Joint taxation board

22-30-202. Joint taxation board. (1) (a) Any plan of organization that establishes a joint taxation district shall provide for the creation of a joint taxation district board and shall specify the membership of the board and the method of election or appointment and terms of office for members of the board. A joint taxation district board shall consist of not fewer than five members, with each participating school district board of education entitled to at least one member on the joint taxation district board. (b) The joint taxation district board created pursuant to paragraph (a) of this subsection (1) shall have the powers granted to it in the plan of organization as necessary to implement the provisions of this part 2. These powers may include, but are not limited to: (I) Calling for and certifying elections with regard to bonded indebtedness; (II) Calling for and certifying elections to raise and expend local property tax revenues in excess of the participating school districts' total program, pursuant to section 22-54-108 or 22-54-108.5; (III) Any other powers that a school district may have with regard to issuing, paying, or refunding bonded indebtedness of the joint taxation district. (2) For purposes of calling for and certifying elections with regard to bonded indebtedness, revenue, or spending limits that are under the authority of the joint taxation district board pursuant to the plan of organization, the joint taxation district board shall assume the powers and duties granted by law to a school district or a school district board of education. Source: L. 96: Entire part added, p. 62, � 17, effective July 1. L. 2007: (1)(b)(II) amended, p. 38, � 4, effective March 7. ARTICLE 30.5 Charter Schools Law reviews: For comment, The Colorado Charter Schools Act and the Potential for Unconstitutional Applications under Article IX, Section 15 of the State Constitution, see 67 U. Colo. L. Rev. 171 (1996). PART 1 CHARTER SCHOOLS ACT 22-30.5-101. Short title. This part 1 shall be known and may be cited as the Charter Schools Act. Source: L. 93: Entire article added, p. 1051, � 1, effective June 3. L. 96: Entire section amended, p. 667, � 3, effective May 2. 22-30.5-102. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) It is the obligation of all Coloradans to provide all children with schools that reflect high expectations and create conditions in all schools where these expectations can be met; (b) Education reform is in the best interests of the state in order to strengthen the performance of elementary and secondary public school pupils, that the best education decisions are made by those who know the students best and who are responsible for implementing the decisions, and, therefore, that educators and parents have a right and a responsibility to participate in the education institutions which serve them; (c) Different pupils learn differently and public school programs should be designed to fit the needs of individual pupils and that there are educators, citizens, and parents in Colorado who are willing and able to offer innovative programs, educational techniques, and environments but who lack a channel through which they can direct their innovative efforts. (2) The general assembly further finds and declares that this part 1 is enacted for the following purposes: (a) To improve pupil learning by creating schools with high, rigorous standards for pupil performance; (b) To increase learning opportunities for all pupils, with special emphasis on expanded learning experiences for pupils who are identified as academically low-achieving; (c) To encourage diverse approaches to learning and education and the use of different, innovative, research-based, or proven teaching methods; (d) To promote the development of longitudinal analysis of student progress, in addition to participation in the Colorado student assessment program, to measure pupil learning and achievement; (e) To create new employment options and professional opportunities for teachers and principals, including the opportunity to be responsible for the achievement results of students at the school site; (f) To provide parents and pupils with expanded choices in the types of education opportunities that are available within the public school system; (g) To encourage parental and community involvement with public schools; (g.5) To address the formation of research-based charter schools that use programs that are proven to be effective; (h) To hold charter schools accountable for performance through the Education Accountability Act of 2009, including but not limited to meeting state, school district, and school targets for the measures used to determine the levels of attainment of the performance indicators; (i) To provide an avenue for citizens to participate in the educational process and environment; (j) To provide citizens with multiple avenues by which they can obtain authorization for a charter school. (3) In authorizing charter schools, it is the intent of the general assembly to create a legitimate avenue for parents, teachers, and community members to implement new and innovative methods of educating children that are proven to be effective and to take responsible risks and create new and innovative, research-based ways of educating all children within the public education system. The general assembly seeks to create an atmosphere in Colorado's public education system where research and development in developing different learning opportunities is actively pursued. As such, the provisions of this part 1 should be interpreted liberally to support the findings and goals of this section and to advance a renewed commitment by the state of Colorado to the mission, goals, and diversity of public education. Source: L. 93: Entire article added, p. 1051, � 1, effective June 3. L. 94: (2)(g.5) added, p. 1378, � 1, effective May 25. L. 96: IP(2) and (3) amended, p. 668, � 4, effective May 2; (2)(c) amended, p. 752, � 1, effective May 22. L. 2004: (2)(c), (2)(d), (2)(e), (2)(g.5), (2)(h), and (3) amended and (2)(i) and (2)(j) added, p. 1569, � 1, effective June 3. L. 2009: (2)(h) amended, (SB 09-163), ch. 293, p. 1534, � 25, effective May 21. Cross references: For the Education Accountability Act of 2009, see article 11 of this title. 22-30.5-103. Definitions. As used in this part 1, unless the context otherwise requires: (1) Alternative administrative unit means the state charter school institute acting in accordance with section 22-30.5-105.3 as the administrative unit, pursuant to section 22-20-106 (1)(b), for a charter school authorized by a school district, a charter school network authorized and acting as an administrative unit pursuant to section 22-20-106 (1)(b), or a charter school collaborative authorized and acting as an administrative unit pursuant to section 22-20-106 (1)(b). (1.3) At-risk pupil means a pupil who, because of physical, emotional, socioeconomic, or cultural factors, is less likely to succeed in a conventional educational environment. (1.5) Automatic waiver means the waiver of a state statute or state board rule: (a) That is included on the list of automatic waivers adopted by rule of the state board; (b) That is available to each charter school, including an institute charter school, and is valid for the initial, or subsequent renewal, term of the charter contract; and (c) For which a charter school, including an institute charter school, is not required to submit a statement that specifies the manner in which the charter school intends to comply with the intent of the automatically waived state statute or state board rule. (2) Charter school means a public school that enters into a charter contract pursuant to the provisions of this part 1. (3) Department means the department of education created pursuant to section 24-1-115, C.R.S. (3.5) Education management provider means a nonprofit, not-for-profit, or for-profit entity that contracts with a charter school to provide, manage, or oversee all or substantially all of the educational services provided by the charter school. Education management provider does not include a charter school collaborative established pursuant to part 6 of article 30.5 of this title. (4) Local board of education means the school district board of education. (5) Moratorium means a school district's official policy of refusing to authorize charter schools and an ongoing pattern or practice of refusing to accept or review charter school applications. (6) Online pupil means: (a) For the 2007-08 budget year, a child who receives educational services predominantly through an online program or online school created pursuant to article 30.7 of this title. (b) For the 2008-09 budget year, and for each budget year thereafter, a child who receives educational services predominantly through a multi-district online school, as defined in section 22-30.7-102 (9.5), created pursuant to article 30.7 of this title. (6.5) Private school means a primary or secondary educational institution for students in kindergarten through twelfth grade or any portion thereof that may or may not have attained nonprofit status, that does not receive state funding through the Public School Finance Act of 2025, article 54 of this title 22, and that is supported in whole or in part by tuition payments or private donations. (6.6) Pupil enrollment count day has the same meaning as set forth in section 22-54-103 (10.5). (6.7) School food authority means: (a) A school district or the state charter school institute; (a.3) A charter school collaborative formed pursuant to section 22-30.5-603; (a.5) A board of cooperative services created pursuant to article 5 of this title that elects to operate as a school food authority pursuant to section 22-5-120; or (b) A district charter school or an institute charter school that: (I) The commissioner of education or his or her designee provisionally authorizes as a school food authority pursuant to section 22-32-120 (6); or (II) The department of education authorizes as a school food authority pursuant to section 22-32-120 (5). (7) State board means the state board of education. Source: L. 93: Entire article added, p. 1052, � 1, effective June 3. L. 96: IP(1) amended, p. 668, � 5, effective May 2. L. 2002: (1)(b.5) added, p. 1749, � 21, effective June 7. L. 2004: Entire section amended, p. 1570, � 2, effective June 3. L. 2006: (6.5) added, p. 669, � 9, effective April 28. L. 2007: (6) amended, p. 1085, � 6, effective July 1. L. 2009: (6.7) added, (SB 09-230), ch. 227, p. 1033, � 2, effective May 4. L. 2010: (6.7)(a) amended and (6.7)(a.5) added, (HB 10-1335), ch. 326, p. 1512, � 3, effective August 11; (6.7)(b)(I) amended, (HB 10-1422), ch. 419, p. 2076, � 40, effective August 11. L. 2011: (6.7)(a.3) added, (HB 11-1277), ch. 306, p. 1504, � 31, effective August 10. L. 2012: (6.6) added, (HB 12-1090), ch. 44, p. 150, � 6, effective March 22; (3.5) added, (SB 12-061), ch. 109, p. 375, � 2, effective April 13; (3.5) and (6) amended, (HB 12-1240), ch. 258, pp. 1333, 1316, �� 53, 25, effective June 4; (3.5) added, (SB 12-067), ch. 131, p. 450, � 1, effective August 8. L. 2014: (1.5) added, (HB 14-1292), ch. 243, p. 902, � 3, effective May 21. L. 2022: (1) amended and (1.3) added, (HB 22-1294), ch. 242, p. 1790, � 6, effective August 10. L. 2024: (6.5) amended, (HB 24-1448), ch. 236, p. 1528, � 33, effective May 23. Cross references: For the short title (Student Success Act) in HB 14-1292, see section 1 of chapter 243, Session Laws of Colorado 2014. 22-30.5-104. Charter school - requirements - authority - rules - definitions. (1) A charter school shall be a public, nonsectarian, nonreligious, non-home-based school which operates within a public school district. (2) (a) A charter school applicant cannot apply to, or enter into a charter contract with, a school district unless a majority of the charter school's pupils, other than online pupils, will reside in the chartering school district or in school districts contiguous thereto. (b) A charter school shall be a public school of the school district that approves its charter application and enters into a charter contract with the charter school. In accordance with the requirement of section 15 of article IX of the state constitution, the charter school shall be subject to accreditation by the school district's local board of education pursuant to the school district's policy for accrediting the public schools of the school district adopted pursuant to section 22-11-307 and section 22-32-109 (1)(mm). The charter school shall also be subject to annual review by the department pursuant to section 22-11-210. (3) (a) A charter school is subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, national origin, religion, ancestry, or need for special education services. A charter school is subject to any court-ordered desegregation plan in effect for the chartering school district. Enrollment in a charter school must be open to any child who resides within the school district; except that a charter school is not required to make alterations in the structure of the facility used by the charter school or to make alterations to the arrangement or function of rooms within the facility, except as may be required by state or federal law. Enrollment decisions shall be made in a nondiscriminatory manner specified by the charter school applicant in the charter school application. (a.5) A charter school may give preference to enrolling children with disabilities, as defined in section 22-20-103. Upon approval of the local board of education, the charter school may develop and implement an enrollment preference plan to increase the enrollment of children with disabilities. In exercising the enrollment preference plan for children with disabilities, a charter school shall ensure compliance with the obligation to provide a free appropriate public education in the least restrictive environment pursuant to the federal Individuals with Disabilities Education Act, 20 U.S.C. sec. 1400 et seq., as amended. A charter school may allow a parent to voluntarily provide information regarding whether the parent's child has a disability. (b) As used in this subsection (3): (I) Protective hairstyle includes such hairstyles as braids, locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and headwraps. (II) Race includes hair texture, hair type, hair length, or a protective hairstyle that is commonly or historically associated with race. (4) (a) A charter school shall be administered and governed by a governing body in a manner agreed to by the charter school applicant and the chartering local board of education. Effective July 1, 2013, each charter school that was initially chartered on or after August 6, 1997, shall organize as a nonprofit corporation pursuant to the Colorado Nonprofit Corporation Act, articles 121 to 137 of title 7, C.R.S., which shall not affect its status as a public school for any purposes under Colorado law. Notwithstanding organization as a nonprofit corporation, a charter school shall annually complete a governmental audit that complies with the requirements of the department of education. (b) An entity that holds a charter authorized pursuant to this part 1 may choose to contract with an education management provider, which education management provider may be a for-profit, a nonprofit, or a not-for-profit entity, so long as the charter school maintains a governing board that is independent of the education management provider. (4.5) (a) In order to clarify the status of charter schools for purposes of tax-exempt financing, a charter school, as a public school, is a governmental entity. Direct leases and financial obligations of a charter school shall not constitute debt or financial obligations of the school district unless the school district specifically assumes such obligations. (b) (Deleted by amendment, L. 2004, p. 1571, � 3, effective June 3, 2004.) (5) Except as otherwise provided in sections 22-20-109, 22-32-115, and 22-54-109, a charter school shall not charge tuition. (6) (a) Pursuant to contract, a charter school may operate free from specified school district policies and free from state rules pursuant to subsection (6)(b) of this section. Pursuant to contract, a local board of education may waive locally imposed school district requirements, without seeking approval of the state board; except that a charter school shall not, by contract or otherwise, operate free of the requirements contained in the Public School Finance Act of 2025, article 54 of this title 22, the requirements specified in part 4 of article 11 of this title 22 concerning school accountability committees, or the requirements contained in the Children's Internet Protection Act, article 87 of this title 22. (b) The state board shall promulgate rules that list the automatic waivers for all charter schools. In promulgating the list of automatic waivers, the state board shall consider the overall impact and complexity of the requirements specified in the statute and the potential consequences that waiving the statute may have on the practices of a charter school. In accordance with its rule-making authority, the state board may review the list of automatic waivers at its discretion. Notwithstanding any provision of this subsection (6)(b) to the contrary, the state board shall not include the following statutes on the list of automatic waivers: (I) Section 22-9-106, concerning the performance evaluation system for licensed personnel; (I.5) Section 22-32-109 (1)(b), concerning procedures for competitive bidding in the purchase of goods and services, except professional services; (II) Section 22-32-109 (1)(n), concerning the annual school calendar and teacher-pupil contact hours; (II.5) Section 22-32-110 (1)(y), concerning the power to accept and expend gifts, donations, or grants; and (III) Part 2 of article 63 of this title 22, concerning the employment of licensed personnel. (c) A school district, on behalf of a charter school, may apply to the state board for a waiver of a state statute or state rule that is not an automatic waiver. Notwithstanding this subsection (6), the state board shall not waive a statute or rule relating to: (I) School accountability committees as described in section 22-11-401; (II) The assessments required to be administered pursuant to section 22-7-1006.3; (III) School performance reports pursuant to part 5 of article 11 of this title; (IV) The Public School Finance Act of 2025, article 54 of this title 22; (V) The Children's Internet Protection Act, article 87 of this title 22; (VI) The requirement to post on the internet the statutes for which waivers are granted as provided in section 22-44-305; (VII) Any provisions of section 22-1-130 relating to notification to parents of alleged criminal conduct by charter school employees; (VIII) Section 22-33-106.1 concerning suspension and expulsion of students in preschool through second grade; (IX) Subsection (3) of this section and sections 22-32-110 (1)(k) and 22-63-206 (1) relating to discrimination based on hair texture, hair type, hair length, or a protective hairstyle that is commonly or historically associated with race; (X) Any provision of section 22-1-145 relating to the use of a student's chosen name, as defined in section 22-1-145 (1), in a public school; (XI) The wearing of cultural or religious objects at school graduation ceremonies pursuant to section 22-1-142.5; or (XII) A provision of article 74.1 of title 24 concerning the policies to comply with information and access. (d) Upon request of a charter applicant, the state board and the local board of education of the school district to which the charter applicant applies shall provide summaries of the state and district rules and policies to use in preparing a charter school application. The department shall prepare the summary of state rules within existing appropriations. A waiver of state rules or local school district regulations made pursuant to this subsection (6) must be for the term of the charter for which the waiver is made; except that a waiver of state statutes or state board rules by the state board is subject to periodic review as provided by state board rule and may be revoked if the waiver is deemed no longer necessary by the state board. A school district that applies to the state board for a waiver on behalf of a charter school is only required to provide a complete copy of the signed charter contract. (7) (a) A charter school shall be responsible for its own operation including, but not limited to, preparation of a budget, contracting for services, facilities, and personnel matters. (b) A charter school may negotiate and contract with a school district, the governing body of a state college or university, the state of Colorado, a school food authority, a charter school collaborative, a board of cooperative services, another district charter school, an institute charter school, or any third party for the use of a school building and grounds, the operation and maintenance thereof, and the provision of any service, activity, or undertaking that the charter school is required or chooses to perform in order to carry out the educational program described in its charter contract. Any services for which a charter school contracts with a school district shall be provided by the district at cost. The charter school shall have standing to sue and be sued in its own name for the enforcement of any contract created pursuant to this paragraph (b). (c) In no event shall a charter school be required to pay rent for space which is deemed available, as negotiated by contract, in school district facilities. All other costs for the operation and maintenance of the facilities used by the charter school shall be subject to negotiation between the charter school and the school district. (d) A charter school or an institute charter school authorized pursuant to part 5 of this article that is operating in a school district building may purchase the building and the grounds upon which the building is located from the school district, at the school district's discretion, according to terms established by mutual agreement of the parties. If a charter school that has purchased a school building and grounds pursuant to this paragraph (d) vacates the school building and grounds or elects to sell the school building and grounds, the school district that sold the school building and grounds to the charter school pursuant to this paragraph (d) shall have first right of refusal to reacquire and purchase the property at fair market value or in accordance with other terms of repurchase established by mutual agreement of the parties. (e) Notwithstanding the provisions of paragraphs (b) and (c) of this subsection (7) or the provisions of subsection (7.5) of this section, a school district that has space in district facilities that is unoccupied may sell the facilities or use the facilities for a different purpose and is not required to maintain ownership of the facilities for potential use by a charter school. (7.5) (a) No later than November 1, 2016, and no later than November 1 each year thereafter, each school district that authorizes a charter school and that has or is expecting to have one or more vacant or underused buildings or vacant or underused land available during the next school year shall prepare a list of the vacant or underused buildings and land and provide the list, upon request, to charter schools authorized by the school district, charter school applicants, and other interested persons. The school district shall also post on its website a notice that the list of underused and vacant buildings and land is available to interested persons upon request. The school district must provide the list within two school days after receiving a request. No later than forty-five days after the school district posts the availability of the list or after receiving the list, whichever is later, a charter school of the school district or charter applicant may apply to the school district to use the building or the school district land as the location for the charter school. The local board of education shall review each application for use and, in a public meeting held no later than ninety days after the school district posts the availability of the list, approve or disapprove each application for use of the building or school district land. If the local board of education disapproves an application for use, it must explain at the public meeting and provide in writing to the applicant the reasons for disapproval. (b) For purposes of this subsection (7.5), a building is considered underused if it has unused capacity to accommodate two hundred fifty students or more. (8) A charter school shall be authorized to offer any educational program, including but not limited to an online program or online school created pursuant to article 30.7 of this title, that may be offered by a school district and that is research-based and has been proven to be effective, unless expressly prohibited by state law. (9) All decisions regarding the planning, siting, and inspection of charter school facilities shall be made in accordance with section 22-32-124 and as specified by contract with the charter school's chartering school district. (10) A charter school may apply for authorization as a school food authority pursuant to section 22-32-120. (11) (a) If a charter school chooses to apply, alone or with a consortium of charter schools, for a grant through a nonformulaic, competitive grant program created by a federal or state statute or program, the charter school or consortium of charter schools is the local education agency only for the purposes of applying and determining eligibility for the grant and may request, pursuant to section 22-30.5-503 (3.5), that the state charter school institute act as a fiscal manager for the charter school or consortium of charter schools for purposes of grant management. The charter school or consortium of charter schools shall pay the fee, if any, imposed by the state charter school institute board as provided in section 22-30.5-503 (3.5). (b) A charter school that applies for a grant pursuant to this subsection (11) shall provide to its authorizing district: (I) A copy of the grant application at the time the application is submitted to the grant maker; (II) Notice that the charter school did or did not receive the grant moneys; and (III) If the charter school receives the grant moneys, a summary of the grant requirements, a summary of how the charter school is using the grant moneys, and periodic reports on the charter school's progress in meeting the goals of the grant as stated in its application. (c) If a charter school intends to apply for a grant that the school's authorizing school district is also intending to apply for, the charter school shall seek to collaborate with the school district in the application and to submit the application jointly. If the charter school and the school district are unable to agree to collaborate in applying for the grant, the charter school may apply for the grant pursuant to this subsection (11) independently or in collaboration with other charter schools. (12) Pursuant to the provisions of section 22-32-110 (1)(jj), a charter school shall not withhold records required for enrollment in another school or institution of higher education or the diploma, transcript, or grades of any student for failure to pay a fine or fee or to return or replace school property. (13) Each charter school shall annually distribute to each employee informational materials relating to federal student loan repayment programs and student loan forgiveness programs, including updated materials, received from its chartering school board pursuant to section 22-32-109 (1)(pp). In addition to annual distribution, a charter school shall distribute the informational materials to newly hired employees as part of its employee orientation process. The charter school may distribute the informational materials to its employees through an email to employees or as part of a mailing or regular communication to employees. Source: L. 93: Entire article added, p. 1053, � 1, effective June 3. L. 94: (5) amended, p. 812, � 24, effective April 27; (3), (5), and (6) amended, p. 1378, � 2, effective May 25. L. 96: (6) amended, p. 752, � 2, effective May 22. L. 97: (2) amended, p. 585, � 14, effective April 30; (4) amended, p. 400, � 1, effective August 6. L. 99: (7)(b) amended, p. 1256, � 5, effective June 2; (4.5) and (8) added, p. 1209, � 1, effective August 4. L. 2000: (6) amended, p. 349, � 4, effective April 10; (4) amended, p. 1855, � 55, effective August 2; (9) added, p. 519, � 1, effective August 2. L. 2001: (6) amended, p.1498, � 22, effective June 8. L. 2002: (2) and (8) amended, p. 1749, � 22, effective June 7. L. 2003: (6) amended, p. 2477, � 33, effective August 15. L. 2004: Entire section amended, p. 1571, � 3, effective June 3. L. 2007: (7)(e) added, p. 740, � 15, effective May 9; (7)(d) added, p. 1592, � 1, effective May 31; (8) amended, p. 1088, � 12, effective July 1. L. 2008: (3) amended, p. 1600, � 21, effective May 29. L. 2009: (7)(b) amended and (10) added, (SB 09-230), ch. 227, p. 1033, � 3, effective May 4; (2)(b) and (6)(b) amended, (SB 09-163), ch. 293, p. 1534, � 26, effective May 21; (6)(a) and (6)(b) amended, (SB 09-090), ch. 291, p. 1445, � 22, effective August 5. L. 2010: (7)(b) amended and (11) added, (SB 10-161), ch. 250, pp. 1115, 1117, �� 1, 6, effective August 11. L. 2011: (11) amended, (HB 11-1089), ch. 55, p. 147, � 2, effective March 25; (7)(b) amended, (HB 11-1277), ch. 306, p. 1504, � 32, effective August 10. L. 2012: (11)(a) amended, (SB 12-121), ch. 177, p. 637, � 4, effective May 11; (8) amended, (HB 12-1240), ch. 258, p. 1316, � 26, effective June 4; (4) amended, (SB 12-067), ch. 131, p. 450, � 2, effective August 8. L. 2013: (11)(a) amended, (HB 13-1219), ch. 104, p. 362, � 8, effective August 7. L. 2014: (6) amended, (HB 14-1292), ch. 243, p. 902, � 4, effective May 21. L. 2015: (6)(c)(II) amended, (HB 15-1323), ch. 204, p. 723, � 28, effective May 20. L. 2016: (6)(b)(II) and (7)(e) amended and (7.5) added, (HB 16-1422), ch. 351, pp. 1436, 1434, �� 16, 12, effective June 10. L. 2017: (6)(b), (6)(c)(IV), and (6)(c)(V) amended and (6)(c)(VI) added, (HB 17-1375), ch. 287, p. 1596, � 7, effective June 2; (12) added, (HB 17-1301), ch. 201, p. 746, � 2, effective August 9. L. 2018: (6)(c)(V) and (6)(c)(VI) amended and (6)(c)(VII) added, (HB 18-1269), ch. 268, p. 1653, � 3, effective August 15. L. 2019: (13) added, (SB 19-057), ch. 35, p. 114, � 6, effective August 2; (6)(c)(VI) and (6)(c)(VII) amended and (6)(c)(VIII) added, (HB 19-1194), ch. 160, p. 1887, � 4, effective July 1, 2020. L. 2020: (3), (6)(c)(VII), and (6)(c)(VIII) amended and (6)(c)(IX) added, (HB 20-1048), ch. 8, p. 16, � 4, effective September 14. L. 2021: (3)(a) amended, (HB 21-1108), ch. 156, p. 892, � 22, effective September 7. L. 2022: (3)(a.5) added, (HB 22-1294), ch. 242, p. 1787, � 1, effective August 10. L. 2024: (6)(c)(VIII) and (6)(c)(IX) amended and (6)(c)(X) added, (HB 24-1039), ch. 127, p. 426, � 4, effective April 29; (6)(a) and (6)(c)(IV) amended, (HB 24-1448), ch. 236, p. 1528, � 34, effective May 23; (3)(b)(II) and (6)(c)(IX) amended, (HB 24-1451), ch. 354, p. 2411, � 2. effective June 3; (6)(c)(VIII) and (6)(c)(IX) amended and (6)(c)(XI) added, (HB 24-1323), ch. 419, p. 2861, � 3. effective June 5. L. 2025: IP(6)(c), (6)(c)(X), and (6)(c)(XI) amended and (6)(c)(XII) added, (SB 25-276), ch. 240, p. 1223, � 25, effective May 23. Editor's note: (1) Amendments to subsection (5) by HB 94-1001 and SB 94-215 were harmonized. (2) Amendments to subsection (6)(b) by SB 09-090 and SB 09-163 were harmonized. (3) Amendments to subsection (6)(c)(IX) by HB 24-1039, HB 24-1323, and HB 24-1451 were harmonized. Cross references: (1) For the legislative declaration contained in the 1999 act amending subsection (7)(b), see section 1 of chapter 302, Session Laws of Colorado 1999. For the legislative declaration contained in the 2008 act amending subsection (3), see section 1 of chapter 341, Session Laws of Colorado 2008. For the legislative declaration in HB 19-1194, see section 1 of chapter 160, Session Laws of Colorado 2019. For the legislative declaration in HB 21-1108, see section 1 of chapter 156, Session Laws of Colorado 2021. For the legislative declaration in SB 25-276, see section 1 of chapter 240, Session Laws of Colorado 2025. (2) For the short title (Student Success Act) in HB 14-1292, see section 1 of chapter 243, Session Laws of Colorado 2014. (3) For the short title (Creating a Respectful and Open World for Natural Hair Act of 2020 or the CROWN Act of 2020) and the legislative declaration in HB 20-1048, see sections 1 and 2 of chapter 8, Session Laws of Colorado 2020. 22-30.5-104.5. Charter school and charter authorizer standards review committee - creation - duties - repeal. (Repealed) Source: L. 2010: Entire section added, (HB 10-1412), ch. 248, p. 1106, � 1, effective May 21. Editor's note: Subsection (4) provided for the repeal of this section, effective August 30, 2011. (See L. 2010, p. 1106.) 22-30.5-104.7. Charter school networks - authority - definitions. (1) As used in this section, unless the context otherwise requires, charter school network means a charter school pursuant to this part 1, an institute charter school pursuant to part 5 of this article, or a charter school authorized by the Colorado school for the deaf and the blind, any of which subsequently organizes an additional school or schools pursuant to the same statutory authority. A charter school network is responsible for governance, oversight, and monitoring of compliance and performance for each school, as required by the charter contract or contracts and by applicable state or federal laws. (2) Notwithstanding any provision of this article to the contrary, a charter school network: (a) May hold one or more charter contracts through one or more authorizers for purposes of operating more than one school; (b) May be governed by a single governing body; (c) May use one or more charter contracts if the charter school network operates more than one school through the same authorizer; except that, if more than one school holding a distinct school code assigned by the department operates under the same contract, the authorizer is: (I) Obligated to separately accredit each school; and (II) Legally empowered to not renew, revoke, or otherwise take action with respect to each school without being obligated to take action toward another school operated by the charter school network; (d) Is authorized to make necessary and appropriate expenditures from any lawful source for central office purposes and to allocate funds among the schools that it operates, as permitted by law and consistent with the terms of the charter contract. A charter school network: (I) Shall not spend additional local revenues authorized pursuant to sections 22-54-107.5, 22-54-108, and 22-54-108.5 or proceeds from bonded indebtedness incurred pursuant to article 42 of this title that are allocated for a school authorized by one authorizer to support a school authorized by a different authorizer; (II) Shall account for all additional local revenues authorized pursuant to sections 22-54-107.5, 22-54-108, and 22-54-108.5 or proceeds from bonded indebtedness incurred pursuant to article 42 of this title and their expenditure and shall report the expenditures separately, as needed, to demonstrate that the funds have been expended appropriately; (III) Commencing July 1, 2015, comply with section 22-44-304 (1)(d) in reporting expenditures at the local education provider and school-site level. (3) Nothing in this section affects the process for granting or denying a request for a separate or new school code to any one school within a charter school network. (4) Nothing in this section allows a charter school network to open a school without authorizer consent as part of the application process pursuant to section 22-30.5-107, 22-30.5-510, or 22-80-102 (4)(b). (5) The authorizer of a school that is part of a charter school network shall collect, analyze, and report data from state assessments in accordance with statute, state board rules, and school district or state charter school institute performance frameworks for each school operated by the charter school network. The charter school network shall report the performance of each school as a separate school, and each school must be held independently accountable for its performance. (6) Each charter school network shall comply with the audit requirements imposed on charter schools as follows: (a) The charter school network shall be audited as an organization, treating the charter school network as a single legal entity; except that the authorizing school district for a charter school that is included in the network may request and the network shall provide an audit of the school district's charter school; (b) The charter school network shall report as supplementary information in its audited financial statements a balance sheet and statement of revenues, expenditures, and changes in fund balances using the modified accrual basis of accounting for each charter school campus that has a separate school code within the charter school network; and (c) The audit must address compliance with paragraph (d) of subsection (2) of this section. Source: L. 2015: Entire section added, (HB 15-1184), ch. 80, p. 230, � 1, effective August 5. L. 2016: (6) added, (HB 16-1422), ch. 351, p. 1433, � 10, effective June 10. 22-30.5-104.9. Charter schools - status as public entities - requirements - charter school boards of directors and school leaders - duties - conflicts - applicable law - definitions. (1) As used in this section: (a) Charter school means a charter school created and operating pursuant to this part 1, an institute charter school created and operating pursuant to part 5 of this article 30.5, a charter school network created and operating pursuant to section 22-30.5-104.7, a charter school collaborative created and operating pursuant to part 6 of this article 30.5, or a charter school created and operated by the Colorado school for the deaf and blind pursuant to section 22-80-102 (4)(b). (b) Public entity means a public body, local public body, public corporation, body politic and corporate, political subdivision, public unit, or any other defined term in law in which school districts, including charter schools, are expressly included in or exempt from the public sector in the definition or application of the defined term. (2) For the purpose of any law, excluding title 1, title 7, and this title 22, that applies to or exempts a public entity or that applies to or exempts a public official: (a) A charter school has the same public status as a public school that is geographically located in the same school district; (b) Board directors and school leaders, by virtue of their roles within a public charter school, are deemed public servants; and (c) A school leader of a charter school has the same or similar authority as a school district superintendent. (3) A charter school that is operating on May 15, 2023, shall provide the information required for an inventory of local government pursuant to section 24-32-116 to the department of local affairs within ninety days after May 15, 2023. A charter school that begins operating after May 15, 2023, shall provide such information to the department of local affairs within ninety days after becoming a charter school as determined pursuant to subsection (7) of this section. (4) A person who is a director on a charter school board of directors on May 15, 2023, shall take, sign, and file an oath of office pursuant to section 24-12-101 within eighty days after May 15, 2023. A person who becomes a director on a charter school board of directors after May 15, 2023, shall take, sign, and file an oath of office pursuant to section 24-12-101 no later than eighty days after becoming a director on the charter school board of directors. (5) Notwithstanding any other provision of law and unless otherwise stated in title 7, if there is a conflict between a law that is specifically applicable to charter schools and any provision in articles 30 or 121 through 137 of title 7, and any statute incorporated by reference therein, the law that is specifically applicable to charter schools controls. (6) Notwithstanding the provisions of subsection (2) of this section, each charter school is subject to the provisions of section 1-45-117 as a political subdivision of the state. (7) For purposes of any law that is made applicable to charter schools pursuant to this section, a charter school applicant is deemed to have become a charter school on July 1 following the execution of a contract by the applicant. Source: L. 2023: Entire section added, (SB 23-287), ch. 189, p. 925, � 11, effective May 15. Cross references: For the legislative declaration in SB 23-287, see section 1 of chapter 189, Session Laws of Colorado 2023. 22-30.5-105. Charter schools - contract contents - regulations. (1) (a) An approved charter application shall serve as the basis for a contract between a charter school and the chartering local board of education. (b) A local board of education may approve a charter school application submitted by a nonprofit entity and enter into a charter contract directly with the nonprofit entity to operate a charter school. A local board of education shall not approve a charter school application that is submitted by a for-profit entity or that identifies a for-profit entity as one of the charter applicants, and the local board of education shall not enter into a charter contract directly with a for-profit entity to operate a charter school. (2) (a) The contract between a charter school and the chartering local board of education shall reflect all agreements regarding the release of the charter school from school district policies. Each charter school's contract shall include a statement specifying the manner in which the charter school shall comply with the intent of the state statutes, state board rules, and district rules that are waived for the charter school by application. (b) Repealed. (c) A contract between a charter school and the chartering local board of education approved on or after July 1, 2002, shall specify: (I) If the contract is not a renewal of an expiring contract, the manner in which the school district governed by the local board of education will support any start-up facility needs of the charter school; (II) The manner in which the school district governed by the local board of education will support any long-term facility needs of the charter school; (III) The actions that the charter school must take in order to: (A) Have its capital construction needs included as part of the next ballot question for approval of bonded indebtedness to be submitted by the local board of education of its chartering school district to the voters of the district; or (B) Have the local board of education submit a ballot question for approval of a special mill levy to finance the capital construction needs of the charter school to the voters of the district pursuant to section 22-30.5-405; (IV) The financial information, including but not limited to an annual governmental audit, the charter school must report to the chartering school district, the deadline for reporting such information to the chartering school district in order to enable the chartering school district to comply with the requirements specified in this title and in rules promulgated by the state board pertaining to reporting financial information to the department of education, and the circumstances under which the chartering school district may withhold a portion of the charter school's monthly payment as provided in section 22-30.5-112 (8) for failure to comply with financial reporting requirements specified in the contract; and (V) Whether, and the circumstances under which, the local board of education delegates to the charter school the authority to impose a transportation fee on students who are enrolled in the charter school and, if so, the procedures for imposition of the fee. (3) A contract between a charter school and the chartering local board of education shall reflect all requests for release of the charter school from state statutes and state board rules that are not automatic waivers and a list of the automatic waivers that the charter school is invoking. Within ten days after the contract is approved by the chartering local board of education, the chartering local board of education shall deliver to the state board any request for waiver of state statutes and state board rules that are not automatic waivers. The chartering local board of education shall request the release by submitting a complete copy of the signed charter contract. Within forty-five days after a request for release is received by the state board, the state board shall either grant or deny the request. If the state board grants the request, it may orally notify the chartering local board of education and the charter school of its decision. If the state board denies the request, it shall notify the chartering local board of education and the charter school in writing that the request is denied and specify the reasons for denial. If the chartering local board of education and the charter school do not receive notice of the state board's decision within forty-five days after submittal of the request for release, the request shall be deemed granted. If the state board denies a request for release that includes multiple state statutes or state board rules, the denial shall specify the state statutes and state board rules for which the release is denied, and the denial shall apply only to those state statutes and state board rules so specified. (4) A material revision of the terms of a charter contract may be made only with the approval of the chartering local board of education and the governing body of the charter school. (5) A term included in a charter contract that would require a charter school to waive or otherwise forgo receipt of any amount of additional mill levy revenue due to the charter school as provided in section 22-32-108.5 or any amount of operational or capital construction money provided to the charter school pursuant to the provisions of this article 30.5 or pursuant to any other provision of law is hereby declared null and void as against public policy and is unenforceable. In no event shall this subsection (5) be construed to prohibit a charter school from contracting with its chartering local board of education for the purchase of services, including but not limited to the purchase of educational services. (6) A charter school that provides a half-day kindergarten educational program before the 2019-20 school year and chooses to expand the kindergarten educational program to a full day shall notify the chartering local board of education of the expansion of the kindergarten educational program and of the school year in which the anticipated program expansion takes effect. The charter school and the authorizing local board of education shall amend the charter contract as necessary to allow for the program expansion. If the local board objects to the program expansion, the local board shall provide to the charter school a written explanation of the grounds for its objection. If the charter school and the authorizing local board of education cannot agree on an amendment to the charter contract for the program expansion, the charter school may file a notice with the state board as provided in section 22-30.5-108 to appeal the decision of the local board concerning a unilateral imposition of conditions on the charter school. The state board shall decide the appeal in accordance with the provisions of section 22-30.5-108. Negotiations to