Colorado 2022 Regular Session

Colorado House Bill HB1390 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-1016.01 Jacob Baus x2173
1	8		HOUSE BILL 22-1390
2		-	BY REPRESENTATIVE(S) McCluskie and McLachlan, Amabile, Bacon,
3		-	Bernett, Bird, Boesenecker, Caraveo, Cutter, Daugherty, Duran, Esgar,
4		-	Exum, Froelich, Gonzales-Gutierrez, Herod, Hooton, Jodeh, Kipp, Lindsay,
5		-	Lontine, McCormick, Michaelson Jenet, Mullica, Ortiz, Ricks, Roberts,
6		-	Sirota, Snyder, Titone, Valdez A., Valdez D., Weissman, Young, Garnett,
7		-	Kennedy;
8		-	also SENATOR(S) Zenzinger and Lundeen, Bridges, Buckner, Coleman,
9		-	Cooke, Donovan, Fields, Gardner, Ginal, Gonzales, Hansen, Hinrichsen,
10		-	Hisey, Holbert, Jaquez Lewis, Kirkmeyer, Lee, Liston, Moreno, Pettersen,
11		-	Scott, Simpson, Sonnenberg, Story, Winter, Woodward, Fenberg
12		-	.
	9	+	House Committees Senate Committees
	10	+	Education Education
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
13	13		C
14		-	ONCERNING THE FINANCING OF PUBLIC SCHOOLS , AND, IN CONNECTION
15		-	THEREWITH
16		-	, MAKING AN APPROPRIATION.
17		-
18		-	Be it enacted by the General Assembly of the State of Colorado:
19		-	SECTION 1. Legislative declaration. (1) The general assembly
20		-	finds and declares that:
21		-	(a) The annual total program funding of Colorado's schools is a
22		-	collaborative effort between school districts and the state;
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. (b) In recent years, the stabilization of the state budget has required
31		-	a reduction in the amount of the annual appropriation to fund the state's
32		-	share of total program funding for all school districts and institute charter
33		-	schools. This reduction is commonly referred to as the "budget stabilization
34		-	factor".
35		-	(c) The school districts' share of total program funding is primarily
36		-	derived from nonresidential and residential property tax revenue. Colorado's
37		-	current economic conditions, which are driving significant increases in
38		-	property values, are generally increasing the school districts' share of total
39		-	program funding and consequently decreasing the state's share of total
40		-	program funding.
41		-	(d) The current economic conditions have also increased the amount
42		-	of revenue available to the state for the 2022-23 budget year, allowing the
43		-	state to significantly increase the amount of appropriation for the state's
44		-	share of total program funding for school districts and institute charter
45		-	schools, thereby mitigating the impact of the budget stabilization factor; and
46		-	(e) There is, however, a great deal of uncertainty concerning the
47		-	continuity and longevity of these current economic conditions and whether
48		-	high property values and increased revenue will continue.
49		-	(2) Therefore, the general assembly declares that it is committed to
50		-	continuing the efforts to reduce the budget stabilization factor in subsequent
51		-	budget years to the degree possible, subject to the continuing high levels of
52		-	property values and changing economic conditions.
53		-	SECTION 2. In Colorado Revised Statutes, 22-54-104, add
54		-	(5)(a)(XXIX) and (5)(g)(I)(M) as follows:
55		-	22-54-104. District total program - definitions. (5) For purposes
56		-	of the formulas used in this section:
	14	+	ONCERNING THE FINANCING OF PUBLIC SCHOOLS , AND, IN101
	15	+	CONNECTION THEREWITH , MAKING AN APPROPRIATION . 102
	16	+	Bill Summary
	17	+	(Note: This summary applies to this bill as introduced and does
	18	+	not reflect any amendments that may be subsequently adopted. If this bill
	19	+	passes third reading in the house of introduction, a bill summary that
	20	+	applies to the reengrossed version of this bill will be available at
	21	+	http://leg.colorado.gov
	22	+	.)
	23	+	Section 1 of the bill finds that current economic conditions have
	24	+	increased the amount of revenue available to the state for the 2022-23
	25	+	budget year, allowing the state to increase the amount of appropriation for
	26	+	the state's share of total program funding for school districts and institute
	27	+	charter schools, thereby mitigating the impact of the budget stabilization
	28	+	factor. Additionally, it finds there is uncertainty concerning the continuity
	29	+	SENATE
	30	+	3rd Reading Unamended
	31	+	May 6, 2022
	32	+	SENATE
	33	+	Amended 2nd Reading
	34	+	May 5, 2022
	35	+	HOUSE
	36	+	3rd Reading Unamended
	37	+	April 27, 2022
	38	+	HOUSE
	39	+	Amended 2nd Reading
	40	+	April 26, 2022
	41	+	HOUSE SPONSORSHIP
	42	+	McCluskie and McLachlan, Amabile, Bacon, Bernett, Bird, Boesenecker, Caraveo,
	43	+	Cutter, Daugherty, Duran, Esgar, Exum, Froelich, Garnett, Gonzales-Gutierrez, Herod,
	44	+	Hooton, Jodeh, Kipp, Lindsay, Lontine, McCormick, Michaelson Jenet, Mullica, Ortiz, Ricks,
	45	+	Roberts, Sirota, Snyder, Titone, Valdez A., Valdez D., Weissman, Young
	46	+	SENATE SPONSORSHIP
	47	+	Zenzinger and Lundeen, Bridges, Buckner, Coleman, Cooke, Donovan, Fenberg, Fields,
	48	+	Gardner, Ginal, Gonzales, Hansen, Hinrichsen, Hisey, Holbert, Jaquez Lewis, Kirkmeyer,
	49	+	Kolker, Lee, Liston, Moreno, Pettersen, Scott, Simpson, Sonnenberg, Story, Winter,
	50	+	Woodward
	51	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	52	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	53	+	Dashes through the words indicate deletions from existing statute. and longevity of these current economic conditions and the reliability of
	54	+	continuing high property values and increased revenue.
	55	+	Section 2 of the bill:
	56	+	! Increases the statewide base per pupil funding for the
	57	+	2022-23 budget year by $252.88, to account for inflation of
	58	+	3.5%, to a new statewide base per pupil funding amount of
	59	+	$7,478.16; and
	60	+	! Sets the total program funding for the 2022-23 budget year
	61	+	for all school districts and institute charter schools after
	62	+	application of the budget stabilization factor to not less
	63	+	than $8,420,114,162.
	64	+	Section 3 of the bill permits a public school one additional year to
	65	+	discontinue the prohibited use of an American Indian mascot if the public
	66	+	school was first notified of the prohibited use on or after January 1, 2022.
	67	+	Section 4 of the bill extends by one year the requirement for a
	68	+	board of cooperative services (BOCES) to obtain written permission from
	69	+	the school district in which a school operates or is located if the BOCES
	70	+	intends to authorize the school and the school is physically located within
	71	+	the geographic boundaries of a school district that is not a member of the
	72	+	BOCES.
	73	+	Section 5 of the bill extends by one year the ability for local
	74	+	education providers to carry forward more than 15% of per-pupil
	75	+	intervention money received pursuant to the "Colorado READ Act".
	76	+	Sections 6 and 7 of the bill extend by one year the local
	77	+	accountability system grant program and the requirement that the
	78	+	department of education (department) contract with an external evaluator
	79	+	to evaluate the implementation of the local accountability systems. The
	80	+	bill makes an appropriation for this evaluation.
	81	+	Section 8 of the bill extends by one year the completion of the
	82	+	pilot program to develop and use screening and identification processes
	83	+	and intervention strategies for early identification of and support for
	84	+	students enrolled in kindergarten through third grade who may have
	85	+	dyslexia.
	86	+	Section 9 of the bill states that, if a school district permits a
	87	+	student whose parent or guardian is a resident of the state but not a
	88	+	resident of the district to attend school in the district, the school district
	89	+	shall not require the parent, guardian, or student to pay tuition to attend
	90	+	school in the district, regardless of when during the school year, or under
	91	+	what circumstances, the student enrolls in or attends school in the district.
	92	+	Section 10 of the bill authorizes financial assistance through the
	93	+	educator recruitment and retention program to be used for applicants
	94	+	agreeing to teach for 3 years in educator shortage areas in the state.
	95	+	Section 11 of the bill permits a vendor that contracts with the
	96	+	department to develop a quality teacher recruitment program, and
	97	+	commits to satisfying the requirement to match 100% of the money paid
	98	+	1390
	99	+	-2- by the department for the contract through gifts, grants, or donations from
	100	+	private donors, to also accept gifts, grants and donations from school
	101	+	districts.
	102	+	Section 12 of the bill removes the department's authority to
	103	+	annually reallocate money among participating schools under the local
	104	+	school food purchasing program.
	105	+	Sections 13 to 16 of the bill extend by one year the K-5 social and
	106	+	emotional health pilot program and amend the requirements for school
	107	+	mental health professionals participating in the pilot program.
	108	+	Section 17 of the bill permits 20% of the money appropriated for
	109	+	the Colorado imagination library program to be used by the contractor for
	110	+	operating costs.
	111	+	Section 18 of the bill requires the state auditor to grant an
	112	+	extension of the time to meet auditing requirements for the 2021-22
	113	+	budget year for rural and small rural school districts that can demonstrate
	114	+	difficulty in retaining an auditor, in lieu of prohibiting the release of tax
	115	+	revenue for the school districts.
	116	+	Be it enacted by the General Assembly of the State of Colorado:1
	117	+	SECTION 1. Legislative declaration. (1) The general assembly2
	118	+	finds and declares that:3
	119	+	(a) The annual total program funding of Colorado's schools is a4
	120	+	collaborative effort between school districts and the state;5
	121	+	(b) In recent years, the stabilization of the state budget has6
	122	+	required a reduction in the amount of the annual appropriation to fund the7
	123	+	state's share of total program funding for all school districts and institute8
	124	+	charter schools. This reduction is commonly referred to as the "budget9
	125	+	stabilization factor".10
	126	+	(c) The school districts' share of total program funding is11
	127	+	primarily derived from nonresidential and residential property tax12
	128	+	revenue. Colorado's current economic conditions, which are driving13
	129	+	significant increases in property values, are generally increasing the14
	130	+	school districts' share of total program funding and consequently15
	131	+	decreasing the state's share of total program funding.16
	132	+	1390-3- (d) The current economic conditions have also increased the1
	133	+	amount of revenue available to the state for the 2022-23 budget year,2
	134	+	allowing the state to significantly increase the amount of appropriation for3
	135	+	the state's share of total program funding for school districts and institute4
	136	+	charter schools, thereby mitigating the impact of the budget stabilization5
	137	+	factor; and6
	138	+	(e) There is, however, a great deal of uncertainty concerning the7
	139	+	continuity and longevity of these current economic conditions and8
	140	+	whether high property values and increased revenue will continue.9
	141	+	(2) Therefore, the general assembly declares that it is committed10
	142	+	to continuing the efforts to reduce the budget stabilization factor in11
	143	+	subsequent budget years to the degree possible, subject to the continuing12
	144	+	high levels of property values and changing economic conditions.13
	145	+	SECTION 2. In Colorado Revised Statutes, 22-54-104, add14
	146	+	(5)(a)(XXIX) and (5)(g)(I)(M) as follows:15
	147	+	22-54-104. District total program - definitions. (5) For16
	148	+	purposes of the formulas used in this section:17
57	149		(a) (XXIX) F
58		-	OR THE 2022-23 BUDGET YEAR, THE STATEWIDE BASE
59		-	PER PUPIL FUNDING IS
60		-	$7,478.16, WHICH IS AN AMOUNT EQUAL TO $7,225.28,
61		-	SUPPLEMENTED BY $252.88 TO ACCOUNT FOR INFLATION.
62		-	(g) (I) For the 2010-11 budget year and each budget year thereafter,
63		-	the general assembly determines that stabilization of the state budget
64		-	PAGE 2-HOUSE BILL 22-1390 requires a reduction in the amount of the annual appropriation to fund the
65		-	state's share of total program funding for all districts and the funding for
66		-	institute charter schools. The department of education shall implement the
67		-	reduction in total program funding through the application of a budget
68		-	stabilization factor as provided in this subsection (5)(g)(I). For the 2010-11
69		-	budget year and each budget year thereafter, the department of education
70		-	and the staff of the legislative council shall determine, based on budget
71		-	projections, the amount of such reduction to ensure the following:
	150	+	OR THE 2022-23 BUDGET YEAR, THE STATEWIDE BASE18
	151	+	PER PUPIL FUNDING IS $7,478.16, WHICH IS AN AMOUNT EQUAL TO19
	152	+	$7,225.28,
	153	+	SUPPLEMENTED BY $252.88 TO ACCOUNT FOR INFLATION.20
	154	+	(g) (I) For the 2010-11 budget year and each budget year21
	155	+	thereafter, the general assembly determines that stabilization of the state22
	156	+	budget requires a reduction in the amount of the annual appropriation to23
	157	+	fund the state's share of total program funding for all districts and the24
	158	+	funding for institute charter schools. The department of education shall25
	159	+	implement the reduction in total program funding through the application26
	160	+	of a budget stabilization factor as provided in this subsection (5)(g)(I).27
	161	+	1390
	162	+	-4- For the 2010-11 budget year and each budget year thereafter, the1
	163	+	department of education and the staff of the legislative council shall2
	164	+	determine, based on budget projections, the amount of such reduction to3
	165	+	ensure the following:4
72	166		(M) T
73		-	HAT, FOR THE 2022-23 BUDGET YEAR, THE SUM OF THE TOTAL
74		-	PROGRAM FUNDING FOR ALL DISTRICTS
75		-	, INCLUDING THE FUNDING FOR
76		-	INSTITUTE CHARTER SCHOOLS
77		-	, AFTER APPLICATION OF THE BUDGET
78		-	STABILIZATION FACTOR
79		-	, IS NOT LESS THAN EIGHT BILLION FOUR HUNDRED
80		-	TWENTY
81		-	-TWO MILLION TWO HUNDRED SIXTEEN THOUSAND ONE HUNDRED
82		-	FIFTY
83		-	-NINE DOLLARS ($8,422,216,159); EXCEPT THAT THE DEPARTMENT OF
84		-	EDUCATION AND THE STAFF OF THE LEGISLATIVE COUNCIL SHALL MAKE
85		-	MID
86		-	-YEAR REVISIONS TO REPLACE PROJECTIONS WITH ACTUAL FIGURES ,
87		-	INCLUDING BUT NOT LIMITED TO ACTUAL PUPIL ENROLLMENT , ASSESSED
88		-	VALUATIONS
89		-	, AND SPECIFIC OWNERSHIP TAX REVENUE FROM THE PRIOR
90		-	YEAR
91		-	, TO DETERMINE ANY NECESSARY CHANGES IN THE AMOUNT OF THE
92		-	REDUCTION TO MAINTAIN A TOTAL PROGRAM FUNDING AMOUNT FOR THE
93		-	APPLICABLE BUDGET YEAR THAT IS CONSISTENT WITH THIS SUBSECTION
94		-	(5)(g)(I)(M). FOR THE 2023-24 BUDGET YEAR, THE DIFFERENCE BETWEEN
95		-	CALCULATED STATEWIDE TOTAL PROGRAM FUNDING AND ACTUAL
96		-	STATEWIDE TOTAL PROGRAM FUNDING MUST NOT EXCEED THE DIFFERENCE
97		-	BETWEEN CALCULATED STATEWIDE TOTAL PROGRAM FUNDING AND ACTUAL
98		-	STATEWIDE TOTAL PROGRAM FUNDING FOR THE
99		-	2022-23 BUDGET YEAR.
100		-	SECTION 3. In Colorado Revised Statutes, 22-1-133, add (6) as
101		-	follows:
102		-	22-1-133. Prohibition on use of American Indian mascots -
	167	+	HAT, FOR THE 2022-23 BUDGET YEAR, THE SUM OF THE5
	168	+	TOTAL PROGRAM FUNDING FOR ALL DISTRICTS , INCLUDING THE FUNDING6
	169	+	FOR INSTITUTE CHARTER SCHOOLS , AFTER APPLICATION OF THE BUDGET7
	170	+	STABILIZATION FACTOR, IS NOT LESS THAN
	171	+	EIGHT BILLION FOUR HUNDRED8
	172	+	TWENTY-TWO MILLION TWO HUNDRED SIXTEEN THOUSAND ONE HUNDRED9
	173	+	FIFTY-NINE DOLLARS ($8,422,216,159); EXCEPT THAT THE DEPARTMENT10
	174	+	OF EDUCATION AND THE STAFF OF THE LEGISLATIVE COUNCIL SHALL MAKE11
	175	+	MID-YEAR REVISIONS TO REPLACE PROJECTIONS WITH ACTUAL FIGURES ,12
	176	+	INCLUDING BUT NOT LIMITED TO ACTUAL PUPIL ENROLLMENT , ASSESSED13
	177	+	VALUATIONS, AND SPECIFIC OWNERSHIP TAX REVENUE FROM THE PRIOR14
	178	+	YEAR, TO DETERMINE ANY NECESSARY CHANGES IN THE AMOUNT OF THE15
	179	+	REDUCTION TO MAINTAIN A TOTAL PROGRAM FUNDING AMOUNT FOR THE16
	180	+	APPLICABLE BUDGET YEAR THAT IS CONSISTENT WITH THIS SUBSECTION17
	181	+	(5)(g)(I)(M). F
	182	+	OR THE 2023-24 BUDGET YEAR, THE DIFFERENCE BETWEEN18
	183	+	CALCULATED STATEWIDE TOTAL PROGRAM FUNDING AND ACTUAL19
	184	+	STATEWIDE TOTAL PROGRAM FUNDING MUST NOT EXCEED THE DIFFERENCE20
	185	+	BETWEEN CALCULATED STATEWIDE TOTAL PROGRAM FUNDING AND21
	186	+	ACTUAL STATEWIDE TOTAL PROGRAM FUNDING FOR THE 2022-23 BUDGET22
	187	+	YEAR.23
	188	+	SECTION 3. In Colorado Revised Statutes, 22-1-133, add (6) as24
	189	+	follows:25
	190	+	22-1-133. Prohibition on use of American Indian mascots -26
103	191		exemptions - definitions. (6) (a) N
104		-	OTWITHSTANDING THE PROVISIONS OF
105		-	THIS SECTION TO THE CONTRARY
106		-	, A PUBLIC SCHOOL IN THE STATE IS
107		-	PROHIBITED FROM USING AN
108		-	AMERICAN INDIAN MASCOT ONE YEAR AFTER
109		-	NOTIFICATION BY THE COMMISSION
110		-	, IN COORDINATION WITH THE
111		-	DEPARTMENT OF EDUCATION
112		-	, IF:
	192	+	OTWITHSTANDING THE PROVISIONS OF27
	193	+	1390
	194	+	-5- THIS SECTION TO THE CONTRARY , A PUBLIC SCHOOL IN THE STATE IS1
	195	+	PROHIBITED FROM USING AN AMERICAN INDIAN MASCOT ONE YEAR AFTER2
	196	+	NOTIFICATION BY THE COMMISSION , IN COORDINATION WITH THE3
	197	+	DEPARTMENT OF EDUCATION , IF:4
113	198		(I)
114		-	THE PUBLIC SCHOOL ~~WAS IN EXISTENCE AND~~ USING AN AMERICAN
115		-	~~INDIAN MASCOT AS OF JUNE 28, 2021;~~
116		-	~~PAGE 3-HOUSE BILL 22-1390 (II) THE~~ PUBLIC SCHOOL DOES NOT MEET THE CRITERIA FOR AN
117		-	EXEMPTION AS OUTLINED IN SUBSECTION
118		-	~~(2)(b) OF THIS SECTION;~~
	199	+	THE PUBLIC SCHOOL IS USING AN AMERICAN INDIAN MASCOT;5
	200	+	(II) T
	201	+	HE PUBLIC SCHOOL DOES NOT MEET THE CRITERIA FOR AN6
	202	+	EXEMPTION AS OUTLINED IN SUBSECTION (2)(b) OF THIS SECTION; AND
	203	+	7
119	204		(III) T
120		-	HE PUBLIC SCHOOL WAS NOT IDENTIFIED PURSUANT TO
121		-	SUBSECTION
122		-	(4)(a) OF THIS SECTION; AND
123		-	(IV) THE SCHOOL DISTRICT OF THE PUBLIC SCHOOL OR, IN THE CASE
124		-	OF AN INSTITUTE CHARTER SCHOOL
125		-	, THE STATE CHARTER SCHOOL INSTITUTE
126		-	IS FIRST NOTIFIED ON OR AFTER
127		-	MAY 1, 2022, BY THE COMMISSION, IN
128		-	COORDINATION WITH THE DEPARTMENT OF EDUCATION
129		-	, THAT IT IS USING AN
130		-	AMERICAN INDIAN MASCOT IN VIOLATION OF SUBSECTION (2) OF THIS
131		-	SECTION
132		-	.
	205	+	HE PUBLIC SCHOOL WAS NOT IDENTIFIED PURSUANT TO8
	206	+	SUBSECTION (4)(a) OF THIS SECTION.
	207	+	9
133	208		(b) W
134		-	HEN A PUBLIC SCHOOL DESCRIBED PURSUANT TO SUBSECTION
135		-	(6)(a) OF THIS SECTION DISCONTINUES ITS USE OF AN AMERICAN INDIAN
136		-	MASCOT PRIOR TO THE ONE
137		-	-YEAR DEADLINE AFTER NOTIFICATION BY THE
138		-	COMMISSION
139		-	, IN COORDINATION WITH THE DEPARTMENT OF EDUCATION , THE
140		-	PUBLIC SCHOOL SHALL NOTIFY ITS SCHOOL DISTRICT OR
141		-	, IN THE CASE OF AN
142		-	INSTITUTE CHARTER SCHOOL
143		-	, THE STATE CHARTER SCHOOL INSTITUTE, THE
144		-	COMMISSION
145		-	, AND THE DEPARTMENT OF EDUCATION , OF THE
146		-	DISCONTINUATION
147		-	.
	209	+	HEN A PUBLIC SCHOOL DESCRIBED PURSUANT TO SUBSECTION10
	210	+	(6)(a)
	211	+	OF THIS SECTION DISCONTINUES ITS USE OF AN AMERICAN INDIAN11
	212	+	MASCOT PRIOR TO THE ONE-YEAR DEADLINE AFTER NOTIFICATION BY THE
	213	+	12
	214	+	COMMISSION, IN COORDINATION WITH THE DEPARTMENT OF EDUCATION ,13
	215	+	THE PUBLIC SCHOOL SHALL NOTIFY ITS SCHOOL DISTRICT OR , IN THE CASE14
	216	+	OF AN INSTITUTE CHARTER SCHOOL , THE STATE CHARTER SCHOOL15
	217	+	INSTITUTE, THE COMMISSION, AND THE DEPARTMENT OF EDUCATION , OF16
	218	+	THE DISCONTINUATION.17
148	219		(c) F
149		-	OR EACH MONTH DURING WHICH A PUBLIC SCHOOL DESCRIBED
150		-	PURSUANT TO SUBSECTION
151		-	(6)(a) OF THIS SECTION USES AN AMERICAN
152		-	INDIAN MASCOT AFTER THE ONE -YEAR DEADLINE AFTER NOTIFICATION BY
153		-	THE COMMISSION
154		-	, IN COORDINATION WITH THE DEPARTMENT OF EDUCATION ,
155		-	THE SCHOOL DISTRICT OF THE PUBLIC SCHOOL OR , IN THE CASE OF AN
156		-	INSTITUTE CHARTER SCHOOL
157		-	, THE STATE CHARTER SCHOOL INSTITUTE ,
158		-	SHALL PAY A FINE OF TWENTY -FIVE THOUSAND DOLLARS TO THE STATE
159		-	TREASURER
160		-	, WHO SHALL CREDIT THE MONEY RECEIVED TO THE STATE
161		-	EDUCATION FUND CREATED IN SECTION
162		-	17 (4) OF ARTICLE IX OF THE STATE
163		-	CONSTITUTION
164		-	.
165		-	SECTION 4. In Colorado Revised Statutes, 22-5-111, amend (4)
166		-	as follows:
167		-	22-5-111. Buildings a nd facilities - repeal.
168		-	(4) (a) Notwithstanding any provision of this article 5 to the contrary,
169		-	during the 2021-22 state fiscal year
170		-	FROM JULY 1, 2021, THROUGH
171		-	DECEMBER 31, 2022, before authorizing a full-time school or an additional
172		-	PAGE 4-HOUSE BILL 22-1390 location of an existing school that is physically located within the
173		-	geographic boundaries of a school district that is not a member of the board
174		-	of cooperative services, a board of cooperative services must obtain written
175		-	consent from such school district.
176		-	(b) The requirement for written consent set forth in subsection (4)(a)
177		-	of this section does not apply to a school authorized or operating prior to
178		-	June 11, 2021, so long as the school continues to operate for the 2021-22
179		-	school year THROUGH DECEMBER 31, 2022.
180		-	(c) This subsection (4) is repealed, effective July 1, 2022 2023.
181		-	SECTION 5. In Colorado Revised Statutes, 22-7-1210.5, amend
182		-	(6)(b)(II) as follows:
183		-	22-7-1210.5. Per-pupil intervention money - uses - distribution
184		-	- monitoring - repeal. (6) (b) (II) (A) Notwithstanding the provisions of
185		-	subsection (6)(b)(I) of this section, a local education provider may retain
186		-	more than fifteen percent of the amount of per-pupil intervention money
187		-	received in the 2020-21 budget year
188		-	AND 2021-22 BUDGET YEARS for use in
189		-	accordance with this section in the 2021-22
190		-	AND 2022-23 budget yearYEARS, RESPECTIVELY.
191		-	(B) This subsection (6)(b)(II) is repealed, effective July 1, 2022
192		-	2023.
193		-	SECTION 6. In Colorado Revised Statutes, 22-11-703, amend
194		-	(5)(b) as follows:
195		-	22-11-703. Local accountability system - grant program
196		-	established - repeal. (5) (b) (I) The amount of a grant awarded pursuant
197		-	to this section must be at least twenty-five thousand dollars per budget year
198		-	but must not exceed fifty thousand dollars per budget year for a grant
199		-	awarded to a single local education provider and must not exceed
200		-	seventy-five thousand dollars per budget year for a grant awarded to a group
201		-	of local education providers. The department shall distribute the amount of
202		-	each grant over three budget years.
	220	+	OR EACH MONTH DURING WHICH A PUBLIC SCHOOL DESCRIBED18
	221	+	PURSUANT TO SUBSECTION (6)(a) OF THIS SECTION USES AN AMERICAN19
	222	+	I
	223	+	NDIAN MASCOT AFTER THE ONE-YEAR DEADLINE AFTER NOTIFICATION BY
	224	+	20
	225	+	THE COMMISSION, IN COORDINATION WITH THE DEPARTMENT OF21
	226	+	EDUCATION, THE SCHOOL DISTRICT OF THE PUBLIC SCHOOL OR , IN THE22
	227	+	CASE OF AN INSTITUTE CHARTER SCHOOL , THE STATE CHARTER SCHOOL23
	228	+	INSTITUTE, SHALL PAY A FINE OF TWENTY-FIVE THOUSAND DOLLARS TO24
	229	+	THE STATE TREASURER, WHO SHALL CREDIT THE MONEY RECEIVED TO THE25
	230	+	STATE EDUCATION FUND CREATED IN SECTION 17 (4) OF ARTICLE IX OF26
	231	+	THE STATE CONSTITUTION.27
	232	+	1390
	233	+	-6- SECTION 4. In Colorado Revised Statutes, 22-5-111, amend (4)1
	234	+	as follows:2
	235	+	22-5-111. Buildings and facilities - repeal.3
	236	+	(4) (a) Notwithstanding any provision of this article 5 to the contrary,4
	237	+	during the 2021-22 state fiscal year FROM JULY 1, 2021, THROUGH5
	238	+	DECEMBER 31, 2022, before authorizing a full-time school or an6
	239	+	additional location of an existing school that is physically located within7
	240	+	the geographic boundaries of a school district that is not a member of the8
	241	+	board of cooperative services, a board of cooperative services must obtain9
	242	+	written consent from such school district.10
	243	+	(b) The requirement for written consent set forth in subsection11
	244	+	(4)(a) of this section does not apply to a school authorized or operating12
	245	+	prior to June 11, 2021, so long as the school continues to operate for the13
	246	+	2021-22 school year THROUGH DECEMBER 31, 2022.14
	247	+	(c) This subsection (4) is repealed, effective July 1, 2022 2023.15
	248	+	SECTION 5. In Colorado Revised Statutes, 22-7-1210.5, amend16
	249	+	(6)(b)(II) as follows:17
	250	+	22-7-1210.5. Per-pupil intervention money - uses - distribution18
	251	+	- monitoring - repeal. (6) (b) (II) (A) Notwithstanding the provisions of19
	252	+	subsection (6)(b)(I) of this section, a local education provider may retain20
	253	+	more than fifteen percent of the amount of per-pupil intervention money21
	254	+	received in the 2020-21 budget year AND 2021-22 BUDGET YEARS for use22
	255	+	in accordance with this section in the 2021-22
	256	+	AND 2022-23 budget year
	257	+	23
	258	+	YEARS, RESPECTIVELY.24
	259	+	(B) This subsection (6)(b)(II) is repealed, effective July 1, 202225
	260	+	2023.26
	261	+	SECTION 6. In Colorado Revised Statutes, 22-11-703, amend27
	262	+	1390
	263	+	-7- (5)(b) as follows:1
	264	+	22-11-703. Local accountability system - grant program2
	265	+	established - repeal. (5) (b) (I) The amount of a grant awarded pursuant3
	266	+	to this section must be at least twenty-five thousand dollars per budget4
	267	+	year but must not exceed fifty thousand dollars per budget year for a grant5
	268	+	awarded to a single local education provider and must not exceed6
	269	+	seventy-five thousand dollars per budget year for a grant awarded to a7
	270	+	group of local education providers. The department shall distribute the8
	271	+	amount of each grant over three budget years.9
203	272		(II) (A) N
204		-	OTWITHSTANDING ANY PROVISIONS OF SUBSECTION
205		-	(5)(b)(I) OF THIS SECTION TO THE CONTRARY , AS A RESULT OF THE
206		-	PAGE 5-HOUSE BILL 22-1390 SUSPENSION OF FUNDING FOR THE LOCAL ACCOUNTABILITY SYSTEM GRANT
207		-	PROGRAM DURING THE
208		-	2020-21 BUDGET YEAR, THE 2020-21 BUDGET YEAR
209		-	IS NOT INCLUDED IN DETERMINING THE THREE BUDGET YEARS FOR GRANT
210		-	DISTRIBUTION
211		-	.
	273	+	OTWITHSTANDING ANY PROVISIONS OF SUBSECTION10
	274	+	(5)(b)(I)
	275	+	OF THIS SECTION TO THE CONTRARY , AS A RESULT OF THE11
	276	+	SUSPENSION OF FUNDING FOR THE LOCAL ACC OUNTABILITY SYSTEM GRANT12
	277	+	PROGRAM DURING THE 2020-21 BUDGET YEAR, THE 2020-21 BUDGET YEAR13
	278	+	IS NOT INCLUDED IN DETERMINING THE THREE BUDGET YEARS FOR GRANT14
	279	+	DISTRIBUTION.15
212	280		(B) T
213		-	HIS SUBSECTION (5)(b)(II) IS REPEALED, EFFECTIVE JULY 1,
214		-	2024.
215		-	SECTION 7. In Colorado Revised Statutes, 22-11-705, amend
216		-	(5)(a) as follows:
217		-	22-11-705. Local accountability systems - report. (5) (a) (I) In the
218		-	third year of the grant program, the department shall contract with an
219		-	external evaluator, which may be a state institution of higher education, to
220		-	prepare a summary evaluation report of the implementation of the local
221		-	accountability systems that receive grants. The evaluation must, at a
222		-	minimum, include an evaluation of the success of each local accountability
223		-	system in evaluating student success and the processes for ensuring a cycle
224		-	of continuous improvement within the public schools of the participating
225		-	local education providers. At the annual meeting held pursuant to
226		-	subsection (1) of this section at the end of the first year of the grant
227		-	program, the department, participating local education providers, and the
228		-	accountability system partners shall identify the goals, tools, and measures
229		-	to be addressed by the summary evaluation report. The data used for the
230		-	summary evaluation report must include qualitative and quantitative
231		-	measures.
	281	+	HIS SUBSECTION (5)(b)(II) IS REPEALED, EFFECTIVE JULY 1,16
	282	+	2024.17
	283	+	SECTION 7. In Colorado Revised Statutes, 22-11-705, amend18
	284	+	(5)(a) as follows:19
	285	+	22-11-705. Local accountability systems - report. (5) (a) (I) In20
	286	+	the third year of the grant program, the department shall contract with an21
	287	+	external evaluator, which may be a state institution of higher education,22
	288	+	to prepare a summary evaluation report of the implementation of the local23
	289	+	accountability systems that receive grants. The evaluation must, at a24
	290	+	minimum, include an evaluation of the success of each local25
	291	+	accountability system in evaluating student success and the processes for26
	292	+	ensuring a cycle of continuous improvement within the public schools of27
	293	+	1390
	294	+	-8- the participating local education providers. At the annual meeting held1
	295	+	pursuant to subsection (1) of this section at the end of the first year of the2
	296	+	grant program, the department, participating local education providers,3
	297	+	and the accountability system partners shall identify the goals, tools, and4
	298	+	measures to be addressed by the summary evaluation report. The data5
	299	+	used for the summary evaluation report must include qualitative and6
	300	+	quantitative measures.7
232	301		(II) N
233		-	OTWITHSTANDING THE PROVISIONS OF SUBSECTION (5)(a)(I) OF
234		-	THIS SECTION TO THE CONTRARY
235		-	, AS A RESULT OF THE SUSPENSION OF
236		-	FUNDING FOR THE LOCAL ACCOUNTABILITY SYSTEM GRANT PROGRAM
237		-	DURING THE
238		-	2020-21 BUDGET YEAR, THE 2020-21 BUDGET YEAR IS NOT
239		-	CONSIDERED A GRANT PROGRAM YEAR FOR PURPOSES OF DETERMINING THE
240		-	THIRD YEAR OF THE GRANT PROGRAM
241		-	.
242		-	SECTION 8. In Colorado Revised Statutes, 22-20.5-104, amend
243		-	(3), (4), and (5) as follows:
244		-	22-20.5-104. Pilot program - dyslexia markers - effective
245		-	interventions - created - evaluation report - repeal. (3) At the end of the
246		-	2021-22 2022-23 school year, the department shall evaluate the
247		-	PAGE 6-HOUSE BILL 22-1390 implementation of the pilot program and the effectiveness of the strategies
248		-	in identifying and supporting more students in the participating local
249		-	education providers than were identified and supported in nonparticipating
250		-	local education providers. Based on the evaluation, the department shall
251		-	refine the resources for technical support, identification, and interventions,
252		-	as necessary, and disseminate the resources to all local education providers
253		-	in the state. Upon request, the department shall also provide the technical
254		-	support necessary to effectively use the resources.
255		-	(4) On or before December 31, 2022
256		-	2023, the department shall
257		-	submit to the state board of education and the education committees of the
258		-	senate and the house of representatives, or any successor committees, a
259		-	report concerning the implementation and evaluation of the pilot program.
260		-	The department may include in the report any recommendations for
261		-	legislation that the department deems necessary based on the evaluation of
262		-	the pilot program.
263		-	(5) This section is repealed, effective July 1, 2023
264		-	2024.
265		-	SECTION 9. In Colorado Revised Statutes, 22-36-101, amend
266		-	(2)(a) as follows:
267		-	22-36-101. Choice of programs and schools within school
268		-	districts. (2) (a) Every school district shall adopt such policies and
269		-	procedures as are reasonable and necessary to implement the provisions of
270		-	subsection (1) of this section, including, but not limited to, timelines for
271		-	application to and acceptance in any program or school which
272		-	THAT may
273		-	provide for enrollment of the student on or before the pupil enrollment
274		-	count day, and, while adopting policies and procedures, the school district
275		-	shall consider adopting a policy establishing that an applicant with a
276		-	proficiency rating of unsatisfactory in one or more academic areas who
277		-	attends a public school that is required to implement a turnaround plan
278		-	pursuant to section 22-11-406 or that is subject to restructuring pursuant to
279		-	section 22-11-210 shall have priority over any other applicant for
280		-	enrollment purposes. I
281		-	F A SCHOOL DISTRICT PERMITS A STUDENT WHOSE
282		-	PARENT OR GUARDIAN IS A RESIDENT OF THE STATE BUT NOT A RESIDENT OF
283		-	THE DISTRICT TO ATTEND SCHOOL IN THE DISTRICT
284		-	, THE SCHOOL DISTRICT
285		-	SHALL NOT REQUIRE THE PARENT
286		-	, GUARDIAN, OR STUDENT TO PAY TUITION
287		-	TO ATTEND SCHOOL IN THE DISTRICT
288		-	, REGARDLESS OF WHEN DURING THE
289		-	SCHOOL YEAR
290		-	, OR UNDER WHAT CIRCUMSTANCES , THE STUDENT ENROLLS IN
291		-	PAGE 7-HOUSE BILL 22-1390 OR ATTENDS SCHOOL IN THE DISTRICT.
292		-	SECTION 10. In Colorado Revised Statutes, 22-54-117, add
293		-	(1)(a)(IX) as follows:
294		-	22-54-117. Contingency reserve - fund - repeal. (1) (a) For the
295		-	2007-08 fiscal year and fiscal years thereafter, the general assembly shall
296		-	annually determine the amount to appropriate to the contingency reserve
297		-	fund, which is hereby created in the state treasury. In deciding the amount
298		-	to appropriate to the contingency reserve fund, the general assembly may
299		-	take into consideration any recommendations made by the department of
300		-	education, but nothing in this section obligates the general assembly to
301		-	provide supplemental assistance to all districts that are found to be in need
302		-	or to fully fund the total amount of such need. The state board may approve
303		-	and order payments from the contingency reserve fund for supplemental
304		-	assistance to districts determined to be in need as the result of any or all of
305		-	the following circumstances:
	302	+	OTWITHSTANDING THE PROVISIONS OF SUBSECTION (5)(a)(I)8
	303	+	OF THIS SECTION TO THE CONTRARY, AS A RESULT OF THE SUSPENSION OF9
	304	+	FUNDING FOR THE LOCAL ACCOUNTABILITY SYSTEM GRANT PROGRAM10
	305	+	DURING THE 2020-21 BUDGET YEAR, THE 2020-21 BUDGET YEAR IS NOT11
	306	+	CONSIDERED A GRANT PROGRAM YEAR FOR PURPOSES OF DETERMINING12
	307	+	THE THIRD YEAR OF THE GRANT PROGRAM .13
	308	+	SECTION 8. In Colorado Revised Statutes, 22-20.5-104, amend14
	309	+	(3), (4), and (5) as follows:15
	310	+	22-20.5-104. Pilot program - dyslexia markers - effective16
	311	+	interventions - created - evaluation report - repeal. (3) At the end of17
	312	+	the 2021-22
	313	+	2022-23 school year, the department shall evaluate the18
	314	+	implementation of the pilot program and the effectiveness of the19
	315	+	strategies in identifying and supporting more students in the participating20
	316	+	local education providers than were identified and supported in21
	317	+	nonparticipating local education providers. Based on the evaluation, the22
	318	+	department shall refine the resources for technical support, identification,23
	319	+	and interventions, as necessary, and disseminate the resources to all local24
	320	+	education providers in the state. Upon request, the department shall also25
	321	+	provide the technical support necessary to effectively use the resources.26
	322	+	(4) On or before December 31, 2022 2023, the department shall27
	323	+	1390
	324	+	-9- submit to the state board of education and the education committees of1
	325	+	the senate and the house of representatives, or any successor committees,2
	326	+	a report concerning the implementation and evaluation of the pilot3
	327	+	program. The department may include in the report any recommendations4
	328	+	for legislation that the department deems necessary based on the5
	329	+	evaluation of the pilot program.6
	330	+	(5) This section is repealed, effective July 1, 2023 2024.7
	331	+	SECTION 9. In Colorado Revised Statutes, 22-36-101, amend8
	332	+	(2)(a) as follows:9
	333	+	22-36-101. Choice of programs and schools within school10
	334	+	districts. (2) (a) Every school district shall adopt such policies and11
	335	+	procedures as are reasonable and necessary to implement the provisions12
	336	+	of subsection (1) of this section, including, but not limited to, timelines13
	337	+	for application to and acceptance in any program or school which THAT14
	338	+	may provide for enrollment of the student on or before the pupil15
	339	+	enrollment count day, and, while adopting policies and procedures, the16
	340	+	school district shall consider adopting a policy establishing that an17
	341	+	applicant with a proficiency rating of unsatisfactory in one or more18
	342	+	academic areas who attends a public school that is required to implement19
	343	+	a turnaround plan pursuant to section 22-11-406 or that is subject to20
	344	+	restructuring pursuant to section 22-11-210 shall have priority over any21
	345	+	other applicant for enrollment purposes. I
	346	+	F A SCHOOL DISTRICT PERMITS22
	347	+	A STUDENT WHOSE PARENT OR GUARDIAN IS A RESIDENT OF THE STATE BUT23
	348	+	NOT A RESIDENT OF THE DISTRICT TO ATTEND SCHOOL IN THE DISTRICT ,24
	349	+	THE SCHOOL DISTRICT SHALL NOT REQUIRE THE PARENT , GUARDIAN, OR25
	350	+	STUDENT TO PAY TUITION TO ATTEND SCHOOL IN THE DISTRICT ,26
	351	+	REGARDLESS OF WHEN DURING THE SCHOOL YEAR , OR UNDER WHAT27
	352	+	1390
	353	+	-10- CIRCUMSTANCES, THE STUDENT ENROLLS IN OR ATTENDS SCHOOL IN THE1
	354	+	DISTRICT.2
	355	+	SECTION 10. In Colorado Revised Statutes, 22-54-117, add3
	356	+	(1)(a)(IX) as follows:4
	357	+	22-54-117. Contingency reserve - fund - repeal. (1) (a) For the5
	358	+	2007-08 fiscal year and fiscal years thereafter, the general assembly shall6
	359	+	annually determine the amount to appropriate to the contingency reserve7
	360	+	fund, which is hereby created in the state treasury. In deciding the amount8
	361	+	to appropriate to the contingency reserve fund, the general assembly may9
	362	+	take into consideration any recommendations made by the department of10
	363	+	education, but nothing in this section obligates the general assembly to11
	364	+	provide supplemental assistance to all districts that are found to be in12
	365	+	need or to fully fund the total amount of such need. The state board may13
	366	+	approve and order payments from the contingency reserve fund for14
	367	+	supplemental assistance to districts determined to be in need as the result15
	368	+	of any or all of the following circumstances:16
306	369		(IX) (A) F
307	370		OR THE 2021-22, 2022-23, AND 2023-24 BUDGET YEARS,
308		-	UNUSUAL FINANCIAL BURDEN CAUSED BY THE WITHHOLDING OF LOCAL
309		-	PROPERTY TAXES PURSUANT TO SECTION
310		-	29-1-606 (5) FOR A RURAL OR
311		-	SMALL RURAL SCHOOL DISTRICT
312		-	, AS DEFINED IN SECTION 22-7-1211 (4),
313		-	BECAUSE OF A DELAY IN FILING THE AUDIT REPORT DUE TO EXTRAORDINARY
314		-	PROBLEMS THAT COULD NOT HAVE BEEN REASONABLY FORESEEN OR
315		-	PREVENTED BY THE RURAL OR SMALL RURAL SCHOOL DISTRICT
316		-	.
	371	+	17
	372	+	UNUSUAL FINANCIAL BURDEN CAUSED BY THE WITHHOLDING OF LOCAL18
	373	+	PROPERTY TAXES PURSUANT TO SECTION 29-1-606 (5) FOR A RURAL OR19
	374	+	SMALL RURAL SCHOOL DISTRICT , AS DEFINED IN SECTION 22-7-1211 (4),20
	375	+	BECAUSE OF A DELAY IN FILING THE AUDIT REPORT DUE TO21
	376	+	EXTRAORDINARY PROBLEMS THAT COULD NOT HAVE BEEN REASONABLY22
	377	+	FORESEEN OR PREVENTED BY THE RURAL OR SMALL RURAL SCHOOL23
	378	+	DISTRICT.24
317	379		(B) T
318	380		HIS SUBSECTION (1)(a)(IX) IS REPEALED, EFFECTIVE JULY 1,
319		-	2026.
320		-	SECTION 11. In Colorado Revised Statutes, 22-54-119, add (4) as
321		-	follows:
	381	+	25
	382	+	2026.26
	383	+	SECTION 11. In Colorado Revised Statutes, 22-54-119, add (4)27
	384	+	1390
	385	+	-11- as follows:1
322	386		22-54-119. General provisions. (4) T
323	387		HE DEPARTMENT OF
324		-	~~EDUCATION SHALL ISSUE A SEPARATE SCHOOL CODE TO THE FOLLOWING~~
325		-	~~PROGRAMS~~
326		-	:
	388	+	2
	389	+	EDUCATION SHALL ISSUE A SEPARATE SCHOOL CODE TO THE FOLLOWING3
	390	+	PROGRAMS:4
327	391		(a) T
328	392		HE APEX HOMESCHOOL PROGRAM IN ST. VRAIN VALLEY
329		-	~~SCHOOL DISTRICT~~
330		-	RE-1J;
	393	+	5
	394	+	SCHOOL DISTRICT RE-1J;6
331	395		(b) T
332	396		HE OPTIONS SCHOOL IN AURORA PUBLIC SCHOOLS; AND
333		-	PAGE 8-HOUSE BILL 22-1390 (c) ANY SIMILAR STUDENT ENRICHMENT PROGRAM APPROVED FOR A
334		-	NEW CODE BY THE DEPARTMENT OF EDUCATION ON OR AFTER
335		-	MAY 21, 2022.
336		-	SECTION 12. In Colorado Revised Statutes, 22-60.3-204, amend
337		-	(1)(b) as follows:
338		-	22-60.3-204. Program eligibility - financial assistance - funding.
339		-	(1) (b) As a condition of receiving financial assistance through the
340		-	program, an applicant must agree to teach for a period of three years in a
341		-	rural or small rural school district
342		-	OR IN AN EDUCATOR SHORTAGE AREA , AS
343		-	DETERMINED BY THE STATE BOARD OF EDUCATION
344		-	. If an applicant does not
345		-	fulfill the service condition of the program, the applicant shall repay the
346		-	awarded financial assistance to the department in accordance with the rules
347		-	promulgated by the state board.
348		-	SECTION 13. In Colorado Revised Statutes, 22-94-102, amend
349		-	(2)(f) as follows:
350		-	22-94-102. Contract to create quality teacher recruitment
351		-	program. (2) In awarding a contract pursuant to subsection (1) of this
352		-	section, the department shall take into consideration the number of districts
353		-	in which the vendor will place licensed teachers, the number of licensed
354		-	teachers that the vendor will place, and the potential number of children
355		-	who will be taught by the licensed teachers. The department shall ensure
356		-	that it awards the contract to one or more vendors that satisfy the following
357		-	criteria:
358		-	(f) The vendor commits to matching no less than one hundred
359		-	percent of any moneys
360		-	MONEY that the department pays through a contract
361		-	entered into pursuant to subsection (1) of this section. A vendor that
362		-	responds to the department's solicitation for a contract issued pursuant to
363		-	subsection (1) of this section shall provide written documentation from one
364		-	or more private or corporate donors,
365		-	OR ONE OR MORE SCHOOL DISTRICTS OR
366		-	OTHER LOCAL GOVERNMENTS
367		-	, that pledge to make gifts, grants, ordonations, OR OTHER PLEDGES OF MONEY , WHICH MAY INCLUDE IMPACT
368		-	INCOME
369		-	, SUCCESS PAYMENTS, AND SPONSORSHIP AND EVENT INCOME , BUT
370		-	SHALL NOT INCLUDE MONEY RECEIVED FROM PROGRAM PARTICIPANTS
371		-	, to the
372		-	vendor that, in total, equal at least the amount that the department has
373		-	specified will be available for the purposes of a contract pursuant to
374		-	subsection (1) of this section for the applicable fiscal year. The written
375		-	PAGE 9-HOUSE BILL 22-1390 documentation must also include the date by which the vendor will receive
376		-	the gifts, grants, or donations, OR OTHER MONEY to be used in furtherance
377		-	of the requirements of this article ARTICLE 94.
378		-	SECTION 14. In Colorado Revised Statutes, 22-100-102, amend
379		-	(5)(b) as follows:
380		-	22-100-102. Local school food purchasing program - creation -
381		-	report - rules - repeal. (5) (b) The department is authorized to monitor the
382		-	school food purchasing program to ensure program integrity. and to
383		-	annually reallocate money among participating providers to maximize the
384		-	amount of the money given.
385		-	SECTION 15. In Colorado Revised Statutes, 22-102-103, amend
386		-	(4), (7), and (8) as follows:
387		-	22-102-103. Definitions. As used in this article 102, unless the
388		-	context otherwise requires:
389		-	(4) "School counselor" means a counselor holding a master's degree
390		-	in educational counseling and a professional special services license in
391		-	Colorado PERSON WITH A TEMPORARY EDUCATOR ELIGIBILITY
392		-	AUTHORIZATION ISSUED PURSUANT TO SECTION
393		-	22-60.5-111 (5) WHO IS
394		-	WORKING TO ATTAIN A SPECIAL SERVICES PROVIDER LICENSE FOR SCHOOL
395		-	COUNSELING
396		-	, OR A LICENSE ISSUED PURSUANT TO ARTICLE 60.5 OF THIS
397		-	TITLE
398		-	22 with an endorsement in school counseling, including but not
399		-	limited to the completion of course work in the areas of academic and
400		-	social-emotional development; assessment for social and emotional
401		-	concerns, including suicide prevention and intervention; crisis intervention;
402		-	social-emotional prevention programs, including character education and
403		-	violence prevention; mental health; protective factors for at-risk students;
404		-	and career awareness, exploration, and planning.
405		-	(7) "School psychologist" means a school psychologist holding a
406		-	master's degree and a professional special services license in Colorado
407		-	PERSON WITH A TEMPORARY EDUCATOR ELIGIBILITY AUTHORIZATION ISSUED
408		-	PURSUANT TO SECTION
409		-	22-60.5-111 (5) WHO IS WORKING TO ATTAIN A
410		-	SPECIAL SERVICES PROVIDER LICENSE AS A SCHOOL PSYCHOLOGIST
411		-	, OR A
412		-	LICENSE ISSUED PURSUANT TO ARTICLE
413		-	60.5 OF THIS TITLE 22 with a school
414		-	psychologist endorsement.
415		-	PAGE 10-HOUSE BILL 22-1390 (8) "School social worker" means a social worker holding a master's
416		-	degree and a professional special services license in Colorado PERSON WITH
417		-	A TEMPORARY EDUCATOR ELIGIBILITY AUTHORIZATION ISSUED PURSUANT TO
418		-	SECTION
419		-	22-60.5-111 (5) WHO IS WORKING TO ATTAIN A SPECIAL SERVICES
420		-	PROVIDER LICENSE AS A SCHOOL SOCIAL WORKER
421		-	, OR A LICENSE ISSUED
422		-	PURSUANT TO ARTICLE
423		-	60.5 OF THIS TITLE 22 with an endorsement in school
424		-	social work, including but not limited to the completion of course work in
425		-	the areas of school and special education law, including content covering
426		-	functional behavior assessment and the development of behavior
427		-	intervention plans.
428		-	SECTION 16. In Colorado Revised Statutes, 22-102-104, amend
429		-	(1) and (2)(a) as follows:
430		-	22-102-104. K-5 social and emotional health pilot program -
431		-	creation - selection of pilot schools - rules. (1) There is created the K-5
432		-	social and emotional health pilot program in the department to determine
433		-	the impact of dedicated school mental health professionals in kindergarten
434		-	through fifth grade in elementary schools that have high-poverty, high-need
435		-	students. The pilot program is implemented within the selected pilot schools
436		-	and administered by the department as a pilot program for three consecutive
437		-	FOUR school years, unless extended by the general assembly. Subject to
438		-	available appropriations or gifts, grants, or donations for the three-year
439		-	FOUR-YEAR term of the pilot program, pursuant to section 22-102-106, the
440		-	department shall employ or contract with a pilot program coordinator and
441		-	contract for preliminary and final program evaluations of the pilot program.
442		-	The department
443		-	STATE BOARD OF EDUCATION shall promulgate any rules
444		-	necessary for the administration of the pilot program.
445		-	(2) (a) Subject to available appropriations or gifts, grants, or
446		-	donations for the three-year FOUR-YEAR term of the pilot program, no later
447		-	than January 15 immediately preceding the first implementation year, the
448		-	department shall select up to ten pilot schools to participate in the pilot
449		-	program. If available appropriations and gifts, grants, or donations are
450		-	insufficient to fully fund the pilot program, the department may select fewer
451		-	than ten pilot schools to participate in the pilot program. The department
452		-	shall select pilot schools that exhibit the characteristics set forth in
453		-	subsection (2)(b) of this section and that are appropriate test schools to
454		-	evaluate the impact and effectiveness of the pilot program. The pilot
455		-	schools must demonstrate a willingness to participate in the pilot program
456		-	PAGE 11-HOUSE BILL 22-1390 and to collect the data and information necessary for the evaluation of the
457		-	pilot program.
458		-	SECTION 17. In Colorado Revised Statutes, 22-102-105, amend
459		-	(4)(a) as follows:
460		-	22-102-105. Implementation of pilot program. (4) (a) In
461		-	implementing the pilot program, the school mental health professionals
462		-	shall work as a team, with each professional providing services to students
463		-	and offering training and resources to school faculty and administrators that
464		-	WHO are authorized under the school mental health professional's special
465		-	services AUTHORIZATION OR THE PROFESSIONAL 'S license and endorsement.
466		-	SECTION 18. In Colorado Revised Statutes, 22-102-106, amend
467		-	(2)(a) as follows:
468		-	22-102-106. Pilot program coordinator - evaluation of pilot
469		-	program - student impacts and outcomes. (2) (a) The department shall
470		-	select a professional program evaluator to complete a preliminary
471		-	evaluation of the pilot program on or before September 1 of the second full
472		-	school year of implementation of the pilot program and a final evaluation
473		-	of the pilot program to be completed on or before September 1 immediately
474		-	following the conclusion of the final school year of the pilot program.
475		-	Subject to available appropriations or gifts, grants, or donations for the
476		-	three-year
477		-	FOUR-YEAR term of the pilot program, the department shall
478		-	contract with the evaluator in the school year prior to the implementation
479		-	of the pilot program in the pilot schools to create a process for the collection
480		-	and transmission of data and information to the evaluator to ensure that the
481		-	evaluator has the data and information necessary to complete the
482		-	preliminary and final reports concerning the impact and outcomes of the
483		-	pilot program. The pilot program evaluator, in conjunction with the
484		-	department, shall select a group of control schools that have school
485		-	characteristics and student demographics similar to those of the pilot
486		-	schools to serve as a control group for purposes of evaluating the impacts
487		-	and outcomes of the pilot program on participating students and pilot
488		-	schools. Data collected for pilot schools and control group schools must
489		-	include data from school climate and healthy schools surveys for any grade
490		-	in which such surveys have been created.
491		-	SECTION 19. In Colorado Revised Statutes, 24-90-120, amend
492		-	PAGE 12-HOUSE BILL 22-1390 (4)(a) and (6)(c) as follows:
493		-	24-90-120. Colorado imagination library program - creation -
494		-	request for proposal - state librarian duties - report - legislative
495		-	declaration - definitions. (4) (a) The contractor, in operating the program
496		-	pursuant to subsection (2) of this section, shall pay to the national nonprofit
497		-	foundation fifty percent of
498		-	the statewide cost to provide free books to
499		-	eligible children enrolled in the program, as determined by the national
500		-	nonprofit foundation. The general assembly shall annually appropriate
501		-	money from the general fund to the department of education for the state
502		-	librarian to distribute to the contractor for the state's
503		-	FIFTY PERCENT share
504		-	of the cost to provide the books.
505		-	(6) (c) Twenty percent of money appropriated for the 2021-22 state
506		-	fiscal year, and ten percent of money appropriated for the 2022-23 fiscal
507		-	year and each fiscal year thereafter, may be used for the contractor
508		-	operating the program for duties set forth in subsections (2)(a) to (2)(f) of
509		-	this section.
510		-	SECTION 20. In Colorado Revised Statutes, amend 22-35-108 as
511		-	follows:
512		-	22-35-108. Accelerating students through concurrent enrollment
513		-	program - objectives - non-tuition expenses - rules. (1) (a) There is
514		-	hereby
515		-	established the accelerating students through concurrent enrollment
516		-	program, Beginning in the 2010-11 school year, the department shall
517		-	administer the ASCENT program pursuant to the provisions of this section
518		-	and guidelines established by the board pursuant to subsection (4) of this
519		-	section. WHICH IS AVAILABLE TO ALL QUALIFIED STUDENTS WHO ARE
520		-	DESIGNATED BY THEIR ENROLLING LOCAL EDUCATION PROVIDERS PURSUANT
521		-	TO SUBSECTION
522		-	(2)(a) OF THIS SECTION. The objectives of the ASCENT
523		-	program are to:
524		-	(I) Increase the percentage of students who participate in
525		-	postsecondary education, especially among low-income and traditionally
526		-	underserved populations;
527		-	(II) Decrease the number of students who do not complete high
528		-	school;
529		-	PAGE 13-HOUSE BILL 22-1390 (III) Decrease the amount of time that is required for a student to
530		-	complete a postsecondary degree or certificate;
531		-	(IV) Reduce state expenditures for public education; and
532		-	(V) Increase the number of educational pathways available to
533		-	students.
534		-	(b) Notwithstanding any other
535		-	provision of this article ARTICLE 35
536		-	TO THE CONTRARY, a qualified student who is designated by the department
537		-	A LOCAL EDUCATION PROVIDER to be an ASCENT program participant
538		-	pursuant to subsection (2) of this section may concurrently enroll in
539		-	postsecondary courses, including academic courses and career and technical
540		-	education courses, in the year directly following the year in which he or she
541		-	THE QUALIFIED STUDENT was enrolled in the twelfth grade of a THE local
542		-	education provider.
543		-	(2) (a) Subject to available appropriations, the department may
544		-	designate as an ASCENT program participant any qualified student who A
545		-	LOCAL EDUCATION PROVIDER MAY DESIGNATE A QUALIFIED STUDENT AS AN
546		-	ASCENT PROGRAM PARTICIPANT IF THE QUALIFIED STUDENT :
547		-	(I) Has completed or is on schedule to complete at least twelve NINE
548		-	credit hours of postsecondary course work prior to the completion of his or
549		-	her THE QUALIFIED STUDENT'S twelfth-grade year;
550		-	(II) Is not in need of a developmental education course;
551		-	(III) Has been selected for participation in the ASCENT program by
552		-	his or her high school principal or equivalent school administrator;
553		-	(IV) (III) Has been accepted into a postsecondary degree program
554		-	at an institution of higher education;
555		-	AND
556		-	(V) Has satisfied any other selection criteria established byguidelines established by the board pursuant to subsection (4) of this
557		-	section; and
558		-	(VI) (IV) Has not been designated AS an ASCENT program
559		-	participant in any A prior year.
560		-	PAGE 14-HOUSE BILL 22-1390 (b) Repealed.
561		-	(c) (I) Repealed.
562		-	(II) (b) EACH LOCAL EDUCATION PROVIDER THAT DESIGNATES
563		-	QUALIFIED STUDENTS TO PARTICIPATE IN THE
564		-	ASCENT PROGRAM SHALL, AS
565		-	PROVIDED BY STATE BOARD RULE
566		-	, REPORT TO THE DEPARTMENT THE
567		-	ESTIMATED NUMBER OF
568		-	ASCENT PROGRAM PARTICIPANTS THAT THE LOCAL
569		-	EDUCATION PROVIDER WILL ENROLL FOR THE FOLLOWING SCHOOL YEAR
570		-	. The
571		-	department, as part of its annual budget request to the general assembly,
572		-	shall report the
573		-	ESTIMATED total number of potential
574		-	ASCENT program
575		-	participants for the following school year.
576		-	(III) Repealed.
577		-	(IV) The department shall not designate a greater number of
578		-	ASCENT program participants for a school year than the number of
579		-	participants that the general assembly approves for funding in the annual
580		-	general appropriation act for the applicable budget year.
581		-	(3) (a) The local education provider of a qualified student who is
582		-	designated by the department as an ASCENT program participant may
583		-	include the student A LOCAL EDUCATION PROVIDER MAY INCLUDE EACH
584		-	QUALIFIED STUDENT WHOM THE LOCAL EDUCATION PROVIDER DESIGNATES
585		-	TO PARTICIPATE IN THE
586		-	ASCENT PROGRAM PURSUANT TO THIS SECTION in
587		-	the district's funded pupil count, or, in the case of a
588		-	QUALIFIED student
589		-	enrolled in an institute charter school, in the
590		-	FUNDED PUPIL COUNT OF THE
591		-	school's accounting district, as provided in section 22-54-103 (7).
592		-	(b) A local education provider that receives extended high school
593		-	funding, as described in section 22-54-104 (4.7), in a budget year for
594		-	ASCENT program participants may expend the funding on behalf of
595		-	ASCENT program participants who enroll in an institution of higher
596		-	education during that budget year and on behalf of ASCENT program
597		-	participants who, by May 1 of that budget year, are admitted to an
598		-	institution of higher education to participate in the ASCENT program
599		-	during the next budget year.
600		-	(c) The local education provider shall certify to the department by
601		-	May 10 of each year the list of ASCENT program participants who are
602		-	PAGE 15-HOUSE BILL 22-1390 admitted to an institution of higher education to participate in the ASCENT
603		-	program during the next budget year. At the end of the budget year in which
604		-	the local education provider receives the extended high school funding for
605		-	ASCENT program participants, the local education provider shall remit to
606		-	the department any remaining amount of the funding that the local
607		-	education provider is not using for an ASCENT program participant who
608		-	is included on the certified list.
609		-	(4) The board shall establish guidelines AS NECESSARY for the
610		-	administration of the ASCENT program. including but not limited to
611		-	selection criteria that the department may use pursuant to subparagraph (V)
612		-	of paragraph (a) of subsection (2) of this section to designate qualified
613		-	students as ASCENT program participants.
614		-	(5) For the purposes of part 5 of article 11 of this title 22 concerning
615		-	school accountability reports, the department shall include ASCENT
616		-	program participants in the reporting requirements, regardless of whether
617		-	an ASCENT program participant has completed his or her
618		-	THE
619		-	PARTICIPANT
620		-	'S graduation requirements.
621		-	(6) (a) Repealed.
622		-	(b) (6) For purposes of applying the provisions of article 11 of this
623		-	title 22 concerning school accountability and reporting graduation rates, a
624		-	qualified student who is an ASCENT program participant shall
625		-	MUST be
626		-	counted in the enrolling school district's or institute charter school's
627		-	graduation rate in the school year in which the student completes the school
628		-	district's or institute charter school's minimum high school graduation
629		-	requirements. The state board of education
630		-	shall promulgate rules for
631		-	schools and school districts to follow in satisfying state and federal
632		-	reporting requirements concerning the enrollment status of ASCENT
633		-	program participants. To the extent practicable, the rules must ensure that
634		-	schools and school districts are not adversely affected in calculating and
635		-	reporting the completion of high school graduation requirements by
636		-	qualified students who have been designated by the department
637		-	LOCAL
638		-	EDUCATION PROVIDERS
639		-	as ASCENT program participants. The rules must
640		-	include, at a minimum, reporting requirements relating to:
641		-	(I)
642		-	(a) The provisions of article 7 of this title 22 concerning
643		-	educational accountability; and
644		-	PAGE 16-HOUSE BILL 22-1390 (II) (b) The provisions of article 11 of this title 22 concerning
645		-	educational accreditation.
646		-	SECTION 21. In Colorado Revised Statutes, 22-35-105, repeal (4)
647		-	as follows:
648		-	22-35-105. Financial provisions - payment of tuition.
649		-	(4) (a) Before paying the tuition for a course in which a qualified student
650		-	concurrently enrolls, the local education provider in which the qualified
651		-	student is enrolled shall require the qualified student and his or her parent
652		-	or legal guardian to sign a document requiring repayment of the amount of
653		-	tuition paid by the local education provider for the course on the qualified
654		-	student's behalf if the qualified student does not complete the course for any
655		-	reason without the consent of the principal of the student's high school.
656		-	(b) If a qualified student concurrently enrolled in a course for whom
657		-	a local education provider pays tuition does not complete the course for any
658		-	reason without the consent of the principal of the high school in which the
659		-	qualified student is enrolled, the qualified student or the qualified student's
660		-	parent or legal guardian shall reimburse the local education provider, as
661		-	provided in the document signed pursuant to paragraph (a) of this
662		-	subsection (4), for the amount of tuition paid by the local education
663		-	provider for the course.
664		-	(c) A local education provider may adopt a policy that requires a
665		-	qualified student and his or her parent or legal guardian to sign a document
666		-	prior to the student's concurrent enrollment in a course, which document
667		-	commits the student or his or her parent or legal guardian to reimburse the
668		-	local education provider for the tuition paid by the local education provider
669		-	for the course in the event that the student receives a failing grade in the
670		-	course.
671		-	SECTION 22. In Colorado Revised Statutes, 22-35-103, amend
672		-	(6)(a) as follows:
673		-	22-35-103. Definitions. As used in this article 35, unless the context
674		-	otherwise requires:
675		-	(6) (a) "Concurrent enrollment" means the simultaneous enrollment
676		-	of a qualified student in a local education provider and in one or more
677		-	PAGE 17-HOUSE BILL 22-1390 postsecondary courses, including academic or career and technical
678		-	education courses, which may include course work related to apprenticeship
679		-	programs or internship programs, at an institution of higher education
680		-	pursuant to the provisions of this article 35, at no tuition cost to the
681		-	qualified student or the qualified student's parent or legal guardian. except
682		-	as provided in section 22-35-105 (4)(c). As provided in section 22-35-104
683		-	(5) and (6)(b)(II), upon successfully completing a concurrent enrollment
684		-	postsecondary course, the qualified student must receive credit that applies
685		-	to completion of high school graduation requirements and postsecondary
686		-	credit that applies toward completion of developmental education courses,
687		-	applies toward earning a certificate or degree awarded through an approved
688		-	postsecondary career and technical education program, is approved by the
689		-	department of higher education for transfer from a two-year institution to
690		-	a four-year institution in satisfaction of prerequisite courses for a specific
691		-	major, is approved for statewide transfer pursuant to section 23-1-125, or
692		-	is part of a statewide degree transfer agreement pursuant to section
693		-	23-1-108 (7)(a).
694		-	SECTION 23. In Colorado Revised Statutes, 22-35-107, amend (6)
695		-	introductory portion, (6)(c), and (6)(d) as follows:
696		-	22-35-107. Concurrent enrollment advisory board - created -
697		-	membership - duties - reports - repeal. (6) The board shall have
698		-	HAS the
699		-	following duties:
700		-	(c) Making recommendations as necessary to the general assembly,
701		-	the state board, and the commission concerning the improvement or
702		-	updating of state policies relating to concurrent enrollment programs,
703		-	including but not limited to recommendations of policies that will allow
704		-	every local education provider in the state to have adequate resources to
705		-	enter into at least one cooperative agreement; and recommendations of a
706		-	funding allocation model, to be approved by the state board on or before
707		-	July 1, 2013, in the event that the number of qualified students identified by
708		-	local education providers exceeds available appropriations pursuant to
709		-	section 22-35-108 (2);
710		-	(d) On or before December 1, 2010 DECEMBER 1, 2022, considering
711		-	and making recommendations to the state board and the education
712		-	committees of the house of representatives and senate, or any successor
713		-	committees, regarding the feasibility of a waiver process whereby a
714		-	LOCAL
715		-	PAGE 18-HOUSE BILL 22-1390 EDUCATION PROVIDER, ON BEHALF OF A qualified student, could apply to the
716		-	department for a waiver of certain provisions of section 22-35-108, which
717		-	waiver would allow the
718		-	LOCAL EDUCATION PROVIDER TO DESIGNATE THE
719		-	student to be designated by the department as an ASCENT program
720		-	participant in the second year following the year in which he or she THE
721		-	QUALIFIED STUDENT
722		-	was enrolled in the twelfth grade of a
723		-	THE local
724		-	education provider so long as he or she THE QUALIFYING STUDENT:
725		-	(I) Was so designated in the year directly following the year in
726		-	which he or she THE QUALIFIED STUDENT was enrolled in the twelfth grade
727		-	of a THE local education provider;
728		-	(II) Requires fifteen or fewer credit hours of postsecondary course
729		-	work to achieve a postsecondary credential; and
730		-	(III) Is eligible for free or reduced-cost REDUCED-PRICE lunch
731		-	pursuant to the federal "Richard B. Russell National School Lunch Act", 42
732		-	U.S.C. sec. 1751 et seq.;
733		-	SECTION 24. In Colorado Revised Statutes, 22-35-112, amend (2)
734		-	introductory portion and (2)(g) as follows:
735		-	22-35-112. Reports. (2) On or before February 1, 2011, and on or
736		-	before February 1 each year thereafter through 2016, and on or before April
737		-	1, 2017, and on or before April 1 each year thereafter, ON OR BEFORE APRIL
738		-	1, 2022, AND ON OR BEFORE MAY 1 EACH YEAR THEREAFTER, the department
739		-	and the department of higher education shall collaborate to prepare and
740		-	submit to the education committees of the senate and house of
741		-	representatives, or any successor committees, a report concerning the
742		-	concurrent enrollment of qualified students in postsecondary courses,
743		-	including academic courses and career and technical education courses, and
744		-	courses related to apprenticeship programs and internship programs. The
745		-	report must include, but need not be limited to:
746		-	(g) F
747		-	OR THE PREVIOUS SCHOOL YEAR, the total number of qualified
748		-	students designated by the department as ASCENT or TREP program
749		-	participants in the previous school year THAT LOCAL EDUCATION PROVIDERS
750		-	DESIGNATED AS
751		-	ASCENT PROGRAM PARTICIPANTS AND THE TOTAL NUMBER
752		-	OF QUALIFIED STUDENTS THE DEPARTMENT DESI GNATED AS PARTICIPANTS
753		-	IN THE TEACHER RECRUITMENT EDUCATION AND PREPARATION PROGRAM
754		-	;
755		-	PAGE 19-HOUSE BILL 22-1390 SECTION 25. In Colorado Revised Statutes, 22-35-113, amend
756		-	(1)(f) as follows:
757		-	22-35-113. Concurrent enrollment - website. (1) By July 1, 2020,
758		-	the department of education and the department of higher education, with
759		-	advice from the state board, shall make available to the public a concurrent
760		-	enrollment website to provide information to students, parents, and legal
761		-	guardians concerning concurrent enrollment options and requirements. The
762		-	departments must ensure that the website is clear, easy to navigate, and
763		-	generally user-friendly. In addition, the website must at a minimum:
764		-	(f) Provide information concerning the payment of the costs of
765		-	concurrent enrollment, including tuition, which is not chargeable to the
766		-	student or the student's parent or legal guardian, except as provided in
767		-	section 22-35-105 (4)(c), fees and books, which may be chargeable to the
768		-	student or the student's parent or legal guardian, and transportation;
769		-	SECTION 26. In Colorado Revised Statutes, 22-54-112, amend
770		-	(2)(c) as follows:
771		-	22-54-112. Reports to the state board. (2) (c) On or before
772		-	November 10 of each year, the secretary of the state charter school institute
773		-	board shall certify to the state board the pupil enrollment, and
774		-	the online
775		-	pupil enrollment,
776		-	AND THE EXTENDED HIGH SCHOOL PUPIL ENROLLMENT of
777		-	each institute charter school taken in the preceding October.
778		-	SECTION 27. In Colorado Revised Statutes, 22-54-114, amend
779		-	(4)(a) as follows:
780		-	22-54-114. State public school fund. (4) (a) For the 1997-98 fiscal
781		-	year and fiscal years thereafter, the net amount recovered by the department
782		-	of education during the applicable fiscal year, pursuant to school district
783		-	and institute charter school audits, as overpayments made to school districts
784		-	and institute charter schools and any amount remitted by a school district or
785		-	institute charter school pursuant to section 22-35-108 (3)(c), that would
786		-	otherwise be transmitted to the state treasurer for deposit in the general fund
787		-	shall instead be transmitted to the state treasurer for deposit in the state
788		-	public school fund. The amount shall be available for appropriation to the
789		-	department of education in subsequent fiscal years.
790		-	PAGE 20-HOUSE BILL 22-1390 SECTION 28. In Colorado Revised Statutes, 23-18-202, amend
791		-	(5)(c)(III) as follows:
792		-	23-18-202. College opportunity fund - appropriations - payment
793		-	of stipends - reimbursement - report. (5) (c) (III) For an eligible
794		-	undergraduate student who has completed one or more college courses
795		-	while enrolled in high school pursuant to the "Concurrent Enrollment
796		-	Programs Act", article 35 of title 22, or while designated by the department
797		-	of education as an ASCENT program participant pursuant to section
798		-	22-35-108 or as a TREP program participant pursuant to section
799		-	22-35-108.5, or while enrolled in a pathways in technology early college
800		-	high school pursuant to article 35.3 of title 22, all college-level credit hours
801		-	earned by the student while so enrolled count against the lifetime limitation
802		-	described in subsection (5)(c)(I) of this section; except that credit hours
803		-	earned from enrollment in a developmental education course, as defined in
804		-	section 23-1-113 (11)(b), do not count against the lifetime limitation.
805		-	SECTION 29. In Colorado Revised Statutes, 24-75-220, add (8) as
806		-	follows:
807		-	24-75-220. State education fund - transfers - surplus - legislative
808		-	declaration. (8) O
809		-	N JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER
810		-	THREE HUNDRED MILLION DOLLARS FROM THE GENERAL FUND TO THE STATE
811		-	EDUCATION FUND CREATED IN SECTION
812		-	17 (4) OF ARTICLE IX OF THE STATE
813		-	CONSTITUTION
814		-	.
815		-	SECTION 30. In Colorado Revised Statutes, 22-7-1006.3, amend
816		-	(1)(d) as follows:
817		-	22-7-1006.3. State assessments - administration - rules - repeal.
818		-	(1) (d) If all or any portion of a state assessment
819		-	ADMINISTERED PURSUANT
820		-	TO SUBSECTION
821		-	(1)(a) OF THIS SECTION requires a student to use a computer
822		-	to take the assessment, at the request of a local education provider, the
823		-	department of education must administer the portions of the state
824		-	assessment that require a computer in a format that a student may complete
825		-	using pencil and paper. Each local education provider shall report to the
826		-	department the number of students it enrolls who will take the state
827		-	assessment in a pencil-and-paper format.
828		-	SECTION 31. In Colorado Revised Statutes, 22-7-1013, amend (6)
829		-	PAGE 21-HOUSE BILL 22-1390 as follows:
830		-	22-7-1013. Local education provider - preschool through
831		-	elementary and secondary education standards - adoption - academic
832		-	acceleration. (6) Each local education provider shall adopt and implement
833		-	a written policy by which the local education provider will decide whether
834		-	the students enrolled by the local education provider will use pencil and
835		-	paper to complete any portion of a state assessment administered pursuant
836		-	to section 22-7-1006.3
837		-	SECTION 22-7-1006.3 (1)(a) that the students would
838		-	otherwise complete using a computer. The policy must ensure that the local
839		-	education provider makes the decision in consultation with parents and, if
840		-	the local education provider is a school district or board of cooperative
841		-	services, the public schools that the local education provider operates. The
842		-	local education provider may decide that the students in one or more of the
843		-	public schools, or in one or more of the classrooms of the public schools,
844		-	operated by the local education provider will use pencil and paper to
845		-	complete the computerized portions of a state assessment. Each year before
846		-	the start of fall semester classes, the local education provider shall distribute
847		-	copies of the policy to the parents of students enrolled in the local education
848		-	provider and post a copy of the policy on the local education provider's
849		-	website.
850		-	SECTION 32. Appropriation. For the 2022-23 state fiscal year,
851		-	$100,000 is appropriated to the department of education. This appropriation
852		-	is from the general fund. The department may use this appropriation for
853		-	contracting with an external evaluator to perform the evaluation of local
854		-	accountability systems required pursuant to section 22-11-705 (5), C.R.S.
855		-	SECTION 33. Appropriation. For the 2022-23 state fiscal year,
856		-	$184,125,900 is appropriated to the department of education. This
857		-	appropriation consists of $2,101,985 from the general fund and
858		-	$182,023,915 from the state education fund created in section 17 (4)(a) of
859		-	article IX of the state constitution. To implement this act, the department
860		-	may use this appropriation for the state share of districts' total program
861		-	funding.
862		-	SECTION 34. Appropriation. (1) For the 2022-23 state fiscal
863		-	year, $1,000,000 is appropriated to the mill levy equalization fund created
864		-	in section 22-30.5-513.1 (2)(a), C.R.S. This appropriation is from the
865		-	general fund. The department of education is responsible for the accounting
866		-	PAGE 22-HOUSE BILL 22-1390 related to this appropriation.
867		-	(2) For the 2022-23 state fiscal year, $1,000,000 is appropriated to
868		-	the department of education. This appropriation is from reappropriated
869		-	funds in the mill levy equalization fund under subsection (1) of this section.
870		-	To implement this act, the department may use the appropriation for CSI
871		-	mill levy equalization.
872		-	SECTION 35. Appropriation to the department of education for
873		-	the fiscal year beginning July 1, 2022. Section 2 of HB 22-1329, amend
874		-	Part IV (2)(A) Footnote 8, as follows:
875		-	Section 2. Appropriation.
876		-	8 Department of Education, Assistance to Public Schools,
877		-	Public School Finance, State Share of Districts' Total
878		-	Program Funding -- Pursuant to Section 22-35-108 (2)(a) and
879		-	22-35-108.5 (2)(b)(II), C.R.S., the purpose of this footnote is to specify what portion of this appropriation is intended to be available for the Accelerating Students Through Concurrent
880		-	Enrollment (ASCENT) Program and the Teacher Recruitment
881		-	Education and Preparation (TREP) Program for FY 2022-23.
882		-	It is the General Assembly's intent that the Department of
883		-	Education be authorized to utilize up to $4,249,000 of this
884		-	appropriation to fund qualified students designated as
885		-	ASCENT Program participants and $1,699,600 $1,737,200
886		-	of this appropriation to fund qualified students designated as
887		-	TREP Program participants. This amount is calculated based
888		-	on an estimated 500 FTE participants and
889		-	200 FTE TREP
890		-	Program participants funded at a rate of $8,498 $8,686 per
891		-	FTE pursuant to Section 22-54-104 (4.7), C.R.S.
892		-	SECTION 36. Appropriation. (1) For the 2022-23 state fiscal
893		-	year, $196,086 is appropriated to the department of education. This
894		-	appropriation is from the general fund. To implement this act, the
895		-	department may use this appropriation as follows:
896		-	(a) $127,973 for the dyslexia markers pilot program;
897		-	(b) $43,113 for college and career readiness, which amount is based
898		-	on an assumption that the department will require an additional 0.5 FTE;
899		-	PAGE 23-HOUSE BILL 22-1390 and
900		-	(c) $25,000 for information technology services.
901		-	SECTION 37. Safety clause. The general assembly hereby finds,
902		-	determines, and declares that this act is necessary for the immediate
903		-	preservation of the public peace, health, or safety.
904		-	____________________________ ____________________________
905		-	Alec Garnett Steve Fenberg
906		-	SPEAKER OF THE HOUSE PRESIDENT OF
907		-	OF REPRESENTATIVES THE SENATE
908		-	____________________________ ____________________________
909		-	Robin Jones Cindi L. Markwell
910		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
911		-	OF REPRESENTATIVES THE SENATE
912		-	APPROVED________________________________________
913		-	(Date and Time)
914		-	_________________________________________
915		-	Jared S. Polis
916		-	GOVERNOR OF THE STATE OF COLORADO
917		-	PAGE 24-HOUSE BILL 22-1390
	397	+	7
	398	+	(c) A
	399	+	NY SIMILAR STUDENT ENRICHMENT PROGRAM APPROVED FOR
	400	+	8
	401	+	A NEW CODE BY THE DEPARTMENT OF EDUCATION ON OR AFTER MAY 21,9
	402	+	2022.10
	403	+	SECTION 12. In Colorado Revised Statutes, 22-60.3-204,11
	404	+	amend (1)(b) as follows:12
	405	+	22-60.3-204. Program eligibility - financial assistance -13
	406	+	funding. (1) (b) As a condition of receiving financial assistance through14
	407	+	the program, an applicant must agree to teach for a period of three years15
	408	+	in a rural or small rural school district
	409	+	OR IN AN EDUCATOR SHORTAGE16
	410	+	AREA, AS DETERMINED BY THE STATE BOARD OF EDUCATION . If an17
	411	+	applicant does not fulfill the service condition of the program, the18
	412	+	applicant shall repay the awarded financial assistance to the department19
	413	+	in accordance with the rules promulgated by the state board.20
	414	+	SECTION 13.
	415	+	In Colorado Revised Statutes, 22-94-102, amend21
	416	+	(2)(f) as follows:22
	417	+	22-94-102. Contract to create quality teacher recruitment23
	418	+	program. (2) In awarding a contract pursuant to subsection (1) of this24
	419	+	section, the department shall take into consideration the number of25
	420	+	districts in which the vendor will place licensed teachers, the number of26
	421	+	licensed teachers that the vendor will place, and the potential number of27
	422	+	1390
	423	+	-12- children who will be taught by the licensed teachers. The department shall1
	424	+	ensure that it awards the contract to one or more vendors that satisfy the2
	425	+	following criteria:3
	426	+	(f) The vendor commits to matching no less than one hundred4
	427	+	percent of any moneys MONEY that the department pays through a5
	428	+	contract entered into pursuant to subsection (1) of this section. A vendor6
	429	+	that responds to the department's solicitation for a contract issued7
	430	+	pursuant to subsection (1) of this section shall provide written8
	431	+	documentation from one or more private or corporate donors, OR ONE OR9
	432	+	MORE SCHOOL DISTRICTS OR OTHER LOCAL GOVERNMENTS, that pledge to10
	433	+	make gifts, grants, or donations, OR OTHER PLEDGES OF MONEY, WHICH11
	434	+	MAY INCLUDE IMPACT INCOME, SUCCESS PAYMENTS, AND SPONSORSHIP12
	435	+	AND EVENT INCOME, BUT SHALL NOT INCLUDE MONEY RECEIVED FROM13
	436	+	PROGRAM PARTICIPANTS, to the vendor that, in total, equal at least the14
	437	+	amount that the department has specified will be available for the15
	438	+	purposes of a contract pursuant to subsection (1) of this section for the16
	439	+	applicable fiscal year. The written documentation must also include the17
	440	+	date by which the vendor will receive the gifts, grants, or donations, OR18
	441	+	OTHER MONEY to be used in furtherance of the requirements of this article19
	442	+	ARTICLE 94.20
	443	+	SECTION 14. In Colorado Revised Statutes, 22-100-102, amend21
	444	+	(5)(b) as follows:22
	445	+	22-100-102. Local school food purchasing program - creation23
	446	+	- report - rules - repeal. (5) (b) The department is authorized to monitor24
	447	+	the school food purchasing program to ensure program integrity. and to25
	448	+	annually reallocate money among participating providers to maximize the26
	449	+	amount of the money given.27
	450	+	1390
	451	+	-13- SECTION 15. In Colorado Revised Statutes, 22-102-103, amend1
	452	+	(4), (7), and (8) as follows:2
	453	+	22-102-103. Definitions. As used in this article 102, unless the3
	454	+	context otherwise requires:4
	455	+	(4) "School counselor" means a counselor holding a master's5
	456	+	degree in educational counseling and a professional special services6
	457	+	license in Colorado PERSON WITH A TEMPORARY EDUCATOR ELIGIBILITY7
	458	+	AUTHORIZATION ISSUED PURSUANT TO SECTION 22-60.5-111 (5) WHO IS8
	459	+	WORKING TO ATTAIN A SPECIAL SERVICES PROVIDER LICENSE FOR SCHOOL9
	460	+	COUNSELING, OR A LICENSE ISSUED PURSUANT TO ARTICLE 60.5 OF THIS10
	461	+	TITLE 22 with an endorsement in school counseling, including but not11
	462	+	limited to the completion of course work in the areas of academic and12
	463	+	social-emotional development; assessment for social and emotional13
	464	+	concerns, including suicide prevention and intervention; crisis14
	465	+	intervention; social-emotional prevention programs, including character15
	466	+	education and violence prevention; mental health; protective factors for16
	467	+	at-risk students; and career awareness, exploration, and planning.17
	468	+	(7) "School psychologist" means a school psychologist holding a18
	469	+	master's degree and a professional special services license in Colorado19
	470	+	PERSON WITH A TEMPORARY EDUCATOR ELIGIBILITY AUTHORIZATION20
	471	+	ISSUED PURSUANT TO SECTION 22-60.5-111 (5) WHO IS WORKING TO21
	472	+	ATTAIN A SPECIAL SERVICES PROVIDER LICENSE AS A SCHOOL22
	473	+	PSYCHOLOGIST, OR A LICENSE ISSUED PURSUANT TO ARTICLE 60.5 OF THIS23
	474	+	TITLE 22 with a school psychologist endorsement.24
	475	+	(8) "School social worker" means a social worker holding a25
	476	+	master's degree and a professional special services license in Colorado26
	477	+	PERSON WITH A TEMPORARY EDUCATOR ELIGIBILITY AUTHORIZATION27
	478	+	1390
	479	+	-14- ISSUED PURSUANT TO SECTION 22-60.5-111 (5) WHO IS WORKING TO1
	480	+	ATTAIN A SPECIAL SERVICES PROVIDER LICENSE AS A SCHOOL SOCIAL2
	481	+	WORKER, OR A LICENSE ISSUED PURSUANT TO ARTICLE 60.5 OF THIS TITLE3
	482	+	22 with an endorsement in school social work, including but not limited4
	483	+	to the completion of course work in the areas of school and special5
	484	+	education law, including content covering functional behavior assessment6
	485	+	and the development of behavior intervention plans.7
	486	+	SECTION 16. In Colorado Revised Statutes, 22-102-104, amend8
	487	+	(1) and (2)(a) as follows:9
	488	+	22-102-104. K-5 social and emotional health pilot program -10
	489	+	creation - selection of pilot schools - rules. (1) There is created the K-511
	490	+	social and emotional health pilot program in the department to determine12
	491	+	the impact of dedicated school mental health professionals in13
	492	+	kindergarten through fifth grade in elementary schools that have14
	493	+	high-poverty, high-need students. The pilot program is implemented15
	494	+	within the selected pilot schools and administered by the department as16
	495	+	a pilot program for three consecutive FOUR school years, unless extended17
	496	+	by the general assembly. Subject to available appropriations or gifts,18
	497	+	grants, or donations for the three-year FOUR-YEAR term of the pilot19
	498	+	program, pursuant to section 22-102-106, the department shall employ or20
	499	+	contract with a pilot program coordinator and contract for preliminary and21
	500	+	final program evaluations of the pilot program. The department STATE22
	501	+	BOARD OF EDUCATION shall promulgate any rules necessary for the23
	502	+	administration of the pilot program.24
	503	+	(2) (a) Subject to available appropriations or gifts, grants, or25
	504	+	donations for the three-year FOUR-YEAR term of the pilot program, no26
	505	+	later than January 15 immediately preceding the first implementation27
	506	+	1390
	507	+	-15- year, the department shall select up to ten pilot schools to participate in1
	508	+	the pilot program. If available appropriations and gifts, grants, or2
	509	+	donations are insufficient to fully fund the pilot program, the department3
	510	+	may select fewer than ten pilot schools to participate in the pilot program.4
	511	+	The department shall select pilot schools that exhibit the characteristics5
	512	+	set forth in subsection (2)(b) of this section and that are appropriate test6
	513	+	schools to evaluate the impact and effectiveness of the pilot program. The7
	514	+	pilot schools must demonstrate a willingness to participate in the pilot8
	515	+	program and to collect the data and information necessary for the9
	516	+	evaluation of the pilot program.10
	517	+	SECTION 17. In Colorado Revised Statutes, 22-102-105, amend11
	518	+	(4)(a) as follows:12
	519	+	22-102-105. Implementation of pilot program. (4) (a) In13
	520	+	implementing the pilot program, the school mental health professionals14
	521	+	shall work as a team, with each professional providing services to15
	522	+	students and offering training and resources to school faculty and16
	523	+	administrators that WHO are authorized under the school mental health17
	524	+	professional's special services AUTHORIZATION OR THE PROFESSIONAL 'S18
	525	+	license and endorsement.19
	526	+	SECTION 18. In Colorado Revised Statutes, 22-102-106, amend20
	527	+	(2)(a) as follows:21
	528	+	22-102-106. Pilot program coordinator - evaluation of pilot22
	529	+	program - student impacts and outcomes. (2) (a) The department shall23
	530	+	select a professional program evaluator to complete a preliminary24
	531	+	evaluation of the pilot program on or before September 1 of the second25
	532	+	full school year of implementation of the pilot program and a final26
	533	+	evaluation of the pilot program to be completed on or before September27
	534	+	1390
	535	+	-16- 1 immediately following the conclusion of the final school year of the1
	536	+	pilot program. Subject to available appropriations or gifts, grants, or2
	537	+	donations for the three-year FOUR-YEAR term of the pilot program, the3
	538	+	department shall contract with the evaluator in the school year prior to the4
	539	+	implementation of the pilot program in the pilot schools to create a5
	540	+	process for the collection and transmission of data and information to the6
	541	+	evaluator to ensure that the evaluator has the data and information7
	542	+	necessary to complete the preliminary and final reports concerning the8
	543	+	impact and outcomes of the pilot program. The pilot program evaluator,9
	544	+	in conjunction with the department, shall select a group of control schools10
	545	+	that have school characteristics and student demographics similar to those11
	546	+	of the pilot schools to serve as a control group for purposes of evaluating12
	547	+	the impacts and outcomes of the pilot program on participating students13
	548	+	and pilot schools. Data collected for pilot schools and control group14
	549	+	schools must include data from school climate and healthy schools15
	550	+	surveys for any grade in which such surveys have been created.16
	551	+	SECTION 19. In Colorado Revised Statutes, 24-90-120, amend17
	552	+	(4)(a) and (6)(c) as follows:18
	553	+	24-90-120. Colorado imagination library program - creation19
	554	+	- request for proposal - state librarian duties - report - legislative20
	555	+	declaration - definitions. (4) (a) The contractor, in operating the21
	556	+	program pursuant to subsection (2) of this section, shall pay to the22
	557	+	national nonprofit foundation fifty percent of the statewide cost to23
	558	+	provide free books to eligible children enrolled in the program, as24
	559	+	determined by the national nonprofit foundation. The general assembly25
	560	+	shall annually appropriate money from the general fund to the department26
	561	+	of education for the state librarian to distribute to the contractor for the27
	562	+	1390
	563	+	-17- state's FIFTY PERCENT share of the cost to provide the books. 1
	564	+	(6) (c) Twenty percent of money appropriated for the 2021-222
	565	+	state fiscal year, and ten percent of money appropriated for the 2022-233
	566	+	fiscal year and each fiscal year thereafter, may be used for the contractor4
	567	+	operating the program for duties set forth in subsections (2)(a) to (2)(f)5
	568	+	of this section.6
	569	+	7
	570	+	SECTION 20. In Colorado Revised Statutes, amend 22-35-1088
	571	+	as follows:9
	572	+	22-35-108. Accelerating students through concurrent10
	573	+	enrollment program - objectives - non-tuition expenses - rules.11
	574	+	(1) (a) There is hereby established the accelerating students through12
	575	+	concurrent enrollment program, Beginning in the 2010-11 school year,13
	576	+	the department shall administer the ASCENT program pursuant to the14
	577	+	provisions of this section and guidelines established by the board pursuant15
	578	+	to subsection (4) of this section. WHICH IS AVAILABLE TO ALL QUALIFIED16
	579	+	STUDENTS WHO ARE DESIGNATED BY THEIR ENROLLING LOCAL EDUCATION17
	580	+	PROVIDERS PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION. The18
	581	+	objectives of the ASCENT program are to:19
	582	+	(I) Increase the percentage of students who participate in20
	583	+	postsecondary education, especially among low-income and traditionally21
	584	+	underserved populations;22
	585	+	(II) Decrease the number of students who do not complete high23
	586	+	school;24
	587	+	(III) Decrease the amount of time that is required for a student to25
	588	+	complete a postsecondary degree or certificate;26
	589	+	(IV) Reduce state expenditures for public education; and27
	590	+	1390
	591	+	-18- (V) Increase the number of educational pathways available to1
	592	+	students.2
	593	+	(b) Notwithstanding any other provision of this article ARTICLE 353
	594	+	TO THE CONTRARY, a qualified student who is designated by the4
	595	+	department A LOCAL EDUCATION PROVIDER to be an ASCENT program5
	596	+	participant pursuant to subsection (2) of this section may concurrently6
	597	+	enroll in postsecondary courses, including academic courses and career7
	598	+	and technical education courses, in the year directly following the year in8
	599	+	which he or she THE QUALIFIED STUDENT was enrolled in the twelfth9
	600	+	grade of a THE local education provider.10
	601	+	(2) (a) Subject to available appropriations, the department may11
	602	+	designate as an ASCENT program participant any qualified student who12
	603	+	A LOCAL EDUCATION PROVIDER MAY DESIGNATE A QUALIFIED STUDENT AS13
	604	+	AN ASCENT PROGRAM PARTICIPANT IF THE QUALIFIED STUDENT :14
	605	+	(I) Has completed or is on schedule to complete at least twelve15
	606	+	NINE credit hours of postsecondary course work prior to the completion16
	607	+	of his or her THE QUALIFIED STUDENT'S twelfth-grade year;17
	608	+	(II) Is not in need of a developmental education course;18
	609	+	(III) Has been selected for participation in the ASCENT program19
	610	+	by his or her high school principal or equivalent school administrator;20
	611	+	(IV) (III) Has been accepted into a postsecondary degree program21
	612	+	at an institution of higher education; AND22
	613	+	(V) Has satisfied any other selection criteria established by23
	614	+	guidelines established by the board pursuant to subsection (4) of this24
	615	+	section; and25
	616	+	(VI) (IV) Has not been designated AS an ASCENT program26
	617	+	participant in any A prior year.27
	618	+	1390
	619	+	-19- (b) Repealed.1
	620	+	(c) (I) Repealed.2
	621	+	(II) (b) EACH LOCAL EDUCATION PROVIDER THAT DESIGNATES3
	622	+	QUALIFIED STUDENTS TO PARTICIPATE IN THE ASCENT PROGRAM SHALL,4
	623	+	AS PROVIDED BY STATE BOARD RULE, REPORT TO THE DEPARTMENT THE5
	624	+	ESTIMATED NUMBER OF ASCENT PROGRAM PARTICIPANTS THAT THE6
	625	+	LOCAL EDUCATION PROVIDER WILL ENROLL FOR THE FOLLOWING SCHOOL7
	626	+	YEAR. The department, as part of its annual budget request to the general8
	627	+	assembly, shall report the ESTIMATED total number of potential ASCENT9
	628	+	program participants for the following school year.10
	629	+	(III) Repealed.11
	630	+	(IV) The department shall not designate a greater number of12
	631	+	ASCENT program participants for a school year than the number of13
	632	+	participants that the general assembly approves for funding in the annual14
	633	+	general appropriation act for the applicable budget year.15
	634	+	(3) (a) The local education provider of a qualified student who is16
	635	+	designated by the department as an ASCENT program participant may17
	636	+	include the student A LOCAL EDUCATION PROVIDER MAY INCLUDE EACH18
	637	+	QUALIFIED STUDENT WHOM THE LOCAL EDUCATION PROVIDER DESIGNATES19
	638	+	TO PARTICIPATE IN THE ASCENT PROGRAM PURSUANT TO THIS SECTION20
	639	+	in the district's funded pupil count, or, in the case of a QUALIFIED student21
	640	+	enrolled in an institute charter school, in the FUNDED PUPIL COUNT OF THE22
	641	+	school's accounting district, as provided in section 22-54-103 (7).23
	642	+	(b) A local education provider that receives extended high school24
	643	+	funding, as described in section 22-54-104 (4.7), in a budget year for25
	644	+	ASCENT program participants may expend the funding on behalf of26
	645	+	ASCENT program participants who enroll in an institution of higher27
	646	+	1390
	647	+	-20- education during that budget year and on behalf of ASCENT program1
	648	+	participants who, by May 1 of that budget year, are admitted to an2
	649	+	institution of higher education to participate in the ASCENT program3
	650	+	during the next budget year.4
	651	+	(c) The local education provider shall certify to the department by5
	652	+	May 10 of each year the list of ASCENT program participants who are6
	653	+	admitted to an institution of higher education to participate in the7
	654	+	ASCENT program during the next budget year. At the end of the budget8
	655	+	year in which the local education provider receives the extended high9
	656	+	school funding for ASCENT program participants, the local education10
	657	+	provider shall remit to the department any remaining amount of the11
	658	+	funding that the local education provider is not using for an ASCENT12
	659	+	program participant who is included on the certified list.13
	660	+	(4) The board shall establish guidelines AS NECESSARY for the14
	661	+	administration of the ASCENT program. including but not limited to15
	662	+	selection criteria that the department may use pursuant to subparagraph16
	663	+	(V) of paragraph (a) of subsection (2) of this section to designate17
	664	+	qualified students as ASCENT program participants.18
	665	+	(5) For the purposes of part 5 of article 11 of this title 2219
	666	+	concerning school accountability reports, the department shall include20
	667	+	ASCENT program participants in the reporting requirements, regardless21
	668	+	of whether an ASCENT program participant has completed his or her THE22
	669	+	PARTICIPANT'S graduation requirements.23
	670	+	(6) (a) Repealed.24
	671	+	(b) (6) For purposes of applying the provisions of article 11 of this25
	672	+	title 22 concerning school accountability and reporting graduation rates,26
	673	+	a qualified student who is an ASCENT program participant shall MUST27
	674	+	1390
	675	+	-21- be counted in the enrolling school district's or institute charter school's1
	676	+	graduation rate in the school year in which the student completes the2
	677	+	school district's or institute charter school's minimum high school3
	678	+	graduation requirements. The state board of education shall promulgate4
	679	+	rules for schools and school districts to follow in satisfying state and5
	680	+	federal reporting requirements concerning the enrollment status of6
	681	+	ASCENT program participants. To the extent practicable, the rules must7
	682	+	ensure that schools and school districts are not adversely affected in8
	683	+	calculating and reporting the completion of high school graduation9
	684	+	requirements by qualified students who have been designated by the10
	685	+	department LOCAL EDUCATION PROVIDERS as ASCENT program11
	686	+	participants. The rules must include, at a minimum, reporting12
	687	+	requirements relating to:13
	688	+	(I) (a) The provisions of article 7 of this title 22 concerning14
	689	+	educational accountability; and15
	690	+	(II) (b) The provisions of article 11 of this title 22 concerning16
	691	+	educational accreditation.17
	692	+	SECTION 21. In Colorado Revised Statutes, 22-35-105, repeal18
	693	+	(4) as follows:19
	694	+	22-35-105. Financial provisions - payment of tuition.20
	695	+	(4) (a) Before paying the tuition for a course in which a qualified student21
	696	+	concurrently enrolls, the local education provider in which the qualified22
	697	+	student is enrolled shall require the qualified student and his or her parent23
	698	+	or legal guardian to sign a document requiring repayment of the amount24
	699	+	of tuition paid by the local education provider for the course on the25
	700	+	qualified student's behalf if the qualified student does not complete the26
	701	+	course for any reason without the consent of the principal of the student's27
	702	+	1390
	703	+	-22- high school.1
	704	+	(b) If a qualified student concurrently enrolled in a course for2
	705	+	whom a local education provider pays tuition does not complete the3
	706	+	course for any reason without the consent of the principal of the high4
	707	+	school in which the qualified student is enrolled, the qualified student or5
	708	+	the qualified student's parent or legal guardian shall reimburse the local6
	709	+	education provider, as provided in the document signed pursuant to7
	710	+	paragraph (a) of this subsection (4), for the amount of tuition paid by the8
	711	+	local education provider for the course.9
	712	+	(c) A local education provider may adopt a policy that requires a10
	713	+	qualified student and his or her parent or legal guardian to sign a11
	714	+	document prior to the student's concurrent enrollment in a course, which12
	715	+	document commits the student or his or her parent or legal guardian to13
	716	+	reimburse the local education provider for the tuition paid by the local14
	717	+	education provider for the course in the event that the student receives a15
	718	+	failing grade in the course.16
	719	+	SECTION 22. In Colorado Revised Statutes, 22-35-103, amend17
	720	+	(6)(a) as follows:18
	721	+	22-35-103. Definitions. As used in this article 35, unless the19
	722	+	context otherwise requires:20
	723	+	(6) (a) "Concurrent enrollment" means the simultaneous21
	724	+	enrollment of a qualified student in a local education provider and in one22
	725	+	or more postsecondary courses, including academic or career and23
	726	+	technical education courses, which may include course work related to24
	727	+	apprenticeship programs or internship programs, at an institution of25
	728	+	higher education pursuant to the provisions of this article 35, at no tuition26
	729	+	cost to the qualified student or the qualified student's parent or legal27
	730	+	1390
	731	+	-23- guardian. except as provided in section 22-35-105 (4)(c). As provided in1
	732	+	section 22-35-104 (5) and (6)(b)(II), upon successfully completing a2
	733	+	concurrent enrollment postsecondary course, the qualified student must3
	734	+	receive credit that applies to completion of high school graduation4
	735	+	requirements and postsecondary credit that applies toward completion of5
	736	+	developmental education courses, applies toward earning a certificate or6
	737	+	degree awarded through an approved postsecondary career and technical7
	738	+	education program, is approved by the department of higher education for8
	739	+	transfer from a two-year institution to a four-year institution in9
	740	+	satisfaction of prerequisite courses for a specific major, is approved for10
	741	+	statewide transfer pursuant to section 23-1-125, or is part of a statewide11
	742	+	degree transfer agreement pursuant to section 23-1-108 (7)(a).12
	743	+	SECTION 23. In Colorado Revised Statutes, 22-35-107, amend13
	744	+	(6) introductory portion, (6)(c), and (6)(d) as follows:14
	745	+	22-35-107. Concurrent enrollment advisory board - created -15
	746	+	membership - duties - reports - repeal. (6) The board shall have HAS16
	747	+	the following duties:17
	748	+	(c) Making recommendations as necessary to the general18
	749	+	assembly, the state board, and the commission concerning the19
	750	+	improvement or updating of state policies relating to concurrent20
	751	+	enrollment programs, including but not limited to recommendations of21
	752	+	policies that will allow every local education provider in the state to have22
	753	+	adequate resources to enter into at least one cooperative agreement; and23
	754	+	recommendations of a funding allocation model, to be approved by the24
	755	+	state board on or before July 1, 2013, in the event that the number of25
	756	+	qualified students identified by local education providers exceeds26
	757	+	available appropriations pursuant to section 22-35-108 (2);27
	758	+	1390
	759	+	-24- (d) On or before December 1, 2010 DECEMBER 1, 2022,1
	760	+	considering and making recommendations to the state board and the2
	761	+	education committees of the house of representatives and senate, or any3
	762	+	successor committees, regarding the feasibility of a waiver process4
	763	+	whereby a LOCAL EDUCATION PROVIDER, ON BEHALF OF A qualified5
	764	+	student, could apply to the department for a waiver of certain provisions6
	765	+	of section 22-35-108, which waiver would allow the LOCAL EDUCATION7
	766	+	PROVIDER TO DESIGNATE THE student to be designated by the department8
	767	+	as an ASCENT program participant in the second year following the year9
	768	+	in which he or she THE QUALIFIED STUDENT was enrolled in the twelfth10
	769	+	grade of a THE local education provider so long as he or she THE11
	770	+	QUALIFYING STUDENT:12
	771	+	(I) Was so designated in the year directly following the year in13
	772	+	which he or she THE QUALIFIED STUDENT was enrolled in the twelfth14
	773	+	grade of a THE local education provider;15
	774	+	(II) Requires fifteen or fewer credit hours of postsecondary course16
	775	+	work to achieve a postsecondary credential; and17
	776	+	(III) Is eligible for free or reduced-cost REDUCED-PRICE lunch18
	777	+	pursuant to the federal "Richard B. Russell National School Lunch Act",19
	778	+	42 U.S.C. sec. 1751 et seq.;20
	779	+	SECTION 24. In Colorado Revised Statutes, 22-35-112, amend21
	780	+	(2) introductory portion and (2)(g) as follows:22
	781	+	22-35-112. Reports. (2) On or before February 1, 2011, and on23
	782	+	or before February 1 each year thereafter through 2016, and on or before24
	783	+	April 1, 2017, and on or before April 1 each year thereafter, ON OR25
	784	+	BEFORE APRIL 1, 2022, AND ON OR BEFORE MAY 1 EACH YEAR26
	785	+	THEREAFTER, the department and the department of higher education shall27
	786	+	1390
	787	+	-25- collaborate to prepare and submit to the education committees of the1
	788	+	senate and house of representatives, or any successor committees, a report2
	789	+	concerning the concurrent enrollment of qualified students in3
	790	+	postsecondary courses, including academic courses and career and4
	791	+	technical education courses, and courses related to apprenticeship5
	792	+	programs and internship programs. The report must include, but need not6
	793	+	be limited to:7
	794	+	(g) FOR THE PREVIOUS SCHOOL YEAR, the total number of qualified8
	795	+	students designated by the department as ASCENT or TREP program9
	796	+	participants in the previous school year THAT LOCAL EDUCATION10
	797	+	PROVIDERS DESIGNATED AS ASCENT PROGRAM PARTICIPANTS AND THE11
	798	+	TOTAL NUMBER OF QUALIFIED STUDENTS THE DEPARTMENT DESIGNATED12
	799	+	AS PARTICIPANTS IN THE TEACHER RECRUITMENT EDUCATION AND13
	800	+	PREPARATION PROGRAM ;14
	801	+	SECTION 25. In Colorado Revised Statutes, 22-35-113, amend15
	802	+	(1)(f) as follows:16
	803	+	22-35-113. Concurrent enrollment - website. (1) By July 1,17
	804	+	2020, the department of education and the department of higher18
	805	+	education, with advice from the state board, shall make available to the19
	806	+	public a concurrent enrollment website to provide information to students,20
	807	+	parents, and legal guardians concerning concurrent enrollment options21
	808	+	and requirements. The departments must ensure that the website is clear,22
	809	+	easy to navigate, and generally user-friendly. In addition, the website23
	810	+	must at a minimum:24
	811	+	(f) Provide information concerning the payment of the costs of25
	812	+	concurrent enrollment, including tuition, which is not chargeable to the26
	813	+	student or the student's parent or legal guardian, except as provided in27
	814	+	1390
	815	+	-26- section 22-35-105 (4)(c), fees and books, which may be chargeable to the1
	816	+	student or the student's parent or legal guardian, and transportation;2
	817	+	SECTION 26. In Colorado Revised Statutes, 22-54-112, amend3
	818	+	(2)(c) as follows:4
	819	+	22-54-112. Reports to the state board. (2) (c) On or before5
	820	+	November 10 of each year, the secretary of the state charter school6
	821	+	institute board shall certify to the state board the pupil enrollment, and the7
	822	+	online pupil enrollment, AND THE EXTENDED HIGH SCHOOL PUPIL8
	823	+	ENROLLMENT of each institute charter school taken in the preceding9
	824	+	October.10
	825	+	SECTION 27. In Colorado Revised Statutes, 22-54-114, amend11
	826	+	(4)(a) as follows:12
	827	+	22-54-114. State public school fund. (4) (a) For the 1997-9813
	828	+	fiscal year and fiscal years thereafter, the net amount recovered by the14
	829	+	department of education during the applicable fiscal year, pursuant to15
	830	+	school district and institute charter school audits, as overpayments made16
	831	+	to school districts and institute charter schools and any amount remitted17
	832	+	by a school district or institute charter school pursuant to section18
	833	+	22-35-108 (3)(c), that would otherwise be transmitted to the state19
	834	+	treasurer for deposit in the general fund shall instead be transmitted to the20
	835	+	state treasurer for deposit in the state public school fund. The amount21
	836	+	shall be available for appropriation to the department of education in22
	837	+	subsequent fiscal years.23
	838	+	SECTION 28. In Colorado Revised Statutes, 23-18-202, amend24
	839	+	(5)(c)(III) as follows:25
	840	+	23-18-202. College opportunity fund - appropriations -26
	841	+	payment of stipends - reimbursement - report. (5) (c) (III) For an27
	842	+	1390
	843	+	-27- eligible undergraduate student who has completed one or more college1
	844	+	courses while enrolled in high school pursuant to the "Concurrent2
	845	+	Enrollment Programs Act", article 35 of title 22, or while designated by3
	846	+	the department of education as an ASCENT program participant pursuant4
	847	+	to section 22-35-108 or as a TREP program participant pursuant to5
	848	+	section 22-35-108.5, or while enrolled in a pathways in technology early6
	849	+	college high school pursuant to article 35.3 of title 22, all college-level7
	850	+	credit hours earned by the student while so enrolled count against the8
	851	+	lifetime limitation described in subsection (5)(c)(I) of this section; except9
	852	+	that credit hours earned from enrollment in a developmental education10
	853	+	course, as defined in section 23-1-113 (11)(b), do not count against the11
	854	+	lifetime limitation.12
	855	+	SECTION 29. In Colorado Revised Statutes, 24-75-220, add (8)13
	856	+	as follows:14
	857	+	24-75-220. State education fund - transfers - surplus -15
	858	+	legislative declaration. (8) ON JULY 1, 2022, THE STATE TREASURER16
	859	+	SHALL TRANSFER THREE HUNDRED MILLION DOLLARS FROM THE GENERAL17
	860	+	FUND TO THE STATE EDUCATION F UND CREATED IN SECTION 17 (4) OF18
	861	+	ARTICLE IX OF THE STATE CONSTITUTION.19
	862	+	SECTION 30. In Colorado Revised Statutes, 22-7-1006.3,20
	863	+	amend (1)(d) as follows:21
	864	+	22-7-1006.3. State assessments - administration - rules -22
	865	+	repeal. (1) (d) If all or any portion of a state assessment
	866	+	ADMINISTERED
	867	+	23
	868	+	PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION requires a student to24
	869	+	use a computer to take the assessment, at the request of a local education25
	870	+	provider, the department of education must administer the portions of the26
	871	+	state assessment that require a computer in a format that a student may27
	872	+	1390
	873	+	-28- complete using pencil and paper. Each local education provider shall1
	874	+	report to the department the number of students it enrolls who will take2
	875	+	the state assessment in a pencil-and-paper format.3
	876	+	SECTION 31. In Colorado Revised Statutes, 22-7-1013, amend4
	877	+	(6) as follows:5
	878	+	22-7-1013. Local education provider - preschool through6
	879	+	elementary and secondary education standards - adoption - academic7
	880	+	acceleration. (6) Each local education provider shall adopt and8
	881	+	implement a written policy by which the local education provider will9
	882	+	decide whether the students enrolled by the local education provider will10
	883	+	use pencil and paper to complete any portion of a state assessment11
	884	+	administered pursuant to section 22-7-1006.3 SECTION 22-7-1006.3 (1)(a)12
	885	+	that the students would otherwise complete using a computer. The policy13
	886	+	must ensure that the local education provider makes the decision in14
	887	+	consultation with parents and, if the local education provider is a school15
	888	+	district or board of cooperative services, the public schools that the local16
	889	+	education provider operates. The local education provider may decide that17
	890	+	the students in one or more of the public schools, or in one or more of the18
	891	+	classrooms of the public schools, operated by the local education provider19
	892	+	will use pencil and paper to complete the computerized portions of a state20
	893	+	assessment. Each year before the start of fall semester classes, the local21
	894	+	education provider shall distribute copies of the policy to the parents of22
	895	+	students enrolled in the local education provider and post a copy of the23
	896	+	policy on the local education provider's website.24
	897	+	SECTION 32. Appropriation. For the 2022-23 state fiscal year,25
	898	+	$100,000 is appropriated to the department of education. This26
	899	+	appropriation is from the general fund. The department may use this27
	900	+	1390
	901	+	-29- appropriation for contracting with an external evaluator to perform the1
	902	+	evaluation of local accountability systems required pursuant to section2
	903	+	22-11-705 (5), C.R.S.3
	904	+	SECTION 33. Appropriation. For the 2022-23 state fiscal year,4
	905	+	$184,125,900 is appropriated to the department of education. This5
	906	+	appropriation consists of $2,101,985 from the general fund and6
	907	+	$182,023,915 from the state education fund created in section 17 (4)(a)7
	908	+	of article IX of the state constitution. To implement this act, the8
	909	+	department may use this appropriation for the state share of districts' total9
	910	+	program funding. 10
	911	+	SECTION 34. Appropriation. (1) For the 2022-23 state fiscal11
	912	+	year, $1,000,000 is appropriated to the mill levy equalization fund created12
	913	+	in section 22-30.5-513.1 (2)(a), C.R.S. This appropriation is from the13
	914	+	general fund. The department of education is responsible for the14
	915	+	accounting related to this appropriation.15
	916	+	(2) For the 2022-23 state fiscal year, $1,000,000 is appropriated16
	917	+	to the department of education. This appropriation is from reappropriated17
	918	+	funds in the mill levy equalization fund under subsection (1) of this18
	919	+	section. To implement this act, the department may use the appropriation19
	920	+	for CSI mill levy equalization.20
	921	+	SECTION 35. Appropriation to the department of education21
	922	+	for the fiscal year beginning July 1, 2022. Section 2 of HB 21-1329,22
	923	+	amend Part IV (2)(A) Footnote 8, as follows:23
	924	+	Section 2. Appropriation.24
	925	+	8 Department of Education, Assistance to Public Schools, Public25
	926	+	School Finance, State Share of Districts' Total Program Funding --26
	927	+	Pursuant to Section 22-35-108 (2)(a) and 22-35-108.5 (2)(b)(II), C.R.S.,27
	928	+	1390
	929	+	-30- the purpose of this footnote is to specify what portion of this1
	930	+	appropriation is intended to be available for the Accelerating Students2
	931	+	Through Concurrent Enrollment (ASCENT) Program and the Teacher3
	932	+	Recruitment Education and Preparation (TREP) Program for FY 2022-23.4
	933	+	It is the General Assembly's intent that the Department of Education be5
	934	+	authorized to utilize up to $4,249,000 of this appropriation to fund6
	935	+	qualified students designated as ASCENT Program participants and7
	936	+	$1,699,600 $1,737,200 of this appropriation to fund qualified students8
	937	+	designated as TREP Program participants. This amount is calculated9
	938	+	based on an estimated 500 FTE participants and 200 FTE TREP Program10
	939	+	participants funded at a rate of $8,498 $8,686 per FTE pursuant to11
	940	+	Section 22-54-104 (4.7), C.R.S.12
	941	+	SECTION 36. Appropriation. (1) For the 2022-23 state fiscal13
	942	+	year, $196,086 is appropriated to the department of education. This14
	943	+	appropriation is from the general fund. To implement this act, the15
	944	+	department may use this appropriation as follows:16
	945	+	(a) $127,973 for the dyslexia markers pilot program;17
	946	+	(b) $43,113 for college and career readiness, which amount is18
	947	+	based on an assumption that the department will require an additional 0.519
	948	+	FTE; and20
	949	+	(c) $25,000 for information technology services.21
	950	+	SECTION 37. Safety clause. The general assembly hereby finds,22
	951	+	determines, and declares that this act is necessary for the immediate23
	952	+	preservation of the public peace, health, or safety.24
	953	+	1390
	954	+	-31-