(1) In addition to any other duties that may be required by law, the office shall:
(a) Develop and maintain, as described in section 22-2-407, the list of approved facility schools and the list of approved facility schools that receive accreditation;
(b) Make recommendations to the facility schools board regarding the curriculum for use in the approved facility schools;
(c) Make recommendations to the facility schools board regarding graduation requirements for students in approved facility schools. The unit's recommendations shall follow the comprehensive guidelines for high school graduation requirements specified by the state board pursuant to section 22-2-106 (1)(a.5);
(d) Maintain, and make available as provided by law, student information and records for the students who receive educational services from approved facility schools;
(e) Ensure that each student who receives educational services from an approved facility school and who, upon leaving the facility, will reside in Colorado receives a unique identifying number, as provided in rules adopted pursuant to section 22-11-104, if the student has not already been assigned a number by the department; and
(f) Communicate and collaborate with the state department of human services, the county departments of human or social services, and referring agencies regarding the placement and transfer of students in facilities, including but not limited to communication concerning academic testing prior to and following placement and other academic and achievement testing.
(2) In complying with the duties specified in subsection (1)(d) of this section, the office shall:
(a) Adopt data reporting protocols and records transfer procedures for use by approved facility schools; and
(b) In purchasing a data system to maintain the records of students who are receiving educational services from approved facility schools, ensure that the data system selected is compatible with the system used by school districts in serving a majority of the students enrolled in public schools of the state.
(3) The office shall create, maintain, and annually publish:
(a) The accreditation outcome reports that the office develops for each approved facility school pursuant to section 22-2-406 (4)(c) on the office's public website; and
(b) A list of independent national accreditation organizations that are approved by the facility schools board pursuant to section 22-2-406 (4)(a)(IV).
(4) (a) The office shall contract with a qualified third-party evaluator to evaluate and report whether the work group recommendations made pursuant to section 22-2-407.5 resulted in more effective services and better access to those services for students with exceptionally severe and specialized needs. The office shall consult with the work group and qualified third-party evaluator to evaluate and report the following:
(I) Whether the number of approved facility school placements for students with exceptionally severe or specialized needs has stabilized or increased;
(II) Whether reliance on homebound and out-of-state placements has decreased;
(III) Whether administrative units that are unable to access approved facility school placements due to geographic or other constraints receive sufficient support from the technical assistance center created in section 22-2-412 to provide effective services to students with exceptionally severe or specialized needs;
(IV) Whether parents, guardians, advocates, county departments of human or social services, and other interested parties assess that the work group's implementation plan described in section 22-2-407.5 (4) has had a positive impact on services for students with exceptionally severe or specialized needs; and
(V) Any other measure of success the office, work group, and third-party evaluator determine necessary.
(b) On or before September 1, 2026, the qualified third-party evaluator shall submit a report to the work group and the office summarizing the measures and recommendations described in subsection (4)(a) of this section. The report must be included in the October 1, 2026, report required pursuant to section 22-2-407.5 (4)(e).
(5) (a) The office shall assemble stakeholders, including members of the work group, to analyze and recommend changes to the methods used for calculating tuition costs for approved facility schools pursuant to section 22-20-109 (2).
(b) As part of the October 1, 2023, report required pursuant to section 22-2-407.5 (4)(e), the office shall summarize the stakeholder recommendations described in subsection (5)(a) of this section, including whether statutory or rule updates are required to implement the recommendations.
(c) On or before July 1, 2024, the state board shall consider the proposed changes and promulgate rules implementing the new methods used for calculating tuition costs.
(d) As part of the October 1, 2024, report required pursuant to section 22-2-407.5 (4)(e), the office shall include an update describing the tuition changes adopted as of July 1, 2024.
Source: L. 2008: Entire part added, p. 1378, � 1, effective May 27. L. 2009: (1)(e) amended, (SB 09-163), ch. 293, p. 1529, � 12, effective May 21. L. 2018: (1)(f) amended, (SB 18-092), ch. 38, p. 436, � 86, effective August 8. L. 2023: IP(1), (1)(a), and IP(2) amended and (3), (4), and (5) added, (SB 23-219), ch. 88, p. 317, � 5, effective April 20. L. 2024: (4)(b) amended, (SB 24-188), ch. 235, p. 1476, � 12, effective May 23; (3)(b) amended, (HB 24-1450), ch. 490, p. 3414, � 34, effective August 7.
Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. For the legislative declaration in SB 24-188, see section 1 of chapter 235, Session Laws of Colorado 2024.
22-2-406. Facility schools board duties - curriculum - graduation standards - report - rules. (1) In addition to any other duties provided by law, the facility schools board shall:
(a) Adopt curriculum to be provided by approved facility schools. At a minimum, the facility schools board shall align the curriculum for the core subjects of reading, writing, mathematics, science, history, and geography with the state content standards adopted pursuant to section 22-7-1005 and the state assessments or alternate assessments administered as described in section 22-7-1006.3 (3). The curriculum must include a range of course work from which an approved facility school may select courses that meet the needs of the students who are placed at the facility, including a variety of instructional methods and strategies to meet student needs.
(b) Adopt accountability and accreditation measures, including academic performance measures, to be applied to approved facility schools and the students receiving educational services through the approved facility schools;
(c) Award a high school diploma to a student who, while receiving services through an approved facility school, meets the graduation requirements the facility schools board shall establish pursuant to subsection (3) of this section and who applies for the award of a high school diploma from the facility schools board; and
(d) Develop procedures to authorize facilities to operate as specialized day schools.
(2) The facility schools board may make recommendations to the state board and to the department of human services regarding any of the following issues:
(a) The process for placing a child or youth in a facility when the placement is initiated by a public entity and methods for improving the involvement of school districts in such placement decisions;
(b) The process for placing a child or youth in a facility when the placement is initiated by action by or request of a private person and methods by which school districts may be involved in such placement decisions;
(c) Methods and strategies for improving the quality of educational services provided by approved facility schools and for improving the educational outcomes for students who receive educational services from approved facility schools;
(d) Methods for recruiting and retaining highly qualified teachers and paraprofessionals for employment in approved facility schools;
(e) The provision of appropriate services for students with disabilities, including the process for developing and reviewing individualized education programs;
(f) Methods of reimbursing approved facility schools for the excess costs incurred in providing educational services to students with disabilities, including direct and indirect costs;
(g) The liability of the school districts of residence for providing a free and appropriate public education for the students who are placed in a facility and procedures to ensure students' rights to receive educational services;
(h) The oversight and monitoring of approved facility schools;
(i) Any other issues that are determined by the facility schools board to be within its purview and that are intended to improve educational outcomes for students receiving educational services from approved facility schools or to promote the efficient delivery of educational services to students who are placed in facilities; and
(j) The creation of an interagency resource guide to assist facilities in becoming licensed or authorized as approved facility schools, which must be adopted by the department, the department of human services, the department of health care policy and financing, and the department of public health and environment as set forth in section 22-2-410.
(3) The facility schools board shall promulgate rules in accordance with the State Administrative Procedure Act, article 4 of title 24, to establish procedures by which a student who participates in an approved facility school may apply to receive a high school diploma awarded by the facility schools board. The facility schools board shall also, by rule, establish the graduation requirements that a student receiving educational services through an approved facility school shall meet to be awarded the facility school's high school diploma. In adopting the graduation requirements, the facility schools board shall take into consideration the recommendations of the office and shall ensure that the graduation requirements follow the guidelines for high school graduation requirements specified by the state board pursuant to section 22-2-106 (1)(a.5).
(4) (a) (I) In complying with the duties specified in subsection (1)(b) of this section, on or before December 1, 2026, the facility schools board shall review the implementation of accountability measures by an approved facility school that has been approved for at least one year and recommend to the state board whether to accredit the approved facility school. The state board may grant accreditation to the approved facility school based on the facility schools board recommendation.
(II) If a facility school has been an approved facility school pursuant to section 22-2-407 (2)(b) for less than one year as of December 1, 2026, the approved facility school shall implement accountability measures within one year of approval before the facility schools board review pursuant to subsection (4)(a)(I) of this section.
(III) If a facility school becomes an approved facility school pursuant to section 22-2-407 (2)(b) after December 1, 2026, the approved facility school has one year to implement the accountability measures before a review by the facility schools board and accreditation approval by the state board pursuant to subsection (4)(a)(I) of this section.
(IV) (A) The facility schools board shall approve a list of recognized independent national accreditation organizations that accredit approved facility schools.
(B) If a recognized independent national accreditation organization accredits an approved facility school, the facility schools board may consider the recognized independent national accreditation as part of the facility schools board's accreditation review of the approved facility school pursuant to this subsection (4)(a)(IV).
(C) The office shall post the list of recognized independent national accreditation organizations to the office's website pursuant to section 22-2-405 (3).
(b) (I) Notwithstanding subsection (4)(b)(II) of this section, on or after December 1, 2026, a school district or an administrative unit shall only place a student in an approved facility school that receives accreditation from the state board or an independent national accreditation organization, unless the school district or administrative unit determines that there is not an accredited facility available and the selected placement is in the best interests of the student.
(II) If a student is a student in an out-of-home placement, as defined in section 22-32-138, and the change of educational placement is a result of placement in out-of-home care, the procedures set forth in section 22-32-138 must be followed.
(c) (I) On or after October 1, 2026, and each October 1 thereafter, the facility schools board shall create an accreditation outcome report for each approved facility school as part of the process to determine whether an approved facility school remains accredited. The accreditation outcome report must include information on student outcomes, postsecondary and workforce readiness, and student engagement.
(II) On or after December 1, 2026, and each December 1 thereafter, the facility schools board shall submit the accreditation outcome reports and accreditation recommendations to the state board.
(III) The state board may approve accreditation, deny accreditation, or grant conditional accreditation. If accreditation is conditional or denied by the state board, an approved facility school may respond to the office within sixty days after receiving the report. The facility schools board and state board may reconsider an approved facility school's accreditation status based on the accreditation outcome report and any other data submitted by an approved facility school or the office.
(IV) The office shall annually update on the office's website the accreditation outcome reports for each approved facility school pursuant to section 22-2-405 (3).
(5) (a) In developing procedures as set forth in subsection (1)(d) of this section, the facility schools board shall promulgate rules for the creation and maintenance of a list of schools that are authorized to operate as specialized day schools and are approved as facility schools to receive reimbursement for providing educational services to students placed in the specialized day school. The facility schools board shall promulgate rules specifying the following procedures:
(I) How to authorize a facility to operate, become accredited, and be maintained as a specialized day school;
(II) How to secure health and safety inspections of a specialized day school;
(III) How to secure zoning approval in cities and counties for a specialized day school;
(IV) How to procure employee background checks; and
(V) How to track and report incidents at specialized day schools.
(b) The facility schools board may enter into interagency agreements with the department of human services, department of public health and environment, and other state and local government agencies to implement this subsection (5).
(c) If a facility meets the criteria to become authorized to operate, become accredited, and be maintained as a specialized day school pursuant to subsection (5)(a) of this section, the office shall authorize the facility to operate as a specialized day school. The office shall periodically, as provided by rule of the facility schools board, review each specialized day school to determine whether the specialized day school is in compliance with the requirements set forth in subsection (5)(a) of this section. The facility schools board shall promulgate rules specifying the procedural requirements associated with the renewal of specialized day schools.
Source: L. 2008: Entire part added, p. 1379, � 1, effective May 27. L. 2015: (1)(a) amended, (HB 15-1323), ch. 204, p. 721, � 22, effective May 20. L. 2023: (1), (2)(h), (2)(i), and (3) amended and (2)(j), (4), and (5) added, (SB 23-219), ch. 88, p. 319, � 6, effective April 20.