Colorado § 22-33-104.3 - Part-time programs for homeschool students - rules - definitions - repeal.

§ 22-33-104.3. Part-time programs for homeschool students - rules - definitions - repeal.

(1) As used in this section, unless the context otherwise requires:

(a) "Local education provider" means a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22, or a board of cooperative services created and operating pursuant to article 5 of this title 22.

(b) "Part-time program for homeschool students" means a program offered by or on behalf of a local education provider that serves homeschool students enrolled on a part-time basis and funded pursuant to section 22-33-104.5 (6)(a), whether or not the program has a school code issued by the department of education. "Part-time program for homeschool students" includes all subprograms, campuses, microschools, or other components of the same part-time program that provide instruction to homeschool students.

(2) (a) A local education provider may offer one or more part-time programs for homeschool students if each program:

(I) Complies with the standards and requirements established in this section and rules adopted by the state board; and

(II) Complies with all legal requirements for part-time programs for homeschool students for the local education provider that authorizes the part-time programs for homeschool students.

(b) The state board shall adopt rules as necessary for the regulation of part-time programs for homeschool students and for the implementation or administration of this section.

(3) A part-time program for homeschool students:

(a) Shall not, directly or indirectly, fund, reimburse, or subsidize a private activity or private purchase for a student or a student's parent or legal guardian. A private activity or purchase includes, but is not limited to, activities, supplies, items, or materials of personal value that are generally not available to students in a local education provider's regular full-time programs or schools.

(b) Shall not enroll students who satisfy their compulsory school attendance requirements through an independent or a parochial school, as described in section 22-33-104 (2)(b);

(c) Shall verify the student's eligibility for pupil enrollment by requiring a copy of the notification required pursuant to section 22-33-104.5 (3)(e), retaining a copy of the notification, and making a copy of the notification available to the department of education upon request. If the local education provider is not a school district, the local education provider shall fulfill the requirements of this subsection (3)(c) in coordination with its authorizer or its member districts.

(4) Except as otherwise provided in this section, a local education provider that is:

(a) A school district or district charter school shall not operate a part-time program for homeschool students outside of the geographic boundaries of the school district;

(b) An institute charter school shall not operate a part-time program for homeschool students outside of the geographic boundaries of the school district where the institute charter school is physically located;

(c) A board of cooperative services shall not operate a part-time program for homeschool students outside of the geographic boundaries of the board of cooperative services' member school districts.

(5) A local education provider may receive authorization to operate a part-time program for homeschool students outside the geographic boundaries described in subsection (4) of this section, as applicable, through one of the following:

(a) The state board may authorize a local education provider to operate outside the geographic boundaries described in subsection (4) of this section, as applicable, pursuant to eligibility and procedural requirements for certification adopted by state board rule. The state board shall adopt rules regarding the eligibility and procedural requirements for certification pursuant to this subsection (5)(a) no later than December 31, 2026, that will apply for certification for the 2027-28 school year and for each school year thereafter. The certification process rules must include criteria and quality standards for part-time programs for homeschool students that address accountability and transparency and include reporting obligations for local education providers as are reasonably necessary for the implementation of this section. A certification pursuant to this subsection (5)(a) is valid for two years and may be subsequently renewed for two-year terms.

(b) A local board of education may authorize, in writing, a local education provider to operate a part-time program for homeschool students in the geographic boundaries of the local board of education's school district if the part-time program for homeschool students otherwise operates outside of the geographic boundaries of the local education provider. In its written authorization, the local board of education shall certify, in a form developed by the department of education, that the part-time program for homeschool students satisfies the criteria described in subsection (2) of this section. If the local board of education has provided the written authorization and certification, the school district or charter school institute may submit students who are enrolled in the part-time program for homeschool students pursuant to its pupil enrollment, as defined in section 22-54-103 (10). A written authorization pursuant to this subsection (5)(b) is valid for a term not greater than two years and may be subsequently renewed. The written authorization described in this subsection (5)(b) must be obtained from all districts where the part-time program for homeschool students provides instruction to students.

(6) (a) For the 2026-27 school year, a local education provider may receive authorization to operate a part-time program for homeschool students outside the geographic boundaries described in subsection (4) of this section, as applicable, through one of the following:

(I) The department of education may provisionally authorize a local education provider to operate outside the geographic boundaries described in subsection (4) of this section, as applicable. The department of education shall publish an application timeline and requirements no later than June 15, 2026. The department of education shall provisionally authorize a local education provider if the part-time program for homeschool students:

(A) Was in operation for the 2025-26 school year;

(B) Certifies that it will not enroll more students during the 2026-27 school year than it enrolled during the 2025-26 school year; and

(C) Satisfies the criteria described in subsection (2) of this section; or

(II) A local board of education may authorize, in writing, a local education provider to operate a part-time program for homeschool students in the geographic boundaries of the local board of education's school district if the part-time program for homeschool students otherwise operates outside of the geographic boundaries of the local education provider. In its written authorization, the local board of education shall certify, in a form developed by the department of education, that the part-time program for homeschool students satisfies the criteria described in subsections (2), (6)(a)(I)(A), and (6)(a)(I)(B) of this section. If the local board of education has provided the written authorization and certification, the school district or charter school institute may submit students who are enrolled in the part-time program for homeschool students pursuant to its pupil enrollment, as defined in section 22-54-103 (10). A written authorization pursuant to this subsection (6)(a)(II) is valid for a term not greater than two years and may be subsequently renewed. The written authorization described in this subsection (6)(a)(II) must be obtained from all districts where the part-time program for homeschool students provides instruction to students.

(b) This subsection (6) is repealed, effective July 1, 2027.

(7) Nothing in this section limits a local education provider's discretion to allow a child participating in a nonpublic home-based educational program to attend a public school for a portion of the day pursuant to section 22-33-104 .5 (6)(a) if the attendance is in the local education provider's regular on-site program rather than in a part-time program for homeschool students. This subsection (7) does not apply to online schools or programs.

Source: L. 2026: Entire section added, (SB 26-023), ch. 181, p. 1063, § 25, effective May 28.