Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 22-1016.01 Jacob Baus x2173
HOUSE BILL 22-1390
House Committees Senate Committees
Education
Appropriations
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
Amended 2nd Reading
April 26, 2022
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
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
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
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-TWO MILLION TWO HUNDRED SIXTEEN THOUSAND ONE HUNDRED9
FIFTY-NINE DOLLARS ($8,422,216,159); 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
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
MAY 1, 2022, BUT BEFORE11
JUNE 1, 2022, BY THE COMMISSION , IN COORDINATION WITH THE12
DEPARTMENT OF EDUCATION , THAT IT IS USING AN AMERICAN INDIAN13
MASCOT IN VIOLATION OF 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
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 state fiscal year FROM JULY 1, 2021, THROUGH6
DECEMBER 31, 2022, before authorizing a full-time school or an7
additional location of an existing school that is physically located within8
the geographic boundaries of a school district that is not a member of the9
board of cooperative services, a board of cooperative services must obtain10
written consent from such 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 school year THROUGH DECEMBER 31, 2022.15
(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
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
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
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
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, 22-54-103, add4
(10)(i) as follows:5
22-54-103. Definitions. As used in this article 54, unless the6
context otherwise requires:7
(10) (i) AT THE REQUEST OF A DISTRICT THAT INCLUDES IN ITS8
PUPIL ENROLLMENT ONE OR MORE STUDENTS WHO ARE PARTICIPATING IN9
NONPUBLIC HOME-BASED EDUCATIONAL PROGRAMS AND ALSO ATTENDING10
A PUBLIC SCHOOL OR PUBLIC PROGRAM FOR A PORTION OF THE SC HOOL11
DAY, THE DEPARTMENT OF EDUCATION SHALL ASSIGN A SEPARATE SCHOOL12
CODE TO EACH PROGRAM OFFERED THROUGH THE DISTRICT OR A SCHOOL13
OF THE DISTRICT THAT IS DESIGNED TO PROVIDE ENRICHMENT SUPPORTS14
AND SERVICES TO STUDENTS PARTICIPATING IN NONPUBLIC HOME-BASED15
EDUCATIONAL PROGRAMS .16
SECTION 11. In Colorado Revised Statutes, 22-60.3-204,17
amend (1)(b) as follows:18
22-60.3-204. Program eligibility - financial assistance -19
funding. (1) (b) As a condition of receiving financial assistance through20
the program, an applicant must agree to teach for a period of three years21
in a rural or small rural school district
OR IN AN EDUCATOR SHORTAGE22
AREA, AS DETERMINED BY THE STATE BOARD OF EDUCATION . If an23
applicant does not fulfill the service condition of the program, the24
applicant shall repay the awarded financial assistance to the department25
in accordance with the rules promulgated by the state board.26
SECTION
12. In Colorado Revised Statutes, 22-94-102, amend27
1390
-11- (2)(f) as follows:1
22-94-102. Contract to create quality teacher recruitment2
program. (2) In awarding a contract pursuant to subsection (1) of this3
section, the department shall take into consideration the number of4
districts in which the vendor will place licensed teachers, the number of5
licensed teachers that the vendor will place, and the potential number of6
children who will be taught by the licensed teachers. The department shall7
ensure that it awards the contract to one or more vendors that satisfy the8
following criteria:9
(f) The vendor commits to matching no less than one hundred10
percent of any moneys MONEY that the department pays through a11
contract entered into pursuant to subsection (1) of this section. A vendor12
that responds to the department's solicitation for a contract issued13
pursuant to subsection (1) of this section shall provide written14
documentation from one or more private or corporate donors, OR ONE OR15
MORE SCHOOL DISTRICTS OR OTHER LOCAL GOVERNMENTS, that pledge to16
make gifts, grants, or donations, OR OTHER PLEDGES OF MONEY, WHICH17
MAY INCLUDE IMPACT INCOME, SUCCESS PAYMENTS, AND SPONSORSHIP18
AND EVENT INCOME, BUT SHALL NOT INCLUDE MONEY RECEIVED FROM19
PROGRAM PARTICIPANTS, to the vendor that, in total, equal at least the20
amount that the department has specified will be available for the21
purposes of a contract pursuant to subsection (1) of this section for the22
applicable fiscal year. The written documentation must also include the23
date by which the vendor will receive the gifts, grants, or donations, OR24
OTHER MONEY to be used in furtherance of the requirements of this article25
ARTICLE 94.26
SECTION 13. In Colorado Revised Statutes, 22-100-102, amend27
1390
-12- (5)(b) as follows:1
22-100-102. Local school food purchasing program - creation2
- report - rules - repeal. (5) (b) The department is authorized to monitor3
the school food purchasing program to ensure program integrity. and to4
annually reallocate money among participating providers to maximize the5
amount of the money given.6
SECTION 14. In Colorado Revised Statutes, 22-102-103, amend7
(4), (7), and (8) as follows:8
22-102-103. Definitions. As used in this article 102, unless the9
context otherwise requires:10
(4) "School counselor" means a counselor holding a master's11
degree in educational counseling and a professional special services12
license in Colorado PERSON WITH A TEMPORARY EDUCATOR ELIGIBILITY13
AUTHORIZATION ISSUED PURSUANT TO SECTION 22-60.5-111 (5) WHO IS14
WORKING TO ATTAIN A SPECIAL SERVICES PROVIDER LICENSE FOR SCHOOL15
COUNSELING, OR A LICENSE ISSUED PURSUANT TO ARTICLE 60.5 OF THIS16
TITLE 22 with an endorsement in school counseling, including but not17
limited to the completion of course work in the areas of academic and18
social-emotional development; assessment for social and emotional19
concerns, including suicide prevention and intervention; crisis20
intervention; social-emotional prevention programs, including character21
education and violence prevention; mental health; protective factors for22
at-risk students; and career awareness, exploration, and planning.23
(7) "School psychologist" means a school psychologist holding a24
master's degree and a professional special services license in Colorado25
PERSON WITH A TEMPORARY EDUCATOR ELIGIBILITY AUTHORIZATION26
ISSUED PURSUANT TO SECTION 22-60.5-111 (5) WHO IS WORKING TO27
1390
-13- ATTAIN A SPECIAL SERVICES PROVIDER LICENSE AS A SCHOOL1
PSYCHOLOGIST, OR A LICENSE ISSUED PURSUANT TO ARTICLE 60.5 OF THIS2
TITLE 22 with a school psychologist endorsement.3
(8) "School social worker" means a social worker holding a4
master's degree and a professional special services license in Colorado5
PERSON WITH A TEMPORARY EDUCATOR ELIGIBILITY AUTHORIZATION6
ISSUED PURSUANT TO SECTION 22-60.5-111 (5) WHO IS WORKING TO7
ATTAIN A SPECIAL SERVICES PROVIDER LICENSE AS A SCHOOL SOCIAL8
WORKER, OR A LICENSE ISSUED PURSUANT TO ARTICLE 60.5 OF THIS TITLE9
22 with an endorsement in school social work, including but not limited10
to the completion of course work in the areas of school and special11
education law, including content covering functional behavior assessment12
and the development of behavior intervention plans.13
SECTION 15. In Colorado Revised Statutes, 22-102-104, amend14
(1) and (2)(a) as follows:15
22-102-104. K-5 social and emotional health pilot program -16
creation - selection of pilot schools - rules. (1) There is created the K-517
social and emotional health pilot program in the department to determine18
the impact of dedicated school mental health professionals in19
kindergarten through fifth grade in elementary schools that have20
high-poverty, high-need students. The pilot program is implemented21
within the selected pilot schools and administered by the department as22
a pilot program for three consecutive FOUR school years, unless extended23
by the general assembly. Subject to available appropriations or gifts,24
grants, or donations for the three-year FOUR-YEAR term of the pilot25
program, pursuant to section 22-102-106, the department shall employ or26
contract with a pilot program coordinator and contract for preliminary and27
1390
-14- final program evaluations of the pilot program. The department STATE1
BOARD OF EDUCATION shall promulgate any rules necessary for the2
administration of the pilot program.3
(2) (a) Subject to available appropriations or gifts, grants, or4
donations for the three-year FOUR-YEAR term of the pilot program, no5
later than January 15 immediately preceding the first implementation6
year, the department shall select up to ten pilot schools to participate in7
the pilot program. If available appropriations and gifts, grants, or8
donations are insufficient to fully fund the pilot program, the department9
may select fewer than ten pilot schools to participate in the pilot program.10
The department shall select pilot schools that exhibit the characteristics11
set forth in subsection (2)(b) of this section and that are appropriate test12
schools to evaluate the impact and effectiveness of the pilot program. The13
pilot schools must demonstrate a willingness to participate in the pilot14
program and to collect the data and information necessary for the15
evaluation of the pilot program.16
SECTION 16. In Colorado Revised Statutes, 22-102-105, amend17
(4)(a) as follows:18
22-102-105. Implementation of pilot program. (4) (a) In19
implementing the pilot program, the school mental health professionals20
shall work as a team, with each professional providing services to21
students and offering training and resources to school faculty and22
administrators that WHO are authorized under the school mental health23
professional's special services AUTHORIZATION OR THE PROFESSIONAL 'S24
license and endorsement.25
SECTION 17. In Colorado Revised Statutes, 22-102-106, amend26
(2)(a) as follows:27
1390
-15- 22-102-106. Pilot program coordinator - evaluation of pilot1
program - student impacts and outcomes. (2) (a) The department shall2
select a professional program evaluator to complete a preliminary3
evaluation of the pilot program on or before September 1 of the second4
full school year of implementation of the pilot program and a final5
evaluation of the pilot program to be completed on or before September6
1 immediately following the conclusion of the final school year of the7
pilot program. Subject to available appropriations or gifts, grants, or8
donations for the three-year FOUR-YEAR term of the pilot program, the9
department shall contract with the evaluator in the school year prior to the10
implementation of the pilot program in the pilot schools to create a11
process for the collection and transmission of data and information to the12
evaluator to ensure that the evaluator has the data and information13
necessary to complete the preliminary and final reports concerning the14
impact and outcomes of the pilot program. The pilot program evaluator,15
in conjunction with the department, shall select a group of control schools16
that have school characteristics and student demographics similar to those17
of the pilot schools to serve as a control group for purposes of evaluating18
the impacts and outcomes of the pilot program on participating students19
and pilot schools. Data collected for pilot schools and control group20
schools must include data from school climate and healthy schools21
surveys for any grade in which such surveys have been created.22
SECTION 18. In Colorado Revised Statutes, 24-90-120, amend23
(4)(a) and (6)(c) as follows:24
24-90-120. Colorado imagination library program - creation25
- request for proposal - state librarian duties - report - legislative26
declaration - definitions. (4) (a) The contractor, in operating the27
1390
-16- program pursuant to subsection (2) of this section, shall pay to the1
national nonprofit foundation fifty percent of the statewide cost to2
provide free books to eligible children enrolled in the program, as3
determined by the national nonprofit foundation. The general assembly4
shall annually appropriate money from the general fund to the department5
of education for the state librarian to distribute to the contractor for the6
state's
FIFTY PERCENT share of the cost to provide the books AND OPERATE7
THE PROGRAM.8
(6) (c) Twenty percent of money appropriated for the 2021-229
state fiscal year, and ten percent of money appropriated for the 2022-23
10
fiscal year and each fiscal year thereafter, may be used for the contractor11
operating the program for duties set forth in subsections (2)(a) to (2)(f)12
of this section.13
SECTION 19. In Colorado Revised Statutes, 29-1-606, add (9)14
as follows:15
29-1-606. Submission of reports - repeal.16
(9) (a) N
OTWITHSTANDING THE PROVISIONS OF THIS SECTION TO THE17
CONTRARY, FOR A SCHOOL DISTRICT'S 2021-22 BUDGET YEAR, THE STATE18
AUDITOR SHALL NOT AUTHORIZE THE COUNTY TREASURER TO PROHIBIT19
THE RELEASE OF MONEY GENERATED BY THE SCHOOL DISTRICT PURSUANT20
TO SUBSECTION (5)(b)(I) OF THIS SECTION, BUT SHALL GRANT THE SCHOOL21
DISTRICT AN ADDITIONAL EXTENSION OF TWELVE MONTHS TO COMPLETE22
THE AUDIT AND SUBMIT THE AUDIT REPORT , IF THE SCHOOL DISTRICT:23
(I) I
S A RURAL SCHOOL DISTRICT OR SMALL RURAL SCHOOL24
DISTRICT, AS DEFINED IN SECTION 22-7-1211 (4);25
(II) H
AS EXHAUSTED ALL AVAILABLE EXTENSIONS PERMITTED BY26
THIS SECTION; AND27
1390
-17- (III) DEMONSTRATES TO THE STATE AUDITOR IT WAS UNABLE TO1
RETAIN AN AUDITOR TO COMPLETE THE AUDITING REQUIREMENTS2
PURSUANT TO THIS PART 6.3
(b) I
F THE SCHOOL DISTRICT DOES NOT COMPLETE THE AUDIT AND4
SUBMIT THE AUDIT REPORT WITHIN THE ADDITIONAL EXTENSION PROVIDED5
PURSUANT TO SUBSECTION (9)(a) OF THIS SECTION, THE STATE AUDITOR6
SHALL MAKE OR CAUSE SUCH AUDIT TO BE MADE , PURSUANT TO7
SUBSECTION (5)(b)(II) OF THIS SECTION.8
(c) T
HIS SUBSECTION (9) IS REPEALED, EFFECTIVE JULY 1, 2024.9
SECTION 20. In Colorado Revised Statutes, amend 22-35-10810
as follows:11
22-35-108. Accelerating students through concurrent12
enrollment program - objectives - non-tuition expenses - rules.13
(1) (a) There is hereby established the accelerating students through14
concurrent enrollment program, Beginning in the 2010-11 school year,15
the department shall administer the ASCENT program pursuant to the16
provisions of this section and guidelines established by the board pursuant17
to subsection (4) of this section. WHICH IS AVAILABLE TO ALL QUALIFIED18
STUDENTS WHO ARE DESIGNATED BY THEIR ENROLLING LOCAL EDUCATION19
PROVIDERS PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION. The20
objectives of the ASCENT program are to:21
(I) Increase the percentage of students who participate in22
postsecondary education, especially among low-income and traditionally23
underserved populations;24
(II) Decrease the number of students who do not complete high25
school;26
(III) Decrease the amount of time that is required for a student to27
1390
-18- complete a postsecondary degree or certificate;1
(IV) Reduce state expenditures for public education; and2
(V) Increase the number of educational pathways available to3
students.4
(b) Notwithstanding any other provision of this article ARTICLE 355
TO THE CONTRARY, a qualified student who is designated by the6
department A LOCAL EDUCATION PROVIDER to be an ASCENT program7
participant pursuant to subsection (2) of this section may concurrently8
enroll in postsecondary courses, including academic courses and career9
and technical education courses, in the year directly following the year in10
which he or she THE QUALIFIED STUDENT was enrolled in the twelfth11
grade of a THE local education provider.12
(2) (a) Subject to available appropriations, the department may13
designate as an ASCENT program participant any qualified student who14
A LOCAL EDUCATION PROVIDER MAY DESIGNATE A QUALIFIED STUDENT AS15
AN ASCENT PROGRAM PARTICIPANT IF THE QUALIFIED STUDENT :16
(I) Has completed or is on schedule to complete at least twelve17
NINE credit hours of postsecondary course work prior to the completion18
of his or her THE QUALIFIED STUDENT'S twelfth-grade year;19
(II) Is not in need of a developmental education course;20
(III) Has been selected for participation in the ASCENT program21
by his or her high school principal or equivalent school administrator;22
(IV) (III) Has been accepted into a postsecondary degree program23
at an institution of higher education; AND24
(V) Has satisfied any other selection criteria established by25
guidelines established by the board pursuant to subsection (4) of this26
section; and27
1390
-19- (VI) (IV) Has not been designated AS an ASCENT program1
participant in any A prior year.2
(b) Repealed.3
(c) (I) Repealed.4
(II) (b) EACH LOCAL EDUCATION PROVIDER THAT DESIGNATES5
QUALIFIED STUDENTS TO PARTICIPATE IN THE ASCENT PROGRAM SHALL,6
AS PROVIDED BY STATE BOARD RULE , REPORT TO THE DEPARTMENT THE7
ESTIMATED NUMBER OF ASCENT PROGRAM PARTICIPANTS THAT THE8
LOCAL EDUCATION PROVIDER WILL ENROLL FOR THE FOLLOWING SCHOOL9
YEAR. The department, as part of its annual budget request to the general10
assembly, shall report the ESTIMATED total number of potential ASCENT11
program participants for the following school year.12
(III) Repealed.13
(IV) The department shall not designate a greater number of14
ASCENT program participants for a school year than the number of15
participants that the general assembly approves for funding in the annual16
general appropriation act for the applicable budget year.17
(3) (a) The local education provider of a qualified student who is18
designated by the department as an ASCENT program participant may19
include the student A LOCAL EDUCATION PROVIDER MAY INCLUDE EACH20
QUALIFIED STUDENT WHOM THE LOCAL EDUCATION PROVIDER DESIGNATES21
TO PARTICIPATE IN THE ASCENT PROGRAM PURSUANT TO THIS SECTION22
in the district's funded pupil count, or, in the case of a QUALIFIED student23
enrolled in an institute charter school, in the FUNDED PUPIL COUNT OF THE24
school's accounting district, as provided in section 22-54-103 (7).25
(b) A local education provider that receives extended high school26
funding, as described in section 22-54-104 (4.7), in a budget year for27
1390
-20- ASCENT program participants may expend the funding on behalf of1
ASCENT program participants who enroll in an institution of higher2
education during that budget year and on behalf of ASCENT program3
participants who, by May 1 of that budget year, are admitted to an4
institution of higher education to participate in the ASCENT program5
during the next budget year.6
(c) The local education provider shall certify to the department by7
May 10 of each year the list of ASCENT program participants who are8
admitted to an institution of higher education to participate in the9
ASCENT program during the next budget year. At the end of the budget10
year in which the local education provider receives the extended high11
school funding for ASCENT program participants, the local education12
provider shall remit to the department any remaining amount of the13
funding that the local education provider is not using for an ASCENT14
program participant who is included on the certified list.15
(4) The board shall establish guidelines AS NECESSARY for the16
administration of the ASCENT program. including but not limited to17
selection criteria that the department may use pursuant to subparagraph18
(V) of paragraph (a) of subsection (2) of this section to designate19
qualified students as ASCENT program participants.20
(5) For the purposes of part 5 of article 11 of this title 2221
concerning school accountability reports, the department shall include22
ASCENT program participants in the reporting requirements, regardless23
of whether an ASCENT program participant has completed his or her THE24
PARTICIPANT'S graduation requirements.25
(6) (a) Repealed.26
(b) (6) For purposes of applying the provisions of article 11 of this27
1390
-21- title 22 concerning school accountability and reporting graduation rates,1
a qualified student who is an ASCENT program participant shall MUST2
be counted in the enrolling school district's or institute charter school's3
graduation rate in the school year in which the student completes the4
school district's or institute charter school's minimum high school5
graduation requirements. The state board of education shall promulgate6
rules for schools and school districts to follow in satisfying state and7
federal reporting requirements concerning the enrollment status of8
ASCENT program participants. To the extent practicable, the rules must9
ensure that schools and school districts are not adversely affected in10
calculating and reporting the completion of high school graduation11
requirements by qualified students who have been designated by the12
department LOCAL EDUCATION PROVIDERS as ASCENT program13
participants. The rules must include, at a minimum, reporting14
requirements relating to:15
(I) (a) The provisions of article 7 of this title 22 concerning16
educational accountability; and17
(II) (b) The provisions of article 11 of this title 22 concerning18
educational accreditation.19
SECTION 21. In Colorado Revised Statutes, 22-35-105, repeal20
(4) as follows:21
22-35-105. Financial provisions - payment of tuition.22
(4) (a) Before paying the tuition for a course in which a qualified student23
concurrently enrolls, the local education provider in which the qualified24
student is enrolled shall require the qualified student and his or her parent25
or legal guardian to sign a document requiring repayment of the amount26
of tuition paid by the local education provider for the course on the27
1390
-22- qualified student's behalf if the qualified student does not complete the1
course for any reason without the consent of the principal of the student's2
high school.3
(b) If a qualified student concurrently enrolled in a course for4
whom a local education provider pays tuition does not complete the5
course for any reason without the consent of the principal of the high6
school in which the qualified student is enrolled, the qualified student or7
the qualified student's parent or legal guardian shall reimburse the local8
education provider, as provided in the document signed pursuant to9
paragraph (a) of this subsection (4), for the amount of tuition paid by the10
local education provider for the course.11
(c) A local education provider may adopt a policy that requires a12
qualified student and his or her parent or legal guardian to sign a13
document prior to the student's concurrent enrollment in a course, which14
document commits the student or his or her parent or legal guardian to15
reimburse the local education provider for the tuition paid by the local16
education provider for the course in the event that the student receives a17
failing grade in the course.18
SECTION 22. In Colorado Revised Statutes, 22-35-103, amend19
(6)(a) as follows:20
22-35-103. Definitions. As used in this article 35, unless the21
context otherwise requires:22
(6) (a) "Concurrent enrollment" means the simultaneous23
enrollment of a qualified student in a local education provider and in one24
or more postsecondary courses, including academic or career and25
technical education courses, which may include course work related to26
apprenticeship programs or internship programs, at an institution of27
1390
-23- higher education pursuant to the provisions of this article 35, at no tuition1
cost to the qualified student or the qualified student's parent or legal2
guardian. except as provided in section 22-35-105 (4)(c). As provided in3
section 22-35-104 (5) and (6)(b)(II), upon successfully completing a4
concurrent enrollment postsecondary course, the qualified student must5
receive credit that applies to completion of high school graduation6
requirements and postsecondary credit that applies toward completion of7
developmental education courses, applies toward earning a certificate or8
degree awarded through an approved postsecondary career and technical9
education program, is approved by the department of higher education for10
transfer from a two-year institution to a four-year institution in11
satisfaction of prerequisite courses for a specific major, is approved for12
statewide transfer pursuant to section 23-1-125, or is part of a statewide13
degree transfer agreement pursuant to section 23-1-108 (7)(a).14
SECTION 23. In Colorado Revised Statutes, 22-35-107, amend15
(6) introductory portion, (6)(c), and (6)(d) as follows:16
22-35-107. Concurrent enrollment advisory board - created -17
membership - duties - reports - repeal. (6) The board shall have HAS18
the following duties:19
(c) Making recommendations as necessary to the general20
assembly, the state board, and the commission concerning the21
improvement or updating of state policies relating to concurrent22
enrollment programs, including but not limited to recommendations of23
policies that will allow every local education provider in the state to have24
adequate resources to enter into at least one cooperative agreement; and25
recommendations of a funding allocation model, to be approved by the26
state board on or before July 1, 2013, in the event that the number of27
1390
-24- qualified students identified by local education providers exceeds1
available appropriations pursuant to section 22-35-108 (2);2
(d) On or before December 1, 2010 DECEMBER 1, 2022,3
considering and making recommendations to the state board and the4
education committees of the house of representatives and senate, or any5
successor committees, regarding the feasibility of a waiver process6
whereby a LOCAL EDUCATION PROVIDER, ON BEHALF OF A qualified7
student, could apply to the department for a waiver of certain provisions8
of section 22-35-108, which waiver would allow the LOCAL EDUCATION9
PROVIDER TO DESIGNATE THE student to be designated by the department10
as an ASCENT program participant in the second year following the year11
in which he or she THE QUALIFIED STUDENT was enrolled in the twelfth12
grade of a THE local education provider so long as he or she THE13
QUALIFYING STUDENT:14
(I) Was so designated in the year directly following the year in15
which he or she THE QUALIFIED STUDENT was enrolled in the twelfth16
grade of a THE local education provider;17
(II) Requires fifteen or fewer credit hours of postsecondary course18
work to achieve a postsecondary credential; and19
(III) Is eligible for free or reduced-cost REDUCED-PRICE lunch20
pursuant to the federal "Richard B. Russell National School Lunch Act",21
42 U.S.C. sec. 1751 et seq.;22
SECTION 24. In Colorado Revised Statutes, 22-35-112, amend23
(2) introductory portion and (2)(g) as follows:24
22-35-112. Reports. (2) On or before February 1, 2011, and on25
or before February 1 each year thereafter through 2016, and on or before26
April 1, 2017, and on or before April 1 each year thereafter, ON OR27
1390
-25- BEFORE APRIL 1, 2022, AND ON OR BEFORE MAY 1 EACH YEAR1
THEREAFTER, the department and the department of higher education shall2
collaborate to prepare and submit to the education committees of the3
senate and house of representatives, or any successor committees, a report4
concerning the concurrent enrollment of qualified students in5
postsecondary courses, including academic courses and career and6
technical education courses, and courses related to apprenticeship7
programs and internship programs. The report must include, but need not8
be limited to:9
(g) FOR THE PREVIOUS SCHOOL YEAR, the total number of qualified10
students designated by the department as ASCENT or TREP program11
participants in the previous school year THAT LOCAL EDUCATION12
PROVIDERS DESIGNATED AS ASCENT PROGRAM PARTICIPANTS AND THE13
TOTAL NUMBER OF QUALIFIED STUDENTS THE DEPARTMENT DESIGNATED14
AS PARTICIPANTS IN THE TEACHER RECRUITMENT EDUCATION AND15
PREPARATION PROGRAM ;16
SECTION 25. In Colorado Revised Statutes, 22-35-113, amend17
(1)(f) as follows:18
22-35-113. Concurrent enrollment - website. (1) By July 1,19
2020, the department of education and the department of higher20
education, with advice from the state board, shall make available to the21
public a concurrent enrollment website to provide information to students,22
parents, and legal guardians concerning concurrent enrollment options23
and requirements. The departments must ensure that the website is clear,24
easy to navigate, and generally user-friendly. In addition, the website25
must at a minimum:26
(f) Provide information concerning the payment of the costs of27
1390
-26- concurrent enrollment, including tuition, which is not chargeable to the1
student or the student's parent or legal guardian, except as provided in2
section 22-35-105 (4)(c), fees and books, which may be chargeable to the3
student or the student's parent or legal guardian, and transportation;4
SECTION 26. In Colorado Revised Statutes, 22-54-112, amend5
(2)(c) as follows:6
22-54-112. Reports to the state board. (2) (c) On or before7
November 10 of each year, the secretary of the state charter school8
institute board shall certify to the state board the pupil enrollment, and the9
online pupil enrollment, AND THE EXTENDED HIGH SCHOOL PUPIL10
ENROLLMENT of each institute charter school taken in the preceding11
October.12
SECTION 27. In Colorado Revised Statutes, 22-54-114, amend13
(4)(a) as follows:14
22-54-114. State public school fund. (4) (a) For the 1997-9815
fiscal year and fiscal years thereafter, the net amount recovered by the16
department of education during the applicable fiscal year, pursuant to17
school district and institute charter school audits, as overpayments made18
to school districts and institute charter schools and any amount remitted19
by a school district or institute charter school pursuant to section20
22-35-108 (3)(c), that would otherwise be transmitted to the state21
treasurer for deposit in the general fund shall instead be transmitted to the22
state treasurer for deposit in the state public school fund. The amount23
shall be available for appropriation to the department of education in24
subsequent fiscal years.25
SECTION 28. In Colorado Revised Statutes, 23-18-202, amend26
(5)(c)(III) as follows:27
1390
-27- 23-18-202. College opportunity fund - appropriations -1
payment of stipends - reimbursement - report. (5) (c) (III) For an2
eligible undergraduate student who has completed one or more college3
courses while enrolled in high school pursuant to the "Concurrent4
Enrollment Programs Act", article 35 of title 22, or while designated by5
the department of education as an ASCENT program participant pursuant6
to section 22-35-108 or as a TREP program participant pursuant to7
section 22-35-108.5, or while enrolled in a pathways in technology early8
college high school pursuant to article 35.3 of title 22, all college-level9
credit hours earned by the student while so enrolled count against the10
lifetime limitation described in subsection (5)(c)(I) of this section; except11
that credit hours earned from enrollment in a developmental education12
course, as defined in section 23-1-113 (11)(b), do not count against the13
lifetime limitation.14
SECTION 29. In Colorado Revised Statutes, 24-75-220, add (8)15
as follows:16
24-75-220. State education fund - transfers - surplus -17
legislative declaration. (8) ON JULY 1, 2022, THE STATE TREASURER18
SHALL TRANSFER THREE HUNDRED MILLION DOLLARS FROM THE GENERAL19
FUND TO THE STATE EDUCATION FUND CREATED IN SECTION 17 (4) OF20
ARTICLE IX OF THE STATE CONSTITUTION.21
SECTION 30. Appropriation. For the 2022-23 state fiscal year,22
$100,000 is appropriated to the department of education. This23
appropriation is from the general fund. The department may use this24
appropriation for contracting with an external evaluator to perform the25
evaluation of local accountability systems required pursuant to section26
22-11-705 (5), C.R.S.27
1390
-28- SECTION 31. Appropriation. For the 2022-23 state fiscal year,1
$184,125,900 is appropriated to the department of education. This2
appropriation consists of $2,101,985 from the general fund and3
$182,023,915 from the state education fund created in section 17 (4)(a)4
of article IX of the state constitution. To implement this act, the5
department may use this appropriation for the state share of districts' total6
program funding.7
SECTION 32. Appropriation to the department of education8
for the fiscal year beginning July 1, 2022. Section 2 of HB 21-1329,9
amend Part IV (2)(A) Footnote 8, as follows:10
Section 2. Appropriation.11
8 Department of Education, Assistance to Public Schools, Public12
School Finance, State Share of Districts' Total Program Funding --13
Pursuant to Section 22-35-108 (2)(a) and 22-35-108.5 (2)(b)(II), C.R.S.,14
the purpose of this footnote is to specify what portion of this15
appropriation is intended to be available for the Accelerating Students16
Through Concurrent Enrollment (ASCENT) Program and the Teacher17
Recruitment Education and Preparation (TREP) Program for FY 2022-23.18
It is the General Assembly's intent that the Department of Education be19
authorized to utilize up to $4,249,000 of this appropriation to fund20
qualified students designated as ASCENT Program participants and21
$1,699,600 $1,737,200 of this appropriation to fund qualified students22
designated as TREP Program participants. This amount is calculated23
based on an estimated 500 FTE participants and 200 FTE TREP Program24
participants funded at a rate of $8,498 $8,686 per FTE pursuant to25
Section 22-54-104 (4.7), C.R.S.26
SECTION 33. Appropriation. (1) For the 2022-23 state fiscal27
1390
-29- year, $196,086 is appropriated to the department of education. This1
appropriation is from the general fund. To implement this act, the2
department may use this appropriation as follows:3
(a) $127,973 for the dyslexia markers pilot program;4
(b) $43,113 for college and career readiness, which amount is5
based on an assumption that the department will require an additional 0.56
FTE; and7
(c) $25,000 for information technology services.8
SECTION 34. Safety clause. The general assembly hereby finds,9
determines, and declares that this act is necessary for the immediate10
preservation of the public peace, health, or safety.11
1390
-30-