Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 24-0977.06 Jacob Baus x2173
HOUSE BILL 24-1448
House Committees Senate Committees
Education
Appropriations
A BILL FOR AN ACT
C
ONCERNING THE CREATION OF A MODERNIZED APPROACH TO101
FUNDING PUBLIC
EDUCATION, AND, IN CONNECTION THEREWITH ,102
MAKING AND REDUCING AN APPROPRIATION .103
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
HOUSE
Amended 2nd Reading
April 30, 2024
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. money.
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
1448
-2- amount that increases by the same percentage that the
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
1448
-3- 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 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
1448
-4- school lands plus 50% of the gross amount of public school
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
1448-5- 22-54-102. Statewide applicability - intergovernmental1
agreements - legislative declaration. (1) The general assembly hereby2
finds and declares that this article ARTICLE 54 is enacted in furtherance of3
the general assembly's duty under section 2 of article IX of the state4
constitution to provide for a thorough and uniform system of public5
schools throughout the state; that a thorough and uniform system requires6
that all school districts and institute charter schools operate under the7
same finance formula; and that equity considerations dictate that all8
districts and institute charter schools be subject to the expenditure and9
maximum levy provisions of this article ARTICLE 54. Accordingly, the10
provisions of this article ARTICLE 54 concerning the financing of public11
schools for budget years beginning on and after July 1, 1994, shall apply12
to all school districts and institute charter schools organized under the13
laws of this state.14
(2) (a) T
HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES15
THAT:16
(I) A
THOROUGH AND UNIFORM SYSTEM OF PUBLIC EDUCATION17
CREATES A LEARNING ENVIRONMENT IN WHICH ALL LEARNERS ARE18
CIVICALLY ENGAGED ; PHYSICALLY, SOCIALLY, AND EMOTIONALLY19
HEALTHY; COMPETENT ACADEMIC SCHOLARS ; AND, UPON GRADUATION,20
READY TO CONTRIBUTE PRODUCTIVELY TO THE ECONOMY AND PREPARED21
FOR A RAPIDLY CHANGING WORLD ;22
(II) A
WORLD-CLASS PUBLIC EDUCATION LEARNING ENVIRONMENT23
IS CRITICAL TO MEETING THE WORKFORCE DEMANDS FOR COLORADO'S24
THRIVING AND DYNAMIC ECONOMY ;25
(III) T
HE CHANGING REALITIES OF COLORADO'S ECONOMY26
DEMAND THAT STUDENTS BE AGILE LEARNERS ABLE TO CONTINUOUSLY27
1448
-6- LEARN, ADAPT, AND SHIFT INTO NEW ROLES BY DEVELOPING CRITICAL1
THINKING, COLLABORATION, AND PROBLEM-SOLVING SKILLS;2
(IV) T
HE NEEDS OF THE STATE REQUIRE THAT ALL STUDENTS ,3
INCLUDING THOSE WHO ARE UNDERSERVED OR FACE SIGNIFICANT4
CHALLENGES IN MEETING COLORADO'S GRADUATION GUIDELINES ,5
COMPLETE HIGH SCHOOL AND ARE READY FOR CAREER OR6
POSTSECONDARY EDUCATION ;7
(V) C
OLORADO'S TOTAL PROGRAM FORMULA , PURSUANT TO8
SECTION 22-54-104, DRASTICALLY UNDERFUNDS COLORADO'S MOST9
HISTORICALLY UNDERSERVED STUDENTS , INCLUDING AT-RISK STUDENTS,10
E
NGLISH LANGUAGE LEARNERS , AND STUDENTS WITH SPECIAL NEEDS .11
S
INCE THE COVID-19 PANDEMIC, THE ACHIEVEMENT GAP BETWEEN THESE12
STUDENTS AND THEIR PEERS HAS GROWN EXPONENTIALLY . RESEARCH13
SHOWS THAT DIRECTING ADDITIONAL FUNDING TO THESE STUDENTS14
BOLSTERS THEIR ACADEMIC OUTCOMES .15
(VI) C
OLORADO'S TOTAL PROGRAM FORMULA , PURSUANT TO16
SECTION 22-54-104, HAS NOT BEEN SIGNIFICANTLY UPDATED SINCE 1994.17
A
S THE GENERAL ASSEMBLY COMMITS TO FULLY BUYING DOWN THE18
BUDGET STABILIZATION FACTOR , THERE IS AN OPPORTUNE MOMENT TO19
MODERNIZE THE TOTAL PROGRAM FORMULA TO BETTER MEET THE NEEDS20
OF STUDENTS, EDUCATORS, COMMUNITIES, AND SCHOOLS.21
(VII) I
N THE YEARS SINCE THIS ARTICLE 54 WAS ORIGINALLY22
ENACTED IN 1994, CONSTITUTIONAL PROVISIONS , STATUTORY23
REQUIREMENTS, PUBLIC EXPECTATIONS, AND STUDENT DEMOGRAPHICS24
HAVE PLACED GREATER DEMANDS ON COLORADO'S PUBLIC EDUCATION25
LEARNING ENVIRONMENT ; AND26
(VIII) C
HALLENGES TO RECRUIT AND RETAIN EDUCATORS AND27
1448
-7- SCHOOL LEADERS, AND IMPEDIMENTS TO BENEFICIAL INNOVATION ,1
CONTINUE TO THREATEN COLORADO'S PUBLIC EDUCATION LEARNING2
ENVIRONMENT.3
(b) T
O PROVIDE EACH CHILD IN THIS STATE WITH A HIGH-QUALITY4
PUBLIC EDUCATION, THE GENERAL ASSEMBLY FINDS AND DECLARES THAT5
C
OLORADO'S PUBLIC SCHOOL FINANCE FORMULA MUST BE REDESIGNED6
AND MODERNIZED TO:7
(I) P
RIORITIZE EQUITY BY FOCUSING ON INDIVIDUAL STUDENT8
NEEDS, INCLUDING PRIORITIZED FUNDING FOR STUDENTS EXPERIENCING9
POVERTY, STUDENTS WITH SPECIAL EDUCATION NEEDS , AND STUDENTS10
WHO ARE ENGLISH LANGUAGE LEARNERS ;11
(II) R
ECOGNIZE AND ADJUST FUNDING FOR DIFFERENCES AMONG12
SCHOOL DISTRICTS AND PUBLIC SCHOOLS RELATED TO SIZE , REMOTENESS,13
AND COST OF LIVING;14
(III) P
ROMOTE GREATER UNDERSTANDING OF PUBLIC EDUCATION15
FUNDING FOR POLICYMAKERS , EDUCATORS, COMMUNITY MEMBERS ,16
FAMILIES, AND STUDENTS BY CREATING TRANSPARENCY AND SIMPLICITY17
IN THE SCHOOL FINANCE FORMULA CALCULATION ; AND18
(IV) R
ESPONSIBLY PHASE IN A NEW TOTAL PROGRAM FORMULA19
OVER A PERIOD OF TIME SO THAT IT IS SUSTAINABLE, AND ALLOW SCHOOL20
DISTRICTS AND SCHOOLS AN AMOUNT OF TIME NECESSARY TO ADJUST TO21
THE PHASE-IN.22
(2)
(3) The general assembly hereby finds and declares that in23
enacting this article ARTICLE 54 it has adopted a formula for the support24
of schools; for the 1994-95 budget year and budget years thereafter;25
however, the adoption of such THE formula in no way represents IS a26
commitment on the part of the general assembly concerning the level of27
1448
-8- total funding for schools. for the 1995-96 budget year or any budget year1
thereafter.2
(3) (4) (a) Nothing in this article shall be construed to THIS3
ARTICLE 54 DOES NOT prohibit local governments from cooperating with4
school districts through intergovernmental agreements to fund, construct,5
maintain, or manage capital construction projects or other facilities as set6
forth in section 22-45-103 (1)(c)(I)(A) or (1)(c)(I)(D), including, but not7
limited to, swimming pools, playgrounds, or ball fields, as long as IF8
funding for such THE projects is provided solely from a source of local9
government revenue that is otherwise authorized by law, except impact10
fees or other similar development charges or fees.11
(b) Notwithstanding any provision of paragraph (a) of this12
subsection (3) SUBSECTION (4)(a) OF THIS SECTION to the contrary,13
nothing in this subsection (3) shall be construed to THIS SUBSECTION (4)14
DOES NOT:15
(I) Limit or restrict a county's power to require the reservation or16
dedication of sites and land areas for schools or the payment of moneys17
MONEY in lieu thereof pursuant to section 30-28-133 (4)(a); C.R.S. or to18
limit a local government's ability to accept and expend impact fees or19
other similar development charges or fees contributed voluntarily on or20
before December 31, 1997, to fund the capital projects of school districts21
according to the terms of agreements voluntarily entered into on or before22
June 4, 1996, between all affected parties; AND23
(II) Repealed.24
(III) Grant authority to local governments to require the25
reservation or dedication of sites and land areas for schools or the26
payment of moneys in lieu thereof MONEY; however, the prohibition on27
1448
-9- impact fees or other similar development charges or fees contained in this1
subsection (3) shall not be construed to SUBSECTION (4) DOES NOT restrict2
the authority of any local government to require the reservation or3
dedication of sites and land areas for schools or the payment of moneys4
in lieu thereof if such MONEY IF THE local government otherwise has such5
THE authority granted by law.6
(4) If the December 2015 revenue forecast prepared by the7
legislative council staff estimates that the amount of local property tax8
revenues that will be available to districts for the 2015-16 budget year9
will be greater than the amount estimated in the December 2014 revenue10
forecast, it is the intent of the general assembly, through the supplemental11
appropriations process during the 2016 regular legislative session, to12
maintain and not reduce state appropriations for school finance funding13
after consideration of other forecast changes, including changes in the14
number of pupils and at-risk pupils enrolled, the inflation rate, and the15
expected state education fund revenues.16
(5) (a) The general assembly finds that, due to the COVID-1917
pandemic beginning during the 2019-20 school year, Colorado's public18
education system has faced significant disruptions to the delivery of19
classroom instruction, student learning, and access to critically necessary20
nutritional, health, and social-emotional support services. Therefore, the21
general assembly finds that:22
(I) A world-class public education is critical to meeting the23
workforce demands for Colorado's economy;24
(II) The changing realities of Colorado's post-pandemic economy25
demand that students be agile learners able to continuously learn, adapt,26
and shift into new roles by developing critical thinking, collaboration, and27
1448
-10- problem-solving skills; and1
(III) The needs of the state require that all students, including2
those who are underserved or face significant challenges in meeting3
Colorado's graduation guidelines, complete high school career and4
college ready.5
(b) To provide each child in this state with a high-quality public6
education, the general assembly declares that Colorado's public school7
finance formula must be redesigned and modernized to:8
(I) Prioritize equity, focusing on individual student needs by9
increasing the funding for students who are economically disadvantaged10
and students who are English language learners; and11
(II) Address the inequities in school district funding that arise12
from the dramatic differences in local property wealth and mill levy13
overrides.14
(c) Further, the general assembly declares that, because English15
language learner funding will now be included in the school finance16
formula, it is appropriate to fund this inclusion by redirecting to the state17
share of total program the amount previously appropriated for the18
professional development and student support program created in section19
22-24-108. The general assembly further declares that the remaining costs20
of the school finance formula changes are offset by the savings to the21
state share of total program that occur as a result of correcting the22
unauthorized reductions in district property tax mill levies as provided in23
section 22-54-106 (2.1).24
SECTION 3. In Colorado Revised Statutes, 22-54-103, amend25
(1.3), (6), (6.5), (8.5)(a)(II), (8.5)(b), (10)(a)(II), (10)(a)(III.5), (10)(a)(V),26
(10)(b)(I) introductory portion, (10)(d), (10)(f), (10)(h)(I) introductory27
1448
-11- portion, (10.5)(b), (14), and (15); repeal (1.5)(a)(V), (1.5)(b),1
(1.5)(c)(II)(A), (5.5)(a), (7), and (10)(g); and add (10.7) as follows:2
22-54-103. Definitions. As used in this article 54, unless the3
context otherwise requires:4
(1.3) "Accounting district" means the school district within whose5
geographic boundaries an institute charter school is physically located.6
(1.5) (a) "At-risk pupils" means:7
(V) For the 2005-06 budget year through the 2020-21 budget year,8
the number of district pupils who are English language learners plus the9
greater of:10
(A) The number of district pupils eligible for free lunch; or11
(B) The number of pupils calculated in accordance with the12
following formula:13
District percentage of pupils eligible for free lunch x District pupil14
enrollment.15
(b) For purposes of subsection (1.5)(a)(V) of this section:16
(I) "District percentage of pupils eligible for free lunch" means the17
district pupils eligible for free lunch in grades one through eight divided18
by the district pupil enrollment in grades one through eight.19
(II) "District pupil enrollment" means the pupil enrollment of the20
district, as determined in accordance with subsection (10) of this section,21
minus the number of pupils enrolled in the Colorado preschool program22
pursuant to article 28 of this title 22 and the number of three-year-old or23
four-year-old pupils with disabilities receiving educational programs24
pursuant to article 20 of this title 22.25
(III) "District pupils eligible for free lunch" means the number of26
pupils included in the district pupil enrollment who are eligible for free27
1448
-12- lunch pursuant to the provisions of the federal "Richard B. Russell1
National School Lunch Act", 42 U.S.C. sec. 1751 et seq.2
(IV) "District pupils who are English language learners" means3
the number of pupils included in the district pupil enrollment for the4
preceding budget year who were not eligible for free lunch pursuant to the5
provisions of the federal "Richard B. Russell National School Lunch6
Act", 42 U.S.C. sec. 1751 et seq., and who are English language learners,7
as defined in section 22-24-103 (4), and:8
(A) Whose scores were not included in calculating school9
academic performance grades as provided in section 22-7-1006.3; or10
(B) Who took an assessment administered pursuant to section11
22-7-1006.3 in a language other than English.12
(c) For purposes of subsection (1.5)(a)(VI) of this section:13
(II) (A) "District pupil enrollment" means, for the 2021-22 and14
2022-23 budget years, the pupil enrollment of the district, as determined15
in accordance with subsection (10) of this section, minus the number of16
pupils enrolled in the Colorado preschool program pursuant to article 2817
of this title 22 and the number of three-year-old or four-year-old pupils18
with disabilities receiving educational programs pursuant to article 20 of19
this title 22.20
(5.5) (a) "District percentage of at-risk pupils" means, for budget21
years commencing prior to July 1, 2023, the number of at-risk pupils in22
the district, as determined in accordance with subsection (1.5) of this23
section, divided by the pupil enrollment of the district, as determined in24
accordance with subsection (10) of this section; except that pupil25
enrollment does not include the number of pupils enrolled in the Colorado26
preschool program pursuant to article 28 of this title 22, as it exists prior27
1448
-13- to July 1, 2023, and the number of three-year-old or four-year-old pupils1
with disabilities receiving educational programs pursuant to article 20 of2
this title 22.3
(6) "District's total program" means the funding for a district, as4
determined pursuant to section 22-54-104 or section 22-54-104.3,5
whichever is applicable, which represents the financial base of support for6
public education in that district. "DISTRICT TOTAL PROGRAM " OR7
"
DISTRICT'S TOTAL PROGRAM " MEANS A DISTRICT 'S FUNDING, AS8
DETERMINED PURSUANT TO THIS ARTICLE 54, WHICH IS THE FINANCIAL9
BASE OF SUPPORT FOR PUBLIC EDUCATION IN THAT DISTRICT .10
(6.5) "English language learner pupils" means the number of11
district pupils who are English language learners, as defined in section12
22-24-103 (4), and for whom the district received
RECEIVES funding FOR13
THE APPLICABLE BUDGET YEAR pursuant to section 22-24-104 (3)(b)(I).14
(7) "Funded pupil count" means:15
(a) For budget years commencing prior to July 1, 2002, the greater16
of:17
(I) The district's pupil enrollment for the applicable budget year;18
or19
(II) The average of the district's pupil enrollment for the20
applicable budget year and the district's pupil enrollment for the21
immediately preceding budget year; or22
(III) The average of the district's pupil enrollment for the23
applicable budget year and the district's pupil enrollment for the two24
immediately preceding budget years; or25
(IV) The average of the district's pupil enrollment for the26
applicable budget year and the district's pupil enrollment for the three27
1448
-14- immediately preceding budget years;1
(b) (I) For the budget year commencing on July 1, 2002, the2
district's online pupil enrollment for the applicable budget year plus the3
greater of:4
(A) The district's pupil enrollment for the applicable budget year;5
or6
(B) The average of the district's pupil enrollment for the7
applicable budget year and the district's pupil enrollment for the8
immediately preceding budget year; or9
(C) The average of the district's pupil enrollment for the10
applicable budget year and the district's pupil enrollment for the two11
immediately preceding budget years; or12
(D) The average of the district's pupil enrollment for the13
applicable budget year and the district's pupil enrollment for the three14
immediately preceding budget years.15
(II) Repealed.16
(c) (I) For budget years commencing on and after July 1, 2003, but17
prior to July 1, 2008, the district's online pupil enrollment for the18
applicable budget year plus the district's preschool and kindergarten19
program enrollment for the applicable budget year plus the greater of:20
(A) The district's pupil enrollment for the applicable budget year;21
or22
(B) The average of the district's pupil enrollment for the23
applicable budget year and the district's pupil enrollment for the24
immediately preceding budget year; or25
(C) The average of the district's pupil enrollment for the26
applicable budget year and the district's pupil enrollment for the two27
1448
-15- immediately preceding budget years; or1
(D) The average of the district's pupil enrollment for the2
applicable budget year and the district's pupil enrollment for the three3
immediately preceding budget years.4
(II) and (III) Repealed.5
(IV) Notwithstanding any provision of law to the contrary, for6
purposes of subparagraph (I) of this paragraph (c) for budget years7
beginning on or after July 1, 2004, a district's funded pupil count shall8
include the certified pupil enrollment and online pupil enrollment of each9
operating institute charter school for which the district is the accounting10
district. The department of education shall add the institute charter11
school's certified pupil enrollment and online pupil enrollment to the12
funded pupil count of the district prior to calculating the district's total13
program pursuant to section 22-54-104.14
(d) (I) For budget years commencing on and after July 1, 2008,15
but prior to July 1, 2009, the district's online pupil enrollment for the16
applicable budget year plus the district's preschool program enrollment17
for the applicable budget year plus the district's supplemental18
kindergarten 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
1448
-16- (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; or3
(E) The average of the district's pupil enrollment for the4
applicable budget year and the district's pupil enrollment for the four5
immediately preceding budget years.6
(II) Notwithstanding any provision of law to the contrary, for7
purposes of subparagraph (I) of this paragraph (d), a district's funded8
pupil count shall include the certified pupil enrollment and online pupil9
enrollment of each operating institute charter school for which the district10
is the accounting district. The department of education shall add the11
institute charter school's certified pupil enrollment and online pupil12
enrollment to the funded pupil count of the district prior to calculating the13
district's total program pursuant to section 22-54-104.14
(III) Repealed.15
(IV) The general assembly hereby finds and declares that for the16
purposes of section 17 of article IX of the state constitution, averaging a17
district's pupil enrollment for the applicable budget year and the district's18
pupil enrollment for the four immediately preceding budget years19
pursuant to sub-subparagraph (E) of subparagraph (I) of this paragraph20
(d) is a program for accountable education reform and may therefore21
receive funding from the state education fund created in section 17 (4) of22
article IX of the state constitution.23
(e) (I) For budget years commencing on and after July 1, 2009, but24
prior to July 1, 2023, the district's online pupil enrollment for the25
applicable budget year plus the district's preschool program enrollment26
for the applicable budget year plus the district's supplemental27
1448
-17- kindergarten enrollment for the applicable budget year plus the district's1
extended high school pupil enrollment for the applicable budget year, plus2
the 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; or14
(E) The average of the district's pupil enrollment for the15
applicable budget year and the district's pupil enrollment for the four16
immediately preceding budget years.17
(II) Notwithstanding any provision of law to the contrary, for18
purposes of subparagraph (I) of this paragraph (e), a district's funded19
pupil count shall include the certified pupil enrollment and online pupil20
enrollment of each operating institute charter school for which the district21
is the accounting district. The department of education shall add the22
institute charter school's certified pupil enrollment and online pupil23
enrollment to the funded pupil count of the district prior to calculating the24
district's total program pursuant to section 22-54-104.25
(III) Repealed.26
(IV) The general assembly hereby finds and declares that for the27
1448
-18- purposes of section 17 of article IX of the state constitution, averaging a1
district's pupil enrollment for the applicable budget year and the district's2
pupil enrollment for the four immediately preceding budget years3
pursuant to sub-subparagraph (E) of subparagraph (I) of this paragraph4
(e) is a program for accountable education reform and may therefore5
receive funding from the state education fund created in section 17 (4) of6
article IX of the state constitution.7
(V) Notwithstanding any provision of law to the contrary, for the8
2010-11 budget year and each budget year thereafter, for the purposes of9
this paragraph (e), a district's pupil enrollment for the applicable budget10
year and a district's pupil enrollment for any preceding budget year shall11
not include any pupil who is or was enrolled in a charter school that was12
originally authorized by the district but was subsequently converted, on13
or after July 1, 2010, to an institute charter school or to a charter school14
of a district contiguous to the originally authorizing district.15
(VI) Notwithstanding any provision of this paragraph (e) to the16
contrary, for the 2013-14 budget year and each budget year thereafter, for17
the purposes of this subsection (7), if a district's funded pupil count18
calculated pursuant to this subsection (7) for a budget year is fewer than19
fifty pupils, the district's funded pupil count for the budget year is fifty20
pupils.21
(VII) For the 2019-20 budget year and each budget year22
thereafter, solely for the purpose of averaging pupil enrollment pursuant23
to subsection (7)(e)(I) of this section for a district that operates a full-day24
kindergarten educational program, the department of education shall25
adjust the district's pupil enrollments for the 2018-19, 2017-18, 2016-17,26
and 2015-16 budget years by counting each pupil enrolled in a full-day27
1448
-19- kindergarten educational program in one of those budget years as a1
full-time student. The adjustment to pupil enrollment made pursuant to2
this subsection (7)(e)(VII) does not affect or change the funded pupil3
count used to calculate a district's fiscal year spending limitation pursuant4
to section 20 of article X of the state constitution for a budget year5
commencing before July 1, 2019.6
(f) (I) For budget years commencing on and after July 1, 2023, the7
district's online pupil enrollment for the applicable budget year plus the8
district's supplemental kindergarten enrollment for the applicable budget9
year plus the district's extended high school pupil enrollment for the10
applicable budget year, plus the greater of:11
(A) The district's pupil enrollment for the applicable budget year;12
or13
(B) The average of the district's pupil enrollment for the14
applicable budget year and the district's pupil enrollment for the15
immediately preceding budget year; or16
(C) The average of the district's pupil enrollment for the17
applicable budget year and the district's pupil enrollment for the two18
immediately preceding budget years; or19
(D) The average of the district's pupil enrollment for the20
applicable budget year and the district's pupil enrollment for the three21
immediately preceding budget years; or22
(E) The average of the district's pupil enrollment for the23
applicable budget year and the district's pupil enrollment for the four24
immediately preceding budget years.25
(II) Notwithstanding any provision of law to the contrary, for26
purposes of subsection (7)(f)(I) of this section, a district's funded pupil27
1448
-20- count includes the certified pupil enrollment and online pupil enrollment1
of each operating institute charter school for which the district is the2
accounting district, as provided pursuant to subsections (7)(f)(II.5) and3
(7)(f)(II.6) of this section. The department of education shall add the4
institute charter school's certified pupil enrollment and online pupil5
enrollment to the funded pupil count of the district prior to calculating the6
district's total program pursuant to section 22-54-104.7
(II.5) For purposes of subsection (7)(f)(II) of this section, each8
operating institute charter school's certified pupil enrollment is the greater9
of:10
(A) The operating institute charter school's pupil enrollment for11
the applicable budget year;12
(B) The average of the operating institute charter school's pupil13
enrollment for the applicable budget year and the operating institute14
charter school's pupil enrollment for the immediately preceding budget15
year;16
(C) The average of the operating institute charter school's pupil17
enrollment for the applicable budget year and the operating institute18
charter school's pupil enrollment for the two immediately preceding19
budget years;20
(D) The average of the operating institute charter school's pupil21
enrollment for the applicable budget year and the operating institute22
charter school's pupil enrollment for the three immediately preceding23
budget years; or24
(E) The average of the operating institute charter school's pupil25
enrollment for the applicable budget year and the operating institute26
charter school's pupil enrollment for the four immediately preceding27
1448
-21- budget years.1
(II.6) Notwithstanding any provision of law to the contrary, for2
purposes of subsection (7)(f)(II.5) of this section, an operating institute3
charter school's pupil enrollment includes its online pupil enrollment,4
except for multi-district online school pupil enrollment.5
(III) The general assembly finds and declares that for the purposes6
of section 17 of article IX of the state constitution, averaging a district's7
pupil enrollment for the applicable budget year and the district's pupil8
enrollment for the four immediately preceding budget years pursuant to9
subsection (7)(f)(I)(E) of this section, and the averaging of an operating10
institute charter school's pupil enrollment and online pupil enrollment11
pursuant to subsections (7)(f)(II.5) and (7)(f)(II.6), is a program for12
accountable education reform and may therefore receive funding from the13
state education fund created in section 17 (4) of article IX of the state14
constitution.15
(IV) Notwithstanding any provision of law to the contrary, for the16
2010-11 budget year and each budget year thereafter, for the purposes of17
this subsection (7)(f), a district's pupil enrollment for the applicable18
budget year and a district's pupil enrollment for any preceding budget19
year do not include any pupil who is or was enrolled in a charter school20
that was originally authorized by the district but was subsequently21
converted, on or after July 1, 2010, to an institute charter school or to a22
charter school of a district contiguous to the originally authorizing23
district.24
(V) Notwithstanding any provision of this subsection (7)(f) to the25
contrary, for the 2013-14 budget year and each budget year thereafter, for26
the purposes of this subsection (7), if a district's funded pupil count27
1448
-22- calculated pursuant to this subsection (7) for a budget year is fewer than1
fifty pupils, the district's funded pupil count for the budget year is fifty2
pupils.3
(VI) For the 2019-20 budget year and each budget year thereafter,4
solely for the purpose of averaging pupil enrollment pursuant to5
subsection (7)(f)(I) of this section for a district that operates a full-day6
kindergarten educational program, the department of education shall7
adjust the district's pupil enrollments for the 2018-19, 2017-18, 2016-17,8
and 2015-16 budget years by counting each pupil enrolled in a full-day9
kindergarten educational program in one of those budget years as a10
full-time student. The adjustment to pupil enrollment made pursuant to11
this subsection (7)(f)(VI) does not affect or change the funded pupil count12
used to calculate a district's fiscal year spending limitation pursuant to13
section 20 of article X of the state constitution for a budget year14
commencing before July 1, 2019.15
(8.5) (a) "Online pupil enrollment" means:16
(II) For the 2008-09 budget year, and for budget years thereafter,17
The number of pupils, on the pupil enrollment count day within the18
applicable budget year, enrolled in, attending, and actively participating19
in a multi-district online school, as defined in section 22-30.7-102 (6),20
created pursuant to article 30.7 of this title TITLE 22.21
(b) For budget years beginning on or after July 1, 2004, A22
district's online pupil enrollment shall include INCLUDES the certified23
online pupil enrollment of each operating institute charter school for24
which the district is the accounting district. The department of education25
shall add the institute charter school's certified online pupil enrollment to26
the online pupil enrollment of the district prior to calculating the district's27
1448
-23- total program. pursuant to section 22-54-104.1
(10) (a) (II) "Pupil enrollment" shall include INCLUDES:2
(A) For the 2007-08 budget year, a pupil who was enrolled during3
the 2001-02 school year in an online program authorized pursuant to4
section 22-33-104.6, as it existed prior to July 1, 2007, and who is5
enrolled and participates in any such online program on October 1 within6
the applicable budget year or the school day nearest said date.7
(B) For the 2008-09 budget year, and for budget years thereafter,8
A pupil who is enrolled in, attending, and actively participating in a9
single-district online program or online school operated pursuant to10
article 30.7 of this title TITLE 22.11
(III.5) For the 2009-10 budget year and budget years thereafter,12
"pupil enrollment" shall include "PUPIL ENROLLMENT" INCLUDES any13
juvenile to whom the school district is providing educational services14
pursuant to section 22-32-141 as of the pupil enrollment count day of the15
applicable budget year.16
(V) Notwithstanding the provisions of this paragraph (a), for the17
2008-09 budget year and each budget year thereafter, "pupil enrollment"18
shall not "PUPIL ENROLLMENT" DOES NOT include a pupil who is placed19
in a facility, as defined in section 22-2-402 (3), and is receiving services20
through an approved facility school, as defined in section 22-2-402 (1).21
(b) (I) For budget years commencing before the 2019-20 budget22
year, a pupil enrolled in a kindergarten educational program pursuant to23
section 22-32-119 (1) is counted as not more than a half-day pupil. For24
the 2019-20 budget year and each budget year thereafter, A pupil WHO IS25
enrolled in a kindergarten educational program pursuant to section26
22-32-119 is counted as a full-time pupil, except as otherwise provided27
1448
-24- in subsection (10)(e.5)(I) of this section. For the 2005-06 budget year and1
each budget year thereafter, A district shall count and receive funding2
only for pupils enrolled in a kindergarten educational program who are:3
(d) (I) For budget years commencing prior to July 1, 2023, a three-4
or four-year-old pupil with a disability receiving an educational program5
under the "Exceptional Children's Educational Act", article 20 of this title,6
shall be counted as a half-day pupil.7
(II) Notwithstanding any provision of this subsection (10) to the8
contrary, for budget years commencing on or after July 1, 2005, but prior9
to July 1, 2023, a district may choose to determine the number of three-10
and four-year-old pupils with disabilities enrolled and receiving11
educational programs under the "Exceptional Children's Educational12
Act", article 20 of this title 22, as of November 1 within the applicable13
budget year or the school date nearest said date, rather than on the pupil14
enrollment count day, as evidenced by the actual attendance of such15
pupils on November 1 or the school date nearest said date. The "pupil16
enrollment" of the district must include the number of pupils so enrolled17
who are counted as half-day pupils.18
(III) For the 2023-24 budget year and budget years thereafter, A19
district shall not include a three- or four-year-old pupil with a disability20
who is receiving an educational program under the "Exceptional21
Children's Educational Act", article 20 of this title 22, but is not enrolled22
in kindergarten, in the district's pupil enrollment, but shall certify to the23
department the number of said three- and four-year-old pupils with24
disabilities who are receiving an educational program from the district for25
purposes of receiving funding pursuant to part 1 of article 20 of this title26
22.27
1448
-25- (f) (I) For budget years commencing before July 1, 2023, in1
certifying the district's pupil enrollment to the state board pursuant to the2
provisions of section 22-54-112, the district shall specify the number of3
pupils enrolled in kindergarten through twelfth grade, specifying those4
who are enrolled as full-time pupils and those who are enrolled as less5
than full-time pupils; the number of expelled pupils receiving educational6
services pursuant to section 22-33-203; the number of pupils enrolled in7
the district's preschool program; the number of pupils receiving8
educational programs under the "Exceptional Children's Educational9
Act", article 20 of this title 22; the number of at-risk pupils; and the10
number of English language learner pupils.11
(II) For the 2023-24 budget year and each budget year thereafter,12
In certifying the district's pupil enrollment to the state board pursuant to13
the provisions of section 22-54-112, the district shall specify the number14
of pupils enrolled in kindergarten through twelfth grade, specifying those15
who are enrolled as full-time pupils and those who are enrolled as less16
than full-time pupils; the number of expelled pupils receiving educational17
services pursuant to section 22-33-203; the number of at-risk pupils; the18
number of English language learner pupils; and the number of pupils19
receiving educational programs under the "Exceptional Children's20
Educational Act", article 20 of this title 22, who are enrolled in21
kindergarten through twelfth grade.22
(g) For the 2018-19 and 2019-20 budget years, a district may23
include in its pupil enrollment pupils who are enrolled in a school that24
was designated pursuant to section 22-35-103 (10) as an early college25
before June 6, 2018, and who, after completing four years of high school,26
enroll for the 2018-19 or 2019-20 budget years in postsecondary courses.27
1448
-26- (h) (I) For the 2019-20 budget year and each budget year1
thereafter, With regard to a pupil who is simultaneously enrolled in a2
district or institute charter school and in one or more postsecondary3
courses, a district or institute charter school must submit evidence of:4
(10.5) (b) On or before July 1, 2012, The state board shall5
promulgate rules establishing the meaning of "major religious holiday"6
for the purposes of this subsection (10.5).7
(10.7) "S
PECIAL EDUCATION PUPILS" MEANS THE NUMBER OF8
DISTRICT PUPILS WHO ARE CHILDREN WITH DISABILITIES , AS DEFINED IN9
SECTION 22-20-103 (5).10
(14) (a) "Statewide average percentage of at-risk pupils" means,
11
for budget years commencing prior to July 1, 2023, the total number of12
at-risk pupils in all districts, as determined in accordance with subsection13
(1.5) of this section, divided by the pupil enrollment of all districts, as14
determined in accordance with subsection (10) of this section; except that15
pupil enrollment does not include the number of pupils enrolled in the16
Colorado preschool program pursuant to article 28 of this title and the17
number of three-year-old or four-year-old pupils with disabilities18
receiving educational programs pursuant to article 20 of this title.19
(b) "Statewide average percentage of at-risk pupils" means for the20
2023 budget year and each budget year thereafter, the total number of21
at-risk pupils in all districts, as determined in accordance with subsection22
(1.5) of this section, divided by the pupil enrollment of all districts, as23
determined in accordance with subsection (10) of this section.24
(15) "Supplemental kindergarten enrollment" means the number25
calculated by subtracting five-tenths from the full-day kindergarten factor26
for the applicable budget year and then multiplying that number by the27
1448
-27- number of pupils in the district who are enrolled part-time in a 1
kindergarten educational program for the applicable budget year. For the2
purposes of this subsection (15), the full-day kindergarten factor for the3
2008-09 budget year and each budget year thereafter is fifty-eight4
hundredths of a full-day pupil.5
SECTION 4. In Colorado Revised Statutes, add 22-54-103.1 as6
follows:7
22-54-103.1. Protection of student data. N
OTWITHSTANDING8
ANY PROVISION OF THIS ARTICLE 54, THE DEPARTMENT OF EDUCATION ,9
THE STATE CHARTER SCHOOL INSTITUTE, AND EACH SCHOOL DISTRICT AND10
PUBLIC SCHOOL SHALL COMPLY WITH ALL FEDERAL AND STATE LAWS11
REGARDING THE PROTECTION OF STUDENT DATA , INCLUDING THE FEDERAL12
"F
AMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974", 20 U.S.C.13
SEC. 1232g, AS AMENDED, AND ALL REGULATIONS AND GUIDELINES14
ADOPTED PURSUANT TO IT, AND THE "STUDENT DATA TRANSPARENCY15
AND SECURITY ACT", ARTICLE 16 OF THIS TITLE 22, AND ANY RULES16
PROMULGATED PURSUANT TO IT . AT A MINIMUM, THIS INCLUDES17
REDACTING INFORMATION AS REQUIRED TO COMPLY WITH FEDERAL AND18
STATE LAWS REGARDING THE PROTECTION OF STUDENT DATA IN19
PUBLISHED DOCUMENTS OR REPORTS REGARDING FUNDING PURSUANT TO20
THIS ARTICLE 54.21
SECTION 5. In Colorado Revised Statutes, add 22-54-103.2 as22
follows:23
22-54-103.2. District total program formula report.24
(1) BEGINNING JANUARY 2026, AND EACH JANUARY THEREAFTER, THE25
DEPARTMENT OF EDUCATION SHALL REPORT , AT A MINIMUM, THE26
INFORMATION DESCRIBED IN SUBSECTION (2) OF THIS SECTION TO THE27
1448
-28- EDUCATION COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE1
SENATE, OR THEIR SUCCESSOR COMMITTEES , AS PART OF THE "SMART2
ACT" PRESENTATION REQUIRED PURSUANT TO PART 2 OF ARTICLE 7 OF3
TITLE 2.4
(2) IN ITS REPORT DESCRIBED PURSUANT TO SUBSECTION (1) OF5
THIS SECTION, THE DEPARTMENT OF EDUCATION SHALL REPORT , AT A6
MINIMUM, DATA DEMONSTRATING:7
(A) THE SUCCESSES AND CHALLENGES OF DETERMINING A8
DISTRICT'S TOTAL PROGRAM PURSUANT TO SECTION 22-54-103.3 FOR9
REPORTS CONCERNING THE 2025-26 BUDGET YEAR THROUGH THE 2029-3010
BUDGET YEAR, AND THE SUCCESSES AND CHALLENGES OF DETERMINING A11
DISTRICT'S TOTAL PROGRAM PURSUANT TO SECTION 22-54-103.5 FOR12
REPORTS CONCERNING THE 2030-31 BUDGET YEAR AND EACH BUDGET13
YEAR THEREAFTER;14
(b) HOW DISTRICT TOTAL PROGRAM, DETERMINED PURSUANT TO15
SECTION 22-54-103.3 FOR REPORTS CONCERNING THE 2025-26 BUDGET16
YEAR THROUGH THE 2029-30 BUDGET YEAR AND DETERMINED PURSUANT17
TO SECTION 22-54-103.5 FOR REPORTS CONCERNING THE 2030-31 BUDGET18
YEAR AND EACH BUDGET YEAR THEREAFTER, IS BEING USED AT THE19
SCHOOL LEVEL, INCLUDING TRADITIONAL PUBLIC SCHOOLS, DISTRICT20
CHARTER SCHOOLS, AND INSTITUTE CHARTER SCHOOLS, AND INFORMATION21
CURRENTLY REPORTED BY THE DEPARTMENT OF EDUCATION IN DISTRICT22
PERFORMANCE SNAPSHOTS ; AND23
(c) TRENDS AND CHALLENGES WITH DECLINING PUPIL24
ENROLLMENT, INFLUXES OF NEW ARRIVAL STUDENTS, AND STUDENTS WHO25
ENROLL IN OR DISENROLL FROM ANY PUBLIC SCHOOL, INCLUDING CHARTER26
SCHOOLS.27
1448
-29- (3) AT A MINIMUM, THE DATA DESCRIBED IN SUBSECTION (2) OF1
THIS SECTION MUST INCLUDE:2
(a) THE STATEWIDE AVERAGE AMOUNT OF PER PUPIL REVENUE FOR3
AN AT-RISK PUPIL;4
(b) THE STATEWIDE AVERAGE AMOUNT OF PER PUPIL REVENUE FOR5
AN ENGLISH LANGUAGE LEARNER PUPIL ;6
(c) THE STATEWIDE AVERAGE AMOUNT OF PER PUPIL REVENUE FOR7
A SPECIAL EDUCATION PUPIL;8
(d) THE DISTRICT AVERAGE AMOUNT OF PER PUPIL REVENUE FOR9
AN AT-RISK PUPIL;10
(e) THE DISTRICT AVERAGE AMOUNT OF PER PUPIL REVENUE FOR11
AN ENGLISH LANGUAGE LEARNER PUPIL ;12
(f) THE DISTRICT AVERAGE AMOUNT OF PER PUPIL REVENUE FOR A13
SPECIAL EDUCATION PUPIL;14
(g) THE PER PUPIL REVENUE FOR EACH PUBLIC SCHOOL IN THE15
DISTRICT; AND16
(h) THE PROJECTED SHARE OF PER PUPIL REVENUE FOR EACH17
PUBLIC SCHOOL IN THE DISTRICT, BASED ON ENROLLMENT.18
(4) NOTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-13619
(11)(a)(I), THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS20
SECTION CONTINUES INDEFINITELY.21
SECTION 6. In Colorado Revised Statutes, add 22-54-103.3 as22
follows:23
22-54-103.3. District total program - 2025-26 through 2029-3024
budget years - definitions - repeal. (1) (a) N OTWITHSTANDING ANY25
PROVISION OF LAW TO THE CONTRARY , FOR THE 2025-26 BUDGET YEAR26
THROUGH THE 2029-30 BUDGET YEAR, THE DEPARTMENT OF EDUCATION27
1448
-30- SHALL DETERMINE EACH DISTRICT'S TOTAL PROGRAM PURSUANT TO THIS1
SECTION. THE DISTRICT'S TOTAL PROGRAM IS AVAILABLE TO THE DISTRICT2
TO FUND THE COSTS OF PROVIDING PUBLIC EDUCATION , AND, EXCEPT AS3
OTHERWISE PROVIDED IN SECTION 22-54-105, THE DISTRICT HAS THE4
DISCRETION TO DETERMINE THE AMOUNTS AND PURPOSES FOR BUDGETING5
AND EXPENDING ITS DISTRICT TOTAL PROGRAM MONEY .6
(b) N
OTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION TO7
THE CONTRARY, IF A DISTRICT IS AN INSTITUTE CHARTER SCHOOL 'S8
ACCOUNTING DISTRICT , THEN THE DISTRICT TOTAL PROGRAM9
DETERMINATION PURSUANT TO THIS SECTION ALSO REPRESENTS THE10
INSTITUTE CHARTER SCHOOL'S FINANCIAL BASE OF SUPPORT FOR PUBLIC11
EDUCATION, EVEN THOUGH THE INSTITUTE CHARTER SCHOOL IS NOT THE12
DISTRICT'S SCHOOL. THE AMOUNT OF THE DISTRICT 'S STATE SHARE OF13
TOTAL PROGRAM THAT IS WITHHELD FROM THE DISTRICT AND PAID TO THE14
STATE CHARTER SCHOOL INSTITUTE PURSUANT TO SECTION 22-54-11515
(1.3)
IS NOT AVAILABLE TO OR UNDER THE CONTROL OF THE DISTRICT BUT16
IS AVAILABLE TO AND UNDER THE CONTROL OF THE INSTITUTE CHARTER17
SCHOOL'S GOVERNING BOARD TO FUND THE COSTS OF PROVIDING PUBLIC18
EDUCATION TO STUDENTS ENROLLED IN THE INSTITUTE CHARTER SCHOOL .19
T
HE INSTITUTE CHARTER SCHOOL HAS THE DISCRETION TO D ETERMINE THE20
AMOUNTS AND PURPOSES FOR BUDGETING AND EXPENDING ITS TOTAL21
PROGRAM MONEY.22
(c) AS USED IN THIS SECTION, "FOR THE 2025-26 BUDGET YEAR23
THROUGH THE 2029-30 BUDGET YEAR" MEANS THE 2025-26 BUDGET24
YEAR, THE 2026-27 BUDGET YEAR, THE 2027-28 BUDGET YEAR, THE25
2028-29 BUDGET YEAR, AND THE 2029-30 BUDGET YEAR.26
(2) F
OR THE 2025-26 BUDGET YEAR THROUGH THE 2029-3027
1448
-31- BUDGET YEAR, THE DEPARTMENT OF EDUCATION SHALL CALCULATE EACH1
DISTRICT'S TOTAL PROGRAM PURSUANT TO SECTIONS 22-54-103.5 AND2
22-54-104.3
(3)
FOR THE 2025-26 BUDGET YEAR THROUGH THE 2029-304
BUDGET YEAR, A DISTRICT'S TOTAL PROGRAM IS
THE GREATER OF THE5
DISTRICT'S TOTAL PROGRAM CALCULATION PURSUANT TO SECTION6
22-54-104 PLUS ONE-HALF PERCENT OF THE DISTRICT'S TOTAL PROGRAM7
CALCULATION PURSUANT TO SECTION 22-54-104, OR:8
(a) F
OR THE 2025-26 BUDGET YEAR,
THE AMOUNT CALCULATED9
PURSUANT TO SECTION 22-54-104 PLUS AN AMOUNT EQUAL TO EIGHTEEN10
PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICT 'S TOTAL PROGRAM11
CALCULATION PURSUANT TO SECTION 22-54-103.5 AND THE DISTRICT'S12
TOTAL PROGRAM CALCULATION PURSUANT TO SECTION 22-54-104;13
(b) F
OR THE 2026-27 BUDGET YEAR,
THE AMOUNT CALCULATED14
PURSUANT TO SECTION 22-54-104 PLUS AN AMOUNT EQUAL TO15
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,
THE AMOUNT CALCULATED20
PURSUANT TO SECTION 22-54-104 PLUS AN AMOUNT EQUAL TO FIFTY21
PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICT 'S TOTAL PROGRAM22
CALCULATION PURSUANT TO SECTION 22-54-103.5 AND THE DISTRICT'S23
TOTAL PROGRAM CALCULATION PURSUANT TO SECTION 22-54-104;24
(d) F
OR THE 2028-29 BUDGET YEAR,
THE AMOUNT CALCULATED25
PURSUANT TO SECTION 22-54-104 PLUS AN AMOUNT EQUAL TO SIXTY-SIX26
PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICT 'S TOTAL PROGRAM27
1448
-32- CALCULATION PURSUANT TO SECTION 22-54-103.5 AND THE DISTRICT'S1
TOTAL PROGRAM CALCULATION PURSUANT TO SECTION 22-54-104; AND2
(e) F
OR THE 2029-30 BUDGET YEAR,
THE AMOUNT CALCULATED3
PURSUANT TO SECTION 22-54-104 PLUS AN AMOUNT EQUAL TO4
EIGHTY-TWO PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICT 'S5
TOTAL PROGRAM CALCULATION PURSUANT TO SECTION 22-54-103.5 AND6
THE DISTRICT'S TOTAL PROGRAM CALCULATION PURSUANT TO SECTION7
22-54-104.8
(4) F
OR THE 2024-25 BUDGET YEAR THROUGH THE 2029-309
BUDGET YEAR, THE JOINT BUDGET COMMITTEE SHALL MONITOR THE FISCAL10
IMPACT OF THE DISTRICT TOTAL PROGRAM DETERMINATIONS PURSUANT TO11
THIS SECTION AND THE FISCAL IMPACT OF THE TRANSITION TO THE TOTAL12
PROGRAM FORMULA PURSUANT TO SECTION 22-54-103.5. AT A MINIMUM,13
THE JOINT BUDGET COMMITTEE SHALL CONSIDER IMMEDIATE AND14
FORECASTED ECONOMIC CONDITIONS , THE IMPACT OR TREND OF THE15
STATEWIDE TOTAL LOCAL SHARE OF TOTAL PROGRAM FUNDING ,
THE16
IMPACT OR TREND OF THE STATE EDUCATION FUND, AND ANY OTHER17
DATA-DRIVEN CONSIDERATIONS NECESSARY TO ENSURE THE SUSTAINABLE18
TRANSITION TO AND IMPLEMENTATION OF A NEW TOTAL PROGRAM19
FORMULA. THE JOINT BUDGET COMMITTEE AND THE GENERAL ASSEMBLY20
MAY TAKE ACTION NECESSARY TO ENSURE THE SUSTAINABLE TRANSITION21
TO AND IMPLEMENTATION OF A NEW TOTAL PROGRAM FORMULA . DURING22
THE 2024-25 BUDGET YEAR, AFTER THE DEPARTMENT OF EDUCATION23
MAKES MID-YEAR REVISIONS TO REPLACE PROJECTIONS WITH ACTUAL24
FIGURES WHEN DETERMINING EACH DISTRICT'S TOTAL PROGRAM FOR THE25
2024-25 BUDGET YEAR, THE JOINT BUDGET COMMITTEE SHALL DEVELOP26
A SUSTAINABILITY PLAN THAT MAKES FINDINGS AND RECOMMENDATIONS27
1448
-33- REGARDING HOW THE GENERAL ASSEMBLY CAN FULLY FUND TOTAL1
PROGRAM DETERMINATIONS PURSUANT TO SECTIONS 22-54-103.3 AND2
22-54-103.5. DURING THE 2025-26 BUDGET YEAR, AND EACH YEAR3
THEREAFTER, AFTER THE DEPARTMENT OF EDUCATION MAKES MID-YEAR4
REVISIONS TO REPLACE PROJECTIONS WITH ACTUAL FIGURES WHEN5
DETERMINING EACH DISTRICT'S TOTAL PROGRAM, THE JOINT BUDGET6
COMMITTEE SHALL REVIEW THE SUSTAINABILITY PLAN AND UPDATE IT AS7
NECESSARY.8
(5) (a) AS USED IN THIS SUBSECTION (5), UNLESS THE CONTEXT9
OTHERWISE REQUIRES:10
(I) "ASSESSMENT YEAR" MEANS A BUDGET YEAR WHEN THE11
LATTER HALF OF THE BUDGET YEAR OCCURS DURING AN EVEN-NUMBERED12
CALENDAR YEAR.13
(II) "INFLATION" MEANS, FOR ANY BUDGET YEAR, THE ANNUAL14
PERCENTAGE CHANGE IN THE UNITED STATES DEPARTMENT OF LABOR15
STATISTICS CONSUMER PRICE INDEX FOR DENVER-BOULDER, OR ITS16
APPLICABLE SUCCESSOR INDEX, FOR ALL ITEMS PAID BY ALL URBAN17
CONSUMERS FOR THE CALENDAR YEAR BEFORE THE APPLICABLE BUDGET18
YEAR.19
(III) "NON-ASSESSMENT YEAR" MEANS A BUDGET YEAR WHEN THE20
LATTER HALF OF THE BUDGET YEAR OCCURS DURING AN ODD-NUMBERED21
CALENDAR YEAR.22
(b) NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE 54, FOR23
THE 2024-25 BUDGET YEAR THROUGH THE 2029-30 BUDGET YEARS, IF THE24
JOINT BUDGET COMMITTEE DETERMINES THAT ANY ONE OF THE25
CONDITIONS DESCRIBED IN SUBSECTION (5)(c) OF THIS SECTION26
OCCURRED:27
1448
-34- (I) FOR THE NEXT BUDGET YEAR, AND FOR EACH BUDGET YEAR1
THEREAFTER, THE DEPARTMENT OF EDUCATION SHALL CALCULATE AND2
DETERMINE EACH DISTRICT'S TOTAL PROGRAM PURSUANT TO THE3
CALCULATION AND DETERMINATION REQUIRED FOR THE BUDGET YEAR4
WHEN THE CONDITION DESCRIBED IN SUBSECTION (5)(c) OF THIS SECTION5
OCCURRED; AND6
(II) THE JOINT BUDGET COMMITTEE SHALL PROMPTLY NOTIFY THE7
SPEAKER OF THE HOUSE OF REPRESENTATIVES ; THE PRESIDENT OF THE8
SENATE; THE MINORITY LEADERS OF THE HOUSE OF REPRESENTATIVES AND9
THE SENATE; THE EDUCATION COMMITTEES OF THE HOUSE OF10
REPRESENTATIVES AND THE SENATE , OR ANY SUCCESSOR COMMITTEES;11
AND THE COMMISSIONER OF THE DEPARTMENT OF EDUCATION THAT THE12
CONDITION DESCRIBED IN SUBSECTION (5)(c) OF THIS SECTION OCCURRED,13
AND THAT EACH DISTRICT'S TOTAL PROGRAM WILL BE CALCULATED AND14
DETERMINED PURSUANT TO SUBSECTION (5)(b)(I) OF THIS SECTION FOR15
THE NEXT BUDGET YEAR, AND FOR EACH BUDGET YEAR THEREAFTER .16
(c) (I) THE REQUIREMENTS DESCRIBED IN SUBSECTION (5)(b) OF17
THIS SECTION ARE INITIATED IF:18
(A) IN AN ASSESSMENT YEAR , THE PERCENT CHANGE IN THE19
STATEWIDE TOTAL LOCAL SHARE OF TOTAL PROGRAM FUNDING FOR THE20
CURRENT BUDGET YEAR TO THE STATEWIDE TOTAL LOCAL SHARE OF THE21
TOTAL PROGRAM FUNDING FOR THE PRIOR BUDGET YEAR IS AN AMOUNT22
THAT IS LESS THAN INFLATION MINUS TWO PERCENT ;23
(B) IN A NON-ASSESSMENT YEAR, THE STATEWIDE TOTAL LOCAL24
SHARE OF TOTAL PROGRAM FUNDING FOR THE CURRENT BUDGET YEAR25
COMPARED TO THE STATEWIDE TOTAL LOCAL SHARE OF THE TOTAL26
PROGRAM FUNDING FOR THE PRIOR BUDGET YEAR IS AN AMOUNT THAT27
1448
-35- DECREASED BY TWO PERCENT OR MORE ; OR1
(C) IN EITHER AN ASSESSMENT YEAR OR A NON-ASSESSMENT YEAR,2
THE MARCH REVENUE FORECAST RELIED ON BY THE GENERAL ASSEMBLY3
IN SETTING THE BUDGET FOR THE NEXT STATE FISCAL YEAR ESTIMATES4
THAT THE INCOME TAX DIVERSION TO THE STATE EDUCATION FUND , AS5
REQUIRED PURSUANT TO SECTION 17 OF ARTICLE IX OF THE STATE6
CONSTITUTION, WILL DECREASE BY FIVE PERCENT OR MORE IN EITHER THE7
CURRENT BUDGET YEAR OR THE NEXT BUDGET YEAR .8
(II) THE REQUIREMENTS DESCRIBED IN SUBSECTION (5)(b) OF THIS9
SECTION ARE INITIATED IF ANY OF THE FOLLOWING ESTIMATE THAT THE10
CONDITIONS DESCRIBED IN SUBSECTION (5)(c)(I)(A) OR (5)(c)(I)(B) OF11
THIS SECTION WILL OCCUR:12
(A) INFORMATION CONCERNING LOCAL SHARE OF TOTAL PROGRAM13
FUNDING RELEVANT TO THIS ARTICLE 54 CONTAINED IN A DECEMBER14
REVENUE FORECAST PREPARED BY THE LEGISLATIVE COUNCIL STAFF ;15
(B) INFORMATION CONTAINED IN THE FINAL FISCAL NOTE16
PREPARED BY THE LEGISLATIVE COUNCIL STAFF CONCERNING THE17
ESTIMATED IMPACT OF AN ACT OF THE GENERAL ASSEMBLY THAT BECOMES18
LAW THAT REDUCES PROPERTY TAXES ; OR19
(C) INFORMATION CONTAINED IN THE FISCAL IMPACT STATEMENT20
IN THE BALLOT INFORMATION BOOKLET PREPARED BY THE DIRECTOR OF21
RESEARCH OF THE LEGISLATIVE COUNCIL OF THE GENERAL ASSEMBLY22
PURSUANT TO SECTION 1-40-124.5, CONCERNING THE ESTIMATED IMPACT23
OF AN INITIATIVE OR REFERRED MEASURE THAT IS APPROVED BY THE24
PEOPLE AND BECOMES LAW UPON OFFICIAL DECLARATION OF THE VOTE BY25
THE GOVERNOR, THAT REDUCES PROPERTY TAXES .26
(6) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2031.27
1448
-36- SECTION 7. In Colorado Revised Statutes, add 22-54-103.5 as1
follows:2
22-54-103.5. District total program - rules - legislative3
declaration - repeal. (1) (a) F
OR THE 2030-31 BUDGET YEAR AND EACH4
BUDGET YEAR THEREAFTER , THE DEPARTMENT OF EDUCATION SHALL USE5
THIS SECTION TO DETERMINE EACH DISTRICT 'S TOTAL PROGRAM. THE6
DISTRICT'S TOTAL PROGRAM IS AVAILABLE TO THE DISTRICT TO FUND THE7
COSTS OF PROVIDING PUBLIC EDUCATION , AND, EXCEPT AS OTHERWISE8
PROVIDED IN SECTION 22-54-105, THE DISTRICT HAS THE DISCRETION TO9
DETERMINE THE AMOUNTS AND PURPOSES FOR BUDGETING AND10
EXPENDING ITS DISTRICT TOTAL PROGRAM MONEY .11
(b) N
OTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION TO12
THE CONTRARY, IF A DISTRICT IS AN INSTITUTE CHARTER SCHOOL 'S13
ACCOUNTING DISTRICT , THEN THE DISTRICT TOTAL PROGRAM14
DETERMINATION PURS UANT TO THIS SECTION ALSO REPRESENTS THE15
INSTITUTE CHARTER SCHOOL'S FINANCIAL BASE OF SUPPORT FOR PUBLIC16
EDUCATION, EVEN THOUGH THE INSTITUTE CHARTER SCHOOL IS NOT THE17
DISTRICT'S SCHOOL. THE AMOUNT OF THE DISTRICT 'S STATE SHARE OF18
TOTAL PROGRAM THAT IS WITHHELD FROM THE DISTRICT AND PAID TO THE19
STATE CHARTER SCHOOL INSTITUTE PURSUANT TO SECTION 22-54-11520
(1.3)
IS NOT AVAILABLE TO OR UNDER THE CONTROL OF THE DISTRICT BUT21
IS AVAILABLE TO AND UNDER THE CONTROL OF THE INSTITUTE CHARTER22
SCHOOL'S GOVERNING BOARD TO FUND THE COSTS OF PROVIDING PUBLIC23
EDUCATION TO STUDENTS ENROLLED IN THE INSTITUTE CHARTER SCHOOL .24
T
HE INSTITUTE CHARTER SCHOOL HAS THE DISCRETION TO DETERMINE THE25
AMOUNTS AND PURPOSES FOR BUDGETING AND EXPENDING ITS TOTAL26
PROGRAM MONEY.27
1448
-37- (c) (I) NOTWITHSTANDING ANY PROVISION OF LAW TO THE1
CONTRARY, FOR THE 2025-26 BUDGET YEAR THROUGH THE 2029-302
BUDGET YEAR, THE DEPARTMENT OF EDUCATION SHALL CALCULATE EACH3
DISTRICT'S TOTAL PROGRAM PURSUANT TO THIS SECTION FOR THE PURPOSE4
OF DETERMINING EACH DISTRICT'S TOTAL PROGRAM PURSUANT TO SECTION5
22-54-103.3.
THE DISTRICT'S TOTAL PROGRAM IS AVAILABLE TO THE6
DISTRICT TO FUND THE COSTS OF PROVIDING PUBLIC EDUCATION , AND,7
EXCEPT AS OTHERWISE PROVIDED IN SECTION 22-54-105, THE DISTRICT8
HAS THE DISCRETION TO DETERMINE THE AMOUNTS AND PURPOSES FOR9
BUDGETING AND EXPENDING ITS DISTRICT TOTAL PROGRAM MONEY .10
(II) N
OTWITHSTANDING SUBSECTION (1)(c)(I) OF THIS SECTION TO11
THE CONTRARY, IF A DISTRICT IS AN INSTITUTE CHARTER SCHOOL 'S12
ACCOUNTING DISTRICT , THEN THE DISTRICT TOTAL PROGRAM13
CALCULATION PURSUANT TO THIS SECTION ALSO REPRESENTS THE14
INSTITUTE CHARTER SCHOOL'S FINANCIAL BASE OF SUPPORT FOR PUBLIC15
EDUCATION, EVEN THOUGH THE INSTITUTE CHARTER SCHOOL IS NOT THE16
DISTRICT'S SCHOOL. THE AMOUNT OF THE DISTRICT 'S STATE SHARE OF17
TOTAL PROGRAM THAT IS WITHHELD FROM THE DISTRICT AND PAID TO THE18
STATE CHARTER SCHOOL INSTITUTE PURSUANT TO SECTION 22-54-11519
(1.3)
IS NOT AVAILABLE TO OR UNDER THE CONTROL OF THE DISTRICT BUT20
IS AVAILABLE TO AND UNDER THE CONTROL OF THE INSTITUTE CHARTER21
SCHOOL'S GOVERNING BOARD TO FUND THE COSTS OF PROVIDING PUBLIC22
EDUCATION TO STUDENTS ENROLLED IN THE INSTITUTE CHARTER SCHOOL .23
T
HE INSTITUTE CHARTER SCHOOL HAS THE DISCRETION TO DETERMINE THE24
AMOUNTS AND PURPOSES FOR BUDGETING AND EXPENDING ITS TOTAL25
PROGRAM MONEY.26
(III) T
HIS SUBSECTION (1)(c) IS REPEALED, EFFECTIVE JULY 1,27
1448
-38- 2031.1
(2) District total program formula. A
DISTRICT'S TOTAL2
PROGRAM IS:3
D
ISTRICT FOUNDATION FUNDING4
+
DISTRICT AT-RISK FUNDING5
+
DISTRICT ENGLISH LANGUAGE LEARNER FUNDING6
+
DISTRICT SPECIAL EDUCATION FUNDING7
+
DISTRICT COST OF LIVING FACTOR FUNDING8
+
DISTRICT LOCALE FACTOR FUNDING9
+
DISTRICT SIZE FACTOR FUNDING10
+
DISTRICT EXTENDED HIGH SCHOOL FUNDING11
+
DISTRICT ONLINE FUNDING.12
(3) Statewide base per pupil funding. (Reserved)13
(4) Funded pupil count. F
UNDED PUPIL COUNT IS:14
(a) T
HE DISTRICT'S ONLINE PUPIL ENROLLMENT FOR THE15
APPLICABLE BUDGET YEAR PLUS THE DISTRICT 'S SUPPLEMENTAL16
KINDERGARTEN ENROLLMENT FOR THE APPLICABLE BUDGET YEAR PLUS17
THE DISTRICT'S EXTENDED HIGH SCHOOL PUPIL ENROLLMENT FOR THE18
APPLICABLE BUDGET YEAR PLUS THE GREATER OF :19
(I) T
HE DISTRICT'S PUPIL ENROLLMENT FOR THE APPLICABLE20
BUDGET YEAR;21
(II) T
HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE22
APPLICABLE BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR23
THE IMMEDIATELY PRECEDING BUDGET YEAR ;24
(III) T
HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE25
APPLICABLE BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR26
THE TWO IMMEDIATELY PRECEDING BUDGET YEARS ; OR27
1448
-39- (IV) THE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE1
APPLICABLE BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR2
THE THREE IMMEDIATELY PRECEDING BUDGET YEARS .3
(b) (I) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE4
CONTRARY, FOR PURPOSES OF SUBSECTION (4)(a) OF THIS SECTION, A5
DISTRICT'S FUNDED PUPIL COUNT INCLUDES THE CERTIFIED PUPIL6
ENROLLMENT AND ONLINE PUPIL ENROLLMENT OF EACH OPERATING7
INSTITUTE CHARTER SCHOOL FOR WHICH THE DISTRICT IS THE ACC OUNTING8
DISTRICT, AS PROVIDED PURSUANT TO SUBSECTIONS (4)(b)(II) AND9
(4)(b)(III)
OF THIS SECTION. THE DEPARTMENT OF EDUCATION SHALL ADD10
THE INSTITUTE CHARTER SCHOOL 'S CERTIFIED PUPIL ENROLLMENT AND11
ONLINE PUPIL ENROLLMENT TO THE FUNDED PUPIL COUNT OF THE DISTRICT12
PRIOR TO CALCULATING THE DISTRICT 'S TOTAL PROGRAM PURSUANT TO13
THIS SECTION.14
(II) F
OR PURPOSES OF SUBSECTION (4)(b)(I) OF THIS SECTION,15
EACH OPERATING INSTITUTE CHARTER SCHOOL 'S CERTIFIED PUPIL16
ENROLLMENT IS THE GREATER OF:17
(A) T
HE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL18
ENROLLMENT FOR THE APPLICABLE BUDGET YEAR ;19
(B) T
HE AVERAGE OF THE OPERATING INSTITUTE CHARTER20
SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND21
THE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR22
THE IMMEDIATELY PRECEDING BUDGET YEAR ;23
(C) T
HE AVERAGE OF THE OPERATING INSTITUTE CHARTER24
SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND25
THE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR26
THE TWO IMMEDIATELY PRECEDING BUDGET YEARS ; OR27
1448
-40- (D) THE AVERAGE OF THE OPERATING INSTITUTE CHARTER1
SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND2
THE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR3
THE THREE IMMEDIATELY PRECEDING BUDGET YEARS .4
(III) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE5
CONTRARY, FOR PURPOSES OF SUBSECTION (4)(b)(II) OF THIS SECTION, AN6
OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT INCLUDES7
ITS ONLINE STUDENT ENROLLMENT , EXCEPT FOR MULTI-DISTRICT ONLINE8
SCHOOL STUDENT ENROLLMENT .9
(c) T
HE GENERAL ASSEMBLY FINDS AND DECLARES THAT FOR THE10
PURPOSES OF SECTION 17 OF ARTICLE IX OF THE STATE CONSTITUTION,11
AVERAGING A DISTRICT'S PUPIL ENROLLMENT FOR THE APPLICABLE12
BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR THE THREE13
IMMEDIATELY PRECEDING BUDGET YEARS PURSUANT TO THIS SUBSECTION14
(4),
AND AVERAGING AN OPERATING INSTITUTE CHARTER SCHOOL 'S15
STUDENT ENROLLMENT AND ONLINE PUPIL ENROLLMENT PURSUANT TO16
THIS SUBSECTION (4), IS A PROGRAM FOR ACCOUNTABLE EDUCATION17
REFORM AND MAY THEREFORE RECEIVE FUNDING FROM THE STATE18
EDUCATION FUND CREATED IN SECTION 17 (4) OF ARTICLE IX OF THE19
STATE CONSTITUTION.20
(d) (I) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE21
CONTRARY, FOR THE PURPOSES OF THIS SUBSECTION (4), A DISTRICT'S22
PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND A DISTRICT 'S23
PUPIL ENROLLMENT FOR A PRECEDING BUDGET YEAR DO NOT INCLUDE A24
PUPIL WHO IS OR WAS ENROLLED IN A CHARTER SCHOOL THAT WAS25
ORIGINALLY AUTHORIZED BY THE DISTRICT BUT WAS SUBSEQUENTLY26
CONVERTED, ON OR AFTER JULY 1, 2010, TO AN INSTITUTE CHARTER27
1448
-41- SCHOOL OR TO A CHARTER SCHOOL OF A DISTRICT CONTIGUOUS TO THE1
ORIGINALLY AUTHORIZING DISTRICT.2
(II) N
OTWITHSTANDING ANY PROVISION OF THIS SUBSECTION (4)3
TO THE CONTRARY, FOR THE PURPOSES OF THIS SUBSECTION (4), IF A4
DISTRICT'S FUNDED PUPIL COUNT CALCULATED PURSUANT TO THIS5
SUBSECTION (4) FOR A BUDGET YEAR IS FEWER THAN SIXTY STUDENTS, THE6
DISTRICT'S FUNDED PUPIL COUNT FOR THE B UDGET YEAR IS SIXTY7
STUDENTS.8
(5) District foundation funding. A
DISTRICT'S FOUNDATION9
FUNDING IS:10
(S
TATEWIDE BASE PER PUPIL FUNDING X (DISTRICT FUNDED PUPIL11
COUNT - DISTRICT EXTENDED HIGH SCHOOL PUPIL ENROLLMENT -12
D
ISTRICT ONLINE PUPIL ENROLLMENT)).13
(6) District at-risk funding.
(a) A DISTRICT'S AT-RISK FUNDING14
IS:15
(S
TATEWIDE BASE PER PUPIL FUNDING X TWENTY-FIVE PERCENT)16
X DISTRICT AT-RISK PUPIL ENROLLMENT.17 (b) NOTWITHSTANDING SUBSECTION (6)(a) OF THIS SECTION, IF A18
DISTRICT'S FUNDED PUPIL COUNT IS LESS THAN SEVEN THOUSAND PUPILS19
AND THE DISTRICT PERCENTAGE OF AT-RISK PUPILS IS SEVENTY PERCENT20
OR GREATER, THE DISTRICT'S AT-RISK FUNDING IS:21
(STATEWIDE BASE PER PUPIL FUNDING X THIRTY-TWO 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
1448
-42- (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
1448
-43- 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
1448
-44- 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
1448
-45- 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
1448
-46- 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) NOTWITHSTANDING SUBSECTION (12)(a) OF THIS SECTION, IF A23
DISTRICT IS CLASSIFIED AS RURAL REMOTE OR TOWN REMOTE , THE24
DISTRICT'S LOCAL FACTOR FUNDING IS THE AMOUNT DETERMINED25
PURSUANT TO SUBSECTION (12)(a) OF THIS SECTION PLUS ONE HUNDRED26
THOUSAND DOLLARS.27
1448
-47- (d) A DISTRICT'S CLASSIFICATION, AS DESCRIBED PURSUANT TO1
SUBSECTION (12)(b) OR (12)(c) OF THIS SECTION, IS DETERMINED BY THE2
LATEST CLASSIFICATIONS OR CLASSIFICATION CRITERIA ISSUED BY THE3
NATIONAL CENTER FOR EDUCATION STATISTICS IN THE INSTITUTE OF4
EDUCATION SCIENCES OF THE UNITED STATES DEPARTMENT OF5
EDUCATION.6
(e) NOTWITHSTANDING SUBSECTION (12)(d) OF THIS SECTION, IF7
A DISTRICT DOES NOT ALIGN WITH A CLASSIFICATION ISSUED BY THE8
NATIONAL CENTER FOR EDUCATION STATISTICS , THE DEPARTMENT OF9
EDUCATION SHALL DESIGNATE THE DISTRICT 'S LOCALE FACTOR BASED ON10
CONSIDERATIONS THAT ALIGN IT WITH A SIMILARLY SITUATED DISTRICT11
THAT HAS A CLASSIFICATION ISSUED BY THE NATIONAL CENTER FOR12
EDUCATION STATISTICS. IF THE DEPARTMENT OF EDUCATION IS REQUIRED13
TO DESIGNATE THE DISTRICT 'S LOCALE FACTOR PURSUANT TO THIS14
SUBSECTION (12)(e), THE DEPARTMENT OF EDUCATION SHALL CONSULT15
WITH LEGISLATIVE COUNSEL STAFF CONCERNING THE ADJUSTMENT FOR16
ANY INFORMATION NECESSARY TO MAKE AN APPROPRIATE DESIGNATION .17
(13) District size factor funding. (a) A
DISTRICT'S SIZE FACTOR18
FUNDING IS:19
(S
TATEWIDE BASE PER PUPIL FUNDING X (DISTRICT FUNDED PUPIL20
COUNT - DISTRICT EXTENDED HIGH SCHOOL PUPIL ENROLLMENT -21
D
ISTRICT ONLINE PUPIL ENROLLMENT) X DISTRICT SIZE FACTOR).22
(b) A
DISTRICT'S SIZE FACTOR IS:23
(I) I
F THE DISTRICT'S FUNDED PUPIL COUNT IS LESS THAN TWO24
HUNDRED SEVENTY-SIX:25
0.5457
+ (0.00376159 X THE DIFFERENCE BETWEEN THE FUNDED26
PUPIL COUNT AND TWO HUNDRED SEVENTY -SIX).27
1448
-48- (II) IF THE DISTRICT'S FUNDED PUPIL COUNT IS TWO HUNDRED1
SEVENTY-SIX OR MORE BUT LESS THAN FOUR HUNDRED FIFTY -NINE:2
0.2385
+ (0.00167869 X THE DIFFERENCE BETWEEN THE FUNDED3
PUPIL COUNT AND FOUR HUNDRED FIFTY -NINE).4
(III) I
F THE DISTRICT'S FUNDED PUPIL COUNT IS FOUR HUNDRED5
FIFTY-NINE OR MORE BUT LESS THAN ONE THOUSAND TWENTY -SEVEN:6
0.1215
+ (0.00020599 X THE DIFFERENCE BETWEEN THE FUNDED7
PUPIL COUNT AND ONE THOUSAND TWENTY -SEVEN).8
(IV) I
F THE DISTRICT'S FUNDED PUPIL COUNT IS ONE THOUSAND9
TWENTY-SEVEN OR MORE BUT LESS THAN TWO THOUSAND TWO HUNDRED10
NINETY-THREE:11
0.0533
+ (0.00005387 X THE DIFFERENCE BETWEEN THE FUNDED12
PUPIL COUNT AND TWO THOUSAND TWO HUNDRED NINETY -THREE).13
(V) I
F THE DISTRICT'S FUNDED PUPIL COUNT IS TWO THOUSAND14
TWO HUNDRED NINETY-THREE OR MORE BUT LESS THAN THREE THOUSAND15
FIVE HUNDRED:16
0.0368
+ (0.00001367 X THE DIFFERENCE BETWEEN THE FUNDED17
PUPIL COUNT AND THREE THOUSAND FIVE HUNDRED ).18
(VI) I
F THE DISTRICT'S FUNDED PUPIL COUNT IS THREE THOUSAND19
FIVE HUNDRED OR MORE BUT LESS THAN SIX THOUSAND FIVE HUNDRED :20
0.0297
+ (0.00000473 X THE DIFFERENCE BETWEEN THE FUNDED21
PUPIL COUNT AND SIX THOUSAND FIVE HUNDRED ).22
(VII) I
F THE DISTRICT'S FUNDED PUPIL COUNT IS SIX THOUSAND23
FIVE HUNDRED OR MORE: 0.00.24
(c) (I) I
F THE REORGANIZATION OF A DISTRICT OR DISTRICTS25
RESULTS IN A DISTRICT INVOLVED IN THE REORGANIZATION HAVING A26
GREATER SIZE FACTOR THAN THE ORIGINAL DISTRICT OR DISTRICTS HAD27
1448
-49- FOR THE BUDGET YEAR IMMEDIATELY PRECEDING REORGANIZATION , THE1
DISTRICTS INVOLVED IN THE REORGANIZATION MUST USE , FOR EACH2
BUDGET YEAR, THE SIZE FACTOR THE ORIGINAL DISTRICT HAD PRIOR TO3
THE REORGANIZATION OR, IF TWO OR MORE DISTRICTS REORGANIZE INTO4
A SINGLE DISTRICT, THE SIZE FACTOR OF THE ORIGINAL DISTRICT WITH THE5
LOWEST SIZE FACTOR FOR THE BUDGET YEAR IMMEDIATELY PRECEDING6
REORGANIZATION. A DISTRICT INVOLVED IN THE REORGANIZATION SHALL7
NOT, FOR ANY BUDGET YEAR , USE THE SIZE FACTOR THAT WOULD8
OTHERWISE BE PROVIDED PURSUANT TO THIS SUBSECTION (13).9
(II) I
F THE REORGANIZATION OF A DISTRICT OR DISTRICTS RESULTS10
IN A DISTRICT INVOLVED IN THE REORGANIZATION HAVING A LOWER SIZE11
FACTOR THAN THE ORIGINAL DISTRICT OR DISTRICTS HAD FOR THE BUDGET12
YEAR IMMEDIATELY PRECEDING REORGANIZATION , THE NEW DISTRICT OR13
DISTRICTS MUST USE A SIZE FACTOR DETERMINED AS FOLLOWS :14
(A) F
OR THE FIRST BUDGET YEAR FOLLOWING REORGANIZATION ,15
THE SIZE FACTOR OF THE ORIGINAL DISTRICT FOR THE BUDGET YEAR16
IMMEDIATELY PRECEDING REORGANIZATION OR , IF TWO OR MORE17
DISTRICTS ARE INVOLVED IN THE REORGANIZATION , THE WEIGHTED18
AVERAGE SIZE FACTOR OF THE ORIGINAL DISTRICTS FOR THE BUDGET YEAR19
IMMEDIATELY PRECEDING REORGANIZATION . FOR PURPOSES OF THIS20
SUBSECTION (13)(c)(II)(A), THE WEIGHTED AVERAGE SIZE FACTOR IS THE21
SUM OF THE AMOUNTS CALCULATED BY MULTIPLYING THE FUNDED PUPIL22
COUNTS OF THE ORIGINAL DISTRICTS BY THE SIZE FACTOR OF THE ORIGINAL23
DISTRICTS AND DIVIDING THAT SUM BY THE TOTAL FUNDED PUPIL COUNT24
OF THE ORIGINAL DISTRICTS.25
(B) F
OR THE SECOND BUDGET YEAR FOLLOWING REOR GANIZATION ,26
THE SIZE FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR MINUS27
1448
-50- AN AMOUNT EQUAL TO ONE-FIFTH OF THE DIFFERENCE BETWEEN THE SIZE1
FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR AND THE SIZE2
FACTOR DETERMINED PURSUANT TO SUBSECTION (13)(b) OF THIS SECTION;3
(C) F
OR THE THIRD BUDGET YEAR FOLLOWING REORGANIZATION ,4
THE SIZE FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR MINUS5
AN AMOUNT EQUAL TO ONE -FOURTH OF THE DIFFERENCE BETWEEN THE6
SIZE FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR AND THE7
SIZE FACTOR DETERMINED PURSUANT TO SUBSECTION (13)(b) OF THIS8
SECTION;9
(D) F
OR THE FOURTH BUDGET YEAR FOLLOWING REORGANIZATION ,10
THE SIZE FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR MINUS11
AN AMOUNT EQUAL TO ONE-THIRD OF THE DIFFERENCE BETWEEN THE SIZE12
FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR AND THE SIZE13
FACTOR DETERMINED PURSUANT TO SUBSECTION (13)(b) OF THIS SECTION;14
(E) F
OR THE FIFTH BUDGET YEAR FOLLOWING REORGANIZATION ,15
THE SIZE FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR MINUS16
AN AMOUNT EQUAL TO ONE-HALF OF THE DIFFERENCE BETWEEN THE SIZE17
FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR AND THE SIZE18
FACTOR DETERMINED PURSUANT TO SUBSECTION (13)(b) OF THIS SECTION;19
AND20
(F) F
OR THE SIXTH BUDGET YEAR FOLLOWING REORGANIZATION21
AND BUDGET YEARS THEREAFTER , THE SIZE FACTOR DETERMINED22
PURSUANT TO SUBSECTION (13)(b) OF THIS SECTION.23
(14) Total program funding. (Reserved)24
SECTION
8. In Colorado Revised Statutes, 22-54-104, amend25
(1) and (5)(b)(IV); and add (7) and (8) as follows:26
22-54-104. District total program - legislative declaration -27
1448
-51- definitions - repeal. (1) (a) For every budget year the provisions of1
THROUGH THE 2024-25 BUDGET YEAR, this section shall MUST be used to2
calculate for each district an amount that represents the financial base of3
support for public education in that district. Such amount shall be known4
as the district's total program DETERMINE EACH DISTRICT 'S TOTAL5
PROGRAM. The district's total program shall be IS available to the district6
to fund the costs of providing public education, and, except as otherwise7
provided in section 22-54-105, the amounts and purposes for which such8
moneys are budgeted and expended shall be in the discretion of the9
district THE DISTRICT HAS THE DISCRETION TO DETERMINE THE AMOUNTS10
AND PURPOSES FOR BUDGETING AND EXPENDING ITS TOTAL PROGRAM11
MONEY.12
(b) Notwithstanding the provisions of paragraph (a) of this13
subsection (1) SUBSECTION (1)(a) OF THIS SECTION TO THE CONTRARY, if14
a district is the accounting district of an institute charter school AN15
INSTITUTE CHARTER SCHOOL'S ACCOUNTING DISTRICT, then the calculation16
of total program pursuant to the provisions of this section shall also17
represent the financial base of support for the institute charter school18
TOTAL PROGRAM DETERMINATION PURSUANT TO THIS SECTION ALSO19
REPRESENTS THE INSTITUTE CHARTER SCHOOL 'S FINANCIAL BASE OF20
SUPPORT, even though the institute charter school is not a school of the21
district. The amount of the district's state share of total program that is22
withheld from the district and paid to the state charter school institute23
pursuant to the provisions of section 22-54-115 (1.3) shall IS not be24
available to nor OR under the control of the district but shall be IS under25
the control of the
INSTITUTE CHARTER SCHOOL'S governing board of the
26
institute charter school to fund the costs of providing public education to27
1448
-52- pupils enrolled in the institute charter school. and the amounts and1
purposes for which such moneys are budgeted and expended shall be in2
the discretion of the institute charter school. THE INSTITUTE CHARTER3
SCHOOL HAS THE DISCRETION TO DETERMINE THE AM OUNTS AND PURPOSES4
FOR BUDGETING AND EXPENDING ITS TOTAL PROGRAM MONEY .5
(c) (I) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE6
CONTRARY, FOR THE 2025-26 BUDGET YEAR THROUGH THE 2029-307
BUDGET YEAR, THE DEPARTMENT OF EDUCATION SHALL CALCULATE EACH8
DISTRICT'S TOTAL PROGRAM PURSUANT TO THIS SECTION FOR THE PURPOSE9
OF DETERMINING EACH DISTRICT'S TOTAL PROGRAM PURSUANT TO SECTION10
22-54-103.3.
THE DISTRICT'S TOTAL PROGRAM IS AVAILABLE TO THE11
DISTRICT TO FUND THE COSTS OF PROVIDING PUBLIC EDUCATION , AND,12
EXCEPT AS OTHERWISE PROVIDED IN SECTION 22-54-105, THE DISTRICT13
HAS THE DISCRETION TO DETERMINE THE AMOUNTS AND PURPOSES FOR14
BUDGETING AND EXPENDING ITS DISTRICT TOTAL PROGRAM MONEY .15
(II) N
OTWITHSTANDING SUBSECTION (1)(c)(I) OF THIS SECTION TO16
THE CONTRARY, IF A DISTRICT IS AN INSTITUTE CHARTER SCHOOL 'S17
ACCOUNTING DISTRICT , THEN THE DISTRICT TOTAL PROGRAM18
CALCULATION PURSUANT TO THIS SECTION ALSO REPRESENTS THE19
INSTITUTE CHARTER SCHOOL'S FINANCIAL BASE OF SUPPORT FOR PUBLIC20
EDUCATION, EVEN THOUGH THE INSTITUTE CHARTER SCHOOL IS NOT THE21
DISTRICT'S SCHOOL. THE AMOUNT OF THE DISTRICT 'S STATE SHARE OF22
TOTAL PROGRAM THAT IS WITHHELD FROM THE DISTRICT AND PAID TO THE23
STATE CHARTER SCHOOL INSTITUTE PURSUANT TO SECTION 22-54-11524
(1.3)
IS NOT AVAILABLE TO OR UNDER THE CONTROL OF THE DISTRICT BUT25
IS AVAILABLE TO AND UNDER THE CONTROL OF THE INSTITUTE CHARTER26
SCHOOL'S GOVERNING BOARD TO FUND THE COSTS OF PROVIDING PUBLIC27
1448
-53- EDUCATION TO STUDENTS ENROLLED IN THE INSTITUTE CHARTER SCHOOL .1
T
HE INSTITUTE CHARTER SCHOOL HAS THE DISCRETION TO D ETERMINE THE2
AMOUNTS AND PURPOSES FOR BUDGETING AND EXPENDING ITS TOTAL3
PROGRAM MONEY.4
(5) For purposes of the formulas used in this section:5
(b) (IV) For the 1998-99 budget year and budget years thereafter,
6
The funded pupil count used to calculate a district's size factor pursuant7
to this paragraph (b) shall be SUBSECTION (5)(b) IS the funded pupil count8
as calculated pursuant to section 22-54-103 (7) reduced by sixty-five9
percent of the number of pupils included in the funded pupil count that10
are enrolled in charter schools in the district; except that the provisions of11
this subparagraph (IV) shall THIS SUBSECTION (5)(b)(IV) only apply12
APPLIES to those districts with a funded pupil count as calculated pursuant13
to section 22-54-103 (7) of five hundred or less FEWER.14
(7) (a) F
OR PURPOSES THIS SECTION, "FUNDED PUPIL COUNT"15
MEANS THE DISTRICT'S ONLINE PUPIL ENROLLMENT FOR THE APPLICABLE16
BUDGET YEAR PLUS THE DISTRICT 'S SUPPLEMENTAL KINDERGARTEN17
ENROLLMENT FOR THE APPLICABLE BUDGET YEAR PLUS THE DISTRICT 'S18
EXTENDED HIGH SCHOOL PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET19
YEAR PLUS THE GREATER OF:20
(I) T
HE DISTRICT'S PUPIL ENROLLMENT FOR THE APPLICABLE21
BUDGET YEAR;22
(II) T
HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE23
APPLICABLE BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR24
THE IMMEDIATELY PRECEDING BUDGET YEAR ;25
(III) T
HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE26
APPLICABLE BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR27
1448
-54- THE TWO IMMEDIATELY PRECEDING BUDGET YEARS ;1
(IV) T
HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE2
APPLICABLE BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR3
THE THREE IMMEDIATELY PRECEDING BUDGET YEARS ; OR4
(V) T
HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE5
APPLICABLE BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR6
THE FOUR IMMEDIATELY PRECEDING BUDGET YEARS .7
(b) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE8
CONTRARY, FOR PURPOSES OF SUBSECTION (7)(a) OF THIS SECTION, A9
DISTRICT'S FUNDED PUPIL COUNT INCLUDES THE CERTIFIED PUPIL10
ENROLLMENT AND ONLINE PUPIL ENROLLMENT OF EACH OPERATING11
INSTITUTE CHARTER SCHOOL FOR WHICH THE DISTRICT IS THE ACC OUNTING12
DISTRICT, AS PROVIDED PURSUANT TO SUBSECTIONS (7)(c) AND (7)(d) OF13
THIS SECTION. THE DEPARTMENT OF EDUCATION SHALL ADD THE14
INSTITUTE CHARTER SCHOOL'S CERTIFIED PUPIL ENROLLMENT AND ONLINE15
PUPIL ENROLLMENT TO THE FUNDED PUPIL COUNT OF THE DISTRICT PRIOR16
TO CALCULATING THE DISTRICT 'S TOTAL PROGRAM PURSUANT TO THIS17
SECTION.18
(c) F
OR PURPOSES OF SUBSECTION (7)(b) OF THIS SECTION, EACH19
OPERATING INSTITUTE CHARTER SCHOOL 'S CERTIFIED PUPIL ENROLLMENT20
IS THE GREATER OF:21
(I) T
HE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL22
ENROLLMENT FOR THE APPLICABLE BUDGET YEAR ;23
(II) T
HE AVERAGE OF THE OPERATING INSTITUTE CHARTER24
SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND25
THE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR26
THE IMMEDIATELY PRECEDING BUDGET YEAR ;27
1448
-55- (III) THE AVERAGE OF THE OPERATING INSTITUTE CHARTER1
SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND2
THE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR3
THE TWO IMMEDIATELY PRECEDING BUDGET YEARS ;4
(IV) T
HE AVERAGE OF THE OPERATING INSTITUTE CHARTER5
SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND6
THE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR7
THE THREE IMMEDIATELY PRECEDING BUDGET YEARS ; OR8
(V) T
HE AVERAGE OF THE OPERATING INSTITUTE CHARTER9
SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND10
THE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR11
THE FOUR IMMEDIATELY PRECEDING BUDGET YEARS .12
(d) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE13
CONTRARY, FOR PURPOSES OF SUBSECTION (7)(c) OF THIS SECTION, AN14
OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT INCLUDES15
ITS ONLINE PUPIL ENROLLMENT , EXCEPT FOR MULTI-DISTRICT ONLINE16
SCHOOL PUPIL ENROLLMENT.17
(e) T
HE GENERAL ASSEMBLY FINDS AND DECLARES THAT FOR THE18
PURPOSES OF SECTION 17 OF ARTICLE IX OF THE STATE CONSTITUTION,19
AVERAGING A DISTRICT'S PUPIL ENROLLMENT FOR THE APPLICABLE20
BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR THE FOUR21
IMMEDIATELY PRECEDING BUDGET YEARS PURSUANT TO THIS SUBSECTION22
(7),
AND AVERAGING AN OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL23
ENROLLMENT AND ONLINE PUPIL ENROLLMENT PURSUANT TO THIS24
SUBSECTION (7), IS A PROGRAM FOR ACCOUNTABLE EDUCATION REFORM25
AND MAY THEREFORE RECEIVE F UNDING FROM THE STATE EDUCATION26
FUND CREATED IN SECTION 17 (4) OF ARTICLE IX OF THE STATE27
1448
-56- CONSTITUTION.1
(f) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY ,2
FOR THE PURPOSES OF THIS SUBSECTION (7), A DISTRICT'S PUPIL3
ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND A DISTRICT 'S PUPIL4
ENROLLMENT FOR ANY PRECEDING B UDGET YEAR DO NOT INCLUDE A PUPIL5
WHO IS OR WAS ENROLLED IN A CHARTER SCHOOL THAT WAS ORIGINALLY6
AUTHORIZED BY THE DISTRICT BUT WAS SUBSEQUENTLY CONVERTED , ON7
OR AFTER JULY 1, 2010, TO AN INSTITUTE CHARTER SCHOOL OR TO A8
CHARTER SCHOOL OF A DISTRICT CONTIGUOUS TO THE ORIGINALLY9
AUTHORIZING DISTRICT.10
(g) N
OTWITHSTANDING ANY PROVISION OF THIS SUBSECTION (7) TO11
THE CONTRARY, FOR THE PURPOSES OF THIS SUBSECTION (7), IF A12
DISTRICT'S FUNDED PUPIL COUNT CALCULATED PURSUANT TO THIS13
SUBSECTION (7) FOR A BUDGET YEAR IS FEWER THAN FIFTY PUPILS , THE14
DISTRICT'S FUNDED PUPIL COUNT FOR THE BUDGET YEAR IS FIFTY PUPILS .15
(h) S
OLELY FOR THE PURPOSE OF AVERAGING PUPIL ENROLLMENT16
PURSUANT TO SUBSECTION (7)(a) OF THIS SECTION FOR A DISTRICT THAT17
OPERATES A FULL-DAY KINDERGARTEN EDUCATIONAL PROGRAM , THE18
DEPARTMENT OF EDUCATION SHALL ADJUST THE DISTRICT 'S PUPIL19
ENROLLMENTS FOR THE 2018-19, 2017-18, 2016-17, AND 2015-16 BUDGET20
YEARS BY COUNTING EACH PUPIL ENROLLED IN A FULL -DAY21
KINDERGARTEN EDUCATIONAL PROGRAM IN ONE OF THOSE BUDGET YEARS22
AS A FULL-TIME STUDENT. THE ADJUSTMENT TO PUPIL ENROLLMENT MADE23
PURSUANT TO THIS SUBSECTION (7)(h) DOES NOT AFFECT OR CHANGE THE24
FUNDED PUPIL COUNT USED TO CALCULATE A DISTRICT 'S FISCAL YEAR25
SPENDING LIMITATION PURSUANT TO SECTION 20 OF ARTICLE X OF THE26
STATE CONSTITUTION FOR A BUDGET YEAR COMMENCING BEFORE JULY 1,27
1448
-57- 2019.1
(8) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1,
2031.2
3
SECTION 9. In Colorado Revised Statutes, add 22-20-114.3 as4
follows:5
22-20-114.3. Agreements with administrative units for special6
education services - legislative declaration. (1) THE GENERAL7
ASSEMBLY FINDS AND DECLARES THAT THE REQUIREMENTS DESCRIBED IN8
SUBSECTION (2) OF THIS SECTION ARE NECESSARY AS A MATTER OF PUBLIC9
POLICY.10
(2) NO LATER THAN JULY 1, 2025, A DISTRICT OR INSTITUTE11
CHARTER SCHOOL THAT IS SERVED BY A MULTI-DISTRICT ADMINISTRATIVE12
UNIT FOR THE ESTABLISHMENT, MAINTENANCE, OR PROVISION OF SPECIAL13
EDUCATION SERVICES MUST UPDATE AN EXISTING AGREEMENT14
CONCERNING SPECIAL EDUCATION SERVICES TO CONTAIN PROVISIONS15
REGARDING THE ALLOCATION OF ANY DISTRICT SPECIAL EDUCATION PUPIL16
FUNDING RECEIVED BY A SERVED DISTRICT OR INSTITUTE CHARTER17
SCHOOL PURSUANT TO ARTICLE 54 OF THIS TITLE 22.18
SECTION 10. In Colorado Revised Statutes, 22-41-102, amend19
(3)(h) introductory portion; and add (3)(i), (3)(j), and (3)(k) as follows:20
22-41-102. Fund inviolate. (3) (h) For the 2022-23 state fiscal21
year and each state fiscal year thereafter THROUGH THE 2023-24 STATE22
FISCAL YEAR, interest or income earned on the investment of the money23
in the public school fund must be used or credited as follows:24
(i) F
OR THE 2024-25 STATE FISCAL YEAR, INTEREST
AND INCOME25
EARNED ON THE INVESTMENT OF THE MONEY IN THE PUBLIC SCHOOL FUND26
MUST BE USED OR CREDITED AS FOLLOWS :27
1448
-58- 1
(I) THE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE TO2
THE STATE TREASURER AN AMOUNT NECESSARY TO PAY FOR THE SERVICES3
OF THE INVESTMENT CONSULTANT HIRED BY THE PUBLIC SCHOOL FUND4
INVESTMENT BOARD PURSUANT TO SECTION 22-41-102.5 (5) AND TO PAY5
FOR ANY REIMBURSEMENT FOR TRAVEL AND OTHER NECESSARY EXPENSES6
INCURRED BY THE MEMBERS OF THE PUBLIC SCHOOL FUND INVESTMENT7
BOARD PURSUANT TO SECTION 22-41-102.5 (2);8
(II) AFTER THE APPROPRIATION MADE PURSUANT TO SUBSECTION9
(3)(i)(I) OF THIS SECTION, THE LESSER OF ALL INTEREST AND INCOME OR10
ELEVEN MILLION DOLLARS IS CREDITED TO THE STATE PUBLIC SCHOOL11
FUND CREATED IN SECTION 22-54-114 FOR DISTRIBUTION AS PROVIDED IN12
THAT SECTION;13
(III) AFTER MONEY IN THE PUBLIC SCHOOL FUND HAS BEEN14
APPROPRIATED OR CREDITED PURSUANT TO SUBSECTIONS (3)(i)(I) AND15
(3)(i)(II) OF THIS SECTION, THE LESSER OF ALL INTEREST AND INCOME OR16
THIRTY MILLION DOLLARS IS CREDITED TO THE RESTRICTED ACCOUNT OF17
THE PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE FUND CREATED18
IN SECTION 22-43.7-104 (5) FOR USE AS PROVIDED IN THAT SECTION; AND19
(IV) ANY ADDITIONAL INTEREST AND INCOME REMAINING IN THE20
PUBLIC SCHOOL FUND MAY BE CREDITED AS SPECIFIED BY THE GENERAL21
ASSEMBLY, TAKING INTO CONSIDERATION THE RECOMMENDATIONS OF THE22
PUBLIC SCHOOL FUND INVESTMENT BOARD DESCRIBED IN SECTION23
22-41-102.5 (4)(a)(III), OR, IF NOT CREDITED PURSUANT TO THIS24
SUBSECTION (3)(i)(IV), REMAINS IN THE PUBLIC SCHOOL FUND.25
(j) F
OR THE 2025-26 STATE FISCAL YEAR, INTEREST
AND INCOME26
EARNED ON THE INVESTMENT OF THE MONEY IN THE PUBLIC SCHOOL FUND27
1448
-59- MUST BE USED OR CREDITED AS FOLLOWS :1
2
(I) THE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE TO3
THE STATE TREASURER AN AMOUNT NECESSARY TO PAY FOR THE SERVICES4
OF THE INVESTMENT CONSULTANT HIRED BY THE PUBLIC SCHOOL FUND5
INVESTMENT BOARD PURSUANT TO SECTION 22-41-102.5 (5) AND TO PAY6
FOR ANY REIMBURSEMENT FOR TRAVEL AND OTHER NECESSARY EXPENSES7
INCURRED BY THE MEMBERS OF THE PUBLIC SCHOOL FUND INVESTMENT8
BOARD PURSUANT TO SECTION 22-41-102.5 (2);9
(II) AFTER THE APPROPRIATION MADE PURSUANT TO SUBSECTION10
(3)(j)(I) OF THIS SECTION, THE LESSER OF ALL INTEREST AND INCOME OR11
FIVE MILLION DOLLARS IS CREDITED TO THE STATE PUBLIC SCHOOL FUND12
CREATED IN SECTION 22-54-114 FOR DISTRIBUTION AS PROVIDED IN THAT13
SECTION;14
(III) AFTER MONEY IN THE PUBLIC SCHOOL FUND HAS BEEN15
APPROPRIATED OR CREDITED PURSUANT TO SUBSECTIONS (3)(j)(I) AND16
(3)(j)(II) OF THIS SECTION, THE LESSER OF ALL INTEREST AND INCOME OR17
THIRTY-SIX MILLION DOLLARS IS CREDITED TO THE RESTRICTED ACCOUNT18
OF THE PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE FUND19
CREATED IN SECTION 22-43.7-104 (5) FOR USE AS PROVIDED IN THAT20
SECTION; AND21
(IV) ANY ADDITIONAL INTEREST AND INCOME REMAINING IN THE22
PUBLIC SCHOOL FUND MAY BE CREDITED AS SPECIFIED BY THE GENERAL23
ASSEMBLY, TAKING INTO CONSIDERATION THE RECOMMENDATIONS OF THE24
PUBLIC SCHOOL FUND INVESTMENT BOARD DESCRIBED IN SECTION25
22-41-102.5 (4)(a)(III), OR, IF NOT CREDITED PURSUANT TO THIS26
SUBSECTION (3)(j)(IV), REMAINS IN THE PUBLIC SCHOOL FUND.27
1448
-60- (k) FOR THE 2026-27 STATE FISCAL YEAR AND EACH STATE FISCAL1
YEAR THEREAFTER, INTEREST AND INCOME EARNED ON THE INVESTMENT2
OF THE MONEY IN THE PUBLIC SCHOOL FUND MUST BE USED OR CREDITED3
AS FOLLOWS:4
(I) THE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE TO5
THE STATE TREASURER AN AMOUNT NECESSARY TO PAY FOR THE SERVICES6
OF THE INVESTMENT CONSULTANT HIRED BY THE PUBLIC SCHOOL FUND7
INVESTMENT BOARD PURSUANT TO SECTION 22-41-102.5 (5) AND TO PAY8
FOR ANY REIMBURSEMENT FOR TRAVEL AND OTHER NECESSARY EXPENSES9
INCURRED BY THE MEMBERS OF THE PUBLIC SCHOOL FUND INVESTMENT10
BOARD PURSUANT TO SECTION 22-41-102.5 (2);11
(II) AFTER MONEY IN THE PUBLIC SCHOOL FUND HAS BEEN12
APPROPRIATED PURSUANT TO SUBSECTION (3)(k)(I) OF THIS SECTION, THE13
LESSER OF ALL INTEREST AND INCOME OR FORTY-ONE MILLION DOLLARS14
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; AND17
(III) ANY ADDITIONAL INTEREST AND INCOME REMAINING IN THE18
PUBLIC SCHOOL FUND MAY BE CREDITED AS SPECIFIED BY THE GENERAL19
ASSEMBLY, TAKING INTO CONSIDERATION THE RECOMMENDATIONS OF THE20
PUBLIC SCHOOL FUND INVESTMENT BOARD DESCRIBED IN SECTION21
22-41-102.5 (4)(a)(III), OR, IF NOT CREDITED PURSUANT TO THIS22
SUBSECTION (3)(k)(III), REMAINS IN THE PUBLIC SCHOOL FUND.23
SECTION 11. In Colorado Revised Statutes, 22-43.7-104,24
amend (2)(d) as follows:25
22-43.7-104. Public school capital construction assistance fund26
- creation - crediting of money to fund - use of fund - emergency27
1448
-61- reserve - creation - reserve account - creation and use. (2) (d) (I) For1
the state fiscal year commencing July 1, 2018, the state. treasurer,2
as provided in section 39-28.8-305 (1)(a), shall credit to the assistance3
fund the greater of the first forty million dollars received and collected4
from the excise tax on retail marijuana imposed pursuant to part 3 of5
article 28.8 of title 39 or ninety percent of the money received and6
collected from the tax. For the state fiscal year commencing July 1, 2019,7
and for each state fiscal year thereafter except for the state fiscal year8
commencing July 1, 2020, the state treasurer, as provided in section9
39-28.8-305 (1)(a), shall annually credit to the assistance fund all of the10
money received and collected from the excise tax on retail marijuana11
imposed pursuant to part 3 of article 28.8 of title 39. For the state fiscal12
year commencing July 1, 2020, the state treasurer, as provided in section13
39-28.8-305 (1)(a), shall credit to the assistance fund the lesser of the first14
forty million dollars received and collected from the excise tax on retail15
marijuana imposed pursuant to part 3 of article 28.8 of title 39 or all of16
the money received and collected from the tax. For state fiscal years17
commencing before July 1, 2019, the state treasurer shall credit twelve18
and five-tenths percent of the amount annually credited pursuant to this19
subsection (2)(d) to the charter school facilities assistance account, which20
account is created within the assistance fund. For each state fiscal year21
commencing on or after July 1, 2019, the state treasurer shall credit to the22
charter school facilities assistance account a percentage of the amount23
credited pursuant to this subsection (2)(d) that is equal to the percentage24
of pupil enrollment, as defined in section 22-54-103 (10), statewide25
represented by pupils who were enrolled in charter schools for the prior26
school year. The department of education shall notify the state treasurer27
1448
-62- of the applicable percentage no later than June 1 of the immediately1
preceding fiscal year.2
(II) I
N ADDITION TO THE CREDIT MADE TO THE CHARTER SCHOOL3
FACILITIES ASSISTANCE ACCOUNT PURSUANT TO SUBSECTION (2)(d)(I) OF4
THIS SECTION, THE STATE TREASURER SHALL CREDIT THE FOLLOWING5
AMOUNTS TO THE CHARTER SCHOOL FACILITIES ASSISTANCE ACCOUNT6
FROM THE PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE FUND :7
(A) F
OR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 2024,8
ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ;9
(B) F
OR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 2025,10
TWELVE MILLION DOLLARS;11
(C) F
OR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 2026,12
THIRTEEN MILLION DOLLARS;13
(D) F
OR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 2027,14
FOURTEEN MILLION DOLLARS; AND15
(E) F
OR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 2028,16
FIFTEEN MILLION DOLLARS.17
(III) IF ELIGIBILITY CRITERIA ARE SATISFIED, THE DEPARTMENT18
SHALL APPLY FOR A STATE CHARTER SCHOOL FACILITIES INCENTIVE GRANT19
AWARDED BY THE UNITED STATES DEPARTMENT OF EDUCATION .20
SECTION 12. In Colorado Revised Statutes, 22-43.7-110,21
amend (2)(a)(VII) and (2)(a)(VIII); and add (2)(a)(IX) as follows:22
22-43.7-110. Financial assistance - grants - financed purchase23
of an asset agreements. (2) Subject to the following requirements and24
limitations, the board may also instruct the state treasurer to enter into25
financed purchase of an asset or certificate of participation agreements on26
behalf of the state to provide financial assistance to applicants by27
1448
-63- financing public school facility capital construction projects for which the1
state board has recommended and the capital development committee has2
authorized the provision of financial assistance that involves a financed3
purchase of an asset or certificate of participation agreement pursuant to4
section 22-43.7-109 (7):5
(a) Subject to the limitation specified in subsection (2)(b) of this6
section, the maximum total amount of annual payments payable by the7
state during any fiscal year under the terms of all outstanding financed8
purchase of an asset or certificate of participation agreements entered into9
by the state treasurer as instructed by the board pursuant to this subsection10
(2) is:11
(VII) One hundred five million dollars for the 2019-20 fiscal year;12
and13
(VIII) One hundred twenty-five million dollars for the 2020-2114
fiscal year and for each fiscal year thereafter
THROUGH THE 2023-2415
FISCAL YEAR; AND16
(IX) O
NE HUNDRED FIFTY MILLION DOLLARS FOR THE 2024-2517
FISCAL YEAR AND FOR EACH FISCAL YEAR THEREAFTER .18
SECTION 13. In Colorado Revised Statutes, 22-43.7-111, add19
(1)(f) as follows:20
22-43.7-111. Reporting requirements - auditing by state21
auditor. (1) Notwithstanding section 24-1-136 (11)(a)(I), no later than22
February 15, 2010, and no later than each February 15 thereafter, the23
board shall present a written report to the education and finance24
committees of the house of representatives and the senate and the capital25
development committee, or any successor committees, regarding the26
provision of financial assistance to applicants pursuant to this article 43.7.27
1448
-64- The report must include, at a minimum:1
(f) BEGINNING IN THE REPORT DUE NO LATER THAN FEBRUARY 15,2
2026, AND CONTINUING ANNUALLY PURSUANT TO SUBSECTION (1) OF THIS3
SECTION, IN ADDITION TO THE REPORTING REQUIREMENTS DESCRIBED IN4
SUBSECTIONS (1)(a) THROUGH (1)(e) OF THIS SECTION, THE REPORT MUST5
ALSO SEPARATELY SPECIFY ALL THE INFORMATION DESCRIBED IN6
SUBSECTIONS (1)(a) THROUGH (1)(e) OF THIS SECTION AS EACH RELATES7
TO CHARTER SCHOOLS, AS APPLICABLE.8
9
SECTION 14. In Colorado Revised Statutes, repeal 22-54-104.1.10
SECTION 15. In Colorado Revised Statutes, 22-54-104.2,11
amend (1); and repeal (2) as follows:12
22-54-104.2. Legislative declaration. (1) The general assembly13
hereby finds and declares that, for purposes of section 17 of article IX of14
the state constitution, the expansion of the definition of "at-risk pupils",15
as defined in section 22-54-103 (1.5)(a)(V), to include district pupils who16
are English language learners, as defined in section 22-54-10317
(1.5)(b)(IV), the increase in the at-risk factor pursuant to section18
22-54-104 (5)(f)(II) for districts whose percentage of at-risk pupils is19
greater than the statewide average percentage of at-risk pupils and whose20
funded pupil count is greater than fifty thousand, the requirement that21
districts that receive at-risk funding spend a portion of their at-risk22
funding on implementation of the district's English language proficiency23
program pursuant to section 22-54-105 (3)(b)(I) and the increase in the24
at-risk factor from 11.2% to 12% for the 2005-06 budget year and each25
budget year thereafter pursuant to section 22-54-104 (2)(b)(II)(A)26
(2)(b)(II) and (5)(f) are important elements of accountable programs to27
1448
-65- meet state academic standards and may therefore receive funding from1
the state education fund created in section 17 (4) of article IX of the state2
constitution.3
(2) The general assembly further finds and declares that, for4
purposes of section 17 of article IX of the state constitution, the5
enactment of the definition of "at-risk funded pupil count", as defined in6
section 22-54-103 (1), to allow up to three-year averaging of the number7
of at-risk pupils, is an important element of accountable education reform8
and may therefore receive funding from the state education fund created9
in section 17 (4) of article IX of the state constitution.10
SECTION 16. In Colorado Revised Statutes, 22-54-104.3,11
amend (2.7)(a), (2.7)(d)(I) introductory portion, and (2)(d)(I)(A); and12
repeal (3) and (5) as follows:13
22-54-104.3. Total program for budget years - special14
provisions. (2.7) (a) For the 1997-98 budget year and budget years15
thereafter, Notwithstanding the provisions of section 22-54-104 (2) and16
(6) THIS ARTICLE 54, a district's total program for the applicable budget17
year shall MUST not exceed the district's total program for the prior budget18
year multiplied by 100% ONE HUNDRED PERCENT plus the district's19
maximum annual percentage change in the applicable fiscal year20
spending.21
(d) (I) For the 1998-99 budget year and budget years thereafter,22
If a district's total program is calculated pursuant to paragraph (a) of this23
subsection (2.7) SUBSECTION (2.7)(a) OF THIS SECTION and the district is24
capable of receiving an increase in its total program within the limitations25
on its fiscal year spending for the applicable budget year under section 2026
of article X of the state constitution, the district may certify to the27
1448
-66- department that it may receive an additional increase in its total program1
for the applicable budget year in an amount equal to the lesser of:2
(A) The difference between the district's total program for the3
applicable budget year calculated pursuant to paragraph (a) of this4
subsection (2.7) SUBSECTION (2.7)(a) OF THIS SECTION and the district's5
total program for the applicable budget year calculated DETERMINED6
pursuant to section 22-54-104 (2) or (6) THIS ARTICLE 54; or7
(3) Notwithstanding the provisions of section 22-54-104 (2), for8
the 1994-95 budget year, if a district's 1994-95 total formula per pupil9
funding is less than the district's 1993-94 total per pupil funding, the total10
program for such district shall be calculated in accordance with the11
following formula:12
(a) If the district's 1994-95 funded pupil count is equal to or less13
than the district's 1993-94 funded pupil count, the formula shall be:14
District 1993-94 funded pupil count x District 1993-94 total per15
pupil funding.16
(b) If the district's 1994-95 funded pupil count is greater than the17
district's 1993-94 funded pupil count, the formula shall be:18
District 1993-94 total funding + ((District 1994-95 funded pupil19
count - District 1993-94 funded pupil count) x District 1994-9520
total formula per pupil funding).21
(5) For purposes of subsection (3) of this section and section22
22-54-104 (6):23
(a) to (d) Repealed.24
(e) A district's "prior year total per pupil funding" means the25
amount which results from dividing the district's prior year total program26
by the district's prior year funded pupil count.27
1448
-67- (f) A district's "total formula per pupil funding" means the total1
program for a district for the applicable budget year, as calculated2
pursuant to section 22-54-104 (2), divided by the district's funded pupil3
count for the applicable budget year.4
(g) (Deleted by amendment, L. 95, p. 613, § 15, effective May 22,5
1995.)6
SECTION 17. In Colorado Revised Statutes, 22-54-105, amend7
(3)(a); and repeal (3)(b) as follows:8
22-54-105. Instructional supplies and materials - capital9
reserve and insurance reserve - at-risk funding - preschool funding.10
(3) (a) For the 1997-98 budget year and budget years thereafter, Every11
district that receives at-risk funding pursuant to the provisions of section12
22-54-104 THIS ARTICLE 54 shall expend in total at least seventy-five13
percent of the district's at-risk funding on direct instruction or staff14
development, or both, for the educational program of at-risk pupils in the15
district.16
(b) (I) Notwithstanding the provisions of paragraph (a) of this17
subsection (3), for the 2001-02 budget year and budget years thereafter,18
any district that receives at-risk funding pursuant to section 22-54-10419
and qualifies for a higher at-risk factor as provided in section 22-54-10420
(5)(f)(II) shall expend an amount calculated pursuant to subparagraph (II)21
of this paragraph (b) on implementation of the district's English language22
proficiency program as provided in article 24 of this title. It is the intent23
of the general assembly that each school district expend said amount on24
English language proficiency programs that are either taught in English25
or that are designed to move students as quickly as possible into programs26
taught in English. The district shall expend at least seventy-five percent27
1448
-68- of the remaining amount of at-risk funding received on direct instruction1
or staff development, or both, for the educational program of at-risk2
pupils in the district.3
(II) The amount of at-risk funding expended pursuant to4
subparagraph (I) of this paragraph (b) shall be equal to the difference5
between the amount of at-risk funding generated by an increase in the6
at-risk factor of 0.36 of a percentage point versus an increase of 0.34 of7
a percentage point for each percentage point that the district percentage8
of at-risk pupils exceeds the statewide average percentage of at-risk9
pupils.10
SECTION 18. In Colorado Revised Statutes, 22-54-106, amend11
(2.1)(c)(I) and (2.1)(e)(II); and repeal (2) as follows:12
22-54-106. Local and state shares of district total program -13
legislative declaration - definition - repeal. (2) (a) Except as provided14
in subsection (2)(c) of this section for reorganized districts, for the 200715
property tax year and property tax years thereafter through the 201916
property tax year, each district shall levy the lesser of:17
(I) The number of mills levied by the district for the immediately18
preceding property tax year;19
(II) (A) Subject to the provisions of sub-subparagraph (B) of this20
subparagraph (II), the number of mills that will generate property tax21
revenue in an amount equal to the district's total program for the22
applicable budget year minus the amount of specific ownership tax23
revenue paid to the district.24
(B) Regardless of the applicability of section 22-54-104 (5)(g), for25
the purposes of this subparagraph (II), a district's total program shall be26
the amount calculated pursuant to section 22-54-104 (2).27
1448
-69- (III) For a district that has not obtained voter approval to retain1
and spend revenues in excess of the property tax revenue limitation2
imposed on the district by section 20 of article X of the state constitution,3
the number of mills that may be levied by the district under the property4
tax revenue limitation imposed on the district by section 20 of article X5
of the state constitution. In the calculation of local growth for purposes6
of determining the property tax revenue limitation imposed on a district7
under this subparagraph (III), a district's student enrollment shall be the8
district's funded pupil count.9
(IV) Repealed.10
(V) Twenty-seven mills.11
(b) (I) (A) If a district's total program for the 1994-95 budget year12
was calculated pursuant to section 22-54-104.3, for the 1995 property tax13
year, the levy calculated pursuant to paragraph (a) of this subsection (2)14
shall be reduced by the number of mills required to generate the15
difference between the district's total program for the 1994-95 budget16
year, as calculated pursuant to section 22-54-104.3 (3), and the district's17
total program for the 1994-95 budget year, as calculated pursuant to18
section 22-54-104 (2). The amount by which property tax revenue is19
reduced pursuant to this paragraph (b) shall be counted toward the20
limitation on additional local revenues as provided in section 22-54-10821
(3).22
(B) Notwithstanding the provisions of sub-subparagraph (A) of23
this subparagraph (I), if the mill levy was calculated pursuant to24
subparagraph (II) of paragraph (a) of this subsection (2), the difference25
between the district's total program for the 1994-95 budget year, as26
calculated pursuant to section 22-54-104.3 (3), and the district's total27
1448
-70- program for the 1994-95 budget year, as calculated pursuant to section1
22-54-104 (2), shall be added to the total program as calculated pursuant2
to section 22-54-104 (2) to calculate the levy pursuant to this3
subparagraph (I).4
(II) If after calculating the mill levy pursuant to subparagraph (I)5
of this paragraph (b) the district's levy exceeds 41.75 mills, the district6
shall levy 41.75 mills.7
(III) For the 1995-96 budget year, if the amount of property tax8
generated for the 1994-95 budget year by the number of mills by which9
the mills levied by the district for the 1994-95 budget year exceeded10
40.080 mills was equal to or exceeded the difference between the11
district's total program for the 1994-95 budget year, as calculated12
pursuant to section 22-54-104.3 (3), and the district's total program for the13
1994-95 budget year, as calculated pursuant to section 22-54-104 (2), the14
district may levy the difference between the levy pursuant to15
subparagraph (I) and subparagraph (II) of this paragraph (b). For the16
1996-97 budget year and budget years thereafter, the district may continue17
to impose a mill levy that will generate the amount of revenue produced18
by the calculation described in this subparagraph (III) for the 1995-9619
budget year. The amount of property tax generated pursuant to this20
subparagraph (III) shall be counted toward the limitation on additional21
local revenues as provided in section 22-54-108 (3)(f).22
(c) (I) Notwithstanding any other provision of this subsection (2),23
if there is a reorganization pursuant to article 30 of this title, except for a24
detachment and annexation, and if such reorganization involves districts25
with differing mill levies, then in its first year of operation, the new26
district shall levy a number of mills that is based on the total property27
1448
-71- taxes collected in the preceding year from property included within the1
new district divided by the total valuation for assessment in the preceding2
year of property located within the new district but in no event more than3
41.75 mills. This paragraph (c) shall not apply to any new district whose4
levy would otherwise be calculated pursuant to subparagraph (II) of5
paragraph (a) of this subsection (2).6
(II) If there is a detachment and annexation pursuant to article 307
of this title and if such detachment and annexation involves districts with8
differing mill levies, then in the first year after the detachment and9
annexation, the annexing district shall calculate its levy pursuant to10
paragraph (a) of this subsection (2).11
(2.1) (c) For the 2021 property tax year and each property tax year12
thereafter, except as otherwise provided in subsection (2.1)(e) of this13
section for reorganized districts, each district shall levy the lesser of:14
(I) The number of mills that will generate property tax revenue in15
an amount equal to the district's total program for the applicable budget16
year minus the amount of specific ownership tax revenue paid to the17
district. Regardless of the applicability of section 22-54-104 (5)(g), for18
the purposes of this subsection (2.1)(c)(I), a district's total program is the19
amount calculated pursuant to section 22-54-104 (2).20
(e) Notwithstanding any other provision of this subsection (2.1)21
to the contrary, for the 2020 property tax year and each property tax year22
thereafter, if there is a reorganization pursuant to article 30 of this title 2223
that results in the creation of a new district, then in the first year of24
operation the new district shall levy the lesser of:25
(II) The number of mills that will generate property tax revenue26
in an amount equal to the district's total program for the first year of27
1448
-72- operation minus the amount of specific ownership tax revenue paid to the1
district. Regardless of the applicability of section 22-54-104 (5)(g), for2
the purposes of this subsection (2.1)(e)(II), the district's total program is3
the amount calculated pursuant to section 22-54-104 (2).4
SECTION 19. In Colorado Revised Statutes, add 22-54-107.7 as5
follows:6
22-54-107.7. Override mill levy match - working group -7
creation - report - repeal. (1) THERE IS CREATED BY THE LEGISLATIVE8
COUNCIL STAFF AN OVERRIDE MILL LEVY MATCH WORKING GROUP TO9
MEET DURING THE 2024 INTERIM AND MAKE RECOMMENDATIONS10
CONCERNING MODIFYING THE OVERRIDE MILL LEVY MATCH , CREATED11
PURSUANT TO SECTION 22-54-107.9, TO ENSURE MORE EQUITABLE12
FUNDING DISTRIBUTIONS AND GREATER ACCESS TO FUNDING FOR ELIGIBLE13
DISTRICTS AND ELIGIBLE INSTITUTE CHARTER SCHOOLS , MAKE14
RECOMMENDATIONS CONCERNING WHICH ELIGIBLE DISTRICTS AND15
ELIGIBLE INSTITUTE CHARTER SCHOOLS WILL RECEIVE A DISTRIBUTION16
FROM THE MILL LEVY OVERRIDE MATCH FUND PURSUANT TO SECTION17
22-54-107.9 FOR THE 2024-25 BUDGET YEAR, AND TO IDENTIFY AND18
ANALYZE INEQUITIES BETWEEN NEIGHBORING DISTRICTS THAT HAVE19
DIFFERING MILL LEVY OVERRIDES, LEVELS OF PROPERTY TAX BASES, OR20
DEMONSTRATED LEVELS OF LOCAL EFFORT .21
(2) (a) THE OVERRIDE MILL LEVY MATCH WORKING GROUP MUST22
INCLUDE:23
(I) SEVEN NONLEGISLATIVE MEMBERS WHO ARE CHIEF FINANCIAL24
OFFICERS APPOINTED AS FOLLOWS:25
(A) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL26
APPOINT ONE MEMBER WHO IS A CHIEF FINANCIAL OFFICER OF A RURAL27
1448
-73- DISTRICT, ONE MEMBER WHO IS A CHIEF FINANCIAL OFFICER OF A SMALL1
RURAL DISTRICT, ONE MEMBER WHO IS A CHIEF FINANCIAL OFFICER OF A2
SUBURBAN DISTRICT, AND ONE MEMBER WHO IS A CHIEF FINANCIAL3
OFFICER OF AN URBAN DISTRICT LOCATED IN OR NEAR THE DENVER4
METROPOLITAN AREA; AND5
(B) THE SENATE MINORITY LEADER SHALL APPOINT ONE MEMBER6
WHO IS THE CHIEF FINANCIAL OFFICER OF A RURAL DISTRICT, ONE MEMBER7
WHO IS THE CHIEF FINANCIAL OFFICER OF A SUBURBAN DISTRICT, AND ONE8
MEMBER WHO IS THE CHIEF FINANCIAL OFFICER OF AN URBAN DISTRICT9
THAT IS NOT LOCATED IN OR NEAR THE DENVER METROPOLITAN AREA .10
(II) ONE MEMBER OF THE MAJORITY PARTY IN THE HOUSE OF11
REPRESENTATIVES, APPOINTED BY THE SPEAKER OF THE HOUSE OF12
REPRESENTATIVES, WHO SHALL SERVE AS THE CHAIR; AND13
(III) ONE MEMBER OF THE MINORITY PARTY IN THE SENATE,14
APPOINTED BY THE MINORITY LEADER OF THE SENATE, WHO SHALL SERVE15
AS THE VICE-CHAIR.16
(b) LEGISLATIVE COUNCIL STAFF SHALL ASSIST THE OVERRIDE MILL17
LEVY MATCH WORKING GROUP IN FULFILLING ITS DUTIES REQUIRED18
PURSUANT TO THIS SECTION.19
(3) (a) THE OVERRIDE MILL LEVY MATCH WORKING GROUP SHALL20
NOT SUBMIT BILL DRAFTS AS PART OF ITS RECOMMENDATIONS .21
(b) MEETINGS OF THE OVERRIDE MILL LEVY MATCH WORKING22
GROUP ARE SUBJECT TO THE OPEN MEETINGS PROVISIONS CONTAINED IN23
PART 4 OF ARTICLE 6 OF TITLE 24. EXCEPT AS OTHERWISE PROVIDED IN24
PART 2 OF ARTICLE 72 OF TITLE 24, OR OTHER APPLICABLE STATE OR25
FEDERAL LAW, RECORDS OF THE OVERRIDE MILL LEVY MATCH WORKING26
GROUP ARE SUBJECT TO PART 2 OF ARTICLE 72 OF TITLE 24.27
1448
-74- (4) THE OVERRIDE MILL LEVY MATCH WORKING GROUP MUST MEET1
AT LEAST THREE TIMES BUT NO MORE THAN FIVE TIMES DURING THE 20242
LEGISLATIVE INTERIM, UNLESS ADDITIONAL MEETINGS ARE AUTHORIZED3
BY THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL .4
(5) ON OR BEFORE DECEMBER 31, 2024, THE OVERRIDE MILL LEVY5
MATCH WORKING GROUP SHALL SUBMIT A REPORT TO THE EXECUTIVE6
COMMITTEE OF THE LEGISLATIVE COUNCIL, THE EDUCATION COMMITTEES7
OF THE HOUSE OF REPRESENTATIVES AND THE SENATE , OR ANY SUCCESSOR8
COMMITTEES, AND THE JOINT BUDGET COMMITTEE CONCERNING ITS9
RECOMMENDATIONS TO MODIFY THE OVERRIDE MILL LEVY MATCH .10
(6) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2026.11
SECTION 20. In Colorado Revised Statutes, 22-54-107.9,12
amend (3)(b)(II); and repeal (1)(l) as follows:13
22-54-107.9. Override mill levy match - calculation -14
distribution - fund created - definitions. (1) As used in this section,15
unless the context otherwise requires:16
(l) "Total program" means the amount of total program funding17
for a district calculated pursuant to section 22-54-104 (2) before18
application of the budget stabilization factor.19
(3) (b) If more than ten percent of a district's funded pupil count20
for the applicable budget year is attributable to the district's online pupil21
enrollment, the department shall calculate the district's adjusted total22
program as follows:23
(II) The department shall subtract from the district's total program24
for the applicable budget year an amount equal to the district's reduced25
online pupil enrollment, calculated pursuant to subsection (3)(b)(I) of this26
section, multiplied by the per pupil online funding amount for the27
1448
-75- applicable budget year as described in section 22-54-104 (4.5)(c)(II)1
before application of the budget stabilization factor THIS ARTICLE 54.2
SECTION 21. In Colorado Revised Statutes, 22-54-108, amend3
(1), (2), (3)(a), (3)(b)(I), (3)(b)(II), (3)(b)(III), (3)(b)(IV)(A),4
(3)(b)(IV)(B), and (5)(b); and add (3)(b)(VI) as follows:5
22-54-108. Authorization of additional local revenues -6
definitions. (1) Effective July 1, 1994, a district which desires to raise7
and expend local property tax revenues in excess of the district's total8
program as determined in accordance with section 22-54-104 may submit9
the question of whether the district should be authorized to raise and10
expend additional local property tax revenues, subject to the limitations11
of subsection (3) of this section, thereby authorizing an additional levy in12
excess of the levy authorized under section 22-54-106 for the district's13
general fund for the then current budget year and each budget year14
thereafter. The question authorized by this subsection (1) shall MUST be15
submitted at an election held in accordance with section 20 of article X16
of the state constitution and title 1. C.R.S.17
(2) Effective July 1, 1994, upon proper submittal to a district of18
a valid initiative petition, the district shall submit to the eligible electors19
of the district the question of whether the district should be authorized to20
raise and expend additional local property tax revenues in excess of the21
district's total program, as determined in accordance with section22
22-54-104, subject to the limitations of subsection (3) of this section,23
thereby authorizing an additional levy in excess of the levy authorized24
under section 22-54-106 for the district's general fund for the then current25
budget year and each budget year thereafter. The question authorized by26
this subsection (2) shall MUST be submitted at an election held in27
1448
-76- accordance with section 20 of article X of the state constitution and title1
1. C.R.S. An initiative petition under this subsection (2) shall MUST be2
signed by at least five percent of the eligible electors in the district at the3
time the petition is filed.4
(3) (a) Notwithstanding the provisions of section 20 of article X5
of the state constitution which allow districts to seek voter approval for6
spending and revenue increases, the provisions of this subsection (3) shall7
limit LIMITS a district's authority to raise and expend local property tax8
revenues in excess of the district's total program. as determined in9
accordance with section 22-54-104.10
(b) (I) Except as otherwise provided in subsections (3)(b)(II),11
(3)(b)(III), (3)(b)(IV), and (3)(b)(V), AND (3)(b)(VI) of this section, the12
total additional local property tax revenues that may be received pursuant13
to elections held pursuant to this section must not exceed under any14
circumstances twenty percent of the district's total program as determined15
pursuant to section 22-54-104 (2) or two hundred thousand dollars,16
whichever is greater.17
(II) (A) Effective July 1, 2002, and subject to the provisions of18
sub-subparagraph (B) of this subparagraph (II), the total additional local19
property tax revenues that may be received pursuant to elections held20
pursuant to this section shall MUST not exceed under any circumstances21
twenty percent of the district's total program as determined pursuant to22
section 22-54-104 (2) or two hundred thousand dollars, whichever is23
greater, plus an amount equal to the maximum dollar amount of property24
tax revenue that the district could have generated for the 2001-02 budget25
year if, in accordance with the provisions of section 22-54-107.5, the26
district submitted a question to and received approval of the eligible27
1448
-77- electors of the district at an election held in November 2001.1
(B) Regardless of the applicability of section 22-54-104 (5)(g), for2
the purposes of this subparagraph (II), a district's total program shall be3
the amount calculated pursuant to section 22-54-104 (2).4
(III) (A) On and after May 21, 2009, and subject to the provisions5
of sub-subparagraph (B) of this subparagraph (III), the total additional6
local property tax revenues that may be received pursuant to an election7
held pursuant to this section shall MUST not exceed under any8
circumstances twenty-five percent of the district's total program as9
determined pursuant to section 22-54-104 (2) or two hundred thousand10
dollars, whichever is greater, plus an amount equal to the maximum dollar11
amount of property tax revenue that the district could have generated for12
the 2001-02 budget year if, in accordance with the provisions of section13
22-54-107.5, the district submitted a question to and received approval of14
the eligible electors of the district at an election held in November 2001.15
(B) Regardless of the applicability of section 22-54-104 (5)(g), for16
purposes of this subparagraph (III), a district's total program shall be the17
amount calculated pursuant to section 22-54-104 (2).18
(IV) (A) On and after May 22, 2015, and subject to the provisions19
of sub-subparagraph (B) of this subparagraph (IV), the total additional20
local property tax revenues that a small rural district may receive pursuant21
to an election held pursuant to this section shall MUST not exceed under22
any circumstances thirty percent of the small rural district's total program23
as determined pursuant to section 22-54-104 (2) or two hundred thousand24
dollars, whichever is greater, plus an amount equal to the maximum dollar25
amount of property tax revenue that the small rural district could have26
generated for the 2001-02 budget year if, in accordance with the27
1448
-78- provisions of section 22-54-107.5, the small rural district submitted a1
question to and received approval of the eligible electors of the district at2
an election held in November 2001.3
(B) Regardless of the applicability of section 22-54-104 (5)(g), for4
purposes of this subparagraph (IV), a small rural district's total program5
is the amount calculated pursuant to section 22-54-104 (2).6
(VI) (A) ON OR AFTER JULY 1, 2024, THE TOTAL ADDITIONAL7
LOCAL PROPERTY TAX REVENUES THAT A DISTRICT OR SMALL RURAL8
DISTRICT MAY RECEIVE PURSUANT TO AN ELECTION HELD PURSUANT TO9
THIS SECTION MUST NOT EXCEED UNDER ANY CIRCUMSTANCE : THE10
AMOUNT DETERMINED PURSUANT TO SUBSECTION (3)(b)(V) OF THIS11
SECTION FOR THE 2023-24 BUDGET YEAR, OR THE AMOUNT DETERMINED12
PURSUANT TO SUBSECTION (3)(b)(VI)(D) OF THIS SECTION, WHICHEVER IS13
GREATER.14
(B) FOR THE 2024-25 BUDGET YEAR, THE DEPARTMENT OF15
EDUCATION, IN CONSULTATION WITH LEGISLATIVE COUNSEL STAFF, SHALL16
CALCULATE FOR EACH DISTRICT THE AMOUNT EQUAL TO :17
(DISTRICT'S PER PUPIL FUNDING DETERMINED PURS UANT TO18
SECTION 22-54-104 (3) - STATEWIDE BASE PER PUPIL FUNDING) X19
DISTRICT'S FUNDED PUPIL COUNT FOR THE 2024-25 BUDGET YEAR20
EXCLUDING THE DISTRICT'S ONLINE PUPIL ENROLLMENT AND THE21
DISTRICT'S EXTENDED HIGH SCHOOL PUPIL ENROLLMENT22
+ (DISTRICT'S PER PUPIL FUNDING DETERMINED PURSUANT TO23
SECTION 22-54-104 (3) - STATEWIDE BASE PER PUPIL FUNDING) X24
DISTRICT'S AT-RISK PUPIL ENROLLMENT FOR THE 2024-25 BUDGET25
YEAR X TWELVE PERCENT26
+ (DISTRICT'S PER PUPIL FUNDING DETERMINED PURSUANT TO27
1448
-79- SECTION 22-54-104 (3) - STATEWIDE BASE PER PUPIL FUNDING) X1
DISTRICT'S ENGLISH LANGUAGE LEARNER PUPIL ENROLLMENT FOR2
THE 2024-25 BUDGET YEAR X EIGHT PERCENT.3
(C) FOR THE 2024-25 BUDGET YEAR, THE DEPARTMENT OF4
EDUCATION, IN CONSULTATION WITH LEGISLATIVE COUNCIL STAFF, SHALL5
CALCULATE FOR EACH DISTRICT THE AMOUNT EQUAL TO THE DISTRICT'S6
COST OF LIVING FACTOR PLUS THE DISTRICT 'S SIZE FACTOR FOR THE7
2024-25 BUDGET YEAR CALCULATED PURSUANT TO SECTION 22-54-103.58
MULTIPLIED BY THE STATEWIDE BASE PER PUPIL FUNDING FOR THE 2024-259
BUDGET YEAR MULTIPLIED BY THE DISTRICT'S FUNDED PUPIL COUNT FOR10
THE 2024-25 BUDGET YEAR EXCLUDING THE DISTRICT'S ONLINE PUPIL11
ENROLLMENT AND THE DISTRICT 'S EXTENDED HIGH SCHOOL PUPIL12
ENROLLMENT.13
(D) THE DEPARTMENT OF EDUCATION SHALL COMPARE FOR EACH14
DISTRICT THE AMOUNTS CALCULATED PURS UANT TO SUBSECTIONS15
(3)(b)(VI)(B) AND (3)(b)(VI)(C) OF THIS SECTION. IF THE AMOUNT16
CALCULATED PURSUANT TO SUBSECTION (3)(b)(VI)(C) OF THIS SECTION17
IS LESS THAN THE AMOUNT CALCULATED PURSUANT TO SUBSECTION18
(3)(b)(VI)(B) OF THIS SECTION, THE DEPARTMENT OF EDUCATION SHALL19
DETERMINE THE DOLLAR AMOUNT DIFFERENCE BETWEEN THE AMOUNTS20
CALCULATED PURSUANT TO SUBSECTIONS (3)(b)(VI)(B) AND21
(3)(b)(VI)(C) OF THIS SECTION DIVIDE THAT DOLLAR AMOUNT DIFFERENCE22
BY THE DISTRICT'S TOTAL PROGRAM FOR THE 2024-25 BUDGET YEAR AND23
ADD THAT PERCENTAGE TO THE DISTRICT'S MILL LEVY OVERRIDE CAP FOR24
THE 2023-24 BUDGET YEAR.25
(E) THE DEPARTMENT OF EDUCATION SHALL MAKE26
DETERMINATIONS PURSUANT TO SUBSECTIONS (3)(b)(VI)(B),27
1448
-80- (3)(b)(VI)(C), AND (3)(b)(VI)(D) OF THIS SECTION AFTER IT MAKES1
MID-YEAR REVISIONS TO REPLACE PROJECTIONS WITH ACTUAL FIGURES2
WHEN DETERMINING EACH DISTRICT'S TOTAL PROGRAM FOR THE 2024-253
BUDGET YEAR.4
(F) ON OR AFTER JULY 1, 2030, A DISTRICT SHALL NOT SUBMIT A5
QUESTION TO THE ELIGIBLE ELECTORS OF THE DISTRICT PURSUANT TO THIS6
SUBSECTION (3)(b)(VI).7
(5) As used in this section, unless the context otherwise requires:8
(b) "Total program", on and after July 1, 2023, means a district's9
or small rural district's total program calculated pursuant to section10
22-54-104 (2), before application of the budget stabilization factor11
pursuant to section 22-54-104 (5)(g) plus the amount the district or small12
rural district receives for students enrolled through the Colorado universal13
preschool program pursuant to part 2 of article 4 of title 26.5.14
SECTION 22. In Colorado Revised Statutes, 22-54-108.5,15
amend (1)(a), (1)(b), and (1)(e) as follows:16
22-54-108.5. Authorization of additional local revenues for17
full-day kindergarten - definitions. (1) (a) Notwithstanding any law to18
the contrary, effective July 1, 2007, any district that chooses to raise and19
expend local property tax revenues in excess of the district's total20
program, as determined in accordance with section 22-54-104, and in21
addition to any property tax revenues levied pursuant to sections22
22-54-107 and 22-54-108, may submit the question of whether the district23
should be authorized to raise and expend additional local property tax24
revenues, 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
1448
-81- district for the then-current budget year and each budget year thereafter.1
The question authorized by this paragraph (a) SUBSECTION (1)(a) may also2
include a question of whether to impose an additional mill levy of a stated3
amount and limited duration to meet the initial capital construction needs4
of the district associated with the establishment of a full-day kindergarten5
program. If a mill levy for capital construction needs associated with the6
district's full-day kindergarten program is approved for more than one7
year, the board of education of the district may, without calling an8
election, decrease the amount or duration of the mill levy in subsequent9
years. The questions authorized by this paragraph (a) shall SUBSECTION10
(1)(a)
MUST be submitted at an election held in accordance with section11
20 of article X of the state constitution and title 1. C.R.S.
12
(b) Notwithstanding any law to the contrary, effective July 1,13
2007, upon proper submittal to a district of a valid initiative petition, the14
district shall submit to the eligible electors of the district the question of15
whether the district should be authorized to raise and expend additional16
local property tax revenues in excess of the district's total program, as17
determined in accordance with section 22-54-104 and in addition to any18
property tax revenues levied pursuant to sections 22-54-107 and19
22-54-108, thereby authorizing an additional levy in excess of the levy20
authorized under sections 22-54-106, 22-54-107, and 22-54-108, to21
provide funding for excess full-day kindergarten program costs in the22
district for the then-current budget year and each budget year thereafter.23
The question authorized by this paragraph (b) SUBSECTION (1)(b) may24
also include a question of whether to impose an additional mill levy of a25
stated amount and limited duration to meet the initial capital construction26
needs of the district associated with the establishment of a full-day27
1448
-82- kindergarten program. If a mill levy for capital construction needs1
associated with the district's full-day kindergarten program is approved2
for more than one year, the board of education of the district may, without3
calling an election, decrease the amount or duration of the mill levy in4
subsequent years. The questions authorized by this paragraph (b) shall5
SUBSECTION (1)(b) MUST be submitted at an election held in accordance6
with section 20 of article X of the state constitution and title 1. C.R.S. An7
initiative petition under this paragraph (b) shall SUBSECTION (1)(b) MUST8
be signed by at least five percent of the eligible electors in the district at9
the time the petition is filed.10
(e) Notwithstanding the provisions of section 20 of article X of11
the state constitution that allow districts to seek voter approval for12
spending and revenue increases, the provisions of this subsection (1) shall13
limit a district's authority to raise and expend local property tax revenues14
in excess of the district's total program. as determined in accordance with15
section 22-54-104.16
SECTION 23. In Colorado Revised Statutes, 22-54-108.7,17
amend (1)(a) as follows:18
22-54-108.7. Authorization of additional local revenues for19
cash funding of capital construction, new technology, existing20
technology upgrade, and maintenance needs - definition.21
(1) (a) Notwithstanding any law to the contrary, any district that chooses22
to raise and expend local property tax revenue in excess of the district's23
total program, as determined in accordance with section 22-54-104, and24
in addition to any revenue generated by property tax levied pursuant to25
sections 22-54-106, 22-54-107, 22-54-107.5, 22-54-108, and26
22-54-108.5, may submit the question of whether the district should be27
1448
-83- authorized to raise and expend additional local property tax revenue,1
thereby authorizing an additional levy in excess of the levy authorized2
under sections 22-54-106, 22-54-107, and 22-54-108, to provide ongoing3
cash funding for the capital construction, new technology, existing4
technology upgrade, and maintenance needs of the district. A question5
authorized by this paragraph (a) SUBSECTION (1)(a) must be submitted at6
an election held in accordance with section 20 of article X of the state7
constitution and title 1. C.R.S.8
SECTION 24. In Colorado Revised Statutes, 22-54-122, amend9
(2) as follows:10
22-54-122. Small attendance center aid. (2) (a) A district11
meeting the eligibility requirements of subsection (1) of this section shall12
be IS eligible to receive aid for each small attendance center as calculated13
by: Multiplying the pupil enrollment of the small attendance center by an14
amount equal to thirty-five percent of the difference between the district15
per pupil funding as calculated pursuant to section 22-54-104, and the16
district per pupil funding, as calculated pursuant to section 22-54-10417
except using the size factor calculated using the funded pupil count of the18
small attendance center; and then multiplying such THE amount by the19
percentage determined by dividing the difference between two hundred20
and the funded pupil count of the small attendance center by two hundred.21
(b) An institute charter school meeting the eligibility requirements22
of subsection (1.5) of this section shall be IS eligible to receive aid as a23
small attendance center as calculated by: Multiplying the pupil enrollment24
of the institute charter school by an amount equal to thirty-five percent of25
the difference between the district per pupil funding of the institute26
charter school's accounting district as calculated pursuant to section27
1448
-84- 22-54-104 and such THE district per pupil funding, as calculated pursuant1
to section 22-54-104, except using the size factor calculated using the2
pupil enrollment of the institute charter school, and then multiplying such3
amount by the percentage determined by dividing the difference between4
two hundred and the pupil enrollment of the institute charter school by5
two hundred.6
SECTION 25. In Colorado Revised Statutes, 22-54-129, amend7
(1)(g) as follows:8
22-54-129. Facility school funding - legislative declaration -9
definitions. (1) As used in this section, unless the context otherwise10
requires:11
(g) "Statewide base per pupil funding" means the amount annually12
specified in section 22-54-104 (5)(a) THIS ARTICLE 54.13
SECTION 26. In Colorado Revised Statutes, 19-1-115.5, amend14
(1)(a)(I) as follows:15
19-1-115.5. Placement of children out of home - legislative16
declaration. (1) (a) (I) The general assembly hereby finds that the17
number of children in out-of-home placement has increased significantly.18
The general assembly further finds that the facility in which a child is19
placed out of home is often not located in the same school district as the20
child's school district of residence. Nevertheless, the general assembly21
finds that, under the provisions of PURSUANT TO the "Public School22
Finance Act of 1994 2025", article 54 of title 22, C.R.S. children in foster23
home placement are considered residents of the school district in which24
the foster home is located. Accordingly, the school district in which the25
child is placed must accommodate the child and provide the child with the26
necessary educational services that serve the child's best interests while27
1448
-85- absorbing the costs associated with such services within the constraints1
of the school district's existing budget. The general assembly finds that in2
many circumstances it is not possible to meet the best interests of the3
child in out-of-home placement and the needs of other children enrolled4
in the school district within the confines of the district's budget.5
SECTION 27. In Colorado Revised Statutes, 22-1-122, amend6
(6)(b) as follows:7
22-1-122. Transportation token program - legislative8
declaration - eligibility - fund. (6) (b) So long as IF an eligible student9
is enrolled before the pupil enrollment count day, the parent or legal10
guardian of an eligible student may choose to enroll the eligible student11
in and transport the eligible student to a public school in another school12
district that has available space. Such THE school district shall enroll the13
eligible student and include the eligible student in the district's pupil14
enrollment for purposes of the "Public School Finance Act of 1994 2025".15
SECTION 28. In Colorado Revised Statutes, 22-2-117, amend16
(1)(b)(I) and (1)(d) as follows:17
22-2-117. Additional power - state board - waiver of18
requirements - rules. (1) (b) The state board shall not waive any of the19
requirements specified in any of the following statutory provisions:20
(I) The "Public School Finance Act of 1994 2025", article 54 of21
this title TITLE 22;22
(d) In addition to any requirements for a waiver application that23
are specified in this subsection (1), any application submitted by a school24
district that has a funded pupil count, as defined in section 22-54-103 (7)25
DETERMINED PURSUANT TO ARTICLE 54 OF THIS TITLE 22, of three26
thousand or more pupils shall demonstrate that such THE application has27
1448
-86- the consent of a majority of the appropriate accountability committee, a1
majority of the affected licensed administrators, and a majority of the2
teachers of the affected school or district.3
SECTION 29. In Colorado Revised Statutes, 22-30-105, amend4
(1) introductory portion and (1)(b) as follows:5
22-30-105. Activation of the school district organization6
planning process. (1) The appointment of a school organization7
planning committee charged to study school district organization shall8
MUST occur when the commissioner is notified that any of the following9
conditions exist:10
(b) A petition committee, as defined in section 22-30-103 (10),11
presents a petition to the commissioner and to the county clerk and12
recorder of each county in which the headquarters of a school district that13
will be affected by the actions of a planning committee are located14
requesting the appointment of a school organization planning committee.15
Such THE petition shall MUST contain a statement indicating the school16
districts to be involved. If only one school district is involved, the petition17
shall MUST be signed by fifteen percent of that school district's eligible18
electors. If multiple school districts are involved, the petition shall MUST19
be signed by fifteen percent of the eligible electors in each involved20
school district; except that, if the petition requests only consideration of21
detachment and annexation, the petition shall MUST be signed by22
twenty-five percent of the eligible electors residing in the area to be23
detached and annexed. If multiple school districts are involved, the24
petition does not request consideration of a detachment and annexation,25
and the pupil enrollment of a school district for purposes of the "Public26
School Finance Act of 1994 2025" is greater than thirty thousand pupils,27
1448
-87- the petition shall MUST be signed by five percent of the eligible electors1
in that school district. Such petitions shall be A PETITION IS deemed2
sufficient by the county clerk and recorder in the county of each involved3
school district. Only one such petition may be presented to the4
commissioner and the county clerk and recorder in the county of each5
involved school district in any three consecutive calendar years.6
SECTION 30. In Colorado Revised Statutes, 22-30-114, amend7
(1)(k) as follows:8
22-30-114. Requirements for plan of organization. (1) The9
plan of organization must include, but need not be limited to,10
consideration of the following:11
(k) If the plan of organization results in the creation of a new12
school district, a source of operating funds to be used by the new school13
district prior to receiving the state share of the total district program14
pursuant to the "Public School Finance Act of 1994 2025", article 54 of15
this title TITLE 22, on July 1 of the new school district's first budget year.16
SECTION 31. In Colorado Revised Statutes, amend 22-30-120.517
as follows:18
22-30-120.5. Effective date for purposes of school finance.19
Notwithstanding the provisions of section 22-30-120, for purposes of20
determining funding under PURSUANT TO the "Public School Finance Act21
of 1994 2025", article 54 of this title TITLE 22, any plan of organization22
approved at a special school district organization election shall MUST take23
effect on the next July 1 following certification of the election results.24
SECTION 32. In Colorado Revised Statutes, 22-30-129, amend25
(7) as follows:26
22-30-129. Dissolution and annexation - exemptions from the27
1448
-88- school district organization planning process. (7) The dissolution and1
annexation of a school district is effective for all purposes on the date2
specified in the final plan of organization; except that, for purposes of3
determining funding pursuant to the "Public School Finance Act of 19944
2025", article 54 of this title 22, a final plan of organization approved by5
the affected local school boards pursuant to this section takes effect on6
the next July 1 following submission of the map and legal description of7
the annexing school districts to the commissioner pursuant to subsection8
(6) of this section. The annexing school districts continue as bodies9
corporate in the same manner as before approval of the organization plan.10
SECTION 33. In Colorado Revised Statutes, 22-30.5-103,11
amend (6.5) as follows:12
22-30.5-103. Definitions. As used in this part 1, unless the13
context otherwise requires:14
(6.5) "Private school" means a primary or secondary educational15
institution for students in kindergarten through twelfth grade or any16
portion thereof that may or may not have attained nonprofit status, that17
does not receive state funding through the "Public School Finance Act of18
1994 2025", article 54 of this title TITLE 22, and that is supported in whole19
or in part by tuition payments or private donations.20
SECTION 34. In Colorado Revised Statutes, 22-30.5-104,21
amend (6)(a) and (6)(c)(IV) as follows:22
22-30.5-104. Charter school - requirements - authority - rules23
- definitions. (6) (a) Pursuant to contract, a charter school may operate24
free from specified school district policies and free from state rules as25
provided in paragraph (b) of this subsection (6) PURSUANT TO26
SUBSECTION (6)(b) OF THIS SECTION. Pursuant to contract, a local board27
1448
-89- of education may waive locally imposed school district requirements,1
without seeking approval of the state board; except that a charter school2
shall not, by contract or otherwise, operate free of the requirements3
contained in the "Public School Finance Act of 1994 2025", article 54 of4
this title TITLE 22, the requirements specified in part 4 of article 11 of this5
title TITLE 22 concerning school accountability committees, or the6
requirements contained in the "Children's Internet Protection Act", article7
87 of this title TITLE 22.8
(c) A school district, on behalf of a charter school, may apply to9
the state board for a waiver of a state statute or state rule that is not an10
automatic waiver. Notwithstanding any provision of this subsection (6)11
to the contrary, the state board may not waive any statute or rule relating12
to:13
(IV) The "Public School Finance Act of 1994 2025", article 54 of14
this title 22;15
SECTION 35. In Colorado Revised Statutes, 22-30.5-112,16
amend (1)(a)(II), (2)(a.5)(II), (2)(a.5)(II.5), and (2)(e)(II)(B) as follows:17
22-30.5-112. Charter schools - financing - guidelines -18
definitions. (1) (a) (II) On and after July 1, 2023, For purposes of the19
"Public School Finance Act of 1994 2025", article 54 of this title 22,20
pupils enrolled in a charter school are included in the pupil enrollment or21
the online pupil enrollment, whichever is applicable, of the school district22
that granted its charter. The school district that granted its charter shall23
report to the department the number of pupils included in the school24
district's pupil enrollment and the school district's online pupil enrollment25
that are actually enrolled in each charter school.26
(2) (a.5) As used in this subsection (2):27
1448
-90- (II) "District per pupil revenues" means the district's total program1
as defined in section 22-54-103 (6) for any budget year divided by the2
district's funded pupil count as defined in section 22-54-103 (7) for said3
DETERMINED BY ARTICLE 54 OF THIS TITLE 22 FOR THE APPLICABLE budget4
year.5
(II.5) "District per pupil online funding" means a school district's6
online funding, as specified in section 22-54-104 (4.5) DETERMINED BY7
ARTICLE 54 OF THIS TITLE 22, divided by the district's online pupil8
enrollment for any budget year.9
(2) (e) (II) (B) Notwithstanding the provisions of subsection10
(2)(e)(II)(A) of this section, to the contrary if the general assembly11
amends the "Public School Finance Act of 1994 2025", article 54 of this12
title 22, to count a student enrolled in kindergarten only as a half-day13
pupil, with or without the addition of supplemental kindergarten14
enrollment as defined in section 22-54-103 (15) for purposes of15
calculating the funded pupil count as defined in section 22-54-103 (7)16
DETERMINED BY ARTICLE 54 OF THIS TITLE 22, a charter school may charge17
the student's parents tuition or a fee for the portion of the school day for18
which it does not receive funding for the student pursuant to the "Public19
School Finance Act of 1994 2025"; except that the amount of tuition or20
fee charged shall MUST not exceed the amount of tuition or fee that the21
charter school charged to attend a full-day kindergarten educational22
program for the 2018-19 budget year, adjusted for inflation and prorated23
by the percentage of the school day for which the student is no longer24
funded by the "Public School Finance Act of 1994 2025". As used in this25
subsection (2)(e)(II)(B), "inflation" means the annual percentage change26
in the United States department of labor bureau of labor statistics27
1448
-91- consumer price index for Denver-Aurora-Lakewood for all items paid by1
all urban consumers, or its applicable successor index.2
SECTION 36. In Colorado Revised Statutes, 22-30.5-112.1,3
amend (1)(b), (1)(g), (1)(i), and (1)(j.2) as follows:4
22-30.5-112.1. Charter schools - exclusive jurisdiction districts5
- authorized on or after July 1, 2004 - financing - definitions. (1) As6
used in this section, unless the context otherwise requires:7
(b) "At-risk funding" means the amount of funding determined in8
accordance with the formulas described in section 22-54-104 (4)9
APPLICABLE AT-RISK FUNDING FORMULA PURSUANT TO ARTICLE 54 OF THIS10
TITLE 22.11
(g) "District funded pupil count" shall have the same meaning as12
provided in section 22-54-103 (7) MEANS THE FUNDED PUPIL COUNT13
DETERMINED PURSUANT TO ARTICLE 54 OF THIS TITLE 22.14
(i) "District per pupil online funding" means a school district's15
online funding, as specified in section 22-54-104 (4.5) AS DETERMINED16
IN ARTICLE 54 OF THIS TITLE 22, divided by the district's online pupil17
enrollment for any budget year.18
(j.2) "English language learner funding" means the amount of19
funding determined in accordance with the formula described in section20
22-54-104 (4.3) APPLICABLE ENGLISH LANGUAGE LEARNER FUNDING21
FORMULA PURSUANT TO ARTICLE 54 OF THIS TITLE 22.22
SECTION 37. In Colorado Revised Statutes, 22-30.5-507,23
amend (7)(b)(IV) as follows:24
22-30.5-507. Institute charter school - requirements -25
authority - rules - definitions. (7) (b) An institute charter school may26
apply to the state board, through the institute, for a waiver of state statutes27
1448
-92- and state rules that are not automatic waivers. The state board may waive1
state statutory requirements or rules promulgated by the state board;2
except that the state board may not waive any statute or rule relating to:3
(IV) The provisions of the "Public School Finance Act of 19944
2025", article 54 of this title 22;5
SECTION 38. In Colorado Revised Statutes, 22-30.5-513,6
amend (1)(c), (1)(d.2), (1)(e), (1)(g), (2)(e)(II), and (3)(b) as follows:7
22-30.5-513. Institute charter schools - funding - at-risk8
supplemental aid - legislative declaration - definitions. (1) As used in9
this section, unless the context otherwise requires:10
(c) "Accounting district's at-risk funding" means the amount of11
funding for at-risk pupils in the accounting district determined in12
accordance with the formulas APPLICABLE AT-RISK FUNDING FORMULA13
described in section 22-54-104 (4) PURSUANT TO ARTICLE 54 OF THIS14
TITLE 22.15
(d.2) "Accounting district's English language learner funding"16
means the amount of funding for English language learner pupils in the17
accounting district determined in accordance with the
APPLICABLE18
E
NGLISH LANGUAGE LEARNER FUNDING formula described in section
19
22-54-104 (4.3) PURSUANT TO ARTICLE 54 OF THIS TITLE 22.20
(e) "Accounting district's funded pupil count" shall have the same21
meaning as the term "district funded pupil count" defined in section22
22-54-103 (7) MEANS THE FUNDED PUPIL COUNT DETERMINED PURSUANT23
TO ARTICLE 54 OF THIS TITLE 22.24
(g) "Accounting district's per pupil online funding" means
THE25
online funding as specified in section 22-54-104 (4.5),
FORMULA26
DESCRIBED PURSUANT TO ARTICLE 54 OF THIS TITLE 22 for any budget year27
1448
-93- divided by the online pupil enrollment.1
(2) (e) (II) Notwithstanding the provisions of subsection (2)(e)(I)2
of this section to the contrary, if the general assembly amends the "Public3
School Finance Act of 1994 2025", article 54 of this title 22, to count a4
student enrolled in kindergarten only as a half-day pupil, with or without5
the addition of supplemental kindergarten enrollment as defined in6
section 22-54-103 (15) for purposes of calculating the funded pupil count7
as defined in section 22-54-103 (7) DETERMINED PURSUANT TO ARTICLE8
54
OF THIS TITLE 22, an institute charter school may charge the student's9
parents tuition or a fee for the portion of the school day for which it does10
not receive funding for the student pursuant to the "Public School Finance11
Act of 1994
2025"; except that the amount of tuition or fee charged shall12
MUST not exceed the amount of tuition or fee that the institute charter13
school charged to attend a full-day kindergarten educational program for14
the 2018-19 budget year, adjusted for inflation and prorated by the15
percentage of the school day for which the student is no longer funded by16
the "Public School Finance Act of 1994 2025". As used in this subsection17
(2)(e)(II), "inflation" means the annual percentage change in the United18
States department of labor bureau of labor statistics consumer price index19
for Denver-Aurora-Lakewood for all items paid by all urban consumers,20
or its applicable successor index.21
(3) (b) For purposes of the "Public School Finance Act of 199422
2025", article 54 of this title TITLE 22, the department shall add the pupils23
enrolled in an institute charter school to the funded pupil count and the24
online pupil enrollment of the institute charter school's accounting25
district.26
SECTION 39. In Colorado Revised Statutes, 22-30.5-513.1,27
1448
-94- amend (2)(b) as follows:1
22-30.5-513.1. Mill levy equalization - fund created -2
legislative declaration - definitions. (2) (b) The institute shall annually3
distribute the money appropriated or transferred to the fund to the4
institute charter schools on an equal per-pupil basis; except that, in any5
budget year, an institute charter school shall MUST not receive a per pupil6
amount that is greater than the total amount of additional mill levy7
revenue, as defined in section 22-32-108.5, that the accounting district for8
the institute charter school is authorized to collect, divided by the funded9
pupil count, as defined in section 22-54-103 DETERMINED PURSUANT TO10
ARTICLE 54 OF THIS TITLE 22, of the accounting district for the applicable11
budget year. The money distributed pursuant to this section is in addition12
to money distributed to institute charter schools pursuant to section13
22-30.5-513. The institute has continuous spending authority over all14
interest and income in the fund.15
SECTION 40. In Colorado Revised Statutes, 22-30.7-107,16
amend (2) introductory portion and (2)(b) as follows:17
22-30.7-107. Funding. (2) For the 2008-09 budget year, and for18
each budget year thereafter, For purposes of determining total program19
funding pursuant to article 54 of this title TITLE 22:20
(b) (I) A school district that is providing a multi-district online21
school, or a school district in which a district charter school is providing22
a multi-district online school, shall include each student who is enrolled23
in the multi-district online school as of the pupil enrollment count day of24
the applicable budget year in the school district's online pupil enrollment25
for the applicable budget year and shall MUST receive online funding as26
specified in section 22-54-104 (4.5) ARTICLE 54 OF THIS TITLE 22.27
1448
-95- (II) An institute charter school that is providing a multi-district1
online school shall include each student who is enrolled in the2
multi-district online school as of the pupil enrollment count day of the3
applicable budget year in the institute charter school's online enrollment4
for the applicable budget year and shall MUST receive online funding as5
specified in section 22-54-104 (4.5) ARTICLE 54 OF THIS TITLE 22.6
SECTION 41. In Colorado Revised Statutes, 22-32-108.5,7
amend (2)(g) as follows:8
22-32-108.5. Board of education - distribution of additional9
mill levy revenue - legislative declaration - definitions. (2) As used in10
this section, unless the context otherwise requires:11
(g) "Per pupil mill levy share" means an amount equal to the total12
amount of additional mill levy revenue that a participating school district13
collects for a budget year divided by the school district's funded pupil14
count, as defined in section 22-54-103 DETERMINED PURSUANT TO15
ARTICLE 54 OF THIS TITLE 22, for that budget year.16
SECTION 42. In Colorado Revised Statutes, 22-32-119, amend17
(1)(b) as follows:18
22-32-119. Kindergartens - definition. (1) (b) Notwithstanding19
the provisions of subsection (1)(a) of this section to the contrary, if the20
general assembly amends the "Public School Finance Act of 1994 2025",21
article 54 of this title 22, to count a student enrolled in kindergarten only22
as a half-day pupil, with or without the addition of supplemental23
kindergarten enrollment as defined in section 22-54-103 (15) for purposes24
of calculating the funded pupil count as defined in section 22-54-103 (7)25
DETERMINED PURSUANT TO ARTICLE 54 OF THIS TITLE 22, a school district26
may charge the student's parents tuition or a fee for the portion of the27
1448
-96- school day for which it does not receive funding for the student pursuant1
to the "Public School Finance Act of 1994 2025"; except that the amount2
of tuition or fee charged shall MUST not exceed the amount of tuition or3
fee that the school district charged to attend a full-day kindergarten4
educational program for the 2018-19 budget year, adjusted for inflation5
and prorated by the percentage of the school day for which the student is6
no longer funded by the "Public School Finance Act of 1994 2025". As7
used in this subsection (1)(b), "inflation" means the annual percentage8
change in the United States department of labor bureau of labor statistics9
consumer price index for Denver-Aurora-Lakewood for all items paid by10
all urban consumers, or its applicable successor index.11
SECTION 43. In Colorado Revised Statutes, 22-32-141, amend12
(4)(a) as follows:13
22-32-141. Student awaiting trial as adult - educational14
services - definitions. (4) (a) In any budget year in which a school15
district is providing educational services to a juvenile pursuant to this16
section on the pupil enrollment count day of said THE budget year, the17
school district may include the juvenile in its pupil enrollment, as defined18
in section 22-54-103 (10), for purposes of determining the school19
district's total program funding under the "Public School Finance Act of20
1994 2025", article 54 of this title TITLE 22.21
SECTION 44. In Colorado Revised Statutes, 22-32.5-108,22
amend (3)(a) as follows:23
22-32.5-108. District of innovation - waiver of statutory and24
regulatory requirements. (3) Designation as a district of innovation25
shall MUST not affect a school district's:26
(a) Total program funding calculated pursuant to the "Public27
1448
-97- School Finance Act of 1994 2025", article 54 of this title TITLE 22; or1
SECTION 45. In Colorado Revised Statutes, 22-33-104.5,2
amend (6)(a) as follows:3
22-33-104.5. Home-based education - guidelines - legislative4
declaration - definitions. (6) (a) If a child is participating in a nonpublic5
home-based educational program but also attending a public school for6
a portion of the school day, the school district of the public school shall7
be entitled to MAY count such THE child in accordance with the provisions8
of section 22-54-103 (10) for purposes of determining pupil enrollment9
under PURSUANT TO the "Public School Finance Act of 1994 2025",10
article 54 of this title TITLE 22.11
SECTION 46. In Colorado Revised Statutes, 22-35-105, amend12
(2) introductory portion and (2)(a) as follows:13
22-35-105. Financial provisions - payment of tuition. (2) If a14
qualified student concurrently enrolls in a course offered by an institution15
of higher education, the institution shall be IS responsible for course16
content, placement of the student in the course, and the quality of17
instruction. In addition, because the qualified student is receiving18
academic credit at his or her THE QUALIFIED STUDENT'S local education19
provider for the course pursuant to section 22-35-104 (5):20
(a) The qualified student shall be IS included in the funded pupil21
count of his or her THE STUDENT'S school district or, in the case of a22
student enrolled in an institute charter school, of the school's accounting23
district, as determined pursuant to the provisions of section 22-54-103 (7)24
ARTICLE 54 OF THIS TITLE 22; and25
SECTION 47. In Colorado Revised Statutes, 22-35-108, amend26
(3) as follows:27
1448
-98- 22-35-108. Accelerating students through concurrent1
enrollment program - objectives - non-tuition expenses - rules. (3) A2
local education provider may include each qualified student whom the3
local education provider designates to participate in the ASCENT4
program pursuant to this section in the district's funded pupil count, or,5
in the case of a qualified student enrolled in an institute charter school, in6
the funded pupil count of the school's accounting district, as provided in7
section 22-54-103 (7) DETERMINED PURSUANT TO ARTICLE 54 OF THIS8
TITLE 22.9
SECTION 48. In Colorado Revised Statutes, 22-35-108.5,10
amend (3)(a) and (3)(b) as follows:11
22-35-108.5. Teacher recruitment education and preparation12
(TREP) program - objectives - selection criteria - rules. (3) (a) The13
local education provider that enrolls a qualified student who is designated14
by the department as a TREP program participant may include the student15
in the school district's funded pupil count, or, in the case of a student16
enrolled in an institute charter school, in the funded pupil count of the17
institute charter school's accounting district as provided in section18
22-54-103 (7) DETERMINED PURSUANT TO ARTICLE 54 OF THIS TITLE 22.19
(b) A local education provider that receives extended high school20
funding, as described in section 22-54-104 (4.7) ARTICLE 54 OF THIS TITLE21
22, in a budget year for program participants may expend the funding on22
behalf of TREP program participants who enroll in an institution of23
higher education during that budget year and on behalf of the TREP24
program participants who, by May 1 of that budget year, are admitted to25
an institution of higher education to participate in the TREP program26
during the next budget year.27
1448
-99- SECTION 49. In Colorado Revised Statutes, 22-35-111, amend1
(2) as follows:2
22-35-111. Rules. (2) By July 1, 2020, The state board shall3
adopt rules to specify the number of postsecondary credits in which a4
qualified student must be concurrently enrolled to qualify for full-time5
membership for purposes of the "Public School Finance Act of 19946
2025", article 54 of this title 22.7
SECTION 50. In Colorado Revised Statutes, 22-35.3-102,8
amend (8) as follows:9
22-35.3-102. Definitions. As used in this article 35.3, unless the10
context otherwise requires:11
(8) "Funded pupil count" has the same meaning as provided in12
section 22-54-103 (7) MEANS THE FUNDED PUPIL COUNT AS DETERMINED13
PURSUANT TO ARTICLE 54 OF THIS TITLE 22.14
SECTION 51. In Colorado Revised Statutes, 22-35.3-104,15
amend (1)(a) as follows:16
22-35.3-104. P-tech schools - funding. (1) (a) To calculate17
district total program pursuant to section 22-54-104 ARTICLE 54 OF THIS18
TITLE 22, a school district that is approved to operate a p-tech school19
pursuant to section 22-35.3-103, including a p-tech school that is a district20
charter school, may include the students who are enrolled in grades nine21
through twelve in the p-tech school in the school district's pupil22
enrollment, as defined in section 22-54-103 (10), and may include the23
students who are enrolled in grades thirteen and fourteen in the p-tech24
school in the school district's district extended high school pupil25
enrollment.26
SECTION 52. In Colorado Revised Statutes, 22-35.6-103,27
1448
-100- amend (1) as follows:1
22-35.6-103. High school innovative learning pilot program -2
created - rules. (1) There is created in the department the high school3
innovative learning pilot program to authorize full-time funding for4
students enrolled in grades nine through twelve in high schools operated5
by selected local education providers to enable the local education6
providers to provide innovative learning opportunities for high school7
students to support them in successful transitions from high school to8
postsecondary education or the workforce. The department shall9
administer the pilot program by reviewing applications and selecting the10
local education providers that propose an innovative learning plan that11
meets the requirements specified in section 22-35.6-104 and is designed12
to ensure that students enrolled in grades nine through twelve may13
participate in innovative learning opportunities before graduation. A local14
education provider that is selected to participate in the pilot program is15
authorized to count students who are enrolled in grades nine through16
twelve and are participating in innovative learning opportunities as17
full-time pupils for purposes of the "Public School Finance Act of 199418
2025", article 54 of this title 22, regardless of the actual number of19
teacher-pupil instruction hours and teacher-pupil contact hours for each20
pupil.21
SECTION 53. In Colorado Revised Statutes, 22-40-102, amend22
(1.7)(a) and (6)(a) as follows:23
22-40-102. Certification - tax revenues - repeal. (1.7) (a) The24
board of education of any school district, at the regular biennial election25
for school district directors or on the dates authorized by section26
22-54-108 for elections for additional local property tax revenues under27
1448
-101- the "Public School Finance Act of 1994 2025" shall submit to the eligible1
electors of the district the question of whether to impose a mill levy for2
the payment of excess transportation costs. If a majority of the votes cast3
at any such THE election are in favor of the question, an additional mill4
levy shall be IS levied each year, and revenues received therefrom shall5
MUST be deposited into the transportation fund of the district created in6
section 22-45-103 (1)(f).7
(6) (a) Each school district, with such assistance as may be8
required from the department of education, shall inform the county9
treasurer for each county within the district's boundaries no later than10
December 15 of each year of said THE district's general fund mill levy in11
the absence of funds estimated to be received by said THE district12
pursuant to the "Public School Finance Act of 1994 2025", article 54 of13
this title 22, and the estimated funds to be received for the general fund14
of the district from the state.15
SECTION 54. In Colorado Revised Statutes, 22-43.7-201,16
amend (4)(a)(II)(A) as follows:17
22-43.7-201. Full-day kindergarten facility capital18
construction fund - creation - grants - definitions. (4) (a) As used in19
this subsection (4), unless the context otherwise requires:20
(II) "Equitable adjustment factor" means, with respect to both an21
applicant and a potential applicant that does not actually apply for a grant22
as authorized by this subsection (4), the sum of the applicant's:23
(A) Size factor, as determined pursuant to section 22-54-10424
(5)(b)(I.5) ARTICLE 54 OF THIS TITLE 22;25
SECTION 55. In Colorado Revised Statutes, amend 22-52-10726
as follows:27
1448
-102- 22-52-107. Funding of second chance program. It is the intent1
of the general assembly that, after the initial appropriation made to the2
department of education for the fiscal year beginning July 1, 1985, The3
responsibilities and duties specified in this article shall MUST be4
performed by the department of education and the participating school5
districts through the funding available pursuant to the "Public School6
Finance Act of 1994 2025", article 54 of this title TITLE 22.7
SECTION 56. In Colorado Revised Statutes, 22-55-102, amend8
(14) and (18) as follows:9
22-55-102. Definitions. As used in this article 55, unless the10
context otherwise requires:11
(14) "Statewide base per pupil funding" means the amount12
specified for each budget year in section 22-54-104 (5)(a) ARTICLE 54 OF13
THIS TITLE 22.14
(18) "Total program" or "total program education funding" means15
a district's total program as determined pursuant to section 22-54-104 (1)16
ARTICLE 54 OF THIS TITLE 22.17
SECTION 57. In Colorado Revised Statutes, 22-55-104, amend18
(3) introductory portion as follows:19
22-55-104. Procedures relating to state education fund20
revenue estimates - legislative declaration. (3) By February 1, 2002,21
and by each February 1 thereafter, ON OR BEFORE EACH FEBRUARY 1, the22
staff of the legislative council STAFF OF THE GENERAL ASSEMBLY , in23
consultation with the state auditor, the office of state planning and24
budgeting, the state treasurer, the department of education, and the joint25
budget committee, shall cause to be conducted a review of the model used26
to forecast revenues in and expenditures from the fund and the spending27
1448
-103- requirements of the "Public School Finance Act of 1994 2025", article 541
of this title TITLE 22. Copies of the review shall MUST promptly be2
transmitted to the joint budget committee, and the office of state planning3
and budgeting, and the education committees of the senate and the house4
of representatives. The review shall MUST include, but need not be limited5
to, the following:6
SECTION 58. In Colorado Revised Statutes, 22-55-106, amend7
(2) as follows:8
22-55-106. Statewide base per pupil funding - increases.9
(2) The general assembly may annually appropriate moneys MONEY in10
the state education fund, the general fund, any other state fund, or some11
combination thereof, as necessary in the sole discretion of the general12
assembly, to satisfy the requirements of subsection (1) of this section, and13
such moneys shall THE MONEY MUST be distributed to public school14
districts and the state charter school institute in accordance with the15
provisions of the "Public School Finance Act of 1994 2025", article 54 of16
this title TITLE 22.17
SECTION 59. In Colorado Revised Statutes, 24-77-104.5,18
amend (3)(a)(I) as follows:19
24-77-104.5. General fund exempt account - referendum C20
money - specification of uses for health care and education -21
definitions. (3) (a) Funding for preschool through twelfth grade22
education, as used in subparagraph (II) of paragraph (b) of subsection (1)23
SUBSECTION (1)(b)(II) of this section, shall be IS limited to funding for:24
(I) Per-pupil funding for preschool through twelfth grade25
education through the "Public School Finance Act of 1994 2025", article26
54 of title 22, C.R.S. or any successor act;27
1448
-104- SECTION 60. In Colorado Revised Statutes, 25.5-10-206,1
amend as it will become effective July 1, 2024, (7)(b) as follows:2
25.5-10-206. Authorized long-term services and supports -3
conditions of funding - purchase of services and supports - adult4
protective services data system check - boards of county5
commissioners - appropriation. (7) (b) Each school district shall pay6
to the case management agency purchasing programs attended by a7
student with an intellectual and developmental disability, who is8
domiciled in the school district and may be counted in the district's pupil9
enrollment, an amount at least equal to the district's per pupil revenues as10
determined pursuant to the "Public School Finance Act of 1994 2025",11
article 54 of title 22. This subsection (7) applies to students who are less12
than twenty-two years of age.13
SECTION 61. In Colorado Revised Statutes, 26.5-4-202, amend14
(2)(a)(I) as follows:15
26.5-4-202. Legislative declaration. (2) (a) The general16
assembly further finds and declares that:17
(I) In 2000, the voters approved section 17 of article IX of the18
state constitution, which requires the general assembly to annually19
increase, by at least the rate of inflation, the statewide base per pupil20
funding, as defined by the "Public School Finance Act of 1994", article21
54 of title 22, for public education from preschool through twelfth grade;22
SECTION 62. In Colorado Revised Statutes, 26.5-4-208, amend23
(6)(b) as follows:24
26.5-4-208. Preschool provider funding - per-child rates - local25
contribution - distribution and use of money - definitions - repeal.26
(6) As used in this section, unless the context otherwise requires:27
1448
-105- (b) "Funded pupil count" has the same meaning as provided in1
section 22-54-103 MEANS THE FUNDED PUPIL COUNT AS DETERMINED2
PURSUANT TO ARTICLE 54 OF TITLE 22.3
SECTION 63. In Colorado Revised Statutes, 34-63-102, amend4
(5.4) introductory portion and (5.4)(e)(III) as follows:5
34-63-102. Creation of mineral leasing fund - distribution -6
advisory committee - local government permanent fund created -7
transfer of money - definitions. (5.4) Except as otherwise provided in8
subsection (5.5) of this section, on and after July 1, 2008, all moneys9
MONEY other than bonus payments, as defined in paragraph (b) of10
subsection (5.3) SUBSECTION (5.3)(b) of this section, credited to the11
mineral leasing fund created in subparagraph (II) of paragraph (a) of12
subsection (1) SUBSECTION (1)(a)(II) of this section shall MUST be13
distributed on a quarterly basis for quarters beginning on July 1, October14
1, January 1, and April 1 of each state fiscal year as follows:15
(e) (III) The executive director of the department of local affairs16
shall make the distributions required by subparagraphs (I) and (II) of this17
paragraph (e) SUBSECTIONS (5)(e)(I) AND (5)(e)(II) OF THIS SECTION at the18
same time as the executive director makes distributions to counties19
pursuant to paragraph (c) of this subsection (5.4) SUBSECTION (5.4)(c) OF20
THIS SECTION, and the total amount of the distributions made to all school21
districts within a single county shall MUST be in proportion to the amount22
of the moneys MONEY distributed directly to the county pursuant to said23
paragraph (c) SUBSECTION (5.4)(c) OF THIS SECTION. Where more than one24
school district exists within a county, the distribution to each school25
district shall MUST be the percentage that the most recent funded pupil26
count, as determined pursuant to the "Public School Finance Act of 199427
1448
-106- 2025", article 54 of title 22, C.R.S. for pupils enrolled in the county1
attributable to that school district bears to the most recent total funded2
pupil count for all pupils attributable to the county.3
SECTION 64. In Colorado Revised Statutes, 39-5-132, amend4
(5) as follows:5
39-5-132. Assessment and taxation of new construction.6
(5) Moneys MONEY received by a school district pursuant to this section7
shall MUST be deposited in the district's capital reserve fund and shall8
MUST not be included in calculating the amount of revenue which THAT9
a district is entitled to receive from the property tax levy for the general10
fund of the district under the "Public School Finance Act of 1994 2025",11
article 54 of title 22. C.R.S.12
SECTION 65. In Colorado Revised Statutes, 39-10-103, amend13
(2) as follows:14
39-10-103. Tax statement - repeal. (2) Each tax notice shall15
MUST contain information regarding the actual school district general16
fund mill levy and the school district general fund mill levy in absence of17
funds estimated to be received by school districts pursuant to the "Public18
School Finance Act of 1994 2025", article 54 of title 22, and the19
estimated funds to be received for the general funds of districts from the20
state.21
SECTION 66. In Colorado Revised Statutes, 39-10-114, amend22
(1)(a)(I)(B) as follows:23
39-10-114. Abatement - ca ncellation of taxes.24
(1) (a) (I) (B) The assessor shall certify the proportional amount of the25
total amount of abatements and refunds granted pursuant to the provisions26
of this section to the appropriate taxing entities at the same time that AS27
1448
-107- the certification of valuation for assessment is made pursuant to the1
provisions of section 39-5-128. Any taxing entity may adjust the amount2
of its tax levy authorized pursuant to the provisions of section 29-1-3013
C.R.S. by an additional amount which THAT does not exceed the4
proportional share of the total amount of abatements and refunds made5
pursuant to the provisions of this section. After calculating the amount of6
property tax revenues necessary to satisfy the requirements of the "Public7
School Finance Act of 1994 2025", article 54 of title 22, C.R.S. any8
school district shall add an amount equal to the proportional share of the9
total amount of abatements and refunds granted pursuant to the provisions10
of this section prior to the setting of the mill levy for such school district.11
Any additional amount added pursuant to the provisions of this subsection12
(1) shall MUST not be included in the total amount of revenue levied in13
said THE year for the purposes of computing the limit for the succeeding14
year pursuant to the provisions of section 29-1-301. C.R.S. Where WHEN15
a final determination is made granting an abatement or refund pursuant16
to the provisions of this section, the abatement or refund granted shall17
MUST be payable at such time as determined by the board of county18
commissioners after consultation with affected taxing entities but no later19
than upon the payment of property taxes for the property tax year in20
which said THE final determination was made. For the purposes of this21
sub-subparagraph (B) SUBSECTION (1)(a)(I)(B), a taxing entity's22
proportional share of the total amount of abatements and refunds granted23
shall MUST be based upon the amount of tax levied by a taxing entity on24
such THE real property in proportion to the total amount of tax levied on25
such THE real property by such taxing entities.26
SECTION 67. In Colorado Revised Statutes, 43-4-502, amend27
1448
-108- (2) as follows:1
43-4-502. Legislative declaration. (2) It is further the intent of2
the general assembly that no provision of this part 5 shall affect AFFECTS3
the
FORMER "Public School Finance Act of 1973", article 50 of title 22,4
C.R.S.
the FORMER "Public School Finance Act of 1988", article 53 of5
title 22, C.R.S. the FORMER "Public School Finance Act of 1994", article6
54 of title 22, C.R.S. THE "PUBLIC SCHOOL FINANCE ACT OF 2025,7
ARTICLE 54 OF TITLE 22, or any additional school financing mechanisms8
adopted by the general assembly.9
SECTION 68. Appropriation. For the 2024-25 state fiscal year,10
$184,433 is appropriated to the department of education. This11
appropriation is from the general fund and is based on an assumption that12
the division will require an additional 1.8 FTE. To implement this act, the13
department may use this appropriation for administration related to public14
school finance.15
SECTION 69. Appropriation. For the 2024-25 state fiscal year,16
$11,500,000 is appropriated to the department of education. This17
appropriation is from the charter school facilities assistance account, an18
account within the public school capital construction assistance fund,19
created in section 22-43.7-104 (2)(d), C.R.S. To implement this act, the20
department may use this appropriation for state aid for charter school21
facilities.22
SECTION 70. Appropriation - adjustments to 2024 long bill.23
(1) To implement this act, appropriations made in the annual general24
appropriation act for the 2024-25 state fiscal year to the department of25
education are adjusted as follows:26
(a) The cash funds appropriation from the state public school fund27
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income earned on the investment of money in the public school fund that2
is credited to the state public school fund pursuant to section 22-41-1023
(3)(h), C.R.S., for the state share of districts' total program funding is4
decreased by $5,000,000; and5
(b) The cash funds appropriation from the state public school fund6
created in section 22-54-114 (1) C.R.S., from interest and income earned7
on the investment of money in the public school fund that is credited to8
the state public school fund pursuant to section 22-41-102 (3)(h), C.R.S.,9
for at-risk per pupil additional funding is decreased by $5,000,000. 10
(2) For the 2024-25 state fiscal year, $10,000,000 is appropriated11
to the department of education. This appropriation is from the state12
education fund created in section 17 (4)(a) of article IX of the state13
constitution. To implement this act, the department may use this14
appropriation as follows:15
(a) $5,000,000 for the state share of districts' total program16
funding; and17
(b) $5,000,000 for at-risk per pupil additional funding.18
SECTION 71. Appropriation. (1) For the 2024-25 state fiscal19
year, $32,875 is appropriated to the legislative department. This20
appropriation is from the general fund. To implement this act, the21
department may use this appropriation as follows:22
(a) $2,359 for use by the general assembly; 23
(b) $22,047 for use by the legislative council, which amount is24
based on an assumption that the legislative council will require an25
additional 0.3 FTE; and26
(c) $8,469 for the committee on legal services, which amount is27
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-110- based on an assumption that the committee will require an additional 0.11
FTE.2
SECTION 72. Safety clause. The general assembly finds,3
determines, and declares that this act is necessary for the immediate4
preservation of the public peace, health, or safety or for appropriations for5
the support and maintenance of the departments of the state and state6
institutions.7
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