Colorado § 22-30.7-105 - Program criteria - guidelines - quality standards - records - rules - definition.

§ 22-30.7-105. Program criteria - guidelines - quality standards - records - rules - definition.

(1) (a) A school district and the state charter school institute established pursuant to section 22-30.5-503 are hereby authorized to create or oversee single-district online programs or single-district online schools.

(b) A school district, a group of two or more school districts, a board of cooperative services created pursuant to section 22-5-104, and the state charter school institute established pursuant to section 22-30.5-503 are hereby authorized to create or oversee multi-district online schools, subject to the requirement that the authorizer apply to the online division for certification of the multi-district online school as described in section 22-30.7-106. If a school district, a group of two or more school districts, a board of cooperative services, or the state charter school institute agrees to become the authorizer for an operating multi-district online school that was previously authorized by another authorizer and certified pursuant to section 22-30.7-106, the new authorizer must apply to the online division for a new certification of the multi-district online school as described in section 22-30.7-106.

(c) Nothing in this article shall be construed to prohibit an online program or online school from providing supplemental online courses.

(2) The following guidelines apply to each online program or online school created or overseen pursuant to the provisions of this article 30.7:

(a) A student who is participating in an online program or online school is subject to compulsory school attendance as provided in article 33 of this title and is deemed to comply with the compulsory attendance requirements through participation in the online program or online school. Each online program and online school must document a student's compliance with compulsory attendance requirements by documenting the student's attendance and participation in educational activities that the online program's or online school's authorizer deems appropriate to support student learning, which activities may include, but need not be limited to, assessment, orientation, and induction activities; in-person educational instruction; and synchronous and asynchronous internet-based educational activities.

(b) Each student participating in an online program or online school is subject to the state assessments administered pursuant to section 22-7-1006.3.

(c) The provisions of article 36 of this title concerning schools of choice shall apply to an online program or online school implemented pursuant to this article.

(d) The provisions of the "Education Accountability Act of 2009", article 11 of this title 22, apply to an online program or online school implemented pursuant to this article 30.7 in the same manner as said provisions apply to the other public schools operating in this state. If an online school is on performance watch, as defined in section 22-11-103, and changes authorizers in its original form or as a successor school, as determined by the department pursuant to section 22-30.7-106 (9), or remains with the same authorizer but is created as a successor school, as determined by the department pursuant to section 22-30.7-106 (9), to the online school that is on performance watch, the online school or the successor school remains on performance watch under the new authorizer as if the authorizer had not changed. If an online school is closed as a result of actions taken pursuant to section 22-11-210 (5), the online school must reapply for certification before it may again operate in its original form or as a successor school, regardless of whether the online school or successor school is authorized by the same or a different authorizer.

(3) (a) An online program or online school that is administered pursuant to the provisions of this article shall satisfy the quality standards established by rules promulgated by the state board pursuant to paragraph (b) of this subsection (3).

(b) On or before January 1, 2008, the state board, in consultation with the online division, shall promulgate rules establishing quality standards for online programs and online schools administered pursuant to the provisions of this article. The rules shall include, but need not be limited to, the establishment of quality standards in the following areas:

(I) An online program's or online school's governance, vision, and organization;

(II) Standards-based curricula and data-driven instructional practices;

(III) Technological capacity and support;

(IV) Internet safety;

(V) Sound financial and accounting practices and resources;

(VI) Student academic performance and improvement;

(VII) Monitoring and assessment of student academic performance and improvement;

(VIII) Course completion measurements;

(IX) Attendance tracking procedures;

(X) Data analysis, management, and reporting;

(XI) Guidance counseling;

(XII) Engagement of parents and communities in online programs and online schools;

(XIII) Provisions for students with special needs, including gifted and talented students and English language learners; and

(XIV) Program evaluation and improvement.

(c) Repealed.

(4) (a) The records of each student participating in a multi-district online school shall be maintained on a permanent basis by the authorizer of the multi-district online school; except that, if a charter school provides the multi-district online school, only the charter school and not the authorizer shall be required to maintain the records. The records shall include, but need not be limited to:

(I) Attendance data;

(II) Test, evaluation, and statewide assessment results;

(III) Immunization records, as required by sections 25-4-902 and 25-4-903, C.R.S.; and

(IV) Such other records as are required under law concerning enrolled students, including but not limited to records required by state or federal statutes concerning the education of students with disabilities.

(b) (I) If a student enrolled in a school of a school district transfers to an online program or online school, the school district shall transmit, using secure electronic means if available, to the receiving online program or online school the student's complete records, including all performance, attendance, and assessment data, within fourteen days after the school district receives notice from the online program or online school that the student has enrolled in the online program or online school.

(II) If a student who is enrolled in an online program or online school transfers to a school of a school district or to an institute charter school, the online program or online school shall transmit, using secure electronic means if available, to the receiving school the student's complete records, including all performance, attendance, and assessment data, within fourteen days after the online program or online school receives notice from the school district that the student has enrolled in the school.

(5) Each student participating in an online program or online school shall be a resident of this state and shall demonstrate that he or she possesses the appropriate electronic equipment and resources to participate in the program or school; except that an online program or online school may provide such equipment and resources to a student to enable the student to participate in the online program or online school.

(6) (a) An authorizer may choose to contract with an education management provider to operate an online program or online school. An authorizer contracting with an education management provider shall maintain appropriate independence from, and oversight of, the education management provider.

(b) An education management provider shall provide the following information to the authorizer:

(I) A summary of the performance data for all of the online schools the education management provider is managing at the time of the application or has managed previously, including documentation of academic achievement and online school management success;

(II) An explanation of, and evidence demonstrating, the education management provider's capacity for successful expansion while maintaining quality in the schools that the education management provider is managing;

(III) An explanation of any existing or potential conflicts of interest between the authorizer and the education management provider; and

(IV) A copy of the actual or proposed performance contract between the authorizer and the education management provider that specifies, at a minimum, the following material terms:

(A) Performance evaluation measures;

(B) The methods of contract oversight and enforcement that the authorizer will utilize;

(C) The compensation structure and all fees that the authorizer will pay to the education management provider; and

(D) The conditions for contract renewal and termination.

(c) As used in this subsection (6), "education management provider" means a for-profit, nonprofit, or not-for-profit entity that contracts with an authorizer to provide, manage, or oversee all or a substantial portion of the educational services provided by an online program or online school.

Source: L. 2007: Entire article added, p. 1072, § 1, effective July 1. L. 2009: IP(3)(b) amended, (SB 09-112), ch. 122, p. 504, § 4, effective April 16; (2)(d) added and (3)(c) repealed, (SB 09-163), ch. 293, p. 1541, §§ 38, 39, effective May 21. L. 2012: Entire section amended, (HB 12-1240), ch. 258, p. 1320, § 38, effective June 4; (1)(a) amended, (HB 12-1212), ch. 66, p. 230, § 2, effective July 1. L. 2014: IP(2), (2)(a), and (4)(b) amended, (HB 14-1382), ch. 332, p. 1479, § 2, effective June 5. L. 2015: IP(2) and (2)(b) amended, (HB 15-1323), ch. 204, p. 724, § 32, effective May 20. L. 2019: (1)(b), IP(2), and (2)(d) amended, (SB 19-129), ch. 89, p. 331, § 2, effective April 10. L. 2026: (6) added, (SB 26-023), ch. 181, p. 1067, § 27, effective May 28.

Editor's note: Amendments to subsection (1)(a) by House Bill 12-1212 and House Bill 12-1240 were harmonized.