Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0841.01 Jacob Baus x2173
HOUSE BILL 22-1186
House Committees Senate Committees
Appropriations
A BILL FOR AN ACT
C
ONCERNING ADJUSTMENTS TO SCHOOL FUNDING FOR THE 2021-22101
BUDGET YEAR, AND, IN CONNECTION THEREWITH , MAKING AND102
REDUCING AN APPROPRIATION .103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/
.)
Joint Budget Committee. The general assembly recognizes that
the actual funded pupil count and the at-risk pupil count for the 2021-22
budget year are lower than expected when the appropriation amount for
the state share of total program funding was established during the 2021
legislative session, resulting in a decrease in total program funding for the
HOUSE SPONSORSHIP
Herod and McCluskie, Ransom
SENATE SPONSORSHIP
Hansen and Moreno, Rankin
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. 2021-22 budget year.
In addition, local property tax revenue and specific ownership tax
revenue are higher than anticipated, resulting in an increase in the local
share of total program funding.
The bill declares the general assembly's intent to maintain total
program funding after application of the budget stabilization factor at the
amount of the original appropriation for the 2021-22 budget year.
The bill appropriates $91,433,760 in cash funds from the state
education fund to distribute to school districts and institute charter
schools that received lower than anticipated funding for at-risk pupils for
the 2021-22 budget year. The appropriation is additional funding and
does not affect a district's or institute charter school's total program.
The bill decreases the appropriation for the state share of total
program funding by $139,565,749 in cash funds from the state education
fund and adjusts the 2021-22 state fiscal year long bill accordingly.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) The actual funded pupil count and at-risk pupil count for the4
2021-22 budget year are lower than anticipated when the appropriation5
was established in the 2021 legislative session for total program funding6
for the 2021-22 budget year. As a result, total program funding, before7
application of the budget stabilization factor, is $67,976,234 lower than8
anticipated when appropriations were established for the 2021 legislative9
session.10
(b) Based on actual local property tax revenue and specific11
ownership tax revenue available to school districts for the 2021-22 budget12
year, the local share of total program funding is $139,565,749 higher than13
anticipated when appropriations were established in the 2021 legislative14
session; and15
(c) It is the general assembly's intent to maintain total program16
funding after the application of the budget stabilization factor at the dollar17
HB22-1186-2- amount of the original appropriation for the 2021-22 budget year.1
(2) In addition, the general assembly finds it necessary to2
distribute additional funding to school districts and institute charter3
schools for at-risk pupils due to the reduced identification of at-risk pupils4
resulting from the availability of universal free school meals.5
SECTION 2. In Colorado Revised Statutes, 22-54-104, amend6
(5)(g)(I)(L) as follows:7
22-54-104. District total program - definitions. (5) For8
purposes of the formulas used in this section:9
(g) (I) For the 2010-11 budget year and each budget year10
thereafter, the general assembly determines that stabilization of the state11
budget requires a reduction in the amount of the annual appropriation to12
fund the state's share of total program funding for all districts and the13
funding for institute charter schools. The department of education shall14
implement the reduction in total program funding through the application15
of a budget stabilization factor as provided in this subsection (5)(g)(I).16
For the 2010-11 budget year and each budget year thereafter, the17
department of education and the staff of the legislative council shall18
determine, based on budget projections, the amount of such reduction to19
ensure the following:20
(L) That, for the 2021-22 budget year, the sum of the total21
program funding for all districts, including the funding for institute22
charter schools, after application of the budget stabilization factor, is not23
less than seven billion nine hundred eighty-eight million five hundred24
twenty-seven thousand seven hundred eleven dollars ($7,988,527,711)25
SEVEN BILLION NINE HUNDRED EIGHTY -EIGHT MILLION SIX HUNDRED26
SEVENTY-FIVE THOUSAND FOUR HUNDRED THIRTY -FOUR DOLLARS27
HB22-1186
-3- ($7,988,675,434); except that the department of education and the staff1
of the legislative council shall make mid-year revisions to replace2
projections with actual figures, including but not limited to actual pupil3
enrollment, assessed valuations, and specific ownership tax revenue from4
the prior year, to determine any necessary changes in the amount of the5
reduction to maintain a total program funding amount for the applicable6
budget year that is consistent with this subsection (5)(g)(I)(L). For the7
2022-23 budget year, the difference between calculated statewide total8
program funding and actual statewide total program funding must not9
exceed the difference between calculated statewide total program funding10
and actual statewide total program funding for the 2021-22 budget year.11
SECTION 3. In Colorado Revised Statutes, add 22-54-144 as12
follows:13
22-54-144. Additional at-risk funding - 2021-22 budget year14
- legislative declaration - definition - repeal. (1) A
S USED IN THIS15
SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :16
(a) "D
IRECT CERTIFIED PUPILS" MEANS PUPILS WHO ARE CERTIFIED17
AS ELIGIBLE FOR FREE MEALS BASED ON DOCUMENTATION OF BENEFIT18
RECEIPT OR CATEGORICAL ELIGIBILITY AS DESCRIBED IN 7 CFR 245.6, OR19
SUCCESSOR REGULATIONS.20
(b) "R
ECALCULATED TOTAL PROGRAM FUNDING " MEANS TOTAL21
PROGRAM AFTER APPLICATION OF THE BUDGET STABILIZATION FACTOR FOR22
A DISTRICT OR FOR INSTITUTE CHARTER SCHOOLS FOR THE 2021-2223
BUDGET YEAR RECALCULATED USING THE DISTRICT 'S OR INSTITUTE24
CHARTER SCHOOLS' PERCENTAGE OF DIRECT CERTIFIED PUPILS FOR THE25
2019-20
BUDGET YEAR, AND USING THE DISTRICT'S OR INSTITUTE CHARTER26
SCHOOLS' RATIO OF FREE -LUNCH-ELIGIBLE PUPILS TO27
HB22-1186
-4- REDUCED-PRICE-LUNCH-ELIGIBLE PUPILS FOR THE 2019-20 BUDGET YEAR.1
(2) T
HE DEPARTMENT SHALL DISTRIBUTE ADDITIONAL FUNDING TO2
DISTRICTS AND INSTITUTE CHARTER SCHOOLS TO OFFSET REDUCTIONS IN3
THE AMOUNT OF TOTAL PROGRAM FUNDING AFTER APPLICATION OF THE4
BUDGET STABILIZATION FACTOR CALCULATED FOR THE 2021-22 BUDGET5
YEAR AS A RESULT OF A DECREASE IN THE NUMBER OF APPLICATIONS6
SUBMITTED DURING THE 2021-22 BUDGET YEAR TO PARTICIPATE IN THE7
FEDERAL SCHOOL LUNCH PROGRAM CREATED IN THE "RICHARD B.8
R
USSELL NATIONAL SCHOOL LUNCH ACT", 42 U.S.C. SEC. 1751 ET SEQ.9
T
HE DEPARTMENT SHALL CALCULATE THE DISTRIBUTION AMOUNT FOR10
EACH DISTRICT AND FOR THE INSTITUTE CHARTER SCHOOLS BASED ON THE11
DIFFERENCE BETWEEN THE AMOUNT OF TOTAL PROGRAM FUNDING AFTER12
APPLICATION OF THE BUDGET STABILIZATION FACTOR THAT WAS13
ACTUALLY CALCULATED FOR THE DISTRICT OR INSTITUTE CHARTER14
SCHOOLS FOR THE 2021-22 BUDGET YEAR AND THE AMOUNT OF THE15
DISTRICT'S OR INSTITUTE CHARTER SCHOOLS ' RECALCULATED TOTAL16
PROGRAM FUNDING, AS DETERMINED BY THE DEPARTMENT . A DISTRICT IS,17
OR THE INSTITUTE CHARTER SCHOOLS ARE , ELIGIBLE TO RECEIVE A18
DISTRIBUTION PURSUANT TO THIS SECTION ONLY IF THE DISTRICT 'S OR19
INSTITUTE CHARTER SCHOOLS' RECALCULATED TOTAL PROGRAM FUNDING20
IS GREATER THAN THE AMOUNT OF TOTAL PROGRAM FUNDING AFTER21
APPLICATION OF THE BUDGET STABILIZATION FACTOR CALCULATED FOR22
THE DISTRICT OR INSTITUTE CHARTER SCHOOLS FOR THE 2021-22 BUDGET23
YEAR.24
(3) A
NY DISTRIBUTION MADE PURSUANT TO THIS SECTION IS25
ADDITIONAL FUNDING AND DOES NOT AFFECT A DISTRICT 'S OR INSTITUTE26
CHARTER SCHOOL'S TOTAL PROGRAM FOR THE 2021-22 BUDGET YEAR.27
HB22-1186
-5- (4) (a) EACH DISTRICT THAT AUTHORIZES A CHARTER SCHOOL1
SHALL DISTRIBUTE TO THE CHARTER SCHOOL ONE HUNDRED PERCENT OF2
THE DISTRICT CHARTER SCHOOL'S PER-PUPIL SHARE OF THE DISTRIBUTION3
RECEIVED BY THE DISTRICT PURSUANT TO THIS SECTION . A DISTRICT4
CHARTER SCHOOL'S DISTRIBUTION IS DETERMINED BY DIVIDING THE5
AMOUNT OF THE DISTRIBUTION RECEIVED BY THE DISTRICT PURSUANT TO6
THIS SECTION BY THE DISTRICT'S AT-RISK PUPIL COUNT FOR THE 2021-227
BUDGET YEAR AND THEN MULTIPLYING THAT AMOUNT BY THE DISTRICT8
CHARTER SCHOOL'S AT-RISK PUPIL COUNT FOR THE 2021-22 BUDGET YEAR.9
(b) T
HE DEPARTMENT SHALL DISTRIBUTE THE TOTAL AMOUNT10
CALCULATED FOR INSTITUTE CHARTER SCHOOLS PURSUANT TO THIS11
SECTION TO THE STATE CHARTER SCHOOL INSTITUTE , WHICH SHALL12
DISTRIBUTE TO EACH INSTITUTE CHARTER SCHOOL ONE HUNDRED PERCENT13
OF THE AMOUNT CALCULATED FOR THE INSTITUTE CHARTER SCHOOL14
PURSUANT TO THIS SECTION.15
(5) T
HE GENERAL ASSEMBLY SHALL APPROPRIATE FOR THE16
2021-22
BUDGET YEAR THE AMOUNT NECESSARY TO FUND THE17
DISTRIBUTIONS TO DISTRICTS AND INSTITUTE CHARTER SCHOOLS18
DESCRIBED IN THIS SECTION.19
(6) T
HE GENERAL ASSEMBLY DECLARES THAT , FOR PURPOSES OF20
SECTION 17 OF ARTICLE IX OF THE STATE CONSTITUTION, DISTRIBUTING21
ADDITIONAL FUNDING TO SCHOOL DISTRICTS AND INSTITUTE CHARTER22
SCHOOLS FOR AT-RISK PUPILS DUE TO REDUCED IDENTIFICATION OF23
AT-RISK PUPILS RESULTING FROM THE AVAILABILITY OF UNIVERSAL FREE24
SCHOOL MEALS IS AN IMPORTANT ELEMENT IN IMPLEMENTING25
ACCOUNTABLE PROGRAMS TO MEET STATE ACADEMIC STANDARDS , AND26
SCHOOL DISTRICTS AND INSTITUTE CHARTER SCHOOLS MAY THEREFORE27
HB22-1186
-6- RECEIVE FUNDING FROM THE STATE EDUCATION F UND CREATED IN SECTION1
17
(4) OF ARTICLE IX OF THE STATE CONSTITUTION.2
(7) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2023.3
HB22-1186
-7- APPROPRIATION FROM
ITEM &
SUBTOTAL
TOTAL GENERAL
FUND
GENERAL
FUND
EXEMPT
CASH
FUNDS
REAPPROPRIATED
FUNDS
FEDERAL
FUNDS
$$$$$ $ $
SECTION 4. Appropriation to the department of education for the fiscal year beginning July 1, 2021. In Session Laws of Colorado 2021, section 2 of chapter 504, (SB 1
21-205), amend Part III (2)(A) and footnote 7, as Part III (2)(A) footnote 7 is amended by Section 34 of chapter 222, (SB 21-268), as follows : 2
Section 2. Appropriation. 3
PART III 4
DEPARTMENT OF EDUCATION 5
6
(2) ASSISTANCE TO PUBLIC SCHOOLS 7
(A) Public School Finance 8
Administration 9 1,879,526 1,792,031 87,495
a
10(16.5 FTE) (0.9 FTE)
Financial Transparency 11
System Maintenance 12 88,120 88,120
a
13(1.0 FTE)
School Finance Audit 14
Payments 15 600,000 600,000
b
HB22-1186
-8- APPROPRIATION FROM
ITEM &
SUBTOTAL
TOTAL GENERAL
FUND
GENERAL
FUND
EXEMPT
CASH
FUNDS
REAPPROPRIATED
FUNDS
FEDERAL
FUNDS
$$$$$ $ $
State Share of Districts' 1
Total Program Funding
6,7
2 4,342,793,552
2,696,820,934 865,284,199
c
780,688,419
d
3 4,203,227,803 641,122,670
d
District Per Pupil 4
Reimbursements for 5
Juveniles Held in Jail 6 10,000 10,000
e
At-risk Supplemental Aid 7 4,844,358 4,844,358
f
At-risk Per Pupil 8
Additional Funding 9 5,000,000 5,000,000
f
Additional Funding for 10
Rural Districts and Institute 11
Charter Schools 12 30,000,000 30,000,000
g
13 4,385,215,556
14 4,245,649,807
15
HB22-1186
-9- APPROPRIATION FROM
ITEM &
SUBTOTAL
TOTAL GENERAL
FUND
GENERAL
FUND
EXEMPT
CASH
FUNDS
REAPPROPRIATED
FUNDS
FEDERAL
FUNDS
$$$$$ $ $
a
These amounts shall be from the State Education Fund created in Section 17 (4)(a) of Article IX of the State Constitution. Pur suant to Section 17 (3) of Article IX of the State 1
Constitution, appropriations from the State Education Fund are not subject to the limitation on fiscal year spending set forth in Section 20 of Article X of the State Constitution. 2
b
This amount shall be from the State Public School Fund created in Section 22-54-114 (1), C.R.S. 3
c
This amount shall be from the General Fund Exempt Account created in Section 24-77-103.6 (2), C.R.S. 4
d
Of this amount, $587,390,325
$447,824,576 shall be from the State Education Fund created in Section 17 (4)(a) of Article IX of the State Constitution and $ 193,298,094 shall be from 5
the State Public School Fund created in Section 22-54-114 (1), C.R.S. Pursuant to Section 17 (3) of Article IX of the State Con stitution, appropriations from the State Education Fund 6
are not subject to the limitation on fiscal year spending set forth in Section 20 of Article X of the State Constitution. Of th e amount appropriated from the State Public School Fund, 7
$154,290,341 is estimated to be from State Public School Fund reserves, $30,360,235 is estimated to be from federal mineral leasing revenues transferred to the State Public School 8
Fund pursuant to Sections 22-54-114 (1) and 34-63-102, C.R.S., and $8,647,518 is estimated to be from interest and income earne d on the investment of money in the Public School 9
Fund that is credited to the State Public School Fund pursuant to Section 22-41-102 (3)(f), C.R.S. 10
e
These amounts shall be from the State Education Fund created in Section 17 (4)(a) of Article IX of the State Constitution. Pur suant to Section 17 (3) of Article IX of the State 11
Constitution, appropriations from the State Education Fund are not subject to the limitation on fiscal year spending set forth in Section 20 of Article X of the State Constitution. 12
f These amounts shall be from the State Public School Fund created in Section 22-54-114 (1), C.R.S., from interest and income ea rned on the investment of money in the Public School 13
Fund that is credited to the State Public School Fund pursuant to Section 22-41-102 (3)(g), C.R.S. 14
g
This amount shall be from the Rural Schools Cash Fund created in Section 22-54-142 (5), C.R.S. 15
HB22-1186
-10- APPROPRIATION FROM
ITEM &
SUBTOTAL
TOTAL GENERAL
FUND
GENERAL
FUND
EXEMPT
CASH
FUNDS
REAPPROPRIATED
FUNDS
FEDERAL
FUNDS
$$$$$ $ $
1
TOTALS PART III 2
(EDUCATION) 3 $5,847,545,486
$2,921,618,823 $865,284,199
a
$1,401,687,125
$38,200,295
b
$620,755,044
c
4 $5,707,979,737 $1,262,121,376
5
a
This amount shall be from the General Fund Exempt Account created in Section 24-77-103.6 (2), C.R.S. 6
b
Of this amount, $20,100,000 contains an (I) notation. 7
c
This amount contains an (I) notation. 8
FOOTNOTES -- The following statements are referenced to the numbered footnotes throughout section 2. 9
10
7 Department of Education, Assistance to Public Schools, Public School Finance, State Share of Districts' Total Program Funding -- Pursuant to Section 11
22-35-108 (2)(a), C.R.S., the purpose of this footnote is to specify what portion of this appropriation is intended to be avail able for the Accelerating Students 12
Through Concurrent Enrollment (ASCENT) Program for FY 2021-22. It is the General Assembly's intent that the Department of Education be authorized to 13
utilize up to $4,065,000
$4,097,500 of this appropriation to fund qualified students designated as ASCENT Program participants. This amount is calculat ed 14
based on an estimated 500 FTE participants funded at a rate of $8,130
$8,195 per FTE pursuant to Section 22-54-104 (4.7), C.R.S. 15
HB22-1186
-11- SECTION 5. Appropriation. For the 2021-22 state fiscal year,1
$91,433,760 is appropriated to the department of education. This2
appropriation is from the state education fund created in section 17 (4)(a)3
of article IX of the state constitution. To implement this act, the4
department may use this appropriation for additional funding provided5
pursuant to section 22-54-144 (2), C.R.S.6
SECTION 6. Safety clause. The general assembly hereby finds,7
determines, and declares that this act is necessary for the immediate8
preservation of the public peace, health, or safety.9
HB22-1186-12-