Colorado 2023 Regular Session

Colorado Senate Bill SB065 Latest Draft

Bill / Enrolled Version Filed 05/09/2023

                            SENATE BILL 23-065
BY SENATOR(S) Lundeen and Bridges, Buckner, Cutter, Exum, Moreno,
Priola, Rich, Zenzinger;
also REPRESENTATIVE(S) Bird and Wilson, Amabile, Bacon, Brown,
Dickson, Duran, English, Hamrick, Herod, Joseph, Lieder, Lindsay,
Lukens, Martinez, McLachlan, Michaelson Jenet, Snyder, Titone, Velasco,
Young, McCluskie.
C
ONCERNING CHANGES TO THE CAREER DEVELOPMENT SUCCESS PROGRAM ,
AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 22-54-138, amend
(1)(i)(III), (1)(j), (2), (4)(a), (4)(b) introductory portion, (4)(b.5), (5)(a),
(5)(b)(I), (5)(b)(II), (5)(c), (5)(d), (7)(a) introductory portion, (8)(a), (8)(b),
(8)(d), (8)(i), (8.5)(a)(II), (8.5)(b), (8.7), and (9); repeal (4)(d); and add
(1)(e.5), (1)(i)(IV), (5)(e), and (5)(f) as follows:
22-54-138.  Career development success program - created -
funding - report - legislative declaration - definitions - repeal. (1)  As
used in this section, unless the context otherwise requires:
NOTE:  This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (e.5)  "PARTICIPATING BOARD OF COOPERATIVE SERVICES " MEANS A
BOARD OF COOPERATIVE SERVICES CREATED AND OPERATING PURSUANT TO
ARTICLE 
5 OF THIS TITLE 22 THAT CHOOSES TO PARTICIPATE IN THE CAREER
DEVELOPMENT SUCCESS PROGRAM CREATED IN THIS SECTION
.
(i)  "Qualified industry-credential program" means a career and
technical education program that:
(III)  Is identified by the Colorado work force development council
as provided in subsection (3) of this section; 
OR
(IV)  A CONSTRUCTION INDUSTRY APPRENTICESHIP PROGRAM , A
CONSTRUCTION INDUSTRY PRE
-APPRENTICESHIP PROGRAM, OR ANY OTHER
INDUSTRY APPRENTICESHIP OR PRE
-APPRENTICESHIP PROGRAM THAT IS
IDENTIFIED BY THE 
COLORADO WORK FORCE DEVELOPMENT COUNCIL AS
PROVIDED IN SUBSECTION 
(3) OF THIS SECTION.
(j)  "Qualified workplace training program" means an internship
program. a construction industry apprenticeship program, a construction
industry pre-apprenticeship program, or any other industry apprenticeship
or pre-apprenticeship program that is identified by the Colorado work force
development council as provided in subsection (3) of this section.
(2)  There is created the career development success program in the
department of education to provide financial incentives for participating
districts, 
A PARTICIPATING BOARD OF COOPERATIVE SERVICES , and
participating charter schools to encourage pupils enrolled in grades nine
through twelve to enroll in and successfully complete qualified
industry-credential programs; qualified workplace training programs; and
qualified advanced placement courses. For the 2017-18 budget year and
each budget year thereafter, each participating district, 
EACH PARTICIPATING
BOARD OF COOPERATIVE SERVICES
, and each participating charter school, as
provided in subsection (5) of this section, may receive up to one thousand
dollars for each pupil who, in the preceding budget year, successfully
completes a qualified industry-credential program; qualified workplace
training program; or qualified advanced placement course.
(4) (a)  Each district, 
EACH BOARD OF COOPERATIVE SERVICES , and
each charter school may decide annually whether to participate in the career
development success program. If a district chooses not to participate in the
PAGE 2-SENATE BILL 23-065 program but a charter school that is authorized by the district chooses to
participate in the program, the nonparticipating district shall report the
participating charter school pupil enrollments to the department of
education as provided in this subsection (4) on behalf of the participating
charter school and distribute to the participating charter school one hundred
percent of the money received on behalf of the pupils enrolled in the
participating charter school as provided in subsection (5) of this section.
(b)  By June 30, 2017, and by June 30 each year thereafter, each
participating district, each nonparticipating district on behalf of its
participating charter schools, 
EACH PARTICIPATING BOARD OF COOPERATIVE
SERVICES
, and the institute on behalf of each participating institute charter
school, shall report to the department of education the total number of
pupils enrolled in the participating district, the participating charter schools
of the nonparticipating district, 
THE PARTICIPATING BOARD OF COOPERATIVE
SERVICES
, or the participating institute charter schools who, during the
school year that ends on that June 30:
(b.5)  Each participating district, each nonparticipating district on
behalf of its participating charter schools, 
EACH PARTICIPATING BOARD OF
COOPERATIVE SERVICES
, and the institute on behalf of each participating
institute charter school, in addition to reporting the totals, shall
disaggregate, to the extent possible while maintaining student privacy, the
information reported pursuant to subsection (4)(b) of this section by the
students' race, ethnicity, and gender, and whether a student is a student with
a disability, an English language learner, or eligible for free or
reduced-price lunch pursuant to the federal "Richard B. Russell National
School Lunch Act", 42 U.S.C. sec. 1751 et seq." IDENTIFIED AS AT-RISK DUE
TO ECONOMIC DISADVANTAGE IN THE STATE SCHOOL FINANCE FORMULA
.
(d)  A pupil successfully completes a qualified industrypre-apprenticeship program if the student completes the course
requirements of the program with a passing grade and is accepted into an
industry apprenticeship program as a registered apprentice.
(5) (a)  Beginning in the 2017-18 2023-24 budget year and each
budget year thereafter, the general assembly shall annually appropriate at
least one
 NINE million FIVE HUNDRED THOUSAND dollars to the department
of education for the career development success program. The department
shall distribute the money as provided in this subsection (5).
PAGE 3-SENATE BILL 23-065 (b) (I)  For each budget year, the department of education shall first
distribute to each district, 
EACH BOARD OF COOPERATIVE SERVICES , and to
the institute an amount equal to one thousand dollars multiplied by the
number of pupils reported by the district, 
THE BOARD OF COOPERATIVE
SERVICES
, or the institute as successfully earning an industry certificate by
completing a qualified industry-credential program; except that a
participating district, 
PARTICIPATING BOARD OF COOPERATIVE SERVICES , or
participating charter school shall not receive a distribution for more than ten
percent of the total number of completed industry certificates reported by
districts and the institute.
(II)  Notwithstanding the provisions of subsection (5)(b)(I) of this
section, if the amount appropriated is insufficient to fully fund the total
number of completed industry certificates eligible for distribution under
subsection (5)(b)(I) of this section, the department of education shall reduce
the amount distributed to each district, 
EACH BOARD OF COOPERATIVE
SERVICES
, and to the institute by the same percentage that the deficit bears
to the amount required to fully fund the total number of completed industry
certificates eligible for distribution under subsection (5)(b)(I) of this
section.
(c)  In a budget year in which there is money remaining in the
appropriation made pursuant to subsection (5)(a) of this section after
distributing the money as provided in subsection (5)(b) of this section, the
department of education shall distribute to each district, 
EACH BOARD OF
COOPERATIVE SERVICES
, and to the institute an amount equal to one
thousand dollars multiplied by the number of pupils reported by the district
or the institute as successfully completing a qualified workplace training
program; except that, if the amount remaining is insufficient to fully fund
the total number of reported pupils, the department of education shall
reduce the amount distributed to each district, 
EACH BOARD OF
COOPERATIVE SERVICES
, and to the institute by the same percentage that the
deficit bears to the amount required to fully fund the total number of pupils
reported as successfully completing a qualified workplace training program.
(d)  In a budget year in which there is money remaining in the
appropriation made pursuant to paragraph (a) of this subsection (5)
SUBSECTION (5)(a) OF THIS SECTION after distributing the money as provided
in paragraphs (b) and (c) of this subsection (5) SUBSECTIONS (5)(b) AND
(5)(c) OF THIS SECTION, the department of education shall distribute to each
PAGE 4-SENATE BILL 23-065 district, EACH BOARD OF COOPERATIVE SERVICES , and to the institute an
amount equal to one thousand dollars multiplied by the number of pupils
reported by the district, 
THE BOARD OF COOPERATIVE SERVICES , or the
institute as successfully completing a qualified advanced placement course;
except that, if the amount remaining is insufficient to fully fund the total
number of reported pupils, the department of education shall reduce the
amount distributed to each district, 
EACH BOARD OF COOPERATIVE SERVICES ,
and to the institute by the same percentage that the deficit bears to the
amount required to fully fund the total number of pupils reported as
successfully completing a qualified advanced placement course.
(e)  T
HE DEPARTMENT OF EDUCATION SHALL PROVIDE A
PARTICIPATING DISTRICT
, PARTICIPATING BOARD OF COOPERATIVE SERVICES,
OR PARTICIPATING CHARTER SCHOOL ONE HUNDRED TWENTY PERCENT OF
THE PER
-PUPIL AMOUNT DISTRIBUTED PURSUANT TO THIS SUBSECTION (5)
FOR EACH PUPIL WHO IS IDENTIFIED AS AT -RISK DUE TO ECONOMIC
DISADVANTAGE IN THE STATE SCHOOL FINANCE FORMULA AND WHO
SUCCESSFULLY EARNED AN INDUSTRY CERTIFICATE BY COMPLETING A
QUALIFIED INDUSTRY
-CREDENTIAL PROGRAM , A QUALIFIED WORKPLACE
TRAINING PROGRAM
, OR A QUALIFIED ADVANCED PLACEMENT COURSE .
(f) (I)  F
OR THE 2023-24 BUDGET YEAR, THE DEPARTMENT OF
EDUCATION SHALL PROVIDE AN ADDITIONAL AMOUNT OF MONEY EQUAL TO
THE TOTAL AMOUNT OF PER PUPIL MONEY AWARDED PURSUANT TO
SUBSECTION
 (5)(b)(I) OF THIS SECTION TO ANY PARTICIPATING DISTRICT ,
PARTICIPATING CHARTER SCHOOL , THE INSTITUTE ON BEHALF OF EACH
PARTICIPATING INSTITUTE CHARTER SCHOOL
, AND PARTICIPATING BOARD OF
COOPERATIVE SERVICES THAT DEMONSTRATES
, AS OF THE 2023-24 SCHOOL
YEAR
, THAT ALL STUDENTS ARE REQUIRED TO ENROLL IN AND SUCCESSFULLY
COMPLETE AT LEAST ONE QUALIFIED INDUSTRY
-CREDENTIAL PROGRAM; ONE
QUALIFIED WORKPLACE TRAINING PROGRAM
; OR ONE QUALIFIED ADVANCED
PLACEMENT COURSE PRIOR TO GRADUATION
. A SCHOOL DISTRICT MAY ALSO
RECEIVE MONEY FOR AN INDIVIDUAL SCHOOL WITHIN THE SCHOOL DISTRICT
THAT CAN DEMONSTRATE SUCH REQUIREMENTS
.
(II)  F
OR THE 2023-24 BUDGET YEAR, THE DEPARTMENT OF
EDUCATION SHALL USE FIVE MILLION DOLLARS OF THE MONEY
APPROPRIATED PURSUANT TO SUBSECTION
 (5)(a) OF THIS SECTION FOR THE
PURPOSES OF THIS SUBSECTION
 (5)(f). ANY MONEY RECEIVED PURSUANT TO
THIS SUBSECTION
 (5)(f) MUST BE USED TO PROMOTE THE AVAILABILITY OF
PAGE 5-SENATE BILL 23-065 QUALIFIED INDUSTRY-CREDENTIAL PROGRAMS , QUALIFIED WORKPLACE
TRAINING PROGRAMS
, AND QUALIFIED ADVANCED PLACEMENT COURSES . THE
DEPARTMENT OF EDUCATION MAY REALLOCATE ANY REMAINING MONEY
RECEIVED PURSUANT TO THIS SUBSECTION
 (5)(f) FOR THE PURPOSES
DESCRIBED IN SUBSECTION
 (5)(b)(I) OF THIS SECTION.
(III)  T
HIS SUBSECTION (5)(f) IS REPEALED, EFFECTIVE JULY 1, 2024.
(7) (a)  Each participating district, 
EACH PARTICIPATING BOARD OF
COOPERATIVE SERVICES
, and each participating charter school shall
regularly communicate to all middle and high school students and the
students' families:
(8)  At the hearing with the joint education committee of the general
assembly held in accordance with section 2-7-203 in November or
December 2017, and at the hearing held each year thereafter, the department
of education shall provide a report that describes the outcomes achieved by
the career development success program. At a minimum, the report must
include the following information:
(a)  The number of districts, 
BOARDS OF COOPERATIVE SERVICES, and
charter schools that participated in the program;
(b)  The number of students in each year of the program that the
participating districts, 
PARTICIPATING BOARDS OF COOPERATIVE SERVICES ,
and participating charter schools reported as earning an industry certificate
by completing a qualified industry-credential program; successfully
completing a qualified workplace training program; or completing a
qualified advanced placement course and earning a score on the
end-of-course exam that is eligible for college credit. The department shall
report the student numbers in totals and disaggregated based on the student
demographics specified in subsection (4)(b.5) of this section.
(d)  The total amount appropriated for the program and the amounts
distributed pursuant to each of subsections (5)(b), (5)(c), and (5)(d) of this
section, in total and to each participating district, 
PARTICIPATING BOARD OF
COOPERATIVE SERVICES
, and participating charter school;
(i)  How the participating district, 
PARTICIPATING BOARD OF
COOPERATIVE SERVICES
, or participating charter school determined which
PAGE 6-SENATE BILL 23-065 qualified industry-credential programs; qualified workplace training
programs; and qualified advancement placement courses to offer, including
how the programs are aligned with state or local workforce needs.
(8.5) (a)  No later than July 1, 2022, the department of education, in
collaboration with the Colorado community college system, shall publish
and disseminate materials through existing and relevant platforms used to
engage with districts that include, at a minimum:
(II)  For each of the top ten industry-recognized credentials, a sample
communications plan for how a participating district, 
PARTICIPATING BOARD
OF COOPERATIVE SERVICES
, or participating charter school may
communicate the value of credentials and experiences to students and
parents. The communications plan must include information on how to
educate parents and students about how high school credit is tied to
credentials and the courses included as a part of the credential pathway
based on alignment with the state academic standards, state graduation
guidelines adopted pursuant to section 22-2-106 (1)(a.5), and postsecondary
credit, which may include credit through concurrent enrollment.
(b)  Any materials published and disseminated pursuant to this
subsection (8.5) must be made available to middle and high school students
at a reasonable time before any participating district's, 
PARTICIPATING
BOARD OF COOPERATIVE SERVICES
', or participating charter school's course
selection deadline.
(8.7) (a)  A participating district
 DISTRICT, PARTICIPATING BOARD OF
COOPERATIVE SERVICES
, or participating charter school shall utilize the
money received pursuant to subsection (5) of this section to promote access
to qualified industry-credential programs; qualified workplace training
programs; and qualified advanced placement courses, which may include:
(a)
 (I)  Working with local workforce boards to determine the
programs and courses that will help to meet local workforce needs;
(b) (II)  Communicating with students and the students' families
about the programs and courses in a language that the students and the
students' families understand;
(c)
 (III)  Purchasing and maintaining equipment and supplies for the
PAGE 7-SENATE BILL 23-065 programs and courses, which may include the cost of examinations related
to such programs and courses; and
(d) (IV)  Assisting students, including students who are eligible for
free or reduced-price lunch pursuant to the federal "Richard B. Russell
National School Lunch Act", 42 U.S.C. sec. 1751 et seq., students with
disabilities, and students who are English language learners, with the
support needed to access and succeed in the programs and courses.
(b)  A
 PARTICIPATING SCHOOL DISTRICT OR PARTICIPATING CHARTER
SCHOOL MAY CONTRACT WITH A THIRD PARTY TO PROVIDE THE SERVICES
DESCRIBED IN THIS SUBSECTION 
(8.7).
(9)  This section is repealed, effective September 1, 2024
SEPTEMBER 1, 2034.
SECTION 2. Appropriation. (1)  For the 2023-24 state fiscal year,
$5,000,000 is appropriated to the department of education. This
appropriation is from the general fund and is based on an assumption that
the department will require an additional 0.9 FTE. To implement this act,
the department may use this appropriation for the career development
success program.
SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 8-SENATE BILL 23-065 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________  ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________  ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
            APPROVED________________________________________
                                                        (Date and Time)
                              _________________________________________
                             Jared S. Polis
                             GOVERNOR OF THE STATE OF COLORADO
PAGE 9-SENATE BILL 23-065