File:  LBDA* - Facilities Planning and Funding for District Charter Schools

NOTE: While Colorado school districts are not required by law to adopt a policy on this subject, this policy reflects legal requirements school districts must follow. This sample policy contains the content/language that CASB believes best meets the intent of the law. However, the district should consult with its own legal counsel to determine appropriate language that meets local circumstances and needs.

District charter school representatives shall be invited to participate on any long-range facilities planning committee established by the district and any committee established to assess and prioritize the district's capital construction needs.

To be considered during the facilities planning process, a district charter school shall submit a capital construction plan to the Board as provided in state law. Among other things, the capital construction plan shall include a description of the capital construction project and a statement of reasons why bond or special mill levy financing is necessary.

The Board shall prioritize the district charter school's request for financing in relation to the capital construction needs of the district, as provided in state law and inform the district charter school of its status.

If the Board includes the district charter school capital construction needs in the ballot question for approval of bonded indebtedness for the upcoming election, the charter's request shall be included in the same ballot question submitted by the district.

Alternatively, a district charter school may request that the Board submit a ballot question for approval of a special mill levy to finance capital construction for one or more district charter schools, as authorized by law. The Board has the discretion to combine the ballot question for a special mill levy with any other tax question that the school district is submitting to the electorate or to submit it as a separate question.

The Board and a charter school may agree to an alternative financial plan that addresses a charter school's facilities needs, including retiring financial obligations or bonds previously issued for the benefit of the charter school.

New district charter school needs

Any assistance provided by the school district to enable a new district charter school to meet its short- and long-term facilities needs, shall be addressed in the charter contract.

Waiver of receipt of funds

The Board shall not grant any waiver to forego receipt of any amount of capital construction funds provided to the district charter school under state or federal law.

(Adoption date)

LEGAL REFS.: C.R.S. 22-30.5-104 (charter school that is operating in a district building may purchase

the building and grounds, at the school district's discretion)

C.R.S. 22-30.5-401 et seq. (Charter School Capital Facilities Financing Act)

C.R.S. 22-43.7-107 and 108 (public school facility guidelines and state priority needs assessment for school facilities)

CROSS REFS.: FB, Facilities Planning

FD, Facilities Funding

[Revised June 2009]

COLORADO SAMPLE POLICY 2002