SB26-023 · C.R.S. § 22-33-104.3 Part-Time Programs for Homeschool Students

HSE Program Pathway Navigator

A decision tool for programs and their boards. Answer three questions — who holds the program, where it teaches, and which year — to find your authorization pathway, what it requires, and when it's due.

Sources, in order: SB26-023 (2026 School Finance Act, C.R.S. § 22-33-104.3, §§ on pp. 35–43) › CDE Part-Time Homeschool FAQ (a living page — last checked 5/27/26) › CSI Homeschool Guidance / Assurances / Expansion Application. This summarizes statutory structure; it is not legal advice.

How to use this

1

Answer three questions below — what kind of school holds the program, where it teaches, and which school year. Each answer narrows the path.

2

You'll land on one pathway with what it requires, the deadlines, and the rules behind it. Then check the baseline steps that apply to everyone.

3

The grey code tags like § (5)(b) are just citations to the statute — pointers to the source. You can ignore them unless you want to look something up.

Dotted-underlined words have a plain-language definition — hover or tap them. No prior knowledge of the bill assumed.

Key terms, in plain language

Local Education Provider (LEP)
The entity that holds the program — it counts the students and draws funding in directly. The statute names four: a school district, a district-chartered school, a CSI-chartered (institute) charter, or a BOCES.
In-boundary / out-of-boundary
Whether the program teaches inside the LEP's own home territory (in-boundary, simplest) or reaches into another district (out-of-boundary, needs extra sign-off).
October Count
Colorado's count-day snapshot (early October) of pupils enrolled, evidenced by attendance — it sets state funding. § 22-54-103(10)
Local board authorization
A written OK from the elected school board of a district the program reaches into, letting an outside program operate there. § (5)(b) / (6)(a)(II)
No-growth cap
A 2026-27-only condition: the program's October-Count-funded enrollment may not exceed its 2025-26 funded count. Measured at the count, not by total students who pass through.
MAP

Every route at a glance

A program is either in-boundary (operates inside its LEP's home district) or out-of-boundary (needs added authorization). Out-of-boundary routes differ by year.

No extra auth

Route A · § (4)

In-Boundary
  • Program teaches inside the LEP's home boundary
  • No § (5) or § (6) authorization needed
  • The § (6) "operating in 25-26" and no-growth caps do not apply
  • Go straight to program criteria + assurances
2026-27 only

Route B · § (6)

Out-of-Boundary · Transition Year
  • One CDE application form for either avenue below
  • (6)(a)(I) CDE authorization — must have operated in 25-26 + no enrollment growth
  • (6)(a)(II) Local board authorization from all districts where it teaches
  • Window: apply June 15 – Aug 14, 2026; board votes by Sept 15
  • Whole route repealed July 1, 2027 — a one-year bridge into Route C
2027-28 +

Route C · § (5)

Out-of-Boundary · Standing Rule
  • (5)(a) State Board certification — rules by Dec 31, 2026; 2-yr term, renewable
  • (5)(b) Local board written authorization from all districts; ≤ 2-yr term, renewable
RUN

Find your pathway

The LEP is the entity that holds the program — a district, a charter, or a BOCES — and it counts the students and draws funding in directly. Which of the four statutory categories it falls in (set by who chartered it) is what determines the boundary rule. A separate operator may run the program day-to-day under contract, but the LEP remains the holder.

ALL

Applies to every pathway

Whichever route authorizes the program, these baseline obligations and the funding calendar hold.

Baseline compliance — runs regardless of in- or out-of-boundary status
01

Meet program criteria

No subsidy of private purchases. No students meeting compulsory attendance via private/parochial school. Verify each family's homeschool notification.

§ 22-33-104.3(2)–(3)
02

Build for funding

Funding is a count-day snapshot (the October Count). Report an HSE student for part-time funding only if scheduled ≥ 90 hrs teacher-pupil contact that semester. One LEP per student; one HSE program per student.

§ 22-54-103(10) · 22-33-104.5(6)(a)
03

Certify assurances

Every LEP submitting homeschool-flagged students signs CDE compliance assurances — due Sept 15, 2026, before any submission, as part of the Annual Audit Review. CSI schools also certify CSI's assurances in Epicenter (leader + board chair).

CDE Part-Time Homeschool FAQ · CSI Assurances
04

Report & claim

Enter students in SIS (Home-Based Ed = 1), take attendance, submit October Count. If operated under contract, the LEP submits using the operator's records.

October Count Audit Guide

What's still unsettled

Open questions in the law itself — things the statute and current guidance don't yet answer. Worth tracking before relying on any out-of-boundary route.

  • WILL THEY?Whether a local district's board will actually grant an authorization — and on what standards. The § (5)(b) and § (6)(a)(II) routes let a board authorize an outside program, but nothing compels it; a district may be reluctant to sign off on a program competing for the same homeschool students and funding.
  • RULES TBDThe State Board certification criteria for the 2027-28 standing route (§ (5)(a)) don't exist yet — due by Dec 31, 2026. Until adopted, the quality, accountability, and reporting standards an out-of-boundary program must meet are unknown.
  • FORM PENDINGAs of the CDE FAQ (updated 5/27/26) the schedule is set — apply June 15–Aug 14, 2026 — but the actual application form and its detailed requirements were still to be posted (anticipated ~June 10, after EDAC review June 5). Confirm the form once live.
  • EITHER/OR?Whether the out-of-boundary routes are mutually exclusive — and what a denial does. § (5) and § (6)(a) each authorize a program "through one of the following," framing the routes as independent alternatives, not a single election. Nothing in the enacted text says a denial on one route forecloses the other, requires exhausting one first, or bars pursuing both — but nothing expressly permits re-applying or stacking either. Discretion also differs: in 2026-27 CDE shall provisionally authorize any program meeting the three § (6)(a)(I) criteria (ministerial — no quality-based denial), while a local board (§ (5)(b), (6)(a)(II)) and, from 2027-28, the State Board (§ (5)(a)) may authorize and are free to decline. So a program turned down on a discretionary route appears free to try another, since the statute doesn't foreclose it — but confirm any one-route limit, sequencing after a denial, and timing against the § (6) window (June 15–Aug 14) and the ~Sept 15 board vote with CDE / CSI / legal.