Colorado 2022 2022 Regular Session

Colorado House Bill HB1390 Introduced / Bill

Filed 04/19/2022

                    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-