9 | | - | ONCERNING SCHOOL DISTRICT BOARDS ' OF EDUCATION VOLUNTARY |
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10 | | - | INCLUSION OF INSTITUTE CHARTER SCHOOLS IN DISTRICT BALLOT |
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11 | | - | INITIATIVES TO CONTRACT WITH INSTITUTE CHARTER SCHOOLS FOR |
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12 | | - | BONDED INDEBTEDNESS |
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13 | | - | . |
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14 | | - | |
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15 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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16 | | - | SECTION 1. Legislative intent. The intent of this act is to: |
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17 | | - | (1) Clarify and modify the law to allow a school district board of |
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18 | | - | education to voluntarily support institute charter school facilities located |
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19 | | - | within the school district; and |
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20 | | - | (2) Provide clear guidance to a school district board of education |
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21 | | - | that decides to voluntarily support institute charter school facilities located |
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22 | | - | within the school district. |
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23 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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24 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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25 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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26 | | - | history, or the Session Laws. |
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27 | | - | ________ |
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28 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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29 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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30 | | - | the act. SECTION 2. In Colorado Revised Statutes, add 22-30.5-404.5 as |
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31 | | - | follows: |
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32 | | - | 22-30.5-404.5. Discretionary inclusion of institute charter |
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33 | | - | schools in district bond elections - authority - security - legislative |
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34 | | - | intent. (1) I |
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35 | | - | N ENACTING THIS SECTION, IT IS THE INTENT OF THE GENERAL |
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36 | | - | ASSEMBLY TO RESPECT THE PRINCIPLE OF SCHOOL DISTRICT LOCAL CONTROL |
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37 | | - | AND TO PERMIT |
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38 | | - | , BUT NOT REQUIRE, SCHOOL DISTRICTS TO ACT IN THEIR SOLE |
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39 | | - | DISCRETION AND BEST INTEREST BY USING THEIR BEST JUDGMENT IN |
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40 | | - | MANAGING THE RELATIONSHIPS |
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41 | | - | , IF ANY, THEY MAINTAIN WITH AN INSTITUTE |
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42 | | - | CHARTER SCHOOL LOCATED WITHIN THE GEOGRAPHIC BOUNDARIES OF THE |
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43 | | - | SCHOOL DISTRICT |
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44 | | - | . |
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45 | | - | (2) A |
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46 | | - | SCHOOL DISTRICT MAY, IN ITS SOLE DISCRETION, ENGAGE IN |
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47 | | - | DISCUSSIONS WITH AN INSTITUTE CHARTER SCHOOL LOCATED WITHIN THE |
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48 | | - | GEOGRAPHIC BOUNDARIES OF THE SCHOOL DISTRICT CONCERNING THE |
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49 | | - | CAPITAL CONSTRUCTION NEEDS OF THE INSTITUTE CHARTER SCHOOL |
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50 | | - | . |
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51 | | - | (3) I |
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52 | | - | N ORDER FOR A SCHOOL DISTRICT TO CONSIDER , IN ITS SOLE |
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53 | | - | DISCRETION |
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54 | | - | , WHETHER TO INCLUDE THE CAPITAL CONSTRUCTION NEEDS OF |
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55 | | - | AN INSTITUTE CHARTER SCHOOL LOCATED WITHIN THE GEOGRAPHIC |
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56 | | - | BOUNDARIES OF THE SCHOOL DISTRICT IN A BALLOT QUESTION PURSUANT TO |
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57 | | - | SUBSECTION |
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58 | | - | (4) OF THIS SECTION, AN INSTITUTE CHARTER SCHOOL MUST |
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59 | | - | SUBMIT A CAPITAL CONSTRUCTION PLAN TO THE BOARD OF EDUCATION IN |
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60 | | - | WHICH IT IS GEOGRAPHICALLY LOCATED |
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61 | | - | . THE CAPITAL CONSTRUCTION PLAN |
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62 | | - | MUST INCLUDE |
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63 | | - | , BUT IS NOT LIMITED TO: |
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64 | | - | (a) R |
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65 | | - | EASONS WHY THE INSTITUTE CHARTER SCHOOL CAPITAL |
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66 | | - | CONSTRUCTION MUST BE FINANCED BY BONDED INDEBTEDNESS |
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67 | | - | ; |
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68 | | - | (b) A |
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69 | | - | DESCRIPTION OF THE CAPITAL CONSTRUCTION THAT WILL BE |
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70 | | - | FINANCED BY BONDED INDEBTEDNESS |
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71 | | - | ; |
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72 | | - | (c) A |
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73 | | - | DESCRIPTION OF THE ARCHITECTURAL , FUNCTIONAL, AND |
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74 | | - | CONSTRUCTION STANDARDS THAT MEET APPLICABLE STATE BUILDING CODE |
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75 | | - | REQUIREMENTS AND THAT WILL BE APPLIED TO EACH FACILITY SUBJECT TO |
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76 | | - | THE CAPITAL CONSTRUCTION PROJECT |
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77 | | - | ; |
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78 | | - | (d) A |
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79 | | - | N ESTIMATE OF THE TOTAL COSTS FOR COMPLETING THE |
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80 | | - | PAGE 2-HOUSE BILL 24-1154 CAPITAL CONSTRUCTION THAT WILL BE FINANCED BY THE BONDED |
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81 | | - | INDEBTEDNESS AND |
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82 | | - | , IF ANY MONEY OTHER THAN THE BONDED |
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83 | | - | INDEBTEDNESS PROCEEDS |
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84 | | - | , INCLUDING INVESTMENTS AND INTEREST |
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85 | | - | EARNINGS |
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86 | | - | , WILL BE USED TO FINANCE THE CAPITAL CONSTRUCTION , A |
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87 | | - | BREAKDOWN OF THE MONEY THAT WILL BE USED TO FINANCE THE CAPITAL |
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88 | | - | CONSTRUCTION |
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89 | | - | ; |
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90 | | - | (e) A |
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91 | | - | N ESTIMATE OF THE AMOUNT OF TIME NEEDED TO COMPLETE |
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92 | | - | THE CAPITAL CONSTRUCTION PROJECT |
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93 | | - | ; |
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94 | | - | (f) A |
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95 | | - | STATEMENT ADDRESSING WHETHER THE CONSTRUCTION OR |
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96 | | - | RENOVATION |
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97 | | - | , PAYMENT OF OVERRUN COSTS , AND OTHER CAPITAL |
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98 | | - | CONSTRUCTION PROJECT ISSUES WILL BE MANAGED BY THE INSTITUTE |
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99 | | - | CHARTER SCHOOL OR THE SCHOOL DISTRICT AND WHETHER COSTS FOR |
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100 | | - | PROJECT MANAGEMENT WILL BE NEGOTIATED BETWEEN THE INSTITUTE |
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101 | | - | CHARTER SCHOOL AND THE SCHOOL DISTRICT |
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102 | | - | ; |
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103 | | - | (g) R |
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104 | | - | EASONS WHY REVENUE SOURCES OTHER THAN BONDED |
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105 | | - | INDEBTEDNESS ARE INADEQUATE TO FULLY FINANCE THE INSTITUTE |
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106 | | - | CHARTER SCHOOL CAPITAL CONSTRUCTION |
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107 | | - | ; AND |
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108 | | - | (h) THE INSTITUTE CHARTER SCHOOL 'S PROPOSED METHOD FOR |
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109 | | - | DISBURSEMENT OF ITS SHARE OF THE BONDED INDEBTEDNESS PROCEEDS |
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110 | | - | . |
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111 | | - | (4) A |
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112 | | - | SCHOOL DISTRICT MAY, IN ITS SOLE DISCRETION, INCLUDE THE |
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113 | | - | CAPITAL CONSTRUCTION NEEDS OF AN INSTITUTE CHARTER SCHOOL AS PART |
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114 | | - | OF A BALLOT QUESTION FOR APPROVAL OF BONDED INDEBTEDNESS TO BE |
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115 | | - | SUBMITTED BY THE SCHOOL DISTRICT TO THE VOTERS OF THE DISTRICT |
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116 | | - | . |
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117 | | - | (5) W |
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118 | | - | HEN A SCHOOL DISTRICT, IN ITS SOLE DISCRETION, WANTS TO |
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119 | | - | INCLUDE THE CAPITAL CONSTRUCTION NEEDS OF AN INSTITUTE CHARTER |
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120 | | - | SCHOOL IN A BALLOT QUESTION |
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121 | | - | , THE BOARD OF EDUCATION MUST, PRIOR TO |
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122 | | - | SUBMITTING THE BALLOT QUESTION TO THE VOTERS OF THE SCHOOL |
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123 | | - | DISTRICT |
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124 | | - | , ENTER INTO A WRITTEN AGREEMENT WITH THE INSTITUTE |
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125 | | - | CHARTER SCHOOL THAT INCLUDES |
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126 | | - | : |
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127 | | - | (a) T |
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128 | | - | HE PROCESS BY WHICH INVESTMENT AND INTEREST EARNINGS |
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129 | | - | ON BONDED INDEBTEDNESS PROCEEDS ARE DISTRIBUTED |
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130 | | - | , AND THE PROCESS |
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131 | | - | BY WHICH THE INVESTMENT AND INTEREST EARNINGS PROCEEDS AND THE |
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132 | | - | BONDED INDEBTEDNESS PROCEEDS ARE RELEASED TO THE INSTITUTE |
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133 | | - | PAGE 3-HOUSE BILL 24-1154 CHARTER SCHOOL, INCLUDING FOR DESIGN , PRE-CONSTRUCTION, AND |
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134 | | - | PROGRESS PAYMENTS |
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135 | | - | ; |
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136 | | - | (b) T |
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137 | | - | HE ALLOCATION OF INVESTMENT AND INTEREST EARNINGS ON |
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138 | | - | THE BONDED INDEBTEDNESS PROCEEDS |
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139 | | - | , AND THE ALLOCATION OF THE COST |
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140 | | - | OF SUBMISSION OF THE BOND QUESTION TO THE VOTERS |
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141 | | - | , BETWEEN THE |
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142 | | - | SCHOOL DISTRICT AND THE INSTITUTE CHARTER SCHOOL |
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143 | | - | ; |
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144 | | - | (c) A |
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145 | | - | LLOCATION OF THE COSTS TO SUBMIT THE BALLOT QUESTION , |
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146 | | - | WHICH MUST BE BORNE BY BOTH THE SCHOOL DISTRICT AND THE INSTITUTE |
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147 | | - | CHARTER SCHOOL IN PROPORTION TO THE RESPECTIVE PORTIONS OF THE |
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148 | | - | TOTAL BONDED INDEBTEDNESS PROCEEDS THAT ARE TO BE RECEIVED |
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149 | | - | , |
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150 | | - | UNLESS THE SCHOOL DISTRICT AND THE INSTITUTE CHARTER SCHOOL AGREE |
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151 | | - | TO A DIFFERENT COST |
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152 | | - | -SHARING AGREEMENT; |
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153 | | - | (d) A |
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154 | | - | N AGREEMENT THAT IF THE INSTITUTE CHARTER SCHOOL 'S |
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155 | | - | CHARTER IS REVOKED OR NOT RENEWED |
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156 | | - | , IF THE INSTITUTE CHARTER SCHOOL |
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157 | | - | BECOMES INSOLVENT AND CAN NO LONGER OPERATE AS AN INSTITUTE |
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158 | | - | CHARTER SCHOOL |
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159 | | - | , OR IF THE INSTITUTE CHARTER SCHOOL OTHERWISE |
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160 | | - | CEASES TO OPERATE |
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161 | | - | , THE SCHOOL DISTRICT HAS PRIORITY IN RECOVERING |
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162 | | - | DEBT OVER ALL OTHER DEBTORS FOR COSTS AND PAYMENTS OF ALL OTHER |
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163 | | - | DEBTS SECURED BY THE CAPITAL CONSTRUCTION AND THAT THE OWNERSHIP |
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164 | | - | OF ANY CAPITAL CONSTRUCTION |
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165 | | - | , LAND, OR FACILITIES FINANCED BY THE |
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166 | | - | BONDED INDEBTEDNESS PROCEEDS AUTOMATICALLY REVERTS TO THE |
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167 | | - | SCHOOL DISTRICT |
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168 | | - | . THE SCHOOL DISTRICT MAY RELEASE ITS INTEREST IN |
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169 | | - | PROPERTY |
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170 | | - | , IN ITS SOLE DISCRETION, AFTER THE BONDED INDEBTEDNESS |
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171 | | - | PROCEEDS HAVE BEEN REDEEMED |
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172 | | - | . |
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173 | | - | (e) A |
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174 | | - | N AGREEMENT THAT THE INSTITUTE CHARTER SCHOOL SHALL |
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175 | | - | NOT ENCUMBER ANY CAPITAL CONSTRUCTION FINANCED BY BONDED |
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176 | | - | INDEBTEDNESS WITH ANY ADDITIONAL DEBT WITHOUT THE EXPRESS |
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177 | | - | APPROVAL OF THE SCHOOL DISTRICT |
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178 | | - | . IF THE SCHOOL DISTRICT DENIES |
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179 | | - | APPROVAL |
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180 | | - | , THE SCHOOL DISTRICT SHALL PROVIDE WRITTEN REASONS FOR |
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181 | | - | THE DENIAL |
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182 | | - | . |
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183 | | - | SECTION 3. In Colorado Revised Statutes, 22-42-102, amend |
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184 | | - | (2)(a)(VIII); and add (2)(a)(VIII.5) as follows: |
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185 | | - | 22-42-102. Bonded indebtedness - elections. (2) (a) The board of |
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186 | | - | education of any school district, at any regular biennial school election or |
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187 | | - | PAGE 4-HOUSE BILL 24-1154 at a special election called for the purpose, shall submit to the eligible |
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188 | | - | electors of the district the question of contracting a bonded indebtedness for |
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189 | | - | one or more of the following purposes: |
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| 13 | + | ONCERNING SCHOOL DISTRICT BOARDS ' OF EDUCATION VOLUNTARY101 |
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| 14 | + | INCLUSION OF INSTITUTE CHARTER SCHOOLS IN DISTRICT102 |
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| 15 | + | BALLOT INITIATIVES TO CONT RACT WITH INSTITUTE CHARTER103 |
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| 16 | + | SCHOOLS FOR BONDED INDEBTEDNESS .104 |
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| 17 | + | Bill Summary |
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| 18 | + | (Note: This summary applies to this bill as introduced and does |
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| 19 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 20 | + | passes third reading in the house of introduction, a bill summary that |
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| 21 | + | applies to the reengrossed version of this bill will be available at |
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| 22 | + | http://leg.colorado.gov |
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| 23 | + | .) |
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| 24 | + | The bill allows a school district board of education (school district) |
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| 25 | + | to submit to the eligible electors of the district the question of contracting |
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| 26 | + | a bonded indebtedness for capital construction or land and facilities needs |
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| 27 | + | SENATE |
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| 28 | + | 3rd Reading Unamended |
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| 29 | + | April 12, 2024 |
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| 30 | + | SENATE |
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| 31 | + | 2nd Reading Unamended |
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| 32 | + | April 11, 2024 |
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| 33 | + | HOUSE |
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| 34 | + | 3rd Reading Unamended |
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| 35 | + | March 18, 2024 |
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| 36 | + | HOUSE |
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| 37 | + | Amended 2nd Reading |
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| 38 | + | March 15, 2024 |
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| 39 | + | HOUSE SPONSORSHIP |
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| 40 | + | Weinberg and McLachlan, Evans, Lynch, McCluskie |
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| 41 | + | SENATE SPONSORSHIP |
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| 42 | + | Bridges and Lundeen, Baisley, Buckner, Coleman, Gardner, Kirkmeyer, Michaelson |
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| 43 | + | Jenet, Pelton B., Pelton R., Priola, Rich, Simpson, Smallwood, Van Winkle, Will, Zenzinger |
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| 44 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 45 | + | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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| 46 | + | Dashes through the words or numbers indicate deletions from existing law. of an institute charter school located within the school district if: |
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| 47 | + | ! The school district, in the school district's sole discretion, |
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| 48 | + | has approved support for the institute charter school's |
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| 49 | + | capital construction or land and facilities needs; and |
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| 50 | + | ! The school district has obtained security or assurances, if |
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| 51 | + | any, regarding its interest in the land or facilities of the |
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| 52 | + | institute charter school that the school district retains. |
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| 53 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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| 54 | + | SECTION 1. Legislative intent. The intent of this act is to:2 |
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| 55 | + | (1) Clarify and modify the law to allow a school district board of3 |
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| 56 | + | education to voluntarily support institute charter school facilities located4 |
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| 57 | + | within the school district; and5 |
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| 58 | + | (2) Provide clear guidance to a school district board of education6 |
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| 59 | + | that decides to voluntarily support institute charter school facilities7 |
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| 60 | + | located within the school district.8 |
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| 61 | + | SECTION 2. In Colorado Revised Statutes, add 22-30.5-404.59 |
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| 62 | + | as follows:10 |
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| 63 | + | 22-30.5-404.5. Discretionary inclusion of institute charter11 |
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| 64 | + | schools in district bond elections - authority - security - legislative12 |
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| 65 | + | intent. (1) IN ENACTING THIS SECTION, IT IS THE INTENT OF THE GENERAL13 |
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| 66 | + | ASSEMBLY TO RESPECT THE PRINCIPLE OF SCHOOL DISTRICT LOCAL14 |
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| 67 | + | CONTROL AND TO PERMIT, BUT NOT REQUIRE, SCHOOL DISTRICTS TO ACT15 |
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| 68 | + | IN THEIR SOLE DISCRETION AND BEST INTEREST BY USING THEIR BEST16 |
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| 69 | + | JUDGMENT IN MANAGING THE RELATIONSHIPS, IF ANY, THEY MAINTAIN17 |
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| 70 | + | WITH AN INSTITUTE CHARTER SCHOOL LOCATED WITHIN THE GEOGRAPHIC18 |
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| 71 | + | BOUNDARIES OF THE SCHOOL DISTRICT .19 |
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| 72 | + | (2) A SCHOOL DISTRICT MAY, IN ITS SOLE DISCRETION, ENGAGE IN20 |
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| 73 | + | DISCUSSIONS WITH AN INSTITUTE CHARTER SCHOOL LOCATED WITHIN THE21 |
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| 74 | + | GEOGRAPHIC BOUNDARIES OF THE SCHOOL DISTRICT CONCERNING THE22 |
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| 75 | + | 1154-2- CAPITAL CONSTRUCTION NEEDS OF THE INSTITUTE CHARTER SCHOOL .1 |
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| 76 | + | (3) IN ORDER FOR A SCHOOL DISTRICT TO CONSIDER , IN ITS SOLE2 |
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| 77 | + | DISCRETION, WHETHER TO INCLUDE THE CAPITAL CONSTRUCTION NEEDS3 |
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| 78 | + | OF AN INSTITUTE CHARTER SCHOOL LOCATED WITHIN THE GEOGRAPHIC4 |
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| 79 | + | BOUNDARIES OF THE SCHOOL DISTRICT IN A BALLOT QUESTION PURSUANT5 |
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| 80 | + | TO SUBSECTION (4) OF THIS SECTION, AN INSTITUTE CHARTER SCHOOL6 |
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| 81 | + | MUST SUBMIT A CAPITAL CONSTRUCTION PLAN TO THE BOARD OF7 |
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| 82 | + | EDUCATION IN WHICH IT IS GEOGRAPHICALLY LOCATED. THE CAPITAL8 |
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| 83 | + | CONSTRUCTION PLAN MUST INCLUDE , BUT IS NOT LIMITED TO:9 |
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| 84 | + | (a) REASONS WHY THE INSTITUTE CHARTER SCHOOL CAPITAL10 |
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| 85 | + | CONSTRUCTION MUST BE FINANCED BY BONDED INDEBTEDNESS ;11 |
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| 86 | + | (b) A DESCRIPTION OF THE CAPITAL CONSTRUCTION THAT WILL BE12 |
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| 87 | + | FINANCED BY BONDED INDEBTEDNESS ;13 |
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| 88 | + | (c) A DESCRIPTION OF THE ARCHITECTURAL , FUNCTIONAL, AND14 |
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| 89 | + | CONSTRUCTION STANDARDS THAT MEET APPLICABLE STATE BUILDING15 |
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| 90 | + | CODE REQUIREMENTS AND THAT WILL BE APPLIED TO EACH FACILITY16 |
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| 91 | + | SUBJECT TO THE CAPITAL CONSTRUCTION PROJECT ;17 |
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| 92 | + | (d) AN ESTIMATE OF THE TOTAL COSTS FOR COMPLETING THE18 |
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| 93 | + | CAPITAL CONSTRUCTION THAT WILL BE FINANCED BY THE BONDED19 |
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| 94 | + | INDEBTEDNESS AND, IF ANY MONEY OTHER THAN THE BONDED20 |
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| 95 | + | INDEBTEDNESS PROCEEDS, INCLUDING INVESTMENTS AND INTEREST21 |
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| 96 | + | EARNINGS, WILL BE USED TO FINANCE THE CAPITAL CONSTRUCTION, A22 |
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| 97 | + | BREAKDOWN OF THE MONEY THAT WILL BE USED TO FINANCE THE CAPITAL23 |
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| 98 | + | CONSTRUCTION;24 |
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| 99 | + | (e) AN ESTIMATE OF THE AMOUNT OF TIME NEEDED TO COMPLETE25 |
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| 100 | + | THE CAPITAL CONSTRUCTION PROJECT ;26 |
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| 101 | + | (f) A STATEMENT ADDRESSING WHETHER THE CONSTRUCTION OR27 |
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| 102 | + | 1154 |
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| 103 | + | -3- RENOVATION, PAYMENT OF OVERRUN COSTS , AND OTHER CAPITAL1 |
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| 104 | + | CONSTRUCTION PROJECT ISSUES WILL BE MANAGED BY THE INSTITUTE2 |
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| 105 | + | CHARTER SCHOOL OR THE SCHOOL DISTRICT AND WHETHER COSTS FOR3 |
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| 106 | + | PROJECT MANAGEMENT WILL BE NEGOTIATED BETWEEN THE INSTITUTE4 |
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| 107 | + | CHARTER SCHOOL AND THE SCHOOL DISTRICT ;5 |
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| 108 | + | (g) REASONS WHY REVENUE SOURCES OTHER THAN BONDED6 |
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| 109 | + | INDEBTEDNESS ARE INADEQUATE TO FULLY FINANCE THE INSTITUTE7 |
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| 110 | + | CHARTER SCHOOL CAPITAL CONSTRUCTION ; AND8 |
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| 111 | + | (h) THE INSTITUTE CHARTER SCHOOL'S PROPOSED METHOD FOR9 |
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| 112 | + | DISBURSEMENT OF ITS SHARE OF THE BONDED INDEBTEDNESS PROCEEDS.10 |
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| 113 | + | (4) A SCHOOL DISTRICT MAY, IN ITS SOLE DISCRETION, INCLUDE11 |
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| 114 | + | THE CAPITAL CONSTRUCTION NEEDS OF AN INSTITUTE CHARTER SCHOOL AS12 |
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| 115 | + | PART OF A BALLOT QUESTION FOR APPROVAL OF BONDED INDEBTEDNESS13 |
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| 116 | + | TO BE SUBMITTED BY THE SCHOOL DISTRICT TO THE VOTERS OF THE14 |
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| 117 | + | DISTRICT.15 |
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| 118 | + | (5) WHEN A SCHOOL DISTRICT, IN ITS SOLE DISCRETION, WANTS TO16 |
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| 119 | + | INCLUDE THE CAPITAL CONSTRUCTION NEEDS OF AN INSTITUTE CHARTER17 |
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| 120 | + | SCHOOL IN A BALLOT QUESTION, THE BOARD OF EDUCATION MUST, PRIOR18 |
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| 121 | + | TO SUBMITTING THE BALLOT QUESTION TO THE VOTERS OF THE SCHOOL19 |
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| 122 | + | DISTRICT, ENTER INTO A WRITTEN AGREEMENT WITH THE INSTITUTE20 |
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| 123 | + | CHARTER SCHOOL THAT INCLUDES :21 |
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| 124 | + | (a) THE PROCESS BY WHICH INVESTMENT AND INTEREST EARNINGS22 |
---|
| 125 | + | ON BOND INDEBTEDNESS PROCEEDS ARE DISTRIBUTED, AND THE PROCESS23 |
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| 126 | + | BY WHICH THE INVESTMENT AND INTEREST EARNINGS PROCEEDS AND THE24 |
---|
| 127 | + | BONDED INDEBTEDNESS PROCEEDS ARE RELEASED TO THE INSTITUTE25 |
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| 128 | + | CHARTER SCHOOL, INCLUDING FOR DESIGN, PRE-CONSTRUCTION, AND26 |
---|
| 129 | + | PROGRESS PAYMENTS;27 |
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| 130 | + | 1154 |
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| 131 | + | -4- (b) THE ALLOCATION OF INVESTMENT AND INTEREST EARNINGS ON1 |
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| 132 | + | THE BONDED INDEBTEDNESS PROCEEDS, AND THE ALLOCATION OF THE2 |
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| 133 | + | COST OF SUBMISSION OF THE BOND QUESTION TO THE VOTERS , BETWEEN3 |
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| 134 | + | THE SCHOOL DISTRICT AND THE INSTITUTE CHARTER SCHOOL ;4 |
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| 135 | + | (c) ALLOCATION OF THE COSTS TO SUBMIT THE BALLOT QUESTION,5 |
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| 136 | + | WHICH MUST BE BORNE BY BOTH THE SCHOOL DISTRICT AND THE6 |
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| 137 | + | INSTITUTE CHARTER SCHOOL IN PROPORTION TO THE RESPECTIVE PORTIONS7 |
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| 138 | + | OF THE TOTAL BONDED INDEBTEDNESS PROCEEDS THAT ARE TO BE8 |
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| 139 | + | RECEIVED, UNLESS THE SCHOOL DISTRICT AND THE INSTITUTE CHARTER9 |
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| 140 | + | SCHOOL AGREE TO A DIFFERENT COST -SHARING AGREEMENT;10 |
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| 141 | + | (d) AN AGREEMENT THAT IF THE INSTITUTE CHARTER SCHOOL 'S11 |
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| 142 | + | CHARTER IS REVOKED OR NOT RENEWED, IF THE INSTITUTE CHARTER12 |
---|
| 143 | + | SCHOOL BECOMES INSOLVENT AND CAN NO LONGER OPERATE AS AN13 |
---|
| 144 | + | INSTITUTE CHARTER SCHOOL , OR IF THE INSTITUTE CHARTER SCHOOL14 |
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| 145 | + | OTHERWISE CEASES TO OPERATE, THE SCHOOL DISTRICT HAS PRIORITY IN15 |
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| 146 | + | RECOVERING DEBT OVER ALL OTHER DEBTORS FOR COSTS AND PAYMENTS16 |
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| 147 | + | OF ALL OTHER DEBTS SECURED BY THE CAPITAL CONSTRUCTION AND THAT17 |
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| 148 | + | THE OWNERSHIP OF ANY CAPITAL CONSTRUCTION, LAND, OR FACILITIES18 |
---|
| 149 | + | FINANCED BY THE BONDED INDEBTEDNESS PROCEEDS AUTOMATICALLY19 |
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| 150 | + | REVERTS TO THE SCHOOL DISTRICT. THE SCHOOL DISTRICT MAY RELEASE20 |
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| 151 | + | ITS INTEREST IN PROPERTY, IN ITS SOLE DISCRETION, AFTER THE BOND21 |
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| 152 | + | INDEBTEDNESS PROCEEDS HAVE BEEN REDEEMED .22 |
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| 153 | + | (e) AN AGREEMENT THAT THE INSTITUTE CHARTER SCHOOL SHALL23 |
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| 154 | + | NOT ENCUMBER ANY CAPITAL CONSTRUCTION FINANCED BY BOND24 |
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| 155 | + | INDEBTEDNESS WITH ANY ADDITIONAL DEBT WITHOUT THE EXPRESS25 |
---|
| 156 | + | APPROVAL OF THE SCHOOL DISTRICT. IF THE SCHOOL DISTRICT DENIES26 |
---|
| 157 | + | APPROVAL, THE SCHOOL DISTRICT SHALL PROVIDE WRITTEN REASONS FOR27 |
---|
| 158 | + | 1154 |
---|
| 159 | + | -5- THE DENIAL.1 |
---|
| 160 | + | SECTION 3. In Colorado Revised Statutes, 22-42-102, amend2 |
---|
| 161 | + | (2)(a)(VIII); and add (2)(a)(VIII.5) as follows:3 |
---|
| 162 | + | 22-42-102. Bonded indebtedness - elections. (2) (a) The board4 |
---|
| 163 | + | of education of any school district, at any regular biennial school election5 |
---|
| 164 | + | or at a special election called for the purpose, shall submit to the eligible6 |
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| 165 | + | electors of the district the question of contracting a bonded indebtedness7 |
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| 166 | + | for one or more of the following purposes:8 |
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