Second Regular Session Seventy-third General Assembly STATE OF COLORADO INTRODUCED LLS NO. 22-1016.01 Jacob Baus x2173 HOUSE BILL 22-1390 House Committees Senate Committees Education A BILL FOR AN ACT C ONCERNING THE FINANCING OF PUBLIC SCHOOLS , AND, IN101 CONNECTION THEREWITH , MAKING AN APPROPRIATION . 102 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 .) Section 1 of the bill finds that current economic conditions have increased the amount of revenue available to the state for the 2022-23 budget year, allowing the state to increase the amount of appropriation for the state's share of total program funding for school districts and institute charter schools, thereby mitigating the impact of the budget stabilization factor. Additionally, it finds there is uncertainty concerning the continuity HOUSE SPONSORSHIP McCluskie and McLachlan, SENATE SPONSORSHIP Zenzinger, 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. and longevity of these current economic conditions and the reliability of continuing high property values and increased revenue. Section 2 of the bill: ! Increases the statewide base per pupil funding for the 2022-23 budget year by $252.88, to account for inflation of 3.5%, to a new statewide base per pupil funding amount of $7,478.16; and ! Sets the total program funding for the 2022-23 budget year for all school districts and institute charter schools after application of the budget stabilization factor to not less than $8,420,114,162. Section 3 of the bill permits a public school one additional year to discontinue the prohibited use of an American Indian mascot if the public school was first notified of the prohibited use on or after January 1, 2022. Section 4 of the bill extends by one year the requirement for a board of cooperative services (BOCES) to obtain written permission from the school district in which a school operates or is located if the BOCES intends to authorize the school and the school is physically located within the geographic boundaries of a school district that is not a member of the BOCES. Section 5 of the bill extends by one year the ability for local education providers to carry forward more than 15% of per-pupil intervention money received pursuant to the "Colorado READ Act". Sections 6 and 7 of the bill extend by one year the local accountability system grant program and the requirement that the department of education (department) contract with an external evaluator to evaluate the implementation of the local accountability systems. The bill makes an appropriation for this evaluation. Section 8 of the bill extends by one year the completion of the pilot program to develop and use screening and identification processes and intervention strategies for early identification of and support for students enrolled in kindergarten through third grade who may have dyslexia. Section 9 of the bill states that, if a school district permits a student whose parent or guardian is a resident of the state but not a resident of the district to attend school in the district, the school district shall not require the parent, guardian, or student to pay tuition to attend school in the district, regardless of when during the school year, or under what circumstances, the student enrolls in or attends school in the district. Section 10 of the bill authorizes financial assistance through the educator recruitment and retention program to be used for applicants agreeing to teach for 3 years in educator shortage areas in the state. Section 11 of the bill permits a vendor that contracts with the department to develop a quality teacher recruitment program, and commits to satisfying the requirement to match 100% of the money paid HB22-1390 -2- by the department for the contract through gifts, grants, or donations from private donors, to also accept gifts, grants and donations from school districts. Section 12 of the bill removes the department's authority to annually reallocate money among participating schools under the local school food purchasing program. Sections 13 to 16 of the bill extend by one year the K-5 social and emotional health pilot program and amend the requirements for school mental health professionals participating in the pilot program. Section 17 of the bill permits 20% of the money appropriated for the Colorado imagination library program to be used by the contractor for operating costs. Section 18 of the bill requires the state auditor to grant an extension of the time to meet auditing requirements for the 2021-22 budget year for rural and small rural school districts that can demonstrate difficulty in retaining an auditor, in lieu of prohibiting the release of tax revenue for the school districts. 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 annual total program funding of Colorado's schools is a4 collaborative effort between school districts and the state;5 (b) In recent years, the stabilization of the state budget has6 required a reduction in the amount of the annual appropriation to fund the7 state's share of total program funding for all school districts and institute8 charter schools. This reduction is commonly referred to as the "budget9 stabilization factor".10 (c) The school districts' share of total program funding is11 primarily derived from nonresidential and residential property tax12 revenue. Colorado's current economic conditions, which are driving13 significant increases in property values, are generally increasing the14 school districts' share of total program funding and consequently15 decreasing the state's share of total program funding.16 HB22-1390-3- (d) The current economic conditions have also increased the1 amount of revenue available to the state for the 2022-23 budget year,2 allowing the state to significantly increase the amount of appropriation for3 the state's share of total program funding for school districts and institute4 charter schools, thereby mitigating the impact of the budget stabilization5 factor; and6 (e) There is, however, a great deal of uncertainty concerning the7 continuity and longevity of these current economic conditions and8 whether high property values and increased revenue will continue.9 (2) Therefore, the general assembly declares that it is committed10 to continuing the efforts to reduce the budget stabilization factor in11 subsequent budget years to the degree possible, subject to the continuing12 high levels of property values and changing economic conditions.13 SECTION 2. In Colorado Revised Statutes, 22-54-104, add14 (5)(a)(XXIX) and (5)(g)(I)(M) as follows:15 22-54-104. District total program - definitions. (5) For16 purposes of the formulas used in this section:17 (a) (XXIX) F OR THE 2022-23 BUDGET YEAR, THE STATEWIDE BASE18 PER PUPIL FUNDING IS $7,478.16, WHICH IS AN AMOUNT EQUAL TO19 $7,225.28, SUPPLEMENTED BY $252.88 TO ACCOUNT FOR INFLATION.20 (g) (I) For the 2010-11 budget year and each budget year21 thereafter, the general assembly determines that stabilization of the state22 budget requires a reduction in the amount of the annual appropriation to23 fund the state's share of total program funding for all districts and the24 funding for institute charter schools. The department of education shall25 implement the reduction in total program funding through the application26 of a budget stabilization factor as provided in this subsection (5)(g)(I).27 HB22-1390 -4- For the 2010-11 budget year and each budget year thereafter, the1 department of education and the staff of the legislative council shall2 determine, based on budget projections, the amount of such reduction to3 ensure the following:4 (M) T HAT, FOR THE 2022-23 BUDGET YEAR, THE SUM OF THE5 TOTAL PROGRAM FUNDING FOR ALL DISTRICTS , INCLUDING THE FUNDING6 FOR INSTITUTE CHARTER SCHOOLS , AFTER APPLICATION OF THE BUDGET7 STABILIZATION FACTOR, IS NOT LESS THAN EIGHT BILLION FOUR HUNDRED8 TWENTY MILLION ONE HUNDRED FOURTEEN THOUSAND ONE HUNDRED9 SIXTY-TWO DOLLARS ($8,420,114,162); EXCEPT THAT THE DEPARTMENT10 OF EDUCATION AND THE STAFF OF THE LEGISLATIVE COUNCIL SHALL MAKE11 MID-YEAR REVISIONS TO REPLACE PROJECTIONS WITH ACTUAL FIGURES ,12 INCLUDING BUT NOT LIMITED TO ACTUAL PUPIL ENROLLMENT , ASSESSED13 VALUATIONS, AND SPECIFIC OWNERSHIP TAX REVENUE FROM THE PRIOR14 YEAR, TO DETERMINE ANY NECESSARY CHANGES IN THE AMOUNT OF THE15 REDUCTION TO MAINTAIN A TOTAL PROGRAM FUNDING AMOUNT FOR THE16 APPLICABLE BUDGET YEAR THAT IS CONSISTENT WITH THIS SUBSECTION17 (5)(g)(I)(M). F OR THE 2023-24 BUDGET YEAR, THE DIFFERENCE BETWEEN18 CALCULATED STATEWIDE TOTAL PROGRAM FUNDING AND ACTUAL19 STATEWIDE TOTAL PROGRAM FUNDING MUST NOT EXCEED THE DIFFERENCE20 BETWEEN CALCULATED STATEWIDE TOTAL PROGRAM FUNDING AND21 ACTUAL STATEWIDE TOTAL PROGRAM FUNDING FOR THE 2022-23 BUDGET22 YEAR.23 SECTION 3. In Colorado Revised Statutes, 22-1-133, add (6) as24 follows:25 22-1-133. Prohibition on use of American Indian mascots -26 exemptions - definitions. (6) (a) N OTWITHSTANDING THE PROVISIONS OF27 HB22-1390 -5- THIS SECTION TO THE CONTRARY , A PUBLIC SCHOOL IN THE STATE IS1 PROHIBITED FROM USING AN AMERICAN INDIAN MASCOT ON OR AFTER2 J UNE 1, 2023, IF:3 (I) THE PUBLIC SCHOOL IS USING AN AMERICAN INDIAN MASCOT;4 (II) T HE PUBLIC SCHOOL DOES NOT MEET THE CRITERIA FOR AN5 EXEMPTION AS OUTLINED IN SUBSECTION (2)(b) OF THIS SECTION;6 (III) T HE PUBLIC SCHOOL WAS NOT IDENTIFIED PURSUANT TO7 SUBSECTION (4)(a) OF THIS SECTION; AND8 (IV) T HE SCHOOL DISTRICT OF THE PUBLIC SCHOOL OR , IN THE9 CASE OF AN INSTITUTE CHARTER SCHOOL , THE STATE CHARTER SCHOOL10 INSTITUTE, WAS FIRST NOTIFIED ON OR AFTER JANUARY 1, 2022, BY THE11 COMMISSION, IN COORDINATION WITH THE DEPARTMENT OF EDUCATION ,12 THAT IT IS USING AN AMERICAN INDIAN MASCOT IN VIOLATION OF13 SUBSECTION (2) OF THIS SECTION.14 (b) W HEN A PUBLIC SCHOOL DESCRIBED PURSUANT TO SUBSECTION15 (6)(a) OF THIS SECTION DISCONTINUES ITS USE OF AN AMERICAN INDIAN16 MASCOT PRIOR TO JUNE 1, 2023, THE PUBLIC SCHOOL SHALL NOTIFY ITS17 SCHOOL DISTRICT OR, IN THE CASE OF AN INSTITUTE CHARTER SCHOOL, THE18 STATE CHARTER SCHOOL INSTITUTE , THE COMMISSION , AND THE19 DEPARTMENT OF EDUCATION , OF THE DISCONTINUATION.20 (c) F OR EACH MONTH DURING WHICH A PUBLIC SCHOOL DESCRIBED21 PURSUANT TO SUBSECTION (6)(a) OF THIS SECTION USES AN AMERICAN22 I NDIAN MASCOT AFTER JUNE 1, 2023, THE SCHOOL DISTRICT OF THE PUBLIC23 SCHOOL OR, IN THE CASE OF AN INSTITUTE CHARTER SCHOOL , THE STATE24 CHARTER SCHOOL INSTITUTE , SHALL PAY A FINE OF TWENTY -FIVE25 THOUSAND DOLLARS TO THE STATE TREASURER , WHO SHALL CREDIT THE26 MONEY RECEIVED TO THE STATE EDUCATION FUND CREATED IN SECTION27 HB22-1390 -6- 17 (4) OF ARTICLE IX OF THE STATE CONSTITUTION.1 SECTION 4. In Colorado Revised Statutes, 22-5-111, amend (4)2 as follows:3 22-5-111. Buildings and facilities - repeal.4 (4) (a) Notwithstanding any provision of this article 5 to the contrary,5 during the 2021-22 AND 2022-23 state fiscal year YEARS, before6 authorizing a full-time school or an additional location of an existing7 school that is physically located within the geographic boundaries of a8 school district that is not a member of the board of cooperative services,9 a board of cooperative services must obtain written consent from such10 school district.11 (b) The requirement for written consent set forth in subsection12 (4)(a) of this section does not apply to a school authorized or operating13 prior to June 11, 2021, so long as the school continues to operate for the14 2021-22 AND 2022-23 school year YEARS.15 (c) This subsection (4) is repealed, effective July 1, 2022 2023.16 SECTION 5. In Colorado Revised Statutes, 22-7-1210.5, amend17 (6)(b)(II) as follows:18 22-7-1210.5. Per-pupil intervention money - uses - distribution19 - monitoring - repeal. (6) (b) (II) (A) Notwithstanding the provisions of20 subsection (6)(b)(I) of this section, a local education provider may retain21 more than fifteen percent of the amount of per-pupil intervention money22 received in the 2020-21 budget year AND 2021-22 BUDGET YEARS for use23 in accordance with this section in the 2021-22 AND 2022-23 budget year 24 YEARS, RESPECTIVELY.25 (B) This subsection (6)(b)(II) is repealed, effective July 1, 202226 2023.27 HB22-1390 -7- SECTION 6. In Colorado Revised Statutes, 22-11-703, amend1 (5)(b) as follows:2 22-11-703. Local accountability system - grant program3 established - repeal. (5) (b) (I) The amount of a grant awarded pursuant4 to this section must be at least twenty-five thousand dollars per budget5 year but must not exceed fifty thousand dollars per budget year for a grant6 awarded to a single local education provider and must not exceed7 seventy-five thousand dollars per budget year for a grant awarded to a8 group of local education providers. The department shall distribute the9 amount of each grant over three budget years.10 (II) (A) N OTWITHSTANDING ANY PROVISIONS OF SUBSECTION11 (5)(b)(I) OF THIS SECTION TO THE CONTRARY , AS A RESULT OF THE12 SUSPENSION OF FUNDING FOR THE LOCAL ACC OUNTABILITY SYSTEM GRANT13 PROGRAM DURING THE 2020-21 BUDGET YEAR, THE 2020-21 BUDGET YEAR14 IS NOT INCLUDED IN DETERMINING THE THREE BUDGET YEARS FOR GRANT15 DISTRIBUTION.16 (B) T HIS SUBSECTION (5)(b)(II) IS REPEALED, EFFECTIVE JULY 1,17 2024.18 SECTION 7. In Colorado Revised Statutes, 22-11-705, amend19 (5)(a) as follows:20 22-11-705. Local accountability systems - report. (5) (a) (I) In21 the third year of the grant program, the department shall contract with an22 external evaluator, which may be a state institution of higher education,23 to prepare a summary evaluation report of the implementation of the local24 accountability systems that receive grants. The evaluation must, at a25 minimum, include an evaluation of the success of each local26 accountability system in evaluating student success and the processes for27 HB22-1390 -8- ensuring a cycle of continuous improvement within the public schools of1 the participating local education providers. At the annual meeting held2 pursuant to subsection (1) of this section at the end of the first year of the3 grant program, the department, participating local education providers,4 and the accountability system partners shall identify the goals, tools, and5 measures to be addressed by the summary evaluation report. The data6 used for the summary evaluation report must include qualitative and7 quantitative measures.8 (II) N OTWITHSTANDING THE PROVISIONS OF SUBSECTION (5)(a)(I)9 OF THIS SECTION TO THE CONTRARY, AS A RESULT OF THE SUSPENSION OF10 FUNDING FOR THE LOCAL ACCOUNTABILITY SYSTEM GRANT PROGRAM11 DURING THE 2020-21 BUDGET YEAR, THE 2020-21 BUDGET YEAR IS NOT12 CONSIDERED A GRANT PROGRAM YEAR FOR PURPOSES OF DETERMINING13 THE THIRD YEAR OF THE GRANT PROGRAM .14 SECTION 8. In Colorado Revised Statutes, 22-20.5-104, amend15 (3), (4), and (5) as follows:16 22-20.5-104. Pilot program - dyslexia markers - effective17 interventions - created - evaluation report - repeal. (3) At the end of18 the 2021-22 2022-23 school year, the department shall evaluate the19 implementation of the pilot program and the effectiveness of the20 strategies in identifying and supporting more students in the participating21 local education providers than were identified and supported in22 nonparticipating local education providers. Based on the evaluation, the23 department shall refine the resources for technical support, identification,24 and interventions, as necessary, and disseminate the resources to all local25 education providers in the state. Upon request, the department shall also26 provide the technical support necessary to effectively use the resources.27 HB22-1390 -9- (4) On or before December 31, 2022 2023, the department shall1 submit to the state board of education and the education committees of2 the senate and the house of representatives, or any successor committees,3 a report concerning the implementation and evaluation of the pilot4 program. The department may include in the report any recommendations5 for legislation that the department deems necessary based on the6 evaluation of the pilot program.7 (5) This section is repealed, effective July 1, 2023 2024.8 SECTION 9. In Colorado Revised Statutes, 22-36-101, amend9 (2)(a) as follows:10 22-36-101. Choice of programs and schools within school11 districts. (2) (a) Every school district shall adopt such policies and12 procedures as are reasonable and necessary to implement the provisions13 of subsection (1) of this section, including, but not limited to, timelines14 for application to and acceptance in any program or school which THAT15 may provide for enrollment of the student on or before the pupil16 enrollment count day, and, while adopting policies and procedures, the17 school district shall consider adopting a policy establishing that an18 applicant with a proficiency rating of unsatisfactory in one or more19 academic areas who attends a public school that is required to implement20 a turnaround plan pursuant to section 22-11-406 or that is subject to21 restructuring pursuant to section 22-11-210 shall have priority over any22 other applicant for enrollment purposes. I F A SCHOOL DISTRICT PERMITS23 A STUDENT WHOSE PARENT OR GUARDIAN IS A RESIDENT OF THE STATE BUT24 NOT A RESIDENT OF THE DISTRICT TO ATTEND SCHOOL IN THE DISTRICT ,25 THE SCHOOL DISTRICT SHALL NOT REQUIRE THE PARENT , GUARDIAN, OR26 STUDENT TO PAY TUITION TO ATTEND SCHOOL IN THE DISTRICT ,27 HB22-1390 -10- REGARDLESS OF WHEN DURING THE SCHOOL YEAR , OR UNDER WHAT1 CIRCUMSTANCES, THE STUDENT ENROLLS IN OR ATTENDS SCHOOL IN THE2 DISTRICT.3 SECTION 10. In Colorado Revised Statutes, 22-60.3-204,4 amend (1)(b) as follows:5 22-60.3-204. Program eligibility - financial assistance -6 funding. (1) (b) As a condition of receiving financial assistance through7 the program, an applicant must agree to teach for a period of three years8 in a rural or small rural school district OR IN AN EDUCATOR SHORTAGE9 AREA, AS DETERMINED BY THE STATE BOARD OF EDUCATION . If an10 applicant does not fulfill the service condition of the program, the11 applicant shall repay the awarded financial assistance to the department12 in accordance with the rules promulgated by the state board.13 SECTION 11. In Colorado Revised Statutes, 22-94-102, amend14 (2)(f) as follows:15 22-94-102. Contract to create quality teacher recruitment16 program. (2) In awarding a contract pursuant to subsection (1) of this17 section, the department shall take into consideration the number of18 districts in which the vendor will place licensed teachers, the number of19 licensed teachers that the vendor will place, and the potential number of20 children who will be taught by the licensed teachers. The department shall21 ensure that it awards the contract to one or more vendors that satisfy the22 following criteria:23 (f) The vendor commits to matching no less than one hundred24 percent of any moneys MONEY that the department pays through a25 contract entered into pursuant to subsection (1) of this section. A vendor26 that responds to the department's solicitation for a contract issued27 HB22-1390 -11- pursuant to subsection (1) of this section shall provide written1 documentation from one or more private or corporate donors OR SCHOOL2 DISTRICTS that pledge to make gifts, grants, or donations, to the vendor3 that, in total, equal at least the amount that the department has specified4 will be available for the purposes of a contract pursuant to subsection (1)5 of this section for the applicable fiscal year. The written documentation6 must also include the date by which the vendor will receive the gifts,7 grants, or donations to be used in furtherance of the requirements of this8 article ARTICLE 94.9 SECTION 12. In Colorado Revised Statutes, 22-100-102, amend10 (5)(b) as follows:11 22-100-102. Local school food purchasing program - creation12 - report - rules - repeal. (5) (b) The department is authorized to monitor13 the school food purchasing program to ensure program integrity. and to14 annually reallocate money among participating providers to maximize the15 amount of the money given.16 SECTION 13. In Colorado Revised Statutes, 22-102-103, amend17 (4), (7), and (8) as follows:18 22-102-103. Definitions. As used in this article 102, unless the19 context otherwise requires:20 (4) "School counselor" means a counselor holding a master's21 degree in educational counseling and a professional special services22 license in Colorado PERSON WITH A TEMPORARY EDUCATOR ELIGIBILITY23 AUTHORIZATION ISSUED PURSUANT TO SECTION 22-60.5-111 (5) WHO IS24 WORKING TO ATTAIN A SPECIAL SERVICES PROVIDER LICENSE FOR SCHOOL25 COUNSELING, OR A LICENSE ISSUED PURSUANT TO ARTICLE 60.5 OF THIS26 TITLE 22 with an endorsement in school counseling, including but not27 HB22-1390 -12- limited to the completion of course work in the areas of academic and1 social-emotional development; assessment for social and emotional2 concerns, including suicide prevention and intervention; crisis3 intervention; social-emotional prevention programs, including character4 education and violence prevention; mental health; protective factors for5 at-risk students; and career awareness, exploration, and planning.6 (7) "School psychologist" means a school psychologist holding a7 master's degree and a professional special services license in Colorado8 PERSON WITH A TEMPORARY EDUCATOR ELIGIBILITY AUTHORIZATION9 ISSUED PURSUANT TO SECTION 22-60.5-111 (5) WHO IS WORKING TO10 ATTAIN A SPECIAL SERVICES PROVIDER LICENSE AS A SCHOOL11 PSYCHOLOGIST, OR A LICENSE ISSUED PURSUANT TO ARTICLE 60.5 OF THIS12 TITLE 22 with a school psychologist endorsement.13 (8) "School social worker" means a social worker holding a14 master's degree and a professional special services license in Colorado15 PERSON WITH A TEMPORARY EDUCATOR ELIGIBILITY AUTHORIZATION16 ISSUED PURSUANT TO SECTION 22-60.5-111 (5) WHO IS WORKING TO17 ATTAIN A SPECIAL SERVICES PROVIDER LICENSE AS A SCHOOL SOCIAL18 WORKER, OR A LICENSE ISSUED PURSUANT TO ARTICLE 60.5 OF THIS TITLE19 22 with an endorsement in school social work, including but not limited20 to the completion of course work in the areas of school and special21 education law, including content covering functional behavior assessment22 and the development of behavior intervention plans.23 SECTION 14. In Colorado Revised Statutes, 22-102-104, amend24 (1) and (2)(a) as follows:25 22-102-104. K-5 social and emotional health pilot program -26 creation - selection of pilot schools - rules. (1) There is created the K-527 HB22-1390 -13- social and emotional health pilot program in the department to determine1 the impact of dedicated school mental health professionals in2 kindergarten through fifth grade in elementary schools that have3 high-poverty, high-need students. The pilot program is implemented4 within the selected pilot schools and administered by the department as5 a pilot program for three consecutive FOUR school years, unless extended6 by the general assembly. Subject to available appropriations or gifts,7 grants, or donations for the three-year FOUR-YEAR term of the pilot8 program, pursuant to section 22-102-106, the department shall employ or9 contract with a pilot program coordinator and contract for preliminary and10 final program evaluations of the pilot program. The department STATE11 BOARD OF EDUCATION shall promulgate any rules necessary for the12 administration of the pilot program.13 (2) (a) Subject to available appropriations or gifts, grants, or14 donations for the three-year FOUR-YEAR term of the pilot program, no15 later than January 15 immediately preceding the first implementation16 year, the department shall select up to ten pilot schools to participate in17 the pilot program. If available appropriations and gifts, grants, or18 donations are insufficient to fully fund the pilot program, the department19 may select fewer than ten pilot schools to participate in the pilot program.20 The department shall select pilot schools that exhibit the characteristics21 set forth in subsection (2)(b) of this section and that are appropriate test22 schools to evaluate the impact and effectiveness of the pilot program. The23 pilot schools must demonstrate a willingness to participate in the pilot24 program and to collect the data and information necessary for the25 evaluation of the pilot program.26 SECTION 15. In Colorado Revised Statutes, 22-102-105, amend27 HB22-1390 -14- (4)(a) as follows:1 22-102-105. Implementation of pilot program. (4) (a) In2 implementing the pilot program, the school mental health professionals3 shall work as a team, with each professional providing services to4 students and offering training and resources to school faculty and5 administrators that WHO are authorized under the school mental health6 professional's special services AUTHORIZATION OR THE PROFESSIONAL 'S7 license and endorsement.8 SECTION 16. In Colorado Revised Statutes, 22-102-106, amend9 (2)(a) as follows:10 22-102-106. Pilot program coordinator - evaluation of pilot11 program - student impacts and outcomes. (2) (a) The department shall12 select a professional program evaluator to complete a preliminary13 evaluation of the pilot program on or before September 1 of the second14 full school year of implementation of the pilot program and a final15 evaluation of the pilot program to be completed on or before September16 1 immediately following the conclusion of the final school year of the17 pilot program. Subject to available appropriations or gifts, grants, or18 donations for the three-year FOUR-YEAR term of the pilot program, the19 department shall contract with the evaluator in the school year prior to the20 implementation of the pilot program in the pilot schools to create a21 process for the collection and transmission of data and information to the22 evaluator to ensure that the evaluator has the data and information23 necessary to complete the preliminary and final reports concerning the24 impact and outcomes of the pilot program. The pilot program evaluator,25 in conjunction with the department, shall select a group of control schools26 that have school characteristics and student demographics similar to those27 HB22-1390 -15- of the pilot schools to serve as a control group for purposes of evaluating1 the impacts and outcomes of the pilot program on participating students2 and pilot schools. Data collected for pilot schools and control group3 schools must include data from school climate and healthy schools4 surveys for any grade in which such surveys have been created.5 SECTION 17. In Colorado Revised Statutes, 24-90-120, amend6 (4)(a) and (6)(c) as follows:7 24-90-120. Colorado imagination library program - creation8 - request for proposal - state librarian duties - report - legislative9 declaration - definitions. (4) (a) The contractor, in operating the10 program pursuant to subsection (2) of this section, shall pay to the11 national nonprofit foundation fifty percent of the statewide cost to12 provide free books to eligible children enrolled in the program, as13 determined by the national nonprofit foundation. The general assembly14 shall annually appropriate money from the general fund to the department15 of education for the state librarian to distribute to the contractor for the16 state's FIFTY PERCENT share of the cost to provide the books AND OPERATE17 THE PROGRAM.18 (6) (c) Twenty percent of money appropriated for the 2021-2219 state fiscal year, and ten percent of money appropriated for the 2022-23 20 fiscal year and each fiscal year thereafter, may be used for the contractor21 operating the program for duties set forth in subsections (2)(a) to (2)(f)22 of this section.23 SECTION 18. In Colorado Revised Statutes, 29-1-606, add (9)24 as follows:25 29-1-606. Submission of reports - repeal.26 (9) (a) N OTWITHSTANDING THE PROVISIONS OF THIS SECTION TO THE27 HB22-1390 -16- CONTRARY, FOR A SCHOOL DISTRICT'S 2021-22 BUDGET YEAR, THE STATE1 AUDITOR SHALL NOT AUTHORIZE THE COUNTY TREASURER TO PROHIBIT2 THE RELEASE OF MONEY GENERATED BY THE SCHOOL DISTRICT PURSUANT3 TO SUBSECTION (5)(b)(I) OF THIS SECTION, BUT SHALL GRANT THE SCHOOL4 DISTRICT AN ADDITIONAL EXTENSION OF TWELVE MONTHS TO COMPLETE5 THE AUDIT AND SUBMIT THE AUDIT REPORT , IF THE SCHOOL DISTRICT:6 (I) I S A RURAL SCHOOL DISTRICT OR SMALL RURAL SCHOOL7 DISTRICT, AS DEFINED IN SECTION 22-7-1211 (4);8 (II) H AS EXHAUSTED ALL AVAILABLE EXTENSIONS PERMITTED BY9 THIS SECTION; AND10 (III) D EMONSTRATES TO THE STATE AUDITOR IT WAS UNABLE TO11 RETAIN AN AUDITOR TO COMPLETE THE AUDITING REQUIREMENTS12 PURSUANT TO THIS PART 6.13 (b) I F THE SCHOOL DISTRICT DOES NOT COMPLETE THE AUDIT AND14 SUBMIT THE AUDIT REPORT WITHIN THE ADDITIONAL EXTENSION PROVIDED15 PURSUANT TO SUBSECTION (9)(a) OF THIS SECTION, THE STATE AUDITOR16 SHALL MAKE OR CAUSE SUCH AUDIT TO BE MADE , PURSUANT TO17 SUBSECTION (5)(b)(II) OF THIS SECTION.18 (c) T HIS SUBSECTION (9) IS REPEALED, EFFECTIVE JULY 1, 2024.19 SECTION 19. Appropriation. For the 2022-23 state fiscal year,20 $100,000 is appropriated to the department of education. This21 appropriation is from the general fund. The department may use this22 appropriation for contracting with an external evaluator to perform the23 evaluation of local accountability systems required pursuant to section24 22-11-705 (5), C.R.S.25 SECTION 20. Safety clause. The general assembly hereby finds,26 HB22-1390 -17- determines, and declares that this act is necessary for the immediate1 preservation of the public peace, health, or safety.2 HB22-1390 -18-