LBD-R – Charter Schools (Procedures for Establishment, Renewal and Revocation)

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  1. Application Requirements
    1. Prerequisite for Filing Application

A District charter school applicant must demonstrate that a majority of the proposed District charter school's pupils will reside in the chartering school District or in contiguous school districts to apply for or be granted a charter.

    1. Intent to Apply

At least thirty (30) days before submitting an application, applicants must file an intent to apply form (LBD-E) with the District.

    1. Timeline for Submission of Application

In accordance with this regulation, a District charter school applicant shall submit an application to the District by February 1 eighteen (18) months prior to the proposed opening of a District charter school. This timeline allows sufficient time for District administration to review the application for completeness and a review by the District Accountability Committee before the application is officially submitted to the Board.

  1. Contents of the Application

In accordance with state law, the approved District charter school application will be the basis for negotiating a contract between the District and the District charter school. At a minimum, the application shall include the following:

    1. Intent to Apply Form (Exhibit LBD-E)
    2. Executive Summary

Provide an executive summary that outlines the elements of the application and provides an overview of the proposed charter school.

    1. Vision and Mission

Provide a copy of all vision and mission statements of the District charter school and a description of the process used to develop these statements. The mission statement must be consistent with the declared purposes set forth in state law.

    1. Goals, Objectives, and Student Performance Standards

State the proposed four-year goals for the District charter school including timelines. Describe the process used to identify the goals. The goals shall address accreditation performance indicators and applicable goals and standards in state and federal law.

    1. Purpose and Evidence of Support
      1. State the purpose for the District charter school and a geographic description of the area of intended service.
      2. Provide evidence that an adequate number of parents/guardians of school-aged children and students support the formation of the proposed District charter school and have affirmatively expressed interest in enrolling their child(ren) in the proposed District charter school. This evidence shall be shown in the aggregate (by grade level and school), without disclosing personally identifiable student information.
    2. Student Achievement and Curriculum
      1. Describe the District charter school's research-based educational program that has proven to be effective, student performance standards to be achieved by the school, and the curriculum that shall provide students with the educational experiences necessary to achieve the standards.
      2. Detail the plan for academic accountability, including a description of measurable annual targets for the measures used to determine the levels of attainment of the accreditation performance indicators.
      3. Describe the curriculum to be used in the District charter school, including a list of the objectives and means of measuring student performance for each subject and each grade level.
      4. Describe the manner in which the District charter school will collect and use longitudinal assessment data in determining and improving the academic progress achieved by District charter school students.
      5. Describe the District charter school's procedures for taking corrective action in the event that student performance at the school falls below the specified targets for the measures used to determine the levels of attainment of the accreditation performance indicators.
      6. Describe the plan/policies for addressing student attendance, discipline, expulsion, suspension, and the education of expelled or suspended students in a manner consistent with the intents and purposes of state and federal law.
      7. Describe the plan for addressing the needs of students with special needs, including budget and staff requirements. The plan shall include identifying and meeting the learning needs of at-risk students, students with disabilities, gifted and talented students, and English language learners.
    3. Criteria for Enrollment Decisions

Consistent with state and federal law, describe the enrollment policy and the criteria for enrollment decisions, including criteria for enrolling low achieving students and students who will create a diverse student population.

    1. Governance and Decision-Making
      1. Describe the governing body for the proposed charter school, including a detailed description of the relationship between the District charter school and the District.
      2. Describe the types and extent of parental, professional educator, and community involvement in the governance and operation of the District charter school consistent with state law requirements. Provide information on how the District charter school will be accountable to the public.
      3. Describe expectations and plans for ongoing parent and community involvement.
      4. Provide draft bylaws for the District charter school.
    2. Employment Plan and Practices

Describe the employment policies of the District charter school including a description of the qualifications for licensed and classified employees, employee compensation schedules(s), recruitment and selection procedures, plan(s) for resolving employee relation problems, and the relationship that will exist between the district charter school and its employees.

    1. Financial Data, Facilities, and Transportation
      1. Provide necessary evidence that the plan for the District charter school is economically sound.
      2. Include a proposed budget for a term of at least five (5) years and a description of the manner in which an annual audit of the financial statements is to be obtained, consistent with state and federal law. The District will provide a budget template to complete, and the proposed budget shall include all information and data necessary for the District and Board to understand how the District charter school will fund all of its operations during the term of the charter. A student fee schedule should be included in addition to a proposed schedule of cash flow.
      3. If the District charter school intends to seek grants, donations, or loans, the application shall identify those funding sources, include an explanation of the contingency plan if the school is unsuccessful in securing such funding, and provide a plan for meeting any loan obligations.
      4. Detail the plan for fiscal accountability and transparency.
      5. Describe the services the District charter school would like to purchase from the District.
      6. Provide a detailed summary of all insurance coverage, which shall include worker's compensation coverage, liability insurance, and insurance for the facility and its contents, and a proposal regarding the parties' respective legal liabilities.
      7. Describe the facilities to be used, the reasonable and expected costs of said facilities, and the way they will be obtained and maintained. Include any contracted services and the proposed contractor and copies of any leases entered into for said facilities.
      8. Describe the proposed student transportation system and food services program, including the contract if services will be provided by a third (outside) party. If transportation or food services are to be provided by the District charter school, include a plan for addressing the needs of low income students, for complying with insurance and liability issues associated with transportation and food service, and for complying with state and federal law requirements for transportation and food service.
      9. Address whether the District charter school seeks authority to impose a transportation fee on enrolled students and if so, describe the circumstances and procedures by which the District charter school will impose such a transportation fee.
    2. Dispute Resolution

Propose a process consistent with state law that will be used to resolve disputes that may arise between the District and the District charter school.

    1. Requested Waivers
      1. List the District policies for which waivers are requested. Include the reasons for each requested waiver.
      2. List the state laws and regulations for which waivers are requested, including those waivers identified by the State Board of Education as "automatic waivers." Include the reasons for each requested waiver.
      3. Include a statement saying how the District charter school plans to comply with the intent of the statutes, rules, and policies that are waived.
    2. Education Management Provider (if applicable)

Include the following information if the District charter school intends to contract with an education management provider (EMP):

      1. A summary of the performance data for all current schools of the EMP, including documentation of academic achievement and school management success
      2. An explanation and evidence of the EMP's capacity for successful expansion
      3. An explanation of existing or potential conflicts of interest between the governing board of the District charter school and the EMP
      4. A copy of the actual or proposed performance contract between the District charter and the EMP that specified performance evaluation measures, methods of contract oversight and enforcement, compensation structure and fees, and conditions for contract renewal and termination.
    1. Additional Information

Provide any additional information that might be helpful in supporting the application to establish a District charter school.

  1. Submission Procedures
    1. No application fee will be charged by the Board.
    2. The applicant must provide two original copies of the completed application printed single-sided on white paper and an electric copy of the application on a flash drive, via email, or through a drop box.
    3. At least thirty (30) days prior to submitting an application, the applicant shall complete the intent to apply form (Exhibit LBD-E) and provide the completed form to the District's designated administrator.
    4. On or before February 1, eighteen (18) months prior to the proposed opening of a District charter school, the applicant shall submit the application to the District's designated administrator who, along with other District administrators shall review the application for completeness.
    5. Within fifteen (15) days after receiving the application, the designated District administrator, along with other District administrators, shall review the application to determine whether all components required by law and policy have been addressed. If the application is deemed incomplete under law or policy, the District administrator will document the missing components in a written notice to the applicant by the end of that fifteen (15) day review period.
    6. Applicants shall be allowed fifteen (15) days from the date of receipt of such notification to provide information responsive to the identified deficiencies. If the application remains incomplete at the end of this time period, it will be rejected by the designated District administrator for further consideration for the subsequent school year. Alternatively, the applicant may elect to withdraw the application or submit a complete application in a future year.
    7. During this fifteen (15) day review period, the District may also request additional information and provide a reasonable time period for the District charter applicant to respond.
    8. If the application is deemed complete, the District administrator will indicate the date of receipt and forward the application to the District Accountability Committee for review.
    9. Once the application is complete, District administrators will substantively review the application and may provide feedback to the Board on the substance of the application, in addition to any feedback provided by the District Accountability Committee.
  2. Review by District Accountability Committee
    1. A subcommittee of The District Accountability Committee shall review an application before submission to the Board. The subcommittee shall include one person, who need not reside in the District, with knowledge of District charter schools, and one parent of a current student in the District. The parent must be a current dDistrict charter school parent if the dDistrict has a dDistrict charter school. The subcommittee shall also include one teacher. To the extent possible, the composition of the subcommittee should reflect the demographics of the student population of the District and should include parents from the grade levels to be served by the proposed charter school.
    2. The subcommittee will have twenty (20) calendar days to review the application before submission to the Board. Upon the subcommittee's completion of its review, the designated District administrator shall forward the application to the Board for review. The subcommittee's review of the application should focus on an assessment of the application contents required by state statute and the criteria set forth in this regulation.
  3. Review by the Board
    1. The Board shall not accept or consider an incomplete application, nor shall the Board take action on an application if the information deemed necessary by District administration to complete the application is not received within the fifteen (15) day period allowed by state law.
    2. The parties may mutually agree to waive or extend any deadlines during the application process, including extending the deadline for Board consideration of the application.
    3. Once the District Accountability Committee has submitted the completed application to the Board for review, the Board shall conduct an interview of the District charter applicant in a public meeting.
  4. Public Meetings

After giving reasonable notice, the Board shall schedule and hold at least one (1) community meetings in the District to obtain information to assist the Board to make a decision about the District charter school application.

  1. Decision on the District Charter Application
    1. The Board shall make a decision on the District charter school application by resolution in a regular or special Board meeting by no later than the June 30 following submission of the completed application to the Board. The Board may approve, approve with conditions, or deny the District charter application.
    2. The Board may impose pre-opening conditions on a District charter school applicant through adoption of a Board resolution, and by incorporating such pre-opening conditions into the charter agreement. Such resolution shall, at a minimum, state the Board's reasons for imposing the pre-opening conditions.
    3. If the application is approved, the District charter shall be granted for a period of at least four (4) academic years per state statute. If the application is approved, the Board will send a copy of the approved District charter to the Department of Education within fifteen (15) days after Board approval of the application.
    4. If the application is denied or if the Board does not review the application, the Board will set forth in writing the grounds for denial or refusal to review. The Board shall notify the Colorado Department of Education of the denial and the reasons for the denial within fifteen (15) after the denial decision is made.
  2. Negotiations

All negotiations between the Board and an approved District charter school on the District charter agreement shall be concluded by and all terms agreed-upon no later than ninety (90) days after the Board resolution approving the District charter application or by the September 30 following Board approval, whichever is later.

  1. Annual Performance Review of District Charter
    1. The District's administration shall create a process for and ensure that the District conducts an annual review of the District's charter school performance.
    2. At a minimum, the review shall include the District charter school's progress toward meeting the objectives of its accreditation plan and the results of the District charter school's most recent annual financial audit.
    3. If the District charter school is required to implement a turnaround plan for a second consecutive school year, it shall also present the turnaround plan, a summary of changes made to improve its performance, and evidence that it is making sufficient improvement to attain a higher accreditation category within two (2) school years or sooner.
    4. The District charter school shall receive written feedback from the annual review and a copy shall be given to the Board for consideration in any decision to renew, revoke, or renegotiate the District charter.
  2. Renewal of a District Charter
    1. Each District charter shall be provided with a copy of the renewal procedures and timelines contained in this regulation and receive a copy of any subsequent revisions to the procedures or timelines.
    2. As required by law, The governing body of a District charter school shall submit a renewal application to the Board no later than December 1 of the year prior to the year in which the District charter expires.
    3. The renewal application shall contain a complete report on the progress of the school in achieving the goals, objectives, student performance standards, content standards, targets for the measures used to determine the levels of attainment of the accreditation performance indicators, and other terms of the District charter contract and the results achieved by the District charter school students on state assessments.
    4. The renewal application shall also include a financial statement that discloses the costs of administration, instruction and other spending categories for the school. The District will provide a budget template to complete as a part of the renewal process.
    5. The renewal application shall also include any information or materials resulting from the District's annual review of the District charter school, including information regarding strategies implemented by the District charter school to address areas where improvement was required based on the annual review.
    6. The Board shall rule by resolution on the renewal application no later than February 1 of the year in which the District charter expires or by a mutually agreed-upon date.
  3. Revocation of a District Charter
    1. A District charter may be revoked or not renewed by the Board if the Board determines that the District charter school did any of the following:
      1. Committed a material violation of any of the conditions, standards or procedures in the contract;
      2. Failed to meet or make reasonable progress toward achievement of the goals, objectives, content standards, pupil performance standards, targets for the measures used to determine the levels of attainment of the student performance indicators, applicable federal requirements, other terms identified in the contract, or expectations identified in the annual review;
      3. Failed to meet generally accepted standards of fiscal management; or
      4. Violated any provision of law from which the District charter school is not specifically exempt.
    2. District administration shall provide the Board and District charter school a written recommendation concerning whether to revoke or renew a District charter, including reasons supporting the recommendation. The recommendation shall be submitted at least fifteen (15) days prior to the date the Board will consider action to revoke or renew a District charter.
    3. If the Board revokes or does not renew a District charter, the Board shall state its reasons for doing so in writing via resolution.
  4. Closure of a District Charter School
    1. Following nonrenewal or revocation of a District charter school's charter, the District shall, when practicable, allow the District charter school to continue to operate through the end of the school year. However, if the Board determines it is necessary to close the District charter school prior to the end of the school year, the District shall work with the District charter school to determine an earlier closure date.
    2. The District shall work with the parents of students enrolled in the District charter school to ensure that students are enrolled in schools that meet their educational needs, whether such enrollment need happen mid-year or at the end of a school year.
    3. The District shall also work with the District charter school to ensure that the District charter school meets its financial, legal, and reporting obligations during the period of time that the District charter school is concluding its operations.
      Last Revised: March 10, 2014 Current Revision: January 13, 2025
      Legal References: C.R.S. § 22-30.5-107 (charter application process)
      C.R.S. § 22-30.5-110 (charter application renewal process)
      Last Revised: January 13, 2025
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