HOUSE BILL 22-1186
BY REPRESENTATIVE(S) Herod and McCluskie, Ransom, Amabile, Bacon,
Bernett, Bird, Boesenecker, Caraveo, Cutter, Duran, Esgar, Exum, Froelich, Gray,
Hooton, Jodeh, Kennedy, Kipp, Lindsay, Lontine, McCormick, McLachlan,
Michaelson Jenet, Mullica, Ortiz, Ricks, Sirota, Snyder, Titone, Valdez A.,
Weissman, Woodrow, Young, Garnett, Sandridge;
also SENATOR(S) Hansen and Moreno, Rankin, Bridges, Buckner, Fenberg,
Fields, Ginal, Gonzales, Jaquez Lewis, Kirkmeyer, Kolker, Lee, Pettersen, Priola,
Simpson, Sonnenberg, Story, Winter, Woodward, Zenzinger
.
C
ONCERNING ADJUSTMENTS TO SCHOOL FUNDING FOR THE 2021-22 BUDGET
YEAR
, AND, IN CONNECTION THEREWITH, MAKING AND REDUCING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) The actual funded pupil count and at-risk pupil count for the
2021-22 budget year are lower than anticipated when the appropriation was
established in the 2021 legislative session for total program funding for the
2021-22 budget year. As a result, total program funding, before application
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. of the budget stabilization factor, is $67,976,234 lower than anticipated
when appropriations were established for the 2021 legislative session.
(b) Based on actual local property tax revenue and specific
ownership tax revenue available to school districts for the 2021-22 budget
year, the local share of total program funding is $139,565,749 higher than
anticipated when appropriations were established in the 2021 legislative
session; and
(c) It is the general assembly's intent to maintain total program
funding after the application of the budget stabilization factor at the dollar
amount of the original appropriation for the 2021-22 budget year.
(2) In addition, the general assembly finds it necessary to distribute
additional funding to school districts and institute charter schools for at-risk
pupils due to the reduced identification of at-risk pupils resulting from the
availability of universal free school meals.
SECTION 2. In Colorado Revised Statutes, 22-54-104, amend
(5)(g)(I)(L) as follows:
22-54-104. District total program - definitions. (5) For purposes
of the formulas used in this section:
(g) (I) For the 2010-11 budget year and each budget year thereafter,
the general assembly determines that stabilization of the state budget
requires a reduction in the amount of the annual appropriation to fund the
state's share of total program funding for all districts and the funding for
institute charter schools. The department of education shall implement the
reduction in total program funding through the application of a budget
stabilization factor as provided in this subsection (5)(g)(I). For the 2010-11
budget year and each budget year thereafter, the department of education
and the staff of the legislative council shall determine, based on budget
projections, the amount of such reduction to ensure the following:
(L) That, for the 2021-22 budget year, the sum of the total program
funding for all districts, including the funding for institute charter schools,
after application of the budget stabilization factor, is not less than seven
billion nine hundred eighty-eight million five hundred twenty-seven
thousand seven hundred eleven dollars ($7,988,527,711) SEVEN BILLION
PAGE 2-HOUSE BILL 22-1186 NINE HUNDRED EIGHTY -EIGHT MILLION SIX HUNDRED SEVENTY -FIVE
THOUSAND FOUR HUNDRED THIRTY
-FOUR DOLLARS ($7,988,675,434); except
that the department of education and the staff of the legislative council shall
make mid-year revisions to replace projections with actual figures,
including but not limited to actual pupil enrollment, assessed valuations,
and specific ownership tax revenue from the prior year, to determine any
necessary changes in the amount of the reduction to maintain a total
program funding amount for the applicable budget year that is consistent
with this subsection (5)(g)(I)(L). For the 2022-23 budget year, the
difference between calculated statewide total program funding and actual
statewide total program funding must not exceed the difference between
calculated statewide total program funding and actual statewide total
program funding for the 2021-22 budget year.
SECTION 3. In Colorado Revised Statutes, add 22-54-144 as
follows:
22-54-144. Additional at-risk funding - 2021-22 budget year -
legislative declaration - definition - repeal. (1) A
S USED IN THIS SECTION,
UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "D
IRECT CERTIFIED PUPILS" MEANS PUPILS WHO ARE CERTIFIED
AS ELIGIBLE FOR FREE MEALS BASED ON DOCUMENTATION OF BENEFIT
RECEIPT OR CATEGORICAL ELIGIBILITY AS DESCRIBED IN
7 CFR 245.6, OR
SUCCESSOR REGULATIONS
.
(b) "R
ECALCULATED TOTAL PROGRAM FUNDING " MEANS TOTAL
PROGRAM AFTER APPLICATION OF THE BUDGET STABILIZATION FACTOR FOR
A DISTRICT OR FOR INSTITUTE CHARTER SCHOOLS FOR THE
2021-22 BUDGET
YEAR RECALCULATED USING THE DISTRICT
'S OR INSTITUTE CHARTER
SCHOOLS
' PERCENTAGE OF DIRECT CERTIFIED PUPILS FOR THE 2019-20
BUDGET YEAR, AND USING THE DISTRICT'S OR INSTITUTE CHARTER SCHOOLS'
RATIO OF FREE-LUNCH-ELIGIBLE PUPILS TO REDUCED-PRICE-LUNCH-ELIGIBLE
PUPILS FOR THE
2019-20 BUDGET YEAR.
(2) T
HE DEPARTMENT SHALL DISTRIBUTE ADDITIONAL FUNDING TO
DISTRICTS AND INSTITUTE CHARTER SCHOOLS TO OFFSET REDUCTIONS IN THE
AMOUNT OF TOTAL PROGRAM FUNDING AFTER APPLICATION OF THE BUDGET
STABILIZATION FACTOR CALCULATED FOR THE
2021-22 BUDGET YEAR AS A
RESULT OF A DECREASE IN THE NUMBER OF APPLICATIONS SUBMITTED
PAGE 3-HOUSE BILL 22-1186 DURING THE 2021-22 BUDGET YEAR TO PARTICIPATE IN THE FEDERAL
SCHOOL LUNCH PROGRAM CREATED IN THE
"RICHARD B. RUSSELL NATIONAL
SCHOOL LUNCH ACT", 42 U.S.C. SEC. 1751 ET SEQ. THE DEPARTMENT SHALL
CALCULATE THE DISTRIBUTION AMOUNT FOR EACH DISTRICT AND FOR THE
INSTITUTE CHARTER SCHOOLS BASED ON THE DIFFERENCE BETWEEN THE
AMOUNT OF TOTAL PROGRAM FUNDING AFTER APPLICATION OF THE BUDGET
STABILIZATION FACTOR THAT WAS ACTUALLY CALCULATED FOR THE
DISTRICT OR INSTITUTE CHARTER SCHOOLS FOR THE
2021-22 BUDGET YEAR
AND THE AMOUNT OF THE DISTRICT
'S OR INSTITUTE CHARTER SCHOOLS '
RECALCULATED TOTAL PROGRAM FUNDING , AS DETERMINED BY THE
DEPARTMENT
. A DISTRICT IS, OR THE INSTITUTE CHARTER SCHOOLS ARE ,
ELIGIBLE TO RECEIVE A DISTRIBUTION PURSUANT TO THIS SECTION ONLY IF
THE DISTRICT
'S OR INSTITUTE CHARTER SCHOOLS ' RECALCULATED TOTAL
PROGRAM FUNDING IS GREATER THAN THE AMOUNT OF TOTAL PROGRAM
FUNDING AFTER APPLICATION OF THE BUDGET STABILIZATION FACTOR
CALCULATED FOR THE DISTRICT OR INSTITUTE CHARTER SCHOOLS FOR THE
2021-22 BUDGET YEAR.
(3) A
NY DISTRIBUTION MADE PURSUANT TO THIS SECTION IS
ADDITIONAL FUNDING AND DOES NOT AFFECT A DISTRICT
'S OR INSTITUTE
CHARTER SCHOOL
'S TOTAL PROGRAM FOR THE 2021-22 BUDGET YEAR.
(4) (a) E
ACH DISTRICT THAT AUTHORIZES A CHARTER SCHOOL SHALL
DISTRIBUTE TO THE CHARTER SCHOOL ONE HUNDRED PERCENT OF THE
DISTRICT CHARTER SCHOOL
'S PER-PUPIL SHARE OF THE DISTRIBUTION
RECEIVED BY THE DISTRICT PURSUANT TO THIS SECTION
. A DISTRICT
CHARTER SCHOOL
'S DISTRIBUTION IS DETERMINED BY DIVIDING THE AMOUNT
OF THE DISTRIBUTION RECEIVED BY THE DISTRICT PURSUANT TO THIS
SECTION BY THE DISTRICT
'S AT-RISK PUPIL COUNT FOR THE 2021-22 BUDGET
YEAR AND THEN MULTIPLYING THAT AMOUNT BY THE DISTRICT CHARTER
SCHOOL
'S AT-RISK PUPIL COUNT FOR THE 2021-22 BUDGET YEAR.
(b) T
HE DEPARTMENT SHALL DISTRIBUTE THE TOTAL AMOUNT
CALCULATED FOR INSTITUTE CHARTER SCHOOLS PURSUANT TO THIS SECTION
TO THE STATE CHARTER SCHOOL INSTITUTE
, WHICH SHALL DISTRIBUTE TO
EACH INSTITUTE CHARTER SCHOOL ONE HUNDRED PERCENT OF THE AMOUNT
CALCULATED FOR THE INSTITUTE CHARTER SCHOOL PURSUANT TO THIS
SECTION
.
(5) T
HE GENERAL ASSEMBLY SHALL APPROPRIATE FOR THE 2021-22
PAGE 4-HOUSE BILL 22-1186 BUDGET YEAR THE AMOUNT NECESSARY TO FUND THE DISTRIBUTIONS TO
DISTRICTS AND INSTITUTE CHARTER SCHOOLS DESCRIBED IN THIS SECTION
.
(6) T
HE GENERAL ASSEMBLY DECLARES THAT , FOR PURPOSES OF
SECTION
17 OF ARTICLE IX OF THE STATE CONSTITUTION, DISTRIBUTING
ADDITIONAL FUNDING TO SCHOOL DISTRICTS AND INSTITUTE CHARTER
SCHOOLS FOR AT
-RISK PUPILS DUE TO REDUCED IDENTIFICATION OF AT-RISK
PUPILS RESULTING FROM THE AVAILABILITY OF UNIVERSAL FREE SCHOOL
MEALS IS AN IMPORTANT ELEMENT IN IMPLEMENTING ACCOUNTABLE
PROGRAMS TO MEET STATE ACADEMIC STANDARDS
, AND SCHOOL DISTRICTS
AND INSTITUTE CHARTER SCHOOLS MAY THEREFORE RECEIVE F UNDING FROM
THE STATE EDUCATION FUND CREATED IN SECTION
17 (4) OF ARTICLE IX OF
THE STATE CONSTITUTION
.
(7) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2023.
PAGE 5-HOUSE BILL 22-1186 APPROPRIATION FROM
ITEM &
SUBTOTAL
TOTAL GENERAL
FUND
GENERAL
FUND
EXEMPT
CASH
FUNDS
REAPPROPRIATED
FUNDS
FEDERAL
FUNDS
$$$$$ $ $
SECTION 4. Appropriation to the department of education for the fiscal year beginning July 1, 2021. In Session Laws of Colorado 2021, section 2 of chapter 504, (SB
21-205), amend Part III (2)(A) and footnote 7, as Part III (2)(A) footnote 7 is amended by Section 34 of chapter 222, (SB 21-268), as follows :
Section 2. Appropriation.
PART III
DEPARTMENT OF EDUCATION
(2) ASSISTANCE TO PUBLIC SCHOOLS
(A) Public School Finance
Administration 1,879,526 1,792,031 87,495
a
(16.5 FTE) (0.9 FTE)
Financial Transparency
System Maintenance 88,120 88,120
a
(1.0 FTE)
School Finance Audit
Payments 600,000 600,000
b
State Share of Districts'
Total Program Funding
6,7
4,342,793,552
2,696,820,934 865,284,199
c
780,688,419
d
4,203,227,803 641,122,670
d
District Per Pupil Reimbursements for Juveniles Held in Jail 10,000 10,000
e
At-risk Supplemental Aid 4,844,358 4,844,358
f
At-risk Per Pupil Additional Funding 5,000,000 5,000,000
f
Additional Funding for Rural Districts and Institute Charter Schools 30,000,000 30,000,000
g
4,385,215,556 4,245,649,807
PAGE 6-HOUSE BILL 22-1186 APPROPRIATION FROM
ITEM &
SUBTOTAL
TOTAL GENERAL
FUND
GENERAL
FUND
EXEMPT
CASH
FUNDS
REAPPROPRIATED
FUNDS
FEDERAL
FUNDS
$$$$$ $ $
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
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.
b
This amount shall be from the State Public School Fund created in Section 22-54-114 (1), C.R.S.
c
This amount shall be from the General Fund Exempt Account created in Section 24-77-103.6 (2), C.R.S.
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
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
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,
$154,290,341 is estimated to be from State Public School Fund re serves, $30,360,235 is estimated to be from federal mineral lea sing revenues transferred to the State Public School
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
Fund that is credited to the State Public School Fund pursuant to Section 22-41-102 (3)(f), C.R.S.
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
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.
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
Fund that is credited to the State Public School Fund pursuant to Section 22-41-102 (3)(g), C.R.S.
g
This amount shall be from the Rural Schools Cash Fund created in Section 22-54-142 (5), C.R.S.
TOTALS PART III
(EDUCATION)$5,847,545,486
$2,921,618,823 $865,284,199
a
$1,401,687,125
$38,200,295
b
$620,755,044
c
$5,707,979,737 $1,262,121,376
a
This amount shall be from the General Fund Exempt Account created in Section 24-77-103.6 (2), C.R.S.
b
Of this amount, $20,100,000 contains an (I) notation.
c
This amount contains an (I) notation.
FOOTNOTES -- The following statements are referenced to the numbered footnotes throughout section 2.
7 Department of Education, Assistance to Public Schools, Public School Finance, State Share of Districts' Total Program Funding -- Pursuant to Section
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
Through Concurrent Enrollment (ASCENT) Program for FY 2021-22. It is the General Assembly's intent that the Department of Education be authorized to
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
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.
PAGE 7-HOUSE BILL 22-1186 SECTION 5. Appropriation. For the 2021-22 state fiscal year,
$91,433,760 is appropriated to the department of education. This
appropriation is from the state education fund created in section 17 (4)(a)
of article IX of the state constitution. To implement this act, the
department may use this appropriation for additional funding provided
pursuant to section 22-54-144 (2), C.R.S.
SECTION 6. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 8-HOUSE BILL 22-1186