Colorado House Bill HB1448 Introduced / Bill

                    Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
 
 
LLS NO. 24-0977.06 Jacob Baus x2173
HOUSE BILL 24-1448
House Committees Senate Committees
Education
A BILL FOR AN ACT
C
ONCERNING THE CREATION OF A MODERNIZED APPROACH TO101
FUNDING PUBLIC EDUCATION .102
Bill Summary
(Note:  This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill creates a new total program formula (new formula), which
is used to determine each school district's (district) and institute charter
school's annual total program amount to fund public education. With
limited exception, the district or the institute charter school has the
discretion to determine the budgeting and expending of its total program
money.
HOUSE SPONSORSHIP
McCluskie and Bacon,
SENATE SPONSORSHIP
Lundeen and Zenzinger,
Shading denotes HOUSE amendment.  Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. The new formula:
! Starts with a district's foundation funding, which is
determined by multiplying the statewide base per pupil
funding by the district's funded pupil count, excluding the
district's extended high school pupil enrollment and the
district's online pupil enrollment; then
! Adds the district's at-risk funding, which is determined by
multiplying the statewide base per pupil funding by 25%
and then multiplying that result by the district's at-risk pupil
enrollment; then
! Adds the district's English language learning funding,
which is determined by multiplying the statewide base per
pupil funding by 25% and then multiplying that result by
the district's English language learner pupil enrollment;
then
! Adds the district's special education funding, which is
determined by multiplying the statewide base per pupil
funding by 25% and then multiplying that result by the
district's special education pupil enrollment; then
! Adds the district's cost of living factor, which is determined
by multiplying the statewide base per pupil funding by the
district's funded pupil count, excluding the district's
extended high school pupil enrollment and the district's
online pupil enrollment, and then multiplying that result by
the district's cost of living factor; then
! Adds the district's locale factor, which is determined by
multiplying the statewide base per pupil funding by the
district's funded pupil count, excluding the district's
extended high school pupil enrollment and the district's
online pupil enrollment, and then multiplying that result by
the district's locale factor; then
! Adds the district's size factor, which is determined by
multiplying the statewide base per pupil funding by the
district's funded pupil count, excluding the district's
extended high school pupil enrollment and the district's
online pupil enrollment, and then multiplying that result by
the district's size factor; then
! Adds the district's extended high school funding, which is
determined by multiplying the district's extended high
school pupil enrollment by an amount that increases by the
same percentage that the statewide base per student funding
increases; then
! Adds the district's online funding, which is determined by
multiplying the district's online pupil enrollment by an
amount that increases by the same percentage that the
HB24-1448
-2- statewide base per student funding increases.
Beginning in the 2030-31 state fiscal year, the new formula will
determine each district's and institute charter school's annual total
program amount.
For the 2025-26 state fiscal year through the 2029-30 state fiscal
year, each district's and institute charter school's annual total program
amount will be determined by calculating each district's and institute
charter school's annual total program amount under the new formula and
the expiring formula. During these state fiscal years, a district's or
institute charter school's annual total program amount is the district's or
institute charter school's calculation under the expiring formula, unless:
! For the 2025-26 state fiscal year, if the total program
calculation under the new formula is greater than the total
program calculation under the expiring formula, the
district's or institute charter school's annual total program
amount is the amount calculated under the expiring formula
plus an amount equal to 18% of the difference between the
amount calculated under the new formula and the expiring
formula;
! For the 2026-27 state fiscal year, if the total program
calculation under the new formula is greater than the total
program calculation under the expiring formula, the
district's or institute charter school's annual total program
amount is the amount calculated under the expiring formula
plus an amount equal to 34% of the difference between the
amount calculated under the new formula and the expiring
formula;
! For the 2027-28 state fiscal year, if the total program
calculation under the new formula is greater than the total
program calculation under the expiring formula, the
district's or institute charter school's annual total program
amount is the amount calculated under the expiring formula
plus an amount equal to 50% of the difference between the
amount calculated under the new formula and the expiring
formula;
! For the 2028-29 state fiscal year, if the total program
calculation under the new formula is greater than the total
program calculation under the expiring formula, the
district's or institute charter school's annual total program
amount is the amount calculated under the expiring formula
plus an amount equal to 66% of the difference between the
amount calculated under the new formula and the expiring
formula; and
! For the 2029-30 state fiscal year, if the total program
calculation under the new formula is greater than the total
HB24-1448
-3- program calculation under the expiring formula, the
district's or institute charter school's annual total program
amount is the amount calculated under the expiring formula
plus an amount equal to 82% of the difference between the
amount calculated under the new formula and the expiring
formula.
The bill repeals the expiring formula on July 1, 2030.
The bill makes amendments to conform with these changes and to
repeal obsolete provisions within the "Public School Finance Act".
The bill requires the department of education to contract with
third-party entities to conduct 2 studies and publish reports concerning
weighted student budgeting and implementing a multiple count day
method for determining pupil enrollment. The third-party entities are
required to submit reports to the education committees of the house of
representatives and the senate, and the governor, by June 30, 2025.
Under current law, there is the public school fund of the state
(permanent school fund). The bill requires that:
! For the 2024-25 state fiscal year, the first $11 million of
interest and income earned on the deposit and investment
of money in the permanent school fund (interest and
income) is credited to the state public school fund, the next
$11 million of interest and income becomes part of the
principal of the permanent school fund, and the remaining
interest and income is credited to the restricted account of
the public school capital construction assistance fund
(assistance fund);
! For the 2025-26 state fiscal year, the first $6 million of
interest and income is credited to the state public school
fund, the next $6 million of interest and income becomes
part of the principal of the permanent school fund, and the
remaining interest and income is credited to the restricted
account of the assistance fund; and
! For the 2026-27 state fiscal year, and state fiscal years
thereafter, all interest and income is credited to the
restricted account of the assistance fund.
The bill requires the state treasurer to allocate any money
remaining in the state land board trust administration fund to pay for the
services provided by the investment consultant hired by the public school
investment board and for the reimbursement for travel and other
necessary expenses incurred by the members of that board.
Under certain circumstances, the bill requires to be credited to the
assistance fund:
! For the 2024-25 state fiscal year, the greater of $10 million
from proceeds received from certain resources from public
school lands plus 50% of the gross amount of public school
HB24-1448
-4- lands income other than interest or income, or $40 million;
! For the 2025-26 state fiscal year, the greater of $15 million
from proceeds received from certain resources from public
school lands plus 50% of the gross amount of public school
lands income other than interest or income, or $40 million;
and
! For the 2026-27 state fiscal year, and each state fiscal year
thereafter, the greater of $21 million from proceeds
received from certain resources from public school lands
plus 50% of the gross amount of public school lands
income other than interest or income, or $40 million.
The bill credits an amount to the charter school facilities assistance
account from the assistance fund.
The bill increases the total maximum amount of annual payments
payable by the state during a state fiscal year under the terms of all
outstanding financed purchase of an asset or certificate of participation
agreements entered into by the state treasurer from $125 million to $150
million.
Current law dictates the distribution of proceeds received from
certain resources from public school lands, of which, a certain amount is
credited to the permanent school fund. The bill requires that:
! For the 2024-25 state fiscal year, the first $10 million is
credited to the assistance fund;
! For the 2025-26 state fiscal year, the first $15 million is
credited to the assistance fund; and
! For the 2026-27 state fiscal year, and each state fiscal year
thereafter, the first $21 million is credited to the assistance
fund.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, amend 22-54-101 as2
follows:3
22-54-101.  Short title. This article shall be known and may be
4
cited as the "Public School Finance Act of 1994" THE SHORT TITLE OF5
THIS ARTICLE 54 IS THE "PUBLIC SCHOOL FINANCE ACT OF 2025".6
SECTION 2. In Colorado Revised Statutes, amend 22-54-102 as7
follows:8
22-54-102.  Statewide applicability - intergovernmental9
HB24-1448-5- agreements - legislative declaration. (1)  The general assembly hereby1
finds and declares that this article ARTICLE 54 is enacted in furtherance of2
the general assembly's duty under section 2 of article IX of the state3
constitution to provide for a thorough and uniform system of public4
schools throughout the state; that a thorough and uniform system requires5
that all school districts and institute charter schools operate under the6
same finance formula; and that equity considerations dictate that all7
districts and institute charter schools be subject to the expenditure and8
maximum levy provisions of this article ARTICLE 54. Accordingly, the9
provisions of this article ARTICLE 54 concerning the financing of public10
schools for budget years beginning on and after July 1, 1994, shall apply11
to all school districts and institute charter schools organized under the12
laws of this state.13
(2) (a)  T
HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES14
THAT:15
(I)  A
 THOROUGH AND UNIFORM SYSTEM OF PUBLIC EDUCATION16
CREATES A LEARNING ENVIRONMENT IN WHICH ALL LEARNERS ARE17
CIVICALLY ENGAGED ; PHYSICALLY, SOCIALLY, AND EMOTIONALLY18
HEALTHY; COMPETENT ACADEMIC SCHOLARS ; AND, UPON GRADUATION,19
READY TO CONTRIBUTE PRODUCTIVELY TO THE ECONOMY AND PREPARED20
FOR A RAPIDLY CHANGING WORLD ;21
(II)  A
 WORLD-CLASS PUBLIC EDUCATION LEARNING ENVIRONMENT22
IS CRITICAL TO MEETING THE WORKFORCE DEMANDS FOR COLORADO'S23
THRIVING AND DYNAMIC ECONOMY ;24
(III)  T
HE CHANGING REALITIES OF COLORADO'S ECONOMY25
DEMAND THAT STUDENTS BE AGILE LEARNERS ABLE TO CONTINUOUSLY26
LEARN, ADAPT, AND SHIFT INTO NEW ROLES BY DEVELOPING CRITICAL27
HB24-1448
-6- THINKING, COLLABORATION, AND PROBLEM-SOLVING SKILLS;1
(IV)  T
HE NEEDS OF THE STATE REQUIRE THAT ALL STUDENTS ,2
INCLUDING THOSE WHO ARE UNDERSERVED OR FACE SIGNIFICANT3
CHALLENGES IN MEETING COLORADO'S GRADUATION GUIDELINES ,4
COMPLETE HIGH SCHOOL AND ARE RE	ADY FOR CAREER OR5
POSTSECONDARY EDUCATION ;6
(V)  C
OLORADO'S TOTAL PROGRAM FORMULA , PURSUANT TO7
SECTION 22-54-104, DRASTICALLY UNDERFUNDS COLORADO'S MOST8
HISTORICALLY UNDERSERVED STUDENTS , INCLUDING AT-RISK STUDENTS,9
E
NGLISH LANGUAGE LEARNERS , AND STUDENTS WITH SPECIAL NEEDS .10
S
INCE THE COVID-19 PANDEMIC, THE ACHIEVEMENT GAP BETWEEN THESE11
STUDENTS AND THEIR PEERS HAS GROWN EXPONENTIALLY . RESEARCH12
SHOWS THAT DIRECTING ADDITI ONAL FUNDING TO THESE STUDENTS13
BOLSTERS THEIR ACADEMIC OUTCOMES .14
(VI)  C
OLORADO'S TOTAL PROGRAM FORMULA , PURSUANT TO15
SECTION 22-54-104, HAS NOT BEEN SIGNIFICANTLY UPDATED SINCE 1994.16
A
S THE GENERAL ASSEMBLY COMMITS TO FULLY BUYING DOWN THE17
BUDGET STABILIZATION FACTOR , THERE IS AN OPPORTUNE MOMENT TO18
MODERNIZE THE TOTAL PROGRAM FORMULA TO BETTER MEET THE NEEDS19
OF STUDENTS, EDUCATORS, COMMUNITIES, AND SCHOOLS.20
(VII)  I
N THE YEARS SINCE THIS ARTICLE 54 WAS ORIGINALLY21
ENACTED IN 1994, CONSTITUTIONAL PROVISIONS , STATUTORY22
REQUIREMENTS, PUBLIC EXPECTATIONS, AND STUDENT DEMOGRAPHICS23
HAVE PLACED GREATER DEMANDS ON COLORADO'S PUBLIC EDUCATION24
LEARNING ENVIRONMENT ; AND25
(VIII)  C
HALLENGES TO RECRUIT AND RETAIN EDUCATORS AND26
SCHOOL LEADERS, AND IMPEDIMENTS TO BENEFICIAL INNOVATION ,27
HB24-1448
-7- CONTINUE TO THREATEN COLORADO'S PUBLIC EDUCATION LEARNING1
ENVIRONMENT.2
(b)  T
O PROVIDE EACH CHILD IN THIS STATE WITH A HIGH-QUALITY3
PUBLIC EDUCATION, THE GENERAL ASSEMBLY FINDS AND DECLARES THAT4
C
OLORADO'S PUBLIC SCHOOL FINANCE FORMULA MUST BE REDESIGNED5
AND MODERNIZED TO:6
(I)  P
RIORITIZE EQUITY BY FOCUSING ON INDIVIDUAL STUDENT7
NEEDS, INCLUDING PRIORITIZED FUNDING FOR STUDENTS EXPERIENCING8
POVERTY, STUDENTS WITH SPECIAL EDUCATION NEEDS , AND STUDENTS9
WHO ARE ENGLISH LANGUAGE LEARNERS ;10
(II)  R
ECOGNIZE AND ADJUST FUNDING FOR DIFFERENCES AMONG11
SCHOOL DISTRICTS AND PUBLIC SCHOOLS RELATED TO SIZE , REMOTENESS,12
AND COST OF LIVING;13
(III)  P
ROMOTE GREATER UNDERSTANDING OF PUBLIC EDUCATION14
FUNDING FOR POLICYMAKERS , EDUCATORS, COMMUNITY MEMBERS ,15
FAMILIES, AND STUDENTS BY CREATING TRANSPARENCY AND SIMPLICITY16
IN THE SCHOOL FINANCE FORMULA CALCULATION ; AND17
(IV)  R
ESPONSIBLY PHASE IN A NEW TOTAL PROGRAM FORMULA18
OVER A PERIOD OF TIME SO THAT IT IS SUSTAINABLE, AND ALLOW SCHOOL19
DISTRICTS AND SCHOOLS AN AMOUNT OF TIME NECESSARY TO ADJUST TO20
THE PHASE-IN.21
(2)
 (3)  The general assembly hereby finds and declares that in22
enacting this article ARTICLE 54 it has adopted a formula for the support23
of schools; for the 1994-95 budget year and budget years thereafter;24
however, the adoption of such THE formula in no way represents IS a25
commitment on the part of the general assembly concerning the level of26
total funding for schools. for the 1995-96 budget year or any budget year27
HB24-1448
-8- thereafter.1
(3) (4) (a)  Nothing in this article shall be construed to THIS2
ARTICLE 54 DOES NOT prohibit local governments from cooperating with3
school districts through intergovernmental agreements to fund, construct,4
maintain, or manage capital construction projects or other facilities as set5
forth in section 22-45-103 (1)(c)(I)(A) or (1)(c)(I)(D), including, but not6
limited to, swimming pools, playgrounds, or ball fields, as long as IF7
funding for such THE projects is provided solely from a source of local8
government revenue that is otherwise authorized by law, except impact9
fees or other similar development charges or fees.10
(b)  Notwithstanding any provision of paragraph (a) of this11
subsection (3) SUBSECTION (4)(a) OF THIS SECTION to the contrary,12
nothing in this subsection (3) shall be construed to THIS SUBSECTION (4)13
DOES NOT:14
(I)  Limit or restrict a county's power to require the reservation or15
dedication of sites and land areas for schools or the payment of moneys16
MONEY in lieu thereof pursuant to section 30-28-133 (4)(a); C.R.S. or to17
limit a local government's ability to accept and expend impact fees or18
other similar development charges or fees contributed voluntarily on or19
before December 31, 1997, to fund the capital projects of school districts20
according to the terms of agreements voluntarily entered into on or before21
June 4, 1996, between all affected parties; AND22
(II)  Repealed.23
(III)  Grant authority to local governments to require the24
reservation or dedication of sites and land areas for schools or the25
payment of moneys in lieu thereof MONEY; however, the prohibition on26
impact fees or other similar development charges or fees contained in this27
HB24-1448
-9- subsection (3) shall not be construed to SUBSECTION (4) DOES NOT restrict1
the authority of any local government to require the reservation or2
dedication of sites and land areas for schools or the payment of moneys3
in lieu thereof if such MONEY IF THE local government otherwise has such4
THE authority granted by law.5
(4)  If the December 2015 revenue forecast prepared by the6
legislative council staff estimates that the amount of local property tax7
revenues that will be available to districts for the 2015-16 budget year8
will be greater than the amount estimated in the December 2014 revenue9
forecast, it is the intent of the general assembly, through the supplemental10
appropriations process during the 2016 regular legislative session, to11
maintain and not reduce state appropriations for school finance funding12
after consideration of other forecast changes, including changes in the13
number of pupils and at-risk pupils enrolled, the inflation rate, and the14
expected state education fund revenues.15
(5) (a)  The general assembly finds that, due to the COVID-1916
pandemic beginning during the 2019-20 school year, Colorado's public17
education system has faced significant disruptions to the delivery of18
classroom instruction, student learning, and access to critically necessary19
nutritional, health, and social-emotional support services. Therefore, the20
general assembly finds that:21
(I)  A world-class public education is critical to meeting the22
workforce demands for Colorado's economy;23
(II)  The changing realities of Colorado's post-pandemic economy24
demand that students be agile learners able to continuously learn, adapt,25
and shift into new roles by developing critical thinking, collaboration, and26
problem-solving skills; and27
HB24-1448
-10- (III)  The needs of the state require that all students, including1
those who are underserved or face significant challenges in meeting2
Colorado's graduation guidelines, complete high school career and3
college ready.4
(b)  To provide each child in this state with a high-quality public5
education, the general assembly declares that Colorado's public school6
finance formula must be redesigned and modernized to:7
(I)  Prioritize equity, focusing on individual student needs by8
increasing the funding for students who are economically disadvantaged9
and students who are English language learners; and10
(II)  Address the inequities in school district funding that arise11
from the dramatic differences in local property wealth and mill levy12
overrides.13
(c)  Further, the general assembly declares that, because English14
language learner funding will now be included in the school finance15
formula, it is appropriate to fund this inclusion by redirecting to the state16
share of total program the amount previously appropriated for the17
professional development and student support program created in section18
22-24-108. The general assembly further declares that the remaining costs19
of the school finance formula changes are offset by the savings to the20
state share of total program that occur as a result of correcting the21
unauthorized reductions in district property tax mill levies as provided in22
section 22-54-106 (2.1).23
SECTION 3. In Colorado Revised Statutes, 22-54-103, amend24
(1.3), (6), (6.5), (8.5)(a)(II), (8.5)(b), (10)(a)(II), (10)(a)(III.5), (10)(a)(V),25
(10)(b)(I) introductory portion, (10)(d), (10)(f), (10)(h)(I) introductory26
portion, (10.5)(b), (14), and (15); repeal (1.5)(a)(V), (1.5)(b),27
HB24-1448
-11- (1.5)(c)(II)(A), (5.5)(a), (7), and (10)(g); and add (10.7) as follows:1
22-54-103.  Definitions. As used in this article 54, unless the2
context otherwise requires:3
(1.3)  "Accounting district" means the school district within whose4
geographic boundaries an institute charter school is physically located.5
(1.5) (a)  "At-risk pupils" means:6
(V)  For the 2005-06 budget year through the 2020-21 budget year,7
the number of district pupils who are English language learners plus the8
greater of:9
(A)  The number of district pupils eligible for free lunch; or10
(B)  The number of pupils calculated in accordance with the11
following formula:12
District percentage of pupils eligible for free lunch x District pupil13
enrollment.14
(b)  For purposes of subsection (1.5)(a)(V) of this section:15
(I)  "District percentage of pupils eligible for free lunch" means the16
district pupils eligible for free lunch in grades one through eight divided17
by the district pupil enrollment in grades one through eight.18
(II)  "District pupil enrollment" means the pupil enrollment of the19
district, as determined in accordance with subsection (10) of this section,20
minus the number of pupils enrolled in the Colorado preschool program21
pursuant to article 28 of this title 22 and the number of three-year-old or22
four-year-old pupils with disabilities receiving educational programs23
pursuant to article 20 of this title 22.24
(III)  "District pupils eligible for free lunch" means the number of25
pupils included in the district pupil enrollment who are eligible for free26
lunch pursuant to the provisions of the federal "Richard B. Russell27
HB24-1448
-12- National School Lunch Act", 42 U.S.C. sec. 1751 et seq.1
(IV)  "District pupils who are English language learners" means2
the number of pupils included in the district pupil enrollment for the3
preceding budget year who were not eligible for free lunch pursuant to the4
provisions of the federal "Richard B. Russell National School Lunch5
Act", 42 U.S.C. sec. 1751 et seq., and who are English language learners,6
as defined in section 22-24-103 (4), and:7
(A)  Whose scores were not included in calculating school8
academic performance grades as provided in section 22-7-1006.3; or9
(B)  Who took an assessment administered pursuant to section10
22-7-1006.3 in a language other than English.11
(c)  For purposes of subsection (1.5)(a)(VI) of this section:12
(II) (A)  "District pupil enrollment" means, for the 2021-22 and13
2022-23 budget years, the pupil enrollment of the district, as determined14
in accordance with subsection (10) of this section, minus the number of15
pupils enrolled in the Colorado preschool program pursuant to article 2816
of this title 22 and the number of three-year-old or four-year-old pupils17
with disabilities receiving educational programs pursuant to article 20 of18
this title 22.19
(5.5) (a)  "District percentage of at-risk pupils" means, for budget20
years commencing prior to July 1, 2023, the number of at-risk pupils in21
the district, as determined in accordance with subsection (1.5) of this22
section, divided by the pupil enrollment of the district, as determined in23
accordance with subsection (10) of this section; except that pupil24
enrollment does not include the number of pupils enrolled in the Colorado25
preschool program pursuant to article 28 of this title 22, as it exists prior26
to July 1, 2023, and the number of three-year-old or four-year-old pupils27
HB24-1448
-13- with disabilities receiving educational programs pursuant to article 20 of1
this title 22.2
(6)  "District's total program" means the funding for a district, as3
determined pursuant to section 22-54-104 or section 22-54-104.3,4
whichever is applicable, which represents the financial base of support for5
public education in that district. "DISTRICT TOTAL PROGRAM " OR6
"
DISTRICT'S TOTAL PROGRAM " MEANS A DISTRICT 'S FUNDING, AS7
DETERMINED PURSUANT TO THIS ARTICLE 54, WHICH IS THE FINANCIAL8
BASE OF SUPPORT FOR PUBLIC EDUCATION IN THAT DISTRICT .9
(6.5)  "English language learner pupils" means the number of10
district pupils who are English language learners, as defined in section11
22-24-103 (4), and for whom the district received
 RECEIVES funding FOR12
THE APPLICABLE BUDGET YEAR pursuant to section 22-24-104 (3)(b)(I).13
(7)  "Funded pupil count" means:14
(a)  For budget years commencing prior to July 1, 2002, the greater15
of:16
(I)  The district's pupil enrollment for the applicable budget year;17
or18
(II)  The average of the district's pupil enrollment for the19
applicable budget year and the district's pupil enrollment for the20
immediately preceding budget year; or21
(III)  The average of the district's pupil enrollment for the22
applicable budget year and the district's pupil enrollment for the two23
immediately preceding budget years; or24
(IV)  The average of the district's pupil enrollment for the25
applicable budget year and the district's pupil enrollment for the three26
immediately preceding budget years;27
HB24-1448
-14- (b) (I)  For the budget year commencing on July 1, 2002, the1
district's online pupil enrollment for the applicable budget year plus the2
greater of:3
(A)  The district's pupil enrollment for the applicable budget year;4
or5
(B)  The average of the district's pupil enrollment for the6
applicable budget year and the district's pupil enrollment for the7
immediately preceding budget year; or8
(C)  The average of the district's pupil enrollment for the9
applicable budget year and the district's pupil enrollment for the two10
immediately preceding budget years; or11
(D)  The average of the district's pupil enrollment for the12
applicable budget year and the district's pupil enrollment for the three13
immediately preceding budget years.14
(II)  Repealed.15
(c) (I)  For budget years commencing on and after July 1, 2003, but16
prior to July 1, 2008, the district's online pupil enrollment for the17
applicable budget year plus the district's preschool and kindergarten18
program enrollment for the applicable budget year plus the greater of:19
(A)  The district's pupil enrollment for the applicable budget year;20
or21
(B)  The average of the district's pupil enrollment for the22
applicable budget year and the district's pupil enrollment for the23
immediately preceding budget year; or24
(C)  The average of the district's pupil enrollment for the25
applicable budget year and the district's pupil enrollment for the two26
immediately preceding budget years; or27
HB24-1448
-15- (D)  The average of the district's pupil enrollment for the1
applicable budget year and the district's pupil enrollment for the three2
immediately preceding budget years.3
(II) and (III)  Repealed.4
(IV)  Notwithstanding any provision of law to the contrary, for5
purposes of subparagraph (I) of this paragraph (c) for budget years6
beginning on or after July 1, 2004, a district's funded pupil count shall7
include the certified pupil enrollment and online pupil enrollment of each8
operating institute charter school for which the district is the accounting9
district. The department of education shall add the institute charter10
school's certified pupil enrollment and online pupil enrollment to the11
funded pupil count of the district prior to calculating the district's total12
program pursuant to section 22-54-104.13
(d) (I)  For budget years commencing on and after July 1, 2008,14
but prior to July 1, 2009, the district's online pupil enrollment for the15
applicable budget year plus the district's preschool program enrollment16
for the applicable budget year plus the district's supplemental17
kindergarten enrollment for the applicable budget year plus the greater of:18
(A)  The district's pupil enrollment for the applicable budget year;19
or20
(B)  The average of the district's pupil enrollment for the21
applicable budget year and the district's pupil enrollment for the22
immediately preceding budget year; or23
(C)  The average of the district's pupil enrollment for the24
applicable budget year and the district's pupil enrollment for the two25
immediately preceding budget years; or26
(D)  The average of the district's pupil enrollment for the27
HB24-1448
-16- applicable budget year and the district's pupil enrollment for the three1
immediately preceding budget years; or2
(E)  The average of the district's pupil enrollment for the3
applicable budget year and the district's pupil enrollment for the four4
immediately preceding budget years.5
(II)  Notwithstanding any provision of law to the contrary, for6
purposes of subparagraph (I) of this paragraph (d), a district's funded7
pupil count shall include the certified pupil enrollment and online pupil8
enrollment of each operating institute charter school for which the district9
is the accounting district. The department of education shall add the10
institute charter school's certified pupil enrollment and online pupil11
enrollment to the funded pupil count of the district prior to calculating the12
district's total program pursuant to section 22-54-104.13
(III)  Repealed.14
(IV)  The general assembly hereby finds and declares that for the15
purposes of section 17 of article IX of the state constitution, averaging a16
district's pupil enrollment for the applicable budget year and the district's17
pupil enrollment for the four immediately preceding budget years18
pursuant to sub-subparagraph (E) of subparagraph (I) of this paragraph19
(d) is a program for accountable education reform and may therefore20
receive funding from the state education fund created in section 17 (4) of21
article IX of the state constitution.22
(e) (I)  For budget years commencing on and after July 1, 2009, but23
prior to July 1, 2023, the district's online pupil enrollment for the24
applicable budget year plus the district's preschool program enrollment25
for the applicable budget year plus the district's supplemental26
kindergarten enrollment for the applicable budget year plus the district's27
HB24-1448
-17- extended high school pupil enrollment for the applicable budget year, plus1
the greater of:2
(A)  The district's pupil enrollment for the applicable budget year;3
or4
(B)  The average of the district's pupil enrollment for the5
applicable budget year and the district's pupil enrollment for the6
immediately preceding budget year; or7
(C)  The average of the district's pupil enrollment for the8
applicable budget year and the district's pupil enrollment for the two9
immediately preceding budget years; or10
(D)  The average of the district's pupil enrollment for the11
applicable budget year and the district's pupil enrollment for the three12
immediately preceding budget years; or13
(E)  The average of the district's pupil enrollment for the14
applicable budget year and the district's pupil enrollment for the four15
immediately preceding budget years.16
(II)  Notwithstanding any provision of law to the contrary, for17
purposes of subparagraph (I) of this paragraph (e), a district's funded18
pupil count shall include the certified pupil enrollment and online pupil19
enrollment of each operating institute charter school for which the district20
is the accounting district. The department of education shall add the21
institute charter school's certified pupil enrollment and online pupil22
enrollment to the funded pupil count of the district prior to calculating the23
district's total program pursuant to section 22-54-104.24
(III)  Repealed.25
(IV)  The general assembly hereby finds and declares that for the26
purposes of section 17 of article IX of the state constitution, averaging a27
HB24-1448
-18- district's pupil enrollment for the applicable budget year and the district's1
pupil enrollment for the four immediately preceding budget years2
pursuant to sub-subparagraph (E) of subparagraph (I) of this paragraph3
(e) is a program for accountable education reform and may therefore4
receive funding from the state education fund created in section 17 (4) of5
article IX of the state constitution.6
(V)  Notwithstanding any provision of law to the contrary, for the7
2010-11 budget year and each budget year thereafter, for the purposes of8
this paragraph (e), a district's pupil enrollment for the applicable budget9
year and a district's pupil enrollment for any preceding budget year shall10
not include any pupil who is or was enrolled in a charter school that was11
originally authorized by the district but was subsequently converted, on12
or after July 1, 2010, to an institute charter school or to a charter school13
of a district contiguous to the originally authorizing district.14
(VI)  Notwithstanding any provision of this paragraph (e) to the15
contrary, for the 2013-14 budget year and each budget year thereafter, for16
the purposes of this subsection (7), if a district's funded pupil count17
calculated pursuant to this subsection (7) for a budget year is fewer than18
fifty pupils, the district's funded pupil count for the budget year is fifty19
pupils.20
(VII)  For the 2019-20 budget year and each budget year21
thereafter, solely for the purpose of averaging pupil enrollment pursuant22
to subsection (7)(e)(I) of this section for a district that operates a full-day23
kindergarten educational program, the department of education shall24
adjust the district's pupil enrollments for the 2018-19, 2017-18, 2016-17,25
and 2015-16 budget years by counting each pupil enrolled in a full-day26
kindergarten educational program in one of those budget years as a27
HB24-1448
-19- full-time student. The adjustment to pupil enrollment made pursuant to1
this subsection (7)(e)(VII) does not affect or change the funded pupil2
count used to calculate a district's fiscal year spending limitation pursuant3
to section 20 of article X of the state constitution for a budget year4
commencing before July 1, 2019.5
(f) (I)  For budget years commencing on and after July 1, 2023, the6
district's online pupil enrollment for the applicable budget year plus the7
district's supplemental kindergarten enrollment for the applicable budget8
year plus the district's extended high school pupil enrollment for the9
applicable budget year, plus the greater of:10
(A)  The district's pupil enrollment for the applicable budget year;11
or12
(B)  The average of the district's pupil enrollment for the13
applicable budget year and the district's pupil enrollment for the14
immediately preceding budget year; or15
(C)  The average of the district's pupil enrollment for the16
applicable budget year and the district's pupil enrollment for the two17
immediately preceding budget years; or18
(D)  The average of the district's pupil enrollment for the19
applicable budget year and the district's pupil enrollment for the three20
immediately preceding budget years; or21
(E)  The average of the district's pupil enrollment for the22
applicable budget year and the district's pupil enrollment for the four23
immediately preceding budget years.24
(II)  Notwithstanding any provision of law to the contrary, for25
purposes of subsection (7)(f)(I) of this section, a district's funded pupil26
count includes the certified pupil enrollment and online pupil enrollment27
HB24-1448
-20- of each operating institute charter school for which the district is the1
accounting district, as provided pursuant to subsections (7)(f)(II.5) and2
(7)(f)(II.6) of this section. The department of education shall add the3
institute charter school's certified pupil enrollment and online pupil4
enrollment to the funded pupil count of the district prior to calculating the5
district's total program pursuant to section 22-54-104.6
(II.5)  For purposes of subsection (7)(f)(II) of this section, each7
operating institute charter school's certified pupil enrollment is the greater8
of:9
(A)  The operating institute charter school's pupil enrollment for10
the applicable budget year;11
(B)  The average of the operating institute charter school's pupil12
enrollment for the applicable budget year and the operating institute13
charter school's pupil enrollment for the immediately preceding budget14
year;15
(C)  The average of the operating institute charter school's pupil16
enrollment for the applicable budget year and the operating institute17
charter school's pupil enrollment for the two immediately preceding18
budget years;19
(D)  The average of the operating institute charter school's pupil20
enrollment for the applicable budget year and the operating institute21
charter school's pupil enrollment for the three immediately preceding22
budget years; or23
(E)  The average of the operating institute charter school's pupil24
enrollment for the applicable budget year and the operating institute25
charter school's pupil enrollment for the four immediately preceding26
budget years.27
HB24-1448
-21- (II.6)  Notwithstanding any provision of law to the contrary, for1
purposes of subsection (7)(f)(II.5) of this section, an operating institute2
charter school's pupil enrollment includes its online pupil enrollment,3
except for multi-district online school pupil enrollment.4
(III)  The general assembly finds and declares that for the purposes5
of section 17 of article IX of the state constitution, averaging a district's6
pupil enrollment for the applicable budget year and the district's pupil7
enrollment for the four immediately preceding budget years pursuant to8
subsection (7)(f)(I)(E) of this section, and the averaging of an operating9
institute charter school's pupil enrollment and online pupil enrollment10
pursuant to subsections (7)(f)(II.5) and (7)(f)(II.6), is a program for11
accountable education reform and may therefore receive funding from the12
state education fund created in section 17 (4) of article IX of the state13
constitution.14
(IV)  Notwithstanding any provision of law to the contrary, for the15
2010-11 budget year and each budget year thereafter, for the purposes of16
this subsection (7)(f), a district's pupil enrollment for the applicable17
budget year and a district's pupil enrollment for any preceding budget18
year do not include any pupil who is or was enrolled in a charter school19
that was originally authorized by the district but was subsequently20
converted, on or after July 1, 2010, to an institute charter school or to a21
charter school of a district contiguous to the originally authorizing22
district.23
(V)  Notwithstanding any provision of this subsection (7)(f) to the24
contrary, for the 2013-14 budget year and each budget year thereafter, for25
the purposes of this subsection (7), if a district's funded pupil count26
calculated pursuant to this subsection (7) for a budget year is fewer than27
HB24-1448
-22- fifty pupils, the district's funded pupil count for the budget year is fifty1
pupils.2
(VI)  For the 2019-20 budget year and each budget year thereafter,3
solely for the purpose of averaging pupil enrollment pursuant to4
subsection (7)(f)(I) of this section for a district that operates a full-day5
kindergarten educational program, the department of education shall6
adjust the district's pupil enrollments for the 2018-19, 2017-18, 2016-17,7
and 2015-16 budget years by counting each pupil enrolled in a full-day8
kindergarten educational program in one of those budget years as a9
full-time student. The adjustment to pupil enrollment made pursuant to10
this subsection (7)(f)(VI) does not affect or change the funded pupil count11
used to calculate a district's fiscal year spending limitation pursuant to12
section 20 of article X of the state constitution for a budget year13
commencing before July 1, 2019.14
(8.5) (a)  "Online pupil enrollment" means:15
(II)  For the 2008-09 budget year, and for budget years thereafter,16
The number of pupils, on the pupil enrollment count day within the17
applicable budget year, enrolled in, attending, and actively participating18
in a multi-district online school, as defined in section 22-30.7-102 (6),19
created pursuant to article 30.7 of this title TITLE 22.20
(b)  For budget years beginning on or after July 1, 2004, A21
district's online pupil enrollment shall include INCLUDES the certified22
online pupil enrollment of each operating institute charter school for23
which the district is the accounting district. The department of education24
shall add the institute charter school's certified online pupil enrollment to25
the online pupil enrollment of the district prior to calculating the district's26
total program. pursuant to section 22-54-104.27
HB24-1448
-23- (10) (a) (II)  "Pupil enrollment" shall include INCLUDES:1
(A)  For the 2007-08 budget year, a pupil who was enrolled during2
the 2001-02 school year in an online program authorized pursuant to3
section 22-33-104.6, as it existed prior to July 1, 2007, and who is4
enrolled and participates in any such online program on October 1 within5
the applicable budget year or the school day nearest said date.6
(B)  For the 2008-09 budget year, and for budget years thereafter,7
A pupil who is enrolled in, attending, and actively participating in a8
single-district online program or online school operated pursuant to9
article 30.7 of this title TITLE 22.10
(III.5)  For the 2009-10 budget year and budget years thereafter,11
"pupil enrollment" shall include "PUPIL ENROLLMENT" INCLUDES any12
juvenile to whom the school district is providing educational services13
pursuant to section 22-32-141 as of the pupil enrollment count day of the14
applicable budget year.15
(V)  Notwithstanding the provisions of this paragraph (a), for the16
2008-09 budget year and each budget year thereafter, "pupil enrollment"17
shall not "PUPIL ENROLLMENT" DOES NOT include a pupil who is placed18
in a facility, as defined in section 22-2-402 (3), and is receiving services19
through an approved facility school, as defined in section 22-2-402 (1).20
(b) (I)  For budget years commencing before the 2019-20 budget21
year, a pupil enrolled in a kindergarten educational program pursuant to22
section 22-32-119 (1) is counted as not more than a half-day pupil. For23
the 2019-20 budget year and each budget year thereafter, A pupil WHO IS24
enrolled in a kindergarten educational program pursuant to section25
22-32-119 is counted as a full-time pupil, except as otherwise provided26
in subsection (10)(e.5)(I) of this section. For the 2005-06 budget year and27
HB24-1448
-24- each budget year thereafter, A district shall count and receive funding1
only for pupils enrolled in a kindergarten educational program who are:2
(d) (I)  For budget years commencing prior to July 1, 2023, a three-3
or four-year-old pupil with a disability receiving an educational program4
under the "Exceptional Children's Educational Act", article 20 of this title,5
shall be counted as a half-day pupil.6
(II)  Notwithstanding any provision of this subsection (10) to the7
contrary, for budget years commencing on or after July 1, 2005, but prior8
to July 1, 2023, a district may choose to determine the number of three-9
and four-year-old pupils with disabilities enrolled and receiving10
educational programs under the "Exceptional Children's Educational11
Act", article 20 of this title 22, as of November 1 within the applicable12
budget year or the school date nearest said date, rather than on the pupil13
enrollment count day, as evidenced by the actual attendance of such14
pupils on November 1 or the school date nearest said date. The "pupil15
enrollment" of the district must include the number of pupils so enrolled16
who are counted as half-day pupils.17
(III)  For the 2023-24 budget year and budget years thereafter, A18
district shall not include a three- or four-year-old pupil with a disability19
who is receiving an educational program under the "Exceptional20
Children's Educational Act", article 20 of this title 22, but is not enrolled21
in kindergarten, in the district's pupil enrollment, but shall certify to the22
department the number of said three- and four-year-old pupils with23
disabilities who are receiving an educational program from the district for24
purposes of receiving funding pursuant to part 1 of article 20 of this title25
22.26
(f) (I)  For budget years commencing before July 1, 2023, in27
HB24-1448
-25- certifying the district's pupil enrollment to the state board pursuant to the1
provisions of section 22-54-112, the district shall specify the number of2
pupils enrolled in kindergarten through twelfth grade, specifying those3
who are enrolled as full-time pupils and those who are enrolled as less4
than full-time pupils; the number of expelled pupils receiving educational5
services pursuant to section 22-33-203; the number of pupils enrolled in6
the district's preschool program; the number of pupils receiving7
educational programs under the "Exceptional Children's Educational8
Act", article 20 of this title 22; the number of at-risk pupils; and the9
number of English language learner pupils.10
(II)  For the 2023-24 budget year and each budget year thereafter,11
In certifying the district's pupil enrollment to the state board pursuant to12
the provisions of section 22-54-112, the district shall specify the number13
of pupils enrolled in kindergarten through twelfth grade, specifying those14
who are enrolled as full-time pupils and those who are enrolled as less15
than full-time pupils; the number of expelled pupils receiving educational16
services pursuant to section 22-33-203; the number of at-risk pupils; the17
number of English language learner pupils; and the number of pupils18
receiving educational programs under the "Exceptional Children's19
Educational Act", article 20 of this title 22, who are enrolled in20
kindergarten through twelfth grade.21
(g)  For the 2018-19 and 2019-20 budget years, a district may22
include in its pupil enrollment pupils who are enrolled in a school that23
was designated pursuant to section 22-35-103 (10) as an early college24
before June 6, 2018, and who, after completing four years of high school,25
enroll for the 2018-19 or 2019-20 budget years in postsecondary courses.26
(h) (I)  For the 2019-20 budget year and each budget year27
HB24-1448
-26- thereafter, With regard to a pupil who is simultaneously enrolled in a1
district or institute charter school and in one or more postsecondary2
courses, a district or institute charter school must submit evidence of:3
(10.5) (b)  On or before July 1, 2012, The state board shall4
promulgate rules establishing the meaning of "major religious holiday"5
for the purposes of this subsection (10.5).6
(10.7)  "S
PECIAL EDUCATION PUPILS" MEANS THE NUMBER OF7
DISTRICT PUPILS WHO ARE CHILDREN WITH DISABILITIES , AS DEFINED IN8
SECTION 22-20-103 (5).9
(14) (a)  "Statewide average percentage of at-risk pupils" means,
10
for budget years commencing prior to July 1, 2023, the total number of11
at-risk pupils in all districts, as determined in accordance with subsection12
(1.5) of this section, divided by the pupil enrollment of all districts, as13
determined in accordance with subsection (10) of this section; except that14
pupil enrollment does not include the number of pupils enrolled in the15
Colorado preschool program pursuant to article 28 of this title and the16
number of three-year-old or four-year-old pupils with disabilities17
receiving educational programs pursuant to article 20 of this title.18
(b)  "Statewide average percentage of at-risk pupils" means for the19
2023 budget year and each budget year thereafter, the total number of20
at-risk pupils in all districts, as determined in accordance with subsection21
(1.5) of this section, divided by the pupil enrollment of all districts, as22
determined in accordance with subsection (10) of this section.23
(15)  "Supplemental kindergarten enrollment" means the number24
calculated by subtracting five-tenths from the full-day kindergarten factor25
for the applicable budget year and then multiplying that number by the26
number of pupils in the district who are enrolled part-time in a 
FULL-DAY27
HB24-1448
-27- kindergarten educational program for the applicable budget year. For the1
purposes of this subsection (15), the full-day kindergarten factor for the2
2008-09 budget year and each budget year thereafter is fifty-eight3
hundredths of a full-day pupil.4
SECTION 4. In Colorado Revised Statutes, add 22-54-103.1 as5
follows:6
22-54-103.1.  Protection of student data. N
OTWITHSTANDING7
ANY PROVISION OF THIS ARTICLE 54, THE DEPARTMENT OF EDUCATION ,8
THE STATE CHARTER SCHOOL INSTITUTE, AND EACH SCHOOL DISTRICT AND9
PUBLIC SCHOOL SHALL COMPLY WITH ALL FEDERAL AND STATE LAWS10
REGARDING THE PROTECTION OF STUDENT DATA , INCLUDING THE FEDERAL11
"F
AMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974", 20 U.S.C.12
SEC. 1232g, AS AMENDED, AND ALL REGULATIONS AND GUIDELINES13
ADOPTED PURSUANT TO IT, AND THE "STUDENT DATA TRANSPARENCY14
AND SECURITY ACT", ARTICLE 16 OF THIS TITLE 22, AND ANY RULES15
PROMULGATED PURSUANT TO IT . AT A MINIMUM, THIS INCLUDES16
REDACTING INFORMATION AS REQUIRED TO COMPLY WITH FEDERAL AND17
STATE LAWS REGARDING THE PROTECTION OF STUDENT DATA IN18
PUBLISHED DOCUMENTS OR REPORTS REGARDING FUNDING PURSUANT TO19
THIS ARTICLE 54.20
SECTION 5. In Colorado Revised Statutes, add 22-54-103.3 as21
follows:22
22-54-103.3.  District total program - 2025-26 through 2029-3023
budget years - repeal. (1) (a)  N
OTWITHSTANDING ANY PROVISION OF24
LAW TO THE CONTRARY, FOR THE 2025-26 BUDGET YEAR THROUGH THE25
2029-30
 BUDGET YEAR, THE DEPARTMENT OF EDUCATION SHALL26
DETERMINE EACH DISTRICT 'S TOTAL PROGRAM PURSUANT TO THIS27
HB24-1448
-28- SECTION. THE DISTRICT'S TOTAL PROGRAM IS AVAILABLE TO THE DISTRICT1
TO FUND THE COSTS OF PROVIDING PUBLIC EDUCATION , AND, EXCEPT AS2
OTHERWISE PROVIDED IN SECTION 22-54-105, THE DISTRICT HAS THE3
DISCRETION TO DETERMINE THE AMOUNTS AND PURPOSES FOR BUDGETING4
AND EXPENDING ITS DISTRICT TOTAL PROGRAM MONEY .5
(b)  N
OTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION TO6
THE CONTRARY, IF A DISTRICT IS AN INSTITUTE CHARTER SCHOOL 'S7
ACCOUNTING DISTRICT , THEN THE DISTRICT TOTAL PROGRAM8
DETERMINATION PURSUANT TO THIS SECTION ALSO REPRESENTS THE9
INSTITUTE CHARTER SCHOOL'S FINANCIAL BASE OF SUPPORT FOR PUBLIC10
EDUCATION, EVEN THOUGH THE INSTITUTE CHARTER SCHOOL IS NOT THE11
DISTRICT'S SCHOOL. THE AMOUNT OF THE DISTRICT 'S STATE SHARE OF12
TOTAL PROGRAM THAT IS WITHHELD FROM THE DISTRICT AND PAID TO THE13
STATE CHARTER SCHOOL INSTITUTE PURSUANT TO SECTION 22-54-11514
(1.3)
 IS NOT AVAILABLE TO OR UNDER THE CONTROL OF THE DISTRICT BUT15
IS AVAILABLE TO AND UNDER THE CONTROL OF THE INSTITUTE CHARTER16
SCHOOL'S GOVERNING BOARD TO FUND THE COSTS OF PROVIDING PUBLIC17
EDUCATION TO STUDENTS ENROLLED IN THE INSTITUTE CHARTER SCHOOL .18
T
HE INSTITUTE CHARTER SCHOOL HAS THE DISCRETION TO D ETERMINE THE19
AMOUNTS AND PURPOSES FOR BUDGETING AND EXPENDING ITS TOTAL20
PROGRAM MONEY.21
(2)  F
OR THE 2025-26 BUDGET YEAR THROUGH THE 2029-3022
BUDGET YEAR, THE DEPARTMENT OF EDUCATION SHALL CALCULATE EACH23
DISTRICT'S TOTAL PROGRAM PURSUANT TO SECTIONS 22-54-103.5 AND24
22-54-104.25
(3)
  FOR THE 2025-26 BUDGET YEAR THROUGH THE 2029-3026
BUDGET YEAR, A DISTRICT'S TOTAL PROGRAM IS THE DISTRICT'S TOTAL27
HB24-1448
-29- PROGRAM CALCULATION PURSUANT TO SECTION 22-54-104, UNLESS:1
(a)  F
OR THE 2025-26 BUDGET YEAR, IF A DISTRICT'S TOTAL2
PROGRAM CALCULATION PURSUANT TO SECTION 22-54-103.5 IS GREATER3
THAN THE DISTRICT'S TOTAL PROGRAM CALCULATION PURSUANT TO4
SECTION 22-54-104, THE DISTRICT'S TOTAL PROGRAM IS THE AMOUNT5
CALCULATED PURSUANT TO SECTION 22-54-104 PLUS AN AMOUNT EQUAL6
TO EIGHTEEN PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICT 'S7
TOTAL PROGRAM CALCULATION PURSUANT TO SECTION 22-54-103.5 AND8
THE DISTRICT'S TOTAL PROGRAM CALCULATION PURSUANT TO SECTION9
22-54-104;10
(b)  F
OR THE 2026-27 BUDGET YEAR, IF A DISTRICT'S TOTAL11
PROGRAM CALCULATION PURSUANT TO SECTION 22-54-103.5 IS GREATER12
THAN THE DISTRICT'S TOTAL PROGRAM CALCULATION PURSUANT TO13
SECTION 22-54-104, THE DISTRICT'S TOTAL PROGRAM IS THE AMOUNT14
CALCULATED PURSUANT TO SECTION 22-54-104 PLUS AN AMOUNT EQUAL15
TO THIRTY-FOUR PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICT 'S16
TOTAL PROGRAM CALCULATION PURSUANT TO SECTION 22-54-103.5 AND17
THE DISTRICT'S TOTAL PROGRAM CALCULATION PURSUANT TO SECTION18
22-54-104;19
(c)  F
OR THE 2027-28 BUDGET YEAR, IF A DISTRICT'S TOTAL20
PROGRAM CALCULATION PURSUANT TO SECTION 22-54-103.5 IS GREATER21
THAN THE DISTRICT'S TOTAL PROGRAM CALCULATION PURSUANT TO22
SECTION 22-54-104, THE DISTRICT'S TOTAL PROGRAM IS THE AMOUNT23
CALCULATED PURSUANT TO SECTION 22-54-104 PLUS AN AMOUNT EQUAL24
TO FIFTY PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICT 'S TOTAL25
PROGRAM CALCULATION PURSUANT TO SECTION 22-54-103.5 AND THE26
DISTRICT'S TOTAL PROGRAM CALCULATION PURSUANT TO SECTION27
HB24-1448
-30- 22-54-104;1
(d)  F
OR THE 2028-29 BUDGET YEAR, IF A DISTRICT'S TOTAL2
PROGRAM CALCULATION PURSUANT TO SECTION 22-54-103.5 IS GREATER3
THAN THE DISTRICT'S TOTAL PROGRAM CALCULATION PURSUANT TO4
SECTION 22-54-104, THE DISTRICT'S TOTAL PROGRAM IS THE AMOUNT5
CALCULATED PURSUANT TO SECTION 22-54-104 PLUS AN AMOUNT EQUAL6
TO SIXTY-SIX PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICT 'S7
TOTAL PROGRAM CALCULATION PURSUANT TO SECTION 22-54-103.5 AND8
THE DISTRICT'S TOTAL PROGRAM CALCULATION PURSUANT TO SECTION9
22-54-104;
 AND10
(e)  F
OR THE 2029-30 BUDGET YEAR, IF A DISTRICT'S TOTAL11
PROGRAM CALCULATION PURSUANT TO SECTION 22-54-103.5 IS GREATER12
THAN THE DISTRICT'S TOTAL PROGRAM CALCULATION PURSUANT TO13
SECTION 22-54-104, THE DISTRICT'S TOTAL PROGRAM IS THE AMOUNT14
CALCULATED PURSUANT TO SECTION 22-54-104 PLUS AN AMOUNT EQUAL15
TO EIGHTY-TWO PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICT 'S16
TOTAL PROGRAM CALCULATION PURSUANT TO SECTION 22-54-103.5 AND17
THE DISTRICT'S TOTAL PROGRAM CALCULATION PURSUANT TO SECTION18
22-54-104.19
(4)  F
OR THE 2024-25 BUDGET YEAR THROUGH THE 2029-3020
BUDGET YEAR, THE JOINT BUDGET COMMITTEE SHALL MONITOR THE FISCAL21
IMPACT OF THE DISTRICT TOTAL PROGRAM DETERMINATIONS PURSUANT TO22
THIS SECTION AND THE FISCAL IMPACT OF THE TRANSITION TO THE TOTAL23
PROGRAM FORMULA PURSUANT TO SECTION 22-54-103.5. AT A MINIMUM,24
THE JOINT BUDGET COMMITTEE SHALL CONSIDER IMMEDIATE AND25
FORECASTED ECONOMIC CONDITIONS , THE IMPACT OR TREND OF THE26
STATEWIDE TOTAL LOCAL SHARE OF TOTAL PROGRAM FUNDING , AND ANY27
HB24-1448
-31- OTHER DATA-DRIVEN CONSIDERATIONS NECESSARY TO ENSURE THE1
SUSTAINABLE TRANSITION TO AND IMPLEMENTATION OF A NEW TOTAL2
PROGRAM FORMULA . THE JOINT BUDGET COMMITTEE AND THE GENERAL3
ASSEMBLY MAY TAKE ACTION NECESSARY TO ENSURE THE SUSTAINABLE4
TRANSITION TO AND IMPLEMENTATION OF A NEW TOTAL PROGRAM5
FORMULA.6
(5)  T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2030.7
SECTION 6. In Colorado Revised Statutes, add 22-54-103.5 as8
follows:9
22-54-103.5.  District total program - rules - legislative10
declaration - repeal. (1) (a)  F
OR THE 2030-31 BUDGET YEAR AND EACH11
BUDGET YEAR THEREAFTER , THE DEPARTMENT OF EDUCATION SHALL USE12
THIS SECTION TO DETERMINE EACH DISTRICT 'S TOTAL PROGRAM. THE13
DISTRICT'S TOTAL PROGRAM IS AVAILABLE TO THE DISTRICT TO FUND THE14
COSTS OF PROVIDING PUBLIC EDUCATION , AND, EXCEPT AS OTHERWISE15
PROVIDED IN SECTION 22-54-105, THE DISTRICT HAS THE DISCRETION TO16
DETERMINE THE AMOUNTS AND PURPOSES FOR BUDGETING AND17
EXPENDING ITS DISTRICT TOTAL PROGRAM MONEY .18
(b)  N
OTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION TO19
THE CONTRARY, IF A DISTRICT IS AN INSTITUTE CHARTER SCHOOL 'S20
ACCOUNTING DISTRICT , THEN THE DISTRICT TOTAL PROGRAM21
DETERMINATION PURSUANT TO THIS SECTION ALSO REPRESENTS THE22
INSTITUTE CHARTER SCHOOL'S FINANCIAL BASE OF SUPPORT FOR PUBLIC23
EDUCATION, EVEN THOUGH THE INSTITUTE CHARTER SCHOOL IS NOT THE24
DISTRICT'S SCHOOL. THE AMOUNT OF THE DISTRICT 'S STATE SHARE OF25
TOTAL PROGRAM THAT IS WITHHELD FROM THE DISTRICT AND PAID TO THE26
STATE CHARTER SCHOOL INSTITUTE PURSUANT TO SECTION 22-54-11527
HB24-1448
-32- (1.3) IS NOT AVAILABLE TO OR UNDER THE CONTROL OF THE DISTRICT BUT1
IS AVAILABLE TO AND UNDER THE CONTROL OF THE INSTITUTE CHARTER2
SCHOOL'S GOVERNING BOARD TO FUND THE COSTS OF PROVIDING PUBLIC3
EDUCATION TO STUDENTS ENROLLED IN THE INSTITUTE CHARTER SCHOOL .4
T
HE INSTITUTE CHARTER SCHOOL HAS THE DISCRETION TO DETERMINE THE5
AMOUNTS AND PURPOSES FOR BUDGETING AND EXPENDING ITS TOTAL6
PROGRAM MONEY.7
(c) (I)  N
OTWITHSTANDING ANY PROVISION OF LAW TO THE8
CONTRARY, FOR THE 2025-26 BUDGET YEAR THROUGH THE 2029-309
BUDGET YEAR, THE DEPARTMENT OF EDUCATION SHALL CALCULATE EACH10
DISTRICT'S TOTAL PROGRAM PURSUANT TO THIS SECTION FOR THE PURPOSE11
OF DETERMINING EACH DISTRICT'S TOTAL PROGRAM PURSUANT TO SECTION12
22-54-103.3.
 THE DISTRICT'S TOTAL PROGRAM IS AVAILABLE TO THE13
DISTRICT TO FUND THE COSTS OF PROVIDING PUBLIC EDUCATION , AND,14
EXCEPT AS OTHERWISE PROVIDED IN SECTION 22-54-105, THE DISTRICT15
HAS THE DISCRETION TO DETERMINE THE AMOUNTS AND PURPOSES FOR16
BUDGETING AND EXPENDING ITS DISTRICT TOTAL PROGRAM MONEY .17
(II)  N
OTWITHSTANDING SUBSECTION (1)(c)(I) OF THIS SECTION TO18
THE CONTRARY, IF A DISTRICT IS AN INSTITUTE CHARTER SCHOOL 'S19
ACCOUNTING DISTRICT , THEN THE DISTRICT TOTAL PROGRAM20
CALCULATION PURSUANT TO THIS SECTION ALSO REPRESENTS THE21
INSTITUTE CHARTER SCHOOL'S FINANCIAL BASE OF SUPPORT FOR PUBLIC22
EDUCATION, EVEN THOUGH THE INSTITUTE CHARTER SCHOOL IS NOT THE23
DISTRICT'S SCHOOL. THE AMOUNT OF THE DISTRICT 'S STATE SHARE OF24
TOTAL PROGRAM THAT IS WITHHELD FROM THE DISTRICT AND PAID TO THE25
STATE CHARTER SCHOOL INSTITUTE PURSUANT TO SECTION 22-54-11526
(1.3)
 IS NOT AVAILABLE TO OR UNDER THE CONTROL OF THE DISTRICT BUT27
HB24-1448
-33- IS AVAILABLE TO AND UNDER THE CONTROL OF THE INSTITUTE CHARTER1
SCHOOL'S GOVERNING BOARD TO FUND THE COSTS OF PROVIDING PUBLIC2
EDUCATION TO STUDENTS ENROLLED IN THE INSTITUTE CHARTER SCHOOL .3
T
HE INSTITUTE CHARTER SCHOOL HAS THE DISCRETION TO D ETERMINE THE4
AMOUNTS AND PURPOSES FOR BUDGETING AND EXPENDING ITS TOTAL5
PROGRAM MONEY.6
(III)  T
HIS SUBSECTION (1)(c) IS REPEALED, EFFECTIVE JULY 1,7
2030.8
(2)  District total program formula. A
 DISTRICT'S TOTAL9
PROGRAM IS:10
D
ISTRICT FOUNDATION FUNDING11
+
 DISTRICT AT-RISK FUNDING12
+
 DISTRICT ENGLISH LANGUAGE LEARNER FUNDING13
+
 DISTRICT SPECIAL EDUCATION FUNDING14
+
 DISTRICT COST OF LIVING FACTOR FUNDING15
+
 DISTRICT LOCALE FACTOR FUNDING16
+
 DISTRICT SIZE FACTOR FUNDING17
+
 DISTRICT EXTENDED HIGH SCHOOL FUNDING18
+
 DISTRICT ONLINE FUNDING.19
(3)  Statewide base per pupil funding. (Reserved)20
(4)  Funded pupil count. F
UNDED PUPIL COUNT IS:21
(a)  T
HE DISTRICT'S ONLINE PUPIL ENROLLMENT FOR THE22
APPLICABLE BUDGET YEAR PLUS THE DISTRICT 'S SUPPLEMENTAL23
KINDERGARTEN ENROLLMENT FOR THE APPLICABLE BUDGET YEAR PLUS24
THE DISTRICT'S EXTENDED HIGH SCHOOL PUPIL ENROLLMENT FOR THE25
APPLICABLE BUDGET YEAR PLUS THE GREATER OF :26
(I)  T
HE DISTRICT'S PUPIL ENROLLMENT FOR THE APPLICABLE27
HB24-1448
-34- BUDGET YEAR;1
(II)  T
HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE2
APPLICABLE BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR3
THE IMMEDIATELY PRECEDING BUDGET YEAR ;4
(III)  T
HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE5
APPLICABLE BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR6
THE TWO IMMEDIATELY PRECEDING BUDGET YEARS ; OR7
(IV)  T
HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE8
APPLICABLE BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR9
THE THREE IMMEDIATELY PRECEDING BUDGET YEARS .10
(b) (I)  N
OTWITHSTANDING ANY PROVISION OF LAW TO THE11
CONTRARY, FOR PURPOSES OF SUBSECTION (4)(a) OF THIS SECTION, A12
DISTRICT'S FUNDED PUPIL COUNT INCLUDES THE CERTIFIED PUPIL13
ENROLLMENT AND ONLINE PUPIL ENROLLMENT OF EACH OPERATING14
INSTITUTE CHARTER SCHOOL FOR WHICH THE DISTRICT IS THE ACC OUNTING15
DISTRICT, AS PROVIDED PURSUANT TO SUBSECTIONS (4)(b)(II) AND16
(4)(b)(III) 
OF THIS SECTION. THE DEPARTMENT OF EDUCATION SHALL ADD17
THE INSTITUTE CHARTER SCHOOL 'S CERTIFIED PUPIL ENROLLMENT AND18
ONLINE PUPIL ENROLLMENT TO THE FUNDED PUPIL COUNT OF THE DISTRICT19
PRIOR TO CALCULATING THE DISTRICT 'S TOTAL PROGRAM PURSUANT TO20
THIS SECTION.21
(II)  F
OR PURPOSES OF SUBSECTION (4)(b)(I) OF THIS SECTION,22
EACH OPERATING INSTITUTE CHARTER SCHOOL 'S CERTIFIED PUPIL23
ENROLLMENT IS THE GREATER OF:24
(A)  T
HE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL25
ENROLLMENT FOR THE APPLICABLE BUDGET YEAR ;26
(B)  T
HE AVERAGE OF THE OPERATING INSTITUTE CHARTER27
HB24-1448
-35- SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND1
THE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR2
THE IMMEDIATELY PRECEDING BUDGET YEAR ;3
(C)  T
HE AVERAGE OF THE OPERATING INSTITUTE CHARTER4
SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND5
THE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR6
THE TWO IMMEDIATELY PRECEDING BUDGET YEARS ; OR7
(D)  T
HE AVERAGE OF THE OPERATING INSTITUTE CHARTER8
SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND9
THE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR10
THE THREE IMMEDIATELY PRECEDING BUDGET YEARS .11
(III)  N
OTWITHSTANDING ANY PROVISION OF LAW TO THE12
CONTRARY, FOR PURPOSES OF SUBSECTION (4)(b)(II) OF THIS SECTION, AN13
OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT INCLUDES14
ITS ONLINE STUDENT ENROLLMENT , EXCEPT FOR MULTI-DISTRICT ONLINE15
SCHOOL STUDENT ENROLLMENT .16
(c)  T
HE GENERAL ASSEMBLY FINDS AND DECLARES THAT FOR THE17
PURPOSES OF SECTION 17 OF ARTICLE IX OF THE STATE CONSTITUTION,18
AVERAGING A DISTRICT'S PUPIL ENROLLMENT FOR THE APPLICABLE19
BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR THE THREE20
IMMEDIATELY PRECEDING BUDGET YEARS PURSUANT TO THIS SUBSECTION21
(4),
 AND AVERAGING AN OPERATING INSTITUTE CHARTER SCHOOL 'S22
STUDENT ENROLLMENT AND ONLINE PUPIL ENROLLMENT PURSUANT TO23
THIS SUBSECTION (4), IS A PROGRAM FOR ACCOUNTABLE EDUCATION24
REFORM AND MAY THEREFORE RECEIVE FUNDING FROM THE STATE25
EDUCATION FUND CREATED IN SECTION 17 (4) OF ARTICLE IX OF THE26
STATE CONSTITUTION.27
HB24-1448
-36- (d) (I)  NOTWITHSTANDING ANY PROVISION OF LAW TO THE1
CONTRARY, FOR THE PURPOSES OF THIS SUBSECTION (4), A DISTRICT'S2
PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND A DISTRICT 'S3
PUPIL ENROLLMENT FOR A PRECEDING BUDGET YEAR DO NOT INCLUDE A4
PUPIL WHO IS OR WAS ENROLLED IN A CHARTER SCHOOL THAT WAS5
ORIGINALLY AUTHORIZED BY THE DISTRICT BUT WAS SUBSEQUENTLY6
CONVERTED, ON OR AFTER JULY 1, 2010, TO AN INSTITUTE CHARTER7
SCHOOL OR TO A CHARTER SCHOOL OF A DISTRICT CONTIGUOUS TO THE8
ORIGINALLY AUTHORIZING DISTRICT.9
(II)  N
OTWITHSTANDING ANY PROVISION OF THIS SUBSECTION (4)10
TO THE CONTRARY, FOR THE PURPOSES OF THIS SUBSECTION (4), IF A11
DISTRICT'S FUNDED PUPIL COUNT CALCULATED PURSUANT TO THIS12
SUBSECTION (4) FOR A BUDGET YEAR IS FEWER THAN SIXTY STUDENTS, THE13
DISTRICT'S FUNDED PUPIL COUNT FOR THE BUDGET YEAR IS SIXTY14
STUDENTS.15
(5)  District foundation funding. A
 DISTRICT'S FOUNDATION16
FUNDING IS:17
(S
TATEWIDE BASE PER PUPIL FUNDING X (DISTRICT FUNDED PUPIL18
COUNT - DISTRICT EXTENDED HIGH SCHOOL PUPIL ENROLLMENT -19
D
ISTRICT ONLINE PUPIL ENROLLMENT)).20
(6)  District at-risk funding. A
 DISTRICT'S AT-RISK FUNDING IS:21
(S
TATEWIDE BASE PER PUPIL FUNDING X TWENTY-FIVE PERCENT)22
X DISTRICT AT-RISK PUPIL ENROLLMENT.23
(7)  District English language learner funding. A
 DISTRICT'S24
E
NGLISH LANGUAGE LEARNER FUNDING IS :25
(S
TATEWIDE BASE PER PUPIL FUNDING X TWENTY-FIVE PERCENT)26
X DISTRICT ENGLISH LANGUAGE LEARNER PUPIL ENROLLMENT .27
HB24-1448
-37- (8)  District extended high school funding. (a)  A DISTRICT'S1
EXTENDED HIGH SCHOOL FUNDING IS :2
(D
ISTRICT EXTENDED HIGH SCHOOL PUPIL ENROLLMENT X $9,588,3
OR AN AMOUNT DETERMINED PURS UANT SUBSECTION (8)(b) OF4
THIS SECTION).5
(b)  T
HE DOLLAR AMOUNT IN SUBSECTION (8)(a) OF THIS SECTION6
MUST INCREASE BY THE SAME PERCENTAGE THAT THE STATEWIDE BASE7
PER PUPIL FUNDING FOR THE APPLICABLE BUDGET YEAR IS INCREASED	. THE8
AMOUNT MUST BE ROUNDED TO THE NEAREST DOLLAR .9
(9)  District online funding. (a)  A
 DISTRICT'S ONLINE FUNDING IS:10
(D
ISTRICT ONLINE PUPIL ENROLLMENT X $9,588, OR AN AMOUNT11
DETERMINED PURSUANT TO SUBSECTION (9)(b) OF THIS SECTION).12
(b)  T
HE DOLLAR AMOUNT IN SUBSECTION (9)(a) OF THIS SECTION13
MUST INCREASE BY THE SAME PERCENTAGE THAT THE STATEWIDE BASE14
PER PUPIL FUNDING FOR THAT BUDGET YEAR IS INCREASED . THE AMOUNT15
MUST BE ROUNDED TO THE NEAREST DOLLAR .16
(10)  District special education pupil funding. A
 DISTRICT'S17
SPECIAL EDUCATION PUPIL FUNDING IS:18
(S
TATEWIDE BASE PER PUPIL FUNDING X TWENTY-FIVE PERCENT)19
X DISTRICT SPECIAL EDUCATION PUPIL ENROLLMENT .20
(11)  District cost of living factor funding - rules. (a)  A21
DISTRICT'S COST OF LIVING FACTOR FUNDING IS:22
(S
TATEWIDE BASE PER PUPIL FUNDING X (DISTRICT FUNDED PUPIL23
COUNT - DISTRICT EXTENDED HIGH SCHOOL PUPIL ENROLLMENT -24
D
ISTRICT ONLINE PUPIL ENROLLMENT) X DISTRICT COST OF LIVING25
FACTOR).26
(b) (I)  A
 DISTRICT'S COST OF LIVING FACTOR IS DETERMINED27
HB24-1448
-38- PURSUANT TO SUBSECTION (11)(c) OF THIS SECTION; EXCEPT THAT,1
NOTWITHSTANDING THIS SUBSECTION (11) TO THE CONTRARY , A2
DISTRICT'S COST OF LIVING FACTOR MUST NOT EXCEED TWENTY -THREE3
PERCENT.4
(II)  T
HE COST OF LIVING FACTOR ALLOWED FOR EACH DISTRICT5
PURSUANT TO THIS SUBSECTION (11) REFLECTS THE DIFFERENCES IN THE6
COSTS OF HOUSING, GOODS, AND SERVICES AMONG REGIONS IN WHICH7
DISTRICTS ARE LOCATED. THE FACTOR DOES NOT REFLECT ANY ANNUAL8
INCREASE IN THE COSTS OF HOUSING, GOODS, AND SERVICES CAUSED BY9
INFLATION.10
(c) (I)  F
OR THE 2025-26 BUDGET YEAR, A DISTRICT'S COST OF11
LIVING FACTOR IS THE DISTRICT'S COST OF LIVING AMOUNT IDENTIFIED IN12
THE 2023 COST OF LIVING ANALYSIS ADJUSTED FOR LABOR POOL AREAS ,13
DIVIDED BY THE MINIMUM COST OF LIVING AMOUNT FOR A DISTRICT14
IDENTIFIED IN THE 2023 COST OF LIVING ANALYSIS ADJUSTED FOR LABOR15
POOL AREAS, MINUS ONE.16
(II)  F
OR THE 2026-27 AND 2027-28 BUDGET YEARS, A DISTRICT'S17
COST OF LIVING FACTOR IS THE DISTRICT 'S COST OF LIVING AMOUNT18
IDENTIFIED IN THE 2025 COST OF LIVING ANALYSIS ADJUSTED FOR LABOR19
POOL AREAS, DIVIDED BY THE MINIMUM COST OF LIVING AMOUNT FOR A20
DISTRICT IDENTIFIED IN THE 2025 COST OF LIVING ANALYSIS ADJUSTED FOR21
LABOR POOL AREAS, MINUS ONE.22
(III)  F
OR EVERY TWO-YEAR BUDGET YEAR PERIOD THEREAFTER , A23
DISTRICT'S COST OF LIVING FACTOR IS THE DISTRICT'S COST OF LIVING24
AMOUNT, IDENTIFIED IN THE BIENNIAL COST OF LIVING ANALYSIS25
ADJUSTED FOR LABOR POOL AREAS , DIVIDED BY THE MINIMUM COST OF26
LIVING AMOUNT FOR A DISTRICT IDENTIFIED IN THE MOST RECENT COST OF27
HB24-1448
-39- LIVING ANALYSIS ADJUSTED FOR LABOR POOL AREAS , MINUS ONE.1
(IV)  T
HE COST OF LIVING FACTOR FOR EACH DISTRICT MUST BE2
CERTIFIED TO THE DEPARTMENT OF EDUCATION BY LEGISLATIVE COUNCIL3
STAFF FOR EACH TWO-YEAR PERIOD THEREAFTER BASED UPON A NEW COST4
OF LIVING ANALYSIS. THE CERTIFICATION MUST BE MADE NO LATER THAN5
A
PRIL 15 OF THE APPLICABLE YEAR AND IS EFFECTIVE FOR THE BUDGET6
YEAR BEGINNING ON JULY 1 OF THAT YEAR AND THE BUDGET YEAR7
THEREAFTER.8
(V)  T
HE DEPARTMENT OF EDUCATION SHALL TRANSFER A PORTION9
OF THE TOTAL AMOUNT APPROPRIATED BY THE GENERAL ASSEMBLY IN THE10
ANNUAL GENERAL APPROPRIATION BILL FOR THAT BUDGET YEAR FOR11
ASSISTANCE TO PUBLIC SCHOOLS, PUBLIC SCHOOL FINANCE, AND STATE12
SHARE OF DISTRICTS' TOTAL PROGRAM FUNDING TO THE LEGISLATIVE13
COUNCIL TO FUND THE COST OF LIVING ANALYSIS REQUIRED PURSUANT TO14
THIS SUBSECTION (11). THE AMOUNT TRANSFERRED BY THE DEPARTMENT15
OF EDUCATION MUST NOT EXCEED THE MAXIMUM AMOUNT SPECIFIED IN A16
FOOTNOTE RELATED TO THIS APPROPRIATION IN THE ANNUAL GENERAL17
APPROPRIATION BILL FOR THAT BUDGET YEAR . THE REMAINDER OF THE18
AMOUNT APPROPRIATED FOR ASSISTANCE TO PUBLIC SCHOOLS , PUBLIC19
SCHOOL FINANCE, AND STATE SHARE OF DISTRICTS ' TOTAL PROGRAM20
FUNDING MUST BE DISTRIBUTED TO SCHOOL DISTRICTS IN THE MANNER21
PROVIDED IN SECTION 22-54-106 (4)(c).22
(d) (I)  T
HE DEPARTMENT OF EDUCATION SHALL PROMULGATE23
RULES FOR THE ASSIGNMENT OF A COST OF LIVING FACTOR TO ANY NEW24
DISTRICT ORGANIZED PURSUANT TO ARTICLE 30 OF THIS TITLE 22, EXCEPT25
FOR NEW DISTRICTS THAT ARE CREATED AS THE RESULT OF A26
DECONSOLIDATION AS DESCRIBED IN SECTION 22-30-102 (2)(a), UNTIL THE27
HB24-1448
-40- COST OF LIVING FACTOR FOR THE DISTRICT IS CERTIFIED BY LEGISLATIVE1
COUNCIL STAFF PURSUANT TO THIS SECTION .2
(II)  T
HE RULES PROMULGATED PURSUANT TO THIS SUBSECTION3
(11)(d) 
MUST BE DESIGNED TO PROVIDE NEITHER AN INCENTIVE NOR A4
DISINCENTIVE TO THE ORGANIZATION OF NEW DISTRICTS PURSUANT TO5
ARTICLE 30 OF THIS TITLE 22 AND MUST INCLUDE PROVISIONS TO ENSURE6
THAT THE COST OF LIVING FACTOR WITHIN A NEW DISTRICT IS NOT7
REDUCED SOLELY BECAUSE THE NEW DISTRICT IS THE RESULT OF A8
CONSOLIDATION OF EXISTING DISTRICTS. THE RULES MUST CONSIDER THE9
COST OF LIVING FACTORS ASSIGNED TO THE DISTRICTS THAT ARE AFFECTED10
BY THE ORGANIZATION OF THE NEW DISTRICT AND THE CIRCUMSTANCES11
OF THE NEW DISTRICT BASED ON THE MOST RECENT COST OF LIVING12
ANALYSIS PERFORMED BY THE LEGISLATIVE COUNCIL .13
(III)  N
EW DISTRICTS THAT ARE CREATED AS THE RESULT OF A14
DECONSOLIDATION AS DESCRIBED IN SECTION 22-30-102 (2)(a) RETAIN15
THE COST OF LIVING FACTOR OF THE DISTRICT FROM WHICH THEY WERE16
SEPARATED UNTIL THE COST OF LIVING FACTOR FOR THE NEW DISTRICT IS17
CERTIFIED BY THE LEGISLATIVE COUNCIL STAFF PURSUANT TO THIS18
SECTION.19
(12)  District locale factor funding. (a)  A
 DISTRICT'S LOCALE20
FACTOR FUNDING IS:21
(S
TATEWIDE BASE PER PUPIL FUNDING X (DISTRICT FUNDED PUPIL22
COUNT - DISTRICT EXTENDED HIGH SCHOOL PUPIL ENROLLMENT -23
D
ISTRICT ONLINE PUPIL ENROLLMENT ) X DISTRICT LOCALE24
FACTOR).25
(b)  A
 DISTRICT'S LOCALE FACTOR IS:26
(I)  T
WENTY-FIVE PERCENT, IF THE DISTRICT IS CLASSIFIED AS27
HB24-1448
-41- RURAL REMOTE;1
(II)  T
WENTY PERCENT, IF THE DISTRICT IS CLASSIFIED AS RURAL2
DISTANT;3
(III)  F
IFTEEN PERCENT, IF THE DISTRICT IS CLASSIFIED AS RURAL4
FRINGE;5
(IV)  T
EN PERCENT, IF THE DISTRICT IS CLASSIFIED AS TOWN6
REMOTE;7
(V)  F
IVE PERCENT, IF THE DISTRICT IS CLASSIFIED AS TOWN8
DISTANT;9
(VI)  T
WO AND A HALF PERCENT, IF THE DISTRICT IS CLASSIFIED AS10
TOWN FRINGE;11
(VII)  Z
ERO PERCENT, IF THE DISTRICT IS CLASSIFIED AS SUBURBAN12
SMALL;13
(VIII)  Z
ERO PERCENT, IF THE DISTRICT IS CLASSIFIED AS SUBURBAN14
MIDSIZE;15
(IX)  Z
ERO PERCENT, IF THE DISTRICT IS CLASSIFIED AS SUBURBAN16
LARGE;17
(X)  Z
ERO PERCENT, IF THE DISTRICT IS CLASSIFIED AS CITY SMALL;18
(XI)  Z
ERO PERCENT, IF THE DISTRICT IS CLASSIFIED AS CITY19
MIDSIZE; OR20
(XII)  Z
ERO PERCENT, IF THE DISTRICT IS CLASSIFIED AS CITY21
LARGE.22
(c)  A
 DISTRICT'S CLASSIFICATION, AS DESCRIBED PURSUANT TO23
SUBSECTION (12)(b) OF THIS SECTION, IS DETERMINED BY THE LATEST24
CLASSIFICATIONS OR CLASSIFICATION CRITERIA ISSUED BY THE NATIONAL25
CENTER FOR EDUCATION STATISTICS IN THE INSTITUTE OF EDUCATION26
SCIENCES OF THE UNITED STATES DEPARTMENT OF EDUCATION .27
HB24-1448
-42- (d)  NOTWITHSTANDING SUBSECTION (12)(c) OF THIS SECTION, IF1
A DISTRICT DOES NOT ALIGN WITH A CLASSIFICATION ISSUED BY THE2
NATIONAL CENTER FOR EDUCATION STATISTICS , THE DEPARTMENT OF3
EDUCATION SHALL DESIGNATE THE DISTRICT 'S LOCALE FACTOR BASED ON4
CONSIDERATIONS THAT ALIGN IT WITH A SIMILARLY SITUATED DISTRICT5
THAT HAS A CLASSIFICATION ISSUED BY THE NATIONAL CENTER FOR6
EDUCATION STATISTICS. IF THE DEPARTMENT OF EDUCATION IS REQUIRED7
TO DESIGNATE THE DISTRICT 'S LOCALE FACTOR PURSUANT TO THIS8
SUBSECTION (12)(d), THE DEPARTMENT OF EDUCATION SHALL CONSULT9
WITH LEGISLATIVE COUNSEL STAFF CONCERNING THE ADJUSTMENT FOR10
ANY INFORMATION NECESSARY TO MAKE AN APPROPRIATE DESIGNATION .11
(13)  District size factor funding. (a)  A
 DISTRICT'S SIZE FACTOR12
FUNDING IS:13
(S
TATEWIDE BASE PER PUPIL FUNDING X (DISTRICT FUNDED PUPIL14
COUNT - DISTRICT EXTENDED HIGH SCHOOL PUPIL ENROLLMENT -15
D
ISTRICT ONLINE PUPIL ENROLLMENT) X DISTRICT SIZE FACTOR).16
(b)  A
 DISTRICT'S SIZE FACTOR IS:17
(I)  I
F THE DISTRICT'S FUNDED PUPIL COUNT IS LESS THAN TWO18
HUNDRED SEVENTY-SIX:19
0.5457
 + (0.00376159 X THE DIFFERENCE BETWEEN THE FUNDED20
PUPIL COUNT AND TWO HUNDRED SEVENTY -SIX).21
(II)  I
F THE DISTRICT'S FUNDED PUPIL COUNT IS TWO HUNDRED22
SEVENTY-SIX OR MORE BUT LESS THAN FOUR HUNDRED FIFTY -NINE:23
0.2385
 + (0.00167869 X THE DIFFERENCE BETWEEN THE FUNDED24
PUPIL COUNT AND FOUR HUNDRED FIFTY -NINE).25
(III)  I
F THE DISTRICT'S FUNDED PUPIL COUNT IS FOUR HUNDRED26
FIFTY-NINE OR MORE BUT LESS THAN ONE THOUSAND TWENTY -SEVEN:27
HB24-1448
-43- 0.1215 + (0.00020599 X THE DIFFERENCE BETWEEN THE FUNDED1
PUPIL COUNT AND ONE THOUSAND TWENTY -SEVEN).2
(IV)  I
F THE DISTRICT'S FUNDED PUPIL COUNT IS ONE THOUSAND3
TWENTY-SEVEN OR MORE BUT LESS THAN TWO THOUSAND TWO HUNDRED4
NINETY-THREE:5
0.0533
 + (0.00005387 X THE DIFFERENCE BETWEEN THE FUNDED6
PUPIL COUNT AND TWO THOUSAND TWO HUNDRED NINETY -THREE).7
(V)  I
F THE DISTRICT'S FUNDED PUPIL COUNT IS TWO THOUSAND8
TWO HUNDRED NINETY-THREE OR MORE BUT LESS THAN THREE THOUSAND9
FIVE HUNDRED:10
0.0368
 + (0.00001367 X THE DIFFERENCE BETWEEN THE FUNDED11
PUPIL COUNT AND THREE THOUSAND FIVE HUNDRED ).12
(VI)  I
F THE DISTRICT'S FUNDED PUPIL COUNT IS THREE THOUSAND13
FIVE HUNDRED OR MORE BUT LESS THAN SIX THOUSAND FIVE HUNDRED :14
0.0297
 + (0.00000473 X THE DIFFERENCE BETWEEN THE FUNDED15
PUPIL COUNT AND SIX THOUSAND FIVE HUNDRED ).16
(VII)  I
F THE DISTRICT'S FUNDED PUPIL COUNT IS SIX THOUSAND17
FIVE HUNDRED OR MORE: 0.00.18
(c) (I)  I
F THE REORGANIZATION OF A DISTRICT OR DISTRICTS19
RESULTS IN A DISTRICT INVOLVED IN THE REORGANIZATION HAVING A20
GREATER SIZE FACTOR THAN THE ORIGINAL DISTRICT OR DISTRICTS HAD21
FOR THE BUDGET YEAR IMMEDIATELY PRECEDING REORGANIZATION , THE22
DISTRICTS INVOLVED IN THE REORGANIZATION MUST USE , FOR EACH23
BUDGET YEAR, THE SIZE FACTOR THE ORIGINAL DISTRICT HAD PRIOR TO24
THE REORGANIZATION OR, IF TWO OR MORE DISTRICTS REORGANIZE INTO25
A SINGLE DISTRICT, THE SIZE FACTOR OF THE ORIGINAL DISTRICT WITH THE26
LOWEST SIZE FACTOR FOR THE BUDGET YEAR IMMEDIATELY PRECEDING27
HB24-1448
-44- REORGANIZATION. A DISTRICT INVOLVED IN THE REORGANIZATION SHALL1
NOT, FOR ANY BUDGET YEAR , USE THE SIZE FACTOR THAT WOULD2
OTHERWISE BE PROVIDED PURSUANT TO THIS SUBSECTION (13).3
(II)  I
F THE REORGANIZATION OF A DISTRICT OR DISTRICTS RESULTS4
IN A DISTRICT INVOLVED IN THE REORGANIZATION HAVING A LOWER SIZE5
FACTOR THAN THE ORIGINAL DISTRICT OR DISTRICTS HAD FOR THE B UDGET6
YEAR IMMEDIATELY PRECEDING REORGANIZATION , THE NEW DISTRICT OR7
DISTRICTS MUST USE A SIZE FACTOR DETERMINED AS FOLLOWS :8
(A)  F
OR THE FIRST BUDGET YEAR FOLLOWING REORGANIZATION ,9
THE SIZE FACTOR OF THE ORIGINAL DISTRICT FOR THE BUDGET YEAR10
IMMEDIATELY PRECEDING REORGANIZATION OR , IF TWO OR MORE11
DISTRICTS ARE INVOLVED IN THE REORGANIZATION , THE WEIGHTED12
AVERAGE SIZE FACTOR OF THE ORIGINAL DISTRICTS FOR THE BUDGET YEAR13
IMMEDIATELY PRECEDING REORGANIZATION . FOR PURPOSES OF THIS14
SUBSECTION (13)(c)(II)(A), THE WEIGHTED AVERAGE SIZE FACTOR IS THE15
SUM OF THE AMOUNTS CALCULATED BY MULTIPLYING THE FUNDED PUPIL16
COUNTS OF THE ORIGINAL DISTRICTS BY THE SIZE FACTOR OF THE ORIGINAL17
DISTRICTS AND DIVIDING THAT SUM BY THE TOTAL FUNDED PUPIL COUNT18
OF THE ORIGINAL DISTRICTS.19
(B)  F
OR THE SECOND BUDGET YEAR FOLLOWING REOR GANIZATION	,20
THE SIZE FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR MINUS21
AN AMOUNT EQUAL TO ONE-FIFTH OF THE DIFFERENCE BETWEEN THE SIZE22
FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR AND THE SIZE23
FACTOR DETERMINED PURS UANT TO SUBSECTION (13)(b) OF THIS SECTION;24
(C)  F
OR THE THIRD BUDGET YEAR FOLLOWING REORGANIZATION ,25
THE SIZE FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR MINUS26
AN AMOUNT EQUAL TO ONE -FOURTH OF THE DIFFERENCE BETWEEN THE27
HB24-1448
-45- SIZE FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR AND THE1
SIZE FACTOR DETERMINED PURSUANT TO SUBSECTION (13)(b) OF THIS2
SECTION;3
(D)  F
OR THE FOURTH BUDGET YEAR FOLLOWING REORGANIZATION ,4
THE SIZE FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR MINUS5
AN AMOUNT EQUAL TO ONE-THIRD OF THE DIFFERENCE BETWEEN THE SIZE6
FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR AND THE SIZE7
FACTOR DETERMINED PURSUANT TO SUBSECTION (13)(b) OF THIS SECTION;8
(E)  F
OR THE FIFTH BUDGET YEAR FOLLOWING REORGANIZATION ,9
THE SIZE FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR MINUS10
AN AMOUNT EQUAL TO ONE-HALF OF THE DIFFERENCE BETWEEN THE SIZE11
FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR AND THE SIZE12
FACTOR DETERMINED PURSUANT TO SUBSECTION (13)(b) OF THIS SECTION;13
AND14
(F)  F
OR THE SIXTH BUDGET YEAR FOLLOWING REORGANIZATION15
AND BUDGET YEARS THEREAFTER , THE SIZE FACTOR DETERMINED16
PURSUANT TO SUBSECTION (13)(b) OF THIS SECTION.17
(14)  Total program funding. (Reserved)18
SECTION 7. In Colorado Revised Statutes, 22-54-104, amend19
(1) and (5)(b)(IV); and add (7) and (8) as follows:20
22-54-104.  District total program - legislative declaration -21
definitions - repeal. (1) (a)  For every budget year the provisions of
22
THROUGH THE 2024-25 BUDGET YEAR, this section shall MUST be used to23
calculate for each district an amount that represents the financial base of24
support for public education in that district. Such amount shall be known25
as the district's total program DETERMINE EACH DISTRICT 'S TOTAL26
PROGRAM. The district's total program shall be IS available to the district27
HB24-1448
-46- to fund the costs of providing public education, and, except as otherwise1
provided in section 22-54-105, the amounts and purposes for which such2
moneys are budgeted and expended shall be in the discretion of the3
district THE DISTRICT HAS THE DISCRETION TO DETERMINE THE AMOUNTS4
AND PURPOSES FOR BUDGETING AND EXPENDING ITS TOTAL PROGRAM5
MONEY.6
(b)  Notwithstanding the provisions of paragraph (a) of this7
subsection (1) SUBSECTION (1)(a) OF THIS SECTION TO THE CONTRARY, if8
a district is the accounting district of an institute charter school AN9
INSTITUTE CHARTER SCHOOL'S ACCOUNTING DISTRICT, then the calculation10
of total program pursuant to the provisions of this section shall also11
represent the financial base of support for the institute charter school12
TOTAL PROGRAM DETERMINATION PURSUANT TO THIS SECTION ALSO13
REPRESENTS THE INSTITUTE CHARTER SCHOOL 'S FINANCIAL BASE OF14
SUPPORT, even though the institute charter school is not a school of the15
district. The amount of the district's state share of total program that is16
withheld from the district and paid to the state charter school institute17
pursuant to the provisions of section 22-54-115 (1.3) shall IS not be18
available to nor OR under the control of the district but shall be IS under19
the control of the 
INSTITUTE CHARTER SCHOOL'S governing board of the
20
institute charter school to fund the costs of providing public education to21
pupils enrolled in the institute charter school. and the amounts and22
purposes for which such moneys are budgeted and expended shall be in23
the discretion of the institute charter school. THE INSTITUTE CHARTER24
SCHOOL HAS THE DISCRETION TO DETERMINE THE AMOUNTS AND PURPOSES25
FOR BUDGETING AND EXPENDING ITS TOTAL PROGRAM MONEY .26
(c) (I)  N
OTWITHSTANDING ANY PROVISION OF LAW TO THE27
HB24-1448
-47- CONTRARY, FOR THE 2025-26 BUDGET YEAR THROUGH THE 2029-301
BUDGET YEAR, THE DEPARTMENT OF EDUCATION SHALL CALCULATE EACH2
DISTRICT'S TOTAL PROGRAM PURSUANT TO THIS SECTION FOR THE PURPOSE3
OF DETERMINING EACH DISTRICT'S TOTAL PROGRAM PURSUANT TO SECTION4
22-54-103.3.
 THE DISTRICT'S TOTAL PROGRAM IS AVAILABLE TO THE5
DISTRICT TO FUND THE COSTS OF PROVIDING PUBLIC EDUCATION , AND,6
EXCEPT AS OTHERWISE PROVIDED IN SECTION 22-54-105, THE DISTRICT7
HAS THE DISCRETION TO DETERMINE THE AMOUNTS AND PURPOSES FOR8
BUDGETING AND EXPENDING ITS DISTRICT TOTAL PROGRAM MONEY .9
(II)  N
OTWITHSTANDING SUBSECTION (1)(c)(I) OF THIS SECTION TO10
THE CONTRARY, IF A DISTRICT IS AN INSTITUTE CHARTER SCHOOL 'S11
ACCOUNTING DISTRICT , THEN THE DISTRICT TOTAL PROGRAM12
CALCULATION PURSUANT TO THIS SECTION ALSO REPRESENTS THE13
INSTITUTE CHARTER SCHOOL'S FINANCIAL BASE OF SUPPORT FOR PUBLIC14
EDUCATION, EVEN THOUGH THE INSTITUTE CHARTER SCHOOL IS NOT THE15
DISTRICT'S SCHOOL. THE AMOUNT OF THE DISTRICT 'S STATE SHARE OF16
TOTAL PROGRAM THAT IS WITHHELD FROM THE DISTRICT AND PAID TO THE17
STATE CHARTER SCHOOL INSTITUTE PURSUANT TO SECTION 22-54-11518
(1.3)
 IS NOT AVAILABLE TO OR UNDER THE CONTROL OF THE DISTRICT BUT19
IS AVAILABLE TO AND UNDER THE CONTROL OF THE INSTITUTE CHARTER20
SCHOOL'S GOVERNING BOARD TO FUND THE COSTS OF PROVIDING PUBLIC21
EDUCATION TO STUDENTS ENROLLED IN THE INSTITUTE CHARTER SCHOOL .22
T
HE INSTITUTE CHARTER SCHOOL HAS THE DISCRETION TO DETERMINE THE23
AMOUNTS AND PURPOSES FOR BUDGETING AND EXPENDING ITS TOTAL24
PROGRAM MONEY.25
(5)  For purposes of the formulas used in this section:26
(b) (IV)  For the 1998-99 budget year and budget years thereafter,
27
HB24-1448
-48- The funded pupil count used to calculate a district's size factor pursuant1
to this paragraph (b) shall be SUBSECTION (5)(b) IS the funded pupil count2
as calculated pursuant to section 22-54-103 (7) reduced by sixty-five3
percent of the number of pupils included in the funded pupil count that4
are enrolled in charter schools in the district; except that the provisions of5
this subparagraph (IV) shall THIS SUBSECTION (5)(b)(IV) only apply6
APPLIES to those districts with a funded pupil count as calculated pursuant7
to section 22-54-103 (7) of five hundred or less FEWER.8
(7) (a)  F
OR PURPOSES THIS SECTION, "FUNDED PUPIL COUNT"9
MEANS THE DISTRICT'S ONLINE PUPIL ENROLLMENT FOR THE APPLICABLE10
BUDGET YEAR PLUS THE DISTRICT 'S SUPPLEMENTAL KINDERGARTEN11
ENROLLMENT FOR THE APPLICABLE BUDGET YEAR PLUS THE DISTRICT 'S12
EXTENDED HIGH SCHOOL PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET13
YEAR PLUS THE GREATER OF:14
(I)  T
HE DISTRICT'S PUPIL ENROLLMENT FOR THE APPLICABLE15
BUDGET YEAR;16
(II)  T
HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE17
APPLICABLE BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR18
THE IMMEDIATELY PRECEDING BUDGET YEAR ;19
(III)  T
HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE20
APPLICABLE BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR21
THE TWO IMMEDIATELY PRECEDING BUDGET YEARS ;22
(IV)  T
HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE23
APPLICABLE BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR24
THE THREE IMMEDIATELY PRECEDING BUDGET YEARS ; OR25
(V)  T
HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE26
APPLICABLE BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR27
HB24-1448
-49- THE FOUR IMMEDIATELY PRECEDING BUDGET YEARS .1
(b)  N
OTWITHSTANDING ANY PROVISION OF LAW TO THE2
CONTRARY, FOR PURPOSES OF SUBSECTION (7)(a) OF THIS SECTION, A3
DISTRICT'S FUNDED PUPIL COUNT INCLUDES THE CERTIFIED PUPIL4
ENROLLMENT AND ONLINE PUPIL ENROLLMENT OF EACH OPERATING5
INSTITUTE CHARTER SCHOOL FOR WHICH THE DISTRICT IS THE ACCOUNTING6
DISTRICT, AS PROVIDED PURSUANT TO SUBSECTIONS (7)(c) AND (7)(d) OF7
THIS SECTION. THE DEPARTMENT OF EDUCATION SHALL ADD THE8
INSTITUTE CHARTER SCHOOL'S CERTIFIED PUPIL ENROLLMENT AND ONLINE9
PUPIL ENROLLMENT TO THE FUNDED PUPIL COUNT OF THE DISTRICT PRIOR10
TO CALCULATING THE DISTRICT 'S TOTAL PROGRAM PURSUANT TO THIS11
SECTION.12
(c)  F
OR PURPOSES OF SUBSECTION (7)(b) OF THIS SECTION, EACH13
OPERATING INSTITUTE CHARTER SCHOOL 'S CERTIFIED PUPIL ENROLLMENT14
IS THE GREATER OF:15
(I)  T
HE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL16
ENROLLMENT FOR THE APPLICABLE BUDGET YEAR ;17
(II)  T
HE AVERAGE OF THE OPERATING INSTITUTE CHARTER18
SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND19
THE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR20
THE IMMEDIATELY PRECEDING BUDGET YEAR ;21
(III)  T
HE AVERAGE OF THE OPERATING INSTITUTE CHARTER22
SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND23
THE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR24
THE TWO IMMEDIATELY PRECEDING BUDGET YEARS ;25
(IV)  T
HE AVERAGE OF THE OPERATING INSTITUTE CHARTER26
SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND27
HB24-1448
-50- THE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR1
THE THREE IMMEDIATELY PRECEDING BUDGET YEARS ; OR2
(V)  T
HE AVERAGE OF THE OPERATING INSTITUTE CHARTER3
SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND4
THE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR5
THE FOUR IMMEDIATELY PRECEDING BUDGET YEARS .6
(d)  N
OTWITHSTANDING ANY PROVISION OF LAW TO THE7
CONTRARY, FOR PURPOSES OF SUBSECTION (7)(c) OF THIS SECTION, AN8
OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT INCLUDES9
ITS ONLINE PUPIL ENROLLMENT , EXCEPT FOR MULTI-DISTRICT ONLINE10
SCHOOL PUPIL ENROLLMENT.11
(e)  T
HE GENERAL ASSEMBLY FINDS AND DECLARES THAT FOR THE12
PURPOSES OF SECTION 17 OF ARTICLE IX OF THE STATE CONSTITUTION,13
AVERAGING A DISTRICT'S PUPIL ENROLLMENT FOR THE APPLICABLE14
BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR THE FOUR15
IMMEDIATELY PRECEDING BUDGET YEARS PURSUANT TO THIS SUBSECTION16
(7),
 AND AVERAGING AN OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL17
ENROLLMENT AND ONLINE PUPIL ENROLLMENT PURSUANT TO THIS18
SUBSECTION (7), IS A PROGRAM FOR ACCOUNTABLE EDUCATION REFORM19
AND MAY THEREFORE RECEIVE FUNDING FROM THE STATE EDUCATION20
FUND CREATED IN SECTION 17 (4) OF ARTICLE IX OF THE STATE21
CONSTITUTION.22
(f)  N
OTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY ,23
FOR THE PURPOSES OF THIS SUBSECTION (7), A DISTRICT'S PUPIL24
ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND A DISTRICT 'S PUPIL25
ENROLLMENT FOR ANY PRECEDING BUDGET YEAR DO NOT INCLUDE A PUPIL26
WHO IS OR WAS ENROLLED IN A CHARTER SCHOOL THAT WAS ORIGINALLY27
HB24-1448
-51- AUTHORIZED BY THE DISTRICT BUT WAS SUBSEQUENTLY CONVERTED , ON1
OR AFTER JULY 1, 2010, TO AN INSTITUTE CHARTER SCHOOL OR TO A2
CHARTER SCHOOL OF A DISTRICT CONTIGUOUS TO THE ORIGINALLY3
AUTHORIZING DISTRICT.4
(g)  N
OTWITHSTANDING ANY PROVISION OF THIS SUBSECTION (7) TO5
THE CONTRARY, FOR THE PURPOSES OF THIS SUBSECTION (7), IF A6
DISTRICT'S FUNDED PUPIL COUNT CALCULATED PURSUANT TO THIS7
SUBSECTION (7) FOR A BUDGET YEAR IS FEWER THAN FIFTY PUPILS , THE8
DISTRICT'S FUNDED PUPIL COUNT FOR THE BUDGET YEAR IS FIFTY PUPILS .9
(h)  S
OLELY FOR THE PURPOSE OF AVERAGING PUPIL ENROLLMENT10
PURSUANT TO SUBSECTION (7)(a) OF THIS SECTION FOR A DISTRICT THAT11
OPERATES A FULL-DAY KINDERGARTEN EDUCATIONAL PROGRAM , THE12
DEPARTMENT OF EDUCATION SHALL ADJUST THE DISTRICT 'S PUPIL13
ENROLLMENTS FOR THE 2018-19, 2017-18, 2016-17, AND 2015-16 BUDGET14
YEARS BY COUNTING EACH PUPIL ENROLLED IN A FULL	-DAY15
KINDERGARTEN EDUCATIONAL PROGRAM IN ONE OF THOSE BUDGET YEARS16
AS A FULL-TIME STUDENT. THE ADJUSTMENT TO PUPIL ENROLLMENT MADE17
PURSUANT TO THIS SUBSECTION (7)(h) DOES NOT AFFECT OR CHANGE THE18
FUNDED PUPIL COUNT USED TO CALCULATE A DISTRICT 'S FISCAL YEAR19
SPENDING LIMITATION PURSUANT TO SECTION 20 OF ARTICLE X OF THE20
STATE CONSTITUTION FOR A BUDGET YEAR COMMENCING BEFORE JULY 1,21
2019.22
(8)  T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2030.23
SECTION 8. In Colorado Revised Statutes, add part 2 to article24
54 of title 22 as follows:25
PART 226
STUDIES AND REPORTS27
HB24-1448
-52- 22-54-201.  Financial transparency - report - legislative1
declaration - definition - repeal. (1) (a)  T
HE GENERAL ASSEMBLY FINDS2
THAT:3
(I)  T
HE NEW PUBLIC SCHOOL FUNDING FORMULA ENSURES THAT4
EACH STUDENT HAS THE RESOURCES NEEDED TO BE ACADEMICALLY5
SUCCESSFUL WHILE TAKING INTO ACCOUNT EACH STUDENT 'S UNIQUE6
NEEDS;7
(II)  S
EVERAL DISTRICTS USE BUDGETING PRACTICES THAT8
ALLOCATE PER-PUPIL REVENUE TO SCHOOLS BASED ON THE INDIVI DUAL9
CHARACTERISTICS OF THE STUDENTS AT EACH SCHOOL , WHICH IS A10
PRACTICE REFERRED TO AS WEIGHTED STUDENT BUDGETING ;11
(III)  W
EIGHTED STUDENT BUDGETING ENSURES THAT FUNDING12
FOLLOWS THE STUDENTS IN A TRANSPARENT AND EQUITABLE MANNER ;13
(IV)  T
HE NEW PUBLIC SCHOOL FUNDING FORMULA THAT INCLUDES14
INCREASED FUNDING PERCENTAGES , OR WEIGHTS, BASED ON THE15
INDIVIDUAL CHARACTERISTICS OF THE STUDENTS AT EACH SCHOOL16
CREATES FURTHER OPPORTUNITIES FOR DISTRICTS TO PRACTICE WEIGHTED17
STUDENT BUDGETING;18
(V)  A
S EXTENDED HIGH SCHOOL OPPORTUNITIES EXPAND , THERE19
IS A DESIRE TO RECOGNIZE DISTRICTS THAT IMPLEMENT THOSE20
OPPORTUNITIES IN A MANNER THAT ENSURES PARTICIPATING STUDENTS21
RECEIVE ADEQUATE FUNDING ; AND22
(VI)  A
S THE STATE IMPLEMENTS A NEW PUBLIC SCHOOL FUNDING23
FORMULA AND AS THE DEPARTMENT OF EDUCATION UPDATES ITS SCHOOL24
FINANCE FUNDING SYSTEM , IT IS IN THE STATE'S BEST INTEREST TO25
UNDERSTAND THE BENEFITS AND CHALLENGES ASSOCIATED WITH26
WEIGHTED STUDENT BUDGETING .27
HB24-1448
-53- (b)  THEREFORE, THE GENERAL ASSEMBLY DECLARES THAT IT IS1
NECESSARY FOR THE DEPARTMENT OF EDUCATION TO ENGAGE A STUDY OF2
WEIGHTED STUDENT BUDGETING TO IDENTIFY WAYS TO SUPPORT3
DISTRICTS TO ENSURE ITS STUDENTS RECEIVE THE FUNDING NEEDED TO4
SUPPORT OVERALL ACADEMIC SUCCESS .5
(2)  F
OR PURPOSES OF THIS SECTION , "WEIGHTED STUDENT6
BUDGETING" MEANS BUDGETING PRACTICES THAT ALLOCATE PER -PUPIL7
REVENUE TO SCHOOLS BASED ON THE INDIVIDUAL CHARACTERISTICS OF8
THE STUDENTS AT EACH SCHOOL .9
(3)  N
O LATER THAN NOVEMBER 1, 2024, THE DEPARTMENT OF10
EDUCATION SHALL CONTRACT WITH A THIRD -PARTY ENTITY THAT SHALL11
CONDUCT A STUDY AND PUBLISH A REPORT CONCERNING WEIGHTED12
STUDENT BUDGETING. IN SELECTING THE THIRD-PARTY ENTITY, THE13
DEPARTMENT OF EDUCATION SHALL SELECT AN ENTITY THAT HAS14
EXPERIENCE IN DISTRICT BUDGETING.15
(4)  A
T A MINIMUM, THE REPORT MUST:16
(a)  I
DENTIFY THE DISTRICTS THAT USE WEIGHTED STUDENT17
BUDGETING;18
(b)  A
NALYZE A SAMPLE OF DISTRICTS THAT USE WEIGHTED19
STUDENT BUDGETING, INCLUDING RATIONALE FOR SPECIFIC PRACTICES20
AND BEST PRACTICES FOR SUCCESSFUL IMPLEMENTATION ;21
(c)  I
DENTIFY CHALLENGES AND ADVANTAGES OF USING WEIGHTED22
STUDENT BUDGETING IN A SAMPLE OF DISTRICTS OF VARIOUS SIZE AND23
GEOGRAPHIC LOCATION;24
(d)  I
NCLUDE FEEDBACK FROM DISTRICTS IN COLORADO AND OTHER25
STATES THAT USE WEIGHTED STUDENT BUDGETING , AND FEEDBACK FROM26
RESEARCHERS AND STAKEHOLDERS WITH EXPERTISE IN WEIGHTED27
HB24-1448
-54- STUDENT BUDGETING;1
(e)  A
NALYZE OTHER STATES, OR DISTRICTS IN OTHER STATES, THAT2
USE WEIGHTED STUDENT BUDGETING , INCLUDING BEST PRACTICES OR3
CHALLENGES;4
(f)  I
NCLUDE A COST AND BENEFIT ANALYSIS OF WEIGHTED5
STUDENT BUDGETING; AND6
(g)  I
NCLUDE FINDINGS AND RECOMMENDATIONS CONCERNING THE7
MANNER IN WHICH:8
(I)  D
ISTRICTS CAN IMPLEMENT WEIGHTED STUDENT BUDGETING ,9
INCLUDING THE REQUIRED , OR BEST, IMPLEMENTATION PROCEDURES ,10
TECHNOLOGY IMPROVEMENTS , AND FINANCIAL SUPPORT;11
(II)  T
HE DEPARTMENT OF EDUCATION CAN PUBLICLY REPORT12
SCHOOL-LEVEL WEIGHTED STUDENT BUDGETING DATA IN A PLAIN AND13
EASY-TO-UNDERSTAND MANNER ; AND14
(III)  W
EIGHTED STUDENT BUDGETING MAY BE USED TO ENSURE15
ADEQUATE FUNDING FOR EXTENDED HIGH SCHOOL OPPORTUNITIES .16
(5)  N
O LATER THAN JUNE 30, 2025, THE THIRD-PARTY ENTITY17
SHALL SUBMIT ITS REPORT TO THE COMMISSIONER OF EDUCATION . NO18
LATER THAN JUNE 30, 2025, THE COMMISSIONER OF EDUCATION SHALL19
SUBMIT THE REPORT TO THE EDUCATION COMMITTEES OF THE HOUSE OF20
REPRESENTATIVES AND THE SENATE , OR ANY SUCCESSOR COMMITTEES ,21
AND TO THE GOVERNOR.22
(6)  T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2026.23
22-54-202.  Pupil enrollment count method - report - repeal.24
(1)  B
EGINNING IN THE 2026-27 BUDGET YEAR, IT IS THE GENERAL25
ASSEMBLY'S INTENT TO IMPLEMENT A PUPIL ENROLLMENT COUNT METHOD26
THAT DETERMINES A DISTRICT'S PUPIL ENROLLMENT FOR THE APPLICABLE27
HB24-1448
-55- BUDGET YEAR BASED ON MULTIPLE COUNT DAYS THAT OCCUR DURING THE1
BUDGET YEAR.2
(2)  N
O LATER THAN NOVEMBER 1, 2024, THE DEPARTMENT OF3
EDUCATION SHALL CONTRACT WITH A THIRD -PARTY ENTITY THAT SHALL4
CONDUCT A STUDY AND PUBLISH A REPORT WITH RECOMMENDATIONS5
CONCERNING THE IMPLEMENTATION OF A PUPIL ENROLLMENT COUNT6
METHOD THAT DETERMINES A DISTRICT 'S PUPIL ENROLLMENT FOR THE7
APPLICABLE BUDGET YEAR BASED ON MULTIPLE COUNT DAYS THAT OCCUR8
DURING THE BUDGET YEAR. IN SELECTING THE THIRD-PARTY ENTITY, THE9
DEPARTMENT OF EDUCATION SHALL SELECT AN ENTITY THAT HAS10
EXPERIENCE IN STUDENT DATA COLLECTION AND PUBLIC SCHOOL FUNDING .11
(3)  A
T A MINIMUM, THE REPORT MUST INCLUDE FOR ANY METHOD12
EXAMINED:13
(a)  T
HE ESTIMATED COSTS FOR THE DEPARTMENT OR EDUCATION ,14
PUBLIC SCHOOLS, DISTRICTS, AND THE STATE CHARTER SCHOOL INSTITUTE15
TO IMPLEMENT AND PERFORM THE NECESSARY REQUIREMENTS OF THE16
METHOD;17
(b)  T
HE ESTIMATED FINANCIAL IMPACT OF THE NEW METHOD ,18
COMPARED TO THE EXISTING SINGLE STUDENT ENROLLMENT COUNT DAY ,19
FOR THE DEPARTMENT OF EDUCATION , PUBLIC SCHOOLS, DISTRICTS, AND20
THE STATE CHARTER SCHOOL INSTITUTE ;21
(c)  T
HE ESTIMATED AMOUNT OF TIME NECESSARY TO BE ABLE TO22
ENSURE PROPER IMPLEMENTATION AND PERFORMANCE OF THE NECESSARY23
REQUIREMENTS OF THE METHOD ; AND24
(d)  A
N ANALYSIS OF THE MULTIPLE COUNT DAY METHODS USED BY25
OTHER STATES AND BEST PRACTICES USED BY THOSE STATES FOR26
IMPLEMENTATION.27
HB24-1448
-56- (4)  NO LATER THAN JUNE 30, 2025, THE THIRD-PARTY ENTITY1
SHALL SUBMIT ITS REPORT TO THE COMMISSIONER OF EDUCATION . NO2
LATER THAN JUNE 30, 2025, THE COMMISSIONER OF EDUCATION SHALL3
SUBMIT THE REPORT TO THE EDUCATION COMMITTEES OF THE HOUSE OF4
REPRESENTATIVES AND THE SENATE , OR ANY SUCCESSOR COMMITTEES ,5
AND TO THE GOVERNOR.6
(5)  T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2026.7
SECTION 9. In Colorado Revised Statutes, 22-41-102, amend8
(3)(h) introductory portion; and add (3)(i), (3)(j), (3)(k), and (4) as9
follows:10
22-41-102.  Fund inviolate. (3) (h)  For the 2022-23 state fiscal11
year and each state fiscal year thereafter
 THROUGH THE 2024-25 STATE12
FISCAL YEAR, interest or income earned on the investment of the money13
in the public school fund must be used or credited as follows:14
(i)  F
OR THE 2024-25 STATE FISCAL YEAR, INTEREST OR INCOME15
EARNED ON THE INVESTMENT OF THE MONEY IN THE PUBLIC SCHOOL FUND16
MUST BE USED OR CREDITED AS FOLLOWS :17
(I)  T
HE LESSER OF ALL INTEREST AND INCOME OR ELEVEN MILLION18
DOLLARS IS CREDITED TO THE STATE PUBLIC SCHOOL FUND CREATED IN19
SECTION 22-54-114 FOR DISTRIBUTION AS PROVIDED IN THAT SECTION;20
(II)  A
FTER THE INTEREST AND INCOME IS CREDITED PURSUANT TO21
SUBSECTION (3)(i)(I) OF THIS SECTION, THE LESSER OF ALL INTEREST AND22
INCOME OR ELEVEN MILLION DOLLARS OF INTEREST AND INCOME BECOMES23
PART OF THE PRINCIPAL OF THE PUBLIC SCHOOL FUND ; AND24
(III)  A
FTER THE INTEREST AND INCOME IS CREDITED PURSUANT TO25
SUBSECTIONS (3)(i)(I) AND (3)(i)(II) OF THIS SECTION, ALL INTEREST AND26
INCOME IS CREDITED TO THE RESTRICTED ACCOUNT OF THE PUBLIC SC HOOL27
HB24-1448
-57- CAPITAL CONSTRUCTION ASSISTANCE FUND CREATED IN SECTION1
22-43.7-104
 (5) FOR USE AS PROVIDED IN THAT SECTION.2
(j)  F
OR THE 2025-26 STATE FISCAL YEAR, INTEREST OR INCOME3
EARNED ON THE INVESTMENT OF THE MONEY IN THE PUBLIC SCHOOL FUND4
MUST BE USED OR CREDITED AS FOLLOWS :5
(I)  T
HE LESSER OF ALL INTEREST AND INCOME OR SIX MILLION6
DOLLARS IS CREDITED TO THE STATE PUBLIC SCHOOL FUND CREATED IN7
SECTION 22-54-114 FOR DISTRIBUTION AS PROVIDED IN THAT SECTION;8
(II)  A
FTER THE INTEREST AND INCOME IS CREDITED PURSUANT TO9
SUBSECTION (3)(j)(I) OF THIS SECTION, THE LESSER OF ALL INTEREST AND10
INCOME OR SIX MILLION DOLLARS OF INTEREST AND INCOME BECOMES11
PART OF THE PRINCIPAL OF THE PUBLIC SCHOOL FUND ; AND12
(III)  A
FTER THE INTEREST AND INCOME IS CREDITED PURSUANT TO13
SUBSECTIONS (3)(j)(I) AND (3)(j)(II) OF THIS SECTION, ALL INTEREST AND14
INCOME IS CREDITED TO THE RESTRICTED ACCOUNT OF THE PUBLIC SCHOOL15
CAPITAL CONSTRUCTION ASSISTANCE FUND CREATED IN SECTION16
22-43.7-104
 (5) FOR USE AS PROVIDED IN THAT SECTION.17
(k)  F
OR THE 2026-27 STATE FISCAL YEAR, AND EACH STATE FISCAL18
YEAR THEREAFTER, ALL INTEREST OR INCOME EARNED ON THE19
INVESTMENT OF THE MONEY IN THE PUBLIC SCHOOL FUND MUST BE USED20
OR CREDITED TO THE RESTRICTED ACCOUNT OF THE PUBLIC SCHOOL21
CAPITAL CONSTRUCTION ASSISTANCE FUND CREATED IN SECTION22
22-43.7-104
 (5) FOR USE AS PROVIDED IN THAT SECTION.23
(4)  P
URSUANT TO SECTION 36-1-145 (2)(c), THE STATE TREASURER24
SHALL MAKE AN ALLOCATION OF ANY MONEY REMAINING IN THE STATE25
LAND BOARD TRUST ADMINISTRATION FUND , CREATED IN SECTION26
36-1-145,
 FOR THE PURPOSE OF PAYING THE SERVICES OF THE INVESTMENT27
HB24-1448
-58- CONSULTANT HIRED BY THE PUBLIC SCHOOL FUND INVESTMENT BOARD1
PURSUANT TO SECTION 22-41-102.5 (5) AND TO PAY FOR THE2
REIMBURSEMENT FOR TRAVEL AND OTHER NECESSARY EXPENSES3
INCURRED BY THE MEMBERS OF THE PUBLIC SCHOOL F UND INVESTMENT4
BOARD PURSUANT TO SECTION 22-41-102.5 (2).5
SECTION 10. In Colorado Revised Statutes, 22-43.7-104,6
amend (2)(b) introductory portion, (2)(b)(I)(B), and (2)(d) as follows:7
22-43.7-104.  Public school capital construction assistance fund8
- creation - crediting of money to fund - use of fund - emergency9
reserve - creation - reserve account - creation and use. (2) (b)  For10
each fiscal year commencing on or after July 1, 2008, the following11
money shall MUST be credited to the assistance fund:12
(I) (B)  Except as otherwise provided in subsection (2)(b)(I)(C) of13
this section, if the state treasurer determines during any fiscal year that the14
use of interest or income earned on the deposit and investment of money15
in the public school fund to make payments under a financed purchase of16
an asset or certificate of participation agreement will prevent the interest17
component of the payments from qualifying for exemption from federal18
income taxation and provides written notice to the joint budget committee19
of the general assembly of the determination, for the portion of the fiscal20
year beginning on the date the written notice is provided to the joint21
budget committee and for each subsequent fiscal year, 
THROUGH THE22
2023-24
 FISCAL YEAR, the greater of fifty percent of the gross amount of23
public school lands income other than interest or income earned on the24
deposit and investment of money in the public school fund received25
during the fiscal year or forty million dollars; 
FOR THE 2024-25 FISCAL26
YEAR, THE GREATER OF AN AMOUNT EQUAL TO TEN MILLION DOLLARS27
HB24-1448
-59- PURSUANT TO SECTION 36-1-116 (1)(a)(II)(D), 	PLUS FIFTY PERCENT OF THE1
GROSS AMOUNT OF THE PUBLIC SCHOOL LANDS INCOME OTHER THAN2
INTEREST OR INCOME EARNED ON THE DEPOSIT AND INVESTMENT OF3
MONEY IN THE PUBLIC SCHOOL FUND RECEIVED DURING THE FISCAL YEAR ,4
OR FORTY MILLION DOLLARS ; FOR THE 2025-26 FISCAL YEAR, THE5
GREATER OF AN AMOUNT EQUAL TO FIFTEEN MILLION DOLLARS PURSUANT6
TO SECTION 36-1-116 (1)(a)(II)(E), PLUS FIFTY PERCENT OF THE GROSS7
AMOUNT OF THE PUBLIC SCHOOL LANDS INCOME OTHER T HAN INTEREST OR8
INCOME EARNED ON THE DEPOSIT AND INVESTMENT OF MONEY IN THE9
PUBLIC SCHOOL FUND RECEIVED DURING THE FISCAL YEAR , OR FORTY10
MILLION DOLLARS; AND FOR THE 2026-27 FISCAL YEAR, AND EACH FISCAL11
YEAR THEREAFTER, THE GREATER OF AN AMOUNT EQUAL TO TWENTY -ONE12
MILLION DOLLARS PURSUANT TO SECTION 36-1-116 (1)(a)(II)(F), PLUS13
FIFTY PERCENT OF THE GROSS AMOUNT OF THE PUBLIC SCHOOL LANDS14
INCOME OTHER THAN INTEREST OR INCOME EARNED ON THE DEPOSIT AND15
INVESTMENT OF MONEY IN THE PUBLIC SCHOOL FUND RECEIVED DURING16
THE FISCAL YEAR, OR FORTY MILLION DOLLARS. The money required to be17
credited to the assistance fund pursuant to this subsection (2)(b)(I)(B)18
may be taken from any single source or combination of sources of public19
school lands income other than interest or income earned on the deposit20
and investment of money in the public school fund.21
(d) (I)  For the state fiscal year commencing July 1, 2018, the state22
treasurer, as provided in section 39-28.8-305 (1)(a), shall credit to the23
assistance fund the greater of the first forty million dollars received and24
collected from the excise tax on retail marijuana imposed pursuant to part25
3 of article 28.8 of title 39 or ninety percent of the money received and26
collected from the tax. For the state fiscal year commencing July 1, 2019,27
HB24-1448
-60- and for each state fiscal year thereafter except for the state fiscal year1
commencing July 1, 2020, the state treasurer, as provided in section2
39-28.8-305 (1)(a), shall annually credit to the assistance fund all of the3
money received and collected from the excise tax on retail marijuana4
imposed pursuant to part 3 of article 28.8 of title 39. For the state fiscal5
year commencing July 1, 2020, the state treasurer, as provided in section6
39-28.8-305 (1)(a), shall credit to the assistance fund the lesser of the first7
forty million dollars received and collected from the excise tax on retail8
marijuana imposed pursuant to part 3 of article 28.8 of title 39 or all of9
the money received and collected from the tax. For state fiscal years10
commencing before July 1, 2019, the state treasurer shall credit twelve11
and five-tenths percent of the amount annually credited pursuant to this12
subsection (2)(d) to the charter school facilities assistance account, which13
account is created within the assistance fund. For each state fiscal year14
commencing on or after July 1, 2019, the state treasurer shall credit to the15
charter school facilities assistance account a percentage of the amount16
credited pursuant to this subsection (2)(d) that is equal to the percentage17
of pupil enrollment, as defined in section 22-54-103 (10), statewide18
represented by pupils who were enrolled in charter schools for the prior19
school year. The department of education shall notify the state treasurer20
of the applicable percentage no later than June 1 of the immediately21
preceding fiscal year.22
(II)  I
N ADDITION TO THE CREDIT MADE TO THE CHARTER SCHOOL23
FACILITIES ASSISTANCE ACCOUNT PURSUANT TO SUBSECTION (2)(d)(I) OF24
THIS SECTION, THE STATE TREASURER SHALL CREDIT THE FOLLOWING25
AMOUNTS TO THE CHARTER SCHOOL FACILITIES ASSISTANCE ACCOUNT26
FROM THE PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE FUND :27
HB24-1448
-61- (A)  FOR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 2024,1
ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ;2
(B)  F
OR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 2025,3
TWELVE MILLION DOLLARS;4
(C)  F
OR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 2026,5
THIRTEEN MILLION DOLLARS;6
(D)  F
OR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 2027,7
FOURTEEN MILLION DOLLARS; AND8
(E)  F
OR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 2028,9
AND FOR EACH STATE FISCAL YEAR THEREAFTER , FIFTEEN MILLION10
DOLLARS.11
SECTION 11. In Colorado Revised Statutes, 22-43.7-110,12
amend (2)(a)(VII) and (2)(a)(VIII); and add (2)(a)(IX) as follows:13
22-43.7-110.  Financial assistance - grants - financed purchase14
of an asset agreements. (2)  Subject to the following requirements and15
limitations, the board may also instruct the state treasurer to enter into16
financed purchase of an asset or certificate of participation agreements on17
behalf of the state to provide financial assistance to applicants by18
financing public school facility capital construction projects for which the19
state board has recommended and the capital development committee has20
authorized the provision of financial assistance that involves a financed21
purchase of an asset or certificate of participation agreement pursuant to22
section 22-43.7-109 (7):23
(a)  Subject to the limitation specified in subsection (2)(b) of this24
section, the maximum total amount of annual payments payable by the25
state during any fiscal year under the terms of all outstanding financed26
purchase of an asset or certificate of participation agreements entered into27
HB24-1448
-62- by the state treasurer as instructed by the board pursuant to this subsection1
(2) is:2
(VII)  One hundred five million dollars for the 2019-20 fiscal year;3
and4
(VIII)  One hundred twenty-five million dollars for the 2020-215
fiscal year and for each fiscal year thereafter 
THROUGH THE 2023-246
FISCAL YEAR; AND7
(IX)  O
NE HUNDRED FIFTY MILLION DOLLARS FOR THE 2024-258
FISCAL YEAR AND FOR EACH FISCAL YEAR THEREAFTER .9
SECTION 12. In Colorado Revised Statutes, 36-1-116, amend10
(1)(a)(II)(A); and add (1)(a)(II)(D), (1)(a)(II)(E), and (1)(a)(II)(F) as11
follows:12
36-1-116.  Disposition of rentals, royalties, and timber sale13
proceeds. (1) (a) (II) (A)  Except as provided in subsections (1)(a)(II)(B)
14
and (1)(a)(II)(C) SUBSECTIONS (1)(a)(II)(B), (1)(a)(II)(C), (1)(a)(II)(D),15
(1)(a)(II)(E), 
AND (1)(a)(II)(F) of this section, for the 2010-11 state fiscal16
year and each state fiscal year thereafter, the proceeds received by the17
state for the sale of timber on public school lands, lease payments and18
rental payments for said lands, rental payments for the use and occupation19
of the surface of said lands, and rentals or lease payments for sand,20
gravel, clay, stone, coal, oil, gas, geothermal resources, gold, silver, or21
other minerals on said lands other than proceeds, rentals, and payments22
allocated to the state land board trust administration fund pursuant to23
section 36-1-145 (3) or credited to the public school capital construction24
assistance fund created in section 22-43.7-104 (1), pursuant to section25
22-43.7-104 (2)(b)(I), shall be credited to the permanent school fund and26
shall become part of the principal of the permanent school fund.27
HB24-1448
-63- (D)  FOR THE 2024-25 STATE FISCAL YEAR, BEFORE CREDITING1
PROCEEDS RECEIVED BY THE STATE TO THE PERMANENT SCHOOL FUND2
PURSUANT TO SUBSECTION (1)(a)(II)(A) OF THIS SECTION, THE LESSER OF3
ALL SUCH PROCEEDS OR TEN MILLION DOLLARS OF SUCH PROCEEDS MUST4
BE CREDITED TO THE PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE5
FUND CREATED IN SECTION 22-43.7-104 (1).6
(E)  F
OR THE 2025-26 STATE FISCAL YEAR, BEFORE CREDITING7
PROCEEDS RECEIVED BY THE STATE TO THE PERMANENT SCHOOL FUND8
PURSUANT TO SUBSECTION (1)(a)(II)(A) OF THIS SECTION, THE LESSER OF9
ALL SUCH PROCEEDS OR FIFTEEN MILLION DOLLARS OF SUCH PROCEEDS10
MUST BE CREDITED TO THE PUBLIC SCHOOL CAPITAL CONSTRUCTION11
ASSISTANCE FUND CREATED IN SECTION 22-43.7-104 (1).12
(F)  F
OR THE 2026-27 STATE FISCAL YEAR, AND EACH STATE FISCAL13
YEAR THEREAFTER, BEFORE CREDITING PROCEEDS RECEIVED BY THE STATE14
TO THE PERMANENT SCHOOL FUND PURSUANT TO SUBSECTION (1)(a)(II)(A)15
OF THIS SECTION, THE LESSER OF ALL SUCH PROCEEDS OR TWENTY -ONE16
MILLION DOLLARS OF SUCH PROCEEDS MUST BE CREDITED TO THE PUBLIC17
SCHOOL CAPITAL CONSTRUCTION ASSISTANCE FUND CREATED IN SECTION18
22-43.7-104
 (1).19
SECTION 13. In Colorado Revised Statutes, 36-1-145, amend20
(2)(c) as follows:21
36-1-145.  Land commissioners' receipts - appropriation.22
(2) (c)  Any moneys
 MONEY remaining in the state land board trust23
administration fund at the end of the state fiscal year shall be allocated to24
the trust funds under the control of the state board of land commissioners25
in an amount equal to the proportion of such moneys that would have26
been paid into such trust funds but for their allocation to the state land27
HB24-1448
-64- board trust administration fund; except that moneys in the financial1
warranty account of the fund created in paragraph (e) of this subsection2
(2) shall remain in the account until spent SHALL BE:3
(I)  A
PPROPRIATED BY THE GENERAL ASSEMBLY TO THE STATE4
TREASURER IN AN AMOUNT NECESSARY TO ALLOW THE STATE TREASURER5
TO MAKE THE ALLOCATION REQUIRED BY SECTION 22-41-102 (4) TO PAY6
FOR THE SERVICES OF THE INVESTMENT CONSULTANT HIRED BY THE7
PUBLIC SCHOOL FUND INVESTMENT BOARD PURSUANT TO SECTION8
22-41-102.5
 (5) AND TO PAY FOR THE REIMBURSEMENT FOR TRAVEL AND9
OTHER NECESSARY EXPENSES INCURRED BY THE MEMBERS OF THE PUBLIC10
SCHOOL FUND INVESTMENT BOARD PURS UANT TO SECTION 	22-41-102.511
(2);
 AND12
(II)  A
FTER THE APPROPRIATION MADE PURSUANT TO SUBSECTION13
(2)(c)(I) 
OF THIS SECTION, ANY MONEY REMAINING IN THE STATE LAND14
BOARD TRUST ADMINISTRATION FUND AT THE END OF THE STATE FISCAL15
YEAR MUST BE ALLOCATED TO THE TRUST FUNDS UNDER THE CONTROL OF16
THE STATE BOARD OF LAND COMMISSIONERS IN AN AMOUNT EQUAL TO THE17
PROPORTION OF THE MONEY THAT WOULD HAVE BEEN PAID INTO THE18
TRUST FUNDS BUT FOR THEIR ALLOCATION TO THE STATE LAND BOARD19
TRUST ADMINISTRATION FUND ; EXCEPT THAT MONEY IN THE FINANCIAL20
WARRANTY ACCOUNT OF THE FUND CREATED IN SUBSECTION (2)(e) OF21
THIS SECTION MUST REMAIN IN THE ACCOUNT UNTIL SPENT .22
SECTION 14. In Colorado Revised Statutes, repeal 22-54-104.1.23
SECTION 15. In Colorado Revised Statutes, 22-54-104.2,24
amend (1); and repeal (2) as follows:25
22-54-104.2.  Legislative declaration. (1)  The general assembly26
hereby finds and declares that, for purposes of section 17 of article IX of27
HB24-1448
-65- the state constitution, the expansion of the definition of "at-risk pupils",1
as defined in section 22-54-103 (1.5)(a)(V), to include district pupils who2
are English language learners, as defined in section 22-54-1033
(1.5)(b)(IV), the increase in the at-risk factor pursuant to section4
22-54-104 (5)(f)(II) for districts whose percentage of at-risk pupils is5
greater than the statewide average percentage of at-risk pupils and whose6
funded pupil count is greater than fifty thousand, the requirement that7
districts that receive at-risk funding spend a portion of their at-risk8
funding on implementation of the district's English language proficiency9
program pursuant to section 22-54-105 (3)(b)(I) and the increase in the10
at-risk factor from 11.2% to 12% for the 2005-06 budget year and each11
budget year thereafter pursuant to section 22-54-104 (2)(b)(II)(A)12
(2)(b)(II) and (5)(f) are important elements of accountable programs to13
meet state academic standards and may therefore receive funding from14
the state education fund created in section 17 (4) of article IX of the state15
constitution.16
(2)  The general assembly further finds and declares that, for17
purposes of section 17 of article IX of the state constitution, the18
enactment of the definition of "at-risk funded pupil count", as defined in19
section 22-54-103 (1), to allow up to three-year averaging of the number20
of at-risk pupils, is an important element of accountable education reform21
and may therefore receive funding from the state education fund created22
in section 17 (4) of article IX of the state constitution.23
SECTION 16. In Colorado Revised Statutes, 22-54-104.3,24
amend (2.7)(a), (2.7)(d)(I) introductory portion, and (2)(d)(I)(A); and25
repeal (3) and (5) as follows:26
22-54-104.3.  Total program for budget years - special27
HB24-1448
-66- provisions. (2.7) (a)  For the 1997-98 budget year and budget years1
thereafter, Notwithstanding the provisions of section 22-54-104 (2) and2
(6) THIS ARTICLE 54, a district's total program for the applicable budget3
year shall MUST not exceed the district's total program for the prior budget4
year multiplied by 100% ONE HUNDRED PERCENT plus the district's5
maximum annual percentage change in the applicable fiscal year6
spending.7
(d) (I)  For the 1998-99 budget year and budget years thereafter,8
If a district's total program is calculated pursuant to paragraph (a) of this9
subsection (2.7) SUBSECTION (2.7)(a) OF THIS SECTION and the district is10
capable of receiving an increase in its total program within the limitations11
on its fiscal year spending for the applicable budget year under section 2012
of article X of the state constitution, the district may certify to the13
department that it may receive an additional increase in its total program14
for the applicable budget year in an amount equal to the lesser of:15
(A)  The difference between the district's total program for the16
applicable budget year calculated pursuant to paragraph (a) of this17
subsection (2.7) SUBSECTION (2.7)(a) OF THIS SECTION and the district's18
total program for the applicable budget year calculated DETERMINED19
pursuant to section 22-54-104 (2) or (6) THIS ARTICLE 54; or20
(3)  Notwithstanding the provisions of section 22-54-104 (2), for21
the 1994-95 budget year, if a district's 1994-95 total formula per pupil22
funding is less than the district's 1993-94 total per pupil funding, the total23
program for such district shall be calculated in accordance with the24
following formula:25
(a)  If the district's 1994-95 funded pupil count is equal to or less26
than the district's 1993-94 funded pupil count, the formula shall be:27
HB24-1448
-67- District 1993-94 funded pupil count x District 1993-94 total per1
pupil funding.2
(b)  If the district's 1994-95 funded pupil count is greater than the3
district's 1993-94 funded pupil count, the formula shall be:4
District 1993-94 total funding + ((District 1994-95 funded pupil5
count - District 1993-94 funded pupil count) x District 1994-956
total formula per pupil funding).7
(5)  For purposes of subsection (3) of this section and section8
22-54-104 (6):9
(a) to (d)  Repealed.10
(e)  A district's "prior year total per pupil funding" means the11
amount which results from dividing the district's prior year total program12
by the district's prior year funded pupil count.13
(f)  A district's "total formula per pupil funding" means the total14
program for a district for the applicable budget year, as calculated15
pursuant to section 22-54-104 (2), divided by the district's funded pupil16
count for the applicable budget year.17
(g)  (Deleted by amendment, L. 95, p. 613, § 15, effective May 22,18
1995.)19
SECTION 17. In Colorado Revised Statutes, 22-54-105, amend20
(3)(a); and repeal (3)(b) as follows:21
22-54-105.  Instructional supplies and materials - capital22
reserve and insurance reserve - at-risk funding - preschool funding.23
(3) (a)  For the 1997-98 budget year and budget years thereafter, Every24
district that receives at-risk funding pursuant to the provisions of section25
22-54-104 THIS ARTICLE 54 shall expend in total at least seventy-five26
percent of the district's at-risk funding on direct instruction or staff27
HB24-1448
-68- development, or both, for the educational program of at-risk pupils in the1
district.2
(b) (I)  Notwithstanding the provisions of paragraph (a) of this3
subsection (3), for the 2001-02 budget year and budget years thereafter,4
any district that receives at-risk funding pursuant to section 22-54-1045
and qualifies for a higher at-risk factor as provided in section 22-54-1046
(5)(f)(II) shall expend an amount calculated pursuant to subparagraph (II)7
of this paragraph (b) on implementation of the district's English language8
proficiency program as provided in article 24 of this title. It is the intent9
of the general assembly that each school district expend said amount on10
English language proficiency programs that are either taught in English11
or that are designed to move students as quickly as possible into programs12
taught in English. The district shall expend at least seventy-five percent13
of the remaining amount of at-risk funding received on direct instruction14
or staff development, or both, for the educational program of at-risk15
pupils in the district.16
(II)  The amount of at-risk funding expended pursuant to17
subparagraph (I) of this paragraph (b) shall be equal to the difference18
between the amount of at-risk funding generated by an increase in the19
at-risk factor of 0.36 of a percentage point versus an increase of 0.34 of20
a percentage point for each percentage point that the district percentage21
of at-risk pupils exceeds the statewide average percentage of at-risk22
pupils.23
SECTION 18. In Colorado Revised Statutes, 22-54-106, amend24
(2.1)(c)(I) and (2.1)(e)(II); and repeal (2) as follows:25
22-54-106.  Local and state shares of district total program -26
legislative declaration - definition - repeal. (2) (a)  Except as provided27
HB24-1448
-69- in subsection (2)(c) of this section for reorganized districts, for the 20071
property tax year and property tax years thereafter through the 20192
property tax year, each district shall levy the lesser of:3
(I)  The number of mills levied by the district for the immediately4
preceding property tax year;5
(II) (A)  Subject to the provisions of sub-subparagraph (B) of this6
subparagraph (II), the number of mills that will generate property tax7
revenue in an amount equal to the district's total program for the8
applicable budget year minus the amount of specific ownership tax9
revenue paid to the district.10
(B)  Regardless of the applicability of section 22-54-104 (5)(g), for11
the purposes of this subparagraph (II), a district's total program shall be12
the amount calculated pursuant to section 22-54-104 (2).13
(III)  For a district that has not obtained voter approval to retain14
and spend revenues in excess of the property tax revenue limitation15
imposed on the district by section 20 of article X of the state constitution,16
the number of mills that may be levied by the district under the property17
tax revenue limitation imposed on the district by section 20 of article X18
of the state constitution. In the calculation of local growth for purposes19
of determining the property tax revenue limitation imposed on a district20
under this subparagraph (III), a district's student enrollment shall be the21
district's funded pupil count.22
(IV)  Repealed.23
(V)  Twenty-seven mills.24
(b) (I) (A)  If a district's total program for the 1994-95 budget year25
was calculated pursuant to section 22-54-104.3, for the 1995 property tax26
year, the levy calculated pursuant to paragraph (a) of this subsection (2)27
HB24-1448
-70- shall be reduced by the number of mills required to generate the1
difference between the district's total program for the 1994-95 budget2
year, as calculated pursuant to section 22-54-104.3 (3), and the district's3
total program for the 1994-95 budget year, as calculated pursuant to4
section 22-54-104 (2). The amount by which property tax revenue is5
reduced pursuant to this paragraph (b) shall be counted toward the6
limitation on additional local revenues as provided in section 22-54-1087
(3).8
(B)  Notwithstanding the provisions of sub-subparagraph (A) of9
this subparagraph (I), if the mill levy was calculated pursuant to10
subparagraph (II) of paragraph (a) of this subsection (2), the difference11
between the district's total program for the 1994-95 budget year, as12
calculated pursuant to section 22-54-104.3 (3), and the district's total13
program for the 1994-95 budget year, as calculated pursuant to section14
22-54-104 (2), shall be added to the total program as calculated pursuant15
to section 22-54-104 (2) to calculate the levy pursuant to this16
subparagraph (I).17
(II)  If after calculating the mill levy pursuant to subparagraph (I)18
of this paragraph (b) the district's levy exceeds 41.75 mills, the district19
shall levy 41.75 mills.20
(III)  For the 1995-96 budget year, if the amount of property tax21
generated for the 1994-95 budget year by the number of mills by which22
the mills levied by the district for the 1994-95 budget year exceeded23
40.080 mills was equal to or exceeded the difference between the24
district's total program for the 1994-95 budget year, as calculated25
pursuant to section 22-54-104.3 (3), and the district's total program for the26
1994-95 budget year, as calculated pursuant to section 22-54-104 (2), the27
HB24-1448
-71- district may levy the difference between the levy pursuant to1
subparagraph (I) and subparagraph (II) of this paragraph (b). For the2
1996-97 budget year and budget years thereafter, the district may continue3
to impose a mill levy that will generate the amount of revenue produced4
by the calculation described in this subparagraph (III) for the 1995-965
budget year. The amount of property tax generated pursuant to this6
subparagraph (III) shall be counted toward the limitation on additional7
local revenues as provided in section 22-54-108 (3)(f).8
(c) (I)  Notwithstanding any other provision of this subsection (2),9
if there is a reorganization pursuant to article 30 of this title, except for a10
detachment and annexation, and if such reorganization involves districts11
with differing mill levies, then in its first year of operation, the new12
district shall levy a number of mills that is based on the total property13
taxes collected in the preceding year from property included within the14
new district divided by the total valuation for assessment in the preceding15
year of property located within the new district but in no event more than16
41.75 mills. This paragraph (c) shall not apply to any new district whose17
levy would otherwise be calculated pursuant to subparagraph (II) of18
paragraph (a) of this subsection (2).19
(II)  If there is a detachment and annexation pursuant to article 3020
of this title and if such detachment and annexation involves districts with21
differing mill levies, then in the first year after the detachment and22
annexation, the annexing district shall calculate its levy pursuant to23
paragraph (a) of this subsection (2).24
(2.1) (c)  For the 2021 property tax year and each property tax year25
thereafter, except as otherwise provided in subsection (2.1)(e) of this26
section for reorganized districts, each district shall levy the lesser of:27
HB24-1448
-72- (I)  The number of mills that will generate property tax revenue in1
an amount equal to the district's total program for the applicable budget2
year minus the amount of specific ownership tax revenue paid to the3
district. Regardless of the applicability of section 22-54-104 (5)(g), for4
the purposes of this subsection (2.1)(c)(I), a district's total program is the5
amount calculated pursuant to section 22-54-104 (2).6
(e)  Notwithstanding any other provision of this subsection (2.1)7
to the contrary, for the 2020 property tax year and each property tax year8
thereafter, if there is a reorganization pursuant to article 30 of this title 229
that results in the creation of a new district, then in the first year of10
operation the new district shall levy the lesser of:11
(II)  The number of mills that will generate property tax revenue12
in an amount equal to the district's total program for the first year of13
operation minus the amount of specific ownership tax revenue paid to the14
district. Regardless of the applicability of section 22-54-104 (5)(g), for15
the purposes of this subsection (2.1)(e)(II), the district's total program is16
the amount calculated pursuant to section 22-54-104 (2).17
SECTION 19. In Colorado Revised Statutes, 22-54-107.9,18
amend (3)(b)(II); and repeal (1)(l) as follows:19
22-54-107.9.  Override mill levy match - calculation -20
distribution - fund created - definitions. (1)  As used in this section,21
unless the context otherwise requires:22
(l)  "Total program" means the amount of total program funding23
for a district calculated pursuant to section 22-54-104 (2) before24
application of the budget stabilization factor.25
(3) (b)  If more than ten percent of a district's funded pupil count26
for the applicable budget year is attributable to the district's online pupil27
HB24-1448
-73- enrollment, the department shall calculate the district's adjusted total1
program as follows:2
(II)  The department shall subtract from the district's total program3
for the applicable budget year an amount equal to the district's reduced4
online pupil enrollment, calculated pursuant to subsection (3)(b)(I) of this5
section, multiplied by the per pupil online funding amount for the6
applicable budget year as described in section 22-54-104 (4.5)(c)(II)7
before application of the budget stabilization factor THIS ARTICLE 54.8
SECTION 20. In Colorado Revised Statutes, 22-54-108, amend9
(1), (2), (3)(a), (3)(b)(I), (3)(b)(II), (3)(b)(III), (3)(b)(IV)(A),10
(3)(b)(IV)(B), and (5)(b) as follows:11
22-54-108.  Authorization of additional local revenues -12
definitions. (1)  Effective July 1, 1994, a district which desires to raise13
and expend local property tax revenues in excess of the district's total14
program as determined in accordance with section 22-54-104 may submit15
the question of whether the district should be authorized to raise and16
expend additional local property tax revenues, subject to the limitations17
of subsection (3) of this section, thereby authorizing an additional levy in18
excess of the levy authorized under section 22-54-106 for the district's19
general fund for the then current budget year and each budget year20
thereafter. The question authorized by this subsection (1) shall MUST be21
submitted at an election held in accordance with section 20 of article X22
of the state constitution and title 1. C.R.S.23
(2)  Effective July 1, 1994, upon proper submittal to a district of24
a valid initiative petition, the district shall submit to the eligible electors25
of the district the question of whether the district should be authorized to26
raise and expend additional local property tax revenues in excess of the27
HB24-1448
-74- district's total program, as determined in accordance with section1
22-54-104, subject to the limitations of subsection (3) of this section,2
thereby authorizing an additional levy in excess of the levy authorized3
under section 22-54-106 for the district's general fund for the then current4
budget year and each budget year thereafter. The question authorized by5
this subsection (2) shall MUST be submitted at an election held in6
accordance with section 20 of article X of the state constitution and title7
1. C.R.S. An initiative petition under this subsection (2) shall MUST be8
signed by at least five percent of the eligible electors in the district at the9
time the petition is filed.10
(3) (a)  Notwithstanding the provisions of section 20 of article X11
of the state constitution which allow districts to seek voter approval for12
spending and revenue increases, the provisions of this subsection (3) shall13
limit LIMITS a district's authority to raise and expend local property tax14
revenues in excess of the district's total program. as determined in15
accordance with section 22-54-104.16
(b) (I)  Except as otherwise provided in subsections (3)(b)(II),17
(3)(b)(III), (3)(b)(IV), and (3)(b)(V) of this section, the total additional18
local property tax revenues that may be received pursuant to elections19
held pursuant to this section must not exceed under any circumstances20
twenty percent of the district's total program as determined pursuant to21
section 22-54-104 (2) or two hundred thousand dollars, whichever is22
greater.23
(II) (A)  Effective July 1, 2002, and subject to the provisions of24
sub-subparagraph (B) of this subparagraph (II), the total additional local25
property tax revenues that may be received pursuant to elections held26
pursuant to this section shall MUST not exceed under any circumstances27
HB24-1448
-75- twenty percent of the district's total program as determined pursuant to1
section 22-54-104 (2) or two hundred thousand dollars, whichever is2
greater, plus an amount equal to the maximum dollar amount of property3
tax revenue that the district could have generated for the 2001-02 budget4
year if, in accordance with the provisions of section 22-54-107.5, the5
district submitted a question to and received approval of the eligible6
electors of the district at an election held in November 2001.7
(B)  Regardless of the applicability of section 22-54-104 (5)(g), for8
the purposes of this subparagraph (II), a district's total program shall be9
the amount calculated pursuant to section 22-54-104 (2).10
(III) (A)  On and after May 21, 2009, and subject to the provisions11
of sub-subparagraph (B) of this subparagraph (III), the total additional12
local property tax revenues that may be received pursuant to an election13
held pursuant to this section shall MUST not exceed under any14
circumstances twenty-five percent of the district's total program as15
determined pursuant to section 22-54-104 (2) or two hundred thousand16
dollars, whichever is greater, plus an amount equal to the maximum dollar17
amount of property tax revenue that the district could have generated for18
the 2001-02 budget year if, in accordance with the provisions of section19
22-54-107.5, the district submitted a question to and received approval of20
the eligible electors of the district at an election held in November 2001.21
(B)  Regardless of the applicability of section 22-54-104 (5)(g), for22
purposes of this subparagraph (III), a district's total program shall be the23
amount calculated pursuant to section 22-54-104 (2).24
(IV) (A)  On and after May 22, 2015, and subject to the provisions25
of sub-subparagraph (B) of this subparagraph (IV), the total additional26
local property tax revenues that a small rural district may receive pursuant27
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-76- to an election held pursuant to this section shall MUST not exceed under1
any circumstances thirty percent of the small rural district's total program2
as determined pursuant to section 22-54-104 (2) or two hundred thousand3
dollars, whichever is greater, plus an amount equal to the maximum dollar4
amount of property tax revenue that the small rural district could have5
generated for the 2001-02 budget year if, in accordance with the6
provisions of section 22-54-107.5, the small rural district submitted a7
question to and received approval of the eligible electors of the district at8
an election held in November 2001.9
(B)  Regardless of the applicability of section 22-54-104 (5)(g), for10
purposes of this subparagraph (IV), a small rural district's total program11
is the amount calculated pursuant to section 22-54-104 (2).12
(5)  As used in this section, unless the context otherwise requires:13
(b)  "Total program", on and after July 1, 2023, means a district's14
or small rural district's total program calculated pursuant to section15
22-54-104 (2), before application of the budget stabilization factor16
pursuant to section 22-54-104 (5)(g) plus the amount the district or small17
rural district receives for students enrolled through the Colorado universal18
preschool program pursuant to part 2 of article 4 of title 26.5.19
SECTION 21. In Colorado Revised Statutes, 22-54-108.5,20
amend (1)(a), (1)(b), and (1)(e) as follows:21
22-54-108.5.  Authorization of additional local revenues for22
full-day kindergarten - definitions. (1) (a)  Notwithstanding any law to23
the contrary, effective July 1, 2007, any district that chooses to raise and24
expend local property tax revenues in excess of the district's total25
program, as determined in accordance with section 22-54-104, and in26
addition to any property tax revenues levied pursuant to sections27
HB24-1448
-77- 22-54-107 and 22-54-108, may submit the question of whether the district1
should be authorized to raise and expend additional local property tax2
revenues, thereby authorizing an additional levy in excess of the levy3
authorized under sections 22-54-106, 22-54-107, and 22-54-108, to4
provide funding for excess full-day kindergarten program costs in the5
district for the then-current budget year and each budget year thereafter.6
The question authorized by this paragraph (a) SUBSECTION (1)(a) may also7
include a question of whether to impose an additional mill levy of a stated8
amount and limited duration to meet the initial capital construction needs9
of the district associated with the establishment of a full-day kindergarten10
program. If a mill levy for capital construction needs associated with the11
district's full-day kindergarten program is approved for more than one12
year, the board of education of the district may, without calling an13
election, decrease the amount or duration of the mill levy in subsequent14
years. The questions authorized by this paragraph (a) shall SUBSECTION15
(1)(a) 
MUST be submitted at an election held in accordance with section16
20 of article X of the state constitution and title 1. C.R.S.
17
(b)  Notwithstanding any law to the contrary, effective July 1,18
2007, upon proper submittal to a district of a valid initiative petition, the19
district shall submit to the eligible electors of the district the question of20
whether the district should be authorized to raise and expend additional21
local property tax revenues in excess of the district's total program, as22
determined in accordance with section 22-54-104 and in addition to any23
property tax revenues levied pursuant to sections 22-54-107 and24
22-54-108, thereby authorizing an additional levy in excess of the levy25
authorized under sections 22-54-106, 22-54-107, and 22-54-108, to26
provide funding for excess full-day kindergarten program costs in the27
HB24-1448
-78- district for the then-current budget year and each budget year thereafter.1
The question authorized by this paragraph (b) SUBSECTION (1)(b) may2
also include a question of whether to impose an additional mill levy of a3
stated amount and limited duration to meet the initial capital construction4
needs of the district associated with the establishment of a full-day5
kindergarten program. If a mill levy for capital construction needs6
associated with the district's full-day kindergarten program is approved7
for more than one year, the board of education of the district may, without8
calling an election, decrease the amount or duration of the mill levy in9
subsequent years. The questions authorized by this paragraph (b) shall10
SUBSECTION (1)(b) MUST be submitted at an election held in accordance11
with section 20 of article X of the state constitution and title 1. C.R.S. An12
initiative petition under this paragraph (b) shall SUBSECTION (1)(b) MUST13
be signed by at least five percent of the eligible electors in the district at14
the time the petition is filed.15
(e)  Notwithstanding the provisions of section 20 of article X of16
the state constitution that allow districts to seek voter approval for17
spending and revenue increases, the provisions of this subsection (1) shall18
limit a district's authority to raise and expend local property tax revenues19
in excess of the district's total program. as determined in accordance with20
section 22-54-104.21
SECTION 22. In Colorado Revised Statutes, 22-54-108.7,22
amend (1)(a) as follows:23
22-54-108.7.  Authorization of additional local revenues for24
cash funding of capital construction, new technology, existing25
technology upgrade, and maintenance needs - definition.26
(1) (a)  Notwithstanding any law to the contrary, any district that chooses27
HB24-1448
-79- to raise and expend local property tax revenue in excess of the district's1
total program, as determined in accordance with section 22-54-104, and2
in addition to any revenue generated by property tax levied pursuant to3
sections 22-54-106, 22-54-107, 22-54-107.5, 22-54-108, and4
22-54-108.5, may submit the question of whether the district should be5
authorized to raise and expend additional local property tax revenue,6
thereby authorizing an additional levy in excess of the levy authorized7
under sections 22-54-106, 22-54-107, and 22-54-108, to provide ongoing8
cash funding for the capital construction, new technology, existing9
technology upgrade, and maintenance needs of the district. A question10
authorized by this paragraph (a) SUBSECTION (1)(a) must be submitted at11
an election held in accordance with section 20 of article X of the state12
constitution and title 1. C.R.S.13
SECTION 23. In Colorado Revised Statutes, 22-54-122, amend14
(2) as follows:15
22-54-122.  Small attendance center aid. (2) (a)  A district16
meeting the eligibility requirements of subsection (1) of this section shall17
be IS eligible to receive aid for each small attendance center as calculated18
by: Multiplying the pupil enrollment of the small attendance center by an19
amount equal to thirty-five percent of the difference between the district20
per pupil funding as calculated pursuant to section 22-54-104, and the21
district per pupil funding, as calculated pursuant to section 22-54-10422
except using the size factor calculated using the funded pupil count of the23
small attendance center; and then multiplying such THE amount by the24
percentage determined by dividing the difference between two hundred25
and the funded pupil count of the small attendance center by two hundred.26
(b)  An institute charter school meeting the eligibility requirements27
HB24-1448
-80- of subsection (1.5) of this section shall be IS eligible to receive aid as a1
small attendance center as calculated by: Multiplying the pupil enrollment2
of the institute charter school by an amount equal to thirty-five percent of3
the difference between the district per pupil funding of the institute4
charter school's accounting district as calculated pursuant to section5
22-54-104 and such THE district per pupil funding, as calculated pursuant6
to section 22-54-104, except using the size factor calculated using the7
pupil enrollment of the institute charter school, and then multiplying such8
amount by the percentage determined by dividing the difference between9
two hundred and the pupil enrollment of the institute charter school by10
two hundred.11
SECTION 24. In Colorado Revised Statutes, 22-54-129, amend12
(1)(g) as follows:13
22-54-129.  Facility school funding - legislative declaration -14
definitions. (1)  As used in this section, unless the context otherwise15
requires:16
(g)  "Statewide base per pupil funding" means the amount annually17
specified in section 22-54-104 (5)(a) THIS ARTICLE 54.18
SECTION 25. In Colorado Revised Statutes, 19-1-115.5, amend19
(1)(a)(I) as follows:20
19-1-115.5.  Placement of children out of home - legislative21
declaration. (1) (a) (I)  The general assembly hereby finds that the22
number of children in out-of-home placement has increased significantly.23
The general assembly further finds that the facility in which a child is24
placed out of home is often not located in the same school district as the25
child's school district of residence. Nevertheless, the general assembly26
finds that, under the provisions of PURSUANT TO the "Public School27
HB24-1448
-81- Finance Act of 1994 2025", article 54 of title 22, C.R.S. children in foster1
home placement are considered residents of the school district in which2
the foster home is located. Accordingly, the school district in which the3
child is placed must accommodate the child and provide the child with the4
necessary educational services that serve the child's best interests while5
absorbing the costs associated with such services within the constraints6
of the school district's existing budget. The general assembly finds that in7
many circumstances it is not possible to meet the best interests of the8
child in out-of-home placement and the needs of other children enrolled9
in the school district within the confines of the district's budget.10
SECTION 26. In Colorado Revised Statutes, 22-1-122, amend11
(6)(b) as follows:12
22-1-122.  Transportation token program - legislative13
declaration - eligibility - fund. (6) (b)  So long as IF an eligible student14
is enrolled before the pupil enrollment count day, the parent or legal15
guardian of an eligible student may choose to enroll the eligible student16
in and transport the eligible student to a public school in another school17
district that has available space. Such THE school district shall enroll the18
eligible student and include the eligible student in the district's pupil19
enrollment for purposes of the "Public School Finance Act of 1994 2025".20
SECTION 27. In Colorado Revised Statutes, 22-2-117, amend21
(1)(b)(I) and (1)(d) as follows:22
22-2-117.  Additional power - state board - waiver of23
requirements - rules. (1) (b)  The state board shall not waive any of the24
requirements specified in any of the following statutory provisions:25
(I)  The "Public School Finance Act of 1994 2025", article 54 of26
this title TITLE 22;27
HB24-1448
-82- (d)  In addition to any requirements for a waiver application that1
are specified in this subsection (1), any application submitted by a school2
district that has a funded pupil count, as defined in section 22-54-103 (7)3
DETERMINED PURSUANT TO ARTICLE 54 OF THIS TITLE 22, of three4
thousand or more pupils shall demonstrate that such THE application has5
the consent of a majority of the appropriate accountability committee, a6
majority of the affected licensed administrators, and a majority of the7
teachers of the affected school or district.8
SECTION 28. In Colorado Revised Statutes, 22-30-105, amend9
(1) introductory portion and (1)(b) as follows:10
22-30-105.  Activation of the school district organization11
planning process. (1)  The appointment of a school organization12
planning committee charged to study school district organization shall13
MUST occur when the commissioner is notified that any of the following14
conditions exist:15
(b)  A petition committee, as defined in section 22-30-103 (10),16
presents a petition to the commissioner and to the county clerk and17
recorder of each county in which the headquarters of a school district that18
will be affected by the actions of a planning committee are located19
requesting the appointment of a school organization planning committee.20
Such THE petition shall MUST contain a statement indicating the school21
districts to be involved. If only one school district is involved, the petition22
shall MUST be signed by fifteen percent of that school district's eligible23
electors. If multiple school districts are involved, the petition shall MUST24
be signed by fifteen percent of the eligible electors in each involved25
school district; except that, if the petition requests only consideration of26
detachment and annexation, the petition shall MUST be signed by27
HB24-1448
-83- twenty-five percent of the eligible electors residing in the area to be1
detached and annexed. If multiple school districts are involved, the2
petition does not request consideration of a detachment and annexation,3
and the pupil enrollment of a school district for purposes of the "Public4
School Finance Act of 1994 2025" is greater than thirty thousand pupils,5
the petition shall MUST be signed by five percent of the eligible electors6
in that school district. Such petitions shall be A PETITION IS deemed7
sufficient by the county clerk and recorder in the county of each involved8
school district. Only one such petition may be presented to the9
commissioner and the county clerk and recorder in the county of each10
involved school district in any three consecutive calendar years.11
SECTION 29. In Colorado Revised Statutes, 22-30-114, amend12
(1)(k) as follows:13
22-30-114.  Requirements for plan of organization. (1)  The14
plan of organization must include, but need not be limited to,15
consideration of the following:16
(k)  If the plan of organization results in the creation of a new17
school district, a source of operating funds to be used by the new school18
district prior to receiving the state share of the total district program19
pursuant to the "Public School Finance Act of 1994 2025", article 54 of20
this title TITLE 22, on July 1 of the new school district's first budget year.21
SECTION 30. In Colorado Revised Statutes, amend 22-30-120.522
as follows:23
22-30-120.5.  Effective date for purposes of school finance.24
Notwithstanding the provisions of section 22-30-120, for purposes of25
determining funding under PURSUANT TO the "Public School Finance Act26
of 1994 2025", article 54 of this title TITLE 22, any plan of organization27
HB24-1448
-84- approved at a special school district organization election shall MUST take1
effect on the next July 1 following certification of the election results.2
SECTION 31. In Colorado Revised Statutes, 22-30-129, amend3
(7) as follows:4
22-30-129.  Dissolution and annexation - exemptions from the5
school district organization planning process. (7)  The dissolution and6
annexation of a school district is effective for all purposes on the date7
specified in the final plan of organization; except that, for purposes of8
determining funding pursuant to the "Public School Finance Act of 19949
2025", article 54 of this title 22, a final plan of organization approved by10
the affected local school boards pursuant to this section takes effect on11
the next July 1 following submission of the map and legal description of12
the annexing school districts to the commissioner pursuant to subsection13
(6) of this section. The annexing school districts continue as bodies14
corporate in the same manner as before approval of the organization plan.15
SECTION 32. In Colorado Revised Statutes, 22-30.5-103,16
amend (6.5) as follows:17
22-30.5-103.  Definitions. As used in this part 1, unless the18
context otherwise requires:19
(6.5)  "Private school" means a primary or secondary educational20
institution for students in kindergarten through twelfth grade or any21
portion thereof that may or may not have attained nonprofit status, that22
does not receive state funding through the "Public School Finance Act of23
1994 2025", article 54 of this title TITLE 22, and that is supported in whole24
or in part by tuition payments or private donations.25
SECTION 33. In Colorado Revised Statutes, 22-30.5-104,26
amend (6)(a) and (6)(c)(IV) as follows:27
HB24-1448
-85- 22-30.5-104.  Charter school - requirements - authority - rules1
- definitions. (6) (a)  Pursuant to contract, a charter school may operate2
free from specified school district policies and free from state rules as3
provided in paragraph (b) of this subsection (6) PURSUANT TO4
SUBSECTION (6)(b) OF THIS SECTION. Pursuant to contract, a local board5
of education may waive locally imposed school district requirements,6
without seeking approval of the state board; except that a charter school7
shall not, by contract or otherwise, operate free of the requirements8
contained in the "Public School Finance Act of 1994 2025", article 54 of9
this title TITLE 22, the requirements specified in part 4 of article 11 of this10
title TITLE 22 concerning school accountability committees, or the11
requirements contained in the "Children's Internet Protection Act", article12
87 of this title TITLE 22.13
(c)  A school district, on behalf of a charter school, may apply to14
the state board for a waiver of a state statute or state rule that is not an15
automatic waiver. Notwithstanding any provision of this subsection (6)16
to the contrary, the state board may not waive any statute or rule relating17
to:18
(IV)  The "Public School Finance Act of 1994 2025", article 54 of19
this title 22;20
SECTION 34. In Colorado Revised Statutes, 22-30.5-112,21
amend (1)(a)(II), (2)(a.5)(II), (2)(a.5)(II.5), and (2)(e)(II)(B) as follows:22
22-30.5-112.  Charter schools - financing - guidelines -23
definitions. (1) (a) (II)  On and after July 1, 2023, For purposes of the24
"Public School Finance Act of 1994 2025", article 54 of this title 22,25
pupils enrolled in a charter school are included in the pupil enrollment or26
the online pupil enrollment, whichever is applicable, of the school district27
HB24-1448
-86- that granted its charter. The school district that granted its charter shall1
report to the department the number of pupils included in the school2
district's pupil enrollment and the school district's online pupil enrollment3
that are actually enrolled in each charter school.4
(2) (a.5)  As used in this subsection (2):5
(II)  "District per pupil revenues" means the district's total program6
as defined in section 22-54-103 (6) for any budget year divided by the7
district's funded pupil count as defined in section 22-54-103 (7) for said8
DETERMINED BY ARTICLE 54 OF THIS TITLE 22 FOR THE APPLICABLE budget9
year.10
(II.5)  "District per pupil online funding" means a school district's11
online funding, as specified in section 22-54-104 (4.5) DETERMINED BY12
ARTICLE 54 OF THIS TITLE 22, divided by the district's online pupil13
enrollment for any budget year.14
(2) (e) (II) (B)  Notwithstanding the provisions of subsection15
(2)(e)(II)(A) of this section, to the contrary if the general assembly16
amends the "Public School Finance Act of 1994 2025", article 54 of this17
title 22, to count a student enrolled in kindergarten only as a half-day18
pupil, with or without the addition of supplemental kindergarten19
enrollment as defined in section 22-54-103 (15) for purposes of20
calculating the funded pupil count as defined in section 22-54-103 (7)21
DETERMINED BY ARTICLE 54 OF THIS TITLE 22, a charter school may charge22
the student's parents tuition or a fee for the portion of the school day for23
which it does not receive funding for the student pursuant to the "Public24
School Finance Act of 1994 2025"; except that the amount of tuition or25
fee charged shall MUST not exceed the amount of tuition or fee that the26
charter school charged to attend a full-day kindergarten educational27
HB24-1448
-87- program for the 2018-19 budget year, adjusted for inflation and prorated1
by the percentage of the school day for which the student is no longer2
funded by the "Public School Finance Act of 1994 2025". As used in this3
subsection (2)(e)(II)(B), "inflation" means the annual percentage change4
in the United States department of labor bureau of labor statistics5
consumer price index for Denver-Aurora-Lakewood for all items paid by6
all urban consumers, or its applicable successor index.7
SECTION 35. In Colorado Revised Statutes, 22-30.5-112.1,8
amend (1)(b), (1)(g), (1)(i), and (1)(j.2) as follows:9
22-30.5-112.1.  Charter schools - exclusive jurisdiction districts10
- authorized on or after July 1, 2004 - financing - definitions. (1)  As11
used in this section, unless the context otherwise requires:12
(b)  "At-risk funding" means the amount of funding determined in13
accordance with the formulas described in section 22-54-104 (4)14
APPLICABLE AT-RISK FUNDING FORMULA PURSUANT TO ARTICLE 54 OF THIS15
TITLE 22.16
(g)  "District funded pupil count" shall have the same meaning as17
provided in section 22-54-103 (7) MEANS THE FUNDED PUPIL COUNT18
DETERMINED PURSUANT TO ARTICLE 54 OF THIS TITLE 22.19
(i)  "District per pupil online funding" means a school district's20
online funding, as specified in section 22-54-104 (4.5) AS DETERMINED21
IN ARTICLE 54 OF THIS TITLE 22, divided by the district's online pupil22
enrollment for any budget year.23
(j.2)  "English language learner funding" means the amount of24
funding determined in accordance with the formula described in section25
22-54-104 (4.3) APPLICABLE ENGLISH LANGUAGE LEARNER FUNDING26
FORMULA PURSUANT TO ARTICLE 54 OF THIS TITLE 22.27
HB24-1448
-88- SECTION 36. In Colorado Revised Statutes, 22-30.5-507,1
amend (7)(b)(IV) as follows:2
22-30.5-507.  Institute charter school - requirements -3
authority - rules - definitions. (7) (b)  An institute charter school may4
apply to the state board, through the institute, for a waiver of state statutes5
and state rules that are not automatic waivers. The state board may waive6
state statutory requirements or rules promulgated by the state board;7
except that the state board may not waive any statute or rule relating to:8
(IV)  The provisions of the "Public School Finance Act of 19949
2025", article 54 of this title 22;10
SECTION 37. In Colorado Revised Statutes, 22-30.5-513,11
amend (1)(c), (1)(d.2), (1)(e), (1)(g), (2)(e)(II), and (3)(b) as follows:12
22-30.5-513.  Institute charter schools - funding - at-risk13
supplemental aid - legislative declaration - definitions. (1)  As used in14
this section, unless the context otherwise requires:15
(c)  "Accounting district's at-risk funding" means the amount of16
funding for at-risk pupils in the accounting district determined in17
accordance with the formulas APPLICABLE AT-RISK FUNDING FORMULA18
described in section 22-54-104 (4) PURSUANT TO ARTICLE 54 OF THIS19
TITLE 22.20
(d.2)  "Accounting district's English language learner funding"21
means the amount of funding for English language learner pupils in the22
accounting district determined in accordance with the 
APPLICABLE23
E
NGLISH LANGUAGE LEARNER FUNDING formula described in section
24
22-54-104 (4.3) PURSUANT TO ARTICLE 54 OF THIS TITLE 22.25
(e)  "Accounting district's funded pupil count" shall have the same26
meaning as the term "district funded pupil count" defined in section27
HB24-1448
-89- 22-54-103 (7) MEANS THE FUNDED PUPIL COUNT DETERMINED PURSUANT1
TO ARTICLE 54 OF THIS TITLE 22.2
(g)  "Accounting district's per pupil online funding" means 
THE3
online funding as specified in section 22-54-104 (4.5),
 FORMULA4
DESCRIBED PURSUANT TO ARTICLE 54 OF THIS TITLE 22 for any budget year5
divided by the online pupil enrollment.6
(2) (e) (II)  Notwithstanding the provisions of subsection (2)(e)(I)7
of this section to the contrary, if the general assembly amends the "Public8
School Finance Act of 1994 2025", article 54 of this title 22, to count a9
student enrolled in kindergarten only as a half-day pupil, with or without10
the addition of supplemental kindergarten enrollment as defined in11
section 22-54-103 (15) for purposes of calculating the funded pupil count12
as defined in section 22-54-103 (7) DETERMINED PURSUANT TO ARTICLE13
54
 OF THIS TITLE 22, an institute charter school may charge the student's14
parents tuition or a fee for the portion of the school day for which it does15
not receive funding for the student pursuant to the "Public School Finance16
Act of 1994
 2025"; except that the amount of tuition or fee charged shall17
MUST not exceed the amount of tuition or fee that the institute charter18
school charged to attend a full-day kindergarten educational program for19
the 2018-19 budget year, adjusted for inflation and prorated by the20
percentage of the school day for which the student is no longer funded by21
the "Public School Finance Act of 1994 2025". As used in this subsection22
(2)(e)(II), "inflation" means the annual percentage change in the United23
States department of labor bureau of labor statistics consumer price index24
for Denver-Aurora-Lakewood for all items paid by all urban consumers,25
or its applicable successor index.26
(3) (b)  For purposes of the "Public School Finance Act of 199427
HB24-1448
-90- 2025", article 54 of this title TITLE 22, the department shall add the pupils1
enrolled in an institute charter school to the funded pupil count and the2
online pupil enrollment of the institute charter school's accounting3
district.4
SECTION 38. In Colorado Revised Statutes, 22-30.5-513.1,5
amend (2)(b) as follows:6
22-30.5-513.1.  Mill levy equalization - fund created -7
legislative declaration - definitions. (2) (b)  The institute shall annually8
distribute the money appropriated or transferred to the fund to the9
institute charter schools on an equal per-pupil basis; except that, in any10
budget year, an institute charter school shall MUST not receive a per pupil11
amount that is greater than the total amount of additional mill levy12
revenue, as defined in section 22-32-108.5, that the accounting district for13
the institute charter school is authorized to collect, divided by the funded14
pupil count, as defined in section 22-54-103 DETERMINED PURSUANT TO15
ARTICLE 54 OF THIS TITLE 22, of the accounting district for the applicable16
budget year. The money distributed pursuant to this section is in addition17
to money distributed to institute charter schools pursuant to section18
22-30.5-513. The institute has continuous spending authority over all19
interest and income in the fund.20
SECTION 39. In Colorado Revised Statutes, 22-30.7-107,21
amend (2) introductory portion and (2)(b) as follows:22
22-30.7-107.  Funding. (2)  For the 2008-09 budget year, and for23
each budget year thereafter, For purposes of determining total program24
funding pursuant to article 54 of this title TITLE 22:25
(b) (I)  A school district that is providing a multi-district online26
school, or a school district in which a district charter school is providing27
HB24-1448
-91- a multi-district online school, shall include each student who is enrolled1
in the multi-district online school as of the pupil enrollment count day of2
the applicable budget year in the school district's online pupil enrollment3
for the applicable budget year and shall MUST receive online funding as4
specified in section 22-54-104 (4.5) ARTICLE 54 OF THIS TITLE 22.5
(II)  An institute charter school that is providing a multi-district6
online school shall include each student who is enrolled in the7
multi-district online school as of the pupil enrollment count day of the8
applicable budget year in the institute charter school's online enrollment9
for the applicable budget year and shall MUST receive online funding as10
specified in section 22-54-104 (4.5) ARTICLE 54 OF THIS TITLE 22.11
SECTION 40. In Colorado Revised Statutes, 22-32-108.5,12
amend (2)(g) as follows:13
22-32-108.5.  Board of education - distribution of additional14
mill levy revenue - legislative declaration - definitions. (2)  As used in15
this section, unless the context otherwise requires:16
(g)  "Per pupil mill levy share" means an amount equal to the total17
amount of additional mill levy revenue that a participating school district18
collects for a budget year divided by the school district's funded pupil19
count, as defined in section 22-54-103 DETERMINED PURSUANT TO20
ARTICLE 54 OF THIS TITLE 22, for that budget year.21
SECTION 41. In Colorado Revised Statutes, 22-32-119, amend22
(1)(b) as follows:23
22-32-119.  Kindergartens - definition. (1) (b)  Notwithstanding24
the provisions of subsection (1)(a) of this section to the contrary, if the25
general assembly amends the "Public School Finance Act of 1994 2025",26
article 54 of this title 22, to count a student enrolled in kindergarten only27
HB24-1448
-92- as a half-day pupil, with or without the addition of supplemental1
kindergarten enrollment as defined in section 22-54-103 (15) for purposes2
of calculating the funded pupil count as defined in section 22-54-103 (7)3
DETERMINED PURSUANT TO ARTICLE 54 OF THIS TITLE 22, a school district4
may charge the student's parents tuition or a fee for the portion of the5
school day for which it does not receive funding for the student pursuant6
to the "Public School Finance Act of 1994 2025"; except that the amount7
of tuition or fee charged shall MUST not exceed the amount of tuition or8
fee that the school district charged to attend a full-day kindergarten9
educational program for the 2018-19 budget year, adjusted for inflation10
and prorated by the percentage of the school day for which the student is11
no longer funded by the "Public School Finance Act of 1994 2025". As12
used in this subsection (1)(b), "inflation" means the annual percentage13
change in the United States department of labor bureau of labor statistics14
consumer price index for Denver-Aurora-Lakewood for all items paid by15
all urban consumers, or its applicable successor index.16
SECTION 42. In Colorado Revised Statutes, 22-32-141, amend17
(4)(a) as follows:18
22-32-141.  Student awaiting trial as adult - educational19
services - definitions. (4) (a)  In any budget year in which a school20
district is providing educational services to a juvenile pursuant to this21
section on the pupil enrollment count day of said THE budget year, the22
school district may include the juvenile in its pupil enrollment, as defined23
in section 22-54-103 (10), for purposes of determining the school24
district's total program funding under the "Public School Finance Act of25
1994 2025", article 54 of this title TITLE 22.26
SECTION 43. In Colorado Revised Statutes, 22-32.5-108,27
HB24-1448
-93- amend (3)(a) as follows:1
22-32.5-108.  District of innovation - waiver of statutory and2
regulatory requirements. (3)  Designation as a district of innovation3
shall MUST not affect a school district's:4
(a)  Total program funding calculated pursuant to the "Public5
School Finance Act of 1994 2025", article 54 of this title TITLE 22; or6
SECTION 44. In Colorado Revised Statutes, 22-33-104.5,7
amend (6)(a) as follows:8
22-33-104.5.  Home-based education - guidelines - legislative9
declaration - definitions. (6) (a)  If a child is participating in a nonpublic10
home-based educational program but also attending a public school for11
a portion of the school day, the school district of the public school shall12
be entitled to MAY count such THE child in accordance with the provisions13
of section 22-54-103 (10) for purposes of determining pupil enrollment14
under PURSUANT TO the "Public School Finance Act of 1994 2025",15
article 54 of this title TITLE 22.16
SECTION 45. In Colorado Revised Statutes, 22-35-105, amend17
(2) introductory portion and (2)(a) as follows:18
22-35-105.  Financial provisions - payment of tuition. (2)  If a19
qualified student concurrently enrolls in a course offered by an institution20
of higher education, the institution shall be IS responsible for course21
content, placement of the student in the course, and the quality of22
instruction. In addition, because the qualified student is receiving23
academic credit at his or her THE QUALIFIED STUDENT'S local education24
provider for the course pursuant to section 22-35-104 (5):25
(a)  The qualified student shall be IS included in the funded pupil26
count of his or her THE STUDENT'S school district or, in the case of a27
HB24-1448
-94- student enrolled in an institute charter school, of the school's accounting1
district, as determined pursuant to the provisions of section 22-54-103 (7)2
ARTICLE 54 OF THIS TITLE 22; and3
SECTION 46. In Colorado Revised Statutes, 22-35-108, amend4
(3) as follows:5
22-35-108.  Accelerating students through concurrent6
enrollment program - objectives - non-tuition expenses - rules. (3)  A7
local education provider may include each qualified student whom the8
local education provider designates to participate in the ASCENT9
program pursuant to this section in the district's funded pupil count, or,10
in the case of a qualified student enrolled in an institute charter school, in11
the funded pupil count of the school's accounting district, as provided in12
section 22-54-103 (7) DETERMINED PURSUANT TO ARTICLE 54 OF THIS13
TITLE 22.14
SECTION 47. In Colorado Revised Statutes, 22-35-108.5,15
amend (3)(a) and (3)(b) as follows:16
22-35-108.5.  Teacher recruitment education and preparation17
(TREP) program - objectives - selection criteria - rules. (3) (a)  The18
local education provider that enrolls a qualified student who is designated19
by the department as a TREP program participant may include the student20
in the school district's funded pupil count, or, in the case of a student21
enrolled in an institute charter school, in the funded pupil count of the22
institute charter school's accounting district as provided in section23
22-54-103 (7) DETERMINED PURSUANT TO ARTICLE 54 OF THIS TITLE 22.24
(b)  A local education provider that receives extended high school25
funding, as described in section 22-54-104 (4.7) ARTICLE 54 OF THIS TITLE26
22, in a budget year for program participants may expend the funding on27
HB24-1448
-95- behalf of TREP program participants who enroll in an institution of1
higher education during that budget year and on behalf of the TREP2
program participants who, by May 1 of that budget year, are admitted to3
an institution of higher education to participate in the TREP program4
during the next budget year.5
SECTION 48. In Colorado Revised Statutes, 22-35-111, amend6
(2) as follows:7
22-35-111.  Rules. (2)  By July 1, 2020, The state board shall8
adopt rules to specify the number of postsecondary credits in which a9
qualified student must be concurrently enrolled to qualify for full-time10
membership for purposes of the "Public School Finance Act of 199411
2025", article 54 of this title 22.12
SECTION 49. In Colorado Revised Statutes, 22-35.3-102,13
amend (8) as follows:14
22-35.3-102.  Definitions. As used in this article 35.3, unless the15
context otherwise requires:16
(8)  "Funded pupil count" has the same meaning as provided in17
section 22-54-103 (7) MEANS THE FUNDED PUPIL COUNT AS DETERMINED18
PURSUANT TO ARTICLE 54 OF THIS TITLE 22.19
SECTION 50. In Colorado Revised Statutes, 22-35.3-104,20
amend (1)(a) as follows:21
22-35.3-104.  P-tech schools - funding. (1) (a)  To calculate22
district total program pursuant to section 22-54-104 ARTICLE 54 OF THIS23
TITLE 22, a school district that is approved to operate a p-tech school24
pursuant to section 22-35.3-103, including a p-tech school that is a district25
charter school, may include the students who are enrolled in grades nine26
through twelve in the p-tech school in the school district's pupil27
HB24-1448
-96- enrollment, as defined in section 22-54-103 (10), and may include the1
students who are enrolled in grades thirteen and fourteen in the p-tech2
school in the school district's district extended high school pupil3
enrollment.4
SECTION 51. In Colorado Revised Statutes, 22-35.6-103,5
amend (1) as follows:6
22-35.6-103.  High school innovative learning pilot program -7
created - rules. (1)  There is created in the department the high school8
innovative learning pilot program to authorize full-time funding for9
students enrolled in grades nine through twelve in high schools operated10
by selected local education providers to enable the local education11
providers to provide innovative learning opportunities for high school12
students to support them in successful transitions from high school to13
postsecondary education or the workforce. The department shall14
administer the pilot program by reviewing applications and selecting the15
local education providers that propose an innovative learning plan that16
meets the requirements specified in section 22-35.6-104 and is designed17
to ensure that students enrolled in grades nine through twelve may18
participate in innovative learning opportunities before graduation. A local19
education provider that is selected to participate in the pilot program is20
authorized to count students who are enrolled in grades nine through21
twelve and are participating in innovative learning opportunities as22
full-time pupils for purposes of the "Public School Finance Act of 199423
2025", article 54 of this title 22, regardless of the actual number of24
teacher-pupil instruction hours and teacher-pupil contact hours for each25
pupil.26
SECTION 52. In Colorado Revised Statutes, 22-40-102, amend27
HB24-1448
-97- (1.7)(a) and (6)(a) as follows:1
22-40-102.  Certification - tax revenues - repeal. (1.7) (a)  The2
board of education of any school district, at the regular biennial election3
for school district directors or on the dates authorized by section4
22-54-108 for elections for additional local property tax revenues under5
the "Public School Finance Act of 1994 2025" shall submit to the eligible6
electors of the district the question of whether to impose a mill levy for7
the payment of excess transportation costs. If a majority of the votes cast8
at any such THE election are in favor of the question, an additional mill9
levy shall be IS levied each year, and revenues received therefrom shall10
MUST be deposited into the transportation fund of the district created in11
section 22-45-103 (1)(f).12
(6) (a)  Each school district, with such assistance as may be13
required from the department of education, shall inform the county14
treasurer for each county within the district's boundaries no later than15
December 15 of each year of said THE district's general fund mill levy in16
the absence of funds estimated to be received by said THE district17
pursuant to the "Public School Finance Act of 1994 2025", article 54 of18
this title 22, and the estimated funds to be received for the general fund19
of the district from the state.20
SECTION 53. In Colorado Revised Statutes, 22-43.7-201,21
amend (4)(a)(II)(A) as follows:22
22-43.7-201.  Full-day kindergarten facility capital23
construction fund - creation - grants - definitions. (4) (a)  As used in24
this subsection (4), unless the context otherwise requires:25
(II)  "Equitable adjustment factor" means, with respect to both an26
applicant and a potential applicant that does not actually apply for a grant27
HB24-1448
-98- as authorized by this subsection (4), the sum of the applicant's:1
(A)  Size factor, as determined pursuant to section 22-54-1042
(5)(b)(I.5) ARTICLE 54 OF THIS TITLE 22;3
SECTION 54. In Colorado Revised Statutes, amend 22-52-1074
as follows:5
22-52-107.  Funding of second chance program. It is the intent6
of the general assembly that, after the initial appropriation made to the7
department of education for the fiscal year beginning July 1, 1985, The8
responsibilities and duties specified in this article shall MUST be9
performed by the department of education and the participating school10
districts through the funding available pursuant to the "Public School11
Finance Act of 1994 2025", article 54 of this title TITLE 22.12
SECTION 55. In Colorado Revised Statutes, 22-55-102, amend13
(14) and (18) as follows:14
22-55-102.  Definitions. As used in this article 55, unless the15
context otherwise requires:16
(14)  "Statewide base per pupil funding" means the amount17
specified for each budget year in section 22-54-104 (5)(a) ARTICLE 54 OF18
THIS TITLE 22.19
(18)  "Total program" or "total program education funding" means20
a district's total program as determined pursuant to section 22-54-104 (1)21
ARTICLE 54 OF THIS TITLE 22.22
SECTION 56. In Colorado Revised Statutes, 22-55-104, amend23
(3) introductory portion as follows:24
22-55-104.  Procedures relating to state education fund25
revenue estimates - legislative declaration. (3)  By February 1, 2002,26
and by each February 1 thereafter, ON OR BEFORE EACH FEBRUARY 1, the27
HB24-1448
-99- staff of the legislative council STAFF OF THE GENERAL ASSEMBLY , in1
consultation with the state auditor, the office of state planning and2
budgeting, the state treasurer, the department of education, and the joint3
budget committee, shall cause to be conducted a review of the model used4
to forecast revenues in and expenditures from the fund and the spending5
requirements of the "Public School Finance Act of 1994 2025", article 546
of this title TITLE 22. Copies of the review shall MUST promptly be7
transmitted to the joint budget committee, and the office of state planning8
and budgeting, and the education committees of the senate and the house9
of representatives. The review shall MUST include, but need not be limited10
to, the following:11
SECTION 57. In Colorado Revised Statutes, 22-55-106, amend12
(2) as follows:13
22-55-106.  Statewide base per pupil funding - increases.14
(2)  The general assembly may annually appropriate moneys MONEY in15
the state education fund, the general fund, any other state fund, or some16
combination thereof, as necessary in the sole discretion of the general17
assembly, to satisfy the requirements of subsection (1) of this section, and18
such moneys shall THE MONEY MUST be distributed to public school19
districts and the state charter school institute in accordance with the20
provisions of the "Public School Finance Act of 1994 2025", article 54 of21
this title TITLE 22.22
SECTION 58. In Colorado Revised Statutes, 24-77-104.5,23
amend (3)(a)(I) as follows:24
24-77-104.5.  General fund exempt account - referendum C25
money - specification of uses for health care and education -26
definitions. (3) (a)  Funding for preschool through twelfth grade27
HB24-1448
-100- education, as used in subparagraph (II) of paragraph (b) of subsection (1)1
SUBSECTION (1)(b)(II) of this section, shall be IS limited to funding for:2
(I)  Per-pupil funding for preschool through twelfth grade3
education through the "Public School Finance Act of 1994 2025", article4
54 of title 22, C.R.S. or any successor act;5
SECTION 59. In Colorado Revised Statutes, 25.5-10-206,6
amend as it will become effective July 1, 2024, (7)(b) as follows:7
25.5-10-206.  Authorized long-term services and supports -8
conditions of funding - purchase of services and supports - adult9
protective services data system check - boards of county10
commissioners - appropriation. (7) (b)   Each school district shall pay11
to the case management agency purchasing programs attended by a12
student with an intellectual and developmental disability, who is13
domiciled in the school district and may be counted in the district's pupil14
enrollment, an amount at least equal to the district's per pupil revenues as15
determined pursuant to the "Public School Finance Act of 1994 2025",16
article 54 of title 22. This subsection (7) applies to students who are less17
than twenty-two years of age.18
SECTION 60. In Colorado Revised Statutes, 26.5-4-202, amend19
(2)(a)(I) as follows:20
26.5-4-202.  Legislative declaration. (2) (a)  The general21
assembly further finds and declares that:22
(I)  In 2000, the voters approved section 17 of article IX of the23
state constitution, which requires the general assembly to annually24
increase, by at least the rate of inflation, the statewide base per pupil25
funding, as defined by the "Public School Finance Act of 1994", article26
54 of title 22, for public education from preschool through twelfth grade;27
HB24-1448
-101- SECTION 61. In Colorado Revised Statutes, 26.5-4-208, amend1
(6)(b) as follows:2
26.5-4-208.  Preschool provider funding - per-child rates - local3
contribution - distribution and use of money - definitions - repeal.4
(6)  As used in this section, unless the context otherwise requires:5
(b)  "Funded pupil count" has the same meaning as provided in6
section 22-54-103 MEANS THE FUNDED PUPIL COUNT AS DETERMINED7
PURSUANT TO ARTICLE 54 OF TITLE 22.8
SECTION 62. In Colorado Revised Statutes, 34-63-102, amend9
(5.4) introductory portion and (5.4)(e)(III) as follows:10
34-63-102.  Creation of mineral leasing fund - distribution -11
advisory committee - local government permanent fund created -12
transfer of money - definitions. (5.4)  Except as otherwise provided in13
subsection (5.5) of this section, on and after July 1, 2008, all moneys14
MONEY other than bonus payments, as defined in paragraph (b) of15
subsection (5.3) SUBSECTION (5.3)(b) of this section, credited to the16
mineral leasing fund created in subparagraph (II) of paragraph (a) of17
subsection (1) SUBSECTION (1)(a)(II) of this section shall MUST be18
distributed on a quarterly basis for quarters beginning on July 1, October19
1, January 1, and April 1 of each state fiscal year as follows:20
(e) (III)  The executive director of the department of local affairs21
shall make the distributions required by subparagraphs (I) and (II) of this22
paragraph (e) SUBSECTIONS (5)(e)(I) AND (5)(e)(II) OF THIS SECTION at the23
same time as the executive director makes distributions to counties24
pursuant to paragraph (c) of this subsection (5.4) SUBSECTION (5.4)(c) OF25
THIS SECTION, and the total amount of the distributions made to all school26
districts within a single county shall MUST be in proportion to the amount27
HB24-1448
-102- of the moneys MONEY distributed directly to the county pursuant to said1
paragraph (c) SUBSECTION (5.4)(c) OF THIS SECTION. Where more than one2
school district exists within a county, the distribution to each school3
district shall MUST be the percentage that the most recent funded pupil4
count, as determined pursuant to the "Public School Finance Act of 19945
2025", article 54 of title 22, C.R.S. for pupils enrolled in the county6
attributable to that school district bears to the most recent total funded7
pupil count for all pupils attributable to the county.8
SECTION 63. In Colorado Revised Statutes, 39-5-132, amend9
(5) as follows:10
39-5-132.  Assessment and taxation of new construction.11
(5)  Moneys MONEY received by a school district pursuant to this section12
shall MUST be deposited in the district's capital reserve fund and shall13
MUST not be included in calculating the amount of revenue which THAT14
a district is entitled to receive from the property tax levy for the general15
fund of the district under the "Public School Finance Act of 1994 2025",16
article 54 of title 22. C.R.S.17
SECTION 64. In Colorado Revised Statutes, 39-10-103, amend18
(2) as follows:19
39-10-103.  Tax statement - repeal. (2)  Each tax notice shall20
MUST contain information regarding the actual school district general21
fund mill levy and the school district general fund mill levy in absence of22
funds estimated to be received by school districts pursuant to the "Public23
School Finance Act of 1994 2025", article 54 of title 22, and the24
estimated funds to be received for the general funds of districts from the25
state.26
SECTION 65. In Colorado Revised Statutes, 39-10-114, amend27
HB24-1448
-103- (1)(a)(I)(B) as follows:1
39-10-114.  Abatement - cancellation of taxes.2
(1) (a) (I) (B)  The assessor shall certify the proportional amount of the3
total amount of abatements and refunds granted pursuant to the provisions4
of this section to the appropriate taxing entities at the same time that AS5
the certification of valuation for assessment is made pursuant to the6
provisions of section 39-5-128. Any taxing entity may adjust the amount7
of its tax levy authorized pursuant to the provisions of section 29-1-3018
C.R.S. by an additional amount which THAT does not exceed the9
proportional share of the total amount of abatements and refunds made10
pursuant to the provisions of this section. After calculating the amount of11
property tax revenues necessary to satisfy the requirements of the "Public12
School Finance Act of 1994 2025", article 54 of title 22, C.R.S. any13
school district shall add an amount equal to the proportional share of the14
total amount of abatements and refunds granted pursuant to the provisions15
of this section prior to the setting of the mill levy for such school district.16
Any additional amount added pursuant to the provisions of this subsection17
(1) shall MUST not be included in the total amount of revenue levied in18
said THE year for the purposes of computing the limit for the succeeding19
year pursuant to the provisions of section 29-1-301. C.R.S. Where WHEN20
a final determination is made granting an abatement or refund pursuant21
to the provisions of this section, the abatement or refund granted shall22
MUST be payable at such time as determined by the board of county23
commissioners after consultation with affected taxing entities but no later24
than upon the payment of property taxes for the property tax year in25
which said THE final determination was made. For the purposes of this26
sub-subparagraph (B) SUBSECTION (1)(a)(I)(B), a taxing entity's27
HB24-1448
-104- proportional share of the total amount of abatements and refunds granted1
shall MUST be based upon the amount of tax levied by a taxing entity on2
such THE real property in proportion to the total amount of tax levied on3
such THE real property by such taxing entities.4
SECTION 66. In Colorado Revised Statutes, 43-4-502, amend5
(2) as follows:6
43-4-502.  Legislative declaration. (2)  It is further the intent of7
the general assembly that no provision of this part 5 shall affect AFFECTS8
the 
FORMER "Public School Finance Act of 1973", article 50 of title 22,9
C.R.S.
 the FORMER "Public School Finance Act of 1988", article 53 of10
title 22, C.R.S. the FORMER "Public School Finance Act of 1994", article11
54 of title 22, C.R.S. THE "PUBLIC SCHOOL FINANCE ACT OF 2025,12
ARTICLE 54 OF TITLE 22, or any additional school financing mechanisms13
adopted by the general assembly.14
SECTION 67. Safety clause. The general assembly finds,15
determines, and declares that this act is necessary for the immediate16
preservation of the public peace, health, or safety or for appropriations for17
the support and maintenance of the departments of the state and state18
institutions.19
HB24-1448
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