HOUSE BILL 24-1154
BY REPRESENTATIVE(S) Weinberg and McLachlan, Evans, Lynch,
McCluskie;
also SENATOR(S) Bridges and Lundeen, Baisley, Buckner, Coleman,
Gardner, Kirkmeyer, Michaelson Jenet, Pelton B., Pelton R., Priola, Rich,
Simpson, Smallwood, Van Winkle, Will, Zenzinger
.
C
ONCERNING SCHOOL DISTRICT BOARDS ' OF EDUCATION VOLUNTARY
INCLUSION OF INSTITUTE CHARTER SCHOOLS IN DISTRICT BALLOT
INITIATIVES TO CONTRACT WITH INSTITUTE CHARTER SCHOOLS FOR
BONDED INDEBTEDNESS
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative intent. The intent of this act is to:
(1) Clarify and modify the law to allow a school district board of
education to voluntarily support institute charter school facilities located
within the school district; and
(2) Provide clear guidance to a school district board of education
that decides to voluntarily support institute charter school facilities located
within the school district.
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. SECTION 2. In Colorado Revised Statutes, add 22-30.5-404.5 as
follows:
22-30.5-404.5. Discretionary inclusion of institute charter
schools in district bond elections - authority - security - legislative
intent. (1) I
N ENACTING THIS SECTION, IT IS THE INTENT OF THE GENERAL
ASSEMBLY TO RESPECT THE PRINCIPLE OF SCHOOL DISTRICT LOCAL CONTROL
AND TO PERMIT
, BUT NOT REQUIRE, SCHOOL DISTRICTS TO ACT IN THEIR SOLE
DISCRETION AND BEST INTEREST BY USING THEIR BEST JUDGMENT IN
MANAGING THE RELATIONSHIPS
, IF ANY, THEY MAINTAIN WITH AN INSTITUTE
CHARTER SCHOOL LOCATED WITHIN THE GEOGRAPHIC BOUNDARIES OF THE
SCHOOL DISTRICT
.
(2) A
SCHOOL DISTRICT MAY, IN ITS SOLE DISCRETION, ENGAGE IN
DISCUSSIONS WITH AN INSTITUTE CHARTER SCHOOL LOCATED WITHIN THE
GEOGRAPHIC BOUNDARIES OF THE SCHOOL DISTRICT CONCERNING THE
CAPITAL CONSTRUCTION NEEDS OF THE INSTITUTE CHARTER SCHOOL
.
(3) I
N ORDER FOR A SCHOOL DISTRICT TO CONSIDER , IN ITS SOLE
DISCRETION
, WHETHER TO INCLUDE THE CAPITAL CONSTRUCTION NEEDS OF
AN INSTITUTE CHARTER SCHOOL LOCATED WITHIN THE GEOGRAPHIC
BOUNDARIES OF THE SCHOOL DISTRICT IN A BALLOT QUESTION PURSUANT TO
SUBSECTION
(4) OF THIS SECTION, AN INSTITUTE CHARTER SCHOOL MUST
SUBMIT A CAPITAL CONSTRUCTION PLAN TO THE BOARD OF EDUCATION IN
WHICH IT IS GEOGRAPHICALLY LOCATED
. THE CAPITAL CONSTRUCTION PLAN
MUST INCLUDE
, BUT IS NOT LIMITED TO:
(a) R
EASONS WHY THE INSTITUTE CHARTER SCHOOL CAPITAL
CONSTRUCTION MUST BE FINANCED BY BONDED INDEBTEDNESS
;
(b) A
DESCRIPTION OF THE CAPITAL CONSTRUCTION THAT WILL BE
FINANCED BY BONDED INDEBTEDNESS
;
(c) A
DESCRIPTION OF THE ARCHITECTURAL , FUNCTIONAL, AND
CONSTRUCTION STANDARDS THAT MEET APPLICABLE STATE BUILDING CODE
REQUIREMENTS AND THAT WILL BE APPLIED TO EACH FACILITY SUBJECT TO
THE CAPITAL CONSTRUCTION PROJECT
;
(d) A
N ESTIMATE OF THE TOTAL COSTS FOR COMPLETING THE
PAGE 2-HOUSE BILL 24-1154 CAPITAL CONSTRUCTION THAT WILL BE FINANCED BY THE BONDED
INDEBTEDNESS AND
, IF ANY MONEY OTHER THAN THE BONDED
INDEBTEDNESS PROCEEDS
, INCLUDING INVESTMENTS AND INTEREST
EARNINGS
, WILL BE USED TO FINANCE THE CAPITAL CONSTRUCTION , A
BREAKDOWN OF THE MONEY THAT WILL BE USED TO FINANCE THE CAPITAL
CONSTRUCTION
;
(e) A
N ESTIMATE OF THE AMOUNT OF TIME NEEDED TO COMPLETE
THE CAPITAL CONSTRUCTION PROJECT
;
(f) A
STATEMENT ADDRESSING WHETHER THE CONSTRUCTION OR
RENOVATION
, PAYMENT OF OVERRUN COSTS , AND OTHER CAPITAL
CONSTRUCTION PROJECT ISSUES WILL BE MANAGED BY THE INSTITUTE
CHARTER SCHOOL OR THE SCHOOL DISTRICT AND WHETHER COSTS FOR
PROJECT MANAGEMENT WILL BE NEGOTIATED BETWEEN THE INSTITUTE
CHARTER SCHOOL AND THE SCHOOL DISTRICT
;
(g) R
EASONS WHY REVENUE SOURCES OTHER THAN BONDED
INDEBTEDNESS ARE INADEQUATE TO FULLY FINANCE THE INSTITUTE
CHARTER SCHOOL CAPITAL CONSTRUCTION
; AND
(h) THE INSTITUTE CHARTER SCHOOL 'S PROPOSED METHOD FOR
DISBURSEMENT OF ITS SHARE OF THE BONDED INDEBTEDNESS PROCEEDS
.
(4) A
SCHOOL DISTRICT MAY, IN ITS SOLE DISCRETION, INCLUDE THE
CAPITAL CONSTRUCTION NEEDS OF AN INSTITUTE CHARTER SCHOOL AS PART
OF A BALLOT QUESTION FOR APPROVAL OF BONDED INDEBTEDNESS TO BE
SUBMITTED BY THE SCHOOL DISTRICT TO THE VOTERS OF THE DISTRICT
.
(5) W
HEN A SCHOOL DISTRICT, IN ITS SOLE DISCRETION, WANTS TO
INCLUDE THE CAPITAL CONSTRUCTION NEEDS OF AN INSTITUTE CHARTER
SCHOOL IN A BALLOT QUESTION
, THE BOARD OF EDUCATION MUST, PRIOR TO
SUBMITTING THE BALLOT QUESTION TO THE VOTERS OF THE SCHOOL
DISTRICT
, ENTER INTO A WRITTEN AGREEMENT WITH THE INSTITUTE
CHARTER SCHOOL THAT INCLUDES
:
(a) T
HE PROCESS BY WHICH INVESTMENT AND INTEREST EARNINGS
ON BONDED INDEBTEDNESS PROCEEDS ARE DISTRIBUTED
, AND THE PROCESS
BY WHICH THE INVESTMENT AND INTEREST EARNINGS PROCEEDS AND THE
BONDED INDEBTEDNESS PROCEEDS ARE RELEASED TO THE INSTITUTE
PAGE 3-HOUSE BILL 24-1154 CHARTER SCHOOL, INCLUDING FOR DESIGN , PRE-CONSTRUCTION, AND
PROGRESS PAYMENTS
;
(b) T
HE ALLOCATION OF INVESTMENT AND INTEREST EARNINGS ON
THE BONDED INDEBTEDNESS PROCEEDS
, AND THE ALLOCATION OF THE COST
OF SUBMISSION OF THE BOND QUESTION TO THE VOTERS
, BETWEEN THE
SCHOOL DISTRICT AND THE INSTITUTE CHARTER SCHOOL
;
(c) A
LLOCATION OF THE COSTS TO SUBMIT THE BALLOT QUESTION ,
WHICH MUST BE BORNE BY BOTH THE SCHOOL DISTRICT AND THE INSTITUTE
CHARTER SCHOOL IN PROPORTION TO THE RESPECTIVE PORTIONS OF THE
TOTAL BONDED INDEBTEDNESS PROCEEDS THAT ARE TO BE RECEIVED
,
UNLESS THE SCHOOL DISTRICT AND THE INSTITUTE CHARTER SCHOOL AGREE
TO A DIFFERENT COST
-SHARING AGREEMENT;
(d) A
N AGREEMENT THAT IF THE INSTITUTE CHARTER SCHOOL 'S
CHARTER IS REVOKED OR NOT RENEWED
, IF THE INSTITUTE CHARTER SCHOOL
BECOMES INSOLVENT AND CAN NO LONGER OPERATE AS AN INSTITUTE
CHARTER SCHOOL
, OR IF THE INSTITUTE CHARTER SCHOOL OTHERWISE
CEASES TO OPERATE
, THE SCHOOL DISTRICT HAS PRIORITY IN RECOVERING
DEBT OVER ALL OTHER DEBTORS FOR COSTS AND PAYMENTS OF ALL OTHER
DEBTS SECURED BY THE CAPITAL CONSTRUCTION AND THAT THE OWNERSHIP
OF ANY CAPITAL CONSTRUCTION
, LAND, OR FACILITIES FINANCED BY THE
BONDED INDEBTEDNESS PROCEEDS AUTOMATICALLY REVERTS TO THE
SCHOOL DISTRICT
. THE SCHOOL DISTRICT MAY RELEASE ITS INTEREST IN
PROPERTY
, IN ITS SOLE DISCRETION, AFTER THE BONDED INDEBTEDNESS
PROCEEDS HAVE BEEN REDEEMED
.
(e) A
N AGREEMENT THAT THE INSTITUTE CHARTER SCHOOL SHALL
NOT ENCUMBER ANY CAPITAL CONSTRUCTION FINANCED BY BONDED
INDEBTEDNESS WITH ANY ADDITIONAL DEBT WITHOUT THE EXPRESS
APPROVAL OF THE SCHOOL DISTRICT
. IF THE SCHOOL DISTRICT DENIES
APPROVAL
, THE SCHOOL DISTRICT SHALL PROVIDE WRITTEN REASONS FOR
THE DENIAL
.
SECTION 3. In Colorado Revised Statutes, 22-42-102, amend
(2)(a)(VIII); and add (2)(a)(VIII.5) as follows:
22-42-102. Bonded indebtedness - elections. (2) (a) The board of
education of any school district, at any regular biennial school election or
PAGE 4-HOUSE BILL 24-1154 at a special election called for the purpose, shall submit to the eligible
electors of the district the question of contracting a bonded indebtedness for
one or more of the following purposes:
(VIII) For supporting
A DISTRICT CHARTER SCHOOL'S charter school
capital construction, as defined in section 22-30.5-403 (4), or the land and
facilities needs of a
DISTRICT charter school, as defined in section
22-30.5-403 (3), without title or ownership of
DISTRICT charter school
capital assets being held by the school district or ownership or use
restrictions
BEING placed on the DISTRICT charter school by the school
district;
(VIII.5) F
OR SUPPORTING AN INSTITUTE CHARTER SCHOOL 'S
CHARTER SCHOOL CAPITAL CONSTRUCTION
, AS DEFINED IN SECTION
22-30.5-403 (4), OR THE LAND AND FACILITIES NEEDS OF AN INSTITUTE
CHARTER SCHOOL
, AS DEFINED IN SECTION 22-30.5-403 (5.5), BY INCLUDING
THE INSTITUTE CHARTER SCHOOL
, LOCATED WITHIN THE SCHOOL DISTRICT,
IN A BOND ELECTION CONDUCTED PURSUANT TO SECTION 22-30.5-404.5.
SECTION 4. 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 5-HOUSE BILL 24-1154 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-HOUSE BILL 24-1154