HB 23-1188 — Individualized Learning Schools And Programs

Individualizedlearningprogram-individualized learning school - authority.

(1) AUBLIC SCHOOL,OR A CHARTER SCHOOLTHATISPERMITTEDBYITSCHARTERAUTHORIZER ,MAYOFFERAN INDIVIDUALIZED LEARNING PROGRAM OR BECOME AN INDIVIDUALIZED LEARNING SCHOOL .

EACH INDIVIDUALIZED LEARNING SCHOOL OR INDIVIDUALIZED LEARNING PROGRAM IS SUBJECT TO THE SAME ASSESSMENTANDACCOUNTABILITYREQUIREMENTSTHATTHESCHOOLOR PROGRAM WOULD BE SUBJECT TO IF THE SCHOOL OR PROGRAM WERE A FULL-TIME I-PERSON PUBLIC SCHOOL PROGRAM.

(2) E ACH CHARTER SCHOOL APPLICATION MUST IDENTIFY WHETHER THE PROPOSED CHARTER SCHOOL WILL OFFER AN INDIVIDUALIZED LEARNING PROGRAM OR BECOME AN INDIVIDUALIZED LEARNING SCHOOL .

(3) (a) A EXISTING CHARTER SCHOOL MAY:

-7- HB23-1188 (I) REQUEST TO AMEND THE CHARTER CONTRACT AS NECESSARY TOALLOWTHECHARTERSCHOOLTOOFFERANINDIVIDUALIZEDLEARNING PROGRAM ;OR (II) POPOSE TO BECOME AN INDIVIDUALIZED LEARNING SCHOOL EITHER IN CONNECTION WITH THE CHARTER RENEWAL PROCESS OR PURSUANT TO AN AGREEMENT BETWEEN THE CHARTER SCHOOL AND THE CHARTER AUTHORIZER THAT THE CHARTER SCHOOL WILL SUBMIT A WRITTEN PLAN FOR BECOMING AN INDIVIDUALIZED LEARNING SCHOO.

(b) ACHARTER AUTHORIZER SHALL NOT UNREASONABLY DELAY , CONDITION, OR DENY THE REQUEST TO OFFER AN INDIVIDUALIZED LEARNINGPROGRAMPURSUANTTOSUBSECTION (3)(a)(OFTHISSECTION , OR THE PROPOSAL TO BECOME AN INDIVIDUALIZED LEARNING SCHOOL PURSUANT TO SUBSECTION (3)(a)(IOF THIS SECTIO.

F THE CHARTER AUTHORIZERDENIESTHECHARTERSCHOOL SREQUESTORPROPOSAL ,THE CHARTER SCHOOL MAY FILE A NOTICE WITH THE STATE BOARD OF EDUCATION AS PROVIDED IN SECTION 22-30.5-108TO APPEAL THE DECISION OF THE CHARTER AUTHORIZER CONCERNING A UNILATERAL IMPOSITION OF CONDITIONS ON THE CHARTER SCHOO.

(4) AN INDIVIDUALIZED LEARNING SCHOOL SHAL:

(a) O FFER AN I-PERSON INSTRUCTION SCHEDULE .

N-PERSON INSTRUCTION MUST BE AVAILABLE TO ALL ENROLLED STUDENTS WHO ELECT TO PARTICIPATE AND MAY BE REQUIRED , TO AN APPROPRIATE DEGREE ,FOR STUDENTS WHO DO NOT MAKE SATISFACTORY PROGRESS IN INDEPENDENT LEARNING ACTIVITIE.

(b) OPERATEASPART OF ORWITHINREASONABLE PROXIMITYTO , A PUBLIC SCHOOL THAT SERVES STUDENTS ENROLLED IN THE INDIVIDUALIZED LEARNING PROGRAM WHO ELECT TO HAVE OR NEED -8- HB23-1188 INCREASED IN-PERSON INSTRUCTION OR AN IN -PERSON INSTRUCTION SCHEDULE ;AND (c) H AVE A PHYSICAL LOCATION CONSISTENT WITH THE REQUIREMENTS FOR THE LOCATION OF AN EDUCATIONAL PROGRAM AS PROVIDEDINSECTIONS 22-30.5-504,22-32-109(1)(AND 22-32-109(2).

(5) AN INDIVIDUALIZED LEARNING SCHOOL OR INDIVIDUALIZED LEARNING PROGRAM MUST HAVE THE CAPACITY TO OFFER AN I-PERSON INSTRUCTION SCHEDULE .

SSIGNMENT TO AN IN-PERSON INSTRUCTION SCHEDULE IS NOT CONSIDERED A TRANSFER,REMOVAL , OR CHANGE OF LOCATION FROM ,OR A LOSS OF ENROLLMENT IN, THE INDIVIDUALIZED LEARNING SCHOOL OR INDIVIDUALIZED LEARNING PROGRAM.

(6) F THE INDIVIDUALIZED LEARNING PROGRAM AND THE PUBLIC SCHOOL PROVIDING THE IN -PERSON INSTRUCTION SCHEDULE ARE OPERATED BY :

(a) SEPARATE PUBLIC SCHOOLS ,THE PUBLIC SCHOOLS SHALL AGREE IN WRITING ON THE TERMS FOR ASSIGNMENT OF STUDENTS , FUNDING ,AND ALL OTHER OPERATIONAL DETAILS OF THE SCHOOL S RELATIONSHIP;OR (b) THE SAME PUBLIC SCHOO,THE PUBLIC SCHOOL SHALL ADOPT POLICIES AND APPOINT LEADERSHIP POSITIONS TO PROVIDE FOR THE APPROPRIATE INTEGRATION AND OPERATION OF THE INDIVIDUALIZED LEARNING PROGRAM .

(7) THEPUBLICSCHOOLESTABLISHING ,ORCHARTERAUTHORIZER APPROVING ANINDIVIDUALIZEDLEARNINGPROGRAMORINDIVIDUALIZED LEARNINGSCHOOLSHALLPROVIDETHEDEPARTMENTWRITTENNOTICEOF THE ESTABLISHMENT OR APPROVAL ,THE EFFECTIVE DATE ,AND THE INDIVIDUALIZEDLEARNINGSCHOOL SNAMEORTHENAMEOFTHESCHOOL -9- HB23-1188 OPERATING ,OR OPERATING IN CONJUNCTION WIT, AN INDIVIDUALIZED LEARNING PROGRAM .

(8) ANINDIVIDUALIZEDLEARNINGSCHOOLORTHEPUBLICSCHOOL OPERATING AN INDIVIDUALIZED LEARNING PROGRAM IS SUBJECT TO C OLORADOLAWSGOVERNINGPUBLICSCHOOLS ,EXCEPTTHOSEDIRECTLY CONTRARY TO THE PROVISIONS OF THIS ARTIC27.7 OR WAIVED.

22-27.7-105.

Individualized learning entity - enrollment.

(1) A N INDIVIDUALIZED LEARNING ENTITY SHALL BE OPEN FOR ENROLLMENT TO ANY STUDENT WITHIN A REASONABLE DISTANCE TO THE STUDENT S RESIDENCE THAT PERMITS A STUDENT TO ATTEND SCHOOL IN PERSON ON A DAILY BASIS , IF NEEDED, AS DETERMINED BY THE INDIVIDUALIZEDLEARNINGENTITY.A NINDIVIDUALIZEDLEARNINGENTITY MAYGIVEPRIORITYTOSTUDENTSRESIDINGWITHINTHESCHOOLDISTRICT WHERE THE INDIVIDUALIZED LEARNING ENTITY IS LOCAT.D (2) (a) P RIOR TO THE STUDENT'S ENROLLMENT , THE INDIVIDUALIZEDLEARNINGENTITYSHALLADVISE THE STUDENT ANDTHE STUDENT S PARENT OR LEGAL GUARDIAN THAT:

(I) T HE MIX OF INDIVIDUALIZED LEARNING ACTIVITIES AND IN-PERSON INSTRUCTION IS FLEXIBLE AND IS DEPENDENT UPON STUDENT AND PARENT CHOICE AND UPON THE STUDENT MAKING SATISFACTORY ACADEMIC PROGRESS IN INDIVIDUALIZED LEARNING ACTIVITI;AND (II) FILURE TO MAKE SATISFACTORY ACADEMIC PROGRESS IN INDIVIDUALIZED LEARNING ACTIVITIES MAY RESULT IN AN I-PERSON INSTRUCTION SCHEDULE.

(b) THEADVISEMENT REQUIREDPURSUANTTOSUBSECTION (2)(a) OF THIS SECTION MUST BE PROVIDED IN WRITING TO THE STUDENT S PARENT OR LEGAL GUARDIAN AND ACKNOWLEDGED IN WRITING BY THE -10- HB23-1188 PARENT OR LEGAL GUARDIAN AND STUDENT ,IF APPROPRIATE.

THE ADVISEMENT MUST BE INCLUDED IN THE INDIVIDUALIZED LEARNING ENTITY'SINFORMATIONALMATERIALS ,SUCHASTHESTUDENTANDPARENT HANDBOOK AND THE INDIVIDUALIZED LEARNING ENTITYS WEBSITE.THE INDIVIDUAL LEARNING ENTITY SHALL MAKE REASONABLE EFFORTS TO ENABLE THE STUDENT S PARENT OR LEGAL GUARDIAN TO REQUEST AND RECEIVE THE ADVISEMENT IN A LANGUAGE THAT THE PARENT OR LEGAL GUARDIAN IS FLUENT I.

(3) (a) AN INDIVIDUALIZED LEARNING ENTITY MAY DENY ENROLLMENTTOASTUDENT IFTHESTUDENTWASENROLLEDINANOTHER INDIVIDUALIZED LEARNING ENTITY AND WAS INVOLUNTARILY ASSIGNED TOAFULL -TIMEIN-PERSONINSTRUCTIONSCHEDULEWITHINTHECURRENT OR IMMEDIATELY PRECEDING SCHOOL YEAR.

(b) NOTWITHSTANDING SUBSECTION (3)(a)OF THIS SECTIO,AN INDIVIDUALIZED LEARNING ENTITY MAY ENROLL A STUDENT ON A CASE-BY-CASE BASIS CONDITIONED UPON STUDENT AND PARENT ASSURANCESTHATARESATISFACTORYTOTHEINDIVIDUALIZEDLEARNING ENTITY.

22-27.7-106.

Individualized learning entity - requirements.

(1) AN INDIVIDUALIZED LEARNING ENTITY SHALLBE ACCESSIBLE TO ALL STUDENTS ,INCLUDING STUDENTS WITH DISABILITI.S (2) A N INDIVIDUALIZED LEARNING ENTITY SHALL ENSURE STUDENTS HAVE ACCESS TO ALL CURRICULA , COURSE CONTENT , INSTRUCTIONALMATERIALS ,INDIVIDUALIZEDLEARNINGACTIVITIES,AND ANYOTHERLEARNINGRESOURCESTHATAREIDENTIFIEDINTHESTUDENT S WRITTEN LEARNING PLAN .

THE MATERIALS MUST BE CONSISTENT IN QUALITY TO THOSE AVAILABLE IN OTHER PUBLIC SCHOO.S -11- HB23-1188 (3) A N INDIVIDUALIZED LEARNING ENTITY MAY PURCHASE EDUCATIONAL SUPPLIES ,MATERIALS, CURRICULA, AND EQUIPMENT FOR EACH STUDENT S USE IN COURSES OR INDIVIDUALIZED LEARNING ACTIVITIES.

NY PURCHASE MUST :

(a) BE CONSISTENT WITH THE PUBLIC SCHOOS OTHER APPROVED EDUCATIONAL MATERIALS OR CURRICULA ,IF AN;

(b) CONFORM TO APPLICABLE LAWS AND RULES ;

(c) B E MADE IN A MANNER CONSISTENT WITH PURCHASES FOR OTHER STUDENTS ,IF ANY;AND (d) REMAIN THE PROPERTY OF THE SCHOOL DISTRICT OR PUBLIC SCHOOL AFTER A STUDENT COMPLETES OR EXITS THE INDIVIDUALIZED LEARNING ENTITY .

(4) T HE INDIVIDUALIZED LEARNING ENTITY SHALL INSTITUTE RELIABLE METHODSTO VERIFY THAT ASTUDENT ISDOINGTHE STUDENT 'S OWNWORK .THE METHODS MAY INCLUDE PROCTOREDEXAMINATIONSOR PROJECTS, THE USE OF WEB CAMERAS FOR DIRECT COMMUNICATION ,OR OTHER TECHNOLOGIES .

(5) W HENEVER A NONRESIDENT STUDENT ENDS ENROLLMENT IN AN INDIVIDUALIZED LEARNING ENTITY BEFORE COMPLETING THE STUDENT S COURSE OF INSTRUCTION , THE INDIVIDUALIZED LEARNING ENTITY SHALL NOTIFY THE STUDENTS RESIDENT SCHOOL DISTRIC.

(6)(a) ANINDIVIDUALIZEDLEARNINGENTITYMAYCONTRACTFOR THE PERFORMANCE OFASERVICE ,INCLUDINGANEDUCATIONALSERVICE , PURSUANT TO SECTION 22-32-122,PROVIDED THE INDIVIDUALIZED LEARNING ENTITY OPERATES SEPARATELY FROM THE CONTRACTED ENTITY.

A PERSON ON THE INDIVIDUALIZED LEARNING ENTITY 'S GOVERNING BODY SHALL NOT HAVE A DIRECT OR INDIRECT FINANCIAL -12- HB23-1188 INTEREST IN THE CONTRACTED ENTITY PROVIDING THE EDUCATIONAL SERVICE.

(b) ALLEDUCATIONALSERVICESMUSTBEREASONABLYOVERSEEN BYATEACHEREMPLOYEDBYTHEINDIVIDUALIZEDLEARNINGENTITYWHO ISRESPONSIBLEFORTHESTUDENT .ACONTRACTEDENTITYMUSTPROVIDE THE INDIVIDUALIZED LEARNING ENTITY WITH APPROPRIATE DOCUMENTATION OF THE EDUCATIONAL SERVICES PROVIDED .

(c) ANINDIVIDUALIZEDLEARNINGENTITYMAYOFFERCREDITFOR INDIVIDUALONLINE COURSES BUT SHALLNOT BE CONSIDERED AN ONLINE PROGRAM ,ANONLINE SCHOOL ,OR ALEARNINGCENTER ASTHOSE TERMS ARE DEFINED IN SECTIO22-30.7-102.

(d) NOTHINGINTHISARTICLE 27.7PREVENTSANINDIVIDUALIZED LEARNING ENTITY FROM CONTRACTING WITH ANOTHER PUBLIC SCHOOL FOR EDUCATIONAL SERVICES OR RESTRICTS A STUDENT ENROLLED IN AN INDIVIDUALIZED LEARNING ENTITY FROM USING CONCURRENT ENROLLMENT OPTIONS PURSUANT TO THE "CONCURRENT ENROLLMENT PROGRAMS A CT"ARTICLE 35OF THIS TITL22,IN HIGHER EDUCATION.

(7) (a) AEACHEREMPLOYED BY THE INDIVIDUALIZED LEARNING ENTITY IS RESPONSIBLE AND ACCOUNTABLE FOR ALL INDIVIDUALIZED LEARNING ACTIVITIES ASSIGNED TO THAT TEACHER IN THE STUDENTS WRITTEN LEARNING PLAN,INCLUDING REQUIRED SUPERVISED LEARNING, MONITORING EVALUATION ,ANDDOCUMENTATIONOFSTUDENTPROGRESS .

(b) THE INDIVIDUALIZED LEARNING ENTITY SHALL ASSIGN EACH STUDENT A DESIGNATED POINT OF CONTACT,WHICH MAY BE A TEACHER OR ADVISOR , WHO COORDINATES ALL INDIVIDUALIZED LEARNING ACTIVITIE.

(c) EACH TEACHER SHALL MAINTAIN REGULAR WEEKLY OFFICE -13- HB23-1188 HOURS WHEN THE TEACHER IS AVAILABLE FOR SCHEDULED OR UNSCHEDULED DIRECT PERSONAL CONTACT INITIATED BY A STUDENT , MENTOR ,OR PARENT .

(d) NOTWITHSTANDING THE MONTHLY PROGRESS EVALUATIONS AND INTERVENTIONS OUTLINED IN SECTION22-27.7-108EACH TEACHER IS AUTHORIZED TO REQUIRE I-PERSON INSTRUCTION AS NECESSARY TO PROPERLY SUPPORT THE STUDENT S LEARNING.

(8) THE PUBLIC SCHOOL ENTITY PROVIDING INDIVIDUALIZED LEARNING HAS THE OBLIGATIONS AND POWERS RELATED TO STUDENT DISCIPLINARY OR RESTORATIVE PROCESSES AND STUDENT TRUANCY.

22-27.7-107.

Student's written learning plan - requirements.

(1) AN INDIVIDUALIZED LEARNING ENTITY SHALL DEVELOP A WRITTEN LEARNING PLAN FOR EACH STUDENT PARTICIPATING IN INDIVIDUALIZED LEARNING THAT IS DESIGNED TO MEET THE STUDENT S INDIVIDUAL EDUCATIONALNEEDSANDPROVIDEEACHSTUDENTWITHSUBSTANTIALLY SIMILAR EXPERIENCES AND SERVICES TO THOSE OF OTHER STUDENT.

(2) THESTUDENT SWRITTENLEARNINGPLANMUSTBEDEVELOPED ANDAPPROVEDBYATEACHERWITHASSISTANCEFROMTHESTUDENT ,THE STUDENT S MENTOR ,OR OTHER INTERESTED PARTIE,AS APPROPRIATE.

(3) THE STUDENT'S WRITTEN LEARNING PLAN MUST INCLUD:

(a) ADESCRIPTIONOFEACHINDIVIDUALIZEDLEARNINGCOURSEOR LEARNING ACTIVITY THE STUDENT WILL PARTICIPATE IN , INCLUDING SPECIFIC LEARNING GOALS,PERFORMANCE OBJECTIVES,AND ACTIVITIES FOREACHCOURSE ,WRITTENINAMANNERTHATFACILITATESAMONTHLY EVALUATION OF THE STUDENT 'S PROGRESS.

THE DESCRIPTION MUST CLEARLY IDENTIFY THE REQUIREMENTS A STUDENT MUST MEET TO SUCCESSFULLY COMPLETE THE COURSE OR COURSE WORK .

THIS -14- HB23-1188 REQUIREMENTMAYBE MET WITHINDIVIDUALCOURSESYLLABIOROTHER SIMILARLY DETAILED DESCRIPTIONS OF THE LEARNING REQUIREMEN.S (b) ANESTIMATEOFTHEAVERAGENUMBEROFHOURSPERSCHOOL WEEK THE STUDENT WILL ENGAGE IN INDIVIDUALIZED LEARNING ACTIVITIES NECESSARY TO ACCOMPLISH THE LEARNING GOALS AND PERFORMANCE OBJECTIVES ;

(c) THE TEACHER RESPONSIBLE FOR EACH INDIVIDUALIZED LEARNING COURSE OR LEARNING ACTIVITY;

(d) ADESCRIPTIONOFTHEINSTRUCTIONALMATERIALSNEEDEDTO COMPLETE THE LEARNING PLAN FOR EACH INDIVIDUALIZED LEARNING COURSE OR LEARNING ACTIVITY;

(e) A DESCRIPTION OF THE TIMELINES AND METHODS FOR EVALUATING THE STUDENT S PROGRESS TOWARD ACHIEVING THE LEARNING GOALS AND PERFORMANCE OBJECTIVES ;

(f) HWEACHCOURSEMEETSTHESTATECONTENTSTANDARDSOR GRADE LEVEL EXPECTATIONS AND ANY OTHER ACADEMIC GOALS , OBJECTIVES,AND LEARNING REQUIREMENTS DEFINED BY THE PUBLIC SCHOOL ;

(g) THE ESTIMATED HOURS PER SEMESTER OF DIRECT PERSONAL CONTACT WITH STUDENTS ;THE NUMBER OF WEEKS PER SEMESTER;

AND THE TOTAL SEMESTER HOURS OF STUDENT COURSE WORK;AND (h) A STATEMENT THAT DIRECT PERSONAL CONTACT WITH THE STUDENT S MENTOR IS REQUIRED FOR PURPOSES OF IMPROVING STUDENT LEARNING .

(4) D IRECT PERSONAL CONTACT BETWEEN TEACHERS AND STUDENTSMUSTTAKEPLACEWITHTHEFREQUENCYANDDURATIONTHAT EACH TEACHER REASONABLY DETERMINES IS NECESSARY FOR EACH -15- HB23-1188 STUDENT TO MEET THE STUDENT S WRITTEN LEARNING PLAN REQUIREMENTS AND ,AT A MINIMUM,MUST TAKE PLACE AT LEAST ONCE PER SCHOOL WEEK .

HE DIRECT PERSONAL CONTACT MUST B:

(a) FRTHEPURPOSEOFINSTRUCTION ,REVIEWINGASSIGNMENTS , TESTING, EVALUATION OF STUDENT PROGRESS , OR OTHER LEARNING ACTIVITIES OR REQUIREMENTS IDENTIFIED IN THE STUDENS WRITTEN LEARNING PLAN;AND (b) RELATEDTOINDIVIDUALIZEDLEARNINGCOURSE WORKORAN INDIVIDUALIZED LEARNING ACTIVITY IDENTIFIED IN THE STUDENT S WRITTEN LEARNING PLAN.

(5) (a) F PURPOSES OF THE PUPIL ENROLLMENT COUNT DA,AS DEFINED IN SECTION 22-54-103 (10.5)TEACHERS SHALL DOCUMENT STUDENT AND MENTOR DIRECT PERSONAL CONTACT AND PROVIDE APPROPRIATEESTIMATESOFSTUDENTPARTICIPATIONINTHECURRICULUM ON SUCH DAY OR DAYS AS ARE RELIED UPON BY THE INDIVIDUALIZED LEARNING ENTITY TO DOCUMENT A PROPER STUDENT COUNT.

(b) TMEDOCUMENTED ,INCLUDINGAPPROPRIATEESTIMATES ,FOR INDIVIDUALIZEDLEARNING,INCLUDINGENROLLEDCOURSESORACTIVITIES WITHDOCUMENTEDTIMEEQUIVALENCIES ,MUSTBECOMBINEDWITHTIME SPENTDURINGIN -PERSONINSTRUCTIONFORPURPOSESOFSTUDENTCOUNT AUDITS.

22-27.7-108.

Monthlyevaluation-continuation-intervention plan - scheduling.

(1) Monthly progress evaluation.

(a) AER EMPLOYED BY THE INDIVIDUALIZED LEARNING ENTITY SHALL EVALUATE THEEDUCATIONALPROGRESSOFEACHSTUDENTATLEASTONCEAMONTH DURINGTHESTUDENT SENROLLMENT .THERESULTSOFEACHEVALUATION MUSTBECOMMUNICATEDTOTHESTUDENT ,THESTUDENT SMENTOR ,AND -16- HB23-1188 THE STUDENT'S PARENT OR LEGAL GUARDIAN.

(b) THE MONTHLY EVALUATION OF A STUDENT 'S EDUCATIONAL PROGRESS MUST :

(I) B E BASED ON THE LEARNING GOALS AND PERFORMANCE OBJECTIVES OUTLINED IN THE STUDENT S WRITTEN LEARNING PLAN , STUDENT ENGAGEMENT , EVIDENCE OF THE STUDENT LEARNING THE REQUIREDCONCEPTS ,ANDTHESTUDENT 'SSUCCESSFULCOMPLETIONOFA COURSEORINDIVIDUALIZEDLEARNINGACTIVITY ,ALLINTHEREASONABLE PROFESSIONAL JUDGMENT OF THE TEACHER;

(II) B CONDUCTED IN A MANNER CONSISTENT WITH THE PUBLIC SCHOOL S STUDENT EVALUATION OR GRADING PROCEDURES ;AND (III)NCLUDEDIRECTPERSONALCONTACTBETWEENTHETEACHER AND THE STUDENT ;EXCEPT THAT DIRECT PERSONAL CONTACT IS NOT REQUIRED AS A PART OF THE EVALUATION CONDUCTED IN THE FINAL MONTHOFTHESCHOOLYEARIFTHEEVALUATIONTAKESTHEFORMOFTHE DELIVERYOFFINALGRADESTOTHESTUDENTANDTHESTUDENT SPARENT .

(c) THE TEACHER SHALL IDENTIFY PROGRESS TOWARD , OR SATISFACTION O,STATE CONTENT STANDARDS IN EACH INSTANCE WHEN THE LEARNINGGOALS AND PERFORMANCE OBJECTIVESIDENTIFIEDINTHE STUDENT S WRITTEN LEARNING PLAN ADDRESS STATE CONTENT STANDARDS .

(d) ITHE MONTHLYEVALUATIONISNOT COMPLETEDWITHINTHE CALENDAR MONTH BEING EVALUATED , THE EVALUATION MUST BE COMPLETEDWITHINFIVESCHOOLDAYSAFTERTHEENDOFTHECALENDAR MONTH BEING EVALUATED .

(2) Satisfactory progress.

BD ON THE MONTHLY PROGRESS EVALUATION ,THESTUDENT'STEACHERSHALLDETERMINEANDDOCUMENT -17- HB23-1188 WHETHER THE STUDENT IS MAKING SATISFACTORY PROGRESS TOWARD REACHING THE LEARNING GOALS AND PERFORMANCE OBJECTIVES IDENTIFIED IN THE STUDEN'S WRITTEN LEARNING PLAN.

THE TEACHER MAYCONSIDERANDDOCUMENTNON -ACADEMICFACTORSINDETERMINING SATISFACTORY PROGRESS .

(3) Intervention plan.

(a) IF IT IS DETERMINED THAT THE STUDENT FAILED TO MAKE SATISFACTORY PROGRESS OR FAILED TO FOLLOW THE STUDENT 'S WRITTEN LEARNING PLAN,THE TEACHER SHALL DEVELOPANINTERVENTIONPLANFORTHESTUDENTWITHINFIVESCHOOL DAYS AFTER THE DATE OF THE MONTHLY PROGRESS EVALUATION IDENTIFYING LESSTHAN -SATISFACTORY PROGRESS.

(b) THE TEACHER SHALL INVOLVE THE STUDENT ,THE STUDENT'S MENTOR , AND THE STUDENT 'S PARENT OR LEGAL GUARDIAN ,TO THE EXTENT PRACTICAL WITHIN THE TIME ALLOWED ,IN DEVELOPING THE INTERVENTIONPLAN ,ANDTHETEACHERMAYCONFERWITHTHESTUDENT , THE STUDENT S MENTOR ,AND THE STUDENT S PARENT OR LEGAL GUARDIAN TO CONSIDER MODIFICATIONS TO THE INTERVENTION PLAN.

(c) AT A MINIMUM ,THE INTERVENTION PLAN MUST INCLUDE AT LEAST ONE OF THE FOLLOWING INTERVENTIONS:

(I) ICREASINGTHE FREQUENCY OR DURATION OFTHE STUDENT 'S CONTACT WITH THE TEACHER IN ORDER TO ENHANCE THE TEACHER 'S ABILITY TO IMPROVE THE STUDENTS LEARNING;

(II) MODIFYINGTHEMANNEROFCONTACTBETWEENTHETEACHER AND THE STUDENT ;

(III) MODIFYING THE STUDENT 'S LEARNING GOALS OR PERFORMANCE OBJECTIVES IDENTIFIED IN THE STUDENT 'S WRITTEN LEARNING PLAN ;OR -18- HB23-1188 (IV) M ODIFYING THE NUMBER OR SCOPE OF COURSES OR THE COURSECONTENTINCLUDEDINTHESTUDENT 'SWRITTENLEARNINGPLAN .

(d) AN INTERVENTION PLAN IS NOT REQUIRED IF THE MONTHLY EVALUATION IS CONDUCTED WITHIN THE LAST FIVE SCHOOL DAYS OF THE SCHOOL YEAR .

(4) (a) IF THE STUDENT CONTINUES TO MAKE LESS-THAN-SATISFACTORYPROGRESSAFTERTHREECONSECUTIVEMONTHS DESPITE AN INTERVENTION PLA,THE TEACHER SHALL,IN CONJUNCTION WITH THE STUDENT AND THE STUDENT S PARENT OR LEGAL GUARDIAN , DEVELOP AND IMPLEMENT AN AMENDED WRITTEN LEARNING PLAN THAT INCLUDES A COURSE OF STUDY DESIGNED TO MEET THE STUDES NEEDS MORE APPROPRIATELY .

(b) A STUDENT ASSIGNED TO AN IN PERSON INSTRUCTION SCHEDULE MAY SUBSEQUENTLY BE ALLOWED TO PARTICIPATE IN INDIVIDUALIZED LEARNING ACTIVITIES TO AN APPROPRIATE DEGREE AT THE DISCRETION OF THE INDIVIDUALIZED LEARNING ENTITY WITH APPROVAL OF THE CHIEF ACADEMIC OFFICE.

22-27.7-109.

Chiefacademicofficer-responsibilities.(1) T INDIVIDUALIZED LEARNING PROVIDED AT AN INDIVIDUALIZED LEARNING ENTITY MUST BE OVERSEEN BY A CHIEF ACADEMIC OFFICER WHO IS APPOINTED BY THE INDIVIDUALIZED LEARNING ENTITY .

THE CHIEF ACADEMIC OFFICER SHALL:

(a) ESURE THAT TEACHERS ANDCONTRACTEDENTITIESCOMPLY WITH THIS ARTICLE27.7AND WITH INDIVIDUALIZED LEARNING POLICIES DEVELOPED BY THE INDIVIDUALIZED LEARNING ENTIT;

(b) C OMPLETE AN ANNUAL EVALUATION OF TEACHER PERFORMANCE AS OTHERWISE REQUIRED BY LAW ;

-19- HB23-1188 (c) COMPLETEANANNUALREVIEWOFTHEPERFORMANCEOFANY CONTRACTED ENTITY THAT THE INDIVIDUALIZED LEARNING ENTITY ROUTINELY OR REPEATEDLY CONTRACTS WITH ;AND (d) COMPLETE ALL OTHER DUTIES PRESCRIBED BY THIS ARTICLE 27.7 OR BY THE GOVERNING BODY OF THE INDIVIDUALIZED LEARNING ENTITY.

(2) THE CHIEF ACADEMIC OFFICER MAY EXTEND ANY DEADLINES REQUIREDPURSUANT TOSECTIONS 22-27.7-107AND 22-27.7-10DUE TO A STUDENT S OR TEACHER'S ILLNESS OR OTHER EXCUSED ABSENCE,AS DETERMINED BY THE INDIVIDUALIZED LEARNING ENTIT,PROVIDED THE CHIEF ACADEMIC OFFICER ENSURES THE PROMPT COMPLETION OF SUCH ACTIVITIESORANAPPROPRIATEALTERNATIVETOTIMELYCOMPLETIONAS SOONASPRACTICABLE .ANYEXTENSIONOFADEADLINEORALTERNATIVES MUST BE IN WRITIN.

22-27.7-110.

Funding - repeal.

(1) (a) FHE 2023-24 AND 2024-25STATE FISCALYEARS ANINDIVIDUALIZEDLEARNINGSCHOOLOR ANINDIVIDUALIZEDLEARNINGPROGRAMMUSTBEFUNDEDIFTHESCHOOL ORPROGRAMISINCOMPLIANCE WITHTHISARTICLE 27.7AND ASTUDENT :

(I) S ENROLLED IN AN INDIVIDUALIZED LEARNING SCHOOL OR AN INDIVIDUALIZED LEARNING PROGRAM THAT WAS OPERATING ON OR BEFORE THE EFFECTIVE DATE OF THIS A;T (II) W AS ENROLLED IN A PUBLIC SCHOOL THE PRECEDING ACADEMIC SCHOOL YEAR ;

(III) WSNOTENROLLEDINAPRIVATESCHOOLORPARTICIPATING IN A NONPUBLIC HOME -BASED EDUCATION PROGRAM THE PRECEDING SCHOOL YEAR ;OR (IV) I ENROLLING FOR THE FIRST TIME AS A KINDERGARTEN OR -20- HB23-1188 FIRSTGRADE STUDENT OR HAS RECENTLY MOVED TO COLORADO AND IS ENROLLINGFORTHEFIRSTTIMEASA C OLORADORESIDENTINANYGRADE LEVEL.

(b) THIS SUBSECTION(1IS REPEALED,EFFECTIVEJULY 1, 2025.

(2) BEGINNINGWITHTHE 2025-26STATEFISCALYEAR ,ASTUDENT ENROLLEDINANINDIVIDUALIZEDLEARNINGSCHOOLANDPUBLICSCHOOL OFFERING AN INDIVIDUALIZED LEARNING PROGRAM MUST BE FUNDED PURSUANT TO THE "PUBLICSCHOOL FINANCE A CT OF1994",ARTICLE54 OF THIS TITL22,IN THE MANNER AND TO THE DEGREE THAT APPLIES TO A STUDENT ENROLLED AS AN IN-PERSON STUDENT OF THE DISTRICT OR PUBLIC SCHOOL.

(3) THEDEPARTMENTSHALLCOUNTANDAUDITTHECOUNTOFAN INDIVIDUALIZED LEARNING ENTITY FO:

(a) DCUMENTATIONOFPARTICIPATIONINTHEPUPILENROLLMENT COUNT DAY , AS DEFINED IN SECTION22-54-103 (10.5PURSUANT TO SECTION 22-27.7-107 (5AND (b) A SUFFICIENT FALL SEMESTER SCHEDULE FOR FULTIME OR PART-TIME ENROLLMENT BASED ON THE INFORMATION REQUIRED BY SECTION 22-27.7-107 (3)(g).

(4) H OURS COUNTABLE TOWARD A SUFFICIENT SEMESTER SCHEDULE MAY INCLUDE UP TO TWENTY FOUR HOURS OF DIRECT PERSONAL CONTACT BETWEEN TEACHERS AND MENTORS , INCLUDING STRUCTURED MENTOR ACTIVITIES.

(5) A N INDIVIDUALIZED LEARNING ENTITY SHALL DOCUMENT IN-PERSON ATTENDANCE , IN-PERSON LEARNING ACTIVITIE, AND APPROPRIATEPARTICIPATIONINALLINDEPENDENTLEARNINGACTIVITIES .

(6) COUNT AUDITS MUST TAKE PLACE UNDER THE SPECIFIC -21- HB23-1188 CRITERIA DEVELOPED BY THE DEPARTMENT .

HE DEPARTMENT SHALL PROVIDE THE CRITERIA TO EACH INDIVIDUALIZED LEARNING ENTITY REASONABLY IN ADVANCE OF THE SCHOOL YEAR IN WHICH THE CRITERIA IS APPLICABL.

22-27.7-111.

Independentstudy.NOTHINGINTHISARTICLE 27.7 PREVENTSANYPUBLICSCHOOLFROMPERMITTINGASTUDENTTOENGAGE IN AND RECEIVE CREDIT FOR INDEPENDENT STUDY AS OTHERWISE PERMITTED BY LAW .

SECTION2.

InColoradoRevisedStatutes,22-30.5-106,amend (1)(r) and (1)(s)(IV)(D);

and add (1)(t) as follows:

22-30.5-106.

Charter application - contents.

(1) The charter school application is a proposed agreement upon which the charter applicant and the chartering local board of education negotiate a charter contract.

At a minimum, each charter school application includes:

(r) A dispute resolution process, as provided in section 22-30.5-107.5;

and (s) If the proposed charter school intends to contract with an education management provider:

(IV) A copy of the actual or proposed performance contract between the governing board for the proposed charter school and the education management provider that specifies, at a minimum, the following material terms:

(D) The conditions for contract renewal and termination;

(t) ASTATEMENT OF WHETHER THE PROPOSED CHARTER SCHOOL PLANSTOOFFERANINDIVIDUALIZEDLEARNINGPROGRAMORBECOME AN INDIVIDUALIZED LEARNING SCHOOL PURSUANT TO ARTICLE27.7OF THIS TITLE22.

-22- HB23-1188 SECTION 3.

Act subject to petition - effective date.

This act takes effect at 12:01 a.m.

on the day following the expiration of the ninety-dayperiodafterfinaladjournmentofthegeneralassembly;except that, if areferendumpetition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved bythe people at the general election to be held in November 2024 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.

-23- HB23-1188