1 CCR 301-1-7.0 - District and Institute Accountability Processes: Directed Action and Removal of Accreditation

7.1 If a District or the Institute is Accredited with a Turnaround Plan and the Department determines that the District or Institute has failed to make substantial progress under its Turnaround Plan or if the District or Institute has been on Performance Watch for the full five (5) years, the Commissioner shall assign the State Review Panel to critically evaluate the District's or the Institute's performance. The Department shall exclude a District's or the Institute's Accreditation rating for 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 District's or Institute's 2022-23 Accreditation rating may be factored into the calculation of five (5) years. The State Review Panel will recommend one or more of the following actions:

(1) If the recommendation applies to a District:

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

(B) That the District be reorganized pursuant to Article 30 of this Title 22, which reorganization may include consolidation;

(C) That a private or public entity, with the agreement of the District serve as a lead partner in the management of the District or partially or wholly manage one or more of the District Public Schools. 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;

(D) That one or more of the District Public Schools be converted to a charter school;

(E) That one or more of the District Public Schools be granted status as an innovation school pursuant to section 22-32.5-104, C.R.S., or that the Local Board recognize a group of District Public Schools as an innovation school zone pursuant to section 22-32.5-104, C.R.S.; or

(F) That one or more of the District Public Schools be closed.

(2) If the recommendation applies to the Institute:

(A) That the Institute's Accreditation be removed;

(B) That the Institute board be abolished and that the governor appoint a new Institute board pursuant to section 22-30.5-505, C.R.S.;

(C) That a public or private entity take over management of the Institute or management of one or more of the Institute Charter Schools; or

(D) That one or more of the Institute Charter Schools be closed.

7.2 After critically evaluating the District's or Institute's performance, the State Review Panel shall submit a written recommendation to the Commissioner. The Department shall forward the written recommendation to the State Board Office, the applicable Local Board or Institute board, and District or Institute staff.

7.3 Following the release of the Department's initial Accreditation ratings that place a District or the Institute in the fifth year of Performance Watch, the Department shall provide a copy of a written recommendation from the Commissioner to the State Board Office concerning one or more of the actions described in section 7.01 of these rules. The Department shall send a copy of the written recommendation to the applicable Local Board or Institute board and District or Institute staff.

7.4 When a District or the Institute has been on Performance Watch for five (5) years, the State Board shall hold a public hearing to consider the recommendations of the State Review Panel and the Commissioner for a District or the Institute. The public hearing shall be held between October 1st and February 28th of the academic school year in which the District or Institute is Accredited with a Priority Improvement Plan or Turnaround Plan for the fifth year while on Performance Watch.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, based on the available options described in section 7.01 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 and the Department to submit proposed written final determinations for the State Board's consideration at a subsequent meeting.

7.5 Per section 22-11-209 (3.5), C.R.S., if a District or the Institute continues to be Accredited with Priority Improvement or Turnaround Plan after the State Board initially directs action as described in sections 7.01 - 7.04 of these rules, then the Commissioner may in any year, but shall every two years, assign the State Review Panel to critically evaluate the District's or Institute's performance and recommend one or more of the actions described in section 7.01 of these rules. The State Board shall consider the State Review Panel's recommendations, the previously-directed actions, the fidelity with which the District or Institute has 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 District's or Institute's 2022-23 Accreditation rating. The State Board shall require the District or the Institute either to continue the previously directed actions or to undertake additional or different actions outlined in section 7.01 of these rules.

7.6 If the Department recommends to the Commissioner and State Board that the State Board remove a District's or the Institute's Accreditation for the reasons outlined in section 22-11-209(1)(c), C.R.S., concerning budget and financial policies and procedures or accounting and financial reporting, the District or Institute shall have the right to appeal to the State Board before the State Board takes action to remove the District's or the Institute's accreditation. Any such appeal shall proceed as follows:

(1) Within ten (10) days of receiving the Department's written recommendation, the District or Institute shall file with the State Board notice that the District or Institute wishes to appeal the recommendation.

(2) Within ten (10) days of receiving the notice of appeal, the State Board Office shall provide a scheduling notification to the District or Institute in writing. The scheduling notification shall provide the date of the next regularly scheduled State Board meeting. After conferring with the District or the Institute, the State Board Office shall include in the scheduling notification the filing deadlines for the appeal. The deadlines set forth below in this section 7.03 of these rules may be modified by agreement between the Department and the District or Institute with approval of the State Board Office.

(3) Within fifteen (15) days of receipt of the scheduling notification, the District or Institute shall file a position statement setting forth the specific grounds for the assertion that the District or Institute should not have its Accreditation removed. The District or the Institute shall provide a copy of the position statement to the Department.

(4) Within fifteen (15) days of the date the position statement is filed with the State Board, the Department may file a Response to the position statement and provide a copy of the position statement to the District or Institute.

(5) The District or Institute shall file all relevant documents pertaining to the removal of the District's or Institute's Accreditation, which may include:

(A) Written documents issued by the Department recommending removal of Accreditation;

(B) Written correspondence between the District or Institute concerning Accreditation; and

(C) Any other documents, reports, correspondence and other written or electronic materials related to the matters at issue.

(6) The State Board shall hold a hearing on the matter at the earliest possible regularly scheduled board meeting.

(7) The State Board shall issue a written final determination on the removal of the District's or Institute's Accreditation within thirty (30) days of the date of the hearing, and provide a copy to the District or Institute and the Department. The written determination shall be final.

7.7 If a 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 District's or the Institute's Accreditation at the Accreditation category deemed appropriate by the State Board.

Notes

1 CCR 301-1-7.0

42 CR 17, September 10, 2019, effective 9/30/2019 43 CR 21, November 10, 2020, effective 11/30/2020 43 CR 13, July 10, 2020, effective 7/30/2020 44 CR 07, April 10, 2021, effective 4/30/2021 44 CR 17, September 10, 2021, effective 9/30/2021 45 CR 14, July 25, 2022, effective 8/14/2022