LBD – Charter Schools

The District recognizes a great deal of diversity and a wide range of needs among our students. The District is committed to providing programs that enable each student to experience our mission at the neighborhood school. At the same time, some needs may best be met in the structure provided in the Charter Schools Act (C.R.S. § 22-30.5-101 et. seq). The District also recognizes that some practices may best be implemented or piloted in the charter school structure. The Cherry Creek School District has a strong commitment to engage our community in decision making and in the development of educational programs. It is the intent of the District to follow procedures that are consistent with these practices as we make decisions about District charter school proposals. The opening of a district charter school requires a written agreement between the District charter school and the District and must be authorized by the Board of Education. A District charter school shall be a public, nonsectarian, nonreligious, non-home-based school which operates within the boundaries of the District and is accountable to the Board of Education. It is subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, sex/gender, sexual orientation, age, gender identity, gender expression, marital status, national origin, religion, ancestry, genetic information, need for special education services, or conditions related to pregnancy or childbirth. A District charter school has standing to sue and be sued in its own name for the enforcement of any contract for which it is authorized by law to enter. Enrollment in a District charter school shall be open to any child who resides within the District, as well as other Colorado school districts and who meets the criteria in the District charter application. However, no District charter school shall be required to make alterations in the structure of its facility or the arrangement or function of rooms within the facility except as may be required by state or federal law. The majority of the District charter school's students, other than online students, must reside in the District or in contiguous school districts. Students participating in any online program offered by the District charter school are not required to reside in the District or contiguous districts and there shall be no restriction on the number of online students that may enroll in any online program offered by the District charter school. A charter school shall not charge tuition except as otherwise provided by law. The relationship between the District and the charter school shall be established by a contract, which shall incorporate the provisions of the charter application once it is approved. The contract also shall reflect all agreements between the District and the charter school including any waivers of the District's Board policies and any waivers of statutory requirements and/or rules promulgated by the State Board of Education, which the Board and the charter school shall jointly request from the State Board of Education. The Board of Education considers the contract with the charter school to be of utmost importance. Violation of the contract will be considered grounds for revocation or nonrenewal of the contract. Any deadlines contained in the contract, this policy, or the Charter Schools Act may be extended by mutual agreement of the parties. The charter school contract will specify the means and frequency of reports from the charter school to the Board of Education on performance of the school. Reports will include ones addressing student achievement and fiscal and management operations. All financial reports submitted to the District shall use District provided budget templates. A District charter school shall comply with all the state financial and budget rules, regulations and financial reporting requirements with which the District is required to comply. In compliance with statutory requirements, the District will conduct an annual review of the performance of all District charter schools. All state and federal laws, rules, and regulations, and policies of the Board of Education must be met by the charter school, unless specifically waived. Each charter school shall be governed by its own governing body in a manner agreed to by the charter school applicant and the Board of Education. An approved District charter application shall serve as the basis for negotiating a contract between the District charter school and the Board. The contract shall reflect all agreements between the District and the District charter school, including any waivers of local District policies and any waivers of statutory requirements and/or rules promulgated by the State Board of Education. A District charter school shall be solely responsible for its own operation including but not limited to preparation of a budget, contracting for services and personnel matters. It is a firm expectation that the charter school will use and protect public funds with appropriate oversight, and sound financial and accounting procedures. To the extent that the District is able to do so and agrees to do so, services for which a charter school contracts with the District shall be negotiated and provided at District cost. No rent shall be charged for use of District facilities which may be available for the charter school. Any moneys received by a District charter school from any source that remain at the end of any budget year shall remain in the District charter school account for use by the District charter school in subsequent years. A District charter school may offer any educational program that may be offered by a district, including an online program, unless expressly prohibited by its District charter or by state law or rule promulgated by the State Board of Education. When a District charter school seeks to add new educational programming, they shall advise the District. Each charter school shall have an educational program with student performance standards and curriculum that meets or exceeds the District's essential benchmarks and state standards of performance. The Board encourages District charter applicants to develop an educational program to serve the needs of students considered "at-risk" academically as evidenced by poor performance on the state assessments, among other things. Each District charter school shall be responsible for providing all of the educational services for its students, including services for students with special needs and English language learners. To the extent the District is able to do so and agrees to do so, these services may be provided under contract with the District or the District charter school may contract with other appropriate providers for these services. A charter school shall begin in the fall following the date the application is approved, unless another starting date is agreed upon by the Board of Education and the applicant. The period for which a new District charter school may be approved is a minimum of four (4) academic years. Renewal of a District charter shall be for specified periods of time. Last Revised: March 10, 2014
Legal References: C.R.S. § 19-2-402 (3)(c) (charter schools pay the proportionate share of educational expenses of students in juvenile detention facilities)
C.R.S. § 22-30.5-101 et seq. (Charter Schools Act)
C.R.S. § 22-30.5-110(1.3) (district must adopt procedures and timelines for charter renewal process)
C.R.S. § 22-30.5-110(6) (district must adopt procedures for closing a charter school)
C.R.S. § 22-30.5-701 et. seq. (Charter School Emergency Powers Act)
C.R.S. § 22-32-120(5)(district charter school may apply to the Colorado Department of Education for authorization as a school food authority)
C.R.S. § 22-32-124 (all decisions regarding the planning, siting, and inspection of charter schools shall be made in accordance with the statute that applies to school districts)
1 CCR 301-88 (State Board of Education rules establishing guiding principles for charter schools and charter school authorizers)
Adoption Date: September 10, 2007 Last Revised: January 13, 2025
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