Department of Education
Colorado State Charter School Institute

1 Colorado Code of Regulations 302

 

Statutory Authority:  Article IX, Section 1, Colorado Constitution.  Sections 22-30.5-503(1)(c), 505(4)(k), 505(5), and 510(1)(b) and (c), C.R.S.

RULES FOR THE ADMINISTRATION OF THE STATE CHARTER SCHOOL INSTITUTE

Rule 1.00	Statement of Basis and Purpose.  The statutory basis for these rules adopted January 18, 2005, is found in sections 22-30.5-503(1)(c), 505(4)(k), 505(5), and 510(1)(b) and (c), C.R.S.
    
1)	Section 22-30.5-505, et. seq., C.R.S., requires the Institute Board to promulgate rules for the administration of part 5, Article 30.5, Title 22, C.R.S.  The purposes of these rules include, but are not limited to, establishing regulations to: 

a)	Set forth  procedures for acceptance of Institute Charter School applications. 

b)	Identify the criteria and process for evaluating Institute Charter School applications. 

c)	Set forth the criteria for authorizing Institute Charter Schools. 

d)	Provide procedures for entering into, renewing, terminating and revoking Institute Charter School contracts,

e)	Specify procedures for monitoring and overseeing Institute Charter Schools.

f)	State procedures concerning Institute Charter School accountability.

g)	Provide procedures for adoption of content standards by Institute Charter Schools. 

h)	 Provide for procedures for entering into contracts with a Board of Cooperative Services or with any other qualified individual or  private or public entity pursuant to section 22-30.5-505(6)(a), C.R.S. 

i)	Set forth criteria to insure that each Institute Charter School adopts content standards pursuant to section 22-30.5-505(8), C.R.S.

Rule 2.00	Definitions.

1)	At-Risk Student.  “At-risk student” means a student:

a)	Who is eligible to receive free or reduced-cost lunch pursuant to the provisions of the federal "National School Lunch Act", 42 U.S.C. sec. 1751, et seq.; or

b)	Who has performed at the proficiency level of "low" or "unsatisfactory" on a statewide assessment, for example, below the “partially proficient” on the Colorado Student Assessment Program (“CSAP”).

2)	Board of Cooperative Services.   "Board of Cooperative Services" means a board of cooperative services as defined in section 22-5-103(2), C.R.S.

3)	Charter School Institute.  “Charter School Institute” means the Charter School Institute created and existing pursuant to section 24-30.5-501, et seq., C.R.S.

4)	Charter School Contract.  “Charter School Contract” means the contract between an Institute Charter School and the Charter School Institute. 

5)	Existing School.  “Existing School” means a school or program within a school that is already in existence, including, but not limited to, a charter school operating under a contract pursuant to Part 1 of Title 22, C.R.S., with a local board of education; an existing non-charter public school,  an existing non-public school, or a discrete program that is a part of one of the forgoing schools. 

6)	Institute Charter School.  “Institute Charter School” means a public, nonsectarian, nonreligious, non-home-based school that operates pursuant to a Charter School Contract  with the Charter School Institute. 

7)	Institute Board.  “Institute Board” means the board of the Charter School Institute appointed pursuant to section 22-30.5-505, C.R.S.

8)	Department.  “Department” means the Colorado Department of Education created and existing pursuant to section 24-1-115, C.R.S.

9)	School District. "School district" means a school district organized and existing under the laws of Colorado, except a junior college district; except that, for purposes of section 22-30.5-513, C.R.S., "school district" shall have the meaning set forth in section 22-30.5-513(1)(n), C.R.S.

10)	State Board.  “State Board” means the Colorado State Board of Education created and existing pursuant to Section 1 of Article IX of the Colorado State Constitution.  

Rule 3.00	Institute Charter School Application Procedures.

1)	Deadline. An Institute Charter School application shall be submitted to the Institute Board staff no later than September 1 of the year before the year in which the proposed Institute Charter School is to open.  Applications will not be accepted unless they are received by the Institute Board office by 4:30 PM, on September 1..  If the deadline falls on a weekend or holiday, the next business day shall be the deadline date. 

a)	The deadline for filing an application may be extended in the discretion of the Institute Board upon written request by the applicant.

b)	Prior to any change in the application deadline, the Charter School Institute shall notify each known Institute Charter School applicant of the proposed change by certified letter.

2)	An application may be submitted by one or more individuals (e.g., a partnership); by a non-profit, governmental, or other entity or organization; or by an Existing School.  

3)	An application for an Institute Charter School may not be submitted if the School District within which the Institute Charter School is to be located has retained exclusive authority to authorize charter schools pursuant to part 5, Article 30.5,  Title 22, C.R.S., unless the board of education of such School District has approved, by resolution, the establishment of one or more Institute Charter Schools within its geographic boundaries, has submitted the resolution to the State Board, and has not rescinded the resolution. 

4)	Applications from an Existing School 

a)	An Existing School seeking to become an Institute Charter School shall submit the same application as a new applicant and shall also submit the additional information required by Rule 4.2 below.  

b)	If the Existing School is a charter school approved by a School District: 

i)	The existing school must have consent from its authorizing school district if it is seeking to transfer before the end of its current charter contract unless it is in the last year of  the current charter contract.  
ii)	The existing school does not need to be non-renewed by its authorizing School District to apply to the  Charter School Institute.  
iii)	The existing school may submit a renewal application to the current School District at the same time it submits an application to the Charter School Institute.

5)	An application may be withdrawn at any time by filing a written request for withdrawal signed by the applicant(s) or authorized representatives of the applicant(s).  The withdrawal shall be effective on the date the notice of withdrawal is received by the  Charter School Institute. 

6)	On or before the date the application is submitted to the Institute Board, the applicant shall provide proof that it has given written notice of the application and provided a complete copy of the application to the board of education and the accountability committee of the School District in which the proposed Institute Charter School is to be located.  If the application is supplemented or amended (including responses to questions raised at any interview of the applicant), on or before the date the amendment or supplement is submitted to the Institute Board, the applicant shall provide proof that a complete copy of the amendment or supplement has been provided to the board of education and the accountability committee of the School District in which the proposed Institute Charter School is to be located.  The board of education and the accountability committee may each comment on the application to the Institute Board, in writing, within 30 days of receiving notice of the application or of any supplement or amendment.  

7)	Applications for an Institute Charter School shall be in both electronic form and hard copy  and in a format detailed in the Request for Applications published by the Institute board.

8)	Additional information may be required by the Institute Board,

Rule 4.00	Institute Charter School Application Contents.

1)	The Institute Charter School application shall include, but is not limited to, each of the following, along with supporting documentation:

a)	The mission statement of the Institute Charter School, which shall be consistent with the principles of the General Assembly’s declared purposes as set forth in section 22-30.5-501, C.R.S.

b)	The goals, objectives, and pupil performance standards, in compliance with state and federal law, to be achieved by the Institute Charter School for all students who enroll.

c)	Evidence that an adequate number of parents, teachers, pupils, or any combination thereof, support the formation of an Institute Charter School.

d)	A description of the Institute Charter School’s educational program, plan for administration of the statewide assessments described in Title 22, Part 7, C.R.S., and plan for sharing student CSAP results with the parent or legal guardian of each student.

e)	A description of the Institute Charter School’s plan for evaluating pupil performance, the types of assessments that will be used to measure pupil progress towards achievement of the Institute Charter School’s pupil performance goals for all students enrolled, the timeline for achievement of the goals, and the procedures for taking corrective action in the event that pupil performance at the Institute Charter School falls below such goals.

f)	Evidence that the plan for the Institute Charter School is economically sound, a proposed budget for the term of the contract, and a description of the manner in which an annual audit of the financial and administrative operations of the Institute Charter School will be conducted, including how the Institute Charter School and its employees will contribute the required respective amounts to the Colorado Public Employees’ Retirement Association.  

i)	The proposed budget shall be based on the minimum enrollment required to remain solvent and also on enrollment at 100% of capacity, include a three percent reserve as required by law, and for the first year, show cash flow projections on a monthly basis as well as a plan for funding cash flow shortfalls. 
ii)	The proposed budget must be in a form prescribed by the Institute Board.

g)	A description of the governance and operation of the Institute Charter School, including the nature and extent of parental, professional educator, and community involvement in the governance and operation of the Institute Charter School.

h)	An explanation of the relationship that will exist between the Institute Charter School and its employees, and the employment policies of the Institute Charter School.

i)	A plan for the Institute Charter School to meet applicable insurance coverage requirements.

j)	A plan for the Institute Charter School to conduct community outreach to recruit and retain At-Risk Students.

k)	A description of the Institute Charter School’s enrollment policy, which shall be consistent with the requirements of section 22-30.5-507(3), C.R.S., and the criteria for enrollment decisions.

l)	A description of how the Institute Charter School plans to meet the transportation needs of its pupils and, if the charter school plans to provide transportation for pupils, a plan for addressing the transportation needs of low-income and academically low-achieving pupils. 

m)	The proposed location of the Institute Charter School and whether the use of the proposed facility is consistent with applicable law, safety and or any other accessibility requirements of the facility. If no location has been secured at the time the application has been submitted, the applicant’s plan for finding a location, including a proposed schedule. 

n)	A statement specifying how the Institute Charter School intends to use the one-percent increase in the statewide base per pupil funding for state fiscal years 2004-05 through 2010-11 required by section 17 of article IX of the state constitution to raise student achievement.

o)	A statement of each state law, rule or policy; or Institute Board rule or policy for which a waiver is requested and for each waiver of Institute Board rule or policy requested, the following information:

i)	Citation of the statute, rule or policy. 
ii)	The reason(s) that each waiver is sought.

p)	The applicant’s plan for addressing expulsion, suspension, and education of expelled or suspended students in a manner consistent with the intents and purposes of section 22-33-106, C.R.S., and section 22-33-203, C.R.S. 

q)	The applicant’s plan to improve educational achievement, to maximize high school graduation rates, and increase the Institute Charter School’s accreditation ratings, including, but not limited to, its plan for continuing curriculum development (such as revisions of existing standards and benchmarks, further alignment of curriculum, and development of assessments).  

r)	The applicant’s plan for serving students with special needs, including identification of students with special needs, including those with Individual Educational Programs, Section 504 plans, Individual Literacy Plans, Gifted/Talented Plans and/or English Language Learners.  The plan shall comply with the format prescribed by the Institute Board. 

2)	If the applicant is an Existing School, in addition to all of the above information, the application shall contain the following:

a)	If the existing school is a charter school, Identify each pre-existing obligation of the school to the school district that authorized the charter school and for all Existing Schools, identify any contractual obligations to or relationships with other parties and provide a detailed plan for addressing each such pre-existing obligation or relationship.  The applicant shall acknowledge that the Institute Board’s approval of the application shall not relieve the applicant of these pre-existing obligations or relationships.

b)	An organization chart or other summary showing staffing of the school, by year, for the past three years.

c)	Audited financial statements for the past three years. 

d)	A discussion of the pupil performance standards used at the school, a summary of the assessment methods used to measure pupils’ performance, and a summary of the results of those assessments for each of the last three years.  

e)	A description of the school’s educational program in each of the last three years.

Rule 5.00	Institute Charter School Application Review Process and Criteria.

1)	It is the intent of the Institute Board that all  Institute Charter School applications address how the proposed school will be among the highest-performing schools in academic achievement.

2)	Applications shall be deemed complete when all areas required by these rules, Institute Board policy, and other applicable laws or regulations have been addressed thoroughly and completely with appropriate supporting documentation. If an application is incomplete and the applicant has failed to timely make appropriate revisions, the Institute Board may consider whether to reject the application as incomplete at any time.

3)	If an application is incomplete, the Institute Board shall make a written request for the necessary information from the Applicant.  The applicant shall submit a revised application addressing the response within 15 days of the date of the request.  This deadline may be extended for good cause shown upon written request by the applicant and in the discretion of the Institute Board or its delegee.  Failure to properly revise the application may result in denial of the application. 

4)	The Institute Board’s review of applications shall include, but is not limited to, the following key evaluative areas and consideration of how the proposed school will be among the highest-performing schools in academic achievement:

a)	Curriculum and instructional program;

b)	Non-academic program characteristics;

c)	Financial viability;

d)	Appropriate governance model and proposed practices;

e)	Appropriate, consistent, clear, and measurable accountability systems; and

f)	The extent to which the instructional program fits the mission statement of the Institute charter school.

5)	Once the staff and Institute Board have completed an initial review of the Institute Charter School application, the Institute Board may ask for supplemental information, including but not limited to, interviews with the proposed  Institute Charter School’s leadership, founding board members, administrators, teachers, and representatives of companies partnering or assisting in the development of the Institute charter school. The Institute Board will focus on approving only those charter school applications that have a high likelihood of success, especially in regard to academics and financial operations.

6)	The Institute Board shall rule by resolution on an application for an Institute Charter School in a public hearing, following reasonable public notice, within sixty days of receipt of a complete application unless the parties mutually agree in writing to a longer period of time.  Before making its decision, the Institute Board shall give the applicant and members of the public reasonable opportunity to be heard.

7)	If the application is denied, the Institute Board shall advise the applicant, in writing, of the reason(s) for the denial.  Within thirty days of the date of the denial, the applicant may submit to the State Board a notice of appeal stating the grounds for the appeal. 

8)	If the application is approved or approved with conditions, the Institute Board shall advise the applicant in writing.  

9)	After the Institute Board has approved an application, the applicant shall progress through a checklist of criteria that must be met before opening the Institute Charter School.  The checklist is not time-phased and may be completed at the discretion of the Institute Charter School leadership.  Completion of  the checklist, however, is required before the Institute Charter School may begin serving students. 

10)	The Institute Board and the Institute Charter School applicant may jointly waive any of the deadlines in this Rule 5. 

Rule 6.00	Institute Charter School Contract

1)	If a proposed Institute Charter School is approved by the Institute Board, the applicant and the Institute Board shall negotiate a Charter School Contract. The Institute Board and the Institute Charter School shall conclude negotiations and agree upon all terms of the Charter School Contract within forty-five days of the date the Institute Board approves the  Institute Charter School.  

2)	The approved Institute Charter School application shall serve as the basis of the contract between the Institute Charter School and the Charter School Institute. 

3)	The term of the Charter School Contract shall be for a term of no less than 3 years but no more than 5 years unless the Institute Board and the Institute Charter School jointly agree to extend the charter for a longer period for the purpose of enhancing the terms of any lease or financial obligation. 

4)	Any change  to the terms of the Charter School Contract may be made only with the written approval of the Institute Board and the governing body of the Institute Charter School.

5)	The terms of the Charter School Contract must include, but are not limited to:

a)	A statement specifying how the Institute Charter School intends to use the one-percent increase in the statewide base per pupil funding for state fiscal years 2004-05 through 2010-11 required by section 17 of article IX of the state constitution to raise student achievement.

b)	A statement of each state law or rule or Institute Board policy for which a waiver is requested from the State Board or the Institute Board.

c)	An  agreement as to the services, other than necessary administration, oversight, and management services, to be provided to the Institute Charter School by any third party with which the Institute Charter School or the Charter School Institute contracts, including, for each such service:

i)	The nature of the service. 
ii)	The anticipated vendor of the service, if known. 
iii)	The cost of the service. 

d)	The minimum enrollment of the Institute Charter School for financial viability.

e)	The finances for the Institute Charter School, including the amount and flow of funds.

Rule 7.00	Institute Charter School Oversight and Monitoring.

1)	The Charter School Institute will accredit each individual Institute Charter School based on the Charter School Institute’s accreditation contract with the State Board.  

2)	Not later than five years after the opening date of the school, each Institute Charter School must undergo an outside evaluation.  In its sole discretion, the Institute Board may direct an Institute Charter School to undergo an outside evaluation more often.  

a)	The Institute Board shall adopt a list of recommended outside evaluation programs that the Institute Charter School may select from.  

b)	The outside evaluator shall submit its findings in writing to the Institute Board and the Institute Charter School governing board in a timely manner following the review.  

c)	The findings of the outside evaluation shall be considered in the decision of the Institute Board of whether to renew a Charter School Contract. 

3)	The Charter School Institute shall annually review each Institute Charter School’s accomplishment of the goals set forth in each of the plans in the school’s application. 

Rule 8.00	Accountability Reporting.

1)	Each Institute Charter School shall be responsible for gathering and submitting to the Charter School Institute the data necessary to prepare a school accountability report required by  section 22-7-605, C.R.S., for the Institute Charter School.  The data shall be in the format required by section 22-7-605, C.R.S., and, whenever possible, using the state data reporting system described in section 22-7-603, C.R.S., and other data as required by the Charter School Institute.

This data shall be submitted to the Institute no later than the same deadline as the one used by the state unless otherwise provided for by the Charter School Institute director.
 
Rule 9.00	Institute Charter School Content Standards.

1)	Not later than three years after the opening date of the school, each Institute Charter School shall adopt first priority content standards in the areas of reading, writing, mathematics, science, history, and geography which meet or exceed the state model content standards adopted pursuant to section 22-7-406(1), C.R.S. 

2)	Not later than five years after the opening date of the school, each Institute Charter School shall also adopt second priority content standards in the areas of art, music, physical education, foreign languages, economics, and civics which meet or exceed the state model content standards adopted pursuant to section 22-7-406(1), C.R.S. 

3)	Content standards may be adopted for each grade level or may be adopted for groupings of grade levels. 

4)	In adopting content standards, each Institute Charter School shall seek input from and shall work in cooperation with educators, parents, students, business persons, members of the general community who are representative of the cultural diversity at the Institute Charter School.  The Institute Charter School shall also consider the Colorado Model Content Standards. 

5)	Following adoption of content standards pursuant to this section, each Institute Charter School shall develop a plan for:

a)	Revising curriculum and programs of instruction to align them with adopted content standards and to ensure that each student will have the educational experiences needed to achieve the adopted content standards.

b)	Selecting or developing assessments that will adequately measure each student's progress toward and achievement of the adopted content standards for the subject areas that are not tested by the state pursuant to section 22-7-409, C.R.S., including specification of an acceptable performance level. Such performance level shall be continuously reexamined.

c)	Administering assessments developed pursuant to paragraph (b) of this subsection 5 to students.

d)	Addressing the different learning styles and needs of students of various backgrounds and abilities and eliminating barriers to equity which exist within the Institute Charter School.

e)	Providing professional educator development in standards-based education.

6)	The plan adopted by the Institute Charter School pursuant to  this section shall specifically address the education of exceptional students. In addition, such plan shall adopt timelines for the implementation of standards-based education pursuant to part 4, Article 7, title 22, C.R.S. 

7)	Following adoption of content standards pursuant to this section, each Institute Charter School shall review and revise such content standards as necessary to promote the Highest student achievement. In revising such content standards, each Institute Charter School shall seek recommendations from and shall work in cooperation with educators, parents, students, business persons, members of the general community who are representative of the cultural diversity of the Institute Charter School.

8)	Any individual education program which is developed for a student with disabilities pursuant to section 22-20-108(4), C.R.S., shall specify whether such student shall achieve the Institute Charter School’s adopted standards or whether such student shall achieve individualized standards which would indicate the student has met the requirements of such student's individual education program.

Rule 10.00 	Revocation of the Charter School Contract.

1)	The Institute Board may revoke a Charter School Contract if the Institute Board determines that the Institute Charter School:

a)	committed a material violation of any of the conditions, standards, or procedures set forth in the Charter School Contract of the Institute Charter School;

b)	failed to meet or make reasonable progress toward achievement of the content standards or pupil performance standards identified in the Charter School Contract of the Institute Charter School;

c)	received an overall academic performance rating of “unsatisfactory” pursuant to section 22-7-604(5), upon the completion of the third school year of operation under a school improvement plan pursuant to section 22-7-609, and the State Board recommended that the Institute Charter School be converted to an independent charter school pursuant to section 22-7-609(5)(b), C.R.S.; 

d)	failed to meet generally accepted standards of fiscal management; or

e)	violated any provision of the law from which the  Institute Charter School was not specifically exempted.

2)	The Institute Board’s process for revoking a Charter School Contract is as follows:

a)	The Charter School Institute director, upon reasonable belief that grounds for revocation of the contract exist, shall notify, by certified mail, the governing body of the Institute Charter School of such grounds by issuing the school a Notice of Intent to Revoke.  The Notice of Intent to Revoke shall be in writing and shall set forth the alleged grounds for revocation.

b)	Within thirty (30) days of receipt of the Notice of Intent to Revoke, the governing body of the Institute Charter School shall respond in writing to the alleged grounds for revocation.  The Institute Charter School’s response shall be addressed to the Charter School Institute director and shall respond to each alleged ground for revocation.

c)	If the Institute Charter School’s response includes admissions of non-compliance with the contract or applicable law, the response must also contain a description of the Institute Charter School’s plan and timeline for correcting the non-compliance with the contract or applicable law.  

d)	If the Institute Charter School’s response includes a denial of non-compliance with the contract or applicable law, the response shall include sufficient documentation or other evidence to support a denial of non-compliance with the contract or applicable law.  

e)	If the Institute Charter School does not respond, the allegations in the Notice of Intent may be deemed to have been admitted.  

f)	Plan of correction.  

i)	Within fifteen (15) days of receipt of the Institute Charter School’s response or after a meeting with the Institute Charter School representatives, the Charter School Institute director shall review the response and determine whether a reasonable plan for correcting the deficiencies can be formulated.  
ii)	If the Charter School Institute director determines that a reasonable plan for correcting the deficiencies set forth in the Notice of Intent to Revoke can be formulated, the Charter School Institute director shall develop a plan for correcting the non-compliance (“Plan of Correction”).  In developing a Plan of Correction, the Charter School Institute director is permitted to adopt, modify or reject some or all of the Institute Charter School’s response for correcting the deficiencies outlined in the Notice of Intent to Revoke.  

g)	The Notice of Intent to Revoke may be withdrawn if the Charter School Institute director determines any of the following: 

i)	the Institute Charter School’s denial of non-compliance is persuasive; 
ii)	the non-compliance set forth in the Notice of Intent to Revoke has been corrected by the Institute Charter School; or 
iii)	the Institute Charter School has successfully completed the Plan of Correction.

3)	The Charter School Institute director may initiate a revocation hearing before the Institute Board if the Charter School Institute director determines that one or more of the following has occurred:

a)	the Institute Charter School has failed to respond to the Notice of Intent to Revoke.

b)	the Institute Charter School’s response admits violations of the Charter School Contract or applicable law which the Charter School Institute director deems cannot be remedied or cannot be remedied in an appropriate period of time, or for which the Charter School Institute director determines that a Plan of Correction cannot be formulated;

c)	the Institute Charter School’s response contains denials that are not supported by sufficient documentation or other evidence showing compliance with the Charter School Contract or applicable law;

d)	the Institute Charter School has not complied with part or all of a Plan of Correction established in Rule10.2(f); or

e)	the Charter School Institute director believes that circumstances exist that would justify revocation. 

4)	The Charter School Institute director shall send a copy of the request for revocation hearing to the Institute Board and to the Institute Charter School.  The request for revocation shall identify the reason(s) for revoking the Charter School Contract.

5)	Within thirty (30) days of receipt of a request for revocation hearing, the Institute Board shall convene a revocation hearing.  

6)	The revocation hearing shall be held at a location, date and time as determined by the Charter School Institute director.  Each side shall submit its position 10 days in advance, in writing, and mail or deliver its position statement to the other side.  The Charter School Institute director or his or her designee and the Institute Charter School or its designee, shall each have thirty minutes to make their presentation to the Institute Board during which time Institute Board members may question the parties.  Although each party is permitted to submit affidavits and exhibits in support of their positions, the Institute Board will not hear testimony from any witnesses for either side.  

7)	The Institute Board will rule by resolution and a copy of the resolution provided to the  Institute Charter School governing board, the Charter School Institute director and the State Board.

8)	Effective date of revocation.  If the Institute Board votes to revoke the Charter School Contract, the revocation shall be effective on the date of the Institute Board’s act of revocation, or at a later date as determined by the Institute Board.

9)	Notwithstanding any other provision of the Charter School Contract, any state School Finance Act funds received by the Institute Board for a school whose charter has been revoked will be returned to the school finance funding account.   

10)	Notwithstanding the above procedures for revocation, if the  Charter School Institute director determines that immediate action to revoke a Charter School Contract is necessary to protect the safety of students or to preserve the school’s funds and/or property, the Institute Board may immediately convene a revocation hearing.

a)	An immediate revocation hearing shall be commenced within five (5) days of written notice to the Institute Charter School by the Charter School Institute director of the circumstances justifying immediate revocation.

b)	The procedure at the hearing shall be as provided in Rule 10.6 above except that each side shall provide its written position statement to the Institute Board and the other party no later than 24 hours before the hearing.

11)	If the Institute Board revokes the Charter School Contract, it shall provide written notice to the governing body of the Institute Charter School stating in detail the basis for the decision to revoke.

12)	If the Institute Board revokes the Charter School Contract, the governing body of the Institute Charter School may appeal the decision to the State Board by giving both the State Board and the Institute Board a notice of appeal within thirty (30) days of the date of the decision of the Institute Board to revoke the Charter School Contract.

Rule 11.00 	Termination of the Charter School Contract.

1)	The Institute Charter School governing body, by a majority vote, may, at any time and for any reason, request termination of the Charter School Contract as follows:  

a)	The Institute Charter School’s request for termination shall be made to the Charter School Institute director not less than ten (10) calendar months in advance of the Institute Charter School’s proposed effective date of termination.  

b)	Upon receipt of the Institute Charter School’s request for termination, the Charter School Institute director shall present the request for termination to the Institute Board.  A copy of the Institute Charter School’s resolution approving the contract termination, including a summary of the reasons for terminating the contract, shall be included with the Institute Charter School’s request for termination.  

c)	At the Institute Board’s next regularly scheduled meeting, the board will consider and vote on the proposed termination request.  The Institute Board may, in its sole direction, waive the ten (10) month advance notice requirement for terminating the contract.

Rule 12.00 	Renewal of the Charter School Contract.

1)	The governing body of an Institute Charter School shall submit a renewal application not later than September 1st of the year before the Charter School Contract expires.  The application shall include:

a)	A complete, detailed report on the progress of the Institute Charter School in implementing the plans and in achieving the goals, objectives, student performance standards, content standards and other objectives set forth in its application.

b)	If the Institute Charter School is requesting a term longer than five years for the purpose of enhancing the terms of any lease or financial obligation, it shall identify each such lease and/or obligation and state the enhancement to be obtained through the longer term. 

2)	The Institute Board shall act on the application for renewal no later than November 1st of the year before the Charter School Contract expires or another, mutually agreed upon date. 

3)	A Charter School Contract shall not be renewed for more than five years unless the Institute Board and the Institute Charter School jointly agree to extend the charter for a longer period for the purpose of enhancing the terms of any lease or financial obligation. 

4)	The Institute Board shall hold a hearing on the renewal application, after reasonable notice, at which the applicant and the public shall be given reasonable notice to be heard.  The Institute Board shall rule by resolution on the application at the meeting. 

5)	The grounds for non-renewal are the same as the grounds for revocation set forth in Rule 10.1 above.  In addition, the Institute Board may deny renewal on the grounds that it is not in the best interests of the pupils attending the Institute Charter School to continue operation of the Institute Charter School. 

6)	If the Institute Board does not renew the Charter School Contract, it shall provide written notice to the governing body of the Institute Charter School stating in detail the basis for the decision not to renew.  

7)	If the Institute Board denies the application for renewal, the governing body of the Institute Charter School may appeal the decision to the State Board by giving both the State Board and the Institute Board a notice of appeal within thirty (30) days of the date of the decision of the Institute Board not to renew the Charter School Contract. 

Rule 13.00	Institute Contracts with A Board of Cooperative Services or Otherwise Qualified Individual or Private or Public Entity.

1)	The Institute Board may contract with a Board of Cooperative Services, or with any other qualified individual or public or private entity or organization, including a School District, for the provision of administrative or other support services directly to the Charter School Institute or for the benefit of Institute Charter Schools.

2)	Contracts pursuant to this section shall be in accordance with Colorado laws, rules, and policies, including, but not limited to, the Colorado Fiscal Rules (1 CCR 101-1) and the Colorado Procurement Rules (1 CCR 101-9).

3)	The qualifications of Boards of Cooperative Services, individuals or private or public entities shall be determined by the Institute Board during the selection process for the particular contract at issue. 

4)	Each contract entered shall have appropriate liquidated damages and/or penalties for failing to comply with the terms and conditions of the contract.