Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 24-0977.06 Jacob Baus x2173
HOUSE BILL 24-1448
House Committees Senate Committees
Education Education
Appropriations 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
SENATE
Amended 2nd Reading
May 5, 2024
HOUSE
Amended 3rd Reading
May 1, 2024
HOUSE
Amended 2nd Reading
April 30, 2024
HOUSE SPONSORSHIP
McCluskie and Bacon, Boesenecker, English, Epps, Herod, Joseph, Kipp, Lukens,
Martinez, Mauro, McCormick, McLachlan, Ortiz, Pugliese, Ricks, Velasco, Weissman,
Woodrow, Young
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 . 22
ON OR AFTER JANUARY 1, 2025, WHEN THE DEPARTMENT OF EDUCATION23
MAKES MID-YEAR ADJUSTMENTS, THE JOINT BUDGET COMMITTEE SHALL24
DEVELOP A SUSTAINABILITY PLAN THAT MAKES FINDINGS AND25
RECOMMENDATIONS REGARDING HOW THE GENERAL ASSEMBLY CAN26
FULLY FUND TOTAL PROGRAM DETERMINATIONS PURSUANT TO SECTIONS27
1448
-33- 22-54-103.3 AND 22-54-103.5. ON OR AFTER JANUARY 1, 2026, AND1
ON OR AFTER JANUARY 1 EACH YEAR THEREAFTER, WHEN THE2
DEPARTMENT OF EDUCATION MAKES MID-YEAR ADJUSTMENTS, THE JOINT3
BUDGET COMMITTEE SHALL REVIEW THE SUSTAINABILITY PLAN AND4
UPDATE IT AS NECESSARY.5
(5) (a) AS USED IN THIS SUBSECTION (5), UNLESS THE CONTEXT6
OTHERWISE REQUIRES:7
(I) "ASSESSMENT YEAR" MEANS A BUDGET YEAR WHEN THE8
LATTER HALF OF THE BUDGET YEAR OCCURS DURING AN EVEN-NUMBERED9
CALENDAR YEAR.10
(II) "INFLATION" MEANS, FOR ANY BUDGET YEAR, THE ANNUAL11
PERCENTAGE CHANGE IN THE UNITED STATES DEPARTMENT OF LABOR12
STATISTICS CONSUMER PRICE INDEX FOR DENVER-BOULDER, OR ITS13
APPLICABLE SUCCESSOR INDEX, FOR ALL ITEMS PAID BY ALL URBAN14
CONSUMERS FOR THE CALENDAR YEAR BEFORE THE APPLICABLE BUDGET15
YEAR.16
(III) "NON-ASSESSMENT YEAR" MEANS A BUDGET YEAR WHEN THE17
LATTER HALF OF THE BUDGET YEAR OCCURS DURING AN ODD-NUMBERED18
CALENDAR YEAR.19
(b) (I) NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE 54,20
FOR THE 2024-25 BUDGET YEAR THROUGH THE 2029-30 BUDGET YEARS,21
IF THE JOINT BUDGET COMMITTEE DETERMINES THAT ANY ONE OF THE22
CONDITIONS DESCRIBED IN SUBSECTION (5)(c) OF THIS SECTION23
OCCURRED:24
(A) FOR THE NEXT BUDGET YEAR, AND FOR EACH BUDGET YEAR25
THEREAFTER, THE DEPARTMENT OF EDUCATION SHALL CALCULATE AND26
DETERMINE EACH DISTRICT'S TOTAL PROGRAM PURSUANT TO THE27
1448
-34- CALCULATION AND DETERMINATION REQUIRED FOR THE BUDGET YEAR1
WHEN THE CONDITION DESCRIBED IN SUBSECTION (5)(c) OF THIS SECTION2
OCCURRED; AND3
(B) THE JOINT BUDGET COMMITTEE SHALL PROMPTLY NOTIFY THE4
SPEAKER OF THE HOUSE OF REPRESENTATIVES; THE PRESIDENT OF THE5
SENATE; THE MINORITY LEADERS OF THE HOUSE OF REPRESENTATIVES AND6
THE SENATE; THE EDUCATION COMMITTEES OF THE HOUSE OF7
REPRESENTATIVES AND THE SENATE , OR ANY SUCCESSOR COMMITTEES;8
AND THE COMMISSIONER OF THE DEPARTMENT OF EDUCATION THAT THE9
CONDITION DESCRIBED IN SUBSECTION (5)(c) OF THIS SECTION OCCURRED,10
AND THAT EACH DISTRICT'S TOTAL PROGRAM WILL BE CALCULATED AND11
DETERMINED PURSUANT TO SUBSECTION (5)(b)(I) OF THIS SECTION FOR12
THE NEXT BUDGET YEAR, AND FOR EACH BUDGET YEAR THEREAFTER .13
(II) NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE 54,14
DURING THE 2024-25 BUDGET YEAR, IF THE JOINT BUDGET COMMITTEE15
DETERMINES THAT ANY ONE OF THE CONDITIONS DESCRIBED IN16
SUBSECTION (5)(c) OF THIS SECTION OCCURRED, FOR THE 2025-26 BUDGET17
YEAR, THE DEPARTMENT OF EDUCATION SHALL CALCULATE AND18
DETERMINE EACH DISTRICT'S TOTAL PROGRAM PURSUANT TO THE19
CALCULATION AND DETERMINATION REQUIRED PURSUANT TO SECTION20
22-54-104.21
(c) (I) THE REQUIREMENTS DESCRIBED IN SUBSECTION (5)(b) OF22
THIS SECTION ARE INITIATED IF:23
(A) IN AN ASSESSMENT YEAR , THE PERCENT CHANGE IN THE24
STATEWIDE TOTAL LOCAL SHARE OF TOTAL PROGRAM FUNDING FOR THE25
CURRENT BUDGET YEAR TO THE STATEWIDE TOTAL LOCAL SHARE OF THE26
TOTAL PROGRAM FUNDING FOR THE PRIOR BUDGET YEAR IS AN AMOUNT27
1448
-35- THAT IS LESS THAN INFLATION MINUS TWO PERCENT ;1
(B) IN A NON-ASSESSMENT YEAR, THE STATEWIDE TOTAL LOCAL2
SHARE OF TOTAL PROGRAM FUNDING FOR THE CURRENT BUDGET YEAR3
COMPARED TO THE STATEWIDE TOTAL LOCAL SHARE OF THE TOTAL4
PROGRAM FUNDING FOR THE PRIOR BUDGET YEAR IS AN AMOUNT THAT5
DECREASED BY TWO PERCENT OR MORE ; OR6
(C) IN EITHER AN ASSESSMENT YEAR OR A NON-ASSESSMENT YEAR,7
THE MARCH REVENUE FORECAST RELIED ON BY THE GENERAL ASSEMBLY8
IN SETTING THE BUDGET FOR THE NEXT STATE FISCAL YEAR ESTIMATES9
THAT THE INCOME TAX DIVERSION TO THE STATE EDUCATION FUND, AS10
REQUIRED PURSUANT TO SECTION 17 OF ARTICLE IX OF THE STATE11
CONSTITUTION, WILL DECREASE BY FIVE PERCENT OR MORE IN EITHER THE12
CURRENT BUDGET YEAR OR THE NEXT BUDGET YEAR .13
(II) THE REQUIREMENTS DESCRIBED IN SUBSECTION (5)(b) OF THIS14
SECTION ARE INITIATED IF ANY OF THE FOLLOWING ESTIMATE THAT THE15
CONDITIONS DESCRIBED IN SUBSECTION (5)(c)(I)(A) OR (5)(c)(I)(B) OF16
THIS SECTION WILL OCCUR:17
(A) INFORMATION CONCERNING LOCAL SHARE OF TOTAL PROGRAM18
FUNDING RELEVANT TO THIS ARTICLE 54 CONTAINED IN A DECEMBER19
REVENUE FORECAST PREPARED BY THE LEGISLATIVE COUNCIL STAFF ;20
(B) INFORMATION CONTAINED IN THE FINAL FISCAL NOTE21
PREPARED BY THE LEGISLATIVE COUNCIL STAFF CONCERNING THE22
ESTIMATED IMPACT OF AN ACT OF THE GENERAL ASSEMBLY THAT BECOMES23
LAW THAT REDUCES PROPERTY TAXES ; OR24
(C) INFORMATION CONTAINED IN THE FISCAL IMPACT STATEMENT25
IN THE BALLOT INFORMATION BOOKLET PREPARED BY THE DIRECTOR OF26
RESEARCH OF THE LEGISLATIVE COUNCIL OF THE GENERAL ASSEMBLY27
1448
-36- PURSUANT TO SECTION 1-40-124.5, CONCERNING THE ESTIMATED IMPACT1
OF AN INITIATIVE OR REFERRED MEASURE THAT IS APPROVED BY THE2
PEOPLE AND BECOMES LAW UPON OFFICIAL DECLARATION OF THE VOTE BY3
THE GOVERNOR, THAT REDUCES PROPERTY TAXES .4
(6) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2031.5
SECTION 7. In Colorado Revised Statutes, add 22-54-103.5 as6
follows:7
22-54-103.5. District total program - rules - legislative8
declaration - repeal. (1) (a) F
OR THE 2030-31 BUDGET YEAR AND EACH9
BUDGET YEAR THEREAFTER , THE DEPARTMENT OF EDUCATION SHALL USE10
THIS SECTION TO DETERMINE EACH DISTRICT 'S TOTAL PROGRAM. THE11
DISTRICT'S TOTAL PROGRAM IS AVAILABLE TO THE DISTRICT TO FUND THE12
COSTS OF PROVIDING PUBLIC EDUCATION , AND, EXCEPT AS OTHERWISE13
PROVIDED IN SECTION 22-54-105, THE DISTRICT HAS THE DISCRETION TO14
DETERMINE THE AM OUNTS AND PURPOSES FOR BUDGETING AND15
EXPENDING ITS DISTRICT TOTAL PROGRAM MONEY .16
(b) N
OTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION TO17
THE CONTRARY, IF A DISTRICT IS AN INSTITUTE CHARTER SCHOOL 'S18
ACCOUNTING DISTRICT , THEN THE DISTRICT TOTAL PROGRAM19
DETERMINATION PURSUANT TO THIS SECTION ALSO REPRESENTS THE20
INSTITUTE CHARTER SCHOOL'S FINANCIAL BASE OF SUPPORT FOR PUBLIC21
EDUCATION, EVEN THOUGH THE INSTITUTE CHARTER SCHOOL IS NOT THE22
DISTRICT'S SCHOOL. THE AMOUNT OF THE DISTRICT 'S STATE SHARE OF23
TOTAL PROGRAM THAT IS WITHHELD FROM THE DISTRICT AND PAID TO THE24
STATE CHARTER SCHOOL INSTITUTE PURSUANT TO SECTION 22-54-11525
(1.3)
IS NOT AVAILABLE TO OR UNDER THE CONTROL OF THE DISTRICT BUT26
IS AVAILABLE TO AND UNDER THE CONTROL OF THE INSTITUTE CHARTER27
1448
-37- SCHOOL'S GOVERNING BOARD TO FUND THE COSTS OF PROVIDING PUBLIC1
EDUCATION TO STUDENTS ENROLLED IN THE INSTITUTE CHARTER SCHOOL .2
T
HE INSTITUTE CHARTER SCHOOL HAS THE DISCRETION TO D ETERMINE THE3
AMOUNTS AND PURPOSES FOR BUDGETING AND EXPENDING ITS TOTAL4
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
-38- 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
(III) T
HIS SUBSECTION (1)(c) IS REPEALED, EFFECTIVE JULY 1,5
2031.6
(2) District total program formula. A
DISTRICT'S TOTAL7
PROGRAM IS:8
D
ISTRICT FOUNDATION FUNDING9
+
DISTRICT AT-RISK FUNDING10
+
DISTRICT ENGLISH LANGUAGE LEARNER FUNDING11
+
DISTRICT SPECIAL EDUCATION FUNDING12
+
DISTRICT COST OF LIVING FACTOR FUNDING13
+
DISTRICT LOCALE FACTOR FUNDING14
+
DISTRICT SIZE FACTOR FUNDING15
+
DISTRICT EXTENDED HIGH SCHOOL FUNDING16
+
DISTRICT ONLINE FUNDING.17
(3) Statewide base per pupil funding. (Reserved)18
(4) Funded pupil count. F
UNDED PUPIL COUNT IS:19
(a) T
HE DISTRICT'S ONLINE PUPIL ENROLLMENT FOR THE20
APPLICABLE BUDGET YEAR PLUS THE DISTRICT 'S SUPPLEMENTAL21
KINDERGARTEN ENROLLMENT FOR THE APPLICABLE BUDGET YEAR PLUS22
THE DISTRICT'S EXTENDED HIGH SCHOOL PUPIL ENROLLMENT FOR THE23
APPLICABLE BUDGET YEAR PLUS THE GREATER OF :24
(I) T
HE DISTRICT'S PUPIL ENROLLMENT FOR THE APPLICABLE25
BUDGET YEAR;26
(II) T
HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE27
1448
-39- APPLICABLE BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR1
THE IMMEDIATELY PRECEDING BUDGET YEAR ;2
(III) T
HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE3
APPLICABLE BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR4
THE TWO IMMEDIATELY PRECEDING BUDGET YEARS ; OR5
(IV) T
HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE6
APPLICABLE BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR7
THE THREE IMMEDIATELY PRECEDING BUDGET YEARS .8
(b) (I) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE9
CONTRARY, FOR PURPOSES OF SUBSECTION (4)(a) OF THIS SECTION, A10
DISTRICT'S FUNDED PUPIL COUNT INCLUDES THE CERTIFIED PUPIL11
ENROLLMENT AND ONLINE PUPIL ENROLLMENT OF EACH OPERATING12
INSTITUTE CHARTER SCHOOL FOR WHICH THE DISTRICT IS THE ACC OUNTING13
DISTRICT, AS PROVIDED PURSUANT TO SUBSECTIONS (4)(b)(II) AND14
(4)(b)(III)
OF THIS SECTION. THE DEPARTMENT OF EDUCATION SHALL ADD15
THE INSTITUTE CHARTER SCHOOL 'S CERTIFIED PUPIL ENROLLMENT AND16
ONLINE PUPIL ENROLLMENT TO THE FUNDED PUPIL COUNT OF THE DISTRICT17
PRIOR TO CALCULATING THE DISTRICT 'S TOTAL PROGRAM PURSUANT TO18
THIS SECTION.19
(II) F
OR PURPOSES OF SUBSECTION (4)(b)(I) OF THIS SECTION,20
EACH OPERATING INSTITUTE CHARTER SCHOOL 'S CERTIFIED PUPIL21
ENROLLMENT IS THE GREATER OF:22
(A) T
HE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL23
ENROLLMENT FOR THE APPLICABLE BUDGET YEAR ;24
(B) T
HE AVERAGE OF THE OPERATING INSTITUTE CHARTER25
SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND26
THE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR27
1448
-40- THE IMMEDIATELY PRECEDING BUDGET YEAR ;1
(C) T
HE AVERAGE OF THE OPERATING INSTITUTE CHARTER2
SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND3
THE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR4
THE TWO IMMEDIATELY PRECEDING BUDGET YEARS ; OR5
(D) T
HE AVERAGE OF THE OPERATING INSTITUTE CHARTER6
SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND7
THE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR8
THE THREE IMMEDIATELY PRECEDING BUDGET YEARS .9
(III) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE10
CONTRARY, FOR PURPOSES OF SUBSECTION (4)(b)(II) OF THIS SECTION, AN11
OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT INCLUDES12
ITS ONLINE STUDENT ENROLLMENT , EXCEPT FOR MULTI-DISTRICT ONLINE13
SCHOOL STUDENT ENROLLMENT .14
(c) T
HE GENERAL ASSEMBLY FINDS AND DECLARES THAT FOR THE15
PURPOSES OF SECTION 17 OF ARTICLE IX OF THE STATE CONSTITUTION,16
AVERAGING A DISTRICT'S PUPIL ENROLLMENT FOR THE APPLICABLE17
BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR THE THREE18
IMMEDIATELY PRECEDING BUDGET YEARS PURSUANT TO THIS SUBSECTION19
(4),
AND AVERAGING AN OPERATING INSTITUTE CHARTER SCHOOL 'S20
STUDENT ENROLLMENT AND ONLINE PUPIL ENROLLMENT PURSUANT TO21
THIS SUBSECTION (4), IS A PROGRAM FOR ACCOUNTABLE EDUCATION22
REFORM AND MAY THEREFORE RECEIVE FUNDING FROM THE STATE23
EDUCATION FUND CREATED IN SECTION 17 (4) OF ARTICLE IX OF THE24
STATE CONSTITUTION.25
(d) (I) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE26
CONTRARY, FOR THE PURPOSES OF THIS SUBSECTION (4), A DISTRICT'S27
1448
-41- PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND A DISTRICT 'S1
PUPIL ENROLLMENT FOR A PRECEDING BUDGET YEAR DO NOT INCLUDE A2
PUPIL WHO IS OR WAS ENROLLED IN A CHARTER SCHOOL THAT WAS3
ORIGINALLY AUTHORIZED BY THE DISTRICT BUT WAS SUBSEQUENTLY4
CONVERTED, ON OR AFTER JULY 1, 2010, TO AN INSTITUTE CHARTER5
SCHOOL OR TO A CHARTER SCHOOL OF A DISTRICT CONTIGUOUS TO THE6
ORIGINALLY AUTHORIZING DISTRICT.7
(II) N
OTWITHSTANDING ANY PROVISION OF THIS SUBSECTION (4)8
TO THE CONTRARY, FOR THE PURPOSES OF THIS SUBSECTION (4), IF A9
DISTRICT'S FUNDED PUPIL COUNT CALCULATED PURSUANT TO THIS10
SUBSECTION (4) FOR A BUDGET YEAR IS FEWER THAN SIXTY STUDENTS, THE11
DISTRICT'S FUNDED PUPIL COUNT FOR THE B UDGET YEAR IS SIXTY12
STUDENTS.13
(5) District foundation funding. A
DISTRICT'S FOUNDATION14
FUNDING IS:15
(S
TATEWIDE BASE PER PUPIL FUNDING X (DISTRICT FUNDED PUPIL16
COUNT - DISTRICT EXTENDED HIGH SCHOOL PUPIL ENROLLMENT -17
D
ISTRICT ONLINE PUPIL ENROLLMENT)).18
(6) District at-risk funding.
(a) A DISTRICT'S AT-RISK FUNDING19
IS:20
(S
TATEWIDE BASE PER PUPIL FUNDING X TWENTY-FIVE PERCENT)21
X DISTRICT AT-RISK PUPIL ENROLLMENT.22 (b) NOTWITHSTANDING SUBSECTION (6)(a) OF THIS SECTION, IF A23
DISTRICT'S FUNDED PUPIL COUNT IS LESS THAN SEVEN THOUSAND PUPILS24
AND THE DISTRICT PERCENTAGE OF AT-RISK PUPILS IS SEVENTY PERCENT25
OR GREATER, THE DISTRICT'S AT-RISK FUNDING IS:26
(STATEWIDE BASE PER PUPIL FUNDING X THIRTY-TWO PERCENT)27
1448
-42- X DISTRICT AT-RISK PUPIL ENROLLMENT.1
(7) District English language learner funding. A
DISTRICT'S2
E
NGLISH LANGUAGE LEARNER FUNDING IS :3
(S
TATEWIDE BASE PER PUPIL FUNDING X TWENTY-FIVE PERCENT)4
X DISTRICT ENGLISH LANGUAGE LEARNER PUPIL ENROLLMENT .5
(8) District extended high school funding. (a) A
DISTRICT'S6
EXTENDED HIGH SCHOOL FUNDING IS :7
(D
ISTRICT EXTENDED HIGH SCHOOL PUPIL ENROLLMENT X $9,588,8
OR AN AMOUNT DETERMINED PURSUANT SUBSECTION (8)(b) OF9
THIS SECTION).10
(b) T
HE DOLLAR AMOUNT IN SUBSECTION (8)(a) OF THIS SECTION11
MUST INCREASE BY THE SAME PERCENTAGE THAT THE STATEWIDE BASE12
PER PUPIL FUNDING FOR THE APPLICABLE BUDGET YEAR IS INCREASED . THE13
AMOUNT MUST BE ROUNDED TO THE NEAREST DOLLAR .14
(9) District online funding. (a) A
DISTRICT'S ONLINE FUNDING IS:15
(D
ISTRICT ONLINE PUPIL ENROLLMENT X $9,588, OR AN AMOUNT16
DETERMINED PURSUANT TO SUBSECTION (9)(b) OF THIS SECTION).17
(b) T
HE DOLLAR AMOUNT IN SUBSECTION (9)(a) OF THIS SECTION18
MUST INCREASE BY THE SAME PERCENTAGE THAT THE STATEWIDE BASE19
PER PUPIL FUNDING FOR THAT BUDGET YEAR IS INCREASED . THE AMOUNT20
MUST BE ROUNDED TO THE NEAREST DOLLAR .21
(10) District special education pupil funding. A
DISTRICT'S22
SPECIAL EDUCATION PUPIL FUNDING IS:23
(S
TATEWIDE BASE PER PUPIL FUNDING X TWENTY-FIVE PERCENT)24
X DISTRICT SPECIAL EDUCATION PUPIL ENROLLMENT .25
(11) District cost of living factor funding - rules. (a) A26
DISTRICT'S COST OF LIVING FACTOR FUNDING IS:27
1448
-43- (STATEWIDE BASE PER PUPIL FUNDING X (DISTRICT FUNDED PUPIL1
COUNT - DISTRICT EXTENDED HIGH SCHOOL PUPIL ENROLLMENT -2
D
ISTRICT ONLINE PUPIL ENROLLMENT) X DISTRICT COST OF LIVING3
FACTOR).4
(b) (I) A
DISTRICT'S COST OF LIVING FACTOR IS DETERMINED5
PURSUANT TO SUBSECTION (11)(c) OF THIS SECTION; EXCEPT THAT,6
NOTWITHSTANDING THIS SUBSECTION (11) TO THE CONTRARY , A7
DISTRICT'S COST OF LIVING FACTOR MUST NOT EXCEED TWENTY -THREE8
PERCENT.9
(II) T
HE COST OF LIVING FACTOR ALLOWED FOR EACH DISTRICT10
PURSUANT TO THIS SUBSECTION (11) REFLECTS THE DIFFERENCES IN THE11
COSTS OF HOUSING, GOODS, AND SERVICES AMONG REGIONS IN WHICH12
DISTRICTS ARE LOCATED. THE FACTOR DOES NOT REFLECT ANY ANNUAL13
INCREASE IN THE COSTS OF HOUSING, GOODS, AND SERVICES CAUSED BY14
INFLATION.15
(c) (I) F
OR THE 2025-26 BUDGET YEAR, A DISTRICT'S COST OF16
LIVING FACTOR IS THE DISTRICT'S COST OF LIVING AMOUNT IDENTIFIED IN17
THE 2023 COST OF LIVING ANALYSIS ADJUSTED FOR LABOR POOL AREAS ,18
DIVIDED BY THE MINIMUM COST OF LIVING AMOUNT FOR A DISTRICT19
IDENTIFIED IN THE 2023 COST OF LIVING ANALYSIS ADJUSTED FOR LABOR20
POOL AREAS, MINUS ONE.21
(II) F
OR THE 2026-27 AND 2027-28 BUDGET YEARS, A DISTRICT'S22
COST OF LIVING FACTOR IS THE DISTRICT 'S COST OF LIVING AMOUNT23
IDENTIFIED IN THE 2025 COST OF LIVING ANALYSIS ADJUSTED FOR LABOR24
POOL AREAS, DIVIDED BY THE MINIMUM COST OF LIVING AMOUNT FOR A25
DISTRICT IDENTIFIED IN THE 2025 COST OF LIVING ANALYSIS ADJUSTED FOR26
LABOR POOL AREAS, MINUS ONE.27
1448
-44- (III) FOR EVERY TWO-YEAR BUDGET YEAR PERIOD THEREAFTER , A1
DISTRICT'S COST OF LIVING FACTOR IS THE DISTRICT'S COST OF LIVING2
AMOUNT, IDENTIFIED IN THE BIENNIAL COST OF LIVING ANALYSIS3
ADJUSTED FOR LABOR POOL AREAS , DIVIDED BY THE MINIMUM COST OF4
LIVING AMOUNT FOR A DISTRICT IDENTIFIED IN THE MOST RECENT COST OF5
LIVING ANALYSIS ADJUSTED FOR LABOR POOL AREAS , MINUS ONE.6
(IV) T
HE COST OF LIVING FACTOR FOR EACH DISTRICT MUST BE7
CERTIFIED TO THE DEPARTMENT OF EDUCATION BY LEGISLATIVE COUNCIL8
STAFF FOR EACH TWO-YEAR PERIOD THEREAFTER BASED UPON A NEW COST9
OF LIVING ANALYSIS. THE CERTIFICATION MUST BE MADE NO LATER THAN10
A
PRIL 15 OF THE APPLICABLE YEAR AND IS EFFECTIVE FOR THE BUDGET11
YEAR BEGINNING ON JULY 1 OF THAT YEAR AND THE BUDGET YEAR12
THEREAFTER.13
(V) T
HE DEPARTMENT OF EDUCATION SHALL TRANSFER A PORTION14
OF THE TOTAL AMOUNT APPROPRIATED BY THE GENERAL ASSEMBLY IN THE15
ANNUAL GENERAL APPROPRIATION BILL FOR THAT BUDGET YEAR FOR16
ASSISTANCE TO PUBLIC SCHOOLS, PUBLIC SCHOOL FINANCE, AND STATE17
SHARE OF DISTRICTS' TOTAL PROGRAM FUNDING TO THE LEGISLATIVE18
COUNCIL TO FUND THE COST OF LIVING ANALYSIS REQUIRED PURSUANT TO19
THIS SUBSECTION (11). THE AMOUNT TRANSFERRED BY THE DEPARTMENT20
OF EDUCATION MUST NOT EXCEED THE MAXIMUM AMOUNT SPECIFIED IN A21
FOOTNOTE RELATED TO THIS APPROPRIATION IN THE ANNUAL GENERAL22
APPROPRIATION BILL FOR THAT BUDGET YEAR . THE REMAINDER OF THE23
AMOUNT APPROPRIATED FOR ASSISTANCE TO PUBLIC SCHOOLS , PUBLIC24
SCHOOL FINANCE, AND STATE SHARE OF DISTRICTS ' TOTAL PROGRAM25
FUNDING MUST BE DISTRIBUTED TO SCHOOL DISTRICTS IN THE MANNER26
PROVIDED IN SECTION 22-54-106 (4)(c).27
1448
-45- (d) (I) THE DEPARTMENT OF EDUCATION SHALL PROMULGATE1
RULES FOR THE ASSIGNMENT OF A COST OF LIVING FACTOR TO ANY NEW2
DISTRICT ORGANIZED PURSUANT TO ARTICLE 30 OF THIS TITLE 22, EXCEPT3
FOR NEW DISTRICTS THAT ARE CREATED AS THE RESULT OF A4
DECONSOLIDATION AS DESCRIBED IN SECTION 22-30-102 (2)(a), UNTIL THE5
COST OF LIVING FACTOR FOR THE DISTRICT IS CERTIFIED BY LEGISLATIVE6
COUNCIL STAFF PURSUANT TO THIS SECTION .7
(II) T
HE RULES PROMULGATED PURSUANT TO THIS SUBSECTION8
(11)(d)
MUST BE DESIGNED TO PROVIDE NEITHER AN INCENTIVE NOR A9
DISINCENTIVE TO THE ORGANIZATION OF NEW DISTRICTS PURSUANT TO10
ARTICLE 30 OF THIS TITLE 22 AND MUST INCLUDE PROVISIONS TO ENSURE11
THAT THE COST OF LIVING FACTOR WITHIN A NEW DISTRICT IS NOT12
REDUCED SOLELY BECAUSE THE NEW DISTRICT IS THE RESULT OF A13
CONSOLIDATION OF EXISTING DISTRICTS. THE RULES MUST CONSIDER THE14
COST OF LIVING FACTORS ASSIGNED TO THE DISTRICTS THAT ARE AFFECTED15
BY THE ORGANIZATION OF THE NEW DISTRICT AND THE CIRCUMSTANCES16
OF THE NEW DISTRICT BASED ON THE MOST RECENT COST OF LIVING17
ANALYSIS PERFORMED BY THE LEGISLATIVE COUNCIL .18
(III) N
EW DISTRICTS THAT ARE CREATED AS THE RESULT OF A19
DECONSOLIDATION AS DESCRIBED IN SECTION 22-30-102 (2)(a) RETAIN20
THE COST OF LIVING FACTOR OF THE DISTRICT FROM WHICH THEY WERE21
SEPARATED UNTIL THE COST OF LIVING FACTOR FOR THE NEW DISTRICT IS22
CERTIFIED BY THE LEGISLATIVE COUNCIL STAFF PURSUANT TO THIS23
SECTION.24
(12) District locale factor funding. (a) A
DISTRICT'S LOCALE25
FACTOR FUNDING IS:26
(S
TATEWIDE BASE PER PUPIL FUNDING X (DISTRICT FUNDED PUPIL27
1448
-46- COUNT - DISTRICT EXTENDED HIGH SCHOOL PUPIL ENROLLMENT -1
D
ISTRICT ONLINE PUPIL ENROLLMENT ) X DISTRICT LOCALE2
FACTOR).3
(b) A
DISTRICT'S LOCALE FACTOR IS:4
(I) T
WENTY-FIVE PERCENT, IF THE DISTRICT IS CLASSIFIED AS5
RURAL REMOTE;6
(II) T
WENTY PERCENT, IF THE DISTRICT IS CLASSIFIED AS RURAL7
DISTANT;8
(III) F
IFTEEN PERCENT, IF THE DISTRICT IS CLASSIFIED AS RURAL9
FRINGE;10
(IV) T
EN PERCENT, IF THE DISTRICT IS CLASSIFIED AS TOWN11
REMOTE;12
(V) F
IVE PERCENT, IF THE DISTRICT IS CLASSIFIED AS TOWN13
DISTANT;14
(VI) T
WO AND A HALF PERCENT, IF THE DISTRICT IS CLASSIFIED AS15
TOWN FRINGE;16
(VII) Z
ERO PERCENT, IF THE DISTRICT IS CLASSIFIED AS SUBURBAN17
SMALL;18
(VIII) Z
ERO PERCENT, IF THE DISTRICT IS CLASSIFIED AS SUBURBAN19
MIDSIZE;20
(IX) Z
ERO PERCENT, IF THE DISTRICT IS CLASSIFIED AS SUBURBAN21
LARGE;22
(X) Z
ERO PERCENT, IF THE DISTRICT IS CLASSIFIED AS CITY SMALL;23
(XI) Z
ERO PERCENT, IF THE DISTRICT IS CLASSIFIED AS CITY24
MIDSIZE; OR25
(XII) Z
ERO PERCENT, IF THE DISTRICT IS CLASSIFIED AS CITY26
LARGE.27
1448
-47- (c) NOTWITHSTANDING SUBSECTION (12)(a) OF THIS SECTION, IF A1
DISTRICT IS CLASSIFIED AS RURAL REMOTE OR TOWN REMOTE , THE2
DISTRICT'S LOCALE FACTOR FUNDING IS THE AMOUNT DETERMINED3
PURSUANT TO SUBSECTION (12)(a) OF THIS SECTION PLUS ONE HUNDRED4
THOUSAND DOLLARS.5
(d) A DISTRICT'S CLASSIFICATION, AS DESCRIBED PURSUANT TO6
SUBSECTION (12)(b) OR (12)(c) OF THIS SECTION, IS DETERMINED BY THE7
LATEST CLASSIFICATIONS OR CLASSIFICATION CRITERIA ISSUED BY THE8
NATIONAL CENTER FOR EDUCATION STATISTICS IN THE INSTITUTE OF9
EDUCATION SCIENCES OF THE UNITED STATES DEPARTMENT OF10
EDUCATION.11
(e) NOTWITHSTANDING SUBSECTION (12)(d) OF THIS SECTION, IF12
A DISTRICT DOES NOT ALIGN WITH A CLASSIFICATION ISSUED BY THE13
NATIONAL CENTER FOR EDUCATION STATISTICS , THE DEPARTMENT OF14
EDUCATION SHALL DESIGNATE THE DISTRICT 'S LOCALE FACTOR BASED ON15
CONSIDERATIONS THAT ALIGN IT WITH A SIMILARLY SITUATED DISTRICT16
THAT HAS A CLASSIFICATION ISSUED BY THE NATIONAL CENTER FOR17
EDUCATION STATISTICS. IF THE DEPARTMENT OF EDUCATION IS REQUIRED18
TO DESIGNATE THE DISTRICT 'S LOCALE FACTOR PURSUANT TO THIS19
SUBSECTION (12)(e), THE DEPARTMENT OF EDUCATION SHALL CONSULT20
WITH LEGISLATIVE COUNSEL STAFF CONCERNING THE ADJUSTMENT FOR21
ANY INFORMATION NECESSARY TO MAKE AN APPROPRIATE DESIGNATION .22
(13) District size factor funding. (a) A
DISTRICT'S SIZE FACTOR23
FUNDING IS:24
(S
TATEWIDE BASE PER PUPIL FUNDING X (DISTRICT FUNDED PUPIL25
COUNT - DISTRICT EXTENDED HIGH SCHOOL PUPIL ENROLLMENT -26
D
ISTRICT ONLINE PUPIL ENROLLMENT) X DISTRICT SIZE FACTOR).27
1448
-48- (b) A DISTRICT'S SIZE FACTOR IS:1
(I) I
F THE DISTRICT'S FUNDED PUPIL COUNT IS LESS THAN TWO2
HUNDRED SEVENTY-SIX:3
0.5457
+ (0.00376159 X THE DIFFERENCE BETWEEN THE FUNDED4
PUPIL COUNT AND TWO HUNDRED SEVENTY -SIX).5
(II) I
F THE DISTRICT'S FUNDED PUPIL COUNT IS TWO HUNDRED6
SEVENTY-SIX OR MORE BUT LESS THAN FOUR HUNDRED FIFTY -NINE:7
0.2385
+ (0.00167869 X THE DIFFERENCE BETWEEN THE FUNDED8
PUPIL COUNT AND FOUR HUNDRED FIFTY -NINE).9
(III) I
F THE DISTRICT'S FUNDED PUPIL COUNT IS FOUR HUNDRED10
FIFTY-NINE OR MORE BUT LESS THAN ONE THOUSAND TWENTY -SEVEN:11
0.1215
+ (0.00020599 X THE DIFFERENCE BETWEEN THE FUNDED12
PUPIL COUNT AND ONE THOUSAND TWENTY -SEVEN).13
(IV) I
F THE DISTRICT'S FUNDED PUPIL COUNT IS ONE THOUSAND14
TWENTY-SEVEN OR MORE BUT LESS THAN TWO THOUSAND TWO HUNDRED15
NINETY-THREE:16
0.0533
+ (0.00005387 X THE DIFFERENCE BETWEEN THE FUNDED17
PUPIL COUNT AND TWO THOUSAND TWO HUNDRED NINETY -THREE).18
(V) I
F THE DISTRICT'S FUNDED PUPIL COUNT IS TWO THOUSAND19
TWO HUNDRED NINETY-THREE OR MORE BUT LESS THAN THREE THOUSAND20
FIVE HUNDRED:21
0.0368
+ (0.00001367 X THE DIFFERENCE BETWEEN THE FUNDED22
PUPIL COUNT AND THREE THOUSAND FIVE HUNDRED ).23
(VI) I
F THE DISTRICT'S FUNDED PUPIL COUNT IS THREE THOUSAND24
FIVE HUNDRED OR MORE BUT LESS THAN SIX THOUSAND FIVE HUNDRED :25
0.0297
+ (0.00000473 X THE DIFFERENCE BETWEEN THE FUNDED26
PUPIL COUNT AND SIX THOUSAND FIVE HUNDRED ).27
1448
-49- (VII) IF THE DISTRICT'S FUNDED PUPIL COUNT IS SIX THOUSAND1
FIVE HUNDRED OR MORE: 0.00.2
(c) (I) I
F THE REORGANIZATION OF A DISTRICT OR DISTRICTS3
RESULTS IN A DISTRICT INVOLVED IN THE REORGANIZATION HAVING A4
GREATER SIZE FACTOR THAN THE ORIGINAL DISTRICT OR DISTRICTS HAD5
FOR THE BUDGET YEAR IMMEDIATELY PRECEDING REORGANIZATION , THE6
DISTRICTS INVOLVED IN THE REORGANIZATION MUST USE , FOR EACH7
BUDGET YEAR, THE SIZE FACTOR THE ORIGINAL DISTRICT HAD PRIOR TO8
THE REORGANIZATION OR, IF TWO OR MORE DISTRICTS REORGANIZE INTO9
A SINGLE DISTRICT, THE SIZE FACTOR OF THE ORIGINAL DISTRICT WITH THE10
LOWEST SIZE FACTOR FOR THE BUDGET YEAR IMMEDIATELY PRECEDING11
REORGANIZATION. A DISTRICT INVOLVED IN THE REORGANIZATION SHALL12
NOT, FOR ANY BUDGET YEAR , USE THE SIZE FACTOR THAT WOULD13
OTHERWISE BE PROVIDED PURSUANT TO THIS SUBSECTION (13).14
(II) I
F THE REORGANIZATION OF A DISTRICT OR DISTRICTS RESULTS15
IN A DISTRICT INVOLVED IN THE REORGANIZATION HAVING A LOWER SIZE16
FACTOR THAN THE ORIGINAL DISTRICT OR DISTRICTS HAD FOR THE BUDGET17
YEAR IMMEDIATELY PRECEDING REORGANIZATION , THE NEW DISTRICT OR18
DISTRICTS MUST USE A SIZE FACTOR DETERMINED AS FOLLOWS :19
(A) F
OR THE FIRST BUDGET YEAR FOLLOWING REORGANIZATION ,20
THE SIZE FACTOR OF THE ORIGINAL DISTRICT FOR THE BUDGET YEAR21
IMMEDIATELY PRECEDING REORGANIZATION OR , IF TWO OR MORE22
DISTRICTS ARE INVOLVED IN THE REORGANIZATION , THE WEIGHTED23
AVERAGE SIZE FACTOR OF THE ORIGINAL DISTRICTS FOR THE BUDGET YEAR24
IMMEDIATELY PRECEDING REORGANIZATION . FOR PURPOSES OF THIS25
SUBSECTION (13)(c)(II)(A), THE WEIGHTED AVERAGE SIZE FACTOR IS THE26
SUM OF THE AMOUNTS CALCULATED BY MULTIPLYING THE FUNDED PUPIL27
1448
-50- COUNTS OF THE ORIGINAL DISTRICTS BY THE SIZE FACTOR OF THE ORIGINAL1
DISTRICTS AND DIVIDING THAT SUM BY THE TOTAL FUNDED PUPIL COUNT2
OF THE ORIGINAL DISTRICTS.3
(B) F
OR THE SECOND BUDGET YEAR FOLLOWING REORGANIZATION ,4
THE SIZE FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR MINUS5
AN AMOUNT EQUAL TO ONE-FIFTH OF THE DIFFERENCE BETWEEN THE SIZE6
FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR AND THE SIZE7
FACTOR DETERMINED PURSUANT TO SUBSECTION (13)(b) OF THIS SECTION;8
(C) F
OR THE THIRD BUDGET YEAR FOLLOWING REORGANIZATION ,9
THE SIZE FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR MINUS10
AN AMOUNT EQUAL TO ONE -FOURTH OF THE DIFFERENCE BETWEEN THE11
SIZE FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR AND THE12
SIZE FACTOR DETERMINED PURSUANT TO SUBSECTION (13)(b) OF THIS13
SECTION;14
(D) F
OR THE FOURTH BUDGET YEAR FOLLOWING REORGANIZATION ,15
THE SIZE FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR MINUS16
AN AMOUNT EQUAL TO ONE-THIRD 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
(E) F
OR THE FIFTH BUDGET YEAR FOLLOWING REORGANIZATION ,20
THE SIZE FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR MINUS21
AN AMOUNT EQUAL TO ONE-HALF OF THE DIFFERENCE BETWEEN THE SIZE22
FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR AND THE SIZE23
FACTOR DETERMINED PURS UANT TO SUBSECTION (13)(b) OF THIS SECTION;24
AND25
(F) F
OR THE SIXTH BUDGET YEAR FOLLOWING REORGANIZATION26
AND BUDGET YEARS THEREAFTER , THE SIZE FACTOR DETERMINED27
1448
-51- PURSUANT TO SUBSECTION (13)(b) OF THIS SECTION.1
(14) Total program funding. (Reserved)2
SECTION 8. In Colorado Revised Statutes, 22-54-104, amend3
(1) and (5)(b)(IV); and add (7) and (8) as follows:4
22-54-104. District total program - legislative declaration -5
definitions - repeal. (1) (a) For every budget year the provisions of6
THROUGH THE 2024-25 BUDGET YEAR, this section shall MUST be used to7
calculate for each district an amount that represents the financial base of8
support for public education in that district. Such amount shall be known9
as the district's total program DETERMINE EACH DISTRICT 'S TOTAL10
PROGRAM. The district's total program shall be IS available to the district11
to fund the costs of providing public education, and, except as otherwise12
provided in section 22-54-105, the amounts and purposes for which such13
moneys are budgeted and expended shall be in the discretion of the14
district THE DISTRICT HAS THE DISCRETION TO DETERMINE THE AMOUNTS15
AND PURPOSES FOR BUDGETING AND EXPENDING ITS TOTAL PROGRAM16
MONEY.17
(b) Notwithstanding the provisions of paragraph (a) of this18
subsection (1) SUBSECTION (1)(a) OF THIS SECTION TO THE CONTRARY, if19
a district is the accounting district of an institute charter school AN20
INSTITUTE CHARTER SCHOOL'S ACCOUNTING DISTRICT, then the calculation21
of total program pursuant to the provisions of this section shall also22
represent the financial base of support for the institute charter school23
TOTAL PROGRAM DETERMINATION PURSUANT TO THIS SECTION ALSO24
REPRESENTS THE INSTITUTE CHARTER SCHOOL 'S FINANCIAL BASE OF25
SUPPORT, even though the institute charter school is not a school of the26
district. The amount of the district's state share of total program that is27
1448
-52- withheld from the district and paid to the state charter school institute1
pursuant to the provisions of section 22-54-115 (1.3) shall IS not be2
available to nor OR under the control of the district but shall be IS under3
the control of the
INSTITUTE CHARTER SCHOOL'S governing board of the
4
institute charter school to fund the costs of providing public education to5
pupils enrolled in the institute charter school. and the amounts and6
purposes for which such moneys are budgeted and expended shall be in7
the discretion of the institute charter school. THE INSTITUTE CHARTER8
SCHOOL HAS THE DISCRETION TO DETERMINE THE AMOUNTS AND PURPOSES9
FOR BUDGETING AND EXPENDING ITS TOTAL PROGRAM MONEY .10
(c) (I) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE11
CONTRARY, FOR THE 2025-26 BUDGET YEAR THROUGH THE 2029-3012
BUDGET YEAR, THE DEPARTMENT OF EDUCATION SHALL CALCULATE EACH13
DISTRICT'S TOTAL PROGRAM PURSUANT TO THIS SECTION FOR THE PURPOSE14
OF DETERMINING EACH DISTRICT'S TOTAL PROGRAM PURSUANT TO SECTION15
22-54-103.3.
THE DISTRICT'S TOTAL PROGRAM IS AVAILABLE TO THE16
DISTRICT TO FUND THE COSTS OF PROVIDING PUBLIC EDUCATION , AND,17
EXCEPT AS OTHERWISE PROVIDED IN SECTION 22-54-105, THE DISTRICT18
HAS THE DISCRETION TO DETERMINE THE AMOUNTS AND PURPOSES FOR19
BUDGETING AND EXPENDING ITS DISTRICT TOTAL PROGRAM MONEY .20
(II) N
OTWITHSTANDING SUBSECTION (1)(c)(I) OF THIS SECTION TO21
THE CONTRARY, IF A DISTRICT IS AN INSTITUTE CHARTER SCHOOL 'S22
ACCOUNTING DISTRICT , THEN THE DISTRICT TOTAL PROGRAM23
CALCULATION PURSUANT TO THIS SECTION ALSO REPRESENTS THE24
INSTITUTE CHARTER SCHOOL'S FINANCIAL BASE OF SUPPORT FOR PUBLIC25
EDUCATION, EVEN THOUGH THE INSTITUTE CHARTER SCHOOL IS NOT THE26
DISTRICT'S SCHOOL. THE AMOUNT OF THE DISTRICT 'S STATE SHARE OF27
1448
-53- TOTAL PROGRAM THAT IS WITHHELD FROM THE DISTRICT AND PAID TO THE1
STATE CHARTER SCHOOL INSTITUTE PURSUANT TO SECTION 22-54-1152
(1.3)
IS NOT AVAILABLE TO OR UNDER THE CONTROL OF THE DISTRICT BUT3
IS AVAILABLE TO AND UNDER THE CONTROL OF THE INSTITUTE CHARTER4
SCHOOL'S GOVERNING BOARD TO FUND THE COSTS OF PROVIDING PUBLIC5
EDUCATION TO STUDENTS ENROLLED IN THE INSTITUTE CHARTER SCHOOL .6
T
HE INSTITUTE CHARTER SCHOOL HAS THE DISCRETION TO DETERMINE THE7
AMOUNTS AND PURPOSES FOR BUDGETING AND EXPENDING ITS TOTAL8
PROGRAM MONEY.9
(5) For purposes of the formulas used in this section:10
(b) (IV) For the 1998-99 budget year and budget years thereafter,
11
The funded pupil count used to calculate a district's size factor pursuant12
to this paragraph (b) shall be SUBSECTION (5)(b) IS the funded pupil count13
as calculated pursuant to section 22-54-103 (7) reduced by sixty-five14
percent of the number of pupils included in the funded pupil count that15
are enrolled in charter schools in the district; except that the provisions of16
this subparagraph (IV) shall THIS SUBSECTION (5)(b)(IV) only apply17
APPLIES to those districts with a funded pupil count as calculated pursuant18
to section 22-54-103 (7) of five hundred or less FEWER.19
(7) (a) F
OR PURPOSES THIS SECTION, "FUNDED PUPIL COUNT "20
MEANS THE DISTRICT'S ONLINE PUPIL ENROLLMENT FOR THE APPLICABLE21
BUDGET YEAR PLUS THE DISTRICT 'S SUPPLEMENTAL KINDERGARTEN22
ENROLLMENT FOR THE APPLICABLE BUDGET YEAR PLUS THE DISTRICT 'S23
EXTENDED HIGH SCHOOL PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET24
YEAR PLUS THE GREATER OF:25
(I) T
HE DISTRICT'S PUPIL ENROLLMENT FOR THE APPLICABLE26
BUDGET YEAR;27
1448
-54- (II) THE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE1
APPLICABLE BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR2
THE IMMEDIATELY PRECEDING BUDGET YEAR ;3
(III) T
HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE4
APPLICABLE BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR5
THE TWO IMMEDIATELY PRECEDING BUDGET YEARS ;6
(IV) T
HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE7
APPLICABLE BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR8
THE THREE IMMEDIATELY PRECEDING BUDGET YEARS ; OR9
(V) T
HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE10
APPLICABLE BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR11
THE FOUR IMMEDIATELY PRECEDING BUDGET YEARS .12
(b) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE13
CONTRARY, FOR PURPOSES OF SUBSECTION (7)(a) OF THIS SECTION, A14
DISTRICT'S FUNDED PUPIL COUNT INCLUDES THE CERTIFIED PUPIL15
ENROLLMENT AND ONLINE PUPIL ENROLLMENT OF EACH OPERATING16
INSTITUTE CHARTER SCHOOL FOR WHICH THE DISTRICT IS THE ACC OUNTING17
DISTRICT, AS PROVIDED PURSUANT TO SUBSECTIONS (7)(c) AND (7)(d) OF18
THIS SECTION. THE DEPARTMENT OF EDUCATION SHALL ADD THE19
INSTITUTE CHARTER SCHOOL'S CERTIFIED PUPIL ENROLLMENT AND ONLINE20
PUPIL ENROLLMENT TO THE FUNDED PUPIL COUNT OF THE DISTRICT PRIOR21
TO CALCULATING THE DISTRICT 'S TOTAL PROGRAM PURSUANT TO THIS22
SECTION.23
(c) F
OR PURPOSES OF SUBSECTION (7)(b) OF THIS SECTION, EACH24
OPERATING INSTITUTE CHARTER SCHOOL 'S CERTIFIED PUPIL ENROLLMENT25
IS THE GREATER OF:26
(I) T
HE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL27
1448
-55- ENROLLMENT FOR THE APPLICABLE BUDGET YEAR ;1
(II) T
HE AVERAGE OF THE OPERATING INSTITUTE CHARTER2
SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND3
THE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR4
THE IMMEDIATELY PRECEDING BUDGET YEAR ;5
(III) T
HE AVERAGE OF THE OPERATING INSTITUTE CHARTER6
SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND7
THE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR8
THE TWO IMMEDIATELY PRECEDING BUDGET YEARS ;9
(IV) T
HE AVERAGE OF THE OPERATING INSTITUTE CHARTER10
SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND11
THE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR12
THE THREE IMMEDIATELY PRECEDING BUDGET YEARS ; OR13
(V) T
HE AVERAGE OF THE OPERATING INSTITUTE CHARTER14
SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND15
THE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR16
THE FOUR IMMEDIATELY PRECEDING BUDGET YEARS .17
(d) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE18
CONTRARY, FOR PURPOSES OF SUBSECTION (7)(c) OF THIS SECTION, AN19
OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT INCLUDES20
ITS ONLINE PUPIL ENROLLMENT , EXCEPT FOR MULTI-DISTRICT ONLINE21
SCHOOL PUPIL ENROLLMENT.22
(e) T
HE GENERAL ASSEMBLY FINDS AND DECLARES THAT FOR THE23
PURPOSES OF SECTION 17 OF ARTICLE IX OF THE STATE CONSTITUTION,24
AVERAGING A DISTRICT'S PUPIL ENROLLMENT FOR THE APPLICABLE25
BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR THE FOUR26
IMMEDIATELY PRECEDING BUDGET YEARS PURSUANT TO THIS SUBSECTION27
1448
-56- (7), AND AVERAGING AN OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL1
ENROLLMENT AND ONLINE PUPIL ENROLLMENT PURSUANT TO THIS2
SUBSECTION (7), IS A PROGRAM FOR ACCOUNTABLE EDUCATION REFORM3
AND MAY THEREFORE RECEIVE FUNDING FROM THE STATE EDUCATION4
FUND CREATED IN SECTION 17 (4) OF ARTICLE IX OF THE STATE5
CONSTITUTION.6
(f) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY ,7
FOR THE PURPOSES OF THIS SUBSECTION (7), A DISTRICT'S PUPIL8
ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND A DISTRICT 'S PUPIL9
ENROLLMENT FOR ANY PRECEDING BUDGET YEAR DO NOT INCLUDE A PUPIL10
WHO IS OR WAS ENROLLED IN A CHARTER SCHOOL THAT WAS ORIGINALLY11
AUTHORIZED BY THE DISTRICT BUT WAS SUBSEQUENTLY CONVERTED , ON12
OR AFTER JULY 1, 2010, TO AN INSTITUTE CHARTER SCHOOL OR TO A13
CHARTER SCHOOL OF A DISTRICT CONTIGUOUS TO THE ORIGINALLY14
AUTHORIZING DISTRICT.15
(g) N
OTWITHSTANDING ANY PROVISION OF THIS SUBSECTION (7) TO16
THE CONTRARY, FOR THE PURPOSES OF THIS SUBSECTION (7), IF A17
DISTRICT'S FUNDED PUPIL COUNT CALCULATED PURSUANT TO THIS18
SUBSECTION (7) FOR A BUDGET YEAR IS FEWER THAN FIFTY PUPILS , THE19
DISTRICT'S FUNDED PUPIL COUNT FOR THE BUDGET YEAR IS FIFTY PUPILS .20
(h) S
OLELY FOR THE PURPOSE OF AVERAGING PUPIL ENROLLMENT21
PURSUANT TO SUBSECTION (7)(a) OF THIS SECTION FOR A DISTRICT THAT22
OPERATES A FULL-DAY KINDERGARTEN EDUCATIONAL PROGRAM , THE23
DEPARTMENT OF EDUCATION SHALL ADJUST THE DISTRICT 'S PUPIL24
ENROLLMENTS FOR THE 2018-19, 2017-18, 2016-17, AND 2015-16 BUDGET25
YEARS BY COUNTING EACH PUPIL ENROLLED IN A FULL -DAY26
KINDERGARTEN EDUCATIONAL PROGRAM IN ONE OF THOSE BUDGET YEARS27
1448
-57- AS A FULL-TIME STUDENT. THE ADJUSTMENT TO PUPIL ENROLLMENT MADE1
PURSUANT TO THIS SUBSECTION (7)(h) DOES NOT AFFECT OR CHANGE THE2
FUNDED PUPIL COUNT USED TO CALCULATE A DISTRICT 'S FISCAL YEAR3
SPENDING LIMITATION PURSUANT TO SECTION 20 OF ARTICLE X OF THE4
STATE CONSTITUTION FOR A BUDGET YEAR COMMENCING BEFORE JULY 1,5
2019.6
(8) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1,
2031.7
8
SECTION 9. In Colorado Revised Statutes, add 22-20-114.3 as9
follows:10
22-20-114.3. Agreements with administrative units for special11
education services - legislative declaration. (1) THE GENERAL12
ASSEMBLY FINDS AND DECLARES THAT THE REQUIREMENTS DESCRIBED IN13
SUBSECTION (2) OF THIS SECTION ARE NECESSARY AS A MATTER OF PUBLIC14
POLICY.15
(2) NO LATER THAN JULY 1, 2025, A DISTRICT OR INSTITUTE16
CHARTER SCHOOL THAT IS SERVED BY A MULTI-DISTRICT ADMINISTRATIVE17
UNIT FOR THE ESTABLISHMENT, MAINTENANCE, OR PROVISION OF SPECIAL18
EDUCATION SERVICES MUST UPDATE AN EXISTING AGREEMENT19
CONCERNING SPECIAL EDUCATION SERVICES TO CONTAIN PROVISIONS20
REGARDING THE ALLOCATION OF ANY DISTRICT SPECIAL EDUCATION PUPIL21
FUNDING RECEIVED BY A SERVED DISTRICT OR INSTITUTE CHARTER22
SCHOOL PURSUANT TO ARTICLE 54 OF THIS TITLE 22.23
SECTION 10. In Colorado Revised Statutes, 22-41-102, amend24
(3)(h) introductory portion; and add (3)(i), (3)(j), and (3)(k) as follows:25
22-41-102. Fund inviolate. (3) (h) For the 2022-23 state fiscal26
year and each state fiscal year thereafter THROUGH THE 2023-24 STATE27
1448
-58- FISCAL YEAR, interest or income earned on the investment of the money1
in the public school fund must be used or credited as follows:2
(i) F
OR THE 2024-25 STATE FISCAL YEAR, INTEREST
AND INCOME3
EARNED ON THE INVESTMENT OF THE MONEY IN THE PUBLIC SCHOOL FUND4
MUST BE USED OR CREDITED AS FOLLOWS :5
6
(I) THE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE TO7
THE STATE TREASURER AN AMOUNT NECESSARY TO PAY FOR THE SERVICES8
OF THE INVESTMENT CONSULTANT HIRED BY THE PUBLIC SCHOOL FUND9
INVESTMENT BOARD PURSUANT TO SECTION 22-41-102.5 (5) AND TO PAY10
FOR ANY REIMBURSEMENT FOR TRAVEL AND OTHER NECESSARY EXPENSES11
INCURRED BY THE MEMBERS OF THE PUBLIC SCHOOL FUND INVESTMENT12
BOARD PURSUANT TO SECTION 22-41-102.5 (2);13
(II) AFTER THE APPROPRIATION MADE PURSUANT TO SUBSECTION14
(3)(i)(I) OF THIS SECTION, THE LESSER OF ALL INTEREST AND INCOME OR15
ELEVEN MILLION DOLLARS IS CREDITED TO THE STATE PUBLIC SCHOOL16
FUND CREATED IN SECTION 22-54-114 FOR DISTRIBUTION AS PROVIDED IN17
THAT SECTION;18
(III) AFTER MONEY IN THE PUBLIC SCHOOL FUND HAS BEEN19
APPROPRIATED OR CREDITED PURSUANT TO SUBSECTIONS (3)(i)(I) AND20
(3)(i)(II) OF THIS SECTION, THE LESSER OF ALL INTEREST AND INCOME OR21
THIRTY MILLION DOLLARS IS CREDITED TO THE RESTRICTED ACCOUNT OF22
THE PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE FUND CREATED23
IN SECTION 22-43.7-104 (5) FOR USE AS PROVIDED IN THAT SECTION; AND24
(IV) ANY ADDITIONAL INTEREST AND INCOME REMAINING IN THE25
PUBLIC SCHOOL FUND MAY BE CREDITED AS SPECIFIED BY THE GENERAL26
ASSEMBLY, TAKING INTO CONSIDERATION THE RECOMMENDATIONS OF THE27
1448
-59- PUBLIC SCHOOL FUND INVESTMENT BOARD DESCRIBED IN SECTION1
22-41-102.5 (4)(a)(III), OR, IF NOT CREDITED PURSUANT TO THIS2
SUBSECTION (3)(i)(IV), REMAINS IN THE PUBLIC SCHOOL FUND.3
(j) F
OR THE 2025-26 STATE FISCAL YEAR, INTEREST
AND INCOME4
EARNED ON THE INVESTMENT OF THE MONEY IN THE PUBLIC SCHOOL FUND5
MUST BE USED OR CREDITED AS FOLLOWS :6
7
(I) THE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE TO8
THE STATE TREASURER AN AMOUNT NECESSARY TO PAY FOR THE SERVICES9
OF THE INVESTMENT CONSULTANT HIRED BY THE PUBLIC SCHOOL FUND10
INVESTMENT BOARD PURSUANT TO SECTION 22-41-102.5 (5) AND TO PAY11
FOR ANY REIMBURSEMENT FOR TRAVEL AND OTHER NECESSARY EXPENSES12
INCURRED BY THE MEMBERS OF THE PUBLIC SCHOOL FUND INVESTMENT13
BOARD PURSUANT TO SECTION 22-41-102.5 (2);14
(II) AFTER THE APPROPRIATION MADE PURSUANT TO SUBSECTION15
(3)(j)(I) OF THIS SECTION, THE LESSER OF ALL INTEREST AND INCOME OR16
FIVE MILLION DOLLARS IS CREDITED TO THE STATE PUBLIC SCHOOL FUND17
CREATED IN SECTION 22-54-114 FOR DISTRIBUTION AS PROVIDED IN THAT18
SECTION;19
(III) AFTER MONEY IN THE PUBLIC SCHOOL FUND HAS BEEN20
APPROPRIATED OR CREDITED PURSUANT TO SUBSECTIONS (3)(j)(I) AND21
(3)(j)(II) OF THIS SECTION, THE LESSER OF ALL INTEREST AND INCOME OR22
THIRTY-SIX MILLION DOLLARS IS CREDITED TO THE RESTRICTED ACCOUNT23
OF THE PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE FUND24
CREATED IN SECTION 22-43.7-104 (5) FOR USE AS PROVIDED IN THAT25
SECTION; AND26
(IV) ANY ADDITIONAL INTEREST AND INCOME REMAINING IN THE27
1448
-60- PUBLIC SCHOOL FUND MAY BE CREDITED AS SPECIFIED BY THE GENERAL1
ASSEMBLY, TAKING INTO CONSIDERATION THE RECOMMENDATIONS OF THE2
PUBLIC SCHOOL FUND INVESTMENT BOARD DESCRIBED IN SECTION3
22-41-102.5 (4)(a)(III), OR, IF NOT CREDITED PURSUANT TO THIS4
SUBSECTION (3)(j)(IV), REMAINS IN THE PUBLIC SCHOOL FUND.5
(k) FOR THE 2026-27 STATE FISCAL YEAR AND EACH STATE FISCAL6
YEAR THEREAFTER, INTEREST AND INCOME EARNED ON THE INVESTMENT7
OF THE MONEY IN THE PUBLIC SCHOOL FUND MUST BE USED OR CREDITED8
AS FOLLOWS:9
(I) THE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE TO10
THE STATE TREASURER AN AMOUNT NECESSARY TO PAY FOR THE SERVICES11
OF THE INVESTMENT CONSULTANT HIRED BY THE PUBLIC SCHOOL FUND12
INVESTMENT BOARD PURSUANT TO SECTION 22-41-102.5 (5) AND TO PAY13
FOR ANY REIMBURSEMENT FOR TRAVEL AND OTHER NECESSARY EXPENSES14
INCURRED BY THE MEMBERS OF THE PUBLIC SCHOOL FUND INVESTMENT15
BOARD PURSUANT TO SECTION 22-41-102.5 (2);16
(II) AFTER MONEY IN THE PUBLIC SCHOOL FUND HAS BEEN17
APPROPRIATED PURSUANT TO SUBSECTION (3)(k)(I) OF THIS SECTION, THE18
LESSER OF ALL INTEREST AND INCOME OR FORTY-ONE MILLION DOLLARS19
IS CREDITED TO THE RESTRICTED ACCOUNT OF THE PUBLIC SCHOOL20
CAPITAL CONSTRUCTION ASSISTANCE FUND CREATED IN SECTION21
22-43.7-104 (5) FOR USE AS PROVIDED IN THAT SECTION; AND22
(III) ANY ADDITIONAL INTEREST AND INCOME REMAINING IN THE23
PUBLIC SCHOOL FUND MAY BE CREDITED AS SPECIFIED BY THE GENERAL24
ASSEMBLY, TAKING INTO CONSIDERATION THE RECOMMENDATIONS OF THE25
PUBLIC SCHOOL FUND INVESTMENT BOARD DESCRIBED IN SECTION26
22-41-102.5 (4)(a)(III), OR, IF NOT CREDITED PURSUANT TO THIS27
1448
-61- SUBSECTION (3)(k)(III), REMAINS IN THE PUBLIC SCHOOL FUND.1
SECTION 11. In Colorado Revised Statutes, 22-43.7-104,2
amend (2)(d) as follows:3
22-43.7-104. Public school capital construction assistance fund4
- creation - crediting of money to fund - use of fund - emergency5
reserve - creation - reserve account - creation and use. (2) (d) (I) For6
the state fiscal year commencing July 1, 2018, the state treasurer,7
as provided in section 39-28.8-305 (1)(a), shall credit to the assistance8
fund the greater of the first forty million dollars received and collected9
from the excise tax on retail marijuana imposed pursuant to part 3 of10
article 28.8 of title 39 or ninety percent of the money received and11
collected from the tax. For the state fiscal year commencing July 1, 2019,12
and for each state fiscal year thereafter except for the state fiscal year13
commencing July 1, 2020, the state treasurer, as provided in section14
39-28.8-305 (1)(a), shall annually credit to the assistance fund all of the15
money received and collected from the excise tax on retail marijuana16
imposed pursuant to part 3 of article 28.8 of title 39. For the state fiscal17
year commencing July 1, 2020, the state treasurer, as provided in section18
39-28.8-305 (1)(a), shall credit to the assistance fund the lesser of the first19
forty million dollars received and collected from the excise tax on retail20
marijuana imposed pursuant to part 3 of article 28.8 of title 39 or all of21
the money received and collected from the tax. For state fiscal years22
commencing before July 1, 2019, the state treasurer shall credit twelve23
and five-tenths percent of the amount annually credited pursuant to this24
subsection (2)(d) to the charter school facilities assistance account, which25
account is created within the assistance fund. For each state fiscal year26
commencing on or after July 1, 2019, the state treasurer shall credit to the27
1448
-62- charter school facilities assistance account a percentage of the amount1
credited pursuant to this subsection (2)(d) that is equal to the percentage2
of pupil enrollment, as defined in section 22-54-103 (10), statewide3
represented by pupils who were enrolled in charter schools for the prior4
school year. The department of education shall notify the state treasurer5
of the applicable percentage no later than June 1 of the immediately6
preceding fiscal year.7
(II) I
N ADDITION TO THE CREDIT MADE TO THE CHARTER SCHOOL8
FACILITIES ASSISTANCE ACCOUNT PURSUANT TO SUBSECTION (2)(d)(I) OF9
THIS SECTION, THE STATE TREASURER SHALL CREDIT THE FOLLOWING10
AMOUNTS TO THE CHARTER SCHOOL FACILITIES ASSISTANCE ACCOUNT11
FROM THE PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE FUND :12
(A) F
OR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 2024,13
ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ;14
(B) F
OR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 2025,15
TWELVE MILLION DOLLARS;16
(C) F
OR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 2026,17
THIRTEEN MILLION DOLLARS;18
(D) F
OR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 2027,19
FOURTEEN MILLION DOLLARS; AND20
(E) F
OR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 2028,21
FIFTEEN MILLION DOLLARS.22
(III) IF ELIGIBILITY CRITERIA ARE SATISFIED, THE DEPARTMENT23
SHALL APPLY FOR A STATE CHARTER SCHOOL FACILITIES INCENTIVE GRANT24
AWARDED BY THE UNITED STATES DEPARTMENT OF EDUCATION .25
SECTION 12. In Colorado Revised Statutes, 22-43.7-110,26
amend (2)(a)(VII) and (2)(a)(VIII); and add (2)(a)(IX) as follows:27
1448
-63- 22-43.7-110. Financial assistance - grants - financed purchase1
of an asset agreements. (2) Subject to the following requirements and2
limitations, the board may also instruct the state treasurer to enter into3
financed purchase of an asset or certificate of participation agreements on4
behalf of the state to provide financial assistance to applicants by5
financing public school facility capital construction projects for which the6
state board has recommended and the capital development committee has7
authorized the provision of financial assistance that involves a financed8
purchase of an asset or certificate of participation agreement pursuant to9
section 22-43.7-109 (7):10
(a) Subject to the limitation specified in subsection (2)(b) of this11
section, the maximum total amount of annual payments payable by the12
state during any fiscal year under the terms of all outstanding financed13
purchase of an asset or certificate of participation agreements entered into14
by the state treasurer as instructed by the board pursuant to this subsection15
(2) is:16
(VII) One hundred five million dollars for the 2019-20 fiscal year;17
and18
(VIII) One hundred twenty-five million dollars for the 2020-2119
fiscal year and for each fiscal year thereafter
THROUGH THE 2023-2420
FISCAL YEAR; AND21
(IX) O
NE HUNDRED FIFTY MILLION DOLLARS FOR THE 2024-2522
FISCAL YEAR AND FOR EACH FISCAL YEAR THEREAFTER .23
SECTION 13. In Colorado Revised Statutes, 22-43.7-111, add24
(1)(f) as follows:25
22-43.7-111. Reporting requirements - auditing by state26
auditor. (1) Notwithstanding section 24-1-136 (11)(a)(I), no later than27
1448
-64- February 15, 2010, and no later than each February 15 thereafter, the1
board shall present a written report to the education and finance2
committees of the house of representatives and the senate and the capital3
development committee, or any successor committees, regarding the4
provision of financial assistance to applicants pursuant to this article 43.7.5
The report must include, at a minimum:6
(f) BEGINNING IN THE REPORT DUE NO LATER THAN FEBRUARY 15,7
2026, AND CONTINUING ANNUALLY PURSUANT TO SUBSECTION (1) OF THIS8
SECTION, IN ADDITION TO THE REPORTING REQUIREMENTS DESCRIBED IN9
SUBSECTIONS (1)(a) THROUGH (1)(e) OF THIS SECTION, THE REPORT MUST10
ALSO SEPARATELY SPECIFY ALL THE INFORMATION DESCRIBED IN11
SUBSECTIONS (1)(a) THROUGH (1)(e) OF THIS SECTION AS EACH RELATES12
TO CHARTER SCHOOLS, AS APPLICABLE.13
14
SECTION 14. In Colorado Revised Statutes, repeal 22-54-104.1.15
SECTION 15. In Colorado Revised Statutes, 22-54-104.2,16
amend (1); and repeal (2) as follows:17
22-54-104.2. Legislative declaration. (1) The general assembly18
hereby finds and declares that, for purposes of section 17 of article IX of19
the state constitution, the expansion of the definition of "at-risk pupils",20
as defined in section 22-54-103 (1.5)(a)(V), to include district pupils who21
are English language learners, as defined in section 22-54-10322
(1.5)(b)(IV), the increase in the at-risk factor pursuant to section23
22-54-104 (5)(f)(II) for districts whose percentage of at-risk pupils is24
greater than the statewide average percentage of at-risk pupils and whose25
funded pupil count is greater than fifty thousand, the requirement that26
districts that receive at-risk funding spend a portion of their at-risk27
1448
-65- funding on implementation of the district's English language proficiency1
program pursuant to section 22-54-105 (3)(b)(I) and the increase in the2
at-risk factor from 11.2% to 12% for the 2005-06 budget year and each3
budget year thereafter pursuant to section 22-54-104 (2)(b)(II)(A)4
(2)(b)(II) and (5)(f) are important elements of accountable programs to5
meet state academic standards and may therefore receive funding from6
the state education fund created in section 17 (4) of article IX of the state7
constitution.8
(2) The general assembly further finds and declares that, for9
purposes of section 17 of article IX of the state constitution, the10
enactment of the definition of "at-risk funded pupil count", as defined in11
section 22-54-103 (1), to allow up to three-year averaging of the number12
of at-risk pupils, is an important element of accountable education reform13
and may therefore receive funding from the state education fund created14
in section 17 (4) of article IX of the state constitution.15
SECTION 16. In Colorado Revised Statutes, 22-54-104.3,16
amend (2.7)(a), (2.7)(d)(I) introductory portion, and (2)(d)(I)(A); and17
repeal (3) and (5) as follows:18
22-54-104.3. Total program for budget years - special19
provisions. (2.7) (a) For the 1997-98 budget year and budget years20
thereafter, Notwithstanding the provisions of section 22-54-104 (2) and21
(6) THIS ARTICLE 54, a district's total program for the applicable budget22
year shall MUST not exceed the district's total program for the prior budget23
year multiplied by 100% ONE HUNDRED PERCENT plus the district's24
maximum annual percentage change in the applicable fiscal year25
spending.26
(d) (I) For the 1998-99 budget year and budget years thereafter,27
1448
-66- If a district's total program is calculated pursuant to paragraph (a) of this1
subsection (2.7) SUBSECTION (2.7)(a) OF THIS SECTION and the district is2
capable of receiving an increase in its total program within the limitations3
on its fiscal year spending for the applicable budget year under section 204
of article X of the state constitution, the district may certify to the5
department that it may receive an additional increase in its total program6
for the applicable budget year in an amount equal to the lesser of:7
(A) The difference between the district's total program for the8
applicable budget year calculated pursuant to paragraph (a) of this9
subsection (2.7) SUBSECTION (2.7)(a) OF THIS SECTION and the district's10
total program for the applicable budget year calculated DETERMINED11
pursuant to section 22-54-104 (2) or (6) THIS ARTICLE 54; or12
(3) Notwithstanding the provisions of section 22-54-104 (2), for13
the 1994-95 budget year, if a district's 1994-95 total formula per pupil14
funding is less than the district's 1993-94 total per pupil funding, the total15
program for such district shall be calculated in accordance with the16
following formula:17
(a) If the district's 1994-95 funded pupil count is equal to or less18
than the district's 1993-94 funded pupil count, the formula shall be:19
District 1993-94 funded pupil count x District 1993-94 total per20
pupil funding.21
(b) If the district's 1994-95 funded pupil count is greater than the22
district's 1993-94 funded pupil count, the formula shall be:23
District 1993-94 total funding + ((District 1994-95 funded pupil24
count - District 1993-94 funded pupil count) x District 1994-9525
total formula per pupil funding).26
(5) For purposes of subsection (3) of this section and section27
1448
-67- 22-54-104 (6):1
(a) to (d) Repealed.2
(e) A district's "prior year total per pupil funding" means the3
amount which results from dividing the district's prior year total program4
by the district's prior year funded pupil count.5
(f) A district's "total formula per pupil funding" means the total6
program for a district for the applicable budget year, as calculated7
pursuant to section 22-54-104 (2), divided by the district's funded pupil8
count for the applicable budget year.9
(g) (Deleted by amendment, L. 95, p. 613, § 15, effective May 22,10
1995.)11
SECTION 17. In Colorado Revised Statutes, 22-54-105, amend12
(3)(a); and repeal (3)(b) as follows:13
22-54-105. Instructional supplies and materials - capital14
reserve and insurance reserve - at-risk funding - preschool funding.15
(3) (a) For the 1997-98 budget year and budget years thereafter, Every16
district that receives at-risk funding pursuant to the provisions of section17
22-54-104 THIS ARTICLE 54 shall expend in total at least seventy-five18
percent of the district's at-risk funding on direct instruction or staff19
development, or both, for the educational program of at-risk pupils in the20
district.21
(b) (I) Notwithstanding the provisions of paragraph (a) of this22
subsection (3), for the 2001-02 budget year and budget years thereafter,23
any district that receives at-risk funding pursuant to section 22-54-10424
and qualifies for a higher at-risk factor as provided in section 22-54-10425
(5)(f)(II) shall expend an amount calculated pursuant to subparagraph (II)26
of this paragraph (b) on implementation of the district's English language27
1448
-68- proficiency program as provided in article 24 of this title. It is the intent1
of the general assembly that each school district expend said amount on2
English language proficiency programs that are either taught in English3
or that are designed to move students as quickly as possible into programs4
taught in English. The district shall expend at least seventy-five percent5
of the remaining amount of at-risk funding received on direct instruction6
or staff development, or both, for the educational program of at-risk7
pupils in the district.8
(II) The amount of at-risk funding expended pursuant to9
subparagraph (I) of this paragraph (b) shall be equal to the difference10
between the amount of at-risk funding generated by an increase in the11
at-risk factor of 0.36 of a percentage point versus an increase of 0.34 of12
a percentage point for each percentage point that the district percentage13
of at-risk pupils exceeds the statewide average percentage of at-risk14
pupils.15
SECTION 18. In Colorado Revised Statutes, 22-54-106, amend16
(2.1)(c)(I) and (2.1)(e)(II); and repeal (2) as follows:17
22-54-106. Local and state shares of district total program -18
legislative declaration - definition - repeal. (2) (a) Except as provided19
in subsection (2)(c) of this section for reorganized districts, for the 200720
property tax year and property tax years thereafter through the 201921
property tax year, each district shall levy the lesser of:22
(I) The number of mills levied by the district for the immediately23
preceding property tax year;24
(II) (A) Subject to the provisions of sub-subparagraph (B) of this25
subparagraph (II), the number of mills that will generate property tax26
revenue in an amount equal to the district's total program for the27
1448
-69- applicable budget year minus the amount of specific ownership tax1
revenue paid to the district.2
(B) Regardless of the applicability of section 22-54-104 (5)(g), for3
the purposes of this subparagraph (II), a district's total program shall be4
the amount calculated pursuant to section 22-54-104 (2).5
(III) For a district that has not obtained voter approval to retain6
and spend revenues in excess of the property tax revenue limitation7
imposed on the district by section 20 of article X of the state constitution,8
the number of mills that may be levied by the district under the property9
tax revenue limitation imposed on the district by section 20 of article X10
of the state constitution. In the calculation of local growth for purposes11
of determining the property tax revenue limitation imposed on a district12
under this subparagraph (III), a district's student enrollment shall be the13
district's funded pupil count.14
(IV) Repealed.15
(V) Twenty-seven mills.16
(b) (I) (A) If a district's total program for the 1994-95 budget year17
was calculated pursuant to section 22-54-104.3, for the 1995 property tax18
year, the levy calculated pursuant to paragraph (a) of this subsection (2)19
shall be reduced by the number of mills required to generate the20
difference between the district's total program for the 1994-95 budget21
year, as calculated pursuant to section 22-54-104.3 (3), and the district's22
total program for the 1994-95 budget year, as calculated pursuant to23
section 22-54-104 (2). The amount by which property tax revenue is24
reduced pursuant to this paragraph (b) shall be counted toward the25
limitation on additional local revenues as provided in section 22-54-10826
(3).27
1448
-70- (B) Notwithstanding the provisions of sub-subparagraph (A) of1
this subparagraph (I), if the mill levy was calculated pursuant to2
subparagraph (II) of paragraph (a) of this subsection (2), the difference3
between the district's total program for the 1994-95 budget year, as4
calculated pursuant to section 22-54-104.3 (3), and the district's total5
program for the 1994-95 budget year, as calculated pursuant to section6
22-54-104 (2), shall be added to the total program as calculated pursuant7
to section 22-54-104 (2) to calculate the levy pursuant to this8
subparagraph (I).9
(II) If after calculating the mill levy pursuant to subparagraph (I)10
of this paragraph (b) the district's levy exceeds 41.75 mills, the district11
shall levy 41.75 mills.12
(III) For the 1995-96 budget year, if the amount of property tax13
generated for the 1994-95 budget year by the number of mills by which14
the mills levied by the district for the 1994-95 budget year exceeded15
40.080 mills was equal to or exceeded the difference between the16
district's total program for the 1994-95 budget year, as calculated17
pursuant to section 22-54-104.3 (3), and the district's total program for the18
1994-95 budget year, as calculated pursuant to section 22-54-104 (2), the19
district may levy the difference between the levy pursuant to20
subparagraph (I) and subparagraph (II) of this paragraph (b). For the21
1996-97 budget year and budget years thereafter, the district may continue22
to impose a mill levy that will generate the amount of revenue produced23
by the calculation described in this subparagraph (III) for the 1995-9624
budget year. The amount of property tax generated pursuant to this25
subparagraph (III) shall be counted toward the limitation on additional26
local revenues as provided in section 22-54-108 (3)(f).27
1448
-71- (c) (I) Notwithstanding any other provision of this subsection (2),1
if there is a reorganization pursuant to article 30 of this title, except for a2
detachment and annexation, and if such reorganization involves districts3
with differing mill levies, then in its first year of operation, the new4
district shall levy a number of mills that is based on the total property5
taxes collected in the preceding year from property included within the6
new district divided by the total valuation for assessment in the preceding7
year of property located within the new district but in no event more than8
41.75 mills. This paragraph (c) shall not apply to any new district whose9
levy would otherwise be calculated pursuant to subparagraph (II) of10
paragraph (a) of this subsection (2).11
(II) If there is a detachment and annexation pursuant to article 3012
of this title and if such detachment and annexation involves districts with13
differing mill levies, then in the first year after the detachment and14
annexation, the annexing district shall calculate its levy pursuant to15
paragraph (a) of this subsection (2).16
(2.1) (c) For the 2021 property tax year and each property tax year17
thereafter, except as otherwise provided in subsection (2.1)(e) of this18
section for reorganized districts, each district shall levy the lesser of:19
(I) The number of mills that will generate property tax revenue in20
an amount equal to the district's total program for the applicable budget21
year minus the amount of specific ownership tax revenue paid to the22
district. Regardless of the applicability of section 22-54-104 (5)(g), for23
the purposes of this subsection (2.1)(c)(I), a district's total program is the24
amount calculated pursuant to section 22-54-104 (2).25
(e) Notwithstanding any other provision of this subsection (2.1)26
to the contrary, for the 2020 property tax year and each property tax year27
1448
-72- thereafter, if there is a reorganization pursuant to article 30 of this title 221
that results in the creation of a new district, then in the first year of2
operation the new district shall levy the lesser of:3
(II) The number of mills that will generate property tax revenue4
in an amount equal to the district's total program for the first year of5
operation minus the amount of specific ownership tax revenue paid to the6
district. Regardless of the applicability of section 22-54-104 (5)(g), for7
the purposes of this subsection (2.1)(e)(II), the district's total program is8
the amount calculated pursuant to section 22-54-104 (2).9
SECTION 19. In Colorado Revised Statutes, add 22-54-107.7 as10
follows:11
22-54-107.7. Override mill levy match - working group -12
creation - report - repeal. (1) THERE IS CREATED BY THE LEGISLATIVE13
COUNCIL STAFF AN OVERRIDE MILL LEVY MATCH WORKING GROUP TO14
MEET DURING THE 2024 INTERIM AND MAKE RECOMMENDATIONS15
CONCERNING MODIFYING THE OVERRIDE MILL LEVY MATCH , CREATED16
PURSUANT TO SECTION 22-54-107.9, TO ENSURE MORE EQUITABLE17
FUNDING DISTRIBUTIONS AND GREATER ACCESS TO FUNDING FOR ELIGIBLE18
DISTRICTS AND ELIGIBLE INSTITUTE CHARTER SCHOOLS , MAKE19
RECOMMENDATIONS CONCERNING WHICH ELIGIBLE DISTRICTS AND20
ELIGIBLE INSTITUTE CHARTER SCHOOLS WILL RECEIVE A DISTRIBUTION21
FROM THE MILL LEVY OVERRIDE MATCH FUND PURSUANT TO SECTION22
22-54-107.9 FOR THE 2024-25 BUDGET YEAR, AND TO IDENTIFY AND23
ANALYZE INEQUITIES BETWEEN NEIGHBORING DISTRICTS THAT HAVE24
DIFFERING MILL LEVY OVERRIDES, LEVELS OF PROPERTY TAX BASES, OR25
DEMONSTRATED LEVELS OF LOCAL EFFORT .26
(2) (a) THE OVERRIDE MILL LEVY MATCH WORKING GROUP MUST27
1448
-73- INCLUDE:1
(I) SEVEN NONLEGISLATIVE MEMBERS WHO ARE CHIEF FINANCIAL2
OFFICERS APPOINTED AS FOLLOWS:3
(A) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL4
APPOINT ONE MEMBER WHO IS A CHIEF FINANCIAL OFFICER OF A RURAL5
DISTRICT, ONE MEMBER WHO IS A CHIEF FINANCIAL OFFICER OF A SMALL6
RURAL DISTRICT, ONE MEMBER WHO IS A CHIEF FINANCIAL OFFICER OF A7
SUBURBAN DISTRICT, AND ONE MEMBER WHO IS A CHIEF FINANCIAL8
OFFICER OF AN URBAN DISTRICT LOCATED IN OR NEAR THE DENVER9
METROPOLITAN AREA; AND10
(B) THE SENATE MINORITY LEADER SHALL APPOINT ONE MEMBER11
WHO IS THE CHIEF FINANCIAL OFFICER OF A RURAL DISTRICT, ONE MEMBER12
WHO IS THE CHIEF FINANCIAL OFFICER OF A SUBURBAN DISTRICT, AND ONE13
MEMBER WHO IS THE CHIEF FINANCIAL OFFICER OF AN URBAN DISTRICT14
THAT IS NOT LOCATED IN OR NEAR THE DENVER METROPOLITAN AREA .15
(II) ONE MEMBER OF THE MAJORITY PARTY IN THE HOUSE OF16
REPRESENTATIVES, APPOINTED BY THE SPEAKER OF THE HOUSE OF17
REPRESENTATIVES, WHO SHALL SERVE AS THE CHAIR; AND18
(III) ONE MEMBER OF THE MINORITY PARTY IN THE SENATE,19
APPOINTED BY THE MINORITY LEADER OF THE SENATE, WHO SHALL SERVE20
AS THE VICE-CHAIR.21
(b) LEGISLATIVE COUNCIL STAFF SHALL ASSIST THE OVERRIDE MILL22
LEVY MATCH WORKING GROUP IN FULFILLING ITS DUTIES REQUIRED23
PURSUANT TO THIS SECTION.24
(3) (a) THE OVERRIDE MILL LEVY MATCH WORKING GROUP SHALL25
NOT SUBMIT BILL DRAFTS AS PART OF ITS RECOMMENDATIONS .26
(b) MEETINGS OF THE OVERRIDE MILL LEVY MATCH WORKING27
1448
-74- GROUP ARE SUBJECT TO THE OPEN MEETINGS PROVISIONS CONTAINED IN1
PART 4 OF ARTICLE 6 OF TITLE 24. EXCEPT AS OTHERWISE PROVIDED IN2
PART 2 OF ARTICLE 72 OF TITLE 24, OR OTHER APPLICABLE STATE OR3
FEDERAL LAW, RECORDS OF THE OVERRIDE MILL LEVY MATCH WORKING4
GROUP ARE SUBJECT TO PART 2 OF ARTICLE 72 OF TITLE 24.5
(4) THE OVERRIDE MILL LEVY MATCH WORKING GROUP MUST MEET6
AT LEAST THREE TIMES BUT NO MORE THAN FIVE TIMES DURING THE 20247
LEGISLATIVE INTERIM, UNLESS ADDITIONAL MEETINGS ARE AUTHORIZED8
BY THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL .9
(5) ON OR BEFORE DECEMBER 31, 2024, THE OVERRIDE MILL LEVY10
MATCH WORKING GROUP SHALL SUBMIT A REPORT TO THE EXECUTIVE11
COMMITTEE OF THE LEGISLATIVE COUNCIL, THE EDUCATION COMMITTEES12
OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, OR ANY SUCCESSOR13
COMMITTEES, AND THE JOINT BUDGET COMMITTEE CONCERNING ITS14
RECOMMENDATIONS TO MODIFY THE OVERRIDE MILL LEVY MATCH .15
(6) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2026.16
SECTION 20. In Colorado Revised Statutes, 22-54-107.9,17
amend (3)(b)(II); repeal (1)(l); and add (3.5) as follows:18
22-54-107.9. Override mill levy match - calculation -19
distribution - fund created - definitions. (1) As used in this section,20
unless the context otherwise requires:21
(l) "Total program" means the amount of total program funding22
for a district calculated pursuant to section 22-54-104 (2) before23
application of the budget stabilization factor.24
(3) (b) If more than ten percent of a district's funded pupil count25
for the applicable budget year is attributable to the district's online pupil26
enrollment, the department shall calculate the district's adjusted total27
1448
-75- program as follows:1
(II) The department shall subtract from the district's total program2
for the applicable budget year an amount equal to the district's reduced3
online pupil enrollment, calculated pursuant to subsection (3)(b)(I) of this4
section, multiplied by the per pupil online funding amount for the5
applicable budget year as described in section 22-54-104 (4.5)(c)(II)6
before application of the budget stabilization factor THIS ARTICLE 54.7
(3.5) (a) F
OR THE 2023-24 BUDGET YEAR, THE DEPARTMENT
8
SHALL:9
(I) C
ALCULATE FOR EACH DISTRICT AN AMOUNT EQUAL TO THE
10
DISTRICT'S ASSESSED VALUE OF REAL PROPERTY FOR THE PROPERTY TAX11
YEAR COMMENCING ON JANUARY 1, 2023 DIVIDED BY THE DISTRICT'S12
PUPIL ENROLLMENT DIVIDED BY TWO THOUSAND ; AND13
(II) D
ETERMINE THE MEDIAN AMOUNT OF ALL CALCULATIONS
14
MADE PURSUANT TO SUBSECTION (3.5)(a)(I) OF THIS SECTION.15
(b) F
OR EACH DISTRICT, THE DEPARTMENT SHALL DETERMINE IF :
16
(I) T
HE DISTRICT'S AMOUNT CALCULATED PURSUANT TO
17
SUBSECTION (3.5)(a)(I) OF THIS SECTION IS LESS THAN THE AMOUNT18
DETERMINED PURSUANT TO SUBSECTION (3.5)(a)(II) OF THIS SECTION;19
(II) T
HE NUMBER OF MILLS THE DISTRICT IS AUTHORIZED BY ITS
20
ELIGIBLE ELECTORS TO LEVY PURSUANT TO SECTION 22-54-108 IS21
GREATER THAN ZERO; AND22
(III) T
HE DISTRICT HAS AN AMOUNT THAT IS GREATER THAN 0.9
23
AFTER CALCULATING THE MAXIMUM NUMBER OF MILLS THE DISTRICT IS24
AUTHORIZED TO LEVY PURSUANT TO SECTION 22-54-108 (3)(b)(V) MINUS25
THE NUMBER OF MILLS THE DISTRICT IS AUTHORIZED BY ITS ELIGIBLE26
ELECTORS TO LEVY PURSUANT TO SECTION 22-54-108.27
1448
-76- (c) FOR EACH DISTRICT THAT SATISFIES EVERY CONDITION1
DESCRIBED PURSUANT TO SUBSECTION (3.5)(b) OF THIS SECTION, THE2
DEPARTMENT SHALL CALCULATE FOR EACH DISTRICT AN AMOUNT EQUAL3
TO:4
(M
EDIAN AMOUNT DETERMINED PURSUANT TO SUBSECTION
5
(3.5)(a)(II)
OF THIS SECTION - DISTRICT AMOUNT CALCULATED
6
PURSUANT TO SUBSECTION (3.5)(a)(I) OF THIS SECTION) X7
D
ISTRICT'S PUPIL ENROLLMENT.
8
(d) N
OTWITHSTANDING ANY PROVISION OF THIS SECTION , FOR THE
9
2023-24
BUDGET YEAR, EACH DISTRICT MUST RECEIVE THE GREATER OF
10
THE AMOUNT DETERMINED PURSUANT TO SUBSECTION (3.5)(c) OF THIS11
SECTION OR THE AMOUNT DETERMINED PURSUANT TO SUBSECTION (3) OF12
THIS SECTION.13
(e) N
O LATER THAN JUNE 10, 2024, THE STATE TREASURER SHALL
14
TRANSFER NINE MILLION ONE HUNDRED THIRTY -FIVE THOUSAND SIX15
HUNDRED NINETY-EIGHT DOLLARS ($9,135,698) FROM THE STATE16
EDUCATION FUND TO THE MILL LEVY OVERRIDE MATCH FUND .17
SECTION 21. In Colorado Revised Statutes, 22-54-108, amend18
(1), (2), (3)(a), (3)(b)(I), (3)(b)(II), (3)(b)(III), (3)(b)(IV)(A),19
(3)(b)(IV)(B), and (5)(b); and add (3)(b)(VI) as follows:20
22-54-108. Authorization of additional local revenues -21
definitions. (1) Effective July 1, 1994, a district which desires to raise22
and expend local property tax revenues in excess of the district's total23
program as determined in accordance with section 22-54-104 may submit24
the question of whether the district should be authorized to raise and25
expend additional local property tax revenues, subject to the limitations26
of subsection (3) of this section, thereby authorizing an additional levy in27
1448
-77- excess of the levy authorized under section 22-54-106 for the district's1
general fund for the then current budget year and each budget year2
thereafter. The question authorized by this subsection (1) shall MUST be3
submitted at an election held in accordance with section 20 of article X4
of the state constitution and title 1. C.R.S.5
(2) Effective July 1, 1994, upon proper submittal to a district of6
a valid initiative petition, the district shall submit to the eligible electors7
of the district the question of whether the district should be authorized to8
raise and expend additional local property tax revenues in excess of the9
district's total program, as determined in accordance with section10
22-54-104, subject to the limitations of subsection (3) of this section,11
thereby authorizing an additional levy in excess of the levy authorized12
under section 22-54-106 for the district's general fund for the then current13
budget year and each budget year thereafter. The question authorized by14
this subsection (2) shall MUST be submitted at an election held in15
accordance with section 20 of article X of the state constitution and title16
1. C.R.S. An initiative petition under this subsection (2) shall MUST be17
signed by at least five percent of the eligible electors in the district at the18
time the petition is filed.19
(3) (a) Notwithstanding the provisions of section 20 of article X20
of the state constitution which allow districts to seek voter approval for21
spending and revenue increases, the provisions of this subsection (3) shall22
limit LIMITS a district's authority to raise and expend local property tax23
revenues in excess of the district's total program. as determined in24
accordance with section 22-54-104.25
(b) (I) Except as otherwise provided in subsections (3)(b)(II),26
(3)(b)(III), (3)(b)(IV), and (3)(b)(V), AND (3)(b)(VI) of this section, the27
1448
-78- total additional local property tax revenues that may be received pursuant1
to elections held pursuant to this section must not exceed under any2
circumstances twenty percent of the district's total program as determined3
pursuant to section 22-54-104 (2) or two hundred thousand dollars,4
whichever is greater.5
(II) (A) Effective July 1, 2002, and subject to the provisions of6
sub-subparagraph (B) of this subparagraph (II), the total additional local7
property tax revenues that may be received pursuant to elections held8
pursuant to this section shall MUST not exceed under any circumstances9
twenty percent of the district's total program as determined pursuant to10
section 22-54-104 (2) or two hundred thousand dollars, whichever is11
greater, plus an amount equal to the maximum dollar amount of property12
tax revenue that the district could have generated for the 2001-02 budget13
year if, in accordance with the provisions of section 22-54-107.5, the14
district submitted a question to and received approval of the eligible15
electors of the district at an election held in November 2001.16
(B) Regardless of the applicability of section 22-54-104 (5)(g), for17
the purposes of this subparagraph (II), a district's total program shall be18
the amount calculated pursuant to section 22-54-104 (2).19
(III) (A) On and after May 21, 2009, and subject to the provisions20
of sub-subparagraph (B) of this subparagraph (III), the total additional21
local property tax revenues that may be received pursuant to an election22
held pursuant to this section shall MUST not exceed under any23
circumstances twenty-five percent of the district's total program as24
determined pursuant to section 22-54-104 (2) or two hundred thousand25
dollars, whichever is greater, plus an amount equal to the maximum dollar26
amount of property tax revenue that the district could have generated for27
1448
-79- the 2001-02 budget year if, in accordance with the provisions of section1
22-54-107.5, the district submitted a question to and received approval of2
the eligible electors of the district at an election held in November 2001.3
(B) Regardless of the applicability of section 22-54-104 (5)(g), for4
purposes of this subparagraph (III), a district's total program shall be the5
amount calculated pursuant to section 22-54-104 (2).6
(IV) (A) On and after May 22, 2015, and subject to the provisions7
of sub-subparagraph (B) of this subparagraph (IV), the total additional8
local property tax revenues that a small rural district may receive pursuant9
to an election held pursuant to this section shall MUST not exceed under10
any circumstances thirty percent of the small rural district's total program11
as determined pursuant to section 22-54-104 (2) or two hundred thousand12
dollars, whichever is greater, plus an amount equal to the maximum dollar13
amount of property tax revenue that the small rural district could have14
generated for the 2001-02 budget year if, in accordance with the15
provisions of section 22-54-107.5, the small rural district submitted a16
question to and received approval of the eligible electors of the district at17
an election held in November 2001.18
(B) Regardless of the applicability of section 22-54-104 (5)(g), for19
purposes of this subparagraph (IV), a small rural district's total program20
is the amount calculated pursuant to section 22-54-104 (2).21
(VI) (A) ON OR AFTER JULY 1, 2024, THE TOTAL ADDITIONAL22
LOCAL PROPERTY TAX REVENUES THAT A DISTRICT OR SMALL RURAL23
DISTRICT MAY RECEIVE PURSUANT TO AN ELECTION HELD PURSUANT TO24
THIS SECTION MUST NOT EXCEED UNDER ANY CIRCUMSTANCE : THE25
AMOUNT DETERMINED PURSUANT TO SUBSECTION (3)(b)(V) OF THIS26
SECTION FOR THE 2023-24 BUDGET YEAR, OR THE AMOUNT DETERMINED27
1448
-80- PURSUANT TO SUBSECTION (3)(b)(VI)(D) OF THIS SECTION, WHICHEVER IS1
GREATER.2
(B) FOR THE 2024-25 BUDGET YEAR, THE DEPARTMENT OF3
EDUCATION, IN CONSULTATION WITH LEGISLATIVE COUNSEL STAFF, SHALL4
CALCULATE FOR EACH DISTRICT THE AMOUNT EQUAL TO :5
(DISTRICT'S PER PUPIL FUNDING DETERMINED PURS UANT TO6
SECTION 22-54-104 (3) - STATEWIDE BASE PER PUPIL FUNDING) X7
DISTRICT'S FUNDED PUPIL COUNT FOR THE 2024-25 BUDGET YEAR8
EXCLUDING THE DISTRICT'S ONLINE PUPIL ENROLLMENT AND THE9
DISTRICT'S EXTENDED HIGH SCHOOL PUPIL ENROLLMENT10
+ (DISTRICT'S PER PUPIL FUNDING DETERMINED PURSUANT TO11
SECTION 22-54-104 (3) - STATEWIDE BASE PER PUPIL FUNDING) X12
DISTRICT'S AT-RISK PUPIL ENROLLMENT FOR THE 2024-25 BUDGET13
YEAR X TWELVE PERCENT14
+ (DISTRICT'S PER PUPIL FUNDING DETERMINED PURSUANT TO15
SECTION 22-54-104 (3) - STATEWIDE BASE PER PUPIL FUNDING) X16
DISTRICT'S ENGLISH LANGUAGE LEARNER PUPIL ENROLLMENT FOR17
THE 2024-25 BUDGET YEAR X EIGHT PERCENT.18
(C) FOR THE 2024-25 BUDGET YEAR, THE DEPARTMENT OF19
EDUCATION, IN CONSULTATION WITH LEGISLATIVE COUNCIL STAFF, SHALL20
CALCULATE FOR EACH DISTRICT THE AMOUNT EQUAL TO THE DISTRICT'S21
COST OF LIVING FACTOR PLUS THE DISTRICT 'S SIZE FACTOR FOR THE22
2024-25 BUDGET YEAR CALCULATED PURSUANT TO SECTION 22-54-103.523
MULTIPLIED BY THE STATEWIDE BASE PER PUPIL FUNDING FOR THE 2024-2524
BUDGET YEAR MULTIPLIED BY THE DISTRICT'S FUNDED PUPIL COUNT FOR25
THE 2024-25 BUDGET YEAR EXCLUDING THE DISTRICT'S ONLINE PUPIL26
ENROLLMENT AND THE DISTRICT'S EXTENDED HIGH SCHOOL PUPIL27
1448
-81- ENROLLMENT.1
(D) THE DEPARTMENT OF EDUCATION SHALL COMPARE FOR EACH2
DISTRICT THE AMOUNTS CALCULATED PURSUANT TO SUBSECTIONS3
(3)(b)(VI)(B) AND (3)(b)(VI)(C) OF THIS SECTION. IF THE AMOUNT4
CALCULATED PURSUANT TO SUBSECTION (3)(b)(VI)(C) OF THIS SECTION5
IS LESS THAN THE AMOUNT CALCULATED PURSUANT TO SUBSECTION6
(3)(b)(VI)(B) OF THIS SECTION, THE DEPARTMENT OF EDUCATION SHALL7
DETERMINE THE DOLLAR AMOUNT DIFFERENCE BETWEEN THE AMOUNTS8
CALCULATED PURSUANT TO SUBSECTIONS (3)(b)(VI)(B) AND9
(3)(b)(VI)(C) OF THIS SECTION DIVIDE THAT DOLLAR AMOUNT DIFFERENCE10
BY THE DISTRICT'S TOTAL PROGRAM FOR THE 2024-25 BUDGET YEAR AND11
ADD THAT PERCENTAGE TO THE DISTRICT'S MILL LEVY OVERRIDE CAP FOR12
THE 2023-24 BUDGET YEAR.13
(E) THE DEPARTMENT OF EDUCATION SHALL MAKE14
DETERMINATIONS PURSUANT TO SUBSECTIONS (3)(b)(VI)(B),15
(3)(b)(VI)(C), AND (3)(b)(VI)(D) OF THIS SECTION AFTER IT MAKES16
MID-YEAR REVISIONS TO REPLACE PROJECTIONS WITH ACTUAL FIGURES17
WHEN DETERMINING EACH DISTRICT'S TOTAL PROGRAM FOR THE 2024-2518
BUDGET YEAR.19
(F) ON OR AFTER JULY 1, 2030, A DISTRICT SHALL NOT SUBMIT A20
QUESTION TO THE ELIGIBLE ELECTORS OF THE DISTRICT PURSUANT TO THIS21
SUBSECTION (3)(b)(VI).22
(5) As used in this section, unless the context otherwise requires:23
(b) "Total program", on and after July 1, 2023, means a district's24
or small rural district's total program calculated pursuant to section25
22-54-104 (2), before application of the budget stabilization factor26
pursuant to section 22-54-104 (5)(g) plus the amount the district or small27
1448
-82- rural district receives for students enrolled through the Colorado universal1
preschool program pursuant to part 2 of article 4 of title 26.5.2
SECTION 22. In Colorado Revised Statutes, 22-54-108.5,3
amend (1)(a), (1)(b), and (1)(e) as follows:4
22-54-108.5. Authorization of additional local revenues for5
full-day kindergarten - definitions. (1) (a) Notwithstanding any law to6
the contrary, effective July 1, 2007, any district that chooses to raise and7
expend local property tax revenues in excess of the district's total8
program, as determined in accordance with section 22-54-104, and in9
addition to any property tax revenues levied pursuant to sections10
22-54-107 and 22-54-108, may submit the question of whether the district11
should be authorized to raise and expend additional local property tax12
revenues, thereby authorizing an additional levy in excess of the levy13
authorized under sections 22-54-106, 22-54-107, and 22-54-108, to14
provide funding for excess full-day kindergarten program costs in the15
district for the then-current budget year and each budget year thereafter.16
The question authorized by this paragraph (a) SUBSECTION (1)(a) may also17
include a question of whether to impose an additional mill levy of a stated18
amount and limited duration to meet the initial capital construction needs19
of the district associated with the establishment of a full-day kindergarten20
program. If a mill levy for capital construction needs associated with the21
district's full-day kindergarten program is approved for more than one22
year, the board of education of the district may, without calling an23
election, decrease the amount or duration of the mill levy in subsequent24
years. The questions authorized by this paragraph (a) shall SUBSECTION25
(1)(a)
MUST be submitted at an election held in accordance with section26
20 of article X of the state constitution and title 1. C.R.S.
27
1448
-83- (b) Notwithstanding any law to the contrary, effective July 1,1
2007, upon proper submittal to a district of a valid initiative petition, the2
district shall submit to the eligible electors of the district the question of3
whether the district should be authorized to raise and expend additional4
local property tax revenues in excess of the district's total program, as5
determined in accordance with section 22-54-104 and in addition to any6
property tax revenues levied pursuant to sections 22-54-107 and7
22-54-108, thereby authorizing an additional levy in excess of the levy8
authorized under sections 22-54-106, 22-54-107, and 22-54-108, to9
provide funding for excess full-day kindergarten program costs in the10
district for the then-current budget year and each budget year thereafter.11
The question authorized by this paragraph (b) SUBSECTION (1)(b) may12
also include a question of whether to impose an additional mill levy of a13
stated amount and limited duration to meet the initial capital construction14
needs of the district associated with the establishment of a full-day15
kindergarten program. If a mill levy for capital construction needs16
associated with the district's full-day kindergarten program is approved17
for more than one year, the board of education of the district may, without18
calling an election, decrease the amount or duration of the mill levy in19
subsequent years. The questions authorized by this paragraph (b) shall20
SUBSECTION (1)(b) MUST be submitted at an election held in accordance21
with section 20 of article X of the state constitution and title 1. C.R.S. An22
initiative petition under this paragraph (b) shall SUBSECTION (1)(b) MUST23
be signed by at least five percent of the eligible electors in the district at24
the time the petition is filed.25
(e) Notwithstanding the provisions of section 20 of article X of26
the state constitution that allow districts to seek voter approval for27
1448
-84- spending and revenue increases, the provisions of this subsection (1) shall1
limit a district's authority to raise and expend local property tax revenues2
in excess of the district's total program. as determined in accordance with3
section 22-54-104.4
SECTION 23. In Colorado Revised Statutes, 22-54-108.7,5
amend (1)(a) as follows:6
22-54-108.7. Authorization of additional local revenues for7
cash funding of capital construction, new technology, existing8
technology upgrade, and maintenance needs - definition.9
(1) (a) Notwithstanding any law to the contrary, any district that chooses10
to raise and expend local property tax revenue in excess of the district's11
total program, as determined in accordance with section 22-54-104, and12
in addition to any revenue generated by property tax levied pursuant to13
sections 22-54-106, 22-54-107, 22-54-107.5, 22-54-108, and14
22-54-108.5, may submit the question of whether the district should be15
authorized to raise and expend additional local property tax revenue,16
thereby authorizing an additional levy in excess of the levy authorized17
under sections 22-54-106, 22-54-107, and 22-54-108, to provide ongoing18
cash funding for the capital construction, new technology, existing19
technology upgrade, and maintenance needs of the district. A question20
authorized by this paragraph (a) SUBSECTION (1)(a) must be submitted at21
an election held in accordance with section 20 of article X of the state22
constitution and title 1. C.R.S.23
SECTION 24. In Colorado Revised Statutes, 22-54-122, amend24
(2) as follows:25
22-54-122. Small attendance center aid. (2) (a) A district26
meeting the eligibility requirements of subsection (1) of this section shall27
1448
-85- be IS eligible to receive aid for each small attendance center as calculated1
by: Multiplying the pupil enrollment of the small attendance center by an2
amount equal to thirty-five percent of the difference between the district3
per pupil funding as calculated pursuant to section 22-54-104, and the4
district per pupil funding, as calculated pursuant to section 22-54-1045
except using the size factor calculated using the funded pupil count of the6
small attendance center; and then multiplying such THE amount by the7
percentage determined by dividing the difference between two hundred8
and the funded pupil count of the small attendance center by two hundred.9
(b) An institute charter school meeting the eligibility requirements10
of subsection (1.5) of this section shall be IS eligible to receive aid as a11
small attendance center as calculated by: Multiplying the pupil enrollment12
of the institute charter school by an amount equal to thirty-five percent of13
the difference between the district per pupil funding of the institute14
charter school's accounting district as calculated pursuant to section15
22-54-104 and such THE district per pupil funding, as calculated pursuant16
to section 22-54-104, except using the size factor calculated using the17
pupil enrollment of the institute charter school, and then multiplying such18
amount by the percentage determined by dividing the difference between19
two hundred and the pupil enrollment of the institute charter school by20
two hundred.21
SECTION 25. In Colorado Revised Statutes, 22-54-129, amend22
(1)(g) as follows:23
22-54-129. Facility school funding - legislative declaration -24
definitions. (1) As used in this section, unless the context otherwise25
requires:26
(g) "Statewide base per pupil funding" means the amount annually27
1448
-86- specified in section 22-54-104 (5)(a) THIS ARTICLE 54.1
SECTION 26. In Colorado Revised Statutes, 19-1-115.5, amend2
(1)(a)(I) as follows:3
19-1-115.5. Placement of children out of home - legislative4
declaration. (1) (a) (I) The general assembly hereby finds that the5
number of children in out-of-home placement has increased significantly.6
The general assembly further finds that the facility in which a child is7
placed out of home is often not located in the same school district as the8
child's school district of residence. Nevertheless, the general assembly9
finds that, under the provisions of PURSUANT TO the "Public School10
Finance Act of 1994 2025", article 54 of title 22, C.R.S. children in foster11
home placement are considered residents of the school district in which12
the foster home is located. Accordingly, the school district in which the13
child is placed must accommodate the child and provide the child with the14
necessary educational services that serve the child's best interests while15
absorbing the costs associated with such services within the constraints16
of the school district's existing budget. The general assembly finds that in17
many circumstances it is not possible to meet the best interests of the18
child in out-of-home placement and the needs of other children enrolled19
in the school district within the confines of the district's budget.20
SECTION 27. In Colorado Revised Statutes, 22-1-122, amend21
(6)(b) as follows:22
22-1-122. Transportation token program - legislative23
declaration - eligibility - fund. (6) (b) So long as IF an eligible student24
is enrolled before the pupil enrollment count day, the parent or legal25
guardian of an eligible student may choose to enroll the eligible student26
in and transport the eligible student to a public school in another school27
1448
-87- district that has available space. Such THE school district shall enroll the1
eligible student and include the eligible student in the district's pupil2
enrollment for purposes of the "Public School Finance Act of 1994 2025".3
SECTION 28. In Colorado Revised Statutes, 22-2-117, amend4
(1)(b)(I) and (1)(d) as follows:5
22-2-117. Additional power - state board - waiver of6
requirements - rules. (1) (b) The state board shall not waive any of the7
requirements specified in any of the following statutory provisions:8
(I) The "Public School Finance Act of 1994 2025", article 54 of9
this title TITLE 22;10
(d) In addition to any requirements for a waiver application that11
are specified in this subsection (1), any application submitted by a school12
district that has a funded pupil count, as defined in section 22-54-103 (7)13
DETERMINED PURSUANT TO ARTICLE 54 OF THIS TITLE 22, of three14
thousand or more pupils shall demonstrate that such THE application has15
the consent of a majority of the appropriate accountability committee, a16
majority of the affected licensed administrators, and a majority of the17
teachers of the affected school or district.18
SECTION 29. In Colorado Revised Statutes, 22-30-105, amend19
(1) introductory portion and (1)(b) as follows:20
22-30-105. Activation of the school district organization21
planning process. (1) The appointment of a school organization22
planning committee charged to study school district organization shall23
MUST occur when the commissioner is notified that any of the following24
conditions exist:25
(b) A petition committee, as defined in section 22-30-103 (10),26
presents a petition to the commissioner and to the county clerk and27
1448
-88- recorder of each county in which the headquarters of a school district that1
will be affected by the actions of a planning committee are located2
requesting the appointment of a school organization planning committee.3
Such THE petition shall MUST contain a statement indicating the school4
districts to be involved. If only one school district is involved, the petition5
shall MUST be signed by fifteen percent of that school district's eligible6
electors. If multiple school districts are involved, the petition shall MUST7
be signed by fifteen percent of the eligible electors in each involved8
school district; except that, if the petition requests only consideration of9
detachment and annexation, the petition shall MUST be signed by10
twenty-five percent of the eligible electors residing in the area to be11
detached and annexed. If multiple school districts are involved, the12
petition does not request consideration of a detachment and annexation,13
and the pupil enrollment of a school district for purposes of the "Public14
School Finance Act of 1994 2025" is greater than thirty thousand pupils,15
the petition shall MUST be signed by five percent of the eligible electors16
in that school district. Such petitions shall be A PETITION IS deemed17
sufficient by the county clerk and recorder in the county of each involved18
school district. Only one such petition may be presented to the19
commissioner and the county clerk and recorder in the county of each20
involved school district in any three consecutive calendar years.21
SECTION 30. In Colorado Revised Statutes, 22-30-114, amend22
(1)(k) as follows:23
22-30-114. Requirements for plan of organization. (1) The24
plan of organization must include, but need not be limited to,25
consideration of the following:26
(k) If the plan of organization results in the creation of a new27
1448
-89- school district, a source of operating funds to be used by the new school1
district prior to receiving the state share of the total district program2
pursuant to the "Public School Finance Act of 1994 2025", article 54 of3
this title TITLE 22, on July 1 of the new school district's first budget year.4
SECTION 31. In Colorado Revised Statutes, amend 22-30-120.55
as follows:6
22-30-120.5. Effective date for purposes of school finance.7
Notwithstanding the provisions of section 22-30-120, for purposes of8
determining funding under PURSUANT TO the "Public School Finance Act9
of 1994 2025", article 54 of this title TITLE 22, any plan of organization10
approved at a special school district organization election shall MUST take11
effect on the next July 1 following certification of the election results.12
SECTION 32. In Colorado Revised Statutes, 22-30-129, amend13
(7) as follows:14
22-30-129. Dissolution and annexation - exemptions from the15
school district organization planning process. (7) The dissolution and16
annexation of a school district is effective for all purposes on the date17
specified in the final plan of organization; except that, for purposes of18
determining funding pursuant to the "Public School Finance Act of 199419
2025", article 54 of this title 22, a final plan of organization approved by20
the affected local school boards pursuant to this section takes effect on21
the next July 1 following submission of the map and legal description of22
the annexing school districts to the commissioner pursuant to subsection23
(6) of this section. The annexing school districts continue as bodies24
corporate in the same manner as before approval of the organization plan.25
SECTION 33. In Colorado Revised Statutes, 22-30.5-103,26
amend (6.5) as follows:27
1448
-90- 22-30.5-103. Definitions. As used in this part 1, unless the1
context otherwise requires:2
(6.5) "Private school" means a primary or secondary educational3
institution for students in kindergarten through twelfth grade or any4
portion thereof that may or may not have attained nonprofit status, that5
does not receive state funding through the "Public School Finance Act of6
1994 2025", article 54 of this title TITLE 22, and that is supported in whole7
or in part by tuition payments or private donations.8
SECTION 34. In Colorado Revised Statutes, 22-30.5-104,9
amend (6)(a) and (6)(c)(IV) as follows:10
22-30.5-104. Charter school - requirements - authority - rules11
- definitions. (6) (a) Pursuant to contract, a charter school may operate12
free from specified school district policies and free from state rules as13
provided in paragraph (b) of this subsection (6) PURSUANT TO14
SUBSECTION (6)(b) OF THIS SECTION. Pursuant to contract, a local board15
of education may waive locally imposed school district requirements,16
without seeking approval of the state board; except that a charter school17
shall not, by contract or otherwise, operate free of the requirements18
contained in the "Public School Finance Act of 1994 2025", article 54 of19
this title TITLE 22, the requirements specified in part 4 of article 11 of this20
title TITLE 22 concerning school accountability committees, or the21
requirements contained in the "Children's Internet Protection Act", article22
87 of this title TITLE 22.23
(c) A school district, on behalf of a charter school, may apply to24
the state board for a waiver of a state statute or state rule that is not an25
automatic waiver. Notwithstanding any provision of this subsection (6)26
to the contrary, the state board may not waive any statute or rule relating27
1448
-91- to:1
(IV) The "Public School Finance Act of 1994 2025", article 54 of2
this title 22;3
SECTION 35. In Colorado Revised Statutes, 22-30.5-112,4
amend (1)(a)(II), (2)(a.5)(II), (2)(a.5)(II.5), and (2)(e)(II)(B) as follows:5
22-30.5-112. Charter schools - financing - guidelines -6
definitions. (1) (a) (II) On and after July 1, 2023, For purposes of the7
"Public School Finance Act of 1994 2025", article 54 of this title 22,8
pupils enrolled in a charter school are included in the pupil enrollment or9
the online pupil enrollment, whichever is applicable, of the school district10
that granted its charter. The school district that granted its charter shall11
report to the department the number of pupils included in the school12
district's pupil enrollment and the school district's online pupil enrollment13
that are actually enrolled in each charter school.14
(2) (a.5) As used in this subsection (2):15
(II) "District per pupil revenues" means the district's total program16
as defined in section 22-54-103 (6) for any budget year divided by the17
district's funded pupil count as defined in section 22-54-103 (7) for said18
DETERMINED BY ARTICLE 54 OF THIS TITLE 22 FOR THE APPLICABLE budget19
year.20
(II.5) "District per pupil online funding" means a school district's21
online funding, as specified in section 22-54-104 (4.5) DETERMINED BY22
ARTICLE 54 OF THIS TITLE 22, divided by the district's online pupil23
enrollment for any budget year.24
(2) (e) (II) (B) Notwithstanding the provisions of subsection25
(2)(e)(II)(A) of this section, to the contrary if the general assembly26
amends the "Public School Finance Act of 1994 2025", article 54 of this27
1448
-92- title 22, to count a student enrolled in kindergarten only as a half-day1
pupil, with or without the addition of supplemental kindergarten2
enrollment as defined in section 22-54-103 (15) for purposes of3
calculating the funded pupil count as defined in section 22-54-103 (7)4
DETERMINED BY ARTICLE 54 OF THIS TITLE 22, a charter school may charge5
the student's parents tuition or a fee for the portion of the school day for6
which it does not receive funding for the student pursuant to the "Public7
School Finance Act of 1994 2025"; except that the amount of tuition or8
fee charged shall MUST not exceed the amount of tuition or fee that the9
charter school charged to attend a full-day kindergarten educational10
program for the 2018-19 budget year, adjusted for inflation and prorated11
by the percentage of the school day for which the student is no longer12
funded by the "Public School Finance Act of 1994 2025". As used in this13
subsection (2)(e)(II)(B), "inflation" means the annual percentage change14
in the United States department of labor bureau of labor statistics15
consumer price index for Denver-Aurora-Lakewood for all items paid by16
all urban consumers, or its applicable successor index.17
SECTION 36. In Colorado Revised Statutes, 22-30.5-112.1,18
amend (1)(b), (1)(g), (1)(i), and (1)(j.2) as follows:19
22-30.5-112.1. Charter schools - exclusive jurisdiction districts20
- authorized on or after July 1, 2004 - financing - definitions. (1) As21
used in this section, unless the context otherwise requires:22
(b) "At-risk funding" means the amount of funding determined in23
accordance with the formulas described in section 22-54-104 (4)24
APPLICABLE AT-RISK FUNDING FORMULA PURSUANT TO ARTICLE 54 OF THIS25
TITLE 22.26
(g) "District funded pupil count" shall have the same meaning as27
1448
-93- provided in section 22-54-103 (7) MEANS THE FUNDED PUPIL COUNT1
DETERMINED PURSUANT TO ARTICLE 54 OF THIS TITLE 22.2
(i) "District per pupil online funding" means a school district's3
online funding, as specified in section 22-54-104 (4.5) AS DETERMINED4
IN ARTICLE 54 OF THIS TITLE 22, divided by the district's online pupil5
enrollment for any budget year.6
(j.2) "English language learner funding" means the amount of7
funding determined in accordance with the formula described in section8
22-54-104 (4.3) APPLICABLE ENGLISH LANGUAGE LEARNER FUNDING9
FORMULA PURSUANT TO ARTICLE 54 OF THIS TITLE 22.10
SECTION 37. In Colorado Revised Statutes, 22-30.5-507,11
amend (7)(b)(IV) as follows:12
22-30.5-507. Institute charter school - requirements -13
authority - rules - definitions. (7) (b) An institute charter school may14
apply to the state board, through the institute, for a waiver of state statutes15
and state rules that are not automatic waivers. The state board may waive16
state statutory requirements or rules promulgated by the state board;17
except that the state board may not waive any statute or rule relating to:18
(IV) The provisions of the "Public School Finance Act of 199419
2025", article 54 of this title 22;20
SECTION 38. In Colorado Revised Statutes, 22-30.5-513,21
amend (1)(c), (1)(d.2), (1)(e), (1)(g), (2)(e)(II), and (3)(b) as follows:22
22-30.5-513. Institute charter schools - funding - at-risk23
supplemental aid - legislative declaration - definitions. (1) As used in24
this section, unless the context otherwise requires:25
(c) "Accounting district's at-risk funding" means the amount of26
funding for at-risk pupils in the accounting district determined in27
1448
-94- accordance with the formulas APPLICABLE AT-RISK FUNDING FORMULA1
described in section 22-54-104 (4) PURSUANT TO ARTICLE 54 OF THIS2
TITLE 22.3
(d.2) "Accounting district's English language learner funding"4
means the amount of funding for English language learner pupils in the5
accounting district determined in accordance with the
APPLICABLE6
E
NGLISH LANGUAGE LEARNER FUNDING formula described in section
7
22-54-104 (4.3) PURSUANT TO ARTICLE 54 OF THIS TITLE 22.8
(e) "Accounting district's funded pupil count" shall have the same9
meaning as the term "district funded pupil count" defined in section10
22-54-103 (7) MEANS THE FUNDED PUPIL COUNT DETERMINED PURSUANT11
TO ARTICLE 54 OF THIS TITLE 22.12
(g) "Accounting district's per pupil online funding" means
THE13
online funding as specified in section 22-54-104 (4.5),
FORMULA14
DESCRIBED PURSUANT TO ARTICLE 54 OF THIS TITLE 22 for any budget year15
divided by the online pupil enrollment.16
(2) (e) (II) Notwithstanding the provisions of subsection (2)(e)(I)17
of this section to the contrary, if the general assembly amends the "Public18
School Finance Act of 1994 2025", article 54 of this title 22, to count a19
student enrolled in kindergarten only as a half-day pupil, with or without20
the addition of supplemental kindergarten enrollment as defined in21
section 22-54-103 (15) for purposes of calculating the funded pupil count22
as defined in section 22-54-103 (7) DETERMINED PURSUANT TO ARTICLE23
54
OF THIS TITLE 22, an institute charter school may charge the student's24
parents tuition or a fee for the portion of the school day for which it does25
not receive funding for the student pursuant to the "Public School Finance26
Act of 1994
2025"; except that the amount of tuition or fee charged shall27
1448
-95- MUST not exceed the amount of tuition or fee that the institute charter1
school charged to attend a full-day kindergarten educational program for2
the 2018-19 budget year, adjusted for inflation and prorated by the3
percentage of the school day for which the student is no longer funded by4
the "Public School Finance Act of 1994 2025". As used in this subsection5
(2)(e)(II), "inflation" means the annual percentage change in the United6
States department of labor bureau of labor statistics consumer price index7
for Denver-Aurora-Lakewood for all items paid by all urban consumers,8
or its applicable successor index.9
(3) (b) For purposes of the "Public School Finance Act of 199410
2025", article 54 of this title TITLE 22, the department shall add the pupils11
enrolled in an institute charter school to the funded pupil count and the12
online pupil enrollment of the institute charter school's accounting13
district.14
SECTION 39. In Colorado Revised Statutes, 22-30.5-513.1,15
amend (2)(b) as follows:16
22-30.5-513.1. Mill levy equalization - fund created -17
legislative declaration - definitions. (2) (b) The institute shall annually18
distribute the money appropriated or transferred to the fund to the19
institute charter schools on an equal per-pupil basis; except that, in any20
budget year, an institute charter school shall MUST not receive a per pupil21
amount that is greater than the total amount of additional mill levy22
revenue, as defined in section 22-32-108.5, that the accounting district for23
the institute charter school is authorized to collect, divided by the funded24
pupil count, as defined in section 22-54-103 DETERMINED PURSUANT TO25
ARTICLE 54 OF THIS TITLE 22, of the accounting district for the applicable26
budget year. The money distributed pursuant to this section is in addition27
1448
-96- to money distributed to institute charter schools pursuant to section1
22-30.5-513. The institute has continuous spending authority over all2
interest and income in the fund.3
SECTION 40. In Colorado Revised Statutes, 22-30.7-107,4
amend (2) introductory portion and (2)(b) as follows:5
22-30.7-107. Funding. (2) For the 2008-09 budget year, and for6
each budget year thereafter, For purposes of determining total program7
funding pursuant to article 54 of this title TITLE 22:8
(b) (I) A school district that is providing a multi-district online9
school, or a school district in which a district charter school is providing10
a multi-district online school, shall include each student who is enrolled11
in the multi-district online school as of the pupil enrollment count day of12
the applicable budget year in the school district's online pupil enrollment13
for the applicable budget year and shall MUST receive online funding as14
specified in section 22-54-104 (4.5) ARTICLE 54 OF THIS TITLE 22.15
(II) An institute charter school that is providing a multi-district16
online school shall include each student who is enrolled in the17
multi-district online school as of the pupil enrollment count day of the18
applicable budget year in the institute charter school's online enrollment19
for the applicable budget year and shall MUST receive online funding as20
specified in section 22-54-104 (4.5) ARTICLE 54 OF THIS TITLE 22.21
SECTION 41. In Colorado Revised Statutes, 22-32-108.5,22
amend (2)(g) as follows:23
22-32-108.5. Board of education - distribution of additional24
mill levy revenue - legislative declaration - definitions. (2) As used in25
this section, unless the context otherwise requires:26
(g) "Per pupil mill levy share" means an amount equal to the total27
1448
-97- amount of additional mill levy revenue that a participating school district1
collects for a budget year divided by the school district's funded pupil2
count, as defined in section 22-54-103 DETERMINED PURSUANT TO3
ARTICLE 54 OF THIS TITLE 22, for that budget year.4
SECTION 42. In Colorado Revised Statutes, 22-32-119, amend5
(1)(b) as follows:6
22-32-119. Kindergartens - definition. (1) (b) Notwithstanding7
the provisions of subsection (1)(a) of this section to the contrary, if the8
general assembly amends the "Public School Finance Act of 1994 2025",9
article 54 of this title 22, to count a student enrolled in kindergarten only10
as a half-day pupil, with or without the addition of supplemental11
kindergarten enrollment as defined in section 22-54-103 (15) for purposes12
of calculating the funded pupil count as defined in section 22-54-103 (7)13
DETERMINED PURSUANT TO ARTICLE 54 OF THIS TITLE 22, a school district14
may charge the student's parents tuition or a fee for the portion of the15
school day for which it does not receive funding for the student pursuant16
to the "Public School Finance Act of 1994 2025"; except that the amount17
of tuition or fee charged shall MUST not exceed the amount of tuition or18
fee that the school district charged to attend a full-day kindergarten19
educational program for the 2018-19 budget year, adjusted for inflation20
and prorated by the percentage of the school day for which the student is21
no longer funded by the "Public School Finance Act of 1994 2025". As22
used in this subsection (1)(b), "inflation" means the annual percentage23
change in the United States department of labor bureau of labor statistics24
consumer price index for Denver-Aurora-Lakewood for all items paid by25
all urban consumers, or its applicable successor index.26
SECTION 43. In Colorado Revised Statutes, 22-32-141, amend27
1448
-98- (4)(a) as follows:1
22-32-141. Student awaiting trial as adult - educational2
services - definitions. (4) (a) In any budget year in which a school3
district is providing educational services to a juvenile pursuant to this4
section on the pupil enrollment count day of said THE budget year, the5
school district may include the juvenile in its pupil enrollment, as defined6
in section 22-54-103 (10), for purposes of determining the school7
district's total program funding under the "Public School Finance Act of8
1994 2025", article 54 of this title TITLE 22.9
SECTION 44. In Colorado Revised Statutes, 22-32.5-108,10
amend (3)(a) as follows:11
22-32.5-108. District of innovation - waiver of statutory and12
regulatory requirements. (3) Designation as a district of innovation13
shall MUST not affect a school district's:14
(a) Total program funding calculated pursuant to the "Public15
School Finance Act of 1994 2025", article 54 of this title TITLE 22; or16
SECTION 45. In Colorado Revised Statutes, 22-33-104.5,17
amend (6)(a) as follows:18
22-33-104.5. Home-based education - guidelines - legislative19
declaration - definitions. (6) (a) If a child is participating in a nonpublic20
home-based educational program but also attending a public school for21
a portion of the school day, the school district of the public school shall22
be entitled to MAY count such THE child in accordance with the provisions23
of section 22-54-103 (10) for purposes of determining pupil enrollment24
under PURSUANT TO the "Public School Finance Act of 1994 2025",25
article 54 of this title TITLE 22.26
SECTION 46. In Colorado Revised Statutes, 22-35-105, amend27
1448
-99- (2) introductory portion and (2)(a) as follows:1
22-35-105. Financial provisions - payment of tuition. (2) If a2
qualified student concurrently enrolls in a course offered by an institution3
of higher education, the institution shall be IS responsible for course4
content, placement of the student in the course, and the quality of5
instruction. In addition, because the qualified student is receiving6
academic credit at his or her THE QUALIFIED STUDENT'S local education7
provider for the course pursuant to section 22-35-104 (5):8
(a) The qualified student shall be IS included in the funded pupil9
count of his or her THE STUDENT'S school district or, in the case of a10
student enrolled in an institute charter school, of the school's accounting11
district, as determined pursuant to the provisions of section 22-54-103 (7)12
ARTICLE 54 OF THIS TITLE 22; and13
SECTION 47. In Colorado Revised Statutes, 22-35-108, amend14
(3) as follows:15
22-35-108. Accelerating students through concurrent16
enrollment program - objectives - non-tuition expenses - rules. (3) A17
local education provider may include each qualified student whom the18
local education provider designates to participate in the ASCENT19
program pursuant to this section in the district's funded pupil count, or,20
in the case of a qualified student enrolled in an institute charter school, in21
the funded pupil count of the school's accounting district, as provided in22
section 22-54-103 (7) DETERMINED PURSUANT TO ARTICLE 54 OF THIS23
TITLE 22.24
SECTION 48. In Colorado Revised Statutes, 22-35-108.5,25
amend (3)(a) and (3)(b) as follows:26
22-35-108.5. Teacher recruitment education and preparation27
1448
-100- (TREP) program - objectives - selection criteria - rules. (3) (a) The1
local education provider that enrolls a qualified student who is designated2
by the department as a TREP program participant may include the student3
in the school district's funded pupil count, or, in the case of a student4
enrolled in an institute charter school, in the funded pupil count of the5
institute charter school's accounting district as provided in section6
22-54-103 (7) DETERMINED PURSUANT TO ARTICLE 54 OF THIS TITLE 22.7
(b) A local education provider that receives extended high school8
funding, as described in section 22-54-104 (4.7) ARTICLE 54 OF THIS TITLE9
22, in a budget year for program participants may expend the funding on10
behalf of TREP program participants who enroll in an institution of11
higher education during that budget year and on behalf of the TREP12
program participants who, by May 1 of that budget year, are admitted to13
an institution of higher education to participate in the TREP program14
during the next budget year.15
SECTION 49. In Colorado Revised Statutes, 22-35-111, amend16
(2) as follows:17
22-35-111. Rules. (2) By July 1, 2020, The state board shall18
adopt rules to specify the number of postsecondary credits in which a19
qualified student must be concurrently enrolled to qualify for full-time20
membership for purposes of the "Public School Finance Act of 199421
2025", article 54 of this title 22.22
SECTION 50. In Colorado Revised Statutes, 22-35.3-102,23
amend (8) as follows:24
22-35.3-102. Definitions. As used in this article 35.3, unless the25
context otherwise requires:26
(8) "Funded pupil count" has the same meaning as provided in27
1448
-101- section 22-54-103 (7) MEANS THE FUNDED PUPIL COUNT AS DETERMINED1
PURSUANT TO ARTICLE 54 OF THIS TITLE 22.2
SECTION 51. In Colorado Revised Statutes, 22-35.3-104,3
amend (1)(a) as follows:4
22-35.3-104. P-tech schools - funding. (1) (a) To calculate5
district total program pursuant to section 22-54-104 ARTICLE 54 OF THIS6
TITLE 22, a school district that is approved to operate a p-tech school7
pursuant to section 22-35.3-103, including a p-tech school that is a district8
charter school, may include the students who are enrolled in grades nine9
through twelve in the p-tech school in the school district's pupil10
enrollment, as defined in section 22-54-103 (10), and may include the11
students who are enrolled in grades thirteen and fourteen in the p-tech12
school in the school district's district extended high school pupil13
enrollment.14
SECTION 52. In Colorado Revised Statutes, 22-35.6-103,15
amend (1) as follows:16
22-35.6-103. High school innovative learning pilot program -17
created - rules. (1) There is created in the department the high school18
innovative learning pilot program to authorize full-time funding for19
students enrolled in grades nine through twelve in high schools operated20
by selected local education providers to enable the local education21
providers to provide innovative learning opportunities for high school22
students to support them in successful transitions from high school to23
postsecondary education or the workforce. The department shall24
administer the pilot program by reviewing applications and selecting the25
local education providers that propose an innovative learning plan that26
meets the requirements specified in section 22-35.6-104 and is designed27
1448
-102- to ensure that students enrolled in grades nine through twelve may1
participate in innovative learning opportunities before graduation. A local2
education provider that is selected to participate in the pilot program is3
authorized to count students who are enrolled in grades nine through4
twelve and are participating in innovative learning opportunities as5
full-time pupils for purposes of the "Public School Finance Act of 19946
2025", article 54 of this title 22, regardless of the actual number of7
teacher-pupil instruction hours and teacher-pupil contact hours for each8
pupil.9
SECTION 53. In Colorado Revised Statutes, 22-40-102, amend10
(1.7)(a) and (6)(a) as follows:11
22-40-102. Certification - tax revenues - repeal. (1.7) (a) The12
board of education of any school district, at the regular biennial election13
for school district directors or on the dates authorized by section14
22-54-108 for elections for additional local property tax revenues under15
the "Public School Finance Act of 1994 2025" shall submit to the eligible16
electors of the district the question of whether to impose a mill levy for17
the payment of excess transportation costs. If a majority of the votes cast18
at any such THE election are in favor of the question, an additional mill19
levy shall be IS levied each year, and revenues received therefrom shall20
MUST be deposited into the transportation fund of the district created in21
section 22-45-103 (1)(f).22
(6) (a) Each school district, with such assistance as may be23
required from the department of education, shall inform the county24
treasurer for each county within the district's boundaries no later than25
December 15 of each year of said THE district's general fund mill levy in26
the absence of funds estimated to be received by said THE district27
1448
-103- pursuant to the "Public School Finance Act of 1994 2025", article 54 of1
this title 22, and the estimated funds to be received for the general fund2
of the district from the state.3
SECTION 54. In Colorado Revised Statutes, 22-43.7-201,4
amend (4)(a)(II)(A) as follows:5
22-43.7-201. Full-day kindergarten facility capital6
construction fund - creation - grants - definitions. (4) (a) As used in7
this subsection (4), unless the context otherwise requires:8
(II) "Equitable adjustment factor" means, with respect to both an9
applicant and a potential applicant that does not actually apply for a grant10
as authorized by this subsection (4), the sum of the applicant's:11
(A) Size factor, as determined pursuant to section 22-54-10412
(5)(b)(I.5) ARTICLE 54 OF THIS TITLE 22;13
SECTION 55. In Colorado Revised Statutes, amend 22-52-10714
as follows:15
22-52-107. Funding of second chance program. It is the intent16
of the general assembly that, after the initial appropriation made to the17
department of education for the fiscal year beginning July 1, 1985, The18
responsibilities and duties specified in this article shall MUST be19
performed by the department of education and the participating school20
districts through the funding available pursuant to the "Public School21
Finance Act of 1994 2025", article 54 of this title TITLE 22.22
SECTION 56. In Colorado Revised Statutes, 22-55-102, amend23
(14) and (18) as follows:24
22-55-102. Definitions. As used in this article 55, unless the25
context otherwise requires:26
(14) "Statewide base per pupil funding" means the amount27
1448
-104- specified for each budget year in section 22-54-104 (5)(a) ARTICLE 54 OF1
THIS TITLE 22.2
(18) "Total program" or "total program education funding" means3
a district's total program as determined pursuant to section 22-54-104 (1)4
ARTICLE 54 OF THIS TITLE 22.5
SECTION 57. In Colorado Revised Statutes, 22-55-104, amend6
(3) introductory portion as follows:7
22-55-104. Procedures relating to state education fund8
revenue estimates - legislative declaration. (3) By February 1, 2002,9
and by each February 1 thereafter, ON OR BEFORE EACH FEBRUARY 1, the10
staff of the legislative council STAFF OF THE GENERAL ASSEMBLY , in11
consultation with the state auditor, the office of state planning and12
budgeting, the state treasurer, the department of education, and the joint13
budget committee, shall cause to be conducted a review of the model used14
to forecast revenues in and expenditures from the fund and the spending15
requirements of the "Public School Finance Act of 1994 2025", article 5416
of this title TITLE 22. Copies of the review shall MUST promptly be17
transmitted to the joint budget committee, and the office of state planning18
and budgeting, and the education committees of the senate and the house19
of representatives. The review shall MUST include, but need not be limited20
to, the following:21
SECTION 58. In Colorado Revised Statutes, 22-55-106, amend22
(2) as follows:23
22-55-106. Statewide base per pupil funding - increases.24
(2) The general assembly may annually appropriate moneys MONEY in25
the state education fund, the general fund, any other state fund, or some26
combination thereof, as necessary in the sole discretion of the general27
1448
-105- assembly, to satisfy the requirements of subsection (1) of this section, and1
such moneys shall THE MONEY MUST be distributed to public school2
districts and the state charter school institute in accordance with the3
provisions of the "Public School Finance Act of 1994 2025", article 54 of4
this title TITLE 22.5
SECTION 59. In Colorado Revised Statutes, 24-77-104.5,6
amend (3)(a)(I) as follows:7
24-77-104.5. General fund exempt account - referendum C8
money - specification of uses for health care and education -9
definitions. (3) (a) Funding for preschool through twelfth grade10
education, as used in subparagraph (II) of paragraph (b) of subsection (1)11
SUBSECTION (1)(b)(II) of this section, shall be IS limited to funding for:12
(I) Per-pupil funding for preschool through twelfth grade13
education through the "Public School Finance Act of 1994 2025", article14
54 of title 22, C.R.S. or any successor act;15
SECTION 60. In Colorado Revised Statutes, 25.5-10-206,16
amend as it will become effective July 1, 2024, (7)(b) as follows:17
25.5-10-206. Authorized long-term services and supports -18
conditions of funding - purchase of services and supports - adult19
protective services data system check - boards of county20
commissioners - appropriation. (7) (b) Each school district shall pay21
to the case management agency purchasing programs attended by a22
student with an intellectual and developmental disability, who is23
domiciled in the school district and may be counted in the district's pupil24
enrollment, an amount at least equal to the district's per pupil revenues as25
determined pursuant to the "Public School Finance Act of 1994 2025",26
article 54 of title 22. This subsection (7) applies to students who are less27
1448
-106- than twenty-two years of age.1
SECTION 61. In Colorado Revised Statutes, 26.5-4-202, amend2
(2)(a)(I) as follows:3
26.5-4-202. Legislative declaration. (2) (a) The general4
assembly further finds and declares that:5
(I) In 2000, the voters approved section 17 of article IX of the6
state constitution, which requires the general assembly to annually7
increase, by at least the rate of inflation, the statewide base per pupil8
funding, as defined by the "Public School Finance Act of 1994", article9
54 of title 22, for public education from preschool through twelfth grade;10
SECTION 62. In Colorado Revised Statutes, 26.5-4-208, amend11
(6)(b) as follows:12
26.5-4-208. Preschool provider funding - per-child rates - local13
contribution - distribution and use of money - definitions - repeal.14
(6) As used in this section, unless the context otherwise requires:15
(b) "Funded pupil count" has the same meaning as provided in16
section 22-54-103 MEANS THE FUNDED PUPIL COUNT AS DETERMINED17
PURSUANT TO ARTICLE 54 OF TITLE 22.18
SECTION 63. In Colorado Revised Statutes, 34-63-102, amend19
(5.4) introductory portion and (5.4)(e)(III) as follows:20
34-63-102. Creation of mineral leasing fund - distribution -21
advisory committee - local government permanent fund created -22
transfer of money - definitions. (5.4) Except as otherwise provided in23
subsection (5.5) of this section, on and after July 1, 2008, all moneys24
MONEY other than bonus payments, as defined in paragraph (b) of25
subsection (5.3) SUBSECTION (5.3)(b) of this section, credited to the26
mineral leasing fund created in subparagraph (II) of paragraph (a) of27
1448
-107- subsection (1) SUBSECTION (1)(a)(II) of this section shall MUST be1
distributed on a quarterly basis for quarters beginning on July 1, October2
1, January 1, and April 1 of each state fiscal year as follows:3
(e) (III) The executive director of the department of local affairs4
shall make the distributions required by subparagraphs (I) and (II) of this5
paragraph (e) SUBSECTIONS (5)(e)(I) AND (5)(e)(II) OF THIS SECTION at the6
same time as the executive director makes distributions to counties7
pursuant to paragraph (c) of this subsection (5.4) SUBSECTION (5.4)(c) OF8
THIS SECTION, and the total amount of the distributions made to all school9
districts within a single county shall MUST be in proportion to the amount10
of the moneys MONEY distributed directly to the county pursuant to said11
paragraph (c) SUBSECTION (5.4)(c) OF THIS SECTION. Where more than one12
school district exists within a county, the distribution to each school13
district shall MUST be the percentage that the most recent funded pupil14
count, as determined pursuant to the "Public School Finance Act of 199415
2025", article 54 of title 22, C.R.S. for pupils enrolled in the county16
attributable to that school district bears to the most recent total funded17
pupil count for all pupils attributable to the county.18
SECTION 64. In Colorado Revised Statutes, 39-5-132, amend19
(5) as follows:20
39-5-132. Assessment and taxation of new construction.21
(5) Moneys MONEY received by a school district pursuant to this section22
shall MUST be deposited in the district's capital reserve fund and shall23
MUST not be included in calculating the amount of revenue which THAT24
a district is entitled to receive from the property tax levy for the general25
fund of the district under the "Public School Finance Act of 1994 2025",26
article 54 of title 22. C.R.S.27
1448
-108- SECTION 65. In Colorado Revised Statutes, 39-10-103, amend1
(2) as follows:2
39-10-103. Tax statement - repeal. (2) Each tax notice shall3
MUST contain information regarding the actual school district general4
fund mill levy and the school district general fund mill levy in absence of5
funds estimated to be received by school districts pursuant to the "Public6
School Finance Act of 1994 2025", article 54 of title 22, and the7
estimated funds to be received for the general funds of districts from the8
state.9
SECTION 66. In Colorado Revised Statutes, 39-10-114, amend10
(1)(a)(I)(B) as follows:11
39-10-114. Abatement - cancellation of taxes.12
(1) (a) (I) (B) The assessor shall certify the proportional amount of the13
total amount of abatements and refunds granted pursuant to the provisions14
of this section to the appropriate taxing entities at the same time that AS15
the certification of valuation for assessment is made pursuant to the16
provisions of section 39-5-128. Any taxing entity may adjust the amount17
of its tax levy authorized pursuant to the provisions of section 29-1-30118
C.R.S. by an additional amount which THAT does not exceed the19
proportional share of the total amount of abatements and refunds made20
pursuant to the provisions of this section. After calculating the amount of21
property tax revenues necessary to satisfy the requirements of the "Public22
School Finance Act of 1994 2025", article 54 of title 22, C.R.S. any23
school district shall add an amount equal to the proportional share of the24
total amount of abatements and refunds granted pursuant to the provisions25
of this section prior to the setting of the mill levy for such school district.26
Any additional amount added pursuant to the provisions of this subsection27
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-109- (1) shall MUST not be included in the total amount of revenue levied in1
said THE year for the purposes of computing the limit for the succeeding2
year pursuant to the provisions of section 29-1-301. C.R.S. Where WHEN3
a final determination is made granting an abatement or refund pursuant4
to the provisions of this section, the abatement or refund granted shall5
MUST be payable at such time as determined by the board of county6
commissioners after consultation with affected taxing entities but no later7
than upon the payment of property taxes for the property tax year in8
which said THE final determination was made. For the purposes of this9
sub-subparagraph (B) SUBSECTION (1)(a)(I)(B), a taxing entity's10
proportional share of the total amount of abatements and refunds granted11
shall MUST be based upon the amount of tax levied by a taxing entity on12
such THE real property in proportion to the total amount of tax levied on13
such THE real property by such taxing entities.14
SECTION 67. In Colorado Revised Statutes, 43-4-502, amend15
(2) as follows:16
43-4-502. Legislative declaration. (2) It is further the intent of17
the general assembly that no provision of this part 5 shall affect AFFECTS18
the
FORMER "Public School Finance Act of 1973", article 50 of title 22,19
C.R.S.
the FORMER "Public School Finance Act of 1988", article 53 of20
title 22, C.R.S. the FORMER "Public School Finance Act of 1994", article21
54 of title 22, C.R.S. THE "PUBLIC SCHOOL FINANCE ACT OF 2025,22
ARTICLE 54 OF TITLE 22, or any additional school financing mechanisms23
adopted by the general assembly.24
SECTION 68. Appropriation. For the 2024-25 state fiscal year,25
$184,433 is appropriated to the department of education. This26
appropriation is from the general fund and is based on an assumption that27
1448
-110- the division will require an additional 1.8 FTE. To implement this act, the1
department may use this appropriation for administration related to public2
school finance.3
SECTION 69. Appropriation. For the 2024-25 state fiscal year,4
$11,500,000 is appropriated to the department of education. This5
appropriation is from the charter school facilities assistance account, an6
account within the public school capital construction assistance fund,7
created in section 22-43.7-104 (2)(d), C.R.S. To implement this act, the8
department may use this appropriation for state aid for charter school9
facilities.10
SECTION 70. Appropriation - adjustments to 2024 long bill.11
(1) To implement this act, appropriations made in the annual general12
appropriation act for the 2024-25 state fiscal year to the department of13
education are adjusted as follows:14
(a) The cash funds appropriation from the state public school fund15
created in section 22-54-114 (1), C.R.S., estimated to be from interest and16
income earned on the investment of money in the public school fund that17
is credited to the state public school fund pursuant to section 22-41-10218
(3)(h), C.R.S., for the state share of districts' total program funding is19
decreased by $5,000,000; and20
(b) The cash funds appropriation from the state public school fund21
created in section 22-54-114 (1) C.R.S., from interest and income earned22
on the investment of money in the public school fund that is credited to23
the state public school fund pursuant to section 22-41-102 (3)(h), C.R.S.,24
for at-risk per pupil additional funding is decreased by $5,000,000. 25
(2) For the 2024-25 state fiscal year, $10,000,000 is appropriated26
to the department of education. This appropriation is from the state27
1448
-111- education fund created in section 17 (4)(a) of article IX of the state1
constitution. To implement this act, the department may use this2
appropriation as follows:3
(a) $5,000,000 for the state share of districts' total program4
funding; and5
(b) $5,000,000 for at-risk per pupil additional funding.6
SECTION 71. Appropriation. (1) For the 2024-25 state fiscal7
year, $32,875 is appropriated to the legislative department. This8
appropriation is from the general fund. To implement this act, the9
department may use this appropriation as follows:10
(a) $2,359 for use by the general assembly; 11
(b) $22,047 for use by the legislative council, which amount is12
based on an assumption that the legislative council will require an13
additional 0.3 FTE; and14
(c) $8,469 for the committee on legal services, which amount is15
based on an assumption that the committee will require an additional 0.116
FTE.17
SECTION 72. Appropriation. For the 2023-24 state fiscal year,18
$11,374,594 is appropriated to the department of education. This19
appropriation is from the mill levy override match fund created in section20
22-54-107.9 (6)(a), C.R.S. To implement this act, the department may use21
this appropriation for mill levy override matching pursuant to section22
22-54-107.9, C.R.S. 23
SECTION 73. Safety clause. The general assembly finds,24
determines, and declares that this act is necessary for the immediate25
preservation of the public peace, health, or safety or for appropriations for26
1448
-112- the support and maintenance of the departments of the state and state1
institutions.2
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