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March 31, 2023 HB 23-1188
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Revised Fiscal Note
(replaces fiscal note dated February 24, 2023)
Drafting Number:
Prime Sponsors:
LLS 23-0399
Rep. Soper
Sen. Rich
Date:
Bill Status:
Fiscal Analyst:
March 31, 2023
House Appropriations
Anna Gerstle | 303-866-4375
anna.gerstle@coleg.gov
Bill Topic: INDIVIDUALIZED LEARNING SCHOOLS & PROGRAMS
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ School District
☐ Statutory Public Entity
The bill allows students in certain independent study programs at charter schools to
be funded through the School Finance Act. The bill may impact state expenditures
and school funding in FY 2023-24 only.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
The fiscal note reflects the introduced bill, as amended by the House Education
Committee.
Summary of Legislation
The bill specifies that a student in kindergarten through 8
th
grade who is enrolled in independent
study at a charter school is eligible for funding through the School Finance Act. The independent
study must be offered through a charter contract approved by its authorizer as of June 1, 2020, based
on guidance at that time from the Colorado Department of Education (CDE), and must remain
authorized by its charter contract. The bill is repealed July 1, 2024.
Background and Assumptions
The fiscal note assumes that the bill applies to two charters schools that operate independent study
programs in line with the bill’s parameters. Under current law, students enrolled in these programs
are funded through the school finance formula as full-time, traditional students under a waiver from
CDE that ends in FY 2022-23. In FY 2023-24, the waiver is set to expire, and the State Board of
Education may consider rule changes, including possible modifications to the definition of
independent study. Any changes to state rules and alignment of current programs with those rules
would impact how students in these independent study programs are funded.
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March 31, 2023 HB 23-1188
As a result, it is unknown how these students will be funded under current law in FY 2023-24. They
could continue to be counted as full-time traditional students, or be counted as part-time, online, or
homeschool enrichment students, depending on rule changes and whether the programs align with
the definition of independent study or receive a new waiver.
State Expenditures
The bill may impact the state share of school finance by a minimal amount in FY 2023-24 only. Because
it is unknown how students in these two programs will be funded in FY 2023-24 under current law,
the bill may continue current expenditures for those students, or it may increase funding for those
students compared to potentially lower funding in FY 2023-24 without the bill. For this reason, and
because the bill is assumed to apply to a limited population of students, the fiscal note assumes that
any changes to the state share of total program will occur through the 2024 October Count and school
finance mid-year adjustment. The state share of school finance is typically paid from the General Fund
and State Education Fund.
School District
As discussed in the state expenditures section, the bill may impact funding for the school districts that
authorize charter schools with eligible programs in FY 2023-24 only. This fiscal note assumes that the
provisions of this bill will apply to students attending one of two charter schools in two school
districts.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature.
State and Local Government Contacts
Education Law School Districts
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.