, as defined in section 16-22102 (9); (IV) A felony, where it is alleged that the underlying factual basis of which includes an act of domestic violence, as defined in section 18-6-800.3; (V) Felony indecent exposure, as described in section 18-7-302; or (VI) A felony drug offense described in part 4 of article 18 of title 18 that is a level 1 or level 2 drug felony. (4) (a) Within two school days after the preliminary hearing is held or is waived or deemed waived by the employee, or within two school days after the date on which the employee is charged, if the charged offense is not eligible for a preliminary hearing, the local education provider shall provide notice to parents pursuant to subsection (5) of this section. (b) If the local education provider has already provided notice to parents that substantially conforms with the notice requirements set forth in subsection (5) of this section, the local education provider need not provide additional notice pursuant to the provisions of this section. (c) The local education provider must provide notice to the parents of a student: (I) Enrolled in the public school in which the employee is employed or was employed at the time of the alleged offense; or (II) With whom the local education provider has reason to believe the employee may have had contact as part of his or her employment with the local education provider. (d) The local education provider shall provide the required notice to parents in the same manner by which the local education provider notifies parents of important school business, which may include e-mail notification or other electronic communication sent directly to parents or by first-class mail. Within two school days after the local education provider confirms the disposition of the charge, the local education provider shall provide notice to parents of the disposition of the charge using the same notification method used in the original notice to parents. Colorado Revised Statutes 2019 Page 37 of 1211 Uncertified Printout (e) Notwithstanding the provisions of subsection (4)(a) of this section to the contrary, if a delay in parent notification is requested by the appropriate law enforcement agency, the local education provider shall delay notification to parents until the request is withdrawn. (f) A local education provider shall notify parents pursuant to this section regardless of whether the actions giving rise to the charge occurred while the employee was on duty. (g) The board or governing body of the local education provider shall establish policies to comply with the provisions of this section when school is not in session. (5) (a) The local education provider's notification to parents of a charge brought against an employee must include the following: (I) The name of the employee; (II) The employee's position; (III) Whether the employee continues to be employed by the local education provider; (IV) The length of employment with the local education provider; (V) The alleged offense as set forth in the charging document, including the violation of statute or code; and (VI) A statement that, under state and federal law, a person is presumed innocent until proven guilty. (b) A local education provider may provide additional information to parents regarding the underlying facts or circumstances relating to the charge but shall not disclose the identity of the alleged victim. (6) Each local education provider shall incorporate the notification requirements set forth in this section as part of a safe school plan required pursuant to section 22-32-109.1, as applicable. Source: L. 2018: Entire section added, (HB 18-1269), ch. 268, p. 1650, § 1, effective August 15. ARTICLE 2 Department - Commissioner PART 1 DEPARTMENT OF EDUCATION - COMMISSIONER Editor's note: This part 1 was numbered as article 1 of chapter 123, C.R.S. 1963. The substantive provisions of this part 1 were repealed and reenacted in 1964, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this part 1 prior to 1964, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume. 22-2-101. Short title. This part 1 shall be known and may be cited as the "State Department of Education Act of 1964". Source: L. 64: R&RE, p. 528, § 1. C.R.S. 1963: § 123-1-1. Colorado Revised Statutes 2019 Page 38 of 1211 Uncertified Printout 22-2-102. Definitions. As used in this part 1, unless the context otherwise requires: (1) "Commissioner of education" or "commissioner" means the office of the commissioner of education created and existing pursuant to section 1 of article IX of the state constitution. (2) "Department of education" or "department" means the department of education created and existing pursuant to section 24-1-115, C.R.S. (3) "Nonpublic school" means a school organized and maintained by a recognized religious or independent association performing an academic function. (4) "Public school" means a school maintained and operated by a school district. (4.5) "Pupil enrollment count day" has the same meaning as set forth in section 22-54103 (10.5). (5) "State board of education" or "state board" means the state board of education created and existing pursuant to section 1 of article IX of the state constitution. Source: L. 64: R&RE, p. 528, § 1. C.R.S. 1963: § 123-1-2. L. 75: (4) amended, p. 786, § 3, effective July 1. L. 2012: (4.5) added, (HB 12-1090), ch. 44, p. 149, § 2, effective March 22. 22-2-103. Department of education. (1) The department of education shall include the following: (a) The state board of education; (b) The commissioner of education, assistant commissioners of education, and other officers and employees of the department; (c) The state library, created in section 24-90-104, C.R.S.; (d) The Colorado school for the deaf and the blind, as provided for in article 80 of this title; (e) The state charter school institute established in section 22-30.5-503; (f) The division of online learning established in section 22-30.7-103; (g) The facility schools unit created in section 22-2-403; (h) The facility schools board created in section 22-2-404; (i) The Colorado state advisory council for parent involvement in education created in section 22-7-303; (j) The office of dropout prevention and student re-engagement created in section 22-14103; and (k) The concurrent enrollment advisory board created in section 22-35-107. Source: L. 64: R&RE, pp. 109, 529, §§ 3, 1. C.R.S. 1963: § 123-1-3. L. 68: p. 94, § 41. L. 2008: (1)(g) and (1)(h) added, p. 1382, § 3, effective May 27; entire section amended, p. 1894, § 68, effective August 5. L. 2009: (1)(g) and (1)(h) amended and (1)(j) added, (HB 091243), ch. 290, p. 1424, § 6, effective May 21; (1)(g) and (1)(h) amended and (1)(k) added, (HB 09-1319), ch. 286, p. 1317, § 3, effective May 21; (1)(g) and (1)(h) amended and (1)(i) added, (SB 09-090), ch. 291, p. 1444, § 19, effective August 5. Editor's note: (1) Amendments to this section by House Bill 08-1204 and House Bill 08-1412 were harmonized. Colorado Revised Statutes 2019 Page 39 of 1211 Uncertified Printout (2) Amendments to subsections (1)(g) and (1)(h) by House Bill 09-1243, House Bill 091319, and Senate Bill 09-090 were harmonized. 22-2-104. Offices and positions - nature. (1) As a matter of legislative determination, the offices of commissioner of education, assistant commissioners of education, and all positions of employment classified by the board as director, consultant, supervisor, or instructor are declared to be educational in nature and administrators of the department and not under the state personnel system in accordance with section 13 (2)(a)(VII) of article XII of the state constitution. The board may authorize the commissioner, as its designee, to classify positions of employment pursuant to this section. (2) Any employee holding a position that was exempt from the state personnel system prior to January 1, 2017, may remain exempt from the state personnel system so long as the employee continues to hold that position. (3) The board or the commissioner, as the designee of the board, shall determine which positions in the department meet the criteria set forth in subsection (1) of this section; except that a position shall not be determined to be exempt while it is held by an employee in the state personnel system. (4) No later than December 31, 2017, and no later than December 31 of each year thereafter, the commissioner shall submit a report to the state personnel director, in the form prescribed by the director, listing all positions in the department that are exempt from the state personnel system in accordance with this section. Source: L. 64: R&RE, p. 529, § 1. C.R.S. 1963: § 123-1-4. L. 2017: Entire section amended, (HB 17-1359), ch. 295, p. 1625, § 1, effective June 2. Cross references: For exemption of the commissioner from state personnel system, see § 1 of article IX of the state constitution; for exemption of faculty and administrators in educational institutions and departments not reformatory or charitable in character, see § 13 (2) of article XII of the state constitution. 22-2-105. State board of education - composition. (1) The state board of education shall consist of one member elected from each congressional district in the state and, if the total number of congressional districts of the state is an even number, one member elected from the state at large. The members of the state board of education serving on April 30, 1982, shall continue to serve the terms for which they were elected. At the general election held in 1982, one member shall be elected from the second congressional district for a six-year term, one member shall be elected from the fourth congressional district for a six-year term, one member shall be elected from the fifth congressional district for a four-year term, and one member shall be elected from the state at large for a six-year term, all such terms commencing on the second Tuesday in January 1983. At the general election held in 1984, one member shall be elected from the first congressional district for a six-year term, and one member shall be elected from the third congressional district for a six-year term, all such terms commencing on the second Tuesday in January 1985. At the general election held in 1986, one member shall be elected from the fifth congressional district for a six-year term, and one member shall be elected from the sixth congressional district for a six-year term, all such terms commencing on the second Colorado Revised Statutes 2019 Page 40 of 1211 Uncertified Printout Tuesday in January 1987. At the general election held in 2002, one member shall be elected from the seventh congressional district for a six-year term commencing on the second Tuesday in January 2003. (2) The member of the state board from each congressional district of the state shall be nominated and elected by the registered electors of such district in the same manner as members of the house of representatives of the congress of the United States are nominated and elected. Each member from a congressional district shall be a registered elector of such district. If the total number of congressional districts of the state is an even number, the additional member of the board shall be nominated and elected at large in the same manner as state officers are nominated and elected. If the total number of congressional districts changes to an odd number during the term of the member elected at large, such member shall be permitted to continue serving on the state board until the expiration of his or her term. (3) Except as provided in subsection (1) of this section, members shall be elected for terms of six years. They shall serve without compensation but shall be reimbursed for any necessary expenses incurred by them in the performance of their duties as members. (3.5) Any member of the state board who was elected to office as a resident of a designated congressional district, and who no longer resides in such congressional district solely because of a change made to the boundaries of such district subsequent to the 2000 federal decennial census, is eligible to hold office for the remainder of the term for which the member was elected, notwithstanding such nonresidency. (4) The state board shall elect from its own membership a chairman and a vice-chairman who shall hold office for terms of two years. The commissioner shall act as secretary to the state board. The state board shall meet at least quarterly and at such other times as may be necessary, upon call of the chairman or the commissioner or by a majority of its members. (5) If the total number of congressional districts changes to an odd number during the term of the member elected at large, a vacancy of such member's seat shall not be filled by the state board. (6) For any board member elected on or after May 22, 2008, during his or her term of office, a member of the state board shall not be a member of the general assembly; an officer, employee, or board member of a school district or charter school in the state; an officer, employee, or board member of the state charter school institute or the institute board; or an employee of the state board or the department of education. Source: L. 64: R&RE, p. 529, § 1. C.R.S. 1963: § 123-1-5. L. 72: p. 552, § 18. L. 81: (1) amended, p. 295, § 17, effective June 19. L. 82: (1) R&RE and (3) amended, pp. 352, 353, §§ 8, 9, effective April 30. L. 87: (2) amended, p. 305, § 21, effective July 1. L. 99: (5) amended, p. 142, § 1, effective August 4. L. 2002: (5) repealed, p. 536, § 1, effective July 1; (1), (2), and (5) amended and (3.5) added, p. 944, § 5, effective August 7. L. 2007: (6) added, p. 737, § 8, effective May 9. L. 2008: (6) amended, p. 1206, § 13, effective May 22. Editor's note: Amendments to subsection (5) by House Bill 02-1403 and House Bill 021245 were harmonized. Cross references: For the legislative declaration contained in the 2008 act amending subsection (6), see section 1 of chapter 286, Session Laws of Colorado 2008. Colorado Revised Statutes 2019 Page 41 of 1211 Uncertified Printout 22-2-105.5. State board of education - definitions - vacancies - procedure for filling. (1) As used in this section: (a) "Party congressional central committee" means the committee established pursuant to section 1-3-103 (3), C.R.S. (b) "State central committee" means the committee established pursuant to section 1-3103 (2), C.R.S. (2) Any vacancy occurring on the state board that may occur by reason of death, removal, or resignation from office, or removal from the district from which elected, or when a board member is elected, qualified, and takes office for another state office, shall be filled as provided in this section. Any member selected to fill a vacancy pursuant to this section shall serve until the next regular election providing such appointee is subject to the qualifications set forth by law. (3) (a) Any vacancy occurring on the state board, other than a vacancy in a seat filled by a member elected from the state at large, shall be filled by the vacancy committee of the party congressional central committee of the same political party as the vacating board member for the congressional district represented by the vacating board member. If no vacancy committee of the party congressional central committee exists, the party congressional central committee shall perform the functions of the vacancy committee. (b) If the vacating board member was affiliated with a minor political party, then the vacancy shall be filled by the vacancy committee designated in the constitution or bylaws of the minor political party. (c) If the vacating member was unaffiliated with a political party, then the vacancy shall be filled by the vacancy committee designated on the vacating board member's petition for nomination pursuant to section 1-4-802 (1)(e), C.R.S. (4) (a) The vacancy committee identified in subsection (3) of this section, by a majority vote of its members present and voting at a meeting called for that purpose, shall select a person who possesses the qualifications for a member of the state board and who is affiliated with the same political party or minor political party, if any, of the vacating board member, as shown on the registration books of the county clerk and recorder. (b) At least six days prior to the meeting at which the vacancy committee selects a person to fill the vacancy, the chairperson of the party congressional central committee that selected the members of the vacancy committee shall mail to each member of the vacancy committee a written notice announcing the time and location of the vacancy committee meeting. Mailing of the notice is effective when the notice is properly addressed and deposited in the United States mail, with first-class postage prepaid. The vacancy committee may not select a person to fill the vacancy at any meeting for which notice is not provided pursuant to this paragraph (b). (c) No meeting shall be held until a quorum is present consisting of not less than onehalf of the voting membership of the vacancy committee. No member of the vacancy committee may vote by proxy. (d) The vacancy committee shall certify the selection to the secretary of state within thirty days after the date the vacancy occurs. If the vacancy committee fails to certify a selection within thirty days in accordance with the provisions of this paragraph (d), the governor, within thirty-five days after the vacancy occurs, shall fill the vacancy by appointing a person having the qualifications set forth in paragraph (a) of this subsection (4). The name of the person appointed Colorado Revised Statutes 2019 Page 42 of 1211 Uncertified Printout by the governor shall be certified to the secretary of state. The person selected or appointed pursuant to this subsection (4), after having qualified and taken the oath of office, shall immediately assume the duties of office. (5) (a) In the event of a vacancy in the seat held by the state board member elected from the state at large, within five days after the state board receives notice of the vacancy, or within five days after the effective date of the resignation, whichever is later, the secretary of the state board shall refer the vacancy to the state central committee of the same political party as the vacating state board member. The state central committee shall refer the matter to the state central committee executive committee selected pursuant to section 1-3-105 (2), C.R.S. (b) If the vacating board member was affiliated with a minor political party, then the vacancy shall be filled by the vacancy committee designated in the constitution or bylaws of the minor political party. (c) If the vacating member was unaffiliated with a political party, then the vacancy shall be filled by the vacancy committee designated on the vacating board member's petition for nomination pursuant to section 1-4-802 (1)(e), C.R.S. (6) (a) A vacancy occurring in the seat held by the state board member elected from the state at large shall be filled in accordance with the procedures established in this subsection (6). (b) Within thirty days after being notified by the secretary of the state board of the occurrence of a vacancy, the vacancy or executive committee identified in subsection (5) of this section shall meet and, by a majority vote of its members present and voting at a meeting called for that purpose, shall nominate no fewer than three and no more than five candidates who possess the qualifications for a member of the state board and who are affiliated with the same political party or minor political party, if any, as the vacating board member, as shown on the registration books of the county clerk and recorder. The names of the candidates nominated shall be forwarded to the secretary of the state board. (c) The state board shall, within twenty calendar days after receiving the names from the vacancy or executive committee identified in subsection (5) of this section interview all of the nominated candidates; except that the vacating board member shall not participate in the interview process. (d) After completion of the interviews, and at a date and time established by the state board, the state board shall hold an open meeting to vote on the selection of a nominee to fill the vacancy. The vacating board member shall not participate in the open meeting to vote on the selection of a nominee to fill the vacancy. Nominees for selection shall be limited to the nominees referred to the state board by the vacancy or executive committee identified in subsection (5) of this section. Selection of a nominee shall occur by a majority vote of the state board members present and voting at the meeting called for such purpose. No meeting shall be held until a quorum is present consisting of not less than one-half of the voting membership of the state board. No member of the state board may vote by proxy. The state board shall certify the selection to the secretary of state within ten days after the meeting called to make the selection. The person, after having qualified and taken the oath of office, shall immediately assume the duties of office. (e) In the event that the state board, after reasonable efforts to elect by a majority vote a nominee to fill the vacancy, is unable to elect a nominee by a majority vote, the selection of one of the persons nominated pursuant to paragraph (b) of this subsection (6) shall be made by the highest elected state official of the same political party as the vacating board member, in the Colorado Revised Statutes 2019 Page 43 of 1211 Uncertified Printout following order: Governor; president of the senate; speaker of the house of representatives; minority leader of the senate; minority leader of the house of representatives. The name of the nominee selected by the highest elected state official shall be certified to the secretary of state. The person, after having qualified and taken the oath of office, shall immediately assume the duties of office. (7) If a vacancy on the state board is caused by the resignation of a member of the state board and the letter of resignation gives an effective date of resignation that is later than the date the letter of resignation is submitted, the vacancy committee identified in subsection (3) of this section or the vacancy or executive committee identified in subsection (5) of this section, whichever is applicable, may meet no more than twenty days prior to the effective date of the resignation for the purpose of nominating a person to fill the vacancy. The certification of the nominee of the vacancy or executive committee, whichever is applicable, to the secretary of state may not be made prior to the effective date of the resignation and, if the member of the state board withdraws the letter of resignation prior to the effective date of the resignation, the person nominated by the vacancy or executive committee, whichever is applicable, may not be certified to the secretary of state. (8) If the vacancy is caused by the death of a member-elect of the state board who has been elected to office but who has not yet been sworn in, the vacancy committee identified in subsection (3) of this section or the vacancy or executive committee identified in subsection (5) of this section, whichever is applicable, shall meet within thirty days after the death of the state board member-elect to fill the vacancy. The certification of the nomination of the vacancy or executive committee, whichever is applicable, to the secretary of state may be made prior to the convening of the state board but shall not take effect until the effective date of the vacancy, which is the first day the state board convenes. Source: L. 2002: Entire section added, p. 536, § 2, effective July 1. L. 2008: (4)(d), (6)(b), and (8) amended, p. 1747, § 3, effective August 5. 22-2-106. State board - duties - rules. (1) It is the duty of the state board: (a) To exercise general supervision over the public schools of the state and the educational programs maintained and operated by all state governmental agencies for persons who have not completed the twelfth-grade level of instruction; (a.5) To adopt, on or before May 15, 2013, a comprehensive set of guidelines for the establishment of high school graduation requirements to be used by each school district board of education in developing local high school graduation requirements. Each school district board of education retains the authority to develop its own unique high school graduation requirements, so long as those local high school graduation requirements meet or exceed any minimum standards or basic core competencies or skills identified in the comprehensive set of guidelines for high school graduation developed by the state board pursuant to this paragraph (a.5). In developing the guidelines for high school graduation, the state board shall utilize the recommendations of the state graduation guidelines development council established in section 22-7-414, as it existed prior to July 1, 2008, and shall: (I) Take into account recommendations from the 2006 report of the Colorado education alignment council appointed by the governor pursuant to executive order B 009 05; Colorado Revised Statutes 2019 Page 44 of 1211 Uncertified Printout (II) Ensure that the state graduation guidelines are aligned with the description of postsecondary and workforce readiness, including but not limited to the minimum required English language competencies, adopted by the state board and the Colorado commission on higher education pursuant to section 22-7-1008 and with the preschool through elementary and secondary education standards adopted by the state board pursuant to section 22-7-1005; (III) Work with the Colorado commission on higher education to ensure that the state board's guidelines for high school graduation adopted pursuant to this paragraph (a.5) and the postsecondary academic admission standards established pursuant to section 23-1-113, C.R.S., are aligned for students entering a four-year public postsecondary education institution on or after August 1, 2013; (IV) Recognize and address the multiple and diverse pathways to diplomas offered by school districts in the state. The guidelines for high school graduation shall accommodate the differing and broad categories of student interests and economic needs, including but not limited to agriculture, architecture, arts, communications, business and management, construction technology, education, finance, government, health sciences, tourism, human services, information technology, law and public safety, manufacturing, marketing and sales, physical education, science and technology, and transportation. The guidelines for high school graduation adopted by the state board pursuant to this paragraph (a.5) shall ensure, at a minimum, that, while not identical, each pathway is equally rigorous. (V) Utilize standards-based education, as described in part 10 of article 7 of this title, as the framework for the development of the guidelines for high school graduation and consider how high school graduation requirements can be articulated in a standards-based education system; (VI) Recognize and acknowledge the importance of obtaining the core competency skills and standards to succeed in the twenty-first century, including but not limited to proficiency in math, science, and written and verbal communication skills; (VI.5) Recognize and acknowledge the importance of education in performing arts, as defined in section 22-1-104.5 (1)(b), and visual arts, as defined in section 22-1-104.5 (1)(c), in strengthening student learning in other subjects and in supporting students' ability to succeed in the twenty-first century; and (VII) Take into account the importance of pre-high school and postsecondary career planning that provides middle school and junior high school students and parents with awareness of the school district's high school graduation requirements, the multiple pathways a student can follow, and other pertinent information that will help prepare a student for a successful high school experience. (b) To appoint a commissioner of education; (b.5) To review and evaluate annually the job performance of the commissioner of education using procedures and criteria determined by the state board. The procedures and criteria shall include, at a minimum, consideration of the comments and opinions of school district superintendents and school board members regarding the commissioner's job performance. Notwithstanding section 24-1-136 (11)(a)(I), the state board shall report the results of its evaluation to the education committees of the house of representatives and senate, or any successor committees. Colorado Revised Statutes 2019 Page 45 of 1211 Uncertified Printout (c) To appraise and accredit the public schools and school districts in this state and the state charter school institute pursuant to the provisions of article 11 of this title, and to submit recommendations to the governor and general assembly for improvements in education; (d) To approve the annual budget request for the department prior to submission; (e) To order the distribution or apportionment of federal and state moneys granted or appropriated to the department for the use of the public schools of the state, except moneys granted or made available to another agency specifically designated; (f) To review the annual report prepared by the commissioner and to transmit it to the governor in the form and manner prescribed by the heads of the principal departments pursuant to the provisions of section 24-1-136, C.R.S.; (f.5) To comply with the requirements of section 24-1-136.5, C.R.S., concerning the preparation of operational master plans, facilities master plans, and facilities program plans, as if the state board were the executive director of the department; (f.7) To provide such aggregate, nonidentifying information concerning student enrollment in every school district in the state that the department of human services may request pursuant to section 19-1-115.5, C.R.S.; (f.9) Repealed. (g) To perform any other duty which may be required by law; (h) On or before January 15, 2012, to adopt by rule standards for charter schools and charter school authorizers based on the recommendations made by the charter school and charter authorizer standards review committee pursuant to section 22-30.5-104.5; (i) To ensure that the rules promulgated by the state board and the policies and guidelines adopted by the department pursuant to this title impose the least possible administrative or financial burden on school districts, charter schools, or boards of cooperative services and, when appropriate to reduce potential administrative burden, to promulgate rules and instruct the department to adopt policies and guidelines that specifically apply to rural school districts, charter schools, and boards of cooperative services, as identified by the department. (2) and (3) (Deleted by amendment, L. 2009, (SB 09-163), ch. 293, p. 1528, § 7, effective May 21, 2009.) Source: L. 64: R&RE, p. 530, § 1. C.R.S. 1963: § 123-1-6. L. 80: (1)(c) amended and (2) and (3) added, p. 550, § 1, effective May 1. L. 83: (1)(f) amended, p. 832, § 33, effective July 1. L. 93: (2) amended, p. 1047, § 2, effective June 3. L. 94: (1)(f.5) added, p. 563, § 5, effective April 6. L. 97: (1)(f.7) added, p. 150, § 3, effective July 1; (2)(b) amended, p. 460, § 2, effective August 6. L. 98: (1)(c), (2), and (3) amended, p. 985, § 2, effective July 1. L. 2001: (3) amended, p. 1176, § 6, effective August 8. L. 2007: (1)(b.5) added, p. 170, § 3, effective March 22; (1)(a.5) added, p. 675, § 2, effective May 2; (1)(f.9) added, p. 1085, § 5, effective July 1. L. 2008: IP(1)(a.5) and (1)(a.5)(V) amended and (1)(a.5)(II) added, p. 768, § 2, effective May 14. L. 2009: (1)(c), (2), and (3) amended, (SB 09-163), ch. 293, p. 1528, § 7, effective May 21; IP(1)(a.5) amended, (SB 09-292), ch. 369, p. 1950, § 40, effective August 5. L. 2010: IP(1)(a.5), (1)(a.5)(III), and (1)(a.5)(VI) amended and (1)(a.5)(VI.5) added, (HB 10-1273), ch. 233, p. 1020, § 3, effective May 18; (1)(h) added, (HB 10-1412), ch. 248, p. 1108, § 2, effective May 21; IP(1)(a.5) amended, (HB 10-1013), ch. 399, p. 1907, § 20, effective June 10. L. 2012: IP(1)(a.5) amended, (HB 12-1240), ch. 258, p. 1308, § 1, effective June 4. L. 2015: IP(1)(a.5) and Colorado Revised Statutes 2019 Page 46 of 1211 Uncertified Printout (1)(a.5)(V) amended, (HB 15-1323), ch. 204, p. 720, § 19, effective May 20. L. 2016: (1)(i) added, (HB 16-1440), ch. 316, p. 1277, § 4, effective August 10. L. 2017: (1)(b.5) amended, (HB 17-1267), ch. 242, p. 994, § 3, effective August 9. Editor's note: Subsection (1)(f.9)(II) provided for the repeal of subsection (1)(f.9), effective July 2, 2008. (See L. 2007, p. 1085.) Cross references: (1) For additional duties of the state board of education, see § 22-2109; for duties concerning the collection of data on dropout rates, see § 22-2-114.1; for the duty to approve moneys for boards of cooperative services, see § 22-5-114; for duties concerning educational accountability, see article 7 of this title; for duties concerning the evaluation of performance of certificated personnel, see § 22-9-104; for duties concerning the education of exceptional children, see article 20 of this title; for the duty to supervise summer school programs under the "Migrant Children Educational Act", see § 22-23-106; for the duty to adopt rules and regulations concerning comprehensive health education programs, see § 22-25-104; for duties concerning the establishment of financial policies and procedures for school districts, see part 2 of article 44 of this title; for the duty to prescribe the minimum accounts to be maintained by school districts, see § 22-45-102; for duties concerning the reimbursement of transportation costs of school districts, see article 51 of this title; for duties concerning the second chance program for problem students, see article 52 of this title; for duties concerning school finance, see article 54 of this title. (2) For the legislative declaration in the 2007 act adding subsection (1)(a.5), see section 1 of chapter 182, Session Laws of Colorado 2007. For the legislative declaration in the 2007 act adding subsection (1)(b.5), see section 1 of chapter 48, Session Laws of Colorado 2007. For the legislative declaration in the 2010 act amending the introductory portion to subsection (1)(a.5) and subsections (1)(a.5)(III) and (1)(a.5)(VI) and adding subsection (1)(a.5)(VI.5), see section 1 of chapter 233, Session Laws of Colorado 2010. 22-2-106.5. State board - duties with regard to student data - memorandum of understanding. Notwithstanding the provisions of section 22-2-111 (3)(a), the state board shall enter into a memorandum of understanding on or before September 1, 2006, with the Colorado commission on higher education to adopt a policy to share student data. At a minimum, the policy shall ensure that the exchange of information is conducted in conformance with the requirements of the federal "Family Educational Rights and Privacy Act of 1974", as amended, 20 U.S.C. sec. 1232g, and all federal regulations and applicable guidelines adopted in accordance therewith. The policy shall additionally require the state board, upon request, to share student data with qualified researchers. For purposes of this section, qualified researchers shall include, but need not be limited to, institutions of higher education, school districts, and public policy research and advocacy organizations. Source: L. 2006: Entire section added, p. 716, § 4, effective July 1. 22-2-107. State board - power. (1) The state board has the power: (a) To perform all duties delegated to it by law; Colorado Revised Statutes 2019 Page 47 of 1211 Uncertified Printout (b) To employ personnel, subject to the provisions of section 13 of article XII of the state constitution, as may be necessary for the performance of powers and duties delegated to the state board, the commissioner, and the department; (c) To promulgate and adopt policies, rules, and regulations concerning general supervision of the public schools, the department, and the educational programs maintained and operated by all state governmental agencies for persons who have not completed the twelfthgrade level of instruction; (d) To approve within the appropriation made by the general assembly a salary schedule for personnel of the department who are not within the state personnel system; (e) To create, maintain, and modify, from time to time, such administrative organization for personnel of the department as may be deemed necessary or beneficial; (f) To provide consultative services to the public schools and boards of education of school districts; (g) To appraise for the purpose of accreditation any nonpublic school, but only upon its request; (g.5) Repealed. (h) To accept gifts, grants, and donations of any nature for the use of the department or the public schools in accordance with conditions prescribed by the donor; but no gift, grant, or donation shall be accepted if the conditions attached thereto require the use or expenditure thereof in a manner contrary to law; (i) To prepare, approve, and implement plans necessary as a prerequisite to the receipt of federal moneys or property under any act of congress for the use of the public schools of the state, except moneys granted or made available to another agency specifically designated; (j) To require a school district to take a school census, from time to time, containing such items of information as determined by the state board, and to give reasonable notice to each school district before requiring the taking of a census; (k) To appoint such advisory committees as may be beneficial to the improvement of education in the state; (l) To cooperate with other agencies either within or without the state for the improvement of education; (m) To cause to be prepared or corrected any report required by law to be filed by a school district at any time that a school district has failed to file such report when due or has filed a grossly inaccurate or incomplete report and to cause such school district to pay the cost of such preparation or correction; (n) To enter into reciprocal agreements for the exchange of information relative to the issuance, denial, or revocation of teacher licenses or certificates with the legally constituted licensing or certificating agencies in other states; (o) To enter into contracts with the state board for community colleges and occupational education for the development and for the supervision of the administration and implementation of state plans for occupational education in the public elementary and secondary schools; (p) Repealed. (q) To promulgate rules and regulations to define the types and amounts of costs in excess of applicable revenues that a school district of residence of a child with a disability shall pay as tuition to educate that child elsewhere within Colorado at a facility, as defined by the department in its regulations, approved by the facility schools unit in the department pursuant to Colorado Revised Statutes 2019 Page 48 of 1211 Uncertified Printout section 22-2-407, or at an administrative unit as defined in section 22-20-103 (1) other than the administrative unit of residence; however, a school district may pay a higher amount, as provided in section 22-20-109 (1); (r) To take the actions necessary to comply with the requirements of section 24-1-136.5, C.R.S., concerning the preparation of operational master plans, facilities master plans, and facilities program plans; (s) To approve programs by nonpublic, nonparochial schools to provide educational services to students pursuant to section 22-33-203, and to approve services to be provided to atrisk students pursuant to agreements entered into pursuant to section 22-33-204; and (t) To render a decision on the appeal of the state charter school institute's approval or denial of an institute charter school application or the revocation or nonrenewal of an institute charter school contract pursuant to part 5 of article 30.5 of this title. Source: L. 64: R&RE, p. 530, § 1. C.R.S. 1963: § 123-1-7. L. 67: p. 446, § 23. L. 83: (1)(p) and (1)(q) amended, p. 739, § 1, effective June 10. L. 87: (1)(q) amended, p. 826, § 1, effective May 16. L. 93: (1)(p) and (1)(q) amended, p. 1638, § 27, effective July 1. L. 94: (1)(r) added, p. 564, § 6, effective April 6. L. 96: (1)(g.5) added, p. 1798, § 16, effective June 4. L. 2000: (1)(s) added, p. 1972, § 14, effective June 2. L. 2004: (1)(g.5) amended, p. 1390, § 7, effective May 28; (1)(n) amended, p. 1283, § 12, effective May 28; (1)(g.5) amended, p. 1586, § 13, effective June 3; (1)(s) amended and (1)(t) added, p. 1617, § 2, effective July 1. L. 2008: (1)(p) amended, p. 1382, § 4, effective May 27. L. 2009: (1)(g.5) repealed, (SB 09-163), ch. 293, p. 1528, § 8, effective May 21; (1)(q) amended, (SB 09-292), ch. 369, p. 1951, § 41, effective August 5. Editor's note: Subsection (1)(p)(II) provided for the repeal of subsection (1)(p), effective July 1, 2008. (See L. 2008, p. 1382.) 22-2-108. Federal financial assistance. (1) The state board of education is authorized to accept, use, and administer all moneys and properties granted or made available to the state or any agency thereof for an educational purpose, except those moneys and properties granted or made available for such purpose to another such agency specifically designated. (2) If it is necessary to execute a formal agreement with a federal agency or officer as a condition precedent to receiving federal moneys or property pursuant to subsection (1) of this section, the state board is authorized to execute such an agreement, with the approval of the attorney general, provided such agreement shall not be inconsistent with law. (3) The state treasurer is authorized to receive any moneys accepted pursuant to the provisions of subsection (1) of this section as official custodian thereof, and he shall disburse said moneys upon the order of the state board. (4) By July 1, 2005, and by July 1 of each year thereafter, the state board shall submit a report to the education committees of the senate and house of representatives, or any successor committees, detailing the total amount of federal funds received by the state board in the prior fiscal year, accounting how the funds were used, specifying the federal law or regulation that governs the use of the federal funds, if any, and providing information regarding any flexibility the state board has in using the federal funds. Colorado Revised Statutes 2019 Page 49 of 1211 Uncertified Printout Source: L. 64: R&RE, p. 532, § 1. C.R.S. 1963: § 123-1-8. L. 2005: (4) added, p. 440, § 18, effective April 29. 22-2-109. State board of education - additional duties - teacher standards principal standards. (1) The state board of education shall: (a) Repealed. (b) to (f) (Deleted by amendment, L. 99, p. 1186, § 2, effective June 1, 1999.) (g) Adopt rules that prescribe performance-based standards of qualification, preparation, training, or experience that are required for the issuance of all licenses, master certificates, and authorizations, as provided for in article 60.5 of this title; (h) Adopt rules that prescribe performance-based standards for endorsements deemed appropriate for each type of license or authorization; (i) Utilize representatives from all levels of education in the development of performance-based standards of qualification, preparation, and experience for all licenses, master certificates, authorizations, and endorsements; (j) Conduct or arrange for research pertinent or essential to implement the provisions of article 60.5 of this title, including but not limited to educator licensure and educator preparation programs in institutions of higher education; (k) and (l) (Deleted by amendment, L. 99, p. 1186, § 2, effective June 1, 1999.) (m) Repealed. (n) and (o) (Deleted by amendment, L. 99, p. 1186, § 2, effective June 1, 1999.) (p) Adopt rules to ensure that administrator programs of preparation meet the requirements concerning instruction in evaluating licensed personnel specified in section 22-9108; (q) Adopt rules that require the reporting between school districts of the enrollment of any students who have transferred to another school or school district within the state. Such rules shall improve the ability of school districts to accurately identify which students have in fact dropped out of school and which students have merely transferred to another school or school district. Such rules shall also set forth uniform standards for determining which school or school district shall count a dropout as part of its own dropout count. (r) Repealed. (2) (Deleted by amendment, L. 99, p. 1186, § 2, effective June 1, 1999.) (3) On or before July 1, 2000, the state board of education by rule shall adopt performance-based teacher licensure standards, which at a minimum shall include a requirement that each candidate for an initial teacher license shall have and be able to demonstrate the following skills: (a) The ability to align instructional objectives with adopted student learning standards; (b) The ability to teach in a manner that addresses individual student needs and enables the student to improve his or her performance; (c) Proficiency in measuring and monitoring each student's progress toward achieving learning standards; (d) The ability to adjust instructional practices and methods when necessary to stimulate or enhance student progress; (e) The ability to engage parents as learning partners to promote student learning; Colorado Revised Statutes 2019 Page 50 of 1211 Uncertified Printout (f) The ability to integrate technology into instruction at the grade level for which the teacher expects to be endorsed; (g) The ability to assess student performance; (h) The ability to demonstrate a high level of content area knowledge and professional competencies in the areas identified by rule of the state board pursuant to section 22-60.5-203. (4) In adopting the performance-based teacher licensure standards pursuant to subsection (3) of this section, the state board shall also adopt rules specifying the methods by which a teacher candidate may demonstrate that he or she has achieved the specified skills and the manner in which such demonstrations may be documented for submission when the teacher candidate applies for licensure. (5) (a) The state board shall review the content of educator preparation programs offered by institutions of higher education within the state. Such review shall be designed to ensure that the content of each program is designed and implemented in a manner that will enable a candidate to meet the requirements specified by the state board pursuant to subsection (3) of this section and the requirements for licensure endorsement adopted by rule of the state board pursuant to section 22-60.5-106. The state board shall recommend to the Colorado commission on higher education that a program not be approved pursuant to section 23-1-121, C.R.S., if it determines that the program content does not meet the requirements specified in subsection (3) of this section or the endorsement requirements. (b) Upon the request of a nonpublic institution that provides an educator preparation program, the state board shall review the content of the program to determine whether the program content is designed and implemented in a manner that will enable a candidate to meet the requirements specified by the state board of education pursuant to subsection (3) of this section, and the requirements for licensure endorsement adopted by rule of the state board pursuant to section 22-60.5-106. Upon completion of the review, the state board shall notify the Colorado commission on higher education concerning whether the program content meets said requirements. (6) (a) On or before January 1, 2003, the state board of education by rule shall adopt performance-based principal licensure standards to guide the development of principal preparation programs offered by institutions of higher education. The state board of education shall develop said standards in collaboration with institutions of higher education that offer principal preparation programs, superintendents and local boards of education, and the commission on higher education. The state board of education shall ensure that said standards are consistent with national standards for principal preparation. Said standards must include, but need not be limited to, the following: (I) Strong leadership development that shall include but need not be limited to decisionmaking, communication, and human relations skills; and (II) Instructional skills and knowledge and the use of data necessary to lead and organize a standards-based school that is characterized by student proficiency in literacy and the state content standards as described in section 22-7-1005. (b) Repealed. (7) (a) Beginning with the 2006-07 school year and annually thereafter, the state board shall direct the department to survey the superintendents of the school districts of the state who employ principals who hold a principal authorization or an initial principal license or who obtain a professional principal license without first holding an initial principal license and who are in Colorado Revised Statutes 2019 Page 51 of 1211 Uncertified Printout their first three years of employment as a principal. The department shall base the survey questions on the performance-based principal licensure standards adopted by the state board pursuant to subsection (6) of this section. The department shall design the survey to solicit information by which to measure the quality and effectiveness of principal preparation programs and other alternative forms of principal preparation and to solicit information from superintendents concerning the principal licensure standards. (b) Notwithstanding section 24-1-136 (11)(a)(I), the state board shall submit annually to the education committees of the house of representatives and the senate, or any successor committees, a written summary report of the results of the survey conducted pursuant to subsection (7)(a) of this section. In submitting the report, the state board shall ensure that the report for the current year and the preceding year's report, if one exists, are available to the education committees for consideration at the biennial joint meeting held pursuant to section 2260.5-116.5. The state board shall also submit the report annually to the governor, the Colorado commission on higher education, and the institutions of higher education that operate principal preparation programs. (c) The costs incurred by the department in implementing this subsection (7) shall be paid from moneys appropriated from the educator licensure cash fund created in section 22-60.5112 (1). Source: L. 64: R&RE, pp. 532, 533, § 1. C.R.S. 1963: §§ 123-1-9, 123-1-10. L. 68: p. 95, §§ 42-44. L. 75: (1) R & RE, p. 718, § 1, effective July 1, 1976. L. 77: (1)(a) repealed, p. 1087, § 6, effective July 1. L. 79: (1)(l) added, p. 772, § 1, effective June 19. L. 89: (1)(m) added, p. 952, § 2, effective July 1. L. 91: (1)(n) and (1)(o) added, p. 511, § 2, effective July 1, 1994. L. 98: (1)(b) and (1)(c) amended, p. 991, § 14, effective July 1; (1)(p) added, p. 285, § 2, effective July 1. L. 99: Entire section amended, p. 1186, § 2, effective June 1; (1)(q) added, p. 1057, § 2, effective June 1. L. 2000: (1)(p) amended, p. 1849, § 39, effective August 2. L. 2001: (1)(r) added, p. 169, § 2, effective August 8. L. 2002: (1)(p) amended and (6) added, p. 1352, § 2, effective June 7. L. 2004: (1)(g), (1)(i), and (1)(p) amended, p. 1284, § 13, effective May 28. L. 2005: IP(3) amended, p. 188, § 29, effective April 7. L. 2006: (7) added, p. 1238, § 1, effective May 26; (6)(b) repealed, p. 595, § 4, effective August 7. L. 2011: (1)(j), (5), and (7)(a) amended, (SB 11-245), ch. 201, p. 847, § 4, effective August 10. L. 2012: (1)(r) repealed, (HB 12-1240), ch. 258, p. 1309, § 3, effective June 4. L. 2015: IP (6)(a) and (6)(a)(II) amended, (HB 15-1323), ch. 204, p. 720, § 20, effective May 20. L. 2017: (7)(b) amended, (HB 17-1267), ch. 242, p. 993, § 1, effective August 9. Editor's note: Subsection (1)(m) provided for the repeal of subsection (1)(m), effective June 30, 1994. (See L. 89, p. 952.) Cross references: (1) For other duties of the state board, see § 22-2-106. (2) For the legislative declaration in the 2011 act amending subsections (1)(j), (5), and (7)(a), see section 1 of chapter 201, Session Laws of Colorado 2011. 22-2-110. Commissioner of education - oath - qualifications - tenure. (1) The commissioner of education shall be the chief state school officer and executive officer of the department of education. He or she shall possess the professional qualifications described in Colorado Revised Statutes 2019 Page 52 of 1211 Uncertified Printout subsection (4) of this section and such additional professional qualifications as may be deemed appropriate for the office by the state board. (2) The commissioner shall be appointed by the state board, serve at the pleasure of the board, and receive such compensation as may be determined by the board. (3) Before entering upon his or her duties, the commissioner shall subscribe to an oath of office, which oath shall be filed with the secretary of state. (4) The person appointed to the office of commissioner of education by the state board pursuant to subsection (2) of this section shall, at a minimum, satisfy the following professional qualifications: (a) The person shall have demonstrated personal and professional leadership success, preferably in the administration of public education; and (b) The person shall possess an earned advanced degree, preferably in education or educational administration awarded from a regionally or nationally accredited college or university. (5) Notwithstanding section 24-1-136 (11)(a)(I), the state board shall annually review and evaluate the job performance of the commissioner, as provided in section 22-2-106 (1)(b.5), and report the results of its evaluation to the public and the education committees of the house of representatives and senate, or any successor committees. Source: L. 64: R&RE, p. 534, § 1. C.R.S. 1963: § 123-1-11. L. 2007: Entire section amended, p. 169, § 2, effective March 22. L. 2017: (5) amended, (HB 17-1267), ch. 242, p. 993, § 2, effective August 9. Cross references: (1) For the constitutional oath of office, see § 8 of article XII of the state constitution. (2) For the legislative declaration contained in the 2007 act amending this section, see section 1 of chapter 48, Session Laws of Colorado 2007. 22-2-111. Commissioner of education - office - records - confidential nature. (1) The commissioner shall have an office at the seat of the government where he shall keep an official seal and all books and papers pertaining to the business affairs of his office. He shall be entitled to reimbursements for necessary travel and subsistence expenses, incurred either within or without the state, in accordance with regulations promulgated by the state controller. (2) Copies of all papers, reports, and documents filed in his office, and his official acts, may be certified by him under seal, and when so certified shall be evidence of his official acts equally and in a like manner as the original paper, report, or document or testimony under oath. (3) (a) Except when requested by the governor or a committee of the general assembly or pursuant to compliance with section 22-32-109.8 or 22-2-119, all papers filed in the department of education that contain personal information about applicants for employment, employees, or holders of educator licenses or authorizations or about pupils' test scores are classified as confidential in nature; however, each educator has the right to inspect and to have copies made at the educator's expense of all information pertaining to the educator on file in the department of education. The educator may challenge any such record by formal letter or other evidence, which shall be added to the state records. The state board may authorize any material to be added to or removed from an educator's official records in its custody. It is unlawful for any officer, Colorado Revised Statutes 2019 Page 53 of 1211 Uncertified Printout employee, or other person to divulge, or to make known in any way, any such personal information without the written consent of said applicant, employee, educator, or pupil; but the information may be divulged or made known in the normal and proper course of administration of programs relating thereto without such written consent. Nothing in this subsection (3) shall be construed in a manner to prohibit the publication of statistics relative to the aforementioned information when so classified as to prevent the identification of educators or pupils involved in said statistics. (b) Notwithstanding the provisions of paragraph (a) of this subsection (3), on or before July 1, 2004, and on or before July 1 each year thereafter, the department shall provide to the department of higher education a list of the persons initially licensed as educators during the preceding twelve months and, for each such person who completed an approved program of preparation provided by a Colorado institution of higher education, the name of the institution that provided the approved program of preparation, and a list of the persons who have held an educator license for two years as of the reporting date. Source: L. 64: R&RE, p. 534, § 1. C.R.S. 1963: § 123-1-12. L. 2004: (3) amended, p. 382, § 2, effective April 8; (3) amended, p. 1284, § 14, effective May 28. L. 2008: (3)(a) amended, p. 1665, § 5, effective May 29. Editor's note: Amendments to subsection (3) by Senate Bill 04-062 and House Bill 041104 were harmonized. Cross references: For provisions concerning school records under the "Open Records Act", see part 2 of article 72 of title 24. 22-2-112. Commissioner - duties - report - legislative declaration. (1) Subject to the supervision of the state board, the commissioner has the following duties: (a) To advise the state board concerning the current operation and status of the public schools and upon other educational matters; (b) To supply the state board with such information as it may require and to prepare for the board to transmit annually a report accounting to the governor and the house and senate committees on education for the efficient discharge of all responsibilities assigned by law or directive to the department, and to issue all publications of the department circulated in quantity outside the executive branch in accordance with the provisions of section 24-1-136, C.R.S.; (c) To prepare and submit to the state board a budget for the department and to properly execute the approved budget in accordance with appropriations; (d) To establish and maintain a system of personnel administration within the department; (e) To cause all policies, rules, and regulations adopted by the state board to be duly executed; (f) To serve as state librarian pursuant to section 24-90-104 (2), C.R.S.; (g) To visit public schools and communities which most need his personal attendance for the purpose of stimulating and guiding public sentiment to education and diffusing by public addresses and personal communication with parents, school officers, and teachers a knowledge Colorado Revised Statutes 2019 Page 54 of 1211 Uncertified Printout of existing defects of and a knowledge of desirable improvements in the government, finance, curriculum of, and instruction in the public schools; (h) To establish and maintain adequate statistical, academic performance, safety environment, and financial records of school districts, including records required by article 11 of this title; (i) To cause to be reprinted annually laws enacted by the general assembly concerning education, in accordance with the provisions of section 24-1-136, C.R.S., and to furnish copies thereof to interested persons. All publishing costs therefor shall be paid out of the state public school fund pursuant to section 22-54-114 (5). (j) To perform other duties as may be delegated to him by law or by the state board; (k) To submit to the governor and the general assembly, not later than the first day of September of each year, a report which shall discuss educational issues in Colorado and such other subjects as the commissioner may deem appropriate. The commissioner shall also submit such fiscal, instructional, academic progress, and other information as may be required by the state board to reflect the quality of education in the state. Statistical data by school district regarding drop-out rates, teacher-pupil ratios, number of courses offered, teacher turnover rates, and reading and achievement scores will be available upon request. (l) To prepare a manual setting forth simplified election procedures for use by the election judges in the district. He shall notify the superintendent of each district that such a manual is available and that copies will be furnished upon request and free of charge. When the school election laws have changed, he shall revise the manual to comply with the then existing laws. Such revisions may be made by inserts to the manual. (m) To supervise, manage, and control the Colorado school for the deaf and the blind at Colorado Springs; (n) To enter into an interagency agreement with the department of health care policy and financing and to promulgate such rules and regulations as may be necessary under the agreement to enable school districts, boards of cooperative services, and state educational institutions to enter into contracts and to receive federal matching funds for moneys spent in providing student health services as provided in section 25.5-5-301 (6) or 25.5-5-318, C.R.S.; (o) To comply with the duties set forth in article 11 of this title; (p) To establish and maintain an educator identifier system to assign unique identifiers to educators employed in a school district or local education agency. Each educator's identifier must be unique. The identifier must not use any personal identifying information, such as social security numbers or contact information, except for alignment purposes in data processing. Any personal identifying information that is collected must be linked in a secure data location so data sets can be matched based on the personal identifying information when the identifier is not included. (q) (I) To assist the state board in reviewing the content of educator preparation programs offered by institutions of higher education within the state. In so doing, the commissioner shall direct the department to collaborate with the department of higher education to prepare an annual report on the effectiveness of educator preparation programs. (II) For purposes of this paragraph (q), the department shall use data collected from an educator in his or her first three years of placement as the educator of record. (III) To the extent the relevant data is available at the time of the annual report, the report required pursuant to this subsection (1)(q) must include, but need not be limited to, the Colorado Revised Statutes 2019 Page 55 of 1211 Uncertified Printout correlation between different educator preparation programs in the state, including alternative educator preparation programs, and student academic growth, educator placement, educator mobility and retention, and educator performance evaluation ratings. (IV) The department shall work collaboratively with educator preparation programs and the department of higher education and make the report prepared pursuant to this paragraph (q) available to the public on its website no later than thirty days after its completion. The department shall share the information with educator preparation programs to inform curriculum and program improvements. (r) Repealed. (s) To facilitate employment first policies and practices by: (I) Providing input and assistance to the employment first advisory partnership described in section 8-84-303, C.R.S., in carrying out its duties; and (II) Presenting the reports and recommendations of the employment first advisory partnership to the department's legislative committee of reference pursuant to section 8-84-303 (7), C.R.S. (t) To annually distribute to each school district and to the state charter school institute informational materials received from the department of personnel pursuant to section 24-5-102 relating to federal student loan repayment programs and student loan forgiveness programs. (2) In accordance with section 22-2-107 (1)(c), the commissioner shall establish requirements enabling residents of this state who are seventeen years of age or older or who are sixteen years of age and satisfy the requirements of section 22-33-104.7 to successfully complete a high school equivalency examination, as defined in section 22-33-102 (8.5). (3) Repealed. (4) (a) The commissioner shall ensure that the department, subject to available appropriations, annually allocates money to school districts, district charter schools, and institute charter schools to reimburse them for the costs of administering developmental education placement or assessment tests pursuant to sections 22-32-109.5, 22-30.5-117, and 22-30.5-526, respectively, to students enrolled in grades nine through twelve. The department shall allocate money to offset the costs incurred in administering each of the test units only once per student while the student is enrolled in grades nine through twelve. (b) The general assembly finds that, for purposes of section 17 of article IX of the state constitution, administering developmental education placement or assessment tests to students in grades nine through twelve is an accountable program to meet state academic standards and is a component of accountability reporting and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution. (5) On and after August 10, 2016, the board of education of a school district that intends to seek voter approval of bonded indebtedness for the purpose of constructing a building that the school district may lease to a state institution of higher education or that intends to lease other school district property to a state institution of higher education, and that intends, in either situation, to receive in-kind services in lieu of part or all of the lease payments, must submit to the commissioner a letter of intent to lease property to a state institution of higher education. The commissioner shall approve the first three letters of intent that are submitted after August 10, 2016, and shall not approve subsequent submittals until July 1, 2021, at which point the commissioner may approve the first three letters of intent submitted after that date. A school district board of education may proceed with plans to lease property to a state institution of Colorado Revised Statutes 2019 Page 56 of 1211 Uncertified Printout higher education or to seek voter approval of bonded indebtedness to construct a building for lease to a state institution of higher education only if the school district's letter of intent is approved by the commissioner. The provisions of this subsection (5) do not apply to a building lease between a school district and a state institution of higher education that exists as of August 10, 2016. (6) If a school district fails to replace categorical program support funds as required in section 22-54-107, the commissioner shall withhold from any state money due to the school district for any reason the unpaid amount of categorical program support funds recoverable from the school district. The commissioner shall withhold the state money commencing in the budget year immediately following the budget year in which the school district fails to pay the recoverable amount. The commissioner shall assess and recover an interest fee on the unpaid amount, beginning July 1, at a rate that is equal to the earnings on the treasury pooled funds for the previous fiscal year; except that the commissioner may waive accrued interest upon recovery of the unpaid amount. Source: L. 64: R&RE, p. 535, § 1. C.R.S. 1963: § 123-1-13. L. 69: p. 1022, § 1. L. 75: (1)(l) added, p. 686, § 2, effective July 1. L. 77: (1)(m) added, p. 1090, § 1, effective July 1. L. 79: (1)(f) amended and (2) added, pp. 774, 992, §§ 1, 2, effective July 1. L. 83: (1)(b) and (1)(i) amended, p. 833, § 34, effective July 1. L. 84: (1)(k) R&RE, p. 580, § 1, effective April 5. L. 96: (1)(b) amended, p. 1234, § 70, effective August 7. L. 97: (1)(n) added, p. 1138, § 5, effective May 28. L. 98: (1)(o) added, p. 986, § 3, effective July 1. L. 2000: (1)(h) amended, p. 349, § 2, effective April 10. L. 2006: (1)(n) amended, p. 2005, § 62, effective July 1. L. 2007: (1)(i) amended, p. 625, § 1, effective April 26; (3) added, p. 1065, § 3, effective May 23. L. 2009: (1)(h) amended, (SB 09-163), ch. 293, p. 1528, § 9, effective May 21. L. 2012: (4) added, (HB 12-1345), ch. 188, p. 730, § 20, effective May 19. L. 2013: (1)(p) and (1)(q) added, (HB 131219), ch. 104, p. 356, § 1, effective August 7. L. 2014: (2) amended, (SB 14-058), ch. 102, p. 380, § 8, effective April 7; (1)(r) added, (HB 14-1202), ch. 361, p. 1700, § 2, effective June 6. L. 2016: (6) added, (HB 16-1422), ch. 351, p. 1431, § 4, effective June 10; (1)(s) added, (SB 16077), ch. 360, p. 1506, § 6, effective July 1; (5) added, (SB 16-209), ch. 235, p. 950, § 3, effective August 10. L. 2018: (1)(q)(III) amended, (HB 18-1379), ch. 250, p. 1541, § 7, effective May 24. L. 2019: (4) amended, (HB 19-1206), ch. 133, p. 598, § 4, effective April 25; (1)(t) added, (SB 19-057), ch. 35, p. 113, § 2, effective August 2. Editor's note: (1) Subsection (3)(b) provided for the repeal of subsection (3), effective July 1, 2008. (See L. 2007, p. 1065.) (2) Subsection (1)(r)(II) provided for the repeal of subsection (1)(r), effective July 1, 2015. (See L. 2014, p. 1700.) Cross references: (1) For duties of the commissioner of education concerning information as to respect for the flag and instruction on the U.S. constitution, see §§ 22-1-106 and 22-1-109; for duties concerning the use of eye protective devices in schools, see § 22-3-104; for duties concerning special education, see article 20 of this title; for the duty to review comprehensive health education programs, see § 22-25-105; for duties concerning educational clinics for public school dropouts, see article 27 of this title; for duties relating to the Colorado Revised Statutes 2019 Page 57 of 1211 Uncertified Printout organization of school districts, see article 30 of this title; for duties concerning the Colorado school for the deaf and the blind, see article 80 of this title. (2) For the legislative declaration contained in the 1996 act amending subsection (1)(b), see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration in the 2012 act adding subsection (4), see section 11 of chapter 188, Session Laws of Colorado 2012.For the legislative declaration in SB 16-077, see section 1 of chapter 360, Session Laws of Colorado 2016. For the legislative declaration in HB 19-1206, see section 1 of chapter 133, Session Laws of Colorado 2019. 22-2-113. Commissioner - powers. (1) Subject to the supervision of the state board, the commissioner has the following powers: (a) To perform all duties which may be required by law; (b) To issue instructions to school district officers and employees concerning the government of the public schools under their control; (c) To prescribe forms and items to be included in reports submitted by school district officers and employees and other persons; (d) To construe provisions of the school laws on questions submitted to him in writing by any school district officer or employee or other person. Said construction may be published in either memorandum form or in any periodical devoted to the interest of education with general distribution to the public schools. (e) To cause to be prepared, printed, and distributed report forms, registers, curriculum and instructional guides, pamphlets, and other materials as may be beneficial to personnel and pupils of the public schools. All publishing costs therefor shall be paid out of the funds appropriated to the department on warrants of the controller covering vouchers approved by the commissioner. A reasonable fee may be charged for any such materials delivered to a person not in the service of a school district or enrolled as a pupil in the public schools thereof. All receipts from such fees shall be deposited to the credit of the general fund. (f) To recover a penalty fee from current state payments to a school district, a board of cooperative services as defined in section 22-5-103 (2), or a group care facility or home as defined by the department in its regulations when a certification to the department of education by such district, board, facility, or home for the determination of state funding by the department is not supported by generally accepted accounting principles upon audit by the department. The penalty fee shall be determined by the commissioner, but in no event shall such fee be less than fifty dollars nor more than twenty thousand dollars per initial audit. (g) (I) To recover an interest fee from current state payments to a school district, a board of cooperative services as defined in section 22-5-103 (2), or a group care facility or home as defined by the department in its rules when a certification to the department by such district, board, or facility, for the determination of state funding, results in an overpayment to the district, board, facility, or home by the state. The interest amount shall be computed on the amount of overpayment at a rate that is equal to the earnings on the treasury pooled funds for the previous fiscal year, beginning from the final settlement date of the audit. The interest fee shall be recovered in addition to the recovery of the amount of the overpayment. (II) (A) Notwithstanding the provisions of subparagraph (I) of this paragraph (g), for audits that begin on or after July 1, 2007, if the department determines through an audit of a school district or a group care facility or home that an overpayment of state funding has been Colorado Revised Statutes 2019 Page 58 of 1211 Uncertified Printout made to the district, facility, or home due to an error in information submitted to the department, the commissioner shall not recover an interest fee from the district, facility, or home in addition to the amount of the overpayment if the district, facility, or home repays the overpayment within the period specified in sub-subparagraph (B) of this subparagraph (II). (B) The period during which the commissioner shall not recover an interest fee pursuant to sub-subparagraph (A) of this subparagraph (II) shall be a period that is equal to the number of years and any fraction of a year between the settlement date of the audit in which the overpayment to the school district or group care facility or home was determined and the settlement date of the immediately preceding audit of the district, facility, or home. The period shall begin on the final settlement date of the audit in which the overpayment to the district, facility, or home was determined. (C) If a school district or group care facility or home is unable to repay the total amount of the overpayment within the period specified in sub-subparagraph (B) of this subparagraph (II), the district, facility, or home and the department may negotiate an extension of the repayment period for the remaining amount of the overpayment; except that the commissioner shall recover the interest fee described in subparagraph (I) of this paragraph (g) on the remaining amount of the overpayment beginning on the day immediately following the expiration of the period specified in sub-subparagraph (B) of this subparagraph (II). The interest fee shall be recovered in addition to the recovery of the remaining amount of the overpayment. (III) Notwithstanding any provision of subparagraph (I) or (II) of this paragraph (g) to the contrary, for the 2008-09 budget year, the commissioner may accept as repayment from a school district that has received an overpayment items for use by the department, including but not limited to lifetime online curriculum licenses, in the same value as the amount of the overpayment owed by the school district. (h) To cooperate with local boards of education, pursuant to section 18-18-407 (2)(b), C.R.S., and make recommendations regarding the uniform implementation and furnishing of notice of the provisions of section 18-18-407 (2)(b), C.R.S.; (i) To issue emergency orders concerning a charter school pursuant to section 22-30.5703. Source: L. 64: R&RE, p. 536, § 1. C.R.S. 1963: § 123-1-14. L. 87: (1)(f) and (1)(g) added, p. 824, § 1, effective April 22. L. 90: (1)(h) added, p. 990, § 4, effective April 16. L. 92: (1)(h) amended, p. 392, § 23, effective July 1. L. 2007: (1)(g) amended, p. 737, § 9, effective May 9. L. 2009: (1)(g)(III) added, (SB 09-256), ch. 294, p. 1563, § 25, effective May 21. L. 2010: (1)(i) added, (HB 10-1345), ch. 245, p. 1087, § 1, effective May 21. Cross references: For power of commissioner of education to waive reporting requirements, see § 22-2-116. 22-2-113.5. Educational programs for pupils in foster homes or placed by child placement agencies - study - repeal. (Repealed) Source: L. 96: Entire section added, p. 1799, § 22, effective June 4. Colorado Revised Statutes 2019 Page 59 of 1211 Uncertified Printout Editor's note: Subsection (4) provided for the repeal of this section, effective July 1, 1997. (See L. 96, p. 1799.) 22-2-113.8. Department of education - additional local revenues - distribution to schools - annual report. (1) For the 2014-15 budget year and each budget year thereafter, each school district shall report the total amount of additional local property tax revenues the district is authorized to collect in addition to the district's total program mill levy, but not including amounts authorized pursuant to section 22-40-110, article 42 of this title, or article 43 of this title, and the amount of the additional local property tax revenues that the school district distributes directly to schools of the school district, stated as a dollar amount. (2) The department shall annually compile a report of the information received pursuant to subsection (1) of this section concerning the collection of additional local property tax revenues by each school district and the distribution of the revenues to the schools of the school district, including the charter schools. In addition to the compiled information, the report must include a comparison of the amount of additional local property tax revenues received by the school district and the amount distributed to the schools of the district, including the charter schools, at the district level and aggregated statewide. (3) (a) The department shall allow each school district and each district charter school to review the report before publication. A school district or a charter school may request that the department compile an addendum to the report that is specific to the requesting school district or charter school and that examines the overall level of funding distributed by the school district to the charter schools of the district, including: (I) Capital construction and facilities funding; (II) Funding for technology; and (III) Any other funding that the school district distributes to the charter schools of the district. (b) The department shall simultaneously publish on the department website the report and any addenda prepared for the report in response to a school district or charter school request. Source: L. 2014: Entire section added, (HB 14-1292), ch. 243, p. 909, § 13, effective May 21. Cross references: For the short title ("Student Success Act") in HB 14-1292, see section 1 of chapter 243, Session Laws of Colorado 2014. 22-2-114. Department of education - special programs. (Repealed) Source: L. 85: Entire section added, p. 720, § 1, effective July 1. Editor's note: Subsection (5) provided for the repeal of this section, effective July 1, 1987. (See L. 85, p. 720.) 22-2-114.1. Dropout rates - collection of data on grades seven through twelve. (1) The general assembly hereby declares that the dropout rate indicates a waste of economic and human potential. Therefore a correct assessment of the number of students who fail to complete Colorado Revised Statutes 2019 Page 60 of 1211 Uncertified Printout high school in the typical length of time is necessary in order to fully recognize and correct the problem. (2) The state board of education shall develop and implement in cooperation with local boards of education a model student accounting method and data collection system on dropouts in grades seven through twelve, with results to be reported to the general assembly by January 1, 1988. (2.5) to (3) (Deleted by amendment, L. 2010, (HB 10-1171), ch. 401, p. 1933, § 1, effective August 11, 2010.) Source: L. 86: Entire section added, p. 799, § 1, effective April 3. L. 93: (3)(a) amended, p. 379, § 1, effective April 12. L. 94: Entire section amended and (2.7) added, pp. 615, 616, §§ 1, 2, effective July 1. L. 99: (3) amended, p. 1057, § 1, effective June 1. L. 2007: (3)(a) amended, p. 1087, § 10, effective July 1. L. 2010: Entire section amended, (HB 10-1171), ch. 401, p. 1933, § 1, effective August 11. 22-2-115. Early childhood education program - study - report to general assembly. (Repealed) Source: L. 85: Entire section added, p. 726, § 1, effective July 1. Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 1986. (See L. 85, p. 726.) 22-2-116. Additional power - waiver of reporting requirements - review of reporting requirements. (1) The commissioner may waive any requirements imposed by this title as to the reporting of data to the department or the state board by any school district which is eligible to receive the minimum amount of state moneys under the provisions of article 54 of this title, if the commissioner finds that any benefits from receiving such reports are outweighed by the district's increased administrative costs of reporting in light of its minimum share of state moneys. (2) Repealed. Source: L. 88: Entire section added, p. 809, § 3, effective January 1, 1989. L. 94: Entire section amended, p. 810, § 18, effective April 27. L. 2005: Entire section amended, p. 998, § 1, effective June 2. L. 2007: (2) repealed, p. 1064, § 2, effective May 23. 22-2-116.5. Department of education - student-level course completion data. Beginning with the 2014-2015 school year, the department shall annually collect student-level course completion data, consistent with state and federal privacy laws, from each local education agency in the state. The department shall establish a definition of course completion that may be consistently understood and applied and that must be periodically revised as appropriate. In developing the definition, the department shall work with interested parties to consider issues, including but not limited to whether students should be included in the database if they have enrolled in a course after a specified date or dropped a course before a specified date and Colorado Revised Statutes 2019 Page 61 of 1211 Uncertified Printout whether course completion must be determined based on the receipt of particular grades or other criteria. Source: L. 2013: Entire section added, (HB 13-1219), ch. 104, p. 357, § 3, effective August 7. 22-2-117. Additional power - state board - waiver of requirements - rules. (1) (a) Upon application of the board of education of any school district, the state board, except as prohibited in paragraph (b) of this subsection (1), may waive any of the requirements imposed by this title or by rule promulgated by the state board. The state board shall grant the waiver if it determines that it would enhance educational opportunity and quality within the school district and that the costs to the school district of complying with the requirements for which the waiver is requested significantly limit educational opportunity within the school district. Any school district board of education that applies for a waiver pursuant to this section shall specify in such application the manner in which it shall comply with the intent of the waived rules or statutes and shall be accountable to the state board for such compliance. (b) The state board shall not waive any of the requirements specified in any of the following statutory provisions: (I) The "Public School Finance Act of 1994", article 54 of this title; (II) The "Exceptional Children's Educational Act", article 20 of this title; (III) Any provision of part 5 of article 11 of this title pertaining to the data necessary for performance reports; (IV) Any provision of this title 22 that relates to fingerprinting and criminal history record checks of educators and school personnel; (V) The "Children's Internet Protection Act", article 87 of this title 22; (VI) The requirement to post on the internet the statutes for which waivers are granted as provided in section 22-44-305; (VII) Any provisions of section 22-1-130, relating to notification to parents of alleged criminal conduct by school district employees; (VIII) [Editor's note: This subsection (1)(b)(VIII) is effective July 1, 2020.] Section 2233-106.1, concerning suspension and expulsion of students in preschool through second grade; or (IX) Any provisions of section 22-1-128, relating to comprehensive human sexuality education content requirements. (c) A principal of a public school may initiate a request for a waiver pursuant to this section and shall submit such request to the superintendent and the board of education of the school district in which the public school is located. Such waiver, if granted, shall be limited in application to the public school, unless otherwise designated by the school district. The school district may choose either to adopt such request and apply to the state board for a waiver pursuant to this section or not adopt such request. (d) In addition to any requirements for a waiver application that are specified in this subsection (1), any application submitted by a school district that has a funded pupil count, as defined in section 22-54-103 (7), of three thousand or more pupils shall demonstrate that such application has the consent of a majority of the appropriate accountability committee, a majority Colorado Revised Statutes 2019 Page 62 of 1211 Uncertified Printout of the affected licensed administrators, and a majority of the teachers of the affected school or district. (1.5) Notwithstanding any provision of this section or any other provision of law, the state board shall not waive requirements contained in article 11 of this title or sections 22-71006.3, 22-32-105, 22-32-109 (1)(bb)(I) and (2), 22-32-109.1 (2)(a), 22-32-146, and 22-33-104 (4). (2) Prior to submitting an application for a waiver as provided in subsection (1) of this section, a school district board of education, in a public meeting including a public hearing, shall adopt a resolution stating the board's intent to apply for a waiver and specifying the statutes and rules for which the board will request waivers. The school district board of education shall post notice of such public meeting in three public places within the district for a period of not less than thirty calendar days prior to such meeting, giving the time and location of such meeting and a description of the waiver request, and, if a newspaper is published within the county, shall publish such notice once each week for at least four weeks prior to the meeting in such newspaper. At least sixty days prior to such public meeting and hearing, the school district board of education shall meet with the school district accountability committee to consult with the committee concerning the intent to seek the waiver. (3) (a) Any waiver made pursuant to the provisions of this section shall continue until such time as: (I) The school district board of education that holds the waiver by resolution requests revocation of the waiver; or (II) The state board receives evidence that constitutes good and just cause for revocation of the waiver, as determined by the state board. (b) The state board may revoke a waiver granted pursuant to this section only by action taken in a public meeting and hearing. (4) The provisions of this section shall not apply to any waiver requested by a charter school pursuant to sections 22-30.5-104 (6) and 22-30.5-105 (3). Waiver requests by a charter school shall be governed by the provisions of said sections. (5) The state board shall promulgate such rules as are necessary to implement the provisions of this section regarding the waiver application process. (6) Notwithstanding any provision of this section to the contrary, a school district that has been granted by the state board exclusive authority to charter schools within its geographic boundaries pursuant to section 22-30.5-504 shall not be required to demonstrate that it has obtained the consent of a majority of the appropriate accountability committee, a majority of the affected licensed administrators, and a majority of the teachers of the affected school or district in order to apply for a waiver of any of the requirements imposed by this title or by rule promulgated by the state board; except that such consent shall be required for an application for a waiver from any provisions of article 9 or articles 60.5 to 64 of this title. Source: L. 89: Entire section added, p. 946, § 1, effective April 17. L. 93: (4) amended, p. 1061, § 2, effective June 3. L. 94: (2) amended, p. 1380, § 5, effective May 25. L. 96: (3) repealed, p. 1233, § 66, effective August 7. L. 97: (1) amended, p. 460, § 3, effective August 6. L. 98: (4) repealed, p. 317, § 1, effective April 17. L. 2000: (1) amended and (1.5) added, pp. 369, 349, §§ 20, 3, effective April 10; entire section R&RE, p. 522, § 1, effective August 2; (1)(b) amended, p. 375, § 33, effective August 2. L. 2001: (1.5) amended, p. 1271, § 23, Colorado Revised Statutes 2019 Page 63 of 1211 Uncertified Printout effective June 5; (1)(b)(III) amended, p. 1498, § 20, effective June 8. L. 2003: (1)(b) amended, p. 2515, § 3, effective June 5; (1)(b)(V) added, p. 2477, § 32, effective August 15. L. 2004: (6) added, p. 1617, § 3, effective July 1. L. 2009: (1)(b)(III) and (1.5) amended, (SB 09-163), ch. 293, p. 1529, § 10, effective May 21. L. 2012: (1.5) amended, (HB 12-1345), ch. 188, p. 747, § 34, effective May 19. L. 2015: (1.5) amended, (HB 15-1323), ch. 204, p. 721, § 21, effective May 20. L. 2017: (1)(b)(IV) and (1)(b)(V) amended and (1)(b)(VI) added, (HB 17-1375), ch. 287, p. 1596, § 6, effective June 2. L. 2018: (1)(b)(V) and (1)(b)(VI) amended and (1)(b)(VII) added, (HB 18-1269), ch. 268, p. 1653, § 2, effective August 15. L. 2019: (1)(b)(VI) and (1)(b)(VII) amended and (1)(b)(IX) added, (HB 19-1032), ch. 408, p. 3603, § 7, effective May 31; (1)(b)(VI) and (1)(b)(VII) amended and (1)(b)(VIII) added, (HB 19-1194), ch. 160, p. 1887, § 3, effective July 1, 2020. Editor's note: (1) Amendments to subsection (1) in Senate Bill 00-186 were superseded by House Bill 00-1040. (2) Subsection (1)(b)(V) was originally numbered as (1)(b)(IV) in Senate Bill 03-326, but has been renumbered on revision for ease of location. Cross references: For the legislative declaration in HB 19-1032, see section 1 of chapter 408, Session Laws of Colorado 2019. For the legislative declaration in HB 19-1194, see section 1 of chapter 160, Session Laws of Colorado 2019. 22-2-118. Department of education - study of school district administration and staffing patterns. (Repealed) Source: L. 89: Entire section added, p. 965, § 11, effective June 7. Editor's note: Subsection (2) provided for the repeal of this section, effective February 15, 1990. (See L. 89, p. 965.) 22-2-119. Department of education - inquiries concerning prospective employees background investigation fee. (1) When an inquiry is made by a board of education of a school district pursuant to the provisions of section 22-32-109.7 (1) or (1.5), by the governing board of a nonpublic school pursuant to the provisions of section 22-1-121, by the governing board of a charter school pursuant to the provisions of section 22-30.5-110.5, or by the governing board of an institute charter school pursuant to the provisions of section 22-30.5-511.5, concerning a prospective or current employee, the department shall provide the following information concerning such person: (a) Whether according to the records of the department such person has been convicted of, has pled nolo contendere to, or has received a deferred sentence for: (I) A felony; or (II) A misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children; or (III) A misdemeanor crime, the underlying factual basis of which has been found by the court on the record to involve domestic violence, as defined in section 18-6-800.3 (1), C.R.S.; Colorado Revised Statutes 2019 Page 64 of 1211 Uncertified Printout (b) (I) Whether such person has been dismissed by, or has resigned from, a school district as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior, which was supported by a preponderance of the evidence according to information required to be provided to the department by the school district pursuant to the provisions of section 22-32-109.7 (3); (II) The department of education shall not disclose to any prospective employer any information reported to the department from a school district pursuant to section 22-32-109.7 (3) unless and until the department confirms that the allegation resulted in a finding of a confirmed report of child abuse or neglect. The department shall request a check of the records and reports of child abuse or neglect maintained by the state department of human services pursuant to the provisions of section 19-1-307 (2)(l), C.R.S. (III) If the department confirms that the allegation resulted in a finding of a confirmed report of child abuse or neglect and the report concerning such person is subsequently expunged pursuant to the provisions of section 19-3-313.5 (3)(f), C.R.S., such person may notify the department that the report has been expunged. If the department verifies that the report has been expunged, the department shall remove such information about the person from the files kept by the department. (b.5) Whether the person's educator license or certification has ever been denied, suspended, revoked, or annulled in this state or in another state, including but not limited to any information gained as a result of an inquiry by the department to a national teacher information clearinghouse; (c) If a holder of a license or authorization pursuant to the provisions of article 60.5 of this title, whether such person's certificate, letter of authorization, authorization, or license has ever been annulled, suspended, or revoked pursuant to the provisions of section 22-60-110 (2)(b) as said section existed prior to July 1, 1999, or pursuant to article 60.5 of this title following a conviction, a plea of nolo contendere, or a deferred sentence for a crime involving unlawful sexual behavior or unlawful behavior involving children. (2) Except for authorized inquiries made by boards of education, governing boards of nonpublic schools, governing boards of charter schools, or governing boards of institute charter schools, the department shall consider information held by the department to be confidential information and not subject to the provisions of part 2 of article 72 of title 24, C.R.S. Any person who releases such information in violation of this subsection (2) shall be subject to the penalties set forth in section 24-72-206, C.R.S.; except that any person who releases information received by the department concerning information contained in the records and reports of child abuse or neglect maintained by the state department of human services shall be deemed to have violated section 19-1-307 (4), C.R.S. (3) (a) When providing the information required in subsection (1) of this section, the department shall provide the information within the following timelines: (I) For information that the department possesses at the time of the request, the department shall provide the information no later than ten business days following the receipt of the inquiry; (II) For information that the department must obtain by a background check, the department shall provide the information no later than ten business days following the receipt of the information. Colorado Revised Statutes 2019 Page 65 of 1211 Uncertified Printout (b) If provisions of this subsection (3) increase the costs for the department and the department increases educator licensing fees to address the increased costs, the increase shall be no greater than necessary and shall be included in the department's annual budget request to the joint budget committee. (4) (a) A school district shall verify the results of a fingerprint-based criminal history record check performed for the department on a school employee or applicant, and the Colorado bureau of investigation shall share the information from the initial fingerprint-based criminal history record check with the requesting entity. (b) When the Colorado bureau of investigation provides the department with an update regarding a school employee who was previously subject to a fingerprint-based criminal history record check, the department shall provide that update to each school district and charter school in the state. Each school district and charter school shall cross-check its employee list with the provided update and take appropriate action, if necessary. (5) The department may collect a background investigation fee in responding to inquiries pursuant to this section submitted regarding a person who does not hold an educator license issued pursuant to article 60.5 of this title. The state board, by rule, shall establish the amount of the background investigation fee to generate an amount of revenue that approximates the direct and indirect costs incurred by the department in responding to inquiries pursuant to this section regarding unlicensed persons. The department shall transmit the fees collected pursuant to this section to the state treasurer who shall credit the fees to the educator licensure cash fund, created pursuant to section 22-60.5-112. Source: L. 90: Entire section added, p. 1028, § 17, effective July 1. L. 93: IP(1) amended, p. 611, § 1, effective April 30; (1)(b) amended, p. 634, § 2, effective July 1. L. 96: (1)(b)(II) amended, p. 1174, § 11, effective January 1, 1997. L. 99: IP(1) and (1)(a) amended, p. 1102, § 3, effective July 1. L. 2000: (1)(c) amended, p. 1849, § 40, effective August 2. L. 2003: IP(1)(a) and (1)(a)(II) amended and (1)(a)(III) added, p. 2515, § 4, effective June 5; (1)(b)(II), (1)(b)(III), and (2) amended, p. 1408, § 15, effective January 1, 2004. L. 2008: IP(1) and (2) amended and (1)(b.5) and (5) added, pp. 1659, 1660, §§ 1, 2, effective May 29; (3) and (4) added, p. 2224, § 1, effective June 5. Cross references: For the legislative declaration contained in the 2003 act amending subsections (1)(b)(II), (1)(b)(III), and (2), see section 1 of chapter 196, Session Laws of Colorado 2003. 22-2-119.3. Department of education - educator preparation program students criminal history record check - fee - definitions. (1) A student requesting a criminal history record check must submit to the Colorado bureau of investigation a complete set of his or her fingerprints taken by a qualified law enforcement agency, an authorized employee of the department and notarized, or any third party approved by the Colorado bureau of investigation. If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the student information for more than thirty days unless requested to do so by the student. The student shall submit the fingerprints for the purpose of obtaining a fingerprint-based criminal history record check through the Colorado bureau of investigation and Colorado Revised Statutes 2019 Page 66 of 1211 Uncertified Printout the federal bureau of investigation to determine whether the student has a criminal history. The student shall pay to the Colorado bureau of investigation the fee established by the bureau for conducting the criminal history record check. Upon completion of the criminal history record check, the bureau shall forward the results to the department. (2) On a form provided by the department, the student shall: (a) Certify, under penalty of perjury, either: (I) That he or she has never been convicted of committing any felony or misdemeanor, but not including any misdemeanor traffic offense or traffic infraction; or (II) That he or she has been convicted of committing any felony or misdemeanor, but not including any misdemeanor traffic offense or traffic infraction. Such certification shall specify such felony or misdemeanor for which convicted, the date of such conviction, and the court entering the judgment of conviction. (b) Furnish the following information to the department: (I) The educator preparation program in which the student is enrolled; (II) The school districts or charter schools in which the student has been placed for field experiences; and (III) Any other information required by the department to release the results of a criminal history record check pursuant to this section. (3) When the results of a fingerprint-based criminal history record check of a student performed pursuant to this section reveals a record of arrest without a disposition, the department shall perform a name-based criminal history record check of that student. (4) (a) Within seven days of receiving the results of a criminal history record check conducted pursuant to this section, the department shall provide the results of such criminal history record check, to the extent permitted by state or federal law or regulation, to the educator preparation program in which the student is enrolled and to any school district or charter school that has made an inquiry to the department concerning the results of a criminal history record check of a student who has been placed in the school district or charter school for field experiences. (b) The student shall provide, on a form approved by the department, additional school districts or charter schools in which the student has been placed for field experiences. (c) When the Colorado bureau of investigation provides the department with an update regarding a student who was previously subject to a fingerprint-based criminal history record check, the department shall provide that update to each education preparation program, school district, and charter school identified by the student as a school district or charter school in which the student has been placed for field experiences pursuant to this section. (5) The department may establish and collect a fee that is based on the department's actual costs associated with administration of this section. (6) For purposes of this section, unless the context otherwise requires: (a) "Charter school" means a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22 or a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22. (b) "Convicted" or "conviction" means a conviction by a jury verdict or by entry of a verdict or acceptance of a guilty plea by a court and also includes the forfeiture of any bail, bond, or other security deposited to secure the appearance by a person charged with having committed a felony or misdemeanor, the payment of a fine, a plea of nolo contendere, the Colorado Revised Statutes 2019 Page 67 of 1211 Uncertified Printout imposition of a deferred or suspended sentence by the court, or an agreement for a deferred prosecution approved by the court. (c) "Educator preparation program" means an approved educator preparation program as defined in section 23-1-121. (d) "Name-based criminal history record check" means a background check performed using judicial department records that includes an individual's conviction and final disposition of case records. (e) "Student" means a student enrolled in an educator preparation program who has been placed in a school district or charter school for a position that will provide field experiences to prepare the student to be a teacher or other school professional. Source: L. 2018: Entire section added, (SB 18-229), ch. 232, p. 1449, § 1, effective August 8. 22-2-119.5. Department of education - duty to report - convictions. (1) Upon receiving a report from a court pursuant to section 13-1-130, C.R.S., that a person has been convicted of, pled guilty or nolo contendere to, or received a deferred sentence for an offense specified in subsection (2) of this section, the department shall immediately report such fact to the school district that is the current employer or the last known employer of the person. (2) The provisions of this section shall apply to the following offenses: (a) A felony; (b) A misdemeanor offense specified in section 18-7-302 (2)(b), C.R.S., or part 4 of article 3, part 4 of article 6, or part 4 of article 7 of title 18, C.R.S., or any counterpart municipal law of this state; (c) A misdemeanor, the underlying factual basis of which has been found by the court on the record to involve domestic violence, as defined in section 18-6-800.3 (1), C.R.S. Source: L. 2003: Entire section added, p. 2515, § 5, effective June 5. 22-2-120. Department of education - study of optimum school size and the feasibility of school district reorganization. (Repealed) Source: L. 90: Entire section added, p. 1085, § 48, effective May 31. Editor's note: Subsection (2) provided for the repeal of this section, effective January 1, 1992. (See L. 90, p. 1085.) 22-2-121. Department of education - funding for national academic award winners. (Repealed) Source: L. 97: Entire section added, p. 1058, § 1, effective May 27. L. 2006: Entire section repealed, p. 596, § 5, effective August 7. 22-2-121.5. (Repealed) National academic contest fund - balance of moneys - transfer. Colorado Revised Statutes 2019 Page 68 of 1211 Uncertified Printout Source: L. 2011: Entire section added, (SB 11-218), ch. 151, p. 525, § 1, effective May 5. L. 2015: Entire section repealed, (SB 15-264), ch. 259, p. 953, § 43, effective August 5. 22-2-122. Grants to schools and school districts. (1) (a) In preparing the application forms to be submitted by school districts or public schools when applying for grant moneys, except as otherwise required by statute, the department shall not require information from public schools or school districts which has been previously submitted to the department; except that this prohibition shall not apply to annual updates of information sought by the department. (b) In preparing said application forms and in reviewing submitted applications, the department shall utilize a database of pertinent data previously received from, or otherwise obtained regarding, schools and school districts, so as to minimize the need to require schools and school districts to send duplicative information. (2) Whenever, as part of a grant program, the department or a school or school district is required to prepare an evaluation of the effectiveness of the services provided using the grant moneys, the department shall compile the evaluations and make such evaluations readily available to all schools and school districts upon request. Any costs associated with the compilation and availability of such reports shall be paid from the amount appropriated to the department for costs incurred in administering such grant programs. (3) (a) For each budget year, the department shall allocate to the boards of cooperative services established pursuant to article 5 of this title that provide a wide range of services described in section 22-5-118 to their member school districts, or school districts with student populations of less than four thousand students, an amount equal to one percent of the amount appropriated to all education grant programs for that fiscal year, or two hundred fifty thousand dollars, whichever is less. The amount allocated to the boards of cooperative services pursuant to this subsection (3) shall be taken from the amounts appropriated to all education grant programs. In the event the department allocates two hundred fifty thousand dollars, such amount shall be taken from each education grant program in the same proportion that the amount appropriated for that fiscal year to the education grant program bears to the total amount appropriated for that fiscal year to all education grant programs. (b) The department shall proportionately divide the moneys allocated pursuant to this subsection (3) among the boards of cooperative services described in paragraph (a) of this subsection (3) on a per school district basis, based on the total number of school districts that have student populations of less than four thousand students and are members of boards of cooperative services that shall receive moneys pursuant to this subsection (3). (c) The boards of cooperative services that receive moneys pursuant to this subsection (3) shall only use such moneys to assist member school districts and schools in applying for grants from education grant programs. One or more boards of cooperative services may use the moneys allocated pursuant to this subsection (3) jointly to provide services to member school districts from more than one board of cooperative services. Source: L. 2002: Entire section added, p. 326, § 1, effective August 7. L. 2003: (1)(a), (2), (3)(a), and (3)(c) amended, p. 2140, § 44, effective May 22. 22-2-123. Eligible facilities education task force - creation - membership - duties repeal. (Repealed) Colorado Revised Statutes 2019 Page 69 of 1211 Uncertified Printout Source: L. 2002: Entire section added, p. 907, § 2, effective July 1. L. 2003: (3) amended, p. 2006, § 81, effective May 22. Editor's note: Subsection (7) provided for the repeal of this section, effective January 1, 2004. (See L. 2002, p. 907.) 22-2-124. Family literacy education grant program - rules - repeal. (Repealed) Source: L. 2002: Entire section added, p. 814, § 2, effective May 30. L. 2003: (9) amended, p. 2166, § 1, effective June 3. L. 2006: (9)(b)(I) amended, p. 597, § 6, effective August 7; (2)(c)(I) amended, p. 1213, § 6, effective July 1, 2007. L. 2007: (7)(c) repealed, p. 756, § 3, effective May 10; (9)(a)(I) repealed, p. 1038, § 10, effective May 22; (9) amended, p. 1406, § 2, effective May 30. L. 2012: (2)(i)(XI) and (2)(i)(XII) amended, (HB 12-1120), ch. 27, p. 107, § 21, effective June 1. L. 2014: (10) added, (HB 14-1085), ch. 343, p. 1534, § 2, effective June 5. Editor's note: Subsection (10) provided for the repeal of this section, effective July 1, 2014. (See L. 2014, p. 1534.) 22-2-125. Loan program for capital improvements in growth school districts - use of public school fund. (1) For purposes of this section: (a) "Capital improvement" means: (I) The acquisition or purchase of buildings or grounds; (II) The enlargement, improvement, remodeling, repairing, or making of additions to any school building; (III) The construction or erection of school buildings; (IV) The equipping or furnishing of any school building, but only in conjunction with a construction project for a new building or for an addition to an existing building or in conjunction with a project for substantial remodeling, improvement, or repair of an existing building; or (V) The improvement of school grounds. (b) "Growth district" means any district whose supplemental pupil enrollment exceeded the district's pupil enrollment for the most recently completed budget year by a number greater than one percent of the district's pupil enrollment for that budget year or fifty pupils, whichever is less. (2) As authorized under the provisions of section 3 of article IX of the state constitution, the state treasurer may make loans to growth districts for the purpose of funding capital improvements. The procedures for the making of loans shall be determined by the state treasurer subject to the following: (a) No loan shall be authorized for any capital improvement that has not been approved by the state board in accordance with subsection (3) of this section. (b) No loan shall be authorized in an amount other than the amount determined by the state board unless the state board approves the change in the loan amount; except that the state board shall not authorize an amount of a loan for any growth district that exceeds ten percent of Colorado Revised Statutes 2019 Page 70 of 1211 Uncertified Printout the amount of the public school fund that the state treasurer has determined may be loaned out in accordance with subsection (5) of this section. (c) No loan shall be authorized unless the debt is approved by the voters of the growth district. (d) No loan shall be authorized unless the method for repayment of the loan is specified in the application. If the loan is to be repaid from a property tax mill levy, such levy must be approved at the same election that authorized the creation of the debt. (e) The loan shall be made as soon as possible upon approval of the loan by the state board. (3) (a) On and after January 1, 2003, a growth district may apply to the state board for a loan of public school fund moneys to be used by the growth district to pay for one or more capital improvements. The amount of the loan requested shall be an amount equal to the full cost of the capital improvement or a lesser amount that in combination with other financial resources of the growth district shall allow the capital improvement to be completed. The loan application shall be in a form prescribed by the state board and shall include: (I) A description of the capital improvement for which a loan is sought and a statement of the reasons why the capital improvement is necessary; (II) A timeline for completion of the capital improvement; (III) A building permit for the capital improvement, if applicable; (IV) A statement of the amount of the loan requested together with an estimate of the cost of the capital improvement prepared by a qualified builder or contractor. If the amount of the loan requested differs from the amount of the estimate of the cost of the capital improvement, the growth district shall also provide an explanation for the difference. (V) A plan for repaying the loan, including a proposed repayment schedule; (VI) A statement of the amount of moneys from other sources, if any, that the growth district intends to use to help defray the costs of the capital improvement; and (VII) Any additional information that the state board may reasonably require, by rules promulgated in accordance with article 4 of title 24, C.R.S., to help it determine whether or not to approve the loan application. (b) To ensure that a growth district applying for a loan can move forward with any capital improvements quickly or develop alternative financing strategies without undue delay, the state board shall approve or disapprove a loan application no later than forty-five days after the application is submitted. To ensure that loan applications can be processed efficiently, the state board may delegate the authority to approve loan applications to a designated employee of the department. The state board or its designee shall consider all of the information in an application before approving or disapproving the application and a growth district whose loan application is denied shall have no right to further review by the state board or its designee. (4) The state board shall establish a repayment schedule that shall require the growth district to make monthly payments on the loan and fully repay all moneys borrowed within ten years after the date a loan is made available pursuant to subsection (2) of this section. (5) The state treasurer shall determine the amount of the public school fund that may be loaned out pursuant to this section and the rate of interest to be charged on loans. The state treasurer shall charge interest on loans made at a rate designed to match the rate of interest derived from the deposit and investment of moneys in the public school fund. Payments of the principal of and interest on all loans shall be returned to the fund. Colorado Revised Statutes 2019 Page 71 of 1211 Uncertified Printout (6) The general assembly shall appropriate money from the general fund to restore moneys to the public school fund, together with interest, that are lost by reason of the failure of any school district to repay a loan made pursuant to this section. Source: L. 2002: Entire section added, p. 1742, § 15, effective June 7. Editor's note: This section was originally numbered as 22-2-122 in House Bill 02-1349 but has been renumbered on revision for ease of location. 22-2-126. On-line education programs - study - report - repeal. (Repealed) Source: L. 2002: Entire section added, p. 1781, § 46, effective June 7. Editor's note: Subsection (5) provided for the repeal of this section, effective January 1, 2003. (See L. 2002, p. 1781.) 22-2-127. Financial literacy - resource bank - technical assistance. (1) As used in this section, "financial literacy" means knowledge of personal finances that is sufficient to enable a person to manage savings, investment, and checking accounts, to design and maintain a household budget, to manage personal debt, to understand consumer credit and finance, to manage personal credit options, and to understand and select among short-term and long-term investment options. (2) The state board shall create and maintain a resource bank of materials pertaining to financial literacy. At a minimum, the resource bank shall include national model standards for financial literacy, model programs of instruction for financial literacy, model financial literacy curricula, and model materials for professional educator development in teaching financial literacy. The resource bank shall also include a list of the available mathematics and economics textbooks that contain substantive provisions on personal finance, including personal budgeting, credit, debt management, and similar personal finance topics. The state board shall ensure that the materials included in the resource bank represent the best practices in the teaching of financial literacy. The materials in the resource bank shall be available to school districts not later than March 15, 2005. (3) Upon the request of a school district or a charter school, the department shall provide technical assistance to the school district or charter school in designing a curriculum of financial literacy. (4) The department shall implement the provisions of this section to the fullest degree possible within existing resources. The department shall contract with one or more entities for the implementation of this section. (5) The general assembly hereby finds and declares that, for purposes of section 17 of article IX of the state constitution, creation of a resource bank of materials pertaining to financial literacy is an important element of an accountable program to meet state academic standards and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution. (6) The department is authorized to accept and expend any gifts, grants, or donations that may be available from any private or public sources for the implementation of this section. All Colorado Revised Statutes 2019 Page 72 of 1211 Uncertified Printout private and public funds received through gifts, grants, or donations pursuant to this subsection (6) shall be transmitted to the state treasurer, who shall credit the same to the financial literacy cash fund, which fund is hereby created and referred to in this subsection (6) as the "fund". The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs associated with the implementation of this section. Any moneys in the fund not expended for the purposes of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund. Source: L. 2004: Entire section added, p. 1773, § 1, effective June 4. L. 2011: (6) amended, (SB 11-218), ch. 151, p. 525, § 2, effective May 5. L. 2015: (6) amended, (SB 15264), ch. 259, p. 953, § 44, effective August 5. 22-2-127.5. Computer science programs - resource bank. (1) (a) The department shall create and maintain a publicly available resource bank of materials pertaining to computer science courses and programs. At a minimum, the resource bank must include sample academic content standards for computer science education, sample programs of instruction for computer science, samples of computer science learning resources, and sample materials for professional educator development in teaching computer science. The department shall ensure that the materials included in the resource bank represent the best practices in teaching computer science and shall seek input from experts in the area of computer science in creating and compiling the materials. (b) The department shall ensure that the resource bank is available for access by school districts, charter schools, boards of cooperative services, and the public by July 1, 2018. (c) The department shall implement the provisions of this section to the fullest degree possible within existing resources. The department may contract with one or more entities in implementing this section. (2) A school district, charter school, or board of cooperative services may choose whether to provide classes in computer science and whether to use the materials in the resource bank to provide those classes. (3) The resource bank may also identify existing resources and tools that provide opportunities for industry experts in computer science and technology to be paired with a teacher in the classroom to co-teach courses in computer science. The resource bank may also include a listing of schools and school districts that are interested in finding industry experts who wish to volunteer to co-teach computer science courses, and a listing of industry experts who are interested in volunteering to co-teach computer science courses. (4) The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. The department shall not create the resource bank pursuant to this section unless the department receives sufficient gifts, grants, or donations to implement this section. Source: L. 2017: Entire section added, (HB 17-1184), ch. 145, p. 487, § 3, effective August 9. Colorado Revised Statutes 2019 Page 73 of 1211 Uncertified Printout Cross references: For the legislative declaration in HB 17-1184, see section 1 of chapter 145, Session Laws of Colorado 2017. 22-2-127.7. Marijuana education materials - resource bank - technical assistance. (1) (a) The department, with assistance from the department of public health and environment, shall create and maintain a resource bank of evidence-based, research-based, and promising program materials and curricula pertaining to marijuana, which materials and curricula may be used in elementary and secondary schools in the state. In creating the resource bank and curricula, the department, with the marijuana educational oversight committee established pursuant to section 24-20-112 (4), shall solicit input from persons both inside and outside of the marijuana industry. Subject to available appropriations, the department shall solicit requests for information and may contract for: (I) The organization and enhancement of the resource bank, including materials on the prevention of marijuana use and education on medical and retail marijuana; (II) The development of marijuana curricula for schools and providing such curricula to schools; and (III) Training for educators and school staff concerning marijuana. (b) The resource bank created pursuant to subsection (1)(a) of this section may be known as the "Jack Splitt Memorial Marijuana Resource Bank". (2) On and after July 1, 2017, the department shall make material in the resource bank available without charge to school districts, charter schools, and boards of cooperative services. At the request of a school district, charter school, or board of cooperative services, the department shall provide technical assistance to the school district, charter school, or board of cooperative services in designing age-appropriate curricula pertaining to marijuana use. (3) After the resource bank and curricula are available, school districts, charter schools, and boards of cooperative services are encouraged to report to the department on the effectiveness of the resource bank and curricula and to recommend changes to improve the resource bank or curricula. The department is encouraged to update the resource bank and curricula based on recommendations from school districts, charter schools, and boards of cooperative services. Source: L. 2017: Entire section added, (SB 17-025), ch. 306, p. 1661, § 1, effective June 2. 22-2-127.9. Mental health education literacy - resource bank - technical assistance. (1) The department, with assistance from the office of suicide prevention created pursuant to section 25-1.5-101 (1)(w)(I), the Colorado youth advisory council created pursuant to section 22-1302, and the suicide prevention commission created pursuant to section 25-1.5-111, shall create and maintain a resource bank of evidence-based, research-based, and promising program materials and curricula pertaining to mental health, which materials and curricula may be used in elementary and secondary schools in the state. The resource bank and curricula must be youthfriendly, culturally sensitive, and available in both English and Spanish. In creating the resource bank and curricula, the department may provide internet links to resources and materials pertaining to mental health available from other entities that the department finds reliable. Additionally, the department shall solicit input from persons, including youth, within and outside Colorado Revised Statutes 2019 Page 74 of 1211 Uncertified Printout of the mental health profession, including both community and school mental health professionals. Subject to available appropriations, the department shall solicit requests for information and may contract for: (a) The organization and enhancement of the resource bank, including materials on the prevention of suicide and education on mental health; (b) The development of mental health curricula for schools and providing such curricula to schools; and (c) Training for educators and school staff concerning mental health. (2) On and after July 1, 2020, the department shall make material in the resource bank available without charge to school districts, charter schools, institute charter schools, boards of cooperative services, professional educators, parents or guardians of youth, students, and community providers. At the request of a school district, charter school, institute charter school, or board of cooperative services, the department shall provide technical assistance to the school district, charter school, institute charter school, or board of cooperative services in designing age-appropriate curricula pertaining to mental health. (3) The materials and resources available to students must be developed and updated with input from youth. (4) School districts, charter schools, institute charter schools, and boards of cooperative services are encouraged to report to the department on the effectiveness of the resource bank and curricula and to recommend changes to improve the resource bank or curricula. The department is encouraged to update the resource bank and curricula based on recommendations from school districts, charter schools, institute charter schools, boards of cooperative services, professional educators, parents or guardians of youth, students, and community providers. Source: L. 2019: Entire section added, (HB 19-1120), ch. 197, p. 2149, § 4, effective May 16. Cross references: For the legislative declaration in HB 19-1120, see section 1 of chapter 197, Session Laws of Colorado 2019. 22-2-128. Department of education - reciprocal agreements with adjacent states report. (1) The department shall, to the extent that each state that is adjacent to Colorado is agreeable, negotiate a reciprocal agreement with each such state to allow a child who is a resident of one state to attend a public school in the other state without paying tuition when the geographic conditions or distances are such that it would be impracticable for the child to attend the schools of his or her own state. (2) On or before January 31, 2007, the department shall submit to the education committees of the house of representatives and the senate, or any successor committees, a report that includes but need not be limited to a list of the states that are adjacent to Colorado that have entered into a reciprocal agreement with Colorado pursuant to subsection (1) of this section. Source: L. 2006: Entire section added, p. 662, § 5, effective April 28. 22-2-129. Department of education - approved supplemental education services providers - list. (1) As used in this section, unless the context otherwise requires, "supplemental Colorado Revised Statutes 2019 Page 75 of 1211 Uncertified Printout education services" means tutoring services and other academic enrichment services required to be provided to eligible students pursuant to 20 U.S.C. sec. 6316 (e) and that are provided to students in addition to the standard curriculum of instruction provided during the school day. (2) The department shall annually issue a request for proposals through which providers of supplemental education services may apply to the department to be included on the list of approved supplemental education services providers. The department shall review the applications and include on the list the applying providers that meet the criteria specified in subsection (3) of this section. The department shall annually post on its website the list of approved supplemental education services providers for use by school districts in selecting providers of supplemental education services to meet the requirements of 20 U.S.C. sec. 6316 (e). (3) To be included on the list of approved providers of supplemental education services, a provider shall: (a) Demonstrate that each tutor employed by the provider meets the requirements specified for paraprofessionals under 20 U.S.C. sec. 6319 (c); (b) Ensure that all personnel employed by the provider who interact with students comply with the fingerprinting and criminal history record check requirements specified for educator licensees in section 22-60.5-103; (c) In providing advertising and informational materials to parents and students, refrain from making any representations as to whether a school district shall pay all or any portion of the cost of the supplemental education services provided by the provider; and (d) Comply with any additional requirements specified by the department in the annual request for proposals. Source: L. 2007: Entire section added, p. 408, § 1, effective August 3. 22-2-130. Supplemental online education grant program - legislative declaration definitions - creation - eligibility - award - fund. (1) The general assembly finds that: (a) Online education courses that are supplemental to the education program provided by a school district, charter school, or BOCES are a valuable resource for schools because they allow a school district, charter school, or BOCES to provide a much richer, more varied curriculum of courses for students at all levels of achievement. Further, enrollment in such courses decreases the need for college remediation and helps prepare students to meet higher education admission guidelines. (b) Although small or rural school districts, charter schools, and BOCES may have the greatest need for supplemental online education, these school districts, charter schools, and BOCES may face financial or technical barriers when attempting to provide supplemental online education courses to their students. Often these barriers are conquerable but out of reach for these school districts, charter schools, and BOCES. (b.5) Educational programs provided for students in out-of-home placement or through day treatment facilities are generally small and have difficulty accessing resources or employing a large number of teachers. Supplemental online education courses are especially helpful and necessary for facility schools to enable them to provide a much wider variety of courses and to help their students meet graduation standards. Colorado Revised Statutes 2019 Page 76 of 1211 Uncertified Printout (c) It is therefore in the best interests of the state to help small or rural school districts, charter schools, BOCES, and facility schools provide supplemental online education courses to their students by allowing these school districts, charter schools, facility schools, and BOCES to apply for grants to help them overcome their financial and technical barriers. (2) As used in this section, unless the context otherwise requires: (a) "BOCES" means a board of cooperative services created pursuant to article 5 of this title, all member school districts of which are eligible school districts. (b) "Eligible charter school" means: (I) A charter school that is authorized by an eligible school district pursuant to part 1 of article 30.5 of this title and that does not operate an online program or as an online school; or (II) An institute charter school that is authorized pursuant to part 5 of article 30.5 of this title, that enrolls fewer than three thousand students, as determined by the institute charter school's pupil enrollment certified by the state charter school institute on behalf of the institute charter school to the state board pursuant to section 22-30.5-513 (3)(a), and that does not operate an online program or as an online school. (c) "Eligible school district" means a school district that does not export an online program or online school to students receiving the program at a location outside of the school district's geographic boundaries and that enrolls fewer than three thousand students, as determined by the school district's pupil enrollment certified to the state board pursuant to section 22-54-112. (c.5) "Facility school" means an approved facility school as defined in section 22-2-402 (1). (d) "Grant program" means the supplemental online education grant program created in subsection (3) of this section. (e) "Provider" means an entity that sells supplemental online education courses that are taught by employees of the provider who are teachers licensed in Colorado pursuant to article 60.5 of this title. (f) "Supplemental online education course" means an education course that is: (I) Taught by a teacher who is licensed pursuant to article 60.5 of this title; (II) Delivered via an internet format to one or more students at a location that is remote from the delivery point; and (III) Purchased by an eligible school district, eligible charter school, BOCES, or facility school from a provider to augment the education program provided by the eligible school district, eligible charter school, BOCES, or facility school. (3) There is hereby created the supplemental online education grant program to assist an eligible school district, an eligible charter school, a BOCES, or a facility school in providing supplemental online education courses to students. Subject to available appropriations, the state board shall award grants pursuant to this section to assist eligible school districts, eligible charter schools, BOCES, and facility schools in removing financial and technical barriers to providing supplemental online education courses. Grants awarded pursuant to this section shall be used for one or more of the following purposes: (a) As additional reimbursement for the cost of purchasing supplemental online education courses; or (b) To increase the eligible school district's, eligible charter school's, BOCES's, or facility school's ability to access supplemental online education courses by: Colorado Revised Statutes 2019 Page 77 of 1211 Uncertified Printout (I) Providing technical equipment or hiring technical specialists to audit and configure computer networks; (II) Providing staff development and training for on-site personnel; or (III) Providing financial assistance to help hire site coordinators or other personnel needed to facilitate online access. (4) An eligible school district, an eligible charter school, a BOCES, or a facility school may apply to the department, in accordance with the procedures and time frames adopted by rule of the state board pursuant to subsection (5) of this section, to receive moneys through the grant program. The department shall administer the grant program as provided in this section. (5) The state board shall promulgate rules specifying the procedures and time frames for applying for a grant, the form of the grant application, the information to be provided by the applicant, and any criteria for awarding grants that are in addition to those specified in paragraph (b) of subsection (6) of this section. (6) (a) The department shall review each grant application received pursuant to this section and shall make recommendations to the state board concerning whether the grant should be awarded and the amount of the grant. (b) In selecting grant recipients, the state board shall give priority to grant applications from eligible school districts, eligible charter schools, BOCES, or facility schools that have been financially or technologically unable to provide supplemental online education courses in the past and that demonstrate the greatest need for a grant to be able to begin providing supplemental online education courses. In addition, the state board shall consider: (I) The degree to which students enrolled in the eligible school district or eligible charter school, or in a school operated by a BOCES or in a facility school require supplemental online education courses to be able to meet the higher education admission standards adopted by the Colorado commission on higher education; and (II) Other revenue sources available to the eligible school district, eligible charter school, BOCES, or facility school to assist in overcoming the financial and technological barriers to providing supplemental online education programs. (c) A grant awarded pursuant to this section shall not exceed five thousand dollars in a fiscal year. An eligible school district, an eligible charter school, a BOCES, or a facility school may receive grants in consecutive years. (7) (a) The general assembly shall annually appropriate to the department of education, from federal mineral leasing revenues transferred to the state public school fund pursuant to section 34-63-102, C.R.S., and section 22-54-114 (1), an amount to be used for purposes of this section. (b) The department may expend up to two percent of the moneys annually appropriated for the grant program to offset the direct and indirect costs incurred in implementing the grant program pursuant to this section. (8) Repealed. Source: L. 2007: Entire section added, p. 1096, § 2, effective May 23. L. 2008: (1)(b.5) and (2)(c.5) added and (1)(c), (2)(f)(III), (3), (4), (6)(b), and (6)(c) amended, pp. 1382, 1383, §§ 5, 6, effective May 27. L. 2010: (8) repealed, (HB 10-1037), ch. 43, p. 169, § 1, effective March 29. L. 2012: (2)(b) and (2)(c) amended, (HB 12-1240), ch. 258, p. 1313, § 21, effective June 4. Colorado Revised Statutes 2019 Page 78 of 1211 Uncertified Printout 22-2-131. Data technology system - comprehensive review - requirements - report repeal. (Repealed) Source: L. 2007: Entire section added, p. 1056, § 2, effective July 1. Editor's note: Subsection (6) provided for the repeal of this section, effective July 1, 2008. (See L. 2007, p. 1056.) 22-2-132. Department of education - career and technical education authorization rules. (1) In accordance with the state plans for occupational education that the state board for community colleges and occupational education adopts pursuant to section 23-60-304, C.R.S., the department shall issue authorizations to teachers of occupational subjects, teacher-trainers, supervisors, directors, occupational counseling specialists, and others who have responsibilities in connection with occupational education at the secondary level. Before issuing an authorization pursuant to this section, the department shall determine that the person applying for the authorization meets the minimum qualifications that the state board for community colleges and occupational education establishes pursuant to section 23-60-304 (3)(a), C.R.S. A person who is required by law to obtain an educator license or authorization pursuant to article 60.5 of this title may obtain a career and technical education authorization pursuant to section 22-60.5-111 (9) rather than an authorization pursuant to this section. (2) (Deleted by amendment, L. 2015.) (3) The state board of education shall promulgate such rules as may be necessary to implement this section. At a minimum, the rules must establish the amount of and procedures for the department to collect a fee for issuing an authorization pursuant to this section and section 22-60.5-112. Source: L. 2008: Entire section added, p. 909, § 1, effective May 20. L. 2015: Entire section amended, (HB 15-1170), ch. 224, p. 823, § 4, effective May 26. 22-2-133. Assessment and identification of students with literacy challenges including dyslexia - training and technical assistance - collaboration with higher education - report. (1) On or before August 1, 2008, as part of its responsibility for education standards and practice, the department may make available technical assistance and training concerning issues faced by students with literacy challenges, including dyslexia, to school districts, administrative units as defined in section 22-20-103 (1), residential treatment facilities, correctional facilities, and other local education agencies throughout the state. The provision of any technical assistance and training pursuant to this subsection (1) shall not preclude the department from using federal funds to implement such technical assistance and training. Any technical assistance and training provided shall include, but need not be limited to, the areas of awareness, assessment, identification, and evidence-based progress monitoring, and shall include scientifically based interventions to address the needs of students with literacy challenges, including dyslexia. Any technical assistance and training provided shall represent a tiered continuum of intensity for intervention consistent with the response to intervention model that school districts are required to implement no later than August 15, 2009, pursuant to rules adopted by the department. Colorado Revised Statutes 2019 Page 79 of 1211 Uncertified Printout (2) The department is encouraged to coordinate any technical assistance and training provided with current best practices and work occurring in teacher preparation programs at institutions of higher education. Where appropriate, the department is encouraged to provide technical assistance and training to school districts, administrative units, residential treatment facilities, correctional facilities, and local education agencies in a coordinated effort with teacher preparation programs at institutions of higher education. The department and institutions of higher education are encouraged to work collaboratively to develop or affirm minimum standards for teacher preparation programs in the areas of literacy assessment and instructional skills, including dyslexia awareness, identification, and remediation for general and special education. (3) On or before January 30, 2009, and on or before January 30 each year thereafter, the department shall report to the state board of education and to the education committees of the house of representatives and the senate, or any successor committees, concerning the activities and status of any technical assistance and training made available pursuant to this section. (4) As used in this section, unless the context otherwise requires: (a) "Literacy challenge" means a situation where a student is experiencing difficulty in reading in phonemic awareness, phonics, vocabulary, fluency, or comprehension. (b) "Response to intervention" means a model for education developed pursuant to rules adopted pursuant to the "Exceptional Children's Educational Act", article 20 of this title, that promotes a well-integrated system connecting general, compensatory, gifted, and special education in providing high-quality, standards-based instruction and intervention that is matched to a student's academic, social-emotional, and behavioral needs. Source: L. 2008: Entire section added, p. 1418, § 1, effective August 5. L. 2011: (2) amended, (SB 11-245), ch. 201, p. 848, § 5, effective August 10. Cross references: For the legislative declaration in the 2011 act amending subsection (2), see section 1 of chapter 201, Session Laws of Colorado 2011. 22-2-134. Unique student identifier - early childhood education - rules. (1) On or before September 1, 2008, the commissioner, in cooperation with the executive director of the department of human services, shall convene a working group to review the issues pertaining to the assignment of a uniquely identifying student number to children who receive state-subsidized or federally subsidized early childhood education services, including but not limited to services provided through the child care development block grant and head start. In convening the working group, the commissioner and the executive director of the department of human services shall include representatives from the department of education and the department of human services and representatives of school districts and other interested stakeholders. (2) The working group shall adopt protocols by which the department of education, the department of human services, school districts, charter schools, and the early childhood councils, as described in part 1 of article 6.5 of title 26, shall cooperate in assigning the uniquely identifying student numbers. The working group shall also consider methods by which to encourage and facilitate the assignment of uniquely identifying student numbers to students who are receiving early childhood education services that are not subsidized by state or federal funding. Colorado Revised Statutes 2019 Page 80 of 1211 Uncertified Printout (3) On or before February 1, 2009, the commissioner shall report to the head of the office of information technology the findings and protocols adopted by the working group. The head of the office of information technology shall incorporate the findings and protocols of the working group into the report made to the governor and the state, veterans, and military affairs committees of the house of representatives and the senate, or any successor committees, pursuant to section 24-37.5-707, C.R.S. (4) Following adoption of the protocols, the state board of education shall promulgate rules pursuant to the "State Administrative Procedure Act", article 4 of title 24, C.R.S., as necessary for the assignment of uniquely identifying student numbers to students receiving early childhood education services. The state board shall collaborate with the state board of human services in promulgating rules as provided in this subsection (4) to ensure that they do not conflict with any rules promulgated by the state board of human services pursuant to section 266-121, C.R.S. (5) The general assembly declares that, for purposes of article IX of the state constitution, cooperation in assigning unique student identifiers to students who receive statesubsidized or federally subsidized early childhood education services is an important element in implementing accountability reporting and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution. Source: L. 2008: Entire section added, p. 783, § 2, effective August 5. L. 2014: (5) added, (HB 14-1298), ch. 244, p. 924, § 9, effective May 21. L. 2018: (2) amended, (HB 181141), ch. 59, p. 601, § 2, effective August 8. Cross references: For the legislative declaration in HB 18-1141, see section 1 of chapter 59, Session Laws of Colorado 2018. 22-2-134.5. Early childhood education programs - quality rating system - report. (1) The department of education, working with the department of human services, shall produce a jointly authored report concerning the status of implementing the quality rating and improvement system for school district and charter school early childhood education programs. The report must include, but need not be limited to: (a) The timeline for implementing the quality rating and improvement system with regard to school district and charter school early childhood education programs; and (b) The plan for coordinating the requirements of the quality rating improvement system with the other statutory requirements imposed on school districts and charter schools, including but not limited to requirements for educating children with disabilities as provided in article 20 of this title and federal law, requirements for implementing educator performance evaluations specified in article 9 of this title, and requirements that apply to the Colorado preschool program specified in article 28 of this title. (2) The department of education shall submit the report described in subsection (1) of this section at the hearing of the joint education committee of the house of representatives and the senate, or any successor committee, that is held in November or December of 2014, as required in section 2-7-203, C.R.S. Colorado Revised Statutes 2019 Page 81 of 1211 Uncertified Printout Source: L. 2014: Entire section added, (HB 14-1298), ch. 244, p. 923, § 7, effective May 21. 22-2-135. Food allergy and anaphylaxis management - rules. (1) This section shall be known and may be cited as the "Colorado School Children's Food Allergy and Anaphylaxis Management Act". (2) As used in this section, unless the context otherwise requires, "appropriate staff" means employees of a school whom the principal or equivalent executive in consultation with the school nurse of the school determines to be appropriate recipients of emergency anaphylaxis treatment training, which employees shall include, but need not be limited to, employees who are directly involved during the school day with a student who has a known food allergy. (3) (a) On or before January 1, 2010, the state board of education, in consultation with the department of public health and environment, shall promulgate rules for the management of food allergies and anaphylaxis among students enrolled in the public schools of the state. The rules shall include, but need not be limited to, the following: (I) Reasonable accommodations for communication between schools and emergency medical services, including instructions for emergency medical responders; (II) Reasonable accommodations to reduce the risk of students' exposure to agents that may cause anaphylaxis, including but not limited to exposure that may occur in classrooms, cafeterias, and common areas and during extracurricular activities, field trips, school-sponsored programs occurring before and after regular school hours, and other school-sponsored programs; (III) The provision of emergency anaphylaxis treatment training for appropriate staff to prepare them to respond appropriately in the event that a student suffers anaphylaxis as a result of an allergic reaction to food, which training shall include but need not be limited to training in the administration of self-injectable epinephrine; and (IV) Procedures to ensure the availability of a student's self-injectable epinephrine to faculty and administrative staff of the school in the event that a student suffers anaphylaxis and requires emergency medical treatment. (b) Prior to the beginning of each school year, each school district shall provide notice to a parent or legal guardian of each student enrolled in a school of the school district of the policy adopted by the school district pursuant to section 22-32-139. The notice shall include the standard form developed by the department of public health and environment pursuant to section 25-1.5-109, C.R.S., to allow the parent or legal guardian of a student with a known food allergy to provide the following information to the school's administration: (I) Documentation regarding the diagnosis and history of the student's food allergy; (II) Identification of all foods to which the student is known to be allergic; (III) Identification of any medication that has been prescribed for the student for the treatment of a food allergy or anaphylaxis; (IV) Any specific signs or symptoms that may indicate the student is having an allergic reaction to a food; (V) Emergency treatment procedures to employ in the event that the student suffers an allergic reaction to food; (VI) The names and telephone numbers of persons whom the administration of the student's school should contact in addition to emergency medical personnel in the event that the student suffers an allergic reaction to food; and Colorado Revised Statutes 2019 Page 82 of 1211 Uncertified Printout (VII) The name, telephone number, and signature of the student's primary health care provider. (c) The notice required by paragraph (b) of this subsection (3) shall include language that encourages parents and legal guardians of students for whom medication has been prescribed for treatment of a food allergy or anaphylaxis to give to the school nurse or other administrator of the student's school a supply of the medication. Source: L. 2009: Entire section added, (SB 09-226), ch. 245, p. 1103, § 2, effective August 5. L. 2011: (3)(c) amended, (SB 11-012), ch. 62, p. 163, § 3, effective March 25. Cross references: For the legislative declaration contained in the 2009 act adding this section, see section 1 of chapter 245, Session Laws of Colorado 2009. 22-2-136. Additional duty - state board - individual career and academic plans standards - rules. (1) On or before February 1, 2010, the state board shall promulgate rules pursuant to the "State Administrative Procedure Act", article 4 of title 24, C.R.S., to establish standards for individual career and academic plans for students enrolled in the public schools in the state. An individual career and academic plan shall be designed to assist a student and his or her parent or legal guardian in exploring the postsecondary career and educational opportunities available to the student, aligning course work and curriculum, applying to postsecondary education institutions, securing financial aid, and ultimately entering the workforce. (2) In establishing the standards for individual career and academic plans, the state board shall ensure, at a minimum, that: (a) Each individual career and academic plan includes a career planning and guidance component and a portfolio that reflects, at a minimum: (I) The student's efforts in exploring careers, including interest surveys that the student completes; (II) The student's academic progress, including the courses taken, any remediation or credit recovery, and any concurrent enrollment credits earned; (III) For school districts and charter schools that choose to administer the developmental education placement or assessment tests, the student's scores on the developmental education placement or assessment tests administered pursuant to section 22-30.5-117, 22-30.5-526, or 2232-109.5 (4), any intervention plan created for the student pursuant to those sections, and the student's progress in meeting the intervention plan; (IV) The student's progress in visual arts and performing arts courses; (V) The student's experiences in contextual and service learning; (VI) The student's college applications and resume, as they are prepared and submitted; and (VII) The student's postsecondary studies as the student progresses; (b) Each individual career and academic plan is accessible to educators, students, and parents; and (c) Each public school, in assisting students and parents in creating and maintaining the individual career and academic plans, is in compliance with the requirements of the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g. Colorado Revised Statutes 2019 Page 83 of 1211 Uncertified Printout Source: L. 2009: Entire section added, (SB 09-256), ch. 294, p. 1557, § 17, effective May 21. L. 2010: (2)(a)(II.5) added, (HB 10-1273), ch. 233, p. 1021, § 4, effective May 18. L. 2012: (2)(a) amended, (HB 12-1345), ch. 188, p. 728, § 17, effective May 19. L. 2019: (2)(a)(III) amended, (HB 19-1206), ch. 133, p. 599, § 5, effective April 25. Cross references: For the legislative declaration in the 2010 act adding subsection (2)(a)(II.5), see section 1 of chapter 233, Session Laws of Colorado 2010. For the legislative declaration in the 2012 act amending subsection (2)(a), see section 11 of chapter 188, Session Laws of Colorado 2012. For the legislative declaration in HB 19-1206, see section 1 of chapter 133, Session Laws of Colorado 2019. 22-2-137. State schools - legislative declaration - feasibility study - authority to contract - funding. (1) The general assembly finds that some states have created state and residential schools to provide educational programs and student support services for students who are at risk of academic failure. The general assembly further finds that early reports of results achieved by some of these schools indicate that this may be a promising approach to reducing the dropout rate, closing the achievement gaps, and helping to raise the level of academic achievement among students in the state. The general assembly therefore finds that it is appropriate for the commissioner to study the feasibility of creating one or more state schools in Colorado, which may include a residential component or a specific student population. (2) Beginning in July 2009, the commissioner shall study the feasibility of operating one or more state schools to serve students who are in need of greater academic support and who may be at risk of academic failure. At a minimum, the feasibility study shall address and make recommendations concerning the following issues: (a) The goals that a state school would be designed to achieve and a method for measuring the level of achievement of those goals. In addressing this issue, the commissioner shall provide an overview of the state and residential schools operating in other states, the goals that they are designed to achieve, and the degree to which they have achieved or are achieving those goals. (b) The appropriate student population to be served by a state school and the manner of selecting students, the number of state schools that should be considered, and appropriate locations for state schools; (c) The governance structure and funding for a state school, including the optimal level of per pupil funding, funding for capital construction needs, and potential public and private funding sources; (d) The appropriate curriculum for a state school, including which grade levels a state school would serve, the length of the school day and school year for which a state school would operate, and whether a state school should include a focus on specific subject matter areas; and (e) The types of student and family support services that a state school would provide, including the manner in which a state school would collaborate with state and local agencies in providing these services. (3) On or before February 1, 2010, the department shall submit to the education committees of the house of representatives and the senate the feasibility study described in subsection (2) of this section for operating one or more state schools and any legislative Colorado Revised Statutes 2019 Page 84 of 1211 Uncertified Printout recommendations the department may have pertaining to the creation of one or more state schools. (4) (a) Following completion of the feasibility study, if the commissioner concludes that the creation and operation of state residential schools would be beneficial to the state, the commissioner may contract for the creation and operation of one or more state residential schools to provide educational services to students who are at risk of academic failure. Any state residential school operated pursuant to this section shall provide an educational program focused on mathematics and science. (b) If the commissioner does not contract for state residential schools as authorized in paragraph (a) of this subsection (4), the commissioner may provide technical assistance to school districts and public schools to address the needs of students who are at risk of academic failure by improving the availability and quality of secondary-level mathematics and science curricula. (5) (a) It is the intent of the general assembly that up to three million dollars be appropriated to the commissioner to expend for the implementation of subsection (4) of this section. The general assembly finds that, for purposes of section 17 of article IX of the state constitution, the creation of state residential schools and the provision of technical assistance to improve secondary-level mathematics and science curricula as provided in subsection (4) of this section are important elements of accountable programs to meet state academic standards, and the general assembly may therefore appropriate moneys from the state education fund created in section 17 (4) of article IX of the state constitution for the implementation of subsection (4) of this section. (b) In addition to the funding provided pursuant to paragraph (a) of this subsection (5), if the commissioner contracts for the creation and operation of one or more state residential schools, the department shall provide funding for said schools by withholding moneys from the state share of total program funding payable to the district of residence of each student who enrolls in a state residential school. The amount withheld shall be equal to the amount of the school district's per pupil revenue for the applicable budget year multiplied by the number of students who reside in the school district and are enrolled in the state residential school as of the pupil enrollment count day of the applicable budget year. A student who enrolls in a state residential school shall be counted in the pupil enrollment of the student's school district of residence for purposes of this paragraph (b). The department shall adopt guidelines as necessary for the implementation of this paragraph (b). (c) The commissioner is encouraged to apply federal moneys received pursuant to the federal "American Recovery and Reinvestment Act of 2009", Pub.L. 111-5, to the extent allowed to offset the costs incurred in implementing this section. The commissioner is authorized to seek and accept additional public or private gifts, grants, or donations for the implementation of this section. Source: L. 2009: Entire section added, (SB 09-256), ch. 294, p. 1561, § 24, effective May 21. L. 2012: (5)(b) amended, (HB 12-1090), ch. 44, p. 150, § 3, effective March 22. 22-2-138. State environmental education plan - fund created. (1) Subject to the provisions of subsection (3) of this section, the department, in consultation with the department of natural resources, shall develop and the state board shall adopt a state plan for environmental education. At a minimum, the state plan for environmental education shall address strengthening Colorado Revised Statutes 2019 Page 85 of 1211 Uncertified Printout the reach and coordination of environmental education in public schools and providing to educators professional development in environmental education. The department shall ensure that the state plan for environmental education complies with any requirements imposed by federal law or by regulations adopted by the federal department of education. (2) (a) The department is authorized to seek, accept, and expend public or private gifts, grants, or donations for the implementation of this section; except that the department may not accept a gift, grant, or donation for the implementation of this section that is subject to conditions that are inconsistent with this section or any other law of the state. The department shall transmit all private and public moneys received through gifts, grants, or donations to the state treasurer, who shall credit the same to the state environmental education fund, which fund is hereby created and referred to in this section as the "fund". The moneys in the fund are continuously appropriated to the department for the direct and indirect costs associated with implementing this section. (b) Any moneys in the fund not expended for the purpose of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund. (3) The department shall implement the provisions of subsection (1) of this section only if the department receives public or private gifts, grants, or donations in an amount it deems sufficient to offset the costs incurred in creating and adopting the state plan for environmental education. Source: L. 2010: Entire section added, (HB 10-1131), ch. 332, p. 1532, § 4, effective May 27. Cross references: For the legislative declaration in the 2010 act adding this section, see section 1 of chapter 332, Session Laws of Colorado 2010. 22-2-139. Memorandum of understanding - notification of risk - rules. (1) On or before July 1, 2011, the state department of human services and the department of education shall enter into a memorandum of understanding concerning the enrollment of students in the public school system from a state-licensed day treatment facility, facility school, or hospital licensed or certified pursuant to section 25-3-101. The memorandum of understanding must include, but need not be limited to: (a) A consistent and uniform approach to notification and appropriate and allowable data-sharing about students, including but not limited to medical, mental health, sociological, and scholastic achievement, within the limits of state and federal privacy and confidentiality law, between school districts, charter schools, institute charter schools, and county departments of human or social services for the purposes of collaboration in the placement of students pursuant to this section and section 22-20-108, better facilitation of the creation of transition plans for students, and ensuring the safety of the people in the school community; (b) A plan for utilizing existing state and federal data and any existing informationsharing activities; Colorado Revised Statutes 2019 Page 86 of 1211 Uncertified Printout (c) A plan for determining accountability and collecting data concerning the implementation of the notifications and invitation required pursuant to this section and a mechanism by which school districts and the state charter school institute shall report the aggregate data to the department of human services and department of education on or before February 15, 2012, and on or before February 15 each year thereafter. The data to report shall include, but need not be limited to: (I) The number of placements occurring in a school year; (II) The number of emergency placements occurring in a school year; (III) The types of placements from which the students are transitioning; (IV) The educational setting into which the student is being placed; and (V) Demographic information of students, including but not limited to age, race, gender, and ethnicity; (d) A process for determining information sharing and collaboration for placement of students pursuant to sections 22-20-108 and 26-1-138, C.R.S.; (e) Recommendations for an approach to sharing data that conforms with the interdepartmental data protocol established pursuant to section 24-37.5-704, C.R.S., and that is in compliance with all state and federal laws, rules, and regulations concerning the privacy of information; (f) Identification of training and professional development needs associated with implementing information sharing between responsible entities and funding sources that could be utilized for this purpose; and (g) Consideration of recommendations made by existing working groups or projects that have been involved with information sharing or technology relating to information sharing among multiple entities as it relates to students transitioning back into public schools. A report of these recommendations shall be provided to the department of human services, the state board of human services, the department of education, and the state board of education prior to the final adoption of the memorandum of understanding. (2) Beginning August 15, 2010, a state-licensed day treatment facility, facility school, or hospital licensed or certified pursuant to section 25-3-101, C.R.S., that is transferring a student to a public school shall notify the appropriate school district child welfare education liaison, designated pursuant to section 22-32-138 (2)(a), of the pending enrollment in a public school of a student who: (a) Is transferring to a public school from a state-licensed day treatment facility licensed by the department of human services pursuant to section 26-6-104, C.R.S., facility school as defined in section 22-2-402 (1), or hospital, licensed or certified pursuant to section 25-3-101, C.R.S.; and (b) Has been determined by the state-licensed day treatment facility, the facility school, the hospital licensed or certified pursuant to section 25-3-101, C.R.S., or the court to be a risk to himself or herself or the community within the twelve months prior to the proposed transfer. (3) This section only applies to a hospital licensed or certified pursuant to section 25-3301 that is providing inpatient acute care or psychiatric services for a student for more than ten days and if there is actual knowledge that the student will attend an identified public school within sixty days after discharge from the hospital. For purposes of this subsection (3), information shared with the state department of human services, county department of human or social services, or child education welfare liaison must be shared only for a student who has been Colorado Revised Statutes 2019 Page 87 of 1211 Uncertified Printout deemed to be a risk to himself or herself or the community within the twelve months prior to discharge. (4) The notification required in subsection (2) of this section must be made at least ten calendar days prior to the student's transition from the state-licensed day treatment facility, facility school, or hospital licensed or certified pursuant to section 25-3-101, and subsequent enrollment in a public school and must include an invitation to the child welfare education liaison, or his or her designee, to participate in the development of a transition plan for the student. The information provided to the child welfare education liaison must include, but need not be limited to, the transitioning student's educational records from the transferring educational facility and an outline of the student's transitional needs to be successful in the public school setting, which information would assist the school district in meeting the student's needs and ensuring a successful transition. If the transitioning student is in the custody of the state department of human services or a county department of human or social services, the statelicensed day treatment facility, facility school, or hospital licensed or certified pursuant to section 25-3-101 shall also provide the notification to the state department of human services. (5) If a change of placement is required for the safety of the student or if a court, the state department of human services, or a county department of human or social services makes a placement change with fewer than ten calendar days notice, the responsible state or county department of human services or social services shall provide information to the child welfare education liaison, designated pursuant to section 22-32-138 (2)(a), of the receiving school district, charter school, or institute charter school within five calendar days following the student's placement. The information provided to the child welfare education liaison must include, but need not be limited to, the transitioning student's educational records from the transferring educational facility and an outline of the student's transitional needs to be successful in the public school setting, which information would assist the district in meeting the student's needs and ensuring a successful transition. (6) The responsible county department of human or social services and the receiving school district, charter school, or institute charter school shall cooperate to ensure that an appropriate placement including educational services is made pursuant to this section and sections 19-1-115.5, 22-20-108, and 22-32-138, as applicable. (7) Within the confidentiality and privacy limits of state and federal law, the responsible county department of human or social services or the school district, charter school, institute charter school, or facility school shall provide information about the student to assist the receiving entity in determining an appropriate educational placement for the student. (8) Nothing in this section alters the rights and obligations of the department of education, the state department of human services, a county department of human or social services, or a school district, as such rights and obligations are set forth in this title 22; 20 U.S.C. sec. 1400 et seq.; 29 U.S.C. sec. 701 et seq.; 42 U.S.C. sec. 11431 et seq.; and 42 U.S.C. sec. 675, as amended by the federal "Fostering Connections to Success and Increasing Adoptions Act of 2008", Pub.L. 110-351. (9) The state board of education may promulgate rules pursuant to the "State Administrative Procedure Act", article 4 of title 24, C.R.S., concerning the implementation of this section, including but not limited to rules regarding notification and sharing of information as described in subsection (1) of this section. Colorado Revised Statutes 2019 Page 88 of 1211 Uncertified Printout Source: L. 2010: Entire section added, (HB 10-1274), ch. 271, p. 1245, § 2, effective May 25. L. 2016: (2)(a) amended, (SB 16-189), ch. 210, p. 761, § 33, effective June 6. L. 2018: IP(1), (1)(a), and (3) to (8) amended, (SB 18-092), ch. 38, p. 434, § 84, effective August 8. Cross references: For the legislative declaration in the 2010 act adding this section, see section 1 of chapter 271, Session Laws of Colorado 2010. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 22-2-140. Digital learning study - legislative declaration - definitions - notice of funding through gifts, grants, and donations - repeal. (Repealed) Source: L. 2012: Entire section added, (HB 12-1124), ch. 211, p. 909, § 1, effective May 24. Editor's note: Subsection (7) provided for the repeal of this section, effective July 1, 2013. (See L. 2012, p. 909.) 22-2-141. Early literacy assessment tool - request for proposals - software hardware - training - distribution - legislative declaration. (1) (a) By October 1, 2012, the department shall issue a request for proposals for the purchase of an early literacy assessment tool that teachers may use to obtain real-time assessments of the reading skill levels of students enrolled in kindergarten and first, second, and third grades and, based on the assessment results, generate intervention plans and materials. (b) At a minimum, the request for proposals shall include the purchase of: (I) Software that, at a minimum: (A) Provides individualized assessments with immediate results; (B) Stores and analyzes assessments results, recommends activities that are aligned with the assessment results, and assists in tracking student performance and identifying strategies to improve student performance; (C) Provides student grouping recommendations based on the assessment scores and provides proposed lesson plans on a short-term cycle; and (D) Assists in generating and populating individualized plans to improve students' reading skills; and (II) Training in using the software for teachers or other personnel selected by each local education provider. (c) The request for proposals shall include the purchase of a sufficient number of software licenses for each local education provider in the state to use the early literacy assessment tool in all of its kindergarten and first-, second-, and third-grade classes; except that the department may draft the contract to phase in the requirements of this paragraph (c) over multiple budget years based on available appropriations. (2) The department shall select from among the responses received and enter into a contract for the purchase of software licenses and training no later than March 1, 2013. In negotiating the terms of the contract, the department shall include performance measures, which may include student outcomes, as conditions affecting the amounts payable under the contract. Colorado Revised Statutes 2019 Page 89 of 1211 Uncertified Printout (3) (a) As soon as practicable after entering into the contract, the department shall notify the local education providers and provide information explaining: (I) The software licenses purchased; (II) The availability of training in the use of the software including dates, times, and locations; and (III) The procedures and timelines by which each local education provider may apply to receive the software licenses and training to implement the early literacy assessment tool. (b) Based on the level of available appropriations, the department shall select the local education providers who will receive the early literacy assessment tool, including the training, from among those that apply. In selecting among the applicants, the department shall: (I) Select local education providers from various regions of the state and of varying student population size; (II) Give preference to local education providers with the highest percentages of kindergarten and first-, second-, and third-grade students who are below grade level expectations in reading; and (III) Give preference to local education providers with the highest percentages of schools that are eligible to receive moneys under Title I of the federal "Elementary and Secondary Education Act of 1965", 20 U.S.C. sec. 6301 et seq. (c) A local education provider that is selected to receive the early literacy assessment tool in one budget year is not required to reapply in subsequent budget years. The department shall, to the extent possible within available appropriations, annually increase the number of local education providers that receive the early literacy assessment tool. (d) The department may choose to provide the early literacy assessment tool only to those schools of a selected school district that are eligible to receive moneys under Title I of the federal "Elementary and Secondary Education Act of 1965", 20 U.S.C. sec. 6301 et seq. (4) During the 2014 regular legislative session and during the 2016 regular legislative session, the department shall submit to the governor's office, the joint budget committee, and the education committees of the house of representatives and the senate, or any successor committees, a report that includes, but need not be limited to, the following information: (a) The percentage of students enrolled in kindergarten and first, second, and third grades throughout the state that are receiving services using the early literacy assessment tool; (b) The local education providers that have received the early literacy assessment tool; (c) The improvements, if any, in the reading skill levels of students who received or are receiving services using the early literacy assessment tool; and (d) The amount of appropriations required to purchase an adequate number of software licenses to enable the local education providers in the state to use the early literacy assessment tool in all of the kindergarten and first-, second-, and third-grade classes in the state. (5) As used in this section, "local education provider" means a school district; a charter school that enrolls students in kindergarten and first, second, and third grades; and a public school operated by a board of cooperative services that enrolls students in kindergarten and first, second, and third grades. (6) The general assembly finds and declares that, for purposes of section 17 of article IX of the state constitution, purchasing an early literacy assessment tool as described in this section for the use of local education providers is an important element of accountable education reform Colorado Revised Statutes 2019 Page 90 of 1211 Uncertified Printout and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution. Source: L. 2012: Entire section added, (HB 12-1345), ch. 188, p. 719, § 7, effective May 19. 22-2-142. (Reserved) 22-2-143. Discipline strategies pilot program - created - reporting - rules definitions - legislative declaration - repeal. (1) The general assembly finds that: (a) Research demonstrates that young children who are suspended or expelled from school are up to ten times more likely to experience academic failure and grade retention and to hold negative attitudes toward school than those children who are not suspended or expelled. Young children who are suspended or expelled from school are also more likely to drop out of high school and to be incarcerated later in life. (b) Lack of training to deal with behavioral issues in the classroom contributes to education dissatisfaction and burnout, which increases the number of educators who leave the profession. Providing additional training and support in dealing with student discipline issues may help school districts and schools retain experienced educators. (c) To reduce the incidence of exclusionary discipline among students, especially those enrolled in preschool through third grade, teachers and administrators should receive training and support in using culturally responsive methods of discipline with young students and in implementing developmentally appropriate responses to the behavioral issues of young students. (2) As used in this section, unless the context otherwise requires: (a) "Board of cooperative services" means a regional educational service unit created pursuant to article 5 of this title 22. (b) "Charter school" means a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22 or a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22. (c) "Culturally responsive methods" means methods that use the cultural knowledge, experiences, social and emotional learning needs, and performance styles of diverse students to ensure that classroom management strategies and research-based alternatives to exclusionary discipline are appropriate and effective for students. (d) "Exclusionary discipline methods" means in-school suspension, out-of-school suspension, expulsion, school-based arrests, school-based referrals to the juvenile justice system, and voluntary or involuntary placement in an alternative education program. (e) "Pilot program" means the discipline strategies pilot program created in subsection (3) of this section. (3) (a) There is created in the department the discipline strategies pilot program to provide money to school districts, groups of school districts, boards of cooperative services, and charter schools for professional development for teachers and principals concerning the use of culturally responsive methods of student discipline in preschool through third grade and developmentally appropriate responses to the behavioral issues of students enrolled in preschool through third grade, including students with disabilities. The intent of the pilot program is to provide professional development for educators to assist them in reducing the use of Colorado Revised Statutes 2019 Page 91 of 1211 Uncertified Printout exclusionary discipline methods in public schools, especially with regard to students enrolled in preschool through third grade and students with disabilities. The department is required to implement the pilot program only to the extent that it receives sufficient money through gifts, grants, and donations as provided in subsection (7) of this section. (b) The state board shall promulgate rules as provided in the "State Administrative Procedure Act", article 4 of title 24, as necessary, to implement the pilot program. (4) A school district, group of school districts, board of cooperative services, or charter school may apply to the department to receive a grant through the pilot program. An application must include: (a) The number of teachers and principals to whom the applicant will provide professional development in using culturally responsive methods of student discipline in preschool through third grade and developmentally appropriate responses to the behavioral issues of students enrolled in preschool through third grade and the number and grade levels of students served by those teachers and principals; (b) The professional development programs that the applicant expects to provide with the grant money; (c) The other resources available to the applicant to provide the professional development; (d) The aggregate number and type of disciplinary incidents occurring in preschool, kindergarten, and grades one through three in the schools operated by the applicant in the preceding three school years and the types of disciplinary responses and strategies used; (e) The applicant's agreement to provide to the department the information necessary for the department to create the report described in subsection (6) of this section for each school year in which the applicant receives a grant; and (f) Any additional information required by rule of the state board. (5) The department shall review the applications received pursuant to subsection (4) of this section and recommend to the state board which applicants should receive grants through the pilot program and the amount of each grant. The state board, taking into consideration the department's recommendations, shall award the grants, subject to available funding. In making recommendations and awarding grants, the department and the state board shall, to the extent practicable, award a grant to at least one school district, board of cooperative services, or charter school located in a rural area and shall consider: (a) The level of financial need that an applicant demonstrates; (b) The quality of the professional development grant programs that the applicant expects to provide with the grant money; (c) The student demographics of the schools operated by the applicant and the use of exclusionary discipline methods in the preceding three school years by educators employed by the applicant; and (d) Any additional criteria adopted by rule of the state board. (6) (a) For each school year in which the state board awards grants through the pilot program, the department shall prepare a report concerning implementation of the pilot program. At a minimum, the report must include: (I) The number of school districts, boards of cooperative services, and charter schools that received grants through the pilot program and the amount of each grant; Colorado Revised Statutes 2019 Page 92 of 1211 Uncertified Printout (II) The types of professional development that grant recipients provided to teachers and principals; (III) For the schools operated by the grant recipients, a comparison of the following strategies, policies, or data before and after educators participated in the professional development programming provided with the grant money: (A) Disciplinary strategies or policies; (B) For preschool, kindergarten, and grades one through three, the aggregate number and types of disciplinary incidents, aggregate information concerning the types of disciplinary responses to incidents, and aggregate information concerning the changes in disciplinary responses used before and after the training; (C) Attendance and truancy rates; and (D) Indicators of teacher satisfaction; and (IV) Any other nonpersonally identifying data requested by the department that indicates whether the pilot program is successful in reducing the use of exclusionary discipline methods in public schools. (b) By April 15, 2018, and by April 15 each year thereafter, the department shall submit the report to the state board, the joint budget committee, and the education committees of the house of representatives and the senate, or any successor committees. (7) The pilot program is not eligible to receive state appropriations and must be funded solely through gifts, grants, or donations. The department may accept and expend gifts, grants, or donations from private or public sources for the purposes of the pilot program. Notwithstanding any provision of this section to the contrary, the department and the state board are not required to implement the pilot program, including promulgating rules and preparing the report described in subsection (6) of this section, in a budget year if the department does not receive at least three hundred thousand dollars in gifts, grants, or donations for the pilot program for that budget year. (8) This section is repealed, effective July 1, 2020. Source: L. 2017: Entire section added, (HB 17-1211), ch. 204, p. 755, § 1, effective May 18. 22-2-144. Bullying prevention and education policies - short title - study. (1) The short title of this section is "Ashawnty's Law". (2) (a) The department shall research approaches, policies, and practices related to bullying prevention and education used by education providers in other states. On or before July 1, 2019, after consideration of the research conducted pursuant to this subsection (2)(a), the department, in consultation with the school safety resource center created in section 24-33.51803, shall develop a model bullying prevention and education policy. The research and model policy described in this subsection (2)(a) must be updated every three years. (b) On or before July 1, 2019, and every three years thereafter, the department shall publish the results of the research and model policy required by subsection (2)(a) of this section on its website as guidance for school districts, charter schools, and the charter school institute to consider when developing and implementing bullying prevention and education policies. Source: L. 2018: Entire section added, (SB 18-151), ch. 140, p. 915, § 1, effective August 8. Colorado Revised Statutes 2019 Page 93 of 1211 Uncertified Printout 22-2-145. Media literacy - committee - report - strategic plan - definition - repeal. (1) For purposes of this section, unless the context otherwise requires, "media literacy" means the: (a) Ability to access, analyze, evaluate, create, and act through the various forms of media; (b) Ability to analyze the reliability of information, claims, and sources presented in the various forms of media; and (c) Practice of digital citizenship, including norms of appropriate and responsible behavior and discourse when engaging with media, and the prevention of cyberbullying. (2) (a) There is created in the department of education the media literacy advisory committee, referred to in this section as the "committee". The committee shall create a report containing recommendations and best practices for implementing media literacy into elementary and secondary education. The report must include, but is not limited to: (I) Recommended revisions to state education standards for reading, writing, and civics, pursuant to section 22-7-1005 (2)(a), to implement media literacy in elementary and secondary education; (II) Recommended materials and resources for teachers to adopt for media literacy instruction; (III) Recommended legislation or rules to implement media literacy in elementary and secondary education; (IV) Best practices for school districts to develop policies and procedures regarding media literacy; (V) Strategies to support school districts implementing the best practices and recommendations developed by the committee; and (VI) Recommended opportunities to recognize students and teachers who demonstrate excellence in media literacy. (b) The commissioner of education shall appoint the following members to serve on the committee no later than July 15, 2019: (I) One member who is an academic expert in media literacy; (II) One member who is a teacher in a rural school district or a small rural school district, as defined in section 22-7-1211 (4), and holds an initial or professional teacher's license pursuant to article 60.5 of this title 22; (III) One member who is a teacher in a school district that is not a rural school district or a small rural school district, as defined in section 22-7-1211 (4), and holds an initial or professional teacher's license pursuant to article 60.5 of this title 22; (IV) One member who is a librarian and is a member of a professional association of librarians; (V) One member who is a school administrator in a rural school district or a small rural school district, as defined in section 22-7-1211 (4), and is a member of a professional association of school administrators; (VI) One member who is a school administrator in a school district that is not a rural school district or a small school district, as defined in section 22-7-1211 (4), and is a member of a professional association of school administrators; (VII) One member who is a parent or legal guardian of a student who attends a public school and is a member of a parent organization; Colorado Revised Statutes 2019 Page 94 of 1211 Uncertified Printout (VIII) One member who is a student in a rural school district or a small rural school district, as defined in section 22-7-1211 (4); (IX) One member who is a student in a school district that is not a rural school district or a small school district, as defined in section 22-7-1211 (4); (X) One member who represents a nonprofit organization specializing in media literacy; (XI) One member who represents a nonprofit organization specializing in journalism; (XII) One member who is a professional print journalist and is a member of a professional association of journalists; and (XIII) One member who is a professional broadcast journalist and is a member of a professional association of broadcasters. (3) (a) On or before July 15, 2019, the commissioner of education shall hire a consultant to perform the research and coordination of the committee required to draft the report. (b) The consultant shall consult with committee members to elicit recommendations for the report, as described in subsection (2)(a) of this section. The consultant is not required to conduct consultations in person and may conduct consultations through telephone, e-mail, or video conference. (c) The consultant shall distribute his or her research and draft reports to committee members for feedback at least monthly and the latest draft report at least three days prior to the committee meeting described in subsection (3)(d) of this section. (d) On or before November 1, 2019, the committee shall convene to discuss the draft report and finalize recommendations for the final report to be submitted pursuant to subsection (4) of this section. (e) The consultant shall incorporate feedback and recommendations from the committee's meeting described in subsection (3)(d) of this section. The consultant shall distribute his or her draft report to committee members for final feedback to be received by the consultant no later than December 1, 2019. (4) On or before January 1, 2020, the committee shall submit the written report of its findings, recommendations, and summaries of the committee's discussions and diverse opinions regarding the findings and recommendations contained in the final report to the education committees of the house of representatives and the senate, or any successor committees. (5) This section is repealed, effective July 1, 2021. Source: L. 2019: Entire section added, (HB 19-1110), ch. 412, p. 3624, § 1, effective June 3. PART 2 SCHOLASTIC ACHIEVEMENT 22-2-201 to 22-2-203. (Repealed) Source: L. 84: Entire part repealed, p. 581, § 1, effective February 17. Editor's note: This part 2 was numbered as article 27 of chapter 123 in C.R.S. 1963. For amendments to this part 2 prior to its repeal in 1984, consult the Colorado statutory research Colorado Revised Statutes 2019 Page 95 of 1211 Uncertified Printout explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. PART 3 DATA REPORTING AND TECHNOLOGY 22-2-301. Short title. This part 3 shall be known and may be cited as the "Data Reporting and Technology Act". Source: L. 2007: Entire part added, p. 1059, § 1, effective May 23. 22-2-302. Legislative declaration. (1) The general assembly hereby finds that: (a) Pursuant to state statute and rules of the state board, school districts are required to submit extensive and duplicative data at different times throughout the year or to different divisions within the department of education; (b) Reporting requirements are frequently placed in statute or rule and are not revisited after their initial adoption. Often, these requirements cease over time to have a relevant use or purpose but are still required to be reported to the department. (c) School districts recognize the value of collecting and submitting data that will be used to track student achievement, to qualify for state funds, or to support accountability for student achievement or compliance measures but often find that the staff time required to prepare reports and submit required data under federal and state statutes and rules takes human and capital resources that could be better spent on providing student instruction; (d) The department works to make data reporting productive and meaningful but faces its own internal challenges in terms of funding, adequate staffing levels, and the ability to overhaul antiquated data technology systems; (e) The elementary and secondary education system in Colorado spends considerable amounts of money maintaining multiple, often out-of-date, computer systems for data collection and transmission. Due to the lack of a single statewide data system, data often cannot be accessed, even when acting in compliance with federal privacy restraints, by others within the department, school districts seeking comparisons with other districts for best practices, or researchers and foundations seeking to conduct research on the Colorado public school system and its students. (2) It is therefore the intent of the general assembly in enacting this part 3 to achieve the following purposes: (a) To improve the collection of data by streamlining the submission and reporting of data; (b) To create shared goals and shared expectations for data collection and technology for elementary and secondary education in Colorado; (c) To require school districts and public schools to submit data that is relevant to student achievement and will enhance and improve the manner in which school districts and public schools provide and evaluate student instruction; Colorado Revised Statutes 2019 Page 96 of 1211 Uncertified Printout (d) To explore the possibility of implementing a single statewide education data collection system with the purpose of reducing the manpower and cost of submitting required data to the department; and (e) To deploy the single statewide education data collection system as a system of data exchange that is based on automatic file exchanges rather than manual processes requiring personnel to upload electronic files via messaging, web uploads, or other file transfer methods requiring human intervention. Source: L. 2007: Entire part added, p. 1059, § 1, effective May 23. 22-2-303. Definitions. As used in this part 3, unless the context otherwise requires: (1) "Commissioner" means the commissioner of education appointed pursuant to section 1 of article IX of the state constitution. (2) "Current data technology system" means the data technology system or systems in use by the department as of May 23, 2007. (3) "Data dictionary" means an essential component of data management adopted by the department pursuant to section 22-2-305 that defines all of the data elements the department collects from school districts and public schools and describes the methods by which the department collects the data through the single statewide data collection system. (4) "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S. (5) "EDAC" means the education data advisory committee created pursuant to section 22-2-304. (6) "Public school" means a public school as provided in section 22-1-101, including a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title or an institute charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title. (7) "State board" means the state board of education created and existing pursuant to section 1 of article IX of the state constitution. Source: L. 2007: Entire part added, p. 1060, § 1, effective May 23. L. 2013: (6) amended, (HB 13-1219), ch. 104, p. 357, § 2, effective August 7. 22-2-304. Education data advisory committee - creation - duties - repeal. (1) The state board shall designate at least five volunteer school districts and two volunteer boards of cooperative services and a volunteer charter school, that are representative of the state as to pupil size and population, to send representatives to form a voluntary committee, to be known as the education data advisory committee. The EDAC shall work with the department to review school district data reporting requirements and make recommendations as provided in this section. (2) The EDAC shall: (a) Review the statutory and regulatory data reporting requirements applicable to school districts and public schools and determine whether the benefits derived from the reports are outweighed by the increased administrative costs incurred by the school districts and public schools in preparing and submitting the reports; Colorado Revised Statutes 2019 Page 97 of 1211 Uncertified Printout (b) Identify those statutory and regulatory data reporting requirements that are duplicative or obsolete and may be combined, eliminated, or otherwise streamlined; (c) Review each data reporting request made to school districts and public schools and notify school districts and public schools that the request is mandatory because it is required by statute or rule, is required to acquire a benefit because a statute or rule requires a school district or public school that chooses to seek or receive a specified governmental benefit to report the data, or is voluntary because it is not specifically required by a statute or rule; (d) Review all proposed statutory and regulatory data reporting requirements, whether proposed in state or federal legislation or in rules, and, to the extent practicable prior to final adoption, inform the general assembly or the enacting state or federal agency of the estimated cost to the school districts and public schools of complying with the proposed statutory and regulatory data reporting requirements and make recommendations to the general assembly or to the enacting state or federal agency concerning whether the proposed requirements are already included in existing law or regulation and whether the proposed requirements are necessary and appropriate; (e) Advise the department on the impact of data practices and technology on school districts and public schools; (f) Periodically review the rules for implementing the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g, and recommend to the state board an interpretation of said act that will facilitate the exchange and sharing of student information to the greatest extent possible in compliance with the federal regulations for implementing said act; and (g) Review the processes and timing for collecting student demographic data and make recommendations to the state board for efficiently updating the data as necessary. (3) (a) The EDAC shall annually, or more often if necessary, make recommendations to the state board and to the appropriate legislative committees of reference based on the subject matter of the recommendation for the repeal or amendment of statutory and regulatory data reporting requirements that the EDAC has identified as duplicative, obsolete, or inefficient. (b) Repealed. (4) The EDAC shall identify those reporting requirements that may be consolidated into a single report or a single submission for purposes of streamlining data submission for school districts and public schools. (5) As used in this section, "statutory and regulatory data reporting requirements" includes all data reporting requirements that apply to school districts and public schools and that are imposed by federal or state statute or by rule of a federal or state agency, including but not limited to the data reporting requirements imposed by the department of human services, the department of public health and environment, and the department of health care policy and financing. (6) (a) This section is repealed, effective July 1, 2022. (b) Prior to such repeal, the EDAC shall be reviewed as provided in section 2-3-1203, C.R.S. Source: L. 2007: Entire part added, p. 1061, § 1, effective May 23. L. 2009: Entire section amended, (HB 09-1214), ch. 198, p. 887, § 1, effective April 30. L. 2010: (2)(c), (2)(e), Colorado Revised Statutes 2019 Page 98 of 1211 Uncertified Printout and (2)(f) amended and (2)(g) added, (HB 10-1171), ch. 401, p. 1934, § 4, effective August 11. L. 2017: (6)(a) amended, (SB 17-144), ch. 110, p. 397, § 2, effective April 6. Editor's note: Subsection (3)(b)(II) provided for the repeal of subsection (3)(b), effective July 1, 2010. (See L. 2009, p. 887.) 22-2-305. Data dictionary - legislative declaration - creation - contents - report. (1) (a) The general assembly finds that there is a need for consistency in electronic data submission protocols and requirements to allow school districts and public schools to submit data for multiple reports in one transaction. Under the existing data submission system, school districts and public schools are often forced to report data that is known to be incorrect because of an existing inability to correct or resubmit data through the current data technology system. The general assembly finds that the priority in data collection and submission must be the efficient collection and use of accurate, relevant data. (b) The general assembly finds therefore that, with the creation and implementation of a data dictionary, the department may bring consistency and greater accuracy to the data elements collected from school districts and public schools and increase the efficiency of education data submission and collection by not collecting the same data elements more often than necessary. (2) (a) The department shall develop and distribute to the school districts and public schools a data dictionary to define the data the department will collect and the methods and protocols by which school districts and public schools will submit the data. At a minimum, the data dictionary shall include the following items: (I) A map of the current data collection requirements, including the definition of each data element, when each data element is collected, identification of the external reports for which each data element is used, and identification of the method by which each data element is collected; (II) A description of the format for data submission, acceptable values in data submission, the available options for dealing with data fields for which the submitting school district or public school does not have information, and logical comparisons to prior reports; (III) Identification of data relationships; (IV) Data element tables; and (V) Identification of data element locations within data access tools. (b) In developing the data dictionary, the department shall seek and apply input from school districts, public schools, and the EDAC. In addition, the department shall ensure that the data elements included in the data dictionary are aligned with the descriptions and definitions of data elements that are used by national education organizations such as the federal department of education and other organizations that set national education standards and ratings. (3) On or before August 1, 2007, the department shall report the status of the data dictionary to the state board, the education committees of the senate and house of representatives, or any successor committees, the governor, school districts, and the EDAC. At a minimum, the report shall include: (a) A description of how many school districts and public schools were involved in the process of creating the data dictionary, the extent to which the EDAC was involved in the process, and the manner of the school districts', public schools', and the EDAC's involvement; Colorado Revised Statutes 2019 Page 99 of 1211 Uncertified Printout (b) An explanation of the department's methods and considerations in creating the data dictionary, including the extent to which the department considered models from other states; (c) An explanation of the manner in which school districts and public schools will access the data dictionary; and (d) The method by and frequency with which the department plans to review and update the data dictionary. (4) The department shall ensure that the data dictionary is fully operational and available for use on or before October 1, 2007. (5) The general assembly finds and declares that, for purposes of section 17 of article IX of the state constitution, the creation and implementation of the data dictionary pursuant to this section is an important element of accountability reporting and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution. Source: L. 2007: Entire part added, p. 1062, § 1, effective May 23. 22-2-306. Advance notice - legislative declaration - data collection - data submission changes - website update - submission windows. (1) The general assembly finds that it is imperative that school districts and public schools receive adequate advance notice of changes in data submission requirements to enable them to effectively comply with the new requirements. The general assembly further finds that the department must allow school districts and public schools the necessary time in which to comply with changes in data submission requirements in order to ensure that the school districts and public schools provide accurate data. (2) The department shall provide to school districts, public schools, and vendors notice of new federal or state data submission requirements or changes to existing federal or state data submission requirements within one business day after receiving the new or changed requirements. The department shall notify school districts, public schools, and vendors of new or changed federal or state data submission requirements and communicate any other pertinent information through an electronic mail list developed by the department to which school districts, public schools, and vendors may subscribe. The department shall also conduct informational meetings that allow school districts, public schools, and vendors to ask questions and receive technical support to ensure accuracy and efficiency in data submission. (3) (a) To improve the accuracy of submitted data and minimize inaccurate data submissions and errors in data submitted by school districts and public schools, the department shall update data reporting requirements on the department website on an annual basis. The department shall ensure that the department website is updated annually by April 1 with all changes to state or federal data reporting requirements made since the preceding April 1. No later than the following July 1, school districts and public schools shall comply with the changes to state or federal data reporting requirements that are included in the April 1 update. (b) Notwithstanding any provision of paragraph (a) of this subsection (3) to the contrary, if federally required or state-required timelines for implementing data reporting requirements conflict with the provisions of paragraph (a) of this subsection (3), the department, the school districts, and the public schools shall comply with the federally required timelines. (4) (a) To assist the department, school districts, and public schools in exercising reasonable management over data collection and submission activities, following the enactment of legislation that alters data collection requirements, the state board shall promulgate rules to Colorado Revised Statutes 2019 Page 100 of 1211 Uncertified Printout implement the changes in accordance with a timeline that ensures the rules are effective by April 1 following the effective date of the legislation. Each school district and public school shall reformat its data systems by the July 1 following enactment of the rules. (b) Notwithstanding any provision of paragraph (a) of this subsection (4) to the contrary, if federally required or state-required timelines for implementing data reporting requirements conflict with the provisions of paragraph (a) of this subsection (4), the state board, the school districts, and the public schools shall comply with the federally required timelines. Source: L. 2007: Entire part added, p. 1064, § 1, effective May 23. L. 2009: (3) and (4) amended, (HB 09-1214), ch. 198, p. 889, § 2, effective April 30. L. 2010: (3)(b) and (4)(b) amended, (HB 10-1013), ch. 399, p. 1907, § 21, effective June 10. 22-2-307. Data reporting requirements - interpretation of federal law - suspension. (1) On or before October 1, 2009, and periodically thereafter, the state board shall review the rules for implementing the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g, and shall adopt an interpretation of said act that will facilitate the exchange and sharing of student information to the greatest extent possible in compliance with the federal regulations for implementing said act. The state board shall consult with the EDAC in determining its interpretation of said act. (2) The department shall periodically review its interpretation of federal regulations pertaining to education data collection and reporting and shall ensure that it takes into consideration the interpretations adopted by the departments of education in neighboring states. (3) (a) Notwithstanding any provision of law to the contrary, in any year in which the general assembly does not appropriate moneys to implement a state program in which the department, a school district, the state charter school institute, or a public school was participating, any reporting requirements that are required under the provisions of the state program are suspended, and the department, school districts, the state charter school institute, and public schools need not comply with said reporting requirements; except that a participating school district, the state charter school institute if it is participating, or a participating public school shall comply with requirements to report information concerning the entity's participation in the state program during the period in which it was funded. (b) For purposes of this subsection (3), "state program" means a program specifically created in state statute and for which the statute creating the program specifically provides funding to a participating school district, the state charter school institute, or a public school. Source: L. 2009: Entire section added, (HB 09-1214), ch. 198, p. 889, § 3, effective April 30. 22-2-308. Data reporting requirements - office of legislative legal services. Notwithstanding the provisions of section 2-3-505, C.R.S., the office of legislative legal services, created in section 2-3-501, C.R.S., shall notify EDAC of any legislation introduced that creates by specific language a new requirement for a local education agency to report data to any state or federal agency. Colorado Revised Statutes 2019 Page 101 of 1211 Uncertified Printout Source: L. 2012: Entire section added, (HB 12-1240), ch. 258, p. 1309, § 4, effective June 4. L. 2013: Entire section amended, (HB 13-1219), ch. 104, p. 357, § 4, effective August 7. 22-2-309. Student data - accessibility - transparency - accountability - short title definitions. (Repealed) Source: L. 2014: Entire section added, (HB 14-1294), ch. 366, p. 1750, § 2, effective August 6. L. 2016: Entire section repealed, (HB 16-1423), ch. 355, p. 1475, § 2, effective August 10. Editor's note: This section was relocated to article 16 of this title in 2016. Former subsection numbers are shown in editor's notes following the C.R.S. sections in article 16 containing those subsections that were relocated. PART 4 FACILITY SCHOOLS UNIT 22-2-401. Legislative declaration. (1) The general assembly hereby finds that: (a) A significant number of children in Colorado are placed in day treatment centers, residential child care facilities, other out-of-home placement facilities, or hospitals and receive their education through programs provided by these facilities; (b) Although these facilities strive to provide the best educational programs possible within limited resources and under difficult circumstances, studies indicate that students who receive educational services through facility programs are more likely to repeat a grade level, more likely to perform below grade level, more likely to drop out of school, less likely to be employed, less likely to continue into higher education, and more likely to be eventually arrested and incarcerated; (c) Each facility independently provides an educational program that, in most instances, is not consistent in the areas of course work, academic credits, graduation standards, or curriculum with any other educational program provided by a facility or with any educational program provided by a school district or an institute charter school. This lack of consistency makes it extremely difficult for a student to move from one facility to another or to move from a facility to a school district or institute charter school and puts the student almost hopelessly behind in meeting standards for completing a grade level or for graduation. (d) Each student who receives an educational program through a facility participates in the Colorado student assessment program. However, the student's scores are usually not included in calculating a school's levels of attainment of the performance indicators, and the transitory nature of the student's educational career makes it difficult, if not impossible, for an education provider to longitudinally track the student's academic growth. (e) Because of the uniqueness of the population served by each facility, it is important for each facility to maintain a significant degree of control over the educational program provided by the facility. However, by partnering with the department of education to provide an educational program that, as much as practicable, is consistent among the facilities, each facility can vastly improve the quality of each student's overall academic experience while the student Colorado Revised Statutes 2019 Page 102 of 1211 Uncertified Printout receives educational services from the facility and when the student transfers to another facility or to a school district or an institute charter school. (2) Therefore, the general assembly finds that creating a unit within the department of education to work with facilities to create consistency with regard to curriculum, standards, and tracking of student performance within facility education programs will raise the overall quality of the education provided to these students, thereby helping these students meet their full potential both academically and as fully contributing adults within the community. (3) The general assembly further finds that, for purposes of section 17 of article IX of the state constitution, creating the facility schools unit within the department of education and the facility schools board to work with approved facility schools to standardize the educational services provided to students in approved facility schools and implementing a data system to maintain the records of students who receive educational services from approved facility schools will enable approved facility schools to provide each student a more consistent and coherent education, thereby improving each student's likelihood of achieving state academic standards. The facility schools unit, the facility schools board, and the data system are therefore important elements of accountable programs to meet state academic standards and may receive funding from the state education fund created in section 17 (4) of article IX of the state constitution. Source: L. 2008: Entire part added, p. 1374, § 1, effective May 27. L. 2009: (1)(d) amended, (SB 09-163), ch. 293, p. 1529, § 11, effective May 21. 22-2-402. Definitions. As used in this part 4, unless the context otherwise requires: (1) "Approved facility school" means an educational program that is operated by a facility to provide educational services to students placed in the facility and that, pursuant to section 22-2-407 (2), has been placed on the list of facility schools that are approved to receive reimbursement for providing educational services to students placed in a facility. (2) "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S. (3) "Facility" means a day treatment center, residential child care facility, or other facility licensed by the department of human services pursuant to section 26-6-104, C.R.S., or a hospital licensed by the department of public health and environment pursuant to section 25-1.5103, C.R.S. (4) "Placed in a facility" means a student is in a facility due to: (a) A court order or other action by a public entity in Colorado; or (b) The student's determination, if the student is a homeless child as defined in section 22-1-102.5. (5) "School district" means a school district organized and existing pursuant to law but does not include a local college district. (6) "State board of education" or "state board" means the state board of education created and existing pursuant to section 1 of article IX of the state constitution. (7) "Student" means a child or youth who has attained three years of age on or before August 1 and who is under twenty-one years of age. (8) "Unit" means the facility schools unit created within the department pursuant to section 22-2-403. Colorado Revised Statutes 2019 Page 103 of 1211 Uncertified Printout Source: L. 2008: Entire part added, p. 1376, § 1, effective May 27. 22-2-403. Facility schools unit - created. (1) There is hereby created within the department the facility schools unit. The head of the unit shall be the director of facility schools and shall be appointed by the commissioner of education in accordance with section 13 of article XII of the state constitution. (2) The facility schools unit and the office of the director of facility schools shall exercise their powers and perform their duties and functions under the department, the commissioner of education, and the state board of education as if the same were transferred to the department by a type 2 transfer as defined in the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S. Source: L. 2008: Entire part added, p. 1376, § 1, effective May 27. 22-2-404. Facility schools board - created - membership. (1) There is hereby created the facility schools board to adopt curriculum standards and set graduation requirements for facility schools and to collaborate with and advise the unit. The facility schools board shall consist of seven members appointed by the state board as provided in this section. The state board shall appoint the initial members of the facility schools board on or before November 1, 2008. The facility schools board shall exercise its powers and perform its duties and functions as if the same were transferred to the department by a type 1 transfer as defined in the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S. (2) The state board shall appoint the members of the facility schools board as follows: (a) Two persons who represent school districts within Colorado, one of whom shall have expertise in special education; (b) One person who represents state-level child placement agencies within Colorado; (c) One person who represents county departments of human or social services within Colorado; (d) Two persons who represent facilities within Colorado; and (e) One person who represents students who receive educational services provided by facility schools in Colorado. The state board may choose a person who, as a child, received educational services provided by a facility school or who is a parent of a student who is receiving or formerly received educational services provided by a facility school. (3) (a) In appointing the members of the facility schools board, the state board shall seek to ensure that the membership of the facility schools board collectively has expertise in the areas of: (I) Curriculum and assessment; (II) Educating students who are placed in facilities; (III) Mental health; (IV) Special education services; and (V) School finance. (b) The state board shall ensure that members of the facility schools board are representative of the various geographic areas of the state and are representative of the ethnic and racial diversity and gender balance within the state. Colorado Revised Statutes 2019 Page 104 of 1211 Uncertified Printout (4) Members of the facility schools board shall serve three-year terms; except that, of the members initially appointed, two members shall serve one-year terms and two members shall serve two-year terms. The state board may reappoint a person to serve successive terms on the facility schools board. (5) Members of the facility schools board shall serve without compensation but may receive reimbursement for reasonable travel expenses incurred in fulfilling their duties on the facility schools board. The department staff shall assist the facility schools board in performing its duties. Source: L. 2008: Entire part added, p. 1377, § 1, effective May 27. L. 2018: (2)(c) amended, (SB 18-092), ch. 38, p. 436, § 85, effective August 8. Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 22-2-405. Facility schools unit - duties. (1) In addition to any other duties that may be required by law, the unit shall: (a) Develop and maintain, as provided in section 22-2-407, the list of approved facility schools; (b) Make recommendations to the facility schools board regarding the curriculum for use in the approved facility schools; (c) Make recommendations to the facility schools board regarding graduation requirements for students in approved facility schools. The unit's recommendations shall follow the comprehensive guidelines for high school graduation requirements specified by the state board pursuant to section 22-2-106 (1)(a.5); (d) Maintain, and make available as provided by law, student information and records for the students who receive educational services from approved facility schools; (e) Ensure that each student who receives educational services from an approved facility school and who, upon leaving the facility, will reside in Colorado receives a unique identifying number, as provided in rules adopted pursuant to section 22-11-104, if the student has not already been assigned a number by the department; and (f) Communicate and collaborate with the state department of human services, the county departments of human or social services, and referring agencies regarding the placement and transfer of students in facilities, including but not limited to communication concerning academic testing prior to and following placement and other academic and achievement testing. (2) In complying with the duties specified in paragraph (d) of subsection (1) of this section, the unit shall: (a) Adopt data reporting protocols and records transfer procedures for use by approved facility schools; and (b) In purchasing a data system to maintain the records of students who are receiving educational services from approved facility schools, ensure that the data system selected is compatible with the system used by school districts in serving a majority of the students enrolled in public schools of the state. Colorado Revised Statutes 2019 Page 105 of 1211 Uncertified Printout Source: L. 2008: Entire part added, p. 1378, § 1, effective May 27. L. 2009: (1)(e) amended, (SB 09-163), ch. 293, p. 1529, § 12, effective May 21. L. 2018: (1)(f) amended, (SB 18-092), ch. 38, p. 436, § 86, effective August 8. Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. 22-2-406. Facility schools board duties - curriculum - graduation standards - rules. (1) In addition to any other duties provided by law, the facility schools board shall: (a) Adopt curriculum to be provided by approved facility schools. At a minimum, the facility schools board shall align the curriculum for the core subjects of reading, writing, mathematics, science, history, and geography with the state content standards adopted pursuant to section 22-7-1005 and the state assessments administered as provided in section 22-7-1006.3. The curriculum must include a range of course work from which an approved facility school may select courses that meet the needs of the students who are placed at the facility. (b) Adopt accountability measures, including academic performance measures, to be applied to approved facility schools and the students receiving educational services through the approved facility schools; and (c) Award a high school diploma to a student who, while receiving services through an approved facility school, meets the graduation requirements the facility schools board shall establish pursuant to subsection (3) of this section and who applies for the award of a high school diploma from the facility schools board. (2) The facility schools board may make recommendations to the state board and to the department of human services regarding any of the following issues: (a) The process for placing a child or youth in a facility when the placement is initiated by a public entity and methods for improving the involvement of school districts in such placement decisions; (b) The process for placing a child or youth in a facility when the placement is initiated by action by or request of a private person and methods by which school districts may be involved in such placement decisions; (c) Methods and strategies for improving the quality of educational services provided by approved facility schools and for improving the educational outcomes for students who receive educational services from approved facility schools; (d) Methods for recruiting and retaining highly qualified teachers and paraprofessionals for employment in approved facility schools; (e) The provision of appropriate services for students with disabilities, including the process for developing and reviewing individualized education programs; (f) Methods of reimbursing approved facility schools for the excess costs incurred in providing educational services to students with disabilities, including direct and indirect costs; (g) The liability of the school districts of residence for providing a free and appropriate public education for the students who are placed in a facility and procedures to ensure students' rights to receive educational services; (h) The oversight and monitoring of approved facility schools; and (i) Any other issues that are determined by the facility schools board to be within its purview and that are intended to improve educational outcomes for students receiving Colorado Revised Statutes 2019 Page 106 of 1211 Uncertified Printout educational services from approved facility schools or to promote the efficient delivery of educational services to students who are placed in facilities. (3) The facility schools board shall promulgate rules in accordance with the "State Administrative Procedure Act", article 4 of title 24, C.R.S., to establish procedures by which a student who participates in an approved facility school may apply to receive a high school diploma awarded by the facility schools board. The facility schools board shall also, by rule, establish the graduation requirements that a student receiving educational services through an approved facility school shall meet to be awarded the facility school's high school diploma. In adopting the graduation requirements, the facility schools board shall take into consideration the recommendations of the unit and shall ensure that the graduation requirements follow the guidelines for high school graduation requirements specified by the state board pursuant to section 22-2-106 (1)(a.5). Source: L. 2008: Entire part added, p. 1379, § 1, effective May 27. L. 2015: (1)(a) amended, (HB 15-1323), ch. 204, p. 721, § 22, effective May 20. 22-2-407. List of approved facility schools - application - criteria - rules. (1) Pursuant to the "State Administrative Procedure Act", article 4 of title 24, C.R.S., the facility schools board shall promulgate rules for the creation and maintenance as provided in this section of a list of facility schools that are approved to receive reimbursement for providing educational services to students placed in the facility. In addition to the rules specified in this section, the facility schools board shall adopt such additional rules as may be necessary for the implementation of the list pursuant to this section. (2) (a) The facility schools board by rule shall specify: (I) The procedures by which a facility school may apply to the unit for placement on the list of approved facility schools; (II) The information that each facility school shall provide in the application; (III) The reporting requirements for approved facility schools; and (IV) The criteria that a facility school shall meet to be placed on the list of approved facility schools. (b) The unit shall review the applications received pursuant to paragraph (a) of this subsection (2) and shall place on the list of approved facility schools those applicants that meet the criteria specified by rule of the facility schools board. The unit shall notify each applicant regarding placement on the list of approved facility schools. If the unit denies an applicant placement on the list, the unit shall explain the basis for the denial. An applicant that is denied may reapply for placement on the list following correction of the cause for denial. (3) An approved facility school shall comply with the following requirements in order to remain on the list of approved facility schools: (a) Adopt and implement the curriculum and graduation requirements specified by the facility schools board pursuant to section 22-2-406 (1)(a) and (3); (b) Demonstrate compliance with the accountability measures adopted by the facility schools board pursuant to section 22-2-406 (1)(b); (c) Comply with the reporting and records tracking requirements specified by the unit pursuant to section 22-2-405 (1)(d) and (2); and (d) Comply with any other requirements specified by rule of the facility schools board. Colorado Revised Statutes 2019 Page 107 of 1211 Uncertified Printout (4) The unit shall periodically, as provided by rule of the facility schools board, review each approved facility school to determine whether the approved facility school is in compliance with the requirements specified in subsection (3) of this section. If the unit determines that an approved facility school is out of compliance, the unit shall give the approved facility school notice of the lack of compliance. If the approved facility school does not come into compliance within thirty days after receiving the notice, the unit shall remove the facility school from the list of approved facility schools. A facility school that is removed from the list of approved facility schools may reapply for placement on the list as provided in subsection (2) of this section. Source: L. 2008: Entire part added, p. 1380, § 1, effective May 27. 22-2-408. Approved facility schools - funding. (1) For the 2008-09 budget year and for each budget year thereafter, each approved facility school shall submit its pupil enrollment to the department and receive funding from the department in accordance with the provisions of section 22-54-129. (2) For the 2009-10 budget year, and for each budget year thereafter, the department shall annually withhold two percent of the amount payable to each approved facility school. The amount withheld shall be allocated to the unit to offset the costs incurred by the unit and the facility schools board in implementing this part 4. Source: L. 2008: Entire section added, p. 1218, § 31, effective May 22. Cross references: For the legislative declaration contained in the 2008 act enacting this section, see section 1 of chapter 286, Session Laws of Colorado 2008. 22-2-409. Notification of risk. (1) Beginning August 15, 2010, a state-licensed day treatment facility, facility school, or hospital licensed or certified pursuant to section 25-3-101, C.R.S., shall notify the appropriate child welfare education liaison, designated pursuant to section 22-32-138 (2)(a), of a student who: (a) Is transferring to a public school from a state-licensed day treatment facility licensed by the department of human services pursuant to section 26-6-104, C.R.S., facility school as defined in section 22-2-402 (1), or hospital licensed or certified pursuant to section 25-3-101, C.R.S.; and (b) Has been determined by the state-licensed day treatment facility, the facility school, the hospital licensed or certified pursuant to section 25-3-101, C.R.S., or the court to be a risk to himself or herself or the community within the twelve months prior to the proposed transfer. (2) This section applies only to a hospital licensed or certified pursuant to section 25-3301 that is providing inpatient acute care or psychiatric services for a student for more than ten days and if there is actual knowledge that the student will attend an identified public school within sixty days after discharge from the hospital. For purposes of this subsection (2), information shared with the state department of human services, county department of human or social services, or child education welfare liaison must be shared only for a student who has been deemed to be a risk to himself or herself or the community within the twelve months prior to discharge. Colorado Revised Statutes 2019 Page 108 of 1211 Uncertified Printout (3) The notification required in subsection (1) of this section must be made at least ten calendar days prior to the student's transition from the state-licensed day treatment facility, facility school, or hospital licensed or certified pursuant to section 25-3-101 and subsequent enrollment in a public school and must include an invitation to the child welfare education liaison, or his or her designee, to participate in the development of a transition plan for the student. The information provided to the child welfare education liaison must include, but need not be limited to, the transitioning student's educational records from the transferring educational facility and an outline of the student's transitional needs to be successful in the public school setting, which information would assist the school district in meeting the student's needs and ensuring a successful transition. If the transitioning student is in the custody of the state department of human services or a county department of human or social services, the statelicensed day treatment facility, facility school, or hospital licensed or certified pursuant to section 25-3-101 shall also provide the notification to the state department of human services. (4) If a change of placement is required for the safety of the student or if a court, the state department of human services, or a county department of human or social services makes a placement change with fewer than ten calendar days notice, the responsible state or county department of human services or social services shall provide information to the child welfare education liaison, designated pursuant to section 22-32-138 (2)(a), of the receiving school district, charter school, or institute charter school within five calendar days following the student's placement. The information provided to the child welfare education liaison must include, but need not be limited to, the transitioning student's educational records from the transferring educational facility and an outline of the student's transitional needs to be successful in the public school setting, which information would assist the district in meeting the student's needs and ensuring a successful transition. (5) The responsible county department of human or social services and the receiving school district, charter school, or institute charter school shall cooperate to ensure that an appropriate placement including educational services is made pursuant to this section and sections 19-1-115.5, 22-20-108, and 22-32-138, as applicable. (6) Within the confidentiality and privacy limits of state and federal law, the responsible county department of human or social services or the school district, charter school, institute charter school, or facility school shall provide information about the student to assist the receiving entity in determining an appropriate educational placement for the student. (7) On or before July 1, 2011, the department of human services and the department of education shall enter into a memorandum of understanding, pursuant to section 22-2-139, concerning the enrollment of students in the public school system who meet the requirements of subsection (1) of this section. Source: L. 2010: Entire section added, (HB 10-1274), ch. 271, p. 1249, § 4, effective May 25. L. 2016: (1)(a) amended, (SB 16-189), ch. 210, p. 762, § 34, effective June 6. L. 2018: (2) to (6) amended, (SB 18-092), ch. 38, p. 436, § 87, effective August 8. Cross references: For the legislative declaration in the 2010 act adding this section, see section 1 of chapter 271, Session Laws of Colorado 2010. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. Colorado Revised Statutes 2019 Page 109 of 1211 Uncertified Printout PART 5 TEACHER RECRUITMENT AND RETENTION 22-2-501. Legislative declaration. (1) The general assembly hereby finds that: (a) Teachers have a great impact in student achievement. Evidence shows that teacher quality can account for the majority of variances in student learning and test scores. (b) The teaching and learning conditions under which teachers practice their profession, though often overlooked, are essential elements to student achievement and teacher retention. These conditions must be systematically studied and addressed for Colorado to develop a critical mass of teachers who are well prepared to teach and who will remain in hardest-to-staff schools long enough to make a significant difference for students and their families. (c) Research also demonstrates that the negative effects of teacher shortages and distribution challenges have a disproportionate impact on the nation's most disadvantaged students, leaving poor and minority children more likely to be taught by less-qualified and under-prepared teachers. (d) Teachers who are truly highly qualified teach well-designed, standards-based lessons and are able to teach those lessons successfully because they know how and why their students learn. These teachers work effectively with their colleagues to push and lead school improvement and work steadily to sharpen their skills and increase their knowledge because they believe it is part of their professional responsibility to do so. (e) National board certification is a nationally accepted sign of quality in the teaching profession and offers a nationwide standard for evaluating and encouraging quality teaching. It is a means to recognize and reward the accomplished teachers the state needs to build competitive, world-class schools. National board certified teachers advance the quality of teaching and learning by maintaining high and rigorous standards for what accomplished teachers should know and be able to do. (2) The general assembly further finds and declares that, for purposes of section 17 of article IX of the state constitution, implementation of measures designed to improve teacher quality, recruitment, and retention through this part 5 and through House Bill 08-1384, as enacted at the second regular session of the sixty-sixth general assembly, is a critical element of accountable education reform, accountable programs to meet state academic standards, and performance incentives for teachers and, therefore, may receive funding from the state education fund created in section 17 (4) of article IX of the state constitution. Source: L. 2008: Entire part added, p. 1361, § 1, effective May 27. 22-2-502. Definitions. As used in this part 5, unless the context otherwise requires: (1) "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S. (2) "Low-performing, high-needs school" means a school that is required to submit a priority improvement or turnaround plan pursuant to section 22-11-210. Source: L. 2008: Entire part added, p. 1362, § 1, effective May 27. L. 2012: Entire section amended, (HB 12-1261), ch. 257, p. 1306, § 2, effective August 8. Colorado Revised Statutes 2019 Page 110 of 1211 Uncertified Printout Cross references: For the legislative declaration in the 2012 act amending this section, see section 1 of chapter 257, Session Laws of Colorado 2012. 22-2-503. Teaching and learning conditions survey. (1) Subject to available appropriations, the department shall administer a biennial teaching and learning conditions survey, referred to in this section as the "survey", to all preschool, elementary, and secondary teachers in public schools of the state. The survey shall be designed to assess, at a minimum: (a) Teaching and learning conditions as predictors of student achievement; (b) The correlation, if any, between teaching and learning conditions and teacher retention; and (c) The relationship, if any, between teaching and learning conditions and school administration. (2) The survey results may be used by schools, school districts, the department, state policymakers, and researchers as a resource for: (a) School and program design; (b) Professional development programs; (c) School improvement plans; (d) School district continuous improvement programs; (e) State education reform initiatives concerning achievement gaps, teacher gaps, dropout rates, and graduation rates; and (f) Other analyses to inform school improvement efforts. Source: L. 2008: Entire part added, p. 1362, § 1, effective May 27. L. 2009: IP(1) amended, (SB 09-214), ch. 24, p. 111, § 1, effective March 18. 22-2-504. National certification compensation - definition - study. (1) Beginning with the 2009-10 school year for teachers, school counselors, and principals who hold a certification from the national board for professional teaching standards, and school counselors who hold a certification from the national board for certified counselors, and beginning with the 2019-20 school year for nationally certified school psychologists who hold a certification from the national association of school psychologists, collectively referred to in this section as "school professionals", the department, subject to available appropriations, shall award an annual stipend of one thousand six hundred dollars to any school professional who is employed in a school district, a program operated by a board of cooperative services, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22, or a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22. For any stipends that are awarded, the department shall allocate the stipend money to the school district that employs the school professional who is to receive the stipend, and the school district shall then make payment directly to the eligible school professional. A school district may, at its discretion, withhold any required employer retirement and medicare contributions associated with the stipend pursuant to this section from the one thousand six hundred dollar stipend amount. For any stipends that are awarded, the stipend shall be: (a) Payable on May 1, 2009, and each May 1 thereafter, for nationally certified teachers, school counselors, and principals; Colorado Revised Statutes 2019 Page 111 of 1211 Uncertified Printout (b) Payable on May 1, 2020, and each May 1 thereafter, for nationally certified school psychologists; (c) Prorated for less than full-time employment; (d) Considered regular salary pursuant to section 24-51-101 (42)(a); and (e) In addition to, and not in lieu of, any existing compensation being awarded at the local level to a school professional. (2) Beginning with the 2009-10 school year for nationally certified teachers, school counselors, and principals, and beginning with the 2019-20 school year for nationally certified school psychologists, subject to available appropriations, an additional annual stipend of three thousand two hundred dollars shall be awarded to any school professional who meets the criteria set forth in subsection (1) of this section and who is employed as of May 1 in a given school year in a low-performing, high-needs school. Subject to available appropriations, a school professional shall continue to receive the additional stipend award pursuant to this subsection (2) if the school professional remains employed in a school that was previously a low-performing, high-needs school but improved sufficiently to implement an improvement or performance plan pursuant to section 22-11-210. The additional stipend for a school professional is subject to the same restrictions and requirements as set forth in subsection (1) of this section. (3) (a) On or before August 30, 2011, the department shall contract with an outside source to conduct two studies concerning the effectiveness of any annual stipends awarded to teachers pursuant to this section. (b) The first study shall evaluate the effect of national board certification on student achievement, using longitudinal growth as a measurement. The results of the study shall describe, at a minimum, any differential effectiveness correlated to school characteristics, including but not limited to: (I) Title I of the federal "Elementary and Secondary Education Act of 1965", 20 U.S.C. sec. 6301 et seq., eligibility; (II) School size; and (III) The proportion of students who attend the school for whom English is a second language. (c) The second study shall evaluate the effectiveness of any stipends awarded on encouraging teachers to obtain national board certification and encouraging teachers to teach in low-performing schools, the effect of the national board certification on teacher retention, and the effect of having national board certified teachers on the culture of the school. (d) On or before January 30, 2012, the department shall submit a report containing the findings of the study to the education committees of the house of representatives and the senate, or any successor committees, the governor, and the commissioner of education. (4) If insufficient funding is available to award a stipend pursuant to subsection (1) of this section to all school professionals, stipends shall be awarded only to those school professionals who meet the criteria of subsection (1) of this section and who are employed in a low-performing, high-needs school. Source: L. 2008: Entire part added, p. 1363, § 1, effective May 27. L. 2009: Entire section amended, (SB 09-214), ch. 24, p. 111, § 2, effective March 18; (2) amended, (SB 09163), ch. 293, p. 1529, § 13, effective May 21. L. 2011: (1)(c) amended, (HB 11-1303), ch. 264, p. 1159, § 41, effective August 10. L. 2012: (1) and (2) amended and (4) added, (HB 12-1261), Colorado Revised Statutes 2019 Page 112 of 1211 Uncertified Printout ch. 257, p. 1306, § 3, effective August 8. L. 2019: (1), (2), and (4) amended, (HB 19-1036), ch. 8, p. 34, § 1, effective August 2. Editor's note: Amendments to subsection (2) by Senate Bill 09-163 and Senate Bill 09214 were harmonized. Cross references: For the legislative declaration in the 2012 act amending subsections (1) and (2) and adding subsection (4), see section 1 of chapter 257, Session Laws of Colorado 2012. 22-2-505. Minority teacher recruitment - short title - legislative declaration - study report. (1) The general assembly finds and declares that: (a) Diversity of teachers in K-12 classrooms is important not only because it helps provide positive role models for students but also because it offers a broader cultural understanding of learning strategies and needs; (b) The most recent data for Colorado shows that while approximately forty-four percent of students in Colorado are minorities, only twelve percent of teachers are minorities; and (c) Statewide, the number of minority teachers has not kept up with population growth and changes in student diversity. (2) The general assembly therefore declares that it is a matter of statewide concern to study and develop strategies to increase and improve the recruitment, preparation, and retention of high-quality minority teachers in Colorado's public school system. (3) The department shall study and develop strategies to increase and improve the recruitment, preparation, development, and retention of high-quality minority teachers in elementary and secondary schools in Colorado. On or before December 1, 2014, the department shall prepare a report on its findings, including current statewide and district demographics and recommendations, and submit it to the office of the governor, the state board of education, and the education committees of the house of representatives and senate, or any successor committees. The department shall present the report on its findings to the education committees of the house of representatives and senate, or any successor committees, on or before January 30, 2015. (4) This section shall be known as "Aliyah's Law". Source: L. 2014: Entire section added, (HB 14-1175), ch. 359, p. 1685, § 1, effective August 6. ARTICLE 3 Eye Protective Devices 22-3-101. Duties regarding eye protective devices. (1) It is the duty of the governing board of every school district, university, college, or other institution of higher education, and of every person, firm, or organization maintaining any private school, university, college, or other institution of higher education, in this state to provide eye protective devices for the use of all Colorado Revised Statutes 2019 Page 113 of 1211 Uncertified Printout students, teachers, and visitors when participating in the courses and activities enumerated in section 22-3-102. (2) It is the duty of the persons charged with the supervision of any such course or activity to require such eye protective devices to be worn by students, teachers, and visitors under the circumstances prescribed in section 22-3-102. Source: L. 69: p. 1038, § 1. C.R.S. 1963: § 123-36-1. 22-3-102. Courses in which devices to be used - substances and activities dangerous to eyes. (1) Eye protective devices shall be worn in courses including, but not limited to, vocational or industrial art shops or laboratories and chemistry, physics, or combined chemistryphysics laboratories, at any time at which the individual is engaged in, or observing, an activity or the use of hazardous substances likely to cause injury to the eyes. (2) Hazardous substances likely to cause physical injury to the eyes include materials which are flammable, toxic, corrosive to living tissues, irritating, strongly sensitizing, or radioactive or which generate pressure through heat, decomposition, or other means. (3) Activity or the use of hazardous substances includes, but is not limited to, the following: (a) Working with hot molten metal; (b) Milling, sawing, turning, shaping, cutting, grinding, and stamping of any solid materials; (c) Heat treating, tempering, or kiln firing of any metal or other materials; (d) Gas or electric arc welding; (e) Working with hot liquids, solids, or chemicals which are flammable, toxic, corrosive to living tissues, irritating, sensitizing, or radioactive or which generate pressure through heat, decomposition, or other means. Source: L. 69: p. 1039, § 2. C.R.S. 1963: § 123-36-2. 22-3-103. Standards for devices. For the purposes of this article, the eye protective devices utilized shall be industrial quality eye protective devices which meet the standards of the U.S.A. standard practice for occupational and educational eye and face protection, Z87.1-1968, and subsequent revisions thereof, approved by the United States of America Standards Institute, Inc. Source: L. 69: p. 1039, § 3. C.R.S. 1963: § 123-36-3. 22-3-104. Implementation. The commissioner of education shall prepare and circulate to each public and private educational institution in this state instructions and recommendations for implementing the eye safety provisions of this article. Source: L. 69: p. 1039, § 4. C.R.S. 1963: § 123-36-4. ARTICLE 4 Colorado Revised Statutes 2019 Page 114 of 1211 Uncertified Printout County Superintendent of Schools 22-4-101 to 22-4-105. (Repealed) Source: L. 84: Entire article repealed, p. 582, § 1, effective March 19. Editor's note: This article was numbered as article 2 of chapter 123 in C.R.S. 1963. For amendments to this article prior to its repeal in 1984, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. ARTICLE 5 Boards of Cooperative Services Act of 1965 22-5-101. Short title. This article shall be known and may be cited as the "Boards of Cooperative Services Act of 1965". Source: L. 65: p. 1027, § 1. C.R.S. 1963: § 123-34-1. 22-5-102. Legislative declaration. The general assembly declares that this article is enacted for the general improvement and expansion of educational services of the public schools in the state of Colorado; for the creation of boards of cooperative services where feasible for purposes of enabling two or more school districts to cooperate in furnishing services authorized by law if cooperation appears desirable; and for the setting forth of the powers and duties of said boards of cooperative services. Source: L. 65: p. 1027, § 2. C.R.S. 1963: § 123-34-2. 22-5-103. Definitions. As used in this article, unless the context otherwise requires: (1) "Board" means the board of education of a school district or the governing board or governing agency of a postsecondary institution. (2) "Board of cooperative services" or "BOCES" means a regional educational service unit designed to provide supporting, instructional, administrative, facility, community, or any other services contracted by participating members. (2.3) "District charter school" means a charter school authorized by a school district board of education pursuant to part 1 of article 30.5 of this title. (2.5) Repealed. (2.7) "Institute charter school" means a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title. (3) "Postsecondary institution" means a community or technical college, a local district college, or a state-supported institution of higher education. (4) "School district" means any public school district existing pursuant to law. (5) "State board" means the state board of education. Colorado Revised Statutes 2019 Page 115 of 1211 Uncertified Printout Source: L. 73: p. 1295, § 4. C.R.S. 1963: § 123-34-16. L. 91: Entire section amended, p. 896, § 33, effective June 5. L. 92: (2.5) added, p. 470, § 2, effective May 29; (2.5) amended, p. 2183, § 60, effective June 2. L. 97: (2.5) amended, p. 460, § 4, effective August 6; (2.5) repealed, p. 948, § 2, effective August 6. L. 2010: (2.3) and (2.7) added, (SB 10-161), ch. 250, p. 1116, § 3, effective August 11. L. 2012: (2) amended, (HB 12-1345), ch. 188, p. 716, § 3, effective May 19. Editor's note: Subsection (2.5) was amended in House Bill 97-1219. Those amendments were superseded by the repeal of subsection (2.5) in House Bill 97-1253. 22-5-104. Creation of board of cooperative services - meetings. (1) Whenever the boards of education of two or more school districts or the board of education of a school district and the governing board or governing agency of a postsecondary institution desire to establish a board of cooperative services for the purpose of providing cooperative services as set forth in this article and have so certified to the commissioner of education and other interested boards by appropriate resolution, the presidents of any two of the interested boards may call a meeting of the duly appointed representatives of the interested boards. The interested boards shall seek from the commissioner of education and the state board for community colleges and occupational education any aid and assistance that may be reasonably required, to the end that a proper plan of organization for the board of cooperative services shall be accomplished. At this meeting the boards which have previously and respectively adopted resolutions so authorizing may enter into a proposed agreement to form a board of cooperative services, which proposed agreement shall set forth the names of the participating districts and postsecondary institutions and such other items as may be required. The participating school districts and postsecondary institutions may then proceed to form the board of cooperative services. (2) (a) At a subsequent meeting, the boards which have approved participation in a board of cooperative services shall agree upon the number of members which are to compose the cooperative board; except that there shall be no less than five members, and each participating board shall be entitled to at least one member on the board of cooperative services. (b) Each participating board of education of a school district shall then appoint its assigned number of representatives, and one alternate for each, from its membership; except that, if the board of cooperative services consists of a single school district and a single postsecondary institution, the board of education may appoint its representatives, and one alternate for each, from its membership or it may appoint the superintendent of the school district as one of its assigned number of representatives. The term of office of any member representing a board of education of a school district who is also a member of the board of education shall have the same expiration date as the term which the member is serving on the board of education at the time of appointment to the board of cooperative services. The term of office of any school district superintendent who is appointed to represent the board of education of a school district shall not exceed three years; except that, if the superintendent ceases to be an employee of the school district while serving on the board of cooperative services, a vacancy shall exist on the board of cooperative services. (c) Each participating governing board or governing agency of a postsecondary institution shall then appoint its assigned number of representatives, and one alternate for each, from its membership or the governing board or governing agency may appoint the chief Colorado Revised Statutes 2019 Page 116 of 1211 Uncertified Printout executive officer of such postsecondary institution as one of its assigned number of representatives. The term of office of each member representing a governing board or governing agency of a postsecondary institution shall not exceed three years; except that, if any member of a board of cooperative services who represents a governing board or governing agency of a postsecondary institution ceases to be a member of such governing board or governing agency or the chief executive officer of such postsecondary institution, a vacancy shall exist on the board of cooperative services. (d) As a term of office expires a replacement to the board of cooperative services shall be appointed by the participating board within thirty days after the expiration date. When other vacancies occur, they shall be filled by appointment by the respective boards within thirty days from the date on which the vacancy occurs. (e) (I) Upon agreement of all of the boards participating in a board of cooperative services, one member of the board of cooperative services may be jointly appointed by the participating boards from the public at large; however, such member shall reside in the area served by the board of cooperative services. The term of office of such member shall not exceed three years. As the term of office of such member expires, a replacement to the board of cooperative services shall be jointly appointed by the participating boards within thirty days after the expiration date. (II) In addition to the member appointed pursuant to subparagraph (I) of this paragraph (e), the participating boards of a board of cooperative services consisting of a single school district and a single postsecondary institution may jointly appoint up to four members of the board of cooperative services from the public at large. A member so appointed shall reside in the area served by the board of cooperative services. The term of office of a member so appointed shall not exceed three years. As the term of office of a member appointed pursuant to this subparagraph (II) expires, a replacement to the board of cooperative services may be jointly appointed by the participating boards within thirty days after the expiration date. (3) The agreement to establish a board of cooperative services may be amended to admit one or more additional school districts or postsecondary institutions if the board of the school district or postsecondary institution seeking admission shall certify by resolution a desire to be admitted to membership in the board of cooperative services and if the board of cooperative services by resolution agrees to the admission of the school district or postsecondary institution. (4) A board of cooperative services shall meet at least quarterly. A quorum shall consist of a simple majority of those members serving on a board of cooperative services. In the absence of a regular member, the alternate, if present, may be counted toward the required quorum and assume the prerogatives of the regular member. (5) A board of cooperative services may adopt a policy authorizing board members to attend and participate in regular or special meetings electronically, including participating by using video or audio conferencing technology that will allow members of the board to view or hear each other during the meeting and fully participate in the discussion and in voting; except that the board members shall gather in one physical location for at least one of the quarterly meetings held each year. The policy must address the method by which members of the public are allowed access to any video or audio conference of the board of cooperative services that is conducted pursuant to this subsection (5). In addition, the policy must specify any agenda items that the board of cooperative services may not consider during any video or audio conference conducted pursuant to this subsection (5). A quorum exists at any video or audio conference held Colorado Revised Statutes 2019 Page 117 of 1211 Uncertified Printout pursuant to this subsection (5) if the number of members participating in the video or audio conference equals the number necessary for a quorum pursuant to subsection (4) of this section. Source: L. 65: p. 1027, § 3. C.R.S. 1963: § 123-34-3. L. 67: p. 804, § 1. L. 73: p. 1293, § 1. L. 91: (1) to (3) amended, p. 897, § 34, effective June 5. L. 97: (2)(b) and (2)(c) amended, p. 957, § 1, effective May 21. L. 99: (5) added, p. 126, § 1, effective March 24. L. 2003: (2)(e) amended, p. 671, § 1, effective August 6. L. 2013: (5) amended, (SB 13-015), ch. 52, p. 176, § 2, effective August 7. 22-5-105. Organization of board of cooperative services - meetings. (1) (a) At its first meeting, the members of the board of cooperative services elected as set forth in section 225-104 shall elect from their membership a president, a vice-president, a secretary, and a treasurer, whose terms of office are for two years, unless their terms of office as board members expire earlier, in which case the officership shall similarly expire. The duties of the president, vice-president, secretary, and treasurer of the board of cooperative services are the same as set forth for similar offices of boards of education in sections 22-32-105 to 22-32-107. Similarly, meetings of the board of cooperative services are called, held, and conducted as set forth in section 22-32-108; except that, pursuant to section 22-5-104 (5), a board of cooperative services may conduct meetings electronically, including by using video or audio conferencing technology. (b) A board of cooperative services that includes in its membership at least one school district that the department of education determines is rural, based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area, and that enrolls six thousand five hundred or fewer students in kindergarten through twelfth grade, may provide notice of special meetings by electronic mail as provided in section 22-32-108 (2)(b). (2) At each meeting at which a board of cooperative services elects officers, each board member shall sign an affidavit stating that the board member is aware of and will comply with the confidentiality requirements and restrictions applicable to executive sessions of the board, as described in section 24-6-402, C.R.S., regardless of whether the board member participates in the executive session in person or electronically in accordance with a policy adopted pursuant to section 22-5-104 (5). The board of cooperative services shall keep and preserve the affidavits with the minutes of board meetings and other board documents. Source: L. 65: p. 1028, § 4. C.R.S. 1963: § 123-34-4. L. 91: Entire section amended, p. 898, § 35, effective June 5. L. 99: Entire section amended, p. 127, § 2, effective March 24. L. 2013: Entire section amended, (SB 13-015), ch. 52, p. 177, § 3, effective August 7. L. 2015: (1) amended, (HB 15-1321), ch. 217, p. 798, § 6, effective May 22. 22-5-105.5. Regional education and support services plan - submittal recommendations. (Repealed) Source: L. 92: Entire section added, p. 468, § 1, effective May 29; (4) and (5) amended, p. 2183, § 61, effective June 2. Colorado Revised Statutes 2019 Page 118 of 1211 Uncertified Printout Editor's note: Subsection (6) provided for the repeal of this section, effective July 1, 1994. (See L. 92, p. 468.) 22-5-106. Financing, budgeting, and accounting. (1) (a) Financing of the services performed under the direction of the board of cooperative services shall be by contributions from available moneys in any funds, which may be legally expended for such services, of the participating members on the basis of a proportionality agreed upon by the participating members and from the boards of cooperative services. (b) A board of cooperative services may finance all or a portion of the costs of an approved career and technical education program from funds received pursuant to article 8 of title 23. (2) A board of cooperative services shall adopt a budget and an appropriation resolution prior to the beginning of the fiscal year for which adopted. (3) A board of cooperative services shall follow the provisions of the "School District Budget Law of 1964", being part 1 of article 44 of this title, wherever such provisions are applicable; except that the provisions of sections 22-44-112 (3)(c), (4), and (6) and 22-44-115 (4) shall not apply to a board of cooperative services. Source: L. 65: p. 1028, § 5. C.R.S. 1963: § 123-34-5. L. 67: p. 793, § 1. L. 71: p. 1176, § 1. L. 73: p. 1293, § 2. L. 90: (2) amended, p. 1080, § 33, effective May 31. L. 91: (1) amended, p. 899, § 36, effective June 5. L. 2005: (1) amended, p. 435, § 10, effective April 29. L. 2017: (1)(b) amended, (SB 17-294), ch. 264, p. 1394, § 42, effective May 25. 22-5-106.5. Short-term loans. A board of cooperative services may, upon approval of its members, negotiate or contract with any person, corporation, association, or company for a loan not to exceed the difference between the anticipated revenues for the current fiscal year for the budget of the board of cooperative services and the amount credited to date to said budget in order to pay current obligations. Such loan shall be liquidated within six months thereafter from moneys subsequently credited to said budget. The total principal, interest, and fees to be paid on such loan shall not exceed the total amount of the authorized budget for the same length of time. Source: L. 77: Entire section added, p. 1035, § 1, effective May 7. L. 91: Entire section amended, p. 899, § 37, effective June 5. 22-5-107. Duties of board of cooperative services. In addition to any other duty required to be performed by law, the board of cooperative services shall have the same duties as those for boards of education as set forth in section 22-32-109 (1)(a) to (1)(m), (1)(q), (1)(r), and (1)(pp) and section 22-9-106. Source: L. 65: p. 1029, § 6. C.R.S. 1963: § 123-34-6. L. 92: Entire section amended, p. 471, § 1, effective April 29. L. 2019: Entire section amended, (SB 19-057), ch. 35, p. 114, § 7, effective August 2. Colorado Revised Statutes 2019 Page 119 of 1211 Uncertified Printout 22-5-108. Powers of board of cooperative services. (1) In addition to any other powers granted by law, the board of cooperative services shall have the following specific powers, to be exercised in its judgment: (a) Those powers set forth for boards of education in section 22-32-110 (1)(b) to (1)(k), (1)(n) to (1)(q), (1)(s) to (1)(w), (1)(y), (1)(aa) to (1)(ee), and (1)(jj), and in sections 22-32-113, 22-32-114, 22-32-116 to 22-32-118, 22-32-120 to 22-32-122, and 22-32-124; (b) To take and hold in the name of the board of cooperative services so much real and personal property as may be reasonably necessary for any purpose authorized by law; (c) To operate schools and classes as authorized by the members; (d) To determine which programs and facilities of the board of cooperative services shall be operated and maintained; (e) To award diplomas or certificates of accomplishment as authorized by the members; (f) To exclude from any library operated by the board of cooperative services any books, magazines, papers, or other publications which, in the judgment of the board, are of immoral or pernicious nature; (g) To select a depositary for moneys belonging to the board of cooperative services, and to invest any funds on hand which are not then needed in the conduct of its affairs in any securities which are legal investments for the state and its political subdivisions, pursuant to part 6 of article 75 of title 24, C.R.S.; (h) To enter into contracts and to receive federal matching funds for moneys spent in providing student health services pursuant to section 25.5-5-301 (6) or 25.5-5-318, C.R.S.; (i) To contract with a district charter school or an institute charter school pursuant to section 22-30.5-104 (7)(b) or 22-30.5-507 (8)(b), respectively, for the use of a school building and grounds, the operation and maintenance of the building and grounds, and the provision of any service, activity, or undertaking that the district charter school or institute charter school is required to perform to carry out the educational program described in its charter contract. Source: L. 65: p. 1029, § 7. C.R.S. 1963: § 123-34-7. L. 67: p. 805, § 2. L. 69: p. 1032, § 2. L. 73: p. 1293, § 3. L. 97: (1)(h) added, p. 1138, § 6, effective May 28. L. 2006: (1)(h) amended, p. 2005, § 63, effective July 1. L. 2010: (1)(i) added, (SB 10-111), ch. 170, p. 599, § 1, effective August 11; (1)(i) added, (SB 10-161), ch. 250, p. 1116, § 4, effective August 11. L. 2017: (1)(a) amended, (HB 17-1301), ch. 201, p. 746, § 4, effective August 9. Editor's note: Amendments to subsection (1)(i) by Senate Bill 10-111 and Senate Bill 10-161 were harmonized. 22-5-109. Matching power. The board of cooperative services shall be authorized to use the contributions from the participating members to match state and federal funds, or funds from any other agencies when applicable, when the acceptance of financial assistance from such other agencies requires matching of funds as a condition of participating in services authorized by law. Source: L. 65: p. 1029, § 8. C.R.S. 1963: § 123-34-8. L. 91: Entire section amended, p. 899, § 38, effective June 5. Colorado Revised Statutes 2019 Page 120 of 1211 Uncertified Printout 22-5-110. State and federal payments. Any state or federal financial assistance which would accrue to an individual school district if it were performing a service performed under the direction of a board of cooperative services shall be apportioned by the appropriate state or federal agency to the participating school districts on the basis of the proportionality of the contributions of the participating school districts to the performance of the service or upon the basis of proportionality otherwise set forth by law. Source: L. 65: p. 1029, § 9. C.R.S. 1963: § 123-34-9. 22-5-111. Buildings and facilities. (1) A school district which is participating in a cooperative service agreement, when authorized by a vote of the eligible electors as provided in article 42 of this title, may contract for bonded indebtedness for the purpose of purchasing sites, constructing buildings or other structures, and equipping buildings which are necessary for the operation of a cooperative educational service program. The district which contracts for bonded indebtedness may charge the other members participating in the cooperative service agreement for the use of the building and equipment. The rental proceeds may be applied to the retirement of said bonded indebtedness. This article shall not be construed to create liability for retirement of such bonded indebtedness upon the other members participating in the cooperative service agreement. (2) The boards of education of the school districts participating in a cooperative service agreement may jointly, separately, or, after approval of each participating board of education, as a board of cooperative services construct, purchase, or lease sites, buildings, and equipment for the purpose of providing the facilities necessary for the operation of a cooperative service program at any appropriate location, whether within or without a school district providing the money for the facilities. School district moneys in any fund from which moneys may be legally expended for such facilities may be used for carrying out the provisions of this section. The provisions of sections 22-32-127 and 22-45-103 (1) shall apply to any installment purchase agreement or any lease or rental agreement, including but not limited to any sublease-purchase agreement entered into by a school district that is a member of a board of cooperative services pursuant to section 22-43.7-110 (2)(c), entered into by a board of cooperative services or by the boards of education of the school districts participating in a cooperative service agreement. No board of education of a school district participating in a cooperative service agreement shall make any levy for its bond redemption fund, or use any moneys in its bond redemption fund, except in accordance with the provisions of section 22-45-103 (1)(b). (3) The board of cooperative services, when authorized by a vote of the registered electors of all of the school districts participating in the agreement, may borrow any moneys available from the permanent school fund for purposes of purchasing sites and erecting buildings for use of the board of cooperative services. Repayment of such loans and interest thereon shall be by payments from the participating school districts on a proportion agreed upon by the boards of education of said participating school districts. Source: L. 65: p. 1029, § 10. C.R.S. 1963: § 123-34-10. L. 67: p. 793, § 2. L. 83: (2) amended, p. 743, § 1, effective June 1. L. 85: (2) amended, p. 733, § 4, effective May 31. L. 87: (1) and (3) amended, p. 305, § 22, effective July 1. L. 91: (1) amended, p. 899, § 39, effective Colorado Revised Statutes 2019 Page 121 of 1211 Uncertified Printout June 5. L. 93: (1) amended, p. 1780, § 44, effective June 6. L. 2008: (2) amended, p. 1065, § 9, effective May 22. 22-5-112. Veto power and dissolution. (1) A participating board may refrain from participating in a specific activity proposed by the board of cooperative services by giving due notice through a board resolution as may be provided in the bylaws of the board of cooperative services. (2) A participating board may withdraw from a board of cooperative services after having given due notice as provided in the bylaws of the board of cooperative services and after having satisfactorily completed all specific contracts to which it has become a party, or upon otherwise being released from its commitments by the board of cooperative services. (3) A board of cooperative services may be dissolved by its resolution upon the completion of all contracts or upon other adequate discharge of its obligations. Source: L. 67: p. 805, § 3. C.R.S. 1963: § 123-34-11. 22-5-113. Approval for postsecondary occupational programs. No board of cooperative services shall establish a new postsecondary program of occupational education without first obtaining approval from the state board for community colleges and occupational education. Source: L. 67: p. 447, § 24. C.R.S. 1963: § 123-34-12. Cross references: For the establishment of the state board for community colleges and occupational education, see § 23-60-104. 22-5-114. Eligibility for funds. (1) (a) Any board of cooperative services organized under the provisions of this article shall be eligible to receive such state moneys as may be available upon receiving approval by the state board. (b) Approval to receive state moneys under this subsection (1) does not constitute approval to receive state moneys pursuant to section 22-5-118. (2) Unless otherwise approved by the state board, to be eligible to receive state funds under this section and under section 22-5-118, a board of cooperative services shall meet all the following criteria: (a) It shall serve school districts with a combined total enrollment of not less than four thousand students; and (b) It shall either serve school districts in two or more counties or serve multiple school districts located in the same county. Source: L. 73: p. 1294, § 4. C.R.S. 1963: § 123-34-13. L. 96: Entire section amended, p. 977, § 2, effective May 23. L. 2001: (1)(a) amended, p. 352, § 16, effective April 16. L. 2003: (1)(a) amended, p. 2124, § 14, effective May 22. 22-5-114.5. Designation as local education agency - rules. (1) Any board of cooperative services may act as a local education agency for a participating member or Colorado Revised Statutes 2019 Page 122 of 1211 Uncertified Printout consortium of members that chooses to apply for, receive, or administer a grant through a grant program created by a federal or state statute or program. The provisions of this section shall not apply to federal formula grant moneys unless allowed by the "Elementary and Secondary Education Act of 1965", Pub.L. 89-10. (2) A board of cooperative services may apply to the department for federal or state moneys received by the department only with the approval of two or more of the BOCES member school districts that have expressly agreed to participate in a grant application through a vote by the board of directors of the board of cooperative services. If a board of cooperative services applies for state or federal grant moneys on behalf of participating member school districts, the participating member school districts are not eligible to apply for the same state or federal grant moneys. If a participating member school district of a BOCES expressly declines to participate in a grant application, that member school district is not precluded from applying for the same state or federal grant moneys as an individual school district. (3) A board of cooperative services may apply to any division within the department for any federal and state grant moneys for which it is eligible. All divisions within the department must treat boards of cooperative services as local education agencies and inform them of and allow them to apply for all federal and state grant moneys for which they are eligible. (4) An eligible grantee or consortium of grantees may designate a board of cooperative services as the fiscal manager for a state or federal grant. The grantee or consortium of grantees remains responsible for ensuring that all the requirements of the grant are met. (5) The state board may promulgate rules to establish processes and guidelines for a board of cooperative services to apply for state or federal grant moneys pursuant to this section. Source: L. 2013: Entire section added, (SB 13-002), ch. 65, p. 215, § 1, effective March 22. 22-5-115. Financing boards of cooperative services. (1) (a) No later than July 1, 1973, and July 1 of each year thereafter prior to July 1, 2007, the state board shall determine the number of eligible boards of cooperative services and, subject to available appropriations, award a ten-thousand-dollar grant to each such eligible board. For budget years commencing on or after July 1, 2007, the state board, subject to available appropriations, shall award at least ten thousand dollars to each eligible board of cooperative services. (b) If available moneys are insufficient to award each eligible board the amount specified in paragraph (a) of this subsection (1), the state board shall reduce proportionately all awards for eligible boards for that year. (2) The state board shall certify to the state treasurer the name and address of, and the amount payable to, each eligible board of cooperative services. Upon receipt of such certification, but no later than July 15, 1973, and July 15 of each year thereafter, the state treasurer shall make distribution of the amount so certified to the respective boards of cooperative services. (3) The general assembly shall annually make a separate appropriation to the state board to cover the estimated cost of the basic grants to eligible boards of cooperative services as set forth in subsection (1) of this section. (4) For budget years commencing on or after July 1, 1996, any amount received by a board of cooperative services pursuant to this section must be used to fund professional educator Colorado Revised Statutes 2019 Page 123 of 1211 Uncertified Printout development in standards-based education, as implemented through part 10 of article 7 of this title, in each school district that is a member of such board and in any nonmember school district that chooses to participate in a professional educator development program with any board of cooperative services. Source: L. 73: p. 1294, § 4. C.R.S. 1963: § 123-34-14. L. 93: (4) added, p. 1047, § 3, effective June 3. L. 97: (4) amended, p. 460, § 5, effective August 6. L. 2003: (1), (3), and (4) amended, p. 2124, § 15, effective May 22. L. 2006: (1) amended and (3) RC&RE, p. 1119, §§ 1, 2, effective May 25. L. 2015: (4) amended, (HB 15-1323), ch. 204, p. 721, § 23, effective May 20. 22-5-116. Corporate status of boards of cooperative services. Each regularly organized board of cooperative services formed at any time is hereby declared to be a body corporate and in its name may hold title to personal property for any purpose authorized by law, sue, and be a party to contracts for any purpose authorized by law. Source: L. 73: p. 1295, § 4. C.R.S. 1963: § 123-34-15. 22-5-117. Employment of teacher transferred from school district. Any teacher transferred from employment in a school district which is a member of a board of cooperative services to employment in said board of cooperative services shall retain the employment status he had attained prior to his transfer to the board of cooperative services, including credit for years of service as a probationary teacher, as provided in article 63 of this title, in the school district from which he transferred. Source: L. 73: p. 1295, § 4. C.R.S. 1963: § 123-34-17. L. 90: Entire section amended, p. 1131, § 9, effective July 1. 22-5-118. Implementation and financing of regional education and support services - plan - annual report. (1) The general assembly recognizes that the increasing number of students, the desire to reduce school districts' reliance on property taxes, the need to consolidate services rather than schools, and the limitations on state revenues require the boards of cooperative services to develop the highest possible efficiencies and most economic methods for school districts to deliver education and support services. The general assembly further recognizes that it is essential to assist school districts in providing educational services with the maximum economies of scale without violating the principle of local control. The general assembly therefore declares that using boards of cooperative services to assist in delivering education and support services furthers a valid public purpose and promotes a commitment to achieving efficiencies and economies in providing educational services. (2) Beginning fiscal year 1996-97 and for fiscal years thereafter, in addition to any state moneys received pursuant to section 22-5-115, a board of cooperative services may receive state moneys by submitting to the department of education a plan for the provision of education and support services programs, as specified in this section. Any amount appropriated to fund any education or support services program pursuant to this section shall be distributed by the department of education to each board of cooperative services that submits a plan. The amount Colorado Revised Statutes 2019 Page 124 of 1211 Uncertified Printout appropriated shall be divided equally based on the total number of students enrolled in the member school districts of the participating boards and distributed based on the number of students participating in the funded education or support services program from each member school district of each participating board. (3) (a) To receive funds under this section, a board of cooperative services, in cooperation with its participating school districts, the department of education, the Colorado commission on higher education, the state board for community colleges and occupational education, and postsecondary institutions, shall prepare and submit a plan to increase efficiencies and economies in providing education and support services to the board's participating school districts. (b) Each plan shall include but is not limited to measures concerning: (I) The enhancement of student achievement and instruction through cooperative research and development, the continuous upgrading of standards and assessment techniques, and the establishment of a regional curriculum center; (II) Staff development and training programs; (III) The development of improved communications through such methods as communications technology, distance learning, and media assistance; (IV) The use of federal and state categorical funds and the distribution and delivery of federal block grant moneys; (V) Data processing; (VI) Agreements to act as a regional administrative unit for transportation, cooperative purchasing, and other noninstructional support services, as may be appropriate; (VI.5) Agreements pertaining to the board's operations, if any, as a school food authority, pursuant to section 22-5-120; and (VII) Cooperative programs for students who are at risk of suspension or expulsion. (4) A board of cooperative services may contract with a school district that is not a member of the board of cooperative services to provide to the school district any of the services specified in the plan developed pursuant to this section. (5) The general assembly may appropriate moneys to the department of education for distribution to boards of cooperative services as provided in this section. Any moneys appropriated shall be in addition to any moneys appropriated pursuant to section 22-5-115. (6) (a) By July 1 of each year, each board of cooperative services that receives moneys pursuant to this section shall submit a report to the department of education concerning the programs and services funded by moneys received pursuant to this section. (b) Repealed. (7) The state board may adopt rules for the implementation of this section. Source: L. 96: Entire section added, p. 975, § 1, effective May 23. L. 98: (6)(b) repealed, p. 1075, § 1, effective June 1. L. 2006: (6)(a) amended, p. 597, § 7, effective August 7. L. 2010: (3)(b)(VI) amended and (3)(b)(VI.5) added, (HB 10-1335), ch. 326, p. 1512, § 2, effective August 11. 22-5-119. Statewide supplemental online and blended learning program - legislative declaration - contract - definitions. (1) The short title of this section is the "Empowering Digital Learning for All Act". Colorado Revised Statutes 2019 Page 125 of 1211 Uncertified Printout (2) (a) (I) The general assembly finds that: (A) The overwhelming influence of the rapidly evolving use of technology and the internet will render high-quality remote digital educational content almost cost-free after a period of declining costs. Access to digital content and educational courses is already an essential part of the higher education system but is not widely applied in elementary and secondary education. While some school districts have been able to keep pace with the changing context of public education, most have not. (B) The scope of the coming change in the delivery of public education services is massive and more far-reaching than the currently available constructs of online learning or blended learning. The scope of the change is such that the advances that the technology revolution brings must be equally available to students throughout Colorado who choose a blended learning environment. (C) The public education system must take advantage of this opportunity to significantly improve statewide educational equity by delivering educational services through the digital learning environment. It is likely that failure to embrace this change in the delivery of public education services will lead to a decline in the equity and quality of the system of public education in Colorado. (D) Colorado lacks a clearly articulated and accepted vision and plan to implement the shift in delivering educational services to a digital environment, which must occur to adequately prepare students for postsecondary success. It is crucial that the state identify a single public entity to provide leadership in designing and implementing a statewide plan for increasing the availability of supplemental online educational courses and blended learning for school districts, charter schools, and BOCES. (II) It is therefore in the best interests of the state to increase its investment in the expansion of affordable, high-quality supplemental online education courses and blended learning support for school districts, charter schools, and BOCES, especially those that lack the capacity to develop their own supplemental online education course offerings, by subsidizing the provision of supplemental online education courses, professional development, and technical assistance to implement supplemental online and blended learning statewide. (III) Due to its experience in assisting school districts with supplemental online education courses and blended learning in Colorado, it is further in the best interests of the state to designate a BOCES to articulate the statewide plan for supplemental online and blended learning and to lead, manage, and administer the statewide supplemental online and blended learning program in accordance with this section. (b) The general assembly declares that the amount necessary to implement the statewide supplemental online and blended learning program may be appropriated from federal mineral leasing revenues transferred to the state public school fund pursuant to section 34-63-102, C.R.S., and section 22-54-114 (1). (c) The general assembly further declares that, for purposes of section 17 of article IX of the state constitution, the statewide supplemental online and blended learning program is an important element in implementing accountable education reform and enabling school districts, charter schools, and BOCES to meet state academic standards and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution. (3) As used in this section, unless the context otherwise requires: Colorado Revised Statutes 2019 Page 126 of 1211 Uncertified Printout (a) "Administering BOCES" means the BOCES that the department designates as provided in subsection (4) of this section. (b) "Blended learning" means a formal education program through which a student learns at least in part through digital content with some element of student control and at least in part at a supervised physical location that is not the student's home. (c) "BOCES" means a board of cooperative services created pursuant to this article. (d) "Charter school" means a district charter school authorized pursuant to part 1 of article 30.5 of this title or an institute charter school authorized pursuant to part 5 of article 30.5 of this title. (e) "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S. (f) "Local public education agency" means a school district, BOCES, or charter school. (g) "Provider" means a nonprofit entity or a local public education agency that provides: (I) Supplemental online education courses that are taught by employees of the provider who are teachers licensed in Colorado pursuant to article 60.5 of this title; (II) Professional development resources for teachers; or (III) Consulting services for school districts, charter schools, and BOCES with regard to providing supplemental online education courses and blended learning. (h) "Small rural school district" means a school district in Colorado that the department determines is rural, based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area, and that enrolls fewer than one thousand students in kindergarten through twelfth grade. (i) "Statewide supplemental online and blended learning program" or "program" means the program described in subsection (4) of this section. (j) "Supplemental online education course" means an education course that is: (I) Taught by a teacher who is licensed pursuant to article 60.5 of this title; (II) Delivered via a technologically enhanced format to one or more students at a location that is remote from the delivery point; and (III) Developed by a school district, charter school, or BOCES or obtained from a provider to augment the education program provided by the school district, charter school, or BOCES. (4) (a) The department, in consultation with the statewide association of BOCES, shall designate a BOCES to lead, manage, and administer the statewide supplemental online and blended learning program as provided in this section. In administering the program, the BOCES, subject to available appropriations, shall select and contract with providers in accordance with subsection (6) of this section to provide the resources described in paragraph (b) of subsection (5) of this section. At least every five years, the department, in consultation with the statewide association of BOCES, shall review the designation of the administering BOCES and may continue the designation or select a different BOCES. (b) The administering BOCES shall manage and administer the program to achieve, at a minimum, the following goals: (I) Expanding the availability of supplemental online education courses and blended learning strategies; (II) Increasing significantly the number of students who enroll in high-quality, effective, and affordable supplemental online education courses; Colorado Revised Statutes 2019 Page 127 of 1211 Uncertified Printout (III) Working with school districts, charter schools, and BOCES to create, offer, and sustain their own high-quality, effective, and affordable supplemental online education courses and blended learning, as well as targeted professional development and mentoring support; (IV) Assisting educators in local public education agencies to increase their competency specifically in using digital learning strategies to lead and instruct in, and otherwise implement, digital learning; and (V) Documenting and sharing best practices in providing supplemental online education courses and blended learning. (5) (a) In leading the statewide supplemental online and blended learning program, the administering BOCES, in partnership with the commissioner of education, the state board of education, and one or more private, nonprofit entities, shall prepare a plan for integrating supplemental online and blended learning into the educational programs provided by school districts, charter schools, and BOCES. Each school district, charter school, and BOCES may determine the extent to which it participates in the statewide plan. (b) The administering BOCES shall ensure that, through the program, all school districts, charter schools, and BOCES in the state have access to: (I) Supplemental online and blended learning resources, including, at a minimum, supplemental online education courses available from contract providers or from a school district, charter school, or BOCES and a library of digital course content; (II) Professional development resources for teachers, including resources for certifying teachers' ability to successfully integrate supplemental online and blended learning resources into school-building-based educational programs; and (III) Consulting assistance for school districts, charter schools, and BOCES that choose to use supplemental online and blended learning for students, including an inventory of successful models for integrating supplemental online education courses and blended learning into school-building-based educational programs. (c) The administering BOCES shall actively market to school districts, charter schools, and BOCES the availability of resources through the statewide supplemental online and blended learning program. (d) The administering BOCES may enter into an agreement with the statewide internet portal authority created in article 37.7 of title 24, C.R.S., to provide the platform for accessing services and programs available through the statewide supplemental online and blended learning program. (6) (a) The administering BOCES shall establish a fair and transparent request for proposal process to use when selecting providers to provide resources as described in paragraph (b) of subsection (5) of this section through the statewide supplemental online and blended learning program. The request for proposal process must include input from a review committee as described in paragraph (b) of this subsection (6) that the administering BOCES convenes as needed. (b) The review committee consists of: (I) A representative from the administering BOCES; (II) A representative from the office in the department responsible for online and blended learning; (III) The following members selected jointly by the administering BOCES and the department: Colorado Revised Statutes 2019 Page 128 of 1211 Uncertified Printout (A) A national expert in online and blended learning; (B) An administrator from a school that is designated an alternative education campus as provided in section 22-7-604.5; and (C) An administrator from a school that obtains online or blended services through the program; and (IV) Two educators as follows: (A) One educator appointed by the governor, or his or her designee, who has experience with supplemental online education or blended learning; and (B) One educator selected by the department who is employed in a small rural school district. The department is encouraged to select an educator who has experience with supplemental online education or blended learning. (c) The review committee shall review all proposals using established rubrics and shall recommend one or more providers for approval to the administering BOCES. If the administering BOCES chooses not to follow the recommendations of the review committee concerning a provider, it shall provide the review committee with a written explanation of the rationale for the decision. (d) A provider that the administering BOCES contracts with pursuant to this subsection (6) may subcontract with one or more for-profit or nonprofit entities, local public education agencies, or private organizations in meeting the obligations of its contract with the administering BOCES. (7) Supplemental online education courses must be provided to a school district, charter school, or BOCES at an affordable total program cost for high-quality, accredited courses with local support. (8) Each high school student in Colorado may take at least one supplemental online course per year. Each supplemental online course contract provider shall report to the administering BOCES information concerning the students who participate in the supplemental online courses to enable the administering BOCES to track the students' academic performance in the supplemental online courses. The administering BOCES shall annually collect data related to completion and passage rates from the providers contracted to provide supplemental online and blended learning and report that data to the department. The department shall collect the data through existing student data collection systems and in compliance with all state and federal laws and regulations concerning the privacy of information, including but not limited to the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g, as amended. (9) The general assembly shall annually appropriate to the department for allocation to the administering BOCES an amount sufficient to administer the statewide supplemental online and blended learning program and fund the contracts entered into with providers pursuant to this section. The administering BOCES may expend up to ten percent of the amount annually appropriated to offset its costs incurred in leading, managing, and administering the program. (10) (a) On or before March 15, 2017, and on or before March 15 each year thereafter, the administering BOCES shall submit to the education committees of the house of representatives and the senate, or any successor committees, the joint budget committee of the general assembly, the state board of education, and the department a report concerning implementation and use of the statewide supplemental online and blended learning program for the preceding school year. Colorado Revised Statutes 2019 Page 129 of 1211 Uncertified Printout (b) This subsection (10) is exempt from the provisions of section 24-1-136 (11), C.R.S., and the annual reporting requirements of this subsection (10) are effective until changed by the general assembly acting by bill. Source: L. 2007: Entire section added, p. 1093, § 1, effective May 23. L. 2010: (6) repealed, (HB 10-1037), ch. 43, p. 169, § 2, effective March 29. L. 2012: IP(3) amended, (HB 12-1345), ch. 188, p. 716, § 4, effective May 19. L. 2013: (1)(a)(I)(A), (1)(a)(II), (1)(a)(III), (3), (4), IP(5), (5)(j), and (5)(l) amended and (1)(a.5), (3.3), and (3.5) added, (SB 13-139), ch. 128, p. 427, § 1, effective August 7. L. 2016: Entire section amended, (HB 16-1222), ch. 334, p. 1356, § 1, effective June 10. L. 2017: (8) amended, (SB 17-294), ch. 264, p. 1394, § 43, effective May 25. 22-5-120. School food authority operations - contracts for provision of food and beverages. (1) Each board of cooperative services is authorized to maintain, equip, and operate a food-service facility as a school food authority, as defined in section 22-32-120 (8). (2) Each board of cooperative services that elects to operate as a school food authority is encouraged to procure and distribute to schools of its constituent school districts food and beverages that: (a) Satisfy nutritional standards established by the United States department of agriculture; and (b) Have been locally grown or produced. (3) Each board of cooperative services that elects to operate as a school food authority may seek, accept, and expend gifts, grants, and donations to facilitate its operations as a school food authority; except that a board of cooperative services shall not accept a gift, grant, or donation if it is subject to conditions that are inconsistent with this article or any other law of the state. Source: L. 2010: Entire section added, (HB 10-1335), ch. 326, p. 1507, § 1, effective August 11. 22-5-121. BOCES healthy food grant program - application process - fund - rules repeal. (Repealed) Source: L. 2010: Entire section added, (HB 10-1335), ch. 326, p. 1508, § 1, effective August 11. Editor's note: Subsection (8) provided for the repeal of this section, effective July 1, 2015. (See L. 2010, p. 1508.) 22-5-122. Assistance for implementing and meeting state educational priorities financing. (1) (a) For the 2012-13 fiscal year and each fiscal year thereafter, a BOCES may receive state moneys in addition to any other moneys received pursuant to this article by submitting a plan to the state board, in a form and manner specified by rule of the state board, that details how the BOCES will use the additional moneys to assist its participating school districts in implementing and meeting the state's educational priorities as determined by the Colorado Revised Statutes 2019 Page 130 of 1211 Uncertified Printout commissioner of education pursuant to subsection (2) of this section. The state board may specify additional information that a BOCES is required to include in a plan submitted pursuant to this paragraph (a). (b) For the 2012-13 fiscal year, a BOCES that seeks additional moneys shall submit a plan pursuant to paragraph (a) of this subsection (1) to the state board on or before August 1, 2012. For the 2013-14 fiscal year and each fiscal year thereafter, a BOCES that seeks additional moneys shall submit a plan pursuant to paragraph (a) of this subsection (1) to the state board on or before May 1 of the preceding fiscal year. (c) For the 2013-14 fiscal year, and each fiscal year thereafter, if a BOCES that submits a plan to the state board pursuant to paragraph (a) of this subsection (1) also submitted a plan in the previous fiscal year, the BOCES shall include a report detailing the results of the previous year's plan in its new plan submission. (2) On or before June 1, 2012, on or before March 1, 2015, and on or before March 1 every third year thereafter, the commissioner of education, in consultation with a statewide association in the state that represents one or more BOCES in the state and a council created by the commissioner of education that advises the commissioner and the department of education regarding the needs and concerns of rural school districts in the state, shall determine the state's educational priorities for the purposes of this section. The priorities may include, but need not be limited to, educator effectiveness, school district accreditation and accountability, and standards and assessments for preschool through elementary and secondary education. (3) A BOCES may develop a memorandum of understanding with a school district that is contiguous to the area of the BOCES, but that is not a member of the BOCES, to enable the district to participate with the BOCES in the plan submitted pursuant to subsection (1) of this section. In addition, two or more adjoining BOCES may collaborate regarding the implementation of a plan submitted pursuant to this section. (4) (a) The department of education shall establish a method to allow the member school districts of a BOCES that chooses not to submit a plan pursuant to paragraph (a) of subsection (1) of this section to submit a plan as a consortium of districts or as a newly formed BOCES to the state board and to receive moneys to assist the districts in implementing and meeting the state educational priorities as determined pursuant to subsection (2) of this section. (b) A member district of a BOCES that has submitted a plan pursuant to subsection (1) of this section may choose not to participate in the BOCES plan to assist the member districts in implementing and meeting the state's educational priorities. If a member district chooses not to participate, the BOCES shall work with the other member districts in the BOCES to implement the plan. (5) (a) The general assembly may appropriate moneys to the department of education for the purposes of this section. Of the amount appropriated, the department may retain up to one hundred twenty thousand dollars annually for the purpose of funding a departmental liaison for rural school districts and up to fifty thousand dollars annually for the purpose of funding the department's ongoing support of a council created by the commissioner of education that advises the commissioner and the department regarding the needs and concerns of rural school districts. The department shall distribute the remaining amount as specified in paragraph (b) of this subsection (5). Colorado Revised Statutes 2019 Page 131 of 1211 Uncertified Printout (b) The department of education shall distribute the remaining amount appropriated by the general assembly for the purposes of this section, after subtracting the amounts specified in paragraph (a) of this subsection (5), as follows: (I) Equally distribute forty-five percent to the BOCES that submit plans pursuant to subsection (1) of this section; (II) Distribute forty-five percent based on the total number of member school districts of the participating BOCES and nonmember school districts that participate with the BOCES as detailed in a memorandum of understanding entered into pursuant to subsection (3) of this section; and (III) Distribute ten percent based on the total number of students enrolled in the member school districts of the participating BOCES and enrolled in the nonmember school districts that participate with the BOCES as detailed in a memorandum of understanding entered into pursuant to subsection (3) of this section. (c) Any state moneys appropriated by the general assembly for the purposes of this section shall not be used to supplant the level of state moneys appropriated to support and for use by BOCES during the 2011-12 fiscal year. (6) The state board shall promulgate rules pursuant to the "State Administrative Procedure Act", article 4 of title 24, C.R.S., for the administration of this section. (7) The general assembly finds and declares that, for purposes of section 17 of article IX of the state constitution, a program to assist school districts in implementing and meeting the state's educational priorities is a program for accountable education reform and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution. Source: L. 2012: Entire section added, (HB 12-1345), ch. 188, p. 717, § 5, effective May 19. ARTICLE 5.5 Regional Service Areas Act 22-5.5-101. Short title. This article shall be known and may be cited as the "Regional Service Areas Act". Source: L. 2008: Entire article added, p. 1693, § 1, effective June 2. 22-5.5-102. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) Colorado should align its education system to maximize the state's limited resources in improving student achievement and closing the learning gap; (b) One of the most effective ways to align the state's education system and maximize resources is to expand the department of education's eight existing regional service areas to twelve regional service areas, and to include in the expansion process representation from community and local district colleges, technical colleges, state institutions of higher education, early childhood councils, and business and industry; Colorado Revised Statutes 2019 Page 132 of 1211 Uncertified Printout (c) Colorado experimented with successful results with regional consortiums for professional development during 2000 and 2001 as a means to deliver professional development programs across school district lines in an efficient and effective manner; (d) Regions can serve as an efficient and effective link between the state, the department of education, boards of cooperative services, administrative units, school districts, state institutions of higher education, and business and industry to leverage and implement scarce resources for education reform initiatives at state, regional, and local levels; (e) A regional service area system would extend and expand service delivery in many areas, including but not limited to data centers, financial services, cooperative purchases, technological support, capital construction planning assistance, dropout prevention, early childhood and preschool programs, postsecondary partnerships and student transitions into postsecondary schools, professional development, curriculum and instructional expertise and support, and shared administration and services among school districts; (f) Funding for regional service areas should be consistent and sustainable over time; (g) School districts, boards of cooperative services, administrative units, community colleges, local district colleges, technical colleges, postsecondary institutions, early childhood councils, and representatives from business and industry located within the same geographic area should work collaboratively to develop a regional plan that meets the needs of participants in order to increase the effectiveness of a regional system. (2) The general assembly therefore declares that it is in the best interest of the state of Colorado and its citizens to assist in providing a thorough and uniform educational system by creating a system of regional service areas that utilizes existing relationships to provide programs and services beyond the boundaries of the current twenty-one boards of cooperative services, fifty-seven administrative units, and one hundred seventy-eight school districts. (3) The general assembly further finds and declares that, for purposes of section 17 of article IX of the state constitution, the establishment of twelve regional service areas which will effectively align the state's education system and maximize resources is a critical element of accountable education reform, accountable programs to meet state academic standards, expanding technology education, improving student safety, expanding the availability of preschool and kindergarten programs, and accountability reporting and, therefore, may receive funding from the state education fund created in section 17 (4) of article IX of the state constitution. Source: L. 2008: Entire article added, p. 1693, § 1, effective June 2. 22-5.5-103. Definitions. As used in this article, unless the context otherwise requires: (1) "Administrative unit" means a school district, a board of cooperative services, or the state charter school institute, that is providing educational services to exceptional children. (2) "Board" means the board of education of a school district. (3) "Board of cooperative services" means a regional educational service unit created pursuant to article 5 of this title. (4) "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S. (5) "Postsecondary institution" means a community or technical college, a local district college, or a state-supported institution of higher education. Colorado Revised Statutes 2019 Page 133 of 1211 Uncertified Printout (5.5) "Pupil enrollment count day" has the same meaning as set forth in section 22-54103 (10.5). (6) "Regional service area" means one of twelve regional service areas created pursuant to section 22-5.5-104. (7) "Regional service council" means the governing body of a regional service area plan, which governing body is established pursuant to section 22-5.5-105. (8) "School district" means a school district existing pursuant to law. (9) "State board" means the state board of education created and existing pursuant to section 1 of article IX of the state constitution. Source: L. 2008: Entire article added, p. 1695, § 1, effective June 2. L. 2012: (5.5) added, (HB 12-1090), ch. 44, p. 150, § 4, effective March 22. 22-5.5-104. Regional service areas - creation - rules. (1) On or before December 1, 2008, the state board, in consultation with the department, school districts, and boards of cooperative services, shall divide the state into twelve regional service areas throughout the state. Each regional service area shall consist of at least two school districts and one or more boards of cooperative services. (2) The state board and the department shall consult with the department of higher education and the governor's office to establish the state's education initiatives, including priorities for preschool through postsecondary education. (3) On or before December 1, 2008, the state board shall promulgate rules for the development, expansion, implementation, and management of the regional service areas created pursuant to this article. Source: L. 2008: Entire article added, p. 1695, § 1, effective June 2. 22-5.5-105. Regional service areas - establishment - plan - governance. (1) (a) Following the creation of the twelve regional service areas by the state board pursuant to section 22-5.5-104, but on or before June 30, 2009, individuals in a regional service area may organize a regional service area. Participants in a regional service area may include, but need not be limited to, representatives from school districts, boards of cooperative services, administrative units, early childhood councils, postsecondary institutions, business and industry, other education agencies in the regional service area, teachers, and parents. A regional service area plan shall be governed by no more than one regional service council. (b) Participation by school districts or boards of cooperative services in a regional service area is voluntary. (2) (a) Each plan for a regional service area shall be administered by a locally appointed regional service council, representing the following entities within the regional service area and composed of a minimum of five members; except that a regional service council initially formed or reorganized on or after August 5, 2009, shall be composed of a minimum of six members as follows: (I) Each participating board of cooperative services shall appoint at least one council member. A board of cooperative services that has more than five member districts shall appoint Colorado Revised Statutes 2019 Page 134 of 1211 Uncertified Printout an additional council member. The terms shall run coterminously with the council member's term on his or her board. (II) Each board of cooperative services superintendent advisory council within a regional service area shall appoint two superintendents or their designees to serve on the regional service council. A superintendent advisory council that has more than five members shall appoint an additional superintendent or his or her designee to the regional service council. The superintendents or their designees shall each represent a participating school district. (III) Each school district that chooses to participate in the regional service area and that is not a member of a board of cooperative services within the regional service area shall appoint one board member, superintendent, or designee to the regional service council. The terms shall run coterminously with the council member's term on his or her board, if applicable. (IV) The regional service council, within ninety days after its initial formation and each time the regional service council reorganizes thereafter, shall appoint one council member representing business and industry, one council member representing each existing early childhood council from within the regional service area, and, for a regional service council initially formed or reorganized on or after August 5, 2009, one council member who is a parent of a student enrolled in a public preschool, elementary, secondary, or postsecondary institution located within the regional service area. (V) Each four-year institution of higher education, each community college, and each technical college within the regional service area may appoint a trustee or advisory council member, or the president of the institution or his or her designee, to serve on the regional service council. (VI) The department of education regional manager for the regional service area and the executive director for any board of cooperative services in the regional service area shall serve as ex-officio, nonvoting members of the regional service council. (b) The regional service council shall have the authority to set terms of office, organize, have meetings, and accept moneys and shall be accountable for funding and programs. (3) To receive funding pursuant to section 22-5.5-106 (2) and (3), the regional service council on behalf of each regional service area shall submit a plan to the state board for approval on or before June 30, 2009. The plan shall address the needs of large and small school districts within the regional service area and focus on increasing effectiveness and efficiencies in providing education and services throughout the region. The plan shall include, at a minimum: (a) A list of representatives from various educational agencies and business and industry in the regional service area; (b) A description of how the regional service area intends to use and develop state, regional, and local expertise; (c) An outline of available funding sources, including local and regional contributions, federal moneys, and any available state resources; (d) A description of how the agencies within the regional service area will coordinate and collaborate to enhance effectiveness and efficiencies among and between regional service areas; (e) A strategy to address the needs of participating school districts within the regional service area; (f) A budget outlining projected expenditures by the regional service area; and (g) Accountability criteria associated with the plan, including but not limited to: Colorado Revised Statutes 2019 Page 135 of 1211 Uncertified Printout (I) Evaluation of alignment with established state priorities; (II) Rationale for selection of priorities based upon regional needs assessment data; (III) Goals that are specific, measurable, achievable, and realistic, all within an established time frame; (IV) Specific outcomes demonstrated with effectiveness and efficiencies; (V) An evaluation process and criteria; and (VI) Budget alignment with priorities and activities. (4) (a) Each regional service council shall submit a plan developed pursuant to subsection (3) of this section to the state board for approval as a prerequisite to the receipt of state moneys pursuant to this article. (b) On or before August 1, 2009, the state board shall notify each regional service council that submitted a plan for a regional service area of its approval or rejection. Source: L. 2008: Entire article added, p. 1695, § 1, effective June 2. L. 2009: IP(2)(a) and (2)(a)(IV) amended, (SB 09-090), ch. 291, p. 1439, § 4, effective August 5. 22-5.5-106. Funding. (1) On or before June 30, 2009, a regional service council may apply to the state board on behalf of a regional service area for a one-time grant of up to ten thousand dollars for direct reimbursement of expenses related to the development of the plan for the regional service area. The state board shall provide an applying regional service council with the one-time grant for reimbursement of expenses related to the development of the plan no later than thirty days following the submission of the grant application. (2) If the plan for a regional service area is approved by the state board pursuant to section 22-5.5-105, on or after July 1, 2009, and annually thereafter, the state board shall award to the regional service area a grant of up to fifty thousand dollars, subject to available appropriations by the general assembly. If available moneys are insufficient to award each eligible regional service area a full fifty-thousand-dollar grant, the state board shall reduce proportionately all grant awards for eligible regional service areas for that year. A regional service council may choose not to accept funding on behalf of the regional service area if the prorated amount is insufficient to allow the regional service area to function effectively. (3) In addition to the grants described in subsections (1) and (2) of this section, on or after July 1, 2009, and annually thereafter, the department shall, subject to available appropriations, allocate to each eligible regional service area an amount equal to up to fifty cents per pupil based on the pupil enrollment for each school district in the regional service area as of the pupil enrollment count day of the previous year. (4) Funding for a regional service area after the first grant pursuant to this section is contingent upon the successful implementation of the regional service area's plan, as evaluated by the state board and the department. The state board shall annually notify each regional service council on or before September 1 regarding whether the regional service area will receive moneys pursuant to subsections (2) and (3) of this section in the coming year and the amounts. (5) A regional service council may use a maximum of ten percent of the amount annually received by the regional service area for grant management and fiscal oversight. For regions with a total pupil enrollment of less than fifteen thousand students, the regional service council may use up to twenty percent of the amount annually received by the regional service area for grant management and fiscal oversight. Colorado Revised Statutes 2019 Page 136 of 1211 Uncertified Printout (6) Each regional service council that receives funding on behalf of a regional service area pursuant to subsections (2) and (3) of this section shall submit to the department a revised annual budget on or before March 1, 2010, and on or before March 1 each year thereafter. If a regional service council expects to exceed by more than ten percent the projected expenditures specified in the budget included in the original plan submitted to the state board pursuant to section 22-5.5-105, the regional service council shall seek prior approval for the expenditure from the department. (6.5) Each regional service council is authorized to seek and accept gifts, grants, or donations from private or public sources for the purposes of this article; except that a gift, grant, or donation shall not be accepted if the conditions attached to the gift, grant, or donation require its expenditure in a manner contrary to law. Any gifts, grants, or donations received by a regional service council shall be submitted directly to the board of cooperative services that is acting as the regional service council's fiscal agent pursuant to subsection (7) of this section. (7) Each regional service council shall select one board of cooperative services in the regional service area to act as its fiscal agent to receive the moneys from the state treasurer or any gifts, grants, or donations accepted pursuant to subsection (6.5) of this section. Source: L. 2008: Entire article added, p. 1698, § 1, effective June 2. L. 2010: (4) amended, (HB 10-1013), ch. 399, p. 1908, § 22, effective June 10. L. 2012: (3) amended, (HB 12-1090), ch. 44, p. 150, § 5, effective March 22. 22-5.5-107. Regional service areas - programs and services. (1) A regional service area may provide any of the following services and programs, including but not limited to: (a) Data and assessment centers; (b) Shared financial services among school districts and boards of cooperative services; (c) Cooperative purchases; (d) Technology infrastructure and support; (e) Distance, online learning, and other alternative learning opportunities for students; (f) Precollegiate programs, counseling, and dropout prevention; (g) Capital construction planning assistance; (h) Curriculum and instructional expertise and support; (i) Professional development for teachers and administrators; (j) Regional and state initiatives; (k) Shared administration and support services for school districts; (l) Early childhood and preschool programs; and (m) Postsecondary partnerships and services to support student transitions into postsecondary schools. Source: L. 2008: Entire article added, p. 1699, § 1, effective June 2. 22-5.5-108. Reporting requirements. On or before July 1 of the year following the approval of a regional service area's plan pursuant to section 22-5.5-105, and on or before January 1 each year thereafter, the regional service council shall submit a written report on behalf of the regional service area to the state board and the department summarizing its activities for the calendar year, especially those activities related to the measurable goals and Colorado Revised Statutes 2019 Page 137 of 1211 Uncertified Printout objectives outlined in the plan, a summary of any efficiencies or improved effectiveness achieved at the district or regional level by the regional service area, and any proposed amendments to the plan originally submitted to the state board pursuant to this article. Source: L. 2008: Entire article added, p. 1700, § 1, effective June 2. ARTICLE 6 Comprehensive Educational Planning 22-6-101 to 22-6-113. (Repealed) Source: L. 84: Entire article repealed, p. 584, § 1, effective March 19. Editor's note: This article was numbered as article 43 of chapter 123 in C.R.S. 1963. For amendments to this article prior to its repeal in 1984, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. ARTICLE 7 Educational Accountability Editor's note: This article was numbered as article 41 of chapter 123 in C.R.S. 1963. This article was amended with relocations in 1997, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1997, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. PART 1 LOCAL ACCOUNTABILITY PROGRAMS 22-7-101 to 22-7-107. (Repealed) Source: L. 2009: Entire part repealed, (SB 09-163), ch. 293, p. 1525, § 5, effective May 21. Editor's note: This article was amended with relocations in 1997, and this part 1 was subsequently repealed in 2009. For amendments to this part 1 prior to its repeal in 2009, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume and the editor's note following the article heading. Colorado Revised Statutes 2019 Page 138 of 1211 Uncertified Printout PART 2 EDUCATIONAL ACHIEVEMENT 22-7-201 to 22-7-207. (Repealed) Source: L. 2009: Entire part repealed, (SB 09-163), ch. 293, p. 1525, § 5, effective May 21. Editor's note: This article was amended with relocations in 1997, and this part 2 was subsequently repealed in 2009. For amendments to this part 2 prior to its repeal in 2009, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume and the editor's note following the article heading. PART 3 COLORADO STATE ADVISORY COUNCIL FOR PARENT INVOLVEMENT IN EDUCATION Editor's note: This article was amended with relocations in 1997, and this part 3 was repealed in 1997 and subsequently recreated and reenacted in 2009, resulting in the addition, relocation, and elimination of sections as well as subject matter. For additional historical information concerning this article, see the editor's note following the article heading. 22-7-301. Legislative declaration. (1) The general assembly hereby finds that: (a) Although education reform efforts are ongoing at both the state and local levels, Colorado continues to experience an unacceptably high dropout rate, inequalities in the academic achievement levels of students from different racial and socioeconomic groups, and low rates of enrollment and persistence in postsecondary education; (b) To accomplish the goals of reducing the dropout rate, reducing the gaps in academic achievement and growth among student groups, and increasing the number of students who continue into higher education following high school graduation or completion, the state must look to additional strategies for improving public education; (c) Studies show that, when parents are involved as partners with their children's schools, students achieve higher levels of academic performance, students demonstrate better attendance and homework completion, and students are less likely to dropout of school; (d) Students from diverse cultural backgrounds tend to perform better academically when their parents and the professionals at their schools collaborate to bridge the gap between the culture at home and that at the school; and (e) Secondary students whose parents are involved with their schools make better transitions into postsecondary education, maintain the quality of their academic work, and are more like to develop realistic plans for their futures. (2) The general assembly therefore finds that it is in the best interests of the state to create a state advisory council for parent involvement in education that will review best practices and recommend to policy makers and educators strategies to increase parent involvement in Colorado Revised Statutes 2019 Page 139 of 1211 Uncertified Printout public education, thereby helping to improve the quality of public education and raise the level of students' academic achievement throughout the state. Source: L. 2009: Entire part RC&RE, (SB 09-090), ch. 291, p. 1426, § 1, effective August 5. 22-7-302. Definitions. As used in this part 3, unless the context otherwise requires: (1) "Charter school" means a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title or a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title. (2) "Close the achievement and growth gap" means to lessen the variance in academic achievement and growth among student groups, as reflected in state assessment scores, in the scores achieved on the curriculum-based, achievement college entrance exam, and in calculations of students' longitudinal academic growth, by improving the academic achievement and growth of students in those groups that are underperforming. (3) "Council" means the Colorado state advisory council for parent involvement in education created in section 22-7-303. (4) "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S. (5) "National standards for family-school partnerships" means the following researchbased standards for family-school partnerships recognized nationally by parent teacher associations: (a) Families are active participants in the life of the school and feel welcomed, valued, and connected to each other, to school staff, and to what students are learning and doing in the classroom; (b) Families and school staff engage in regular, meaningful communication about student learning; (c) Families and school staff continuously collaborate to support students' learning and healthy development both at home and at school and have regular opportunities to strengthen their knowledge and skills to provide said support effectively; (d) Families are empowered to be advocates for their own and other children to ensure that students are treated fairly and have access to learning opportunities that will support their success; (e) Families and school staff are equal partners in decisions that affect children and families and together inform, influence, and create policies, practices, and programs; and (f) Families and school staff collaborate with community members to connect students, families, and staff to expanded learning opportunities, community services, and civic participation. (6) "Parent" means a child's biological parent, adoptive parent, or legal guardian or another adult person recognized by the child's school as the child's primary caregiver. (7) "Parent education program" means a program to teach parents strategies and skills for working with their children and the staff of the schools and institutions of higher education in which their children are enrolled. (8) "Parent involvement grant program" means the parent involvement in education grant program created in section 22-7-305. Colorado Revised Statutes 2019 Page 140 of 1211 Uncertified Printout (9) "School-based parent information resource center" means a center that provides to parents information on education opportunities for their children, training for parents and families on education issues, and other support services that may be available to parents, such as mental health services, social services, and housing referrals. (10) "State board" means the state board of education created and existing pursuant to section 1 of article IX of the state constitution. (11) "Student populations that are significantly represented in the state" means student populations that each constitute at least ten percent of the total population of students in the state, which student populations may include, but need not be limited to, the student populations described in section 22-11-301 (3). Source: L. 2009: Entire part RC&RE, (SB 09-090), ch. 291, p. 1427, § 1, effective August 5. L. 2012: (11) added, (SB 12-160), ch. 204, p. 813, § 2, effective May 24. L. 2015: (2) amended, (HB 15-1323), ch. 204, p. 733, § 55, effective May 20. 22-7-303. Colorado state advisory council for parent involvement in education created - membership. (1) There is hereby created within the department of education the Colorado state advisory council for parent involvement in education. The council shall consist of members appointed as provided in this section and shall have the powers and duties specified in this part 3. The council shall exercise its powers and perform its duties and functions under the department, the commissioner of education, and the state board of education as if the same were transferred to the department by a type 2 transfer as defined in the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S. (2) The council shall consist of the following members: (a) The following members appointed by the state board: (I) One person from each congressional district who is a parent of a child enrolled in a publicly funded preschool program, in any of grades kindergarten through twelve, or in a statesupported institution of higher education. Four of the members appointed pursuant to this subsection (2)(a)(I) must be members of a school accountability committee or a school district accountability committee. In making the appointments pursuant to this subsection (2)(a)(I), the state board shall consider the student populations that are significantly represented in the state. (II) A representative from each of two state-based nonprofit organizations that specialize in promoting the involvement of parents of traditionally underserved populations; (III) A representative from a nonprofit organization that specializes in promoting the involvement of parents of students with disabilities; (IV) A representative from a nonprofit organization that partners with funding providers, state agencies, and service providers to assist organizations in providing services to improve the health and well-being of families and children; (V) A representative of a statewide organization of parents and teachers; (VI) Repealed. (VII) A representative of a statewide organization that represents school executives; (VIII) A representative of a statewide organization that represents members of school district boards of education; (IX) A representative of a statewide organization that represents teachers; (X) A representative of a statewide organization that represents charter schools; Colorado Revised Statutes 2019 Page 141 of 1211 Uncertified Printout (XI) A representative of a statewide organization that represents career and college guidance counselors; and (XII) Repealed. (XIII) A person with expertise in early childhood care and education; (b) One or more representatives from the department of education, appointed by the commissioner of education, with expertise in the following areas: (I) Strategies to close the achievement and growth gap; (II) The program for the education of migrant children described in article 23 of this title; (III) The English language proficiency program described in article 24 of this title; (IV) Federal title I programs; (V) The education of exceptional children, as defined in section 22-20-103 (12); and (VI) The family literacy education grant program created in section 22-2-124; (c) Two persons appointed by the executive director of the department of higher education; and (d) A representative of the department of human services appointed by the executive director of said department. (3) (a) A person may not be appointed to fill more than one of the member positions required in subsection (2) of this section in a single term. Each appointing authority shall make its initial appointments on or before October 1, 2009. Each member of the council shall serve at the pleasure of the member's appointing authority. The appropriate appointing authority shall fill any vacancies arising during a member's term on the council. (b) The state board, in appointing members to the council, shall, to the extent practicable, select persons who will reflect the gender balance and ethnic and racial diversity of the state and will provide representation from throughout the state. (4) The council members appointed pursuant to paragraph (a) of subsection (2) of this section shall serve three-year terms; except that, of the persons initially appointed, the state board shall select four who shall serve initial terms of one year and four who shall serve initial terms of two years. (5) The state board shall call the first meeting of the council to be held no later than November 15, 2009. At its first meeting, and annually thereafter, the council shall select from among its members a person to serve as chair of the council. The council shall meet upon call of the chair as often as necessary to accomplish its duties as specified in this part 3. (6) The council members shall serve without compensation but may receive reimbursement for actual and necessary expenses incurred in performing their duties pursuant to this part 3, including but not limited to expenses incurred in providing a regional training program pursuant to section 22-7-304 (3). Source: L. 2009: Entire part RC&RE, (SB 09-090), ch. 291, p. 1428, § 1, effective August 5. L. 2011: (2)(c)(I) amended, (SB 11-245), ch. 201, p. 848, § 6, effective August 10. L. 2012: (2)(a)(I), (2)(a)(II), (2)(a)(III), (2)(a)(IV), (2)(a)(XI), and (2)(c) amended and (2)(a)(VI) and (2)(a)(XII) repealed, (SB 12-160), ch. 204, p. 812, § 1, effective May 24. L. 2013: (6) amended, (SB 13-193), ch. 355, p. 2074, § 6, effective May 28. L. 2019: (2)(a)(I) amended, (SB 19-161), ch. 217, p. 2239, § 1, effective May 20. Colorado Revised Statutes 2019 Page 142 of 1211 Uncertified Printout Cross references: For the legislative declaration in the 2011 act amending subsection (2)(c)(I), see section 1 of chapter 201, Session Laws of Colorado 2011. 22-7-304. Council - advisory duties - technical assistance - report. (1) The council shall inform, at a minimum, the early childhood councils, public schools, school districts, the state charter school institute, the department, the state board, the department of higher education, the Colorado commission on higher education, and the governing boards for the state institutions of higher education concerning best practices and strategies, aligned with the national standards for family-school partnerships, for increasing parent involvement in public education and promoting family and school partnerships, including but not limited to best practices and strategies in the following areas: (a) Creating and implementing programs to effectively involve parents in improving their children's education and levels of academic achievement. To identify these best practices and strategies, the council shall review the programs implemented in other states and the results of state and national research conducted in this area. (b) Involving parents in programs to raise academic achievement, increase high school graduation rates, decrease student dropout rates, and close the achievement and growth gap; (c) Involving parents in response to intervention programs in public schools and school districts; (d) Involving parents in programs to raise academic achievement, improve the persistence rate, and improve the on-time graduation rate of students enrolled in institutions of higher education; (e) Increasing parent involvement in education-related committees at the local and state levels; (f) Designing and implementing parent education programs and centers and parent leadership training programs; (g) Creating and implementing family-to-school liaison positions; and (h) Establishing and implementing school-based parent information resource centers. (2) The council shall recommend to the state board and to the Colorado commission on higher education plans for statewide parent involvement initiatives, which may include, but need not be limited to: (a) Requiring each school district and the state charter school institute, as part of the accreditation process, to increase the level of parent involvement in education; and (b) Initiatives to increase admissions to institutions of higher education and the degreecompletion rate and to reduce the need for remediation. (3) (a) The council shall provide training and other resources designed to help the school district accountability committees and school accountability committees increase the level of parent engagement with the public schools and with school districts, including increasing the number of parents serving on school district accountability committees and school accountability committees. (b) The council shall work with the department to provide regional training programs for school district accountability committees and school accountability committees. At a minimum, the training programs must address parent leadership and increasing parent engagement with school district accountability committees and school accountability committees, including best Colorado Revised Statutes 2019 Page 143 of 1211 Uncertified Printout practices for parent engagement with school district accountability committees and school accountability committees. (c) The council shall work with the department to provide regional training programs for school districts and charter schools concerning best practices and skills for district and school personnel in working with parents. (4) The council, in consultation with the department of education and the department of higher education, shall identify key indicators of successful parent engagement in education and use the indicators to develop recommendations for methods by which the department of education and the department of higher education may measure and monitor the level of parent engagement with elementary and secondary public schools and with institutions of higher education in Colorado. (5) On or before December 31, 2013, and on or before December 31 each year thereafter, the council shall report to the state board, the Colorado commission on higher education, and the education committees of the senate and the house of representatives, or any successor committees, the council's progress in promoting parent engagement in the state and in fulfilling the duties specified in this section. Source: L. 2009: Entire part RC&RE, (SB 09-090), ch. 291, p. 1431, § 1, effective August 5. L. 2013: (3), (4), and (5) added, (SB 13-193), ch. 355, p. 2074, § 7, effective May 28. L. 2018: IP(1) amended, (SB 18-099), ch. 90, p. 727, § 9, effective August 8; IP(1) amended, (HB 18-1141), ch. 59, p. 601, § 3, effective August 8. Editor's note: Amendments to subsection IP(1) by SB 18-099 and HB 18-1141 were harmonized. Cross references: For the legislative declaration in HB 18-1141, see section 1 of chapter 59, Session Laws of Colorado 2018. 22-7-305. Parent involvement in education grant program - creation - rules - fund reports. (1) (a) There is hereby created in the department the parent involvement in education grant program to provide moneys to assist public schools in creating and implementing programs to support greater parent involvement in the schools. The council shall assist the department in implementing the parent involvement grant program as provided in this section and shall provide advice to recipient schools to assist them in creating and implementing programs to ensure that the programs reflect the best practices identified by the council pursuant to section 22-7-304. (b) The school district of a public school, or a board of cooperative services or regional service council that operates a public school, that seeks a grant through the parent involvement grant program shall apply on behalf of the public school; except that, if the public school is a charter school, the public school may apply on its own behalf. To be eligible to receive a grant, a public school shall meet one or more of the following criteria: (I) A significant percentage, as defined by rule of the state board, of the students enrolled in the public school for the three academic years immediately preceding application were: (A) Eligible for free or reduced-cost lunch pursuant to the provisions of the federal "Richard B. Russell National School Lunch Act", 42 U.S.C. sec. 1751 et seq.; or Colorado Revised Statutes 2019 Page 144 of 1211 Uncertified Printout (B) English language learners, as defined in section 22-24-103 (4); (II) The dropout rate for the public school for each of the three academic years immediately preceding application exceeded the state average dropout rate for each respective year by a percentage established by rule of the state board; (III) For each of the three academic years immediately preceding application, the statewide assessment scores of students enrolled in the public school demonstrated that: (A) A significant achievement or growth gap, as defined by rule of the state board, existed among identified groups of students; or (B) The school was an academically underperforming school, as defined by rule of the state board. (c) The programs that a recipient school may fund with grant moneys received through the parent involvement grant program shall include, but need not be limited to, programs to establish: (I) Family-to-school liaison positions; (II) Parent leadership training opportunities; (III) Centers to provide parent education programs; and (IV) School-based parent information resource centers. (2) The state board shall promulgate rules pursuant to the "State Administrative Procedure Act", article 4 of title 24, C.R.S., as necessary for implementation of the parent involvement grant program, including but not limited to: (a) Rules as specified in paragraph (b) of subsection (1) of this section and subsection (5) of this section; (b) Rules establishing the time frames for submission and review of applications and selection of recipient schools; (c) Rules specifying the information to be included in grant applications; and (d) Rules identifying any criteria for selection of recipient schools in addition to the criteria specified in paragraph (b) of subsection (1) of this section. (3) The council shall review the grant applications received pursuant to this section and shall recommend recipient schools and the grant amounts to the state board. Subject to available appropriations, the state board shall annually award grants through the parent involvement grant program, which grants shall be paid from the parent involvement grant program fund created in subsection (4) of this section. (4) (a) There is hereby created in the state treasury the parent involvement grant program fund, referred to in this subsection (4) as the "fund", that shall consist of such moneys as may be credited to the fund pursuant to paragraph (b) of this subsection (4). The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs associated with the implementation of the parent involvement grant program. Any moneys in the fund not expended for the purpose of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund; except that any unexpended and unencumbered moneys remaining in the fund as of June 30, 2019, shall be transferred to the general fund. (b) The council shall seek and may accept gifts, grants, and donations from private or public sources for the purposes of the parent involvement grant program; except that the council Colorado Revised Statutes 2019 Page 145 of 1211 Uncertified Printout shall not accept a gift, grant, or donation if it is subject to conditions that are inconsistent with this part 3 or any other law of the state. The council shall transmit all private and public moneys received through gifts, grants, or donations to the state treasurer, who shall credit the same to the fund. (c) Notwithstanding any provision of this section to the contrary, the state board and the department shall not implement the parent involvement grant program until such time as there is at least twenty thousand dollars credited to the fund. (d) In any fiscal year in which there is at least twenty thousand dollars credited to the fund, the department may use up to one percent of the moneys credited to the fund to offset the costs incurred in implementing the parent involvement grant program. (5) (a) Beginning in the budget year following the first budget year in which the state board awards grants pursuant to this section, each recipient school shall annually submit to the council and the department, in accordance with timelines specified by rule of the state board, a report summarizing the amount of moneys received in the preceding fiscal year from the parent involvement grant program, the manner in which the moneys were used, and the results achieved through the use of the moneys. The report shall include such additional information as may be required by rule of the state board. (b) On or before March 15 of the first year in which the council receives reports pursuant to paragraph (a) of this subsection (5), and on or before March 15 each year thereafter, the council shall summarize the reports received pursuant to paragraph (a) of this subsection (5) and submit the summary, with any additional pertinent information, to the state board and the education committees of the house of representatives and the senate, or any successor committees. Source: L. 2009: Entire part RC&RE, (SB 09-090), ch. 291, p. 1432, § 1, effective August 5. L. 2010: (1)(b)(I)(B) amended, (SB 10-062), ch. 168, p. 594, § 7, effective April 29; (4)(d) amended, (HB 10-1422), ch. 419, p. 2075, § 37, effective August 11. L. 2014: (1)(b)(I)(B) amended, (HB 14-1298), ch. 244, p. 934, § 14, effective May 21. L. 2015: (1)(b)(I)(B) amended, (SB 15-264), ch. 259, p. 953, § 45, effective August 5. 22-7-306. Repeal of part. (1) This part 3 is repealed, effective September 1, 2024. (2) Prior to said repeal, the council shall be reviewed as provided in section 2-3-1203. Source: L. 2009: Entire part RC&RE, (SB 09-090), ch. 291, p. 1434, § 1, effective August 5. L. 2019: Entire section amended, (SB 19-161), ch. 217, p. 2239, § 2, effective May 20. PART 4 EDUCATION REFORM 22-7-401 to 22-7-414. (Repealed) Source: L. 2015: Entire part repealed, (HB 15-1323), ch. 204, p. 718, § 13, effective May 20. Colorado Revised Statutes 2019 Page 146 of 1211 Uncertified Printout Editor's note: This part 4 was added in 1997. For amendments to this part 4 prior to its repeal in 2015, consult the 2014 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. PART 5 COLORADO BASIC LITERACY ACT 22-7-501 to 22-7-508. (Repealed) Editor's note: (1) This article was amended with relocations in 1997, resulting in the creation of this part 5. For amendments to this part 5 prior to its repeal in 2013, consult the 2012 Colorado Revised Statutes, the Colorado statutory research explanatory note beginning on page vii in the front of this volume, and the editor's note following the article heading. (2) Section 22-7-508 provided for the repeal of this part 5, effective July 1, 2013. (See L. 2012, p. 646.) (3) Section 22-7-504 (1) was amended in House Bill 13-1139, effective August 7, 2013, but those amendments did not take effect due to the repeal of this part 5, effective July 1, 2013. PART 6 SCHOOL ACCOUNTABILITY REPORTS 22-7-601. Legislative declaration. (Repealed) Source: L. 2000: Entire part added, p. 323, § 1, effective April 10. L. 2001: (1)(e), (1)(f), and (2) amended, p. 1476, § 1, effective June 8. L. 2009: Entire section repealed, (SB 09163), ch. 293, p. 1525, § 5, effective May 21. 22-7-602. Definitions. As used in this part 6, unless the context otherwise requires: (1) "Alternative education campus" means a public school, including a charter school, that receives a designation pursuant to section 22-7-604.5. (1.5) Repealed. (2) to (4) Repealed. (5) "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S. (6) "District school board" means the board of education of a school district existing pursuant to law. (7) "Public school" means a school that receives a majority of its funding from moneys raised by a general state, county, or district tax and whose property is operated by a political subdivision of the state or a charter school established pursuant to article 30.5 of this title. (8) Repealed. (9) "State board" means the state board of education created and existing pursuant to section 1 of article IX of the state constitution. (10) Repealed. Colorado Revised Statutes 2019 Page 147 of 1211 Uncertified Printout Source: L. 2000: Entire part added, p. 324, § 1, effective April 10. L. 2001: (1), (7), and (8) amended, p. 1477, § 2, effective June 8. L. 2002: (1) amended and (1.5) added, p. 465, § 1, effective May 24. L. 2004: (8) amended, p. 1661, § 10, effective June 3. L. 2009: (1.5), (2), (3), (4), (8), and (10) repealed, (SB 09-163), ch. 293, p. 1525, § 5, effective May 21. 22-7-603. State data reporting system. (Repealed) Source: L. 2000: Entire part added, p. 325, § 1, effective April 10. L. 2001: (1) amended, p. 359, § 26, effective April 16; (3)(d) amended, p. 679, § 2, effective May 30; (1) amended, p. 1477, § 3, effective June 8. L. 2004: (1) amended, p. 1661, § 11, effective June 3. L. 2009: Entire section repealed, (SB 09-163), ch. 293, p. 1525, § 5, effective May 21. 22-7-603.5. Legislative declaration - measurement of value added to academic progress. (Repealed) Source: L. 2001: Entire section added, p. 359, § 27, effective April 16. L. 2006: (4) amended, p. 715, § 2, effective July 1. L. 2007: (4) amended, p. 2031, § 43, effective June 1. L. 2009: Entire section repealed, (SB 09-163), ch. 293, p. 1525, § 5, effective May 21. 22-7-603.7. Academic growth pilot program - legislative declaration - creation. (Repealed) Source: L. 2002: Entire section added, p. 1769, § 39, effective June 7. L. 2004: Entire section repealed, p. 1656, § 2, effective June 3. 22-7-604. Academic performance - academic growth of students - rating designation and methodology - rules. (Repealed) Source: L. 2000: Entire part added, p. 327, § 1, effective April 10. L. 2001: IP(1) amended and (1.5) added, p. 670, § 1, effective May 30; (1), (1.5), (2), (5), (6), (7), and (8) amended, pp. 1478, 1506, §§ 4, 34, effective June 8. L. 2002: (1.5)(a) amended, p. 467, § 3, effective May 24; (2) and (6)(a) amended, p. 1777, § 40, effective June 7. L. 2003: (5)(c) amended, p. 1991, § 34, effective May 22. L. 2004: (6) amended, p. 1656, § 3, effective June 3. L. 2006: (1.5)(a)(III) added and (1.5)(b) and (6)(d) amended, pp. 430, 431, §§ 3, 7, effective April 13. L. 2008: (3)(e) added, p. 772, § 8, effective May 14; (5)(c) amended, p. 1267, § 2, effective August 5. L. 2009: Entire section repealed, (SB 09-163), ch. 293, p. 1525, § 5, effective May 21. 22-7-604.3. Academic growth calculation - model - rule-making. (Repealed) Source: L. 2004: Entire section added, p. 1651, § 1, effective June 3. L. 2005: (4)(a)(I) amended, p. 967, § 1, effective June 2. L. 2006: (5)(h) and (7) added, p. 430, §§ 4, 5, effective April 13; (5)(c) repealed, p. 597, § 11, effective August 7. L. 2007: Entire section amended, p. 7, § 2, effective February 6. L. 2008: (2)(a) and (3)(a) amended, p. 6, § 1, effective February 14; Colorado Revised Statutes 2019 Page 148 of 1211 Uncertified Printout (3.5) added, p. 772, § 7, effective May 14. L. 2009: Entire section repealed, (SB 09-163), ch. 293, p. 1525, § 5, effective May 21. 22-7-604.5. Alternative education campuses - criteria - application - rule-making definition. (1) A public school may apply to the state board for designation as an alternative education campus. The state board shall adopt rules specifying the criteria and application process for a public school to be designated an alternative education campus. The rules must include but need not be limited to: (a) Criteria that a public school must meet to be designated an alternative education campus, including but not limited to the following: (I) Having a specialized mission and serving a special needs or at-risk population; (II) Being an autonomous public school; (III) Having an administrator who is not under the supervision of an administrator at another public school; (IV) Having a budget separate from any other public school; (V) Having nontraditional methods of instruction delivery; and (VI) (A) Serving students who have severe limitations that preclude appropriate administration of the assessments administered pursuant to section 22-7-1006.3; (B) Serving a student population in which more than ninety percent of the students have an individualized education program pursuant to section 22-20-108 or meet the definition of a high-risk student contained in subsection (1.5) of this section, or any combination of these two criteria that equals at least ninety percent of the student population; or (C) Serving students who attend on a part-time basis and who come from other public schools where the part-time students are counted in the enrollment of the other public school; except that the results of the assessments administered pursuant to section 22-7-1006.3 to all part-time students and high-risk students as defined in subsection (1.5) of this section must be used in determining the levels of attainment on the performance indicators for the public school for which the student is counted for enrollment purposes; (D) (Deleted by amendment, L. 2010, (SB 10-154), ch. 157, p. 541, § 1, effective April 21, 2010.) (b) A procedure for a district school board to request that the state board designate a public school of the school district as an alternative education campus; and (c) (Deleted by amendment, L. 2009, (SB 09-163), ch. 293, p. 1520, § 2, effective May 21, 2009.) (d) A procedure for a district school board to appeal to the state board a denial of a request for designation. (1.5) As used in this section, unless the context otherwise requires, a "high-risk student" means a student enrolled in a public school who: (a) Has been committed to the department of human services following adjudication as a juvenile delinquent or is in detention awaiting disposition of charges that may result in commitment to the department of human services; (b) Has dropped out of school or has four excused or unexcused absences from public school in any one month or ten excused or unexcused absences from public school during any school year. Absences due to suspension or expulsion of a student are considered absences for purposes of this paragraph (b). Colorado Revised Statutes 2019 Page 149 of 1211 Uncertified Printout (c) Has been expelled from school or engaged in behavior that would justify expulsion; (d) Has a documented history of personal drug or alcohol use or has a parent or guardian with a documented substance use disorder; (e) Has a documented history of personal street gang involvement or has an immediate family member with a documented history of street gang involvement; (f) Has a documented history of child abuse or neglect, has been adjudicated a ward of the court, or has been involved in the foster care system; (g) Has a parent or guardian in prison or on parole or probation or has experienced the loss of a parent or sibling; (h) Has a documented history of domestic violence in the immediate family; (i) Has a documented history of repeated school suspensions; (j) Is a parent or pregnant woman under the age of twenty years; (k) Is a migrant child, as defined in section 22-23-103 (2); (l) Is a homeless child, as defined in section 22-1-102.5 (2)(a); (m) Has a documented history of a mental health disorder or behavioral issue or has experienced significant trauma; or (n) Is over traditional school age for his or her grade level and lacks adequate credit hours for his or her grade level. (2) (a) A district school board for a public school that desires to be considered an alternative education campus pursuant to this section shall file with the state board a request for designation as an alternative education campus. The request shall be in a form approved by the state board and shall contain sufficient information to establish that the public school meets the requirements of the rules adopted pursuant to paragraph (a) of subsection (1) of this section. The state board shall approve the designation of alternative education campus for any public school for which a request is filed pursuant to this subsection (2) that is found by the state board to meet the requirements of the rules adopted pursuant to paragraph (a) of subsection (1) of this section. (b) Repealed. (2.5) (a) The department shall annually review the performance of each alternative education campus based on the criteria specified by rule of the state board pursuant to section 22-11-210 (1)(b) and shall recommend to the commissioner and the state board whether the alternative education campus shall adopt a performance, improvement, priority improvement, or turnaround plan, as said plans are described in sections 22-11-403 to 22-11-406. Based on the recommendations, the state board, pursuant to section 22-11-210 (2), shall notify each alternative education campus and its district school board, or the institute if the alternative education campus is an institute charter school, of the type of plan the alternative education campus shall adopt. In adopting its plan, each alternative education campus shall comply with the provisions of sections 22-11-403 to 22-11-406, as applicable. (b) The district school board for an alternative education campus or the institute, if the alternative education campus is an institute charter school, shall specify the accreditation category for the alternative education campus in accordance with the accreditation process adopted by the district school board or the institute pursuant to section 22-11-307. (c) Notwithstanding the provisions of section 22-11-503, the school performance report for an alternative education campus shall include the information specified by rule of the state board that will effectively communicate to the parents of students enrolled in the alternative Colorado Revised Statutes 2019 Page 150 of 1211 Uncertified Printout education campus and to the public the performance of the alternative education campus and the performance of students enrolled in the alternative education campus. (d) (Deleted by amendment, L. 2009, (SB 09-163), ch. 293, p. 1520, § 2, effective May 21, 2009.) (3) (a) Except as excluded pursuant to section 22-7-1006.3, the results of the assessments administered pursuant to section 22-7-1006.3 to all part-time students attending a school or a program that is designated an alternative education campus pursuant to this section must be included in determining the levels of attainment on the performance indicators achieved by the school to which the student is assigned for enrollment purposes. (b) Notwithstanding the provisions of paragraph (a) of this subsection (3), for a part-time student with an individualized education program pursuant to section 22-20-108, the school district in which the student is enrolled, or, in the case of a board of cooperative services, the administrative unit, may designate either the school of residency or the school of attendance as the school to which the student's scores shall be assigned to determine levels of attainment on the performance indicators. Source: L. 2002: Entire section added, p. 465, § 2, effective May 24. L. 2004: IP(1), (1)(a)(VI)(B), and (1)(a)(VI)(C) amended and (1)(a)(VI)(D), (1.5), and (2.5) added, p. 488, §§ 2, 3, effective April 20. L. 2005: (3) amended, p. 491, § 2, effective May 10. L. 2006: (2.5)(c)(I) amended, p. 432, § 8, effective April 13. L. 2009: Entire section amended, (SB 09-163), ch. 293, p. 1520, § 2, effective May 21. L. 2010: (1)(a)(VI) and (1.5)(i) amended and (1.5)(k), (1.5)(l), and (1.5)(m) added, (SB 10-154), ch. 157, pp. 541, 542, §§ 1, 2, effective April 21. L. 2011: (1)(a)(VI)(B), IP(1.5), (1.5)(l), (1.5)(m), and (2)(a) amended and (1.5)(n) added, (HB 11-1277), ch. 306, p. 1473, § 2, effective August 10. L. 2015: IP(1), (1)(a)(VI)(A), (1)(a)(VI)(C), and (3)(a) amended, (HB 15-1323), ch. 204, p. 721, § 24, effective May 20. L. 2016: (1)(a)(VI)(B), (1.5)(b), (1.5)(f), (1.5)(g), and (1.5)(m) amended, (HB 16-1429), ch. 249, p. 1020, § 1, effective June 8. L. 2017: (1.5)(d) and (1.5)(m) amended, (SB 17-242), ch. 263, p. 1319, § 170, effective May 25. Editor's note: Subsection (2)(b)(II) provided for the repeal of subsection (2)(b), effective July 1, 2003. (See L. 2002, p. 465.) Cross references: For the legislative declaration contained in the 2004 act amending the introductory portion to subsection (1) and subsections (1)(a)(VI)(B) and (1)(a)(VI)(C) and enacting subsections (1)(a)(VI)(D), (1.5), and (2.5), see section 1 of chapter 162, Session Laws of Colorado 2004. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. 22-7-604.7. Alternative education campuses - methods to measure quality performance - repeal. (Repealed) Source: L. 2016: Entire section added, (HB 16-1429), ch. 249, p. 1021, § 2, effective June 8. Colorado Revised Statutes 2019 Page 151 of 1211 Uncertified Printout Editor's note: Subsection (3) provided for the repeal of this section, effective July 1, 2017. (See L. 2016, p. 1021.) 22-7-605. School accountability reports - format - rules. (Repealed) Source: L. 2000: Entire part added, p. 333, § 1, effective April 10. L. 2001: IP(5)(c)(I) and (5)(c)(III) amended and (5)(c)(I.5) and (5)(c)(IV) added, p. 196, § 1, effective March 28; IP(6)(c)(I) amended and (6)(c)(I.5) added, p. 194, § 1, effective March 28; (7)(d)(V) amended, p. 671, § 3, effective May 30; (1), (2)(a), (2)(b), (2)(c), (3)(a), IP(3)(b), (3)(c), (4), IP(5), IP(5)(c)(I), IP(5)(c)(I.5), (5)(c)(III), (5)(c)(IV), (5)(e), IP(6), (6)(a)(III), IP(6)(c)(I), IP(6)(c)(I.5), (6)(d)(IV), (7)(a), (7)(b)(I), (7)(c), (7)(d)(II), (7)(d)(III), (7)(d)(V), (7)(d)(VI), (8), (9)(a), (9)(d), and (10) amended and (11) added, pp. 1481, 1505, 1504, 1495, §§ 5, 33, 32, 31, 18, effective June 8; (5)(b)(I) and (5)(d) amended, p. 1509, § 40, effective July 1, 2002. L. 2002: (3)(a) and (10) amended and (8)(f) added, pp. 996, 997, §§ 5, 6, effective June 1; (9.5) added, p. 1794, § 59, effective June 7. L. 2004: (4)(c.5) added and (4)(d) amended, p. 58, § 1, effective March 8; (3)(b)(II)(B) amended and (8) R&RE, pp. 451, 450, §§ 2, 1, effective April 13; (4)(b)(II)(A), (4)(b)(II)(C), (5)(e)(II), and (8)(a) amended, pp. 1658, 1659, §§ 4, 5, effective June 3; (2)(b) amended, p. 1619, § 8, effective July 1. L. 2006: (5)(b)(I) amended, p. 406, § 3, effective April 6. L. 2007: Entire section R&RE, p. 1045, § 1, effective May 23. L. 2009: Entire section repealed, (SB 09-163), ch. 293, p. 1525, § 5, effective May 21. 22-7-606. School accountability reports - delivery web site. (Repealed) Source: L. 2000: Entire part added, p. 345, § 1, effective April 10. L. 2001: Entire section amended, p. 1487, § 6, effective June 8. L. 2002: (1)(a) and (3) amended, p. 1795, § 61, effective June 7. L. 2003: (1)(a) amended, p. 2141, § 46, effective May 22; (1)(a) and (3)(b) amended, p. 970, § 1, effective August 6. L. 2005: (4) repealed, p. 968, § 3, effective June 2. L. 2007: Entire section R&RE, p. 1054, § 2, effective May 23. L. 2009: Entire section repealed, (SB 09-163), ch. 293, p. 1525, § 5, effective May 21. 22-7-607. School accountability reports - nonpublic schools. (Repealed) Source: L. 2000: Entire part added, p. 346, § 1, effective April 10. L. 2001: Entire section amended, p. 1489, § 7, effective June 8. L. 2009: Entire section repealed, (SB 09-163), ch. 293, p. 1525, § 5, effective May 21. 22-7-607.5. Teacher pay incentive program - repeal. (Repealed) Source: L. 2001: Entire section added, p. 1495, § 19, effective June 8. L. 2002: (2)(b) amended, p. 670, § 5, effective May 28; (1)(a), (1)(c), (2)(a), (2)(b), (2)(c), (2)(d), (3)(a), and (3)(b) amended, pp. 1785, 1783, §§ 52, 47, effective June 7. L. 2003: Entire section repealed, p. 522, § 15, effective March 5. 22-7-608. Low-graded schools. (Repealed) Colorado Revised Statutes 2019 Page 152 of 1211 Uncertified Printout Source: L. 2000: Entire part added, p. 346, § 1, effective April 10. L. 2001: Entire section repealed, p. 1489, § 8, effective June 8. 22-7-609. School improvement plans. (Repealed) Source: L. 2000: Entire part added, p. 347, § 1, effective April 10. L. 2001: (2), (3)(a), (3)(b), and (5) amended, p. 355, § 19, effective April 16; (2), (3)(c), and (5) amended and (6) added, pp. 1507, 1489, §§ 36, 9, effective June 8. L. 2003: (2) amended, p. 729, § 2, effective March 20. L. 2004: (2) amended and (3)(a.5) and (3)(c.5) added, p. 1620, §§ 9, 10, effective July 1. L. 2006: (5) amended, p. 399, § 1, effective April 6. L. 2009: Entire section repealed, (SB 09163), ch. 293, p. 1525, § 5, effective May 21. 22-7-609.3. Voluntary restructuring - state board approval. (Repealed) Source: L. 2006: Entire section added, p. 400, § 2, effective April 6. L. 2009: Entire section repealed, (SB 09-163), ch. 293, p. 1525, § 5, effective May 21. 22-7-609.4. Public school restructuring - tracking students. (Repealed) Source: L. 2006: Entire section added, p. 402, § 2, effective April 6. L. 2009: Entire section repealed, (SB 09-163), ch. 293, p. 1525, § 5, effective May 21. 22-7-609.5. School improvement grant program - repeal. (Repealed) Source: L. 2001: Entire section added, p. 353, § 18, effective April 16; (1)(b), (5)(b), and (6) amended, p. 1506, § 35, effective June 8. L. 2003: (3)(c)(II) repealed, p. 522, § 15, effective March 5. Editor's note: Subsection (7) provided for the repeal of this section, effective July 1, 2003. (See L. 2001, p. 353.) 22-7-609.6. School improvement - appropriations. (Repealed) Source: L. 2002: Entire section added, p. 1795, § 62, effective June 7. L. 2004: Entire section amended, p. 1662, § 12, effective June 3; entire section amended, p. 1620, § 11, effective July 1. L. 2009: Entire section repealed, (SB 09-163), ch. 293, p. 1525, § 5, effective May 21. 22-7-610. High-rated or improved school. (Repealed) Source: L. 2000: Entire part added, p. 349, § 1, effective April 10. L. 2001: Entire section amended, p. 1490, § 10, effective June 8. L. 2009: Entire section repealed, (SB 09-163), ch. 293, p. 1525, § 5, effective May 21. Colorado Revised Statutes 2019 Page 153 of 1211 Uncertified Printout 22-7-611. Closing the achievement gap program - strategies - assistance - criteria rule-making. (1) As used in this section, unless the context otherwise requires: (a) "Eligible district" means a school district that has been identified by rule of the state board as having a significant achievement gap. (b) "Eligible school" means a public school that has been identified by rule of the state board as having a significant achievement gap. (2) There is hereby established in the department the closing the achievement gap program, referred to in this section as the "program", to provide extensive assistance to eligible districts and eligible schools. (3) The department shall prepare and distribute to each eligible district and eligible school an outline of different strategies the eligible district or eligible school may implement to improve academic achievement. The department shall provide the outline by April 1 of the school year preceding the school year in which the eligible district or eligible school intends to participate in the program. The outline may include, but need not be limited to, the following strategies: (a) Using disaggregated student data to set academic improvement targets in reading, writing, mathematics, and science; (b) Using improvement targets to define professional development needs related to content, instruction, differentiation, and best practices in educating special education students, gifted and talented students, English language learners, and other student subgroups, as needed; (c) Developing interim district-level and building-level assessments to monitor student progress toward proficiency on the state model content standards and developing a plan to immediately address gaps in learning; (d) Examining and realigning, as needed, school scheduling, academic support systems, and assignments of personnel; (e) Designing a plan for increasing parental knowledge and skill to support academic objectives; and (f) Identifying leaders who specialize in rehabilitating failing schools and who may serve as school principals. (4) (a) An eligible school that chooses to apply for participation in the program shall provide to its district school board a list of the strategies selected from the outline provided by the department that the eligible school intends to implement to improve academic achievement among the students enrolled in the eligible school. The eligible school shall provide the list by May 1 of the school year preceding the school year in which the eligible school intends to participate in the program. If the district school board chooses to allow the eligible school to apply for participation in the program, the district school board shall, in accordance with timelines adopted by rule of the state board, provide to the department a list of the strategies that the district school board and the eligible school have chosen to implement to improve academic achievement among the students enrolled in the eligible school. (b) An eligible district that chooses to apply for participation in the program shall, in accordance with timelines adopted by rule of the state board, provide to the department a list of the strategies selected from the outline provided by the department that the eligible district has chosen to implement to improve academic achievement within the eligible district. Colorado Revised Statutes 2019 Page 154 of 1211 Uncertified Printout (5) The state board shall determine the criteria by which eligible districts and eligible schools shall be selected to participate in the program and shall promulgate rules that set forth the criteria. (6) Subject to available appropriations and upon the request of a participating eligible district or eligible school, the department shall provide assistance through the program to the participating eligible district or eligible school. The assistance may consist of, but is not limited to, information, personnel, and program and technical support. (7) The state board may promulgate all reasonable and necessary rules to implement this section. Source: L. 2003: Entire section added, p. 2510, § 1, effective June 5. L. 2009: Entire section amended, (SB 09-163), ch. 293, p. 1524, § 3, effective May 21. 22-7-612. Closing the achievement gap commission - creation - members - report repeal. (Repealed) Source: L. 2003: Entire section added, p. 2511, § 1, effective June 5. L. 2004: (5) amended, p. 1199, § 55, effective August 4. Editor's note: Subsection (5) provided for the repeal of this section, effective January 1, 2006. (See L. 2004, p. 1199.) 22-7-613. Closing the achievement gap cash fund - creation. (1) (a) The department is authorized to seek and accept gifts, grants, and donations from private or public sources for the purposes of implementing section 22-7-611. All private and public funds received through gifts, grants, or donations shall be transmitted to the state treasurer, who shall credit the same to the closing the achievement gap cash fund, which fund is hereby created and referred to in this section as the "fund". The moneys in the fund shall be continuously appropriated to the department. (b) Repealed. (2) All interest and income derived from the investment and deposit of moneys in the fund shall remain in the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund. Source: L. 2003: Entire section added, p. 2513, § 1, effective June 5. L. 2009: (1) amended, (SB 09-163), ch. 293, p. 1525, § 4, effective May 21; (1) amended, (SB 09-256), ch. 294, p. 1566, § 29, effective May 21. L. 2012: (1)(b) repealed, (HB 12-1238), ch. 180, p. 673, § 18, effective July 1. Editor's note: Amendments to subsection (1) by Senate Bill 09-163 and Senate Bill 09256 were harmonized. PART 7 Colorado Revised Statutes 2019 Page 155 of 1211 Uncertified Printout TEACHER DEVELOPMENT GRANT PROGRAM 22-7-701. Short title. This part 7 shall be known and may be cited as the "Teacher Development Act". Source: L. 2000: Entire part added, p. 1973, § 1, effective June 2. 22-7-702. Legislative declaration. (1) The general assembly hereby finds that: (a) There is a high correlation between student success and excellent teaching; (b) While educator preparation programs offered by institutions of higher education may provide candidates with the basic knowledge necessary to enter the classroom, ongoing development through school-based, skills-development activities is necessary to enable educators to develop excellent teaching skills; (c) In-service training programs and similar forms of off-site course work are often unable to provide the kind of skill development needed; (d) Working collaboratively as colleagues to review assignments, student work, curriculum, and teaching methodology has been proven successful in enabling teachers to determine whether all of these facets of teaching in combination successfully provide the information students need to master reading, writing, mathematics, and science, as indicated by high achievement levels on assessments. (2) Based on the findings specified in subsection (1) of this section, the general assembly hereby finds that it is necessary to provide grants pursuant to this part 7 to assist schools in providing opportunities for teachers to participate in school-based skills-development activities that are focused on mastering skills in instructing students in reading, writing, mathematics, and science. Source: L. 2000: Entire part added, p. 1973, § 1, effective June 2. L. 2011: (1)(b) amended, (SB 11-245), ch. 201, p. 848, § 7, effective August 10. Cross references: For the legislative declaration in the 2011 act amending subsection (1)(b), see section 1 of chapter 201, Session Laws of Colorado 2011. 22-7-703. Definitions. As used in this part 7, unless the context otherwise requires: (1) Repealed. (2) "Department" means the department of education created in section 24-1-115, C.R.S. (3) "Grant program" means the teacher development grant program created in section 22-7-704. (4) "School" means any public school in the state, including but not limited to a traditional public school of a school district, a charter school, and an approved facility school, as defined in section 22-2-402 (1). (5) "State board" means the state board of education created in section 1 of article IX of the state constitution. (6) "Teacher development schedule" means a schedule of school-based skillsdevelopment activities to assist teachers throughout the school year in improving their classroom teaching skills. A "teacher development schedule" may include, but need not be limited to: Colorado Revised Statutes 2019 Page 156 of 1211 Uncertified Printout (a) Time set aside during which teachers meet to review their assignments, present lesson plans, and provide feedback to one another; and (b) On-site training, observation, and evaluation by recognized experts in instructional strategies and techniques. Source: L. 2000: Entire part added, p. 1974, § 1, effective June 2. L. 2004: (1) repealed, p. 5, § 1, effective February 20. L. 2008: (4) amended, p. 1384, § 7, effective May 27. 22-7-704. Teacher development grant program - created - rules. (1) There is hereby created the teacher development grant program to provide moneys to schools for use in providing a teacher development schedule. A teacher development schedule may include only research-based activities that have been proven effective in improving teachers' skills, especially in teaching reading, writing, mathematics, and science. (2) (a) On or before October 1, 2000, and on or before each October 1 thereafter, subject to available appropriations, the state board shall award teacher development grants to schools selected from those submitting applications pursuant to section 22-7-705. Each grant shall continue for two school years, unless discontinued pursuant to paragraph (b) of this subsection (2). No two-year grant shall exceed twenty thousand dollars. On expiration of a grant, a school may reapply for a grant by submitting an application pursuant to section 22-7-705. (b) The state board shall annually review each grant recipient's use of the moneys awarded pursuant to this section. Based on the recommendations of the department made pursuant to section 22-7-706 (4), the state board shall discontinue the grant awarded to any recipient that is not making adequate progress in achieving the goals identified in the recipient's grant application. (c) Moneys received by a school pursuant to the grant program shall be in addition to the moneys budgeted to the school by the school district in which the school is located and shall not reduce the amount of said budgeted moneys that the school would have received if it had not received a grant pursuant to this part 7. Grants awarded through the program shall be paid from moneys in the teacher development fund created in section 22-7-708. (3) The state board shall implement the grant program in accordance with the provisions of this part 7. Pursuant to article 4 of title 24, C.R.S., the state board shall promulgate such rules as are required in this part 7 and such additional rules as may be necessary for the implementation of the grant program. Participation by a school in the grant program is voluntary. (4) The department shall solicit and is hereby authorized to receive such public and private gifts, grants, and donations as may be available to fund the grant program. Any moneys so received shall be credited to the teacher development fund created in section 22-7-708. Source: L. 2000: Entire part added, p. 1974, § 1, effective June 2. L. 2004: (2)(a) and (2)(b) amended, p. 7, § 3, effective February 20. 22-7-705. Teacher development grant program - application. (1) Any school that chooses to participate in the grant program shall submit an application to the department as provided by rule of the state board. Prior to submitting a grant application to the department, an applying school shall submit to the board of education of the school district in which the school is located the items specified in paragraphs (a) to (d) of subsection (2) of this section. Within Colorado Revised Statutes 2019 Page 157 of 1211 Uncertified Printout thirty days after receiving said items, the board of education shall provide to the school a written statement of support or opposition for the proposed schedule that shall include the reasons underlying such support or opposition. (2) At a minimum, a grant application shall include the following information: (a) The activities that the school will provide through the teacher development schedule and the research that demonstrates the effectiveness of such activities as implemented in other public or nonpublic schools; (b) Evidence that the teachers and administrators at the school have participated in selection of the activities to be provided and are in support of the teacher development schedule; (c) The specific, measurable goals that the school expects to achieve in implementing the teacher development schedule, including both one-year goals and the goals to be achieved upon conclusion of the grant. At a minimum, the school's goals shall include a measurable increase in student learning in the areas of reading, writing, mathematics, and science. (d) The school's plan for measuring the success of the activities provided through the teacher development schedule in meeting the school's identified goals, including but not limited to how the school will determine improvement in student learning; (e) The amount of any moneys received by the school pursuant to Title I of the federal "Elementary and Secondary Education Act of 1965", 20 U.S.C. sec. 6301 et seq., how the school is using such moneys, and any improvements in student learning that have occurred in the preceding three years through the use of such moneys; (f) Whether the school has previously received a grant pursuant to this part 7 and the demonstrated goals achieved in using the grant as specified in the progress and final reports submitted to the department pursuant to section 22-7-707; (g) A written statement of support for or opposition to the school's proposed teacher development schedule by the board of education of the school district in which the applying school is located, including the reasons underlying such support or opposition. (3) Repealed. (4) An institute charter school or approved facility school that submits an application pursuant to this part 7 shall not be required to submit the application to any school district or to include in the application a statement of support for or opposition to the application by a local board of education. Source: L. 2000: Entire part added, p. 1975, § 1, effective June 2. L. 2004: (3) repealed, p. 8, § 4, effective February 20; (4) added, p. 1621, § 12, effective July 1. L. 2008: (4) amended, p. 1384, § 8, effective May 27. 22-7-706. Grants - criteria - repeal. (Repealed) Source: L. 2000: Entire part added, p. 1976, § 1, effective June 2. L. 2004: Entire section amended, p. 5, § 2, effective February 20. Editor's note: Subsection (6)(a) provided for the repeal of this section, effective July 1, 2010. (See L. 2004, p. 5.) Colorado Revised Statutes 2019 Page 158 of 1211 Uncertified Printout 22-7-707. Reporting requirements - progress reports - final reports. (1) Each school that receives a grant pursuant to this part 7 shall submit to the department: (a) A progress report specifying the progress made by the school during the initial year of the grant in achieving the goals specified in the school's grant application; (b) A final report demonstrating the school's success in achieving the goals specified in the school's grant application. (2) The state board by rule shall specify the date by which each grant recipient shall submit the progress report and the final report and the specific contents of each report. At a minimum, the progress report and the final report shall: (a) Apply the methods identified in the school's plan for measuring the success of the teacher development schedule, as specified in the school's grant application; and (b) Specify the student learning results achieved by the school in the areas of reading, writing, mathematics, and science. (3) Repealed. Source: L. 2000: Entire part added, p. 1976, § 1, effective June 2. L. 2004: IP(3) amended, p. 8, § 5, effective February 20. L. 2005: IP(3) amended, p. 861, § 2, effective June 1. L. 2017: (3) repealed, (HB 17-1267), ch. 242, p. 994, § 4, effective August 9. 22-7-708. Teacher development fund - creation. There is hereby created in the state treasury the teacher development fund referred to in this section as the "fund", for payment of teacher development grants awarded pursuant to section 22-7-704. The fund shall consist of such moneys as may be appropriated thereto by the general assembly and such moneys as may be credited thereto pursuant to section 22-7-704 (4). Moneys in the fund shall be subject to annual appropriation by the general assembly for the purposes specified in this part 7. The department may expend up to three percent of the moneys annually appropriated to the fund to offset the documented costs incurred in implementing the grant program. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the fund shall remain therein and shall not be credited or transferred to the general fund or any other fund. Source: L. 2000: Entire part added, p. 1979, § 1, effective June 2. L. 2003: Entire section amended, p. 456, § 10, effective March 5. L. 2011: Entire section amended, (SB 11-218), ch. 151, p. 526, § 3, effective May 5. L. 2015: Entire section amended, (SB 15-264), ch. 259, p. 953, § 46, effective August 5. PART 8 SUMMER SCHOOL GRANT PROGRAM Editor's note: (1) This part 8 was repealed in 2003 and was subsequently recreated and reenacted in 2006, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this part 8 prior to 2003, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Colorado Revised Statutes 2019 Page 159 of 1211 Uncertified Printout (2) Prior to the recreation and reenactment of this part 8, section 22-7-806 provided for the repeal of this part 8, effective April 4, 2003. (See L. 2003, p. 515.) 22-7-801. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) Establishing a summer school grant program to provide funding to school districts and institute charter schools to provide intensive reading, writing, or mathematics education services to students entering the fifth through eighth grades who received an unsatisfactory proficiency level score on the reading, writing, or mathematics component of the Colorado student assessment program for the previous academic year is an important element of an accountable education program to meet state academic standards; and (b) Research shows that implementing research-based practices, as defined by the federal "No Child Left Behind Act of 2001", 20 U.S.C. sec. 6301 et seq., as amended, can cause significant improvement in a student's performance in reading, writing, or mathematics in a short period. (2) The general assembly therefore finds that a program to provide grants to school districts and institute charter schools to assist them in providing summer school programs for students who are entering the fifth through eighth grades and are performing unsatisfactorily in reading, writing, or mathematics may receive funding from the state education fund created in section 17 (4) of article IX of the state constitution. Source: L. 2006: Entire part RC&RE, p. 669, § 11, effective April 28. L. 2008: (1)(a) and (2) amended, p. 1207, § 14, effective May 22. Cross references: For the legislative declaration contained in the 2008 act amending subsections (1)(a) and (2), see section 1 of chapter 286, Session Laws of Colorado 2008. 22-7-802. Definitions. As used in this part 8, unless the context otherwise requires: (1) Repealed. (2) "Department" means the department of education created in section 24-1-115, C.R.S. (3) "Eligible student" means a student who will begin fifth, sixth, seventh, or eighth grade in the next academic year and who has received an unsatisfactory proficiency level score on the state reading, writing, or mathematics assessment administered pursuant to section 22-71006.3 for the preceding academic year. (4) "Grant program" means the summer school grant program created in section 22-7803. (5) "State board" means the state board of education created pursuant to section 1 of article IX of the state constitution. Source: L. 2006: Entire part RC&RE, p. 670, § 11, effective April 28. L. 2008: (3) amended, p. 1207, § 15, effective May 22. L. 2015: (1) repealed and (3) amended, (HB 151323), ch. 204, p. 722, § 25, effective May 20. Cross references: For the legislative declaration contained in the 2008 act amending subsection (3), see section 1 of chapter 286, Session Laws of Colorado 2008. Colorado Revised Statutes 2019 Page 160 of 1211 Uncertified Printout 22-7-803. Summer school grant program - creation - administration - rules. (1) There is hereby created the summer school grant program to provide grants to school districts and institute charter schools to operate summer school programs for eligible students, subject to the requirements of this part 8. The grant program shall be designed to assist school districts and institute charter schools in providing intensive educational services to eligible students in the areas of reading, writing, or mathematics. (2) The department shall administer the grant program and the state board shall award grants as provided in this part 8. (3) The department shall evaluate the progress of the summer school programs operated by school districts and institute charter schools that receive grants pursuant to this part 8. (4) (a) The state board shall promulgate rules in accordance with article 4 of title 24, C.R.S., to implement and administer the grant program. At a minimum, the rules shall specify the following: (I) The time frames for submitting grant program applications; (II) The form of the grant program application; (III) The time frames for distribution of the grant moneys; (IV) The method by which the department shall evaluate the progress of the summer school programs operated by school districts and institute charter schools that receive grants pursuant to this part 8; and (V) Any other procedures or policies the state board deems necessary to implement and administer the grant program. (b) In implementing the grant program and rules promulgated pursuant to this subsection (4), the state board shall ensure that all grants awarded pursuant to this part 8 are issued to school districts or institute charter schools on or before April 30 of each budget year for which moneys are appropriated for the grant program. Source: L. 2006: Entire part RC&RE, p. 670, § 11, effective April 28. 22-7-804. Summer school programs - requirements. (1) A school district or institute charter school that receives a grant to provide a summer school program pursuant to this part 8 is subject to the following requirements: (a) The summer school program shall be research-based, pursuant to the federal "No Child Left Behind Act of 2001", 20 U.S.C. sec. 6301 et seq., as amended, and shall be delivered by teachers who are trained in the use of the program. (b) The school district or institute charter school conducting the summer school program shall administer, in the subject areas in which the summer school program will focus, a test to every eligible student participating in the program. The school district or institute charter school shall administer the test before the program begins and upon completion of the program to evaluate the progress of each eligible student who participates in the program. (c) The goal of the summer school program shall be to enable eligible students participating in the program to progress from scoring at the unsatisfactory proficiency level in reading, writing, or mathematics, as applicable, to scoring at the proficient level in reading, writing, or mathematics, as applicable. Source: L. 2006: Entire part RC&RE, p. 671, § 11, effective April 28. Colorado Revised Statutes 2019 Page 161 of 1211 Uncertified Printout 22-7-805. Summer school grant program - application - criteria. (1) A school district or institute charter school that seeks to receive a grant pursuant to this part 8 shall submit an application to the department in accordance with rules promulgated by the state board. A school district shall submit an application on behalf of all grade-appropriate schools in the district, including the district charter schools within the district. The application shall include the following information: (a) The number of eligible students enrolled in the school district or institute charter school, as applicable; (b) A description of the educational services that the school district or institute charter school anticipates providing through a summer school program; (c) A description of the method that the school district or institute charter school will use to measure an eligible student's academic progress throughout the program; (d) A description of the goals that the school district's or institute charter school's summer school program is expected to achieve and the method by which the school district or institute charter school will measure achievement of the goals; and (e) Any additional information required by rule of the state board promulgated pursuant to section 22-7-803 (4). (2) The department shall review the applications received from school districts and institute charter schools pursuant to this section and shall make recommendations to the state board concerning the awarding of grants and the amounts of the grants. The state board shall take into consideration the recommendations of the department and shall annually award grants to school districts and institute charter schools in amounts specified by the state board. In awarding grants pursuant to this part 8, the state board shall: (a) Consider whether the school district's or institute charter school's summer school program complies with the requirements of section 22-7-804; (b) Consider the geographic location of the school district or institute charter school, as applicable, and, to the extent possible, ensure that grant moneys are awarded to school districts and institute charter schools throughout the state; (c) Award grants to school districts and institute charter schools that are implementing summer school programs using curricula that are research-based and that have been used with demonstrated success either by the applying school district or institute charter school or by another school district; and (d) Award grants to school districts and institute charter schools that demonstrate success in improving the academic performance of eligible students in the area of reading, writing, or mathematics, as applicable. Source: L. 2006: Entire part RC&RE, p. 672, § 11, effective April 28. 22-7-806. Reporting requirements. (1) On or before October 1 of each year following a budget year for which moneys were appropriated for the grant program, each school district and institute charter school that receives a grant pursuant to this part 8 shall submit a report to the department after completion of its summer school program. The report shall include the following information: (a) The number of eligible students who participated in the school district's or institute charter school's summer school program, as applicable; Colorado Revised Statutes 2019 Page 162 of 1211 Uncertified Printout (b) The levels of performance in the subject area in which the summer school program was offered demonstrated by the eligible students participating in the summer school program both at the beginning of the program and at the end of the program, based on tests administered to the eligible students before and after participating in the program; and (c) Such other information as the state board may by rule, promulgated pursuant to section 22-7-803 (4), require to assess the effectiveness of the summer school programs operated by school districts and institute charter schools. Source: L. 2006: Entire part RC&RE, p. 673, § 11, effective April 28. 22-7-807. Summer school grant program - funding. (1) For the 2006-07 budget year and for each budget year thereafter, subject to available appropriations, the general assembly shall annually appropriate moneys from the state education fund created in section 17 (4) of article IX of the state constitution to the department to be used to award grants for summer school programs pursuant to this part 8. (2) The department may annually withhold a portion of the moneys appropriated for the purposes of this part 8 to offset the direct costs incurred in administering the grant program and in evaluating the progress of each summer school program pursuant to the requirement of section 22-7-803 (3). The amount withheld by the department in any budget year shall not exceed three percent of the amount appropriated for the purposes of this part 8 in that budget year. Source: L. 2006: Entire part RC&RE, p. 673, § 11, effective April 28. PART 9 READ-TO-ACHIEVE GRANT PROGRAM 22-7-901 to 22-7-909. (Repealed) Editor's note: (1) This part 9 was added in 2007. For amendments to this part 9 prior to its repeal in 2012, consult the 2011 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. (2) Section 22-7-909 provided for the repeal of this part 9, effective July 1, 2012. (See L. 2012, p. 672.) PART 10 PRESCHOOL TO POSTSECONDARY EDUCATION ALIGNMENT 22-7-1001. Short title. This part 10 shall be known and may be cited as the "Preschool to Postsecondary Education Alignment Act". Source: L. 2008: Entire part added, p. 740, § 1, effective May 14. Colorado Revised Statutes 2019 Page 163 of 1211 Uncertified Printout 22-7-1002. Legislative declaration. (1) The general assembly hereby finds that: (a) Since 1993, implementation of standards-based education has resulted in significant increases in the ability of school districts and the state to measure what each student knows and is able to demonstrate at various levels in the student's academic career and in significant increases in learning and academic achievement among some students enrolled in the public schools of the state; (b) However, Colorado continues to see a widening of the achievement gap, unacceptably high dropout rates throughout the state, unacceptably low numbers of high school graduates who continue into and successfully complete higher education, and an unacceptably high need for remediation among those students who do continue into higher education; (c) From the inception of the nation, public education was intended both to prepare students for the workforce and to prepare them to take their place in society as informed, active citizens who are ready to both participate and lead in citizenship. In recent years, the emphasis in public education has been squarely placed on the areas of reading, writing, mathematics, and science, but it is important that education reform also emphasize the public education system's historic mission of education for active participation in democracy. (d) With the advent of the twenty-first century and increasing expectations and demands with regard to the use of technology and higher-level critical thinking skills, coupled with increasing levels of national and international economic competition, it is now imperative that the state move to the next generation of standards-based education. (2) The general assembly finds that: (a) More and more studies indicate that high-quality early learning experiences are crucial to ensuring students' ultimate success in school, in postsecondary education, in the workforce, and in life, generally; (b) The next generation of standards-based education must take into account the fact that children enter school with varying skills and experiences. Under the Colorado student assessment program, Colorado does not have the ability to describe achievement gaps until students are in third grade, which, in most circumstances, is too late to adequately address the varying skill levels and experiences with which the students entered school. Understanding the skills, knowledge, and behavior that students bring to their earliest years of public education will provide crucial information to families, communities, schools, and teachers so that they can better support young children's learning and development. (c) With the increasing number of children who participate in preschool and the recognized importance of providing a high-quality preschool experience, the next generation of standards-based education must ensure that preschools provide very high-quality services that are most likely to help students develop the necessary skills to excel as they enter elementary school. (3) The general assembly finds that: (a) The next generation of standards-based education must consider the needs of the whole student by creating a rich and balanced curriculum; (b) The next generation of standards-based education must also take into account the fact that, while all students must be well prepared for active citizenship, different students will have different career aspirations: Some will seek higher education upon graduation; some will seek career or technical training to pursue a particular vocation; others will immediately seek to enter the workforce; Colorado Revised Statutes 2019 Page 164 of 1211 Uncertified Printout (c) In the modern world, however, there is little variation in the level of academic preparedness that a student must achieve in order to succeed after high school, regardless of the student's aspirations. To be successful in the workforce and earn a living wage immediately upon graduation from high school, a student needs nearly the same level of academic achievement and preparation that he or she would need to continue into career and technical or higher education. (d) In providing the curricula to ensure that each student attains the level of academic achievement and preparation he or she needs to continue into the student's chosen postgraduation path of entering the workforce, career and technical education, or higher education, a wide variety of curricular and program options will be necessary to spark in each student the ambition and desire to graduate from high school and achieve his or her aspirations; (e) Public education must encourage and accommodate students' exposure to and involvement in postsecondary planning and in activities that develop creativity and innovation skills; critical-thinking and problem-solving skills; communication and collaboration skills; social and cultural awareness; civic engagement; initiative and self-direction; flexibility; productivity and accountability; character and leadership; information technology application skills; and other skills critical to preparing students for the twenty-first-century workforce and for active citizenship; (f) The ultimate goal of public education, whatever the student's post-high school aspirations may be or whatever they may become over time, is to ensure that, to the extent possible, each student is prepared to meet his or her full potential. To this end, the system of preschool through postsecondary public education, and the educators who ensure its success, should never cease in striving to help a student achieve mastery of both knowledge and skills. (4) The general assembly concludes, therefore, that: (a) To educate students to their full potential, the state must align the public education system from preschool through postsecondary and workforce readiness. This alignment will ensure that a student who enters school ready to succeed and achieves the required level of proficiency on standards as he or she progresses through elementary and secondary education will have achieved postsecondary and workforce readiness when the student graduates from high school, if not earlier. As such, the student will be ready to enter the workforce or to enter postsecondary education without need for remediation. (b) Alignment of standards from preschool through postsecondary and workforce readiness requires that the state board of education and the Colorado commission on higher education, with the departments of education and higher education, work in close collaboration to create a seamless system of public education standards, expectations, and assessments; (c) Creating this seamless system of standards, expectations, and assessments from preschool through postsecondary and workforce readiness is a multi-faceted and complex project that will require multiple stages of planning, design, and implementation and that will likely continue over years. Further, achieving the goals outlined in this part 10 will likely require the reallocation of existing state resources and the identification and allocation of new resources to meet increased needs at the state and local levels, including but not limited to significant investment in professional development for educators. (d) Aligning standards from preschool through postsecondary and workforce readiness and creating a seamless system of public education will place even greater demands on principals, teachers, and other educators. The general assembly recognizes that enabling them to meet these demands will require an investment in professional development. Colorado Revised Statutes 2019 Page 165 of 1211 Uncertified Printout (e) Throughout the process of creating a seamless system of public education in Colorado, the state board of education and the Colorado commission on higher education must ensure that the standards for preschool through elementary and secondary education, culminating in postsecondary and workforce readiness, are sufficiently relevant and rigorous to ensure that each student who receives a public education in Colorado is prepared to compete academically and economically within the state or anywhere in the nation or the world. (5) The general assembly finds and declares that, for purposes of section 17 of article IX of the state constitution, adoption and implementation of a school readiness description, of standards and aligned assessments for preschool through elementary and secondary education, and of a postsecondary and workforce readiness description are critical elements of accountable education reform and accountable programs to meet state academic standards and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution. Source: L. 2008: Entire part added, p. 740, § 1, effective May 14. 22-7-1003. Definitions. As used in this part 10, unless the context otherwise requires: (1) "Assessment" means the method used to collect evidence of what a student knows and is able to do and to measure a student's academic progress toward attaining a standard. (2) "Board of cooperative services" or "BOCES" means a board of cooperative services created and operating pursuant to article 5 of this title that operates one or more public schools. (3) "Commission" means the Colorado commission on higher education created pursuant to section 23-1-102, C.R.S. (4) "Commissioner" means the commissioner of education appointed by the state board pursuant to section 22-2-110. (5) "District charter school" means a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title. A district charter school is a "district charter high school" if it serves any of grades nine through twelve. (6) "Division of child care" means the division within the department of human services that is responsible for child care regulation. (7) "Executive director" means the executive director of the department of higher education appointed by the governor pursuant to section 24-1-114, C.R.S. (8) "Institute charter school" means a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title. An institute charter school is an "institute charter high school" if it serves any of grades nine through twelve. (9) "Local education provider" means a school district, a board of cooperative services, a district charter school, or an institute charter school. (10) "Local school board" means a school district board of education. (11) "P-20 council" means the P-20 education coordinating council appointed by the governor pursuant to executive order B 003 07. (11.5) "Performing arts" shall have the same meaning as provided in section 22-1-104.5 (1)(b). (12) to (14) Repealed. Colorado Revised Statutes 2019 Page 166 of 1211 Uncertified Printout (15) "Postsecondary and workforce readiness" means the knowledge and skills that a student should have attained prior to or upon attaining a high school diploma, as adopted by the state board and the commission pursuant to section 22-7-1008. (16) Repealed. (17) "Postsecondary and workforce readiness program" means a program of study that, prior to or beginning in ninth grade and continuing through twelfth grade, is designed to prepare a student to demonstrate postsecondary and workforce readiness prior to or upon attaining a high school diploma. (18) "Postsecondary education" means all formal public education that requires as a prerequisite the acquisition of a high school diploma or its equivalent. "Postsecondary education" includes programs resulting in acquisition of a certificate, an associate degree of applied sciences, an associate degree of general studies, an associate degree of arts, or an associate degree of science and all baccalaureate degree programs. (19) "Regional educator meeting" means a meeting convened pursuant to section 22-71011 by the commissioner and the executive director in a regional service area. (20) "School district" means a school district, other than a local college district, organized and existing pursuant to law. (21) "School readiness" means the level of development that indicates a child is able to engage in and benefit from elementary school classroom environments, as adopted by the state board pursuant to section 22-7-1004. (22) "Standard" means a clear, measurable, learning target for what a student should know or be able to do relative to a particular instructional area. (23) "State board" means the state board of education created pursuant to section 1 of article IX of the state constitution. (24) "State plan" means the state plan required by the federal "No Child Left Behind Act of 2001", 20 U.S.C. sec. 6301 et seq. (25) "Visual arts" shall have the same meaning as provided in section 22-1-104.5 (1)(c). Source: L. 2008: Entire part added, p. 743, § 1, effective May 14. L. 2010: (11.5) and (25) added, (HB 10-1273), ch. 233, p. 1021, § 5, effective May 18. L. 2015: (12), (13), (14), and (16) repealed, (HB 15-1323), ch. 204, p. 728, § 46, effective May 20. Cross references: For the legislative declaration in the 2010 act adding subsections (11.5) and (25), see section 1 of chapter 233, Session Laws of Colorado 2010. 22-7-1004. School readiness description - school readiness assessment - adoption revisions. (1) On or before December 15, 2008, the state board shall adopt a description of school readiness. The state board, in adopting the school readiness description shall ensure that, at a minimum, school readiness includes physical well-being and motor development, social and emotional development, language and comprehension development, and cognition and general knowledge. (2) (a) On or before December 15, 2010, the state board shall adopt one or more assessments that are aligned with the description of school readiness and are suitable for measuring students' levels of school readiness. In adopting assessments of students' school readiness, the state board shall consider assessments that are research-based; recognized Colorado Revised Statutes 2019 Page 167 of 1211 Uncertified Printout nationwide as reliable instruments for measuring school readiness; and suitable for determining the instruction and interventions students need to improve their readiness to succeed in school. School readiness assessments shall not be used to deny a student admission or progression to kindergarten or first grade. (b) School readiness assessment results shall not be publicly reported for individual students. Following adoption of the school readiness assessment, the state board shall adopt a system for reporting population-level results that provide baseline data for measuring overall change and improvement in students' skills and knowledge over time. (3) (a) On or before July 1, 2017, and on or before July 1 every six years thereafter, the state board shall review the school readiness description and shall adopt any appropriate revisions to the description. The state board shall review the school readiness assessments and adopt any appropriate revisions to the school readiness assessments when the board reviews the assessments as specified in section 22-7-1006 (5). (b) The state board shall ensure that any revisions adopted pursuant to this subsection (3) continue to meet the requirements for the description of school readiness and the school readiness assessments specified in this section. Source: L. 2008: Entire part added, p. 746, § 1, effective May 14. L. 2010: (3)(a) amended, (HB 10-1013), ch. 399, p. 1908, § 23, effective June 10. 22-7-1005. Preschool through elementary and secondary education - aligned standards - adoption - revisions. (1) On or before December 15, 2009, the state board shall adopt standards that identify the knowledge and skills that a student should acquire as the student progresses from preschool through elementary and secondary education. (2) (a) The state board shall ensure that the preschool through elementary and secondary education standards, at a minimum, include standards in reading, writing, mathematics, science, history, geography, visual arts, performing arts, physical education, world languages, English language competency, economics, civics, financial literacy, and any other instructional areas for which the state board had adopted standards as of January 1, 2008. (b) In developing the preschool through elementary and secondary education standards, the state board shall also take into account any career and technical education standards adopted by the state board for community colleges and occupational education, created in section 23-60104, C.R.S., and, to the extent practicable, shall align the appropriate portions of the preschool through elementary and secondary education standards with the career and technical education standards. (c) In developing the preschool through elementary and secondary education standards, the state board shall include identification of the levels of attainment that a student shall achieve in order to demonstrate readiness for promotion from elementary grades to middle school grades and from middle school grades to high school grades. (2.3) On or before July 1, 2020, the state board shall adopt standards that identify the knowledge and skills that an elementary through secondary education student should acquire related to mental health, including suicide prevention. When the state board is adopting standards, the state board shall take into account what local education providers are currently teaching with regard to mental health. Colorado Revised Statutes 2019 Page 168 of 1211 Uncertified Printout (2.5) On or before July 1, 2018, the state board shall adopt standards that identify the knowledge and skills that a secondary student should acquire related to computer science, including computer code writing, in one or more courses that qualify as a graduation requirement in either mathematics or science. Local education providers may elect to implement the standards adopted pursuant to this subsection (2.5). (3) The state board in adopting the preschool through elementary and secondary education standards shall: (a) Align the standards to ensure that a student who demonstrates attainment of the standards as the student advances from preschool through elementary and secondary education will be able to demonstrate postsecondary and workforce readiness prior to or upon attaining a high school diploma; (b) Collaborate with the commission to ensure that the standards are aligned with the description of postsecondary and workforce readiness adopted pursuant to section 22-7-1008; (c) Ensure that the standards will facilitate longitudinal measurement of each student's academic growth from preschool through elementary and secondary education; (d) Ensure that the standards include development of postsecondary planning skills and the application of those skills; (e) Ensure that, in addition to measuring a student's subject matter knowledge, the standards, to the extent practicable, will require a student to develop and demonstrate creativity and innovation skills; critical-thinking and problem-solving skills; communication and collaboration skills; social and cultural awareness; civic engagement; initiative and selfdirection; flexibility; productivity and accountability; character and leadership; the ability to use information and communications technologies to find, evaluate, create, and communicate information; and other skills critical to preparing students for the twenty-first-century workforce and for active citizenship; and (f) Ensure that the standards are comparable in scope, relevance, and rigor to the highest national and international standards that have been implemented successfully and are consistent with and relevant to achievement of the goals specified in section 22-7-1002. (4) Repealed. (5) The state board shall modify the preschool through elementary and secondary education standards adopted pursuant to this section as necessary in response to comments received through the peer review process and to reflect the contents of the state plan approved pursuant to section 22-7-1012. (6) On or before July 1, 2018, and on or before July 1 every six years thereafter, the state board shall review and adopt any appropriate revisions to the preschool through elementary and secondary education standards specified in this section. In adopting revisions, the state board may add or delete one or more of the specific instructional areas based on the needs of the state and changes in national and international academic expectations. In adopting revisions to the standards pursuant to this subsection (6), the state board shall ensure that the standards continue to meet the requirements specified in subsection (3) of this section. In adopting revisions to the standards related to history and civics, the state board shall take into consideration any recommendations provided by the history, culture, social contributions, and civil government in education commission established in section 22-1-104.3. Colorado Revised Statutes 2019 Page 169 of 1211 Uncertified Printout Source: L. 2008: Entire part added, p. 746, § 1, effective May 14; (2)(a) amended, p. 2276, § 5, effective June 5. L. 2010: (2)(a) amended, (HB 10-1273), ch. 233, p. 1022, § 6, effective May 18; (6) amended, (HB 10-1013), ch. 399, p. 1908, § 24, effective June 10. L. 2015: (4) repealed, (HB 15-1323), ch. 204, p. 729, § 47, effective May 20. L. 2016: (2.5) added, (HB 16-1198), ch. 122, p. 346, § 2, effective August 10. L. 2017: (3)(e) amended, (HB 171184), ch. 145, p. 487, § 2, effective August 9. L. 2019: (2.3) added, (HB 19-1120), ch. 197, p. 2150, § 5, effective May 16; (6) amended, (HB 19-1192), ch. 302, p. 2776, § 3, effective May 28. Cross references: For the legislative declaration in the 2010 act amending subsection (2)(a), see section 1 of chapter 233, Session Laws of Colorado 2010. For the legislative declaration in HB 17-1184, see section 1 of chapter 145, Session Laws of Colorado 2017. For the legislative declaration in HB 19-1120, see section 1 of chapter 197, Session Laws of Colorado 2019. 22-7-1006. Preschool through elementary and secondary education - aligned assessments - adoption - revisions. (1) (a) On or before December 15, 2010, or as soon thereafter as fiscally practicable, the state board shall adopt a system of assessments that are aligned with the preschool through elementary and secondary education standards and are designed to measure students' levels of attainment of the standards and to longitudinally measure students' academic progress toward attaining the standards and toward attaining postsecondary and workforce readiness. In adopting the system of assessments, the state board shall ensure, at a minimum, that the system is designed to: (I) Provide relevant, timely results that will aid teachers, parents, and students in identifying areas in which students may need additional support or assistance in attaining the standards; (II) Facilitate and ensure longitudinal measurement of students' academic growth over time; (III) Provide guidance to teachers, parents, and students in determining whether each student is making the necessary progress toward achieving postsecondary and workforce readiness; (IV) Provide results that may be used across multiple education systems as a student progresses from preschool through elementary and secondary education and into postsecondary education; (V) Maintain a high level of accountability across the state for students, schools, and school districts; (VI) Comply with the requirements of federal law with regard to statewide standardized testing; and (VII) Provide assessment scores that are useful in measuring student academic performance, the academic performance of a school, and the academic performance of a school district for purposes of state and federal accountability systems. (b) In adopting a system of assessments, the state board shall give consideration to the use of authentic assessment methods, such as portfolios, projects, and performances, so long as the assessment methods are valid and reliable, employ standard scoring criteria, and align with the preschool through elementary and secondary education standards. Colorado Revised Statutes 2019 Page 170 of 1211 Uncertified Printout (c) In adopting a system of assessments, the state board shall also adopt scoring criteria for measuring a student's level of attainment of a standard based on the student's performance on a particular assessment and for measuring a student's progress toward attaining postsecondary and workforce readiness. (d) In adopting a system of assessments, the state board shall also make recommendations concerning a system of ratings for public schools that recognizes each school's success in supporting the longitudinal academic growth of the students enrolled in the public schools and in achieving adequate yearly progress as required by federal law. (e) In adopting a system of assessments, the state board shall recommend legislative changes as necessary to implement the system and the proposed changes to the system of ratings for public schools. (f) The state board shall ensure that the assessments adopted pursuant to this section are a combination of constructed response and selected response tasks that require the student to produce information or perform tasks in a way that the student's skills and competencies can be measured. (1.5) Colorado shall participate as a governing board member, at least until January 1, 2014, in a consortium of states that focuses on the readiness of students for college and careers by developing a common set of assessments. On or before January 1, 2014, and on or before each January 1 thereafter, if Colorado is a governing board member of the consortium of states, the state board is strongly encouraged to conduct a fiscal and student achievement benefit analysis of Colorado remaining a governing board member of the consortium. If adopting the system of assessments that is aligned with the state standards for reading, writing, and mathematics, the state board shall rely upon assessments developed by the consortium of states. (2) In adopting the system of assessments, the state board shall ensure that the assessments it adopts that are administered in high school are designed to enable a student to demonstrate postsecondary and workforce readiness by the time the student graduates from high school. (3) In adopting an assessment that is aligned with the state standards for writing, the state board shall: (a) Ensure that any writing assessment that is included within the system of assessments can be evaluated and the results returned to the local education providers in a timely manner and that the assessment is designed to provide relevant, useful results; and (b) Seek input from local education providers concerning the writing assessments used by each local education provider, the usefulness of the assessments, and recommendations from the local education provider concerning writing assessments that would be effectively used at a statewide level. (4) The state board shall modify the system of assessments adopted pursuant to this section as necessary in response to comments received through the peer review process and to reflect the contents of the state plan approved pursuant to section 22-7-1012. (5) (a) Every six years after the adoption of the system of assessments pursuant to paragraph (a) of subsection (1) of this section, the state board shall review and adopt any appropriate revisions or updates to the system of assessments, including any assessments administered in languages other than English. The state board may adopt revisions to an assessment or adopt additional assessments, regardless of whether it adopts any revision to the standards with which the assessment is aligned. In adopting revisions to the system of Colorado Revised Statutes 2019 Page 171 of 1211 Uncertified Printout assessments, the state board shall ensure that the system of assessments continues to meet the requirements specified in this section. The department of education shall review and update the administration and security policies for assessments as necessary to maintain the integrity of the assessments. (b) In reviewing the assessments administered to students enrolled in high school, the state board shall adopt any revisions that may be necessary to ensure that the assessments are aligned with any revisions to the description of postsecondary and workforce readiness adopted by the state board and the commission pursuant to section 22-7-1008 (3)(a). Source: L. 2008: Entire part added, p. 748, § 1, effective May 14. L. 2010: IP(1)(a) and (5) amended, (HB 10-1013), ch. 399, p. 1908, § 25, effective June 10. L. 2012: (1.5) added, (HB 12-1240), ch. 258, p. 1334, § 58, effective June 4. L. 2015: (1)(f) added and (2) and (5) amended, (HB 15-1323), ch. 204, pp. 712, 729, §§ 2, 48, effective May 20. Editor's note: Amendments to subsection (5) by § 2 and § 48 of HB 15-1323 were harmonized. 22-7-1006.1. Assessment selection - department of education - study - legislative declaration - repeal. (Repealed) Source: L. 2016: Entire section added, (HB 16-1234), ch. 337, p. 1369, § 2, effective June 10. Editor's note: Subsection (4) provided for the repeal of this section, effective July 1, 2017. (See L. 2016, p. 1369). Cross references: For the legislative declaration in HB 16-1234, see section 1 of chapter 337, Session Laws of Colorado 2016. 22-7-1006.3. State assessments - administration - rules. (1) (a) Beginning in the 2015-16 school year, the department of education, in collaboration with local education providers, shall administer the state assessments in the instructional areas of English language arts, mathematics, science, and social studies, as adopted by the state board pursuant to section 22-7-1006, as follows: (I) The department shall administer a state assessment in English language arts and a state assessment in mathematics to all students enrolled in grades three through eight in public schools throughout the state. (II) The department shall administer a state assessment in science to students enrolled in public elementary, middle, and high schools throughout the state. The department shall select the specific grades in which to administer the state science assessment, ensuring that students take the state science assessment once in elementary school, once in middle school, and once in high school; except that the department shall not administer the state science assessment to students enrolled in twelfth grade. (III) The department shall administer a state assessment in social studies to students enrolled in public elementary, middle, and high schools throughout the state. The department Colorado Revised Statutes 2019 Page 172 of 1211 Uncertified Printout shall select the specific grades in which to administer the state social studies assessment, ensuring that students take the state social studies assessment once in elementary school, once in middle school, and once in high school; except that the department shall not administer the state social studies assessment to students enrolled in twelfth grade. The department shall administer the social studies assessment in a representative sample of public schools each school year, ensuring that it administers the social studies assessment in each public school at least once every three years. A school district, for one or more of the schools of the school district that are not included in the representative sample, or a charter school that is not included in the representative sample, may request that the department administer the assessment in the district school or charter school. The department shall administer the social studies assessment in the requested school in the school year following the school year in which it receives the request. (b) Repealed. (c) The department of education, in collaboration with local education providers, shall administer the state assessments on a schedule that the department annually sets. (d) If all or any portion of a state assessment requires a student to use a computer to take the assessment, at the request of a local education provider, the department of education must administer the portions of the state assessment that require a computer in a format that a student may complete using pencil and paper. Each local education provider shall report to the department the number of students it enrolls who will take the state assessment in a pencil-andpaper format. (e) The department shall review and update assessment administration and security policies as necessary to maintain the integrity of the assessments. (2) (a) The department of education shall select and the state shall pay the costs of administering an assessment that is aligned with the state academic standards for students enrolled in ninth grade and with the assessment selected pursuant to subsection (2)(a.5) of this section. Every five years, the department shall request competitive bids and contract for the assessment required in this subsection (2)(a). Each local education provider shall administer the ninth-grade assessment during the spring semester on a schedule that the department annually sets. (a.5) The department of education shall select and the state shall pay the costs of administering an assessment that is aligned with the state academic standards for students enrolled in tenth grade and with the assessment selected pursuant to subsection (2)(b) of this section. Every five years, the department shall request competitive bids and contract for the assessment required in this subsection (2)(a.5). Each local education provider shall administer the assessment for students enrolled in tenth grade. Each local education provider shall administer the tenth-grade assessment on a schedule that the department annually sets. (b) The department of education shall select and the state shall pay the costs of administering an assessment that is administered throughout the United States and relied upon by institutions of higher education, referred to in this section as the "curriculum-based, achievement college entrance exam". Every five years, the department shall request competitive bids and contract for the curriculum-based, achievement college entrance exam. At a minimum, the curriculum-based, achievement college entrance exam must test in the areas of reading, writing, mathematics, and science. Each local education provider shall administer the curriculum-based achievement college entrance exam for students enrolled in eleventh grade. The local education provider shall administer the writing portion of the curriculum-based, achievement college Colorado Revised Statutes 2019 Page 173 of 1211 Uncertified Printout entrance exam to each student who requests the opportunity to take the writing portion. The department shall pay the costs of administering the writing portion of the exam. (c) (I) The department of education shall annually schedule a day on which the curriculum-based, achievement college entrance exam is administered for all eleventh-grade students enrolled in public high schools throughout the state. (II) Notwithstanding the provisions of subparagraph (I) of this paragraph (c), a student who can show a need to take the curriculum-based, achievement college entrance exam on an alternate date on which the exam is administered throughout the country may take the exam on that alternate date, so long as the alternate date is before the date scheduled by the department pursuant to subparagraph (I) of this paragraph (c). The department shall pay all costs associated with a student taking the curriculum-based, achievement college entrance exam on an alternate date as provided in this subparagraph (II). (d) The state board shall adopt rules to ensure that the requirements of the administrator of the curriculum-based, achievement college entrance exam, such as a secure environment, are met and to identify the level of need that a student must demonstrate to take the curriculumbased, achievement college entrance exam on an alternate date as provided in subparagraph (II) of paragraph (c) of this subsection (2). (2.5) As soon as practicable after June 10, 2016, the department of education shall apply to the federal department of education for innovative assessment and accountability demonstration authority as authorized in section 1201 of Title I of part B of the federal "Every Student Succeeds Act", Pub.L. 114-95, enacted by the 114th Congress. The commissioner of education shall notify the chairs of the education committees of the house of representatives and the senate, or any successor committees, when the department submits the application and when the department receives the response from the federal department of education granting or denying the state demonstration authority. (3) (a) Except as otherwise provided in paragraphs (b) and (c) of this subsection (3), each student enrolled in a public school is required to take the state assessments administered pursuant to subsection (1) of this section at the student's grade level, as determined by the enrolling local education provider. (b) A child who is enrolled in a nonpublic school or participating in a nonpublic homebased educational program pursuant to section 22-33-104.5 is not required to take a state assessment administered pursuant to this section, even though the child may also be attending a public school for a portion of the school day and therefore included in the enrollment of a local education provider. (c) A student who has an individualized education program as provided in section 22-20108, and whose individualized education program specifies that the student takes the state's alternate assessment for students with significant cognitive disabilities or another assessment approved by rule of the state board, is not required to take the state assessments administered pursuant to subsection (1) of this section, but the student must take the alternate assessment or the other approved assessment. Each local education provider shall report to the department of education the results of the alternate assessments or other approved assessments administered to students enrolled by the local education provider. The department shall aggregate the results separately for each public school. (d) If a student has an individualized education program as provided in section 22-20108 that specifies that the student takes the state assessment, the enrolling local education Colorado Revised Statutes 2019 Page 174 of 1211 Uncertified Printout provider shall assess the student in each instructional area for which there is a state test at the student's grade level. If, as part of a student's individualized education program, the student attends part-time a school or program away from the school in which the student is enrolled, the local education provider that enrolls a student, or the administrative unit that the local education provider is a member of, may designate either the school of residence or the school of attendance as the school to which the department of education must assign the student's scores for purposes of measuring the levels of attainment on the performance indicators specified in section 22-11204, determining accreditation categories pursuant to section 22-11-208, and measuring public school performance pursuant to section 22-11-210. If a student who has an individualized education program attends school in an administrative unit other than the student's administrative unit of residence, and there is a contract between the two administrative units, the administrative units must specify in the contract the public school to which the department shall assign the student's scores for purposes of measuring the levels of attainment on the performance indicators, determining accreditation categories, and measuring public school performance. (4) (a) (I) The department of education in collaboration with local education providers shall administer the English versions of the state assessments and may administer an assessment adopted by the state board in languages other than English, as may be appropriate for English language learners; except that a student who has participated in an English language proficiency program, as provided in article 24 of this title, for more than a total of three school years is ineligible to take the state assessments in a language other than English. (II) Notwithstanding the provisions of subparagraph (I) of this paragraph (a) to the contrary, a local education provider may administer an assessment adopted by the state board in a language other than English for up to five years to a student who is an English language learner if allowed by a waiver received from the federal department of education pursuant to paragraph (c) of this subsection (4). (b) The state board shall revise as necessary and the department of education shall administer reading and writing assessments in Spanish for students enrolled in the third and fourth grades. (c) As soon as practicable after May 20, 2015, the department of education shall submit to the federal department of education a request for a waiver of federal law to enable a local education provider to administer a state assessment in a language other than English for up to five school years to a student who is an English language learner. (5) (a) Notwithstanding any provision of this section to the contrary, a student who is an English language learner, as defined in section 22-24-103, and who has been enrolled in a school in the United States for fewer than twelve months is not required to take the English language arts assessment required in subsection (1) of this section. The year in which the student does not take the English language arts assessment is included as one of the three or five years, as applicable, in which the student may take the state assessment in his or her native language as provided in subsection (4) of this section. (b) If allowed by federal law or by a waiver of federal law received from the federal department of education pursuant to paragraph (c) of this subsection (5), in the first twenty-four months in which a student who is an English language learner is enrolled in a school in the United States and takes the English language arts assessment, the department of education shall not include the student's scores in calculating achievement of the performance indicators Colorado Revised Statutes 2019 Page 175 of 1211 Uncertified Printout pursuant to part 2 of article 11 of this title for the local education provider that enrolls the student. (c) As soon as practicable after May 20, 2015, the department of education shall submit to the federal department of education a request for a waiver of federal law as necessary to implement paragraph (b) of this subsection (5). (6) The department of education, by policy, may determine whether the scores of one or more groups of students are not appropriate to be used in measuring the levels of attainment on the performance indicators, as defined in section 22-11-103. A policy that the department adopts pursuant to this subsection (6) must be in accordance with the requirements of federal statutes and regulations. (7) (a) The department of education shall provide to each local education provider the results of all of the state assessments that the local education provider administers and make available to local education providers the state assessment data of individual students that is required to measure academic progress over time. The department shall align the disaggregation of state assessment results with the exclusion of scores permitted by subsection (6) of this section. (b) The department of education shall release to the public only those state assessment results that the department deems valid. The department shall not rely on state assessment results that the department has deemed invalid in performance calculations when assigning accreditation levels or school plan types, as described in article 11 of this title, to a local education provider. At any time that the department releases state assessment results to the public, in addition to releasing the results of the English versions of the state assessments, the department shall release the results of any state assessments administered in languages other than English. (c) At the request of a local education provider, the entity that is responsible for developing a state assessment must return to the local education provider the student responses to the essay portion and appropriate paragraphs that are released from the English language arts portion of the state assessment and the results of all requested state assessments. The requesting local education provider must pay the entity for the actual cost of photocopying and mailing the English language arts portion of the state assessment. The requesting local education provider shall maintain the confidentiality of all state assessment results that it receives and may use the essay portion and appropriate paragraphs only to improve an individual student's writing skills. (d) Each local education provider shall include the results of the state assessments administered pursuant to subsection (1) of this section on each student's final report card for the applicable school year and include the results in the student's permanent academic record; except that a local education provider may include state assessment data on a student's final report card only if the local education provider has sufficient time to process the state assessment results after they are released. (8) (a) Each local education provider shall adopt policies to ensure that appropriate personnel within each school district and each institute charter school share with and explain to the parent or legal guardian of each student enrolled in the school district or the institute charter school the student's state assessment results returned to the student's public school pursuant to subsection (7) of this section. (b) The department of education shall create, maintain, and make available to local education providers and parents or legal guardians, upon request, a list of resources and programs that public schools and parents or legal guardians may access to assist students in Colorado Revised Statutes 2019 Page 176 of 1211 Uncertified Printout addressing specific learning issues identified by the state assessment results provided pursuant to this section. (9) (a) The department of education shall permit a nonpublic school to administer the state assessments required by subsection (1) of this section and shall provide to the nonpublic school the results of any state assessments administered. The nonpublic school must pay all costs associated with administering and providing results for the state assessments. (b) A local education provider, upon the request of the parent or legal guardian of a child who is participating in a nonpublic home-based educational program pursuant to section 22-33104.5, must permit the child to take a state assessment required by subsection (1) of this section and must provide to the parent or legal guardian of the child the results of state assessments administered. The parent or legal guardian of the child must pay all costs associated with administering and providing results for the state assessments. (10) For each fiscal year, the general assembly shall appropriate money in the annual general appropriation act to the department of education to fund administration of the state assessments as described in this section, including administration of the ninth-grade assessment, the tenth-grade assessment, and the curriculum-based, achievement college entrance exam described in subsection (2) of this section. Source: L. 2015: Entire section added, (HB 15-1323), ch. 204, p. 703, § 1, effective May 20; IP(1)(a) amended and (1)(a)(III) added, (SB 15-056), ch. 203, p. 701, § 2, effective May 20. L. 2016: (2.5) added, (HB 16-1234), ch. 337, p. 1370, § 3, effective June 10. L. 2017: (1)(a)(I), (2)(a), and (10) amended, (1)(b) repealed, and (2)(a.5) added, (HB 17-1181), ch. 385, p. 1997, § 1, effective June 6. Cross references: For the legislative declaration in HB 16-1234, see section 1 of chapter 337, Session Laws of Colorado 2016. 22-7-1006.5. Pilot program - alternative assessment. (1) There is created a pilot program to allow local education providers to create or select assessments, which the local education provider may administer to prove the validity and reliability of the assessments and the comparability of the assessments with the state assessments. The goals of the pilot program are to provide more timely and relevant data to educators to inform instruction throughout the school year, while continuing to provide comparative data for state accountability purposes. (2) (a) For a local education provider to participate in the pilot program as described in this section, the local school board or other governing body of the local education provider must first adopt a written resolution that authorizes the local education provider to participate in the pilot program. (b) If authorized by its local school board or other governing body, a local education provider, individually or in combination with one or more other local education providers, may participate in the first phase of the pilot program by creating or selecting assessments that meet the requirements specified in subsection (3) of this section and administering those assessments for two school years to all or a portion of the students enrolled in at least one elementary grade, one middle school grade, and one high school grade. After administering the assessments for two school years, the local education provider must submit to the department of education the assessment results for each year in which they were administered and the local education Colorado Revised Statutes 2019 Page 177 of 1211 Uncertified Printout provider's demonstration that the results are comparable to the results obtained on the state assessments administered in the same school years. (c) A local education provider that is selected to participate in phase two of the pilot program pursuant to subsection (4) of this section shall administer its selected assessments for up to two years to students enrolled by the local education provider in grades three through eleven. The local education provider shall submit to the department the assessment results for each year in which they were administered and the local education provider's demonstration that the results are comparable to the results obtained on the state assessments administered in the same school years. (d) A local education provider that participates in the pilot program must: (I) Notify the department of education at the beginning of each school year in which it intends to administer assessments pursuant to this section and identify the assessments that the local education provider intends to administer; (II) Notify the parents of the students enrolled by the local education provider at the beginning of each school year in which it intends to administer assessments pursuant to this section that the local education provider is choosing to administer assessments pursuant to this section; and (III) If the local education provider is a school district, work with the school district's personnel performance evaluation council created pursuant to section 22-9-107 in selecting or creating and administering assessments pursuant to this section. (3) The assessments that a local education provider chooses to administer pursuant to this section must: (a) In phase one of the pilot program, assess students in each of the subject areas required in section 22-7-1006.3 in at least one elementary grade, one middle school grade, and one high school grade; (b) In phase two of the pilot program, assess students in all of the subject areas and at all of the grade levels required in section 22-7-1006.3; (c) Provide sufficient data each school year to disaggregate and report results for student groups as defined in section 22-11-103 (34); and (d) Provide sufficient data each school year to measure, for each student enrolled in the grades that are assessed, the student's progress in meeting the state academic standards. (4) (a) Each local education provider that participates in phase one of the pilot program shall submit the results of the local assessments to the department of education for analysis and evaluation. After the department receives the local assessment data from all participating local education providers, the department shall review the data to ensure that each assessment meets the requirements specified in subsection (3) of this section and that each assessment is valid and reliable. Based on the assessment data, the department shall recommend to the state board two of the local education providers to participate in phase two of the pilot program. The state board, taking into consideration the department's recommendations, shall select the two local education providers that may participate in phase two of the pilot program. (b) Each local education provider that participates in phase two of the pilot program shall submit the results of the local assessments to the department of education for analysis and evaluation. After the department receives the local assessment data from all participating local education providers, the department shall review the data to ensure that each assessment meets the requirements specified in subsection (3) of this section and that each assessment is valid and Colorado Revised Statutes 2019 Page 178 of 1211 Uncertified Printout reliable. Based on the assessment data, the department shall recommend to the state board one of the local assessments for approval as the new state assessment or recommend that the state continue administering the existing state assessments. The state board shall review the assessment data and, taking into account the department's recommendation, select the new state assessment or continue administering the existing state assessments. The department and the state board shall base the recommendation and selection on the validity, reliability, and comparability of the assessment and ensure that the selected assessment, if any, meets the goals of the pilot program stated in subsection (1) of this section. (c) If the state board adopts a new state assessment, the state board shall notify the general assembly. Implementation of a new state assessment is conditional on the enactment of legislation that approves the use of the new assessment. (d) As soon as possible after May 20, 2015, the department of education shall apply to the federal department of education for a waiver of federal statutory and regulatory requirements to the extent necessary to implement phase one of the pilot program, including a waiver of the requirement to administer a single statewide assessment as applied to the local education providers that participate in phase one and phase two of the pilot program. Before the beginning of phase two of the pilot program, the department shall apply to the federal department of education for a waiver of federal statutory and regulatory requirements to the extent necessary to implement phase two of the pilot program. If the state board adopts a new state assessment, the department shall apply to the federal department of education for a waiver of federal statutory and regulatory requirements as necessary to implement the new state assessment if adopted as provided in paragraph (b) of this subsection (4). (e) Upon the request of a local education provider that participates in the pilot program, the department shall provide technical assistance to the local education provider in selecting local assessments and evaluating the assessment results. (f) If the federal department of education requires a local education provider to administer the state assessments required in section 22-7-1006.3 while the local education provider is participating in the pilot program, the local education provider shall: (I) Administer the state assessments as required in section 22-7-1006.3 in addition to the local assessments while participating in the pilot program; and (II) Specify in the notice required in paragraph (d) of subsection (2) of this section that the local education provider is choosing to administer assessments through the pilot program in addition to the state assessments required in section 22-7-1006.3. Source: L. 2015: Entire section added, (HB 15-1323), ch. 204, p. 703, § 1, effective May 20. 22-7-1007. Postsecondary and workforce readiness assessments pilot program rules. (Repealed) Source: L. 2008: Entire part added, p. 750, § 1, effective May 14. L. 2009: (2) and (3) amended, (HB 09-1046), ch. 35, p. 145, § 1, effective March 20; (2) amended, (SB 09-163), ch. 293, p. 1531, § 16, effective May 21.L. 2015: Entire section repealed, (HB 15-1323), ch. 204, p. 730, § 49, effective May 20. Colorado Revised Statutes 2019 Page 179 of 1211 Uncertified Printout 22-7-1008. Postsecondary and workforce readiness description - adoption - revision. (1) (a) On or before December 15, 2009, the state board and the commission shall negotiate a consensus and adopt a description of postsecondary and workforce readiness. In describing postsecondary and workforce readiness, the state board and the commission shall, at a minimum: (I) Describe the knowledge and skills that are required for a student to demonstrate postsecondary and workforce readiness; (II) Ensure that postsecondary and workforce readiness includes demonstration of postsecondary planning skills and the ability to apply those skills; (III) Describe the level of English language competency that a student must demonstrate in order to demonstrate postsecondary and workforce readiness; (IV) Ensure that postsecondary and workforce readiness includes demonstration of a sufficiently high level of comprehension or skill to successfully complete, without need for remediation, the core academic courses identified by the commission pursuant to section 23-1125 (3), C.R.S.; and (V) Ensure that, to the extent practicable, postsecondary and workforce readiness requires a student to demonstrate creativity and innovation skills; critical-thinking and problemsolving skills; communication and collaboration skills; social and cultural awareness; civic engagement; initiative and self-direction; flexibility; productivity and accountability; character and leadership; information technology application skills; and other skills critical to preparing students for the twenty-first-century workforce and for active citizenship. (b) The state board and the commission may modify the description of postsecondary and workforce readiness as necessary based on the recommendations received through the peer review process on the amended state plan pursuant to section 22-7-1012 to ensure alignment of the postsecondary and workforce readiness description with the standards and assessments. (2) The state board, in adopting state assessments pursuant to section 22-7-1006, shall ensure that the state assessments administered to students enrolled in high school are aligned with the Colorado academic standards and are sufficient to enable a student to demonstrate postsecondary and workforce readiness by the time the student graduates from high school. (3) (a) On or before July 1, 2015, and on or before July 1 every six years thereafter, the state board and the commission shall review, negotiate a consensus, and adopt any appropriate revisions to the description of postsecondary and workforce readiness. The state board and the commission shall ensure that any revisions adopted pursuant to this paragraph (a) meet the requirements for the description of postsecondary and workforce readiness specified in subsection (1) of this section. (b) Repealed. Source: L. 2008: Entire part added, p. 752, § 1, effective May 14. L. 2010: (2)(a) and (3)(b), (HB 10-1013), ch. 399, p. 1909, § 26, effective June 10. L. 2015: (1)(b) and (2) amended and (3)(b) repealed, (HB 15-1323), ch. 204, p. 730, § 50, effective May 20. 22-7-1009. Diploma endorsements - adoption - revisions. (1) On or before July 1, 2011, or as soon thereafter as fiscally practicable, the state board shall adopt criteria that a local school board, BOCES, or institute charter high school may apply if the local school board, BOCES, or institute charter high school chooses to endorse high school diplomas to indicate that students have achieved postsecondary and workforce readiness. The criteria shall include, but Colorado Revised Statutes 2019 Page 180 of 1211 Uncertified Printout need not be limited to, the required minimum level of postsecondary and workforce readiness that a student must achieve to receive a readiness endorsement on his or her diploma from the local school board, BOCES, or institute charter high school. In identifying the required minimum level of postsecondary and workforce readiness, the state board shall ensure that the minimum level of postsecondary and workforce readiness reflects the expectations for postsecondary and workforce readiness that are applied nationally and internationally. (2) The state board shall also adopt criteria for an endorsement that a local school board, BOCES, or institute charter high school may choose to grant to graduating students that would indicate extraordinary academic achievement or exemplary demonstration by a student of postsecondary and workforce readiness. (3) Following adoption of the criteria for diploma endorsements pursuant to subsections (1) and (2) of this section, the state board shall consult with the commission and the governing boards of the state institutions of higher education. The provisions of section 22-7-1017 (2) shall take effect only if the commission and the governing boards approve the criteria. (4) The state board shall also consider and may adopt criteria for a range of additional endorsements that a school district, BOCES, or institute charter high school may choose to grant to graduating students to recognize concentrated focus and outstanding achievement in a variety of subject areas, including but not limited to visual arts, performing arts, career and technical education, history and civics, mathematics, and science. (5) In adopting endorsement criteria pursuant to this section, the state board shall take into consideration any career and technical education standards that are adopted by the state board for community colleges and occupational education, created in section 23-60-104, C.R.S. (6) Every six years after the adoption of criteria for endorsements pursuant to subsection (1) of this section, the state board shall revise and adopt any appropriate revisions to such criteria for endorsements. Source: L. 2008: Entire part added, p. 754, § 1, effective May 14. L. 2010: (4) amended, (HB 10-1273), ch. 233, p. 1022, § 7, effective May 18; (1) and (6) amended, (HB 10-1013), ch. 399, p. 1909, § 27, effective June 10. L. 2012: (1) amended, (HB 12-1345), ch. 188, p. 729, § 18, effective May 19. L. 2013: (1) amended, (HB 13-1219), ch. 104, p. 362, § 7, effective August 7. Cross references: For the legislative declaration in the 2010 act amending subsection (4), see section 1 of chapter 233, Session Laws of Colorado 2010. For the legislative declaration in the 2012 act amending subsection (1), see section 11 of chapter 188, Session Laws of Colorado 2012. 22-7-1009.3. Diploma endorsement - science, technology, engineering, and mathematics - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Granting local education provider" means a local school board, BOCES, district charter high school, or institute charter high school that chooses to grant a STEM diploma endorsement to a student who demonstrates mastery in the STEM disciplines as described in this section. (b) "STEM" means the combination of the disciplines of science, technology, engineering, and mathematics. Colorado Revised Statutes 2019 Page 181 of 1211 Uncertified Printout (2) A local education provider may grant a diploma endorsement in STEM to a graduating high school student who demonstrates mastery in the STEM disciplines. To obtain an endorsement in STEM, a graduating student must: (a) Meet the minimum high school graduation requirements at a high level of proficiency as specified by the granting local education provider; (b) Successfully complete, with a grade point average of at least 3.5 on a 4.0 scale or the equivalent for a higher scale, a coherent sequence of at least four courses in the areas of science, technology, engineering, and mathematics as determined by the granting local education provider, which courses are in addition to the minimum graduation requirements in these areas; (c) Demonstrate proficiency in mathematics by: (I) Achieving a score of twenty-eight or higher on the mathematics portion of the ACT college readiness assessment; (II) Achieving a score of six hundred or higher on the mathematics portion of the college readiness assessment provided by the College Board, commonly known as the SAT; (III) Achieving a score of five or higher on the mathematics portion of the international baccalaureate test; (IV) Achieving a score of four or higher on the advanced placement mathematics assessment; (V) Achieving a score of one hundred or higher on the suite of tests that assesses reading, writing, mathematics, and computer skills provided by the College Board for college placement purposes, commonly known as the Accuplacer; or (VI) Achieving a score of eighty-five or higher on the armed services vocational aptitude battery test used for military enlistment; and (d) Successfully complete a final capstone project, which is a culminating exhibition of the student's project or experience that demonstrates academic and intellectual learning. To successfully complete a final capstone project, the student must achieve a high proficiency level of mastery, as set by the granting local education provider, for each of the following competencies: (I) Inquiry-based learning, which is demonstrated through the capstone project by asking questions and defining problems; (II) Creative problem-solving, which is demonstrated through the capstone project by developing and applying scientific and mathematical models to explain complex ideas and solutions; (III) Experimentation, which is demonstrated through the capstone project by planning and carrying out investigations; (IV) Critical thinking, which is demonstrated through the capstone project by analyzing and interpreting data and communicating conclusions; (V) Deductive and inductive reasoning, which is demonstrated through the capstone project by using mathematics and computational thinking; (VI) Understanding of engineering principles, which is demonstrated through the capstone project by constructing explanations and designing solutions; and (VII) Effective communication skills, which are demonstrated through the capstone project by engaging in argument from evidence. (3) Each granting local education provider shall work with STEM-related business and industrial leaders identified by the local education provider within the surrounding communities Colorado Revised Statutes 2019 Page 182 of 1211 Uncertified Printout and with appropriate institutions of higher education to establish the high proficiency levels of mastery that a student must demonstrate in each of the competencies described in subsection (2)(d) of this section. (4) Each granting local education provider shall annually provide to students enrolled in grades six through twelve and their parents information concerning the requirements for obtaining the STEM diploma endorsement. Source: L. 2017: Entire section added, (HB 17-1201), ch. 211, p. 823, § 1, effective May 18. 22-7-1009.5. Diploma endorsement - biliteracy - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Advanced placement test" means the final test administered at the completion of a course that delivers a college-level curriculum in a particular world language and that may result in the awarding of college credit based on the score achieved on the final test. (b) "International baccalaureate" means a program of international education offered through a local education provider by a nonprofit educational foundation. (c) "World language" means a language other than English and includes American sign language. (2) A local education provider may grant a diploma endorsement in biliteracy to a graduating high school student who attains proficiency or higher in one or more world languages in addition to attaining proficiency or higher in English. To obtain an endorsement in biliteracy, a graduating student must: (a) Demonstrate proficiency or higher in English by: (I) Completing all of the English language arts course requirements for graduation from high school with an overall grade point average of at least 3.0 in the required English language arts courses; and (II) (A) Achieving a score that indicates proficiency or higher on the English language arts portion of the curriculum-based, achievement college entrance exam administered to eleventh-grade students pursuant to section 22-7-1006.3 (2); or (B) Passing the English language arts advanced placement test with a score of three or higher or passing the English language arts portion of an international baccalaureate test with a score of four or higher; and (b) Demonstrate proficiency or higher in one or more world languages by: (I) Passing a world language advanced placement test with a score of three or higher or passing the world language portion of an international baccalaureate test with a score of four or higher; (II) Successfully completing a four-year high school course of study in the world language and attaining an overall grade point average of at least 3.0 in the course of study; or (III) Achieving a passing score on the world language portion of a nationally recognized test that is relied upon by institutions of higher education. (3) (a) For each world language for which an advanced placement test is not available, the department of education may identify one or more summative tests in the world language that are comparable in rigor to an advanced placement test. The department may include in the list a summative test created or identified by a local education provider. Colorado Revised Statutes 2019 Page 183 of 1211 Uncertified Printout (b) Notwithstanding any provision of subsection (2)(b)(I) of this section to the contrary: (I) A local education provider may use a test identified by the department of education in place of an advanced placement test for purposes of subsection (2)(b)(I) of this section; (II) If an advanced placement test does not exist and the department has not identified a comparable test for the world language a student studies, the local education provider may create a test to administer to the student in place of an advanced placement test for purposes of subsection (2)(b)(I) of this section or may allow a student to submit a body of evidence that demonstrates the student's knowledge of the world language. If the local education provider chooses to create a test, it must certify to the department that the test assesses speaking, reading, and writing in the world language at a level that is comparable in rigor to an advanced placement test in a world language or comparable to the level of a summative assessment administered at the completion of a four-year high school course of study in the world language. The student must pass the test at the proficient level or higher. If the local education provider allows a student to submit a body of evidence, it must certify to the department that the evidence presented demonstrates the student's ability to speak, understand, read, and write the world language with a level of rigor that is comparable to an advanced placement test in a world language or comparable to the level of a summative assessment administered at the completion of a four-year high school course of study in the world language. (III) If an advanced placement test exists or the department has identified a comparable test for a world language, and the local education provider creates and uses an alternative test for that world language, the department must approve the local education provider's test before the local education provider may use the test to determine a student's level of proficiency in the world language in place of an advanced placement test for purposes of subsection (2)(b)(I) of this section. (4) Each local education provider that creates a test for a world language or accepts a body of evidence to demonstrate the ability to speak, understand, read, and write a world language shall provide a copy of the test and a description of the body of evidence to the department of education. The department shall make the tests and descriptions available to local education providers upon request. Source: L. 2017: Entire section added, (SB 17-123), ch. 84, p. 259, § 1, effective August 9. 22-7-1010. State board - commission - public input - staff assistance. (1) In fulfilling their duties pursuant to this part 10, the state board and the commission, at a minimum, shall: (a) Meet with interested persons throughout the state, including but not limited to: (I) Early care and education providers; (II) Representatives of early childhood councils; (III) Elementary and secondary teachers, specialists in special education services, counselors, and administrators; (IV) Boards of cooperative services; (V) Local school boards and governing boards of district charter schools and institute charter schools; (VI) Parents and students; Colorado Revised Statutes 2019 Page 184 of 1211 Uncertified Printout (VII) Precollegiate and postsecondary service providers and concurrent enrollment program managers; (VIII) Career and technical education faculty and administrators; (IX) Postsecondary faculty and administrators; (X) Governing boards of institutions of higher education; and (XI) Employers and other members of the business community and labor, workforce, and economic development experts; (b) Take into consideration the recommendations of and consult with the P-20 council; (c) Solicit and take into consideration information from local boards of education specifically regarding the input received by the local boards from their respective communities in developing the blueprints for the education systems in their respective communities pursuant to section 22-32-109 (1)(kk); (d) Take into consideration, as applicable, the recommendations of the state graduation guidelines development council made pursuant to section 22-7-414, as it existed prior to July 1, 2008; (e) Consult and collaborate with state and national organizations of early care and education providers and experts, state and national organizations of educators, and other state, national, and international academic organizations that specialize in creation, maintenance, and implementation of relevant and rigorous education standards and curriculum and in alignment of standards and assessments from preschool through postsecondary education. (2) (a) Staff from the department of education, the department of higher education, the state board for community colleges and occupational education, the division of child care, and the early childhood policy team in the office of the lieutenant governor shall provide technical assistance and support for the state board and the commission in fulfilling their duties under this part 10. (b) To further assist in fulfilling their duties under this part 10, the state board and the commission may appoint one or more task forces consisting of state, national, and international education experts. (3) The department of education and the department of higher education are authorized to receive and expend gifts, grants, or donations of any kind from a public or private entity to carry out the purposes of this part 10, subject to the terms and conditions under which given; except that the department of education or the department of higher education may not accept a gift, grant, or donation if the conditions attached thereto require the use or expenditure thereof in a manner contrary to law. Source: L. 2008: Entire part added, p. 755, § 1, effective May 14. L. 2018: IP(1) and (1)(a)(II) amended, (SB 18-099), ch. 90, p. 727, § 10, effective August 8; (1)(a)(II) amended, (HB 18-1141), ch. 59, p. 602, § 4, effective August 8. Cross references: For the legislative declaration in SB 18-1141, see section 1 of chapter 59, Session Laws of Colorado 2018. 22-7-1011. Regional educator meetings - purpose - recommendations. (1) Beginning in the 2008-09 academic year, the commissioner and the executive director, at least annually, shall convene meetings of professional educators in preschool, elementary, secondary, and Colorado Revised Statutes 2019 Page 185 of 1211 Uncertified Printout postsecondary education within each of the regional service areas created by the state board. In convening the regional educator meetings, the commissioner and the executive director shall work with: (a) The president of the state system of community and technical colleges; (b) One or more representatives of the local college districts; (c) The chief academic officers or executive directors of the state institutions of higher education; (d) The school district superintendents throughout the state; and (e) Representatives of the division of child care and the early childhood policy team in the office of the lieutenant governor. (2) At a minimum, the following persons shall be invited to attend the regional educator meetings in each regional service area: (a) Early care and education providers; (b) Members of the local school boards of the school districts included in the regional service area; (c) The preschool, elementary, and secondary teachers, principals, administrators, counselors, and other special services providers employed by the local education providers located in the regional service area; and (d) The postsecondary faculty, academic advisors, and administrators employed by the state institutions of higher education and local district colleges, if any, located in the regional service area. (3) The commissioner and the executive director shall convene regional educator meetings for the purpose of collaborating in the planning, design, and implementation of the alignment of the preschool through postsecondary public education systems, including but not limited to: (a) Collaborating in the planning, design, and implementation of: (I) The school readiness description, the preschool through elementary and secondary education standards, and the postsecondary and workforce readiness description; (II) Programs of instruction for preschool, elementary, secondary, and postsecondary students; and (III) Assessments that are aligned with the school readiness and postsecondary and workforce readiness descriptions and the preschool through elementary and secondary education standards; (b) Collaborating in identification and provision of the supportive services that are necessary to implement the school readiness and postsecondary and workforce readiness descriptions, the preschool through elementary and secondary education standards, and the aligned assessments; (c) Identifying and reviewing the levels of financial support needed to implement the school readiness and postsecondary and workforce readiness descriptions, the preschool through elementary and secondary education standards, and the aligned assessments, and formulating recommendations concerning the reallocation of state resources and the identification of additional state resources for said implementation; and (d) Reviewing the school readiness description, the preschool through elementary and secondary education standards, the postsecondary and workforce readiness description, the assessments aligned with the descriptions and standards, and the criteria for diploma Colorado Revised Statutes 2019 Page 186 of 1211 Uncertified Printout endorsements, and making recommendations for revisions to the state board and the commission. (4) Each regional service area may submit to the state board and the commission the recommendations arising from the regional educator meetings held in the regional service area. The state board and the commission shall take the recommendations into account in fulfilling their duties pursuant to this part 10. In addition, a regional service area may submit any recommendations for legislative changes to the education committees of the house of representatives and the senate, or any successor committees. Source: L. 2008: Entire part added, p. 756, § 1, effective May 14. 22-7-1012. State plan - amendments - peer review - final adoption. (1) Repealed. (2) (a) As soon as practicable under federal law, based on information received by the state board pursuant to section 22-7-1010 and on any information received from the regional educator meetings pursuant to section 22-7-1011, the department of education shall submit to the federal department of education amendments to the state plan for peer review and approval. The amendments, at a minimum, shall include: (I) Amendments to incorporate the preschool through elementary and secondary education standards adopted by the state board pursuant to section 22-7-1005; and (II) Amendments to incorporate the system of assessments adopted pursuant to section 22-7-1006. (b) Notwithstanding any provision of this section to the contrary, in order to preserve flexibility and adaptability at the state level, the amended state plan shall include only those components of the aligned preschool through postsecondary public education systems that are required by or subject to approval under federal law and shall not include any components of the aligned preschool through postsecondary public education systems that are not required by or subject to approval under federal law. (c) The limitations on the contents of the state plan specified in paragraph (b) of this subsection (2) shall not be construed to prohibit the state board and the commission from adopting, and the state board and the commission are encouraged to adopt, descriptions, standards, assessments, and other components of the aligned preschool through postsecondary public education systems that exceed the minimum requirements of federal law and that are comparable in scope, relevance, and rigor to the highest national and international standards that have been implemented successfully and are consistent with and relevant to achievement of the goals specified in section 22-7-1002. (3) The department of education shall provide public notice of the amendments to the state plan, any comments and suggestions received through the peer review process, and any changes made to the amendments in response to the peer review comments. Source: L. 2008: Entire part added, p. 758, § 1, effective May 14. L. 2015: (1) repealed and IP(2)(a) and (2)(a)(I) amended, (HB 15-1323), ch. 204, p. 731, § 51, effective May 20. 22-7-1013. Local education provider - preschool through elementary and secondary education standards - adoption - academic acceleration. (1) (a) On or before December 15, Colorado Revised Statutes 2019 Page 187 of 1211 Uncertified Printout 2011, each local education provider shall review its preschool through elementary and secondary education standards in comparison with the preschool through elementary and secondary education standards adopted by the state board pursuant to section 22-7-1005. Following review, each local education provider shall revise its standards, as necessary, to ensure that: (I) The standards meet or exceed the state preschool through elementary and secondary education standards; and (II) The standards are aligned to ensure that a student who demonstrates attainment of the standards while advancing through preschool and elementary and secondary education will be able to demonstrate postsecondary and workforce readiness prior to or upon attaining a high school diploma. (b) In revising its preschool through elementary and secondary education standards, each local education provider shall ensure that it adopts standards, at a minimum, in those subject matter areas that are included in the state preschool through elementary and secondary education standards, including but not limited to English language competency and visual arts and performing arts education. (c) In revising its preschool through elementary and secondary education standards, a local education provider may choose to adopt the state preschool through elementary and secondary education standards. (2) Following the review and revision of its preschool through elementary and secondary education standards, each local education provider shall adopt curricula that are aligned with the standards. The local education provider shall design the curricula to ensure that, beginning in preschool or kindergarten and continuing through elementary and secondary education, each student receives a program of study that will enable the student to demonstrate attainment of each of the preschool through elementary and secondary education standards. (2.5) (a) Each local education provider shall review its procedures concerning academic acceleration for students. Academic acceleration allows a student to progress through an education program at a rate faster or at ages younger than the student's peers. The local education provider shall consider procedures that may include, but need not be limited to, the following: (I) The process for referral for academic acceleration and procedures that ensure the fair, objective, and systematic evaluation of the students referred; (II) A decision-making process for accelerated placement that involves multiple persons, including a student's parents, rather than a sole decision-maker; (III) Guidelines for the practice of academic acceleration, including the categories, forms, and types of academic acceleration and the award of credit; (IV) Guidelines for preventing nonacademic barriers to the use of acceleration as an educational intervention; and (V) An appeals process for decisions related to academic acceleration, as well as a process for evaluating the academic acceleration procedures and its effectiveness in successfully accelerating students. (b) In designing and implementing the academic acceleration procedures, a school district may utilize any resources made available through the department of education and any national research containing recommendations for developing successful academic acceleration procedures. (3) Each local education provider shall adopt assessments that are aligned with the local education provider's standards and curricula and that will adequately measure each student's Colorado Revised Statutes 2019 Page 188 of 1211 Uncertified Printout progress toward and attainment of the local education provider's standards for the subject areas that are not assessed by the state through the system of assessments adopted by the state board pursuant to section 22-7-1006. (4) A local education provider may allow a student who is receiving special education services to demonstrate attainment of the preschool through elementary and secondary education standards and postsecondary and workforce readiness through a differentiated plan if required in the student's individualized education program. (5) On or before July 1, 2017, and on or before July 1 every six years thereafter, each local education provider shall review its preschool through elementary and secondary education standards and, taking into account any revisions to the state preschool through elementary and secondary education standards, shall revise and readopt its standards if necessary to ensure that they continue to meet or exceed the state preschool through elementary and secondary education standards. The local education provider shall revise its curricula accordingly to ensure that the curricula continue to align with the local education provider's preschool through elementary and secondary education standards. (6) Each local education provider shall adopt and implement a written policy by which the local education provider will decide whether the students enrolled by the local education provider will use pencil and paper to complete any portion of a state assessment administered pursuant to section 22-7-1006.3 that the students would otherwise complete using a computer. The policy must ensure that the local education provider makes the decision in consultation with parents and, if the local education provider is a school district or board of cooperative services, the public schools that the local education provider operates. The local education provider may decide that the students in one or more of the public schools, or in one or more of the classrooms of the public schools, operated by the local education provider will use pencil and paper to complete the computerized portions of a state assessment. Each year before the start of fall semester classes, the local education provider shall distribute copies of the policy to the parents of students enrolled in the local education provider and post a copy of the policy on the local education provider's website. (7) (a) Each local education provider shall adopt and implement procedures by which the local education provider, or the public schools that the local education provider operates, shall annually distribute to the parents of students enrolled by the local education provider an assessment calendar. At a minimum, the assessment calendar must specify the estimated hours each testing day that specific classes or grades will take each assessment and identify whether the assessment is required by federal law or state law or selected by the local education provider. The procedures shall specify the timing for distribution of the calendar and require that the calendar is distributed to parents and posted on the local education provider's website. (b) (I) In addition to the calendar described in paragraph (a) of this subsection (7), each local education provider shall provide written information to the parents of students enrolled by the local education provider that describes: (A) The state and local assessments that the local education provider will administer during the school year, identifying the assessments that the local education provider is required by federal law to administer, any additional state assessments that the local education provider is required by section 22-7-1006.3 to administer, the assessments that the local education provider is required by other state law to administer, and the additional assessments that the local education provider chooses to administer; Colorado Revised Statutes 2019 Page 189 of 1211 Uncertified Printout (B) The anticipated calendar for administering the state and local assessments during the school year; and (C) The purposes of the state assessments administered pursuant to section 22-7-1006.3 and any additional local assessments that the local education provider administers and the manner in which the department of education and the local education provider uses the assessment results. (II) Each local education provider shall annually distribute the written information to parents as early in the school year as possible and shall post the written information on the local education provider's website. (c) The provisions of this subsection (7) do not apply to course-specific assessments that are not adopted by the state board pursuant to section 22-7-1006 or to nonstandardized, classroom-based assessments that individual educators choose to administer to students. (8) (a) Each local education provider shall adopt and implement a written policy and procedure by which a student's parent may excuse the student from participating in one or more of the state assessments administered pursuant to section 22-7-1006.3. The local education provider shall determine whether the process for excusing a student requires a student's parent to submit written notice to the local education provider. (b) If a parent excuses his or her student from participating in a state assessment, a local education provider shall not impose negative consequences, including prohibiting school attendance, imposing an unexcused absence, or prohibiting participation in extracurricular activities, on the student or on the parent. If a parent excuses his or her student from participating in a state assessment, the local education provider shall not prohibit the student from participating in an activity, or receiving any other form of reward, that the local education provider provides to students for participating in the state assessment. (c) A local education provider shall not impose an unreasonable burden or requirement on a student that would discourage the student from taking a state assessment or encourage the student's parent to excuse the student from taking the state assessment. (d) If the department of education or the state board receives a complaint from a parent concerning a local education provider's implementation of this subsection (8), the department shall notify the local education provider of the nature of the complaint. Source: L. 2008: Entire part added, p. 759, § 1, effective May 14. L. 2010: (1)(b) amended, (HB 10-1273), ch. 233, p. 1022, § 8, effective May 18. L. 2013: (2.5) added, (HB 131023), ch. 57, p. 189, § 2, effective August 7. L. 2015: (6), (7), and (8) added, (HB 15-1323), ch. 204, p. 712, § 3, effective May 20. L. 2018: (8)(a) and (8)(b) amended and (8)(d) added, (SB 18011), ch. 119, p. 820, § 1, effective August 8. Cross references: For the legislative declaration in the 2010 act amending subsection (1)(b), see section 1 of chapter 233, Session Laws of Colorado 2010. For the legislative declaration in the 2013 act adding subsection (2.5), see section 1 of chapter 57, Session Laws of Colorado 2013. 22-7-1014. Preschool individualized readiness plans - school readiness assessments. (1) (a) Beginning in the fall semester of 2013, each local education provider that provides a preschool or kindergarten program shall ensure that each student enrolled in a Colorado Revised Statutes 2019 Page 190 of 1211 Uncertified Printout preschool or kindergarten program operated by the local education provider receives an individualized readiness plan that addresses the preschool standards or kindergarten standards, as appropriate, and knowledge and skill areas in which a student needs assistance to make progress toward school readiness. If a student is identified as having a significant reading deficiency as provided in section 22-7-1205, the local education provider shall include the student's READ plan created pursuant to section 22-7-1206 as a component of the student's individualized readiness plan. (b) In creating and implementing the individualized readiness plans, a local education provider shall use assessment instruments that are research-based, valid, and reliable to facilitate the systematic measurement of a student's increasing knowledge, skills, and accomplishments within the classroom context. The purpose of the continuing assessments shall be to help direct teachers' practice within the classroom with each student and thereby maximize each students' progress toward demonstrating school readiness. (2) (a) Beginning with students who enter kindergarten in the fall semester of 2013, each local education provider shall ensure that each student enrolled in a kindergarten program operated by the local education provider progresses toward demonstrating school readiness. Each local education provider shall administer the school readiness assessment within the first sixty days of the school year to each student enrolled in a kindergarten program operated by the local education provider to measure each student's level of school readiness. If the local education provider administers a reading assessment pursuant to section 22-7-1205 (1)(a.5) within the first sixty days of the school year to students enrolled in the kindergarten program, the local education provider is not required to administer the literacy component of the school readiness assessment. The local education provider may choose to monitor a student's progress toward demonstrating school readiness by administering an approved school readiness assessment multiple times over the course of the school year. (b) The results of the school readiness assessments shall not be used to deny a student admission or progression to first grade. (3) The department of education, the division of child care, and the staff of the early childhood policy team in the lieutenant governor's office shall, upon request and subject to available appropriations, provide support to local education providers in implementing the preschool standards, individualized readiness plans, and school readiness assessments and in assisting students in progressing toward school readiness. Support may include, but need not be limited to: (a) Assisting the local education provider in reviewing and revising curriculum; (b) Communicating with early care and education providers, educators, local school board members, board of cooperative services members, charter school governing board members, school district and school administrators, and parents; (c) Providing professional development for educators; and (d) Collecting and making available a resource bank of examples of best practices in national, state, school district, school, and classroom reform efforts in early childhood and school readiness consistent with the intent of this part 10. Source: L. 2008: Entire part added, p. 760, § 1, effective May 14. L. 2010: (1)(a) amended, (HB 10-1013), ch. 399, p. 1910, § 28, effective June 10. L. 2015: (1)(a) and (2)(a) amended, (HB 15-1323), ch. 204, p. 715, § 6, effective May 20. Colorado Revised Statutes 2019 Page 191 of 1211 Uncertified Printout 22-7-1015. Postsecondary and workforce readiness program - technical assistance. (1) On or before December 15, 2011, each local education provider shall review the curricula provided by the public high schools operated by the local education provider in the subject matter areas included in postsecondary and workforce readiness. The local education provider shall revise its curricula, or adopt new curricula, as necessary to ensure that the curricula content for said subject matter areas are aligned with postsecondary and workforce readiness such that a student who successfully completes the curricula will be prepared to demonstrate postsecondary and workforce readiness prior to or upon attaining a high school diploma. (2) (a) The revised or newly adopted curricula described in subsection (1) of this section shall constitute the postsecondary and workforce readiness program for each public high school operated by the local education provider. In revising or adopting the postsecondary and workforce readiness program, a local education provider is not required to base its courses or means of awarding course credits on Carnegie units. A local education provider may choose to base the awarding of course credits on a student's demonstration of attainment of the standards addressed by the course. (b) A local education provider may accommodate the range of student interests and aspirations by adopting multiple curricula that, combined, create multiple postsecondary and workforce readiness programs within a school district or within a high school that are designed to prepare a student for differing post-graduation goals, including but not limited to immediate entry into the workforce or matriculation into career and technical education or higher education. The local education provider shall ensure, however, that every postsecondary and workforce readiness program adopted by the local education provider: (I) Is aligned with postsecondary and workforce readiness such that a student who successfully completes the program will be prepared to demonstrate postsecondary and workforce readiness prior to or upon attaining a high school diploma; and (II) Includes courses in visual arts and performing arts. (c) For purposes of this section, a district charter high school shall be deemed to be operated by the chartering local school board; except that the chartering local school board, by charter contract, may allow the district charter high school to adopt its own postsecondary and workforce readiness program, separate from that adopted by the local school board. Each district charter high school that adopts its own postsecondary and workforce readiness program shall ensure that the program is aligned with postsecondary and workforce readiness such that a student who successfully completes the postsecondary and workforce readiness program will be prepared to demonstrate postsecondary and workforce readiness prior to or upon attaining a high school diploma. (3) (a) It is the intent of the general assembly that, on or before December 15, 2013, each student who enrolls in a public high school operated by a local education provider shall enroll in and successfully complete a postsecondary and workforce readiness program. Each local education provider shall require each high school student, beginning in ninth grade and continuing through twelfth grade, to enroll in the local education provider's postsecondary and workforce readiness program. (b) Notwithstanding the provisions of paragraph (a) of this subsection (3), a local education provider may allow a student who is receiving special education services to demonstrate attainment of postsecondary and workforce readiness through a differentiated plan Colorado Revised Statutes 2019 Page 192 of 1211 Uncertified Printout for purposes of the postsecondary and workforce readiness program, if required in the student's individualized education program. (4) The department of education, the department of higher education, and the state institutions of higher education, upon request, shall provide support to local education providers in implementing postsecondary and workforce readiness. Beginning with the 2009-10 budget year, the department of education and the department of higher education may include in their annual budget requests an amount necessary to offset the costs incurred in complying with this section. Support may include, but need not be limited to: (a) Assisting the local education provider in reviewing and revising curriculum; (b) Communicating with educators, local school board members, board of cooperative services board members, charter school governing board members, school district and school administrators, parents, and members of the business community; (c) Providing professional development for educators; and (d) Collecting and making available a resource bank of examples of best practices in national, state, school district, school, and classroom reform efforts consistent with the intent of this part 10. Source: L. 2008: Entire part added, p. 761, § 1, effective May 14. L. 2010: (2)(b) amended, (HB 10-1273), ch. 233, p. 1022, § 9, effective May 18; (3)(a) amended, (HB 10-1013), ch. 399, p. 1910, § 29, effective June 10. L. 2015: (3)(b) amended, (HB 15-1323), ch. 204, p. 731, § 52, effective May 20. Cross references: For the legislative declaration in the 2010 act amending subsection (2)(b), see section 1 of chapter 233, Session Laws of Colorado 2010. 22-7-1016. Assessments in high school - transcripts. (1) Upon receiving the results following administration of the assessments administered pursuant to section 22-7-1006.3 to students enrolled in high school, the local education provider shall provide to each student a printed copy of the student's assessment results, and a teacher or counselor shall review each student's results with the student and, to the extent practicable, with the student's parent or legal guardian and determine the areas in which the student continues to need instruction in order to demonstrate postsecondary and workforce readiness prior to or upon attaining a high school diploma. (2) Each high school student's final transcript shall describe the student's level of postsecondary and workforce readiness by: (a) Indicating the student's level of performance in the postsecondary and workforce readiness program; and (b) Indicating the student's level of performance on the readiness assessments administered to the student pursuant to section 22-7-1006.3 in high school. (3) A local education provider, at its discretion, may choose to identify demonstration of postsecondary and workforce readiness as a graduation requirement for the school district or for the school. (4) (a) A local education provider shall not apply a student's level of performance in the postsecondary and workforce readiness program or on the readiness assessments administered to the student pursuant to section 22-7-1006.3 in high school to prohibit the student from Colorado Revised Statutes 2019 Page 193 of 1211 Uncertified Printout participating in any program operated by the local education provider through which the student may earn postsecondary or career and technical education course credits while enrolled in high school. (b) A student who demonstrates attainment of postsecondary and workforce readiness while enrolled in any of grades nine through twelve shall be eligible to participate in a program through which the student may earn postsecondary or career and technical education course credits while enrolled in high school. (5) (a) Beginning in the 2012-13 academic year, if an English language learner, as defined in section 22-24-103 (4), is enrolled in eleventh or twelfth grade and the student has not demonstrated attainment of the standard for English language competency and has not demonstrated postsecondary and workforce readiness, the local education provider with which the student is enrolled shall provide to the student additional services and supports as necessary to assist the student in attaining the standard. (b) Following receipt of the cost study report delivered March 1, 2010, pursuant to section 22-7-1018 (2)(a), the general assembly shall address the services and resources necessary for implementation of paragraph (a) of this subsection (5). Source: L. 2008: Entire part added, p. 763, § 1, effective May 14. L. 2010: (5)(a) amended, (SB 10-062), ch. 168, p. 594, § 9, effective April 29; (1) and (5)(a) amended, (HB 101013), ch. 399, p. 1910, § 30, effective June 10. L. 2014: (5)(a) amended, (HB 14-1298), ch. 244, p. 935, § 16, effective May 21. L. 2015: (1), (2)(b), and (4)(a) amended, (HB 15-1323), ch. 204, p. 732, § 53, effective May 20; (5)(a) amended, (SB 15-264), ch. 259, p. 954, § 47, effective August 5. Editor's note: Amendments to subsection (5)(a) by Senate Bill 10-062 and House Bill 10-1013 were harmonized. 22-7-1016.5. Exchange of student records. (1) The department of education and the department of higher education shall establish a procedure that allows for the direct, electronic exchange of student unit record data for students enrolled in Colorado public high schools. (2) Notwithstanding the provisions of section 22-2-111 (3)(a), the department of education, in collaboration with the department of higher education, shall identify the student data relevant to high school students' transitions to the postsecondary system to which the department of education has access and that shall be shared with the department of higher education. (3) The department of education shall collect student authorization for the transfer of data where necessary and practicable through existing systems for the collection of student data. (4) The implementation of the data exchange procedure established pursuant to this section and section 23-1-119.3, C.R.S., must utilize student unit record data collected and maintained by the department of education and must be administered at no charge to local education providers, public institutions of higher education, or students. (5) The data exchange procedure established pursuant to this section and section 23-1119.3 must ensure that the exchange of information is conducted in compliance with all state and federal laws and regulations concerning the privacy of information, including but not limited to Colorado Revised Statutes 2019 Page 194 of 1211 Uncertified Printout the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g, as amended, and all federal regulations and applicable guidelines adopted in accordance therewith. Source: L. 2013: Entire section added, (SB 13-053), ch. 112, p. 385, § 2, effective April 8. L. 2017: (5) amended, (SB 17-294), ch. 264, p. 1394, § 44, effective May 25. Cross references: For the legislative declaration in the 2013 act adding this section, see section 1 of chapter 112, Session Laws of Colorado 2013. 22-7-1017. High school diploma - endorsement - effect. (1) (a) Following adoption by the state board, pursuant to section 22-7-1009, of the criteria for endorsing a diploma as reflecting postsecondary and workforce readiness, a local school board, a BOCES, or an institute charter high school may choose to grant a postsecondary and workforce readiness endorsement to each graduating high school student who meets the criteria. (b) Following adoption by the state board of the criteria for endorsing a diploma as reflecting extraordinary academic achievement or exemplary demonstration by a student of postsecondary and workforce readiness, a local school board, a BOCES, or an institute charter high school may choose to grant such an endorsement to each graduating high school student who meets the criteria. (c) A local school board, a BOCES, or an institute charter high school may also choose to grant endorsements in specified areas of focus and achievement, following adoption of the criteria for said endorsements by the state board pursuant to section 22-7-1009. (2) Following approval of the criteria by the commission and the governing boards of the state institutions of higher education, as provided in section 22-7-1009 (3), a student who graduates with a high school diploma that includes a postsecondary and workforce readiness endorsement shall be guaranteed: (a) To meet minimum academic qualifications for admission to, and to be eligible, subject to additional institutional review of other admission and placement qualifications, for placement into credit-bearing courses at all open, modified open, or moderately selective public institutions of higher education in Colorado; and (b) To receive priority consideration, in conjunction with additional admissions criteria, and to be eligible, subject to additional institutional review of other admission and placement qualifications, for placement into credit-bearing courses at all other public institutions of higher education in Colorado. The additional admissions criteria shall be determined by each institution of higher education. Source: L. 2008: Entire part added, p. 764, § 1, effective May 14. 22-7-1018. Cost study. (1) (a) On or before September 15, 2009, the department of education, in consultation with the department of higher education, shall contract with an independent entity to conduct a study of the costs of implementing the provisions of this part 10. At a minimum, the study shall address the anticipated costs to be incurred by the department of education, the department of higher education, local education providers, and state institutions of higher education in implementing the provisions of this part 10. Colorado Revised Statutes 2019 Page 195 of 1211 Uncertified Printout (b) In selecting an independent entity to conduct the cost study, the department of education shall consult with the department of higher education and shall ensure that the selected entity has expertise in school finance and higher education finance statutes and issues in this state and nationally. (c) At a minimum, the cost study shall address the costs associated with: (I) Reviewing, adopting, and implementing standards and curricula to meet or exceed the newly adopted preschool through elementary and secondary education standards, including but not limited to implementing the English language competency standards and providing services and supports as required in section 22-7-1016 (5); (II) Implementing the assessment system for the preschool through elementary and secondary education standards; (III) Implementing the school readiness description and assessments, including creating and implementing individualized readiness plans; (IV) Incorporating career and technical education standards into the curricula; (V) Aligning the preschool, elementary, secondary, and postsecondary education curricula with the postsecondary and workforce readiness description; (VI) Making changes to the postsecondary admissions processes and publications to take into account the postsecondary and workforce readiness description and the assessments administered pursuant to section 22-7-1006.3 to students enrolled in high school; and (VII) Reviewing, adopting, and implementing standards in educator preparation programs to incorporate the preschool through elementary and secondary education standards, the school readiness description, the system of assessments, the individualized readiness plans, and the postsecondary and workforce readiness description. (2) The entity selected to conduct the cost study shall submit reports to the department of education and the department of higher education in accordance with the following timeline: (a) On or before March 1, 2010, a report of the costs pertaining to adoption and implementation of the school readiness description; the preschool through elementary and secondary education standards, including but not limited to the English language competency standards; and the postsecondary and workforce readiness description; (b) On or before October 1, 2011, a report of the costs pertaining to implementation of the school readiness assessments and the system of assessments that is aligned with the preschool through elementary and secondary education standards; and (c) On or before October 1, 2014, a report of the costs pertaining to implementation of the diploma endorsements. (3) As soon as possible following receipt of each report specified in subsection (2) of this section, the department of education shall submit the report to the joint budget committee of the general assembly and to the education committees of the senate and the house of representatives, or any successor committees. Source: L. 2008: Entire part added, p. 765, § 1, effective May 14. L. 2010: (2)(b) and (2)(c) amended, (HB 10-1013), ch. 399, p. 1911, § 31, effective June 10. L. 2011: (1)(c)(VII) amended, (SB 11-245), ch. 201, p. 849, § 8, effective August 10. L. 2012: (2)(c) amended, (HB 12-1240), ch. 258, p. 1309, § 5, effective June 4. L. 2015: (1)(c)(V), (1)(c)(VI), (1)(c)(VII), and (2)(b) amended, (HB 15-1323), ch. 204, p. 732, § 54, effective May 20. Colorado Revised Statutes 2019 Page 196 of 1211 Uncertified Printout Cross references: For the legislative declaration in the 2011 act amending subsection (1)(c)(VII), see section 1 of chapter 201, Session Laws of Colorado 2011. 22-7-1019. Preschool to postsecondary and workforce readiness - progress reports effectiveness reports. (1) Notwithstanding section 24-1-136 (11)(a)(I), on or before February 15, 2009, and on or before February 15 each year thereafter, the department of education shall submit to the education committees of the senate and the house of representatives, or any successor committees, a report summarizing the actions taken by the state board, the commission, and local education providers in implementing the requirements specified in this part 10. The department may include in the report recommendations, as may be necessary, for legislative changes in the timeline for implementation of this part 10. (2) Notwithstanding section 24-1-136 (11)(a)(I), on or before February 15, 2014, and on or before February 15 each year thereafter, the department of education shall submit to the education committees of the senate and the house of representatives, or any successor committees, a report concerning the results achieved through implementation of school readiness, the preschool through elementary and secondary education standards, and postsecondary and workforce readiness. (3) (a) At a minimum, the report shall include the following information for the preceding academic year: (I) The levels of school readiness demonstrated by students enrolled in kindergarten; (II) The number of students enrolling in the postsecondary and workforce readiness programs and the number of students making adequate longitudinal progress through and completing the postsecondary and workforce readiness programs; (III) The levels of postsecondary and workforce readiness demonstrated by high school students; and (IV) Beginning with the report submitted in 2016, the number of students receiving a high school diploma that includes an endorsement, identified by type of endorsement. (b) The department of education shall present the information in the report on a statewide basis and shall disaggregate the information by school district, school, grade level, free or reduced-cost lunch eligibility status, gender, and ethnicity, and by any other characteristic deemed by the department to be meaningful. (4) Each local education provider shall cooperate with the department of education in providing the information necessary for the reports prepared pursuant to this section. Source: L. 2008: Entire part added, p. 767, § 1, effective May 14. L. 2010: (2) amended, (HB 10-1013), ch. 399, p. 1911, § 32, effective June 10. L. 2017: (1) and (2) amended, (HB 171267), ch. 242, p. 994, § 5, effective August 9. PART 11 EDUCATIONAL SUCCESS TASK FORCE 22-7-1101 to 22-7-1105. (Repealed) Colorado Revised Statutes 2019 Page 197 of 1211 Uncertified Printout Editor's note: (1) This part 11 was added in 2011 and was not amended prior to its repeal in 2013. For the text of this part 11 prior to 2013, consult the 2012 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. (2) Section 22-7-1105 provided for the repeal of this part 11, effective July 1, 2013. (See L. 2011, p. 858.) PART 12 COLORADO READ ACT 22-7-1201. Short title. This part 12 is known and may be cited as the "Colorado Reading to Ensure Academic Development Act" or "Colorado READ Act". Source: L. 2012: Entire part added, (HB 12-1238), ch. 180, p. 646, § 2, effective July 1. 22-7-1202. Legislative declaration. (1) The general assembly finds that: (a) All students can succeed in school if they have the foundational skills necessary for academic success. While foundational skills go beyond academic skills to include such skills as social competence and self-discipline, they must also include the ability to read, understand, interpret, and apply information. (b) Colorado has prioritized early learning through its investments in the Colorado preschool program, established in 1988, and full-day kindergarten, and the general assembly recognizes that these investments can best be leveraged by adopting policies that support a continuum of learning from preschool through third grade and beyond; (c) It is more cost-effective to invest in effective early literacy education rather than to absorb costs for remediation in middle school, high school, and beyond; (d) A comprehensive approach to early literacy education can improve student achievement, reduce the need for costly special education services, and produce a better educated, more skilled, and more competitive workforce; (e) An important partnership between a parent and child begins before the child enters kindergarten, when the parent helps the child develop rich linguistic experiences, including listening comprehension and speaking, that help form the foundation for reading and writing, which are the main vehicles for content acquisition; (f) The greatest impact for ensuring student success lies in a productive collaboration among parents, teachers, and schools in providing a child's education, so it is paramount that parents are informed about the status of their children's educational progress and that teachers and schools receive the financial resources and other resources and support they need, including valid assessments, instructional programming that is proven to be effective, and training and professional development programs, to effectively teach the science of reading, assess students' achievement, and enable each student to achieve the grade level expectations for reading; and (g) The state recognizes that the provisions of this part 12 are not a comprehensive solution to ensuring that all students graduate from high school ready to enter the workforce or postsecondary education, but they assist local education providers in setting a solid foundation Colorado Revised Statutes 2019 Page 198 of 1211 Uncertified Printout for students' academic success and will require the ongoing commitment of financial and other resources from both the state and local levels. (1.5) (a) The general assembly further finds that: (I) Reading is a critical skill that every child must develop early in the child's educational career to be successful; (II) Research shows that reading instruction that is focused around the foundational reading skills of phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension is highly effective in teaching young children to read; (III) Section 15 of article IX of the state constitution grants to the elected board of education in each school district the authority to have control of instruction in the public schools of the school district, and section 16 of article IX of the state constitution prohibits the general assembly and the state board of education from prescribing the textbooks to be used in public schools; (IV) However, section 2 of article IX of the state constitution requires the general assembly to provide for the establishment and maintenance of a thorough and uniform system of free public schools throughout the state, and section 1 of article IX of the state constitution vests the general supervision of the public schools of the state in the state board of education; (V) In interpreting these constitutional provisions, the Colorado supreme court has found that, because they are competing interests, none are absolute; these interests must be balanced to identify the contours of the responsibility assigned to each entity; and (VI) It is the general assembly that initially strikes this balance. (b) The general assembly finds, therefore, that ensuring that each child has access through the public schools to evidence-based reading instruction that is focused on developing the foundational reading skills of phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension is a significant component of ensuring that the system of free public schools throughout the state is thorough and uniform. In exercising its authority of general supervision of the public schools of the state, it is appropriate that the state board of education, supported by the department of education, hold local education providers accountable for demonstrating that the reading instruction they provide is focused on these five foundational reading skills. And, in maintaining control of the instruction in the classrooms of the public schools of their respective school districts, it is appropriate that each school district board of education select the core reading instructional programs and reading interventions to be used in those public schools, so long as they are focused on phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension to ensure that the students educated in the public schools throughout the state consistently receive evidence-based instruction that is proven to effectively teach children to read. (2) It is therefore the intent of the general assembly that each local education provider that enrolls students in kindergarten or first, second, or third grade will work closely with the parents and teachers of these students to provide the students the instructional programming, intervention instruction, and support, at home and in school, necessary to ensure that students, by the completion of third grade, can demonstrate a level of competency in reading skills that is necessary to support them in achieving the academic standards and expectations applicable to the fourth-grade curriculum. It is further the intent of the general assembly that each local education Colorado Revised Statutes 2019 Page 199 of 1211 Uncertified Printout provider adopt a policy whereby, if a student has a significant reading deficiency at the end of any school year prior to fourth grade, the student's parent and teacher and other personnel of the local education provider decide whether the student should or should not advance to the next grade level based on whether the student, despite having a significant reading deficiency, is able to maintain adequate academic progress at the next grade level. (3) The general assembly further finds that: (a) The purpose of this part 12 is to provide students with the necessary supports they need to be able to read with proficiency by third grade so that their academic growth and achievement is not hindered by low literacy skills in fourth grade and beyond; (b) It is a priority in the public schools of Colorado to provide high-quality instruction that enables each student to attain proficiency in English, regardless of the student's native language; (c) Research demonstrates that a person who has strong reading skills in one language will more easily learn and become literate in a second language; and (d) While the "Colorado READ Act", this part 12, is not designed to measure or support a student's acquisition of English as a second language, ensuring that a student has strong reading skills in his or her native language by third grade will help to ensure that the student will attain proficiency in English more quickly. Source: L. 2012: Entire part added, (HB 12-1238), ch. 180, p. 646, § 2, effective July 1. L. 2017: (3) added, (HB 17-1160), ch. 389, p. 2009, § 1, effective June 6. L. 2019: (1.5) added, (SB 19-199), ch. 154, p. 1822, § 1, effective May 10. 22-7-1203. Definitions. As used in this part 12, unless the context otherwise requires: (1) "Body of evidence" means a collection of information about a student's academic performance which, when considered in its entirety, documents the level of a student's academic performance. A body of evidence, at a minimum, shall include scores on formative or interim assessments and work that a student independently produces in a classroom, including but not limited to the school readiness assessments adopted pursuant to section 22-7-1004 (2)(a). A body of evidence may include scores on summative assessments if a local education provider decides that summative assessments are appropriate and useful in measuring students' literacy skills. (2) "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S. (3) "District charter school" means a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title. (4) "Evidence based" means the instruction or item described is based on reliable, trustworthy, and valid evidence and has demonstrated a record of success in adequately increasing students' reading competency in the areas of phonemic awareness, phonics, vocabulary development, reading fluency, including oral skills, and reading comprehension. (5) "Institute charter school" means a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title. (6) "Local education provider" means a school district, a board of cooperative services, a district charter school, or an institute charter school. (7) "Master settlement agreement" means the master settlement agreement, the smokeless tobacco master settlement agreement, and the consent decree approved and entered by Colorado Revised Statutes 2019 Page 200 of 1211 Uncertified Printout the court in the case denominated State of Colorado, ex rel. Gale A. Norton, Attorney General v. R.J. Reynolds Tobacco Co.; American Tobacco Co., Inc.; Brown & Williamson Tobacco Corp.; Liggett & Myers, Inc.; Lorillard Tobacco Co., Inc.; Philip Morris, Inc.; United States Tobacco Co.; B.A.T. Industries, P.L.C.; The Council For Tobacco Research--U.S.A., Inc.; and Tobacco Institute, Inc., Case No. 97 CV 3432, in the district court for the city and county of Denver. (7.5) "Multi-tiered systems of supports" means a systemic preventive approach that addresses the academic and social-emotional needs of all students at the universal, targeted, and intensive levels. Through the multi-tiered systems of supports, a teacher provides high-quality, scientifically based or evidence-based instruction and intervention that is matched to student needs; uses a method of monitoring progress frequently to inform decisions about instruction and goals; and applies the student's response data to important educational decisions. (8) (a) "Parent" means a student's biological or adoptive parent, stepparent, foster parent, or legal guardian. (b) As provided in section 2-4-102, C.R.S., the singular use of "parent" includes the plural, and local education providers shall, to the extent practicable, involve both of a student's parents, as defined in this subsection (8), in implementing the provisions of this part 12. (9) "Per-pupil intervention money" means the money calculated and distributed to local education providers pursuant to section 22-7-1210.5. (10) "Reading competency" means a student meets the grade level expectations in reading adopted by the state board. (11) "Reading to ensure academic development plan" or "READ plan" means an intervention plan created pursuant to section 22-7-1206 to remediate a student's significant reading deficiency. (12) Repealed. (13) "School district" means a school district, other than a local college district, organized and existing pursuant to law. (14) "Scientifically based" means that the instruction or item described is based on research that applies rigorous, systematic, and objective procedures to obtain valid knowledge that is relevant to reading development, reading instruction, and reading difficulties. (15) "Significant reading deficiency" means that a student does not meet the minimum skill levels for reading competency in the areas of phonemic awareness, phonics, vocabulary development, reading fluency, including oral skills, and reading comprehension established by the state board pursuant to section 22-7-1209 for the student's grade level. (16) "State board" means the state board of education created pursuant to section 1 of article IX of the state constitution. (17) "Teacher" means the educator who is the main instructor for a class of students or an educator who provides specific literacy instruction to selected students. Source: L. 2012: Entire part added, (HB 12-1238), ch. 180, p. 648, § 2, effective July 1. L. 2019: (7.5) added, (9) amended, and (12) repealed, (SB 19-199), ch. 154, p. 1823, § 2, effective May 10. 22-7-1204. Early literacy education. Each local education provider that enrolls students in kindergarten or first, second, or third grade shall provide to the students enrolled in said grades the instructional programming and services necessary to ensure to the greatest extent Colorado Revised Statutes 2019 Page 201 of 1211 Uncertified Printout possible that students, as they progress through kindergarten, first, second, and third grade, develop the necessary reading skills to enable them to master the academic standards and expectations applicable to the fourth-grade curriculum and beyond. The instructional programming and services for teaching students to read must be evidence based and scientifically based and must focus on reading competency in the areas of phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension. Source: L. 2012: Entire part added, (HB 12-1238), ch. 180, p. 649, § 2, effective July 1. L. 2019: Entire section amended, (SB 19-199), ch. 154, p. 1824, § 3, effective May 10. 22-7-1205. Reading competency - assessments - READ plan creation - parental involvement. (1) (a) Each local education provider that enrolls students in kindergarten or first, second, or third grade shall ensure that teachers measure each student's reading competency using interim reading assessments at least once during the spring semester of the 2012-13 school year and throughout the year in subsequent school years. A local education provider may also administer a summative assessment to measure students' reading competency at the conclusion of kindergarten, first, and second grades. Each local education provider shall select from the list of approved assessments adopted by rule of the state board pursuant to section 22-7-1209 (1) those assessments it shall use to measure a student's reading competency. A local education provider may choose to use other reading assessments in addition to but not in lieu of the approved assessments. (a.5) Each local education provider is required to administer a reading assessment to students enrolled in kindergarten during the first ninety days of the school year. If the local education provider administers the reading assessment within the first sixty days of the school year, it is not required to administer the literacy component of the school readiness assessment as provided in section 22-7-1014 (1)(a). (a.7) (I) The local education provider shall determine whether a student who is an English language learner, as defined in section 22-24-103, and whose native language is Spanish, takes the reading assessments in English or in Spanish. If the student takes the reading assessments in Spanish, the local education provider may also administer a reading assessment in English to the student at the request of the student's parent. If the state board adopts a list of approved reading assessments pursuant to section 22-7-1209 that includes assessments in languages other than English or Spanish, the local education provider shall determine whether a student who is an English language learner and whose native language is not Spanish takes the reading assessments in English or in the student's native language if there is an approved reading assessment in the student's native language. If the student takes the reading assessments in the student's native language, the local education provider may also administer a reading assessment in English to the student at the request of the student's parent. If the local education provider decides that a student who is an English language learner must take the reading assessments in a language other than English, the local education provider shall determine, and communicate to the student's parent in a language the parent understands, if possible, the level of English language proficiency at which the student must take at least one of the reading assessments in English, as provided in subsection (1)(a.7)(II) of this section. If the student has a significant reading deficiency, the local education provider may communicate the information specified in Colorado Revised Statutes 2019 Page 202 of 1211 Uncertified Printout this subsection (1)(a.7) to the student's parent with the information required in subsection (2) of this section. (II) In determining whether a student must take the reading assessments in a language other than English as required in subsection (1)(a.7)(I) of this section, each local education provider shall review the student's score on the most recent annual assessment administered pursuant to the local education provider's English language proficiency program, as required in article 24 of this title 22. If the student scores within the range that the local education provider determines demonstrates partial proficiency in English or higher, the local education provider shall ensure that the student annually takes at least one of the reading assessments required in this subsection (1) in English. (b) If a teacher finds, based on a student's scores on the approved reading assessments, that the student may have a significant reading deficiency, the teacher shall administer to the student one or more diagnostic assessments within sixty days after the previous assessment to determine the student's specific reading skill deficiencies. Each local education provider shall select from the list of approved assessments adopted by rule of the state board pursuant to section 22-7-1209 (1) those assessments it uses to determine a student's specific reading skill deficiencies. A local education provider may choose to use other diagnostic reading assessments in addition to but not in lieu of the approved assessments. (c) Beginning with the 2012-13 school year, each local education provider shall annually report to the department the state-assigned student identifier for each student who is identified pursuant to this subsection (1) as having a significant reading deficiency. (d) If, based on a student's scores on the approved reading assessments in a specific school year, a teacher finds that a student demonstrates reading competency appropriate for his or her grade level, the local education provider is not required to administer the approved interim reading assessments to the student for the remainder of the specific school year. (2) (a) Beginning no later than the 2013-14 school year, upon finding that a student has a significant reading deficiency, the local education provider shall ensure that the student receives a READ plan, as described in section 22-7-1206. The teacher and any other skilled school professionals the local education provider may choose to select shall, if possible, meet with the student's parent to communicate and discuss the information specified in paragraph (b) of this subsection (2) and jointly create the student's READ plan. Upon completion of the meeting or as soon as possible thereafter, the teacher or other personnel of the local education provider shall give the parent a written explanation of the information specified in paragraph (b) of this subsection (2) and a copy of the student's READ plan. To the extent practicable, the teacher and other personnel shall communicate with the parent, orally and in writing, in a language the parent understands. (b) The teacher and the other personnel shall communicate and discuss with the parent the following information: (I) The state's goal is for all children in Colorado to graduate from high school having attained skill levels that adequately prepare them for postsecondary studies or for the workforce, and research demonstrates that achieving reading competency by third grade is a critical milestone in achieving this goal; (II) The nature of the student's significant reading deficiency, including a clear explanation of what the significant reading deficiency is and the basis upon which the teacher identified the significant reading deficiency; Colorado Revised Statutes 2019 Page 203 of 1211 Uncertified Printout (III) If the student enters fourth grade without achieving reading competency, he or she is significantly more likely to fall behind in all subject areas beginning in fourth grade and continuing in later grades. If the student's reading skill deficiencies are not remediated, it is likely that the student will not have the skills necessary to complete the course work required to graduate from high school. (IV) Reading skills are critical to success in school. Under state law, the student qualifies for and the local education provider is required to provide targeted, scientifically based or evidence-based interventions to remediate the student's specific, diagnosed reading skill deficiencies, which interventions are designed to enable the student to achieve reading competency and attain the skills necessary to achieve the state's academic achievement goals; (V) The student's READ plan will include targeted, scientifically based or evidencebased intervention instruction to address and remediate the student's specific, diagnosed reading skill deficiencies; (VI) The parent plays a central role in supporting the student's efforts to achieve reading competency, the parent is strongly encouraged to work with the student's teacher in implementing the READ plan, and, to supplement the intervention instruction the student receives in school, the READ plan will include strategies the parent is encouraged to use at home to support the student's reading success; and (VII) There are serious implications to a student entering fourth grade with a significant reading deficiency and, therefore, if the student continues to have a significant reading deficiency at the end of the school year, under state law, the parent, the student's teacher, and other personnel of the local education provider are required to meet and consider retention as an intervention strategy and determine whether the student, despite having a significant reading deficiency, is able to maintain adequate academic progress at the next grade level. (c) In addition to the information specified in paragraph (b) of this subsection (2), the teacher and the other personnel of the local education provider are encouraged to communicate and discuss information concerning resources that are available through the local education provider or through other entities within the community that may support the student in achieving reading competency. (3) (a) If, after making documented attempts, the teacher is unable to meet with the student's parent to create the READ plan, the teacher and any other skilled school professionals the local education provider may choose to select shall create the student's READ plan and ensure that the student's parent receives the following information in a language the parent understands, if practicable: (I) A written copy of the READ plan with a clear, written explanation of the scientifically based or evidence-based reading instructional programming and other readingrelated services the student will receive under the plan and the strategies that the parent is encouraged to apply in assisting the student in achieving reading competency; and (II) A written explanation of the information specified in paragraph (b) of subsection (2) of this section. (b) At a parent's request, the teacher and any other skilled school professionals the local education provider may choose to select shall meet with the parent to provide a verbal explanation of the elements of the READ plan. (4) The local education provider shall ensure that the parent of each student who has a READ plan receives ongoing, regular updates from the student's teacher, which may occur Colorado Revised Statutes 2019 Page 204 of 1211 Uncertified Printout through existing methods of communication, concerning the results of the intervention instruction described in the plan and the student's progress in achieving reading competency. The student's teacher is encouraged to communicate with the parent concerning the parent's progress in implementing the home reading strategies identified in the student's READ plan. To the extent practicable, the teacher shall communicate with the parent in a language the parent understands. Source: L. 2012: Entire part added, (HB 12-1238), ch. 180, p. 650, § 2, effective July 1. L. 2015: (1)(a.5) and (1)(d) added and (1)(b) amended, (HB 15-1323), ch. 204, p. 714, § 4, effective May 20. L. 2017: (1)(a.7) added, (HB 17-1160), ch. 389, p. 2010, § 2, effective June 6. 22-7-1206. Reading to ensure academic development plan - contents implementation. (1) (a) A teacher, and other skilled school professionals that the local education provider may choose to select, shall create a READ plan for each student who has a significant reading deficiency. The teacher and any other personnel shall create the plan in collaboration with the student's parent, if possible, and as soon as possible after the student's significant reading deficiency is identified. The student, the student's teacher, and the student's parent shall continue implementing the student's READ plan until the student demonstrates reading competency. The student's teacher shall review the student's READ plan at least annually and update or revise the READ plan as appropriate to facilitate the student's progress in demonstrating reading competency. (b) Each local education provider shall ensure that a student's current READ plan, any earlier versions of the READ plan, and any supporting documentation for the plan and the body of evidence that demonstrates a student's progress in implementing the plan are included in the student's permanent academic record and are transferred if the student subsequently enrolls in another school. (2) (a) If a student's reading skills are below grade-level expectations, as adopted by the state board, but the student does not have a significant reading deficiency, the local education provider shall ensure that the student receives appropriate interventions through the multi-tiered systems of supports or a comparable intervention system implemented by the local education provider. At a minimum, the local education provider shall ensure that the student receives educational services in a daily literacy block for the length of time identified as effective in research relating to best practices in teaching reading. (b) If a student has a significant reading deficiency, the student's READ plan must include the intervention instruction that the local education provider provides through the multitiered systems of supports or a comparable intervention system implemented by the local education provider. (3) Notwithstanding any provision of this part 12 to the contrary, if a student is identified as having a disability that impacts the student's progress in developing reading skills, the local education provider shall, as appropriate, integrate into the student's individualized education program created pursuant to section 22-20-108 intervention instruction and strategies to address the student's reading issues in lieu of a READ plan. (4) If a student enrolled in kindergarten is identified as having a significant reading deficiency, the local education provider shall create the student's READ plan as a component of the student's individualized readiness plan created pursuant to section 22-7-1014. The local education provider may include components of the student's individualized readiness plan that Colorado Revised Statutes 2019 Page 205 of 1211 Uncertified Printout apply to teaching literacy as part of the student's READ plan after the student completes kindergarten, so long as the local education provider administers an approved reading assessment to the student in grades one through three as required in section 22-7-1205 (1) and the student's READ plan meets the requirements specified in subsection (5) of this section. (5) Each READ plan must include, at a minimum: (a) The student's specific, diagnosed reading skill deficiencies that need to be remediated in order for the student to attain reading competency; (b) The goals and benchmarks for the student's growth in attaining reading competency; (c) The type of additional instructional services and interventions the student will receive in reading. At a minimum, the local education provider shall ensure that the student receives educational services in a daily literacy block for the length of time identified as effective in research relating to best practices in teaching reading. (d) The scientifically based or evidence-based reading instructional programming the teacher will use to provide to the student daily reading approaches, strategies, interventions, and instruction, which programs at a minimum shall address the areas of phonemic awareness, phonics, vocabulary development, reading fluency, including oral skills, and reading comprehension. The local education provider may choose to select the programs from among those included on the advisory list prepared by the department pursuant to section 22-7-1209; (e) The manner in which the local education provider will monitor and evaluate the student's progress; (f) The strategies the student's parent is encouraged to use in assisting the student to achieve reading competency that are designed to supplement the programming described in paragraph (d) of this subsection (5); and (g) Any additional services the teacher deems available and appropriate to accelerate the student's reading skill development. (6) Each local education provider shall ensure that a teacher continues to revise and implement a student's READ plan until the student attains reading competency, regardless of the student's grade level and regardless of whether the student was enrolled with the local education provider when the READ plan was originally created or the student transferred enrollment to the local education provider after the READ plan was created. (7) (a) If a student is identified as having a significant reading deficiency for a second or subsequent consecutive school year, the local education provider shall ensure that, in the second or subsequent consecutive school year: (I) The student's teacher revises the student's READ plan to include additional, more rigorous strategies and intervention instruction to assist the student in attaining reading competency, including increased daily time in school for reading instruction; (II) The principal of the school in which the student is enrolled ensures that the student receives reading instruction in conjunction with and supported through the other subjects in which the student receives instruction during the school day; and (III) If practicable, the student receives reading instruction from a teacher who is identified as effective or highly effective in his or her most recent performance evaluation and has expertise in teaching reading. (b) In addition, with the approval of the student's parent, the local education provider may provide to the student mental health support from the school psychologist, school social worker, or school counselor. Colorado Revised Statutes 2019 Page 206 of 1211 Uncertified Printout Source: L. 2012: Entire part added, (HB 12-1238), ch. 180, p. 652, § 2, effective July 1. L. 2019: (2), (4), IP(5), and (5)(c) amended, (SB 19-199), ch. 154, pp. 1824, 1825, §§ 4,5, effective May 10. 22-7-1207. Advancement - decision - parental involvement. (1) Beginning no later than the 2013-14 school year, if, within forty-five days before the end of any school year prior to a student's fourth-grade year, a teacher finds that a student has a significant reading deficiency, personnel of the local education provider shall provide to the student's parent the written notice described in subsection (2) of this section; except that the provisions of this section shall not apply if: (a) The student is a student with a disability who is eligible to take the alternative statewide assessment, or the student is identified as having a disability that substantially impacts the student's progress in developing reading skills, resulting in the student's significant reading deficiency; (b) The student is an English language learner, as defined in section 22-24-103, and the student's significant reading deficiency is due primarily to the student's language skills; or (c) The student is completing the second school year at the same grade level. (2) The written notice that the personnel provides to a parent pursuant to subsection (1) of this section at a minimum shall state that: (a) There are serious implications to a student entering fourth grade with a significant reading deficiency and, therefore, under state law, the parent, the student's teacher, and other personnel of the local education provider are required to meet and consider retention as an intervention strategy and determine whether the student, despite having a significant reading deficiency, is able to maintain adequate academic progress at the next grade level; (b) Personnel of the student's school will work with the parent to schedule a date, time, and place for the meeting; and (c) If the parent does not attend the meeting, the teacher and personnel of the local education provider will decide whether the student will advance to the next grade level in the next school year. (3) After sending the written notice, personnel of the student's school shall contact the parent to schedule the meeting to decide whether the student will advance to the next grade level. If, after making documented attempts to schedule the meeting with the parent, personnel of the student's school are unable to schedule the meeting, or if the parent does not attend the scheduled meeting, the teacher and personnel selected by the local education provider shall decide, based on the student's body of evidence, whether the student will advance to the next grade level for the next school year. (4) (a) At the meeting required by this section, the teacher and any other personnel selected by the local education provider shall, at a minimum, communicate to and discuss with the parent the following information: (I) That there are serious implications to a student entering fourth grade with a significant reading deficiency and, therefore, under state law, the parent, the student's teacher, and other personnel of the local education provider are required to meet and consider retention as an intervention strategy and determine whether the student, despite having a significant reading deficiency, is able to maintain adequate academic progress at the next grade level; Colorado Revised Statutes 2019 Page 207 of 1211 Uncertified Printout (II) The importance of achieving reading competency by the end of third grade, because students who achieve reading competency by the end of third grade are more likely to graduate from high school and attain a postsecondary credential; (III) The student's body of evidence and the likelihood that the student, despite having a significant reading deficiency, will be able to maintain adequate academic progress at the next grade level; (IV) The increased level of intervention instruction the student will receive in the next school year regardless of whether the student advances to the next grade level; and (V) The potential effects on the student if he or she does not advance to the next grade level. (b) After discussing the issues specified in paragraph (a) of this subsection (4), the parent, the teacher, and the other personnel shall decide whether the student will advance to the next grade level in the next school year. If the parent, teacher, and other personnel are not in agreement, the parent shall decide whether the student will advance to the next grade level unless otherwise specified in the policy adopted by the local education provider. (5) As soon as possible after the decision is made pursuant to subsection (3) of this section or at the conclusion of the meeting described in subsection (4) of this section, the personnel of the local education provider shall provide to the parent a written statement that the student will or will not advance to the next grade level in the next school year and the basis for the decision. The personnel shall also provide a copy of the statement to the school district superintendent, if the student is enrolled in a public school of a school district that is not a charter school, or to the school principal, if the student is enrolled in a district charter school, an institute charter school, or a public school operated by a board of cooperative services. The local education provider shall include the statement in the student's permanent academic record and shall remove the statement from the student's permanent academic record when the student achieves reading competency. (6) Notwithstanding any provision of paragraph (b) of subsection (4) of this section to the contrary, beginning with the 2016-17 school year, if a student is completing third grade and the student's teacher and other personnel decide pursuant to subsection (3) of this section or the student's parent decides pursuant to subsection (4) of this section that the student will advance to fourth grade even though the student has a significant reading deficiency, the decision to advance the student is subject to approval of the school district superintendent or the superintendent's designee, if the student is enrolled in a public school of a school district that is not a charter school, or subject to approval of the school principal, if the student is enrolled in a district charter school, an institute charter school, or a public school operated by a board of cooperative services. If the superintendent, or his or her designee, or the principal, whichever is applicable, does not approve the decision to advance the student, the student shall not advance to fourth grade in the next school year. As soon as possible, the local education provider shall provide a written statement to the parent concerning the decision of the superintendent or designee or the principal and the basis for the decision. The local education provider shall include the statement in the student's permanent academic record and shall remove the statement from the student's permanent academic record when the student achieves reading competency. (7) Each local education provider shall ensure that, to the extent practicable, all of the oral and written communications to a parent that are required in this section are delivered in a language the parent understands. Colorado Revised Statutes 2019 Page 208 of 1211 Uncertified Printout (8) The provisions of this section specify the circumstances under which a local education provider, in collaboration with a student's teacher and parent, is required to decide whether a student who has a significant reading deficiency should advance to the next grade level. The provisions of this part 12 do not limit the ability of a local education provider to decide, in accordance with policies and procedures of the local education provider, that a student at any grade level should not advance to the next grade level for any reason deemed sufficient by the local education provider. Source: L. 2012: Entire part added, (HB 12-1238), ch. 180, p. 654, § 2, effective July 1. L. 2014: (1)(b) amended, (HB 14-1298), ch. 244, p. 935, § 17, effective May 21. 22-7-1208. Local education providers - procedures - plans - training. (1) Each local education provider shall adopt the procedures necessary to comply with the requirements specified in this part 12. In adopting procedures, a local education provider shall comply with and may exceed the requirements of this part 12. Procedures may include, but need not be limited to, procedures for: (a) Creating a READ plan and the contents of a READ plan; (b) Effectively communicating with parents concerning the creation, contents, and implementation of READ plans; and (c) Determining whether a student who has a significant reading deficiency will advance to the next grade level. (2) A local education provider is not required to start a READ plan or convert an individual literacy plan to a READ plan for a student who is enrolled in fourth grade or higher as of the 2013-14 school year. (3) Each local education provider is encouraged to report to the department the strategies and intervention instruction that the local education provider finds effective in assisting students to attain reading competency and to provide copies of effective materials to the department to assist the department in sharing with local education providers best practices in assisting students to attain reading competency. (4) Local education providers are encouraged to provide parents opportunities to participate in parent reading workshops throughout the school year to assist parents in developing their own reading skills and in developing the skills necessary to assist their children in reading. (5) (a) Beginning with the plans adopted for the 2020-21 school year, the plan that a local education provider must adopt based on its accreditation category pursuant to section 2211-208 or as required pursuant to section 22-11-210, whichever is applicable, must include the following information concerning implementation of this part 12 as it applies to each of the schools operated by the local education provider: (I) The core and supplemental reading curriculum used at each grade level, including kindergarten for each school that includes a kindergarten educational program. The core and supplemental reading curriculum must be designed around teaching the foundational reading skills of phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension. (II) The targeted, evidence-based or scientifically based core and supplemental reading instructional programs and intervention reading instruction, services, and other supports, Colorado Revised Statutes 2019 Page 209 of 1211 Uncertified Printout including those available through the multi-tiered systems of supports or a comparable intervention system implemented by the local education provider, that each school provides to students who are identified as having a significant reading deficiency or as reading below grade level; (III) The assessments that each school uses at each grade level to meet the requirements specified in section 22-7-1205 (1); and (IV) If the local education provider receives and uses per-pupil intervention money or money received through the early literacy grant program for professional development, the local education provider's plan for providing the professional development, which development must be targeted, evidence based or scientifically based, and aligned with the instruction, services, and other supports provided to students who are identified as having a significant reading deficiency or as reading below grade level. (b) If a local education provider is authorized pursuant to section 22-11-303 (4) or 2211-403 (5) to adopt and submit a plan every two years, the local education provider shall submit to the department the information described in subsection (5)(a) of this section annually. (6) (a) By the beginning of the 2021-22 school year and continuing for each school year thereafter, each local education provider that receives per-pupil intervention money or a grant through the early literacy grant program in any budget year starting with the 2019-20 budget year shall ensure that each teacher employed to teach kindergarten or any of grades one through three successfully completes or has successfully completed evidence-based training in teaching reading. To comply with this subsection (6)(a), a local education provider must submit evidence, as described in subsection (6)(b) of this section, that each teacher employed to teach kindergarten or any of grades one through three has successfully completed evidence-based training in teaching reading that is: (I) Included as a course in an approved program of preparation, as defined in section 2260.5-103 (8), or an alternative teacher program, as defined in section 22-60.5-103 (5); (II) Included as a course in a post-graduate degree program in teaching reading or literacy; (III) Provided by the department or included on the advisory list of professional development programs provided by the department pursuant to section 22-7-1209 (2)(c); or (IV) Provided by a local education provider or is appropriate for license renewal pursuant to section 22-60.5-110 (3). (b) A teacher is deemed to have successfully completed evidence-based training in teaching reading if the local education provider submits to the department evidence that the teacher passed an end-of-course assessment of learning at the completion of the evidence-based training. (c) At the request of a local education provider, the department shall provide, at no cost to the local education provider, evidence-based training in teaching reading to one or more of the teachers employed by the local education provider to teach kindergarten or any of grades one through three. (d) Notwithstanding the provisions of subsection (6)(a) of this section, a local education provider that is not in compliance with the requirements of this subsection (6) as of the beginning of the 2021-22 school year or for a subsequent school year may request a one-year extension from the department based on a demonstration of good cause for inability to comply. Colorado Revised Statutes 2019 Page 210 of 1211 Uncertified Printout (e) A local education provider is strongly encouraged to make evidence-based training in teaching reading available to parents and members of the community in order to effectively partner with them in teaching early-grade reading. (f) The state board may adopt rules as necessary to specify the time frames and procedures for complying with the requirements specified in subsection (6)(a) of this section and for applying for an extension pursuant to subsection (6)(d) of this section and the form in which a local education provider must submit evidence of the completion of an end-of-course assessment of learning as required in subsection (6)(b) of this section. (7) Each local education provider is strongly encouraged to partner with adjacent public libraries to enhance the instructional programming and services in literacy provided by the local education provider and to provide access for students and their parents to reading materials for out-of-school literacy development. Source: L. 2012: Entire part added, (HB 12-1238), ch. 180, p. 657, § 2, effective July 1. L. 2019: (5) to (7) added, (SB 19-199), ch. 154, p. 1825, § 6, effective May 10. 22-7-1209. State board - rules - department - duties. (1) The state board shall promulgate rules in accordance with the "State Administrative Procedure Act", article 4 of title 24, as necessary to implement the provisions of this part 12, which rules must include, but need not be limited to: (a) The minimum reading competency skill levels in the areas of phonemic awareness, phonics, vocabulary development, reading fluency, including oral skills, and reading comprehension for kindergarten and first, second, and third grades. The state board shall base the minimum skill levels for second and third grades primarily on scores attained on the assessments approved by the state board pursuant to subsection (1)(b) of this section. The state board shall describe the minimum skill levels for students as they complete kindergarten and first grade using matrices of appropriate indicators, which indicators may include measures of students' social and emotional development, physical development, language and comprehension development, and cognition and general knowledge. The state board shall adopt the rules described in this subsection (1)(a) by March 31, 2013. The state board shall review the minimum reading competency skill levels on or before July 1, 2019, and every four years thereafter and update them as necessary. (b) The list of approved evidence-based or scientifically based reading assessments, based on the recommendations of the department, that local education providers may use to meet the requirements specified in section 22-7-1205. The state board shall adopt the list of approved reading assessments by March 31, 2013. The state board shall review the list of approved reading assessments, on or before July 1, 2019, and every four years thereafter and update the list as necessary. (c) Rules for approving one or more independent third-party evaluators to review reading assessments for inclusion on the approved list of assessments and to review instructional programming and professional development programs for inclusion on the advisory lists created by the department pursuant to subsections (2) and (3) of this section; (d) Rules to provide notice and an appeals process, which may be a process for written appeals, for publishers and local education providers who submit materials for inclusion on the list of approved assessments and the advisory lists of instructional programming, and Colorado Revised Statutes 2019 Page 211 of 1211 Uncertified Printout professional development programs. On appeal, the department and the state board must, at a minimum, consider any findings that an appellant may submit from a nationally recognized, evidence-based information clearinghouse that demonstrate that a program has achieved positive results for a substantially similar population of students who are identified as having significant reading deficiencies. (d.5) The time frames and procedures for submitting information concerning the use of per-pupil intervention money; (e) The time frames and procedures for reporting information concerning students' reading skills as described in section 22-7-1213; and (f) Rules for implementing the early literacy grant program pursuant to section 22-71211. (2) (a) (I) Using the procedure developed pursuant to subsection (3) of this section, the department shall review and recommend to the state board reading assessments, including interim, summative, and diagnostic assessments, for kindergarten and first, second, and third grades that, at a minimum, meet the criteria specified in subsection (2)(a)(II) of this section. Following action by the state board to approve reading assessments pursuant to subsection (1)(b) of this section, the department shall create a list of the approved reading assessments for kindergarten and first, second, and third grades for use by local education providers. The department shall update the list of approved reading assessments on or before July 1, 2019, and every four years thereafter as necessary. The department shall work with the approved assessment publishers to better align, to the extent practicable, the minimum reading competency levels for third grade, which are based on the scores attained on the approved assessments, with the preschool through elementary and secondary education standards for third-grade reading adopted pursuant to section 22-7-1005. (II) The department shall ensure that: (A) Each of the recommended reading assessments is evidence-based or scientifically based and is aligned with the preschool through elementary and secondary education standards for reading adopted by the state board pursuant to section 22-7-1005; (B) Each of the recommended reading assessments is valid and reliable and proven to effectively and accurately measure students' reading skills in the areas of phonemic awareness; phonics; vocabulary development; reading fluency, including oral skills; and reading comprehension; (C) Each of the recommended reading diagnostics is proven to accurately identify students' specific reading skill deficiencies; (D) At least one of the recommended reading assessments for kindergarten and first, second, and third grades is normed for the performance of students who speak Spanish as their native language, which assessment is available in both English and Spanish; and (E) The list of recommended reading assessments and reading diagnostics includes at least one assessment and one diagnostic that a student can complete using pencil and paper rather than using a computer. (b) Using the procedure developed pursuant to subsection (3) of this section, the department shall create an advisory list of evidence-based or scientifically based instructional programming in reading and supporting technologies, including software, for assessing and monitoring student progress that local education providers are encouraged to use, which programming and technology, including software, are aligned with the recommended reading Colorado Revised Statutes 2019 Page 212 of 1211 Uncertified Printout assessments, including the assessment required in subsection (2)(a)(II)(D) of this section. The advisory list may include only programming and technology, including software, that, at a minimum: (I) Have been proven to accelerate student progress in attaining reading competency; (II) With regard to instructional programming, provides explicit and systematic skill development in the areas of phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension; (II.5) With regard to instructional programming, is evidence based or scientifically based and is aligned with the preschool through elementary and secondary education standards for reading adopted by the state board pursuant to section 22-7-1005; (III) With regard to instructional programming, includes evidence-based or scientifically based and reliable assessments; (IV) Provide initial and ongoing analysis of the student's progress in attaining reading competency; and (V) With regard to instructional programming, includes texts on core academic content to assist the student in maintaining or meeting grade-appropriate proficiency levels in academic subjects in addition to reading. (c) Using the procedure developed pursuant to subsection (3) of this section, the department shall create an advisory list of rigorous professional development programs that are related to addressing significant reading deficiencies and to applying intervention instruction and strategies, in addition to programs related to teaching general literacy, that local education providers are encouraged to use. The department shall include on the advisory list professional development programs that are available online. The department shall ensure that each professional development program included on the advisory list is: (I) Focused on or aligns with the science of reading, including teaching in the areas of phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension; and (II) Includes rigorous evaluations of learning throughout and at the end of the course that a person taking the course must pass to successfully complete the course. (d) The department shall make the approved list of assessments and the advisory lists of instructional programming and professional development programs, and subsequent updated lists, available on the department website. The department is not required to provide copies of any reading assessments, instructional programming, or professional development programs that are included on the lists. If the department does provide copies of any materials that it acquires by purchase of a license for use by local education providers, the materials may be used only in accordance with the license. (e) Each local education provider shall select from the list of approved reading assessments those reading assessments that it will administer to students in kindergarten and first, second, and third grades. Each local education provider is encouraged to use the instructional programming in reading and professional development programs included on the advisory lists. The department and each local education provider, in using the assessments, instructional programming in reading, and professional development programs that are included on the lists shall comply with the federal copyright laws, 17 U.S.C. sec. 101 et seq. (3) The department shall develop and implement a procedure for identifying the reading assessments it recommends to the state board for the approved list of reading assessments Colorado Revised Statutes 2019 Page 213 of 1211 Uncertified Printout described in subsection (2)(a) of this section and for creating the advisory lists of instructional programming and professional development programs described in subsections (2)(b) and (2)(c) of this section. At a minimum, the procedure must include: (a) Soliciting through public notice, accepting, and promptly reviewing assessments, instructional programming, and professional development programs from each local education provider and from publishers; (b) Evaluating the assessments, instructional programming, and professional development programs that the department identifies or receives, which evaluation is based on the criteria specified in subsection (2) of this section and any additional criteria the state board may adopt by rule. The department may contract with an independent, third-party evaluator approved by the state board to evaluate the materials. The department shall recommend to the state board the reading assessments that meet the requirements specified in paragraph (a) of subsection (2) of this section. (c) Reviewing the list of approved assessments at least every four years and the advisory lists at least every two years to update the lists and add additional items, when appropriate. In reviewing and updating the list of approved assessments and the advisory lists, the department shall, at a minimum, comply with the procedures described in subsections (3)(a) and (3)(b) of this section. (d) Publishing on the department's website the initial and updated approved list of reading assessments and advisory lists of instructional programming and professional development programs. (3.5) In designing and periodically updating the procedure and the rubric of criteria for reviewing assessments and materials and creating the advisory lists, the department shall consult with local education providers, including those with high enrollments of students who are English language learners as defined in section 22-24-103, and with third-party experts as necessary. The department shall ensure that the procedure for reviewing the assessments and materials and creating the advisory lists is inclusive and transparent. (4) The department shall specify the information that local education providers shall submit pursuant to section 22-7-1213 and shall analyze the information as necessary to make the determinations specified in section 22-7-1213. If another rule or statute requires local education providers to submit any portion of the specified information, the department shall not require local education providers to resubmit the information, but shall apply the information received pursuant to the other rule or statute in preparing the analysis required in section 22-7-1213. (5) The department shall make available to local education providers any information and materials it receives pursuant to section 22-7-1208 (3) concerning strategies and intervention instruction that local education providers find effective in assisting students to achieve reading competency, including copies of any effective materials that the department receives. (6) The department, upon request, may provide technical assistance to a local education provider in implementing the provisions of this part 12; except that, if a local education provider is accredited with turnaround plan pursuant to section 22-11-208 or required to adopt a turnaround plan pursuant to section 22-11-210, the department shall provide technical assistance to the local education provider in implementing the provisions of this part 12. (7) Beginning in the 2019-20 budget year, the department shall contract with an entity to develop and implement a public information campaign to emphasize the importance of learning to read by third grade and to highlight the local education providers that are achieving high Colorado Revised Statutes 2019 Page 214 of 1211 Uncertified Printout percentages of third-grade students who demonstrate reading competency. The public information campaign must be disseminated statewide and must emphasize the important roles that educators and parents have in teaching children to read and in providing a school and home environment that promotes reading. The department is encouraged to work with the public and private library agencies throughout the state in developing and implementing the public information campaign. (8) (a) By October 1, 2019, the department shall issue a request for proposals to contract with an entity to act as an independent evaluator to provide independent evaluations of the use of per-pupil intervention money and money received through the early literacy grant program by local education providers and to conduct a multi-year evaluation to determine whether the student outcomes achieved by local education providers in implementing this part 12 meet the goals of this part 12 as described in section 22-7-1202 (2) and (3)(a). (b) The commissioner of education shall direct the process for reviewing the proposals received and for selecting the entity in accordance with the procurement laws applicable to the department. In selecting the entity, the commissioner shall ensure that: (I) The selected entity demonstrates the ability and capacity to successfully complete the evaluation as described in subsection (8)(c) of this section within the specified time frame; (II) The selected entity has expertise in reviewing and understanding the components of high-quality, effective reading curricula, education programs, instruction, strategies, and interventions; (III) The selected entity has expertise in reviewing the implementation of English language development programs, especially with regard to teaching reading; and (IV) The selected entity has expertise in understanding measurements of student learning and academic growth. (c) The multi-year evaluation of the implementation of this part 12 must include: (I) Review of the approved reading assessments and the items included on the advisory lists of instructional programming in reading and supporting technologies and of professional development programs to ensure that they meet the requirements specified in subsection (2) of this section and a review of the processes by which the department identifies assessments, instructional programming in reading, and professional development programs for inclusion on the lists; (II) Evaluation of the effectiveness of the processes, procedures, methods, and strategies that local education providers use to implement the requirements of this part 12, including an inventory to establish a baseline indication of the teaching methods, strategies, and materials used by local education providers to teach reading in kindergarten and grades one through three; (III) Measurement of the results attained that indicate the degree to which the goals of this part 12 have been met, including, at a minimum: (A) The number of students annually identified as having significant reading deficiencies, including those initially identified and those who were identified in a previous school year; (B) The amount of academic growth to standard in reading annually attained by students who are identified as having significant reading deficiencies and whether students identified as having significant reading deficiencies demonstrate sufficient, as determined by the department, growth to standard in reading over multiple years; Colorado Revised Statutes 2019 Page 215 of 1211 Uncertified Printout (C) Whether students identified as having significant reading deficiencies demonstrate grade-level reading competency by completion of third grade or by completion of a later grade; (D) The number of students annually identified as reading below grade level; and (E) The amount of academic growth to standard in reading annually attained by students who are reading below grade level and whether students identified as reading below grade level demonstrate sufficient, as determined by the department, growth to standard in reading over multiple years; (IV) Identification of the effective processes, procedures, methods, and strategies used by local education providers that the independent evaluator identifies as achieving significant academic growth to standard in reading for students identified as having significant reading deficiencies and as reading below grade level; (V) Establishment of a baseline indication of the level and quality of pre-service and inservice training in teaching reading received by each educator who is employed in a public school to teach kindergarten or one of grades one through three; (VI) Evaluation of the degree to which local education providers effectively work with parents and members of the community to create partnerships for providing and encouraging reading instruction for students enrolled in kindergarten and grades one through three; and (VII) Recommendations for legislative or regulatory changes regarding this part 12 or changes in implementation of the requirements of this part 12 to decrease the number of students identified as having significant reading deficiencies and increase to the greatest possible extent the number and overall percentage of students reading at grade level at the completion of kindergarten and grades one through three. (d) In completing the multi-year evaluation, the independent evaluator shall take into account student mobility within, and the student demographics of, each local education provider, including at the school-building level. The independent evaluator shall work directly with the department, local education providers, and parents and community members in completing the evaluation. (e) The independent evaluator contracted pursuant to this subsection (8) shall complete the evaluation of the implementation of this part 12 as described in subsection (8)(c) of this section by July 1, 2021. The department shall include a report of the evaluation in the hearing before the joint education committee held pursuant to section 2-7-203 in November or December 2021. The independent evaluator shall continue evaluations of the growth in reading achieved by local education providers' use of per-pupil intervention money and money received through the early literacy grant program. Source: L. 2012: Entire part added, (HB 12-1238), ch. 180, p. 658, § 2, effective July 1. L. 2015: (2)(a)(II)(C) and (2)(a)(II)(D) amended and (2)(a)(II)(E) added, (HB 15-1323), ch. 204, p. 714, § 5, effective May 20. L. 2018: IP(1), (1)(a), (1)(b), (1)(d), (2)(a)(I), (2)(a)(II)(A), IP(2)(b), (2)(b)(III), (2)(d), IP(3), (3)(a), and (3)(c) amended and (2)(b)(II.5) and (3.5) added, (HB 18-1393), ch. 275, p. 1738, § 1, effective May 29. L. 2019: (1)(d.5), (7), and (8) added and (2)(a)(I), (2)(b), (2)(c), IP(3), and (6) amended, (SB 19-199), ch. 154, p. 1827, § 7, effective May 10. Colorado Revised Statutes 2019 Page 216 of 1211 Uncertified Printout 22-7-1210. Early literacy fund - created - repeal. (1) The early literacy fund is hereby created in the state treasury and is referred to in this section as the "fund". The fund shall consist of: (a) Any moneys remaining in the read-to-achieve cash fund as of June 30, 2012; (b) and (c) Repealed. (d) (I) For the 2013-14 budget year, an amount equal to sixteen million dollars from the state education fund, and for the 2014-15 budget year, and each budget year thereafter, an amount equal to thirty-four million dollars from the state education fund. On July 1, 2013, and on July 1 each year thereafter, the state treasurer shall transfer the appropriate amount from the state education fund to the early literacy fund. (II) The general assembly hereby finds and declares that, for the purposes of section 17 of article IX of the state constitution, providing students enrolled in kindergarten, first, second, or third grade with the instructional programming, intervention instruction, and support necessary to ensure that students, by the completion of third grade, can demonstrate a level of competency in reading skills that is necessary to support them in achieving the academic standards and expectations applicable to the fourth-grade curriculum is a program for accountable education reform and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution. (e) Any other moneys that the general assembly may appropriate or transfer to the fund. (2) The state treasurer may invest any moneys in the fund not expended for the purposes specified in subsection (4) of this section as provided by law. The state treasurer shall credit all interest and income derived from the investment and deposit of moneys in the fund to the fund. Any amount remaining in the fund at the end of any fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or to any other fund. (3) Repealed. (4) The money in the fund is subject to annual appropriation by the general assembly to the department. The department shall annually expend the money in the fund as follows: (a) Repealed. (b) Beginning in the 2013-14 budget year and for budget years thereafter: (I) The department shall use one million dollars, as provided in the annual general appropriations bill, to provide literacy support in the form of professional development delivered by experts in literacy on a regional basis to local education providers to assist them in implementing the requirements of this part 12; (II) The department shall use at least four million dollars, as provided in the annual general appropriations bill, for grants awarded through the early literacy grant program created in section 22-7-1211; (III) The department may use up to one percent of the money annually appropriated from the fund, as provided in the annual general appropriations bill, to offset the costs of administering this part 12; and (IV) The department shall allocate the remaining money annually credited to the fund, as provided in the annual general appropriations bill, to the local education providers as per-pupil intervention money calculated pursuant to subsection (5) of this section, as it existed prior to May 10, 2019. (c) (I) In addition to the allocations described in subsection (4)(b) of this section, for the 2019-20 budget year, the department shall expend: Colorado Revised Statutes 2019 Page 217 of 1211 Uncertified Printout (A) Up to five hundred thousand dollars to implement the public information campaign to promote reading described in section 22-7-1209 (7); (B) Up to seven hundred fifty thousand dollars to contract with, and pay the direct administrative costs incurred in contracting with and overseeing, a qualified entity as an independent evaluator to evaluate the implementation of this part 12 as described in section 227-1209 (8); and (C) Up to two million seven hundred fifty thousand dollars to provide evidence-based training in teaching reading for teachers employed by local education providers to teach kindergarten and grades one through three. If the actual demand for training exceeds the anticipated demand and the amount allocated pursuant to this subsection (4)(c)(I)(C) is insufficient to pay the costs incurred in providing this training, the department may submit to the general assembly during the 2019-20 budget year a request for a supplemental appropriation in the amount required to fully fund the costs. (II) Notwithstanding the provisions of subsections (4)(b)(II) and (4)(b)(IV) of this section, for the 2019-20 budget year, of the amount that remains after the allocations described in subsections (4)(b)(I), (4)(b)(III), and (4)(c)(I) of this section, as provided in the annual general appropriations bill, the department shall allocate two million five hundred thousand dollars for grants awarded through the early literacy grant program created in section 22-7-1211, which is in addition to the amount described in subsection (4)(b)(II) of this section, and allocate the remaining amount to local education providers as per-pupil intervention money as provided in section 22-7-1210.5. (III) Subsection (4)(b) of this section and this subsection (4)(c) are repealed, effective July 1, 2020. (d) (I) Beginning in the 2020-21 budget year and for budget years thereafter, the department shall annually expend the money credited to the early literacy fund for the following purposes: (A) To implement the public information campaign to promote reading described in section 22-7-1209 (7); (B) To contract with and pay the direct costs incurred in overseeing an independent evaluator as provided in section 22-7-1209 (8); (C) To implement the early literacy grant program created in section 22-7-1211; (D) To allocate per-pupil intervention money to local education providers as provided in section 22-7-1210.5; and (E) To pay the costs incurred in providing to local education providers technical assistance in implementing this part 12 and training in teaching reading for teachers employed to teach kindergarten and grades one through three; monitoring the use of money received as perpupil intervention money or grants through the early literacy grant program; and fulfilling the administrative requirements specified in this part 12. (II) The general assembly shall annually appropriate in the general appropriations bill the amount that the department may expend for the purposes specified in subsection (4)(d)(I) of this section. (5) and (6) Repealed. Source: L. 2012: Entire part added, (HB 12-1238), ch. 180, p. 661, § 2, effective July 1. L. 2013: (1)(c) repealed, (1)(d) amended, and (1)(e) added, (SB 13-260), ch. 236, p. 1141, § 7, Colorado Revised Statutes 2019 Page 218 of 1211 Uncertified Printout effective May 17. L. 2014: (1)(d)(I) amended, (HB 14-1292), ch. 243, p. 916, § 20, effective May 21; (1)(d)(I) amended, (HB 14-1298), ch. 244, p. 937, § 25, effective May 21; (5)(b)(III) amended and (5)(b)(III.5) added, (HB 14-1204), ch. 292, p. 1195, § 4, effective May 31. L. 2016: (1)(b) and (3) repealed, (HB 16-1408), ch. 153, p. 472, § 26, effective July 1; IP(5)(b) and (5)(b)(III.5) amended, (HB 16-1440), ch. 316, p. 1278, § 6, effective August 10. L. 2018: IP(4), (4)(b), (5)(b), and (5)(c) amended and (6) added, (HB 18-1393), ch. 275, p. 1741, § 2, effective May 29. L. 2019: (4)(b)(IV) amended, (4)(c) and (4)(d) added, and (5) and (6) repealed, (SB 19199), ch. 154, p. 1831, § 8, effective May 10; (5)(b)(I) repealed, (HB 19-1262), ch. 245, p. 2401, § 11, effective May 21. Editor's note: (1) Subsection (4)(a)(II) provided for the repeal of subsection (4)(a), effective July 1, 2013. (See L. 2012, p. 661.) (2) Subsection (5)(a)(II)(B) provided for the repeal of subsection (5)(a)(II), effective July 1, 2014. (See L. 2012, p. 661.) (3) Amendments to subsection (5) by SB 19-199 and HB 19-1262 were harmonized. Cross references: For the short title ("Student Success Act") in HB 14-1292, see section 1 of chapter 243, Session Laws of Colorado 2014. 22-7-1210.5. Per-pupil intervention money - uses - distribution - monitoring. (1) To distribute the money appropriated pursuant to section 22-7-1210 (4) for per-pupil intervention money, the department shall annually calculate the per-pupil amount by dividing the amount of money available by the total number of students enrolled in kindergarten and first, second, and third grades in public schools in the state who were identified as having significant reading deficiencies and received instructional services pursuant to READ plans in the budget year preceding the year in which the money is distributed. Subject to the requirements of this section, a local education provider may receive per-pupil intervention money in an amount equal to the calculated per-pupil amount multiplied by the number of students enrolled in kindergarten and first, second, and third grades in public schools operated by the local education provider who were identified as having significant reading deficiencies and received instructional services pursuant to READ plans in the budget year preceding the year in which the money is distributed. (2) Before the beginning of each budget year, to receive a distribution of per-pupil intervention money, a local education provider must submit to the department by the date specified by state board rule: (a) The number of students enrolled in kindergarten and first, second, and third grades in public schools operated by the local education provider who were identified as having significant reading deficiencies and received instructional services pursuant to READ plans in the budget year preceding the year in which the money is distributed; and (b) A budget, including a narrative explanation, for the use of the per-pupil intervention money in accordance with the uses described in subsection (4) of this section. (3) (a) At the beginning of each budget year, the department shall distribute to a local education provider that meets the requirements specified in subsection (3)(b) of this section the amount of per-pupil intervention money calculated for the local education provider pursuant to subsection (1) of this section for the applicable budget year. Colorado Revised Statutes 2019 Page 219 of 1211 Uncertified Printout (b) To receive per-pupil intervention money in a budget year, a local education provider must meet the following requirements: (I) The local education provider must submit the information described in subsection (2) of this section and in section 22-7-1213 (2); (II) For the 2021-22 budget year and budget years thereafter, the local education provider must submit evidence that it is in compliance with the teacher training requirements specified in section 22-7-1208 (6); (III) The department must approve the local education provider's proposed use of the per-pupil intervention money as being in compliance with the requirements in subsection (4) of this section; (IV) For the preceding budget year, the local education provider must have used the money for one or more of the purposes specified in subsection (4) of this section; except that the provisions of this subsection (3)(b)(IV) do not apply if the local education provider did not receive a distribution of per-pupil intervention money in the preceding budget year; and (V) If the local education provider is expecting to use the per-pupil intervention money for targeted intervention services as described in subsection (4)(d) of this section, the department reviewed and approved the services. The department shall not approve services that have not been implemented and proven to be successful with a student population and under circumstances that are comparable to those of the local education provider or that are not supported by valid research that suggests the services will be effective with the student population served by, and under the circumstances of, the local education provider. (c) Throughout the budget year, the department shall monitor and, if deemed necessary by the department, audit each local education provider's use of the per-pupil intervention money it receives. The department may conduct site visits to the extent deemed necessary to adequately monitor a local education provider's use of per-pupil intervention money. Each local education provider shall provide, upon request by the department, information necessary for the department to comply with this subsection (3)(c). (4) A local education provider may use the per-pupil intervention money only as follows: (a) To operate a summer school literacy program as described in section 22-7-1212; (b) To purchase core reading instructional programs that are included on the advisory list of instructional programming in reading and supporting technologies developed by the department pursuant to section 22-7-1209 (2)(b); (c) To purchase tutoring services that focus on increasing students' foundational reading skills of phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension for students who are receiving instructional services pursuant to READ plans; (d) To provide other targeted, evidence-based or scientifically based intervention services to students who are receiving instructional services, which may include services provided by a reading interventionist, pursuant to READ plans, which services are approved by the department; (e) To provide technology, including software, which is included on the advisory list of instructional programming in reading and supporting technologies pursuant to section 22-7-1209 (2)(b), to assist in assessing and monitoring student progress toward reading competency, which Colorado Revised Statutes 2019 Page 220 of 1211 Uncertified Printout may include providing professional development in the effective use of the technology or software; (f) To purchase from a board of cooperative services the services of a reading specialist or reading interventionist who is trained in the science of reading and in teaching the foundational reading skills of phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension to provide educator professional development in teaching reading and other support in implementing the requirements of this part 12; or (g) To provide professional development programming to support educators in teaching reading. Professional development programming authorized in this subsection (4)(g) may include hiring a reading coach who is trained in teaching the foundational reading skills of phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension to provide job-embedded, ongoing professional development to support kindergarten-through-third-grade teacher competence in teaching phonemic awareness, phonics, vocabulary development, reading fluency including oral skills, and reading comprehension. A local education provider that has not fully complied with section 22-7-1208 (6) is strongly encouraged to use per-pupil intervention money to ensure that all teachers employed by the local education provider to teach kindergarten or any of grades one through three successfully complete evidence-based training in teaching reading before using the money for other authorized purposes. (5) In using the per-pupil intervention money distributed pursuant to this section, each local education provider shall ensure that some type of intervention, as described in subsection (4) of this section, is available to each student who is identified as having a significant reading deficiency and who is enrolled in kindergarten or first, second, or third grade in a school operated by the local education provider. (6) (a) Each local education provider shall ensure that the per-pupil intervention money it receives in each budget year is used to improve the reading competency of students enrolled in kindergarten and grades one through three who are identified as having a significant reading deficiency or receive instructional services pursuant to READ plans and does not replace other money that would otherwise be used for this purpose. (b) A local education provider may retain up to fifteen percent of the amount of perpupil intervention money it receives in a budget year for use in accordance with this section in the next budget year. If a local education provider retains more than the amount authorized in this subsection (6)(b), the department shall reduce the amount of per-pupil intervention money that the local education provider is eligible to receive in the next budget year by the excess retention amount. Source: L. 2019: Entire section added, (SB 19-199), ch. 154, p. 1834, § 9, effective May 10. 22-7-1211. Early literacy grant program - created - definitions. (1) (a) There is created in the department the early literacy grant program to provide money to local education providers to implement literacy support and intervention instruction programs, including but not limited to related professional development programs, to assist students in kindergarten and first, second, and third grades to achieve reading competency. The state board may award a grant to an Colorado Revised Statutes 2019 Page 221 of 1211 Uncertified Printout applying local education provider that is a school district on a district-wide basis or to individual schools of the school district. A local education provider may apply individually or as part of a group of local education providers. The state board by rule shall establish the application timelines and the information to be included in each grant application. The state board shall not, as a condition of applying for or receiving a grant, restrict an applicant's ability to use any of the assessments included on the approved list of assessments adopted pursuant to section 22-7-1209 (1)(b). (b) In adopting rules, the state board shall ensure that a local education provider that is a rural school district or a small rural school district, or a district charter school or an institute charter school that is located within the boundaries of a rural school district or small rural school district, may submit a simplified grant application. A rural school district that is a member of a board of cooperative services may seek assistance in writing the grant application from the board of cooperative services. A board of cooperative services may apply for a grant to provide instructional support in literacy for small rural school districts that are members of the board of cooperative services. (2) The department shall review each grant application received and recommend to the state board whether to award the grant and the duration and amount of each grant. In making recommendations, the department shall consider the following factors: (a) The percentage of kindergarten and first-, second-, and third-grade students enrolled by the applying local education provider or group of local education providers who have significant reading deficiencies and the percentage of kindergarten and first-, second-, and thirdgrade students who do not have significant reading deficiencies but who are not meeting the grade-level expectations in reading adopted by the state board; (b) The instructional program that the applying local education provider or group of local education providers plans to implement using the grant money and whether it is an evidence-based program that is proven to be successful in other public schools in Colorado or in other states; (b.3) Whether the local education provider or group of local education providers employs reading coaches or plans to use all or a portion of the grant money to employ reading coaches; (b.5) The degree to which the instructional program incorporates the effective use of technology, including software, to assist in assessing and monitoring student progress toward reading competency; (c) The cost of the instructional program that the applying local education provider or group of local education providers plans to implement using the grant moneys; (c.5) In the case of a board of cooperative services that applies for a grant to provide instructional support in literacy, the number of small rural school districts, the number of kindergarten and first-, second-, and third-grade students enrolled in the small rural school districts, and the resources available to the small rural school districts that will receive instructional support as a result of the grant; (d) Any additional factors the state board may require by rule. (3) Based on the recommendations of the department, the state board shall award grants to applying local education providers or groups of local education providers, which grants are paid from money in the early literacy fund created in section 22-7-1210. Of the money allocated Colorado Revised Statutes 2019 Page 222 of 1211 Uncertified Printout for the early literacy grant program pursuant to section 22-7-1210 (4), the state board shall annually: (a) Award up to ten percent to applicants that have previously received a grant to fund school-wide literacy initiatives that have resulted in significant student academic growth toward reading competency, as determined by an independent evaluator as provided in section 22-71209 (8), and that are requesting an additional year of funding to assist the local education provider in sustainability planning for the initiatives, including the continuing use of literacy coaches; (b) Award up to fifteen percent to fund professional development initiatives for local education providers that are already implementing evidence-based or scientifically based universal instruction and interventions that are resulting in significant student academic growth toward reading competency, as determined by an independent evaluator as provided in section 22-7-1209 (8); and (c) Award the remainder to applicants that request funding for other evidence-based or scientifically based literacy support and intervention instruction programs to assist students in kindergarten and first, second, and third grades to achieve reading competency. (3.5) (a) Upon completion of the term of a grant, if an independent evaluator, as provided in section 22-7-1209 (8), determines that the instructional program funded by the grant money has resulted in significant student academic growth toward reading competency, and if the local education provider requests an extension of the grant, the state board shall extend the grant for a period recommended by the department. The state board shall increase the amount of the grant if necessary to enable the local education provider to expand or enhance implementation of the instructional program. (b) Upon completion of the term of a grant, if an independent evaluator, as provided in section 22-7-1209 (8), determines that the instructional program funded by the grant money has not resulted in significant academic student growth toward reading competency, the state board shall not extend or renew the grant. (4) For purposes of this section: (a) "Rural school district" means a school district in Colorado that the department of education determines is rural, based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area. (b) "Small rural school district" means a rural school district that enrolls fewer than one thousand two hundred students in kindergarten through twelfth grade. Source: L. 2012: Entire part added, (HB 12-1238), ch. 180, p. 664, § 2, effective July 1. L. 2014: (1) and (2)(c) amended and (2)(c.5) added, (HB 14-1204), ch. 292, p. 1196, § 5, effective May 31. L. 2016: (1) and (2)(c.5) amended and (4) added, (HB 16-1440), ch. 316, p. 1277, § 5, effective August 10. L. 2018: (1), (3), and (4) amended, (HB 18-1393), ch. 275, p. 1742, § 3, effective May 29. L. 2019: (1), (2)(a), (2)(b), IP(3), (3)(a), and (3)(b) amended and (2)(b.3), (2)(b.5), and (3.5) added, (SB 19-199), ch. 154, p. 1837, § 10, effective May 10. 22-7-1212. Summer school literacy programs. (1) A local education provider may choose to use per-pupil intervention money to provide an evidence-based or scientifically based summer school literacy program to assist students who are enrolled in kindergarten or first, second, or third grade and who have significant reading deficiencies to achieve reading Colorado Revised Statutes 2019 Page 223 of 1211 Uncertified Printout competency. A local education provider may allow students who are below grade-level expectations in reading, but who do not have significant reading deficiencies, to participate in a summer school literacy program operated pursuant to this section if capacity remains after serving all of the students with significant reading deficiencies who choose to participate. (2) A local education provider that intends to use per-pupil intervention money to operate a summer school literacy program shall annually provide to the department information concerning the summer school literacy program the local education provider intends to operate, which demonstrates that the summer school literacy program meets the requirements specified in subsection (3) of this section. (3) The local education provider shall ensure that the program: (a) Serves only students enrolled in kindergarten or first, second, or third grade who have significant reading deficiencies, except as specifically allowed in subsection (1) of this section for students who are below grade-level expectations in reading; and (b) Uses scientifically based or evidence-based instructional programming in reading that: (I) Has been proven to accelerate student progress in attaining reading competency; (II) Provides explicit and systematic skill development in the areas of phonemic awareness; phonics; vocabulary development; reading fluency, including oral skills; and reading comprehension; (III) Includes scientifically based and reliable assessments; and (IV) Provides initial and ongoing analysis of the student's progress in attaining reading competency. Source: L. 2012: Entire part added, (HB 12-1238), ch. 180, p. 665, § 2, effective July 1. L. 2018: Entire section amended, (HB 18-1393), ch. 275, p. 1743, § 4, effective May 29. 22-7-1213. Reporting requirements. (1) Each local education provider shall annually report to the department information necessary to determine: (a) The prevalence of significant reading deficiencies among students in kindergarten and first through third grades; (a.3) The amount of academic growth to standard in reading annually achieved by students who are enrolled in kindergarten and first through third grades and who are identified as having significant reading deficiencies; (a.5) The amount of academic growth to standard in reading annually achieved by students who are enrolled in kindergarten and first through third grades and who are identified as reading below grade level; (a.7) Whether the amount of academic growth to standard annually achieved by each student described in subsections (1)(a.3) and (1)(a.5) of this section demonstrates sufficient, as determined by the department, growth to standard in reading over multiple years; (b) Whether students who have significant reading deficiencies and who advance to the next grade level attain reading competency and, if so, at what grade level; (c) Whether students who have significant reading deficiencies and who do not advance to the next grade level attain reading competency within the school year during which they do not advance; Colorado Revised Statutes 2019 Page 224 of 1211 Uncertified Printout (d) Whether students who have significant reading deficiencies and who do not advance to the next grade level attain reading competency at a lower grade level than students who do advance; and (e) Whether students who have significant reading deficiencies continue to advance to the next grade level despite having a continuing significant reading deficiency and the degree to which local education providers are recommending that said students do not advance. (1.5) Each local education provider shall submit to the department and to the independent evaluator contracted pursuant to section 22-7-1209 (8) any information required by the department or the independent evaluator to complete the evaluation described in section 227-1209 (8). The local education provider, in providing information, and the department and the independent evaluator in receiving and using the information, shall comply with state and federal laws to protect the privacy of student information. The local education provider, the department, and the independent evaluator shall collaborate to minimize the impact on instructional time that may result from collecting and providing the information. (2) Each local education provider that receives an early literacy grant pursuant to section 22-7-1211 or per-pupil intervention money shall, at the conclusion of each budget year in which it receives the grant or per-pupil intervention money, submit to the department information describing: (a) In detail, the specific expenditures for which the local education provider used the grant or per-pupil intervention money; (a.5) If the local education provider purchased instructional programming in reading using grant or per-pupil intervention money, the scores attained by students enrolled in kindergarten through third grade on the interim reading assessments administered pursuant to section 22-7-1205; (b) The number and grade levels of students who participated in each of the types of programs or services provided; and (c) The progress made by participating students in achieving reading competency. (3) (a) The department shall annually analyze the information received pursuant to subsection (1) of this section and make the determinations described in subsection (1) of this section. (b) Notwithstanding section 24-1-136 (11)(a)(I), the department shall annually submit to the state board, the governor, the president of the senate, the speaker of the house of representatives, and the education committees of the house of representatives and the senate, or any successor committees, and shall post on the department website a report that summarizes: (I) The information received pursuant to subsection (1) of this section and the determinations made by the department based on the information; (II) The implementation of the early literacy grant program in the preceding budget year, including the number of grants, the local education providers that received grants, and the amount of each grant; and (III) The information received by the department pursuant to subsection (2) of this section. (c) The department may provide the report described in paragraph (b) of this subsection (3) to committees of the general assembly in conjunction with the report required in section 2-7203, C.R.S. Colorado Revised Statutes 2019 Page 225 of 1211 Uncertified Printout (4) The information provided in the report described in this section is intended to assist the department, the state board, the governor, the general assembly, and the public in monitoring the implementation of and identifying the results achieved in implementing this part 12. Source: L. 2012: Entire part added, (HB 12-1238), ch. 180, p. 666, § 2, effective July 1. L. 2017: IP(3)(b) amended, (HB 17-1267), ch. 242, p. 995, § 6, effective August 9. L. 2019: (1)(a.3), (1)(a.5), (1)(a.7), and (1.5) added and (2) amended, (SB 19-199), ch. 154, p. 1839, § 11, effective May 10; IP(2) and (2)(a) amended, (HB 19-1262), ch. 245, p. 2400, § 10, effective May 21. Editor's note: Amendments to subsection (2) by SB 19-199 and HB 19-1262 were harmonized. 22-7-1214. READ plan evaluation working group - created - report - repeal. (1) No later than September 1, 2018, the commissioner of education shall convene a working group to review the creation and use of READ plans, including the extent of parent involvement, by local education providers and to recommend any necessary regulatory or implementation changes, including recommendations concerning the department's level of technical assistance and communication to local education providers, to continue and improve the use and effectiveness of individual READ plans and to reduce unnecessary duplication in processes. Because individual READ plans are critical to effectively implementing this part 12 and achieving the goals specified in section 22-7-1202, the working group shall neither consider nor recommend repealing the requirement for individual READ plans. The commissioner shall ensure that the membership of the working group, at a minimum, represents the interests and perspectives of local education providers, educators, parents, and students throughout the state. To the extent professionals with expertise in evidence-based and scientifically based literacy practices and experts in bilingual literacy are available to assist the working group without compensation, the commissioner may include the experts in the working group. (2) No later than February 1, 2020, the commissioner shall submit to the state board and the education committees of the house of representatives and the senate, or any successor committees, a report of the working group's findings and recommendations. (3) This section is repealed, effective July 1, 2020. Source: L. 2018: Entire section added, (HB 18-1393), ch. 275, p. 1744, § 5, effective May 29. ARTICLE 8 Career Education 22-8-101 to 22-8-108. (Repealed) Source: L. 91: Entire article repealed, p. 883, § 1, effective June 5. Colorado Revised Statutes 2019 Page 226 of 1211 Uncertified Printout Editor's note: This article was added in 1975. For amendments to this article prior to its repeal in 1991, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. ARTICLE 9 Licensed Personnel Evaluations Law reviews: For comment, "Who May Hire Teachers: How Mutual Consent Fits Into the Current Colorado Hiring Framework", see 85 U. Colo. L. Rev. 229 (2014); for article, "Overview of General Liability, Workers' Compensation, and Employment Law Issues in K-12 Educational Institutions", see 44 Colo. Law. 25 (Oct. 2015); for article, "Academic Freedom and Discharge From Public Employment: The Unsettled Debate", see 44 Colo. Law. 57 (Oct. 2015). 22-9-101. Short title. This article shall be known and may be cited as the "Licensed Personnel Performance Evaluation Act". Source: L. 84: Entire article added, p. 585, § 1, effective May 14. L. 2000: Entire section amended, p. 1849, § 41, effective August 2. 22-9-102. Legislative declaration. (1) The general assembly hereby declares that: (a) A system to evaluate the effectiveness of licensed personnel is crucial to improving the quality of education in this state and declares that such a system shall be applicable to all licensed personnel in the school districts and boards of cooperative services throughout the state; and (b) The purposes of the evaluation shall be to: (I) Serve as a basis for the improvement of instruction; (II) Enhance the implementation of programs of curriculum; (III) Serve as a measurement of the professional growth and development of licensed personnel; (IV) Evaluate the level of performance based on the effectiveness of licensed personnel; and (V) Provide a basis for making decisions in the areas of hiring, compensation, promotion, assignment, professional development, earning and retaining nonprobationary status, dismissal, and nonrenewal of contract. (2) The general assembly further declares that a professionally sound and credible system to evaluate the effectiveness of licensed personnel shall be designed with the involvement of licensed personnel and citizens of the school district or board of cooperative services. (3) The general assembly further declares that the involvement and support of parents of children in public schools, acting as partners with teachers and public school administrators, are key to the educational progress of their children. Colorado Revised Statutes 2019 Page 227 of 1211 Uncertified Printout Source: L. 84: Entire article added, p. 585, § 1, effective May 14. L. 92: Entire section amended, p. 471, § 2, effective April 29. L. 2000: Entire section amended, p. 1849, § 42, effective August 2. L. 2010: Entire section amended, (SB 10-191), ch. 241, p. 1053, § 1, effective May 20. 22-9-103. Definitions. As used in this article, unless the context otherwise requires: (1) "Board of cooperative services" shall have the same meaning as provided in section 22-5-103 (2). (1.1) "Council" means the state council for educator effectiveness established pursuant to section 22-9-105.5. (1.4) "Department" means the department of education created pursuant to section 24-1115, C.R.S. (1.5) "Licensed personnel" means any persons employed to instruct students or to administer, direct, or supervise the instructional program in a school in the state who hold a valid license or authorization pursuant to the provisions of article 60.5 of this title. (2) "Local board of education" or "local board" means the board of education of the school district. (2.5) "Performance standards" means the levels of effectiveness established by rule of the state board pursuant to section 22-9-105.5 (10). (2.6) "Principal" means a person who is employed as the chief executive officer or an assistant chief executive officer of a school in the state and who administers, directs, or supervises the education program in the school. (2.7) "Principal development plan" means a written agreement developed by a principal and district administration that outlines the steps to be taken to improve the principal's effectiveness. The principal development plan shall include professional development opportunities. (2.9) "Quality standards" means the elements and criteria established to measure effectiveness as established by rule of the state board pursuant to section 22-9-105.5 (10). (3) "School district" means any school district organized and existing pursuant to law but does not include a local college district. (4) "State board" means the state board of education established by section 1 of article IX of the state constitution. (5) "Teacher" means a person who holds an alternative, initial, or professional teacher license issued pursuant to the provisions of article 60.5 of this title and who is employed by a school district or a charter school in the state to instruct, direct, or supervise an education program. (6) "Teacher development plan" means a written agreement mutually developed by a teacher and his or her principal that outlines the steps to be taken to improve the teacher's effectiveness. The teacher development plan may include but need not be limited to consideration of induction and mentorship programs, use of highly effective teachers as instructional leaders or coaches, and appropriate professional development activities. Source: L. 84: Entire article added, p. 585, § 1, effective May 14. L. 92: (1) amended and (1.5) added, p. 471, § 3, effective April 29. L. 2000: (1.5) amended, p. 1849, § 43, effective Colorado Revised Statutes 2019 Page 228 of 1211 Uncertified Printout August 2. L. 2010: (1.1), (1.4), (2.5), (2.6), (2.7), (2.9), (5), and (6) added, (SB 10-191), ch. 241, p. 1054, § 2, effective May 20. Editor's note: Subsections (2.7), (2.9), (5), and (6) were numbered as subsections (3.5), (2.7), (6), and (5), respectively, in SB 10-191 but were renumbered on revision to place the definitions in alphabetical order. 22-9-104. State board - powers and duties - rules. (1) The state board shall promulgate guidelines relating to the planning, development, implementation, and assessment of a licensed personnel performance evaluation system that may be followed by each school district and board of cooperative services within the state. In promulgating said guidelines, the state board shall allow each school district and board of cooperative services to involve and consult with the licensed personnel and citizens of the school district or districts. Each school district and board of cooperative services shall have the flexibility needed to develop a system of personnel performance evaluation that is specifically designed to meet the individual needs of that school district and board of cooperative services. (2) The state board shall: (a) Provide training and leadership and give technical assistance to school districts and boards of cooperative services in the development of a licensed personnel performance evaluation system; (b) Work and cooperate with the state's universities and colleges that have teacher, principal, or administrator education programs to assure that principals and administrators having evaluation responsibilities will receive adequate education and training that meets the requirements specified in section 22-9-108 and will enable them to make thorough, credible, fair, and professional quality evaluations of all licensed personnel whom those principals or administrators may be responsible for evaluating; (c) Pursuant to section 22-9-105.5, work with the council to promulgate rules concerning the planning, development, implementation, and assessment of a system to evaluate the effectiveness of licensed personnel; (d) Repealed. (e) (Deleted by amendment, L. 2009, (SB 09-163), ch. 293, p. 1532, § 17, effective May 21, 2009.) (f) (I) On or before September 1, 2011, the state board, pursuant to the "State Administrative Procedure Act", article 4 of title 24, C.R.S., shall promulgate rules with regard to the issues specified in section 22-9-105.5 (10) using the recommendations from the council. If the council fails to make recommendations to the state board by March 1, 2011, with regard to one or more of the issues specified in section 22-9-105.5 (10), the state board, on or before September 1, 2011, shall promulgate rules concerning any issues in section 22-9-105.5 (10) that the council did not address. In promulgating rules pursuant to this paragraph (f), the state board shall conform to the timeline set forth in section 22-9-105.5. (II) On or before February 15, 2012, the general assembly shall review the rules promulgated pursuant to subparagraph (I) of this paragraph (f), in a bill that is separate from the annual rule review bill introduced pursuant to section 24-4-103 (8)(d), C.R.S., and in accordance with the criteria and procedures specified in section 24-4-103 (8)(a) and (8)(d), C.R.S.; except that the general assembly reserves the right to repeal individual rules in the rules promulgated by Colorado Revised Statutes 2019 Page 229 of 1211 Uncertified Printout the state board. If one or more rules are not approved by the general assembly pursuant to this subparagraph (II), the state board shall promulgate emergency rules pursuant to section 24-4-103 (6), C.R.S., on such issue or issues and resubmit to the general assembly on or before May 1, 2012. The general assembly shall review the emergency rules promulgated according to the process outlined in this subparagraph (II). Source: L. 84: Entire article added, p. 586, § 1, effective May 14. L. 92: (1), (2)(a), and (2)(d) amended, p. 472, § 4, effective April 29. L. 98: (2)(b) amended, p. 285, § 3, effective July 1. L. 2000: (1), (2)(a), (2)(b), and (2)(c) amended, p. 1850, § 44, effective August 2. L. 2004: (2)(d) amended, p. 1285, § 15, effective May 28. L. 2009: (2)(c), (2)(d), and (2)(e) amended, (SB 09-163), ch. 293, p. 1532, § 17, effective May 21. L. 2010: (2)(c) and (2)(d) amended and (2)(f) added, (SB 10-191), ch. 241, p. 1055, § 3, effective May 20. L. 2013: (2)(d) repealed, (HB 13-1257), ch. 237, p. 1153, § 2, effective May 17. 22-9-105. State licensed personnel performance evaluation council created - duties. (Repealed) Source: L. 84: Entire article added, p. 586, § 1, effective May 14. L. 86: (3) amended and (4) added, p. 411, § 16, effective March 26. L. 90: (3)(a)(II), (3)(b), and (4) repealed, p. 1099, § 64, effective May 31. L. 92: (3)(a)(I) amended, p. 472, § 5, effective April 29. L. 2000: (1), (2), and (3)(a)(I) amended, p. 1850, § 45, effective August 2. L. 2010: Entire section repealed, (SB 10-191), ch. 241, p. 1056, § 4, effective May 20. 22-9-105.5. State council for educator effectiveness - legislative declaration membership - duties - recommendations - rules. (1) The general assembly hereby finds and declares that: (a) On January 13, 2010, the governor established by executive order the governor's council for educator effectiveness; (b) The executive order charged the council with, among other duties, considering options and providing recommendations concerning educator effectiveness and developing recommendations for definitions of principal and teacher effectiveness; and (c) The general assembly further finds and declares that it is in the best interests of the people of the state of Colorado to codify in statute the governor's council for educator effectiveness because of the significant additional statutory duties and responsibilities that the general assembly is assigning to said council. (2) (a) There is hereby created in the office of the governor the state council for educator effectiveness, referred to in this article as the "council". (b) The members of the governor's council for educator effectiveness, created by executive order B 2010-001, shall serve on the council, as appointed by the governor, and shall include: (I) The commissioner of education, or his or her designee; (II) The executive director of the department of higher education, or his or her designee; (III) Four teachers, selected with the advice of state associations that represent educators; Colorado Revised Statutes 2019 Page 230 of 1211 Uncertified Printout (IV) Two public school administrators and one local school district superintendent, each selected with the advice of a state association that represents school executives; (V) Two members of local school boards, selected with the advice of a state association that represents school boards; (VI) One charter school administrator or teacher, selected with the advice of a state advocacy group for charter schools; (VII) One parent of a public school student, selected with the advice of a state parent and teachers association; (VIII) A current student or recent graduate of a Colorado public school, selected with the advice of a statewide student coalition; and (IX) One at-large member with expertise in education policy. (c) The purpose of the council shall be the same as that of the governor's council for educator effectiveness established by executive order, and shall be to consider options and make recommendations to the state board and the general assembly that seek to ensure that all licensed personnel are: (I) Evaluated using multiple fair, transparent, timely, rigorous, and valid methods, at least fifty percent of which evaluation is determined by the academic growth of their students; (II) Afforded a meaningful opportunity to improve their effectiveness; and (III) Provided the means to share effective practices with other educators throughout the state. (3) The council shall have the following duties: (a) On or before March 1, 2011, to provide the state board with recommendations that will ensure that every teacher is evaluated using multiple fair, transparent, timely, rigorous, and valid methods. The recommendations developed pursuant to this paragraph (a) shall require that at least fifty percent of the evaluation is determined by the academic growth of the teacher's students and that each teacher is provided with an opportunity to improve his or her effectiveness through a teacher development plan that links his or her evaluation and performance standards to professional development opportunities. The quality standards for teachers shall include measures of student longitudinal academic growth that are consistent with the measures set forth in section 22-11-204 (2) and may include interim assessment results or evidence of student work, provided that all are rigorous and comparable across classrooms and aligned with state model content standards and performance standards developed pursuant to article 7 of this title. For the purposes of quality standards, expectations of student academic growth shall take into consideration diverse factors, including but not limited to special education, student mobility, and classrooms with a student population in which ninety-five percent meet the definition of high-risk student as defined in section 22-7-604.5 (1.5). The quality standards for teachers shall be clear and relevant to the teacher's roles and responsibilities and shall have the goal of improving student academic growth. The council shall include in its recommendations a definition of effectiveness and its relation to quality standards. The definition of effectiveness shall include, but need not be limited to, criteria that will be used to differentiate between performance standards. The defined performance standards shall include, but need not be limited to, "highly effective", "effective", and "ineffective". The council shall consider whether additional performance standards should be established. (a.5) On or before March 1, 2011, to provide the state board with recommendations that will ensure that every principal is evaluated using multiple fair, transparent, timely, rigorous, and Colorado Revised Statutes 2019 Page 231 of 1211 Uncertified Printout valid methods. The recommendations pursuant to this paragraph (a.5) shall require that every principal is provided with a principal development plan. In making its recommendations, the council shall recognize that not all teachers and principals require the same amount of supervision and evaluation. As part of its recommendations to the state board, the council shall develop a process to enable a local school district to differentiate teacher and principal evaluations as part of its performance evaluation system. (b) On or before March 1, 2011, to provide the state board with recommendations concerning the implementation and testing of the new performance evaluation system that is based on quality standards and with recommendations for the subsequent statewide implementation of the new performance evaluation system. The recommendations made pursuant to this paragraph (b) shall conform to the timeline set forth in subsection (10) of this section. (b.5) On or before March 1, 2011, to make recommendations to the state board concerning the involvement and support of parents of children in public schools, to the effect that parents should act as partners with teachers and public school administrators; (c) On or before March 1, 2011, to provide the state board with recommendations that will ensure development of a set of guidelines for establishing performance standards for each category of licensed personnel to be evaluated pursuant to this article. The guidelines shall outline criteria to be applied in assigning educators to appropriate performance standards, which shall include measures of student longitudinal academic growth. (d) On or before March 1, 2011, to develop and recommend to the state board statewide definitions of principal effectiveness and teacher effectiveness, each of which shall be centered on an educator's demonstrated ability to achieve and sustain adequate student growth and shall include a set of professional skills and competencies related to improved student outcomes; (e) On or before March 1, 2011, to develop and recommend to the state board guidelines for adequate implementation of a high-quality educator evaluation system that shall address, at a minimum, the following issues: (I) Ongoing training on the use of the system that is sufficient to ensure that all evaluators and educators have a full understanding of the evaluation system and its implementation. The training may include such activities as conducting joint training sessions for evaluators and educators. (II) Evaluation results that are normed to ensure consistency and fairness; (III) Evaluation rubrics and tools that are deemed fair, transparent, rigorous, and valid; (IV) Evaluations that are conducted using sufficient time and frequency, at least annually, to gather sufficient data upon which to base the ratings contained in an evaluation; (V) Provision of adequate training and collaborative time to ensure that educators fully understand and have the resources to respond to student academic growth data; (VI) Student data that is monitored at least annually to ensure the correlation between student academic growth and outcomes with educator effectiveness ratings; and (VII) A process by which a nonprobationary teacher may appeal his or her second consecutive performance rating of ineffective and submit such process by the first day of convening of the first regular session of the sixty-ninth general assembly to the education committees of the house of representatives and the senate, or any successor committees. Colorado Revised Statutes 2019 Page 232 of 1211 Uncertified Printout (f) On or before March 1, 2011, to adopt and recommend to the state board a rubric for identifying multiple additional quality standards, in addition to student academic growth, that are rigorous, transparent, valid, and fair; (g) On or before March 1, 2011, to make recommendations to the state board for policy changes, as appropriate, that will support local school districts' use of evaluation data for decisions in areas such as compensation, promotion, retention, removal, and professional development; (h) On or before March 1, 2011, to make recommendations to the state board for policy changes, as appropriate, that will ensure that the standards and criteria applicable to teacher and principal licensure and the accreditation of preparation programs are directly aligned with and support the preparation and licensure of effective educators; (i) On or before July 1, 2013, and July 1 each year thereafter during the implementation of the performance evaluation system, the department shall report to the council the results of the implementation and testing of the performance evaluation system. Based on the results of the reports, the council may make additional recommendations to be incorporated in the following stage of implementation. (j) The council shall develop an implementation plan for its recommendations and will identify tasks and the associated costs at the state and district levels. The recommendations shall include an implementation cost analysis, including assessment changes, assessment pilot study, staff training, research, data review, and any other tasks included in the council's recommendations. It is incumbent on the council to consult with the department and expert practitioners familiar with school finance and to report by March 1, 2011, on the costs to implement the council's recommendations. (3.5) The recommendations made by the council to the state board pursuant to this section shall reflect a consensus vote. For any issue that the council was unable to reach a consensus, the council shall provide to the state board the reasons it was unable to reach a consensus. (4) The council's recommendations shall consist, at a minimum, of recommendations that are applicable to school principals and teachers. (5) The council's recommendations may include changes to existing statutes or rules, if appropriate, as well as recommendations for local implementation. (6) In making its recommendations, the council shall include the effect of district- and school-level conditions, as measured by the nine performance standards set forth in the comprehensive appraisal for the district improvement rubric and biannual teaching, empowering, leading, and learning initiative survey of school working conditions, as well as any additional methods of assessing such conditions identified by the council as valid, transparent, and reliable. (7) The council may establish working groups, task forces, or other structures from within its membership or outside its membership as needed to address specific issues or to assist in its work. (8) All recommendations made by the council pursuant to this section shall reflect a consensus of its members. (9) Unless otherwise provided for, the office of the governor and the department shall provide the council with the support, information, data, analytical information, and administrative support necessary to do its work. Colorado Revised Statutes 2019 Page 233 of 1211 Uncertified Printout (10) (a) On or before September 1, 2011, the state board shall promulgate rules with regard to the issues specified in paragraphs (a) to (h) of subsection (3) of this section, using the recommendations from the council. If the council fails to make recommendations to the state board by March 1, 2011, with regard to the issues specified in paragraphs (a) to (h) of subsection (3) of this section, the state board shall, on or before September 1, 2011, promulgate rules concerning any issues in said paragraphs (a) to (h) that the council did not address. In promulgating rules pursuant to this subsection (10), the state board shall conform to the following timeline: (I) Beginning with the 2011-12 school year, the department shall work with school districts and boards of cooperative services to assist with the development of performance evaluation systems that are based on quality standards. (II) On or before January 15, 2012, the state board shall provide to the general assembly the rules promulgated pursuant to this subsection (10). On or before February 15, 2012, the general assembly shall review and approve such rules as provided for in paragraph (b) of this subsection (10). (III) Beginning with the 2012-13 school year, if the general assembly approves the rules promulgated pursuant to this subsection (10), the new performance evaluation system that is based on quality standards shall be implemented and tested as recommended by the council pursuant to paragraph (b) of subsection (3) of this section. (IV) (A) Beginning with the 2013-14 school year, if the general assembly approves the rules promulgated pursuant to this subsection (10), and based on the results of the first level of implementation in the 2012-13 school year, the new performance evaluation system that is based on quality standards shall be implemented statewide in a manner as recommended by the council pursuant to paragraph (b) of subsection (3) of this section. (B) During the 2013-14 school year, teachers shall be evaluated based on quality standards. Demonstrated effectiveness or ineffectiveness shall begin to be considered in the acquisition of probationary or nonprobationary status. (V) (A) Beginning with the 2014-15 school year, if the general assembly approves the rules promulgated pursuant to this subsection (10), and based on the results of the first and second levels of implementation in the 2012-13 and 2013-14 school years, the new performance evaluation system that is based on quality standards shall be finalized on a statewide basis. (B) During the 2014-15 school year, teachers shall continue to be evaluated based on quality standards. Demonstrated effectiveness or ineffectiveness shall be considered in the acquisition or loss of probationary or nonprobationary status. (b) On or before February 15, 2012, the general assembly shall review the rules promulgated pursuant to paragraph (a) of this subsection (10) in a bill that is separate from the annual rule review bill introduced pursuant to section 24-4-103 (8)(d), C.R.S., and in accordance with the criteria and procedures specified in section 24-4-103 (8)(a) and (8)(d), C.R.S.; except that the general assembly reserves the right to repeal individual rules contained in the rules promulgated by the state board. If one or more rules is not approved by the general assembly pursuant to this paragraph (b), the state board shall promulgate emergency rules pursuant to section 24-4-103 (6), C.R.S., on such issue or issues and resubmit to the general assembly on or before May 1, 2012. The general assembly shall review the emergency rules promulgated according to the process outlined in this paragraph (b). Colorado Revised Statutes 2019 Page 234 of 1211 Uncertified Printout (11) On or before November 1, 2011, the department shall create and make available to school districts and boards of cooperative services a resource bank that identifies assessments, processes, tools, and policies that a school district or board of cooperative services may use to develop an evaluation system that addresses the provisions of this section. The department shall include resources that are appropriate to school districts and boards of cooperative services of different sizes, demographics, and locations. The department shall update the resource bank at least annually to reflect new research and ongoing experience in Colorado. (12) The department shall not be obligated to implement the provisions of this section until sufficient funds have been received and credited to the great teachers and leaders fund, created in section 22-9-105.7. The department is hereby authorized to hire any employees necessary to carry out the provisions of this section. Any new positions created pursuant to this section shall be subject to the availability of funding and shall be eliminated at such time as moneys are no longer available in the great teachers and leaders fund. All position descriptions and notice to hire for positions created pursuant to this section shall clearly state that such position is subject to available funding. Source: L. 2010: Entire section added, (SB 10-191), ch. 241, p. 1056, § 5, effective May 20. 22-9-105.7. Great teachers and leaders fund - created - gifts, grants, and donations legislative declaration. (1) The department is authorized to seek, accept, and expend gifts, grants, and donations for the implementation of section 22-9-105.5; except that the department may not accept a gift, grant, or donation that is subject to conditions that are inconsistent with this or any law of the state. The department shall transmit all moneys received to the state treasurer, who shall credit the same to the great teachers and leaders fund, which fund is hereby created and referred to in this section as the "fund". Moneys in the fund are continuously appropriated to the department for the direct and indirect costs associated with implementing section 22-9-105.5. (2) Any moneys in the fund not expended for the purposes of section 22-9-105.5 may be invested by the state treasurer, as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund. (3) The general assembly hereby finds and declares that, for the purposes of section 17 of article IX of the state constitution, the implementation of the state council for educator effectiveness is a program for accountable education reform and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution. (4) Nothing in this section shall be interpreted to require the department to solicit gifts, grants, or donations for the fund. Source: L. 2010: Entire section added, (SB 10-191), ch. 241, p. 1063, § 6, effective May 20. L. 2012: (1) amended, (HB 12-1240), ch. 258, p. 1310, § 6, effective June 4. L. 2013: (3) amended, (SB 13-260), ch. 236, p. 1142, § 8, effective May 17. L. 2015: (3) amended, (SB 15264), ch. 259, p. 954, § 48, effective August 5. Colorado Revised Statutes 2019 Page 235 of 1211 Uncertified Printout 22-9-106. Local boards of education - duties - performance evaluation system compliance - rules. (1) All school districts and boards of cooperative services that employ licensed personnel, as defined in section 22-9-103 (1.5), shall adopt a written system to evaluate the employment performance of school district and board of cooperative services licensed personnel, including all teachers, principals, and administrators, with the exception of licensed personnel employed by a board of cooperative services for a period of six weeks or less. In developing the licensed personnel performance evaluation system and any amendments thereto, the local board and board of cooperative services shall comply with the provisions of subsection (1.5) of this section and shall consult with administrators, principals, and teachers employed within the district or participating districts in a board of cooperative services, parents, and the school district licensed personnel performance evaluation council or the board of cooperative services personnel performance evaluation council created pursuant to section 22-9-107. The performance evaluation system shall address all of the performance standards established by rule of the state board and adopted by the general assembly pursuant to section 22-9-105.5, and shall contain, but need not be limited to, the following information: (a) The title or position of the evaluator for each licensed personnel position to be evaluated; (b) The licensed personnel positions to be evaluated, which shall include all licensed personnel, all part-time teachers as defined in section 22-63-103 (6), and all administrators and principals; (c) The frequency and duration of the evaluations, which shall be on a regular basis and of such frequency and duration as to ensure the collection of a sufficient amount of data from which reliable conclusions and findings may be drawn. At a minimum, the performance evaluation system shall ensure that: (I) Probationary teachers receive at least two documented observations and one evaluation that results in a written evaluation report pursuant to subsection (3) of this section each academic year. Probationary teachers shall receive the written evaluation report at least two weeks before the last class day of the school year. (II) Nonprobationary teachers receive at least one observation each year and one evaluation that results in a written evaluation report pursuant to subsection (3) of this section every three years; except that, beginning with the 2012-13 academic year, nonprobationary teachers shall receive a written evaluation report pursuant to subsection (3) of this section each academic year according to the performance standards established by rule of the state board and adopted by the general assembly pursuant to section 22-9-105.5. Nonprobationary teachers shall receive the written evaluation report at least two weeks before the last class day of the school year. (III) Principals shall receive one evaluation that results in a written evaluation report pursuant to subsection (3) of this section each academic year according to the performance standards established by rule of the state board and adopted by the general assembly pursuant to section 22-9-105.5. (IV) (Deleted by amendment, L. 2010, (SB 10-191), ch. 241, p. 1063, § 7, effective May 20, 2010.) (d) The purposes of the evaluation, which shall include but need not be limited to: (I) Providing a basis for the improvement of instruction; (II) Enhancing the implementation of programs of curriculum; Colorado Revised Statutes 2019 Page 236 of 1211 Uncertified Printout (III) Providing the measurement of satisfactory performance for individual licensed personnel and serving as documentation for an unsatisfactory performance dismissal proceeding under article 63 of this title; (IV) Serving as a measurement of the professional growth and development of licensed personnel; and (V) (A) Repealed. (B) Measuring the level of effectiveness of all licensed personnel within the school district. This sub-subparagraph (B) shall take effect at such time as the performance evaluation system based on quality standards established pursuant to this section and the rules promulgated by the state board pursuant to section 22-9-105.5 has completed the initial phase of implementation and has been implemented statewide. The commissioner shall provide notice of such implementation to the revisor of statutes on or before July 1, 2014, and each July 1 thereafter until statewide implementation occurs. (e) (I) Repealed. (II) The standards set by the local board for effective performance for licensed personnel and the criteria to be used to determine whether the performance of each licensed person meets such standards and other criteria for evaluation for each licensed personnel position evaluated. One of the standards for measuring teacher effectiveness shall be directly related to classroom instruction and shall require that at least fifty percent of the evaluation is determined by the academic growth of the teacher's students. The district accountability committee shall provide input and recommendations concerning the assessment tools used to measure student academic growth as it relates to teacher evaluations. The standards shall include multiple measures of student performance in conjunction with student growth expectations. For the purposes of measuring effectiveness, expectations of student academic growth shall take into consideration diverse factors, including but not limited to special education, student mobility, and classrooms with a student population in which ninety-five percent meet the definition of high-risk student as defined in section 22-7-604.5 (1.5). The performance evaluation system shall also ensure that the standards and criteria are available in writing to all licensed personnel and are communicated and discussed by the person being evaluated and the evaluator prior to and during the course of the evaluation. This subparagraph (II) shall take effect at such time as the performance evaluation system based on quality standards established pursuant to this section and the rules promulgated by the state board pursuant to section 22-9-105.5 has completed the initial phase of implementation and has been implemented statewide. The commissioner shall provide notice of such implementation to the revisor of statutes on or before July 1, 2014, and each July 1 thereafter until statewide implementation occurs. (f) The methods of evaluation, which shall include, but shall not be limited to, direct observations by the evaluator and a process of systematic data-gathering. (1.5) (a) A local board or board of cooperative services may adopt the state model performance evaluation system established by the rules promulgated by the state board pursuant to section 22-9-105.5 or may develop its own local licensed personnel evaluation system that complies with the requirements established pursuant to this section and the rules promulgated by the state board. If a school district or board of cooperative services develops its own local licensed personnel evaluation system, the local board or board of cooperative services or any interested party may submit to the department, or the department may solicit and collect, data related to said personnel evaluation system for review by the department. Colorado Revised Statutes 2019 Page 237 of 1211 Uncertified Printout (b) The department shall monitor school districts' and boards of cooperative services' implementation of the requirements for local licensed personnel evaluation systems. If, upon initial review by the department, the data submitted or collected pursuant to paragraph (a) of this subsection (1.5) indicates that a school district or board of cooperative services is unable to implement a local licensed personnel evaluation system that meets the objectives of this article, the department shall conduct a more thorough review of the school district's or board of cooperative services' processes and procedures for said evaluation system to ensure that it is professionally sound; results in fair, adequate, and credible evaluations; satisfies the quality standards established by rule of the state board in a manner that is appropriate to the size, demographics, and location of the local board or board of cooperative services; and is consistent with the goals, objectives, and intent of this article. (c) (I) Pursuant to section 22-11-206 (4)(b), if the department has reason to believe that a local licensed personnel evaluation system developed by a local board or board of cooperative services is not in substantial compliance with one or more of the applicable statutory or regulatory requirements of this article, the department shall notify the local board or board of cooperative services that it has ninety days after the date of the notice to bring its local licensed personnel evaluation system into compliance. The department shall work collaboratively with the school district or board of cooperative services during the ninety-day period to bring the local licensed personnel evaluation system into compliance with the applicable statutory or regulatory requirements. (II) If, at the end of the ninety-day period, the department finds that the local licensed personnel evaluation system is not substantially in compliance with the applicable statutory or regulatory requirements, the department shall determine the appropriate remedies to correct the identified areas of noncompliance, including but not limited to: (A) Extending the time frame for compliance; (B) Imposing interventions specified in article 11 of this title; or (C) As a last resort, requiring the school district or board of cooperative services to implement some or all of the state model system. A school district or board of cooperative services shall only be required to implement those aspects of the state model system that are deemed necessary to bring the local licensed personnel evaluation system into compliance. (III) If the department determines that the noncompliance is substantial enough to call into question the validity of the educator evaluation ratings, the department may take appropriate action that may include invalidating the school district's or board of cooperative services' educator ratings for the evaluation cycles in question. If the department determines that the noncompliance requires invalidating the school district's or board of cooperative services' educator ratings: (A) A teacher who received a rating of effective or highly effective shall retain that rating; and (B) A teacher who received a rating of partially effective or ineffective shall receive a "no score" rating for the year in question. However, if in the following academic year, the department determines that the school district's or board of cooperative services' local licensed personnel evaluation system is compliant with the requirements of this article and the teacher receives a performance evaluation rating of ineffective or partially effective, this rating shall have the consequence of a second consecutive ineffective rating. Colorado Revised Statutes 2019 Page 238 of 1211 Uncertified Printout (d) The general assembly finds that, for purposes of section 17 of article IX of the state constitution, the review of local licensed personnel evaluation systems as provided for in this subsection (1.5) is an important component of an accountable program to meet state academic standards and, therefore, may be funded from moneys in the state education fund created in section 17 (4) of article IX of the state constitution. (2) In implementing such evaluation system and procedures, the school district or board of cooperative services shall conduct all evaluations so as to observe the legal and constitutional rights of licensed personnel, and no evaluation information shall be gathered by electronic devices without the consent of the licensed personnel. No informality in any evaluation or in the manner of making or recording any evaluation shall invalidate such evaluation. (2.5) (a) Repealed. (b) (I) The council shall actively participate with the local board in developing written standards for evaluation that clearly specify performance standards and the quality standards and the criteria to be used to determine whether the performance of each licensed person meets such standards pursuant to paragraph (e) of subsection (1) of this section. Except as provided in subparagraph (II) of this paragraph (b), this paragraph (b) takes effect at such time as the performance evaluation system based on quality standards established pursuant to this section and the rules promulgated by the state board pursuant to section 22-9-105.5 has completed the initial phase of implementation and has been implemented statewide. The commissioner shall provide notice of such implementation to the revisor of statutes on or before July 1, 2014, and each July 1 thereafter until statewide implementation occurs. (II) Repealed. (c) Notwithstanding any provision of paragraph (e) of subsection (1) of this section or subsection (7) of this section to the contrary: (I) A local board may use the results of the state assessments administered pursuant to section 22-7-1006.3 in the 2014-15 school year only as baseline data for measuring student academic growth in the 2015-16 school year and school years thereafter; and (II) A local board may use the results of state assessments administered pursuant to section 22-7-1006.3 as a measure of student academic growth for evaluations prepared for the school year in which the assessments are administered only if the local board receives the results by the date by which probationary teachers and nonprobationary teachers must receive the written evaluation report as provided in paragraph (c) of subsection (1) of this section. If a local board does not receive the results of state assessments in time to use them in the written evaluation report prepared for the school year in which the assessments are administered, the local board shall use the results of the state assessments as measures of student academic growth for educator evaluations and professional development in the school year following the school year in which the assessments are administered. In any year in which a local board does not receive the state assessment results by the deadline for the written evaluation reports, the local board must use alternate measures of student academic growth, including the results of local assessments if available. (3) An evaluation report shall be issued upon the completion of an evaluation made pursuant to this section and shall: (a) Be in writing; (b) Contain a written improvement plan, that shall be specific as to what improvements, if any, are needed in the performance of the licensed personnel and shall clearly set forth Colorado Revised Statutes 2019 Page 239 of 1211 Uncertified Printout recommendations for improvements, including recommendations for additional education and training during the teacher's or the principal's license renewal process; (c) Be specific as to the strengths and weaknesses in the performance of the individual being evaluated; (d) Specifically identify when a direct observation was made; (e) Identify data sources; (f) Be discussed and be signed by the evaluator and the person being evaluated, each to receive a copy of the report. The signature on the report of any person shall not be construed to indicate agreement with the information contained in the report. If the person being evaluated disagrees with any of the conclusions or recommendations made in the evaluation report, the person may attach any written explanation or other relevant documentation that the person deems necessary. (g) Be reviewed by a supervisor of the evaluator, whose signature shall also appear on said report. (3.2) (a) In addition to the items specified in subsection (3) of this section, the evaluation of a teacher may include any peer, parent, or student input obtained from standardized surveys. (b) In addition to the items specified in subsection (3) of this section, each principal's evaluation shall include input from the teachers employed in the principal's school and may include input from the students enrolled in the school and their parents. Each school district shall specify the manner in which input from teachers and from students and parents, if any, is collected but shall ensure that the information collected remains anonymous and confidential. (3.3) Each principal or administrator who is responsible for evaluating licensed personnel shall keep records and documentation for each evaluation conducted. Each principal and administrator who is responsible for evaluating licensed personnel shall be evaluated as to how well he or she complies with this section and with the school district's evaluation system. (3.5) (a) Repealed. (b) (I) A teacher or principal whose performance is deemed to be ineffective pursuant to paragraph (e) of subsection (1) of this section shall receive written notice that his or her performance evaluation shows a rating of ineffective, a copy of the documentation relied upon in measuring his or her performance, and identification of deficiencies. (II) Repealed. (III) This paragraph (b) shall take effect at such time as the performance evaluation system based on quality standards established pursuant to this section and the rules promulgated by the state board pursuant to section 22-9-105.5 has completed the initial phase of implementation and has been implemented statewide. The commissioner shall provide notice of such implementation to the revisor of statutes on or before July 1, 2014, and each July 1 thereafter until statewide implementation occurs. (IV) Repealed. (4) (a) Except as provided in paragraph (b) of this subsection (4), no person shall be responsible for the evaluation of licensed personnel unless the person has a principal or administrator license issued pursuant to article 60.5 of this title or is a designee of a person with a principal or administrator license and has received education and training in evaluation skills approved by the department of education that will enable him or her to make fair, professional, and credible evaluations of the personnel whom he or she is responsible for evaluating. No person shall be issued a principal or administrator license or have a principal or administrator Colorado Revised Statutes 2019 Page 240 of 1211 Uncertified Printout license renewed unless the state board determines that such person has received education and training approved by the department of education. (b) A local board of education shall have the authority to evaluate the performance of the superintendent of the school district. The responsibility for conducting the performance evaluation of the superintendent shall rest exclusively with the local board of education. (4.3) Notwithstanding any provision of this section to the contrary, a person who is employed in multiple roles simultaneously may receive a single evaluation that takes into account the person's performance of his or her responsibilities in each role. The person's supervisor shall conduct the evaluation or, if the person is employed as a school district superintendent, the local board of education shall conduct the person's evaluation. (4.5) (a) Repealed. (b) Any person whose performance evaluation includes a remediation plan shall be given an opportunity to improve his or her effectiveness through the implementation of the plan. If the next performance evaluation shows that the person is performing effectively, no further action shall be taken concerning the original performance evaluation. If the evaluation shows the person is still not performing effectively, he or she shall receive written notice that his or her performance evaluation shows a rating of ineffective, a copy of the documentation relied upon in measuring the person's performance, and identification of deficiencies. Each school district shall ensure that a nonprobationary teacher who objects to a rating of ineffectiveness has an opportunity to appeal that rating, in accordance with a fair and transparent process developed, where applicable, through collective bargaining. At a minimum, the appeal process provided shall allow a nonprobationary teacher to appeal the rating of ineffectiveness to the superintendent of the school district and shall place the burden upon the nonprobationary teacher to demonstrate that a rating of effectiveness was appropriate. The appeal process shall take no longer than ninety days, and the nonprobationary teacher shall not be subject to a possible loss of nonprobationary status until after a final determination regarding the rating of ineffectiveness is made. For a person who receives a performance rating of ineffective, the evaluator shall either make additional recommendations for improvement or may recommend the dismissal of the person, which dismissal shall be in accordance with the provisions of article 63 of this title if the person is a teacher. This paragraph (b) shall take effect at such time as the performance evaluation system based on quality standards established pursuant to this section and the rules promulgated by the state board pursuant to section 22-9-105.5 has completed the initial phase of implementation and has been implemented statewide. The commissioner shall provide notice of such implementation to the revisor of statutes on or before July 1, 2014, and each July 1 thereafter until statewide implementation occurs. (5) The school district or board of cooperative services licensed personnel performance evaluation system, processes, and procedures must be in accord with the rules adopted by the state board. The system shall be developed after consultation with the school district or board of cooperative services licensed personnel performance evaluation council created pursuant to section 22-9-107 with regard to the planning, development, adoption, and implementation of such system, and said council shall conduct a continuous evaluation of said system. (6) Pursuant to subsection (1.5) of this section, the department shall approve any school district's or board of cooperative services' local licensed personnel performance evaluation system and related processes and procedures to determine whether such system, processes, and procedures are consistent with this article. Colorado Revised Statutes 2019 Page 241 of 1211 Uncertified Printout (7) Every principal shall be evaluated using multiple fair, transparent, timely, rigorous, and valid methods. The recommendations developed pursuant to this subsection (7) shall require that at least fifty percent of the evaluation is determined by the academic growth of the students enrolled in the principal's school. For principals, the quality standards shall include, but need not be limited to: (a) Achievement and academic growth for those students enrolled in the principal's school, as measured by the Colorado growth model set forth in section 22-11-202; (b) The number and percentage of licensed personnel in the principal's school who are rated as effective or highly effective; and (c) The number and percentage of licensed personnel in the principal's school who are rated as ineffective but are improving in effectiveness. (8) On or before August 1, 2014, each local board of education shall develop, in collaboration with a local teachers association or, if none exists, with teachers from the district, an incentive system, the purpose of which shall be to encourage effective teachers in highperforming schools to move to jobs in schools that have low performance ratings. Source: L. 84: Entire article added, p. 587, § 1, effective May 14. L. 90: IP(1), (1)(b) to (1)(e), (3)(b), and (4) amended and (2.5), (3.5), and (4.5) added, p. 1128, § 3, effective May 31; (4.5) amended, p. 1846, § 38, effective July 1. L. 92: IP(1), (1)(d), (2), (2.5), (3.5), (5), and (6) amended, p. 472, § 6, effective April 29. L. 98: (1), (2.5), (3), (4), and (4.5) amended and (3.2) and (3.3) added, p. 286, §§ 4, 5, effective July 1. L. 2000: IP(1), (1)(a), (1)(b), (1)(d)(III), (1)(d)(IV), (1)(d)(V), (1)(e), (2), (2.5), (3)(b), (3.3), (4), and (5) amended, p. 1851, § 46, effective August 2. L. 2001: (4) amended, p. 52, § 1, effective August 8. L. 2004: (6) amended, p. 1285, § 16, effective May 28. L. 2006: (1)(c), (3)(b), (3.2), (3.5), and (4.5) amended, p. 1241, § 6, effective May 26. L. 2010: IP(1), (1)(c), (1)(d)(V), (1)(e), (2.5), (3.3), (3.5), (4)(a), and (4.5) amended and (7) and (8) added, (SB 10-191), ch. 241, p. 1063, § 7, effective May 20. L. 2013: IP(1), (5), and (6) amended and (1.5) added, (HB 13-1257), ch. 237, p. 1151, § 1, effective May 17. L. 2014: (2.5)(b) amended, (SB 14-165), ch. 161, p. 569, § 1, effective May 9. L. 2015: (2.5)(b)(II)(A) amended and (2.5)(c) added, (HB 15-1323), ch. 204, p. 717, § 10, effective May 20; (4.3) added, (HB 15-1321), ch. 217, p. 799, § 8, effective May 22. L. 2016: (3.5)(b)(IV) repealed, (SB 16-189), ch. 210, p. 762, § 35, effective June 6. Editor's note: (1) (a) The revisor of statutes received the notices referred to in former subsections (1)(d)(V)(A), (1)(e)(I), (2.5)(a), (3.5)(a), and (4.5)(a) that caused the repeal of those provisions, effective June 27, 2013. (b) The revisor of statutes received the notices referred to in subsections (1)(d)(V)(B), (1)(e)(II), (2.5)(b), (3.5)(b), and (4.5)(b) that allowed those provisions to become effective June 27, 2013. (2) Subsection (3.5)(b)(IV) provided for the repeal of subsection (3.5)(b)(II), effective February 15, 2013. (See L. 2010, p. 1063.) (3) (a) Subsection (2.5)(b)(II)(B) provided for the repeal of subsection (2.5)(b)(II), effective July 1, 2015. (See L. 2014, p. 569.) (b) Subsection (2.5)(b)(II)(A) was amended in HB 15-1323. Those amendments were superseded by the repeal of subsection (2.5)(b)(II), effective July 1, 2015. For the amendments Colorado Revised Statutes 2019 Page 242 of 1211 Uncertified Printout to subsection (2.5)(b)(II)(A) in effect from May 20, 2015, to July 1, 2015, see chapter 204, Session Laws of Colorado 2015. (See. L. 2015, p. 717.) 22-9-107. School district personnel performance evaluation councils - duties. (1) Every school district and board of cooperative services in the state subject to the provisions of this article shall have an advisory school district personnel performance evaluation council or advisory board of cooperative services personnel performance evaluation council, which shall, at a minimum, consist of the following members to be appointed by the local board of education or board of cooperative services: (a) In the case of a school district, one teacher, one administrator, and one principal from the school district; one resident from the school district who is a parent of a child attending a school within said district; and one resident of the school district who is not a parent with a child in the district; or (b) In the case of a board of cooperative services, one teacher, one administrator, and one principal representative of the school district or districts participating in the board of cooperative services; one person employed by the board of cooperative services who is defined as licensed personnel pursuant to section 22-9-103 (1.5); one resident who is a parent of a child attending a school within said district or districts; and one resident representative of the school district or districts participating in the board of cooperative services who is not a parent with a child in said district or districts. (1.5) If a school district does not employ a principal and an administrator, but employs a single person as both principal and administrator, the school district is in compliance with paragraph (a) of subsection (1) of this section if the person employed as both principal and administrator serves on the advisory school district personnel performance evaluation council in addition to the required teacher and residents of the school district. (2) Said council shall consult with the local board or board of cooperative services as to the fairness, effectiveness, credibility, and professional quality of the licensed personnel performance evaluation system and its processes and procedures and shall conduct a continuous evaluation of said system. (3) The council for a school district may be composed of any other school district committee having proper membership, as defined in subsection (1) of this section. Source: L. 84: Entire article added, p. 588, § 1, effective May 14. L. 92: Entire section amended, p. 474, § 7, effective April 29. L. 2000: (1)(b) and (2) amended, p. 1853, § 47, effective August 2. L. 2015: (1.5) added, (HB 15-1321), ch. 217, p. 800, § 9, effective May 22. 22-9-108. Evaluator training - universities and colleges - duties. (1) (a) The general assembly finds that credible, fair, and professional evaluations of licensed personnel depend upon high quality, effective training for principals and administrators that is consistent across the state. Therefore, the state board, in evaluating and approving educator preparation programs pursuant to section 22-2-109, and in approving evaluator training programs provided by a school district or a board of cooperative services, shall ensure that said programs meet the requirements specified in this section. (b) Every university and college within the state that has a principal or administrator preparation program shall ensure that the program includes training in the evaluation of licensed Colorado Revised Statutes 2019 Page 243 of 1211 Uncertified Printout personnel that meets the requirements specified in this section. In addition, the university or college shall cooperate with the state board in connection with the state board's duties under sections 22-9-104 and 22-2-109. (c) Every school district and board of cooperative services that provides training in the evaluation of licensed personnel shall ensure that such training meets the requirements specified in this section. (2) Each university or college that offers a principal or administrator preparation program or school district or board of cooperative services that provides evaluator training shall structure the evaluator training program on a standards-based skill outcome model that takes into account research concerning evaluation of licensed personnel. At a minimum, each evaluator training program shall include standards-based performance assessments of each participant, demonstrated competency, and certification by the university, college, school district, or board of cooperative services of the skills mastered by each participant. The university, college, school district, or board of cooperative services shall work collaboratively with principals and administrators who are responsible for evaluating licensed personnel to develop research-based standards for assessing and certifying evaluator skills. The university, college, school district, or board of cooperative services shall regularly review both the model for the evaluator training program and the program performance standards to ensure that they continue to reflect research concerning evaluation of licensed personnel. (3) At a minimum, each evaluator training program shall include training in the following areas: (a) Teaching and learning styles; (b) Student performance and student assessment; (c) Data collection and documentation; and (d) School district standards and state mandates. Source: L. 84: Entire article added, p. 589, § 1, effective May 14. L. 98: Entire section R&RE, p. 284, § 1, effective July 1. L. 2000: (1) and (2) amended, p. 1853, § 48, effective August 2. 22-9-109. Exemption from public inspection. (1) Notwithstanding the provisions of section 24-72-204 (3), C.R.S., the evaluation report and all public records as defined in section 24-72-202 (6), C.R.S., used in preparing the evaluation report shall be confidential and shall be available only to the licensed person being evaluated, to the duly elected and appointed public officials who supervise his or her work, and to a hearing officer conducting a hearing pursuant to the provisions of section 22-63-302 or the court of appeals reviewing a decision of the board of education pursuant to the provisions of section 22-63-302; except that: (a) The evaluation report of the chief executive officer of any school district, as it relates to the performance of the chief executive officer in fulfilling the adopted school district objectives, fiscal management of the district, district planning responsibilities, and supervision and evaluation of district personnel, must be open for inspection by any person at reasonable times; and (b) Evaluation reports and all public records as defined in section 24-72-202 (6), C.R.S., used in preparing the evaluation reports are available to individuals responsible for reviewing an appeal made by a nonprobationary teacher pursuant to section 22-9-106 (4.5)(b). Colorado Revised Statutes 2019 Page 244 of 1211 Uncertified Printout (2) Nothing in this section shall prevent a school district or a board of cooperative services from collecting information concerning an individual educator's performance evaluation ratings and student assessment results linked to the individual educator. A school district or board of cooperative services may use the information collected to fulfill its duties as required by law, including reporting this information in the aggregate at the state, district, or school level. In such instances, the identity of individual educators or students, including but not limited to student assessments results linked to the individual educator, must otherwise remain confidential and must not be published or publicly disclosed in any way that would identify an individual educator. (3) Nothing in this section shall prevent the use of data collected by the department for bona fide research, when the data is obtained pursuant to the department's protocols for release of data for research purposes and is used in a manner that protects the identity of individual educators and adheres to the applicable provisions of the federal "Family Education Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232 g. Source: L. 86, 2nd Ex. Sess.: Entire section added, p. 58, § 1, effective August 21. L. 90: Entire section amended, p. 1129, § 4, effective July 1. L. 2000: Entire section amended, p. 1854, § 49, effective August 2. L. 2013: Entire section amended, (HB 13-1220), ch. 163, p. 522, § 1, effective May 3. ARTICLE 9.5 Principal Development Scholarship Program Cross references: For the legislative declaration contained in the 2006 act enacting this article, see section 7 of chapter 270, Session Laws of Colorado 2006. 22-9.5-101. Definitions. As used in this article, unless the context otherwise requires: (1) "Scholarship program" means the principal development scholarship program created in section 22-9.5-102. (2) "State board" means the state board of education created and existing pursuant to section 1 of article IX of the state constitution. Source: L. 2006: Entire article added, p. 1243, § 8, effective May 26. 22-9.5-102. Principal development scholarship program - creation - eligibility. There is hereby created in the department of education the principal development scholarship program. Subject to available appropriations, the scholarship program shall award stipends to assist persons employed as principals in offsetting the costs incurred in obtaining on-going professional development. The state board shall award stipends on a need basis, based on the criteria specified in section 22-9.5-103. The scholarships shall be paid from any moneys available in the principal development scholarship fund created in section 22-9.5-104. Source: L. 2006: Entire article added, p. 1243, § 8, effective May 26. Colorado Revised Statutes 2019 Page 245 of 1211 Uncertified Printout 22-9.5-103. Scholarship program - rules - criteria for awards. (1) The state board, by rule, shall establish the procedures by which a person may apply for a stipend through the scholarship program. At a minimum, the rules shall specify the information a person shall submit and the deadlines for submitting the application. (2) The state board shall award stipends to applying persons based on the following criteria: (a) A person's demonstrated degree of financial need, based on the resources of the employing school district and the applying person, and the cost of the professional development program for which the person requests a stipend; (b) A person's demonstrated degree of professional need, based on the applying person's performance evaluations conducted pursuant to the district's licensed personnel performance evaluation system; (c) The quality of the professional development program or activity for which the person requests a stipend; and (d) Any other criteria adopted by rule of the state board to identify persons in the greatest need of assistance in obtaining high-quality professional development programs and activities to improve their performance as principals. (3) The state board shall set the amount of each stipend awarded based on the person's degree of need, the cost of the professional development program or activity for which the person requests a stipend, the amount available in the principal development scholarship fund for the applicable budget year, and the anticipated number of persons who will apply to the scholarship program in the course of the applicable budget year. Source: L. 2006: Entire article added, p. 1243, § 8, effective May 26. 22-9.5-104. Principal development scholarship fund - created. (1) There is hereby created in the state treasury the principal development scholarship fund, referred to in this section as the "fund", that shall consist of any moneys that may be credited to the fund pursuant to subsection (2) of this section. The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs associated with the implementation of this article. Any moneys in the fund not expended for the purpose of this article may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund. (2) The department is authorized to accept gifts, grants, or donations from any public or private entity to carry out the purposes of this article, subject to the terms and conditions under which given; except that the department shall not accept a gift, grant, or donation if the conditions attached thereto require the use or expenditure thereof in a manner contrary to law. The department shall transmit to the state treasurer any gifts, grants, or donations received pursuant to this subsection (2), and the state treasurer shall credit the same to the fund. (3) The department may expend up to one percent of the moneys annually appropriated from the fund to offset the costs incurred in implementing this article. Source: L. 2006: Entire article added, p. 1244, § 8, effective May 26. Colorado Revised Statutes 2019 Page 246 of 1211 Uncertified Printout ARTICLE 9.7 Early Childhood Educator Development Scholarship Program 22-9.7-101. Early childhood educator development scholarship program - creation eligibility. Subject to the receipt of sufficient moneys pursuant to section 22-9.7-103, there is hereby created in the department of education, referred to in this article as the "department", the early childhood educator development scholarship program, referred to in this article as the "scholarship program", to award stipends to assist persons employed in early childhood education in offsetting the costs incurred in obtaining an associate of arts degree in early childhood education. The department shall award stipends on a need basis, based on the criteria specified in section 22-9.7-102. The stipends shall be awarded on a yearly basis, and recipients shall reapply each year that they are enrolled in the associate of arts degree program. The scholarships shall be paid from any moneys available in the early childhood educator development scholarship fund created in section 22-9.7-103. Source: L. 2010: Entire article added, (HB 10-1030), ch. 115, p. 388, § 1, effective August 11. L. 2011: Entire section amended, (HB 11-1303), ch. 264, p. 1160, § 43, effective August 10. 22-9.7-102. Scholarship program - rules - criteria for awards. (1) The department, by rule, shall collaborate with the department of human services, the Colorado community college system, and the office of information technology, to establish the procedures by which a person may apply for a stipend through the scholarship program. At a minimum, the rules shall specify the information a person shall submit and the deadlines for submitting the application. (2) The department shall award stipends to an applicant based on the following criteria: (a) The applicant's demonstrated degree of financial need, based on the resources of the applying person and the cost of the associate of arts degree program for which the applicant requests a stipend; (b) The applicant's demonstrated degree of professional need; (c) The quality of the associate of arts degree program for which the applicant requests a stipend; (d) The applicant's commitment to teach in early childhood education for at least two years after receiving the associate of arts degree; (e) The applicant's current employment in an early childhood capacity; and (f) Any other criteria adopted by rule of the department to identify applicants in the greatest need of assistance in obtaining a regionally accredited associate of arts degree to improve their performance as early childhood educators. (3) The department shall set the amount of each stipend awarded based on the applicant's degree of need, the cost of the associate of arts degree program for which the applicant requests a stipend, the amount available in the early childhood educator development scholarship fund for the applicable budget year, and the anticipated number of persons who will apply to the scholarship program in the course of the applicable budget year. (4) Repealed. Colorado Revised Statutes 2019 Page 247 of 1211 Uncertified Printout Source: L. 2010: Entire article added, (HB 10-1030), ch. 115, p. 388, § 1, effective August 11. L. 2013: (4) repealed, (HB 13-1300), ch. 316, p. 1679, § 42, effective August 7. 22-9.7-103. Early childhood educator development scholarship fund - created. (1) It is the intent of the general assembly that any costs associated with implementing this article shall be paid for by the receipt of any available federal moneys or other gifts, grants, or donations and that no additional general fund moneys be appropriated for the implementation of the grant program. (2) The department is authorized to seek, accept, and expend any federal moneys or other gifts, grants, or donations for the purposes of this article. If necessary, any gifts, grants, or donations shall be transmitted to the state treasurer who shall credit them to the early childhood educator development scholarship fund, which fund is hereby created and referred to in this section as the "fund". (3) The moneys in the fund shall be continuously appropriated to the department for the direct and indirect costs associated with implementing this article. Any moneys in the fund not expended for the purpose of this article may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund. (4) The department shall retain only the actual amount of direct and indirect costs necessary to implement this article. Source: L. 2010: Entire article added, (HB 10-1030), ch. 115, p. 389, § 1, effective August 11. 22-9.7-104. Repeal of article. (1) (a) On or before July 1, 2011, or July 1 of any year thereafter, the executive director of the department shall notify the revisor of statutes in writing if federal moneys are not received and allocated to the department or if gifts, grants, and donations are not received by the department to provide for the award of grants pursuant to this article. (b) If the revisor of statutes does not receive notice pursuant to paragraph (a) of this subsection (1), on July 1, 2011, or on July 1 of any year thereafter, the executive director of the department shall notify the revisor of statutes in writing if federal moneys or gifts, grants, or donations are not available to continue to provide for the award of grants pursuant to this article. (2) This article is repealed, effective the July 1 following the receipt of the notice by the revisor of statutes pursuant to paragraph (a) or (b) of subsection (1) of this section. Source: L. 2010: Entire article added, (HB 10-1030), ch. 115, p. 390, § 1, effective August 11. Editor's note: As of the date of publications, the revisor of statutes has not received the notices referred to in subsection (1)(a) or (1)(b) that would cause the repeal of this article. ARTICLE 10 Colorado Revised Statutes 2019 Page 248 of 1211 Uncertified Printout Adult Education and Literacy Editor's note: This article was added in 1989. It was repealed in 1994 and was subsequently recreated and reenacted in 2014, resulting in the addition, relocation, or elimination of sections as well as subject matter. For amendments to this article prior to 1994, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume. 22-10-101. Short title. This article shall be known and may be cited as the "Adult Education and Literacy Act of 2014". Source: L. 2014: Entire article RC&RE, (HB 14-1085), ch. 343, p. 1526, § 1, effective June 5. 22-10-102. Legislative declaration. (1) The general assembly finds that: (a) Increased educational attainment is a proven pathway out of poverty. In general, research shows that average annual earnings increase and unemployment rates decrease with each successive level of education or training that a person achieves. (b) Postsecondary education and credential attainment are increasingly central to a person's ability to earn family-sustaining wages, participate more fully in Colorado's twentyfirst-century workforce, and contribute to the state's economic health and vitality; (c) Both nationally and in Colorado, projections indicate that by 2025, two-thirds of all jobs will require some level of postsecondary education or technical skill training; (d) Colorado has a substantial "middle-skill gap" in its workforce. Middle-skill jobs require some postsecondary education or training but less than a four-year degree. These positions make up approximately forty-seven percent of the state's jobs, but only thirty-six percent of Colorado workers have the training necessary to fill them. (e) Before Colorado can meet its workforce, educational attainment, and povertyreduction goals, the state must address the need for adult education. A significant percentage of the state's working-age population lacks a high school diploma or its equivalent. Many of these individuals do not have basic literacy or numeracy skills and are unprepared for participation in postsecondary education and for participation in the twenty-first-century workforce. (f) Effectively addressing the need for adult education requires the appropriation of state moneys to fund adult education and literacy programs that participate in workforce development partnerships. Although there are several postsecondary programs that focus on workforce development and skills acquisition, these programs typically assume that participants are or have been in the workforce in some capacity and have already attained a base level of literacy and numeracy. Adult education and literacy programs, however, are typically designed for adults who have been unable to enter the workforce in a meaningful capacity due to a lack of basic literacy and numeracy skills. (g) In return for state investment in adult education and literacy programs, these programs must refocus their mission to ensure that more low-skilled, low-income adults not only attain the basic literacy and numeracy skills that they lack, but that they move as quickly as possible from skill acquisition to postsecondary credential attainment to employment; and Colorado Revised Statutes 2019 Page 249 of 1211 Uncertified Printout (h) Successfully refocusing the mission of adult education and literacy programs requires the active collaboration and coordination of a variety of state agencies and organizations that are involved in adult education and literacy, postsecondary education, training and credential attainment, workforce development, economic development, and human services. (2) The general assembly finds, therefore, that it is in the best interests of the state to establish an adult education and literacy grant program to provide state funding for public and private nonprofit adult education and literacy programs. Investing in these programs will enable them to serve a larger share of the state's eligible adult population and ensure that more adults can reach and complete the next level of education and training, thereby leading to better employment outcomes that enable more low-income, low-literacy adults to ultimately achieve economic self-sufficiency. Source: L. 2014: Entire article RC&RE, (HB 14-1085), ch. 343, p. 1526, § 1, effective June 5. 22-10-103. Definitions. As used in this article, unless the context otherwise requires: (1) "Adult education and literacy programs" means programs that provide adult basic education, adult education leading to a high school equivalency credential, English as a second language instruction, or integrated basic education and skills training. (2) "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S. (3) "Eligible adult" means a person who: (a) Is at least seventeen years of age; (b) Is not enrolled in a public or private secondary school; and (c) (I) Lacks a high school diploma or its equivalent; or (II) Is in need of English language instruction; or (III) Lacks sufficient mastery of the basic literacy and numeracy skills necessary to enable the person to function effectively in the workplace. (4) "English language instruction" means instruction that is designed to assist a person with limited English proficiency to achieve competence in the English language, thus allowing the person to understand and navigate governmental, educational, and workplace systems. (5) "Grant program" means the adult education and literacy grant program created in section 22-10-104. (6) "Literacy" means a person's ability to read, write, and speak English at levels of proficiency that are necessary to function on the job and in society, achieve the person's goals, and develop the person's knowledge and potential. (7) "Local education provider" means one of the following entities that the department recognizes as providing appropriate and effective adult education and literacy programs: (a) A secondary or postsecondary, public or private, nonprofit educational entity, including but not limited to a school district, charter school, board of cooperative services, state institution of higher education, local district college, and area technical college; (b) A community-based, nonprofit agency or organization; (c) A library; (d) A literacy council or other literacy institute; Colorado Revised Statutes 2019 Page 250 of 1211 Uncertified Printout (e) A business or business association that provides adult education and literacy programs either on-site or off-site; (f) A volunteer literacy organization; (g) A local work force board, as defined in section 8-83-203, C.R.S., that oversees a work force development program described in the "Colorado Career Advancement Act", part 2 of article 83 of title 8, C.R.S.; (h) A one-stop partner, as described in section 8-83-216, C.R.S., under the "Colorado Career Advancement Act", part 2 of article 83 of title 8, C.R.S.; or (i) A consortia of entities described in this subsection (7). (8) "Numeracy" means a person's ability to compute and solve mathematical problems at levels of proficiency that are necessary to function on the job and in society, achieve the person's goals, and develop the person's knowledge and potential. (9) "Office" means the office within the department that is responsible for adult education. (10) "State board" means the state board of education created in section 1 of article IX of the state constitution. (11) (a) "Workforce development partnership" means a collaboration that assists adults in attaining basic literacy and numeracy skills leading to additional skill acquisition, postsecondary credentials, and employment. At a minimum, a workforce development partnership must include at least one local education provider, at least one postsecondary education or training provider, and at least one workforce development provider. (b) For purposes of this subsection (11), a postsecondary education or training provider includes, but need not be limited to: (I) A state institution of higher education, local district college, or area technical college; (II) An apprenticeship program; (III) An entity that provides accelerated education and skills training certificate programs created pursuant to part 9 of article 60 of title 23, C.R.S.; (IV) An entity that operates programs through the manufacturing career pathway pursuant to part 10 of article 60 of title 23, C.R.S., or another career pathway pursuant to section 24-46.3-104, C.R.S.; and (V) A community-based workforce development program that is operated through the Colorado customized training program created in section 23-60-306, C.R.S. (c) For purposes of this subsection (11), a work force development provider includes, but need not be limited to: (I) A work force development program described in the "Colorado Career Advancement Act", part 2 of article 83 of title 8, C.R.S.; and (II) A program that is supported by the state work force development council created in article 46.3 of title 24, C.R.S. Source: L. 2014: Entire article RC&RE, (HB 14-1085), ch. 343, p. 1528, § 1, effective June 5. L. 2015: (11)(b)(IV) amended, (HB 15-1274), ch. 196, p. 665, § 2, effective August 5. L. 2016: (7)(g), (7)(h), and (11)(c)(I) amended, (HB 16-1302), ch. 183, p. 646, § 29, effective May 19; (7)(a) and (11)(b)(I) amended, (HB 16-1082), ch. 58, p. 140, § 4, effective August 10. Colorado Revised Statutes 2019 Page 251 of 1211 Uncertified Printout 22-10-104. Adult education and literacy grant program - created - rules. (1) (a) There is created in the office the adult education and literacy grant program to provide funding for local education providers that are members of workforce development partnerships through which eligible adults receive basic education in literacy and numeracy that leads to additional skills acquisition, postsecondary credential attainment, and employment. (b) A local education provider may apply to the office to receive a grant pursuant to this article in accordance with the rules, procedures, forms, and timelines adopted by the state board. The office shall review each application and recommend appropriate grant recipients to the state board. (c) Subject to available appropriations, the state board, taking into consideration the recommendations of the office, shall award adult education and literacy grants to local education providers. The grants awarded are payable from appropriations from the general fund and from the adult education and literacy grant fund created in section 22-10-107. The state board shall establish the amount and duration of each grant awarded and may award a grant for multiple fiscal years, subject to annual renewal. A grant recipient that receives a multi-year grant must annually submit to the office the necessary information to determine whether the grant recipient is making sufficient progress toward achieving the goals of the adult education and literacy program that were specified in the grant application. If the office finds that a grant recipient is not making sufficient progress toward achieving the goals, the state board shall not renew the grant for subsequent fiscal years. (d) A local education provider may use grant moneys received pursuant to this article in combination with any moneys received from other public or private sources. A local education provider may use grant moneys received pursuant to this article on behalf of a student who is enrolled in or has completed the adult education and literacy program and is receiving training from a postsecondary education or training provider or from a workforce development provider that participates in the workforce development partnership with the local education provider. (2) The state board, in accordance with the "State Administrative Procedure Act", article 4 of title 24, C.R.S., shall promulgate rules to implement the grant program, which rules must include: (a) The time frames for submitting applications, reviewing applications, and awarding grants; (b) The grant application requirements. At a minimum: (I) Each applicant must demonstrate that it is an active member of a workforce development partnership through which students receive basic education in literacy and numeracy that leads to additional skills acquisition, postsecondary credential attainment, and employment; and (II) Each application must specify the measurable goals of the adult education and literacy program that the applying local education provider expects to achieve using the grant moneys; (c) Any factors in addition to those listed in subsection (3) of this section that the office may consider in recommending grant recipients to the state board and that the state board may consider in awarding grants; (d) The basis for establishing the amount and duration of each grant; (e) The information that each grant recipient must submit to the office to evaluate the recipient's use of the grant and to prepare the report required in section 22-10-105; and Colorado Revised Statutes 2019 Page 252 of 1211 Uncertified Printout (f) Any additional rules that the state board finds are necessary to implement the grant program. (3) The office, in evaluating grant applications, and the state board, in awarding grants, may consider, at a minimum, the following factors: (a) The percentage of eligible adults expected to be enrolled in the adult education and literacy programs funded by the grant who are members of minority groups; (b) The percentage of eligible adults in the area to be served using grant moneys who do not have high school diplomas or the equivalent and who are not currently enrolled in adult education and literacy programs; (c) (I) The percentage of eligible adults expected to be enrolled in the adult education and literacy programs funded by the grant who are receiving either state or federal public assistance; or (II) The percentage of eligible adults in the area to be served who are unemployed workers; and (d) The demonstrated success of the local education provider in enabling adults to attain basic literacy and numeracy skills and in assisting them, through collaboration with postsecondary education or training providers and workforce development providers, to achieve additional skills attainment, postsecondary credential attainment, and employment. Source: L. 2014: Entire article RC&RE, (HB 14-1085), ch. 343, p. 1530, § 1, effective June 5. L. 2015: (1)(c) amended, (SB 15-108), ch. 12, p. 27, § 1, effective March 13. 22-10-105. Evaluation of grants - report. (1) (a) The office shall annually review the information received from adult education and literacy grant recipients to evaluate the effectiveness of the programs that receive grants in meeting the goals set for the programs in the grant applications. The office shall report its conclusions to the state board for purposes of evaluating ongoing grants. (b) The department may audit the records and accounts of grant recipients relating to grants awarded pursuant to this article. A local education provider shall make the records and accounts available to the department upon request. (c) Upon completing an adult education and literacy program funded, in whole or in part, by a grant awarded pursuant to this article, a local education provider shall report to the department the same information concerning the state-funded program as is required by Title II of the federal "Workforce Investment Act of 1998", as amended, 20 U.S.C. sec. 9201 et seq., for federally funded programs. The department may request such additional information as may be required by rule of the state board. (2) (a) The office shall prepare an annual report concerning the grant program that, at a minimum, addresses the use, allocation, and outcomes of the grant moneys, including the effectiveness of each program that receives a grant and the continuing level of unmet need for adult education within the state. In evaluating program outcomes, the office may consider, but need not be limited to considering, student participation, completion, educational attainment, employment, and poverty-reduction data and analysis. The report must also include an overview of the collaboration efforts of the office, the department of higher education, the department of labor and employment, the community college system, other local education providers, other Colorado Revised Statutes 2019 Page 253 of 1211 Uncertified Printout postsecondary education or training providers, and other workforce development providers in meeting the state's need for adult education and literacy programs and workforce development. (b) Notwithstanding section 24-1-136 (11)(a)(I), the office shall submit the report to the governor's office; the state board; the joint budget committee of the general assembly; the education committees of the senate and the house of representatives, or any successor committees; the business, labor, and technology committee of the senate, or any successor committee; and the business, labor, economic, and workforce development committee of the house of representatives, or any successor committee. The office shall also post the report on the department's website for public viewing. Source: L. 2014: Entire article RC&RE, (HB 14-1085), ch. 343, p. 1532, § 1, effective June 5. L. 2017: (2)(b) amended, (HB 17-1267), ch. 242, p. 995, § 7, effective August 9. 22-10-106. Adult education and literacy - workforce development - meetings. (1) The office shall convene periodic meetings of representatives of, at a minimum, the department of higher education, the department of labor and employment, the community college system, other local education providers, other postsecondary education or training providers, and other workforce development providers to discuss, at a minimum: (a) Ways to increase the communication and collaboration among adult education and literacy programs, postsecondary education or training programs, and workforce development programs within the state; and (b) The state's workforce development needs and the levels of unmet need for adult education within the state, including identifying particular areas of the state with significant unmet adult education needs. Source: L. 2014: Entire article RC&RE, (HB 14-1085), ch. 343, p. 1533, § 1, effective June 5. 22-10-107. Adult education and literacy grant fund - created. (1) (a) There is created in the state treasury the adult education and literacy grant fund, referred to in this section as the "fund", consisting of any moneys received by the department pursuant to subsection (2) of this section. (b) The moneys in the fund are subject to annual appropriation by the general assembly to the department for the direct and indirect costs associated with implementing this article. (c) Notwithstanding any provision of this article to the contrary, the department, the office, and the state board are not required to implement the provisions of this article unless the general assembly appropriates sufficient state moneys to the fund to offset the costs of implementing the article. (d) The state treasurer may invest, as provided by law, any moneys in the fund not expended for the purpose of this article. The state treasurer shall credit all interest and income derived from the investment and deposit of moneys in the fund to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year must remain in the fund and shall not be credited or transferred to the general fund or another fund. (e) Repealed. Colorado Revised Statutes 2019 Page 254 of 1211 Uncertified Printout (2) The department may receive and expend gifts, donations, or grants of any kind from any public or private entity to carry out the purposes of this article, subject to the terms and conditions under which given; except that the department shall not accept a gift, donation, or grant if the conditions attached to the gift, donation, or grant require the use or expenditure of the gift, donation, or grant in a manner contrary to law. The department shall transmit to the state treasurer any gifts, donations, or grants received pursuant to this subsection (2), and the state treasurer shall credit these amounts to the fund. Implementation of the grant program is not conditioned on the receipt of gifts, donations, or grants pursuant to this subsection (2). Source: L. 2014: Entire article RC&RE, (HB 14-1085), ch. 343, p. 1533, § 1, effective June 5. L. 2015: (1)(a) amended and (1)(e) added, (SB 15-108), ch. 12, p. 27, § 2, effective March 13. Editor's note: Subsection (1)(e)(II) provided for the repeal of subsection (1)(e), effective July 1, 2016. (See L. 2015, p. 27.) ARTICLE 10.3 Workforce Diploma Pilot Program 22-10.3-101. Legislative declaration. (1) The general assembly finds and declares that: (a) In Colorado, approximately three hundred fifty thousand adults do not have a high school credential; (b) Research shows that as many as eighty percent of the individuals who left high school without a diploma did so for nonacademic reasons, including the need to work to support themselves or their families; becoming parents; bullying or social anxiety; or falling too far behind to graduate on time; (c) Education is a significant economic driver; according to Columbia university economist, Henry Levin, the average cost to the state for a student who drops out of high school is two hundred fifty-eight thousand two hundred forty dollars in social services, incarceration expenses, and lost income from taxes over the individual's lifetime; and (d) When combined with lost wages, the total opportunity cost for one high school dropout is seven hundred fifty-five thousand nine hundred dollars. (2) Therefore, the general assembly declares that by creating a workforce diploma pilot program that provides Colorado adults with the opportunity to complete a high school diploma, while transferring the risk to providers who receive performance payments only when those students meet performance milestones, the state can better meet its workforce goals for future economic growth. Source: L. 2019: Entire article added, (HB 19-1236), ch. 410, p. 3609, § 1, effective June 1. 22-10.3-102. Definitions. As used in this article 10.3, unless the context otherwise requires: Colorado Revised Statutes 2019 Page 255 of 1211 Uncertified Printout (1) "Department" means the department of education created and existing pursuant to section 24-1-115. (2) "Eligible student" means a student who: (a) Is at least twenty-one years of age; (b) Is a resident of the state of Colorado; and (c) Lacks a high school diploma. (3) "Program" means the workforce diploma pilot program created in section 22-10.3103. (4) "Qualified provider" means a provider that meets the criteria set forth in section 2210.3-103 (3) and that: (a) Is a public, nonprofit, or private accredited, diploma-granting institution with at least two years of experience providing adult dropout recovery services, including recruitment, learning plan development, and proactive coaching and mentoring; or (b) Is a local education provider, as defined in section 22-10-103 (7). Source: L. 2019: Entire article added, (HB 19-1236), ch. 410, p. 3610, § 1, effective June 1. 22-10.3-103. Workforce diploma pilot program - creation - payments - rules. (1) There is created in the department, in the office within the department that is responsible for adult education, the workforce diploma pilot program to provide performance payments to qualified providers for eligible students enrolled in a qualified provider's programs who attain certain outcomes, as described in subsection (5) of this section. (2) On or before August 15 in any fiscal year in which the general assembly appropriates money for the program, the department shall issue a request for qualifications for providers to participate in the program as qualified providers. (3) The criteria necessary to be a qualified provider includes: (a) Experience providing dropout recovery services, as provided in section 22-10.3-102 (4); (b) The ability to provide academic skill intake assessment and transcript evaluations; (c) The ability to develop a learning plan that integrates academic requirements and career goals; (d) The ability to provide all instruction necessary to meet or exceed the state board of education's high school graduation guidelines to achieve a high school diploma; (e) The ability to provide remedial course work in literacy and numeracy; (f) The ability to provide a research-validated academic resiliency assessment and intervention; (g) The ability to provide employability skills development aligned to employer needs; (h) The ability to provide career pathways course work; (i) The ability to provide preparation for industry-recognized credentials; (j) The ability to provide career placement services; and (k) High school diploma accreditation by a recognized regional accrediting body or a consolidation of one or more regional accrediting bodies. (4) (a) The department shall review qualifications from providers submitted pursuant to subsection (2) of this section to determine whether the provider meets the criteria to be a Colorado Revised Statutes 2019 Page 256 of 1211 Uncertified Printout qualified provider under the program. Within sixty days after submission of qualifications pursuant to subsection (2) of this section, the department shall publish a list of providers that meet the criteria for a qualified provider pursuant to subsection (3) of this section. A qualified provider is eligible for program payments for outcomes achieved thirty or more days after the department publishes the list of qualified providers. (b) Once the department determines that a provider is a qualified provider under the program, the provider remains a qualified provider without the need to reapply annually, unless the provider is removed by the department from the list of qualified providers pursuant to subsection (7) of this section. (5) (a) Except as provided in subsection (5)(b) of this section, in any fiscal year in which the general assembly appropriates money for the program, the department shall disburse payments to qualified providers in the following amounts for each eligible student's completion or attainment of the following outcomes: (I) Two hundred fifty dollars for completion of each half-credit; (II) One thousand dollars for completion of an accredited high school diploma; (III) Two hundred fifty dollars for completion of an employability skills certification program equal to at least one Carnegie unit; (IV) Two hundred fifty dollars for attainment of an industry-recognized credential requiring up to fifty hours of training; (V) Five hundred dollars for attainment of an industry-recognized credential requiring between fifty-one and one hundred hours of training; and (VI) Seven hundred fifty dollars for attainment of an industry-recognized credential requiring more than one hundred hours of training. (b) (I) The total amount of payments disbursed to one or more qualified providers must not exceed seven thousand dollars for an individual eligible student. (II) A qualified provider that receives tuition or other payment from or on behalf of an eligible student shall not also receive a payment from the program on behalf of the eligible student for the same course or program. (6) (a) Qualified providers shall submit invoices on an ongoing basis to the department for payments for student completion or attainment of goals set forth in subsection (5) of this section. The department shall determine the submission dates for the invoices. Subject to available appropriations, qualified providers who submit invoices on or before the dates determined by the department shall receive payments. If available appropriations are insufficient to satisfy all invoices received by the submission date, the department shall reduce all payments by the same percentage until the money is exhausted. (b) The department shall publish monthly reports for qualified providers indicating the total amount of payments disbursed pursuant to the program and the total number of students enrolled in the program. (7) (a) (I) The department shall review data from each qualified provider to ensure the programs offered by each qualified provider are meeting minimum program performance standards, including a minimum fifty percent high school graduation rate from the qualified provider's programs, calculated one year in arrears. (II) For purposes of subsection (7)(a)(I) of this section: Colorado Revised Statutes 2019 Page 257 of 1211 Uncertified Printout (A) The high school graduation rate for a qualified provider is determined by dividing the total number of high school graduates for the cohort year by the total number of all students for the cohort year for which the qualified provider has received payments; and (B) The qualified provider's cost per graduate is not more than seven thousand dollars, determined by dividing the total payments received by the qualified provider for the cohort year divided by the total number of students earning a high school diploma. (b) The department shall place a qualified provider that does not meet the program performance standards established in this section on probationary status for the remainder of the state fiscal year. (c) The department shall remove a qualified provider from the list of qualified providers if the provider does not meet the performance standards for two consecutive years. (8) The state board of education may adopt rules for the implementation of the program. Source: Entire article added, (HB 19-1236), ch. 410, p. 3610, § 1, effective June 1. 22-10.3-104. Pilot program reporting. (1) On or before August 15 of each year in which program payments were disbursed for the prior state fiscal year, each qualified provider that received payments pursuant to section 22-10.3-103 under the pilot program for the preceding state fiscal year shall report the following information to the department: (a) The total number of eligible students for whom the qualified provider has received payments; (b) The total number of credits earned by eligible students for whom the qualified provider is receiving payments; (c) The total number of employability skills certifications issued to eligible students for whom the qualified provider is receiving payments; (d) The total number of industry-recognized credentials earned for each tier of funding described in section 22-10.3-103 (5)(a) by eligible students for whom the qualified provider is receiving payments; and (e) The total number of eligible students for whom the qualified provider is receiving payments who receive high school diplomas. (2) On or before October 15 of each year in which program payments were disbursed for the prior state fiscal year, the department shall submit to the education and the business affairs and labor committees of the house of representatives, or any successor committees; and to the education and the business, labor, and technology committees of the senate, or any successor committees, a report listing program qualified providers and summarizing the information received from qualified providers pursuant to subsection (1) of this section, and other workforce and postsecondary outcomes, including employment and college enrollment. Source: L. 2019: Entire article added, (HB 19-1236), ch. 410, p. 3613, § 1, effective June 1. 22-10.3-105. Repeal of article. This article 10.3 is repealed, effective July 1, 2022. Source: L. 2019: Entire article added, (HB 19-1236), ch. 410, p. 3614, § 1, effective June 1. Colorado Revised Statutes 2019 Page 258 of 1211 Uncertified Printout ARTICLE 11 Accreditation Editor's note: This article was added in 1998. This article was repealed and reenacted in 2009, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 2009, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. PART 1 GENERAL PROVISIONS 22-11-101. Short title. This article shall be known and may be cited as the "Education Accountability Act of 2009". Source: L. 2009: Entire article R&RE, (SB 09-163), ch. 293, p. 1459, § 1, effective May 21. 22-11-102. Legislative declaration. (1) The general assembly hereby finds that an effective system of statewide education accountability is one that: (a) Focuses the attention of educators, parents, students, and other members of the community on maximizing every student's progress toward postsecondary and workforce readiness and postgraduation success; (b) Reports information concerning performance at the state level, school district or institute level, and individual public school level that is perceived by educators, parents, and students as fair, balanced, cumulative, credible, and useful; (c) Provides more academic performance information, and fewer labels, to move from a punitive accountability system to one that is positive and focused on learning and achieving high levels of academic performance; and (d) Holds the state, school districts, the institute, and individual public schools accountable for performance on the same set of indicators and related measures statewide, ensures that those indicators and measures are aligned through a single accountability system, to the extent possible, that objectively evaluates the performance of the thorough and uniform statewide system of public education for all groups of students at the state, school district or institute, and individual public school levels, and, as appropriate, rewards success and provides support for improvement at each level. (2) The general assembly further finds that an effective education accountability system will be built around implementation of the Colorado growth model that: (a) Uses a common measure to describe in plain language how much academic growth each student needs to make and how much growth the student actually makes in one year toward proficiency on state content standards; Colorado Revised Statutes 2019 Page 259 of 1211 Uncertified Printout (b) Incorporates a complete history of each student's assessment scores in calculating the student's needed and achieved academic growth; (c) Focuses the attention of educators, parents, and students on maximizing students' academic growth and achievement over time and reveals where, and among which groups of students, the strongest academic growth is occurring and where it is not; (d) Assists the state in closing the achievement gaps that plague the public education system by spotlighting the gaps in students' academic growth rates and ensuring that educators have the data necessary to assist the neediest students in making more than a year's academic growth in a year's time so that these students can catch up to the academic performance levels of their peers; and (e) Provides data that are recognized by educators, parents, students, the higher education community, the business community, and other stakeholders as fair, balanced, objective, and transparent to support individual school, school district, institute, state, and federal education accountability purposes. (3) The general assembly concludes, therefore, that it is in the best interests of the state to adopt an aligned education accountability system for public education in this state that: (a) Holds the state, school districts, the institute, and public schools accountable on statewide performance indicators supported by consistent, objective measures; (b) Incorporates input from parents, educators, administrators, and the community in establishing clearly defined statewide academic performance objectives; (c) Reports performance in clear, readily understandable terms; (d) Is adaptable to accommodate and include additional data that become available as the state implements the "Preschool to Postsecondary Education Alignment Act", part 10 of article 7 of this title, including but not limited to data concerning school readiness and postsecondary success; (e) Recognizes and rewards areas of success, while also identifying and compelling effective change for areas in need of improvement; and (f) Ensures the availability of technical assistance, services, and support for public schools, school districts, and the institute to improve students' academic performance. Source: L. 2009: Entire article R&RE, (SB 09-163), ch. 293, p. 1459, § 1, effective May 21. 22-11-103. Definitions. As used in this article 11, unless the context otherwise requires: (1) "Accreditation" means certification by the state board that a school district and the public schools of the school district, or the institute and the institute charter schools, meet the requirements established by this article and the rules promulgated pursuant to this article. "Accreditation" includes the process for accrediting school districts and the institute and reviewing the performance of public schools as provided in part 2 of this article and the rules promulgated pursuant to this article. (2) "Accreditation contract" means: (a) The contract between the state board and a school district, as described in section 2211-206, that includes, but is not limited to, the school district's obligation to manage the accreditation of the public schools of the school district consistent with the provisions of this article; or Colorado Revised Statutes 2019 Page 260 of 1211 Uncertified Printout (b) The contract between the state board and the institute, as described in section 22-11206, that includes, but is not limited to, the institute's obligation to manage the accreditation of the institute charter schools consistent with the provisions of this article. (3) "Achievement and growth gaps" means differences among student groups in the levels of academic achievement attained by the student groups on the statewide assessments and differences among student groups in the levels of academic growth attained by the student groups. (4) "Achievement level" or "performance level" means the level of proficiency a student demonstrates on a statewide assessment. (5) "Alternative education campus" means a public school that receives a designation pursuant to section 22-7-604.5. (6) Repealed. (6.5) "Career and technical education course" means a postsecondary course that, upon successful completion, results in postsecondary course credit toward a career and technical education credential or associates degree in applied science. (7) Repealed. (8) "Colorado growth model" means a scientifically rigorous statistical model that the department uses to calculate students' annual academic growth in the subjects included in the statewide assessments based on students' scores on the annual statewide assessments, which model is adopted by the state board pursuant to section 22-11-202. (9) "Commissioner" means the office of the commissioner of education created and existing pursuant to section 1 of article IX of the state constitution. (9.5) "Concurrent enrollment" means that a student, while enrolled in high school, enrolls in postsecondary courses as provided in article 35 of this title 22. (10) "Data portal" means the internet-based electronic data delivery system developed and maintained by the department pursuant to section 22-11-502. (10.5) "Demonstration options" means the methods by which a high school student may demonstrate college and career readiness as recommended in the high school graduation guidelines adopted by the state board pursuant to section 22-2-106 (1)(a.5) and as specifically selected by the local school board of the school district in which a student is enrolled or by the district charter high school or institute charter high school in which a student is enrolled. (11) "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S. (11.5) "Developmental education courses" has the same meaning as provided in section 23-1-113 (11)(b). (12) "District charter school" means a charter school that is authorized by a school district pursuant to the provisions of part 1 of article 30.5 of this title. (13) "District public school" means a public school of a school district, including but not limited to a district charter school. (13.5) "General education core courses" means the postsecondary general education core courses in reading, writing, and mathematics identified pursuant to section 23-1-125 (3). (14) "Improvement plan" means: (a) The plan described in and adopted by a school district pursuant to section 22-11-304, in which case it may also be referred to more specifically as a "district improvement plan"; Colorado Revised Statutes 2019 Page 261 of 1211 Uncertified Printout (b) The plan described in and adopted by the institute pursuant to section 22-11-304, in which case it may also be referred to more specifically as an "institute improvement plan"; or (c) The plan described in and adopted by a public school pursuant to section 22-11-404, in which case it may also be referred to more specifically as a "school improvement plan". (15) "Institute" means the state charter school institute created pursuant to section 2230.5-503. (16) "Institute board" means the governing board of the state charter school institute appointed pursuant to section 22-30.5-505 (2). (17) "Institute charter school" means a charter school that is authorized by the institute pursuant to the provisions of part 5 of article 30.5 of this title. (18) Repealed. (19) "Local school board" means the board of education of a school district. "Local school board" also includes the governing board of a board of cooperative services created pursuant to article 5 of this title if the board of cooperative services is operating a public school. (20) "Measure" means a method of assessing or a means to assess the level of attainment on a performance indicator. (21) "Median student growth" means, in a ranking of individual student growth scores from highest to lowest, the middle student growth score attained. (22) Repealed. (23) "Performance indicators" means the indicators specified in section 22-11-204 for measuring the performance of the state public education system, including each public school, each school district, the institute, and the state as a whole. (24) "Performance plan" means: (a) The plan described in and adopted by a school district pursuant to section 22-11-303, in which case it may also be referred to more specifically as a "district performance plan"; (b) The plan described in and adopted by the institute pursuant to section 22-11-303, in which case it may also be referred to more specifically as an "institute performance plan"; or (c) The plan described in and adopted by a public school pursuant to section 22-11-403, in which case it may also be referred to more specifically as a "school performance plan". (24.5) "Performance watch" means: (a) For a school district or the institute, the period of five years during which the school district or institute performs at a level that results in being accredited with priority improvement plan or lower as described in section 22-11-207 (4)(a); and (b) For a public school, the period of five years during which the public school performs at a level that results in being required to adopt a priority improvement or turnaround plan as described in section 22-11-210 (1)(d)(I). (25) "Postsecondary and workforce readiness" shall have the same meaning as provided in section 22-7-1003 (15). (26) Repealed. (27) "Priority improvement plan" means: (a) The plan described in and adopted by a school district pursuant to section 22-11-305, in which case it may also be referred to more specifically as a "district priority improvement plan"; Colorado Revised Statutes 2019 Page 262 of 1211 Uncertified Printout (b) The plan described in and adopted by the institute pursuant to section 22-11-305, in which case it may also be referred to more specifically as an "institute priority improvement plan"; or (c) The plan described in and adopted by a public school pursuant to section 22-11-405, in which case it may also be referred to more specifically as a "school priority improvement plan". (28) "Public school" has the same meaning as provided in section 22-1-101 and includes, but is not limited to, a district charter school, an institute charter school, and an online school, as defined in section 22-30.7-102 (9.5). (29) "School district" means a school district authorized by section 15 of article IX of the state constitution and organized pursuant to article 30 of this title. "School district" also includes a board of cooperative services created pursuant to article 5 of this title if it is operating a public school. (30) "School readiness" shall have the same meaning as provided in section 22-7-1003 (21). (31) "State board" means the state board of education established pursuant to section 1 of article IX of the state constitution. (32) "State review panel" means the panel of education experts appointed by the commissioner pursuant to section 22-11-205 to assist the department and the state board in implementing the provisions of this article. (33) "Statewide assessments" means the assessments administered pursuant to section 22-7-1006.3. (34) "Student groups" means the grouping of students based on sex, socioeconomic status, race and ethnicity, disability, English language proficiency, and gifted and talented status, as said groups are described by state board rule and federal requirements, and any additional student groups that the state board may describe by rule to align with changes to federal requirements or to provide additional data for analysis of student learning. (34.3) "Student populations that are significantly represented within the school" means student populations that each constitute at least ten percent of the total population of students in the school, which student populations may include, but need not be limited to, the student populations described in section 22-11-301 (3). (34.5) "Student populations that are significantly represented within the school district" means student populations that each constitute at least ten percent of the total population of students in the school district, which student populations may include, but need not be limited to, the student populations described in section 22-11-301 (3). (35) "Target" means a specific, quantifiable outcome that establishes the desired level of attainment on a measure. (36) "Technical advisory panel" means the panel of state and national experts on the longitudinal measurement of academic growth for accountability purposes appointed by the commissioner pursuant to section 22-11-202 (2). (37) "Turnaround plan" means: (a) The plan described in and adopted by a school district pursuant to section 22-11-306, in which case it may also be referred to more specifically as a "district turnaround plan"; (b) The plan described in and adopted by the institute pursuant to section 22-11-306, in which case it may also be referred to more specifically as an "institute turnaround plan"; or Colorado Revised Statutes 2019 Page 263 of 1211 Uncertified Printout (c) The plan described in and adopted by a public school pursuant to section 22-11-406, in which case it may also be referred to more specifically as a "school turnaround plan". Source: L. 2009: Entire article R&RE, (SB 09-163), ch. 293, p. 1461, § 1, effective May 21. L. 2010: (28) amended, (HB 10-1422), ch. 419, p. 2076, § 39, effective August 11. L. 2012: (34.3) and (34.5) added, (SB 12-160), ch. 204, p. 813, § 3, effective May 24; (28) amended, (HB 12-1240), ch. 258, p. 1314, § 22, effective June 4; (6) amended, (HB 12-1155), ch. 255, p. 1280, § 5, effective August 8. L. 2014: (28) amended, (HB 14-1078), ch. 15, p. 128, § 1, effective February 27. L. 2015: (26) repealed and (33) amended, (HB 15-1323), ch. 204, pp. 733, 722, §§ 56, 26, effective May 20. L. 2017: IP amended and (6.5), (9.5), (10.5), and (13.5) added, (SB 17272), ch. 297, p. 1630, § 2, effective August 9. L. 2018: (4) amended, (7), (18), and (22) repealed, and (24.5) added, (HB 18-1355), ch. 324, p. 1949, § 8, effective May 30. L. 2019: (6) repealed and (11.5) added, (HB 19-1206), ch. 133, p. 599, § 6, effective April 25. Cross references: For the legislative declaration in SB 17-272, see section 1 of chapter 297, Session Laws of Colorado 2017. For the legislative declaration in HB 19-1206, see section 1 of chapter 133, Session Laws of Colorado 2019. 22-11-104. Rules - college and career readiness achievement standards. (1) The state board shall promulgate rules pursuant to the "State Administrative Procedure Act", article 4 of title 24, as required in this article 11 and may promulgate such additional rules as it finds necessary for the implementation of this article 11, including but not limited to rules establishing a numbering system to uniquely identify individual students, including students enrolled in the Colorado preschool program created pursuant to section 22-28-104. (2) (a) For each of the demonstration options by which a high school student may demonstrate college and career readiness, as recommended by the state board in the high school graduation guidelines adopted pursuant to section 22-2-106 (1)(a.5), the state board shall adopt achievement standards that indicate that a student has demonstrated a level of college and career readiness sufficient for high school graduation and higher achievement standards that indicate that a student is prepared, without needing remediation, to enroll in general education core courses. At a minimum, the higher achievement standards must include: (I) Specified, higher scores on the assessments included in the demonstration options, which scores indicate a student is prepared to enroll in general education core courses without need for remediation; and (II) Receipt of college course credits for concurrent enrollment in career and technical education courses or general education core courses or higher-level courses. (b) Subsection (2)(a) of this section does not affect the authority of the Colorado commission on higher education and governing boards of the institutions of higher education to establish and implement the academic admission standards for students for all state-supported institutions of higher education and the policies and procedures for determining a student's need for additional supports to be successful in gateway courses in English and mathematics as provided in section 23-1-113. Source: L. 2009: Entire article R&RE, (SB 09-163), ch. 293, p. 1465, § 1, effective May 21; (2)(e) amended, (HB 09-1319), ch. 286, p. 1317, § 4, effective May 21. L. 2017: Entire Colorado Revised Statutes 2019 Page 264 of 1211 Uncertified Printout section amended, (SB 17-272), ch. 297, p. 1631, § 3, effective August 9. L. 2019: (2)(b) amended, (HB 19-1206), ch. 133, p. 599, § 7, effective April 25. Editor's note: Subsection (2)(e) was amended in House Bill 09-1319, effective May 21, 2009. However, those amendments were superseded by the repeal and reenactment of this article by Senate Bill 09-163, effective May 21, 2009. Cross references: For the legislative declaration in SB 17-272, see section 1 of chapter 297, Session Laws of Colorado 2017. For the legislative declaration in HB 19-1206, see section 1 of chapter 133, Session Laws of Colorado 2019. 22-11-105. Funding. (1) The department is authorized to seek, accept, and expend public and private gifts, grants, and donations for the implementation of this article; except that the department shall not accept a gift, grant, or donation if it is subject to conditions that are inconsistent with this article or any other law of the state. (2) The general assembly hereby declares that, for purposes of section 17 of article IX of the state constitution, implementation of an aligned education accountability system for public education pursuant to this section is an important element in implementing accountable education reform and accountable programs to meet state academic standards and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution. (3) The general assembly anticipates that the department may receive significant amounts of federal moneys that may appropriately be used to implement this article and strongly encourages the department to apply said federal moneys to the greatest extent possible in implementing this article. Source: L. 2009: Entire article R&RE, (SB 09-163), ch. 293, p. 1465, § 1, effective May 21. PART 2 STATE ACCOUNTABILITY 22-11-201. State public education system - annual performance review - targets for improvement. (1) (a) The state board shall annually review the performance of the statewide public education system, including but not limited to reviewing the levels of attainment on the performance indicators demonstrated by each public school, each school district, and the institute. Following said review, the state board shall set, reaffirm, or revise, as appropriate, ambitious but attainable statewide targets for the measures used to determine the levels of attainment of the performance indicators for the coming academic year with the goal of raising the level of academic performance in the public schools throughout the state. In setting the targets, the state board shall, to the extent possible, ensure that the targets meet federal law requirements. (b) In adopting the targets required by paragraph (a) of this subsection (1), the state board shall adopt a set of targets for grades three through twelve. Colorado Revised Statutes 2019 Page 265 of 1211 Uncertified Printout (2) In adopting the targets required by subsection (1) of this section, the state board shall consider any information provided by public schools, local school boards, the institute, school administrators, teachers and teachers' associations, parents and parents' associations, and institutions of higher education related to the academic performance of the public education system in Colorado. (3) The state board shall adopt and publish on the data portal the annual statement of targets in accordance with time frames set by state board rule. Source: L. 2009: Entire article R&RE, (SB 09-163), ch. 293, p. 1466, § 1, effective May 21. 22-11-202. Colorado growth model - technical advisory panel - rules. (1) (a) The state board, by rule, shall adopt, and revise as necessary, the Colorado growth model, which shall be a student longitudinal academic growth model that is available in the public domain. In adopting and revising the Colorado growth model, the state board shall consider recommendations from the technical advisory panel convened pursuant to subsection (2) of this section. (b) In adopting and revising the Colorado growth model, the state board shall ensure that the model: (I) Reflects best practices, as acknowledged in the scientific literature, in measuring student longitudinal academic growth with high precision; (II) To the greatest extent possible, uses a method that will support the academic improvement of public schools, school districts, and the institute; (III) Can measure a student's progress toward meeting each of the performance levels identified by state board rule on the statewide assessments; (IV) Can gauge each student's success in making one year's academic growth or more in one year's time; (V) Provides results that are meaningful, reliable, and valid, given their intended purposes, to enable parents, teachers, and administrators to identify individual students or groups of students who are or are not making adequate academic growth; (VI) Recognizes the improvement of a student whose scores on the statewide assessments increase even if the increase is not sufficient for the student to attain a higher performance level; (VII) Uses individual student scores achieved on the statewide assessments; (VIII) Is described in a publicly available document that sets forth the mathematical equations used in the model and that fully and accurately explains the methods used to complete the records for students with incomplete data; and (IX) Can treat the analysis and reporting of data electronically and produces student, public school, school district, institute, and state reports that the department provides to school districts, the institute, public schools, and the public through the data portal. (c) Repealed. (2) (a) To assist the department in implementing the Colorado growth model, the commissioner shall appoint a technical advisory panel of state and national experts on the longitudinal measurement of academic growth for accountability purposes. The members of the Colorado Revised Statutes 2019 Page 266 of 1211 Uncertified Printout technical advisory panel shall serve at the will of the commissioner and shall not receive compensation or reimbursement for expenses. (b) The department shall convene meetings of the technical advisory panel as necessary and within existing appropriations to review the Colorado growth model and make recommendations to the state board. All meetings of the technical advisory panel shall be open. (c) The department and the state board shall consult with the technical advisory panel concerning: (I) The scores on the kindergarten and first, second, and third grade reading assessments approved pursuant to section 22-7-1209 (1)(b) that will identify, as required in section 22-7-1209 (1)(a), the minimum reading competency skill levels in the areas of phonemic awareness, phonics, vocabulary development, reading fluency, including oral skills, and reading comprehension for kindergarten and first, second, and third grades; (II) The amount of additional credit toward accreditation that each local education provider may receive pursuant to section 22-11-204 (3)(b); and (III) Methods of including in the accreditation process consideration of student progress in attaining reading competency, as defined in section 22-7-1203 (10), in kindergarten and first and second grade. Source: L. 2009: Entire article R&RE, (SB 09-163), ch. 293, p. 1466, § 1, effective May 21. L. 2012: (2)(c) added, (HB 12-1238), ch. 180, p. 667, § 3, effective July 1. L. 2015: (1)(c) repealed, (HB 15-1323), ch. 204, p. 733, § 57, effective May 20. L. 2018: (1)(b)(III) and (1)(b)(VI) amended, (HB 18-1355), ch. 324, p. 1949, § 9, effective May 30. 22-11-203. Student longitudinal academic growth - calculation - data - research. (1) (a) Each school year by a date established in state board rules, the department shall calculate, to the extent practicable, what will constitute adequate longitudinal academic growth for each student for that school year in each subject that is included in the statewide assessments. (b) The department shall use data available for longitudinal analysis to review and revise the calculation of adequate longitudinal academic growth as necessary. (c) and (d) Repealed. (2) (a) For each school year, the department shall provide to each school district in the state academic growth information for each student enrolled in the district public schools, based on the statewide assessment results for the preceding school years. Within ten days after the information is provided to each school district, the department shall also provide the academic growth information to each district public school for the students enrolled in the district public school. Upon receipt of the academic growth information, the principal of each district public school shall ensure that appropriate educators in the school who work directly with a student have access to the necessary academic growth information concerning that student. (b) For each school year, the department shall provide to the institute academic growth information for each student enrolled in the institute charter schools, based on the statewide assessment results for the preceding school years. Within ten days after the information is provided to the institute, the department shall also provide the academic growth information to each institute charter school for the students enrolled in the institute charter school. Upon receipt of the academic growth information, the principal of each institute charter school shall ensure Colorado Revised Statutes 2019 Page 267 of 1211 Uncertified Printout that appropriate educators in the school who work directly with a student have access to the necessary academic growth information concerning that student. (3) Repealed. (4) The department, school districts, the institute, and public schools shall maintain the confidentiality of each student's statewide assessment scores consistent with the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g, and all federal regulations and applicable guidelines adopted in accordance therewith. (5) The school district or the district charter school or institute charter school in which a student is enrolled shall maintain the academic growth information received from the department pursuant to subsection (2) of this section in the student's individual student record maintained by the school district or by the district charter school or institute charter school. (6) The department shall provide technical assistance and training to school districts, the institute, and public schools to assist school district, institute, and public school personnel in interpreting, using, and communicating to parents the academic growth information provided pursuant to subsection (2) of this section. The department shall pay the costs of providing technical assistance and training pursuant to this subsection (6) within existing appropriations or from any gifts, grants, or donations received for implementing this section. (7) The department, upon request, shall make available to qualified researchers the entire longitudinally linked dataset created pursuant to section 22-11-202 and used for generating academic growth information pursuant to this section and for awarding the governor's distinguished improvement awards. For purposes of this subsection (7), qualified researchers shall include, but need not be limited to, institutions of higher education, school districts, and public policy research and advocacy organizations. The department shall provide the data in a format that allows the data to be linked with other publicly available data in the state and shall include all available data regarding student demographics, the state's school identification numbers, and student-level performance data, while protecting the privacy of individual students in a manner consistent with the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g, and all federal regulations and applicable guidelines adopted in accordance therewith. Source: L. 2009: Entire article R&RE, (SB 09-163), ch. 293, p. 1468, § 1, effective May 21. L. 2011: (2) and (3) amended, (HB 11-1277), ch. 306, p. 1474, § 3, effective August 10. L. 2018: (1)(a) amended and (1)(c), (1)(d), and (3) repealed, (HB 18-1355), ch. 324, p. 1950, § 10, effective May 30. 22-11-204. Performance indicators - measures. (1) (a) The department shall annually determine the level of attainment of each public school, each school district, the institute, and the state as a whole on each of the following performance indicators: (I) Student longitudinal academic growth, based on students' academic progress, relative to student peers and across school years, toward meeting the state standards adopted pursuant to section 22-7-1005, as measured by students' scores on the statewide assessments administered pursuant to section 22-7-1006.3; (II) Student academic achievement, based on students' academic performance relative to the grade-level state standards adopted pursuant to section 22-7-1005, as measured by performance on the statewide assessments administered pursuant to section 22-7-1006.3; and Colorado Revised Statutes 2019 Page 268 of 1211 Uncertified Printout (III) Student academic growth to standards, based on students' progress toward meeting the state standards adopted pursuant to section 22-7-1005 or, for students who meet grade-level expectations on the state standards, progress toward higher levels of achievement, if available, as measured by the statewide assessments administered pursuant to section 22-7-1006.3. (b) In addition, the department shall annually determine the level of attainment of each public high school, each school district, the institute, and the state as a whole on the postsecondary and workforce readiness performance indicator, based on the measures specified in subsection (4) of this section. (c) The state board, after considering the recommendations of the technical advisory panel, shall by rule specify how the performance of each public school, each school district, the institute, and the state as a whole is calculated for the performance indicators described in subsection (1)(a) of this section. (d) For purposes of calculating performance for the performance indicator concerning student academic achievement, the state board shall ensure that the calculation includes consideration of the academic achievement of students enrolled in third and fourth grade who are identified as having significant reading deficiencies and provides additional credit for public schools, school districts, and the institute that demonstrate higher levels of performance on the state reading assessment or the statewide English language arts assessment by said students. (2) and (3) Repealed. (4) The department shall determine the level of attainment of each public high school, each school district, the institute, and the state as a whole on the postsecondary and workforce readiness indicator by using, at a minimum, the following measures: (a) For each public high school, the department shall calculate: (I) The percentages of students enrolled in the eleventh grade in the public high school who score at each achievement level on the standardized, curriculum-based, achievement, college entrance examination administered as a statewide assessment or the percentages of students enrolled in each of the grade levels included in the public high school who score at each achievement level on the assessments administered pursuant to section 22-7-1006.3 by the public high school; (II) As soon as the data is available, the percentage of students graduating from the public high school who receive a diploma that includes a postsecondary and workforce readiness endorsement as described in section 22-7-1009 (1) and the percentage who receive a diploma that includes an endorsement for exemplary demonstration of postsecondary and workforce readiness as described in section 22-7-1009 (2); (III) (A) The graduation and dropout rates, as defined by rule of the state board. (B) Beginning in the 2020-21 school year, for purposes of this subsection (4)(a)(III), a student who is enrolled in special education services, as defined in section 22-20-103 (23), must be counted in the public high school's graduation rate in the school year in which the student completes the minimum graduation requirements. Nothing in this subsection (4)(a)(III)(B) limits the right to a free appropriate public education for a student as provided by the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended; the "Exceptional Children's Educational Act", article 20 of this title 22; or any other federal or state law or rule. (IV) Beginning in the 2016-17 school year, the percentages of students graduating from the public high school who, in the school year immediately following graduation from high Colorado Revised Statutes 2019 Page 269 of 1211 Uncertified Printout school, enroll in a career and technical education program, community college, or four-year institution of higher education. The department shall weight each postsecondary enrollment option equally in determining a public high school's level of attainment of this measure. (IV.5) Beginning in the 2018-19 school year, or in the first school year for which data is available, the percentage of students graduating from the public high school who, in the school year immediately following graduation from high school, enlist in the military. The department shall weight military enlistment equally with the postsecondary enrollment options described in subsection (4)(a)(IV) of this section in determining a public high school's level of attainment on the postsecondary and workforce readiness indicator. (V) Beginning in the 2020-21 school year, the percentage of students enrolled in the public high school who demonstrate college and career readiness, based on the demonstration options available to the students enrolled in the public high school, at the higher achievement level adopted by the state board that indicates a student is prepared, without needing remediation, to enroll in general education core courses; (VI) Beginning in the 2020-21 school year, the percentage of students enrolled in the public high school who successfully complete an advanced placement course in a subject other than English language arts or math and earn a score of three or higher on the end-of-course advanced placement exam, the percentage of students who successfully complete a concurrent enrollment course in a subject other than English language arts or math and earn a grade of "B" or higher in the course, and the percentage of students who successfully complete an international baccalaureate course in a subject other than English language arts or math and earn a score of four or higher. (b) For each school district and the institute, the department shall calculate: (I) The overall percentages of students enrolled in the eleventh grade in all of the district public high schools or all institute charter high schools who score at each achievement level on the standardized, curriculum-based, achievement, college entrance examination administered as a statewide assessment or the percentages of students enrolled in each of the grade levels included in the public high schools who score at each achievement level on the assessments administered pursuant to section 22-7-1006.3 by the public high schools; (II) Beginning with the first school year for which criteria are adopted pursuant to section 22-7-1009 (1) for awarding diplomas that are endorsed for postsecondary and workforce readiness and for each school year thereafter, the overall percentage of all students graduating from the district public high schools or from the institute charter high schools who receive diplomas that are endorsed for postsecondary and workforce readiness as described in section 22-7-1009 (1) and the percentage who receive diplomas that are endorsed for exemplary demonstration of postsecondary and workforce readiness as described in section 22-7-1009 (2); (III) (A) The overall graduation and dropout rates, as defined by rule of the state board, for the district public high schools or the institute charter high schools. (B) Beginning in the 2020-21 school year, for purposes of this subsection (4)(b)(III), a student who is enrolled in special education services, as defined in section 22-20-103 (23), must be counted in the school district's and the institute's graduation rate in the school year in which the student completes the minimum graduation requirements. Nothing in this subsection (4)(b)(III)(B) limits the right to a free appropriate public education for a student as provided by the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as Colorado Revised Statutes 2019 Page 270 of 1211 Uncertified Printout amended; the "Exceptional Children's Educational Act", article 20 of this title 22; or any other federal or state law or rule. (IV) Beginning in the 2016-17 school year, the overall percentages of students graduating from all of the district public high schools or all institute charter high schools who, in the school year immediately following graduation from high school, enroll in a career and technical education program, community college, or four-year institution of higher education. The department shall weight each postsecondary enrollment option equally in determining a school district's or the institute's level of attainment of this measure. (IV.5) Beginning in the 2018-19 school year, or in the first school year for which data is available, the overall percentages of students graduating from all of the district public high schools or all institute charter high schools who, in the school year immediately following graduation from high school, enlist in the military. The department shall weight military enlistment equally with the postsecondary enrollment options described in subsection (4)(b)(IV) of this section in determining a school district's or the institute's level of attainment on the postsecondary and workforce readiness indicator. (V) Beginning in the 2020-21 school year, the overall percentage of students enrolled in the district public high schools or all of the institute charter high schools who demonstrate college and career readiness, based on the demonstration options offered by the district charter high schools, the school district, or the institute charter high schools, at the higher achievement level adopted by the state board that indicates a student is prepared, without needing remediation, to enroll in general education core courses; (VI) Beginning in the 2020-21 school year, the overall percentage of students enrolled in the district public high schools or institute charter high schools who successfully complete an advanced placement course in a subject other than English language arts or math and earn a score of three or higher on the end-of-course advanced placement exam, the percentage of students who successfully complete a concurrent enrollment course in a subject other than English language arts or math and earn a grade of "B" or higher in the course, and the percentage of students who successfully complete an international baccalaureate course in a subject other than English language arts or math and earn a score of four or higher. (c) For the state, the department shall calculate: (I) The percentages of students enrolled in the eleventh grade in public high schools statewide who score at each achievement level on the standardized, curriculum-based, achievement, college entrance examination administered as a statewide assessment or the percentages of students enrolled in each of the grade levels included in the public high schools statewide who score at each achievement level on the assessments administered pursuant to section 22-7-1006.3 by the public high schools; (II) Beginning with the 2011-12 school year and for each school year thereafter, the overall percentage of all students graduating from the public high schools in the state who receive diplomas that are endorsed for postsecondary and workforce readiness as described in section 22-7-1009 (1) and the percentage who receive diplomas that are endorsed for exemplary demonstration of postsecondary and workforce readiness as described in section 22-7-1009 (2); (III) (A) The statewide graduation and dropout rates, as defined by rule of the state board, for the public high schools in the state. (B) Beginning in the 2020-21 school year, for purposes of this subsection (4)(c)(III), a student who is enrolled in special education services, as defined in section 22-20-103 (23), must Colorado Revised Statutes 2019 Page 271 of 1211 Uncertified Printout be counted in the statewide graduation rate in the school year in which the student completes the minimum graduation requirements. Nothing in this subsection (4)(c)(III)(B) limits the right to a free appropriate public education for a student as provided by the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended; the "Exceptional Children's Educational Act", article 20 of this title 22; or any other federal or state law or rule. (IV) Beginning in the 2016-17 school year, the percentages of students graduating from public high schools statewide who, in the school year immediately following graduation from high school, enroll in a career and technical education program, community college, or four-year institution of higher education. The department shall weight each postsecondary enrollment option equally in determining the state's level of attainment of this measure. (IV.5) Beginning in the 2018-19 school year, or in the first school year for which data is available, the percentage of students graduating from public high schools statewide who, in the school year immediately following graduation from high school, enlist in the military. The department shall weight military enlistment equally with the postsecondary enrollment options described in subsection (4)(c)(IV) of this section in determining the state's level of attainment on the postsecondary and workforce readiness indicator. (V) Beginning in the 2020-21 school year, the overall percentage of students enrolled in the public high schools statewide who demonstrate college and career readiness, based on the demonstration options available to the students enrolled in each public high school, at the higher achievement level adopted by the state board that indicates a student is prepared, without needing remediation, to enroll in general education core courses; (VI) Beginning in the 2020-21 school year, the overall percentage of students enrolled in the public high schools of the state who successfully complete an advanced placement course in a subject other than English language arts or math and earn a score of three or higher on the endof-course advanced placement exam, the percentage of students who successfully complete a concurrent enrollment course in a subject other than English language arts or math and earn a grade of "B" or higher in the course, and the percentage of students who successfully complete an international baccalaureate course in a subject other than English language arts or math and earn a score of four or higher. (5) In measuring the performance of a public school, a school district, the institute, or the state on each of the performance indicators, the department shall disaggregate the measures for each indicator by student group. The department shall separately account for the performance of each student group in determining the overall performance on a performance indicator by a public school, a school district, the institute, or the state. (6) Notwithstanding any provision of this section to the contrary: (a) In calculating the levels of attainment of the performance indicators, the department shall ensure compliance with the federal statutes and regulations and may adjust the calculation methods as necessary to ensure said compliance; (b) To comply with the privacy requirements of the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g and any other federal requirements, the department may forego the calculations required in this section for a public school or a grade level in which the number of enrolled students is less than a minimum number determined by department policy. If the department does not calculate the levels of attainment of the performance indicators as provided in this section for a public school, the department shall determine an alternate method of measuring the public school's performance that is comparable Colorado Revised Statutes 2019 Page 272 of 1211 Uncertified Printout to the provisions of this section and complies with the requirements of federal statutes and regulations. (c) The department may adjust the calculations specified in this section as necessary to take into account students for whom no score is recorded on the statewide assessments or the standardized, curriculum-based, achievement, college entrance examination. (7) The department shall report on the data portal the levels of attainment on the performance indicators, as measured pursuant to this section, for each public school in the state, each school district, the institute, and the state as a whole; except that, in reporting data disaggregated by student groups, the department shall not report data for any student group that is smaller than the minimum number of students necessary to protect student privacy, as determined by the department. Source: L. 2009: Entire article R&RE, (SB 09-163), ch. 293, p. 1470, § 1, effective May 21. L. 2012: (4)(b)(II) amended, (HB 12-1345), ch. 188, p. 729, § 19, effective May 19; (4)(a)(II) amended, (HB 12-1240), ch. 258, p. 1310, § 7, effective June 4; (3) amended, (HB121238), ch. 180, p. 667, § 4, effective July 1. L. 2015: (4)(a)(I), (4)(b)(I), (4)(c)(I), (5)(a)(I)(F), (5)(b)(I)(F), (5)(c)(I)(F), and (6)(c) amended, (HB 15-1323), ch. 204, p. 734, § 58, effective May 20; (4), (5)(a)(I)(F), (5)(b)(I)(F), and (5)(c)(I)(F) amended, (HB 15-1170), ch. 224, p. 819, § 1, effective May 26. L. 2017: (4)(a)(III), (4)(b)(III), (4)(c)(III), (5)(a)(I)(F), (5)(b)(I)(F), and (5)(c)(I)(F) amended and (4)(a)(V), (4)(b)(V), and (4)(c)(V) added, (SB 17-272), ch. 297, p. 1632, § 4, effective August 9. L. 2018: (1)(a) amended, (1)(c) and (1)(d) added, (2) and (3) repealed, and (5) R&RE, (HB 18-1355), ch. 324, pp. 1951, 1952, §§ 11, 12, effective May 30; (4)(a)(IV.5), (4)(b)(IV.5), and (4)(c)(IV.5) added, (SB 18-012), ch. 305, p. 1850, § 1, effective August 8; (4)(a)(VI), (4)(b)(VI), and (4)(c)(VI) added, (HB 18-1019), ch. 306, p. 1852, § 1, effective August 8. L. 2019: (4)(a)(III), (4)(b)(III), and (4)(c)(III) amended, (HB 19-1066), ch.16, p. 60, § 1, effective March 7. Editor's note: Amendments to subsections (4)(a)(I), (4)(b)(I), (4)(c)(I), (5)(a)(I)(F), (5)(b)(I)(F), and (5)(c)(I)(F) by HB 15-1323 and HB 15-1170 were harmonized. Cross references: For the legislative declaration in the 2012 act amending subsection (4)(b)(II), see section 11 of chapter 188, Session Laws of Colorado 2012. For the legislative declaration in SB 17-272, see section 1 of chapter 297, Session Laws of Colorado 2017. 22-11-205. State review panel - creation. (1) (a) The commissioner shall recruit an appropriate number of highly qualified persons to serve when needed as a state review panel. The commissioner, with the approval of the state board, shall appoint the members of the state review panel to assist the department and the state board as provided in this article. (b) In appointing the members of the state review panel, the commissioner shall select persons on the basis of demonstrated expertise in one or more of the following fields: (I) School district or school leadership or governance; (II) Standards-based elementary or secondary curriculum instruction and assessment; (III) Instructional data management and analysis; (IV) School district, school, or program evaluation; (V) Educational program management; Colorado Revised Statutes 2019 Page 273 of 1211 Uncertified Printout (VI) Teacher leadership; (VII) Organizational management or school district and public school governance; (VIII) School district or school budgeting and finance; (IX) Any other field that the commissioner deems to be relevant to the review and evaluation of school district, institute, or public school performance or improvement planning. (c) In assigning members of the state review panel, the commissioner shall ensure that an individual does not participate in a site visit or review of a school district, the institute, or a public school if the individual, directly or through his or her employer, has been paid by the school district, the institute, the public school, or the department to provide services for the school district, institute, or public school while the school district, institute, or public school is accredited with priority improvement plan, accredited with turnaround plan, or required to adopt a priority improvement or turnaround plan. If an individual who, as part of the state review panel, participates in a site visit or review of a school district, the institute, or a public school is employed by an entity that later seeks to provide services to the school district, institute, or public school, the individual shall not use any information obtained as a result of the review to benefit the employing entity unless the information has been made public. (2) The commissioner shall convene all or a portion of the state review panel as necessary to carry out the duties specified in this article. (3) The department may accept and expend moneys received from gifts, grants, or donations to compensate members of the state review panel or reimburse them for expenses incurred in performing their duties pursuant to this article. The department shall not pay compensation or reimbursements if sufficient moneys are not available. Source: L. 2009: Entire article R&RE, (SB 09-163), ch. 293, p. 1477, § 1, effective May 21. L. 2018: (1)(c) added, (HB 18-1355), ch. 324, p. 1948, § 6, effective May 30. 22-11-206. Accreditation of school districts and institute - contracts - rules. (1) Pursuant to the authority vested in the state board by section 1 of article IX of the state constitution to exercise general supervision over the public schools in the state, the state board shall annually accredit the school districts and the institute as provided in this article and pursuant to rules adopted by the state board in accordance with this article. (2) The state board shall enter into an accreditation contract with each local school board and with the institute. Each accreditation contract shall have a term of one year and shall be automatically renewed each year so long as the school district or the institute remains in the accreditation category of accredited or higher. The parties to each accreditation contract may renegotiate the contract at any time during the term of the contract, based on appropriate and reasonable changes in the circumstances upon which the original contract terms were based. The state board shall promulgate rules specifying the contents and terms of the accreditation contract in accordance with the provisions of this article. (3) Each accreditation contract shall, at a minimum, address the following elements: (a) The school district's or institute's level of attainment on the performance indicators, as determined pursuant to section 22-11-204; (b) The school district's or the institute's adoption and implementation of its performance, improvement, priority improvement, or turnaround plan, whichever is appropriate based on the school district's or institute's accreditation category; Colorado Revised Statutes 2019 Page 274 of 1211 Uncertified Printout (c) The school district's implementation of its system for accrediting the district public schools or the institute's implementation of its system for accrediting the institute charter schools; and (d) The school district's or institute's substantial, good-faith compliance with the provisions of this title and other statutory and regulatory requirements applicable to school districts and the institute. (4) (a) For purposes of monitoring a school district's or the institute's substantial and good-faith compliance with the provisions of this title and other statutory and regulatory requirements, the department shall obtain assurances from the school district or the institute that it is in compliance with: (I) The provisions of article 44 of this title concerning budget and financial policies and procedures; (II) The provisions of article 45 of this title concerning accounting and financial reporting; and (III) If the accreditation contract involves a school district, the provisions of section 2232-109.1 concerning school safety. (b) With regard to statutory and regulatory requirements, other than those specified in paragraph (a) of this subsection (4), that are applicable to school districts, the superintendent of the school district and the local school board members shall affirm that the school district and the district public schools are in substantial, good-faith compliance with the statutory and regulatory requirements. If the department has reason to believe that the school district is not in substantial compliance with one or more of the statutory or regulatory requirements, the department shall notify the local school board that it has ninety days after the date of notice to come into compliance. If, at the end of the ninety-day period, the department finds that the school district is not substantially in compliance with the statutory or regulatory requirements, the school district may be subject to the interventions specified in this article. (c) With regard to statutory and regulatory requirements, other than those specified in paragraph (a) of this subsection (4), that are applicable to the institute, the members of the institute board and the executive director of the institute shall affirm that the institute and the institute charter schools are in substantial, good-faith compliance with the statutory and regulatory requirements. If the department has reason to believe that the institute is not in substantial compliance with one or more of the statutory or regulatory requirements, the department shall notify the institute that it has ninety days after the date of notice to come into compliance. If, at the end of the ninety-day period, the department finds that the institute is not in substantial compliance with the statutory or regulatory requirements, the institute may be subject to the interventions specified in this article. Source: L. 2009: Entire article R&RE, (SB 09-163), ch. 293, p. 1477, § 1, effective May 21. 22-11-207. Accreditation categories - criteria - rules. (1) The state board shall promulgate rules to establish accreditation categories that shall include, but need not be limited to: (a) "Accredited with distinction", meaning a school district or the institute meets or exceeds the statewide targets or targets annually set by the school district or the institute or Colorado Revised Statutes 2019 Page 275 of 1211 Uncertified Printout exceeds statewide attainment on the performance indicators and is required to adopt and implement a performance plan as described in section 22-11-303; (b) "Accredited", meaning a school district or the institute meets statewide attainment on the performance indicators and is required to adopt and implement a performance plan as described in section 22-11-303; (c) "Accredited with improvement plan", meaning the school district or the institute is required to adopt and implement an improvement plan as provided in section 22-11-304; (d) "Accredited with priority improvement plan", meaning the school district or the institute is required to adopt and implement a priority improvement plan as provided in section 22-11-305; or (e) "Accredited with turnaround plan", meaning the school district or the institute is required to adopt, with the commissioner's approval, and implement a turnaround plan as provided in section 22-11-306. (2) The state board shall promulgate rules establishing objective, measurable criteria that the department shall apply in determining the appropriate accreditation category for each school district and the institute, placing the greatest emphasis on attainment of the performance indicators. At a minimum, the rules must take into consideration: (a) A school district's or the institute's level of attainment of the statewide targets on the performance indicators; (b) A school district's or the institute's level of attainment of the performance indicators compared with statewide attainment of the performance indicators; (c) to (f) Repealed. (g) The performance of students enrolled in the school district's or institute's alternative education campuses, taking into account the unique purposes of the campuses and the unique circumstances of and challenges posed by students enrolled in the campuses; and (h) The school district's or the institute's compliance with the other requirements specified in the accreditation contract. (2.5) (a) The department shall notify each school district and the institute of its initial accreditation assignment. If a school district or the institute disagrees with the department's initial accreditation assignment, the school district or institute may submit to the department a request for reconsideration. The state board shall promulgate rules specifying the information the department must take into account in determining the school district's or institute's final accreditation category, which may include: (I) The length of time during which the school district or institute has been unable to meet the statewide targets; (II) The improvements, changes, and interventions the school district or institute has implemented and is implementing to improve its performance if it is not meeting the statewide targets; (III) The progress the school district or institute is making in improving its performance and in approaching achievement of the statewide targets and the degree to which the school district or institute is not achieving the statewide targets; (IV) The pupil enrollment of the school district as it may affect the reliability of the assessment data; (V) The percentages of students enrolled in high schools of the school district, or institute charter high schools for purposes of the institute, who, based on attainment of course Colorado Revised Statutes 2019 Page 276 of 1211 Uncertified Printout credits or demonstrated competencies, are on schedule to graduate within four, five, six, or seven years; and (VI) Any supplemental data for grade levels for which there are not statewide assessments that indicate the school district or institute is meeting the statewide targets on the performance indicators, if the department determines the supplemental data is valid and reliable and derived from assessments that are aligned with the state standards adopted pursuant to section 22-7-1005. (b) The department shall notify each school district and the institute of its final accreditation category within the time frames adopted by rule of the state board. (3) In promulgating rules pursuant to this section, the state board shall use clear, understandable language to describe the accreditation categories and the levels of attainment of the performance indicators, with the goal of providing a high degree of transparency in the accreditation process. (4) (a) Beginning with the 2018-19 school year, if a school district or the institute performs at a level that results in being accredited with priority improvement plan or lower for two consecutive years followed by three consecutive or nonconsecutive years, resulting in a total of five years of performance at such a level, the state board shall require the school district or institute to take significant action as provided in section 22-11-209; except that, before the five years have accumulated, if the school district or institute performs for at least two consecutive years at a level that results in being accredited with improvement plan or higher, the five years stop accumulating unless the school district or institute again performs at a level that results in being accredited with priority improvement plan or lower for two consecutive years, at which time the school district or institute is again in the first two of the five years. For the time during which the five years of performance are accumulating, a school district or the institute is on performance watch. (b) Notwithstanding the provisions of paragraph (a) of this subsection (4), for purposes of calculating whether a school district or the institute is accredited with priority improvement plan or below for longer than a total of five consecutive school years, the department shall exclude the 2015-16 school year, during which the department does not assign accreditation ratings as provided in section 22-11-208 (1.5), from the calculation and shall count the 2016-17 school year as if it were consecutive to the 2014-15 school year. (5) Notwithstanding any provision of subsection (4)(a) of this section or section 22-11209 (2)(a) to the contrary, at the request of a school district, in consultation with the district accountability committee, or the institute, the state board may direct the school district or institute to take significant actions as provided in section 22-11-209 even though the school district or institute has not completed the five years of performance watch. If the state board requires the school district or institute to take significant actions, the school district or institute is subject to the provisions of section 22-11-209 (3.5). (6) The priority improvement or turnaround plan that a school district or the institute adopts for the fourth year in which the school district or institute is on performance watch must include a general explanation for how the school district or institute may put into effect each of the actions described in section 22-11-209 (2)(a)(I) for a school district or section 22-11-209 (2)(a)(II) for the institute. Colorado Revised Statutes 2019 Page 277 of 1211 Uncertified Printout Source: L. 2009: Entire article R&RE, (SB 09-163), ch. 293, p. 1479, § 1, effective May 21. L. 2013: (2)(f) and (2)(g) amended and (2)(h) added, (SB 13-217), ch. 354, p. 2068, § 1, effective May 28. L. 2015: (4) amended, (HB 15-1323), ch. 204, p. 715, § 7, effective May 20. L. 2018: IP(2), (2)(a), and (4)(a) amended, (2)(c), (2)(d), (2)(e), and (2)(f) repealed, and (2.5), (5), and (6) repealed, (HB 18-1355), ch. 324, p. 1937, § 1, effective May 30. L. 2018: IP(2), (2)(a), and (4)(a) amended, (2)(c) to (2)(f) repealed, and (2.5), (5), and (6) added, (HB 18-1355), ch. 324, p. 1937, § 1, effective May 30. 22-11-208. Accreditation - annual review - supports and interventions - rules. (1) (a) The department shall annually review each school district's and the institute's performance and, based on the rules of the state board, determine the appropriate accreditation category for the school district or institute. The department shall notify each school district and the institute of its accreditation category and shall publish each school district's and the institute's accreditation category, with supporting data, on the data portal. The department shall also publish each school district's and the institute's performance, improvement, priority improvement, or turnaround plan, whichever is applicable, on the data portal following adoption of the plan. (b) Notwithstanding the provisions of paragraph (a) of this subsection (1), the department may change a school district's or the institute's accreditation category prior to conclusion of the annual performance review if the department determines that the school district or the institute has substantially failed to meet a requirement specified in the accreditation contract and that immediate action is required to protect the interests of the students and parents of students enrolled in the district public schools or the institute charter schools. (c) In reviewing school districts' and the institute's performance, the department, to the extent possible, shall evaluate the cost effectiveness of intervention strategies implemented by the state, school districts, and the institute in attempting to improve performance in school districts that are in an accreditation category that is lower than accredited or in the institute if it is in an accreditation category that is lower than accredited. (d) The state board by rule shall establish the time frames in which the department shall review school district and institute performance and determine and report each school district's and the institute's appropriate accreditation category, and the time frames in which the school districts and the institute shall adopt their respective plans and submit them for review and publication on the data portal. A school district with one thousand students or fewer shall only be required to submit a single plan to satisfy the school district and school plan requirements. (e) The state board shall promulgate rules to ensure a school district's or the institute's right to a hearing before the state board to appeal placement in the accredited with turnaround plan category or removal of accreditation pursuant to section 22-11-209. (1.5) Notwithstanding any provision of this article, or any provision of state board rule that implements this article, to the contrary, for the 2015-16 school year, the department shall not assign accreditation ratings for school districts and the institute. For the 2015-16 school year, each school district and the institute shall continue to implement the plan type that was assigned for the preceding school year. The department shall assign accreditation ratings for school districts and the institute for the 2016-17 school year and each school year thereafter. (1.7) Repealed. (2) The department shall provide technical assistance and support to school districts that are accredited with improvement plan, accredited with priority improvement plan, or accredited Colorado Revised Statutes 2019 Page 278 of 1211 Uncertified Printout with turnaround plan and to the institute if it is accredited at any of those categories. The department shall base the amount of technical assistance and support provided to a school district or the institute on the school district's or institute's degree of need for assistance and the department's available resources. Technical assistance and support may include, but need not be limited to: (a) Access to data and research to support interpretation of student data, decisionmaking, and learning; (b) Consultative services on best practices for improvement and implementation of intervention strategies, including, where appropriate, research-based strategies that address the quality and availability of early childhood education opportunities within the school district and student engagement and re-engagement; and (c) Evaluation and feedback on the school district's or the institute's improvement, priority improvement, or turnaround plan, whichever is applicable. (2.5) In addition to the technical assistance and support described in subsection (2) of this section, the department shall make available to the directors of the local school board of a school district that is accredited with improvement plan or lower, or that includes a public school that is required to adopt a priority improvement or turnaround plan, training in school district and public school governance and turnaround best practices. The department shall also make available informational materials and training opportunities for parents, school personnel, and members of the affected district accountability committee and school accountability committee. (3) The commissioner may assign the state review panel to critically evaluate a school district's priority improvement plan or turnaround plan or the institute's priority improvement plan or turnaround plan. The commissioner may require the state review panel to conduct one or more on-site visits as part of evaluating a school district's or the institute's priority improvement or turnaround plan. Based on its evaluation, the state review panel shall report to the commissioner, the state board, and the affected local school board or institute board recommendations concerning: (a) Whether the school district's or institute's leadership is adequate to implement change to improve results; (b) Whether the school district's or institute's infrastructure is adequate to support school improvement; (c) The readiness and apparent capacity of public school and school district or institute personnel to plan effectively and lead the implementation of appropriate actions to improve student academic performance within the district public schools or the institute charter schools; (d) The readiness and apparent capacity of public school and school district or institute personnel to engage productively with and benefit from the assistance provided by an external partner; (e) The likelihood of positive returns on state investments of assistance and support to improve the school district's or institute's performance within the current management structure and staffing; and (f) The necessity that the school district or institute remain in operation to serve students. Source: L. 2009: Entire article R&RE, (SB 09-163), ch. 293, p. 1481, § 1, effective May 21. L. 2011: (1)(d) amended, (HB 11-1277), ch. 306, p. 1476, § 6, effective August 10. L. 2014: (1.5) added, (HB 14-1182), ch. 98, p. 354, § 1, effective August 6. L. 2015: (1.5) amended and Colorado Revised Statutes 2019 Page 279 of 1211 Uncertified Printout (1.7) added, (HB 15-1323), ch. 204, pp. 716, 718, §§ 8, 11, effective May 20. L. 2017: (2)(b) amended, (SB 17-103), ch. 372, p. 1930, § 1, effective June 6. L. 2018: (1.7) repealed, (2.5) added, and IP(3) amended, (HB 18-1355), ch. 324, p. 1939, § 2, effective May 30. 22-11-209. Removal of accreditation - recommended actions - review - appeal rules. (1) The department may recommend to the commissioner and the state board that the state board remove a school district's or the institute's accreditation if: (a) and (b) Repealed. (c) (I) The school district or the institute has substantially failed to comply with the provisions of article 44 of this title, concerning budget and financial policies and procedures, or article 45 of this title, concerning accounting and financial reporting; and (II) The school district or institute has not remedied the noncompliance within ninety days after receipt of notice from the department; and (III) Loss of accreditation is required to protect the interests of the students and parents of students enrolled in the district public schools or the institute charter schools. (2) (a) If a school district or the institute is accredited with a turnaround plan and the department determines that the school district or institute has failed to make substantial progress under its turnaround plan, or if the school district or institute has been on performance watch for the full five years, the commissioner shall assign the state review panel to critically evaluate the school district's or the institute's performance and to recommend one or more of the following actions: (I) If the recommendation applies to a school district: (A) That the school district's accreditation be removed; (A.5) That the school district be reorganized pursuant to article 30 of this title 22, which reorganization may include consolidation; (B) That a private or public entity, with the agreement of the school district, serve as a lead partner in the management of the school district or partially or wholly manage one or more of the district public schools. The local school board and the department shall ensure that the private or public entity uses research-based strategies and has a proven record of success working with school districts and schools under similar circumstances. (C) That one or more of the district public schools be converted to a charter school; (D) That one or more of the district public schools be granted status as an innovation school pursuant to section 22-32.5-104 or that the local school board recognize a group of district public schools as an innovation school zone pursuant to section 22-32.5-104; or (E) That one or more of the district public schools be closed; or (II) If the recommendation applies to the institute: (A) That the institute's accreditation be removed; (A.5) That the institute board be abolished and that the governor appoint a new institute board pursuant to section 22-30.5-505; (B) That a public or private entity take over management of the institute or management of one or more of the institute charter schools; or (C) That one or more of the institute charter schools be closed. (b) In its evaluations and recommendations, the state review panel shall consider: (I) Whether the school district's or institute's leadership is adequate to implement change to improve results; Colorado Revised Statutes 2019 Page 280 of 1211 Uncertified Printout (II) Whether the school district's or institute's infrastructure is adequate to support school improvement; (III) The readiness and apparent capacity of public school and school district or institute personnel to plan effectively and lead the implementation of appropriate actions to improve student academic performance within the district public schools or the institute charter schools; (IV) The readiness and apparent capacity of public school and school district or institute personnel to engage productively with and benefit from the assistance provided by an external partner; (V) The likelihood of positive returns on state investments of assistance and support to improve the school district's or institute's performance within the current management structure and staffing; and (VI) The necessity that the school district or institute remain in operation to serve students. (3) After considering the recommendations of the commissioner and the state review panel, the state board shall determine the actions the school district or the institute is required to take and direct the local school board or the institute board accordingly. If a school district's or the institute's accreditation is removed and the district or the institute is reorganized and takes any other actions directed by the state board, the state board shall reinstate the school district's or the institute's accreditation at the accreditation category deemed appropriate by the state board. (3.5) (a) So long as a school district or the institute performs at a level that results in being accredited with priority improvement plan or lower, after the state board initially directs the school district or institute to take action as described in subsections (2) and (3) of this section, the commissioner may in any year, but shall every two years, assign the state review panel to critically evaluate the school district's or the institute's performance and recommend one or more of the actions described in subsection (2)(a) of this section. In evaluating the school district's or institute's performance and recommending actions, the state review panel shall consider the criteria specified in subsection (2)(b) of this section. The state board shall consider the recommendations of the state review panel, the actions that the school district or institute was previously directed to take, the fidelity with which the district or institute has implemented the directed actions, and whether the amount of time that the school district or institute has had to implement the actions is reasonably sufficient to achieve results. The state board shall either require the school district or institute to continue the previously directed actions or direct the school district or institute to undertake additional or different actions as provided in subsections (2) and (3) of this section. (b) Notwithstanding any provision of subsection (3.5)(a) of this section to the contrary, a school district or the institute remains subject to the provisions of this subsection (3.5) until the school district or institute performs at a level that results in being accredited with improvement plan or higher for two consecutive school years. (4) (a) The state board shall promulgate rules for the implementation of this section, including but not limited to procedures to ensure a school district's or the institute's right to appeal to the state board before the state board takes final action to remove the school district's or the institute's accreditation pursuant to this section. (b) In promulgating rules concerning the timeline by which the state board directs and a school district or the institute puts into effect one or more of the actions described in subsection (2)(a) of this section, the state board shall ensure that the timeline is designed to allow the school Colorado Revised Statutes 2019 Page 281 of 1211 Uncertified Printout district or institute to reasonably put into effect any of the actions described in subsection (2)(a) of this section by the beginning of the school year immediately following the school year in which the state board directs the action. Source: L. 2009: Entire article R&RE, (SB 09-163), ch. 293, p. 1482, § 1, effective May 21. L. 2018: (1)(a) and (1)(b) repealed, IP(2)(a), (2)(a)(I)(A), (2)(a)(I)(B), (2)(a)(II)(A), (3), and (4) amended, and (2)(a)(I)(A.5), (2)(a)(II)(A.5), and (3.5) added, (HB 18-1355), ch. 324, p. 1940, § 3, effective May 30. 22-11-210. Public schools - annual review - plans - supports and interventions rules. (1) (a) The state board shall promulgate rules establishing objective, measurable criteria that the department shall apply in recommending to the state board that a public school shall implement a performance, improvement, priority improvement, or turnaround plan or that a public school shall be subject to restructuring. In promulgating the rules, the state board shall place the greatest emphasis on attainment of the performance indicators. (a.5) The department shall notify each school district and the institute of the initial recommendation of the type of plan that each district public school or institute charter school must adopt. If a school district or the institute disagrees with one or more of the department's initial plan recommendations, the school district or institute may submit to the department a request for reconsideration. The state board shall promulgate rules specifying the information the department must take into account in determining the final plan recommendation, which may include: (I) The length of time during which the public school has been unable to meet the statewide targets; (II) The improvements, changes, and interventions the public school has implemented and is implementing to improve its performance if it is not meeting the statewide targets; (III) The progress the public school is making in improving its performance and in approaching achievement of the statewide targets and the degree to which the public school is not achieving the statewide targets; (IV) The percentage of grade levels within the public school that are required to take statewide assessments; (V) The pupil enrollment of the public school as it may affect the reliability of the assessment data; (VI) For a high school, the percentages of students enrolled in the high school who, based on attainment of course credits or demonstrated competencies, are on schedule to graduate within four, five, six, or seven years; and (VII) Any supplemental data for grade levels for which there are not statewide assessments that indicate the public school is meeting the statewide targets on the performance indicators, if the department determines the supplemental data is valid and reliable and derived from assessments that are aligned with the state standards adopted pursuant to section 22-71005. (a.6) The department shall notify each school district and the institute of the final plan recommendations for each district public school or institute charter school within the time frames adopted by rule of the state board. Colorado Revised Statutes 2019 Page 282 of 1211 Uncertified Printout (b) Notwithstanding any provision of paragraph (a) of this subsection (1) to the contrary, the state board shall promulgate rules establishing objective, measurable criteria that the department shall apply in recommending to the state board that an alternative education campus implement a performance, improvement, priority improvement, or turnaround plan or that an alternative education campus shall be subject to restructuring. The state board, in adopting the criteria for evaluating the performance of an alternative education campus, and the department, in applying the criteria, shall take into account the unique purposes of the campuses and the unique circumstances of and challenges posed by the students enrolled in the campuses. (c) In promulgating rules pursuant to this subsection (1), the state board shall use clear, understandable language to describe the criteria for determining the type of plan that a public school shall implement and the levels of attainment of the performance indicators, with the goal of providing a high degree of transparency in the public school performance review process. (d) (I) Beginning with the 2018-19 school year, if a public school performs at a level that results in being required to adopt a priority improvement or turnaround plan for two consecutive years followed by three consecutive or nonconsecutive years, resulting in a total of five years of performance at such a level, the state board shall require the school district, for a public school of the school district, or the institute, for an institute charter school, to take one of the actions described in subsection (5)(a) of this section; except that, if, before the five years have accumulated, the public school performs for at least two consecutive years at a level that results in the public school being required to adopt an improvement or performance plan, the five years stop accumulating unless the public school again performs at a level that results in being required to adopt a priority improvement or turnaround plan for two consecutive years, at which time the public school is again in the first two of the five years. For the time during which the five years of performance are accumulating, a public school is on performance watch. (II) Notwithstanding the provisions of subparagraph (I) of this paragraph (d), for purposes of calculating whether a public school is required to implement a priority improvement or turnaround plan for longer than a combined total of five consecutive school years, the department shall exclude the 2015-16 school year, during which the department does not recommend school plans as provided in subsection (2.5) of this section, from the calculation and shall count the 2016-17 school year as if it were consecutive to the 2014-15 school year. (d.5) Notwithstanding any provision of subsection (1)(d)(I) of this section to the contrary, at the request of the school district, in consultation with the affected school accountability committee and, in the case of a district charter school, with the consent of the governing board of the district charter school, or the institute, with the consent of the governing board, and in consultation with the school accountability committee, of the affected institute charter school, the state board may direct the school district, for a public school of the school district, or the institute, for an institute charter school, to take one of the actions described in subsection (5)(a) of this section even though the public school has not completed the five years of performance watch. If the state board requires the school district or institute to take one of the actions described in subsection (5)(a) of this section, the public school is subject to the provisions of subsection (5.5) of this section. (e) The state board by rule shall establish the time frames within which the department shall review each public school's performance, submit recommendations to the state board, and report to the public school and to the school's local school board or the institute the state board's determination regarding the type of plan the public school shall implement. The state board shall Colorado Revised Statutes 2019 Page 283 of 1211 Uncertified Printout also establish by rule the time frames within which the public schools, or the public schools' local school boards or the institute board as appropriate, shall adopt the school plans and submit them to the department. The department shall publish each public school's plan on the data portal with the public school's accreditation category, identified by the local school board or the institute, and supporting data. (f) In reviewing public schools' performance, the department, to the extent possible, shall evaluate the cost effectiveness of intervention strategies implemented by the state, school districts, the institute, and the public schools in attempting to improve performance in public schools that are implementing school improvement, priority improvement, or turnaround plans. (1.5) Repealed. (2) (a) The department shall annually review each public school's performance and, based on the rules of the state board, recommend to the state board that the public school shall implement a performance, improvement, priority improvement, or turnaround plan for the coming school year. Based on the department's recommendation, the state board shall notify the local school board for the public school, or the institute if the public school is an institute charter school, regarding the type of plan the public school shall implement. The local school board or the institute shall place the public school in the district or institute accreditation category that correlates to the public school's plan, based on the school district's or institute's school accreditation process. (b) (I) Notwithstanding any provision of this article to the contrary, a school district with one thousand students or fewer may submit a single plan to satisfy the school district and school plan requirements, so long as the plan meets all state and federal requirements for school and district plans. A school district with more than one thousand but fewer than one thousand two hundred students may, upon request and at the department's discretion, submit a single plan to satisfy the school district and school plan requirements, so long as the plan meets all state and federal requirements for school and district plans. (II) A school district that is authorized to submit a single plan pursuant to subparagraph (I) of this paragraph (b) and that is authorized pursuant to section 22-11-303 (4) to submit a school district performance plan every two years may submit a single plan to satisfy the school district and school plan requirements only if each of the public schools that is included in the single plan is authorized pursuant to section 22-11-403 (4) to submit a school performance plan every two years. (2.5) Notwithstanding any provision of this article, or any provision of state board rule that implements this article, to the contrary, for the 2015-16 school year, the department shall not recommend to the state board school plan types. For the 2015-16 school year, each public school shall continue to implement the school plan type that was assigned for the preceding school year. The department shall recommend to the state board school plan types for the 2016-17 school year and each school year thereafter. (2.7) Repealed. (3) At the request of a district public school's local school board, or at the institute's request for an institute charter school, the department shall provide technical assistance and support to the public school, local school board, or institute in preparing and implementing the public school's improvement, priority improvement, or turnaround plan. The department shall base the amount of technical assistance and support provided to a public school, the local school Colorado Revised Statutes 2019 Page 284 of 1211 Uncertified Printout board, or the institute on the school's degree of need for assistance and the department's available resources. Technical assistance and support may include, but need not be limited to: (a) Access to data and research to support interpretation of student data, decisionmaking, and learning; (b) Consultative services on best practices for improvement and implementation of intervention strategies, including, where appropriate, research-based strategies that address the quality and availability of early childhood education opportunities for students who reside within the neighborhood for the public school and student engagement and re-engagement; and (c) Evaluation and feedback on the public school's plan. (4) The commissioner may assign the state review panel to critically evaluate a public school's priority improvement or turnaround plan. The commissioner may require the state review panel to conduct one or more on-site visits as part of evaluating a public school's plan. Based on its evaluation, the state review panel shall report to the commissioner, the state board, and the local school board or the institute recommendations concerning: (a) Whether the public school's leadership is adequate to implement change to improve results; (b) Whether the public school's infrastructure is adequate to support school improvement; (c) The readiness and apparent capacity of the public school's personnel to plan effectively and lead the implementation of appropriate actions to improve student academic performance within the school; (d) The readiness and apparent capacity of the public school's personnel to engage productively with and benefit from the assistance provided by an external partner; (e) The likelihood of positive returns on state investments of assistance and support to improve the public school's performance within the current management structure and staffing; and (f) The necessity that the public school remain in operation to serve students. (4.5) If a public school that is an online school, as defined in section 22-30.7-102, is on performance watch and changes authorizers in its original form or as a successor school, as determined by the department pursuant to section 22-30.7-106 (9), or remains with the same authorizer but is created as a successor school, as determined by the department pursuant to section 22-30.7-106 (9), to the online school that is on performance watch, the online school or the successor school remains on performance watch under the new authorizer as if the authorizer had not changed. (5) (a) If a public school fails to make adequate progress under its turnaround plan or continues on performance watch for the full five years, the commissioner shall assign the state review panel to critically evaluate the public school's performance, which evaluation must include at least one on-site visit to the public school. Upon completing the evaluation, the state review panel shall determine whether to recommend: (I) With regard to a district public school that is not a charter school, that the district public school should be partially or wholly managed by a private or public entity other than the school district. The local school board and the department shall ensure that the private or public entity uses research-based strategies and has a proven record of success working with schools under similar circumstances. Colorado Revised Statutes 2019 Page 285 of 1211 Uncertified Printout (II) With regard to a district or institute charter school, that the public or private entity operating the charter school or the governing board of the charter school should be replaced by a different public or private entity or governing board; (III) With regard to a district public school, that the district public school be converted to a charter school if it is not already authorized as a charter school; (IV) With regard to a district public school, that the district public school be granted status as an innovation school pursuant to section 22-32.5-104; or (V) That the public school be closed or, with regard to a district charter school or an institute charter school, that the public school's charter be revoked. (b) The state review panel shall present its recommendations to the commissioner and to the state board. Taking the recommendations into account, the state board shall determine which of the actions described in paragraph (a) of this subsection (5) the local school board for a district public school or the institute for an institute charter school shall take regarding the public school and direct the local school board or institute accordingly. (c) Notwithstanding any provision of this section to the contrary, for the 2015-16 school year and based on ratings given during the 2015-16 school year, the state board may direct the local school board for a district public school or the institute for an institute charter school to take an action concerning the public school that is not listed in paragraph (a) of this subsection (5) but that has comparable significance and effect. (d) The priority improvement or turnaround plan that a public school adopts for the fourth year in which the public school is on performance watch must include a general explanation for how the school district, for a district public school, or the institute, for an institute charter school, may put into effect each of the actions described in subsection (5)(a) of this section as they pertain to a district public school, district charter school, or institute charter school. (e) In promulgating rules concerning the timeline by which the state board directs and a school district, for a district public school, or the institute, for an institute charter school, puts into effect one or more of the actions described in subsection (5)(a) of this section, the state board shall ensure that the timeline is designed to allow the school district or institute to reasonably put into effect any of the actions described in subsection (5)(a) of this section by the beginning of the school year immediately following the school year in which the state board directs the action. (5.5) (a) So long as a public school performs at a level that results in being required to implement a priority improvement or turnaround plan, after the state board initially directs the local school board or institute board to take action as provided in subsection (5)(b) of this section, the commissioner may in any year, but shall every two years, assign the state review panel to critically evaluate the public school's performance and recommend one or more of the actions described in subsection (5)(a) of this section. In evaluating the public school's performance and recommending actions, the state review panel shall consider the criteria specified in subsection (4) of this section. The state board shall consider the recommendations of the state review panel, the actions that the local school board or institute board was previously directed to take with regard to the public school, the fidelity with which the school district or institute and the public school have implemented the directed actions, and whether the amount of time that the school district or institute and the public school have had to implement the actions is reasonably sufficient to achieve results. The state board shall either require the local school Colorado Revised Statutes 2019 Page 286 of 1211 Uncertified Printout board or institute board to continue the previously directed actions or direct the local school board or institute board to undertake additional or different actions as provided in subsection (5)(b) of this section. (b) Notwithstanding any provision of subsection (5.5)(a) of this section to the contrary, a public school remains subject to the provisions of this subsection (5.5) until the public school performs at a level that results in being required to implement an improvement or performance plan for two consecutive school years. (6) If a public school is restructured, the department, to the extent possible, shall track the students enrolled in the public school in the school year preceding the restructuring to determine whether the students reenroll in the public school the following school year or transfer to another public school of the school district, an institute charter school, or a public school of another school district in the state. The department shall provide the student tracking information, without personally identifying the students, to the local school board or the institute upon request. Source: L. 2009: Entire article R&RE, (SB 09-163), ch. 293, p. 1485, § 1, effective May 21. L. 2011: (2) amended, (HB 11-1277), ch. 306, p. 1476, § 7, effective August 10. L. 2014: (2)(b) amended, (HB 14-1204), ch. 292, p. 1195, § 3, effective May 31; (2.5) and (5)(c) added, (HB 14-1182), ch. 98, p. 355, § 2, effective August 6. L. 2015: (1)(d) and (2.5) amended and (2.7) added, (HB 15-1323), ch. 204, pp. 716, 718, §§ 9, 12, effective May 20; (1.5) added, (HB 15-1350), ch. 316, p. 1293, § 2, effective June 5. L. 2016: (2)(b)(II) amended, (HB 16-1440), ch. 316, p. 1276, § 1, effective August 10. L. 2017: (3)(b) amended, (SB 17-103), ch. 372, p. 1930, § 2, effective June 6. L. 2018: (1)(a), (1)(d)(I), IP(4), IP(5)(a), and (5)(a)(I) amended, (1)(a.5), (1)(a.6), (1)(d.5), (5)(d), (5)(e), and (5.5) added, and (2.7) repealed, (HB 18-1355), ch. 324, p. 1942, § 4, effective May 30. L. 2019: (4.5) added, (SB 19-129), ch. 89, p. 332, § 4, effective April 10. Editor's note: Subsection (1.5)(d) provided for the repeal of subsection (1.5), effective July 1, 2017. (See L. 2015, p. 1293.) Cross references: For the legislative declaration in HB 15-1350, see section 1 of chapter 316, Session Laws of Colorado 2015. 22-11-211. Performance watch - parent and community meeting - school districts institute - public schools. (1) (a) In the third year in which a school district or the institute is accredited with priority improvement plan or lower while on performance watch, the school district or institute, whichever is applicable, shall host a parent and community meeting to discuss the school district's or the institute's accreditation level. The appropriate department personnel shall attend the meeting. The school district or institute personnel and the department personnel shall ensure that the following information is presented at the meeting: (I) An explanation of the accreditation and accountability system; (II) The possible outcomes of being on performance watch; (III) The reasons for which the school district or institute is accredited with priority improvement plan or lower; Colorado Revised Statutes 2019 Page 287 of 1211 Uncertified Printout (IV) The options immediately available to the school district or institute for improving performance; (V) The other school options available to students; and (VI) The actions the state board may require the school district or institute to take if its performance does not significantly improve while on performance watch. (b) Information concerning ways in which parents and members of the community may support improvement efforts in the public schools of the school district or institute charter schools may also be presented at the parent and community meeting. (c) Notwithstanding the provisions of subsection (1)(a) of this section to the contrary, a school district, in consultation with the district accountability committee, or the institute may choose to hold the parent and community meeting in the second year in which the school district or institute is accredited with priority improvement plan or lower while on performance watch. (2) (a) In the third year in which a public school is required to adopt a priority improvement or turnaround plan while on performance watch, the public meeting required in section 22-32-142 (2) for a district public school and section 22-30.5-520 (2) for an institute charter school must include a parent and community meeting for the public school to discuss the level of performance plan that the public school is required to adopt. The appropriate department personnel shall attend the meeting. The school district or institute personnel and the department personnel shall ensure that the information specified in subsection (1)(a) of this section, as it applies to the public school, is presented at the meeting. The school district or institute shall ensure that the educational leaders at the public school and parents of students enrolled in the public school also have an opportunity to present information concerning the public school. Information concerning ways in which parents and members of the community may support improvement efforts in the public school may also be presented at the parent and community meeting. (b) Notwithstanding the provisions of subsection (2)(a) of this section to the contrary, a school district, on behalf of a public school of the school district, or the institute, on behalf of an institute charter school, may choose to hold the parent and community meeting in the second year in which the public school is required to adopt a priority improvement or turnaround plan while on performance watch. The school district may hold the public meeting in the second year only after consulting with the affected school accountability committee and, in the case of a district charter school, obtaining the consent of the governing board of the district charter school. The institute may hold the public meeting in the second year only with the consent of the governing board of the institute charter school and after consulting with the affected school accountability committee. (3) (a) A school district shall ensure that local school board members, school district personnel, public school personnel, local parent advocacy organizations, and the general community receive information concerning each parent and community meeting held for the school district or for a public school of the school district. (b) The institute shall ensure that institute board members, institute and institute charter school personnel, local parent advocacy organizations, and the general community receive information concerning each parent and community meeting held for the institute or for an institute charter school. (c) Upon the request of a school district or the institute, the department, within existing resources, may provide technical assistance in creating a communication plan for a parent and Colorado Revised Statutes 2019 Page 288 of 1211 Uncertified Printout community meeting for the school district, the institute, or a public school. For a school district or institute meeting, the school district or institute, working with the department, shall individually notify the parents of students enrolled in the public schools of the school district or the institute charter schools of the meeting and invite them to attend. For a public school meeting, the school district or institute shall individually notify the parents of the students enrolled in the public school and invite them to the meeting. The school district or institute shall determine the form of the parental notification in cooperation with the department. If necessary, the department may request proof of distribution to individual parents from the school district or institute. Source: L. 2018: Entire section added, (HB 18-1355), ch. 324, p. 1946, § 5, effective May 30. PART 3 SCHOOL DISTRICT AND INSTITUTE ACCOUNTABILITY 22-11-301. School district accountability committees - creation - membership. (1) Each local school board shall appoint or create a process for the election of a school district accountability committee that shall consist of: (a) At least three parents of students enrolled in the district public schools; (b) At least one teacher who is employed by the school district; (c) At least one school administrator who is employed by the school district; and (d) At least one person who is involved in business or industry in the community within the school district boundaries. (2) (a) A person may not be appointed or elected to fill more than one of the member positions required in subsection (1) of this section in a single term. (b) If a local school board chooses to increase the number of persons on the school district accountability committee, it shall ensure that the number of parents appointed or elected to the committee pursuant to paragraph (a) of subsection (1) of this section exceeds the number of representatives from the group with the next highest representation. (c) (I) Except as otherwise provided in subparagraph (II) of this paragraph (c), a parent shall not be eligible to serve on a school district accountability committee if he or she is employed by, or is a relative of a person who is employed by, the school district, including being employed at a public school of the school district. (II) If a school district makes a good faith effort but is unable to identify a sufficient number of parents who are willing to serve on a school district accountability committee and who are not excluded from serving as provided in subparagraph (I) of this paragraph (c), one or more parents who are employed by, or are related to a person who is employed by, the school district, including being employed at a public school of the school district, may serve on the school district accountability committee. (III) As used in this paragraph (c), unless the context otherwise requires, "related" or "relative" means a person's spouse, son, daughter, sister, brother, mother, or father. Colorado Revised Statutes 2019 Page 289 of 1211 Uncertified Printout (3) If a local school board appoints the members of the school district accountability committee, the local school board, to the extent practicable, shall ensure that the parents who are appointed reflect the student populations that are significantly represented within the school district. Said student populations may include, but need not be limited to: (a) Students who are members of non-Caucasian races; (b) Students who are eligible for free or reduced-cost lunch through the federal "Richard B. Russell National School Lunch Act", 42 U.S.C. sec. 1751 et seq.; (c) Students who are English language learners, as defined in section 22-24-103 (4); (d) Students who are migrant children, as defined in section 22-23-103 (2); (e) Students who are identified as children with disabilities pursuant to section 22-20108; and (f) Students who are identified as gifted children, as defined in section 22-20-202 (11). (4) If a local school board appoints the members of the school district accountability committee, the local school board, to the extent practicable, shall ensure that: (a) At least one of the parents appointed to the committee is the parent of a student enrolled in a charter school authorized by the local school board, if the local school board has authorized any charter schools; and (b) At least one of the persons appointed to the committee has a demonstrated knowledge of charter schools. (5) The members of each school district accountability committee shall select from among the parent representatives serving on the committee a member to serve as chair or cochair of the committee. The local school board shall establish the length of term for which the committee chair or co-chair shall serve. Source: L. 2009: Entire article R&RE, (SB 09-163), ch. 293, p. 1488, § 1, effective May 21. L. 2010: (3)(c) amended, (SB 10-062), ch. 168, p. 595, § 10, effective April 29. L. 2011: (3)(f) amended, (HB 11-1077), ch. 30, p. 84, § 14, effective August 10. L. 2014: (3)(c) amended, (HB 14-1298), ch. 244, p. 935, § 18, effective May 21; (3)(f) amended, (HB 14-1102), ch. 330, p. 1471, § 9, effective August 6. L. 2015: (1)(d) amended, (HB 15-1170), ch. 224, p. 822, § 2, effective May 26; (3)(c) amended, (SB 15-264), ch. 259, p. 955, § 49, effective August 5. Editor's note: This section, as it existed prior to 2009, was relocated to § 22-11-601. 22-11-302. School district accountability committee - powers and duties. (1) Each school district accountability committee has the following powers and duties: (a) To recommend to its local school board priorities for spending school district moneys. Whenever the school district accountability committee recommends spending priorities, it shall make reasonable efforts to consult in a substantive manner with the school accountability committees of the school district. The local school board shall consider the school district accountability committee's recommendations in adopting the school district budget for each fiscal year pursuant to article 44 of this title. (b) To advise its local school board concerning preparation of, and annually submit to the local school board recommendations regarding the contents of, a district performance, improvement, priority improvement, or turnaround plan, whichever is required based on the school district's accreditation category. In advising and preparing the recommendations, the Colorado Revised Statutes 2019 Page 290 of 1211 Uncertified Printout school district accountability committee shall make reasonable efforts to consult in a substantive manner with the school accountability committees of the school district and shall compile and submit to the local school board the school performance, improvement, priority improvement, and turnaround plans submitted by the school accountability committees pursuant to sections 2211-403 to 22-11-406. (c) If the local school board receives a charter school application, to review the charter application prior to consideration by the local school board as provided in section 22-30.5-107 (1); (d) To provide input and recommendations on an advisory basis to principals concerning the development and use of assessment tools used for the purpose of measuring and evaluating student academic growth as it relates to teacher evaluations; (e) To consider input and recommendations from the school accountability committee of each school of the school district to facilitate the evaluation of the performance of the school's principal for the purposes of article 9 of this title; (f) To provide input to the local school board concerning the creation and enforcement of its school conduct and discipline code; (g) To increase the level of parent engagement in the school district and in the public schools of the school district, especially the engagement of parents of students in the populations described in section 22-11-301 (3). The committee's activities to increase parent engagement must include, but need not be limited to: (I) Publicizing opportunities to serve and soliciting parents to serve on the school district accountability committee and school accountability committees. In soliciting parents to serve on the school district and school accountability committees, the school district accountability committee shall direct the outreach efforts to help ensure that the parents who serve on the district and school accountability committees reflect the student populations that are significantly represented within the school district and the school, as provided in section 22-11301 (3). (II) Assisting the school district in implementing the parent engagement policy adopted by the local school board pursuant to section 22-32-142; and (III) Assisting school personnel to increase parents' engagement with educators, including but not limited to parents' engagement in creating students' READ plans pursuant to part 12 of article 7 of this title, in creating individual career and academic plans pursuant to section 22-32-109 (1)(oo), and in creating plans to address habitual truancy pursuant to section 22-33-107 (3). (h) To meet at least quarterly to discuss whether school district leadership, personnel, and infrastructure are advancing or impeding implementation of the school district's performance, improvement, priority improvement, or turnaround plan, whichever is applicable, or other progress pertinent to the school district's accreditation contract. (2) The local school board and the school district accountability committee shall, at least annually, cooperatively determine the areas and issues, in addition to budget issues, that the school district accountability committee shall study and concerning which the committee may make recommendations to the local school board. (3) Notwithstanding any provision of subsection (1) of this section to the contrary, the district accountability committee for a school district is not required to implement the requirements specified in paragraph (g) of subsection (1) of this section if the department Colorado Revised Statutes 2019 Page 291 of 1211 Uncertified Printout determines that the school district is rural, based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area, and the school district enrolls fewer than one thousand students in kindergarten through twelfth grade. Source: L. 2009: Entire article R&RE, (SB 09-163), ch. 293, p. 1490, § 1, effective May 21. L. 2010: (1)(d) and (1)(e) added, (SB 10-191), ch. 241, p. 1069, § 8, effective May 20. L. 2012: (1)(e) amended and (1)(f) added, (HB 12-1345), ch. 188, p. 744, § 27, effective May 19. L. 2013: IP(1), (1)(e), and (1)(f) amended and (1)(g) added, (SB 13-193), ch. 355, p. 2070, § 1, effective May 28. L. 2015: (3) added, (HB 15-1321), ch. 217, p. 797, § 2, effective May 22. L. 2018: (1)(f) amended and (1)(h) added, (HB 18-1355), ch. 324, p. 1952, § 13, effective May 30. Editor's note: This section, as it existed prior to 2009, was relocated to § 22-11-602. 22-11-303. Accredited or accredited with distinction - performance plan - school district or institute - contents - adoption. (1) (a) In accordance with time frames specified in state board rules, each local school board that is accredited or accredited with distinction shall annually adopt a performance plan for the school district as described in subsection (3) of this section. (b) The school district accountability committee for the school district shall advise the local school board concerning preparation of the district performance plan and make recommendations to the local school board concerning the contents of the district performance plan. In advising and making its recommendations, the school district accountability committee shall take into account and incorporate any district public school performance, improvement, priority improvement, or turnaround plans received pursuant to sections 22-11-403 to 22-11-406. The local school board shall create and adopt the district performance plan, taking into account the advice and recommendations of the school district accountability committee. (c) The local school board shall submit the adopted district performance plan to the department for publication on the data portal and shall ensure that the district performance plan is in effect for the school district and the district public schools within the time frames specified in state board rule. The local school board shall also make copies of the district performance plan available to members of the public upon request. (2) (a) In accordance with time frames specified in state board rules, the institute board, if it is accredited or accredited with distinction, shall annually adopt an institute performance plan as described in subsection (3) of this section. (b) Prior to creating the institute performance plan, the institute shall compile the institute charter school performance, improvement, priority improvement, and turnaround plans prepared for each institute charter school pursuant to sections 22-11-403 to 22-11-406. The institute shall take the compilation of plans into account in creating and adopting the institute performance plan. (c) The institute shall submit the adopted institute performance plan to the department for publication on the data portal and shall ensure that the institute performance plan is in effect for the institute and the institute charter schools within the time frames specified in state board rule. The institute shall also make copies of the institute performance plan available to members of the public upon request. Colorado Revised Statutes 2019 Page 292 of 1211 Uncertified Printout (3) A district or institute performance plan shall be designed to raise the academic performance of students enrolled in the school district or in the institute charter schools and to ensure that the school district or the institute, following the next annual accreditation review, attains a higher accreditation category or remains in the same accreditation category if the school district or institute is accredited with distinction. At a minimum, each district and institute performance plan shall: (a) Set, reaffirm, or revise, as appropriate, ambitious but attainable targets that the school district, including the district public schools, or the institute, including the institute charter schools, shall attain on the performance indicators. The local school board or the institute shall ensure that the targets are aligned with the statewide targets set by the state board pursuant to section 22-11-201. (a.5) Identify the strategies to be used in addressing the needs of students enrolled in kindergarten and first, second, and third grade who are identified pursuant to section 22-7-1205 as having significant reading deficiencies and set, reaffirm, or revise, as appropriate, ambitious but attainable targets that the school district, including the district public schools, or the institute, including the institute charter schools, shall attain in reducing the number of students who have significant reading deficiencies and in ensuring that each student achieves grade level expectations in reading; (b) Identify positive and negative trends for district public schools as a group and individually or for institute charter schools as a group and individually in the levels of attainment by the public schools as a group and individually on the performance indicators; (c) Assess and prioritize the issues and needs for the school district and for the individual district public schools or for the institute and for the individual institute charter schools that must be addressed to raise the levels of attainment on the performance indicators by the district public schools or the institute charter schools and to improve school readiness in district public schools or institute charter schools that serve students in preschool and kindergarten; (d) Identify specific, research-based strategies to address the needs and issues identified pursuant to paragraph (c) of this subsection (3); (e) Identify the local, state, and federal resources that the school district or the institute will use to implement the identified strategies with fidelity; and (f) Address any other issues required by rule of the state board or raised by the department through the accreditation process pursuant to part 2 of this article. (4) (a) Notwithstanding the provisions of paragraph (a) of subsection (1) or paragraph (a) of subsection (2) of this section to the contrary, the local school board of a school district or the institute board may adopt and submit to the department a school district performance plan for the school district or the institute as described in subsection (3) of this section every two years so long as the school district or the institute maintains the status of accredited or accredited with distinction. (b) Repealed. Source: L. 2009: Entire article R&RE, (SB 09-163), ch. 293, p. 1491, § 1, effective May 21. L. 2012: (3)(a.5) amended, (HB 12-1238), ch. 180, p. 668, § 5, effective July 1. L. 2014: (4) added, (HB 14-1204), ch. 292, p. 1194, § 1, effective May 31. L. 2016: (4)(a) amended and (4)(b) repealed, (HB 16-1440), ch. 316, p. 1276, § 2, effective August 10. Colorado Revised Statutes 2019 Page 293 of 1211 Uncertified Printout Editor's note: This section, as it existed prior to 2009, was relocated to § 22-11-604. 22-11-304. Accredited with improvement plan - school district or institute - plan contents - adoption. (1) (a) In accordance with the time frames specified in state board rule, each school district that is accredited with improvement plan shall annually adopt and implement a district improvement plan as described in subsection (3) of this section. (b) The school district accountability committee for the school district shall advise the local school board concerning preparation of the district improvement plan and make recommendations to the local school board concerning the contents of the district improvement plan. In advising and making its recommendations, the school district accountability committee shall take into account and incorporate any district public school performance, improvement, priority improvement, or turnaround plans received pursuant to sections 22-11-403 to 22-11-406. The local school board shall create and adopt the district improvement plan, taking into account the advice and recommendations of the school district accountability committee. (c) The local school board shall submit the adopted district improvement plan to the department for publication on the data portal and shall ensure that the district improvement plan is in effect for the school district and the district public schools within the time frames specified in state board rule. The local school board shall also make copies of the district improvement plan available to members of the public upon request. (2) (a) If the institute is accredited with improvement plan, the institute board shall, in accordance with the time frames specified in state board rule, adopt and implement an institute improvement plan as described in subsection (3) of this section. In preparing the institute improvement plan, the institute board shall take into account and incorporate any institute charter school performance, improvement, priority improvement, and turnaround plans received pursuant to sections 22-11-403 to 22-11-406. (b) The institute shall submit the adopted institute improvement plan to the department for publication on the data portal and shall ensure that the institute improvement plan is in effect for the institute and the institute charter schools within the time frames specified by state board rule. The institute shall also make copies of the institute improvement plan available to members of the public upon request. (3) A district improvement plan or an institute improvement plan shall be designed to ensure that the school district or the institute improves its performance to the extent that, following completion of its next annual accreditation review, the school district or the institute attains a higher accreditation category. At a minimum, a district improvement plan or an institute improvement plan shall: (a) Set or revise, as appropriate, ambitious but attainable targets that the school district, including the district public schools, or the institute, including the institute charter schools, shall attain on the performance indicators. The local school board or the institute shall ensure that the targets are aligned with the statewide targets set by the state board pursuant to section 22-11201. (a.5) Identify the strategies to be used in addressing the needs of students enrolled in kindergarten and first, second, and third grade who are identified pursuant to section 22-7-1205 as having significant reading deficiencies and set or revise, as appropriate, ambitious but attainable targets that the school district, including the district public schools, or the institute, including the institute charter schools, shall attain in reducing the number of students who have Colorado Revised Statutes 2019 Page 294 of 1211 Uncertified Printout significant reading deficiencies and in ensuring that each student achieves grade level expectations in reading; (b) Identify positive and negative trends for district public schools as a group and individually or for institute charter schools as a group and individually in the levels of attainment by the public schools as a group and individually on the performance indicators; (c) Assess and prioritize the issues and needs of the district or institute and of the district public schools or institute charter schools that must be addressed to raise the levels of attainment on the performance indicators by the district public schools or institute charter schools and to improve school readiness in district public schools or institute charter schools that serve students in preschool and kindergarten; (d) Identify specific, research-based strategies that are appropriate in scope, intensity, and type to address the needs and issues identified pursuant to paragraph (c) of this subsection (3); (e) Identify the local, state, and federal resources that the school district or the institute will use to implement the identified strategies with fidelity; and (f) Address any other issues required by rule of the state board or raised by the department through the accreditation process pursuant to part 2 of this article. Source: L. 2009: Entire article R&RE, (SB 09-163), ch. 293, p. 1492, § 1, effective May 21. L. 2012: (3)(a.5) added, (HB 12-1238), ch. 180, p. 669, § 6, effective July 1. Editor's note: This section, as it existed prior to 2009, was relocated to § 22-11-605. 22-11-305. Accredited with priority improvement plan - school district or institute plan contents - adoption. (1) (a) In accordance with the time frames specified in state board rule, each school district that is accredited with priority improvement plan shall annually adopt and implement a district priority improvement plan as described in subsection (3) of this section. (b) The school district accountability committee for the school district shall advise the local school board concerning preparation of the district priority improvement plan and make recommendations to the local school board concerning the contents of the district priority improvement plan. In advising and making its recommendations, the school district accountability committee shall take into account and incorporate any district public school performance, improvement, priority improvement, or turnaround plans received pursuant to sections 22-11-403 to 22-11-406. The local school board shall create and adopt the district priority improvement plan, taking into account the advice and recommendations of the school district accountability committee. (c) The commissioner, subject to available appropriations, may assign the state review panel to critically evaluate the district priority improvement plan and recommend to the commissioner modifications to the plan. The commissioner may recommend to the local school board modifications to the district priority improvement plan, taking into consideration any recommendations of the state review panel. (d) The local school board shall submit the adopted district priority improvement plan to the department for publication on the data portal and shall ensure that the district priority improvement plan is in effect for the school district and the district public schools within the Colorado Revised Statutes 2019 Page 295 of 1211 Uncertified Printout time frames specified in state board rule. The local school board shall also make copies of the district priority improvement plan available to members of the public upon request. (2) (a) If the institute is accredited with priority improvement plan, the institute board shall, in accordance with the time frames specified in state board rule, adopt and implement an institute priority improvement plan as described in subsection (3) of this section. In preparing the institute priority improvement plan, the institute board shall take into account and incorporate any institute charter school performance, improvement, priority improvement, and turnaround plans received pursuant to sections 22-11-403 to 22-11-406. (b) The commissioner, subject to available appropriations, may assign the state review panel to critically evaluate the institute priority improvement plan and recommend to the commissioner modifications to the plan. The commissioner may recommend to the institute modifications to the institute priority improvement plan, taking into consideration any recommendations of the state review panel. (c) The institute shall submit the adopted institute priority improvement plan to the department for publication on the data portal and shall ensure that the institute priority improvement plan is in effect for the institute and the institute charter schools within the time frames specified by state board rule. The institute shall also make copies of the institute priority improvement plan available to members of the public upon request. (3) A district priority improvement plan or an institute priority improvement plan must be designed to ensure that the school district or the institute improves its performance to the extent that, following completion of its next annual accreditation review, the school district or the institute attains a higher accreditation category. At a minimum, a district priority improvement plan or an institute priority improvement plan must: (a) Set or revise, as appropriate, ambitious but attainable targets that the school district, including the district public schools, or the institute, including the institute charter schools, shall attain on the performance indicators. The local school board or the institute shall ensure that the targets are aligned with the statewide targets set by the state board pursuant to section 22-11201. (a.5) Identify the strategies to be used in addressing the needs of students enrolled in kindergarten and first, second, and third grade who are identified pursuant to section 22-7-1205 as having significant reading deficiencies and set or revise, as appropriate, ambitious but attainable targets that the school district, including the district public schools, or the institute, including the institute charter schools, shall attain in reducing the number of students who have significant reading deficiencies and in ensuring that each student achieves grade level expectations in reading; (b) Identify positive and negative trends for district public schools as a group and individually or for institute charter schools as a group and individually in the levels of attainment by the public schools as a group and individually on the performance indicators; (c) Assess and prioritize the issues and needs of the district or institute and of the district public schools or institute charter schools that must be addressed to raise the levels of attainment on the performance indicators by the district public schools or institute charter schools and to improve school readiness in district public schools or institute charter schools that serve students in preschool and kindergarten. If a school district includes a district public school that is operating under a priority improvement or turnaround plan and enrolls students in kindergarten or any of grades one through three, the needs assessment for the school district shall include, but Colorado Revised Statutes 2019 Page 296 of 1211 Uncertified Printout shall not be limited to, the early childhood learning needs assessment described in subsection (4) of this section. (d) Identify specific, research-based strategies that are appropriate in scope, intensity, and type to address the needs and issues identified pursuant to paragraph (c) of this subsection (3); (e) Identify the local, state, and federal resources that the school district or the institute will use to implement the identified strategies with fidelity; and (f) Address any other issues required by rule of the state board or raised by the department through the accreditation process pursuant to part 2 of this article. (4) An early childhood learning needs assessment must determine the extent to which: (a) There are quality early childhood programs existing within the geographic boundaries of the school district; (b) Children are enrolled in publicly funded early learning and development programs within the school district or in private early learning and development programs that participate in the Colorado shines quality rating and improvement system established in section 26-6.5-106; (c) The school district and the district public schools work with an early childhood council established pursuant to part 1 of article 6.5 of title 26 or early childhood community agencies existing within the school district; (d) The school district and the district public schools collaborate with early childhood providers and programs regarding students' transition from preschool to kindergarten; (e) Teachers employed by the school district or the district public schools to teach kindergarten or one of grades one through three have early childhood teaching credentials; (f) Joint professional development opportunities, including opportunities for educator collaboration, are available within the school district for early childhood providers, teachers, and principals; (g) The school district and the district public schools have a current parent engagement plan and provide ample opportunities for parent and family engagement in preschool through third grade; and (h) Other early childhood resources, such as home visitation, early intervention services, library programs for young children, and family resource centers, are available to families who reside within the school district. Source: L. 2009: Entire article R&RE, (SB 09-163), ch. 293, p. 1494, § 1, effective May 21. L. 2012: (3)(a.5) added, (HB 12-1238), ch. 180, p. 669, § 7, effective July 1. L. 2017: IP(3) and (3)(c) amended and (4) added, (SB 17-103), ch. 372, p. 1931, § 3, effective June 6. L. 2018: (4)(b) amended, (SB 18-099), ch. 90, p. 727, § 11, effective August 8. Editor's note: This section, as it existed prior to 2009, was relocated to § 22-11-603. 22-11-306. Accredited with turnaround plan - school district or institute - plan content - adoption. (1) (a) In accordance with the time frames specified in state board rule, each school district that is accredited with turnaround plan shall annually adopt and implement a district turnaround plan as described in subsection (3) of this section. (b) The school district accountability committee for the school district shall advise the local school board concerning preparation of the district turnaround plan and make Colorado Revised Statutes 2019 Page 297 of 1211 Uncertified Printout recommendations to the local school board concerning the contents of the district turnaround plan. In advising and making its recommendations, the school district accountability committee shall take into account and incorporate any district public school performance, improvement, priority improvement, or turnaround plans received pursuant to sections 22-11-403 to 22-11-406. The local school board shall create and adopt the district turnaround plan, taking into account the advice and recommendations of the school district accountability committee. (c) Within the time frames specified in state board rule, the local school board shall submit the adopted district turnaround plan to the commissioner for review. The commissioner may assign the state review panel to review the turnaround plan, in which case the state review panel shall critically evaluate the adopted district turnaround plan and make recommendations to the commissioner and the state board concerning the issues specified in section 22-11-208 (3). The commissioner may approve the adopted district turnaround plan or suggest modifications to the plan, taking into consideration any recommendations of the state review panel. The local school board shall revise the adopted district turnaround plan, if necessary, and resubmit the plan for approval within the time frames specified by state board rule. (d) The local school board shall submit the final, approved district turnaround plan to the department for publication on the data portal and shall ensure that the final, approved district turnaround plan is in effect for the school district and the district public schools within the time frames specified in state board rule. The local school board shall also make copies of the final, approved district turnaround plan available to members of the public upon request. (2) (a) If the institute is accredited with turnaround plan, the institute board shall, in accordance with the time frames specified in state board rule, adopt and implement an institute turnaround plan as described in subsection (3) of this section. In preparing the institute turnaround plan, the institute board shall take into account and incorporate any institute charter school performance, improvement, priority improvement, and turnaround plans received pursuant to sections 22-11-403 to 22-11-406. (b) Within the time frames specified in state board rule, the institute shall submit the adopted institute turnaround plan to the commissioner for review. The commissioner may assign the state review panel to review the turnaround plan, in which case the state review panel shall critically evaluate the adopted institute turnaround plan and make recommendations to the commissioner and the state board concerning the issues specified in section 22-11-208 (3). The commissioner shall approve the adopted institute turnaround plan or suggest modifications to the plan, taking into consideration any recommendations of the state review panel. The institute shall revise the adopted institute turnaround plan, if necessary, and resubmit the plan for approval within the time frames specified by state board rule. (c) The institute shall submit the final, approved institute turnaround plan to the department for publication on the data portal and shall ensure that the final, approved institute turnaround plan is in effect for the institute and the institute charter schools within the time frames specified by state board rule. The institute shall also make copies of the final, approved institute turnaround plan available to members of the public upon request. (3) A district turnaround plan or an institute turnaround plan must be designed to ensure that the school district or the institute improves its performance to the extent that, following completion of its next annual accreditation review, the school district or the institute attains a higher accreditation category. At a minimum, a district turnaround plan or an institute turnaround plan must: Colorado Revised Statutes 2019 Page 298 of 1211 Uncertified Printout (a) Set or revise, as appropriate, ambitious but attainable targets that the school district, including the district public schools, or the institute, including the institute charter schools, shall attain on the performance indicators. The local school board or the institute shall ensure that the targets are aligned with the statewide targets set by the state board pursuant to section 22-11201. (a.5) Identify the strategies to be used in addressing the needs of students enrolled in kindergarten and first, second, and third grade who are identified pursuant to section 22-7-1205 as having significant reading deficiencies and set or revise, as appropriate, ambitious but attainable targets that the school district, including the district public schools, or the institute, including the institute charter schools, shall attain in reducing the number of students who have significant reading deficiencies and in ensuring that each student achieves grade level expectations in reading; (b) Identify positive and negative trends for district public schools as a group and individually or for institute charter schools as a group and individually in the levels of attainment by the public schools as a group and individually on the performance indicators; (c) Assess and prioritize the issues and needs of the district or institute and of the district public schools or institute charter schools that must be addressed to raise the levels of attainment on the performance indicators by the district public schools or institute charter schools and to improve school readiness in district public schools or institute charter schools that serve students in preschool and kindergarten. If a school district includes a district public school that is operating under a priority improvement or turnaround plan and enrolls students in kindergarten or any of grades one through three, the needs assessment for the school district shall include, but shall not be limited to, the early childhood learning needs assessment described in section 22-11305 (4). (d) Identify specific, research-based strategies that are appropriate in scope, intensity, and type to address the needs and issues identified pursuant to paragraph (c) of this subsection (3), which strategies shall, at a minimum, include one or more of the following: (I) Employing a lead turnaround partner that uses research-based strategies and has a proven record of success working with schools under similar circumstances, which turnaround partner shall be immersed in all aspects of developing and collaboratively executing the turnaround plan and shall serve as a liaison to other school partners; (II) Reorganizing the oversight and management structure within the school district or the institute to provide greater, more effective support for public schools; (III) For a school district, recognizing individual district public schools as innovation schools or clustering district public schools with similar governance or management structures into one or more innovation school zones and seeking designation as a district of innovation pursuant to article 32.5 of this title; (IV) Hiring an entity that uses research-based strategies and has a proven record of success working with schools under similar circumstances to operate one or more district public schools or institute charter schools pursuant to a contract with the local school board or the institute; (V) For a school district, converting one or more district public schools to charter schools; (VI) For the institute, renegotiating and significantly restructuring an institute charter school's charter contract; Colorado Revised Statutes 2019 Page 299 of 1211 Uncertified Printout (VII) Closing district public schools or institute charter schools; and (VIII) Other actions of comparable or greater significance or effect; (e) Identify the local, state, and federal resources that the school district or the institute will use to implement the identified strategies with fidelity; and (f) Address any other issues required by rule of the state board or raised by the department through the accreditation process pursuant to part 2 of this article. Source: L. 2009: Entire article R&RE, (SB 09-163), ch. 293, p. 1496, § 1, effective May 21. L. 2011: (1)(c) amended, (HB 11-1277), ch. 306, p. 1474, § 4, effective August 10. L. 2012: (3)(a.5) added, (HB 12-1238), ch. 180, p. 669, § 8, effective July 1. L. 2017: IP(3) and (3)(c) amended, (SB 17-103), ch. 372, p. 1932, § 4, effective June 6. L. 2018: (1)(c) and (2)(b) amended, (HB 18-1355), ch. 324, p. 1948, § 7, effective May 30. 22-11-307. Accreditation of public schools. (1) The local school board for each school district shall adopt policies for accreditation of the district public schools. The institute board shall adopt policies for accreditation of the institute charter schools. Each school district's and the institute's school accreditation policies, at a minimum, shall include: (a) The use of accreditation contracts that are comparable to the accreditation contract between a school district or the institute and the state board, as described in section 22-11-206; (b) Accreditation categories that are comparable to the accreditation categories for school districts and the institute specified in section 22-11-207; (c) Determination of a public school's accreditation category based on the public school's level of attainment of the performance indicators; and (d) Adoption and implementation of school performance, improvement, priority improvement, and turnaround plans as required by the state board pursuant to section 22-11-210 (1) and as described in sections 22-11-403 to 22-11-406. (2) In adopting its school accreditation policies, a local school board or the institute board may choose to be more rigorous in expectations and in the imposition of remedial actions than the system for accreditation of school districts and the institute specified in the provisions of part 2 of this article and the rules adopted pursuant to said part 2. (2.5) In adopting its school accreditation policies for its online schools, as defined in section 22-30.7-102 (9.5), a local school board or the institute board shall include a review of the online school's alignment to the quality standards outlined in section 22-30.7-105 (3)(b). (3) Each local school board shall annually assign each of its district public schools to an accreditation category that correlates with the type of plan that the department determines, pursuant to section 22-11-210, the district public school is required to adopt. The institute shall annually assign each institute charter school to an accreditation category that correlates with the type of plan that the department determines, pursuant to section 22-11-210, the institute charter school is required to adopt. (4) If, pursuant to section 22-11-210 (5), the state board directs a local school board or the institute to restructure or close a public school, the local school board or the institute shall work with the department to implement the state board's directions. (5) (a) If a local school board or the institute decides or is directed by the state board to close a public school because of low performance, the school district and the institute must develop and update as necessary a school closure plan that implements evidence-based best Colorado Revised Statutes 2019 Page 300 of 1211 Uncertified Printout practices during the school closure process to ensure that students who are enrolled in the public school that is closed are fully supported in enrolling in the successor public school, if any, or in another public school. The local school board or the institute shall make the school closure plan and any updates available in writing to the staff of the public school, the local teachers association, if any, the parents of students enrolled in the public school, and the community surrounding the public school. At a minimum, the school closure plan must include: (I) A plan for communicating in writing with parents, school staff, the local teachers association, if any, and the community surrounding the public school as early as possible after the local school board or the institute decides to close the public school and at regular intervals throughout the closure process; (II) The procedures or mechanisms by which the local school board and the institute will solicit and consider input on the school closure process from the staff of the public school, the local teachers association, if any, the parents of the students enrolled in the public school, and the community surrounding the public school; (III) A timeline for closing the public school that includes or is updated to include all major steps and decision points in completing the school closure and starts no later than the decision to close and continues at least through the reassignment of students and the opening of a new public school, if applicable; and (IV) A plan for reassigning students to other public schools, which must, to the fullest extent practicable, take into account parents' choice concerning the public schools to which students are reassigned. (b) Notwithstanding any provision of paragraph (a) of this subsection (5) to the contrary, a school closure plan that applies to the closure of an institute charter school must specify that: (I) The institute charter school will communicate directly with parents, school staff, and the surrounding community; and (II) The institute and the institute charter school will work with the school district in which the institute charter school is located to ensure that students and their parents have information concerning the school district's processes for reassigning students to public schools and the school choice options that are available to the students and their parents. Source: L. 2009: Entire article R&RE, (SB 09-163), ch. 293, p. 1498, § 1, effective May 21. L. 2011: (2.5) added, (HB 11-1277), ch. 306, p. 1499, § 23, effective August 10. L. 2012: (2.5) amended, (HB 12-1240), ch. 258, p. 1314, § 23, effective June 4. L. 2014: (5) added, (HB 14-1381), ch. 377, p. 1796, § 1, effective June 6. L. 2018: (2.5) amended, (HB 18-1355), ch. 324, p. 1952, § 14, effective May 30. PART 4 SCHOOL ACCOUNTABILITY 22-11-401. School accountability committee - creation - qualifications - elections. (1) (a) Each district public school and each institute charter school shall establish a school accountability committee. Each school accountability committee shall consist of at least seven members as follows: (I) The principal of the school or the principal's designee; Colorado Revised Statutes 2019 Page 301 of 1211 Uncertified Printout (II) At least one teacher who provides