(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.