Current through Register Vol. 47, No. 22, November 25, 2024
Section 1 CCR 301-1-10.0 - Public School Accountability Processes: Directed Action10.1 If a public school fails to make adequate progress under its Turnaround Plan or continues on Performance Watch for the full five (5) years, the Commissioner shall assign the State Review Panel to critically evaluate the Public School's performance through an on-site visit to the Public School and a review of documents. The Department shall exclude the 2020-21, 2021-22, and 2022-23 school years from the calculation of five (5) years. However, if a District or the Institute submits a request for reconsideration in the fall of 2022 and it is approved by the Department, the Public School's 2022-23 plan type may be factored into the calculation of five (5) years. Upon completing the evaluation, the State Review Panel shall determine which of the following actions to recommend: (1) If the recommendation applies to a District Public School that is not a Charter School: (A) That the Public School be partially or wholly managed by a private or public entity other than the District. The Local 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;(B) That the Public School be converted to a Charter School;(C) That the Public School be granted status as an innovation school pursuant to section 22-32.5-104, C.R.S.; or(D) That the Public School be closed.(2) If the recommendation applies to a District or Institute Charter School: (A) That the public or private entity operating the Charter School or the governing board of the Charter Sch. ool be replaced by a different public or private entity or governing board; or(B) That the Public School's charter be revoked.10.2 The State Review Panel shall submit a written recommendation to the Commissioner. The Department shall send a copy of the written recommendation to the State Board Office, the applicable Local Board or Institute board, and District or Institute staff.10.3 The State Board must hold a public hearing to consider the recommendation of the State Review Panel for a Public School that has been on Performance Watch for five (5) years. The public hearing shall be held between October 1st and February 28th of the academic school year in which the Public School is in its 5th year of a Priority Improvement or Turnaround Plan type while on Performance Watch.10.4 Prior to the public hearing, the District or Institute shall have the opportunity to submit to the State Board a written report detailing the District's or Institute's preferred course of action for the Public School under consideration, based on the available options described in section 10.01 of these rules and which best addresses the root cause(s) for persistent low student performance. At the public hearing, the District or Institute and the Department shall have an opportunity to present information to the State Board. At the conclusion of the public hearing, the State Board may ask the District or Institute to submit, with support from the Department, a proposed written final determination for the State Board's consideration.10.5 Per section 22-11-210 (5.5), C.R.S., if a Public School continues to be required to implement a Priority Improvement or Turnaround Plan after the State Board initially directs action as described in sections 10.01 - 10.04 of these rules, then the Commissioner may in any year, but shall every two years, assign the State Review Panel to critically evaluate the Public School's performance and recommend one of the actions described in section 10.01 of these rules. The State Board shall consider the State Review Panel's recommendations, the previously-directed actions, the fidelity with which the authorizing District or Institute and the Public School have implemented the directed actions, and whether the amount of time to implement the previously directed actions is reasonably sufficient to achieve results. At its discretion, the State Board also may consider the Public School's 2022-23 plan type. The State Board shall require the Local Board or the Institute board either to continue the previously directed actions or to undertake additional or different actions as provided in section 10.01 of these rules.42 CR 17, September 10, 2019, effective 9/30/201943 CR 21, November 10, 2020, effective 11/30/202043 CR 13, July 10, 2020, effective 7/30/202044 CR 07, April 10, 2021, effective 4/30/202144 CR 17, September 10, 2021, effective 9/30/202145 CR 14, July 25, 2022, effective 8/14/2022