HOUSE BILL 24-1389
BY REPRESENTATIVE(S) Sirota and Taggart, Bird, Amabile, Bacon,
Brown, Clifford, Daugherty, Duran, English, Epps, Froelich, Garcia,
Hamrick, Hernandez, Herod, Joseph, Kipp, Lieder, Lindsay, Lindstedt,
Lukens, Mabrey, Martinez, Marvin, Mauro, McCormick, McLachlan, Ortiz,
Parenti, Ricks, Rutinel, Story, Titone, Velasco, Weissman, Willford,
Woodrow, Young, McCluskie;
also SENATOR(S) Zenzinger and Kirkmeyer, Bridges, Coleman, Cutter,
Exum, Gonzales, Hinrichsen, Michaelson Jenet, Priola, Rodriguez, Fenberg.
C
ONCERNING PROVIDING FUNDING TO SCHOOLS IN THE 2023-24 BUDGET
YEAR FOR INCREASES IN PUPIL ENROLLMENT AFTER THE
2023-24
BUDGET YEAR PUPIL ENROLLMENT COUNT DAY , AND, IN CONNECTION
THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds that:
(a) A federal government directive requires that states provide a
uniform public education that ensures equitable access to educational
opportunities for all students, regardless of background or location. The
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. directive's goal is to promote consistency in educational standards,
curriculum, and resources across the states in order to foster a level field for
all students.
(b) During the 2024 legislative session, the general assembly
accounted for the mid-year adjustment in school funding for the 2023-24
budget year, resulting in a decrease of $23,964,790 to the state share of total
program funding, which amount remained in the state education fund;
(c) Pursuant to section 22-54-103 (10.5), Colorado Revised Statutes,
the annual pupil enrollment count day generally occurs on October 1 of
each budget year. The annual pupil enrollment count day is when school
districts and institute charter schools count their students, and that count
affects the funding amount that a school district or institute charter school
receives for the budget year.
(d) Between October 1, 2023, and February 29, 2024, Colorado
experienced an unprecedented influx of new arrival students enrolling in
schools across the state;
(e) The influx of new arrival students highlights the critical need for
increased funding. This sudden influx has strained existing school
infrastructure and staffing, led to overcrowded classrooms, stretched
resources, and increased complexity to the student learning environment.
Schools are scrambling to accommodate the influx.
(f) New arrival students face unique challenges, including language
barriers, cultural adjustments, and various academic backgrounds. These
unique challenges require specialized resources and support services.
(2) Therefore, the general assembly declares that additional funding
is essential to provide the services necessary to address the needs of new
arrival students and to ensure that existing students enrolled in Colorado
schools have access to the teachers, support staff, class sizes, and facilities
necessary to learn without compromising educational outcomes and student
well-being.
SECTION 2. In Colorado Revised Statutes, add 22-54-147 as
follows:
PAGE 2-HOUSE BILL 24-1389 22-54-147. New arrival students funding - 2023-24 budget year
- legislative declaration - definitions - repeal. (1) A
S USED IN THIS
SECTION
, UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "N
EW ARRIVAL STUDENT" MEANS A STUDENT WHO MOVED FROM
ANOTHER COUNTRY TO
COLORADO, DIRECTLY OR INDIRECTLY; WHO HAS
BEEN IN THE
UNITED STATES FOR LESS THAN ONE YEAR ; WHO IS NOT
PROFICIENT IN
ENGLISH OR HAS LIMITED ENGLISH PROFICIENCY; AND WHOSE
ENROLLMENT IN A
COLORADO PUBLIC SCHOOL IS THE STUDENT 'S FIRST
SCHOOL ENROLLMENT IN THE
UNITED STATES.
(b) "T
OTAL NET STUDENT POPULATION " MEANS THE SCHOOL
DISTRICT
'S OR THE INSTITUTE CHARTER SCHOOL 'S STUDENT POPULATION,
DETERMINED PURSUANT TO SUBSECTION (4) OF THIS SECTION.
(c) "T
OTAL NEW ARRIVAL STUDENT POPULATION " MEANS THE TOTAL
NUMBER OF NEW ARRIVAL STUDENTS AS OF
FEBRUARY 29, 2024, WHO
ENROLLED IN A SCHOOL DISTRICT OR AN INSTITUTE CHARTER SCHOOL AFTER
THE PUPIL ENROLLMENT COUNT DAY FOR THE
2023-24 BUDGET YEAR,
DETERMINED PURSUANT TO SUBSECTION (3) OF THIS SECTION.
(2) (a) F
OR THE 2023-24 BUDGET YEAR, THE GENERAL ASSEMBLY
SHALL APPROPRIATE TWENTY
-FOUR MILLION DOLLARS FROM THE STATE
EDUCATION FUND TO THE DEPARTMENT OF EDUCATION TO PROVIDE
ONE
-TIME FUNDING FOR SCHOOL DISTRICTS AND INSTITUTE CHARTER
SCHOOLS THAT ENROLLED NEW ARRIVAL STUDENTS
.
(b) A
SCHOOL DISTRICT OR AN INSTITUTE CHARTER SCHOOL IS ONLY
REQUIRED TO PERFORM THE REQUIREMENTS PURSUANT TO THIS SECTION IF
THE SCHOOL DISTRICT OR INSTITUTE CHARTER SCHOOL IS REQUESTING
FUNDING PURSUANT TO THIS SECTION
.
(c) T
HE DEPARTMENT OF EDUCATION SHALL RETAIN AND SPEND NO
MORE THAN FIFTY THOUSAND DOLLARS FROM THE MONEY APPROPRIATED
FROM THE STATE EDUCATION FUND PURSUANT TO THIS SECTION TO OFFSET
DIRECT AND INDIRECT ADMINISTRATIVE COSTS INCURRED IN PERFORMING
THE DEPARTMENT OF EDUCATION
'S DUTIES PURSUANT TO THIS SECTION.
(d) T
HE GENERAL ASSEMBLY DECLARES THAT FOR THE PURPOSES OF
SECTION
17 (4) OF ARTICLE IX OF THE STATE CONSTITUTION, PROVIDING
PAGE 3-HOUSE BILL 24-1389 FUNDING TO DISTRICTS AND INSTITUTE CHARTER SCHOOLS THAT ENROLLED
NEW ARRIVAL STUDENTS IS ACCOUNTABLE EDUCATION REFORM AND AN
ACCOUNTABLE PROGRAM TO MEET STATE ACADEMIC STANDARDS
, AND
THEREFORE DISTRICTS AND INSTITUTE CHARTER SCHOOLS MAY RECEIVE
FUNDING FROM THE STATE EDUCATION FUND CREATED IN SECTION
17 (4) OF
ARTICLE
IX OF THE STATE CONSTITUTION FOR THIS PURPOSE .
(3) T
O DETERMINE THE SCHOOL DISTRICT 'S OR THE INSTITUTE
CHARTER SCHOOL
'S TOTAL NEW ARRIVAL STUDENT POPULATION , THE
DEPARTMENT OF EDUCATION SHALL CALCULATE THE SUM OF
:
(a) A
SCHOOL DISTRICT'S OR INSTITUTE CHARTER SCHOOL'S TOTAL
NUMBER OF NEW ARRIVAL STUDENTS AS OF
FEBRUARY 9, 2024, WHO
ENROLLED AFTER THE PUPIL ENROLLMENT COUNT DAY FOR THE
2023-24
BUDGET YEAR, DETERMINED BY DATA COLLECTED PURSUANT TO SECTION
22-24-106 (1)(a); AND
(b) A SCHOOL DISTRICT'S OR INSTITUTE CHARTER SCHOOL'S TOTAL
NUMBER OF NEW ARRIVAL STUDENTS AS OF
FEBRUARY 29, 2024, WHO
ENROLLED AFTER
FEBRUARY 9, 2024, FOR THE 2023-24 BUDGET YEAR,
DETERMINED BY AN ATTESTATION OF THE TOTAL NUMBER OF NEW ARRIVAL
STUDENTS AS OF
FEBRUARY 29, 2024, WHO ENROLLED AFTER FEBRUARY 9,
2024,
FOR THE 2023-24 BUDGET YEAR ACCOMPANIED BY A SIGNED
STATEMENT SUBMITTED TO THE DEPARTMENT OF EDUCATION BY THE SCHOOL
DISTRICT
'S SUPERINTENDENT OR THE SUPERINTENDENT 'S DESIGNEE, OR THE
CHAIR OF THE INSTITUTE CHARTER SCHOOL
'S GOVERNING BOARD OR THE
CHAIR
'S DESIGNEE, AFFIRMING THAT THE DATA PROVIDED IS ACCURATE TO
THE BEST OF THE SCHOOL DISTRICT
'S OR INSTITUTE CHARTER SCHOOL 'S
KNOWLEDGE
.
(4) T
O DETERMINE THE SCHOOL DISTRICT 'S OR THE INSTITUTE
CHARTER SCHOOL
'S TOTAL NET STUDENT POPULATION, THE DEPARTMENT OF
EDUCATION SHALL CALCULATE THE DIFFERENCE BETWEEN
:
(a) A
SCHOOL DISTRICT'S OR INSTITUTE CHARTER SCHOOL'S TOTAL
NUMBER OF ENROLLED PUPILS AS OF
FEBRUARY 29, 2024, DETERMINED BY
AN ATTESTATION OF THE SCHOOL DISTRICT
'S OR INSTITUTE CHARTER
SCHOOL
'S TOTAL NUMBER OF ENROLLED PUPILS AS OF FEBRUARY 29, 2024,
ACCOMPANIED BY A SIGNED STATEMENT SUBMITTED TO THE DEPARTMENT
OF EDUCATION BY THE SCHOOL DISTRICT
'S SUPERINTENDENT OR THE
PAGE 4-HOUSE BILL 24-1389 SUPERINTENDENT'S DESIGNEE, OR THE CHAIR OF THE INSTITUTE CHARTER
SCHOOL
'S GOVERNING BOARD OR THE CHAIR 'S DESIGNEE, AFFIRMING THAT
THE DATA PROVIDED IS ACCURATE TO THE BEST OF THE SCHOOL DISTRICT
'S
OR INSTITUTE CHARTER SCHOOL
'S KNOWLEDGE; AND
(b) THE SCHOOL DISTRICT'S OR INSTITUTE CHARTER SCHOOL'S PUPIL
ENROLLMENT FOR THE
2023-24 BUDGET YEAR ON THE PUPIL ENROLLMENT
COUNT DAY FOR THE
2023-24 BUDGET YEAR.
(5) (a) R
EGARDLESS OF WHETHER A SCHOOL DISTRICT OR AN
INSTITUTE CHARTER SCHOOL RECEIVES MONEY PURSUANT TO SUBSECTION
(5)(b) OF THIS SECTION, THE DEPARTMENT OF EDUCATION SHALL DISTRIBUTE
TO EACH SCHOOL DISTRICT REQUESTING FUNDING PURSUANT TO THIS
SECTION
, OR TO THE STATE CHARTER SCHOOL INSTITUTE FOR THE STATE
CHARTER SCHOOL INSTITUTE TO DISTRIBUTE TO INSTITUTE CHARTER
SCHOOLS REQUESTING FUNDING PURSUANT TO THIS SECTION
:
(I) F
IFTEEN THOUSAND DOLLARS , IF THE TOTAL NEW ARRIVAL
STUDENT POPULATION OF THE SCHOOL DISTRICT THAT IS REQUESTING
FUNDING
, OR THE STATE CHARTER SCHOOL INSTITUTE ON BEHALF OF THE
INSTITUTE CHARTER SCHOOLS REQUESTING FUNDING
, IS ONE OR MORE BUT
NO MORE THAN FIVE
;
(II) T
HIRTY THOUSAND DOLLARS , IF THE TOTAL NEW ARRIVAL
STUDENT POPULATION OF THE SCHOOL DISTRICT THAT IS REQUESTING
FUNDING
, OR THE STATE CHARTER SCHOOL INSTITUTE ON BEHALF OF THE
INSTITUTE CHARTER SCHOOLS REQUESTING F UNDING
, IS SIX OR MORE BUT NO
MORE THAN TEN
;
(III) S
EVENTY-FIVE THOUSAND DOLLARS , IF THE TOTAL NEW
ARRIVAL STUDENT POPULATION OF THE SCHOOL DISTRICT THAT IS
REQUESTING FUNDING
, OR THE STATE CHARTER SCHOOL INSTITUTE ON
BEHALF OF THE INSTITUTE CHARTER SCHOOLS REQUESTING FUNDING
, IS
ELEVEN OR MORE BUT NO MORE THAN THIRTY
;
(IV) O
NE HUNDRED TWENTY -FIVE THOUSAND DOLLARS , IF THE
TOTAL NEW ARRIVAL STUDENT POPULATION OF THE SCHOOL DISTRICT THAT
IS REQUESTING FUNDING
, OR THE STATE CHARTER SCHOOL INSTITUTE ON
BEHALF OF THE INSTITUTE CHARTER SCHOOLS REQUESTING FUNDING
, IS
THIRTY
-ONE OR MORE BUT NO MORE THAN FIFTY ;
PAGE 5-HOUSE BILL 24-1389 (V) TWO HUNDRED THOUSAND DOLLARS , IF THE TOTAL NEW ARRIVAL
STUDENT POPULATION OF THE SCHOOL DISTRICT THAT IS REQUESTING
FUNDING
, OR THE STATE CHARTER SCHOOL INSTITUTE ON BEHALF OF THE
INSTITUTE CHARTER SCHOOLS REQUESTING FUNDING
, IS FIFTY-ONE OR MORE
BUT NO MORE THAN ONE HUNDRED
;
(VI) F
OUR HUNDRED THOUSAND DOLLARS , IF THE TOTAL NEW
ARRIVAL STUDENT POPULATION OF THE SCHOOL DISTRICT THAT IS
REQUESTING FUNDING
, OR THE STATE CHARTER SCHOOL INSTITUTE ON
BEHALF OF THE INSTITUTE CHARTER SCHOOLS REQUESTING FUNDING
, IS ONE
HUNDRED ONE OR MORE BUT NO MORE THAN TWO HUNDRED
;
(VII) F
IVE HUNDRED FIFTY THOUSAND DOLLARS , IF THE TOTAL NEW
ARRIVAL STUDENT POPULATION OF THE SCHOOL DISTRICT THAT IS
REQUESTING FUNDING
, OR THE STATE CHARTER SCHOOL INSTITUTE ON
BEHALF OF THE INSTITUTE CHARTER SCHOOLS REQUESTING FUNDING
, IS TWO
HUNDRED ONE OR MORE BUT NO MORE THAN FIVE HUNDRED
; OR
(VIII) SEVEN HUNDRED FIFTY THOUSAND DOLLARS , IF THE TOTAL
NEW ARRIVAL STUDENT POPULATION OF THE SCHOOL DISTRICT THAT IS
REQUESTING FUNDING
, OR THE STATE CHARTER SCHOOL INSTITUTE ON
BEHALF OF THE INSTITUTE CHARTER SCHOOLS REQUESTING FUNDING
, IS FIVE
HUNDRED ONE OR MORE
.
(b) (I) F
OR EACH SCHOOL DISTRICT AND EACH INSTITUTE CHARTER
SCHOOL THAT IS REQUESTING FUNDING PURSUANT TO THIS SECTION
, THE
DEPARTMENT OF EDUCATION SHALL DISTRIBUTE TO THE SCHOOL DISTRICT
,
OR TO THE STATE CHARTER SCHOOL INSTITUTE FOR THE STATE CHARTER
SCHOOL INSTITUTE TO DISTRIBUTE TO THE INSTITUTE CHARTER SCHOOL
, AN
AMOUNT EQUAL TO FOUR THOUSAND FIVE HUNDRED DOLLARS MULTIPLIED
BY THE SCHOOL DISTRICT
'S OR INSTITUTE CHARTER SCHOOL 'S TOTAL NET
STUDENT POPULATION OR TOTAL NEW ARRIVAL STUDENT POPULATION
,
WHICHEVER IS LESSER.
(II) (A) I
F THE AMOUNT APPROPRIATED PURSUANT TO THIS SECTION
IS INSUFFICIENT TO FULLY FUND THE DISTRIBUTIONS PURSUANT TO
SUBSECTION
(5)(b)(I) OF THIS SECTION, THE DEPARTMENT OF EDUCATION
SHALL REDUCE THE AMOUNT OF EACH SCHOOL DISTRICT
'S OR EACH
INSTITUTE CHARTER SCHOOL
'S DISTRIBUTIONS PURSUANT TO SUBSECTION
(5)(b)(I) OF THIS SECTION BY A PROPORTIONATE PERCENTAGE OF THE
PAGE 6-HOUSE BILL 24-1389 AMOUNT REQUIRED TO FULLY FUND THE DISTRIBUTIONS PURSUANT TO
SUBSECTION
(5)(b)(I) OF THIS SECTION.
(B) I
F THERE IS AN AMOUNT REMAINING FROM THE AMOUNT
APPROPRIATED PURSUANT TO THIS SECTION AFTER CALCULATING THE
AMOUNT THAT EACH SC HOOL DISTRICT AND EACH INSTITUTE CHARTER
SCHOOL REQUESTING FUNDING WILL RECEIVE PURSUANT TO THIS
SUBSECTION
(5), THE DEPARTMENT OF EDUCATION SHALL INCREASE THE
AMOUNT OF EACH SCHOOL DISTRICT
'S OR EACH INSTITUTE CHARTER
SCHOOL
'S DISTRIBUTION IN SUBSECTION (5)(b)(I) OF THIS SECTION BY A
PROPORTIONATE PERCENTAGE OF THE AMOUNT REMAINING
, SO THAT THE
TOTAL AMOUNT APPROPRIATED PURSUANT TO THIS SECTION IS EXPENDED
.
(c) N
OTWITHSTANDING SECTION 22-2-306, THE DEPARTMENT OF
EDUCATION IS NOT REQUIRED TO PROVIDE ADVANCE NOTICE REQUIREMENTS
TO A SCHOOL DISTRICT OR AN INSTITUTE CHARTER SCHOOL IN IMPLEMENTING
THIS SECTION
.
(6) (a) T
HE DEPARTMENT OF EDUCATION SHALL ENSURE THAT A
SCHOOL DISTRICT
'S OR AN INSTITUTE CHARTER SCHOOL 'S TOTAL NEW
ARRIVAL STUDENT POPULATION DOES NOT INCLUDE STUDENTS WHO WERE
PREVIOUSLY INCLUDED IN THE SCHOOL DISTRICT
'S OR THE INSTITUTE
CHARTER SCHOOL
'S PUPIL ENROLLMENT FOR THE 2023-24 BUDGET YEAR ON
THE PUPIL ENROLLMENT COUNT DAY FOR THE
2023-24 BUDGET YEAR.
(b) (I) O
N OR BEFORE A DATE DETERMINED BY THE DEPARTMENT OF
EDUCATION
, THE DEPARTMENT OF EDUCATION SHALL PROVIDE TO EACH
DISTRICT AND INSTITUTE CHARTER SCHOOL A PRELIMINARY AMOUNT TO BE
DISTRIBUTED
, DETERMINED PURSUANT TO SUBSECTION (5) OF THIS SECTION.
(II) O
N OR BEFORE A DATE DETERMINED BY THE DEPARTMENT OF
EDUCATION
, A SCHOOL DISTRICT OR AN INSTITUTE CHARTER SCHOOL MAY
PROVIDE EVIDENCE TO THE DEPARTMENT OF EDUCATION THAT SUPPORTS A
DIFFERENT AMOUNT TO BE DISTRIBUTED FROM THE DEPARTMENT OF
EDUCATION
'S PRELIMINARY AMOUNT TO BE DISTRIBUTED DETERMINED
PURSUANT TO SUBSECTION
(5) OF THIS SECTION.
(III) N
O LATER THAN MAY 1, 2024, THE DEPARTMENT OF EDUCATION
SHALL FINALIZE THE AMOUNT TO BE DISTRIBUTED TO EACH SCHOOL DISTRICT
AND INSTITUTE CHARTER SCHOOL AND NOTIFY EACH SCHOOL DISTRICT AND
PAGE 7-HOUSE BILL 24-1389 INSTITUTE CHARTER SCHOOL OF THAT AMOUNT .
(IV) N
O LATER THAN MAY 31, 2024, THE DEPARTMENT OF
EDUCATION SHALL DISTRIBUTE TO EACH SCHOOL DISTRICT
, AND TO THE
STATE CHARTER SCHOOL INSTITUTE FOR THE STATE CHARTER SCHOOL
INSTITUTE TO DISTRIBUTE TO EACH INSTITUTE CHARTER SCHOOL
, THE
AMOUNT DETERMINED PURSUANT TO THIS SECTION
.
(7) T
HE DEPARTMENT OF EDUCATION IS AUTHORIZED TO REVIEW THE
SCHOOL DISTRICT
'S OR THE INSTITUTE CHARTER SCHOOL'S USE OF FUNDING
PROVIDED PURSUANT TO THIS SECTION
, BUT A PAYMENT IS NOT SUBJECT TO
AUDIT REQUIREMENTS PURSUANT TO SECTION
22-2-113 (1)(f).
(8) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2026.
SECTION 3. Appropriation. For the 2023-24 state fiscal year,
$24,000,000 is appropriated to the department of education. This
appropriation is from the state education fund created in section 17 (4)(a)
of article IX of the state constitution. To implement this act, the department
may use this appropriation for new arrival students funding pursuant to
section 22-54-147, C.R.S.
SECTION 4. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 8-HOUSE BILL 24-1389 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
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 9-HOUSE BILL 24-1389