2 | | - | BY REPRESENTATIVE(S) Herod and McCluskie, Ransom, Amabile, Bacon, |
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3 | | - | Bernett, Bird, Boesenecker, Caraveo, Cutter, Duran, Esgar, Exum, Froelich, Gray, |
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4 | | - | Hooton, Jodeh, Kennedy, Kipp, Lindsay, Lontine, McCormick, McLachlan, |
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5 | | - | Michaelson Jenet, Mullica, Ortiz, Ricks, Sirota, Snyder, Titone, Valdez A., |
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6 | | - | Weissman, Woodrow, Young, Garnett, Sandridge; |
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7 | | - | also SENATOR(S) Hansen and Moreno, Rankin, Bridges, Buckner, Fenberg, |
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8 | | - | Fields, Ginal, Gonzales, Jaquez Lewis, Kirkmeyer, Kolker, Lee, Pettersen, Priola, |
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9 | | - | Simpson, Sonnenberg, Story, Winter, Woodward, Zenzinger |
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10 | | - | . |
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| 9 | + | House Committees Senate Committees |
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| 10 | + | Appropriations Appropriations |
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| 11 | + | A BILL FOR AN ACT |
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12 | | - | ONCERNING ADJUSTMENTS TO SCHOOL FUNDING FOR THE 2021-22 BUDGET |
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13 | | - | YEAR |
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14 | | - | , AND, IN CONNECTION THEREWITH, MAKING AND REDUCING AN |
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15 | | - | APPROPRIATION |
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16 | | - | . |
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17 | | - | |
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18 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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19 | | - | SECTION 1. Legislative declaration. (1) The general assembly |
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20 | | - | finds and declares that: |
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21 | | - | (a) The actual funded pupil count and at-risk pupil count for the |
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22 | | - | 2021-22 budget year are lower than anticipated when the appropriation was |
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23 | | - | established in the 2021 legislative session for total program funding for the |
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24 | | - | 2021-22 budget year. As a result, total program funding, before application |
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25 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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26 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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27 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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28 | | - | history, or the Session Laws. |
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29 | | - | ________ |
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30 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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31 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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32 | | - | the act. of the budget stabilization factor, is $67,976,234 lower than anticipated |
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33 | | - | when appropriations were established for the 2021 legislative session. |
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34 | | - | (b) Based on actual local property tax revenue and specific |
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35 | | - | ownership tax revenue available to school districts for the 2021-22 budget |
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36 | | - | year, the local share of total program funding is $139,565,749 higher than |
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37 | | - | anticipated when appropriations were established in the 2021 legislative |
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38 | | - | session; and |
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39 | | - | (c) It is the general assembly's intent to maintain total program |
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40 | | - | funding after the application of the budget stabilization factor at the dollar |
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| 13 | + | ONCERNING ADJUSTMENTS TO SCHOOL FUNDING FOR THE 2021-22101 |
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| 14 | + | BUDGET YEAR, AND, IN CONNECTION THEREWITH , MAKING AND102 |
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| 15 | + | REDUCING AN APPROPRIATION .103 |
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| 16 | + | Bill Summary |
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| 17 | + | (Note: This summary applies to this bill as introduced and does |
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| 18 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 19 | + | passes third reading in the house of introduction, a bill summary that |
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| 20 | + | applies to the reengrossed version of this bill will be available at |
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| 21 | + | http://leg.colorado.gov/ |
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| 22 | + | .) |
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| 23 | + | Joint Budget Committee. The general assembly recognizes that |
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| 24 | + | the actual funded pupil count and the at-risk pupil count for the 2021-22 |
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| 25 | + | budget year are lower than expected when the appropriation amount for |
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| 26 | + | the state share of total program funding was established during the 2021 |
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| 27 | + | legislative session, resulting in a decrease in total program funding for the |
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| 28 | + | SENATE |
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| 29 | + | 3rd Reading Unamended |
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| 30 | + | February 17, 2022 |
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| 31 | + | SENATE |
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| 32 | + | 2nd Reading Unamended |
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| 33 | + | February 16, 2022 |
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| 34 | + | HOUSE |
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| 35 | + | 3rd Reading Unamended |
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| 36 | + | February 10, 2022 |
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| 37 | + | HOUSE |
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| 38 | + | 2nd Reading Unamended |
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| 39 | + | February 9, 2022 |
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| 40 | + | HOUSE SPONSORSHIP |
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| 41 | + | Herod and McCluskie, Ransom, Amabile, Bacon, Bernett, Bird, Boesenecker, Caraveo, |
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| 42 | + | Cutter, Duran, Esgar, Exum, Froelich, Garnett, Gray, Hooton, Jodeh, Kennedy, Kipp, |
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| 43 | + | Lindsay, Lontine, McCormick, McLachlan, Michaelson Jenet, Mullica, Ortiz, Ricks, |
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| 44 | + | Sandridge, Sirota, Snyder, Titone, Valdez A., Weissman, Woodrow, Young |
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| 45 | + | SENATE SPONSORSHIP |
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| 46 | + | Hansen and Moreno, Rankin, Bridges, Buckner, Fenberg, Fields, Ginal, Gonzales, Jaquez |
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| 47 | + | Lewis, Kirkmeyer, Kolker, Lee, Pettersen, Priola, Simpson, Sonnenberg, Story, Winter, |
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| 48 | + | Woodward, Zenzinger |
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| 49 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 50 | + | Capital letters or bold & italic numbers indicate new material to be added to existing statute. |
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| 51 | + | Dashes through the words indicate deletions from existing statute. 2021-22 budget year. |
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| 52 | + | In addition, local property tax revenue and specific ownership tax |
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| 53 | + | revenue are higher than anticipated, resulting in an increase in the local |
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| 54 | + | share of total program funding. |
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| 55 | + | The bill declares the general assembly's intent to maintain total |
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| 56 | + | program funding after application of the budget stabilization factor at the |
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42 | | - | (2) In addition, the general assembly finds it necessary to distribute |
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43 | | - | additional funding to school districts and institute charter schools for at-risk |
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44 | | - | pupils due to the reduced identification of at-risk pupils resulting from the |
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45 | | - | availability of universal free school meals. |
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46 | | - | SECTION 2. In Colorado Revised Statutes, 22-54-104, amend |
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47 | | - | (5)(g)(I)(L) as follows: |
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48 | | - | 22-54-104. District total program - definitions. (5) For purposes |
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49 | | - | of the formulas used in this section: |
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50 | | - | (g) (I) For the 2010-11 budget year and each budget year thereafter, |
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51 | | - | the general assembly determines that stabilization of the state budget |
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52 | | - | requires a reduction in the amount of the annual appropriation to fund the |
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53 | | - | state's share of total program funding for all districts and the funding for |
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54 | | - | institute charter schools. The department of education shall implement the |
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55 | | - | reduction in total program funding through the application of a budget |
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56 | | - | stabilization factor as provided in this subsection (5)(g)(I). For the 2010-11 |
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57 | | - | budget year and each budget year thereafter, the department of education |
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58 | | - | and the staff of the legislative council shall determine, based on budget |
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59 | | - | projections, the amount of such reduction to ensure the following: |
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60 | | - | (L) That, for the 2021-22 budget year, the sum of the total program |
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61 | | - | funding for all districts, including the funding for institute charter schools, |
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62 | | - | after application of the budget stabilization factor, is not less than seven |
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63 | | - | billion nine hundred eighty-eight million five hundred twenty-seven |
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64 | | - | thousand seven hundred eleven dollars ($7,988,527,711) SEVEN BILLION |
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65 | | - | PAGE 2-HOUSE BILL 22-1186 NINE HUNDRED EIGHTY -EIGHT MILLION SIX HUNDRED SEVENTY -FIVE |
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66 | | - | THOUSAND FOUR HUNDRED THIRTY |
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67 | | - | -FOUR DOLLARS ($7,988,675,434); except |
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68 | | - | that the department of education and the staff of the legislative council shall |
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69 | | - | make mid-year revisions to replace projections with actual figures, |
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70 | | - | including but not limited to actual pupil enrollment, assessed valuations, |
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71 | | - | and specific ownership tax revenue from the prior year, to determine any |
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72 | | - | necessary changes in the amount of the reduction to maintain a total |
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73 | | - | program funding amount for the applicable budget year that is consistent |
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74 | | - | with this subsection (5)(g)(I)(L). For the 2022-23 budget year, the |
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75 | | - | difference between calculated statewide total program funding and actual |
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76 | | - | statewide total program funding must not exceed the difference between |
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77 | | - | calculated statewide total program funding and actual statewide total |
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78 | | - | program funding for the 2021-22 budget year. |
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79 | | - | SECTION 3. In Colorado Revised Statutes, add 22-54-144 as |
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80 | | - | follows: |
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81 | | - | 22-54-144. Additional at-risk funding - 2021-22 budget year - |
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82 | | - | legislative declaration - definition - repeal. (1) A |
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83 | | - | S USED IN THIS SECTION, |
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84 | | - | UNLESS THE CONTEXT OTHERWISE REQUIRES : |
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| 58 | + | The bill appropriates $91,433,760 in cash funds from the state |
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| 59 | + | education fund to distribute to school districts and institute charter |
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| 60 | + | schools that received lower than anticipated funding for at-risk pupils for |
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| 61 | + | the 2021-22 budget year. The appropriation is additional funding and |
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| 62 | + | does not affect a district's or institute charter school's total program. |
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| 63 | + | The bill decreases the appropriation for the state share of total |
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| 64 | + | program funding by $139,565,749 in cash funds from the state education |
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| 65 | + | fund and adjusts the 2021-22 state fiscal year long bill accordingly. |
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| 66 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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| 67 | + | SECTION 1. Legislative declaration. (1) The general assembly2 |
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| 68 | + | finds and declares that:3 |
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| 69 | + | (a) The actual funded pupil count and at-risk pupil count for the4 |
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| 70 | + | 2021-22 budget year are lower than anticipated when the appropriation5 |
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| 71 | + | was established in the 2021 legislative session for total program funding6 |
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| 72 | + | for the 2021-22 budget year. As a result, total program funding, before7 |
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| 73 | + | application of the budget stabilization factor, is $67,976,234 lower than8 |
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| 74 | + | anticipated when appropriations were established for the 2021 legislative9 |
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| 75 | + | session.10 |
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| 76 | + | (b) Based on actual local property tax revenue and specific11 |
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| 77 | + | ownership tax revenue available to school districts for the 2021-22 budget12 |
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| 78 | + | year, the local share of total program funding is $139,565,749 higher than13 |
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| 79 | + | anticipated when appropriations were established in the 2021 legislative14 |
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| 80 | + | session; and15 |
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| 81 | + | (c) It is the general assembly's intent to maintain total program16 |
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| 82 | + | funding after the application of the budget stabilization factor at the dollar17 |
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| 83 | + | 1186-2- amount of the original appropriation for the 2021-22 budget year.1 |
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| 84 | + | (2) In addition, the general assembly finds it necessary to2 |
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| 85 | + | distribute additional funding to school districts and institute charter3 |
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| 86 | + | schools for at-risk pupils due to the reduced identification of at-risk pupils4 |
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| 87 | + | resulting from the availability of universal free school meals.5 |
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| 88 | + | SECTION 2. In Colorado Revised Statutes, 22-54-104, amend6 |
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| 89 | + | (5)(g)(I)(L) as follows:7 |
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| 90 | + | 22-54-104. District total program - definitions. (5) For8 |
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| 91 | + | purposes of the formulas used in this section:9 |
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| 92 | + | (g) (I) For the 2010-11 budget year and each budget year10 |
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| 93 | + | thereafter, the general assembly determines that stabilization of the state11 |
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| 94 | + | budget requires a reduction in the amount of the annual appropriation to12 |
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| 95 | + | fund the state's share of total program funding for all districts and the13 |
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| 96 | + | funding for institute charter schools. The department of education shall14 |
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| 97 | + | implement the reduction in total program funding through the application15 |
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| 98 | + | of a budget stabilization factor as provided in this subsection (5)(g)(I).16 |
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| 99 | + | For the 2010-11 budget year and each budget year thereafter, the17 |
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| 100 | + | department of education and the staff of the legislative council shall18 |
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| 101 | + | determine, based on budget projections, the amount of such reduction to19 |
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| 102 | + | ensure the following:20 |
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| 103 | + | (L) That, for the 2021-22 budget year, the sum of the total21 |
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| 104 | + | program funding for all districts, including the funding for institute22 |
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| 105 | + | charter schools, after application of the budget stabilization factor, is not23 |
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| 106 | + | less than seven billion nine hundred eighty-eight million five hundred24 |
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| 107 | + | twenty-seven thousand seven hundred eleven dollars ($7,988,527,711)25 |
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| 108 | + | SEVEN BILLION NINE HUNDRED EIGHTY -EIGHT MILLION SIX HUNDRED26 |
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| 109 | + | SEVENTY-FIVE THOUSAND FOUR HUNDRED THIRTY -FOUR DOLLARS27 |
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| 110 | + | 1186 |
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| 111 | + | -3- ($7,988,675,434); except that the department of education and the staff1 |
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| 112 | + | of the legislative council shall make mid-year revisions to replace2 |
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| 113 | + | projections with actual figures, including but not limited to actual pupil3 |
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| 114 | + | enrollment, assessed valuations, and specific ownership tax revenue from4 |
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| 115 | + | the prior year, to determine any necessary changes in the amount of the5 |
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| 116 | + | reduction to maintain a total program funding amount for the applicable6 |
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| 117 | + | budget year that is consistent with this subsection (5)(g)(I)(L). For the7 |
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| 118 | + | 2022-23 budget year, the difference between calculated statewide total8 |
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| 119 | + | program funding and actual statewide total program funding must not9 |
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| 120 | + | exceed the difference between calculated statewide total program funding10 |
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| 121 | + | and actual statewide total program funding for the 2021-22 budget year.11 |
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| 122 | + | SECTION 3. In Colorado Revised Statutes, add 22-54-144 as12 |
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| 123 | + | follows:13 |
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| 124 | + | 22-54-144. Additional at-risk funding - 2021-22 budget year14 |
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| 125 | + | - legislative declaration - definition - repeal. (1) A |
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| 126 | + | S USED IN THIS15 |
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| 127 | + | SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :16 |
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106 | | - | HE DEPARTMENT SHALL DISTRIBUTE ADDITIONAL FUNDING TO |
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107 | | - | DISTRICTS AND INSTITUTE CHARTER SCHOOLS TO OFFSET REDUCTIONS IN THE |
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108 | | - | AMOUNT OF TOTAL PROGRAM FUNDING AFTER APPLICATION OF THE BUDGET |
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109 | | - | STABILIZATION FACTOR CALCULATED FOR THE |
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110 | | - | 2021-22 BUDGET YEAR AS A |
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111 | | - | RESULT OF A DECREASE IN THE NUMBER OF APPLICATIONS SUBMITTED |
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112 | | - | PAGE 3-HOUSE BILL 22-1186 DURING THE 2021-22 BUDGET YEAR TO PARTICIPATE IN THE FEDERAL |
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113 | | - | SCHOOL LUNCH PROGRAM CREATED IN THE |
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114 | | - | "RICHARD B. RUSSELL NATIONAL |
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115 | | - | SCHOOL LUNCH ACT", 42 U.S.C. SEC. 1751 ET SEQ. THE DEPARTMENT SHALL |
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116 | | - | CALCULATE THE DISTRIBUTION AMOUNT FOR EACH DISTRICT AND FOR THE |
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117 | | - | INSTITUTE CHARTER SCHOOLS BASED ON THE DIFFERENCE BETWEEN THE |
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118 | | - | AMOUNT OF TOTAL PROGRAM FUNDING AFTER APPLICATION OF THE BUDGET |
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119 | | - | STABILIZATION FACTOR THAT WAS ACTUALLY CALCULATED FOR THE |
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120 | | - | DISTRICT OR INSTITUTE CHARTER SCHOOLS FOR THE |
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121 | | - | 2021-22 BUDGET YEAR |
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122 | | - | AND THE AMOUNT OF THE DISTRICT |
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123 | | - | 'S OR INSTITUTE CHARTER SCHOOLS ' |
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124 | | - | RECALCULATED TOTAL PROGRAM FUNDING , AS DETERMINED BY THE |
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125 | | - | DEPARTMENT |
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126 | | - | . A DISTRICT IS, OR THE INSTITUTE CHARTER SCHOOLS ARE , |
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127 | | - | ELIGIBLE TO RECEIVE A DISTRIBUTION PURSUANT TO THIS SECTION ONLY IF |
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128 | | - | THE DISTRICT |
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129 | | - | 'S OR INSTITUTE CHARTER SCHOOLS ' RECALCULATED TOTAL |
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130 | | - | PROGRAM FUNDING IS GREATER THAN THE AMOUNT OF TOTAL PROGRAM |
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131 | | - | FUNDING AFTER APPLICATION OF THE BUDGET STABILIZATION FACTOR |
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132 | | - | CALCULATED FOR THE DISTRICT OR INSTITUTE CHARTER SCHOOLS FOR THE |
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133 | | - | 2021-22 BUDGET YEAR. |
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| 145 | + | HE DEPARTMENT SHALL DISTRIBUTE ADDITIONAL FUNDING TO2 |
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| 146 | + | DISTRICTS AND INSTITUTE CHARTER SCHOOLS TO OFFSET REDUCTIONS IN3 |
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| 147 | + | THE AMOUNT OF TOTAL PROGRAM FUNDING AFTER APPLICATION OF THE4 |
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| 148 | + | BUDGET STABILIZATION FACTOR CALCULATED FOR THE 2021-22 BUDGET5 |
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| 149 | + | YEAR AS A RESULT OF A DECREASE IN THE NUMBER OF APPLICATIONS6 |
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| 150 | + | SUBMITTED DURING THE 2021-22 BUDGET YEAR TO PARTICIPATE IN THE7 |
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| 151 | + | FEDERAL SCHOOL LUNCH PROGRAM CREATED IN THE "RICHARD B.8 |
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| 152 | + | R |
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| 153 | + | USSELL NATIONAL SCHOOL LUNCH ACT", 42 U.S.C. SEC. 1751 ET SEQ.9 |
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| 154 | + | T |
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| 155 | + | HE DEPARTMENT SHALL CALCULATE THE DISTRIBUTION AMOUNT FOR10 |
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| 156 | + | EACH DISTRICT AND FOR THE INSTITUTE CHARTER SCHOOLS BASED ON THE11 |
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| 157 | + | DIFFERENCE BETWEEN THE AMOUNT OF TOTAL PROGRAM FUNDING AFTER12 |
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| 158 | + | APPLICATION OF THE BUDGET STABILIZATION FACTOR THAT WAS13 |
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| 159 | + | ACTUALLY CALCULATED FOR THE DISTRICT OR INSTITUTE CHARTER14 |
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| 160 | + | SCHOOLS FOR THE 2021-22 BUDGET YEAR AND THE AMOUNT OF THE15 |
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| 161 | + | DISTRICT'S OR INSTITUTE CHARTER SCHOOLS ' RECALCULATED TOTAL16 |
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| 162 | + | PROGRAM FUNDING, AS DETERMINED BY THE DEPARTMENT . A DISTRICT IS,17 |
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| 163 | + | OR THE INSTITUTE CHARTER SCHOOLS ARE , ELIGIBLE TO RECEIVE A18 |
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| 164 | + | DISTRIBUTION PURSUANT TO THIS SECTION ONLY IF THE DISTRICT 'S OR19 |
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| 165 | + | INSTITUTE CHARTER SCHOOLS' RECALCULATED TOTAL PROGRAM FUNDING20 |
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| 166 | + | IS GREATER THAN THE AMOUNT OF TOTAL PROGRAM FUNDING AFTER21 |
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| 167 | + | APPLICATION OF THE BUDGET STABILIZATION FACTOR CALCULATED FOR22 |
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| 168 | + | THE DISTRICT OR INSTITUTE CHARTER SCHOOLS FOR THE 2021-22 BUDGET23 |
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| 169 | + | YEAR.24 |
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262 | | - | $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 |
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263 | | - | 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 |
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264 | | - | 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, |
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265 | | - | $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 |
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266 | | - | 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 |
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267 | | - | Fund that is credited to the State Public School Fund pursuant to Section 22-41-102 (3)(f), C.R.S. |
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| 313 | + | $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 |
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| 314 | + | 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 |
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| 315 | + | 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 |
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| 316 | + | $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 |
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| 317 | + | 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 |
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| 318 | + | Fund that is credited to the State Public School Fund pursuant to Section 22-41-102 (3)(f), C.R.S. 10 |
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298 | | - | $8,195 per FTE pursuant to Section 22-54-104 (4.7), C.R.S. |
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299 | | - | PAGE 7-HOUSE BILL 22-1186 SECTION 5. Appropriation. For the 2021-22 state fiscal year, |
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300 | | - | $91,433,760 is appropriated to the department of education. This |
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301 | | - | appropriation is from the state education fund created in section 17 (4)(a) |
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302 | | - | of article IX of the state constitution. To implement this act, the |
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303 | | - | department may use this appropriation for additional funding provided |
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304 | | - | pursuant to section 22-54-144 (2), C.R.S. |
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305 | | - | SECTION 6. Safety clause. The general assembly hereby finds, |
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306 | | - | determines, and declares that this act is necessary for the immediate |
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307 | | - | preservation of the public peace, health, or safety. |
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308 | | - | ____________________________ ____________________________ |
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309 | | - | Alec Garnett Steve Fenberg |
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310 | | - | SPEAKER OF THE HOUSE PRESIDENT OF |
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311 | | - | OF REPRESENTATIVES THE SENATE |
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312 | | - | ____________________________ ____________________________ |
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313 | | - | Robin Jones Cindi L. Markwell |
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314 | | - | CHIEF CLERK OF THE HOUSE SECRETARY OF |
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315 | | - | OF REPRESENTATIVES THE SENATE |
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316 | | - | APPROVED________________________________________ |
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317 | | - | (Date and Time) |
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318 | | - | _________________________________________ |
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319 | | - | Jared S. Polis |
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320 | | - | GOVERNOR OF THE STATE OF COLORADO |
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321 | | - | PAGE 8-HOUSE BILL 22-1186 |
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| 368 | + | $8,195 per FTE pursuant to Section 22-54-104 (4.7), C.R.S. 15 |
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| 369 | + | 1186 |
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| 370 | + | -11- SECTION 5. Appropriation. For the 2021-22 state fiscal year,1 |
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| 371 | + | $91,433,760 is appropriated to the department of education. This2 |
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| 372 | + | appropriation is from the state education fund created in section 17 (4)(a)3 |
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| 373 | + | of article IX of the state constitution. To implement this act, the4 |
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| 374 | + | department may use this appropriation for additional funding provided5 |
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| 375 | + | pursuant to section 22-54-144 (2), C.R.S.6 |
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| 376 | + | SECTION 6. Safety clause. The general assembly hereby finds,7 |
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| 377 | + | determines, and declares that this act is necessary for the immediate8 |
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| 378 | + | preservation of the public peace, health, or safety.9 |
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| 379 | + | 1186-12- |
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