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August 8, 2022 HB 22-1294
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Final Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 22-0304
Rep. Michaelson Jenet;
Young
Sen. Zenzinger; Gardner
Date:
Bill Status:
Fiscal Analyst:
August 8, 2022
Signed into Law
Josh Abram | 303-866-3561
Josh.Abram@state.co.us
Bill Topic: SPECIAL EDUCATION SERVICES IN CHARTER SCHOOLS
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☐ Local Government
☒ School District
The bill allows charter schools to form alternative administrative units to provide
special education services. The bill increases school district workload and state
expenditures beginning in FY 2022-23.
Appropriation
Summary:
The bill includes an appropriation of $375,000 to the Charter School Institute in the
Colorado Department of Education.
Fiscal Note
Status:
The fiscal note reflects the enacted bill.
Table 1
State Fiscal Impacts Under HB 22-1294
Budget Year
FY 2022-23
Out Year
FY 2023-24
Revenue - -
Expenditures General Fund $375,000 -
Transfers - -
Other Budget Impacts $56,250 -
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August 8, 2022 HB 22-1294
Summary of Legislation
The bill makes changes to state law related to special education services in charter schools. With
approval from the school’s authorizer, the bill permits a charter school to develop and administer an
enrollment preference plan for children with disabilities.
Charter school networks and collaboratives. Under current law, Boards of Cooperative Educational
Services (BOCES) and school districts are the administrative unit that provide special education
services in public schools. This bill allows the State Board of Education (SBE) to designate a charter
school network or charter school collaborative as an alternative administrative unit, which authorizes
the collaborative or network and the associated charter schools to provide special education services
to children with disabilities.
A charter school may enter into an agreement to participate in a charter school network or a charter
school collaborative administrative unit. A charter school collaborative may provide special
education services to participating schools as authorized by the contract creating the collaborative.
Participating charter schools must share costs and financial support for special education services. If
a student with a disability is removed from an alternative administrative unit during the school year,
the alternative administrative unit remains the unit of residence for the remainder of the school year,
and may be required to pay the cost to enroll the student in a different program.
CSI options. A charter school authorized by a school district may enter into an agreement with the
state Charter School Institute (CSI) to participate in its administrative unit. Alternatively, a CSI charter
school may request to participate in an alternative administrative unit.
For FY 2022-23, the bill requires an appropriation of $375,000 from the General Fund to the CSI to
distribute to eligible institute charter schools. Finally, the bill clarifies that a charter school is not
required to pay its authorizing school district for federally required educational services that are not
available to the school.
State Expenditures
The bill does not change the financing of special education services, or have any impact on school
funding under the School Finance Act. The SBE will have an increased workload to adopt rules for
the designation of alternative administrative units, and to preside over charter amendment disputes.
This workload increase does not require additional appropriations.
School Districts
The bill authorizes charter schools to develop and implement an enrollment preference plan for
children with disabilities and provides the flexibility to participate in alternative administrative units.
This will increase workload for charter schools and districts, but does not require additional funding.
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August 8, 2022 HB 22-1294
State Appropriations
For FY 2022-23, the bill includes an appropriation of $375,000 from the General Fund to the Charter
School Institute in the Colorado Department of Education.
Effective Date
The bill was signed into law by the Governor on May 26, 2022, and takes effect August 9, 2022,
assuming no referendum petition is filed.
State and Local Government Contacts
Education School Districts
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.