ARTICLE 1 GENERAL PROVISIONS

Section

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.

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 22-54-103 (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:
   1. The state board of education;
   2. The commissioner of education, assistant commissioners of education, and other officers and employees of the department;
   3. The state library, created in section 24-90-104, C.R.S.;
   4. The Colorado school for the deaf and the blind, as provided for in article 80 of this title;
   5. The state charter school institute established in section 22-30.5-503;
   6. The division of online learning established in section 22-30.7-103;
   7. The facility schools unit created in section 22-2-403;
   8. The facility schools board created in section 22-2-404;
   9. The Colorado state advisory council for parent involvement in education created in section 22-7-303;
   10. The office of dropout prevention and student re-engagement created in section 22-14-103; and
   11. 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 09-1243), 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.

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 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 02-1245 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.

22-2-105.5. State board of education - definitions - vacancies - procedure for filling.

1. As used in this section:
   1. "Party congressional central committee" means the committee established pursuant to section 1-3-103 (3), C.R.S.
   2. "State central committee" means the committee established pursuant to section 1-3-103 (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. 1. 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.
   2. 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.
   3. 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. 1. 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.
   2. 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).
   3. No meeting shall be held until a quorum is present consisting of not less than one-half of the voting membership of the vacancy committee. No member of the vacancy committee may vote by proxy.
   4. 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 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. 1. 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.
   2. 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.
   3. 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. 1. 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).
   2. 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.
   3. 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.
   4. 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.
   5. 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 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:
   1. 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;
   2. 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:
      1. 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;
      2. 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;
      3. 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;
      4. 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.
      5. 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;
      6. 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

      7. 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.
   3. To appoint a commissioner of education;
   4. 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.
   5. 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;
   6. To approve the annual budget request for the department prior to submission;
   7. 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;
   8. 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.;
   9. 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;
   10. 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.;
   11. Repealed.
   12. To perform any other duty which may be required by law;
   13. 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;
   14. 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 (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 § 22-2-109; 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:
   1. To perform all duties delegated to it by law;
   2. 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;
   3. 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 twelfth-grade level of instruction;
   4. 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;
   5. To create, maintain, and modify, from time to time, such administrative organization for personnel of the department as may be deemed necessary or beneficial;
   6. To provide consultative services to the public schools and boards of education of school districts;
   7. To appraise for the purpose of accreditation any nonpublic school, but only upon its request;
   8. Repealed.
   9. 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;
   10. 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;
   11. 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;
   12. To appoint such advisory committees as may be beneficial to the improvement of education in the state;
   13. To cooperate with other agencies either within or without the state for the improvement of education;
   14. 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;
   15. 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;
   16. 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;
   17. Repealed.
   18. 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 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);
   19. 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;
   20. 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 at-risk students pursuant to agreements entered into pursuant to section 22-33-204; and
   21. 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.

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:
   1. Repealed.
   2. (Deleted by amendment, L. 99, p. 1186 , § 2, effective June 1, 1999.)
   3. (Deleted by amendment, L. 99, p. 1186 , § 2, effective June 1, 1999.)
   4. (Deleted by amendment, L. 99, p. 1186, § 2, effective June 1, 1999.)
   5. (Deleted by amendment, L. 99, p. 1186, § 2, effective June 1, 1999.)
   6. (Deleted by amendment, L. 99, p. 1186, § 2, effective June 1, 1999.)
   7. 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;
   8. Adopt rules that prescribe performance-based standards for endorsements deemed appropriate for each type of license or authorization;
   9. 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;
   10. 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;
   12. (Deleted by amendment, L. 99, p. 1186, § 2, effective June 1, 1999.)
   13. Repealed.
   15. (Deleted by amendment, L. 99, p. 1186, § 2, effective June 1, 1999.)
   16. Adopt rules to ensure that administrator programs of preparation meet the requirements concerning instruction in evaluating licensed personnel specified in section 22-9-108 ;
   17. 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.
   18. 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:
   1. The ability to align instructional objectives with adopted student learning standards;
   2. The ability to teach in a manner that addresses individual student needs and enables the student to improve his or her performance;
   3. Proficiency in measuring and monitoring each student's progress toward achieving learning standards;
   4. The ability to adjust instructional practices and methods when necessary to stimulate or enhance student progress;
   5. The ability to engage parents as learning partners to promote student learning;
   6. The ability to integrate technology into instruction at the grade level for which the teacher expects to be endorsed;
   7. The ability to assess student performance;
   8. 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. 1. The state board shall review the content of educator preparation programs offered by institutions of higher education within the state. Such review must 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 be placed on conditional approval, be placed on probation, or not be approved pursuant to section 23-1-121 if it determines that the program content does not meet the requirements specified in subsection (3) of this section or the endorsement requirements.
   2. 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. 1. 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:
      1. Strong leadership development that shall include but need not be limited to decision-making, communication, and human relations skills; and
      2. 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.
   2. Repealed.
7. 1. 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 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.
   2. 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 22-60.5-116.5. 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.
   3. 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 22-60.5-112 (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. L. 2020: (5)(a) amended, (SB 20-158), ch. 198, p. 976, § 10, effective June 30.

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 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:
   1. The person shall have demonstrated personal and professional leadership success, preferably in the administration of public education; and
   2. 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. 1. 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, 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.
   2. 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 04-1104 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 - repeal.

1. Subject to the supervision of the state board, the commissioner has the following duties:
   1. To advise the state board concerning the current operation and status of the public schools and upon other educational matters;
   2. 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.;
   3. To prepare and submit to the state board a budget for the department and to properly execute the approved budget in accordance with appropriations;
   4. To establish and maintain a system of personnel administration within the department;
   5. To cause all policies, rules, and regulations adopted by the state board to be duly executed;
   6. To serve as state librarian pursuant to section 24-90-104 (2), C.R.S.;
   7. 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 of existing defects of and a knowledge of desirable improvements in the government, finance, curriculum of, and instruction in the public schools;
   8. 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;
   9. 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).
   10. To perform other duties as may be delegated to him by law or by the state board;
   11. 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.
   12. 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.
   13. To supervise, manage, and control the Colorado school for the deaf and the blind at Colorado Springs;
   14. 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.;
   15. To comply with the duties set forth in article 11 of this title;
   16. 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.
   17. 1. 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.
       2. 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.
       3. 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 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.
       4. 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.
   18. Repealed.
   19. To facilitate employment first policies and practices by:
       1. 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
       2. 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.
   20. 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.
   21. 1. To prepare an annual report on the number of pupils enrolled in public schools in the state based on the pupil enrollments reported to the state board pursuant to section 22-54-112 (2)(a) for the applicable school year, and the number of school psychologists in the state who are licensed by the department pursuant to part 2 of article 60.5 of this title 22 and employed by a school district, board of cooperative services, or charter school who are reported as full-time equivalent employees. The report must state the number of pupils and licensed and employed school psychologists in total for the state and disaggregated by school district, board of cooperative services, and the state charter school institute.
       2. The department shall make the report prepared pursuant to this subsection (1)(u) available to the public on its website no later than thirty days after its completion each year.
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. 1. 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.
   2. 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 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.
7. Repealed.

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 13-1219), 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 16-077), 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. L. 2020: (7) added, (HB 20-1418), ch. 197, p. 957, § 43, effective June 30. L. 2021: (1)(u) added, (HB 21-1273), ch. 412, p. 2754, § 1, effective July 2.

22-2-113. Commissioner - powers.

1. Subject to the supervision of the state board, the commissioner has the following powers:
   1. To perform all duties which may be required by law;
   2. To issue instructions to school district officers and employees concerning the government of the public schools under their control;
   3. To prescribe forms and items to be included in reports submitted by school district officers and employees and other persons;
   4. 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.
   5. 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.
   6. 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.
   7. 1. 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.
      2. 1. 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 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).
         2. 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.
         3. 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.
      3. 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.
   8. 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.;
   9. To issue emergency orders concerning a charter school pursuant to section 22-30.5-703; and
   10. Subject to available appropriations, to expend appropriations to correct an underpayment of state funding to a school district, board of cooperative services, as defined in section 22-5-103, the state charter school institute, or a group care facility or home when a certification to the department by the school district, board, institute, facility, or home, for the determination of state funding by the department, includes an error in the information submitted to the department.

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. L. 2020: (1)(i) amended and (1)(j) added, (HB 20-1418), ch. 197, p. 957, § 44, effective June 30.

Cross references: (1) For power of commissioner of education to waive reporting requirements, see § 22-2-116.

(2) For the legislative declaration in HB 20-1418, see section 1 of chapter 197, Session Laws of Colorado 2020.

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.

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. 1. 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:
      1. Capital construction and facilities funding;
      2. Funding for technology; and
      3. Any other funding that the school district distributes to the charter schools of the district.
   2. 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 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 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. 1. 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.
   2. The state board shall not waive any of the requirements specified in any of the following statutory provisions:
      1. The "Public School Finance Act of 1994", article 54 of this title;
      2. The "Exceptional Children's Educational Act", article 20 of this title;
      3. Any provision of part 5 of article 11 of this title pertaining to the data necessary for performance reports;
      4. Any provision of this title 22 that relates to fingerprinting and criminal history record checks of educators and school personnel;
      5. The "Children's Internet Protection Act", article 87 of this title 22;
      6. The requirement to post on the internet the statutes for which waivers are granted as provided in section 22-44-305;
      7. Any provisions of section 22-1-130 relating to notification to parents of alleged criminal conduct by school district employees;
      8. Section 22-33-106.1 concerning suspension and expulsion of students in preschool through second grade;
      9. Any provisions of section 22-1-128 relating to comprehensive human sexuality education content requirements; or
      10. Any provision of section 22-30.5-104 (3), 22-30.5-507 (3), 22-32-109 (1)(ll), 22-32-110 (1)(k), 22-38-104 (1)(d), or 22-63-206 (1) relating to discrimination based on hair texture, hair type, or a protective hairstyle that is commonly or historically associated with race.
   3. 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.
   4. 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 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 22-7-1006.3, 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. 1. Any waiver made pursuant to the provisions of this section shall continue until such time as:
      1. The school district board of education that holds the waiver by resolution requests revocation of the waiver; or
      2. The state board receives evidence that constitutes good and just cause for revocation of the waiver, as determined by the state board.
   2. 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, 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. L. 2020: (1)(b)(VIII) and (1)(b)(IX) amended and (1)(b)(X) added, (HB 20-1048), ch. 8, p. 15, § 3, effective September 14.

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:
   1. 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:
      1. A felony; or
      2. A misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children; or
      3. 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.;
   2. 1. 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);
      2. 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.
      3. 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.
   3. 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;
   4. 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. 1. When providing the information required in subsection (1) of this section, the department shall provide the information within the following timelines:
      1. 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;
      2. 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.
   2. 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. 1. 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.
   2. 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 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:
   1. Certify, under penalty of perjury, either:
      1. 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
      2. 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.
   2. Furnish the following information to the department:
      1. The educator preparation program in which the student is enrolled;
      2. The school districts or charter schools in which the student has been placed for field experiences; and
      3. 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. 1. 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.
   2. 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.
   3. 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:
   1. "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.
   2. "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 imposition of a deferred or suspended sentence by the court, or an agreement for a deferred prosecution approved by the court.
   3. "Educator preparation program" means an approved educator preparation program as defined in section 23-1-121.
   4. "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.
   5. "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:
   1. A felony;
   2. 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;
   3. 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. National academic contest fund - balance of moneys - transfer. (Repealed)

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. 1. 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.
   2. 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. 1. 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.
   2. 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).
   3. 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.

22-2-122.5. COVID-19 learning impacts - extended learning opportunities - funding - combined application, reporting, and evaluation process - rules - legislative declaration - definitions - repeal.

1. The general assembly finds and declares that:
   1. Ongoing gaps in learning opportunities for students, including opportunities for underserved students and communities, and disrupted learning have accelerated due to the unprecedented changes to the student learning environment and access to education due to the presence of the COVID-19 virus in Colorado;
   2. Pursuant to state and federal law, there may be a variety of programs and funding available to local education providers to address these learning impacts through extended learning opportunities. However, not all local education providers have the necessary resources, whether time, staff, or expertise, to navigate various funding opportunities.
   3. Because local education providers in communities across the state may have different needs with respect to addressing COVID-19 learning impacts, and because the funding available to address learning impacts may be tied to different goals and objectives, it is more efficient and a better use of the resources of both the department and local education providers to create a streamlined process for local education providers to access funding for extended learning opportunities based on the specific needs of the local education provider;
   4. Rather than completing multiple applications with different deadlines, the department has the ability to create a needs-based approach to the award of grants and other sources of funding, creating a robust process of matching a local education provider's needs with the extended learning opportunities that meet those needs; and
   5. The combined administration of grant programs and other funding sources allows for more efficient reporting on the use and the impact of the funding, as well as the opportunity, with sufficient appropriations, to conduct more robust evaluations of the outcomes and overall effectiveness of the extended learning opportunities implemented at the local level. The department of education is uniquely positioned to use the data collected locally to share best practices statewide for the effective implementation of extended learning opportunities that lead to academic gains across student demographic groups.
2. As used in this section, unless the context otherwise requires:
   1. "Extended learning opportunities" means a program or method of academic support beyond standard programming or school practice that takes place either outside of normal school hours or outside of the regular school program. "Extended learning opportunities" include supplemental programming that allows a local education provider to provide supplemental education targeted at opportunity gaps and recovering from disrupted learning due to the presence of COVID-19 in the state. Examples of "extended learning opportunities" include but are not limited to summer school programming, extended school days or extended school weeks, high-impact tutoring, creative enrichment tied to academic gains, social-emotional supports, and additional mental health supports tied to academic success. "Extended learning opportunities" do not include an education voucher, scholarship, or savings account.
   2. "Local education provider" means:
      1. A school district organized pursuant to article 30 of this title 22;
      2. A board of cooperative services created pursuant to article 5 of this title 22;
      3. A charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22;
      4. An institute charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22; and
      5. Any other provider of public preschool through secondary school education in the state that is eligible to receive grants or other funding administered by the department pursuant to this section, regardless of the source, to address learning impacts resulting from the presence of the COVID-19 virus in the state.
3. To the extent possible, the department shall streamline the application process and other requirements for various extended learning opportunities that address learning impacts resulting from the presence of the COVID-19 virus in the state. The department is authorized to:
   1. Create a single, combined application for local education providers to apply for grant programs or other sources of funding, regardless of the funding source, for extended learning opportunities that address the needs of the local education provider and for which the local education provider is eligible, and, to the extent possible, to align the application process and deadlines;
   2. Identify one or more extended learning opportunities and funding sources that match the needs identified by the local education provider;
   3. Create streamlined data collection and common reporting requirements for local education providers for extended learning opportunities administered pursuant to this section that reduce burdens on local education providers, minimizing the need for a local education provider to provide the same information more than one time or to provide information that has previously been provided to the department, with reporting deadlines to the department that facilitate the department's reporting pursuant to subsection (3)(d) of this section;
   4. Streamline annual reporting by the department to the governor and executive branch agencies and to the general assembly concerning extended learning opportunities administered pursuant to this section, allowing combined reports and common deadlines, with reporting commencing by or before the department's annual presentation to the legislative committee of reference in January 2023, pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", created in part 2 of article 7 of title 2; and
   5. Subject to available funding for the evaluation of one or more extended learning opportunities, create common data collection and evaluation criteria and metrics for all extended learning opportunities being evaluated.
4. The single, combined application to apply for funding for extended learning opportunities pursuant to subsection (3)(a) of this section, regardless of the funding source, must include, at a minimum:
   1. The local education provider's plan to utilize the funding to implement extended learning opportunities, including the type of extended learning opportunity, the number of students to be served, the estimated cost of implementing the extended learning opportunity, and whether the local education provider will contract with any third-party extended learning opportunity provider, and, if so, the name of the proposed provider and the amount of the proposed contract;
   2. A description of the local education provider's internal progress-monitoring and reporting system, as described in subsection (7) of this section;
   3. The local education provider's time frame for implementing the extended learning opportunity; and
   4. A description of the local education provider's staff and family engagement efforts to determine the community-informed extended learning opportunity that best meets the needs of the local education provider.
5. The streamlined data collection and common reporting requirements for local education providers pursuant to subsection (3)(c) of this section are subject to the department's data privacy and suppression policies that are aligned to the "Student Data Transparency and Security Act", article 16 of this title 22, and the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g. The streamlined data collection and common reporting requirements must include, at a minimum:
   1. A description of the extended learning opportunity and its implementation by the local education provider receiving funding;
   2. Whether the local education provider contracted with a third-party extended learning opportunity provider, and, if so, the name of the provider and the amount of the contract;
   3. Data concerning the number of students served by the local education provider as a result of the funding and demographic information for students served; and
   4. Data and information concerning student academic outcomes, as defined by the local education provider as part of the application, that are associated with the implementation and monitoring of the extended learning opportunity.
6. The department's reporting to the general assembly pursuant to subsection (3)(d) of this section must include, at a minimum, a summary of the reports submitted by local education providers pursuant to subsection (5) of this section, data and information relevant to student outcomes resulting from the implementation of the extended learning opportunity, and the overall effectiveness of the extended learning opportunity. Notwithstanding section 24-1-136 (11)(a)(I), the department's annual reporting to the general assembly pursuant to subsection (3)(d) of this section continues so long as extended learning opportunities are administered by the department pursuant to this section.
7. A local education provider receiving funding to implement an extended learning opportunity shall establish an internal progress-monitoring system to monitor progress using family- and community-informed practices to measure the effectiveness of the extended learning opportunity through student educational gains. The internal progress-monitoring system must allow for reporting on specific student demographic categories, allowing the sharing of best practices across student demographics and across the state.
8. 1. Notwithstanding the provisions of this section, the department shall ensure that eligibility requirements, application requirements, allowable uses of funding, data collection and reporting, and any other requirements specific to the extended learning opportunity or funding source are met for all extended learning opportunities and related grant programs administered pursuant to this section.
   2. The department shall reserve a proportionate share of the money available for state-funded grants for extended learning opportunities for rural local education providers, as determined by the department, and is encouraged to reserve a proportionate share of federal funding for implementation of extended learning opportunities by rural local education providers.
9. If required by law and subject to available appropriations, the department shall evaluate one or more extended learning opportunities implemented across local education providers using a common set of evaluation criteria and metrics.
10. The state board may adopt any rules necessary for the implementation of this section.
11. The general assembly may annually appropriate money to the department for the implementation of state-funded extended learning opportunities by local education providers.
12. This section is repealed, effective July 1, 2026.

Source: L. 2021: Entire section added, (HB 21-1259), ch. 210, p. 1088, § 1, effective June 7.

22-2-123. Eligible facilities education task force - creation - membership - duties - repeal. (Repealed)

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:
   1. "Capital improvement" means:
      1. The acquisition or purchase of buildings or grounds;
      2. The enlargement, improvement, remodeling, repairing, or making of additions to any school building;
      3. The construction or erection of school buildings;
      4. 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
      5. The improvement of school grounds.
   2. "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:
   1. 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.
   2. 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 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.
   3. No loan shall be authorized unless the debt is approved by the voters of the growth district.
   4. 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.
   5. The loan shall be made as soon as possible upon approval of the loan by the state board.
3. 1. 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:
      1. A description of the capital improvement for which a loan is sought and a statement of the reasons why the capital improvement is necessary;
      2. A timeline for completion of the capital improvement;
      3. A building permit for the capital improvement, if applicable;
      4. 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.
      5. A plan for repaying the loan, including a proposed repayment schedule;
      6. 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
      7. 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.
   2. 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.
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 - definitions.

1. As used in this section, unless the context otherwise requires:
   1. "Colorado application for state financial aid" or "CASFA" means the application to determine student financial need and eligibility for state financial aid programs using federal FAFSA methodology, or any successor form.
   2. "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; to assess the affordability of and how to budget for postsecondary education; to understand the purpose of and how to access and complete the FAFSA or CASFA to access student financial aid; to understand the home buying process, including home loans and managing mortgage debt; and to understand and select from short-term and long-term investment options.
   3. "Free application for federal student aid" or "FAFSA" means the federal application used to determine student financial need and eligibility for federal student aid programs, or any successor form.
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.

   (2.5) In addition to the materials included in the resource bank pursuant to subsection (2) of this section, the resource bank must also include information concerning financial aid planning for postsecondary education expenses; information concerning the benefits of completing and submitting the FAFSA, or, for students who are not eligible for financial aid pursuant to Title IV, Part B of the federal "Higher Education Act of 1965", as amended, the CASFA; and electronic links to the FAFSA and CASFA and instructions for completing the FAFSA and CASFA.

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 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 15-264), ch. 259, p. 953, § 44, effective August 5. L. 2021: (1) amended and (2.5) added, (HB 21-1200), ch. 284, p. 1686, § 3, effective September 7.

Cross references: For the legislative declaration in HB 21-1200, see section 1 of chapter 284, Session Laws of Colorado 2021.

22-2-127.3. Holocaust and genocide studies - resource bank - technical assistance - definitions.

1. As used in this section, unless the context otherwise requires:
   1. "Genocide" has the same meaning as set forth in section 22-1-104.7 (1)(a).
   2. "Holocaust" has the same meaning as set forth in section 22-1-104.7 (1)(b).
   3. "Holocaust and genocide studies" has the same meaning as set forth in section 22-1-104.7 (1)(c).
2. 1. The department shall create and maintain a publicly available resource bank of materials pertaining to Holocaust and genocide courses and programs. At a minimum, the resource bank must include:
      1. Sample academic content standards for Holocaust and genocide studies;
      2. Sample programs of instruction for Holocaust and genocide studies;
      3. Samples of Holocaust and genocide studies learning resources, including first-person testimony;
      4. Sample materials for professional educator development in teaching Holocaust and genocide studies; and
      5. Case studies on the Holocaust and genocides, including but not limited to the Armenian Genocide.
   2. The department shall ensure that the materials included in the resource bank represent the best practices in teaching Holocaust and genocide studies, and the department shall seek input from experts in the area of Holocaust and genocide studies in compiling the materials.
   3. 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, 2021.
3. To the extent such resources and tools are readily available to the department, the resource bank may also:
   1. Identify existing resources and tools that provide opportunities for experts in Holocaust and genocide studies to be paired with a teacher in the classroom to co-teach courses in Holocaust and genocide studies; and
   2. Include a listing of schools and school districts that are interested in finding experts who wish to volunteer to co-teach courses in Holocaust and genocide studies and a listing of experts who are interested in volunteering to co-teach such courses.
4. The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.

Source: L. 2020: Entire section added, (HB 20-1336), ch. 252, p. 1228, § 3, effective July 8.

22-2-127.5. Computer science programs - resource bank.

1. 1. 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.
   2. 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.
   3. 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.

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. 1. 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:
      1. The organization and enhancement of the resource bank, including materials on the prevention of marijuana use and education on medical and retail marijuana;
      2. The development of marijuana curricula for schools and providing such curricula to schools; and
      3. Training for educators and school staff concerning marijuana.
   2. 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 2-2-1302, 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 and comprehensive suicide prevention, as that term is defined in section 25-1.5-112. These materials and curricula may be used in elementary and secondary schools in the state. The resource bank and curricula must be youth-friendly, 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 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:
   1. The organization and enhancement of the resource bank, including materials on the prevention of suicide, the after-effects of suicide attempts and suicide deaths, and postvention training, and education on mental and behavioral health;
   2. The development of mental and behavioral health and suicide prevention, intervention, and postvention curricula for schools and providing such curricula to schools; and
   3. Training for educators and school staff concerning mental and behavioral health and suicide prevention.
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. L. 2021: (1) amended, (HB 21-1119), ch. 49, p. 206, § 2, effective September 7.

Cross references: For the legislative declaration in HB 19-1120, see section 1 of chapter 197, Session Laws of Colorado 2019. For the legislative declaration in HB 21-1119, see section 1 of chapter 49, Session Laws of Colorado 2021.

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 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:
   1. Demonstrate that each tutor employed by the provider meets the requirements specified for paraprofessionals under 20 U.S.C. sec. 6319 (c);
   2. 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;
   3. 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
   4. 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:
   1. 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.
   2. 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.
   3. 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.
   4. 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:
   1. "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.
   2. "Eligible charter school" means:
      1. 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
      2. 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.
   3. "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.
   4. "Facility school" means an approved facility school as defined in section 22-2-402 (1).
   5. "Grant program" means the supplemental online education grant program created in subsection (3) of this section.
   6. "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.
   7. "Supplemental online education course" means an education course that is:
      1. Taught by a teacher who is licensed pursuant to article 60.5 of this title;
      2. Delivered via an internet format to one or more students at a location that is remote from the delivery point; and
      3. 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:
   1. As additional reimbursement for the cost of purchasing supplemental online education courses; or
   2. 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:
      1. Providing technical equipment or hiring technical specialists to audit and configure computer networks;
      2. Providing staff development and training for on-site personnel; or
      3. 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. 1. 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.
   2. 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:
      1. 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
      2. 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.
   3. 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. 1. 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.
   2. 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.

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.
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:
   1. "Literacy challenge" means a situation where a student is experiencing difficulty in reading in phonemic awareness, phonics, vocabulary, fluency, or comprehension.
   2. "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.
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 26-6-121, 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 state-subsidized 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 18-1141), 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:
   1. The timeline for implementing the quality rating and improvement system with regard to school district and charter school early childhood education programs; and
   2. 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.

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. 1. 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:
      1. Reasonable accommodations for communication between schools and emergency medical services, including instructions for emergency medical responders;
      2. 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;
      3. 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
      4. 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.
   2. 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:
      1. Documentation regarding the diagnosis and history of the student's food allergy;
      2. Identification of all foods to which the student is known to be allergic;
      3. Identification of any medication that has been prescribed for the student for the treatment of a food allergy or anaphylaxis;
      4. Any specific signs or symptoms that may indicate the student is having an allergic reaction to a food;
      5. Emergency treatment procedures to employ in the event that the student suffers an allergic reaction to food;
      6. 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
      7. The name, telephone number, and signature of the student's primary health-care provider.
   3. 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, 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 must be designed to assist a student and the student's 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. As part of the process of establishing the individual career and academic plan, the student and the student's parents must be made aware of the importance of completing the free application for federal student aid or the Colorado application for state financial aid, or successor forms for accessing federal and state financial aid, and be provided help in completing the forms, if requested.
2. In establishing the standards for individual career and academic plans, the state board shall ensure, at a minimum, that:
   1. Each individual career and academic plan includes a career planning and guidance component and a portfolio that reflects, at a minimum:
      1. The student's efforts in exploring careers, including interest surveys that the student completes;
      2. The student's academic progress, including the courses taken, any remediation or credit recovery, and any concurrent enrollment credits earned;
      3. 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 22-32-109.5 (4), any intervention plan created for the student pursuant to those sections, and the student's progress in meeting the intervention plan;
      4. The student's progress in visual arts and performing arts courses;
      5. The student's experiences in contextual and service learning;
      6. The student's college applications and resume, as they are prepared and submitted; and
      7. The student's postsecondary studies as the student progresses;
   2. Each individual career and academic plan is accessible to educators, students, and parents; and
   3. 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.

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. L. 2021: (1) amended, (HB 21-1200), ch. 284, p. 1688, § 5, effective September 7.

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. For the legislative declaration in HB 21-1200, see section 1 of chapter 284, Session Laws of Colorado 2021.

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:
   1. 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.
   2. 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;
   3. 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;
   4. 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
   5. 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 recommendations the department may have pertaining to the creation of one or more state schools.
4. 1. 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.
   2. 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. 1. 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.
   2. 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).
   3. 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 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. 1. 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.
   2. 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:
   1. 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;
   2. A plan for utilizing existing state and federal data and any existing information-sharing activities;
   3. 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:
      1. The number of placements occurring in a school year;
      2. The number of emergency placements occurring in a school year;
      3. The types of placements from which the students are transitioning;
      4. The educational setting into which the student is being placed; and
      5. Demographic information of students, including but not limited to age, race, gender, and ethnicity;
   4. 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.;
   5. 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;
   6. 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
   7. 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:
   1. 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
   2. 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 25-3-301 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 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 state-licensed 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.

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. 1. 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.
   2. At a minimum, the request for proposals shall include the purchase of:
      1. Software that, at a minimum:
         1. Provides individualized assessments with immediate results;
         2. 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;
         3. Provides student grouping recommendations based on the assessment scores and provides proposed lesson plans on a short-term cycle; and
         4. Assists in generating and populating individualized plans to improve students' reading skills; and
      2. Training in using the software for teachers or other personnel selected by each local education provider.
   3. 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.
3. 1. As soon as practicable after entering into the contract, the department shall notify the local education providers and provide information explaining:
      1. The software licenses purchased;
      2. The availability of training in the use of the software including dates, times, and locations; and
      3. 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.
   2. 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:
      1. Select local education providers from various regions of the state and of varying student population size;
      2. 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
      3. 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.
   3. 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.
   4. 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:
   1. 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;
   2. The local education providers that have received the early literacy assessment tool;
   3. The improvements, if any, in the reading skill levels of students who received or are receiving services using the early literacy assessment tool; and
   4. 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 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. (Repealed)

Source: L. 2017: Entire section added, (HB 17-1211), ch. 204, p. 755, § 1, effective May 18.

Editor's note: Subsection (8) provided for the repeal of this section, effective July 1, 2020. (See L. 2017, p. 755 .)

22-2-144. Bullying prevention and education policies - short title - study.

1. The short title of this section is "Ashawnty's Law".
2. 1. 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 24-33.5-1803, 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. The department shall utilize a stakeholder process when updating the model bullying prevention and education policy, which process must include participation by the parents of students who have been bullied.
   2. 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.
3. At a minimum, the model policy developed pursuant to subsection (2)(a) of this section must:
   1. Clearly differentiate between a conflict and bullying and between harassment and bullying; and
   2. Clarify the role of cyberbullying during online instruction, which may occur on or off school property.

Source: L. 2018: Entire section added, (SB 18-151), ch. 140, p. 915, § 1, effective August 8. L. 2021: (2)(a) amended and (3) added, (HB 21-1221), ch. 209, p. 1085, § 2, effective June 7.

Cross references: For the short title ("Jack and Cait's Law") in HB 21-1221, see section 1 of chapter 209, Session Laws of Colorado 2021.

22-2-145. Media literacy - committee - report - strategic plan - resource bank - definition - rules.

1. For purposes of this section, unless the context otherwise requires, "media literacy" means the:
   1. Ability to access, analyze, evaluate, create, and act through the various forms of media;
   2. Ability to analyze the reliability of information, claims, and sources presented in the various forms of media; and
   3. Practice of digital citizenship, including norms of appropriate and responsible behavior and discourse when engaging with media, and the prevention of cyberbullying.
2. 1. 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:
      1. 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;
      2. Recommended materials and resources for teachers to adopt for media literacy instruction;
      3. Recommended legislation or rules to implement media literacy in elementary and secondary education;
      4. Best practices for school districts to develop policies and procedures regarding media literacy;
      5. Strategies to support school districts implementing the best practices and recommendations developed by the committee; and
      6. Recommended opportunities to recognize students and teachers who demonstrate excellence in media literacy.
   2. The commissioner of education shall appoint the following members to serve on the committee no later than July 15, 2019:
      1. One member who is an academic expert in media literacy;
      2. 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;
      3. 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;
      4. One member who is a librarian and is a member of a professional association of librarians;
      5. 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;
      6. One member who is a school administrator 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 is a member of a professional association of school administrators;
      7. 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;
      8. 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);
      9. One member who is a student 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);
      10. One member who represents a nonprofit organization specializing in media literacy;
      11. One member who represents a nonprofit organization specializing in journalism;
      12. One member who is a professional print journalist and is a member of a professional association of journalists; and
      13. One member who is a professional broadcast journalist and is a member of a professional association of broadcasters.
3. 1. 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.
   2. 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.
   3. 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.
   4. 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.
   5. 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. Repealed.
6. 1. The department shall create and maintain an online resource bank of materials and resources pertaining to media literacy. At a minimum, the resource bank must include the materials and resources recommended in the committee's report created pursuant to subsection (2) of this section. The department shall create the online resource bank on or before the date when revisions are adopted to include knowledge and skills relating to media literacy within the reading, writing, or civics standards, whichever revisions occur first, pursuant to section 22-7-1005 (2.6).
   2. The department shall promulgate rules, if necessary, to implement a procedure through which a person may provide comment on a material or resource within the resource bank, including a comment recommending the removal or inclusion of a material or resource within the resource bank.
   3. Upon the request of a school district, district charter school, institute charter school, or board of cooperative services, the department shall provide, subject to available resources, technical assistance to a school district, district charter school, institute charter school, or board of cooperative services, with implementing policies and procedures, best practices, and recommendations related to media literacy.
7. A school district, district charter school, institute charter school, or board of cooperative services is not required to adopt or implement any material or resource from the resource bank into its curriculum.

Source: L. 2019: Entire section added, (HB 19-1110), ch. 412, p. 3624, § 1, effective June 3. L. 2020: (2)(b)(VI) and (2)(b)(IX) amended, (HB 20-1402), ch. 216, p. 1049, § 37, effective June 30. L. 2021: (5) repealed and (6) and (7) added, (HB 21-1103), ch. 187, p. 1001, § 2, effective May 27.

Cross references: For the legislative declaration in HB 21-1103, see section 1 of chapter 187, Session Laws of Colorado 2021.

22-2-146. Department of education - COVID-19-related education loss - strategies - resources - report - legislative declaration.

1. The general assembly finds that:
   1. Due to the public health risks of the COVID-19 pandemic, the public schools in Colorado have had to cease in-person instruction for repeated and extended periods of time during the 2019-20 and 2020-21 school years;
   2. Research suggests that these periods of remote learning, as well as trauma experienced by students as a result of the pandemic, have had detrimental effects on students' ability to learn and grow academically and on their ability even to retain the level of learning that they had previously achieved;
   3. These negative effects have had an even greater impact on students of color, low-income students, and students with disabilities, who are expected to experience a significantly greater loss of learning, thereby exacerbating the academic achievement gaps that existed before the pandemic;
   4. The school districts and public schools of the state will face significant challenges in trying to compensate for these learning losses and in helping all students to overcome the learning losses they have experienced and advance to grade-level or higher academic achievement;
   5. There are indications that tutoring services, programs that extend the school day or the school year, and summer school programs may be successful in helping students, especially low-income students, students of color, and students with disabilities, to overcome learning loss and close the achievement gap;
   6. There are other innovative strategies that some public schools and school districts have been implementing to address learning loss, including home visitation programs through which teachers visit their students' homes to assist the students and the parents in efforts to overcome learning loss; and
   7. The department of education can play a crucial role in supporting school districts and public schools by identifying best practices for addressing these learning losses and effective strategies for boosting student learning and closing achievement gaps and by providing a resource bank of model materials and strategies specifically designed to address learning recovery for all students.
   1. (1.5) (a) The general assembly further finds that on March 11, 2021, President Biden signed H.R.1319, the "American Rescue Plan Act of 2021", into law. In part, the act provides approximately $122.7 billion in supplemental money to the elementary and secondary emergency education relief fund for distribution to states. Approximately $1.166 billion of that amount is expected to be distributed to Colorado, of which at least $1.05 billion must be distributed to local education providers and $116.6 million will be retained by the state department of education. The act requires the department to use approximately $58 million to address learning recovery, approximately $11.6 million for after-school activities, and approximately $11.6 million for summer learning programs.
   2. The department is strongly encouraged to use as much as possible of the amount of federal money that the department receives under the "American Rescue Plan Act of 2021" to fund programs to address learning recovery, which may include intensive tutoring programs, extended-day learning programs, supplemental online courses, summer learning programs, and other programs that are identified by local education providers or have demonstrated success in effectively addressing learning recovery. The department is specifically encouraged to use a portion of the federal money to assist local education providers in accessing supplemental online learning recovery courses for students enrolled in kindergarten through twelfth grade, as described in section 22-5-119 (11).
2. 1. By the fall semester of the 2021-22 school year and continuing thereafter, the department shall identify educational products, strategies, and services that have demonstrated effectiveness in identifying and reversing student learning loss, including those products, strategies, and services that are specifically designed to address learning loss experienced by students of color, low-income students, and students with disabilities. The department shall create and maintain a resource bank of examples of these products, explanations of and instructions for implementing these strategies and services, and models of professional development programs related to using the products and implementing the strategies and services. The department shall ensure that the resource bank includes products, strategies, and services and models of professional development programs that take into account the circumstances of, and are appropriate for implementation by, rural and small rural school districts and charter schools located within rural and small rural school districts.
   2. The department shall include in the resource bank information concerning public and private nonprofit entities that may partner with school districts, boards of cooperative services, and charter schools to provide personnel or other resources to assist in implementing strategies to overcome learning loss.
   3. School districts, boards of cooperative services, and charter schools may submit to the department descriptions and explanations of strategies, services, and programs that they have implemented, with evidence demonstrating the positive effects achieved through implementing the strategies, services, and programs. The department shall include the submitted examples in the resource bank.
   4. The resource bank must be available for review by school districts, boards of cooperative services, and charter schools. To the greatest extent possible within existing resources, the department shall provide technical assistance, upon request, to assist school districts and charter schools in identifying and implementing strategies to address student learning loss.
3. The department shall create a report specifying the purposes for which the department used the federal money received pursuant to the federal "Coronavirus Aid, Relief and Economic Security Act", Pub.L.116-136; the "Coronavirus Response and Relief Supplemental Appropriations Act, 2021", Pub.L.116-260; and the "American Rescue Plan Act of 2021", Pub.L.117-2. At a minimum, the report must identify the total amount that the department received and was authorized to spend at the state level under each act, the purposes for which the department spent the amounts received, the specific amount allotted to each purpose, and any data the department may have concerning the results achieved in using the money for each purpose. On or before December 1, 2021, and on or before December 1 each year thereafter through December 1, 2024, the department shall submit the report to the education committees of the house of representatives and senate, or any successor committees, and post the report on the department's website. The department shall also present the report as part of the department's hearing held each January pursuant to section 2-7-203, starting in 2022 and continuing through 2025.

Source: L. 2021: Entire section added, (SB 21-013), ch. 132, p. 532, § 1, effective May 13.

22-2-147. Menstrual hygiene products accessibility grant program - eligibility - rules - report - definitions.

1. There is created in the department the menstrual hygiene products accessibility grant program in order to provide menstrual hygiene products at no expense to students. A grant recipient shall ensure that menstrual hygiene products are accessible to a student regardless of the student's gender identity.
2. A grant recipient shall use the award to acquire and distribute menstrual hygiene products at no expense to students or install and maintain a dispensing machine or disposal receptacle for menstrual hygiene products.
3. An eligible grant recipient is:
   1. A local education provider if it has fifty percent or more students enrolled who are eligible for free or reduced-cost lunch pursuant to the federal "Richard B. Russell National School Lunch Act", 42 U.S.C. sec. 1751 et seq.;
   2. The Colorado school for the deaf and the blind, created and existing pursuant to section 22-80-102 (1)(a); or
   3. An approved facility school, as defined in section 22-2-402 (1).
4. To receive a grant, an eligible grant recipient must submit an application to the department by a date specified by the department. The eligible grant recipient must include data in its application concerning the number of students enrolled at the eligible grant recipient and the number of restrooms, including gender-neutral restrooms, on the property of the eligible grant recipient.
5. Subject to available appropriations, the department shall implement and administer the grant program, and shall award a grant to an eligible grant recipient that applies in an amount that is proportionate to the numbers of students and restrooms as provided in its application. The state board may promulgate rules as necessary to implement the grant program.
6. 1. On or before October 1, 2022, and on or before October 1, 2023, each grant recipient shall submit a report to the department. The report must include information concerning the amount of money spent on the acquisition and distribution of menstrual hygiene products and the amount of money spent on the installation and maintenance of a dispensing machine or disposal receptacle for menstrual hygiene products.
   2. On or before January 2, 2023, and on or before January 2, 2024, the department shall submit a summarized report of the information received pursuant to subsection (6)(a) of this section to the education committees of the senate and house of representatives, or any successor committees.
7. The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.
8. As used in this section, unless the context otherwise requires:
   1. "Grant program" means the menstrual hygiene products accessibility grant program created and existing pursuant to this section.
   2. "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 22, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22, or a board of cooperative services created and operating pursuant to article 5 of this title 22 that operates one or more public schools.
   3. "Menstrual hygiene products" means tampons, menstrual pads, and pantiliners.

Source: L. 2021: Entire section added, (SB 21-255), ch. 444, p. 2934, § 1, effective September 7.

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 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.

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:
   1. 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;
   2. 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.
   3. 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;
   4. 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;
   5. 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:
   1. To improve the collection of data by streamlining the submission and reporting of data;
   2. To create shared goals and shared expectations for data collection and technology for elementary and secondary education in Colorado;
   3. 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;
   4. 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
   5. 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:
   1. 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;
   2. Identify those statutory and regulatory data reporting requirements that are duplicative or obsolete and may be combined, eliminated, or otherwise streamlined;
   3. 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;
   4. 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;
   5. Advise the department on the impact of data practices and technology on school districts and public schools;
   6. 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
   7. 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. 1. 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.
   2. 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. 1. This section is repealed, effective July 1, 2022.
   2. 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), 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. 1. 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.
   2. 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. 1. 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:
      1. 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;
      2. 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;
      3. Identification of data relationships;
      4. Data element tables; and
      5. Identification of data element locations within data access tools.
   2. 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:
   1. 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;
   2. 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;
   3. An explanation of the manner in which school districts and public schools will access the data dictionary; and
   4. 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. 1. 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.
   2. 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. 1. 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 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.
   2. 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. 1. 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.
   2. 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.

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.

22-2-401. Legislative declaration.

1. The general assembly hereby finds that:
   1. 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;
   2. 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;
   3. 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.
   4. 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.
   5. 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 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 25-1.5-103, C.R.S.

   (3.3) "Facility student", as used in section 22-2-407.5, means a student who is in an approved facility school, eligible facility school, or school district setting, and who is receiving or requires specialized services, and whose educational needs may be beyond the delivery capacity of the student's current educational setting.

   (3.8) "Model" means the sustainable educational continuum designed to meet the educational needs of facility students in the target population as defined by the work group pursuant to section 22-2-407.5.

4. "Placed in a facility" means a student is in a facility due to:
   1. A court order or other action by a public entity in Colorado; or
   2. 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.
9. "Work group" means the work group created and convened pursuant to section 22-2-407.5.

Source: L. 2008: Entire part added, p. 1376, § 1, effective May 27. L. 2021: (3.3), (3.8), and (9) added, (SB 21-274), ch. 341, p. 2224, § 2, effective June 25.

Cross references: For the legislative declaration in SB 21-274, see section 1 of chapter 341, Session Laws of Colorado 2021.

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:
   1. Two persons who represent school districts within Colorado, one of whom shall have expertise in special education;
   2. One person who represents state-level child placement agencies within Colorado;
   3. One person who represents county departments of human or social services within Colorado;
   4. Two persons who represent facilities within Colorado; and
   5. 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. 1. 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:
      1. Curriculum and assessment;
      2. Educating students who are placed in facilities;
      3. Mental health;
      4. Special education services; and
      5. School finance.
   2. 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.
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:
   1. Develop and maintain, as provided in section 22-2-407, the list of approved facility schools;
   2. Make recommendations to the facility schools board regarding the curriculum for use in the approved facility schools;
   3. 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);
   4. Maintain, and make available as provided by law, student information and records for the students who receive educational services from approved facility schools;
   5. 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
   6. 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:
   1. Adopt data reporting protocols and records transfer procedures for use by approved facility schools; and
   2. 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.

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:
   1. 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.
   2. 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
   3. 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:
   1. 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;
   2. 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;
   3. 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;
   4. Methods for recruiting and retaining highly qualified teachers and paraprofessionals for employment in approved facility schools;
   5. The provision of appropriate services for students with disabilities, including the process for developing and reviewing individualized education programs;
   6. Methods of reimbursing approved facility schools for the excess costs incurred in providing educational services to students with disabilities, including direct and indirect costs;
   7. 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;
   8. The oversight and monitoring of approved facility schools; and
   9. 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 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. 1. The facility schools board by rule shall specify:
      1. The procedures by which a facility school may apply to the unit for placement on the list of approved facility schools;
      2. The information that each facility school shall provide in the application;
      3. The reporting requirements for approved facility schools; and
      4. The criteria that a facility school shall meet to be placed on the list of approved facility schools.
   2. 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:
   1. Adopt and implement the curriculum and graduation requirements specified by the facility schools board pursuant to section 22-2-406 (1)(a) and (3);
   2. Demonstrate compliance with the accountability measures adopted by the facility schools board pursuant to section 22-2-406 (1)(b);
   3. Comply with the reporting and records tracking requirements specified by the unit pursuant to section 22-2-405 (1)(d) and (2); and
   4. Comply with any other requirements specified by rule of the facility schools board.
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.

22-2-407.5. Facility schools - sustainable model of education for facility students - work group - created - membership - duties - reporting requirements - funding.

1. 1. On or before July 1, 2021, the department shall convene a work group of the stakeholders described in subsection (1)(b) of this section. The purpose of the work group is to develop and implement a sustainable model with capacity to meet the educational needs of children and youth in or at risk of out-of-home placement and children and youth who are at risk of educational failure due to challenging behavior, mental or behavioral health needs, or disabilities, regardless of the child's or youth's eligibility for special education services.
   2. The work group shall obtain input from parents and students who reflect the diversity of the state with regard to race, ethnicity, immigration status, income, and disability. The work group must include representatives from the following entities:
      1. School districts;
      2. Boards of cooperative services;
      3. Special education directors;
      4. Facility schools and facility school board members;
      5. The department of health care policy and financing;
      6. The department of education;
      7. The department of human services, including the division of youth services; and
      8. County departments of human or social services.
2. The work group shall:
   1. Define the target population of facility students;
   2. Analyze data to determine the educational needs of students in the target population;
   3. Analyze cost data for providing educational services to students in the target population;
   4. Evaluate existing capacity within the state, including, but not limited to, the location and number of desks in each facility school and other programs that currently serve students in the target population in Colorado;
   5. Evaluate other effective evidence-based options that currently exist in Colorado or in other states and that may be incorporated into the model to ensure the necessary capacity to serve students in the target population in the state;
   6. Identify barriers and develop solutions to address the development of additional capacity in educational programs in meeting the needs of students in the target population;
   7. Identify and analyze:
      1. The state's current capacity to provide appropriate instruction, support, and services to students in the target population;
      2. The current funding methodology for facility schools;
      3. The federal, state, local, and other sources of funding available to support the current educational options for serving students in the target population, including the restrictions on use of each type of funding;
      4. The capacity and funding necessary to adequately serve and support students in the target population who will receive educational services through the model developed pursuant to this section; and
      5. The funding methodology and necessary resources to ensure long-term viability;
   8. Identify the outcomes that are to be evaluated pursuant to subsection (3) of this section; and
   9. Develop short-term strategies to address the lost capacity in facility schools.
3. The educational options for the model must clearly define the roles of the department of education, the department of human services, the department of health care policy and financing, and the department of public health and environment in the model's continuum, which includes, but is not limited to, residential treatment, day treatment, and hospitals. The model must include a means by which to evaluate appropriate outcomes of the target population served in the continuum.
4. 1. After analyzing the data required pursuant to subsection (2) of this section, and no later than October 1, 2022, the work group shall develop the model through which educational services will be made available to the target population. On or before October 1, 2022, the work group shall develop the implementation plan, including the deadlines for identified deliverables within the plan to ensure that implementation of the model can begin on or before July 1, 2023, and be fully implemented on or before July 1, 2027. Additionally, the work group shall develop a report identifying any necessary statutory changes for full implementation of the model, as well as any fiscal impact of the model's implementation.
   2. The work group shall submit the information required by this subsection (4) to the department on or before October 1, 2022. On or before November 1, 2022, the department shall submit a written report summarizing the work group's work, as required pursuant to this subsection (4), to the joint budget committee.
   3. The department may contract with an independent facilitator to support the work group and write the report required pursuant to this subsection (4), and an independent entity to perform the financial analysis required pursuant to subsection (2)(g) of this section.
   4. On or before December 31, 2022, the commissioner of education, as defined in section 22-2-102, shall present the report compiled pursuant to subsection (4)(b) of this section to the joint budget committee, including details of the model, the implementation plan and timeline, any fiscal impact of implementing the model, any necessary statutory changes, and any recommendations to increase Colorado's system to serve and its capacity to support students in the target population, including short-term strategies developed to address lost facility school capacity.
   5. On or before October 1, 2023, and on or before each October 1 during the implementation phase of the model, the department shall submit a written report concerning the progress of the model's implementation, including but not limited to, the status of each deliverable identified in the implementation plan, any modifications to the implementation plan, and any statutory changes and funding necessary in the upcoming fiscal year in order to successfully implement each phase of the model.

Source: L. 2021: Entire section added, (SB 21-274), ch. 341, p. 2224, § 3, effective June 25.

Cross references: For the legislative declaration in SB 21-274, see section 1 of chapter 341, Session Laws of Colorado 2021.

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.
3. In state fiscal year 2021-22 only, and within available appropriations, the department shall distribute supplemental payments to facility schools approved by the department as of October 1, 2021. The supplemental payments must be above and beyond the current daily per pupil revenue rate as established for the 2021-22 state fiscal year. The department shall determine the method through which the supplemental payments are distributed to all approved facility schools and shall ensure that the supplemental payments made pursuant to this subsection (3) are paid to the approved facility school prior to June 30, 2022.

Source: L. 2008: Entire section added, p. 1218, § 31, effective May 22. L. 2021: (3) added, (SB 21-274), ch. 341, p. 2227, § 4, effective June 25.

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. For the legislative declaration in SB 21-274, see section 1 of chapter 341, Session Laws of Colorado 2021.

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:
   1. 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
   2. 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 25-3-301 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.
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 state-licensed 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.

22-2-501. Legislative declaration.

1. The general assembly hereby finds that:
   1. 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.
   2. 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.
   3. 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.
   4. 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.
   5. 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.

   (1.5) "Education support professional" means a Colorado school district paraprofessional who may not be licensed, as described in article 60.5 of this title 22, but provides direct instruction, supports licensed staff in an educational capacity, or supports instruction and the learning environment, including, without limitation:

   1. Teaching assistant, regular education;
   2. Teaching assistant, special education;
   3. Title 1 teaching assistant;
   4. Teaching or classroom technician;
   5. Tutor;
   6. Library or media assistant;
   7. Bilingual assistant;
   8. Educational interpreter;
   9. Braillist;
   10. Occupational therapist assistant;
   11. Physical therapist assistant;
   12. Health screener;
   13. Counselor assistant;
   14. Health care technician;
   15. Student monitor;
   16. Child find coordinator;
   17. Child care provider or group leader; and
   18. Community liaison.
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. L. 2021: (1.5) added, (HB 21-1087), ch. 484, p. 3468, § 1, effective July 7.

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 teachers, elementary teachers, secondary teachers, and education support professionals in public schools of the state. The survey shall be designed to assess, at a minimum:
   1. Teaching and learning conditions as predictors of student achievement;
   2. The correlation, if any, between teaching and learning conditions and teacher retention; and
   3. 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:
   1. School and program design;
   2. Professional development programs;
   3. School improvement plans;
   4. School district continuous improvement programs;
   5. State education reform initiatives concerning achievement gaps, teacher gaps, dropout rates, and graduation rates; and
   6. 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. L. 2021: IP(1) amended, (HB 21-1087), ch. 484, p. 3469, § 2, effective July 7.

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:
   1. Payable on May 1, 2009, and each May 1 thereafter, for nationally certified teachers, school counselors, and principals;
   2. Payable on May 1, 2020, and each May 1 thereafter, for nationally certified school psychologists;
   3. Prorated for less than full-time employment;
   4. Considered regular salary pursuant to section 24-51-101 (42)(a); and
   5. 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. 1. 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.
   2. 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:
      1. Title I of the federal "Elementary and Secondary Education Act of 1965", 20 U.S.C. sec. 6301 et seq., eligibility;
      2. School size; and
      3. The proportion of students who attend the school for whom English is a second language.
   3. 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.
   4. 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 09-163), 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), 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 09-214 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:
   1. 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;
   2. 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
   3. 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.

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 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 chemistry-physics 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:
   1. Working with hot molten metal;
   2. Milling, sawing, turning, shaping, cutting, grinding, and stamping of any solid materials;
   3. Heat treating, tempering, or kiln firing of any metal or other materials;
   4. Gas or electric arc welding;
   5. 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.

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.

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.

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. 1. 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.
   2. 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.
   3. 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 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.
   4. 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.
   5. 1. 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.
      2. 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 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. 1. At its first meeting, the members of the board of cooperative services elected as set forth in section 22-5-104 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.
   2. 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.

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. 1. 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.
   2. 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 part 1 of 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. L. 2021: (1)(b) amended, (HB 21-1264), ch. 308, p. 1874, § 6, effective June 23.

Editor's note: Section 20 of chapter 308 (HB 21-1264), Session Laws of Colorado 2021, provides that the act changing this section takes effect only if SB 21-288 becomes law and takes effect either upon the effective date of HB 21-1264 or SB 21-288, whichever is later. SB 21-288 became law and took effect June 11, 2021, and HB 21-1264 took effect June 23, 2021.

Cross references: For the legislative declaration in HB 21-1264, see section 2 of chapter 308, Session Laws of Colorado 2021.

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.

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:
   1. 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;
   2. 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;
   3. To operate schools and classes as authorized by the members;
   4. To determine which programs and facilities of the board of cooperative services shall be operated and maintained;
   5. To award diplomas or certificates of accomplishment as authorized by the members;
   6. 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;
   7. 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.;
   8. 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.;
   9. 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.

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 - repeal.

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.
4. 1. Notwithstanding any provision of this article 5 to the contrary, during the 2021-22 state fiscal year, before authorizing a full-time school or an additional location of an existing school that is physically located within the geographic boundaries of a school district that is not a member of the board of cooperative services, a board of cooperative services must obtain written consent from such school district.
   2. The requirement for written consent set forth in subsection (4)(a) of this section does not apply to a school authorized or operating prior to June 11, 2021, so long as the school continues to operate for the 2021-22 school year.
   3. This subsection (4) is repealed, effective July 1, 2022.

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 June 5. L. 93: (1) amended, p. 1780, § 44, effective June 6. L. 2008: (2) amended, p. 1065, § 9, effective May 22. L. 2021: (4) added, (SB 21-268), ch. 222, p. 1176, § 16, effective June 11.

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. 1. 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.
   2. 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:
   1. It shall serve school districts with a combined total enrollment of not less than four thousand students; and
   2. 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 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. 1. 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.
   2. 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 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 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. 1. 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.
   2. Each plan shall include but is not limited to measures concerning:
      1. 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;
      2. Staff development and training programs;
      3. The development of improved communications through such methods as communications technology, distance learning, and media assistance;
      4. The use of federal and state categorical funds and the distribution and delivery of federal block grant moneys;
      5. Data processing;
      6. 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

      7. 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. 1. 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.
   2. 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 - contract - legislative declaration - definitions.

1. The short title of this section is the "Empowering Digital Learning for All Act".
2. 1. 1. The general assembly finds that: (2) (a) (I) The general assembly finds that:
         1. 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.
         2. 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.
         3. 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.
         4. 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.
      2. 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.
      3. 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.
   2. 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).
   3. 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:
   1. "Administering BOCES" means the BOCES that the department designates as provided in subsection (4) of this section.
   2. "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.
   3. "BOCES" means a board of cooperative services created pursuant to this article.
   4. "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.
   5. "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S.
   6. "Local public education agency" means a school district, BOCES, or charter school.
   7. "Provider" means a nonprofit entity or a local public education agency that provides:
      1. 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;
      2. Professional development resources for teachers; or
      3. Consulting services for school districts, charter schools, and BOCES with regard to providing supplemental online education courses and blended learning.
   8. "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.
   9. "Statewide supplemental online and blended learning program" or "program" means the program described in subsection (4) of this section.
   10. "Supplemental online education course" means an education course that is:
       1. Taught by a teacher who is licensed pursuant to article 60.5 of this title;
       2. Delivered via a technologically enhanced format to one or more students at a location that is remote from the delivery point; and
       3. 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. 1. 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.
   2. The administering BOCES shall manage and administer the program to achieve, at a minimum, the following goals:
      1. Expanding the availability of supplemental online education courses and blended learning strategies;
      2. Increasing significantly the number of students who enroll in high-quality, effective, and affordable supplemental online education courses;
      3. 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;
      4. 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
      5. Documenting and sharing best practices in providing supplemental online education courses and blended learning.
5. 1. 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.
   2. The administering BOCES shall ensure that, through the program, all school districts, charter schools, and BOCES in the state have access to:
      1. 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;
      2. 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
      3. 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.
   3. 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.
   4. 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. 1. 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.
   2. The review committee consists of:
      1. A representative from the administering BOCES;
      2. A representative from the office in the department responsible for online and blended learning;
      3. The following members selected jointly by the administering BOCES and the department:
         1. A national expert in online and blended learning;
         2. An administrator from a school that is designated an alternative education campus as provided in section 22-7-604.5; and
         3. An administrator from a school that obtains online or blended services through the program; and
      4. Two educators as follows:
         1. One educator appointed by the governor, or his or her designee, who has experience with supplemental online education or blended learning; and
         2. 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.
   3. 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.
   4. 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. 1. 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.
    2. 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.
11. 1. Beginning in the summer of 2021 and continuing throughout the 2021-22 school year, in addition to administering the statewide supplemental online and blended learning program in accordance with subsection (5) of this section, the administering BOCES shall prioritize entering into partnerships with local public education agencies for delivery of supplemental online learning recovery courses for students enrolled in kindergarten through twelfth grade. The administering BOCES and local public education agencies shall, to the extent practicable, partner with nonprofit entities and community-based organizations to expand the availability of, and students' access to, supplemental online learning recovery courses. Local public education agencies are encouraged to identify the students who are most in need of learning recovery courses as a result of the effects of the COVID-19 pandemic and to prioritize these students to receive supplemental online programming to support learning recovery.
    2. The administering BOCES shall communicate to all local public education agencies, and the local public education agencies shall communicate to the parents of students enrolled by the local public education agencies, the availability of supplemental online education courses through the administering BOCES, including the availability of learning recovery courses, the types of courses that are available for learning recovery and other purposes, the manner in which students may enroll in these courses through the local public education agency, and the benefits to students who successfully complete the courses. At a minimum, the local public education agency shall provide the information through the digital means normally used for communicating with parents and shall ensure, to the extent practicable, that the information is available in languages that students' parents understand.

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. L. 2021: (11) added, (SB 21-013), ch. 132, p. 535, § 2, effective May 13.

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:
   1. Satisfy nutritional standards established by the United States department of agriculture; and
   2. 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. 1. 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 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).
   2. 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.
   3. 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. 1. 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.
   2. 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. 1. 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).
   2. 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:
      1. Equally distribute forty-five percent to the BOCES that submit plans pursuant to subsection (1) of this section;
      2. 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
      3. 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.
   3. 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.

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:
   1. Colorado should align its education system to maximize the state's limited resources in improving student achievement and closing the learning gap;
   2. 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;
   3. 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;
   4. 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;
   5. 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;
   6. Funding for regional service areas should be consistent and sustainable over time;
   7. 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.

   (5.5) "Pupil enrollment count day" has the same meaning as set forth in section 22-54-103 (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. 1. 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.
   2. Participation by school districts or boards of cooperative services in a regional service area is voluntary.
2. 1. 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:
      1. 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 an additional council member. The terms shall run coterminously with the council member's term on his or her board.
      2. 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.
      3. 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.
      4. 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.
      5. 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.
      6. 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.
   2. 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:
   1. A list of representatives from various educational agencies and business and industry in the regional service area;
   2. A description of how the regional service area intends to use and develop state, regional, and local expertise;
   3. An outline of available funding sources, including local and regional contributions, federal moneys, and any available state resources;
   4. 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;
   5. A strategy to address the needs of participating school districts within the regional service area;
   6. A budget outlining projected expenditures by the regional service area; and
   7. Accountability criteria associated with the plan, including but not limited to:
      1. Evaluation of alignment with established state priorities;
      2. Rationale for selection of priorities based upon regional needs assessment data;
      3. Goals that are specific, measurable, achievable, and realistic, all within an established time frame;
      4. Specific outcomes demonstrated with effectiveness and efficiencies;
      5. An evaluation process and criteria; and
      6. Budget alignment with priorities and activities.
4. 1. 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.
   2. 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.
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:
   1. Data and assessment centers;
   2. Shared financial services among school districts and boards of cooperative services;
   3. Cooperative purchases;
   4. Technology infrastructure and support;
   5. Distance, online learning, and other alternative learning opportunities for students;
   6. Precollegiate programs, counseling, and dropout prevention;
   7. Capital construction planning assistance;
   8. Curriculum and instructional expertise and support;
   9. Professional development for teachers and administrators;
   10. Regional and state initiatives;
   11. Shared administration and support services for school districts;
   12. Early childhood and preschool programs; and
   13. 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 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.

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.

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.

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.

22-7-301. Legislative declaration.

1. The general assembly hereby finds that:
   1. 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;
   2. 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;
   3. 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;
   4. 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
   5. 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 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 research-based standards for family-school partnerships recognized nationally by parent teacher associations:
   1. 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;
   2. Families and school staff engage in regular, meaningful communication about student learning;
   3. 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;
   4. 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;
   5. 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
   6. 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.
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:
   1. The following members appointed by the state board:
      1. 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 state-supported 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.
      2. A representative from each of two state-based nonprofit organizations that specialize in promoting the involvement of parents of traditionally underserved populations;
      3. A representative from a nonprofit organization that specializes in promoting the involvement of parents of students with disabilities;
      4. 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;
      5. A representative of a statewide organization of parents and teachers;
      6. Repealed.
      7. A representative of a statewide organization that represents school executives;
      8. A representative of a statewide organization that represents members of school district boards of education;
      9. A representative of a statewide organization that represents teachers;
      10. A representative of a statewide organization that represents charter schools;
      11. A representative of a statewide organization that represents career and college guidance counselors; and
      12. Repealed.
      13. A person with expertise in early childhood care and education;
   2. One or more representatives from the department of education, appointed by the commissioner of education, with expertise in the following areas:
      1. Strategies to close the achievement and growth gap;
      2. The program for the education of migrant children described in article 23 of this title;
      3. The English language proficiency program described in article 24 of this title;
      4. Federal title I programs;
      5. The education of exceptional children, as defined in section 22-20-103 (12); and
      6. The family literacy education grant program created in section 22-2-124;
   3. Two persons appointed by the executive director of the department of higher education; and
   4. A representative of the department of human services appointed by the executive director of said department.
3. 1. 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.
   2. 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.

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:
   1. 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.
   2. Involving parents in programs to raise academic achievement, increase high school graduation rates, decrease student dropout rates, and close the achievement and growth gap;
   3. Involving parents in response to intervention programs in public schools and school districts;
   4. 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;
   5. Increasing parent involvement in education-related committees at the local and state levels;
   6. Designing and implementing parent education programs and centers and parent leadership training programs;
   7. Creating and implementing family-to-school liaison positions; and
   8. 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:
   1. 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
   2. Initiatives to increase admissions to institutions of higher education and the degree-completion rate and to reduce the need for remediation.
3. 1. 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.
   2. 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 practices for parent engagement with school district accountability committees and school accountability committees.
   3. 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. 1. 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.
   2. 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:
      1. 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:
         1. 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
         2. English language learners, as defined in section 22-24-103 (4);
      2. 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;
      3. For each of the three academic years immediately preceding application, the statewide assessment scores of students enrolled in the public school demonstrated that:
         1. A significant achievement or growth gap, as defined by rule of the state board, existed among identified groups of students; or
         2. The school was an academically underperforming school, as defined by rule of the state board.
   3. 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:
      1. Family-to-school liaison positions;
      2. Parent leadership training opportunities;
      3. Centers to provide parent education programs; and
      4. 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:
   1. Rules as specified in paragraph (b) of subsection (1) of this section and subsection (5) of this section;
   2. Rules establishing the time frames for submission and review of applications and selection of recipient schools;
   3. Rules specifying the information to be included in grant applications; and
   4. 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. 1. 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.
   2. 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 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.
   3. 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.
   4. 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. 1. 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.
   2. 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.

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.

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.

22-7-501 to 22-7-508. (Repealed)

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 09-163), 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. Repealed.
3. Repealed.
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.

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; (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 - repeal.

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:
   1. Criteria that a public school must meet to be designated an alternative education campus, including but not limited to the following:
      1. Having a specialized mission and serving a special needs or at-risk population;
      2. Being an autonomous public school;
      3. Having an administrator who is not under the supervision of an administrator at another public school;
      4. Having a budget separate from any other public school;
      5. Having nontraditional methods of instruction delivery; and
      6. 1. Serving students who have severe limitations that preclude appropriate administration of the assessments administered pursuant to section 22-7-1006.3;
         2. 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
         3. 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;
         4. (Deleted by amendment, L. 2010, (SB 10-154), ch. 157, p. 541, § 1, effective April 21, 2010.)
   2. 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
   3. (Deleted by amendment, L. 2009, (SB 09-163), ch. 293, p. 1520, § 2, effective May 21, 2009.)
   4. 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:

   1. 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;
   2. 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).
   3. Has been expelled from school or engaged in behavior that would justify expulsion;
   4. Has a documented history of personal drug or alcohol use or has a parent or guardian with a documented substance use disorder;
   5. Has a documented history of personal street gang involvement or has an immediate family member with a documented history of street gang involvement;
   6. 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;
   7. Has a parent or guardian in prison or on parole or probation or has experienced the loss of a parent or sibling;
   8. Has a documented history of domestic violence in the immediate family;
   9. Has a documented history of repeated school suspensions;
   10. Is a parent or pregnant woman under the age of twenty years;
   11. Is a migrant child, as defined in section 22-23-103 (2);
   12. Is a homeless child, as defined in section 22-1-102.5 (2)(a);
   13. Has a documented history of a mental health disorder or behavioral issue or has experienced significant trauma; or
   14. Is over traditional school age for his or her grade level and lacks adequate credit hours for his or her grade level.
2. 1. 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.
   2. Repealed.
   1. (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.
   2. 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.
   3. 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 education campus and to the public the performance of the alternative education campus and the performance of students enrolled in the alternative education campus.
   4. (Deleted by amendment, L. 2009, (SB 09-163), ch. 293, p. 1520, § 2, effective May 21, 2009.)
   5. 1. Notwithstanding the provisions of subsection (2.5)(a) of this section, for the 2021-22 school year, the department shall not review the performance of each alternative education campus based on the criteria specified in state board rule nor recommend to the commissioner of education, as described in section 22-11-210, regarding whether the alternative education campus shall adopt a performance, improvement, priority improvement, or turnaround plan. For the 2021-22 school year, each alternative education campus shall continue to implement the school plan type that was assigned for the preceding school year.
      2. If required to implement a priority improvement or turnaround plan during the 2020-21 school year on the basis of its plan type for the preceding school year, an alternative education campus may request a plan type for the 2021-22 school year that reflects its level of attainment based on an alternative body of evidence as described in section 22-11-210 (2.6)(b).
      3. This subsection (2.5)(e) is repealed, effective July 1, 2022.
3. 1. 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.
   2. 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. L. 2021: (2.5)(e) added, (HB 21-1161), ch. 10, p. 58, § 4, effective March 16.

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.

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)

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 09-163), 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.

22-7-611. Closing the achievement gap program - strategies - assistance - criteria - rule-making.

1. As used in this section, unless the context otherwise requires:
   1. "Eligible district" means a school district that has been identified by rule of the state board as having a significant achievement gap.
   2. "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:
   1. Using disaggregated student data to set academic improvement targets in reading, writing, mathematics, and science;
   2. 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;
   3. 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;
   4. Examining and realigning, as needed, school scheduling, academic support systems, and assignments of personnel;
   5. Designing a plan for increasing parental knowledge and skill to support academic objectives; and
   6. Identifying leaders who specialize in rehabilitating failing schools and who may serve as school principals.
4. 1. 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.
   2. 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.
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 or gifts, grants, and donations, 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.
8. The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of 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. L. 2020: (6) amended and (8) added, (HB 20-1418), ch. 197, p. 947, § 23, effective June 30.

Cross references: For the legislative declaration in HB 20-1418, see section 1 of chapter 197, Session Laws of Colorado 2020.

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 - repeal.

2. Repealed.
3. On July 1, 2020, the state treasurer shall transfer all unexpended and unencumbered state money in the closing the achievement gap cash fund to the state education fund created in section 17 (4) of article IX of the state constitution.
4. This section is repealed, effective July 1, 2021.

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. L. 2020: (1)(a) and (2) repealed and (3) and (4) added, (HB 20-1418), ch. 197, p. 947, § 22, effective June 30.

Editor's note: Amendments to subsection (1) by Senate Bill 09-163 and Senate Bill 09-256 were harmonized.

Cross references: For the legislative declaration in HB 20-1418, see section 1 of chapter 197, Session Laws of Colorado 2020.

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:
   1. There is a high correlation between student success and excellent teaching;
   2. 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;
   3. In-service training programs and similar forms of off-site course work are often unable to provide the kind of skill development needed;
   4. 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 skills-development 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:
   1. Time set aside during which teachers meet to review their assignments, present lesson plans, and provide feedback to one another; and
   2. 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. 1. 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.
   2. 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.
   3. 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 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:
   1. 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;
   2. 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;
   3. 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.
   4. 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;
   5. 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;
   6. 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;
   7. 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 .)

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:
   1. 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;
   2. 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:
   1. 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
   2. 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.

22-7-801. Legislative declaration.

1. The general assembly hereby finds and declares that:
   1. 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
   2. 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 22-7-1006.3 for the preceding academic year.
4. "Grant program" means the summer school grant program created in section 22-7-803.
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 15-1323), 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.

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. 1. 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:
      1. The time frames for submitting grant program applications;
      2. The form of the grant program application;
      3. The time frames for distribution of the grant moneys;
      4. 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
      5. Any other procedures or policies the state board deems necessary to implement and administer the grant program.
   2. 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:
   1. 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.
   2. 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.
   3. 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.

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:
   1. The number of eligible students enrolled in the school district or institute charter school, as applicable;
   2. A description of the educational services that the school district or institute charter school anticipates providing through a summer school program;
   3. 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;
   4. 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
   5. 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:
   1. Consider whether the school district's or institute charter school's summer school program complies with the requirements of section 22-7-804;
   2. 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;
   3. 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
   4. 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:
   1. The number of eligible students who participated in the school district's or institute charter school's summer school program, as applicable;
   2. 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
   3. 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.

22-7-901 to 22-7-909. (Repealed)

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.

22-7-1002. Legislative declaration.

1. The general assembly hereby finds that:
   1. 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;
   2. 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;
   3. 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.
   4. 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:
   1. 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;
   2. 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.
   3. 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:
   1. The next generation of standards-based education must consider the needs of the whole student by creating a rich and balanced curriculum;
   2. 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;
   3. 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.
   4. 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 post-graduation 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;
   5. 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;
   6. 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:
   1. 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.
   2. 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;
   3. 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.
   4. 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.
   5. 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. Repealed.
13. Repealed.
14. Repealed.
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 22-7-1011 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. 1. 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 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.
   2. 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. 1. 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).
   2. 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. 1. 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.
   2. 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 23-60-104, 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.
   3. 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.

   (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).

   1. (2.6) (a) The state board shall adopt revisions to the reading, writing, and civics standards that identify the knowledge and skills that an elementary through secondary education student should acquire relating to media literacy. The knowledge and skills relating to media literacy must give due consideration to recommendations made by the media literacy Advisory committee's report pursuant to section 22-2-145 (2)(a)(I).
   2. The initial adopted revisions required by subsection (2.6)(a) of this section, and subsequent reviews and adoptions of any appropriate revisions, must occur pursuant to the standard schedule described in subsection (6) of this section.
   1. (2.7) (a) On or before July 1, 2021, the state board shall adopt standards that identify the knowledge and skills that students should acquire as a condition of high school graduation related to Holocaust and genocide studies, as defined in section 22-1-104.7 (1), including but not limited to the Armenian Genocide.
   2. In creating the standards described in subsection (2.7)(a) of this section, the department of education shall utilize a stakeholder process that is cost-effective and efficient, including the use of experts in the community.
   3. The adoption of the standards identified in this subsection (2.7) is conditional on the receipt of gifts, grants, or donations.

   (2.8) Pursuant to the schedule of revisions set forth in subsection (6)(b)(II)(A) of this section, the state board shall ensure that the ninth through twelfth grade financial literacy standards include an understanding of:

   1. 1. The costs associated with obtaining a postsecondary degree or credential in Colorado and out of state, including but not limited to tuition and fees, room and board, and other costs;
      2. How to assess the affordability of and budget for different options for obtaining a postsecondary degree or credential;
      3. The ways in which students pay for higher education, including but not limited to using funds from savings accounts and obtaining student loans, grants, or scholarships;
      4. Types of student loan programs and types of student loan debt, including public and private loans;
      5. The purpose of the free application for federal student aid, or FAFSA, or a successor form, to access federal student aid; its use in determining a student's eligibility for federal, state, and private financial aid, including grants, scholarships, and work study, which are forms of financial aid that do not need to be repaid by the student; how to access the FAFSA electronically or in another format; and where to access help from the student's school or from other sources in completing the FAFSA;
      6. The purpose of the Colorado application for state financial aid, or CASFA, or a successor form, to access state student aid; its use by students who are not eligible for financial aid pursuant to Title IV, Part B of the federal "Higher Education Act of 1965", as amended, or an equivalent statewide financial aid application that uses FAFSA methodology to determine student financial need and eligibility for state financial aid programs; how to access the CASFA electronically or in another format; and where to access help from the student's school or from other sources in completing the CASFA.
      7. Repayment of student loans and the requirement to repay student loans, even if the student does not complete the credential, and the consequences of defaulting on student loans;
      8. State and federal programs that may be available to manage student loan debt; and
      9. Potential career earnings, including starting salary by field and level of degree or credential;
   2. Common methods for saving for retirement, including long-term investments, tax-deferred accounts, pensions, and government retirement benefits;
   3. Credit cards and managing credit card debt; and
   4. Homeownership and mortgages.
3. The state board in adopting the preschool through elementary and secondary education standards shall:
   1. 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;
   2. 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;
   3. Ensure that the standards will facilitate longitudinal measurement of each student's academic growth from preschool through elementary and secondary education;
   4. Ensure that the standards include development of postsecondary planning skills and the application of those skills;
   5. 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 self-direction; 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
   6. 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. 1. Pursuant to subsection (6)(b) of this section, 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.
   2. 1. The state board shall ensure that all preschool through elementary and secondary education standards specified in this section are reviewed at least, but not more than, once every six years pursuant to subsection (6)(b)(II) of this section.
      2. 1. On or before July 1, 2022, and on or before July 1 every six years thereafter, the state board shall perform the requirements pursuant to subsection (6)(a) of this section for approximately one-third of the preschool through elementary and secondary education standards specified in this section.
         2. On or before July 1, 2024, and on or before July 1 every six years thereafter, the state board shall perform the requirements pursuant to subsection (6)(a) of this section for approximately one-third of the preschool through elementary and secondary education standards specified in this section.
         3. On or before July 1, 2026, and on or before July 1 every six years thereafter, the state board shall perform the requirements pursuant to subsection (6)(a) of this section for the remaining approximately one-third of the preschool through elementary and secondary education standards specified in this section.

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 17-1184), 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. L. 2020: (2.7) added, (HB 20-1336), ch. 252, p. 1228, § 2, effective July 8; (6) amended, (HB 20-1032), ch. 278, p. 1362, § 1, effective September 14. L. 2021: (2.6) added, (HB 21-1103), ch. 187, p. 1001, § 3, effective May 27; (2.8) added, (HB 21-1200), ch. 284, p. 1685, § 2, effective September 7.

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. For the legislative declaration in HB 21-1103, see section 1 of chapter 187, Session Laws of Colorado 2021. For the legislative declaration in HB 21-1200, see section 1 of chapter 284, Session Laws of Colorado 2021.

22-7-1006. Preschool through elementary and secondary education - aligned assessments - adoption - revisions.

1. 1. 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:
      1. 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;
      2. Facilitate and ensure longitudinal measurement of students' academic growth over time;
      3. Provide guidance to teachers, parents, and students in determining whether each student is making the necessary progress toward achieving postsecondary and workforce readiness;
      4. 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;
      5. Maintain a high level of accountability across the state for students, schools, and school districts;
      6. Comply with the requirements of federal law with regard to statewide standardized testing; and
      7. 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.
   2. 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.
   3. 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.
   4. 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.
   5. 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.
   6. 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:
   1. 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
   2. 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. 1. 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 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.
   2. 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 - repeal.

1. 1. 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:
      1. 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.
      2. 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.
      3. The department shall administer a state assessment in social studies to students enrolled in public elementary and middle schools throughout the state. The department 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 and once in middle school. The department shall administer the social studies assessment required by this subsection (1)(a)(III) 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.
   2. Repealed.
   3. The department of education, in collaboration with local education providers, shall administer the state assessments on a schedule that the department annually sets.
   4. 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-and-paper format.
   5. The department shall review and update assessment administration and security policies as necessary to maintain the integrity of the assessments.
2. 1. 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.
   2. 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.
   3. 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 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.
   4. 1. 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.
      2. 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).
   5. 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 curriculum-based, 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. 1. 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.
   2. A child who is enrolled in a nonpublic school or participating in a nonpublic home-based 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.
   3. A student who has an individualized education program as provided in section 22-20-108, 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.
   4. If a student has an individualized education program as provided in section 22-20-108 that specifies that the student takes the state assessment, the enrolling local education 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 22-11-204, 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. 1. 1. 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. (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.
      2. 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).
   2. 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.
   3. 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. 1. 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.
   2. 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 pursuant to part 2 of article 11 of this title for the local education provider that enrolls the student.
   3. 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. 1. 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.
   2. 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.
   3. 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.
   4. 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. 1. 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.
   2. 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 addressing specific learning issues identified by the state assessment results provided pursuant to this section.
9. 1. 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.
   2. 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 22-33-104.5, 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.
11. 1. Notwithstanding the provisions of subsections (1)(a)(I), (1)(a)(II), and (3)(c) of this section, if allowed by federal law or by a waiver of federal law received from the federal department of education pursuant to subsection (11)(b) of this section, the department of education, for the 2020-21 school year, shall:
       1. Suspend the administration of the English language arts state assessment required in subsection (1)(a)(I) of this section for students enrolled in grades four, six, and eight; except that the parent of a student enrolled in one of said grades may request through the local education provider in which the student is enrolled that the student participate in the English language arts assessment;
       2. Suspend the administration of the mathematics state assessment required in subsection (1)(a)(I) of this section for students enrolled in grades three, five, and seven; except that the parent of a student enrolled in one of said grades may request through the local education provider in which the student is enrolled that the student participate in the mathematics assessment; and
       3. Suspend the administration of the science state assessment required in subsection (1)(a)(II) of this section.
    2. As soon as practicable, the department of education shall submit to the federal department of education a request for a waiver of federal law as necessary to implement subsection (11)(a) of this section, even if the federal department of education does not invite waivers to suspend the administration of state assessments.
    3. Notwithstanding the provisions of subsections (1)(a)(III) and (3)(c) of this section, the department of education shall suspend the administration of the social studies state assessment required in subsection (1)(a)(III) of this section for the 2020-21 school year.
    4. This subsection (11) is repealed, effective July 1, 2022.

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. L. 2020: (1)(a)(III) amended, (HB 20-1135), ch. 284, p. 1385, § 1, effective September 14. L. 2021: (11) added, (HB 21-1161), ch. 10, p. 57, § 1, effective March 16.

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. 1. 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.
   2. 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 provider's demonstration that the results are comparable to the results obtained on the state assessments administered in the same school years.
   3. 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.
   4. A local education provider that participates in the pilot program must:
      1. 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;
      2. 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
      3. 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:
   1. 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;
   2. 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;
   3. Provide sufficient data each school year to disaggregate and report results for student groups as defined in section 22-11-103 (34); and
   4. 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. 1. 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.
   2. 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 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.
   3. 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.
   4. 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).
   5. 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.
   6. 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:
      1. 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
      2. 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.

22-7-1008. Postsecondary and workforce readiness description - adoption - revision.

1. 1. 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:
      1. Describe the knowledge and skills that are required for a student to demonstrate postsecondary and workforce readiness;
      2. Ensure that postsecondary and workforce readiness includes demonstration of postsecondary planning skills and the ability to apply those skills;
      3. Describe the level of English language competency that a student must demonstrate in order to demonstrate postsecondary and workforce readiness;
      4. 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 23-1-125 (3), C.R.S.; and
      5. Ensure that, to the extent practicable, postsecondary and workforce readiness requires a student to demonstrate 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.
   2. 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. 1. 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.
   2. 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 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:
   1. "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.
   2. "STEM" means the combination of the disciplines of science, technology, engineering, and mathematics.
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:
   1. Meet the minimum high school graduation requirements at a high level of proficiency as specified by the granting local education provider;
   2. 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;
   3. Demonstrate proficiency in mathematics by:
      1. Achieving a score of twenty-eight or higher on the mathematics portion of the ACT college readiness assessment;
      2. 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;
      3. Achieving a score of five or higher on the mathematics portion of the international baccalaureate test;
      4. Achieving a score of four or higher on the advanced placement mathematics assessment;
      5. 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
      6. Achieving a score of eighty-five or higher on the armed services vocational aptitude battery test used for military enlistment; and
   4. 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:
      1. Inquiry-based learning, which is demonstrated through the capstone project by asking questions and defining problems;
      2. Creative problem-solving, which is demonstrated through the capstone project by developing and applying scientific and mathematical models to explain complex ideas and solutions;
      3. Experimentation, which is demonstrated through the capstone project by planning and carrying out investigations;
      4. Critical thinking, which is demonstrated through the capstone project by analyzing and interpreting data and communicating conclusions;
      5. Deductive and inductive reasoning, which is demonstrated through the capstone project by using mathematics and computational thinking;
      6. Understanding of engineering principles, which is demonstrated through the capstone project by constructing explanations and designing solutions; and
      7. 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 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:
   1. "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.
   2. "International baccalaureate" means a program of international education offered through a local education provider by a nonprofit educational foundation.
   3. "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:
   1. Demonstrate proficiency or higher in English by:
      1. 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
      2. 1. 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
         2. 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
   2. Demonstrate proficiency or higher in one or more world languages by:
      1. 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;
      2. 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
      3. Achieving a passing score on the world language portion of a nationally recognized test that is relied upon by institutions of higher education.
3. 1. 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.
   2. Notwithstanding any provision of subsection (2)(b)(I) of this section to the contrary:
      1. 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;
      2. 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.
      3. 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:
   1. Meet with interested persons throughout the state, including but not limited to:
      1. Early care and education providers;
      2. Representatives of early childhood councils;
      3. Elementary and secondary teachers, specialists in special education services, counselors, and administrators;
      4. Boards of cooperative services;
      5. Local school boards and governing boards of district charter schools and institute charter schools;
      6. Parents and students;
      7. Precollegiate and postsecondary service providers and concurrent enrollment program managers;
      8. Career and technical education faculty and administrators;
      9. Postsecondary faculty and administrators;
      10. Governing boards of institutions of higher education; and
      11. Employers and other members of the business community and labor, workforce, and economic development experts;
   2. Take into consideration the recommendations of and consult with the P-20 council;
   3. 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);
   4. 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;
   5. 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. 1. 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.
   2. 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 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:
   1. The president of the state system of community and technical colleges;
   2. One or more representatives of the local college districts;
   3. The chief academic officers or executive directors of the state institutions of higher education;
   4. The school district superintendents throughout the state; and
   5. 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:
   1. Early care and education providers;
   2. Members of the local school boards of the school districts included in the regional service area;
   3. 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
   4. 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:
   1. Collaborating in the planning, design, and implementation of:
      1. The school readiness description, the preschool through elementary and secondary education standards, and the postsecondary and workforce readiness description;
      2. Programs of instruction for preschool, elementary, secondary, and postsecondary students; and
      3. Assessments that are aligned with the school readiness and postsecondary and workforce readiness descriptions and the preschool through elementary and secondary education standards;
   2. 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;
   3. 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
   4. 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 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. 1. 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:
      1. Amendments to incorporate the preschool through elementary and secondary education standards adopted by the state board pursuant to section 22-7-1005; and
      2. Amendments to incorporate the system of assessments adopted pursuant to section 22-7-1006.
   2. 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.
   3. 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. 1. On or before December 15, 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:
      1. The standards meet or exceed the state preschool through elementary and secondary education standards; and
      2. 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.
   2. 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.
   3. 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.
   1. (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:
      1. The process for referral for academic acceleration and procedures that ensure the fair, objective, and systematic evaluation of the students referred;
      2. A decision-making process for accelerated placement that involves multiple persons, including a student's parents, rather than a sole decision-maker;
      3. Guidelines for the practice of academic acceleration, including the categories, forms, and types of academic acceleration and the award of credit;
      4. Guidelines for preventing nonacademic barriers to the use of acceleration as an educational intervention; and
      5. 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.
   2. 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 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. 1. 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.
   2. 1. 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:
         1. 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;
         2. The anticipated calendar for administering the state and local assessments during the school year; and
         3. 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.
      2. 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.
   3. 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. 1. 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.
   2. 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.
   3. 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.
   4. 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 13-1023), 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 18-011), 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. 1. 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 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.
   2. 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. 1. 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.
   2. 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:
   1. Assisting the local education provider in reviewing and revising curriculum;
   2. 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;
   3. Providing professional development for educators; and
   4. 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.

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. 1. 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.
   2. 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:
      1. 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
      2. Includes courses in visual arts and performing arts.
   3. 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. 1. 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.
   2. 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 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:
   1. Assisting the local education provider in reviewing and revising curriculum;
   2. 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;
   3. Providing professional development for educators; and
   4. 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 - definition.

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. 1. Each high school student's final transcript must describe the student's level of postsecondary and workforce readiness by indicating the student's level of performance in the postsecondary and workforce readiness program.
   2. 1. Notwithstanding any graduation requirement adopted by a local education provider, each high school student's transcript must not indicate the student's level of performance on a readiness assessment administered to the student pursuant to section 22-7-1006.3 in high school or on a national assessment.
      2. For purposes of this subsection (2)(b), "national assessment" means any assessment that is administered throughout the United States to measure postsecondary or workforce readiness.
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. 1. 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 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.
   2. 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. 1. 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.
   2. 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 10-1013), 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. L. 2020: (2) amended, (SB 20-175), ch. 256, p. 1245, § 1, effective July 8.

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 23-1-119.3 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 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. 1. 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.
   2. 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.
   3. 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:
   1. 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
   2. 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. 1. 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.
   2. 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.
   3. At a minimum, the cost study shall address the costs associated with:
      1. 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);
      2. Implementing the assessment system for the preschool through elementary and secondary education standards;
      3. Implementing the school readiness description and assessments, including creating and implementing individualized readiness plans;
      4. Incorporating career and technical education standards into the curricula;
      5. Aligning the preschool, elementary, secondary, and postsecondary education curricula with the postsecondary and workforce readiness description;
      6. 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
      7. 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:
   1. 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;
   2. 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
   3. 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.

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. 1. At a minimum, the report shall include the following information for the preceding academic year:
      1. The levels of school readiness demonstrated by students enrolled in kindergarten;
      2. 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;
      3. The levels of postsecondary and workforce readiness demonstrated by high school students; and
      4. 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.
   2. 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 17-1267), ch. 242, p. 994, § 5, effective August 9.

22-7-1101 to 22-7-1105. (Repealed)

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:
   1. 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.
   2. 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;
   3. 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;
   4. 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;
   5. 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;
   6. 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
   7. 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 for students' academic success and will require the ongoing commitment of financial and other resources from both the state and local levels.
   1. (1.5) (a) The general assembly further finds that:
      1. Reading is a critical skill that every child must develop early in the child's educational career to be successful;
      2. 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;
      3. 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;
      4. 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;
      5. 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
      6. It is the general assembly that initially strikes this balance.
   2. 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 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:
   1. 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;
   2. 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;
   3. 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
   4. 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 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. 1. "Parent" means a student's biological or adoptive parent, stepparent, foster parent, or legal guardian.
   2. 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