Colorado § 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.

§ 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.