2202-R-0.00 STATEMENT OF BASIS AND PURPOSE:

THESE RULES ARE ADOPTED UNDER AUTHORITY GRANTED TO THE STATE BOARD OF EDUCATION IN THE COLORADO CONSTITUTION, ARTICLE IX, SECTION 1; AND COLORADO REVISED STATUTES 22-30.5-201 THROUGH 22-30.5-209.

0.01 THE BASIC PURPOSES OF THE CHARTER SCHOOL DISTRICT PILOT PROGRAM:

● TO FREE CHARTER SCHOOL DISTRICTS FROM THE RESTRICTIONS AND REQUIREMENTS OF STATE LAWS AND REGULATIONS WHICH MAY PREVENT SCHOOL DISTRICTS FROM ACHIEVING EFFECTIVE EDUCATION REFORM.

● TO DETERMINE WHETHER ALLOWING SCHOOL DISTRICTS TO OPERATE UNDER A CHARTER CAN HELP A DISTRICT MORE EFFECTIVELY ACHIEVE ITS GOAL OF EDUCATION REFORM. ● TO ALLOW CHARTER SCHOOL DISTRICTS TO SPECIFY THEIR OWN DUTIES, RESPONSIBILLITIES, AND OPERATIONS.

0.02 INTRODUCTION:

THESE RULES DESCRIBE THE REQUIREMENTS AND PROCEDURES A SCHOOL DISTRICT MUST COMPLY WITH IN ORDER TO BECOME A PILOT CHARTER SCHOOL DISTRICT. THESE RULES ARE PROMULGATED IN COMPLIANCE WITH PART 2 OF THE CHARTER SCHOOLS ACT.

1.00 DEFINITIONS:

1.01 CHARTER SCHOOL DISTRICT:

A SCHOOL DISTRICT OPERATING UNDER A CHARTER THAT HAS BEEN APPROVED BY THE STATE BOARD OF EDUCATION PURSUANT TO 22-30.5-205.

1.02 EMPLOYER:

THE STATE OF COLORADO, THE GENERAL ASSEMBLY, ANY STATE DEPARTMENT, BOARD, COMMISSION, BUREAU, AGENCY, OR INSTITUTION, THE COLORADO ASSOCIATION OF SCHOOL BOARDS, THE COLORADO HIGH SCHOOL ACTIVITIES ASSOCIATION, THE FIRE AND POLICE PENSION ASSOCIATION, THE SPECIAL DISTRICTS ASSOCIATION, THE COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY, THE PUBLIC EMPLOYEES' RETIREMENT ASSOCIATION, ALL SCHOOL DISTRICTS IN COLORADO INCLUDING A CHARTER SCHOOL DISTRICT EXCEPT IN THE CITY AND COUNTY OF DENVER, AND ANY POLITICAL SUBDIVISION, CITY, MUNICIPALITY, COUNTY, HOUSING AUTHORITY, SPECIAL DISTRICT, LIBRARY DISTRICT, REGIONAL PLANNING COMMISSION, PUBLIC HOSPITAL, COUNTY OR DISTRICT HEALTH DEPARTMENT, STATE UNIVERSITY, STATE COLLEGE, STATE JUNIOR COLLEGE, OR OTHER PUBLIC ENTITY THAT IS AFFILIATED WITH THE PLAN.

1.03 LOCAL BOARD OF EDUCATION:

THE SCHOOL DISTRICT BOARD OF EDUCATION.

1.04 STATE BOARD:

THE STATE BOARD OF EDUCATION.

2.00 ELIGIBLE APPLICANTS:

2.01 ANY SCHOOL DISTRICT WITH A PUPIL ENROLLMENT OF FIFTEEN THOUSAND OR LESS

SHALL BE ELIGIBLE TO APPLY TO BECOME A CHARTER SCHOOL DISTRICT.

2.02 APPLICATIONS TO THE STATE BOARD SHALL BE CONSIDERED ON A FIRST COME, FIRST

SERVED BASIS UNTIL SUCH TIME AS THE MAXIMUM OF FIVE CHARTER SCHOOL DISTRICTS HAVE BEEN APPROVED BY THE STATE BOARD PURSUANT TO THESE RULES.

3.00 APPLICATION CONTENTS - REQUIRED

A CHARTER SCHOOL DISTRICT APPLICATION TO THE STATE BOARD SHALL CONTAIN THE FOLLOWING:

1. A STATEMENT OF MISSION AND PURPOSE FOR OPERATING THE SCHOOL DISTRICT UNDER A CHARTER, INCLUDING A CLEAR STATEMENT OF THE SCHOOL DISTRICT'S GOALS AND OBJECTIVES;

2. EVIDENCE OF BROAD BASED SUPPORT AMONG PARENTS, TEACHERS, AND PUPILS WITHIN THE APPLYING SCHOOL DISTRICT FOR THE FORMATION OF A CHARTER SCHOOL DISTRICT BY WAY OF A PETITION, PUBLIC OPINION SURVEY, OR OTHER SIMILAR, RELIABLE INDICATOR OF PUBLIC OPINION;

3. EVIDENCE THAT THE CHARTER IS EDUCATIONALLY SOUND AND IS IN THE BEST EDUCATIONAL INTEREST OF THE STUDENTS;

4. EVIDENCE THAT THE PLAN FOR THE CHARTER SCHOOL DISTRICT IS ECONOMICALLY SOUND;

5. AN EXPLANATION OF THE RELATIONSHIP THAT WILL EXIST BETWEEN THE CHARTER SCHOOL DISTRICT AND ITS EMPLOYEES, INCLUDING EVIDENCE THAT THE TERMS AND CONDITIONS OF EMPLOYMENT HAVE BEEN ADDRESSED WITH AFFECTED EMPLOYEES AND THEIR RECOGNIZED REPRESENTATIVE OR REPRESENTATIVES, IF ANY.

6. ASSURANCES THAT THE CHARTER SCHOOL DISTRICT WILL:

A. OPERATE AS A PUBLIC, NONSECTARIAN, NONRELIGIOUS PUBLIC SCHOOL DISTRICT, WITH CONTROL OF INSTRUCTION VESTED IN THE DIRECTORS OF THE LOCAL BOARD OF EDUCATION, UNDER THE GENERAL SUPERVISION OF THE STATE BOARD, PURSUANT TO ARTICLE IX OF THE STATE CONSTITUTION;

B. OPERATE WITHIN THE SAME GEOGRAPHICAL BOUNDARIES THAT EXISTED PRIOR TO ITS BECOMING A CHARTER SCHOOL DISTRICT UNLESS ITS BOUNDARIES ARE CHANGED PURSUANT TO THE SCHOOL DISTRICT ORGANIZATION ACT OF 1992 (ARTICLE 30 OF TITLE 22, C.R.S.);

C. RECEIVE STATE MONEYS AS PROVIDED IN THE PUBLIC SCHOOL FINANCE ACT OF 1994 (ARTICLE 54 OF TITLE 22, C.R.S.) AS IF IT DID NOT OPERATE UNDER A CHARTER;

D. BE IN COMPLIANCE WITH THE INDIVIDUALS WITH DISABILITIES ACT AND PROVIDE SPECIAL EDUCATION SERVICES FOR STUDENTS WITH DISABILITIES AS PROVIDED IN THE EDUCATION OF EXCEPTIONAL CHILDRENS ACT (ARTICLE 20 OF TITLE 22, C.R.S.);

E. BE LIABLE FOR TIMELY PAYMENT ON ITS BONDED INDEBTEDNESS AND SUBJECT TO THE SAME BONDED INDEBTEDNESS LIMITATIONS AS IF IT DID NOT OPERATE UNDER A CHARTER;

F. BE SUBJECT TO ALL FEDERAL AND STATE LAWS AND CONSTITUTIONAL PROVISIONS PROHIBITING DISCRIMINATION ON THE BASIS OF DISABILITY, RACE, CREED, COLOR, GENDER, NATIONAL ORIGIN, RELIGION, ANCESTRY, OR NEED FOR SPECIAL EDUCATION SERVICES;

G. BE SUBJECT TO ANY COURT ORDERED DESEGREGATION PLAN IN EFFECT FOR THE SCHOOL DISTRICT AT THE TIME THE DISTRICT'S CHARTER APPLICATION IS APPROVED;

H. BE OPEN TO ANY CHILD WHO RESIDES WITHIN THE STATE AS IF THE CHARTER SCHOOL DISTRICT WERE NOT OPERATING UNDER A CHARTER;

I. BE ACCOUNTABLE TO THE STATE BOARD FOR PURPOSES OF ENSURING COMPLIANCE WITH THE CHARTER PROVISIONS AND THE REQUIREMENTS OF SECTION 1 OF ARTICLE IX OF THE STATE CONSTITUTION;

J. BE IN COMPLIANCE WITH THE SCHOOL DISTRICT ELECTION ACT (ARTICLE 31 OF TITLE 22, C.R.S.);

K. BE IN COMPLIANCE WITH THE PUBLIC SCHOOL OF CHOICE ACT (ARTICLE 36, TITLE 22, C.R.S.);

L. BE IN COMPLIANCE WITH THE FINANCIAL POLICIES AND PROCEDURES ACT (ARTICLES 40 TO 43, TITLE 22, C.R.S.);

M. BE IN COMPLIANCE WITH THE PUBLIC SCHOOL FINANCE ACT OF 1988, PART 4 - EDUCATION REFORM (ARTICLE 53, TITLE 22, C.R.S.);

N. BE IN COMPLIANCE WITH THE TEACHER CERTIFICATION; LICENSURE; TEACHER EMPLOYMENT; COOPERATIVE TEACHER EDUCATION; EXCEPTIONAL LEARNING; AND TEACHER EMPLOYMENT, COMPENSATION, AND DISMISSAL ACTS (ARTICLES 60 TO 64 OF TITLE 22, C.R.S.);

O. BE IN COMPLIANCE WITH THE REPORTING REQUIREMENTS CONTAINED IN 22-33- 105, 22-44-105(4), AND 22-53-207 C.R.S.; AND P. BE IN COMPLIANCE WITH THE RULES FOR THE ADMINISTRATION OF THE ACCREDITATION OF SCHOOLS AND SCHOOL DISTRICTS, 1 CCR 301-1. NOTE: AN APPROVED CHARTER SCHOOL DISTRICT IS NOT SUBJECT TO ANY STATE STATUTES OR REGULATIONS CONCERNING SCHOOL DISTRICTS EXCEPT AS MAY BE PROVIDED FOR IN THESE RULES, IN THE APPROVED CHARTER OR THOSE PROVIDED FOR IN PART 2 OF THE CHARTER SCHOOLS ACT (22-30.5-201 THRU 209, C.R.S.).

7. EVIDENCE THAT THE LOCAL BOARD HAS SUBMITTED THE ISSUE OF WHETHER TO OPERATE THE SCHOOL DISTRICT AS A CHARTER SCHOOL DISTRICT TO THE ELECTORATE.

8. EVIDENCE THAT THE ELIGIBLE ELECTORS OF THE SCHOOL DISTRICT AT ANY REGULAR BIENNIAL SCHOOL ELECTION OR AT A SPECIAL ELECTION APPROVED THE CREATION OF A CHARTER SCHOOL DISTRICT. SUCH ELECTION SHALL BE CONDUCTED PURSUANT TO ARTICLES 1 TO 13 OF TITLE 1, C.R.S.

NOTE: THE LOCAL BOARD OF EDUCATION SHALL NAME A DESIGNATED ELECTION OFFICIAL WHO SHALL BE RESPONSIBLE FOR CALLING AND CONDUCTING THE SPECIAL ELECTION; AND THE LOCAL BOARD OF EDUCATION MAY CONTRACT WITH A COUNTY CLERK AND RECORDER TO BE THE DESIGNATED ELECTION OFFICIAL OR FOR THE ADMINISTRATION OF ANY OF THE DUTIES OF THE DESIGNATED ELECTION OFFICIAL RELATING TO THE CONDUCT OF AN ELECTION CALLED FOR THE CREATION OF A CHARTER SCHOOL DISTRICT.

4.00 CHARTER SCHOOL DISTRICT - CONTRACT

4.01 AN APPLICATION APPROVED BY THE STATE BOARD SHALL CONSTITUTE AN AGREEMENT,

AND THE TERMS THEREOF SHALL BE THE TERMS OF A CONTRACT BETWEEN THE CHARTER SCHOOL DISTRICT AND THE STATE BOARD.

4.02 THE APPROVED APPLICATION MUST BE INCORPORATED INTO THE ENTERPRISE

ACCREDITATION CONTRACT APPROVED BY THE STATE BOARD PURSUANT TO THE RULES FOR THE ADMINISTRATION OF THE ACCREDITATION OF SCHOOLS AND SCHOOL DISTRICTS (1 CCR 301-1).

4.03 THE APPROVED CONTRACT SHALL REFLECT ALL AGREEMENTS REGARDING THE

OPERATION OF THE CHARTER SCHOOL DISTRICT.

4.04 THE TERMS OF THE CONTRACT MAY BE REVISED AT ANY TIME, WITH THE APPROVAL OF

BOTH THE STATE BOARD AND THE LOCAL BOARD OF EDUCATION, WHETHER OR NOT THE STATED PROVISIONS OF THE CONTRACT ARE BEING FULFILLED.

4.05 THE CONTRACT MAY BE APPROVED INITIALLY FOR A PERIOD NOT TO EXCEED SIX

ACADEMIC YEARS.

4.06 A CONTRACT MAY BE RENEWED FOR A PERIOD OF UP TO SIX ACADEMIC YEARS IN

CONJUNCTION WITH THE STATE BOARD'S PROCEDURES FOR RENEWING AN ENTERPRISE ACCREDITATION CONTRACT IN COMPLIANCE WITH THE RULES FOR THE ADMINISTRATION OF THE ACCREDITATION OF SCHOOLS AND SCHOOL DISTRICTS, 1 CCR 301-1.

5.00 QUALITY ASSURANCE:

5.01 THE COLORADO DEPARTMENT OF EDUCATION SHALL VISIT EACH CHARTER SCHOOL

DISTRICT AT LEAST ONCE EACH YEAR TO DETERMINE THE STATUS AND PROGRESS TOWARD THE GOALS OF THE CHARTER SCHOOL DISTRICT IN CONJUNCTION WITH THE STATE BOARD'S ACCREDITATION REQUIREMENTS AND THE ENTERPRISE ACCREDITATION CONTRACT.

5.02 IF THE STATE BOARD OF EDUCATION FINDS THAT THE CHARTER SCHOOL DISTRICT IS

NOT IN COMPLIANCE WITH THE CHARTER, THE CHARTER SCHOOL DISTRICT WILL BE PLACED ON ACCREDITATION PROBATION PURSUANT TO THE RULES FOR THE ADMINISTRATION OF ACCREDITATION OF SCHOOLS AND SCHOOL DISTRICTS, 1 CCR 301-1.

5.03 IF THE STATE BOARD OF EDUCATION FINDS THAT GROUNDS EXIST TO REVOKE A

CHARTER SCHOOL DISTRICT'S ACCREDITATION, PURSUANT THE RULES FOR THE ADMINISTRATION OF THE ACCREDITATION OF SCHOOLS AND SCHOOL DISTRICTS (1 CCR 301-1), THE CHARTER WILL BE SIMULTANEOUSLY REVOKED.