Colorado § 22-30.5-105.3 - Charter schools - alternative administrative units - process.

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

(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.

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