1 CCR 301-1-10.0 - Public School Accountability Processes: Directed Action
10.1 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.
Notes
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