(1) Creation. (a) There is hereby created within the department the division of online learning. The head of the division shall be the director of online learning and shall be appointed by the commissioner of education in accordance with section 13 of article XII of the state constitution.
(b) The division of online learning and the office of the director shall exercise their powers and perform their duties and functions under the department, the commissioner of education, and the state board of education as if the same were transferred to the department by a type 2 transfer, as such transfer is defined in the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S.
(2) Purposes. The purposes of the online division are:
To support online programs and online schools, students, parents, authorizers, andother entities related to online learning by providing information and access to available data; and
To facilitate the certification of multi-district online schools in accordance with rulespromulgated by the state board pursuant to section 22-30.7-106.
(3) Duties. The online division has the following duties:
To consult with the state board in its creation of quality standards pursuant to section22-30.7-105 for use by authorizers;
To evaluate applications for certification of multi-district online schools using criteria adopted by rules promulgated by the state board pursuant to section 22-30.7-106 and to recommend that the state board grant or deny certification based upon the criteria;
(Deleted by amendment, L. 2011, (HB 11-1277), ch. 306, p. 1500, § 24, effectiveAugust 10, 2011.)
To recommend to the state board on or before September 1, 2007, a process, timeline, and standard MOU form for use by multi-district online schools and school districts in crafting memoranda of understanding pursuant to section 22-30.7-111 regarding the placement of learning centers within the boundaries of a school district. At a minimum, the standard MOU form shall include the information specified in section 22-30.7-111 (1)(b).
to (g) (Deleted by amendment, L. 2011, (HB 11-1277), ch. 306, p. 1500, § 24, effective August 10, 2011.)
Notwithstanding section 24-1-136 (11)(a)(I), to prepare a summary report to be submitted on or before June 1, 2014, and on or before June 1 every five years thereafter, to the state board and the education committees of the house of representatives and the senate, or any successor committees;
(h.5) Repealed.
To establish a process and timeline for documenting and tracking complaints concerning online programs and online schools;
To collect resources to support the implementation of quality online programs andonline schools and make the resources available to online programs and online schools upon request;
To use the final report of the Trujillo commission on online education, which reportwas released February 15, 2007, as a basis for the recommendations, criteria, standards, reporting requirements, and rules required pursuant to this subsection (3);
To annually collect and review information concerning sound financial and accounting practices and resources for each online program and online school. The information may be the same information submitted by online charter schools pursuant to section 22-30.5109 (1).
If the online division has reason to believe that an online program or online school isnot in substantial compliance with one or more of the statutory or regulatory requirements applicable to online programs and online schools, to provide notice to the online program or online school, and its authorizer, and require that the online program or online school, together with its authorizer, address a plan for coming into compliance. The plan may be included in the school plan required pursuant to section 22-11-210 (2).
To prepare an annual report of information received from online schools and theauthorizers of online schools concerning students who withdraw from enrollment after the pupil enrollment count day. The report must, at a minimum, include the date on which the student withdrew from enrollment; the grade level at which the student was enrolled at the beginning of the school year and the grade level at which the student was enrolled when the student transferred; and, to the extent known, whether the student during the same school year enrolled in another public school, a private school, or a nonpublic home-based educational program as defined in section 22-33-104.5 or graduated from or completed high school. The online division shall submit the report to the state board and the education committees of the senate and the house of representatives, or any successor committees. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report described in this subsection (3)(n) continues indefinitely.
Source: L. 2007: Entire article added, p. 1069, § 1, effective July 1. L. 2010: (3)(h) amended, (HB 10-1013), ch. 399, p. 1911, § 33, effective June 10. L. 2011: (3) amended, (HB 11-1277), ch. 306, p. 1500, § 24, effective August 10. L. 2012: (2), (3)(b), (3)(d), (3)(i), (3)(j),
(3)(l), and (3)(m) amended, (HB 12-1240), ch. 258, p. 1319, § 37, effective June 4. L. 2013: (3)(h.5) added, (SB 13-139), ch. 128, p. 430, § 2, effective August 7. L. 2017: (3)(h) and (3)(h.5) amended, (HB 17-1267), ch. 242, p. 996, § 13, effective August 9. L. 2019: IP(3) amended and (3)(n) added, (SB 19-129), ch. 89, p. 331, § 1, effective April 10.
Editor's note: Subsection (3)(h.5)(II) provided for the repeal of subsection (3)(h.5), effective June 2, 2018. (See L. 2013, p. 430.)