CO HB1295

Creates a rebuttable presumption that a local school board's decision regarding a charter school is in the best interests of students, school district, or community if based on at least one of three specified considerations: conflict with existing long-term district plans, student enrollment impacts, or school district financial considerations.

Allows appellants to overcome the presumption by demonstrating by preponderance of the evidence that the local board's decision was not based on any of the three specified considerations.

Modifies the state board of education's review standard to assess whether appellants submitted sufficient evidence to rebut the presumption, rather than independently determining if the decision was contrary to best interests.

Applies the presumption and rebuttal standard to all stages of appeal, including initial appeals and second review proceedings conducted by the state board.

Takes effect 90 days after final adjournment of the general assembly, subject to referendum petition; if challenged, the act requires approval by voters at the November 2022 general election.