PRIA, Government Policy, Made Personal

(1) The state board shall adopt rules to establish accreditation categories that include, but are not limited to:

(a) Accredited with distinction, meaning a school district or the institute meets or exceeds the statewide targets or targets annually set by the school district or the institute or exceeds statewide attainment on the performance indicators and is required to adopt and implement a performance plan as described in section 22-11-303;

(b) Accredited, meaning a school district or the institute meets statewide attainment on the performance indicators and is required to adopt and implement a performance plan as described in section 22-11-303;

(c) Accredited with improvement plan, meaning the school district or the institute is required to adopt and implement an improvement plan as provided in section 22-11-304;

(d) Accredited with priority improvement plan, meaning the school district or the institute is required to adopt and implement a priority improvement plan as provided in section 22-11-305; or

(e) Accredited with turnaround plan, meaning the school district or the institute is required to adopt, with the commissioner's approval, and implement a turnaround plan as provided in section 22-11-306.

(2) The state board shall adopt rules establishing objective, measurable criteria that the department shall apply in determining the appropriate accreditation category for each school district and the institute, placing the greatest emphasis on attainment of the performance indicators. At a minimum, the rules must take into consideration:

(a) A school district's or the institute's level of attainment of the statewide targets on the performance indicators, including successfully completing the following to earn an accredited with distinction plan:

(I) Successfully meeting the accredited with distinction plan thresholds on the district performance frameworks or the institute performance frameworks;

(II) Reporting that at least eighty-five percent of students participate in and complete state assessments;

(III) Reporting that the all-student group is at least meeting expectations for academic growth;

(IV) Reporting that no individual student group has received a does not meet expectation rating for academic growth; and

(V) Reporting that the all-student group is at least approaching performance expectations for academic achievement.

(b) A school district's or the institute's level of attainment of the performance indicators compared with statewide attainment of the performance indicators;

(g) The performance of students enrolled in the school district's or institute's alternative education campuses, taking into account the unique purposes of the campuses and the unique circumstances of and challenges posed by students enrolled in the campuses; and

(h) The school district's or the institute's compliance with the other requirements specified in the accreditation contract.

(2.5) (a) The department shall notify each school district and the institute of its initial accreditation assignment. If a school district or the institute disagrees with the department's initial accreditation assignment, the school district or institute may submit to the department a request for reconsideration. The state board shall promulgate rules specifying the information the department must take into account in determining the school district's or institute's final accreditation category, which may include:

(I) The length of time during which the school district or institute has been unable to meet the statewide targets;

(II) The improvements, changes, and interventions the school district or institute has implemented and is implementing to improve its performance if it is not meeting the statewide targets;

(III) The progress the school district or institute is making in improving its performance and in approaching achievement of the statewide targets and the degree to which the school district or institute is not achieving the statewide targets;

(IV) The pupil enrollment of the school district as it may affect the reliability of the assessment data;

(V) The percentages of students enrolled in high schools of the school district, or institute charter high schools for purposes of the institute, who, based on attainment of course credits or demonstrated competencies, are on schedule to graduate within four, five, six, or seven years; and

(VI) Any supplemental data for grade levels for which there are not statewide assessments that indicate the school district or institute is meeting the statewide targets on the performance indicators, if the department determines the supplemental data is valid and reliable and derived from assessments that are aligned with the state standards adopted pursuant to section 22-7-1005.

(b) The department shall notify each school district and the institute of its final accreditation category within the time frames adopted by rule of the state board.

(c) When the department notifies a school district and the institute of its initial accreditation assignment and final accreditation category pursuant to subsections (2.5)(a) and (2.5)(b) of this section, the department shall notify the school district or institute if it did not receive an accredited with distinction plan as a result of low student participation in state assessments. If a district meets the criteria described in subsections (2)(a)(I), (2)(a)(III), (2)(a)(IV), and (2)(a)(V) of this section but does not meet the criteria described in subsection (2)(a)(II) of this section, the district may submit to the department a request for reconsideration of its initial accreditation assignment if the district reports that at least seventy-five percent of students participate in and complete state assessments and demonstrates that the students tested are representative of the district's overall student population. A small rural district, as defined in section 22-54-103, that meets the criteria described in subsections (2)(a)(I), (2)(a)(III), (2)(a)(IV), and (2)(a)(V) of this section but does not meet the criteria described in subsection (2)(a)(II) of this section may use the criteria outlined in state board rule for the reconsideration of its initial accreditation assignment.

(3) In promulgating rules pursuant to this section, the state board shall use clear, understandable language to describe the accreditation categories and the levels of attainment of the performance indicators, with the goal of providing a high degree of transparency in the accreditation process.

(4) (a) If a school district or the institute performs at a level that results in being accredited with priority improvement plan or lower for two consecutive years followed by three consecutive or nonconsecutive years, resulting in a total of five years of performance at such a level, the school district or the institute shall submit a pathway plan to the state board for approval and the state board shall require the school district or institute to take significant action as provided in section 22-11-209; except that, before the five years have accumulated, if the school district or institute performs for at least two consecutive years at a level that results in being accredited with improvement plan or higher, the five years stop accumulating unless the school district or institute again performs at a level that results in being accredited with priority improvement plan or lower for two consecutive years, at which time the school district or institute is again in the first two of the five years. For the time during which the five years of performance are accumulating, a school district or the institute is on performance watch. The department shall monitor progress on the implementation of the actions ordered by the state board pursuant to section 22-11-209. The department shall provide periodic updates to the state board.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (4), for purposes of calculating whether a school district or the institute is accredited with priority improvement plan or below for longer than a total of five consecutive school years, the department shall exclude the 2015-16 school year, during which the department does not assign accreditation ratings as provided in section 22-11-208 (1.5), from the calculation and shall count the 2016-17 school year as if it were consecutive to the 2014-15 school year.

(c) Notwithstanding the provisions of subsection (4)(a) of this section or section 22-11-209 (3.5), the department shall exclude consideration of the school district's or institute's accreditation rating for the 2020-21, 2021-22, and 2022-23 school years from calculating consecutive years for purposes of subsection (4)(a) of this section and section 22-11-209 (3.5) and shall count the school district's or institute's accreditation rating for the 2023-24 school year as if it were consecutive to the 2019-20 school year. However, a change in a school district's or the institute's accreditation rating for the 2022-23 school year pursuant to subsection (2.5)(a) of this section may be factored into the calculation of years for purposes of subsection (4)(a) of this section.

(5) Notwithstanding subsection (4)(a) of this section or section 22-11-209 (2)(a) to the contrary, at the request of a school district, in consultation with the district accountability committee, or the institute, the school district or the institute may voluntarily request, in the third or fourth year of performance watch, to proceed with a significant action described in section 22-11-209 (2)(a) that is not otherwise required by law. The school district or the institute shall design a pathway plan and present the pathway plan to the state board for approval. The state board may direct the school district or institute to take significant actions as provided in section 22-11-209 even though the school district or institute has not completed the five years of performance watch. If the state board requires the school district or institute to take significant actions, the school district or institute is subject to the provisions of section 22-11-209 (3.5). When the school district or the institute voluntarily requests to proceed with a significant action in the third or fourth year of performance watch, the state board is limited to directing the significant action from the list set forth in section 22-11-209 (2)(a) that is proposed by the school district or the institute.

(6) The priority improvement or turnaround plan that a school district or the institute adopts for the fourth year in which the school district or institute is on performance watch must include a general explanation for how the school district or institute may put into effect each of the actions described in section 22-11-209 (2)(a)(I) for a school district or section 22-11-209 (2)(a)(II) for the institute.

Source: L. 2009: Entire article R&RE, (SB 09-163), ch. 293, p. 1479, � 1, effective May 21. L. 2013: (2)(f) and (2)(g) amended and (2)(h) added, (SB 13-217), ch. 354, p. 2068, � 1, effective May 28. L. 2015: (4) amended, (HB 15-1323), ch. 204, p. 715, � 7, effective May 20. L. 2018: IP(2), (2)(a), and (4)(a) amended, (2)(c), (2)(d), (2)(e), and (2)(f) repealed, and (2.5), (5), and (6) repealed, (HB 18-1355), ch. 324, p. 1937, � 1, effective May 30. L. 2018: IP(2), (2)(a), and (4)(a) amended, (2)(c) to (2)(f) repealed, and (2.5), (5), and (6) added, (HB 18-1355), ch. 324, p. 1937, � 1, effective May 30. L. 2021: (4)(c) added, (HB 21-1161), ch. 10, p. 59, � 5, effective March 16. L. 2022: (4)(c) amended, (SB 22-137), ch. 98, p. 470, � 2, effective April 13. L. 2025: IP(1), IP(2), (2)(a), (4)(a), and (5) amended and (2.5)(c) added, (HB 25-1278), ch. 235, p. 1131, � 6, effective May 23.

Cross references: For the legislative declaration in HB 25-1278, see section 1 of chapter 235, Session Laws of Colorado 2025.

22-11-208. Accreditation - annual review - supports and interventions - rules. (1) (a) The department shall annually review each school district's and the institute's performance and, based on the rules of the state board, determine the appropriate accreditation category for the school district or institute. The department shall notify each school district and the institute of its accreditation category and shall publish each school district's and the institute's accreditation category, with supporting data, on the data portal. The department shall also publish each school district's and the institute's performance, improvement, priority improvement, or turnaround plan, whichever is applicable, on the data portal following adoption of the plan. The department shall develop a streamlined format for plans that consolidates various state, federal, and grant reporting requirements and allows a school district or the institute to attach a locally-developed action portion of the plan that addresses action steps, resources, and any other plan components identified in state board rule. The department shall maintain a centralized system for plan submissions so the department can conduct a statewide analysis of school district and institute plans in order to determine how to best distribute state resources and supports. On or before August 31, 2025, and regularly thereafter, the department must collect user feedback to assess the extent to which the streamlined format for plans is used, whether it is helpful, and how to use this feedback to improve the centralized system.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (1), the department may change a school district's or the institute's accreditation category prior to conclusion of the annual performance review if the department determines that the school district or the institute has substantially failed to meet a requirement specified in the accreditation contract and that immediate action is required to protect the interests of the students and parents of students enrolled in the district public schools or the institute charter schools.

(c) In reviewing school districts' and the institute's performance, the department, to the extent possible, shall evaluate the cost effectiveness of intervention strategies implemented by the state, school districts, and the institute in attempting to improve performance in school districts that are in an accreditation category that is lower than accredited or in the institute if it is in an accreditation category that is lower than accredited.

(d) The state board by rule shall establish the time frames in which the department shall review school district and institute performance and determine and report each school district's and the institute's appropriate accreditation category, and the time frames in which the school districts and the institute shall adopt their respective plans and submit them for review and publication on the data portal. A school district with one thousand students or fewer shall only be required to submit a single plan to satisfy the school district and school plan requirements.

(e) The state board shall promulgate rules to ensure a school district's or the institute's right to a hearing before the state board to appeal placement in the accredited with turnaround plan category or removal of accreditation pursuant to section 22-11-209.

(1.5) Notwithstanding any provision of this article, or any provision of state board rule that implements this article, to the contrary, for the 2015-16 school year, the department shall not assign accreditation ratings for school districts and the institute. For the 2015-16 school year, each school district and the institute shall continue to implement the plan type that was assigned for the preceding school year. The department shall assign accreditation ratings for school districts and the institute for the 2016-17 school year and each school year thereafter.

(1.6) (a) Notwithstanding any provision of this article 11 or any provision of state board rule that implements this article 11 to the contrary, for the 2020-21 and 2021-22 school years, the department shall not assign accreditation ratings for school districts and the institute. For the 2020-21 and 2021-22 school years, each school district and the institute shall continue to implement the plan type for the accreditation rating assigned for the preceding school year.

(b) (I) Notwithstanding the provisions of subsection (1.6)(a) of this section, if required to implement a priority improvement or turnaround plan during the 2020-21 school year on the basis of its accreditation rating for the 2019-20 school year, a school district or the institute may submit a request to the department for an accreditation rating and plan type for the 2021-22 school year that reflects its level of attainment based on an alternative body of evidence, which may include state and local assessment data. The state board may promulgate rules for implementing this subsection (1.6)(b), including but not limited to:

(A) The time frames and process for a school district or the institute to make a request to the department;

(B) The standards to determine whether a request will be granted, including the minimum standards that must be addressed by the alternative body of evidence;

(D) The content of the accreditation contracts and plans based upon the state board's determination of whether to assign a higher accreditation rating; and

(E) The provision of additional supports and grants necessary to implement this subsection (1.6)(b)(I).

(II) A change in a school district's or the institute's accreditation rating for the 2021-22 school year pursuant to subsection (1.6)(b)(I) of this section does not affect the time-based calculations required in sections 22-11-207 (4)(a) and 22-11-209 (3.5).

(1.7) Repealed.

(2) The department shall provide technical assistance and support to a school district or the institute if the school district or the institute is accredited with improvement plan, accredited with priority improvement plan, or accredited with turnaround plan, or meets criteria the department identifies that indicates the school district's or the institute's performance is declining. The department shall base the amount of technical assistance and support provided to a school district or the institute on the school district's or institute's degree of need for assistance and the department's available resources. Technical assistance and support may include, but need not be limited to:

(a) Access to data and research to support interpretation of student data, decision-making, and learning;

(b) Consultative services on best practices for improvement and implementation of intervention strategies, including, where appropriate, research-based strategies that address the quality and availability of early childhood education opportunities within the school district and student engagement and re-engagement; and

(c) Evaluation and feedback on the school district's or the institute's improvement, priority improvement, or turnaround plan, whichever is applicable.

(2.3) If a school district or the institute meets the criteria described in subsection (2) of this section, the department may require the school district or the institute to participate in an evaluation that is conducted by:

(a) The department;

(b) A third party approved by the department; or

(2.5) (a) In addition to the technical assistance and support described in subsection (2) of this section, the department shall make available to the directors of the local school board of a school district that is accredited with improvement plan or lower, or that includes a public school that is required to adopt a priority improvement or turnaround plan, training in school district and public school governance and turnaround best practices. The department shall also make available informational materials and training opportunities for parents, school personnel, and members of the affected district accountability committee and school accountability committee.

(b) The department shall, in collaboration with relevant organizations that work with local school boards and the institute board, provide guidance to each local school board and the institute board on how to review and monitor the implementation of accreditation plans to create consistency with the implementation of statewide improvement plans.

(2.7) For the 2024-25 and 2025-26 budget years, the department shall, within existing resources, comply with subsections (2) and (4) of this section. For the 2026-27 budget year, and for budget years thereafter, the department may submit a request to the general assembly for additional resources through the annual budget process.

(3) The commissioner may assign the state review panel to critically evaluate a school district's priority improvement plan, turnaround plan, or pathway plan, or the institute's priority improvement plan, turnaround plan, or pathway plan. The commissioner may require the state review panel to conduct one or more on-site visits as part of evaluating a school district's or the institute's priority improvement, turnaround plan, or pathway plan. Based on its evaluation, the state review panel shall report to the commissioner, the state board, and the affected local school board or institute board recommendations concerning:

(a) Whether the school district's or institute's leadership is adequate to implement change to improve results;

(b) Whether the school district's or institute's infrastructure is adequate to support school improvement;

(c) The readiness and apparent capacity of public school and school district or institute personnel to plan effectively and lead the implementation of appropriate actions to improve student academic performance within the district public schools or the institute charter schools;

(d) The readiness and apparent capacity of public school and school district or institute personnel to engage productively with and benefit from the assistance provided by an external partner;

(e) The likelihood of positive returns on state investments of assistance and support to improve the school district's or institute's performance within the current management structure and staffing; and

(f) The necessity that the school district or institute remain in operation to serve students.

(4) The department shall offer ongoing support and feedback to a school district or the institute during year two of the two consecutive years of a priority improvement or turnaround plan.

(5) (a) If a school district or the institute has low student participation in the state assessment that results in a category of insufficient data for low student participation, the school district or the institute shall create a corrective action plan and submit it to the department. When creating the corrective action plan, the school district or the institute shall consider:

(I) Educating parents and guardians on the importance of student participation in state assessments;

(II) Explaining to parents and guardians the effects of low rates of participation in state assessments;

(III) Communicating to public school staff to encourage parents and students to opt in to state assessments; and

(IV) Communicating with organizations that advocate for state assessment opt-outs to ensure the organizations have information on the importance of state assessments.

(b) If a school district or institute receives a category of insufficient data for low student participation in the state assessment for three consecutive years, the school district or institute shall present its corrective action plan as described in subsection (5)(a) of this section to the state board.

(c) For the 2025-26 and the 2026-27 school years, online schools, as defined in section 22-30.7-102, are not subject to this subsection (5).

Source: L. 2009: Entire article R&RE, (SB 09-163), ch. 293, p. 1481, � 1, effective May 21. L. 2011: (1)(d) amended, (HB 11-1277), ch. 306, p. 1476, � 6, effective August 10. L. 2014: (1.5) added, (HB 14-1182), ch. 98, p. 354, � 1, effective August 6. L. 2015: (1.5) amended and (1.7) added, (HB 15-1323), ch. 204, pp. 716, 718, �� 8, 11, effective May 20. L. 2017: (2)(b) amended, (SB 17-103), ch. 372, p. 1930, � 1, effective June 6. L. 2018: (1.7) repealed, (2.5) added, and IP(3) amended, (HB 18-1355), ch. 324, p. 1939, � 2, effective May 30. L. 2020: (1.6) added, (HB 20-1418), ch. 197, p. 958, � 46, effective June 30. L. 2021: (1.6) amended, (HB 21-1161), ch. 10, p. 59, � 6, effective March 16. L. 2025: IP(2), (2.5), and IP(3) amended and (2.3), (2.7), (4), and (5) added, (HB 25-1278), ch. 235, p. 1133, � 7, effective May 23; (1)(a) amended, (HB 25-1210), ch. 156, p. 631, � 2, effective August 6.

Cross references: For the legislative declaration in HB 20-1418, see section 1 of chapter 197, Session Laws of Colorado 2020. For the legislative declaration in HB 25-1210, see section 1 of chapter 156, Session Laws of Colorado 2025. For the legislative declaration in HB 25-1278, see section 1 of chapter 235, Session Laws of Colorado 2025.

22-11-209. Removal of accreditation - recommended actions - review - appeal - rules. (1) The department may recommend to the commissioner and the state board that the state board remove a school district's or the institute's accreditation if:

(a) and (b) Repealed.

(c) (I) The school district or the institute has substantially failed to comply with the provisions of article 44 of this title, concerning budget and financial policies and procedures, or article 45 of this title, concerning accounting and financial reporting; and

(II) The school district or institute has not remedied the noncompliance within ninety days after receipt of notice from the department; and

(III) Loss of accreditation is required to protect the interests of the students and parents of students enrolled in the district public schools or the institute charter schools.

(2) (a) If a school district or the institute is accredited with a turnaround plan and the department determines that the school district or institute has failed to make substantial progress under its turnaround plan, or if the school district or institute has been on performance watch for the full five years, the commissioner shall assign the state review panel to critically evaluate the school district's or the institute's performance and to recommend one or more of the following actions:

(I) If the recommendation applies to a school district:

(A) That the school district's accreditation be removed;

(A.5) That the school district be reorganized pursuant to article 30 of this title 22, which reorganization may include consolidation;

(B) That a private or public entity, with the agreement of the school district, serve as a lead partner in the management of the school district or partially or wholly manage one or more of the district public schools. The local school board and the department shall ensure that the private or public entity uses research-based strategies and has a proven record of success working with school districts and schools under similar circumstances.

(D) That one or more of the district public schools be granted status as an innovation school pursuant to section 22-32.5-104 or that the local school board recognize a group of district public schools as an innovation school zone pursuant to section 22-32.5-104;

(E) That one or more of the district public schools be closed;

(F) That one or more of the district public schools be converted to a community school, as defined in section 22-32.5-103 (1.5); or

(G) That the school district take other actions, as proposed by the school district, that are comparable to or that have a more significant effect than the actions described in subsections (2)(a)(I)(A) to (2)(a)(I)(F) of this section and that are aligned to the pathway plan and designed to support the implementation of the pathway plan. Actions include, but are not limited to, contracting with external partners, using contractors or resources provided by the department, engaging in cross-district progress monitoring, or comprehensive school redesign.

(II) If the recommendation applies to the institute:

(A) That the institute's accreditation be removed;

(A.5) That the institute board be abolished and that the governor appoint a new institute board pursuant to section 22-30.5-505;

(B) That a public or private entity take over management of the institute or management of one or more of the institute charter schools;

(D) That the institute take other actions, as proposed by the institute, that are comparable to or that have a more significant effect than the actions described in subsections (2)(a)(II)(A) to (2)(a)(II)(C) of this section and that are aligned to the pathway plan and designed to support the implementation of the pathway plan. Actions include, but are not limited to, contracting with external partners, using contractors or resources provided by the department, engaging in cross-district progress monitoring, or comprehensive school redesign.

(b) In its evaluations and recommendations, the state review panel shall consider:

(I) Whether the school district's or institute's leadership is adequate to implement change to improve results;

(II) Whether the school district's or institute's infrastructure is adequate to support school improvement;

(III) The readiness and apparent capacity of public school and school district or institute personnel to plan effectively and lead the implementation of appropriate actions to improve student academic performance within the district public schools or the institute charter schools;

(IV) The readiness and apparent capacity of public school and school district or institute personnel to engage productively with and benefit from the assistance provided by an external partner;

(V) The likelihood of positive returns on state investments of assistance and support to improve the school district's or institute's performance within the current management structure and staffing; and

(VI) The necessity that the school district or institute remain in operation to serve students.

(3) After considering the recommendations of the commissioner and the state review panel, the state board shall determine the actions the school district or the institute is required to take and direct the local school board or the institute board accordingly. If a school district's or the institute's accreditation is removed and the district or the institute is reorganized and takes any other actions directed by the state board, the state board shall reinstate the school district's or the institute's accreditation at the accreditation category deemed appropriate by the state board.

(3.5) (a) So long as a school district or the institute performs at a level that results in being accredited with priority improvement plan or lower, after the state board initially directs the school district or institute to take action as described in subsections (2) and (3) of this section, the commissioner may in any year, but shall every two years, assign the state review panel to critically evaluate the school district's or the institute's performance and recommend one or more of the actions described in subsection (2)(a) of this section. In evaluating the school district's or institute's pathway plan and performance and recommending actions, the state review panel shall consider the criteria specified in subsection (2)(b) of this section. The state board shall consider the recommendations of the state review panel, the actions that the school district or institute was previously directed to take, the fidelity with which the district or institute has implemented the directed actions and the pathway plan, and whether the amount of time that the school district or institute has had to implement the actions is reasonably sufficient to achieve results. The state board shall either require the school district or institute to continue the previously directed actions or direct the school district or institute to undertake additional or different actions as provided in subsections (2) and (3) of this section.

(a.5) Repealed.

(b) Notwithstanding any provision of subsection (3.5)(a) of this section to the contrary, a school district or the institute remains subject to the provisions of this subsection (3.5) until the school district or institute performs at a level that results in being accredited with improvement plan or higher for two consecutive school years.

(4) (a) The state board shall promulgate rules for the implementation of this section, including but not limited to procedures to ensure a school district's or the institute's right to appeal to the state board before the state board takes final action to remove the school district's or the institute's accreditation pursuant to this section.

(b) In promulgating rules concerning the timeline by which the state board directs and a school district or the institute puts into effect one or more of the actions described in subsection (2)(a) of this section, the state board shall ensure that the timeline is designed to allow the school district or institute to reasonably put into effect any of the actions described in subsection (2)(a) of this section by the beginning of the school year immediately following the school year in which the state board directs the action.

(5) A contract with a public or private entity that serves as an external partner for a school district or the institute, as described in subsection (2)(a) of this section, must include provisions that describe the records of the external partner that a school district or the institute have access to. The records a school district or the institute have access to include, but are not limited to, the external partner's use of contract funds.

(6) (a) On or before November 1, 2027, the department shall conduct an evaluation of:

(I) The essential components that must be in place for external partners to be successful;

(II) The effect external partners have had on a school district's or the institute's performance indicators, as described in section 22-11-204 (1)(a);

(III) The successful external management arrangements and the conditions and processes that led to successful outcomes, which must include feedback from stakeholders, including educators and parents. The evaluation must include an analysis of educator retention and feedback.

(IV) The department's management of the external partner process.

(b) The department shall create a list of qualified state external partners and a model contract agreement to support a school district or the institute in accessing external partners.

Source: L. 2009: Entire article R&RE, (SB 09-163), ch. 293, p. 1482, � 1, effective May 21. L. 2018: (1)(a) and (1)(b) repealed, IP(2)(a), (2)(a)(I)(A), (2)(a)(I)(B), (2)(a)(II)(A), (3), and (4) amended, and (2)(a)(I)(A.5), (2)(a)(II)(A.5), and (3.5) added, (HB 18-1355), ch. 324, p. 1940, � 3, effective May 30. L. 2022: (3.5)(a.5) added, (SB 22-137), ch. 98, p. 470, � 3, effective April 13; (2)(a)(I)(D) amended and (2)(a)(I)(F), added (SB 22-054), ch. 44, p. 219, � 1, effective August 10. L. 2025: (2)(a)(I)(E), (2)(a)(II)(B), (2)(a)(II)(C), and (3.5)(a) amended and (2)(a)(I)(G), (2)(a)(II)(D), (5), and (6) added, (HB 25-1278), ch. 235, p. 1135, � 8, effective May 23.

Editor's note: Subsection (3.5)(a.5)(II) provided for the repeal of subsection (3.5)(a.5), effective December 31, 2023. (See L. 2022, p. 470.)

Cross references: For the legislative declaration in HB 25-1278, see section 1 of chapter 235, Session Laws of Colorado 2025.

22-11-210. Public schools - annual review - plans - supports and interventions - rules. (1) (a) The state board shall promulgate rules establishing objective, measurable criteria that the department shall apply in recommending to the state board that a public school shall implement a performance, improvement, priority improvement, or turnaround plan or that a public school shall be subject to restructuring. In promulgating the rules, the state board shall place the greatest emphasis on attainment of the performance indicators.

(a.5) The department shall notify each school district and the institute of the initial recommendation of the type of plan that each district public school or institute charter school must adopt. If a school district or the institute disagrees with one or more of the department's initial plan recommendations, the school district or institute may submit to the department a request for reconsideration. The state board shall promulgate rules specifying the information the department must take into account in determining the final plan recommendation, which may include:

(I) The length of time during which the public school has been unable to meet the statewide targets;

(II) The improvements, changes, and interventions the public school has implemented and is implementing to improve its performance if it is not meeting the statewide targets;

(III) The progress the public school is making in improving its performance and in approaching achievement of the statewide targets and the degree to which the public school is not achieving the statewide targets;

(IV) The percentage of grade levels within the public school that are required to take statewide assessments;

(V) The pupil enrollment of the public school as it may affect the reliability of the assessment data;

(VI) For a high school, the percentages of students enrolled in the high school who, based on attainment of course credits or demonstrated competencies, are on schedule to graduate within four, five, six, or seven years; and

(VII) Any supplemental data for grade levels for which there are not statewide assessments that indicate the public school is meeting the statewide targets on the performance indicators, if the department determines the supplemental data is valid and reliable and derived from assessments that are aligned with the state standards adopted pursuant to section 22-7-1005.

(a.6) The department shall notify each school district and the institute of the final plan recommendations for each district public school or institute charter school within the time frames adopted by rule of the state board.

(b) Notwithstanding any provision of paragraph (a) of this subsection (1) to the contrary, the state board shall promulgate rules establishing objective, measurable criteria that the department shall apply in recommending to the state board that an alternative education campus implement a performance, improvement, priority improvement, or turnaround plan or that an alternative education campus shall be subject to restructuring. The state board, in adopting the criteria for evaluating the performance of an alternative education campus, and the department, in applying the criteria, shall take into account the unique purposes of the campuses and the unique circumstances of and challenges posed by the students enrolled in the campuses.

(c) In promulgating rules pursuant to this subsection (1), the state board shall use clear, understandable language to describe the criteria for determining the type of plan that a public school shall implement and the levels of attainment of the performance indicators, with the goal of providing a high degree of transparency in the public school performance review process.

(d) (I) If a public school performs at a level that results in being required to adopt a priority improvement or turnaround plan for two consecutive years followed by three consecutive or nonconsecutive years, resulting in a total of five years of performance at such a level, the state board shall review the public school's pathway plan and require the school district, for a public school of the school district, or the institute, for an institute charter school, to take one of the actions described in subsection (5)(a) of this section and implement the pathway plan; except that, if, before the five years have accumulated, the public school performs for at least two consecutive years at a level that results in the public school being required to adopt an improvement or performance plan, the five years stop accumulating unless the public school again performs at a level that results in being required to adopt a priority improvement or turnaround plan for two consecutive years, at which time the public school is again in the first two of the five years. For the time during which the five years of performance are accumulating, a public school is on performance watch.

(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (d), for purposes of calculating whether a public school is required to implement a priority improvement or turnaround plan for longer than a combined total of five consecutive school years, the department shall exclude the 2015-16 school year, during which the department does not recommend school plans as provided in subsection (2.5) of this section, from the calculation and shall count the 2016-17 school year as if it were consecutive to the 2014-15 school year.

(III) Notwithstanding the provisions of subsection (1)(d)(I) of this section, the department shall exclude the consideration of the school's plan type assigned for the 2020-21, 2021-22, and 2022-23 school years from the calculations required in subsections (1)(d)(I) and (5.5) of this section and shall count the school's plan type for the 2023-24 school year as if it were consecutive to the 2019-20 school year. However, a change in the type of plan a public school must adopt for the 2022-23 school year pursuant to subsection (1)(a.5) of this section may be factored into the calculation of years for purposes of subsection (1)(d)(I) of this section.

(d.5) Notwithstanding subsection (1)(d)(I) of this section to the contrary, at the request of the school district, in consultation with the affected school accountability committee and, in the case of a district charter school, with the consent of the governing board of the district charter school, or the institute, with the consent of the governing board, and in consultation with the school accountability committee, of the affected institute charter school, the public school may voluntarily request, in the third or fourth year of performance watch, to proceed with a significant action as described in subsection (5)(a) of this section that is not otherwise required by law. The public school shall design a pathway plan to present to the state board for approval, and the state board may direct the school district, for a public school of the school district, or the institute, for an institute charter school, to take one of the actions described in subsection (5)(a) of this section even though the public school has not completed the five years of performance watch. If the state board requires the school district or institute to take one of the actions described in subsection (5)(a) of this section, the public school is subject to the provisions of subsection (5.5) of this section. When the public school voluntarily requests to proceed with a significant action in the third or fourth year of performance watch, the state board is limited to directing the significant action from the list set forth in subsection (5)(a) of this section that is proposed by the public school.

(e) The state board by rule shall establish the time frames within which the department shall review each public school's performance, submit recommendations to the state board, and report to the public school and to the school's local school board or the institute the state board's determination regarding the type of plan the public school shall implement. The state board shall also establish by rule the time frames within which the public schools, or the public schools' local school boards or the institute board as appropriate, shall adopt the school plans and submit them to the department. The department shall publish each public school's plan on the data portal with the public school's accreditation category, identified by the local school board or the institute, and supporting data.

(f) In reviewing public schools' performance, the department, to the extent possible, shall evaluate the cost effectiveness of intervention strategies implemented by the state, school districts, the institute, and the public schools in attempting to improve performance in public schools that are implementing school improvement, priority improvement, or turnaround plans.

(1.5) Repealed.

(2) (a) The department shall annually review each public school's performance and, based on the rules of the state board, recommend to the state board that the public school shall implement a performance, improvement, priority improvement, or turnaround plan for the coming school year. Based on the department's recommendation, the state board shall notify the local school board for the public school, or the institute if the public school is an institute charter school, regarding the type of plan the public school shall implement. The local school board or the institute shall place the public school in the district or institute accreditation category that correlates to the public school's plan, based on the school district's or institute's school accreditation process. The department shall develop a streamlined format for plans that consolidates various state, federal, and grant reporting requirements and allows a local school board for the public school, or the institute if the public school is an institute charter school, to attach a locally-developed action portion of the plan that addresses action steps, resources, and any other plan components identified in state board rule. The department shall maintain a centralized system for plan submissions so the department can conduct a statewide analysis of public school plans in order to determine how to best distribute state resources and supports. On or before August 31, 2025, and regularly thereafter, the department must collect user feedback to assess the extent to which the streamlined format for plans is used, whether it is helpful, and how to use this feedback to improve the centralized system.

(b) (I) Notwithstanding any provision of this article to the contrary, a school district with one thousand students or fewer may submit a single plan to satisfy the school district and school plan requirements, so long as the plan meets all state and federal requirements for school and district plans. A school district with more than one thousand but fewer than one thousand two hundred students may, upon request and at the department's discretion, submit a single plan to satisfy the school district and school plan requirements, so long as the plan meets all state and federal requirements for school and district plans.

(II) A school district that is authorized to submit a single plan pursuant to subparagraph (I) of this paragraph (b) and that is authorized pursuant to section 22-11-303 (4) to submit a school district performance plan every two years may submit a single plan to satisfy the school district and school plan requirements only if each of the public schools that is included in the single plan is authorized pursuant to section 22-11-403 (4) to submit a school performance plan every two years.

(2.5) Notwithstanding any provision of this article, or any provision of state board rule that implements this article, to the contrary, for the 2015-16 school year, the department shall not recommend to the state board school plan types. For the 2015-16 school year, each public school shall continue to implement the school plan type that was assigned for the preceding school year. The department shall recommend to the state board school plan types for the 2016-17 school year and each school year thereafter.

(2.6) (a) Notwithstanding any provision of this article 11 or any provision of state board rule that implements this article 11 to the contrary, for the 2020-21 and 2021-22 school years, the department shall not recommend to the state board school plan types. For the 2020-21 and 2021-22 school years, each public school shall continue to implement the school plan type that was assigned for the preceding school year.

(b) (I) Notwithstanding the provisions of subsection (2.6)(a) of this section, if a public school is required to implement a priority improvement or turnaround plan during the 2020-21 school year on the basis of its 2019-20 plan type, the school district, for a school of the school district, or the institute, for an institute charter school, may submit a request to the department for a plan type for the 2021-22 school year that reflects its level of attainment based on an alternative body of evidence, which may include state and local assessment data.. The state board may promulgate rules for implementing this subsection (2.6)(b), including but not limited to:

(A) The time frames and process for a school district or the institute to make a request to the department;

(B) The standards to determine whether a request will be granted, including the minimum standards that must be addressed by the alternative body of evidence;

(D) The content of the accreditation contracts and plans based upon the state board's determination of whether to assign a different plan type; and

(E) The provision of additional supports and grants necessary to implement this subsection (2.6)(b)(I).

(II) A change in a public school's plan type for the 2021-22 school year pursuant to subsection (2.6)(b)(I) of this section does not affect the time-based calculations required in subsections (1)(d)(I) and (5.5) of this section.

(2.7) Repealed.

(3) At the request of a district public school's local school board, or at the institute's request for an institute charter school, the department shall provide technical assistance and support to the public school, local school board, or institute in preparing and implementing the public school's improvement, priority improvement, or turnaround plan. The department shall base the amount of technical assistance and support provided to a public school, the local school board, or the institute on the school's degree of need for assistance and the department's available resources. Technical assistance and support may include, but need not be limited to:

(a) Access to data and research to support interpretation of student data, decision-making, and learning;

(b) Consultative services on best practices for improvement and implementation of intervention strategies, including, where appropriate, research-based strategies that address the quality and availability of early childhood education opportunities for students who reside within the neighborhood for the public school and student engagement and re-engagement; and

(4) The commissioner may assign the state review panel to critically evaluate a public school's priority improvement, turnaround plan, or pathway plan. The commissioner may require the state review panel to conduct one or more on-site visits as part of evaluating a public school's plan. Based on its evaluation, the state review panel shall report to the commissioner, the state board, and the local school board or the institute recommendations concerning:

(a) Whether the public school's leadership is adequate to implement change to improve results;

(b) Whether the public school's infrastructure is adequate to support school improvement;

(c) The readiness and apparent capacity of the public school's personnel to plan effectively and lead the implementation of appropriate actions to improve student academic performance within the school;

(d) The readiness and apparent capacity of the public school's personnel to engage productively with and benefit from the assistance provided by an external partner;

(e) The likelihood of positive returns on state investments of assistance and support to improve the public school's performance within the current management structure and staffing; and

(f) The necessity that the public school remain in operation to serve students.

(4.5) If a public school that is an online school, as defined in section 22-30.7-102, is on performance watch and changes authorizers in its original form or as a successor school, as determined by the department pursuant to section 22-30.7-106 (9), or remains with the same authorizer but is created as a successor school, as determined by the department pursuant to section 22-30.7-106 (9), to the online school that is on performance watch, the online school or the successor school remains on performance watch under the new authorizer as if the authorizer had not changed.

(5) (a) If a public school fails to make adequate progress under its turnaround plan or continues on performance watch for the full five years, the commissioner shall assign the state review panel to critically evaluate the public school's performance and the public school's pathway plan, which evaluation must include at least one on-site visit to the public school. Upon completing the evaluation, the state review panel shall make recommendations on the pathway plan and determine whether to recommend:

(I) With regard to a district public school that is not a charter school, that the district public school should be partially or wholly managed by a private or public entity other than the school district. The local school board and the department shall ensure that the private or public entity uses research-based strategies and has a proven record of success working with schools under similar circumstances.

(II) With regard to a district or institute charter school, that the public or private entity operating the charter school or the governing board of the charter school should be replaced by a different public or private entity or governing board;

(III) With regard to a district public school, that the district public school be converted to a charter school if it is not already authorized as a charter school;

(IV) With regard to a district public school, that the district public school be granted status as an innovation school pursuant to section 22-32.5-104;

(V) That the public school be closed or, with regard to a district charter school or an institute charter school, that the public school's charter be revoked;

(VI) With regard to a district public school, that the district public school be converted to a community school, as defined in section 22-32.5-103 (1.5);

(VII) Other actions that are comparable to or that have a more significant effect than the actions described in subsections (5)(a)(I) to (5)(a)(V) of this section that the public school proposes and that are aligned with the pathway plan and designed to support the implementation of the pathway plan. Actions may include, but are not limited to, comprehensive school redesign, contracting with external partners, or using contractors or resources provided by the department.

(b) The state review panel shall present its recommendations to the commissioner and to the state board. Taking the recommendations into account, the state board shall determine which of the actions described in subsection (5)(a) of this section the local school board for a district public school or the institute for an institute charter school shall take regarding the public school and direct the local school board or institute accordingly. The department shall monitor progress of the implementation of the actions and provide periodic updates to the state board.

(c) Notwithstanding any provision of this section to the contrary, for the 2015-16 school year and based on ratings given during the 2015-16 school year, the state board may direct the local school board for a district public school or the institute for an institute charter school to take an action concerning the public school that is not listed in paragraph (a) of this subsection (5) but that has comparable significance and effect.

(d) The priority improvement or turnaround plan that a public school adopts for the fourth year in which the public school is on performance watch must include a general explanation for how the school district, for a district public school, or the institute, for an institute charter school, may put into effect each of the actions described in subsection (5)(a) of this section as they pertain to a district public school, district charter school, or institute charter school.

(e) In promulgating rules concerning the timeline by which the state board directs and a school district, for a district public school, or the institute, for an institute charter school, puts into effect one or more of the actions described in subsection (5)(a) of this section, the state board shall ensure that the timeline is designed to allow the school district or institute to reasonably put into effect any of the actions described in subsection (5)(a) of this section by the beginning of the school year immediately following the school year in which the state board directs the action.

(5.5) (a) So long as a public school performs at a level that results in being required to implement a priority improvement or turnaround plan, after the state board initially directs the local school board or institute board to take action as provided in subsection (5)(b) of this section, the commissioner may in any year, but shall every two years, assign the state review panel to critically evaluate the public school's pathway plan and performance and recommend one or more of the actions described in subsection (5)(a) of this section. In evaluating the public school's performance and recommending actions, the state review panel shall consider the criteria specified in subsection (4) of this section. The state board shall consider the recommendations of the state review panel, the actions that the local school board or institute board was previously directed to take with regard to the public school, the fidelity with which the school district or institute and the public school have implemented the directed actions and the pathway plan, and whether the amount of time that the school district or institute and the public school have had to implement the actions is reasonably sufficient to achieve results. The state board shall either require the local school board or institute board to continue the previously directed actions or direct the local school board or institute board to undertake additional or different actions as provided in subsection (5)(b) of this section.

(a.5) Repealed.

(b) Notwithstanding any provision of subsection (5.5)(a) of this section to the contrary, a public school remains subject to the provisions of this subsection (5.5) until the public school performs at a level that results in being required to implement an improvement or performance plan for two consecutive school years.

(6) If a public school is restructured, the department, to the extent possible, shall track the students enrolled in the public school in the school year preceding the restructuring to determine whether the students reenroll in the public school the following school year or transfer to another public school of the school district, an institute charter school, or a public school of another school district in the state. The department shall provide the student tracking information, without personally identifying the students, to the local school board or the institute upon request.

(7) A contract with a public or private entity that serves as an external partner for a public school, as described in subsection (5)(a) of this section, must include provisions that describe the records of the external partner that a public school has access to. The records a public school has access to include, but are not limited to, the external partner's use of contract funds.

(8) The department shall develop an evaluation to determine whether a public school is experiencing early indicators of distress when it is placed on a priority improvement or turnaround plan. The department shall evaluate a public school that is progressing to year one of the two consecutive years of the priority improvement or turnaround plan.

(9) The department shall offer ongoing support and feedback to a public school during year two of the two consecutive years of a priority improvement or turnaround plan. A public school, in consultation with the school district or the institute and the department, shall develop and manage a comprehensive school improvement plan that addresses resources, training, high-quality curriculum and materials, potential external partnerships, and potential partnerships with neighboring public schools and school districts.

(10) (a) If a public school has a low student participation rate in the state assessment that results in a category of insufficient data for low student participation, the public school shall create a corrective action plan and submit it to the local school board or the institute. The local school board or the institute shall submit the corrective action plan to the department. When creating the corrective action plan, the school district or the institute shall consider:

(I) Educating the parents and guardians on the importance of student participation in state assessments;

(II) Explaining to parents and guardians the effects of low participation rates in state assessments;

(III) Communicating to public school staff to encourage parents or students to opt in to state assessments; and

(IV) Communicating with organizations that advocate for state assessment opt-outs to ensure the organizations have information on the importance of state assessments.

(b) If a public school receives a category of insufficient data for low student participation in the state assessment for three consecutive years, the public school shall present its corrective action plan as described in subsection (10)(a) of this section to the state board.

Source: L. 2009: Entire article R&RE, (SB 09-163), ch. 293, p. 1485, � 1, effective May 21. L. 2011: (2) amended, (HB 11-1277), ch. 306, p. 1476, � 7, effective August 10. L. 2014: (2)(b) amended, (HB 14-1204), ch. 292, p. 1195, � 3, effective May 31; (2.5) and (5)(c) added, (HB 14-1182), ch. 98, p. 355, � 2, effective August 6. L. 2015: (1)(d) and (2.5) amended and (2.7) added, (HB 15-1323), ch. 204, pp. 716, 718, �� 9, 12, effective May 20; (1.5) added, (HB 15-1350), ch. 316, p. 1293, � 2, effective June 5. L. 2016: (2)(b)(II) amended, (HB 16-1440), ch. 316, p. 1276, � 1, effective August 10. L. 2017: (3)(b) amended, (SB 17-103), ch. 372, p. 1930, � 2, effective June 6. L. 2018: (1)(a), (1)(d)(I), IP(4), IP(5)(a), and (5)(a)(I) amended, (1)(a.5), (1)(a.6), (1)(d.5), (5)(d), (5)(e), and (5.5) added, and (2.7) repealed, (HB 18-1355), ch. 324, p. 1942, � 4, effective May 30. L. 2019: (4.5) added, (SB 19-129), ch. 89, p. 332, � 4, effective April 10. L. 2020: (2.6) added, (HB 20-1418), ch. 197, p. 958, � 47, effective June 30. L. 2021: (1)(d)(III) added and (2.6) amended, (HB 21-1161), ch. 10, p. 60, � 7, effective March 16. L. 2022: (1)(d)(III) amended and (5.5)(a.5) added, (SB 22-137), ch. 98, p. 470, � 4, effective April 13; (5)(a)(IV) and (5)(a)(V) amended and (5)(a)(VI) added, (SB 22-054), ch. 44, p. 220, � 2, effective August 10. L. 2025: (1)(d)(I), (1)(d.5), IP(4), IP(5)(a), (5)(a)(V), (5)(b), and (5.5)(a) amended and (5)(a)(VII), (7), (8), (9), and (10) added, (HB 25-1278), ch. 235, p. 1136, � 9, effective May 23; (2)(a) amended, (HB 25-1210), ch. 156, p. 631. � 3, effective August 6.

Editor's note: (1) Subsection (1.5)(d) provided for the repeal of subsection (1.5), effective July 1, 2017. (See L. 2015, p. 1293.)

(2) Subsection (5.5)(a.5)(II) provided for the repeal of subsection (5.5)(a.5), effective December 31, 2023. (See L. 2022, p. 470.)

Cross references: For the legislative declaration in HB 15-1350, see section 1 of chapter 316, Session Laws of Colorado 2015. For the legislative declaration in HB 20-1418, see section 1 of chapter 197, Session Laws of Colorado 2020. For the legislative declaration in HB 25-1210, see section 1 of chapter 156, Session Laws of Colorado 2025. For the legislative declaration in HB 25-1278, see section 1 of chapter 235, Session Laws of Colorado 2025.

22-11-211. Performance watch - parent and community meeting - school districts - institute - public schools. (1) (a) In the third year in which a school district or the institute is accredited with priority improvement plan or lower while on performance watch, the school district or institute, whichever is applicable, shall host a parent and community meeting to discuss the school district's or the institute's accreditation level. The appropriate department personnel shall attend the meeting. The school district or institute personnel and the department personnel shall ensure that the following information is presented at the meeting:

(I) An explanation of the accreditation and accountability system;

(II) The possible outcomes of being on performance watch;

(III) The reasons for which the school district or institute is accredited with priority improvement plan or lower;

(IV) The options immediately available to the school district or institute for improving performance;

(V) The other school options available to students; and

(VI) The actions the state board may require the school district or institute to take if its performance does not significantly improve while on performance watch.

(b) Information concerning ways in which parents and members of the community may support improvement efforts in the public schools of the school district or institute charter schools may also be presented at the parent and community meeting.

(c) Notwithstanding the provisions of subsection (1)(a) of this section to the contrary, a school district, in consultation with the district accountability committee, or the institute may choose to hold the parent and community meeting in the second year in which the school district or institute is accredited with priority improvement plan or lower while on performance watch.

(2) (a) In the third year in which a public school is required to adopt a priority improvement or turnaround plan while on performance watch, the public meeting required in section 22-32-142 (2) for a district public school and section 22-30.5-520 (2) for an institute charter school must include a parent and community meeting for the public school to discuss the level of performance plan that the public school is required to adopt. The appropriate department personnel shall attend the meeting. The school district or institute personnel and the department personnel shall ensure that the information specified in subsection (1)(a) of this section, as it applies to the public school, is presented at the meeting. The school district or institute shall ensure that the educational leaders at the public school and parents of students enrolled in the public school also have an opportunity to present information concerning the public school. Information concerning ways in which parents and members of the community may support improvement efforts in the public school may also be presented at the parent and community meeting.

(b) Notwithstanding the provisions of subsection (2)(a) of this section to the contrary, a school district, on behalf of a public school of the school district, or the institute, on behalf of an institute charter school, may choose to hold the parent and community meeting in the second year in which the public school is required to adopt a priority improvement or turnaround plan while on performance watch. The school district may hold the public meeting in the second year only after consulting with the affected school accountability committee and, in the case of a district charter school, obtaining the consent of the governing board of the district charter school. The institute may hold the public meeting in the second year only with the consent of the governing board of the institute charter school and after consulting with the affected school accountability committee.

(3) (a) A school district shall ensure that local school board members, school district personnel, public school personnel, local parent advocacy organizations, and the general community receive information concerning each parent and community meeting held for the school district or for a public school of the school district.

(b) The institute shall ensure that institute board members, institute and institute charter school personnel, local parent advocacy organizations, and the general community receive information concerning each parent and community meeting held for the institute or for an institute charter school.

(c) Upon the request of a school district or the institute, the department, within existing resources, may provide technical assistance in creating a communication plan for a parent and community meeting for the school district, the institute, or a public school. For a school district or institute meeting, the school district or institute, working with the department, shall individually notify the parents of students enrolled in the public schools of the school district or the institute charter schools of the meeting and invite them to attend. For a public school meeting, the school district or institute shall individually notify the parents of the students enrolled in the public school and invite them to the meeting. The school district or institute shall determine the form of the parental notification in cooperation with the department. If necessary, the department may request proof of distribution to individual parents from the school district or institute.

Source: L. 2018: Entire section added, (HB 18-1355), ch. 324, p. 1946, � 5, effective May 30.