- Education-Agency Relations
- L
Adopted: February 28, 2017
Revised: October 22, 2024, January 18, 2025
RELATIONS WITH CHARTER SCHOOLS
The Board of Education believes that public school programs should be designed to fit the needs of individual students and that parents and educators have a right and responsibility to participate in the schools that serve them. The State of Colorado has recognized charter schools as one avenue for parents, teachers, and community members to provide for education of children within the public school system. The Board is committed to implementing best practices in its role as a charter school authorizer including through application of the Colorado State Board of Education’s Rules establishing guiding principles for charter school authorizers.
A charter school shall be a public, nonsectarian, nonreligious, non-home-based school that operates within the School District and is accountable to the School District's Board of Education. Charter schools are subject to all federal and state laws, constitutional provisions, and this Board’s policies prohibiting discrimination including on the basis of disability, race, creed, color, sex, sexual orientation, gender identity/expression, national origin, immigration/citizenship status, genetic information, age, religion, ancestry, family composition, physical characteristics, or conditions related to pregnancy or childbirth. A charter school has standing to sue and be sued in its own name for the enforcement of any contract it is authorized by law to enter into.
A charter school shall have an education program with student performance standards and curriculum that meets or exceeds School District and state standards. A charter school may offer any educational program that may be offered by a school district, including an online program, unless expressly prohibited by its charter or by state or federal law. The Board encourages charter applicants to develop an educational program to serve the needs of students considered "at-risk" academically as evidenced by performance on the state assessments, among other things.
Enrollment shall be open to any child who resides within the School District, in contiguous school districts and who meets the criteria in the charter application, and/or as otherwise set forth in the BVSD Board’s Open Enrollment Policy. However, no 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. According to Colorado law, the majority of the charter school's students, other than online students, must reside in the School District or in contiguous school districts. Students participating in any online program offered by the charter school are not required to reside in the School 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 charter school. A charter school shall not charge tuition except as otherwise provided by law.
Each charter school shall be governed by its own governing body in a manner agreed to by the charter school applicant and the Board.
BVSD’s Board of Education treats requests for waiver of the Board’s policies seriously and requires that charter schools submit clear rationale for requested waivers and the manner in which the charter school plans to meet the intent of the waived statute, rule, or policy. Also, the Board may require charter waivers to be reviewed when the Board updates its applicable policies. A material revision of the terms of the contract may be made only with the approval of the Board and the governing body of the school or as authorized by law.
A charter school shall comply with all the financial and budget rules, regulations, and financial reporting requirements that apply to the School District.
A charter school shall be responsible for its own operation including but not limited to preparation of a budget, contracting for services, and personnel matters. Services for which a charter school contracts with the School District shall be negotiated and provided at School District cost or as otherwise permitted by law.
Direct costs are to be negotiated prior to the beginning of each fiscal year, and the School District must provide an itemized accounting of these costs. For this purpose, "direct costs" means the direct costs incurred by the School District solely for the purpose of reviewing charter applications, negotiating the charter contract and providing direct oversight to charter schools.
No rent shall be charged for use of district facilities which may be available for the charter school.
The period for which a new district charter may be approved is a minimum of four academic years. Renewal of a School District charter shall be for specified periods of time.
LEGAL REFS.:
C.R.S. 13-80-103.9 (liability for failure to perform an education employment required background check)
C.R.S. 19-2-402 (3)(c) (charter schools pay the proportionate share of educational expense of students in juvenile detention facilities)
C.R.S. 22-2-119 (inquiries prior to hiring)
C.R.S. 22-30.5-101- * (Charter Schools Act)
C.R.S. 22-30.5-107(2) (charter school shall begin after a planning year, which shall be the next fiscal year following submission of charter application)
C.R.S. 22-30.5-110 (1.3) (district shall adopt procedures and timelines for the charter renewal process)
C.R.S. 22-30.5-110 (6) (district shall adopt procedures for closing a charter)
C.R.S. 22-30.5-112 (2)(b.5)(requiring annual negotiation of direct costs)
C.R.S. 22-30.5-701- * (Charter School Emergency Powers Act)
C.R.S. 22-32-120 (5) ( charter school may apply to the Colorado Department of Education for authorization as a school food authority)
C.R.S. 22-32-124 (decisions regarding the planning, siting, and inspection of charter schools subject to with the same statute that applies to school districts)
1 CCR 301-88 (State Board of Education's rules establishing guiding principles for charter schools and charter school authorizers)
End of File: LBD