(1)(a)
There is established, as an independent agency in the department of education, the
state charter school institute. The institute is a type 1 entity, as defined in section
24-1-105, and exercises its powers and performs its duties and functions under the
department of education.
(b)In addition to any other powers or duties granted by law to the institute,
the institute shall:
(I)Review institute charter school applications and assist in the
establishment of institute charter schools throughout the state;
(II)Assist in the conversion of a school district charter school to an institute
charter school pursuant to section 22-30.5-510 (1);
(III)Approve or deny institute charter school applications and revoke, renew,
or refuse to renew institute charter school contracts;
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(1) (a)
There is established, as an independent agency in the department of education, the
state charter school institute. The institute is a type 1 entity, as defined in section
24-1-105, and exercises its powers and performs its duties and functions under the
department of education.
(b) In addition to any other powers or duties granted by law to the institute,
the institute shall:
(I) Review institute charter school applications and assist in the
establishment of institute charter schools throughout the state;
(II) Assist in the conversion of a school district charter school to an institute
charter school pursuant to section 22-30.5-510 (1);
(III) Approve or deny institute charter school applications and revoke, renew,
or refuse to renew institute charter school contracts; and
(IV) Monitor the operations of institute charter schools and the academic
achievement of students attending institute charter schools, including compliance
with applicable state and federal accountability requirements.
(c) The institute is authorized to enter into contracts or service agreements
with any public or private contractor to provide administrative services or technical
assistance to institute charter schools pursuant to this part 5. Any such contract or
service agreement shall also include provisions establishing liquidated damages
and penalties for failure to comply with the terms and conditions of the contract
and shall be in accordance with rules promulgated by the institute board.
(2) It is the intent of the general assembly that the institute shall exist to
model best practices in authorizing charter schools and make those practices
available to school districts.
(3) For purposes of federal law, the state charter school institute shall be a
local educational agency, deemed to be a public authority legally constituted within
the state for the administrative control and direction of, and to perform a service
function for, public elementary schools and secondary schools in the state.
(3.5) (a) The state charter school institute may act as the fiscal manager for
purposes of grant management for a district charter school, an institute charter
school, or a consortium of charter schools that chooses to apply for a grant through
a nonformulaic, competitive grant program created by a federal or state statute or
program; except that the provisions of this subsection (3.5) shall not apply to an
application for:
(I) A grant program created in the federal Individuals with Disabilities
Education Act, 20 U.S.C. sec. 1400 et seq., as amended, or in its implementing
regulations.
(II) (Deleted by amendment, L. 2011, (HB11-1089), ch. 55, p. 147, � 1, effective
March 25, 2011.)
(b) In acting as a fiscal manager for purposes of grant management pursuant
to this subsection (3.5), the institute shall treat district charter schools and institute
charter schools equally.
(c) The institute board, by rule, may establish a fee that a district charter
school, an institute charter school, or a consortium of charter schools shall pay if it
requests that the institute act as the fiscal manager for purposes of grant
management for the charter school or consortium of charter schools pursuant to
this subsection (3.5). The amount of the fee must not exceed the direct costs
incurred by the institute in implementing the provisions of this subsection (3.5). Any
amount received by the institute from fees paid pursuant to this subsection (3.5) is
continuously appropriated to the institute for the costs incurred in implementing
this subsection (3.5). The institute board shall adopt rules as necessary to
implement the provisions of this subsection (3.5).
(d) The state board shall promulgate rules to establish processes,
guidelines, and eligibility for a single school or consortium of schools to apply for
grants and programs pursuant to this section.
(4) For purposes of the Exceptional Children's Educational Act, article 20
of this title, the state charter school institute shall be considered an administrative
unit, responsible for assisting in the delivery of federally required services to
students enrolled in institute charter schools. The institute may provide or contract
for the provision of services to a student enrolled in an institute charter school.
(5) The state charter school institute shall be responsible for monitoring the
fiscal management of each institute charter school. Each institute charter school
shall annually provide to the institute the results of an independent financial audit
of the institute charter school. The institute shall report to the state board the same
financial information in the same format that school districts are required to report
to the state board pursuant to this title. Institute charter schools shall compile and
report to the institute the same financial information in the same format that
charter schools are required to report to school districts pursuant to part 1 of this
article.
(6) The institute and institute charter schools shall be deemed part of the
thorough and uniform system of free public schools to be established and
maintained by the general assembly, as required in section 2 of article IX of the
state constitution. The state board shall have general supervision of institute
charter schools, as required in section 1 of article IX of the state constitution.
(7) The institute, by virtue of its functions and duties, shall not be deemed to
be a school district for any purpose.
(8) The institute and the institute board are agencies of the state for
purposes of the public records provisions of part 2 of article 72 of title 24, C.R.S.,
and state public bodies for purposes of the open meetings provisions of part 4 of
article 6 of title 24, C.R.S.