Colorado § 22-32.5-110.5 - Dispute resolution - innovation school zones with alternative governance.

§ 22-32.5-110.5. Dispute resolution - innovation school zones with alternative governance.

(1) The local school board and an innovation school zone with alternative governance as a whole, or a school within the innovation school zone with alternative governance, shall use a dispute resolution process to resolve disagreements regarding the administration of the innovation plan. In the event of a dispute, the parties of the dispute shall make every effort to reach a resolution, and the innovation school zone shall continue to operate under the innovation plan until the conclusion of the dispute resolution process, regardless of the revision timeline described in section 22-32.5-110. The dispute resolution process may be used if the local school board, the innovation school zone as a whole, or a school within the innovation school zone violates the terms of the approved innovation school plan or innovation school zone plan or a mutually agreed upon written agreement, including, but not limited to, a written financial agreement.

(2) A neutral third party must conduct the dispute resolution. The department shall create a list of neutral third parties who have experience with and an understanding of this article 32.5. The department shall create and maintain the list of neutral third parties and make the list available on the department's website.

(3) (a) The local school board and innovation school zone with alternative governance as a whole, or a school within the innovation school zone, shall submit concerns regarding disagreements in writing to the superintendent, or the superintendent's designee, and shall make a good faith effort to reach a resolution concerning a disagreement as described in subsection (1) of this section.

(b) If an agreement is not reached, the local school board or the innovation school zone with alternative governance as a whole, or a school within the innovation school zone, may initiate a dispute resolution process as follows:

(I) The local school board, the innovation school zone as a whole, or a school within the innovation school zone may initiate dispute resolution through a written notice to the other party and the state board of an intent to invoke the dispute resolution process pursuant to this section. Written notice must include, at a minimum, a brief description of the matter in dispute and the scope of the disagreement between the parties.

(II) Within fifteen business days after receipt of the written notice described in subsection (3)(b)(I) of this section, the local school board and the innovation school zone must agree to use a dispute resolution process to resolve the dispute; except that any form of dispute resolution that the parties choose must result in written findings by a neutral third party within sixty calendar days after receipt of written notice pursuant to subsection (3)(b)(I) of this section;

(III) The local school board and innovation school zone shall agree to a neutral third party to conduct the dispute resolution. The local school board and innovation school zone shall select a neutral third party from the list of neutral third parties created by the department pursuant to subsection (2) of this section.

(IV) The neutral third party shall accept evidence and arguments from the parties as part of the deliberative process and shall issue written findings and a determination within sixty calendar days after receipt of the written notice pursuant to subsection (3)(b)(I) of this section;

(V) To arrive at the written findings and determination, the neutral third party shall consider, at a minimum:

(A) The academic interests of the students;

(B) The fulfillment of the purposes of this article 32.5; and

(C) Stipulations between the parties;

(VI) The neutral third party shall apportion between the local school board and the organization that manages the innovation school zone all costs reasonably related to the mutually agreed upon dispute resolution process. The neutral third party shall not apportion any cost to a school within the innovation school zone.

(VII) Upon completion of the dispute resolution process, the written findings and determination of the neutral third party must be submitted to the parties as a recommendation.

(4) Resolution of a dispute arising pursuant to subsection (1) of this section must not include changes to the terms of the innovation plan that are not directly impacted by the issue that is the subject of the dispute.

Source: L. 2022: Entire section added, (SB 22-197), ch. 307, p. 2215, § 4, effective August 10.