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22-30.5-109. Charter schools - reporting - publicizing - limits on enrollment - moratorium prohibited.

Statute text

(1) Each local board of education that approves a charter application and enters into a charter contract with a charter school shall annually report to the department information that the department requests to evaluate the effectiveness of charter schools. The local boards of education shall provide the information on forms provided by the department. The state board shall adopt rules establishing the time lines and procedures for reporting the information required in this subsection (1).

(2) (Deleted by amendment, L. 2004, p. 1580, 8, effective June 3, 2004.)

(3) It is the intent of the general assembly that greater consideration be given to charter school applications designed to increase the educational opportunities of at-risk pupils, as defined in section 22-30.5-103.

(4) If otherwise qualified, nothing in this part 1 shall be construed to prohibit any institution certified on or before April 1, 1993, as an educational clinic pursuant to former article 27 of this title as it existed prior to August 7, 2006, from applying to become a charter school pursuant to this part 1.

(5) Nothing in this part 1 shall be construed to prevent a school in a school district which is comprised of only one school from applying to become a charter school pursuant to this part 1.

(6) A school district shall not discriminate against a charter school in publicizing the educational options available to students residing within the district through advertising, direct mail, availability of mailing lists, or other informational activities, provided that the charter school pays for its share of such publicity at cost.

(7) A chartering authority may not restrict the number of pupils a charter school may enroll; except that a charter school and its chartering authority may negotiate and agree to limitations on the number of students the charter school may enroll as necessary to:

(a) Facilitate the academic success of students enrolled in the charter school;

(b) Facilitate the charter school's ability to achieve the other objectives specified in the charter contract; or

(c) Ensure that the charter school's student enrollment does not exceed the capacity of the charter school facility or site.

(8) The local board of education of a school district shall not impose a moratorium on the approval of charter applications for charter schools within the school district.


Source: L. 93: Entire article added, p. 1057, 1, effective June 3. L. 96: (4) and (5) amended, p. 668, 6, effective May 2; (2)(a) amended, p. 754, 7, effective May 22. L. 98: (1) amended, p. 823, 31, effective August 5. L. 99: (6) added, p. 1256, 6, effective June 2. L. 2002: (7) added, p. 1750, 24, effective June 7. L. 2003: (6) amended, p. 2139, 42, effective May 22. L. 2004: Entire section amended, p. 1580, 8, effective June 3. L. 2006: (4) and (6) amended, p. 605, 19, effective August 7.


Cross references: For the legislative declaration contained in the 1999 act enacting subsection (6), see section 1 of chapter 302, Session Laws of Colorado 1999.