COLORADO STATE BOARD OF EDUCATION
Department of Education
RULES FOR THE ADMINISTRATION OF ACCOUNTABILITY FOR ALTERNATIVE CAMPUSES
1 CCR 301-57
2207602-R-1.00	Statement of Basis and Purpose.
The statutory basis for these rules adopted as emergency rules on August 8, 2002, is found in § 22-2-106 (1) (a), C.R.S., State Board duties; § 22-2-107 (1) (c), C.R.S., State Board powers; and § 22-7-604.5, (1) C.R.S., alternative education campuses and § 22-11-210 (1) (b), C.R.S., Public schools - annual review.
Section 22-7-604.5(1), C.R.S., requires the State Board to adopt rules specifying the criteria and application process for a school to be designated an alternative education campus and to adopt rules specifying the information that will be used to effectively communicate to parents of students enrolled in an alternative education campus and to the public the performance of the alternative education campus and the performance of students enrolled in the alternative education campus.  Section 22-11-210 (1) (b), C.R.S., requires the State Board to promulgate rules establishing objective, measurable criteria that the Department shall apply in recommending to the State Board that an alternative education campus implement a performance, improvement, priority improvement or turnaround plan or that an alternative education campus shall be subject to restructuring.  
Any school designated an alternative education campus pursuant to section 22-7-604.5 shall be exempt from receiving an academic performance or improvement rating pursuant to this section, unless the State Board has approved the alternative education campus’ receipt of such ratings pursuant to section 22-7-604.5.
1.01	A new category of "alternative education campus" defined in SB 04-083 exempts this group of schools from receiving a School Accountability Report rating, and due to the July 1, 2004 deadline in statute, it was necessary to adopt emergency amendments while simultaneously scheduling a hearing to consider permanent rules.
2207602-R-2.00	Definitions.
2.01	“Alternative eEducation cCampus” means a public school, including a charter school that receives a designation pursuant to section § 22-7-604.5(1), C.R.S.
2.02	"Alternative education campus" - these secondary schools, commonly referred to as alternative schools, are designed for and typically serve students who have failed in or dropped out of traditional schools, have been expelled from traditional schools, have become involved in the juvenile justice system, were victims of child abuse or neglect, use drugs or alcohol, belong to street gangs, or are otherwise at risk of academic failure, continuing high-risk behaviors, and post-graduation joblessness.
2.03	“Student population” - more than ninety-five percent of the students meet the definition of a high-risk student.
2.02	“Charter School Institute means the entity created pursuant to § 22-30.5-503, C.R.S.
2.03 	“Commissioner” means the office of the commissioner of education created and existing pursuant to section 1 of article IX of the state constitution.
2.04	"High-rRisk sStudent" means a student enrolled in a secondary public school who:
2.04 (A)	Hhas been committed to the Department of Human Services following adjudication as a juvenile delinquent or is in detention awaiting disposition of charges that may result in commitment to the Department of Human Services;
2.04 (B)	Hhas dropped out of school or has not been continuously enrolled and regularly attending school for at least one semester prior to enrolling in his or her current school;
2.04 (C) Hhas been expelled from school or engaged in behavior that would justify expulsion;
2.04 (D) Hhas a documented history of personal drug or alcohol use or has a parent or guardian with a documented dependence on drugs or alcohol;
2.04 (E)	Hhas a documented history of personal street gang involvement or has an immediate family member with a documented history of street gang involvement;
2.04 (F)	Hhas a documented history of child abuse or neglect;
2.04 (G) Hhas a parent or guardian in prison or on parole or probation;
2.04 (H) Hhas a documented history of domestic violence in the immediate family;
2.04 (I)	Hhas a documented history of repeated school suspensions; or
2.04 (J)	IIs a parent or pregnant woman under the age of twenty years.
2.05	“Institute Charter School” means a charter school that is authorized by the Charter School Institute pursuant to the provisions of part 5 of article 30.5 of title 22, C.R.S.
2.06	“Local School Board” means the board of education of a District.  “Local School Board” also includes the governing board of a Board of Cooperative Education Services, as defined by § 22-5-101, C.R.S., et seq., if the Board of Cooperative Education Services is operating a Public School.
2.07	“Public School” shall have the same meaning as provided in § 22-1-101, C.R.S., and includes but is not limited to a district charter school, an Institute Charter School, and an online program as defined in section § 22-30.7-102 (9), C.R.S. 
2.08	“State Board” means the State Board of Education established pursuant to section 1 of article IX of the state constitution.
2207602-R-3.00	Criteria and Application Process for a School to be Designated an Alternative Education Campus.
CATEGORY 1 – SB 02-094
3.01	Criteria that a Public School must meet to be designated an aAlternative eEducation cCampus includes but is not limited to the following:
(1) 3.01 (A)	Having a specialized mission and serving a special needs or high-risk population;
(2) 3.01 (B)	Being an autonomous Public sSchool, meaning that the school provides a complete instructional program that allows students to proceed to the next grade level or to graduate;
(3) 3.01 (C)	Having an administrator who is not under the supervision of an administrator at another public school;
(4) 3.01	(D)	Having a budget separate from any other pPublic sSchool;
(5) 3.01 (E)	Having nontraditional methods of instruction delivery; and
(6)(a) 3.01 (F) (i) 	Serving students who have severe limitations that preclude appropriate administration of the assessments administered pursuant to section § 22-7-409, C.R.S.;
(b) 3.01 (F) (ii)	Serving a student population, more than ninety-five percent of whom have an individual education program pursuant to section § 22-20-108, C.R.S., except that such school shall establish a public process that will provide for accountability; or
(c) 3.01 (F) (iii)	Serving students who attend on a part-time basis and who come from other public schools where such the part-time students are counted in the enrollment of the other public school; except that the results of the assessments administered pursuant to section § 22-7-409, C.R.S., of all part-time students and High-Risk Students shall be used in calculating the academic performance and academic improvement ratings of the determining the levels of attainment on the performance indicators for the public school for which the student is counted for enrollment purposes.; or
3.01 (F) (iv)	Serving a student population in which more than ninety-five percent of the students meet the definition of a High-Risk Student.
3.02	On or before August October 1 of each year, any Public School that desires to be designated an Alternative Education Campus pursuant to § 22-7-602, C.R.S., or the Institute or the district Local sSchool bBoard for any pPublic sSchool that desires to be considered designated an aAlternative eEducation cCampus pursuant to section § 22-7-602, C.R.S., shall file with the State Board a request for designation as an aAlternative eEducation cCampus. Each request shall contain sufficient information to establish that the pPublic sSchool meets the requirements established by these rules.
3.03	On or before August 20 November 15 of each year, the State Board shall approve the designation of alternative campus as an Alternative Education Campus for any pPublic sSchool for which a request has been filed and that is found by the State Board to meet the requirements of these rules.
3.04 	If the State Board denies a request for a Public School to be designated as an Alternative Education Campus, the Public School or the Institute or Local School Board for the Public School, may resubmit the application with any facts that the Public School, Institute or Local School Board finds relevant, within ten (10) business days of the State Board’s initial determination.  On or before December 15 of each year, the State Board shall reconsider the Public School’s designation as an Alternative Education Campus and shall issue a final determination on the matter.
3.04	CATEGORY 2 – SB 04-083
Criteria that a school must meet to be designated an alternative education campus, includes but is not limited to the following:
	3.04 (A)	Serves a student population in which more than ninety-five percent of the students meet the definition of a high-risk student contained in the definition section.
	 (B)	Agrees to demonstrate initial baseline levels of and measurable annual benchmarks on:
(1)	At least one measure of student academic performance which measures the educational growth a student achieves during one year of enrollment in the school and which shall be based upon:
(a)	Academic progress of individual students or groups of students on the assessments administered pursuant to section 22-7-409, if applicable; and
(b)	Academic progress of individual students or groups of students on other standardized assessments proposed in the application and approved by the State Board.
(2)	Other measures of student academic progress that shall include one or more of the following: grade promotion; secondary school dropout rates; GED sections attempted; course or credit completion; graduation; GED completion; or other indicators proposed in the application and approved by the State Board; and
(3)	Measures of nonacademic or behavioral improvement appropriate for the purposes of each particular school, including but not limited to average daily attendance, student post-matriculation rates of enrollment, enlistment or employment, rates of stability or retention, reduced rates of suspension or other discipline, or attendance rates.
 (C)	As a condition to receiving a designation as an alternative education campus under 3.04 category 2, the State Board and the school shall agree to a date by which, if the school has not demonstrated accomplishment of the annual benchmarks agreed to in the application for designation, the school district in which such school is located shall be required to submit a School Improvement Plan pursuant to section 22-7-609.
3.05	These schools receive a School Accountability Report (SAR). In place of an “overall academic performance rating” and an “academic growth of students” rating, the words “alternative education campus” will be placed in the rating box. These schools will not be included in the comparison to nearby schools.
3.06	On or before August 1 of each year, the district school board for any public school that desires to be considered an alternative education campus pursuant to section SB04-083 shall file with the State Board a request for designation as an alternative education campus. Each request shall contain sufficient information to establish that the public school meets the requirements established by these rules.
3.07	On or before August 20 of each year the State Board shall approve the designation of alternative education campus for any public school for which a request has been filed and that is found by the State Board to meet the requirements of these rules.
3.05	The Department shall annually review the performance of each Alternative Education Campus based on the following indicators: 
	3.05 (A)	student achievement on a standardized assessment selected by the Alternative Education Campus that is aligned with the elementary and secondary education standards adopted pursuant to § 22-7-1005 and is approved in policy guidance issued by the Department;
	3.05 (B)	student longitudinal academic growth on a standardized assessment selected by the Alternative Education Campus that is aligned with the elementary and secondary education standards adopted pursuant to § 22-7-1005 and is approved in policy guidance issued by the Department;
3.05 (C) post-secondary and workforce readiness, as defined in policy guidance issued by the Department in a manner that is consistent with § 22-7-1008, C.R.S. and § 22-11-204, C.R.S., and which shall include transition success for non-degree granting institutions; and
3.05 (D) student engagement, as defined in policy guidance issued by the Department, and which may include attendance rates, truancy rates, and a measure to account for students that re-enroll after having dropped out.
3.06	To properly reflect the unique purposes of the campus and unique circumstances of and challenges posed by the students enrolled in the campus, each Alternative Education Campus shall be evaluated on each indicator by a measure and against a target defined in policy guidance issued by the Department and selected by the Alternative Education Campus.  In evaluating the performance of each Alternative Education Campus, greatest emphasis shall be placed on student academic growth and postsecondary and workforce readiness.  
3.07	Policy guidance issued by the Department shall define the relative weight to be accorded each indicator and the method by which the Department shall evaluate performance on each indicator in order to recommend the type of plan to be implemented by each Alternative Education Campus, as described in section 3.08 of these rules.  The Department’s policy guidance shall:
	3.07 (A)	provide multiple measures for assessing performance on each indicator, in order to fairly evaluate the performance of Alternative Education Campuses of different sizes and with distinctive student populations and missions;
3.07 (B) set forth methods for establishing measurable targets for each indicator that are achievable but ambitious, which methods shall be based on research, to the extent available, or, when such research is not available or adequate, calculated to enable rigorous review of school performance and future research;
3.07 (C) recognize and make appropriate use of well-established or widespread existing practices in education of at-risk students or subgroups of such students; and
3.07 (D) base measures and targets on data that will allow the Department to collect, evaluate, and, if needed, audit said data
3.07 (E) establish targets and a method for evaluating performance in a manner that recognizes progress towards attainment on each indicator;
3.07 (F) establish appropriate time lines, such that students and Alternative Education Campuses can reasonably demonstrate successful changes in student attitudes, behaviors and performance; and
3.07 (G) foster an ongoing process of evaluating and improving measures and targets used to determine the success of Alternative Education Campuses.
  3.08	No later than July 1, 2010, the Department shall promulgate policy guidance including, but not limited to, the required elements described in sections 3.05 through 3.07 of these rules.  The Department shall continue to consult with the Charter School Institute, local school districts and boards of cooperative services that oversee Alternative Education Campuses, individual Public Schools with an Alternative Education Campus designation, and other appropriate stakeholders, in finalizing such guidance.  The Department shall revise the policy guidance on an ongoing basis, based on current research and experiences in implementing the measures and targets approved and the method for determining recommendations described in section 3.07 of these rules.  
3.09	Each August, the Department shall conduct a review of the performance of each Alternative Education Campus based on the school performance evaluation framework described in 1 CCR 301-1 and the performance evaluation framework described in section 3.05 of these rules.  Following this annual review, the Department shall recommend to the Commissioner and the State Board whether the Alternative Education Campus shall adopt a performance, improvement, priority improvement, or turnaround plan, as said plans are described in §§ 22-11-403 to 22-11-406, C.R.S.  Based on the recommendations, the State Board shall notify each Alternative Education Campus and its district school board or the Charter School Institute, if the Alternative Education Campus is an Institute Charter School, of the type of plan the Alternative Education Campus shall adopt.  In adopting its plan, each Alternative Education Campus shall comply with the provisions of §§ 22-11-403 to 22-11-406, C.R.S., as applicable.
3.10	The local school board for an Alternative Education Campus or the Charter School Institute, if the Alternative Education Campus is an Institute Charter School, shall specify the accreditation category for the Alternative Education Campus in accordance with the accreditation process adopted by the district school board or the Charter School Institute pursuant to § 22-11-307, C.R.S.   
3.11	The Department shall publish on SchoolView a performance report for each Alternative Education Campus.  The performance report for an Alternative Education Campus will effectively communicate to the parents of students enrolled in the Alternative Education Campus and to the public the performance of the Alternative Education Campus and the performance of students enrolled in the Alternative Education Campus.  Said report will include the following information: 
	3.11 (A)	All information included in the school performance reports for all other public schools in the state, pursuant to § 22-11-503, C.R.S.; and
	3.11 (B)	Any additional information related to the performance of the Alternative Education Campus on the indicators described in section 3.05 of these rules, above.
3.12 	Prior to the publication of the performance reports on SchoolView, the Department shall allow each District and the Institute a reasonable period of time to review the Alternative Education Campus’ information as it will appear on the performance reports and correct any errors or misinformation identified by the District or Institute.