COLORADO STATE BOARD OF EDUCATION
Department of Education
1 COLORADO CODE OF REGULATIONS 301-56
Rules for the Administration of Colorado Online Programs

Emergency Rules 2233104.6-R-1.00 through -9.07 expired effective 11/12/03.
2233104.6-R-1.00  Statement of Basis and Purpose of Repeal.
In 2003, the State Board of Education approved the Rules for the Administration of Colorado Online Programs (1 CCR 301-56).  With the passage of SB07-215, which repealed former statute regarding online program requirements, and with the promulgation of the 2008 Rules for the Administration, Certification and Oversight of Online Programs (1 CCR 301-71), the repeal of 1 CCR 301-56 is necessary in order to comport with current statute.
2233104.6-R-1.00  Statement of Basis and Purpose.
The statutory basis for these rules, adopted on January 16, 2003 and amended as emergency rules on August 14, 2003 is found in 22-33-104.6(7), C.R.S.
Beginning in the 2002-03 budget year and for each year thereafter, for the purposes of determining school districts’ online pupil enrollment under the “Public School Finance Act of 1994,”  school districts and charter schools may count children who are enrolled in online programs created pursuant to 22-33-104.6, C.R.S. The State Board of Education has the authority to promulgate rules allowing exemptions from the requirements of paragraph (a) of subsection (4) and any other rules as may be necessary for the implementation of this section, 22-33-104.6(7), C.R.S.
1.01  The statutory basis for these rules, amended as emergency rules on August 14, 2003 and adopted as permanent rules on May 13, 2004 is found in 22-33-104.6(7), C.R.S.
1.02  The statutory basis for these rules, amended as permanent rules on November 11, 2004 is found in 22-33-104.6(7), C.R.S.
2233104.6-R-2.00  Definitions – for the purpose of these rules:
2.01  “Online program”  means an alternative online education program authorized pursuant to 22-33-104.6, C.R.S:
2.01.1  Can be created and operated by Colorado school districts, charter schools, boards of cooperative educational services (BOCES) or consortia of these institutions;
2.01.2  Are not intended to be and do not qualify as private or nonprofit schools;
2.01.3  Provide a sequential program of instruction through services accessible on the world wide web for the education of children who reside in Colorado; and
2.01.4  Have student work monitored by district and site coordinators, except that, if an online program is provided by a charter school, the site coordinator shall have sole responsibility for monitoring the online program in that charter school.
2.02  “District coordinator”  means a staff person at the school district level who shall administer and monitor the online program for the school district.
2.03  Site coordinator”  means a counselor or teacher at a public school, including but not limited to a charter school, who shall monitor the progress of students participating in the online program at that school.
2.04  Department”  means the state department of education created in 24-1-115, C.R.S.
2.05  “State Board”  means the State Board of Education created in Section 1 of Article IX of the State Constitution.
2.06  “Extracurricular activities”  means any school activities that do not provide credit toward graduation (such as football, chess club or Future Farmers of America).
2.07  “Pupil enrollment”  shall have the same meaning as provided in section 22-54-103 (8.5).
2.08  “Earning a semester grade”  means the student received a grade for at least one-half of the courses in which the student was enrolled, earning the student credit toward completion of the academic requirements of the student’s Colorado public school.
2233104.6-R-3.00  Program Criteria.
3.01  A child who is participating in an online program shall be subject to compulsory school attendance and shall be deemed to comply with the compulsory attendance requirements through participation in the online program (as stated in 4.02 of these rules).
3.02  An online program shall include regular assessment by the site coordinator as to whether a child participating in the program is progressing on a regular basis toward assigned work.
3.03  An online program shall include, but need not be limited to, education in reading, writing, mathematics, geography, history, civics, literature, and science and regular courses of instruction in the constitution of the United States as provided in section 22-1-108.
3.04  Each child participating in an online program shall be evaluated, tested, and monitored at the same intervals as other students in the grade level in the child’s school.  Each child participating in an online program shall be subject to the statewide assessments as required in section 22-7-409.
3.05  An online program shall include:
3.05.1  Mentoring services deemed necessary by the site coordinator for a child participating in the on-line program after having been expelled from a public school; and
3.05.2  A process pursuant to which the site coordinator shall notify any child who is not performing satisfactory in the online program, as determined by the school district or charter school providing the online program, and shall identify other educational alternatives available to such child.
3.05.3  The provisions of article 22-36-101 C.R.S., regarding schools of choice, shall apply to an online program.
3.05.4  The records of each child participating in an on-line program shall be maintained on a permanent basis by the school and the school district providing the online program; except that, if a charter school provides the online program, only the charter school shall be required to maintain such records.  The records shall include but need not be limited to;
3.05.4.1  Attendance data;
3.05.4.2  Test, evaluation, and statewide assessment results; and
3.05.4.3  Immunization records, as required by sections 25-4-902 and 25-4-903, C.R.S.
3.05.5  Each child participating in an online program shall reside within the state, shall meet the criteria for selection for participation in such program set by the school district or charter school providing the online program, and shall demonstrate that he or she possesses the appropriate electronic equipment and resources to participate in the program.  a school district or charter school may provide such equipment and resources to a child participating in the online program.
2233104.6-R-4.00  Funding
4.01  A school district, for the purposes of determining total program funding under the “public school finance act of 1994” , may not count a student in the school district’s on-line pupil enrollment who enrolls in or transfers to an online program within the school district, unless;
4.01.1  The student was included in a school district’s pupil enrollment or online pupil enrollment for the preceding school year; and the student substantially completed the assigned course work for the classes in which he or she was enrolled for at least one semester of the preceding school year and received a semester grade for the classes; or
4.01.2  The student, in the preceding school year, was not enrolled in any private school, did not participate in a nonpublic home-based education program, and did not participate in home instruction by a licensed or certified teacher; or
4.01.3  The student meets the exemption requirements specified in rule 5.00.
4.02  Online pupils must participate in a sufficient number of online courses to meet state school attendance requirements as provided in the rules for the Administration of The Public School Finance Act, 2254-R-5.04(3), with such courses taking place mainly in an online environment.
4.02.1  A full-time student is provided with an opportunity to receive a minimum of 360 hours of instruction per semester.
4.02.2  A part-time student is provided with an opportunity to receive a minimum of 90 hours of instruction per semester.
4.02.3  Documentation of student participation in online courses and other activities should include communications between and among teachers and students, including copies of e-mail messages and/or faxes; documented participation in online discussions and/or telephone calls; or other evidence of participation.
4.03  The online program must have a calendar that reasonably aligns with the beginning date of the school year of the school district or charter school that operates it.
4.04  Each student must have a class schedule that complies with the guidance developed by the department’s auditing unit in “online programs; required documentation.” 
4.05  A child who is participating in an online program, other than a child who is participating in the online program after having been expelled from a public school, may participate on an equal basis in any extracurricular or interscholastic activity offered by a public school or offered by a private school, at the private school’s discretion, as provided in 22-32-116.5 C.R.S.
4.06  To verify a student meets the requirements specified in these rules, an online program shall request from the school district in which the student was enrolled confirmation of the student’s enrollment and the semester grades received by the student for the classes in which the student was enrolled.  the school district in which the student was enrolled shall respond to the on-line program’s verification request within sixty days after receipt of the request.
4.07  If a student who meets these requirements, or is exempt by the state board (as defined in 5.00 of these rules), transfers after October 1 to an on-line program within the school district in which the student was included in pupil enrollment for the applicable budget year, the student shall be included in the school district’s online pupil enrollment, and the department shall reduce the per pupil funding received by the school district for the transferring student to the amount of minimum per pupil funding, as specified in section 22-54-104 (3.5)C.R.S., for the entire school year in which the student transferred.
4.08  If a student who is included in the pupil enrollment of a school district transfers to an online program within the same school district within the same school year, but does not meet these requirements and is not exempt by the state board (as defined in 5.00 of these rules), the department shall remove the student from the school district’s pupil enrollment and shall reduce the total program funding received by the school district for the entire school year in which the student transferred.
4.09  Student who is enrolled in online program courses for a majority of the student’s school day and who seeks to enroll in a traditional public school for one or more courses shall obtain permission from the online program in which the student is enrolled prior to enrolling in one or more courses at a traditional public school.  The on-line program may negotiate with the school district in which the public school is located for payment of the costs incurred as a result of the student’s participation in one or more courses at the traditional public school.
2233104.6-R-5.00  Exemptions
5.01  Exemptions from the preceding school year enrollment and semester-completion requirements may be granted;
5.01.1  For students whose parents or legal guardians remove them from school for extraordinary reasons.  Reasons may include:
5.01.1.1  The student is a teen parent and the student could not attend a Colorado public school because of a need to care for or support the child.
5.01.1.2  The student was a victim of a documented criminal act during a preceding school year.
5.01.1.3  The student has a medical condition that prevents the student from successfully attending a Colorado local public school as documented by a written professional opinion from the student’s physician, counselor, or other relevant health care provider.
5.01.2  For students who are habitually disruptive or are otherwise at risk.   Reasons may include:
5.01.2.1  The student was habitually truant, as defined in Colorado law (22-33-107 and 22-33-202 C.R.S.); or
5.01.2.2  The student was habitually disruptive, as defined in Colorado law (section 22-33-106 and 22-33-202 C.R.S.); or
5.01.2.3  The student was expelled from a Colorado public school during a preceding school year.
5.01.3  For students who did not reside in and attend a school in the state during the prior school year.
5.01.4  Procedures to be followed in allocating exemptions.
5.01.4.1  The Colorado school district, charter school, or BOCES operating an online program in which the student plans to enroll must complete and submit a department application for each exemption sought.  The parent or guardian of each student must verify that the student is enrolled or intends to enroll in the online program from which the exemption is being requested.
5.01.4.2  Completed applications must be filed with the Department’s Chief of Staff by September 15 or the next business day.
5.01.4.3  All requests for exemptions must be documented and auditable.
5.01.4.4  The Department will establish a process for approving properly documented applications.  Decisions by the Department will be final.