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January 10, 2023 SB 23-029
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 23-0170
Sen. Moreno
Rep. Lindsay
Date:
Bill Status:
Fiscal Analyst:
January 10, 2023
Senate Education
Anna Gerstle | 303-866-4375
anna.gerstle@coleg.gov
Bill Topic: DISPROPORTIONATE DISCIPLINE IN PUBLIC SCHOOLS
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ School District
☐ Statutory Public Entity
The bill requires that local education providers implement policies to address
disproportionate discipline, and consider certain factors before suspending or
expelling a student. The bill increases state expenditures in FY 2023-24 only, and
school district workload on an ongoing basis.
Appropriation
Summary:
For FY 2023-24, the bill requires an appropriation of $332,207 to the Colorado
Department of Education.
Fiscal Note
Status:
The fiscal note reflects the introduced bill, which was recommended by the Colorado
Youth Advisory Council Committee.
Table 1
State Fiscal Impacts Under SB23-029
Budget Year
FY 2023-24
Out Year
FY 2024-25
Revenue
- -
Expenditures General Fund $332,207 -
Centrally Appropriated $4,916 -
Total Expenditures $337,123 -
Total FTE 0.3 FTE -
Transfers - -
Other Budget Impacts General Fund Reserve $49,831 -
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January 10, 2023 SB 23-029
Summary of Legislation
Disproportionate discipline policies. The bill requires that each local education provider (LEP) adopt
and implement a policy to address disproportionate disciplinary practices. The policy must be based
on disciplinary data collected under current law. Each LEP is encouraged to provide training on best
practices to address disproportionate discipline and create inclusionary approaches to discipline.
Each LEP must identify an employee to act as a point of contact for discipline training and resources,
and act as a liaison between the LEP and the Colorado Department of Education (CDE).
LEPs must also annually review disciplinary data collected under current law. If the data reflects
disproportionate discipline, a LEP must develop, implement, and annually review an improvement
plan. LEPs must notify parents of any improvement plan, and hold two public meetings, one to solicit
input from parents and one after the plan is written and prior to its adoption.
The bill requires that the General Assembly appropriate $300,000 in FY 2023-24 to be distributed to
LEPs to offset local costs. CDE must determine the amount distributed to each LEP.
Student suspension or expulsion. Under current law, school districts are encouraged to consider
certain factors before suspending or expelling a student. The bill requires these factors to be
considered, and further requires that a school district document alternative disciplinary measures
used prior to suspension or expulsion in both the student’s record and in the data reported to CDE.
State Expenditures
The bill increases state expenditures in CDE by $337,123 in FY 2023-24 only from the General Fund.
Expenditures are shown in Table 2 and detailed below.
Table 2
Expenditures Under SB23-029
FY 2023-24 FY 2024-25
Department of Education
Personal Services $17,207 -
Computer Programming $15,000 -
Distributions to LEPs $300,000 -
Centrally Appropriated Costs
1
$4,916 -
FTE – Personal Services 0.3 FTE -
Total Cost $337,123 -
Total FTE 0.3 FTE -
1
Centrally appropriated costs are not included in the bill's appropriation.
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January 10, 2023 SB 23-029
Colorado Department of Education. The bill provides $300,000 to CDE, for distribution to LEPs to
offset local costs to comply with the bill. CDE will require 0.3 FTE in FY 2023-24 only to determine
how to allocate the funds to LEPs. Staffing costs are prorated for the General Fund paydate shift, and
a September 1, 2023 start date.
In addition, CDE requires $15,000 in FY 2023-24 only to modify their data system to allow LEPs access
to disaggregated discipline data. Under current law, LEPs submit student level discipline data and
CDE disaggregates the data by student groups. The modified data system will permit LEPs to access
the disaggregated data for improvement planning.
Centrally appropriated costs. Pursuant to a Joint Budget Committee policy, certain costs associated
with this bill are addressed through the annual budget process and centrally appropriated in the Long
Bill or supplemental appropriations bills, rather than in this bill. These costs, which include employee
insurance and supplemental employee retirement payments, are shown in Table 2.
Other Budget Impacts
General Fund reserve. Under current law, an amount equal to 15 percent of General Fund
appropriations must be set aside in the General Fund statutory reserve. Based on this fiscal note, the
bill is expected to increase the amount of General Fund held in reserve by the amounts shown in
Table 1, decreasing the amount of General Fund available for other purposes.
School District
The bill increases workload and costs for school districts to implement the disproportionate
disciplinary policy, and any best practices, training, documentation, public meetings, or improvement
plans required. In FY 2023-24, some costs will be offset by the $300,000 provided in the bill and
distributed to LEPs.
Effective Date
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no
referendum petition is filed.
State Appropriations
In FY 2023-24, the bill requires a General Fund appropriation of $332,207 to the Colorado Department
of Education, and 0.3 FTE.
State and Local Government Contacts
Education Information Technology
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.