§ 22-30.5-105.3 — Charter schools - alternative administrative units - process

Colorado § 22-30.5-105.3

• Jurisdiction: Colorado
• Title 22: Education
• Art.: Charter Schools

Text

(1) A charter school that is part of a charter school network or a member of a
charter school collaborative, which network or collaborative is authorized as an
administrative unit pursuant to section 22-20-106, shall notify its authorizing school
district of its intent to participate in the administrative unit of the network or
collaborative with which the charter school is affiliated. After the department
approves the application of a charter school network or collaborative to form an
alternative administrative unit pursuant to section 22-20-106, the charter school
that is part of the charter school network or collaborative authorized as an
administrative unit and its authorizing school district shall amend the charter
contract, pursuant to this subsection (1), as necessary to allow the charter school to
participate in the alternative administrative unit.

(2) (a) A charter school may enter into an agreement to participate in an
existing alternative administrative unit if the charter school:

(I) Demonstrates the capacity and commitment to serve children with
disabilities, as defined in section 22-20-103, through an analysis of the charter
school's existing record of serving children with disabilities or by expressly
submitting a plan to the alternative administrative unit articulating an existing or
intended commitment;

(II) Creates a strategic plan for the enrollment of children with disabilities in
the charter school to increase educational options for families with children with
disabilities;

(III) Has or develops and implements special education programming that
results in the continued enrollment of children with disabilities;

(IV) Has or develops and implements multi-tiered systems of support to
identify and refer children with disabilities to special education services; and

(V) Demonstrates how the agreement with the alternative administrative unit
will allow the charter school to better and more efficiently serve children with
disabilities.

(b) A charter school may submit a request to an existing alternative
administrative unit to enter into an agreement to participate in the existing
alternative administrative unit. An existing alternative administrative unit may enter
into an agreement only if the existing alternative administrative unit determines
that the charter school meets the criteria set forth in subsection (2)(a) of this
section.

(c) A charter school that enters into an agreement to participate in an
alternative administrative unit pursuant to subsection (2)(b) of this section shall
notify its authorizing school district of the intent to participate in an alternative
administrative unit. After the department approves an application for the
reorganization of the alternative administrative unit to include the charter school,
the charter school and its authorizing school district shall amend the charter
contract, pursuant to this section, as necessary to allow the charter school to
participate in the alternative administrative unit.

(3) (a) If the authorizing school district objects to amending a charter
school's contract to allow participation in an alternative administrative unit
pursuant to subsection (1) or (2) of this section, the authorizing school district shall
provide to the charter school a written explanation of the grounds for its objection.
If the department has approved an alternative administrative unit to include the
charter school but the charter school and its authorizing school district cannot
agree on an amendment to the charter contract for the charter school to participate
in the alternative administrative unit, the charter school may file a notice with the
state board as provided in section 22-30.5-108 to appeal the decision of its
authorizing school district as a unilateral imposition of conditions on the charter
school. The state board shall decide the appeal pursuant to section 22-30.5-108.

(b) Negotiations to amend the charter contract to allow the charter school to
participate in the alternative administrative unit must not include negotiations
regarding terms of the charter contract that are not directly impacted by the
charter school's participation in the alternative administrative unit and must not
unilaterally reopen the charter school's authorization. The amended contract may
include provisions permitting consideration of the charter school's special
education performance as part of the overall charter school performance.

(4) (a) A charter school that participates in an alternative administrative unit
is not responsible for paying any portion of the special education costs of its
authorizing school district.

(b) For a child with disabilities who is enrolled in a charter school that
participates in an alternative administrative unit, the alternative administrative unit,
for the duration of the child's enrollment in the charter school, is solely legally and
fiscally responsible for specialized instruction and related services to provide a free
appropriate public education for the child and for dispute resolution pursuant to the
Exceptional Children's Educational Act, article 20 of this title 22, and the federal
Individuals with Disabilities Education Act, 20 U.S.C. sec. 1400 et seq., as
amended. Dispute resolution includes, but is not limited to, resolution of state
complaints, due process hearings, and investigations by the federal department of
education.

(5) A school district shall not require a charter school to participate in an
alternative administrative unit as a condition of approval of its application or
approval or renewal of its contract with the school district.

Legislative History

Source: L. 2022: Entire section added, (HB 22-1294), ch. 242, p. 1791, � 7, effective August 10.