HB 1428

HOUSE BILL 26-1428
BY REPRESENTATIVE(S) Sirota and Taggart, Brown, Bacon,
Boesenecker, Clifford, Goldstein, Hamrick, Lieder, Lindsay, Nguyen,
Phillips, Woodrow, McCluskie, English, Jackson, Smith;
also SENATOR(S) Bridges and Kirkmeyer, Amabile, Benavidez, Cutter,
Exum, Frizell, Jodeh, Kipp, Lindstedt, Marchman, Snyder, Wallace,
Coleman.
CONCERNING MEASURES TO IMPROVE THE ADMINISTRATION OF PUBLICLY
         FUNDED PROGRAMS AVAILABLE TO STUDENTS WHO ARE NOT
         FULL-TIME IN-PERSON STUDENTS, AND, IN CONNECTION THEREWITH,
         REQUIRING THE DEPARTMENT OF EDUCATION TO REPORT ON ONLINE
        AND     PART-TIME ENRICHMENT EDUCATIONAL PROGRAMS  AND
        AUTHORIZING AN EXTENSION OF THE DESIGNATION OF A BOARD OF
        COOPERATIVE  SER VICES      TO    ADMINISTER  THE     STA TE WIDE
        SUPPLEMENTAL ONLINE AND BLENDED LEARNING PROGRAM.
Be it enacted by the General Assembly of the State of Colorado:
       SECTION 1. In Colorado Revised Statutes, add 22-1-152 as
follows:
        22-1-152. Online education - part-time enrichment program -
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
report - definitions - repeal.
       (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
       (a)   "IN-PERSON SCHOOL" MEANS A SCHOOL WHERE STUDENTS
ATTEND IN PERSON ON THE SCHOOL CAMPUS FOR INSTRUCTION, WHICH
SCHOOL MAY ALSO OFFER ONLINE PROGRAMS OR COURSES.
       (b) "LOCAL EDUCATION PROVIDER" HAS THE MEANING SET FORTH IN
SECTION 22-7-1003.
       (c) "MULTI-DISTRICTONLINESCHOOL"HASTHEMEANINGSETFORTH
IN SECTION 22-30.7-102.
      (d) "ONLINE PROGRAM" HAS THE MEANING SET FORTH IN SECTION
22-30.7-102.
      ( e) "ONLINE SCHOOL" HAS THE MEANING SET FORTH IN SECTION
22-30.7-102.
      (f) "SINGLE-DISTRICTONLINESCHOOL"HASTHEMEANINGSETFORTH
IN SECTION 22-30.7-102.
      (g) "SUPPLEMENTAL PROGRAM" HAS THE MEANING SET FORTH IN
SECTION 22-30.7-102.
     (2) ON OR BEFORE NOVEMBER 1, 2026, THE DEPARTMENT OF
EDUCATION SHALL SUBMIT A REPORT TO THE JOINT BUDGET COMMITTEE
REGARDING SINGLE-DISTRICT AND MULTI-DISTRICT ONLINE SCHOOLS AND
PART-TIME ENRICHMENT PROGRAMS.
      (3)    THE REPORT MUST INCLUDE THE FOLLOWING INFORMATION
PERTAINING TO ONLINE SCHOOLS, ONLINE PROGRAMS, AND SUPPLEMENTAL
ONLINE COURSES OFFERED BY IN-PERSON SCHOOLS:
      (a) DESCRIPTIONS OF THE VARIOUS INSTRUCTIONAL AND FINANCIAL
MODELS THROUGH WHICH ONLINE SCHOOLS, ONLINE PROGRAMS, AND
SUPPLEMENTAL PROGRAMS ARE USED TO PROVIDE COURSE CREDIT IN K-12
PUBLIC EDUCATION, INCLUDING FULL-TIME ENROLLMENT, PART-TIME
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ENROLLMENT,     SUPPLEMENTAL       COURSEWORK,    AND   CONCURRENT
ENROLLMENT;
      (b)    DATA ON THE NUMBER OF STUDENTS AND PERCENTAGE OF
STUDENTS RECEIVING ONLINE INSTRUCTION THROUGH ONLINE SCHOOLS,
ONLINE PROGRAMS, AND SUPPLEMENTAL PROGRAMS OFFERED BY IN-PERSON
SCHOOLS;
      (c)      COMMON     COURSE    DELIVERY    METHODS,   INCLUDING
SYNCHRONOUS AND ASYNCHRONOUS INSTRUCTION;
      (d) COMMON CONTRACTUAL AND OTHER FINANCIAL ARRANGEMENTS
THROUGH WHICH COURSES ARE DELIVERED;
      (e)    THE ACADEMIC QUALITY OF ONLINE PROGRAMS AND THE
ACADEMIC PERFORMANCE OF STUDENTS ENROLLED IN ONLINE SCHOOLS,
ONLINE PROGRAMS, AND SUPPLEMENTAL PROGRAMS, IN COMPARISON TO
OTHER PUBLIC SCHOOL STUDENTS, TO THE EXTENT DATA IS AVAILABLE. THIS
MAY INCLUDE ANALYSIS OF DATA RELATED TO:
      (I) STUDENT PARTICIPATION IN STATE ASSESSMENTS, INCLUDING THE
NUMBER AND PERCENTAGE OF STUDENTS ENROLLED IN ONLINE SCHOOLS OR
ONLINE PROGRAMS WHO OPT OUT OF STATE ASSESSMENTS, AS PERMITTED
UNDER STATE LAW;
      (II) STATE ACCOUNTABILITY METRICS;
      (III) STUDENT PERSISTENCE;
      (IV)      STUDENT    POSTSECONDARY       OUTCOMES,   SUCH   AS
MATRICULATION TO FOUR-YEAR INSTITUTIONS OR OTHER POSTSECONDARY
PATHWAYS; AND
      (V) SUPPLEMENTAL DATA, SUCH AS STUDENT-TO-TEACHER RATIOS
IN ONLINE SCHOOLS, ONLINE PROGRAMS, AND SUPPLEMENTAL PROGRAMS;
      (f) OPTIONS AND RECOMMENDATIONS FOR COLLECTING ADDITIONAL
DATA ON A TEMPORARY OR ONGOING BASIS TO ENHANCE LOCAL EDUCATION
PROVIDER, COMMUNITY, AND STATE BOARD OF EDUCATION VISIBILITY AND
OVERSIGHT OF ONLINE SCHOOL AND ONLINE PROGRAM QUALITY;
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      (g) A FISCAL ANALYSIS COMPARING STATE PAYMENT FOR ONLINE
SCHOOLS, ONLINE PROGRAMS, AND SUPPLEMENTAL PROGRAMS AGAINST
ACTUAL COSTS     INCURRED.   THE   REPORT   MAY   INDICATE    WHETHER
EXPENDITURES VARY SIGNIFICANTLY FOR DIFFERENT TYPES OF PROGRAMS.
      (h) OPTIONS AND RECOMMENDATIONS FOR:
      (I) OVERSIGHT STRUCTURES FOR ONLINE PROGRAMS THATTAKE INTO
ACCOUNT THE OPERATIONAL REALITIES OF ONLINE EDUCATION WHILE
SUPPORTING HIGH-QUALITY OUTCOMES FOR STUDENTS; AND
      (II)   FUNDING CHANGES NECESSARY TO ADDRESS SIGNIFICANT
DISPARITIES BETWEEN PROGRAM EXPENDITURES AND PER PUPIL STATE
PAYMENTS FOR ONLINE SCHOOLS, ONLINE PROGRAMS, AND SUPPLEMENTAL
PROGRAMS TO ENSURE APPROPRIATE USE OF PUBLIC RESOURCES.
      (4) (a) To PROVIDE ADDITIONAL INFORMATION ON THE QUALITY OF
ONLINE PROGRAMS AND ONLINE SCHOOLS, LOCAL EDUCATION PROVIDERS
MAY SUBMIT SUPPLEMENTAL MATERIALS ABOUT ONLINE PROGRAMS AND
ONLINE SCHOOLS THAT INCLUDE, BUT ARE NOT LIMITED TO:
      (I)  INDIVIDUAL    STUDENT    ACADEMIC      GROWTH     MEASURED
YEAR-OVER-YEAR;
      (II) INDIVIDUAL STUDENT PROGRESS TOWARD GRADUATION EACH
ACADEMIC YEAR;
      (III) SCHOOL LEVEL PROGRAMS FOCUSED ON ONBOARDING, STUDENT
SUPPORT, AND LEARNER ENGAGEMENT;
      (IV) HIGH SCHOOL PROGRAMMING DESIGNED TO EQUIP STUDENTS
FOR EMPLOYMENT, MILITARY ENLISTMENT, OR HIGHER EDUCATION; AND
      (V) ALIGNMENT OF PROGRAM OFFERINGS TO NATIONAL STANDARDS
IN ONLINE LEARNING, SUCH AS NATIONAL STANDARDS FOR QUALITY ONLINE
PROGRAMS.
      (b) TO PROVIDE ADDITIONAL INFORMATION ON THE COST OF ONLINE
PROGRAMS AND ONLINE SCHOOLS, LOCAL EDUCATION PROVIDERS MAY
SUBMIT ANALYSIS OF EXPENDITURES UNIQUE TO ONLINE SCHOOLS AND
PAGE 4-HOUSE BILL 26-1428
ONLINE PROGRAMS AND AN ANALYSIS OF THE AMOUNT OF OVERALL FUNDING
RECEIVED ON A PER PUPIL BASIS FOR THE STUDENTS ENROLLED IN ONLINE
SCHOOLS AND ONLINE PROGRAMS COMPARED TO THE AMOUNT OF OVERALL
FUNDING, INCLUDING, WITHOUT EXCEPTION, LOCAL, STATE, AND FEDERAL
FUNDING; CATEGORICAL FUNDING; AND WEIGHTED FUNDING RECEIVED ON
A PER-PUPIL BASIS FOR STUDENTS ENROLLED IN TRADITIONAL PUBLIC
SCHOOLS.
        (c) TO PROVIDE ADDITIONAL INFORMATION ON THE ENROLLMENT OF
ONLINE PROGRAMS AND ONLINE SCHOOLS, LOCAL EDUCATION PROVIDERS
MAY SUBMIT INFORMATION PURSUANT TO THIS SECTION DISAGGREGATED BY
OVERALL       ENROLLMENT,   ECONOMICALLY    DISADVANTAGED   STATUS,
ACADEMIC STANDING AT ENROLLMENT, UNDER-CREDITED STATUS AT
ENROLLMENT, MOBILITY, AND REASON FOR ENROLLMENT.
        (5) CONCERNING PART-TIME ENRICHMENT PROGRAMS, THE REPORT
MUST:
        (a)   DESCRIBE AND CATEGORIZE VARIOUS TYPES OF PART-TIME
ENRICHMENT PROGRAMS AND MODES OF DELIVERY AND INDICATE WHICH
TYPES OF PROGRAMS ARE MOST PREY ALENT;
        (b)    ADDRESS TO WHAT EXTENT THESE PROGRAMS ARE FOR
ACTIVITIES THAT ARE PROVIDED FOR FULL-TIME STUDENTS VERSUS
ACTIVITIES THAT ARE PROVIDED SEPARATELY FOR PART-TIME ENRICHMENT
STUDENTS;
        (c) ADDRESS TO WHAT EXTENT THESE ACTIVITIES ARE ALIGNED TO
SUBJECTS IN WHICH STATE STAND ARDS EXIST;
        (d)   COMPARE FUNDED SEAT-TIME TO ACTUAL SEAT-TIME. IF THE
DEADLINE TO SUBMIT THE REPORT DOES NOT ALLOW FOR ADEQUATE TIME TO
ADDRESS THE SEAT-TIME COMPARISON IN THE REPORT, THE REPORT MUST
IN CORPORATE REASONABLE ESTIMATES AND IDENTIFY OPTIONS FOR
IMPROVING DATA QUALITY.
        (e) INCLUDE OPTIONS AND RECOMMENDATIONS FOR CURTAILING
PROGRAM COSTS AND IMPROVING PROGRAM OVERSIGHT TO ENSURE
APPROPRIATE USE OF PUBLIC RESOURCES; AND
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      (f) ADDRESS WHETHER THE SAME PROGRAMS ARE ALSO AVAILABLE
FREE OF COST TO THE SCHOOL'S FULL-TIME STUDENTS WHO ARE SERVED ON
CAMPUS.
      (6) TO ASSIST IN EVALUATING THE IMPACT OF THE STATEWIDE
SUPPLEMENTAL ONLINE AND BLENDED LEARNING PROGRAM CREATED IN
SECTION 22-5-119, THE DEPARTMENT OF EDUCATION SHALL USE DATA
COLLECTED PURSUANT TO SECTION 22-5-119 (4 )( c ).
      (7) (a) THE DEPARTMENT OF EDUCATION MAY ACCESS DATA IT
ALREADY COLLECTS AND COLLECT ADDITIONAL DATA IT DEEMS NECESSARY
TO SATISFY THE REPORTING REQUIREMENTS OF THIS SECTION.
      (b)    LOCAL EDUCATION PROVIDERS SHALL PROVIDE ACCURATE
SURVEY RESPONSES, CONTRACTS, AND OTHER FINANCIAL DOCUMENTATION
RELATED TO ONLINE EDUCATION AND PART-TIME ENRICHMENT PROGRAMS
REQUESTED BY THE DEPARTMENT OF EDUCATION PURSUANT TO THIS
SECTION.
      (8) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2027.
       SECTION 2. In Colorado Revised Statutes, 22-5-119, add (4)(c)
and (12) as follows:
      22-5-119. Statewide supplemental online and blended learning
program - contract - legislative declaration - definitions - repeal.
      (4) (c) (I) NOTWITHSTANDING SUBSECTION (4)(a) OF THIS SECTION,
THE   DEPARTMENT    MAY    EXTEND    THE   AUTHORIZATION      FOR   THE
ADMINISTERING BOCES THAT IS ADMINISTERING THE PROGRAM ON THE
EFFECTIVE DATE OF THIS SECTION FOR UP TO TWO ADDITIONAL YEARS PRIOR
TO INITIATING A NEW FIVE-YEAR DESIGNATION.
      (II) THIS SUBSECTION ( 4)( c) IS REPEALED, EFFECTIVE JULY 1, 2028.
      (12)   TO ASSIST THE STATE IN EVALUATING THE IMPACT AND
OUTCOMES OF THE STATEWIDE SUPPLEMENTAL ONLINE AND BLENDED
LEARNING PROGRAM, AT THE DEPARTMENT'S REQUEST, LOCAL EDUCATION
PROVIDERS SHALL PROVIDE STUDENT IDENTIFICATION NUMBERS AND OTHER
STUDENT-LEVEL DATA FOR STUDENTS PARTICIPATING IN THE STATEWIDE
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SUPPLEMENTAL ONLINE AND BLENDED LEARNING PROGRAM TO THE
DEPARTMENT AND THE ADMINISTERING BOCES.
        SECTION 3. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions.
Ju~  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
Vanessa Reilly
                  fkry  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
                  Jared S. Polis
                  GOVERNOR OF THE STATE OF COLORADO
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