HOUSE BILL 22-1202
BY REPRESENTATIVE(S) Herod and McCluskie, Kipp, Larson, Amabile,
Bacon, Benavidez, Bernett, Bird, Boesenecker, Caraveo, Cutter, Duran,
Esgar, Exum, Gonzales-Gutierrez, Gray, Jodeh, Kennedy, Lindsay, Lontine,
McCormick, McLachlan, Michaelson Jenet, Mullica, Ricks, Roberts, Sirota,
Snyder, Tipper, Titone, Valdez A., Valdez D., Weissman, Woodrow,
Young;
also SENATOR(S) Zenzinger and Coleman, Bridges, Kirkmeyer, Lundeen,
Buckner, Donovan, Fields, Ginal, Gonzales, Hansen, Hinrichsen,
Jaquez Lewis, Lee, Moreno, Pettersen, Rodriguez, Story, Winter, Fenberg.
C
ONCERNING THE CREATION OF A NEW MEASURE IN THE PUBLIC SCHOOL
FUNDING FORMULA FOR IDENTIFYING AT
-RISK STUDENTS, AND, IN
CONNECTION THEREWITH
, CREATING A WORKING GROUP IN THE
DEPARTMENT OF EDUCATION TO IMPLEMENT THE NEW MEASURE IN A
FUTURE BUDGET YEAR AND MAKING AN APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 22-54-104.6 as
follows:
22-54-104.6. Implementation of at-risk measure - working group
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. - creation - report - legislative declaration - definitions - repeal.
(1) (a) T
HE GENERAL ASSEMBLY FINDS AND DECLARES THAT IMPLEMENTING
A NEW AT
-RISK MEASURE FOR IDENTIFYING STUDENTS WHO ARE AT RISK OF
BELOW
-AVERAGE ACADEMIC PERFORMANCE BECAUSE OF SOCIOECONOMIC
DISADVANTAGES OR POVERTY WILL BENEFIT
COLORADO STUDENTS BY:
(I) E
NSURING THAT PUBLIC SCHOOLS ARE ABLE TO PARTICIPATE IN
UNIVERSAL FREE MEALS PROGRAMS AND REDUCING THE PAPERWORK AND
ADMINISTRATIVE BURDEN ON PUBLIC SCHOOLS PARTICIPATING IN THOSE
PROGRAMS
;
(II) I
DENTIFYING AT-RISK STUDENTS DIRECTLY THROUGH THEIR
PARTICIPATION IN CERTAIN PUBLIC BENEFIT PROGRAMS WITHOUT THE NEED
TO COLLECT FORMS OR OTHER VERIFICATION OF ELIGIBILITY
, WHICH OFTEN
LEADS TO THE UNDERCOUNTING OF STUDENTS IN THE PUBLIC SCHOOLS THAT
NEED RESOURCES TO SERVE THESE STUDENTS
; AND
(III) RECOGNIZING FACTORS BEYOND HOUSEHOLD INCOME THAT
PLACE A STUDENT AT RISK OF BELOW
-AVERAGE ACADEMIC PERFORMANCE .
(b) T
HEREFORE, IT IS THE INTENT OF THE GENERAL ASSEMBLY TO
CREATE A WORKING GROUP CONVENED BY THE COMMISSIONER OF
EDUCATION TO DETERMINE HOW TO CONSTRUCT AND IMPLEMENT THE NEW
AT
-RISK MEASURE FOR USE IN THE STATE 'S PUBLIC SCHOOL FUNDING
FORMULA
.
(2)
AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "C
HILDREN'S BASIC HEALTH PLAN" HAS THE SAME MEANING AS
SET FORTH IN SECTION
25.5-8-103.
(b) "C
OMMISSIONER" MEANS THE COMMISSIONER OF EDUCATION
APPOINTED PURSUANT TO SECTION
1 OF ARTICLE IX OF THE STATE
CONSTITUTION
.
(c) "I
DENTIFIED STUDENT PERCENTAGE" MEANS THE PERCENTAGE OF
A DISTRICT
'S OR INSTITUTE CHARTER SCHOOL'S STUDENT ENROLLMENT WHO
ARE CERTIFIED AS ELIGIBLE FOR FREE MEALS UNDER THE SCHOOL LUNCH
PROGRAM BASED ON DOCUMENTATION OF BENEFIT RECEIPT OR CATEGORICAL
PAGE 2-HOUSE BILL 22-1202 ELIGIBILITY AS DESCRIBED IN 7 CFR 245.6, OR ANY SUCCESSOR
REGULATIONS
.
(d) "M
EDICAID" HAS THE SAME MEANING AS "MEDICAL ASSISTANCE"
AS SET FORTH IN SECTION 25.5-4-103.
(e) "S
CHOOL LUNCH PROGRAM " MEANS THE FEDERAL "RICHARD B.
R
USSELL NATIONAL SCHOOL LUNCH ACT" CREATED IN 42 U.S.C. SEC. 1751,
ET SEQ.
(3) B
EGINNING IN THE 2023-24 BUDGET YEAR, THERE IS CREATED A
NEW AT
-RISK MEASURE IN THE PUBLIC SCHOOL FUNDING FORMULA FOR
IDENTIFYING STUDENTS WHO ARE AT RISK OF BELOW
-AVERAGE ACADEMIC
OUTCOMES BECAUSE OF SOCIOECONOMIC DISADVANTAGE OR POVERTY
. THE
NEW AT
-RISK MEASURE REPLACES THE AT-RISK MEASURE IN EFFECT FOR THE
2022-23 BUDGET YEAR. THE NEW AT-RISK MEASURE IS DESIGNED TO
ALLOCATE FINANCIAL RESOURCES TO PUBLIC SCHOOLS TO SERVE THE NEEDS
OF AT
-RISK STUDENTS. THE NEW AT-RISK MEASURE INCLUDES:
(a) A
DISTRICT'S OR INSTITUTE CHARTER SCHOOL 'S IDENTIFIED
STUDENT PERCENTAGE
, SUPPLEMENTED BY STUDENTS IDENTIFIED THROUGH
COLORADO'S PARTICIPATION IN THE DEMONSTRATION PROJECT OPERATED
PURSUANT TO
42 U.S.C. SEC. 1758 (b)(15) FOR DIRECT CERTIFICATION FOR
CHILDREN RECEIVING BENEFITS THROUGH MEDICAID AND THE CHILDREN
'S
BASIC HEALTH PLAN
; AND
(b) STUDENT NEEDS THAT ARE WEIGHTED BASED ON AT LEAST FIVE
SOCIOECONOMIC
-STATUS NEIGHBORHOOD FACTORS , LINKED TO EACH
STUDENT
'S CENSUS BLOCK GROUP.
(4) O
N OR BEFORE AUGUST 15, 2022, THE COMMISSIONER SHALL
CONVENE A WORKING GROUP TO PREPARE FOR THE IMPLEMENTATION IN THE
2023-24 BUDGET YEAR OF THE NEW AT -RISK MEASURE CREATED IN
SUBSECTION
(3) OF THIS SECTION.
(5) (a) T
HE WORKING GROUP CONSISTS OF STAFF OF THE
DEPARTMENTS OF HEALTH CARE POLICY AND FINANCING AND HUMAN
SERVICES
, APPOINTED BY THE EXECUTIVE DIRECTORS OF THOSE
DEPARTMENTS IN CONSULTATION WITH THE COMMISSIONER
, AND OTHER
MEMBERS APPOINTED BY THE COMMISSIONER PURSUANT TO SUBSECTION
PAGE 3-HOUSE BILL 22-1202 (5)(b) OF THIS SECTION. EACH APPOINTING AUTHORITY SHALL APPOINT
WORKING GROUP MEMBERS ON OR BEFORE
AUGUST 1, 2022.
(b) T
HE COMMISSIONER SHALL APPOINT MEMBERS TO THE WORKING
GROUP TO PROVIDE REPRESENTATION FOR THE FOLLOWING GROUPS
:
(I) S
TAFF OF THE DEPARTMENT OF EDUCATION ;
(II) S
TAFF OF THE STATE CHARTER SCHOOL INSTITUTE ;
(III) D
ISTRICT CHIEF FINANCIAL OFFICERS OR SC HOOL FINANCE
DIRECTORS
;
(IV) S
UPERINTENDENTS OF DISTRICTS;
(V) S
CHOOL PRINCIPALS AND DIRECTORS OF CHARTER SCHOOLS ;
(VI) S
CHOOL SOCIAL WORKERS OR NURSES ;
(VII) C
HILD WELFARE EDUCATION LIAISONS ;
(VIII) T
HE EDUCATION DATA ADVISORY COMMITTEE CREATED IN
SECTION
22-2-304;
(IX) A
STATEWIDE ORGANIZATION THAT REPRESENTS EDUCATORS ;
(X) A
STATEWIDE ORGANIZATION THAT REPRESENTS SCHOOL
DISTRICT BOARDS OF EDUCATION
;
(XI) A
STATEWIDE ADVOCACY GROUP FOR CHARTER SCHOOLS ;
(XII) A
N ADVOCACY ORGANIZATION THAT REPRESENTS RURAL
DISTRICTS
;
(XIII) A
STATEWIDE ORGANIZATION THAT REPRESENTS PARENTS ;
(XIV)
A STATEWIDE ORGANIZATION THAT REPRESENTS SCHOOL
NUTRITION SERVICE PROVIDERS
;
(XV) A
DVOCACY GROUPS FOR CHILDREN IN POVERTY ;
PAGE 4-HOUSE BILL 22-1202 (XVI) ADVOCACY GROUPS WORKING TO END HUNGER IN COLORADO;
AND
(XVII) ANY OTHER GROUPS WITH RELEVANT QUALIFICATIONS OR
EXPERTISE
.
(6) I
N APPOINTING MEMBERS TO THE WORKING GROUP , THE
COMMISSIONER SHALL ENSURE
, TO THE EXTENT PRACTICABLE, THAT THE
MEMBERSHIP REFLECTS THE GEOGRAPHIC DIVERSITY OF THE STATE
,
INCLUDING MEMBERS FROM RURAL , URBAN, AND SUBURBAN DISTRICTS AND
CHARTER SCHOOLS
, AS WELL AS LARGE AND SMALL DISTRICTS . THE
COMMISSIONER SHALL ALSO ENSURE REPRESENTATION FROM DISTRICTS THAT
SERVE A HIGH NUMBER OF AT
-RISK STUDENTS UNDER THE CURRENT SCHOOL
FUNDING FORMULA
.
(7) T
HE COMMISSIONER, OR A MEMBER APPOINTED BY THE
COMMISSIONER
, SHALL SERVE AS CHAIR OF THE WORKING GROUP. MEMBERS
OF THE WORKING GROUP SERVE WITHOUT COMPENSATION AND WITHOUT
REIMBURSEMENT FOR EXPENSES
.
(8) T
HE COMMISSIONER, IN CONSULTATION WITH THE EXECUTIVE
DIRECTORS OF THE DEPARTMENTS OF HEALTH CARE POLICY AND FINANCING
AND HUMAN SERVICES
, MAY FORM ISSUE SUBGROUPS , CONSISTING OF
WORKING GROUP MEMBERS AND OTHERS WITH RELEVANT EXPERIENCE OR
EXPERTISE
, TO CONSIDER THE ISSUES ADDRESSED BY THE WORKING GROUP .
(9) T
HE WORKING GROUP SHALL ADDRESS ISSUES CONCERNING THE
CONSTRUCTION AND IMPLEMENTATION OF THE NEW AT
-RISK MEASURE
CREATED IN SUBSECTION
(3) OF THIS SECTION . AMONG OTHER
CONSIDERATIONS
, THE CONSTRUCTION AND IMPLEMENTATION OF THE NEW
AT
-RISK MEASURE MAY INCLUDE:
(a) C
OLLECTING THE NECESSARY DATA TO IMPLEMENT THE NEW
AT
-RISK MEASURE, WHICH MAY INCLUDE CONSIDERATION OF A SURVEY OF
AVAILABLE DATA
, THE LEVEL AT WHICH DATA IS COLLECTED, DATA SHARING
AND DATA LINKS
, STUDENT DATA PRIVACY, AND MINIMIZING THE BURDEN OF
DATA COLLECTION
;
(b) D
EVELOPING THE NEIGHBORHOOD SOCIOECONOMIC -STATUS
INDEX
, INCLUDING THE DETERMINATION OF FIVE OR MORE INDEX FACTORS ,
PAGE 5-HOUSE BILL 22-1202 WHICH MAY INCLUDE MEDIAN HOUSEHOLD INCOME , HOMEOWNERSHIP RATE,
THE PERCENTAGE OF ADULTS TWENTY -FIVE YEARS OF AGE OR OLDER WITH
A BACHELOR
'S DEGREE OR HIGHER, THE PERCENTAGE OF CHILDREN WHO ARE
FOSTERED OR RAISED BY A NONPARENTAL RELATIVE
, OR THE PERCENTAGE
OF HOUSEHOLDS WHERE A NON
-ENGLISH LANGUAGE IS SPOKEN;
(c) O
NCE CENSUS BLOCKS ARE ASSIGNED A SOCIOECONOMIC -STATUS
INDEX VALUE
, DETERMINING HOW A STUDENT 'S NEIGHBORHOOD
SOCIOECONOMIC
-STATUS INDEX VALUE SHOULD BE INCORPORATED INTO THE
AT
-RISK MEASURE AND HOW IT WILL IMPACT STUDENTS IDENTIFIED AS PART
OF THE DISTRICT
'S OR INSTITUTE CHARTER SCHOOL'S IDENTIFIED STUDENT
PERCENTAGE
;
(d) D
ETERMINING THE COMPOSITION OF AT -RISK FACTOR FUNDING
BASED ON THE IDENTIFICATION OF STUDENTS THROUGH THE NEW AT
-RISK
MEASURE AND ENSURING THAT AT
-RISK FACTOR FUNDING IS EQUITABLY
DISTRIBUTED TO IMPROVE ACADEMIC OUTCOMES FOR IDENTIFIED STUDENTS
;
(e) D
ETERMINING HOW DISTRICTS AND INSTITUTE CHARTER SCHOOLS
WILL DEMONSTRATE THAT AT
-RISK FUNDING IS BEING EXPENDED TO SERVE
STUDENTS IDENTIFIED THROUGH THE NEW AT
-RISK MEASURE AND RESULTING
AT
-RISK FACTOR FUNDING;
(f) D
ETERMINING THE PROCESS FOR IDENTIFYING STUDENTS DURING
THE FIRST YEAR OF IMPLEMENTATION AND THE DESIGN AND LENGTH OF A
HOLD
-HARMLESS PROVISION FOR DISTRICTS AND CHARTER SCHOOLS ;
(g) C
ONDUCTING PRE-IMPLEMENTATION MODELING AND TESTING
USING ACTUAL STUDENT DATA FOR EACH DISTRICT AND CHARTER SCHOOL
,
IF AVAILABLE;
(h) C
ONSIDERING THE IMPACT OF THE NEW AT -RISK MEASURE ON
OTHER PROGRAMS THAT RELY ON OR REFERENCE THE IDENTIFICATION OF
AT
-RISK STUDENTS PURSUANT TO THIS ARTICLE 54; AND
(i) ANY OTHER ISSUES DEEMED RELEVANT BY THE COMMISSIONER .
(10)
NOT LATER THAN JANUARY 31, 2023, THE COMMISSIONER SHALL
SUBMIT A REPORT TO THE LEGISLATIVE INTERIM COMMITTEE ON SCHOOL
FINANCE
, THE JOINT BUDGET COMMITTEE, AND THE EDUCATION COMMITTEES
PAGE 6-HOUSE BILL 22-1202 OF THE HOUSE OF REPRESENTATIVES AND THE SENATE , OR ANY SUCCESSOR
COMMITTEES
, INCLUDING:
(a) A
SUMMARY OF THE PROGRESS OF THE WORKING GROUP IN
RESOLVING ISSUES CONCERNING THE COMPOSITION AND IMPLEMENTATION
OF THE NEW AT
-RISK MEASURE AND AT-RISK FACTOR FUNDING;
(b) F
INDINGS AND RECOMMENDATIONS OF THE WORKING GROUP FOR
IMPLEMENTATION OF THE NEW AT
-RISK MEASURE FOR THE 2023-24 BUDGET
YEAR
, INCLUDING RECOMMENDATIONS FOR ANY LEGISLATION NECESSARY TO
IMPLEMENT THE NEW AT
-RISK MEASURE, AS WELL AS FINANCIAL RESOURCES
NEEDED TO ADMINISTER THE NEW AT
-RISK MEASURE;
(c) A
SUMMARY OF ANY FINANCIAL MODELING OF THE NEW AT -RISK
MEASURE FOR INDIVIDUAL DISTRICTS OR CHARTER SCHOOLS
, IF AVAILABLE;
AND
(d) AN ESTIMATE OF THE IMPACT OF THE NEW AT-RISK MEASURE ON
THE COST OF TOTAL PROGRAM FUNDING
.
(11) T
HE DEPARTMENT OF EDUCATION SHALL APPLY TO THE UNITED
STATES SECRETARY OF AGRICULTURE TO PARTICIPATE IN THE
DEMONSTRATION PROJECT OPERATED PURSUANT TO
42 U.S.C. SEC. 1758
(b)(15)
FOR DIRECT CERTIFICATION FOR CHILDREN RECEIVING MEDICAID
BENEFITS
, WITH THE INTENT THAT THE DEMONSTRATION PROJECT IS
IMPLEMENTED STATEWIDE TO THE EXTENT ALLOWABLE UNDER FEDERAL
LAW
. IF THE STATE IS SELECTED TO PARTICIPATE IN THE DEMONSTRATION
PROJECT
, THE DEPARTMENT OF EDUCATION SHALL COMPLY WITH ALL OF THE
REQUIREMENTS OF THE DEMONSTRATION PROJECT
, INCLUDING ENTERING
INTO AN AGREEMENT WITH THE DEPARTMENT OF HEALTH CARE POLICY AND
FINANCING TO ESTABLISH PROCEDURES BY WHICH A STUDENT MAY BE
CERTIFIED
, WITHOUT FURTHER APPLICATION , AS MEETING THE ELIGIBILITY
REQUIREMENTS FOR FREE OR REDUCED
-PRICE MEALS PURSUANT TO THE
NATIONAL SCHOOL BREAKFAST PROGRAM AND THE NATIONAL SCHOOL
LUNCH PROGRAM BASED ON INFORMATION COLLECTED BY THE DEPARTMENT
OF HEALTH CARE POLICY AND FINANCING IN IMPLEMENTING THE MEDICAID
PROGRAM
.
(12) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.
PAGE 7-HOUSE BILL 22-1202 SECTION 2. Appropriation. (1) For the 2022-23 state fiscal year,
$163,338 is appropriated to the department of education. This appropriation
is from the general fund. To implement this act, the department may use this
appropriation as follows:
(a) $128,341 for federal nutrition programs, which amount is based
on an assumption that the department will require an additional 0.4 FTE;
and
(b) $34,997 for administration related to public school finance,
which amount is based on an assumption that the department will require
an additional 0.1 FTE.
SECTION 3. Safety clause. The general assembly hereby finds,
PAGE 8-HOUSE BILL 22-1202 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 9-HOUSE BILL 22-1202