13 | | - | ONCERNING THE CREATION OF A MODERNIZED APPROACH TO FUNDING |
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14 | | - | PUBLIC EDUCATION |
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15 | | - | , AND, IN CONNECTION THEREWITH, MAKING AND |
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16 | | - | REDUCING AN APPROPRIATION |
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17 | | - | . |
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18 | | - | |
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19 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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20 | | - | SECTION 1. In Colorado Revised Statutes, amend 22-54-101 as |
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21 | | - | follows: |
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22 | | - | 22-54-101. Short title. This article shall be known and may be citedas the "Public School Finance Act of 1994" THE SHORT TITLE OF THIS |
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23 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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24 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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25 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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26 | | - | history, or the Session Laws. |
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27 | | - | ________ |
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28 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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29 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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30 | | - | the act. ARTICLE 54 IS THE "PUBLIC SCHOOL FINANCE ACT OF 2025". |
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31 | | - | SECTION 2. In Colorado Revised Statutes, amend 22-54-102 as |
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32 | | - | follows: |
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33 | | - | 22-54-102. Statewide applicability - intergovernmental |
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34 | | - | agreements - legislative declaration. (1) The general assembly hereby |
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35 | | - | finds and declares that this article ARTICLE 54 is enacted in furtherance of |
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36 | | - | the general assembly's duty under section 2 of article IX of the state |
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37 | | - | constitution to provide for a thorough and uniform system of public schools |
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38 | | - | throughout the state; that a thorough and uniform system requires that all |
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39 | | - | school districts and institute charter schools operate under the same finance |
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40 | | - | formula; and that equity considerations dictate that all districts and institute |
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41 | | - | charter schools be subject to the expenditure and maximum levy provisions |
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42 | | - | of this article |
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43 | | - | ARTICLE 54. Accordingly, the provisions of this article |
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44 | | - | ARTICLE 54 concerning the financing of public schools for budget years |
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45 | | - | beginning on and after July 1, 1994, shall apply to all school districts and |
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46 | | - | institute charter schools organized under the laws of this state. |
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| 14 | + | ONCERNING THE CREATION OF A MODERNIZED APPROACH TO101 |
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| 15 | + | FUNDING PUBLIC |
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| 16 | + | EDUCATION, AND, IN CONNECTION THEREWITH ,102 |
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| 17 | + | MAKING AND REDUCING AN APPROPRIATION .103 |
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| 18 | + | Bill Summary |
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| 19 | + | (Note: This summary applies to this bill as introduced and does |
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| 20 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 21 | + | passes third reading in the house of introduction, a bill summary that |
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| 22 | + | applies to the reengrossed version of this bill will be available at |
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| 23 | + | http://leg.colorado.gov |
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| 24 | + | .) |
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| 25 | + | The bill creates a new total program formula (new formula), which |
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| 26 | + | is used to determine each school district's (district) and institute charter |
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| 27 | + | school's annual total program amount to fund public education. With |
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| 28 | + | limited exception, the district or the institute charter school has the |
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| 29 | + | discretion to determine the budgeting and expending of its total program |
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| 30 | + | SENATE |
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| 31 | + | 3rd Reading Unamended |
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| 32 | + | May 7, 2024 |
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| 33 | + | SENATE |
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| 34 | + | Amended 2nd Reading |
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| 35 | + | May 5, 2024 |
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| 36 | + | HOUSE |
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| 37 | + | Amended 3rd Reading |
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| 38 | + | May 1, 2024 |
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| 39 | + | HOUSE |
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| 40 | + | Amended 2nd Reading |
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| 41 | + | April 30, 2024 |
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| 42 | + | HOUSE SPONSORSHIP |
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| 43 | + | McCluskie and Bacon, Boesenecker, English, Epps, Herod, Joseph, Kipp, Lukens, |
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| 44 | + | Martinez, Mauro, McCormick, McLachlan, Ortiz, Pugliese, Ricks, Velasco, Weissman, |
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| 45 | + | Woodrow, Young |
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| 46 | + | SENATE SPONSORSHIP |
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| 47 | + | Lundeen and Zenzinger, Baisley, Bridges, Buckner, Coleman, Exum, Fields, Gardner, |
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| 48 | + | Ginal, Kirkmeyer, Liston, Mullica, Pelton B., Pelton R., Priola, Rich, Roberts, Simpson, |
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| 49 | + | Smallwood, Van Winkle, Will |
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| 50 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 51 | + | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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| 52 | + | Dashes through the words or numbers indicate deletions from existing law. money. |
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| 53 | + | The new formula: |
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| 54 | + | ! Starts with a district's foundation funding, which is |
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| 55 | + | determined by multiplying the statewide base per pupil |
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| 56 | + | funding by the district's funded pupil count, excluding the |
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| 57 | + | district's extended high school pupil enrollment and the |
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| 58 | + | district's online pupil enrollment; then |
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| 59 | + | ! Adds the district's at-risk funding, which is determined by |
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| 60 | + | multiplying the statewide base per pupil funding by 25% |
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| 61 | + | and then multiplying that result by the district's at-risk pupil |
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| 62 | + | enrollment; then |
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| 63 | + | ! Adds the district's English language learning funding, |
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| 64 | + | which is determined by multiplying the statewide base per |
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| 65 | + | pupil funding by 25% and then multiplying that result by |
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| 66 | + | the district's English language learner pupil enrollment; |
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| 67 | + | then |
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| 68 | + | ! Adds the district's special education funding, which is |
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| 69 | + | determined by multiplying the statewide base per pupil |
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| 70 | + | funding by 25% and then multiplying that result by the |
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| 71 | + | district's special education pupil enrollment; then |
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| 72 | + | ! Adds the district's cost of living factor, which is determined |
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| 73 | + | by multiplying the statewide base per pupil funding by the |
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| 74 | + | district's funded pupil count, excluding the district's |
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| 75 | + | extended high school pupil enrollment and the district's |
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| 76 | + | online pupil enrollment, and then multiplying that result by |
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| 77 | + | the district's cost of living factor; then |
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| 78 | + | ! Adds the district's locale factor, which is determined by |
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| 79 | + | multiplying the statewide base per pupil funding by the |
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| 80 | + | district's funded pupil count, excluding the district's |
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| 81 | + | extended high school pupil enrollment and the district's |
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| 82 | + | online pupil enrollment, and then multiplying that result by |
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| 83 | + | the district's locale factor; then |
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| 84 | + | ! Adds the district's size factor, which is determined by |
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| 85 | + | multiplying the statewide base per pupil funding by the |
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| 86 | + | district's funded pupil count, excluding the district's |
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| 87 | + | extended high school pupil enrollment and the district's |
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| 88 | + | online pupil enrollment, and then multiplying that result by |
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| 89 | + | the district's size factor; then |
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| 90 | + | ! Adds the district's extended high school funding, which is |
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| 91 | + | determined by multiplying the district's extended high |
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| 92 | + | school pupil enrollment by an amount that increases by the |
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| 93 | + | same percentage that the statewide base per student funding |
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| 94 | + | increases; then |
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| 95 | + | ! Adds the district's online funding, which is determined by |
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| 96 | + | multiplying the district's online pupil enrollment by an |
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| 97 | + | 1448 |
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| 98 | + | -2- amount that increases by the same percentage that the |
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| 99 | + | statewide base per student funding increases. |
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| 100 | + | Beginning in the 2030-31 state fiscal year, the new formula will |
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| 101 | + | determine each district's and institute charter school's annual total |
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| 102 | + | program amount. |
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| 103 | + | For the 2025-26 state fiscal year through the 2029-30 state fiscal |
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| 104 | + | year, each district's and institute charter school's annual total program |
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| 105 | + | amount will be determined by calculating each district's and institute |
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| 106 | + | charter school's annual total program amount under the new formula and |
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| 107 | + | the expiring formula. During these state fiscal years, a district's or |
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| 108 | + | institute charter school's annual total program amount is the district's or |
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| 109 | + | institute charter school's calculation under the expiring formula, unless: |
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| 110 | + | ! For the 2025-26 state fiscal year, if the total program |
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| 111 | + | calculation under the new formula is greater than the total |
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| 112 | + | program calculation under the expiring formula, the |
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| 113 | + | district's or institute charter school's annual total program |
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| 114 | + | amount is the amount calculated under the expiring formula |
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| 115 | + | plus an amount equal to 18% of the difference between the |
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| 116 | + | amount calculated under the new formula and the expiring |
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| 117 | + | formula; |
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| 118 | + | ! For the 2026-27 state fiscal year, if the total program |
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| 119 | + | calculation under the new formula is greater than the total |
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| 120 | + | program calculation under the expiring formula, the |
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| 121 | + | district's or institute charter school's annual total program |
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| 122 | + | amount is the amount calculated under the expiring formula |
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| 123 | + | plus an amount equal to 34% of the difference between the |
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| 124 | + | amount calculated under the new formula and the expiring |
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| 125 | + | formula; |
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| 126 | + | ! For the 2027-28 state fiscal year, if the total program |
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| 127 | + | calculation under the new formula is greater than the total |
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| 128 | + | program calculation under the expiring formula, the |
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| 129 | + | district's or institute charter school's annual total program |
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| 130 | + | amount is the amount calculated under the expiring formula |
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| 131 | + | plus an amount equal to 50% of the difference between the |
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| 132 | + | amount calculated under the new formula and the expiring |
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| 133 | + | formula; |
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| 134 | + | ! For the 2028-29 state fiscal year, if the total program |
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| 135 | + | calculation under the new formula is greater than the total |
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| 136 | + | program calculation under the expiring formula, the |
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| 137 | + | district's or institute charter school's annual total program |
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| 138 | + | amount is the amount calculated under the expiring formula |
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| 139 | + | plus an amount equal to 66% of the difference between the |
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| 140 | + | amount calculated under the new formula and the expiring |
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| 141 | + | formula; and |
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| 142 | + | ! For the 2029-30 state fiscal year, if the total program |
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| 143 | + | 1448 |
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| 144 | + | -3- calculation under the new formula is greater than the total |
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| 145 | + | program calculation under the expiring formula, the |
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| 146 | + | district's or institute charter school's annual total program |
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| 147 | + | amount is the amount calculated under the expiring formula |
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| 148 | + | plus an amount equal to 82% of the difference between the |
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| 149 | + | amount calculated under the new formula and the expiring |
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| 150 | + | formula. |
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| 151 | + | The bill repeals the expiring formula on July 1, 2030. |
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| 152 | + | The bill makes amendments to conform with these changes and to |
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| 153 | + | repeal obsolete provisions within the "Public School Finance Act". |
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| 154 | + | The bill requires the department of education to contract with |
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| 155 | + | third-party entities to conduct 2 studies and publish reports concerning |
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| 156 | + | weighted student budgeting and implementing a multiple count day |
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| 157 | + | method for determining pupil enrollment. The third-party entities are |
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| 158 | + | required to submit reports to the education committees of the house of |
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| 159 | + | representatives and the senate, and the governor, by June 30, 2025. |
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| 160 | + | Under current law, there is the public school fund of the state |
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| 161 | + | (permanent school fund). The bill requires that: |
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| 162 | + | ! For the 2024-25 state fiscal year, the first $11 million of |
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| 163 | + | interest and income earned on the deposit and investment |
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| 164 | + | of money in the permanent school fund (interest and |
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| 165 | + | income) is credited to the state public school fund, the next |
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| 166 | + | $11 million of interest and income becomes part of the |
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| 167 | + | principal of the permanent school fund, and the remaining |
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| 168 | + | interest and income is credited to the restricted account of |
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| 169 | + | the public school capital construction assistance fund |
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| 170 | + | (assistance fund); |
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| 171 | + | ! For the 2025-26 state fiscal year, the first $6 million of |
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| 172 | + | interest and income is credited to the state public school |
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| 173 | + | fund, the next $6 million of interest and income becomes |
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| 174 | + | part of the principal of the permanent school fund, and the |
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| 175 | + | remaining interest and income is credited to the restricted |
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| 176 | + | account of the assistance fund; and |
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| 177 | + | ! For the 2026-27 state fiscal year, and state fiscal years |
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| 178 | + | thereafter, all interest and income is credited to the |
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| 179 | + | restricted account of the assistance fund. |
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| 180 | + | The bill requires the state treasurer to allocate any money |
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| 181 | + | remaining in the state land board trust administration fund to pay for the |
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| 182 | + | services provided by the investment consultant hired by the public school |
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| 183 | + | investment board and for the reimbursement for travel and other |
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| 184 | + | necessary expenses incurred by the members of that board. |
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| 185 | + | Under certain circumstances, the bill requires to be credited to the |
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| 186 | + | assistance fund: |
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| 187 | + | ! For the 2024-25 state fiscal year, the greater of $10 million |
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| 188 | + | from proceeds received from certain resources from public |
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| 189 | + | 1448 |
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| 190 | + | -4- school lands plus 50% of the gross amount of public school |
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| 191 | + | lands income other than interest or income, or $40 million; |
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| 192 | + | ! For the 2025-26 state fiscal year, the greater of $15 million |
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| 193 | + | from proceeds received from certain resources from public |
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| 194 | + | school lands plus 50% of the gross amount of public school |
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| 195 | + | lands income other than interest or income, or $40 million; |
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| 196 | + | and |
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| 197 | + | ! For the 2026-27 state fiscal year, and each state fiscal year |
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| 198 | + | thereafter, the greater of $21 million from proceeds |
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| 199 | + | received from certain resources from public school lands |
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| 200 | + | plus 50% of the gross amount of public school lands |
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| 201 | + | income other than interest or income, or $40 million. |
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| 202 | + | The bill credits an amount to the charter school facilities assistance |
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| 203 | + | account from the assistance fund. |
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| 204 | + | The bill increases the total maximum amount of annual payments |
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| 205 | + | payable by the state during a state fiscal year under the terms of all |
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| 206 | + | outstanding financed purchase of an asset or certificate of participation |
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| 207 | + | agreements entered into by the state treasurer from $125 million to $150 |
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| 208 | + | million. |
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| 209 | + | Current law dictates the distribution of proceeds received from |
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| 210 | + | certain resources from public school lands, of which, a certain amount is |
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| 211 | + | credited to the permanent school fund. The bill requires that: |
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| 212 | + | ! For the 2024-25 state fiscal year, the first $10 million is |
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| 213 | + | credited to the assistance fund; |
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| 214 | + | ! For the 2025-26 state fiscal year, the first $15 million is |
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| 215 | + | credited to the assistance fund; and |
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| 216 | + | ! For the 2026-27 state fiscal year, and each state fiscal year |
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| 217 | + | thereafter, the first $21 million is credited to the assistance |
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| 218 | + | fund. |
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| 219 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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| 220 | + | SECTION 1. In Colorado Revised Statutes, amend 22-54-101 as2 |
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| 221 | + | follows:3 |
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| 222 | + | 22-54-101. Short title. This article shall be known and may be |
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| 223 | + | 4 |
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| 224 | + | cited as the "Public School Finance Act of 1994" THE SHORT TITLE OF5 |
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| 225 | + | THIS ARTICLE 54 IS THE "PUBLIC SCHOOL FINANCE ACT OF 2025".6 |
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| 226 | + | SECTION 2. In Colorado Revised Statutes, amend 22-54-102 as7 |
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| 227 | + | follows:8 |
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| 228 | + | 1448-5- 22-54-102. Statewide applicability - intergovernmental1 |
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| 229 | + | agreements - legislative declaration. (1) The general assembly hereby2 |
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| 230 | + | finds and declares that this article ARTICLE 54 is enacted in furtherance of3 |
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| 231 | + | the general assembly's duty under section 2 of article IX of the state4 |
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| 232 | + | constitution to provide for a thorough and uniform system of public5 |
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| 233 | + | schools throughout the state; that a thorough and uniform system requires6 |
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| 234 | + | that all school districts and institute charter schools operate under the7 |
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| 235 | + | same finance formula; and that equity considerations dictate that all8 |
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| 236 | + | districts and institute charter schools be subject to the expenditure and9 |
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| 237 | + | maximum levy provisions of this article ARTICLE 54. Accordingly, the10 |
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| 238 | + | provisions of this article ARTICLE 54 concerning the financing of public11 |
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| 239 | + | schools for budget years beginning on and after July 1, 1994, shall apply12 |
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| 240 | + | to all school districts and institute charter schools organized under the13 |
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| 241 | + | laws of this state.14 |
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146 | | - | (3) The general assembly hereby finds and declares that in |
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147 | | - | enacting this article ARTICLE 54 it has adopted a formula for the support of |
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148 | | - | schools; for the 1994-95 budget year and budget years thereafter; however, |
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149 | | - | the adoption of such THE formula in no way represents IS a commitment on |
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150 | | - | the part of the general assembly concerning the level of total funding for |
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151 | | - | schools. for the 1995-96 budget year or any budget year thereafter. |
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152 | | - | (3) (4) (a) Nothing in this article shall be construed to THIS ARTICLE |
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153 | | - | 54 DOES NOT prohibit local governments from cooperating with school |
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154 | | - | districts through intergovernmental agreements to fund, construct, maintain, |
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155 | | - | or manage capital construction projects or other facilities as set forth in |
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156 | | - | section 22-45-103 (1)(c)(I)(A) or (1)(c)(I)(D), including, but not limited to, |
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157 | | - | swimming pools, playgrounds, or ball fields, as long as |
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158 | | - | IF funding for such |
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159 | | - | THE projects is provided solely from a source of local government revenue |
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160 | | - | that is otherwise authorized by law, except impact fees or other similar |
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161 | | - | development charges or fees. |
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162 | | - | (b) Notwithstanding any provision of paragraph (a) of this |
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163 | | - | subsection (3) SUBSECTION (4)(a) OF THIS SECTION to the contrary, nothing |
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164 | | - | in this subsection (3) shall be construed to THIS SUBSECTION (4) DOES NOT: |
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165 | | - | (I) Limit or restrict a county's power to require the reservation or |
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166 | | - | dedication of sites and land areas for schools or the payment of moneys |
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167 | | - | MONEY in lieu thereof pursuant to section 30-28-133 (4)(a); C.R.S. or to |
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168 | | - | limit a local government's ability to accept and expend impact fees or other |
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169 | | - | similar development charges or fees contributed voluntarily on or before |
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170 | | - | December 31, 1997, to fund the capital projects of school districts according |
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171 | | - | PAGE 4-HOUSE BILL 24-1448 to the terms of agreements voluntarily entered into on or before June 4, |
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172 | | - | 1996, between all affected parties; AND |
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173 | | - | (II) Repealed. |
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174 | | - | (III) Grant authority to local governments to require the reservation |
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175 | | - | or dedication of sites and land areas for schools or the payment of moneys |
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176 | | - | in lieu thereof MONEY; however, the prohibition on impact fees or other |
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177 | | - | similar development charges or fees contained in this subsection (3) shall |
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178 | | - | not be construed to SUBSECTION (4) DOES NOT restrict the authority of any |
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179 | | - | local government to require the reservation or dedication of sites and land |
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180 | | - | areas for schools or the payment of moneys in lieu thereof if such |
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181 | | - | MONEY |
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182 | | - | IF THE |
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183 | | - | local government otherwise has such |
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184 | | - | THE authority granted by law. |
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185 | | - | (4) If the December 2015 revenue forecast prepared by the |
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186 | | - | legislative council staff estimates that the amount of local property tax |
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187 | | - | revenues that will be available to districts for the 2015-16 budget year will |
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188 | | - | be greater than the amount estimated in the December 2014 revenue |
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189 | | - | forecast, it is the intent of the general assembly, through the supplemental |
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190 | | - | appropriations process during the 2016 regular legislative session, to |
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191 | | - | maintain and not reduce state appropriations for school finance funding |
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192 | | - | after consideration of other forecast changes, including changes in the |
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193 | | - | number of pupils and at-risk pupils enrolled, the inflation rate, and the |
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194 | | - | expected state education fund revenues. |
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195 | | - | (5) (a) The general assembly finds that, due to the COVID-19 |
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196 | | - | pandemic beginning during the 2019-20 school year, Colorado's public |
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197 | | - | education system has faced significant disruptions to the delivery of |
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198 | | - | classroom instruction, student learning, and access to critically necessary |
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199 | | - | nutritional, health, and social-emotional support services. Therefore, the |
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200 | | - | general assembly finds that: |
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201 | | - | (I) A world-class public education is critical to meeting the |
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202 | | - | workforce demands for Colorado's economy; |
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203 | | - | (II) The changing realities of Colorado's post-pandemic economy |
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204 | | - | demand that students be agile learners able to continuously learn, adapt, and |
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205 | | - | shift into new roles by developing critical thinking, collaboration, and |
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206 | | - | problem-solving skills; and |
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207 | | - | PAGE 5-HOUSE BILL 24-1448 (III) The needs of the state require that all students, including those |
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208 | | - | who are underserved or face significant challenges in meeting Colorado's |
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209 | | - | graduation guidelines, complete high school career and college ready. |
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210 | | - | (b) To provide each child in this state with a high-quality public |
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211 | | - | education, the general assembly declares that Colorado's public school |
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212 | | - | finance formula must be redesigned and modernized to: |
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213 | | - | (I) Prioritize equity, focusing on individual student needs by |
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214 | | - | increasing the funding for students who are economically disadvantaged |
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215 | | - | and students who are English language learners; and |
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216 | | - | (II) Address the inequities in school district funding that arise from |
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217 | | - | the dramatic differences in local property wealth and mill levy overrides. |
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218 | | - | (c) Further, the general assembly declares that, because English |
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219 | | - | language learner funding will now be included in the school finance |
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220 | | - | formula, it is appropriate to fund this inclusion by redirecting to the state |
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221 | | - | share of total program the amount previously appropriated for the |
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222 | | - | professional development and student support program created in section |
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223 | | - | 22-24-108. The general assembly further declares that the remaining costs |
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224 | | - | of the school finance formula changes are offset by the savings to the state |
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225 | | - | share of total program that occur as a result of correcting the unauthorized |
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226 | | - | reductions in district property tax mill levies as provided in section |
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227 | | - | 22-54-106 (2.1). |
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228 | | - | SECTION 3. In Colorado Revised Statutes, 22-54-103, amend |
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229 | | - | (1.3), (6), (6.5), (8.5)(a)(II), (8.5)(b), (10)(a)(II), (10)(a)(III.5), (10)(a)(V), |
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230 | | - | (10)(b)(I) introductory portion, (10)(d), (10)(f), (10)(h)(I) introductory |
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231 | | - | portion, (10.5)(b), (14), and (15); repeal (1.5)(a)(V), (1.5)(b), |
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232 | | - | (1.5)(c)(II)(A), (5.5)(a), (7), and (10)(g); and add (10.8) as follows: |
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233 | | - | 22-54-103. Definitions. As used in this article 54, unless the context |
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234 | | - | otherwise requires: |
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235 | | - | (1.3) "Accounting district" means the school |
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236 | | - | district within whose |
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237 | | - | geographic boundaries an institute charter school is physically located. |
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238 | | - | (1.5) (a) "At-risk pupils" means: |
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239 | | - | PAGE 6-HOUSE BILL 24-1448 (V) For the 2005-06 budget year through the 2020-21 budget year, |
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240 | | - | the number of district pupils who are English language learners plus the |
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241 | | - | greater of: |
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242 | | - | (A) The number of district pupils eligible for free lunch; or |
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243 | | - | (B) The number of pupils calculated in accordance with the |
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244 | | - | following formula: |
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245 | | - | District percentage of pupils eligible for free lunch x District pupil |
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246 | | - | enrollment. |
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247 | | - | (b) For purposes of subsection (1.5)(a)(V) of this section: |
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248 | | - | (I) "District percentage of pupils eligible for free lunch" means the |
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249 | | - | district pupils eligible for free lunch in grades one through eight divided by |
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250 | | - | the district pupil enrollment in grades one through eight. |
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251 | | - | (II) "District pupil enrollment" means the pupil enrollment of the |
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252 | | - | district, as determined in accordance with subsection (10) of this section, |
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253 | | - | minus the number of pupils enrolled in the Colorado preschool program |
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254 | | - | pursuant to article 28 of this title 22 and the number of three-year-old or |
---|
255 | | - | four-year-old pupils with disabilities receiving educational programs |
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256 | | - | pursuant to article 20 of this title 22. |
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257 | | - | (III) "District pupils eligible for free lunch" means the number of |
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258 | | - | pupils included in the district pupil enrollment who are eligible for free |
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259 | | - | lunch pursuant to the provisions of the federal "Richard B. Russell National |
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260 | | - | School Lunch Act", 42 U.S.C. sec. 1751 et seq. |
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261 | | - | (IV) "District pupils who are English language learners" means the |
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262 | | - | number of pupils included in the district pupil enrollment for the preceding |
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263 | | - | budget year who were not eligible for free lunch pursuant to the provisions |
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264 | | - | of the federal "Richard B. Russell National School Lunch Act", 42 U.S.C. |
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265 | | - | sec. 1751 et seq., and who are English language learners, as defined in |
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266 | | - | section 22-24-103 (4), and: |
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267 | | - | (A) Whose scores were not included in calculating school academic |
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268 | | - | performance grades as provided in section 22-7-1006.3; or |
---|
269 | | - | (B) Who took an assessment administered pursuant to section |
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270 | | - | PAGE 7-HOUSE BILL 24-1448 22-7-1006.3 in a language other than English. |
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271 | | - | (c) For purposes of subsection (1.5)(a)(VI) of this section: |
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272 | | - | (II) (A) "District pupil enrollment" means, for the 2021-22 and |
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273 | | - | 2022-23 budget years, the pupil enrollment of the district, as determined in |
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274 | | - | accordance with subsection (10) of this section, minus the number of pupils |
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275 | | - | enrolled in the Colorado preschool program pursuant to article 28 of this |
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276 | | - | title 22 and the number of three-year-old or four-year-old pupils with |
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277 | | - | disabilities receiving educational programs pursuant to article 20 of this title |
---|
278 | | - | 22. |
---|
279 | | - | (5.5) (a) "District percentage of at-risk pupils" means, for budget |
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280 | | - | years commencing prior to July 1, 2023, the number of at-risk pupils in the |
---|
281 | | - | district, as determined in accordance with subsection (1.5) of this section, |
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282 | | - | divided by the pupil enrollment of the district, as determined in accordance |
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283 | | - | with subsection (10) of this section; except that pupil enrollment does not |
---|
284 | | - | include the number of pupils enrolled in the Colorado preschool program |
---|
285 | | - | pursuant to article 28 of this title 22, as it exists prior to July 1, 2023, and |
---|
286 | | - | the number of three-year-old or four-year-old pupils with disabilities |
---|
287 | | - | receiving educational programs pursuant to article 20 of this title 22. |
---|
288 | | - | (6) "District's total program" means the funding for a district, as |
---|
289 | | - | determined pursuant to section 22-54-104 or section 22-54-104.3, |
---|
290 | | - | whichever is applicable, which represents the financial base of support for |
---|
291 | | - | public education in that district. "DISTRICT TOTAL PROGRAM" OR "DISTRICT'S |
---|
292 | | - | TOTAL PROGRAM |
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293 | | - | " MEANS A DISTRICT'S FUNDING, AS DETERMINED PURSUANT |
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294 | | - | TO THIS ARTICLE |
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295 | | - | 54, WHICH IS THE FINANCIAL BASE OF SUPPORT FOR PUBLIC |
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296 | | - | EDUCATION IN THAT DISTRICT |
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297 | | - | . |
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298 | | - | (6.5) "English language learner pupils" means the number of district |
---|
299 | | - | pupils who are English language learners, as defined in section 22-24-103 |
---|
300 | | - | (4), and for whom the district received |
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301 | | - | RECEIVES funding FOR THE |
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302 | | - | APPLICABLE BUDGET YEAR |
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303 | | - | pursuant to section 22-24-104 (3)(b)(I). |
---|
304 | | - | (7) "Funded pupil count" means: |
---|
305 | | - | (a) For budget years commencing prior to July 1, 2002, the greater |
---|
306 | | - | of: |
---|
307 | | - | PAGE 8-HOUSE BILL 24-1448 (I) The district's pupil enrollment for the applicable budget year; or |
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308 | | - | (II) The average of the district's pupil enrollment for the applicable |
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309 | | - | budget year and the district's pupil enrollment for the immediately |
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310 | | - | preceding budget year; or |
---|
311 | | - | (III) The average of the district's pupil enrollment for the applicable |
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312 | | - | budget year and the district's pupil enrollment for the two immediately |
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313 | | - | preceding budget years; or |
---|
314 | | - | (IV) The average of the district's pupil enrollment for the applicable |
---|
315 | | - | budget year and the district's pupil enrollment for the three immediately |
---|
316 | | - | preceding budget years; |
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317 | | - | (b) (I) For the budget year commencing on July 1, 2002, the district's |
---|
318 | | - | online pupil enrollment for the applicable budget year plus the greater of: |
---|
319 | | - | (A) The district's pupil enrollment for the applicable budget year; or |
---|
320 | | - | (B) The average of the district's pupil enrollment for the applicable |
---|
321 | | - | budget year and the district's pupil enrollment for the immediately |
---|
322 | | - | preceding budget year; or |
---|
323 | | - | (C) The average of the district's pupil enrollment for the applicable |
---|
324 | | - | budget year and the district's pupil enrollment for the two immediately |
---|
325 | | - | preceding budget years; or |
---|
326 | | - | (D) The average of the district's pupil enrollment for the applicable |
---|
327 | | - | budget year and the district's pupil enrollment for the three immediately |
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328 | | - | preceding budget years. |
---|
329 | | - | (II) Repealed. |
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330 | | - | (c) (I) For budget years commencing on and after July 1, 2003, but |
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331 | | - | prior to July 1, 2008, the district's online pupil enrollment for the applicable |
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332 | | - | budget year plus the district's preschool and kindergarten program |
---|
333 | | - | enrollment for the applicable budget year plus the greater of: |
---|
334 | | - | (A) The district's pupil enrollment for the applicable budget year; or |
---|
335 | | - | PAGE 9-HOUSE BILL 24-1448 (B) The average of the district's pupil enrollment for the applicable |
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336 | | - | budget year and the district's pupil enrollment for the immediately |
---|
337 | | - | preceding budget year; or |
---|
338 | | - | (C) The average of the district's pupil enrollment for the applicable |
---|
339 | | - | budget year and the district's pupil enrollment for the two immediately |
---|
340 | | - | preceding budget years; or |
---|
341 | | - | (D) The average of the district's pupil enrollment for the applicable |
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342 | | - | budget year and the district's pupil enrollment for the three immediately |
---|
343 | | - | preceding budget years. |
---|
344 | | - | (II) and (III) Repealed. |
---|
345 | | - | (IV) Notwithstanding any provision of law to the contrary, for |
---|
346 | | - | purposes of subparagraph (I) of this paragraph (c) for budget years |
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347 | | - | beginning on or after July 1, 2004, a district's funded pupil count shall |
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348 | | - | include the certified pupil enrollment and online pupil enrollment of each |
---|
349 | | - | operating institute charter school for which the district is the accounting |
---|
350 | | - | district. The department of education shall add the institute charter school's |
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351 | | - | certified pupil enrollment and online pupil enrollment to the funded pupil |
---|
352 | | - | count of the district prior to calculating the district's total program pursuant |
---|
353 | | - | to section 22-54-104. |
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354 | | - | (d) (I) For budget years commencing on and after July 1, 2008, but |
---|
355 | | - | prior to July 1, 2009, the district's online pupil enrollment for the applicable |
---|
356 | | - | budget year plus the district's preschool program enrollment for the |
---|
357 | | - | applicable budget year plus the district's supplemental kindergarten |
---|
358 | | - | enrollment for the applicable budget year plus the greater of: |
---|
359 | | - | (A) The district's pupil enrollment for the applicable budget year; or |
---|
360 | | - | (B) The average of the district's pupil enrollment for the applicable |
---|
361 | | - | budget year and the district's pupil enrollment for the immediately |
---|
362 | | - | preceding budget year; or |
---|
363 | | - | (C) The average of the district's pupil enrollment for the applicable |
---|
364 | | - | budget year and the district's pupil enrollment for the two immediately |
---|
365 | | - | preceding budget years; or |
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366 | | - | PAGE 10-HOUSE BILL 24-1448 (D) The average of the district's pupil enrollment for the applicable |
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367 | | - | budget year and the district's pupil enrollment for the three immediately |
---|
368 | | - | preceding budget years; or |
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369 | | - | (E) The average of the district's pupil enrollment for the applicable |
---|
370 | | - | budget year and the district's pupil enrollment for the four immediately |
---|
371 | | - | preceding budget years. |
---|
372 | | - | (II) Notwithstanding any provision of law to the contrary, for |
---|
373 | | - | purposes of subparagraph (I) of this paragraph (d), a district's funded pupil |
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374 | | - | count shall include the certified pupil enrollment and online pupil |
---|
375 | | - | enrollment of each operating institute charter school for which the district |
---|
376 | | - | is the accounting district. The department of education shall add the |
---|
377 | | - | institute charter school's certified pupil enrollment and online pupil |
---|
378 | | - | enrollment to the funded pupil count of the district prior to calculating the |
---|
379 | | - | district's total program pursuant to section 22-54-104. |
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380 | | - | (III) Repealed. |
---|
381 | | - | (IV) The general assembly hereby finds and declares that for the |
---|
382 | | - | purposes of section 17 of article IX of the state constitution, averaging a |
---|
383 | | - | district's pupil enrollment for the applicable budget year and the district's |
---|
384 | | - | pupil enrollment for the four immediately preceding budget years pursuant |
---|
385 | | - | to sub-subparagraph (E) of subparagraph (I) of this paragraph (d) is a |
---|
386 | | - | program for accountable education reform and may therefore receive |
---|
387 | | - | funding from the state education fund created in section 17 (4) of article IX |
---|
388 | | - | of the state constitution. |
---|
389 | | - | (e) (I) For budget years commencing on and after July 1, 2009, but |
---|
390 | | - | prior to July 1, 2023, the district's online pupil enrollment for the applicable |
---|
391 | | - | budget year plus the district's preschool program enrollment for the |
---|
392 | | - | applicable budget year plus the district's supplemental kindergarten |
---|
393 | | - | enrollment for the applicable budget year plus the district's extended high |
---|
394 | | - | school pupil enrollment for the applicable budget year, plus the greater of: |
---|
395 | | - | (A) The district's pupil enrollment for the applicable budget year; or |
---|
396 | | - | (B) The average of the district's pupil enrollment for the applicable |
---|
397 | | - | budget year and the district's pupil enrollment for the immediately |
---|
398 | | - | preceding budget year; or |
---|
399 | | - | PAGE 11-HOUSE BILL 24-1448 (C) The average of the district's pupil enrollment for the applicable |
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400 | | - | budget year and the district's pupil enrollment for the two immediately |
---|
401 | | - | preceding budget years; or |
---|
402 | | - | (D) The average of the district's pupil enrollment for the applicable |
---|
403 | | - | budget year and the district's pupil enrollment for the three immediately |
---|
404 | | - | preceding budget years; or |
---|
405 | | - | (E) The average of the district's pupil enrollment for the applicable |
---|
406 | | - | budget year and the district's pupil enrollment for the four immediately |
---|
407 | | - | preceding budget years. |
---|
408 | | - | (II) Notwithstanding any provision of law to the contrary, for |
---|
409 | | - | purposes of subparagraph (I) of this paragraph (e), a district's funded pupil |
---|
410 | | - | count shall include the certified pupil enrollment and online pupil |
---|
411 | | - | enrollment of each operating institute charter school for which the district |
---|
412 | | - | is the accounting district. The department of education shall add the |
---|
413 | | - | institute charter school's certified pupil enrollment and online pupil |
---|
414 | | - | enrollment to the funded pupil count of the district prior to calculating the |
---|
415 | | - | district's total program pursuant to section 22-54-104. |
---|
416 | | - | (III) Repealed. |
---|
417 | | - | (IV) The general assembly hereby finds and declares that for the |
---|
418 | | - | purposes of section 17 of article IX of the state constitution, averaging a |
---|
419 | | - | district's pupil enrollment for the applicable budget year and the district's |
---|
420 | | - | pupil enrollment for the four immediately preceding budget years pursuant |
---|
421 | | - | to sub-subparagraph (E) of subparagraph (I) of this paragraph (e) is a |
---|
422 | | - | program for accountable education reform and may therefore receive |
---|
423 | | - | funding from the state education fund created in section 17 (4) of article IX |
---|
424 | | - | of the state constitution. |
---|
425 | | - | (V) Notwithstanding any provision of law to the contrary, for the |
---|
426 | | - | 2010-11 budget year and each budget year thereafter, for the purposes of |
---|
427 | | - | this paragraph (e), a district's pupil enrollment for the applicable budget |
---|
428 | | - | year and a district's pupil enrollment for any preceding budget year shall not |
---|
429 | | - | include any pupil who is or was enrolled in a charter school that was |
---|
430 | | - | originally authorized by the district but was subsequently converted, on or |
---|
431 | | - | after July 1, 2010, to an institute charter school or to a charter school of a |
---|
432 | | - | district contiguous to the originally authorizing district. |
---|
433 | | - | PAGE 12-HOUSE BILL 24-1448 (VI) Notwithstanding any provision of this paragraph (e) to the |
---|
434 | | - | contrary, for the 2013-14 budget year and each budget year thereafter, for |
---|
435 | | - | the purposes of this subsection (7), if a district's funded pupil count |
---|
436 | | - | calculated pursuant to this subsection (7) for a budget year is fewer than |
---|
437 | | - | fifty pupils, the district's funded pupil count for the budget year is fifty |
---|
438 | | - | pupils. |
---|
439 | | - | (VII) For the 2019-20 budget year and each budget year thereafter, |
---|
440 | | - | solely for the purpose of averaging pupil enrollment pursuant to subsection |
---|
441 | | - | (7)(e)(I) of this section for a district that operates a full-day kindergarten |
---|
442 | | - | educational program, the department of education shall adjust the district's |
---|
443 | | - | pupil enrollments for the 2018-19, 2017-18, 2016-17, and 2015-16 budget |
---|
444 | | - | years by counting each pupil enrolled in a full-day kindergarten educational |
---|
445 | | - | program in one of those budget years as a full-time student. The adjustment |
---|
446 | | - | to pupil enrollment made pursuant to this subsection (7)(e)(VII) does not |
---|
447 | | - | affect or change the funded pupil count used to calculate a district's fiscal |
---|
448 | | - | year spending limitation pursuant to section 20 of article X of the state |
---|
449 | | - | constitution for a budget year commencing before July 1, 2019. |
---|
450 | | - | (f) (I) For budget years commencing on and after July 1, 2023, the |
---|
451 | | - | district's online pupil enrollment for the applicable budget year plus the |
---|
452 | | - | district's supplemental kindergarten enrollment for the applicable budget |
---|
453 | | - | year plus the district's extended high school pupil enrollment for the |
---|
454 | | - | applicable budget year, plus the greater of: |
---|
455 | | - | (A) The district's pupil enrollment for the applicable budget year; or |
---|
456 | | - | (B) The average of the district's pupil enrollment for the applicable |
---|
457 | | - | budget year and the district's pupil enrollment for the immediately |
---|
458 | | - | preceding budget year; or |
---|
459 | | - | (C) The average of the district's pupil enrollment for the applicable |
---|
460 | | - | budget year and the district's pupil enrollment for the two immediately |
---|
461 | | - | preceding budget years; or |
---|
462 | | - | (D) The average of the district's pupil enrollment for the applicable |
---|
463 | | - | budget year and the district's pupil enrollment for the three immediately |
---|
464 | | - | preceding budget years; or |
---|
465 | | - | (E) The average of the district's pupil enrollment for the applicable |
---|
466 | | - | PAGE 13-HOUSE BILL 24-1448 budget year and the district's pupil enrollment for the four immediately |
---|
467 | | - | preceding budget years. |
---|
468 | | - | (II) Notwithstanding any provision of law to the contrary, for |
---|
469 | | - | purposes of subsection (7)(f)(I) of this section, a district's funded pupil |
---|
470 | | - | count includes the certified pupil enrollment and online pupil enrollment of |
---|
471 | | - | each operating institute charter school for which the district is the |
---|
472 | | - | accounting district, as provided pursuant to subsections (7)(f)(II.5) and |
---|
473 | | - | (7)(f)(II.6) of this section. The department of education shall add the |
---|
474 | | - | institute charter school's certified pupil enrollment and online pupil |
---|
475 | | - | enrollment to the funded pupil count of the district prior to calculating the |
---|
476 | | - | district's total program pursuant to section 22-54-104. |
---|
477 | | - | (II.5) For purposes of subsection (7)(f)(II) of this section, each |
---|
478 | | - | operating institute charter school's certified pupil enrollment is the greater |
---|
479 | | - | of: |
---|
480 | | - | (A) The operating institute charter school's pupil enrollment for the |
---|
481 | | - | applicable budget year; |
---|
482 | | - | (B) The average of the operating institute charter school's pupil |
---|
483 | | - | enrollment for the applicable budget year and the operating institute charter |
---|
484 | | - | school's pupil enrollment for the immediately preceding budget year; |
---|
485 | | - | (C) The average of the operating institute charter school's pupil |
---|
486 | | - | enrollment for the applicable budget year and the operating institute charter |
---|
487 | | - | school's pupil enrollment for the two immediately preceding budget years; |
---|
488 | | - | (D) The average of the operating institute charter school's pupil |
---|
489 | | - | enrollment for the applicable budget year and the operating institute charter |
---|
490 | | - | school's pupil enrollment for the three immediately preceding budget years; |
---|
491 | | - | or |
---|
492 | | - | (E) The average of the operating institute charter school's pupil |
---|
493 | | - | enrollment for the applicable budget year and the operating institute charter |
---|
494 | | - | school's pupil enrollment for the four immediately preceding budget years. |
---|
495 | | - | (II.6) Notwithstanding any provision of law to the contrary, for |
---|
496 | | - | purposes of subsection (7)(f)(II.5) of this section, an operating institute |
---|
497 | | - | charter school's pupil enrollment includes its online pupil enrollment, |
---|
498 | | - | PAGE 14-HOUSE BILL 24-1448 except for multi-district online school pupil enrollment. |
---|
499 | | - | (III) The general assembly finds and declares that for the purposes |
---|
500 | | - | of section 17 of article IX of the state constitution, averaging a district's |
---|
501 | | - | pupil enrollment for the applicable budget year and the district's pupil |
---|
502 | | - | enrollment for the four immediately preceding budget years pursuant to |
---|
503 | | - | subsection (7)(f)(I)(E) of this section, and the averaging of an operating |
---|
504 | | - | institute charter school's pupil enrollment and online pupil enrollment |
---|
505 | | - | pursuant to subsections (7)(f)(II.5) and (7)(f)(II.6), is a program for |
---|
506 | | - | accountable education reform and may therefore receive funding from the |
---|
507 | | - | state education fund created in section 17 (4) of article IX of the state |
---|
508 | | - | constitution. |
---|
509 | | - | (IV) Notwithstanding any provision of law to the contrary, for the |
---|
510 | | - | 2010-11 budget year and each budget year thereafter, for the purposes of |
---|
511 | | - | this subsection (7)(f), a district's pupil enrollment for the applicable budget |
---|
512 | | - | year and a district's pupil enrollment for any preceding budget year do not |
---|
513 | | - | include any pupil who is or was enrolled in a charter school that was |
---|
514 | | - | originally authorized by the district but was subsequently converted, on or |
---|
515 | | - | after July 1, 2010, to an institute charter school or to a charter school of a |
---|
516 | | - | district contiguous to the originally authorizing district. |
---|
517 | | - | (V) Notwithstanding any provision of this subsection (7)(f) to the |
---|
518 | | - | contrary, for the 2013-14 budget year and each budget year thereafter, for |
---|
519 | | - | the purposes of this subsection (7), if a district's funded pupil count |
---|
520 | | - | calculated pursuant to this subsection (7) for a budget year is fewer than |
---|
521 | | - | fifty pupils, the district's funded pupil count for the budget year is fifty |
---|
522 | | - | pupils. |
---|
523 | | - | (VI) For the 2019-20 budget year and each budget year thereafter, |
---|
524 | | - | solely for the purpose of averaging pupil enrollment pursuant to subsection |
---|
525 | | - | (7)(f)(I) of this section for a district that operates a full-day kindergarten |
---|
526 | | - | educational program, the department of education shall adjust the district's |
---|
527 | | - | pupil enrollments for the 2018-19, 2017-18, 2016-17, and 2015-16 budget |
---|
528 | | - | years by counting each pupil enrolled in a full-day kindergarten educational |
---|
529 | | - | program in one of those budget years as a full-time student. The adjustment |
---|
530 | | - | to pupil enrollment made pursuant to this subsection (7)(f)(VI) does not |
---|
531 | | - | affect or change the funded pupil count used to calculate a district's fiscal |
---|
532 | | - | year spending limitation pursuant to section 20 of article X of the state |
---|
533 | | - | constitution for a budget year commencing before July 1, 2019. |
---|
534 | | - | PAGE 15-HOUSE BILL 24-1448 (8.5) (a) "Online pupil enrollment" means: |
---|
535 | | - | (II) For the 2008-09 budget year, and for budget years thereafter, |
---|
536 | | - | The number of pupils, on the pupil enrollment count day within the |
---|
537 | | - | applicable budget year, enrolled in, attending, and actively participating in |
---|
538 | | - | a multi-district online school, as defined in section 22-30.7-102 (6), created |
---|
539 | | - | pursuant to article 30.7 of this title |
---|
540 | | - | TITLE 22. |
---|
541 | | - | (b) For budget years beginning on or after July 1, 2004, A district's |
---|
542 | | - | online pupil enrollment shall include INCLUDES the certified online pupil |
---|
543 | | - | enrollment of each operating institute charter school for which the district |
---|
544 | | - | is the accounting district. The department of education shall add the |
---|
545 | | - | institute charter school's certified online pupil enrollment to the online pupil |
---|
546 | | - | enrollment of the district prior to calculating the district's total program. |
---|
547 | | - | pursuant to section 22-54-104. |
---|
548 | | - | (10) (a) (II) "Pupil enrollment" shall include INCLUDES: |
---|
549 | | - | (A) For the 2007-08 budget year, a pupil who was enrolled during |
---|
550 | | - | the 2001-02 school year in an online program authorized pursuant to section |
---|
551 | | - | 22-33-104.6, as it existed prior to July 1, 2007, and who is enrolled and |
---|
552 | | - | participates in any such online program on October 1 within the applicable |
---|
553 | | - | budget year or the school day nearest said date. |
---|
554 | | - | (B) For the 2008-09 budget year, and for budget years thereafter, A |
---|
555 | | - | pupil who is enrolled in, attending, and actively participating in a |
---|
556 | | - | single-district online program or online school operated pursuant to article |
---|
557 | | - | 30.7 of this title |
---|
558 | | - | TITLE 22. |
---|
559 | | - | (III.5) For the 2009-10 budget year and budget years thereafter, |
---|
560 | | - | "pupil enrollment" shall include "PUPIL ENROLLMENT" INCLUDES any |
---|
561 | | - | juvenile to whom the school district is providing educational services |
---|
562 | | - | pursuant to section 22-32-141 as of the pupil enrollment count day of the |
---|
563 | | - | applicable budget year. |
---|
564 | | - | (V) Notwithstanding the provisions of this paragraph (a), for the |
---|
565 | | - | 2008-09 budget year and each budget year thereafter, "pupil enrollment" |
---|
566 | | - | shall not "PUPIL ENROLLMENT" DOES NOT include a pupil who is placed in |
---|
567 | | - | a facility, as defined in section 22-2-402 (3), and is receiving services |
---|
568 | | - | through an approved facility school, as defined in section 22-2-402 (1). |
---|
569 | | - | PAGE 16-HOUSE BILL 24-1448 (b) (I) For budget years commencing before the 2019-20 budget |
---|
570 | | - | year, a pupil enrolled in a kindergarten educational program pursuant to |
---|
571 | | - | section 22-32-119 (1) is counted as not more than a half-day pupil. For the |
---|
572 | | - | 2019-20 budget year and each budget year thereafter, A pupil WHO IS |
---|
573 | | - | enrolled in a kindergarten educational program pursuant to section |
---|
574 | | - | 22-32-119 is counted as a full-time pupil, except as otherwise provided in |
---|
575 | | - | subsection (10)(e.5)(I) of this section. For the 2005-06 budget year and each |
---|
576 | | - | budget year thereafter, A district shall count and receive funding only for |
---|
577 | | - | pupils enrolled in a kindergarten educational program who are: |
---|
578 | | - | (d) (I) For budget years commencing prior to July 1, 2023, a three- |
---|
579 | | - | or four-year-old pupil with a disability receiving an educational program |
---|
580 | | - | under the "Exceptional Children's Educational Act", article 20 of this title, |
---|
581 | | - | shall be counted as a half-day pupil. |
---|
582 | | - | (II) Notwithstanding any provision of this subsection (10) to the |
---|
583 | | - | contrary, for budget years commencing on or after July 1, 2005, but prior |
---|
584 | | - | to July 1, 2023, a district may choose to determine the number of three- and |
---|
585 | | - | four-year-old pupils with disabilities enrolled and receiving educational |
---|
586 | | - | programs under the "Exceptional Children's Educational Act", article 20 of |
---|
587 | | - | this title 22, as of November 1 within the applicable budget year or the |
---|
588 | | - | school date nearest said date, rather than on the pupil enrollment count day, |
---|
589 | | - | as evidenced by the actual attendance of such pupils on November 1 or the |
---|
590 | | - | school date nearest said date. The "pupil enrollment" of the district must |
---|
591 | | - | include the number of pupils so enrolled who are counted as half-day |
---|
592 | | - | pupils. |
---|
593 | | - | (III) For the 2023-24 budget year and budget years thereafter, A |
---|
594 | | - | district shall not include a three- or four-year-old pupil with a disability who |
---|
595 | | - | is receiving an educational program under the "Exceptional Children's |
---|
596 | | - | Educational Act", article 20 of this title 22, but is not enrolled in |
---|
597 | | - | kindergarten, in the district's pupil enrollment, but shall certify to the |
---|
598 | | - | department the number of said |
---|
599 | | - | three- and four-year-old pupils with |
---|
600 | | - | disabilities who are receiving an educational program from the district for |
---|
601 | | - | purposes of receiving funding pursuant to part 1 of article 20 of this title 22. |
---|
602 | | - | (f) (I) For budget years commencing before July 1, 2023, in |
---|
603 | | - | certifying the district's pupil enrollment to the state board pursuant to the |
---|
604 | | - | provisions of section 22-54-112, the district shall specify the number of |
---|
605 | | - | pupils enrolled in kindergarten through twelfth grade, specifying those who |
---|
606 | | - | PAGE 17-HOUSE BILL 24-1448 are enrolled as full-time pupils and those who are enrolled as less than |
---|
607 | | - | full-time pupils; the number of expelled pupils receiving educational |
---|
608 | | - | services pursuant to section 22-33-203; the number of pupils enrolled in the |
---|
609 | | - | district's preschool program; the number of pupils receiving educational |
---|
610 | | - | programs under the "Exceptional Children's Educational Act", article 20 of |
---|
611 | | - | this title 22; the number of at-risk pupils; and the number of English |
---|
612 | | - | language learner pupils. |
---|
613 | | - | (II) For the 2023-24 budget year and each budget year thereafter, In |
---|
614 | | - | certifying the district's pupil enrollment to the state board pursuant to the |
---|
615 | | - | provisions of section 22-54-112, the district shall specify the number of |
---|
616 | | - | pupils enrolled in kindergarten through twelfth grade, specifying those who |
---|
617 | | - | are enrolled as full-time pupils and those who are enrolled as less than |
---|
618 | | - | full-time pupils; the number of expelled pupils receiving educational |
---|
619 | | - | services pursuant to section 22-33-203; the number of at-risk pupils; the |
---|
620 | | - | number of English language learner pupils; and the number of pupils |
---|
621 | | - | receiving educational programs under the "Exceptional Children's |
---|
622 | | - | Educational Act", article 20 of this title 22, who are enrolled in kindergarten |
---|
623 | | - | through twelfth grade. |
---|
624 | | - | (g) For the 2018-19 and 2019-20 budget years, a district may include |
---|
625 | | - | in its pupil enrollment pupils who are enrolled in a school that was |
---|
626 | | - | designated pursuant to section 22-35-103 (10) as an early college before |
---|
627 | | - | June 6, 2018, and who, after completing four years of high school, enroll for |
---|
628 | | - | the 2018-19 or 2019-20 budget years in postsecondary courses. |
---|
629 | | - | (h) (I) For the 2019-20 budget year and each budget year thereafter, |
---|
630 | | - | With regard to a pupil who is simultaneously enrolled in a district or |
---|
631 | | - | institute charter school and in one or more postsecondary courses, a district |
---|
632 | | - | or institute charter school must submit evidence of: |
---|
633 | | - | (10.5) (b) On or before July 1, 2012, |
---|
634 | | - | The state board shall |
---|
635 | | - | promulgate rules establishing the meaning of "major religious holiday" for |
---|
636 | | - | the purposes of this subsection (10.5). |
---|
637 | | - | (10.8) "S |
---|
638 | | - | PECIAL EDUCATION PUPILS" MEANS THE NUMBER OF |
---|
639 | | - | DISTRICT PUPILS WHO ARE CHILDREN WITH DISABILITIES |
---|
640 | | - | , AS DEFINED IN |
---|
641 | | - | SECTION |
---|
642 | | - | 22-20-103 (5). |
---|
643 | | - | (14) (a) "Statewide average percentage of at-risk pupils" means, for |
---|
644 | | - | PAGE 18-HOUSE BILL 24-1448 budget years commencing prior to July 1, 2023, the total number of at-risk |
---|
645 | | - | pupils in all districts, as determined in accordance with subsection (1.5) of |
---|
646 | | - | this section, divided by the pupil enrollment of all districts, as determined |
---|
647 | | - | in accordance with subsection (10) of this section; except that pupil |
---|
648 | | - | enrollment does not include the number of pupils enrolled in the Colorado |
---|
649 | | - | preschool program pursuant to article 28 of this title and the number of |
---|
650 | | - | three-year-old or four-year-old pupils with disabilities receiving educational |
---|
651 | | - | programs pursuant to article 20 of this title. |
---|
652 | | - | (b) "Statewide average percentage of at-risk pupils" means for the |
---|
653 | | - | 2023 budget year and each budget year thereafter, the total number of |
---|
654 | | - | at-risk pupils in all districts, as determined in accordance with subsection |
---|
655 | | - | (1.5) of this section, divided by the pupil enrollment of all districts, as |
---|
656 | | - | determined in accordance with subsection (10) of this section. |
---|
657 | | - | (15) "Supplemental kindergarten enrollment" means the number |
---|
658 | | - | calculated by subtracting five-tenths from the full-day kindergarten factor |
---|
659 | | - | for the applicable budget year and then multiplying that number by the |
---|
660 | | - | number of pupils in the district who are enrolled part-time in a kindergarten |
---|
661 | | - | educational program for the applicable budget year. For the purposes of this |
---|
662 | | - | subsection (15), the full-day kindergarten factor for the 2008-09 budget year |
---|
663 | | - | and each budget year thereafter is fifty-eight hundredths of a full-day pupil. |
---|
664 | | - | SECTION 4. In Colorado Revised Statutes, add 22-54-103.1 as |
---|
665 | | - | follows: |
---|
| 325 | + | (3) The general assembly hereby finds and declares that in23 |
---|
| 326 | + | enacting this article ARTICLE 54 it has adopted a formula for the support24 |
---|
| 327 | + | of schools; for the 1994-95 budget year and budget years thereafter;25 |
---|
| 328 | + | however, the adoption of such THE formula in no way represents IS a26 |
---|
| 329 | + | commitment on the part of the general assembly concerning the level of27 |
---|
| 330 | + | 1448 |
---|
| 331 | + | -8- total funding for schools. for the 1995-96 budget year or any budget year1 |
---|
| 332 | + | thereafter.2 |
---|
| 333 | + | (3) (4) (a) Nothing in this article shall be construed to THIS3 |
---|
| 334 | + | ARTICLE 54 DOES NOT prohibit local governments from cooperating with4 |
---|
| 335 | + | school districts through intergovernmental agreements to fund, construct,5 |
---|
| 336 | + | maintain, or manage capital construction projects or other facilities as set6 |
---|
| 337 | + | forth in section 22-45-103 (1)(c)(I)(A) or (1)(c)(I)(D), including, but not7 |
---|
| 338 | + | limited to, swimming pools, playgrounds, or ball fields, as long as IF8 |
---|
| 339 | + | funding for such THE projects is provided solely from a source of local9 |
---|
| 340 | + | government revenue that is otherwise authorized by law, except impact10 |
---|
| 341 | + | fees or other similar development charges or fees.11 |
---|
| 342 | + | (b) Notwithstanding any provision of paragraph (a) of this12 |
---|
| 343 | + | subsection (3) SUBSECTION (4)(a) OF THIS SECTION to the contrary,13 |
---|
| 344 | + | nothing in this subsection (3) shall be construed to THIS SUBSECTION (4)14 |
---|
| 345 | + | DOES NOT:15 |
---|
| 346 | + | (I) Limit or restrict a county's power to require the reservation or16 |
---|
| 347 | + | dedication of sites and land areas for schools or the payment of moneys17 |
---|
| 348 | + | MONEY in lieu thereof pursuant to section 30-28-133 (4)(a); C.R.S. or to18 |
---|
| 349 | + | limit a local government's ability to accept and expend impact fees or19 |
---|
| 350 | + | other similar development charges or fees contributed voluntarily on or20 |
---|
| 351 | + | before December 31, 1997, to fund the capital projects of school districts21 |
---|
| 352 | + | according to the terms of agreements voluntarily entered into on or before22 |
---|
| 353 | + | June 4, 1996, between all affected parties; AND23 |
---|
| 354 | + | (II) Repealed.24 |
---|
| 355 | + | (III) Grant authority to local governments to require the25 |
---|
| 356 | + | reservation or dedication of sites and land areas for schools or the26 |
---|
| 357 | + | payment of moneys in lieu thereof MONEY; however, the prohibition on27 |
---|
| 358 | + | 1448 |
---|
| 359 | + | -9- impact fees or other similar development charges or fees contained in this1 |
---|
| 360 | + | subsection (3) shall not be construed to SUBSECTION (4) DOES NOT restrict2 |
---|
| 361 | + | the authority of any local government to require the reservation or3 |
---|
| 362 | + | dedication of sites and land areas for schools or the payment of moneys4 |
---|
| 363 | + | in lieu thereof if such MONEY IF THE local government otherwise has such5 |
---|
| 364 | + | THE authority granted by law.6 |
---|
| 365 | + | (4) If the December 2015 revenue forecast prepared by the7 |
---|
| 366 | + | legislative council staff estimates that the amount of local property tax8 |
---|
| 367 | + | revenues that will be available to districts for the 2015-16 budget year9 |
---|
| 368 | + | will be greater than the amount estimated in the December 2014 revenue10 |
---|
| 369 | + | forecast, it is the intent of the general assembly, through the supplemental11 |
---|
| 370 | + | appropriations process during the 2016 regular legislative session, to12 |
---|
| 371 | + | maintain and not reduce state appropriations for school finance funding13 |
---|
| 372 | + | after consideration of other forecast changes, including changes in the14 |
---|
| 373 | + | number of pupils and at-risk pupils enrolled, the inflation rate, and the15 |
---|
| 374 | + | expected state education fund revenues.16 |
---|
| 375 | + | (5) (a) The general assembly finds that, due to the COVID-1917 |
---|
| 376 | + | pandemic beginning during the 2019-20 school year, Colorado's public18 |
---|
| 377 | + | education system has faced significant disruptions to the delivery of19 |
---|
| 378 | + | classroom instruction, student learning, and access to critically necessary20 |
---|
| 379 | + | nutritional, health, and social-emotional support services. Therefore, the21 |
---|
| 380 | + | general assembly finds that:22 |
---|
| 381 | + | (I) A world-class public education is critical to meeting the23 |
---|
| 382 | + | workforce demands for Colorado's economy;24 |
---|
| 383 | + | (II) The changing realities of Colorado's post-pandemic economy25 |
---|
| 384 | + | demand that students be agile learners able to continuously learn, adapt,26 |
---|
| 385 | + | and shift into new roles by developing critical thinking, collaboration, and27 |
---|
| 386 | + | 1448 |
---|
| 387 | + | -10- problem-solving skills; and1 |
---|
| 388 | + | (III) The needs of the state require that all students, including2 |
---|
| 389 | + | those who are underserved or face significant challenges in meeting3 |
---|
| 390 | + | Colorado's graduation guidelines, complete high school career and4 |
---|
| 391 | + | college ready.5 |
---|
| 392 | + | (b) To provide each child in this state with a high-quality public6 |
---|
| 393 | + | education, the general assembly declares that Colorado's public school7 |
---|
| 394 | + | finance formula must be redesigned and modernized to:8 |
---|
| 395 | + | (I) Prioritize equity, focusing on individual student needs by9 |
---|
| 396 | + | increasing the funding for students who are economically disadvantaged10 |
---|
| 397 | + | and students who are English language learners; and11 |
---|
| 398 | + | (II) Address the inequities in school district funding that arise12 |
---|
| 399 | + | from the dramatic differences in local property wealth and mill levy13 |
---|
| 400 | + | overrides.14 |
---|
| 401 | + | (c) Further, the general assembly declares that, because English15 |
---|
| 402 | + | language learner funding will now be included in the school finance16 |
---|
| 403 | + | formula, it is appropriate to fund this inclusion by redirecting to the state17 |
---|
| 404 | + | share of total program the amount previously appropriated for the18 |
---|
| 405 | + | professional development and student support program created in section19 |
---|
| 406 | + | 22-24-108. The general assembly further declares that the remaining costs20 |
---|
| 407 | + | of the school finance formula changes are offset by the savings to the21 |
---|
| 408 | + | state share of total program that occur as a result of correcting the22 |
---|
| 409 | + | unauthorized reductions in district property tax mill levies as provided in23 |
---|
| 410 | + | section 22-54-106 (2.1).24 |
---|
| 411 | + | SECTION 3. In Colorado Revised Statutes, 22-54-103, amend25 |
---|
| 412 | + | (1.3), (6), (6.5), (8.5)(a)(II), (8.5)(b), (10)(a)(II), (10)(a)(III.5), (10)(a)(V),26 |
---|
| 413 | + | (10)(b)(I) introductory portion, (10)(d), (10)(f), (10)(h)(I) introductory27 |
---|
| 414 | + | 1448 |
---|
| 415 | + | -11- portion, (10.5)(b), (14), and (15); repeal (1.5)(a)(V), (1.5)(b),1 |
---|
| 416 | + | (1.5)(c)(II)(A), (5.5)(a), (7), and (10)(g); and add (10.7) as follows:2 |
---|
| 417 | + | 22-54-103. Definitions. As used in this article 54, unless the3 |
---|
| 418 | + | context otherwise requires:4 |
---|
| 419 | + | (1.3) "Accounting district" means the school district within whose5 |
---|
| 420 | + | geographic boundaries an institute charter school is physically located.6 |
---|
| 421 | + | (1.5) (a) "At-risk pupils" means:7 |
---|
| 422 | + | (V) For the 2005-06 budget year through the 2020-21 budget year,8 |
---|
| 423 | + | the number of district pupils who are English language learners plus the9 |
---|
| 424 | + | greater of:10 |
---|
| 425 | + | (A) The number of district pupils eligible for free lunch; or11 |
---|
| 426 | + | (B) The number of pupils calculated in accordance with the12 |
---|
| 427 | + | following formula:13 |
---|
| 428 | + | District percentage of pupils eligible for free lunch x District pupil14 |
---|
| 429 | + | enrollment.15 |
---|
| 430 | + | (b) For purposes of subsection (1.5)(a)(V) of this section:16 |
---|
| 431 | + | (I) "District percentage of pupils eligible for free lunch" means the17 |
---|
| 432 | + | district pupils eligible for free lunch in grades one through eight divided18 |
---|
| 433 | + | by the district pupil enrollment in grades one through eight.19 |
---|
| 434 | + | (II) "District pupil enrollment" means the pupil enrollment of the20 |
---|
| 435 | + | district, as determined in accordance with subsection (10) of this section,21 |
---|
| 436 | + | minus the number of pupils enrolled in the Colorado preschool program22 |
---|
| 437 | + | pursuant to article 28 of this title 22 and the number of three-year-old or23 |
---|
| 438 | + | four-year-old pupils with disabilities receiving educational programs24 |
---|
| 439 | + | pursuant to article 20 of this title 22.25 |
---|
| 440 | + | (III) "District pupils eligible for free lunch" means the number of26 |
---|
| 441 | + | pupils included in the district pupil enrollment who are eligible for free27 |
---|
| 442 | + | 1448 |
---|
| 443 | + | -12- lunch pursuant to the provisions of the federal "Richard B. Russell1 |
---|
| 444 | + | National School Lunch Act", 42 U.S.C. sec. 1751 et seq.2 |
---|
| 445 | + | (IV) "District pupils who are English language learners" means3 |
---|
| 446 | + | the number of pupils included in the district pupil enrollment for the4 |
---|
| 447 | + | preceding budget year who were not eligible for free lunch pursuant to the5 |
---|
| 448 | + | provisions of the federal "Richard B. Russell National School Lunch6 |
---|
| 449 | + | Act", 42 U.S.C. sec. 1751 et seq., and who are English language learners,7 |
---|
| 450 | + | as defined in section 22-24-103 (4), and:8 |
---|
| 451 | + | (A) Whose scores were not included in calculating school9 |
---|
| 452 | + | academic performance grades as provided in section 22-7-1006.3; or10 |
---|
| 453 | + | (B) Who took an assessment administered pursuant to section11 |
---|
| 454 | + | 22-7-1006.3 in a language other than English.12 |
---|
| 455 | + | (c) For purposes of subsection (1.5)(a)(VI) of this section:13 |
---|
| 456 | + | (II) (A) "District pupil enrollment" means, for the 2021-22 and14 |
---|
| 457 | + | 2022-23 budget years, the pupil enrollment of the district, as determined15 |
---|
| 458 | + | in accordance with subsection (10) of this section, minus the number of16 |
---|
| 459 | + | pupils enrolled in the Colorado preschool program pursuant to article 2817 |
---|
| 460 | + | of this title 22 and the number of three-year-old or four-year-old pupils18 |
---|
| 461 | + | with disabilities receiving educational programs pursuant to article 20 of19 |
---|
| 462 | + | this title 22.20 |
---|
| 463 | + | (5.5) (a) "District percentage of at-risk pupils" means, for budget21 |
---|
| 464 | + | years commencing prior to July 1, 2023, the number of at-risk pupils in22 |
---|
| 465 | + | the district, as determined in accordance with subsection (1.5) of this23 |
---|
| 466 | + | section, divided by the pupil enrollment of the district, as determined in24 |
---|
| 467 | + | accordance with subsection (10) of this section; except that pupil25 |
---|
| 468 | + | enrollment does not include the number of pupils enrolled in the Colorado26 |
---|
| 469 | + | preschool program pursuant to article 28 of this title 22, as it exists prior27 |
---|
| 470 | + | 1448 |
---|
| 471 | + | -13- to July 1, 2023, and the number of three-year-old or four-year-old pupils1 |
---|
| 472 | + | with disabilities receiving educational programs pursuant to article 20 of2 |
---|
| 473 | + | this title 22.3 |
---|
| 474 | + | (6) "District's total program" means the funding for a district, as4 |
---|
| 475 | + | determined pursuant to section 22-54-104 or section 22-54-104.3,5 |
---|
| 476 | + | whichever is applicable, which represents the financial base of support for6 |
---|
| 477 | + | public education in that district. "DISTRICT TOTAL PROGRAM " OR7 |
---|
| 478 | + | " |
---|
| 479 | + | DISTRICT'S TOTAL PROGRAM " MEANS A DISTRICT 'S FUNDING, AS8 |
---|
| 480 | + | DETERMINED PURSUANT TO THIS ARTICLE 54, WHICH IS THE FINANCIAL9 |
---|
| 481 | + | BASE OF SUPPORT FOR PUBLIC EDUCATION IN THAT DISTRICT .10 |
---|
| 482 | + | (6.5) "English language learner pupils" means the number of11 |
---|
| 483 | + | district pupils who are English language learners, as defined in section12 |
---|
| 484 | + | 22-24-103 (4), and for whom the district received |
---|
| 485 | + | RECEIVES funding FOR13 |
---|
| 486 | + | THE APPLICABLE BUDGET YEAR pursuant to section 22-24-104 (3)(b)(I).14 |
---|
| 487 | + | (7) "Funded pupil count" means:15 |
---|
| 488 | + | (a) For budget years commencing prior to July 1, 2002, the greater16 |
---|
| 489 | + | of:17 |
---|
| 490 | + | (I) The district's pupil enrollment for the applicable budget year;18 |
---|
| 491 | + | or19 |
---|
| 492 | + | (II) The average of the district's pupil enrollment for the20 |
---|
| 493 | + | applicable budget year and the district's pupil enrollment for the21 |
---|
| 494 | + | immediately preceding budget year; or22 |
---|
| 495 | + | (III) The average of the district's pupil enrollment for the23 |
---|
| 496 | + | applicable budget year and the district's pupil enrollment for the two24 |
---|
| 497 | + | immediately preceding budget years; or25 |
---|
| 498 | + | (IV) The average of the district's pupil enrollment for the26 |
---|
| 499 | + | applicable budget year and the district's pupil enrollment for the three27 |
---|
| 500 | + | 1448 |
---|
| 501 | + | -14- immediately preceding budget years;1 |
---|
| 502 | + | (b) (I) For the budget year commencing on July 1, 2002, the2 |
---|
| 503 | + | district's online pupil enrollment for the applicable budget year plus the3 |
---|
| 504 | + | greater of:4 |
---|
| 505 | + | (A) The district's pupil enrollment for the applicable budget year;5 |
---|
| 506 | + | or6 |
---|
| 507 | + | (B) The average of the district's pupil enrollment for the7 |
---|
| 508 | + | applicable budget year and the district's pupil enrollment for the8 |
---|
| 509 | + | immediately preceding budget year; or9 |
---|
| 510 | + | (C) The average of the district's pupil enrollment for the10 |
---|
| 511 | + | applicable budget year and the district's pupil enrollment for the two11 |
---|
| 512 | + | immediately preceding budget years; or12 |
---|
| 513 | + | (D) The average of the district's pupil enrollment for the13 |
---|
| 514 | + | applicable budget year and the district's pupil enrollment for the three14 |
---|
| 515 | + | immediately preceding budget years.15 |
---|
| 516 | + | (II) Repealed.16 |
---|
| 517 | + | (c) (I) For budget years commencing on and after July 1, 2003, but17 |
---|
| 518 | + | prior to July 1, 2008, the district's online pupil enrollment for the18 |
---|
| 519 | + | applicable budget year plus the district's preschool and kindergarten19 |
---|
| 520 | + | program enrollment for the applicable budget year plus the greater of:20 |
---|
| 521 | + | (A) The district's pupil enrollment for the applicable budget year;21 |
---|
| 522 | + | or22 |
---|
| 523 | + | (B) The average of the district's pupil enrollment for the23 |
---|
| 524 | + | applicable budget year and the district's pupil enrollment for the24 |
---|
| 525 | + | immediately preceding budget year; or25 |
---|
| 526 | + | (C) The average of the district's pupil enrollment for the26 |
---|
| 527 | + | applicable budget year and the district's pupil enrollment for the two27 |
---|
| 528 | + | 1448 |
---|
| 529 | + | -15- immediately preceding budget years; or1 |
---|
| 530 | + | (D) The average of the district's pupil enrollment for the2 |
---|
| 531 | + | applicable budget year and the district's pupil enrollment for the three3 |
---|
| 532 | + | immediately preceding budget years.4 |
---|
| 533 | + | (II) and (III) Repealed.5 |
---|
| 534 | + | (IV) Notwithstanding any provision of law to the contrary, for6 |
---|
| 535 | + | purposes of subparagraph (I) of this paragraph (c) for budget years7 |
---|
| 536 | + | beginning on or after July 1, 2004, a district's funded pupil count shall8 |
---|
| 537 | + | include the certified pupil enrollment and online pupil enrollment of each9 |
---|
| 538 | + | operating institute charter school for which the district is the accounting10 |
---|
| 539 | + | district. The department of education shall add the institute charter11 |
---|
| 540 | + | school's certified pupil enrollment and online pupil enrollment to the12 |
---|
| 541 | + | funded pupil count of the district prior to calculating the district's total13 |
---|
| 542 | + | program pursuant to section 22-54-104.14 |
---|
| 543 | + | (d) (I) For budget years commencing on and after July 1, 2008,15 |
---|
| 544 | + | but prior to July 1, 2009, the district's online pupil enrollment for the16 |
---|
| 545 | + | applicable budget year plus the district's preschool program enrollment17 |
---|
| 546 | + | for the applicable budget year plus the district's supplemental18 |
---|
| 547 | + | kindergarten enrollment for the applicable budget year plus the greater of:19 |
---|
| 548 | + | (A) The district's pupil enrollment for the applicable budget year;20 |
---|
| 549 | + | or21 |
---|
| 550 | + | (B) The average of the district's pupil enrollment for the22 |
---|
| 551 | + | applicable budget year and the district's pupil enrollment for the23 |
---|
| 552 | + | immediately preceding budget year; or24 |
---|
| 553 | + | (C) The average of the district's pupil enrollment for the25 |
---|
| 554 | + | applicable budget year and the district's pupil enrollment for the two26 |
---|
| 555 | + | immediately preceding budget years; or27 |
---|
| 556 | + | 1448 |
---|
| 557 | + | -16- (D) The average of the district's pupil enrollment for the1 |
---|
| 558 | + | applicable budget year and the district's pupil enrollment for the three2 |
---|
| 559 | + | immediately preceding budget years; or3 |
---|
| 560 | + | (E) The average of the district's pupil enrollment for the4 |
---|
| 561 | + | applicable budget year and the district's pupil enrollment for the four5 |
---|
| 562 | + | immediately preceding budget years.6 |
---|
| 563 | + | (II) Notwithstanding any provision of law to the contrary, for7 |
---|
| 564 | + | purposes of subparagraph (I) of this paragraph (d), a district's funded8 |
---|
| 565 | + | pupil count shall include the certified pupil enrollment and online pupil9 |
---|
| 566 | + | enrollment of each operating institute charter school for which the district10 |
---|
| 567 | + | is the accounting district. The department of education shall add the11 |
---|
| 568 | + | institute charter school's certified pupil enrollment and online pupil12 |
---|
| 569 | + | enrollment to the funded pupil count of the district prior to calculating the13 |
---|
| 570 | + | district's total program pursuant to section 22-54-104.14 |
---|
| 571 | + | (III) Repealed.15 |
---|
| 572 | + | (IV) The general assembly hereby finds and declares that for the16 |
---|
| 573 | + | purposes of section 17 of article IX of the state constitution, averaging a17 |
---|
| 574 | + | district's pupil enrollment for the applicable budget year and the district's18 |
---|
| 575 | + | pupil enrollment for the four immediately preceding budget years19 |
---|
| 576 | + | pursuant to sub-subparagraph (E) of subparagraph (I) of this paragraph20 |
---|
| 577 | + | (d) is a program for accountable education reform and may therefore21 |
---|
| 578 | + | receive funding from the state education fund created in section 17 (4) of22 |
---|
| 579 | + | article IX of the state constitution.23 |
---|
| 580 | + | (e) (I) For budget years commencing on and after July 1, 2009, but24 |
---|
| 581 | + | prior to July 1, 2023, the district's online pupil enrollment for the25 |
---|
| 582 | + | applicable budget year plus the district's preschool program enrollment26 |
---|
| 583 | + | for the applicable budget year plus the district's supplemental27 |
---|
| 584 | + | 1448 |
---|
| 585 | + | -17- kindergarten enrollment for the applicable budget year plus the district's1 |
---|
| 586 | + | extended high school pupil enrollment for the applicable budget year, plus2 |
---|
| 587 | + | the greater of:3 |
---|
| 588 | + | (A) The district's pupil enrollment for the applicable budget year;4 |
---|
| 589 | + | or5 |
---|
| 590 | + | (B) The average of the district's pupil enrollment for the6 |
---|
| 591 | + | applicable budget year and the district's pupil enrollment for the7 |
---|
| 592 | + | immediately preceding budget year; or8 |
---|
| 593 | + | (C) The average of the district's pupil enrollment for the9 |
---|
| 594 | + | applicable budget year and the district's pupil enrollment for the two10 |
---|
| 595 | + | immediately preceding budget years; or11 |
---|
| 596 | + | (D) The average of the district's pupil enrollment for the12 |
---|
| 597 | + | applicable budget year and the district's pupil enrollment for the three13 |
---|
| 598 | + | immediately preceding budget years; or14 |
---|
| 599 | + | (E) The average of the district's pupil enrollment for the15 |
---|
| 600 | + | applicable budget year and the district's pupil enrollment for the four16 |
---|
| 601 | + | immediately preceding budget years.17 |
---|
| 602 | + | (II) Notwithstanding any provision of law to the contrary, for18 |
---|
| 603 | + | purposes of subparagraph (I) of this paragraph (e), a district's funded19 |
---|
| 604 | + | pupil count shall include the certified pupil enrollment and online pupil20 |
---|
| 605 | + | enrollment of each operating institute charter school for which the district21 |
---|
| 606 | + | is the accounting district. The department of education shall add the22 |
---|
| 607 | + | institute charter school's certified pupil enrollment and online pupil23 |
---|
| 608 | + | enrollment to the funded pupil count of the district prior to calculating the24 |
---|
| 609 | + | district's total program pursuant to section 22-54-104.25 |
---|
| 610 | + | (III) Repealed.26 |
---|
| 611 | + | (IV) The general assembly hereby finds and declares that for the27 |
---|
| 612 | + | 1448 |
---|
| 613 | + | -18- purposes of section 17 of article IX of the state constitution, averaging a1 |
---|
| 614 | + | district's pupil enrollment for the applicable budget year and the district's2 |
---|
| 615 | + | pupil enrollment for the four immediately preceding budget years3 |
---|
| 616 | + | pursuant to sub-subparagraph (E) of subparagraph (I) of this paragraph4 |
---|
| 617 | + | (e) is a program for accountable education reform and may therefore5 |
---|
| 618 | + | receive funding from the state education fund created in section 17 (4) of6 |
---|
| 619 | + | article IX of the state constitution.7 |
---|
| 620 | + | (V) Notwithstanding any provision of law to the contrary, for the8 |
---|
| 621 | + | 2010-11 budget year and each budget year thereafter, for the purposes of9 |
---|
| 622 | + | this paragraph (e), a district's pupil enrollment for the applicable budget10 |
---|
| 623 | + | year and a district's pupil enrollment for any preceding budget year shall11 |
---|
| 624 | + | not include any pupil who is or was enrolled in a charter school that was12 |
---|
| 625 | + | originally authorized by the district but was subsequently converted, on13 |
---|
| 626 | + | or after July 1, 2010, to an institute charter school or to a charter school14 |
---|
| 627 | + | of a district contiguous to the originally authorizing district.15 |
---|
| 628 | + | (VI) Notwithstanding any provision of this paragraph (e) to the16 |
---|
| 629 | + | contrary, for the 2013-14 budget year and each budget year thereafter, for17 |
---|
| 630 | + | the purposes of this subsection (7), if a district's funded pupil count18 |
---|
| 631 | + | calculated pursuant to this subsection (7) for a budget year is fewer than19 |
---|
| 632 | + | fifty pupils, the district's funded pupil count for the budget year is fifty20 |
---|
| 633 | + | pupils.21 |
---|
| 634 | + | (VII) For the 2019-20 budget year and each budget year22 |
---|
| 635 | + | thereafter, solely for the purpose of averaging pupil enrollment pursuant23 |
---|
| 636 | + | to subsection (7)(e)(I) of this section for a district that operates a full-day24 |
---|
| 637 | + | kindergarten educational program, the department of education shall25 |
---|
| 638 | + | adjust the district's pupil enrollments for the 2018-19, 2017-18, 2016-17,26 |
---|
| 639 | + | and 2015-16 budget years by counting each pupil enrolled in a full-day27 |
---|
| 640 | + | 1448 |
---|
| 641 | + | -19- kindergarten educational program in one of those budget years as a1 |
---|
| 642 | + | full-time student. The adjustment to pupil enrollment made pursuant to2 |
---|
| 643 | + | this subsection (7)(e)(VII) does not affect or change the funded pupil3 |
---|
| 644 | + | count used to calculate a district's fiscal year spending limitation pursuant4 |
---|
| 645 | + | to section 20 of article X of the state constitution for a budget year5 |
---|
| 646 | + | commencing before July 1, 2019.6 |
---|
| 647 | + | (f) (I) For budget years commencing on and after July 1, 2023, the7 |
---|
| 648 | + | district's online pupil enrollment for the applicable budget year plus the8 |
---|
| 649 | + | district's supplemental kindergarten enrollment for the applicable budget9 |
---|
| 650 | + | year plus the district's extended high school pupil enrollment for the10 |
---|
| 651 | + | applicable budget year, plus the greater of:11 |
---|
| 652 | + | (A) The district's pupil enrollment for the applicable budget year;12 |
---|
| 653 | + | or13 |
---|
| 654 | + | (B) The average of the district's pupil enrollment for the14 |
---|
| 655 | + | applicable budget year and the district's pupil enrollment for the15 |
---|
| 656 | + | immediately preceding budget year; or16 |
---|
| 657 | + | (C) The average of the district's pupil enrollment for the17 |
---|
| 658 | + | applicable budget year and the district's pupil enrollment for the two18 |
---|
| 659 | + | immediately preceding budget years; or19 |
---|
| 660 | + | (D) The average of the district's pupil enrollment for the20 |
---|
| 661 | + | applicable budget year and the district's pupil enrollment for the three21 |
---|
| 662 | + | immediately preceding budget years; or22 |
---|
| 663 | + | (E) The average of the district's pupil enrollment for the23 |
---|
| 664 | + | applicable budget year and the district's pupil enrollment for the four24 |
---|
| 665 | + | immediately preceding budget years.25 |
---|
| 666 | + | (II) Notwithstanding any provision of law to the contrary, for26 |
---|
| 667 | + | purposes of subsection (7)(f)(I) of this section, a district's funded pupil27 |
---|
| 668 | + | 1448 |
---|
| 669 | + | -20- count includes the certified pupil enrollment and online pupil enrollment1 |
---|
| 670 | + | of each operating institute charter school for which the district is the2 |
---|
| 671 | + | accounting district, as provided pursuant to subsections (7)(f)(II.5) and3 |
---|
| 672 | + | (7)(f)(II.6) of this section. The department of education shall add the4 |
---|
| 673 | + | institute charter school's certified pupil enrollment and online pupil5 |
---|
| 674 | + | enrollment to the funded pupil count of the district prior to calculating the6 |
---|
| 675 | + | district's total program pursuant to section 22-54-104.7 |
---|
| 676 | + | (II.5) For purposes of subsection (7)(f)(II) of this section, each8 |
---|
| 677 | + | operating institute charter school's certified pupil enrollment is the greater9 |
---|
| 678 | + | of:10 |
---|
| 679 | + | (A) The operating institute charter school's pupil enrollment for11 |
---|
| 680 | + | the applicable budget year;12 |
---|
| 681 | + | (B) The average of the operating institute charter school's pupil13 |
---|
| 682 | + | enrollment for the applicable budget year and the operating institute14 |
---|
| 683 | + | charter school's pupil enrollment for the immediately preceding budget15 |
---|
| 684 | + | year;16 |
---|
| 685 | + | (C) The average of the operating institute charter school's pupil17 |
---|
| 686 | + | enrollment for the applicable budget year and the operating institute18 |
---|
| 687 | + | charter school's pupil enrollment for the two immediately preceding19 |
---|
| 688 | + | budget years;20 |
---|
| 689 | + | (D) The average of the operating institute charter school's pupil21 |
---|
| 690 | + | enrollment for the applicable budget year and the operating institute22 |
---|
| 691 | + | charter school's pupil enrollment for the three immediately preceding23 |
---|
| 692 | + | budget years; or24 |
---|
| 693 | + | (E) The average of the operating institute charter school's pupil25 |
---|
| 694 | + | enrollment for the applicable budget year and the operating institute26 |
---|
| 695 | + | charter school's pupil enrollment for the four immediately preceding27 |
---|
| 696 | + | 1448 |
---|
| 697 | + | -21- budget years.1 |
---|
| 698 | + | (II.6) Notwithstanding any provision of law to the contrary, for2 |
---|
| 699 | + | purposes of subsection (7)(f)(II.5) of this section, an operating institute3 |
---|
| 700 | + | charter school's pupil enrollment includes its online pupil enrollment,4 |
---|
| 701 | + | except for multi-district online school pupil enrollment.5 |
---|
| 702 | + | (III) The general assembly finds and declares that for the purposes6 |
---|
| 703 | + | of section 17 of article IX of the state constitution, averaging a district's7 |
---|
| 704 | + | pupil enrollment for the applicable budget year and the district's pupil8 |
---|
| 705 | + | enrollment for the four immediately preceding budget years pursuant to9 |
---|
| 706 | + | subsection (7)(f)(I)(E) of this section, and the averaging of an operating10 |
---|
| 707 | + | institute charter school's pupil enrollment and online pupil enrollment11 |
---|
| 708 | + | pursuant to subsections (7)(f)(II.5) and (7)(f)(II.6), is a program for12 |
---|
| 709 | + | accountable education reform and may therefore receive funding from the13 |
---|
| 710 | + | state education fund created in section 17 (4) of article IX of the state14 |
---|
| 711 | + | constitution.15 |
---|
| 712 | + | (IV) Notwithstanding any provision of law to the contrary, for the16 |
---|
| 713 | + | 2010-11 budget year and each budget year thereafter, for the purposes of17 |
---|
| 714 | + | this subsection (7)(f), a district's pupil enrollment for the applicable18 |
---|
| 715 | + | budget year and a district's pupil enrollment for any preceding budget19 |
---|
| 716 | + | year do not include any pupil who is or was enrolled in a charter school20 |
---|
| 717 | + | that was originally authorized by the district but was subsequently21 |
---|
| 718 | + | converted, on or after July 1, 2010, to an institute charter school or to a22 |
---|
| 719 | + | charter school of a district contiguous to the originally authorizing23 |
---|
| 720 | + | district.24 |
---|
| 721 | + | (V) Notwithstanding any provision of this subsection (7)(f) to the25 |
---|
| 722 | + | contrary, for the 2013-14 budget year and each budget year thereafter, for26 |
---|
| 723 | + | the purposes of this subsection (7), if a district's funded pupil count27 |
---|
| 724 | + | 1448 |
---|
| 725 | + | -22- calculated pursuant to this subsection (7) for a budget year is fewer than1 |
---|
| 726 | + | fifty pupils, the district's funded pupil count for the budget year is fifty2 |
---|
| 727 | + | pupils.3 |
---|
| 728 | + | (VI) For the 2019-20 budget year and each budget year thereafter,4 |
---|
| 729 | + | solely for the purpose of averaging pupil enrollment pursuant to5 |
---|
| 730 | + | subsection (7)(f)(I) of this section for a district that operates a full-day6 |
---|
| 731 | + | kindergarten educational program, the department of education shall7 |
---|
| 732 | + | adjust the district's pupil enrollments for the 2018-19, 2017-18, 2016-17,8 |
---|
| 733 | + | and 2015-16 budget years by counting each pupil enrolled in a full-day9 |
---|
| 734 | + | kindergarten educational program in one of those budget years as a10 |
---|
| 735 | + | full-time student. The adjustment to pupil enrollment made pursuant to11 |
---|
| 736 | + | this subsection (7)(f)(VI) does not affect or change the funded pupil count12 |
---|
| 737 | + | used to calculate a district's fiscal year spending limitation pursuant to13 |
---|
| 738 | + | section 20 of article X of the state constitution for a budget year14 |
---|
| 739 | + | commencing before July 1, 2019.15 |
---|
| 740 | + | (8.5) (a) "Online pupil enrollment" means:16 |
---|
| 741 | + | (II) For the 2008-09 budget year, and for budget years thereafter,17 |
---|
| 742 | + | The number of pupils, on the pupil enrollment count day within the18 |
---|
| 743 | + | applicable budget year, enrolled in, attending, and actively participating19 |
---|
| 744 | + | in a multi-district online school, as defined in section 22-30.7-102 (6),20 |
---|
| 745 | + | created pursuant to article 30.7 of this title TITLE 22.21 |
---|
| 746 | + | (b) For budget years beginning on or after July 1, 2004, A22 |
---|
| 747 | + | district's online pupil enrollment shall include INCLUDES the certified23 |
---|
| 748 | + | online pupil enrollment of each operating institute charter school for24 |
---|
| 749 | + | which the district is the accounting district. The department of education25 |
---|
| 750 | + | shall add the institute charter school's certified online pupil enrollment to26 |
---|
| 751 | + | the online pupil enrollment of the district prior to calculating the district's27 |
---|
| 752 | + | 1448 |
---|
| 753 | + | -23- total program. pursuant to section 22-54-104.1 |
---|
| 754 | + | (10) (a) (II) "Pupil enrollment" shall include INCLUDES:2 |
---|
| 755 | + | (A) For the 2007-08 budget year, a pupil who was enrolled during3 |
---|
| 756 | + | the 2001-02 school year in an online program authorized pursuant to4 |
---|
| 757 | + | section 22-33-104.6, as it existed prior to July 1, 2007, and who is5 |
---|
| 758 | + | enrolled and participates in any such online program on October 1 within6 |
---|
| 759 | + | the applicable budget year or the school day nearest said date.7 |
---|
| 760 | + | (B) For the 2008-09 budget year, and for budget years thereafter,8 |
---|
| 761 | + | A pupil who is enrolled in, attending, and actively participating in a9 |
---|
| 762 | + | single-district online program or online school operated pursuant to10 |
---|
| 763 | + | article 30.7 of this title TITLE 22.11 |
---|
| 764 | + | (III.5) For the 2009-10 budget year and budget years thereafter,12 |
---|
| 765 | + | "pupil enrollment" shall include "PUPIL ENROLLMENT" INCLUDES any13 |
---|
| 766 | + | juvenile to whom the school district is providing educational services14 |
---|
| 767 | + | pursuant to section 22-32-141 as of the pupil enrollment count day of the15 |
---|
| 768 | + | applicable budget year.16 |
---|
| 769 | + | (V) Notwithstanding the provisions of this paragraph (a), for the17 |
---|
| 770 | + | 2008-09 budget year and each budget year thereafter, "pupil enrollment"18 |
---|
| 771 | + | shall not "PUPIL ENROLLMENT" DOES NOT include a pupil who is placed19 |
---|
| 772 | + | in a facility, as defined in section 22-2-402 (3), and is receiving services20 |
---|
| 773 | + | through an approved facility school, as defined in section 22-2-402 (1).21 |
---|
| 774 | + | (b) (I) For budget years commencing before the 2019-20 budget22 |
---|
| 775 | + | year, a pupil enrolled in a kindergarten educational program pursuant to23 |
---|
| 776 | + | section 22-32-119 (1) is counted as not more than a half-day pupil. For24 |
---|
| 777 | + | the 2019-20 budget year and each budget year thereafter, A pupil WHO IS25 |
---|
| 778 | + | enrolled in a kindergarten educational program pursuant to section26 |
---|
| 779 | + | 22-32-119 is counted as a full-time pupil, except as otherwise provided27 |
---|
| 780 | + | 1448 |
---|
| 781 | + | -24- in subsection (10)(e.5)(I) of this section. For the 2005-06 budget year and1 |
---|
| 782 | + | each budget year thereafter, A district shall count and receive funding2 |
---|
| 783 | + | only for pupils enrolled in a kindergarten educational program who are:3 |
---|
| 784 | + | (d) (I) For budget years commencing prior to July 1, 2023, a three-4 |
---|
| 785 | + | or four-year-old pupil with a disability receiving an educational program5 |
---|
| 786 | + | under the "Exceptional Children's Educational Act", article 20 of this title,6 |
---|
| 787 | + | shall be counted as a half-day pupil.7 |
---|
| 788 | + | (II) Notwithstanding any provision of this subsection (10) to the8 |
---|
| 789 | + | contrary, for budget years commencing on or after July 1, 2005, but prior9 |
---|
| 790 | + | to July 1, 2023, a district may choose to determine the number of three-10 |
---|
| 791 | + | and four-year-old pupils with disabilities enrolled and receiving11 |
---|
| 792 | + | educational programs under the "Exceptional Children's Educational12 |
---|
| 793 | + | Act", article 20 of this title 22, as of November 1 within the applicable13 |
---|
| 794 | + | budget year or the school date nearest said date, rather than on the pupil14 |
---|
| 795 | + | enrollment count day, as evidenced by the actual attendance of such15 |
---|
| 796 | + | pupils on November 1 or the school date nearest said date. The "pupil16 |
---|
| 797 | + | enrollment" of the district must include the number of pupils so enrolled17 |
---|
| 798 | + | who are counted as half-day pupils.18 |
---|
| 799 | + | (III) For the 2023-24 budget year and budget years thereafter, A19 |
---|
| 800 | + | district shall not include a three- or four-year-old pupil with a disability20 |
---|
| 801 | + | who is receiving an educational program under the "Exceptional21 |
---|
| 802 | + | Children's Educational Act", article 20 of this title 22, but is not enrolled22 |
---|
| 803 | + | in kindergarten, in the district's pupil enrollment, but shall certify to the23 |
---|
| 804 | + | department the number of said three- and four-year-old pupils with24 |
---|
| 805 | + | disabilities who are receiving an educational program from the district for25 |
---|
| 806 | + | purposes of receiving funding pursuant to part 1 of article 20 of this title26 |
---|
| 807 | + | 22.27 |
---|
| 808 | + | 1448 |
---|
| 809 | + | -25- (f) (I) For budget years commencing before July 1, 2023, in1 |
---|
| 810 | + | certifying the district's pupil enrollment to the state board pursuant to the2 |
---|
| 811 | + | provisions of section 22-54-112, the district shall specify the number of3 |
---|
| 812 | + | pupils enrolled in kindergarten through twelfth grade, specifying those4 |
---|
| 813 | + | who are enrolled as full-time pupils and those who are enrolled as less5 |
---|
| 814 | + | than full-time pupils; the number of expelled pupils receiving educational6 |
---|
| 815 | + | services pursuant to section 22-33-203; the number of pupils enrolled in7 |
---|
| 816 | + | the district's preschool program; the number of pupils receiving8 |
---|
| 817 | + | educational programs under the "Exceptional Children's Educational9 |
---|
| 818 | + | Act", article 20 of this title 22; the number of at-risk pupils; and the10 |
---|
| 819 | + | number of English language learner pupils.11 |
---|
| 820 | + | (II) For the 2023-24 budget year and each budget year thereafter,12 |
---|
| 821 | + | In certifying the district's pupil enrollment to the state board pursuant to13 |
---|
| 822 | + | the provisions of section 22-54-112, the district shall specify the number14 |
---|
| 823 | + | of pupils enrolled in kindergarten through twelfth grade, specifying those15 |
---|
| 824 | + | who are enrolled as full-time pupils and those who are enrolled as less16 |
---|
| 825 | + | than full-time pupils; the number of expelled pupils receiving educational17 |
---|
| 826 | + | services pursuant to section 22-33-203; the number of at-risk pupils; the18 |
---|
| 827 | + | number of English language learner pupils; and the number of pupils19 |
---|
| 828 | + | receiving educational programs under the "Exceptional Children's20 |
---|
| 829 | + | Educational Act", article 20 of this title 22, who are enrolled in21 |
---|
| 830 | + | kindergarten through twelfth grade.22 |
---|
| 831 | + | (g) For the 2018-19 and 2019-20 budget years, a district may23 |
---|
| 832 | + | include in its pupil enrollment pupils who are enrolled in a school that24 |
---|
| 833 | + | was designated pursuant to section 22-35-103 (10) as an early college25 |
---|
| 834 | + | before June 6, 2018, and who, after completing four years of high school,26 |
---|
| 835 | + | enroll for the 2018-19 or 2019-20 budget years in postsecondary courses.27 |
---|
| 836 | + | 1448 |
---|
| 837 | + | -26- (h) (I) For the 2019-20 budget year and each budget year1 |
---|
| 838 | + | thereafter, With regard to a pupil who is simultaneously enrolled in a2 |
---|
| 839 | + | district or institute charter school and in one or more postsecondary3 |
---|
| 840 | + | courses, a district or institute charter school must submit evidence of:4 |
---|
| 841 | + | (10.5) (b) On or before July 1, 2012, The state board shall5 |
---|
| 842 | + | promulgate rules establishing the meaning of "major religious holiday"6 |
---|
| 843 | + | for the purposes of this subsection (10.5).7 |
---|
| 844 | + | (10.7) "S |
---|
| 845 | + | PECIAL EDUCATION PUPILS" MEANS THE NUMBER OF8 |
---|
| 846 | + | DISTRICT PUPILS WHO ARE CHILDREN WITH DISABILITIES , AS DEFINED IN9 |
---|
| 847 | + | SECTION 22-20-103 (5).10 |
---|
| 848 | + | (14) (a) "Statewide average percentage of at-risk pupils" means, |
---|
| 849 | + | 11 |
---|
| 850 | + | for budget years commencing prior to July 1, 2023, the total number of12 |
---|
| 851 | + | at-risk pupils in all districts, as determined in accordance with subsection13 |
---|
| 852 | + | (1.5) of this section, divided by the pupil enrollment of all districts, as14 |
---|
| 853 | + | determined in accordance with subsection (10) of this section; except that15 |
---|
| 854 | + | pupil enrollment does not include the number of pupils enrolled in the16 |
---|
| 855 | + | Colorado preschool program pursuant to article 28 of this title and the17 |
---|
| 856 | + | number of three-year-old or four-year-old pupils with disabilities18 |
---|
| 857 | + | receiving educational programs pursuant to article 20 of this title.19 |
---|
| 858 | + | (b) "Statewide average percentage of at-risk pupils" means for the20 |
---|
| 859 | + | 2023 budget year and each budget year thereafter, the total number of21 |
---|
| 860 | + | at-risk pupils in all districts, as determined in accordance with subsection22 |
---|
| 861 | + | (1.5) of this section, divided by the pupil enrollment of all districts, as23 |
---|
| 862 | + | determined in accordance with subsection (10) of this section.24 |
---|
| 863 | + | (15) "Supplemental kindergarten enrollment" means the number25 |
---|
| 864 | + | calculated by subtracting five-tenths from the full-day kindergarten factor26 |
---|
| 865 | + | for the applicable budget year and then multiplying that number by the27 |
---|
| 866 | + | 1448 |
---|
| 867 | + | -27- number of pupils in the district who are enrolled part-time in a 1 |
---|
| 868 | + | kindergarten educational program for the applicable budget year. For the2 |
---|
| 869 | + | purposes of this subsection (15), the full-day kindergarten factor for the3 |
---|
| 870 | + | 2008-09 budget year and each budget year thereafter is fifty-eight4 |
---|
| 871 | + | hundredths of a full-day pupil.5 |
---|
| 872 | + | SECTION 4. In Colorado Revised Statutes, add 22-54-103.1 as6 |
---|
| 873 | + | follows:7 |
---|
667 | | - | OTWITHSTANDING ANY |
---|
668 | | - | PROVISION OF THIS ARTICLE |
---|
669 | | - | 54, THE DEPARTMENT OF EDUCATION, THE STATE |
---|
670 | | - | CHARTER SCHOOL INSTITUTE |
---|
671 | | - | , AND EACH SCHOOL DISTRICT AND PUBLIC |
---|
672 | | - | SCHOOL SHALL COMPLY WITH ALL FEDERAL AND STATE LAWS REGARDING |
---|
673 | | - | THE PROTECTION OF STUDENT DATA |
---|
674 | | - | , INCLUDING THE FEDERAL "FAMILY |
---|
675 | | - | EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974", 20 U.S.C. SEC. 1232g, |
---|
676 | | - | AS AMENDED, AND ALL REGULATIONS AND GUIDELINES ADOPTED PURSUANT |
---|
677 | | - | TO IT |
---|
678 | | - | , AND THE "STUDENT DATA TRANSPARENCY AND SECURITY ACT", |
---|
679 | | - | ARTICLE 16 OF THIS TITLE 22, AND ANY RULES PROMULGATED PURSUANT TO |
---|
680 | | - | IT |
---|
681 | | - | . AT A MINIMUM, THIS INCLUDES REDACTING INFORMATION AS REQUIRED |
---|
682 | | - | TO COMPLY WITH FEDERAL AND STATE LAWS REGARDING THE PROTECTION |
---|
683 | | - | OF STUDENT DATA IN PUBLISHED DOCUMENTS OR REPORTS REGARDING |
---|
684 | | - | FUNDING PURSUANT TO THIS ARTICLE |
---|
685 | | - | 54. |
---|
686 | | - | PAGE 19-HOUSE BILL 24-1448 SECTION 5. In Colorado Revised Statutes, add 22-54-103.2 as |
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687 | | - | follows: |
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688 | | - | 22-54-103.2. District total program formula report. |
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689 | | - | (1) B |
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690 | | - | EGINNING JANUARY 2026, AND EACH JANUARY THEREAFTER , THE |
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691 | | - | DEPARTMENT OF EDUCATION SHALL REPORT |
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692 | | - | , AT A MINIMUM , THE |
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693 | | - | INFORMATION DESCRIBED IN SUBSECTION |
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694 | | - | (2) OF THIS SECTION TO THE |
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695 | | - | EDUCATION COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE |
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696 | | - | SENATE |
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697 | | - | , OR THEIR SUCCESSOR COMMITTEES, AS PART OF THE "SMART ACT" |
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698 | | - | PRESENTATION REQUIRED PURSUANT TO PART 2 OF ARTICLE 7 OF TITLE 2. |
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699 | | - | (2) I |
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700 | | - | N ITS REPORT DESCRIBED PURSUANT TO SUBSECTION (1) OF THIS |
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701 | | - | SECTION |
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702 | | - | , THE DEPARTMENT OF EDUCATION SHALL REPORT , AT A MINIMUM, |
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703 | | - | DATA DEMONSTRATING : |
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| 875 | + | OTWITHSTANDING8 |
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| 876 | + | ANY PROVISION OF THIS ARTICLE 54, THE DEPARTMENT OF EDUCATION ,9 |
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| 877 | + | THE STATE CHARTER SCHOOL INSTITUTE, AND EACH SCHOOL DISTRICT AND10 |
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| 878 | + | PUBLIC SCHOOL SHALL COMPLY WITH ALL FEDERAL AND STATE LAWS11 |
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| 879 | + | REGARDING THE PROTECTION OF STUDENT DATA , INCLUDING THE FEDERAL12 |
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| 880 | + | "F |
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| 881 | + | AMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974", 20 U.S.C.13 |
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| 882 | + | SEC. 1232g, AS AMENDED, AND ALL REGULATIONS AND GUIDELINES14 |
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| 883 | + | ADOPTED PURSUANT TO IT, AND THE "STUDENT DATA TRANSPARENCY15 |
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| 884 | + | AND SECURITY ACT", ARTICLE 16 OF THIS TITLE 22, AND ANY RULES16 |
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| 885 | + | PROMULGATED PURSUANT TO IT . AT A MINIMUM, THIS INCLUDES17 |
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| 886 | + | REDACTING INFORMATION AS REQUIRED TO COMPLY WITH FEDERAL AND18 |
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| 887 | + | STATE LAWS REGARDING THE PROTECTION OF STUDENT DATA IN19 |
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| 888 | + | PUBLISHED DOCUMENTS OR REPORTS REGARDING FUNDING PURSUANT TO20 |
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| 889 | + | THIS ARTICLE 54.21 |
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| 890 | + | SECTION 5. In Colorado Revised Statutes, add 22-54-103.2 as22 |
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| 891 | + | follows:23 |
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| 892 | + | 22-54-103.2. District total program formula report.24 |
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| 893 | + | (1) BEGINNING JANUARY 2026, AND EACH JANUARY THEREAFTER, THE25 |
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| 894 | + | DEPARTMENT OF EDUCATION SHALL REPORT , AT A MINIMUM, THE26 |
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| 895 | + | INFORMATION DESCRIBED IN SUBSECTION (2) OF THIS SECTION TO THE27 |
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| 896 | + | 1448 |
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| 897 | + | -28- EDUCATION COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE1 |
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| 898 | + | SENATE, OR THEIR SUCCESSOR COMMITTEES , AS PART OF THE "SMART2 |
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| 899 | + | ACT" PRESENTATION REQUIRED PURSUANT TO PART 2 OF ARTICLE 7 OF3 |
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| 900 | + | TITLE 2.4 |
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| 901 | + | (2) IN ITS REPORT DESCRIBED PURSUANT TO SUBSECTION (1) OF5 |
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| 902 | + | THIS SECTION, THE DEPARTMENT OF EDUCATION SHALL REPORT , AT A6 |
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| 903 | + | MINIMUM, DATA DEMONSTRATING:7 |
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| 904 | + | (a) THE SUCCESSES AND CHALLENGES OF DETERMINING A8 |
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| 905 | + | DISTRICT'S TOTAL PROGRAM PURSUANT TO SECTION 22-54-103.3 FOR9 |
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| 906 | + | REPORTS CONCERNING THE 2025-26 BUDGET YEAR THROUGH THE 2029-3010 |
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| 907 | + | BUDGET YEAR, AND THE SUCCESSES AND CHALLENGES OF DETERMINING A11 |
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| 908 | + | DISTRICT'S TOTAL PROGRAM PURSUANT TO SECTION 22-54-103.5 FOR12 |
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| 909 | + | REPORTS CONCERNING THE 2030-31 BUDGET YEAR AND EACH BUDGET13 |
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| 910 | + | YEAR THEREAFTER;14 |
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| 911 | + | (b) HOW DISTRICT TOTAL PROGRAM, DETERMINED PURSUANT TO15 |
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| 912 | + | SECTION 22-54-103.3 FOR REPORTS CONCERNING THE 2025-26 BUDGET16 |
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| 913 | + | YEAR THROUGH THE 2029-30 BUDGET YEAR AND DETERMINED PURSUANT17 |
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| 914 | + | TO SECTION 22-54-103.5 FOR REPORTS CONCERNING THE 2030-31 BUDGET18 |
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| 915 | + | YEAR AND EACH BUDGET YEAR THEREAFTER, IS BEING USED AT THE19 |
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| 916 | + | SCHOOL LEVEL, INCLUDING TRADITIONAL PUBLIC SCHOOLS, DISTRICT20 |
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| 917 | + | CHARTER SCHOOLS, AND INSTITUTE CHARTER SCHOOLS, AND INFORMATION21 |
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| 918 | + | CURRENTLY REPORTED BY THE DEPARTMENT OF EDUCATION IN DISTRICT22 |
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| 919 | + | PERFORMANCE SNAPSHOTS ; AND23 |
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| 920 | + | (c) TRENDS AND CHALLENGES WITH DECLINING PUPIL24 |
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| 921 | + | ENROLLMENT, INFLUXES OF NEW ARRIVAL STUDENTS, AND STUDENTS WHO25 |
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| 922 | + | ENROLL IN OR DISENROLL FROM ANY PUBLIC SCHOOL, INCLUDING CHARTER26 |
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| 923 | + | SCHOOLS.27 |
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| 924 | + | 1448 |
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| 925 | + | -29- (3) AT A MINIMUM, THE DATA DESCRIBED IN SUBSECTION (2) OF1 |
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| 926 | + | THIS SECTION MUST INCLUDE:2 |
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| 927 | + | (a) THE STATEWIDE AVERAGE AMOUNT OF PER PUPIL REVENUE FOR3 |
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| 928 | + | AN AT-RISK PUPIL;4 |
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| 929 | + | (b) THE STATEWIDE AVERAGE AMOUNT OF PER PUPIL REVENUE FOR5 |
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| 930 | + | AN ENGLISH LANGUAGE LEARNER PUPIL ;6 |
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| 931 | + | (c) THE STATEWIDE AVERAGE AMOUNT OF PER PUPIL REVENUE FOR7 |
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| 932 | + | A SPECIAL EDUCATION PUPIL;8 |
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| 933 | + | (d) THE DISTRICT AVERAGE AMOUNT OF PER PUPIL REVENUE FOR9 |
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| 934 | + | AN AT-RISK PUPIL;10 |
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| 935 | + | (e) THE DISTRICT AVERAGE AMOUNT OF PER PUPIL REVENUE FOR11 |
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| 936 | + | AN ENGLISH LANGUAGE LEARNER PUPIL ;12 |
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| 937 | + | (f) THE DISTRICT AVERAGE AMOUNT OF PER PUPIL REVENUE FOR A13 |
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| 938 | + | SPECIAL EDUCATION PUPIL;14 |
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| 939 | + | (g) THE PER PUPIL REVENUE FOR EACH PUBLIC SCHOOL IN THE15 |
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| 940 | + | DISTRICT; AND16 |
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| 941 | + | (h) THE PROJECTED SHARE OF PER PUPIL REVENUE FOR EACH17 |
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| 942 | + | PUBLIC SCHOOL IN THE DISTRICT, BASED ON ENROLLMENT.18 |
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| 943 | + | (4) NOTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-13619 |
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| 944 | + | (11)(a)(I), THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS20 |
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| 945 | + | SECTION CONTINUES INDEFINITELY.21 |
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| 946 | + | SECTION 6. In Colorado Revised Statutes, add 22-54-103.3 as22 |
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| 947 | + | follows:23 |
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| 948 | + | 22-54-103.3. District total program - 2025-26 through 2029-3024 |
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| 949 | + | budget years - definitions - repeal. (1) (a) N OTWITHSTANDING ANY25 |
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| 950 | + | PROVISION OF LAW TO THE CONTRARY , FOR THE 2025-26 BUDGET YEAR26 |
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| 951 | + | THROUGH THE 2029-30 BUDGET YEAR, THE DEPARTMENT OF EDUCATION27 |
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| 952 | + | 1448 |
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| 953 | + | -30- SHALL DETERMINE EACH DISTRICT'S TOTAL PROGRAM PURSUANT TO THIS1 |
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| 954 | + | SECTION. THE DISTRICT'S TOTAL PROGRAM IS AVAILABLE TO THE DISTRICT2 |
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| 955 | + | TO FUND THE COSTS OF PROVIDING PUBLIC EDUCATION , AND, EXCEPT AS3 |
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| 956 | + | OTHERWISE PROVIDED IN SECTION 22-54-105, THE DISTRICT HAS THE4 |
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| 957 | + | DISCRETION TO DETERMINE THE AMOUNTS AND PURPOSES FOR BUDGETING5 |
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| 958 | + | AND EXPENDING ITS DISTRICT TOTAL PROGRAM MONEY .6 |
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| 959 | + | (b) N |
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| 960 | + | OTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION TO7 |
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| 961 | + | THE CONTRARY, IF A DISTRICT IS AN INSTITUTE CHARTER SCHOOL 'S8 |
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| 962 | + | ACCOUNTING DISTRICT , THEN THE DISTRICT TOTAL PROGRAM9 |
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| 963 | + | DETERMINATION PURSUANT TO THIS SECTION ALSO REPRESENTS THE10 |
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| 964 | + | INSTITUTE CHARTER SCHOOL'S FINANCIAL BASE OF SUPPORT FOR PUBLIC11 |
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| 965 | + | EDUCATION, EVEN THOUGH THE INSTITUTE CHARTER SCHOOL IS NOT THE12 |
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| 966 | + | DISTRICT'S SCHOOL. THE AMOUNT OF THE DISTRICT 'S STATE SHARE OF13 |
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| 967 | + | TOTAL PROGRAM THAT IS WITHHELD FROM THE DISTRICT AND PAID TO THE14 |
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| 968 | + | STATE CHARTER SCHOOL INSTITUTE PURSUANT TO SECTION 22-54-11515 |
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| 969 | + | (1.3) |
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| 970 | + | IS NOT AVAILABLE TO OR UNDER THE CONTROL OF THE DISTRICT BUT16 |
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| 971 | + | IS AVAILABLE TO AND UNDER THE CONTROL OF THE INSTITUTE CHARTER17 |
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| 972 | + | SCHOOL'S GOVERNING BOARD TO FUND THE COSTS OF PROVIDING PUBLIC18 |
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| 973 | + | EDUCATION TO STUDENTS ENROLLED IN THE INSTITUTE CHARTER SCHOOL .19 |
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| 974 | + | T |
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| 975 | + | HE INSTITUTE CHARTER SCHOOL HAS THE DISCRETION TO D ETERMINE THE20 |
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| 976 | + | AMOUNTS AND PURPOSES FOR BUDGETING AND EXPENDING ITS TOTAL21 |
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| 977 | + | PROGRAM MONEY.22 |
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| 978 | + | (c) AS USED IN THIS SECTION, "FOR THE 2025-26 BUDGET YEAR23 |
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| 979 | + | THROUGH THE 2029-30 BUDGET YEAR" MEANS THE 2025-26 BUDGET24 |
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| 980 | + | YEAR, THE 2026-27 BUDGET YEAR, THE 2027-28 BUDGET YEAR, THE25 |
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| 981 | + | 2028-29 BUDGET YEAR, AND THE 2029-30 BUDGET YEAR.26 |
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| 982 | + | (2) F |
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| 983 | + | OR THE 2025-26 BUDGET YEAR THROUGH THE 2029-3027 |
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| 984 | + | 1448 |
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| 985 | + | -31- BUDGET YEAR, THE DEPARTMENT OF EDUCATION SHALL CALCULATE EACH1 |
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| 986 | + | DISTRICT'S TOTAL PROGRAM PURSUANT TO SECTIONS 22-54-103.5 AND2 |
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| 987 | + | 22-54-104.3 |
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| 988 | + | (3) |
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| 989 | + | FOR THE 2025-26 BUDGET YEAR THROUGH THE 2029-304 |
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| 990 | + | BUDGET YEAR, A DISTRICT'S TOTAL PROGRAM IS |
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| 991 | + | THE GREATER OF THE5 |
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| 992 | + | DISTRICT'S TOTAL PROGRAM CALCULATION PURSUANT TO SECTION6 |
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| 993 | + | 22-54-104 PLUS ONE-HALF PERCENT OF THE DISTRICT'S TOTAL PROGRAM7 |
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| 994 | + | CALCULATION PURSUANT TO SECTION 22-54-104, OR:8 |
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| 995 | + | (a) F |
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| 996 | + | OR THE 2025-26 BUDGET YEAR, |
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| 997 | + | THE AMOUNT CALCULATED9 |
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| 998 | + | PURSUANT TO SECTION 22-54-104 PLUS AN AMOUNT EQUAL TO EIGHTEEN10 |
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| 999 | + | PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICT 'S TOTAL PROGRAM11 |
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| 1000 | + | CALCULATION PURSUANT TO SECTION 22-54-103.5 AND THE DISTRICT'S12 |
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| 1001 | + | TOTAL PROGRAM CALCULATION PURSUANT TO SECTION 22-54-104;13 |
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| 1002 | + | (b) F |
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| 1003 | + | OR THE 2026-27 BUDGET YEAR, |
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| 1004 | + | THE AMOUNT CALCULATED14 |
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| 1005 | + | PURSUANT TO SECTION 22-54-104 PLUS AN AMOUNT EQUAL TO15 |
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| 1006 | + | THIRTY-FOUR PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICT 'S16 |
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| 1007 | + | TOTAL PROGRAM CALCULATION PURSUANT TO SECTION 22-54-103.5 AND17 |
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| 1008 | + | THE DISTRICT'S TOTAL PROGRAM CALCULATION PURSUANT TO SECTION18 |
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| 1009 | + | 22-54-104;19 |
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| 1010 | + | (c) F |
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| 1011 | + | OR THE 2027-28 BUDGET YEAR, |
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| 1012 | + | THE AMOUNT CALCULATED20 |
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| 1013 | + | PURSUANT TO SECTION 22-54-104 PLUS AN AMOUNT EQUAL TO FIFTY21 |
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| 1014 | + | PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICT 'S TOTAL PROGRAM22 |
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| 1015 | + | CALCULATION PURSUANT TO SECTION 22-54-103.5 AND THE DISTRICT'S23 |
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| 1016 | + | TOTAL PROGRAM CALCULATION PURSUANT TO SECTION 22-54-104;24 |
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| 1017 | + | (d) F |
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| 1018 | + | OR THE 2028-29 BUDGET YEAR, |
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| 1019 | + | THE AMOUNT CALCULATED25 |
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| 1020 | + | PURSUANT TO SECTION 22-54-104 PLUS AN AMOUNT EQUAL TO SIXTY-SIX26 |
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| 1021 | + | PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICT 'S TOTAL PROGRAM27 |
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| 1022 | + | 1448 |
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| 1023 | + | -32- CALCULATION PURSUANT TO SECTION 22-54-103.5 AND THE DISTRICT'S1 |
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| 1024 | + | TOTAL PROGRAM CALCULATION PURSUANT TO SECTION 22-54-104; AND2 |
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| 1025 | + | (e) F |
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| 1026 | + | OR THE 2029-30 BUDGET YEAR, |
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| 1027 | + | THE AMOUNT CALCULATED3 |
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| 1028 | + | PURSUANT TO SECTION 22-54-104 PLUS AN AMOUNT EQUAL TO4 |
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| 1029 | + | EIGHTY-TWO PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICT 'S5 |
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| 1030 | + | TOTAL PROGRAM CALCULATION PURSUANT TO SECTION 22-54-103.5 AND6 |
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| 1031 | + | THE DISTRICT'S TOTAL PROGRAM CALCULATION PURSUANT TO SECTION7 |
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| 1032 | + | 22-54-104.8 |
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| 1033 | + | (4) F |
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| 1034 | + | OR THE 2024-25 BUDGET YEAR THROUGH THE 2029-309 |
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| 1035 | + | BUDGET YEAR, THE JOINT BUDGET COMMITTEE SHALL MONITOR THE FISCAL10 |
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| 1036 | + | IMPACT OF THE DISTRICT TOTAL PROGRAM DETERMINATIONS PURSUANT TO11 |
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| 1037 | + | THIS SECTION AND THE FISCAL IMPACT OF THE TRANSITION TO THE TOTAL12 |
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| 1038 | + | PROGRAM FORMULA PURSUANT TO SECTION 22-54-103.5. AT A MINIMUM,13 |
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| 1039 | + | THE JOINT BUDGET COMMITTEE SHALL CONSIDER IMMEDIATE AND14 |
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| 1040 | + | FORECASTED ECONOMIC CONDITIONS , THE IMPACT OR TREND OF THE15 |
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| 1041 | + | STATEWIDE TOTAL LOCAL SHARE OF TOTAL PROGRAM FUNDING , |
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| 1042 | + | THE16 |
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| 1043 | + | IMPACT OR TREND OF THE STATE EDUCATION FUND, AND ANY OTHER17 |
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| 1044 | + | DATA-DRIVEN CONSIDERATIONS NECESSARY TO ENSURE THE SUSTAINABLE18 |
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| 1045 | + | TRANSITION TO AND IMPLEMENTATION OF A NEW TOTAL PROGRAM19 |
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| 1046 | + | FORMULA. THE JOINT BUDGET COMMITTEE AND THE GENERAL ASSEMBLY20 |
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| 1047 | + | MAY TAKE ACTION NECESSARY TO ENSURE THE SUSTAINABLE TRANSITION21 |
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| 1048 | + | TO AND IMPLEMENTATION OF A NEW TOTAL PROGRAM FORMULA . 22 |
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| 1049 | + | ON OR AFTER JANUARY 1, 2025, WHEN THE DEPARTMENT OF EDUCATION23 |
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| 1050 | + | MAKES MID-YEAR ADJUSTMENTS, THE JOINT BUDGET COMMITTEE SHALL24 |
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| 1051 | + | DEVELOP A SUSTAINABILITY PLAN THAT MAKES FINDINGS AND25 |
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| 1052 | + | RECOMMENDATIONS REGARDING HOW THE GENERAL ASSEMBLY CAN26 |
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| 1053 | + | FULLY FUND TOTAL PROGRAM DETERMINATIONS PURSUANT TO SECTIONS27 |
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| 1054 | + | 1448 |
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| 1055 | + | -33- 22-54-103.3 AND 22-54-103.5. ON OR AFTER JANUARY 1, 2026, AND1 |
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| 1056 | + | ON OR AFTER JANUARY 1 EACH YEAR THEREAFTER, WHEN THE2 |
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| 1057 | + | DEPARTMENT OF EDUCATION MAKES MID-YEAR ADJUSTMENTS, THE JOINT3 |
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| 1058 | + | BUDGET COMMITTEE SHALL REVIEW THE SUSTAINABILITY PLAN AND4 |
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| 1059 | + | UPDATE IT AS NECESSARY.5 |
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| 1060 | + | (5) (a) AS USED IN THIS SUBSECTION (5), UNLESS THE CONTEXT6 |
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| 1061 | + | OTHERWISE REQUIRES:7 |
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| 1062 | + | (I) "ASSESSMENT YEAR" MEANS A BUDGET YEAR WHEN THE8 |
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| 1063 | + | LATTER HALF OF THE BUDGET YEAR OCCURS DURING AN EVEN-NUMBERED9 |
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| 1064 | + | CALENDAR YEAR.10 |
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| 1065 | + | (II) "INFLATION" MEANS, FOR ANY BUDGET YEAR, THE ANNUAL11 |
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| 1066 | + | PERCENTAGE CHANGE IN THE UNITED STATES DEPARTMENT OF LABOR12 |
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| 1067 | + | STATISTICS CONSUMER PRICE INDEX FOR DENVER-BOULDER, OR ITS13 |
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| 1068 | + | APPLICABLE SUCCESSOR INDEX, FOR ALL ITEMS PAID BY ALL URBAN14 |
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| 1069 | + | CONSUMERS FOR THE CALENDAR YEAR BEFORE THE APPLICABLE BUDGET15 |
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| 1070 | + | YEAR.16 |
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| 1071 | + | (III) "NON-ASSESSMENT YEAR" MEANS A BUDGET YEAR WHEN THE17 |
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| 1072 | + | LATTER HALF OF THE BUDGET YEAR OCCURS DURING AN ODD-NUMBERED18 |
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| 1073 | + | CALENDAR YEAR.19 |
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| 1074 | + | (b) (I) NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE 54,20 |
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| 1075 | + | FOR THE 2024-25 BUDGET YEAR THROUGH THE 2029-30 BUDGET YEARS,21 |
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| 1076 | + | IF THE JOINT BUDGET COMMITTEE DETERMINES THAT ANY ONE OF THE22 |
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| 1077 | + | CONDITIONS DESCRIBED IN SUBSECTION (5)(c) OF THIS SECTION23 |
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| 1078 | + | OCCURRED:24 |
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| 1079 | + | (A) FOR THE NEXT BUDGET YEAR, AND FOR EACH BUDGET YEAR25 |
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| 1080 | + | THEREAFTER, THE DEPARTMENT OF EDUCATION SHALL CALCULATE AND26 |
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| 1081 | + | DETERMINE EACH DISTRICT'S TOTAL PROGRAM PURSUANT TO THE27 |
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| 1082 | + | 1448 |
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| 1083 | + | -34- CALCULATION AND DETERMINATION REQUIRED FOR THE BUDGET YEAR1 |
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| 1084 | + | WHEN THE CONDITION DESCRIBED IN SUBSECTION (5)(c) OF THIS SECTION2 |
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| 1085 | + | OCCURRED; AND3 |
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| 1086 | + | (B) THE JOINT BUDGET COMMITTEE SHALL PROMPTLY NOTIFY THE4 |
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| 1087 | + | SPEAKER OF THE HOUSE OF REPRESENTATIVES; THE PRESIDENT OF THE5 |
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| 1088 | + | SENATE; THE MINORITY LEADERS OF THE HOUSE OF REPRESENTATIVES AND6 |
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| 1089 | + | THE SENATE; THE EDUCATION COMMITTEES OF THE HOUSE OF7 |
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| 1090 | + | REPRESENTATIVES AND THE SENATE , OR ANY SUCCESSOR COMMITTEES;8 |
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| 1091 | + | AND THE COMMISSIONER OF THE DEPARTMENT OF EDUCATION THAT THE9 |
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| 1092 | + | CONDITION DESCRIBED IN SUBSECTION (5)(c) OF THIS SECTION OCCURRED,10 |
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| 1093 | + | AND THAT EACH DISTRICT'S TOTAL PROGRAM WILL BE CALCULATED AND11 |
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| 1094 | + | DETERMINED PURSUANT TO SUBSECTION (5)(b)(I) OF THIS SECTION FOR12 |
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| 1095 | + | THE NEXT BUDGET YEAR, AND FOR EACH BUDGET YEAR THEREAFTER .13 |
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| 1096 | + | (II) NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE 54,14 |
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| 1097 | + | DURING THE 2024-25 BUDGET YEAR, IF THE JOINT BUDGET COMMITTEE15 |
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| 1098 | + | DETERMINES THAT ANY ONE OF THE CONDITIONS DESCRIBED IN16 |
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| 1099 | + | SUBSECTION (5)(c) OF THIS SECTION OCCURRED, FOR THE 2025-26 BUDGET17 |
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| 1100 | + | YEAR, THE DEPARTMENT OF EDUCATION SHALL CALCULATE AND18 |
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| 1101 | + | DETERMINE EACH DISTRICT'S TOTAL PROGRAM PURSUANT TO THE19 |
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| 1102 | + | CALCULATION AND DETERMINATION REQUIRED PURSUANT TO SECTION20 |
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| 1103 | + | 22-54-104.21 |
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| 1104 | + | (c) (I) THE REQUIREMENTS DESCRIBED IN SUBSECTION (5)(b) OF22 |
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| 1105 | + | THIS SECTION ARE INITIATED IF:23 |
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| 1106 | + | (A) IN AN ASSESSMENT YEAR , THE PERCENT CHANGE IN THE24 |
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| 1107 | + | STATEWIDE TOTAL LOCAL SHARE OF TOTAL PROGRAM FUNDING FOR THE25 |
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| 1108 | + | CURRENT BUDGET YEAR TO THE STATEWIDE TOTAL LOCAL SHARE OF THE26 |
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| 1109 | + | TOTAL PROGRAM FUNDING FOR THE PRIOR BUDGET YEAR IS AN AMOUNT27 |
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| 1110 | + | 1448 |
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| 1111 | + | -35- THAT IS LESS THAN INFLATION MINUS TWO PERCENT ;1 |
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| 1112 | + | (B) IN A NON-ASSESSMENT YEAR, THE STATEWIDE TOTAL LOCAL2 |
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| 1113 | + | SHARE OF TOTAL PROGRAM FUNDING FOR THE CURRENT BUDGET YEAR3 |
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| 1114 | + | COMPARED TO THE STATEWIDE TOTAL LOCAL SHARE OF THE TOTAL4 |
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| 1115 | + | PROGRAM FUNDING FOR THE PRIOR BUDGET YEAR IS AN AMOUNT THAT5 |
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| 1116 | + | DECREASED BY TWO PERCENT OR MORE ; OR6 |
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| 1117 | + | (C) IN EITHER AN ASSESSMENT YEAR OR A NON-ASSESSMENT YEAR,7 |
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| 1118 | + | THE MARCH REVENUE FORECAST RELIED ON BY THE GENERAL ASSEMBLY8 |
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| 1119 | + | IN SETTING THE BUDGET FOR THE NEXT STATE FISCAL YEAR ESTIMATES9 |
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| 1120 | + | THAT THE INCOME TAX DIVERSION TO THE STATE EDUCATION FUND, AS10 |
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| 1121 | + | REQUIRED PURSUANT TO SECTION 17 OF ARTICLE IX OF THE STATE11 |
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| 1122 | + | CONSTITUTION, WILL DECREASE BY FIVE PERCENT OR MORE IN EITHER THE12 |
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| 1123 | + | CURRENT BUDGET YEAR OR THE NEXT BUDGET YEAR .13 |
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| 1124 | + | (II) THE REQUIREMENTS DESCRIBED IN SUBSECTION (5)(b) OF THIS14 |
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| 1125 | + | SECTION ARE INITIATED IF ANY OF THE FOLLOWING ESTIMATE THAT THE15 |
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| 1126 | + | CONDITIONS DESCRIBED IN SUBSECTION (5)(c)(I)(A) OR (5)(c)(I)(B) OF16 |
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| 1127 | + | THIS SECTION WILL OCCUR:17 |
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| 1128 | + | (A) INFORMATION CONCERNING LOCAL SHARE OF TOTAL PROGRAM18 |
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| 1129 | + | FUNDING RELEVANT TO THIS ARTICLE 54 CONTAINED IN A DECEMBER19 |
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| 1130 | + | REVENUE FORECAST PREPARED BY THE LEGISLATIVE COUNCIL STAFF ;20 |
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| 1131 | + | (B) INFORMATION CONTAINED IN THE FINAL FISCAL NOTE21 |
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| 1132 | + | PREPARED BY THE LEGISLATIVE COUNCIL STAFF CONCERNING THE22 |
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| 1133 | + | ESTIMATED IMPACT OF AN ACT OF THE GENERAL ASSEMBLY THAT BECOMES23 |
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| 1134 | + | LAW THAT REDUCES PROPERTY TAXES ; OR24 |
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| 1135 | + | (C) INFORMATION CONTAINED IN THE FISCAL IMPACT STATEMENT25 |
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| 1136 | + | IN THE BALLOT INFORMATION BOOKLET PREPARED BY THE DIRECTOR OF26 |
---|
| 1137 | + | RESEARCH OF THE LEGISLATIVE COUNCIL OF THE GENERAL ASSEMBLY27 |
---|
| 1138 | + | 1448 |
---|
| 1139 | + | -36- PURSUANT TO SECTION 1-40-124.5, CONCERNING THE ESTIMATED IMPACT1 |
---|
| 1140 | + | OF AN INITIATIVE OR REFERRED MEASURE THAT IS APPROVED BY THE2 |
---|
| 1141 | + | PEOPLE AND BECOMES LAW UPON OFFICIAL DECLARATION OF THE VOTE BY3 |
---|
| 1142 | + | THE GOVERNOR, THAT REDUCES PROPERTY TAXES .4 |
---|
| 1143 | + | (6) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2031.5 |
---|
| 1144 | + | SECTION 7. In Colorado Revised Statutes, add 22-54-103.5 as6 |
---|
| 1145 | + | follows:7 |
---|
| 1146 | + | 22-54-103.5. District total program - rules - legislative8 |
---|
| 1147 | + | declaration - repeal. (1) (a) F |
---|
| 1148 | + | OR THE 2030-31 BUDGET YEAR AND EACH9 |
---|
| 1149 | + | BUDGET YEAR THEREAFTER , THE DEPARTMENT OF EDUCATION SHALL USE10 |
---|
| 1150 | + | THIS SECTION TO DETERMINE EACH DISTRICT 'S TOTAL PROGRAM. THE11 |
---|
| 1151 | + | DISTRICT'S TOTAL PROGRAM IS AVAILABLE TO THE DISTRICT TO FUND THE12 |
---|
| 1152 | + | COSTS OF PROVIDING PUBLIC EDUCATION , AND, EXCEPT AS OTHERWISE13 |
---|
| 1153 | + | PROVIDED IN SECTION 22-54-105, THE DISTRICT HAS THE DISCRETION TO14 |
---|
| 1154 | + | DETERMINE THE AM OUNTS AND PURPOSES FOR BUDGETING AND15 |
---|
| 1155 | + | EXPENDING ITS DISTRICT TOTAL PROGRAM MONEY .16 |
---|
| 1156 | + | (b) N |
---|
| 1157 | + | OTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION TO17 |
---|
| 1158 | + | THE CONTRARY, IF A DISTRICT IS AN INSTITUTE CHARTER SCHOOL 'S18 |
---|
| 1159 | + | ACCOUNTING DISTRICT , THEN THE DISTRICT TOTAL PROGRAM19 |
---|
| 1160 | + | DETERMINATION PURSUANT TO THIS SECTION ALSO REPRESENTS THE20 |
---|
| 1161 | + | INSTITUTE CHARTER SCHOOL'S FINANCIAL BASE OF SUPPORT FOR PUBLIC21 |
---|
| 1162 | + | EDUCATION, EVEN THOUGH THE INSTITUTE CHARTER SCHOOL IS NOT THE22 |
---|
| 1163 | + | DISTRICT'S SCHOOL. THE AMOUNT OF THE DISTRICT 'S STATE SHARE OF23 |
---|
| 1164 | + | TOTAL PROGRAM THAT IS WITHHELD FROM THE DISTRICT AND PAID TO THE24 |
---|
| 1165 | + | STATE CHARTER SCHOOL INSTITUTE PURSUANT TO SECTION 22-54-11525 |
---|
| 1166 | + | (1.3) |
---|
| 1167 | + | IS NOT AVAILABLE TO OR UNDER THE CONTROL OF THE DISTRICT BUT26 |
---|
| 1168 | + | IS AVAILABLE TO AND UNDER THE CONTROL OF THE INSTITUTE CHARTER27 |
---|
| 1169 | + | 1448 |
---|
| 1170 | + | -37- SCHOOL'S GOVERNING BOARD TO FUND THE COSTS OF PROVIDING PUBLIC1 |
---|
| 1171 | + | EDUCATION TO STUDENTS ENROLLED IN THE INSTITUTE CHARTER SCHOOL .2 |
---|
| 1172 | + | T |
---|
| 1173 | + | HE INSTITUTE CHARTER SCHOOL HAS THE DISCRETION TO D ETERMINE THE3 |
---|
| 1174 | + | AMOUNTS AND PURPOSES FOR BUDGETING AND EXPENDING ITS TOTAL4 |
---|
| 1175 | + | PROGRAM MONEY.5 |
---|
| 1176 | + | (c) (I) N |
---|
| 1177 | + | OTWITHSTANDING ANY PROVISION OF LAW TO THE6 |
---|
| 1178 | + | CONTRARY, FOR THE 2025-26 BUDGET YEAR THROUGH THE 2029-307 |
---|
| 1179 | + | BUDGET YEAR, THE DEPARTMENT OF EDUCATION SHALL CALCULATE EACH8 |
---|
| 1180 | + | DISTRICT'S TOTAL PROGRAM PURSUANT TO THIS SECTION FOR THE PURPOSE9 |
---|
| 1181 | + | OF DETERMINING EACH DISTRICT'S TOTAL PROGRAM PURSUANT TO SECTION10 |
---|
| 1182 | + | 22-54-103.3. |
---|
| 1183 | + | THE DISTRICT'S TOTAL PROGRAM IS AVAILABLE TO THE11 |
---|
| 1184 | + | DISTRICT TO FUND THE COSTS OF PROVIDING PUBLIC EDUCATION , AND,12 |
---|
| 1185 | + | EXCEPT AS OTHERWISE PROVIDED IN SECTION 22-54-105, THE DISTRICT13 |
---|
| 1186 | + | HAS THE DISCRETION TO DETERMINE THE AMOUNTS AND PURPOSES FOR14 |
---|
| 1187 | + | BUDGETING AND EXPENDING ITS DISTRICT TOTAL PROGRAM MONEY .15 |
---|
| 1188 | + | (II) N |
---|
| 1189 | + | OTWITHSTANDING SUBSECTION (1)(c)(I) OF THIS SECTION TO16 |
---|
| 1190 | + | THE CONTRARY, IF A DISTRICT IS AN INSTITUTE CHARTER SCHOOL 'S17 |
---|
| 1191 | + | ACCOUNTING DISTRICT , THEN THE DISTRICT TOTAL PROGRAM18 |
---|
| 1192 | + | CALCULATION PURSUANT TO THIS SECTION ALSO REPRESENTS THE19 |
---|
| 1193 | + | INSTITUTE CHARTER SCHOOL'S FINANCIAL BASE OF SUPPORT FOR PUBLIC20 |
---|
| 1194 | + | EDUCATION, EVEN THOUGH THE INSTITUTE CHARTER SCHOOL IS NOT THE21 |
---|
| 1195 | + | DISTRICT'S SCHOOL. THE AMOUNT OF THE DISTRICT 'S STATE SHARE OF22 |
---|
| 1196 | + | TOTAL PROGRAM THAT IS WITHHELD FROM THE DISTRICT AND PAID TO THE23 |
---|
| 1197 | + | STATE CHARTER SCHOOL INSTITUTE PURSUANT TO SECTION 22-54-11524 |
---|
| 1198 | + | (1.3) |
---|
| 1199 | + | IS NOT AVAILABLE TO OR UNDER THE CONTROL OF THE DISTRICT BUT25 |
---|
| 1200 | + | IS AVAILABLE TO AND UNDER THE CONTROL OF THE INSTITUTE CHARTER26 |
---|
| 1201 | + | SCHOOL'S GOVERNING BOARD TO FUND THE COSTS OF PROVIDING PUBLIC27 |
---|
| 1202 | + | 1448 |
---|
| 1203 | + | -38- EDUCATION TO STUDENTS ENROLLED IN THE INSTITUTE CHARTER SCHOOL .1 |
---|
| 1204 | + | T |
---|
| 1205 | + | HE INSTITUTE CHARTER SCHOOL HAS THE DISCRETION TO D ETERMINE THE2 |
---|
| 1206 | + | AMOUNTS AND PURPOSES FOR BUDGETING AND EXPENDING ITS TOTAL3 |
---|
| 1207 | + | PROGRAM MONEY.4 |
---|
| 1208 | + | (III) T |
---|
| 1209 | + | HIS SUBSECTION (1)(c) IS REPEALED, EFFECTIVE JULY 1,5 |
---|
| 1210 | + | 2031.6 |
---|
| 1211 | + | (2) District total program formula. A |
---|
| 1212 | + | DISTRICT'S TOTAL7 |
---|
| 1213 | + | PROGRAM IS:8 |
---|
| 1214 | + | D |
---|
| 1215 | + | ISTRICT FOUNDATION FUNDING9 |
---|
| 1216 | + | + |
---|
| 1217 | + | DISTRICT AT-RISK FUNDING10 |
---|
| 1218 | + | + |
---|
| 1219 | + | DISTRICT ENGLISH LANGUAGE LEARNER FUNDING11 |
---|
| 1220 | + | + |
---|
| 1221 | + | DISTRICT SPECIAL EDUCATION FUNDING12 |
---|
| 1222 | + | + |
---|
| 1223 | + | DISTRICT COST OF LIVING FACTOR FUNDING13 |
---|
| 1224 | + | + |
---|
| 1225 | + | DISTRICT LOCALE FACTOR FUNDING14 |
---|
| 1226 | + | + |
---|
| 1227 | + | DISTRICT SIZE FACTOR FUNDING15 |
---|
| 1228 | + | + |
---|
| 1229 | + | DISTRICT EXTENDED HIGH SCHOOL FUNDING16 |
---|
| 1230 | + | + |
---|
| 1231 | + | DISTRICT ONLINE FUNDING.17 |
---|
| 1232 | + | (3) Statewide base per pupil funding. (Reserved)18 |
---|
| 1233 | + | (4) Funded pupil count. F |
---|
| 1234 | + | UNDED PUPIL COUNT IS:19 |
---|
755 | | - | HE DISTRICT AVERAGE AMOUNT OF PER PUPIL REVENUE FOR AN |
---|
756 | | - | AT |
---|
757 | | - | -RISK PUPIL; |
---|
| 1289 | + | HE AVERAGE OF THE OPERATING INSTITUTE CHARTER6 |
---|
| 1290 | + | SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND7 |
---|
| 1291 | + | THE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR8 |
---|
| 1292 | + | THE THREE IMMEDIATELY PRECEDING BUDGET YEARS .9 |
---|
| 1293 | + | (III) N |
---|
| 1294 | + | OTWITHSTANDING ANY PROVISION OF LAW TO THE10 |
---|
| 1295 | + | CONTRARY, FOR PURPOSES OF SUBSECTION (4)(b)(II) OF THIS SECTION, AN11 |
---|
| 1296 | + | OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT INCLUDES12 |
---|
| 1297 | + | ITS ONLINE STUDENT ENROLLMENT , EXCEPT FOR MULTI-DISTRICT ONLINE13 |
---|
| 1298 | + | SCHOOL STUDENT ENROLLMENT .14 |
---|
| 1299 | + | (c) T |
---|
| 1300 | + | HE GENERAL ASSEMBLY FINDS AND DECLARES THAT FOR THE15 |
---|
| 1301 | + | PURPOSES OF SECTION 17 OF ARTICLE IX OF THE STATE CONSTITUTION,16 |
---|
| 1302 | + | AVERAGING A DISTRICT'S PUPIL ENROLLMENT FOR THE APPLICABLE17 |
---|
| 1303 | + | BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR THE THREE18 |
---|
| 1304 | + | IMMEDIATELY PRECEDING BUDGET YEARS PURSUANT TO THIS SUBSECTION19 |
---|
| 1305 | + | (4), |
---|
| 1306 | + | AND AVERAGING AN OPERATING INSTITUTE CHARTER SCHOOL 'S20 |
---|
| 1307 | + | STUDENT ENROLLMENT AND ONLINE PUPIL ENROLLMENT PURSUANT TO21 |
---|
| 1308 | + | THIS SUBSECTION (4), IS A PROGRAM FOR ACCOUNTABLE EDUCATION22 |
---|
| 1309 | + | REFORM AND MAY THEREFORE RECEIVE FUNDING FROM THE STATE23 |
---|
| 1310 | + | EDUCATION FUND CREATED IN SECTION 17 (4) OF ARTICLE IX OF THE24 |
---|
| 1311 | + | STATE CONSTITUTION.25 |
---|
| 1312 | + | (d) (I) N |
---|
| 1313 | + | OTWITHSTANDING ANY PROVISION OF LAW TO THE26 |
---|
| 1314 | + | CONTRARY, FOR THE PURPOSES OF THIS SUBSECTION (4), A DISTRICT'S27 |
---|
| 1315 | + | 1448 |
---|
| 1316 | + | -41- PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND A DISTRICT 'S1 |
---|
| 1317 | + | PUPIL ENROLLMENT FOR A PRECEDING BUDGET YEAR DO NOT INCLUDE A2 |
---|
| 1318 | + | PUPIL WHO IS OR WAS ENROLLED IN A CHARTER SCHOOL THAT WAS3 |
---|
| 1319 | + | ORIGINALLY AUTHORIZED BY THE DISTRICT BUT WAS SUBSEQUENTLY4 |
---|
| 1320 | + | CONVERTED, ON OR AFTER JULY 1, 2010, TO AN INSTITUTE CHARTER5 |
---|
| 1321 | + | SCHOOL OR TO A CHARTER SCHOOL OF A DISTRICT CONTIGUOUS TO THE6 |
---|
| 1322 | + | ORIGINALLY AUTHORIZING DISTRICT.7 |
---|
| 1323 | + | (II) N |
---|
| 1324 | + | OTWITHSTANDING ANY PROVISION OF THIS SUBSECTION (4)8 |
---|
| 1325 | + | TO THE CONTRARY, FOR THE PURPOSES OF THIS SUBSECTION (4), IF A9 |
---|
| 1326 | + | DISTRICT'S FUNDED PUPIL COUNT CALCULATED PURSUANT TO THIS10 |
---|
| 1327 | + | SUBSECTION (4) FOR A BUDGET YEAR IS FEWER THAN SIXTY STUDENTS, THE11 |
---|
| 1328 | + | DISTRICT'S FUNDED PUPIL COUNT FOR THE B UDGET YEAR IS SIXTY12 |
---|
| 1329 | + | STUDENTS.13 |
---|
| 1330 | + | (5) District foundation funding. A |
---|
| 1331 | + | DISTRICT'S FOUNDATION14 |
---|
| 1332 | + | FUNDING IS:15 |
---|
| 1333 | + | (S |
---|
| 1334 | + | TATEWIDE BASE PER PUPIL FUNDING X (DISTRICT FUNDED PUPIL16 |
---|
| 1335 | + | COUNT - DISTRICT EXTENDED HIGH SCHOOL PUPIL ENROLLMENT -17 |
---|
| 1336 | + | D |
---|
| 1337 | + | ISTRICT ONLINE PUPIL ENROLLMENT)).18 |
---|
| 1338 | + | (6) District at-risk funding. |
---|
| 1339 | + | (a) A DISTRICT'S AT-RISK FUNDING19 |
---|
| 1340 | + | IS:20 |
---|
| 1341 | + | (S |
---|
| 1342 | + | TATEWIDE BASE PER PUPIL FUNDING X TWENTY-FIVE PERCENT)21 |
---|
| 1343 | + | X DISTRICT AT-RISK PUPIL ENROLLMENT.22 (b) NOTWITHSTANDING SUBSECTION (6)(a) OF THIS SECTION, IF A23 |
---|
| 1344 | + | DISTRICT'S FUNDED PUPIL COUNT IS LESS THAN SEVEN THOUSAND PUPILS24 |
---|
| 1345 | + | AND THE DISTRICT PERCENTAGE OF AT-RISK PUPILS IS SEVENTY PERCENT25 |
---|
| 1346 | + | OR GREATER, THE DISTRICT'S AT-RISK FUNDING IS:26 |
---|
| 1347 | + | (STATEWIDE BASE PER PUPIL FUNDING X THIRTY-TWO PERCENT)27 |
---|
| 1348 | + | 1448 |
---|
| 1349 | + | -42- X DISTRICT AT-RISK PUPIL ENROLLMENT.1 |
---|
| 1350 | + | (7) District English language learner funding. A |
---|
| 1351 | + | DISTRICT'S2 |
---|
| 1352 | + | E |
---|
| 1353 | + | NGLISH LANGUAGE LEARNER FUNDING IS :3 |
---|
| 1354 | + | (S |
---|
| 1355 | + | TATEWIDE BASE PER PUPIL FUNDING X TWENTY-FIVE PERCENT)4 |
---|
| 1356 | + | X DISTRICT ENGLISH LANGUAGE LEARNER PUPIL ENROLLMENT .5 |
---|
| 1357 | + | (8) District extended high school funding. (a) A |
---|
| 1358 | + | DISTRICT'S6 |
---|
| 1359 | + | EXTENDED HIGH SCHOOL FUNDING IS :7 |
---|
| 1360 | + | (D |
---|
| 1361 | + | ISTRICT EXTENDED HIGH SCHOOL PUPIL ENROLLMENT X $9,588,8 |
---|
| 1362 | + | OR AN AMOUNT DETERMINED PURSUANT SUBSECTION (8)(b) OF9 |
---|
| 1363 | + | THIS SECTION).10 |
---|
| 1364 | + | (b) T |
---|
| 1365 | + | HE DOLLAR AMOUNT IN SUBSECTION (8)(a) OF THIS SECTION11 |
---|
| 1366 | + | MUST INCREASE BY THE SAME PERCENTAGE THAT THE STATEWIDE BASE12 |
---|
| 1367 | + | PER PUPIL FUNDING FOR THE APPLICABLE BUDGET YEAR IS INCREASED . THE13 |
---|
| 1368 | + | AMOUNT MUST BE ROUNDED TO THE NEAREST DOLLAR .14 |
---|
| 1369 | + | (9) District online funding. (a) A |
---|
| 1370 | + | DISTRICT'S ONLINE FUNDING IS:15 |
---|
| 1371 | + | (D |
---|
| 1372 | + | ISTRICT ONLINE PUPIL ENROLLMENT X $9,588, OR AN AMOUNT16 |
---|
| 1373 | + | DETERMINED PURSUANT TO SUBSECTION (9)(b) OF THIS SECTION).17 |
---|
| 1374 | + | (b) T |
---|
| 1375 | + | HE DOLLAR AMOUNT IN SUBSECTION (9)(a) OF THIS SECTION18 |
---|
| 1376 | + | MUST INCREASE BY THE SAME PERCENTAGE THAT THE STATEWIDE BASE19 |
---|
| 1377 | + | PER PUPIL FUNDING FOR THAT BUDGET YEAR IS INCREASED . THE AMOUNT20 |
---|
| 1378 | + | MUST BE ROUNDED TO THE NEAREST DOLLAR .21 |
---|
| 1379 | + | (10) District special education pupil funding. A |
---|
| 1380 | + | DISTRICT'S22 |
---|
| 1381 | + | SPECIAL EDUCATION PUPIL FUNDING IS:23 |
---|
| 1382 | + | (S |
---|
| 1383 | + | TATEWIDE BASE PER PUPIL FUNDING X TWENTY-FIVE PERCENT)24 |
---|
| 1384 | + | X DISTRICT SPECIAL EDUCATION PUPIL ENROLLMENT .25 |
---|
| 1385 | + | (11) District cost of living factor funding - rules. (a) A26 |
---|
| 1386 | + | DISTRICT'S COST OF LIVING FACTOR FUNDING IS:27 |
---|
| 1387 | + | 1448 |
---|
| 1388 | + | -43- (STATEWIDE BASE PER PUPIL FUNDING X (DISTRICT FUNDED PUPIL1 |
---|
| 1389 | + | COUNT - DISTRICT EXTENDED HIGH SCHOOL PUPIL ENROLLMENT -2 |
---|
| 1390 | + | D |
---|
| 1391 | + | ISTRICT ONLINE PUPIL ENROLLMENT) X DISTRICT COST OF LIVING3 |
---|
| 1392 | + | FACTOR).4 |
---|
| 1393 | + | (b) (I) A |
---|
| 1394 | + | DISTRICT'S COST OF LIVING FACTOR IS DETERMINED5 |
---|
| 1395 | + | PURSUANT TO SUBSECTION (11)(c) OF THIS SECTION; EXCEPT THAT,6 |
---|
| 1396 | + | NOTWITHSTANDING THIS SUBSECTION (11) TO THE CONTRARY , A7 |
---|
| 1397 | + | DISTRICT'S COST OF LIVING FACTOR MUST NOT EXCEED TWENTY -THREE8 |
---|
| 1398 | + | PERCENT.9 |
---|
| 1399 | + | (II) T |
---|
| 1400 | + | HE COST OF LIVING FACTOR ALLOWED FOR EACH DISTRICT10 |
---|
| 1401 | + | PURSUANT TO THIS SUBSECTION (11) REFLECTS THE DIFFERENCES IN THE11 |
---|
| 1402 | + | COSTS OF HOUSING, GOODS, AND SERVICES AMONG REGIONS IN WHICH12 |
---|
| 1403 | + | DISTRICTS ARE LOCATED. THE FACTOR DOES NOT REFLECT ANY ANNUAL13 |
---|
| 1404 | + | INCREASE IN THE COSTS OF HOUSING, GOODS, AND SERVICES CAUSED BY14 |
---|
| 1405 | + | INFLATION.15 |
---|
| 1406 | + | (c) (I) F |
---|
| 1407 | + | OR THE 2025-26 BUDGET YEAR, A DISTRICT'S COST OF16 |
---|
| 1408 | + | LIVING FACTOR IS THE DISTRICT'S COST OF LIVING AMOUNT IDENTIFIED IN17 |
---|
| 1409 | + | THE 2023 COST OF LIVING ANALYSIS ADJUSTED FOR LABOR POOL AREAS ,18 |
---|
| 1410 | + | DIVIDED BY THE MINIMUM COST OF LIVING AMOUNT FOR A DISTRICT19 |
---|
| 1411 | + | IDENTIFIED IN THE 2023 COST OF LIVING ANALYSIS ADJUSTED FOR LABOR20 |
---|
| 1412 | + | POOL AREAS, MINUS ONE.21 |
---|
| 1413 | + | (II) F |
---|
| 1414 | + | OR THE 2026-27 AND 2027-28 BUDGET YEARS, A DISTRICT'S22 |
---|
| 1415 | + | COST OF LIVING FACTOR IS THE DISTRICT 'S COST OF LIVING AMOUNT23 |
---|
| 1416 | + | IDENTIFIED IN THE 2025 COST OF LIVING ANALYSIS ADJUSTED FOR LABOR24 |
---|
| 1417 | + | POOL AREAS, DIVIDED BY THE MINIMUM COST OF LIVING AMOUNT FOR A25 |
---|
| 1418 | + | DISTRICT IDENTIFIED IN THE 2025 COST OF LIVING ANALYSIS ADJUSTED FOR26 |
---|
| 1419 | + | LABOR POOL AREAS, MINUS ONE.27 |
---|
| 1420 | + | 1448 |
---|
| 1421 | + | -44- (III) FOR EVERY TWO-YEAR BUDGET YEAR PERIOD THEREAFTER , A1 |
---|
| 1422 | + | DISTRICT'S COST OF LIVING FACTOR IS THE DISTRICT'S COST OF LIVING2 |
---|
| 1423 | + | AMOUNT, IDENTIFIED IN THE BIENNIAL COST OF LIVING ANALYSIS3 |
---|
| 1424 | + | ADJUSTED FOR LABOR POOL AREAS , DIVIDED BY THE MINIMUM COST OF4 |
---|
| 1425 | + | LIVING AMOUNT FOR A DISTRICT IDENTIFIED IN THE MOST RECENT COST OF5 |
---|
| 1426 | + | LIVING ANALYSIS ADJUSTED FOR LABOR POOL AREAS , MINUS ONE.6 |
---|
| 1427 | + | (IV) T |
---|
| 1428 | + | HE COST OF LIVING FACTOR FOR EACH DISTRICT MUST BE7 |
---|
| 1429 | + | CERTIFIED TO THE DEPARTMENT OF EDUCATION BY LEGISLATIVE COUNCIL8 |
---|
| 1430 | + | STAFF FOR EACH TWO-YEAR PERIOD THEREAFTER BASED UPON A NEW COST9 |
---|
| 1431 | + | OF LIVING ANALYSIS. THE CERTIFICATION MUST BE MADE NO LATER THAN10 |
---|
| 1432 | + | A |
---|
| 1433 | + | PRIL 15 OF THE APPLICABLE YEAR AND IS EFFECTIVE FOR THE BUDGET11 |
---|
| 1434 | + | YEAR BEGINNING ON JULY 1 OF THAT YEAR AND THE BUDGET YEAR12 |
---|
| 1435 | + | THEREAFTER.13 |
---|
| 1436 | + | (V) T |
---|
| 1437 | + | HE DEPARTMENT OF EDUCATION SHALL TRANSFER A PORTION14 |
---|
| 1438 | + | OF THE TOTAL AMOUNT APPROPRIATED BY THE GENERAL ASSEMBLY IN THE15 |
---|
| 1439 | + | ANNUAL GENERAL APPROPRIATION BILL FOR THAT BUDGET YEAR FOR16 |
---|
| 1440 | + | ASSISTANCE TO PUBLIC SCHOOLS, PUBLIC SCHOOL FINANCE, AND STATE17 |
---|
| 1441 | + | SHARE OF DISTRICTS' TOTAL PROGRAM FUNDING TO THE LEGISLATIVE18 |
---|
| 1442 | + | COUNCIL TO FUND THE COST OF LIVING ANALYSIS REQUIRED PURSUANT TO19 |
---|
| 1443 | + | THIS SUBSECTION (11). THE AMOUNT TRANSFERRED BY THE DEPARTMENT20 |
---|
| 1444 | + | OF EDUCATION MUST NOT EXCEED THE MAXIMUM AMOUNT SPECIFIED IN A21 |
---|
| 1445 | + | FOOTNOTE RELATED TO THIS APPROPRIATION IN THE ANNUAL GENERAL22 |
---|
| 1446 | + | APPROPRIATION BILL FOR THAT BUDGET YEAR . THE REMAINDER OF THE23 |
---|
| 1447 | + | AMOUNT APPROPRIATED FOR ASSISTANCE TO PUBLIC SCHOOLS , PUBLIC24 |
---|
| 1448 | + | SCHOOL FINANCE, AND STATE SHARE OF DISTRICTS ' TOTAL PROGRAM25 |
---|
| 1449 | + | FUNDING MUST BE DISTRIBUTED TO SCHOOL DISTRICTS IN THE MANNER26 |
---|
| 1450 | + | PROVIDED IN SECTION 22-54-106 (4)(c).27 |
---|
| 1451 | + | 1448 |
---|
| 1452 | + | -45- (d) (I) THE DEPARTMENT OF EDUCATION SHALL PROMULGATE1 |
---|
| 1453 | + | RULES FOR THE ASSIGNMENT OF A COST OF LIVING FACTOR TO ANY NEW2 |
---|
| 1454 | + | DISTRICT ORGANIZED PURSUANT TO ARTICLE 30 OF THIS TITLE 22, EXCEPT3 |
---|
| 1455 | + | FOR NEW DISTRICTS THAT ARE CREATED AS THE RESULT OF A4 |
---|
| 1456 | + | DECONSOLIDATION AS DESCRIBED IN SECTION 22-30-102 (2)(a), UNTIL THE5 |
---|
| 1457 | + | COST OF LIVING FACTOR FOR THE DISTRICT IS CERTIFIED BY LEGISLATIVE6 |
---|
| 1458 | + | COUNCIL STAFF PURSUANT TO THIS SECTION .7 |
---|
| 1459 | + | (II) T |
---|
| 1460 | + | HE RULES PROMULGATED PURSUANT TO THIS SUBSECTION8 |
---|
| 1461 | + | (11)(d) |
---|
| 1462 | + | MUST BE DESIGNED TO PROVIDE NEITHER AN INCENTIVE NOR A9 |
---|
| 1463 | + | DISINCENTIVE TO THE ORGANIZATION OF NEW DISTRICTS PURSUANT TO10 |
---|
| 1464 | + | ARTICLE 30 OF THIS TITLE 22 AND MUST INCLUDE PROVISIONS TO ENSURE11 |
---|
| 1465 | + | THAT THE COST OF LIVING FACTOR WITHIN A NEW DISTRICT IS NOT12 |
---|
| 1466 | + | REDUCED SOLELY BECAUSE THE NEW DISTRICT IS THE RESULT OF A13 |
---|
| 1467 | + | CONSOLIDATION OF EXISTING DISTRICTS. THE RULES MUST CONSIDER THE14 |
---|
| 1468 | + | COST OF LIVING FACTORS ASSIGNED TO THE DISTRICTS THAT ARE AFFECTED15 |
---|
| 1469 | + | BY THE ORGANIZATION OF THE NEW DISTRICT AND THE CIRCUMSTANCES16 |
---|
| 1470 | + | OF THE NEW DISTRICT BASED ON THE MOST RECENT COST OF LIVING17 |
---|
| 1471 | + | ANALYSIS PERFORMED BY THE LEGISLATIVE COUNCIL .18 |
---|
| 1472 | + | (III) N |
---|
| 1473 | + | EW DISTRICTS THAT ARE CREATED AS THE RESULT OF A19 |
---|
| 1474 | + | DECONSOLIDATION AS DESCRIBED IN SECTION 22-30-102 (2)(a) RETAIN20 |
---|
| 1475 | + | THE COST OF LIVING FACTOR OF THE DISTRICT FROM WHICH THEY WERE21 |
---|
| 1476 | + | SEPARATED UNTIL THE COST OF LIVING FACTOR FOR THE NEW DISTRICT IS22 |
---|
| 1477 | + | CERTIFIED BY THE LEGISLATIVE COUNCIL STAFF PURSUANT TO THIS23 |
---|
| 1478 | + | SECTION.24 |
---|
| 1479 | + | (12) District locale factor funding. (a) A |
---|
| 1480 | + | DISTRICT'S LOCALE25 |
---|
| 1481 | + | FACTOR FUNDING IS:26 |
---|
| 1482 | + | (S |
---|
| 1483 | + | TATEWIDE BASE PER PUPIL FUNDING X (DISTRICT FUNDED PUPIL27 |
---|
| 1484 | + | 1448 |
---|
| 1485 | + | -46- COUNT - DISTRICT EXTENDED HIGH SCHOOL PUPIL ENROLLMENT -1 |
---|
| 1486 | + | D |
---|
| 1487 | + | ISTRICT ONLINE PUPIL ENROLLMENT ) X DISTRICT LOCALE2 |
---|
| 1488 | + | FACTOR).3 |
---|
| 1489 | + | (b) A |
---|
| 1490 | + | DISTRICT'S LOCALE FACTOR IS:4 |
---|
| 1491 | + | (I) T |
---|
| 1492 | + | WENTY-FIVE PERCENT, IF THE DISTRICT IS CLASSIFIED AS5 |
---|
| 1493 | + | RURAL REMOTE;6 |
---|
| 1494 | + | (II) T |
---|
| 1495 | + | WENTY PERCENT, IF THE DISTRICT IS CLASSIFIED AS RURAL7 |
---|
| 1496 | + | DISTANT;8 |
---|
| 1497 | + | (III) F |
---|
| 1498 | + | IFTEEN PERCENT, IF THE DISTRICT IS CLASSIFIED AS RURAL9 |
---|
| 1499 | + | FRINGE;10 |
---|
| 1500 | + | (IV) T |
---|
| 1501 | + | EN PERCENT, IF THE DISTRICT IS CLASSIFIED AS TOWN11 |
---|
| 1502 | + | REMOTE;12 |
---|
| 1503 | + | (V) F |
---|
| 1504 | + | IVE PERCENT, IF THE DISTRICT IS CLASSIFIED AS TOWN13 |
---|
| 1505 | + | DISTANT;14 |
---|
| 1506 | + | (VI) T |
---|
| 1507 | + | WO AND A HALF PERCENT, IF THE DISTRICT IS CLASSIFIED AS15 |
---|
| 1508 | + | TOWN FRINGE;16 |
---|
| 1509 | + | (VII) Z |
---|
| 1510 | + | ERO PERCENT, IF THE DISTRICT IS CLASSIFIED AS SUBURBAN17 |
---|
| 1511 | + | SMALL;18 |
---|
| 1512 | + | (VIII) Z |
---|
| 1513 | + | ERO PERCENT, IF THE DISTRICT IS CLASSIFIED AS SUBURBAN19 |
---|
| 1514 | + | MIDSIZE;20 |
---|
| 1515 | + | (IX) Z |
---|
| 1516 | + | ERO PERCENT, IF THE DISTRICT IS CLASSIFIED AS SUBURBAN21 |
---|
| 1517 | + | LARGE;22 |
---|
| 1518 | + | (X) Z |
---|
| 1519 | + | ERO PERCENT, IF THE DISTRICT IS CLASSIFIED AS CITY SMALL;23 |
---|
| 1520 | + | (XI) Z |
---|
| 1521 | + | ERO PERCENT, IF THE DISTRICT IS CLASSIFIED AS CITY24 |
---|
| 1522 | + | MIDSIZE; OR25 |
---|
| 1523 | + | (XII) Z |
---|
| 1524 | + | ERO PERCENT, IF THE DISTRICT IS CLASSIFIED AS CITY26 |
---|
| 1525 | + | LARGE.27 |
---|
| 1526 | + | 1448 |
---|
| 1527 | + | -47- (c) NOTWITHSTANDING SUBSECTION (12)(a) OF THIS SECTION, IF A1 |
---|
| 1528 | + | DISTRICT IS CLASSIFIED AS RURAL REMOTE OR TOWN REMOTE , THE2 |
---|
| 1529 | + | DISTRICT'S LOCALE FACTOR FUNDING IS THE AMOUNT DETERMINED3 |
---|
| 1530 | + | PURSUANT TO SUBSECTION (12)(a) OF THIS SECTION PLUS ONE HUNDRED4 |
---|
| 1531 | + | THOUSAND DOLLARS.5 |
---|
| 1532 | + | (d) A DISTRICT'S CLASSIFICATION, AS DESCRIBED PURSUANT TO6 |
---|
| 1533 | + | SUBSECTION (12)(b) OR (12)(c) OF THIS SECTION, IS DETERMINED BY THE7 |
---|
| 1534 | + | LATEST CLASSIFICATIONS OR CLASSIFICATION CRITERIA ISSUED BY THE8 |
---|
| 1535 | + | NATIONAL CENTER FOR EDUCATION STATISTICS IN THE INSTITUTE OF9 |
---|
| 1536 | + | EDUCATION SCIENCES OF THE UNITED STATES DEPARTMENT OF10 |
---|
| 1537 | + | EDUCATION.11 |
---|
| 1538 | + | (e) NOTWITHSTANDING SUBSECTION (12)(d) OF THIS SECTION, IF12 |
---|
| 1539 | + | A DISTRICT DOES NOT ALIGN WITH A CLASSIFICATION ISSUED BY THE13 |
---|
| 1540 | + | NATIONAL CENTER FOR EDUCATION STATISTICS , THE DEPARTMENT OF14 |
---|
| 1541 | + | EDUCATION SHALL DESIGNATE THE DISTRICT 'S LOCALE FACTOR BASED ON15 |
---|
| 1542 | + | CONSIDERATIONS THAT ALIGN IT WITH A SIMILARLY SITUATED DISTRICT16 |
---|
| 1543 | + | THAT HAS A CLASSIFICATION ISSUED BY THE NATIONAL CENTER FOR17 |
---|
| 1544 | + | EDUCATION STATISTICS. IF THE DEPARTMENT OF EDUCATION IS REQUIRED18 |
---|
| 1545 | + | TO DESIGNATE THE DISTRICT 'S LOCALE FACTOR PURSUANT TO THIS19 |
---|
| 1546 | + | SUBSECTION (12)(e), THE DEPARTMENT OF EDUCATION SHALL CONSULT20 |
---|
| 1547 | + | WITH LEGISLATIVE COUNSEL STAFF CONCERNING THE ADJUSTMENT FOR21 |
---|
| 1548 | + | ANY INFORMATION NECESSARY TO MAKE AN APPROPRIATE DESIGNATION .22 |
---|
| 1549 | + | (13) District size factor funding. (a) A |
---|
| 1550 | + | DISTRICT'S SIZE FACTOR23 |
---|
| 1551 | + | FUNDING IS:24 |
---|
| 1552 | + | (S |
---|
| 1553 | + | TATEWIDE BASE PER PUPIL FUNDING X (DISTRICT FUNDED PUPIL25 |
---|
| 1554 | + | COUNT - DISTRICT EXTENDED HIGH SCHOOL PUPIL ENROLLMENT -26 |
---|
| 1555 | + | D |
---|
| 1556 | + | ISTRICT ONLINE PUPIL ENROLLMENT) X DISTRICT SIZE FACTOR).27 |
---|
| 1557 | + | 1448 |
---|
| 1558 | + | -48- (b) A DISTRICT'S SIZE FACTOR IS:1 |
---|
| 1559 | + | (I) I |
---|
| 1560 | + | F THE DISTRICT'S FUNDED PUPIL COUNT IS LESS THAN TWO2 |
---|
| 1561 | + | HUNDRED SEVENTY-SIX:3 |
---|
| 1562 | + | 0.5457 |
---|
| 1563 | + | + (0.00376159 X THE DIFFERENCE BETWEEN THE FUNDED4 |
---|
| 1564 | + | PUPIL COUNT AND TWO HUNDRED SEVENTY -SIX).5 |
---|
| 1565 | + | (II) I |
---|
| 1566 | + | F THE DISTRICT'S FUNDED PUPIL COUNT IS TWO HUNDRED6 |
---|
| 1567 | + | SEVENTY-SIX OR MORE BUT LESS THAN FOUR HUNDRED FIFTY -NINE:7 |
---|
| 1568 | + | 0.2385 |
---|
| 1569 | + | + (0.00167869 X THE DIFFERENCE BETWEEN THE FUNDED8 |
---|
| 1570 | + | PUPIL COUNT AND FOUR HUNDRED FIFTY -NINE).9 |
---|
| 1571 | + | (III) I |
---|
| 1572 | + | F THE DISTRICT'S FUNDED PUPIL COUNT IS FOUR HUNDRED10 |
---|
| 1573 | + | FIFTY-NINE OR MORE BUT LESS THAN ONE THOUSAND TWENTY -SEVEN:11 |
---|
| 1574 | + | 0.1215 |
---|
| 1575 | + | + (0.00020599 X THE DIFFERENCE BETWEEN THE FUNDED12 |
---|
| 1576 | + | PUPIL COUNT AND ONE THOUSAND TWENTY -SEVEN).13 |
---|
| 1577 | + | (IV) I |
---|
| 1578 | + | F THE DISTRICT'S FUNDED PUPIL COUNT IS ONE THOUSAND14 |
---|
| 1579 | + | TWENTY-SEVEN OR MORE BUT LESS THAN TWO THOUSAND TWO HUNDRED15 |
---|
| 1580 | + | NINETY-THREE:16 |
---|
| 1581 | + | 0.0533 |
---|
| 1582 | + | + (0.00005387 X THE DIFFERENCE BETWEEN THE FUNDED17 |
---|
| 1583 | + | PUPIL COUNT AND TWO THOUSAND TWO HUNDRED NINETY -THREE).18 |
---|
| 1584 | + | (V) I |
---|
| 1585 | + | F THE DISTRICT'S FUNDED PUPIL COUNT IS TWO THOUSAND19 |
---|
| 1586 | + | TWO HUNDRED NINETY-THREE OR MORE BUT LESS THAN THREE THOUSAND20 |
---|
| 1587 | + | FIVE HUNDRED:21 |
---|
| 1588 | + | 0.0368 |
---|
| 1589 | + | + (0.00001367 X THE DIFFERENCE BETWEEN THE FUNDED22 |
---|
| 1590 | + | PUPIL COUNT AND THREE THOUSAND FIVE HUNDRED ).23 |
---|
| 1591 | + | (VI) I |
---|
| 1592 | + | F THE DISTRICT'S FUNDED PUPIL COUNT IS THREE THOUSAND24 |
---|
| 1593 | + | FIVE HUNDRED OR MORE BUT LESS THAN SIX THOUSAND FIVE HUNDRED :25 |
---|
| 1594 | + | 0.0297 |
---|
| 1595 | + | + (0.00000473 X THE DIFFERENCE BETWEEN THE FUNDED26 |
---|
| 1596 | + | PUPIL COUNT AND SIX THOUSAND FIVE HUNDRED ).27 |
---|
| 1597 | + | 1448 |
---|
| 1598 | + | -49- (VII) IF THE DISTRICT'S FUNDED PUPIL COUNT IS SIX THOUSAND1 |
---|
| 1599 | + | FIVE HUNDRED OR MORE: 0.00.2 |
---|
| 1600 | + | (c) (I) I |
---|
| 1601 | + | F THE REORGANIZATION OF A DISTRICT OR DISTRICTS3 |
---|
| 1602 | + | RESULTS IN A DISTRICT INVOLVED IN THE REORGANIZATION HAVING A4 |
---|
| 1603 | + | GREATER SIZE FACTOR THAN THE ORIGINAL DISTRICT OR DISTRICTS HAD5 |
---|
| 1604 | + | FOR THE BUDGET YEAR IMMEDIATELY PRECEDING REORGANIZATION , THE6 |
---|
| 1605 | + | DISTRICTS INVOLVED IN THE REORGANIZATION MUST USE , FOR EACH7 |
---|
| 1606 | + | BUDGET YEAR, THE SIZE FACTOR THE ORIGINAL DISTRICT HAD PRIOR TO8 |
---|
| 1607 | + | THE REORGANIZATION OR, IF TWO OR MORE DISTRICTS REORGANIZE INTO9 |
---|
| 1608 | + | A SINGLE DISTRICT, THE SIZE FACTOR OF THE ORIGINAL DISTRICT WITH THE10 |
---|
| 1609 | + | LOWEST SIZE FACTOR FOR THE BUDGET YEAR IMMEDIATELY PRECEDING11 |
---|
| 1610 | + | REORGANIZATION. A DISTRICT INVOLVED IN THE REORGANIZATION SHALL12 |
---|
| 1611 | + | NOT, FOR ANY BUDGET YEAR , USE THE SIZE FACTOR THAT WOULD13 |
---|
| 1612 | + | OTHERWISE BE PROVIDED PURSUANT TO THIS SUBSECTION (13).14 |
---|
| 1613 | + | (II) I |
---|
| 1614 | + | F THE REORGANIZATION OF A DISTRICT OR DISTRICTS RESULTS15 |
---|
| 1615 | + | IN A DISTRICT INVOLVED IN THE REORGANIZATION HAVING A LOWER SIZE16 |
---|
| 1616 | + | FACTOR THAN THE ORIGINAL DISTRICT OR DISTRICTS HAD FOR THE BUDGET17 |
---|
| 1617 | + | YEAR IMMEDIATELY PRECEDING REORGANIZATION , THE NEW DISTRICT OR18 |
---|
| 1618 | + | DISTRICTS MUST USE A SIZE FACTOR DETERMINED AS FOLLOWS :19 |
---|
| 1619 | + | (A) F |
---|
| 1620 | + | OR THE FIRST BUDGET YEAR FOLLOWING REORGANIZATION ,20 |
---|
| 1621 | + | THE SIZE FACTOR OF THE ORIGINAL DISTRICT FOR THE BUDGET YEAR21 |
---|
| 1622 | + | IMMEDIATELY PRECEDING REORGANIZATION OR , IF TWO OR MORE22 |
---|
| 1623 | + | DISTRICTS ARE INVOLVED IN THE REORGANIZATION , THE WEIGHTED23 |
---|
| 1624 | + | AVERAGE SIZE FACTOR OF THE ORIGINAL DISTRICTS FOR THE BUDGET YEAR24 |
---|
| 1625 | + | IMMEDIATELY PRECEDING REORGANIZATION . FOR PURPOSES OF THIS25 |
---|
| 1626 | + | SUBSECTION (13)(c)(II)(A), THE WEIGHTED AVERAGE SIZE FACTOR IS THE26 |
---|
| 1627 | + | SUM OF THE AMOUNTS CALCULATED BY MULTIPLYING THE FUNDED PUPIL27 |
---|
| 1628 | + | 1448 |
---|
| 1629 | + | -50- COUNTS OF THE ORIGINAL DISTRICTS BY THE SIZE FACTOR OF THE ORIGINAL1 |
---|
| 1630 | + | DISTRICTS AND DIVIDING THAT SUM BY THE TOTAL FUNDED PUPIL COUNT2 |
---|
| 1631 | + | OF THE ORIGINAL DISTRICTS.3 |
---|
| 1632 | + | (B) F |
---|
| 1633 | + | OR THE SECOND BUDGET YEAR FOLLOWING REORGANIZATION ,4 |
---|
| 1634 | + | THE SIZE FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR MINUS5 |
---|
| 1635 | + | AN AMOUNT EQUAL TO ONE-FIFTH OF THE DIFFERENCE BETWEEN THE SIZE6 |
---|
| 1636 | + | FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR AND THE SIZE7 |
---|
| 1637 | + | FACTOR DETERMINED PURSUANT TO SUBSECTION (13)(b) OF THIS SECTION;8 |
---|
| 1638 | + | (C) F |
---|
| 1639 | + | OR THE THIRD BUDGET YEAR FOLLOWING REORGANIZATION ,9 |
---|
| 1640 | + | THE SIZE FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR MINUS10 |
---|
| 1641 | + | AN AMOUNT EQUAL TO ONE -FOURTH OF THE DIFFERENCE BETWEEN THE11 |
---|
| 1642 | + | SIZE FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR AND THE12 |
---|
| 1643 | + | SIZE FACTOR DETERMINED PURSUANT TO SUBSECTION (13)(b) OF THIS13 |
---|
| 1644 | + | SECTION;14 |
---|
| 1645 | + | (D) F |
---|
| 1646 | + | OR THE FOURTH BUDGET YEAR FOLLOWING REORGANIZATION ,15 |
---|
| 1647 | + | THE SIZE FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR MINUS16 |
---|
| 1648 | + | AN AMOUNT EQUAL TO ONE-THIRD OF THE DIFFERENCE BETWEEN THE SIZE17 |
---|
| 1649 | + | FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR AND THE SIZE18 |
---|
| 1650 | + | FACTOR DETERMINED PURSUANT TO SUBSECTION (13)(b) OF THIS SECTION;19 |
---|
| 1651 | + | (E) F |
---|
| 1652 | + | OR THE FIFTH BUDGET YEAR FOLLOWING REORGANIZATION ,20 |
---|
| 1653 | + | THE SIZE FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR MINUS21 |
---|
| 1654 | + | AN AMOUNT EQUAL TO ONE-HALF OF THE DIFFERENCE BETWEEN THE SIZE22 |
---|
| 1655 | + | FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR AND THE SIZE23 |
---|
| 1656 | + | FACTOR DETERMINED PURS UANT TO SUBSECTION (13)(b) OF THIS SECTION;24 |
---|
| 1657 | + | AND25 |
---|
| 1658 | + | (F) F |
---|
| 1659 | + | OR THE SIXTH BUDGET YEAR FOLLOWING REORGANIZATION26 |
---|
| 1660 | + | AND BUDGET YEARS THEREAFTER , THE SIZE FACTOR DETERMINED27 |
---|
| 1661 | + | 1448 |
---|
| 1662 | + | -51- PURSUANT TO SUBSECTION (13)(b) OF THIS SECTION.1 |
---|
| 1663 | + | (14) Total program funding. (Reserved)2 |
---|
| 1664 | + | SECTION 8. In Colorado Revised Statutes, 22-54-104, amend3 |
---|
| 1665 | + | (1) and (5)(b)(IV); and add (7) and (8) as follows:4 |
---|
| 1666 | + | 22-54-104. District total program - legislative declaration -5 |
---|
| 1667 | + | definitions - repeal. (1) (a) For every budget year the provisions of6 |
---|
| 1668 | + | THROUGH THE 2024-25 BUDGET YEAR, this section shall MUST be used to7 |
---|
| 1669 | + | calculate for each district an amount that represents the financial base of8 |
---|
| 1670 | + | support for public education in that district. Such amount shall be known9 |
---|
| 1671 | + | as the district's total program DETERMINE EACH DISTRICT 'S TOTAL10 |
---|
| 1672 | + | PROGRAM. The district's total program shall be IS available to the district11 |
---|
| 1673 | + | to fund the costs of providing public education, and, except as otherwise12 |
---|
| 1674 | + | provided in section 22-54-105, the amounts and purposes for which such13 |
---|
| 1675 | + | moneys are budgeted and expended shall be in the discretion of the14 |
---|
| 1676 | + | district THE DISTRICT HAS THE DISCRETION TO DETERMINE THE AMOUNTS15 |
---|
| 1677 | + | AND PURPOSES FOR BUDGETING AND EXPENDING ITS TOTAL PROGRAM16 |
---|
| 1678 | + | MONEY.17 |
---|
| 1679 | + | (b) Notwithstanding the provisions of paragraph (a) of this18 |
---|
| 1680 | + | subsection (1) SUBSECTION (1)(a) OF THIS SECTION TO THE CONTRARY, if19 |
---|
| 1681 | + | a district is the accounting district of an institute charter school AN20 |
---|
| 1682 | + | INSTITUTE CHARTER SCHOOL'S ACCOUNTING DISTRICT, then the calculation21 |
---|
| 1683 | + | of total program pursuant to the provisions of this section shall also22 |
---|
| 1684 | + | represent the financial base of support for the institute charter school23 |
---|
| 1685 | + | TOTAL PROGRAM DETERMINATION PURSUANT TO THIS SECTION ALSO24 |
---|
| 1686 | + | REPRESENTS THE INSTITUTE CHARTER SCHOOL 'S FINANCIAL BASE OF25 |
---|
| 1687 | + | SUPPORT, even though the institute charter school is not a school of the26 |
---|
| 1688 | + | district. The amount of the district's state share of total program that is27 |
---|
| 1689 | + | 1448 |
---|
| 1690 | + | -52- withheld from the district and paid to the state charter school institute1 |
---|
| 1691 | + | pursuant to the provisions of section 22-54-115 (1.3) shall IS not be2 |
---|
| 1692 | + | available to nor OR under the control of the district but shall be IS under3 |
---|
| 1693 | + | the control of the |
---|
| 1694 | + | INSTITUTE CHARTER SCHOOL'S governing board of the |
---|
| 1695 | + | 4 |
---|
| 1696 | + | institute charter school to fund the costs of providing public education to5 |
---|
| 1697 | + | pupils enrolled in the institute charter school. and the amounts and6 |
---|
| 1698 | + | purposes for which such moneys are budgeted and expended shall be in7 |
---|
| 1699 | + | the discretion of the institute charter school. THE INSTITUTE CHARTER8 |
---|
| 1700 | + | SCHOOL HAS THE DISCRETION TO DETERMINE THE AMOUNTS AND PURPOSES9 |
---|
| 1701 | + | FOR BUDGETING AND EXPENDING ITS TOTAL PROGRAM MONEY .10 |
---|
| 1702 | + | (c) (I) N |
---|
| 1703 | + | OTWITHSTANDING ANY PROVISION OF LAW TO THE11 |
---|
| 1704 | + | CONTRARY, FOR THE 2025-26 BUDGET YEAR THROUGH THE 2029-3012 |
---|
| 1705 | + | BUDGET YEAR, THE DEPARTMENT OF EDUCATION SHALL CALCULATE EACH13 |
---|
| 1706 | + | DISTRICT'S TOTAL PROGRAM PURSUANT TO THIS SECTION FOR THE PURPOSE14 |
---|
| 1707 | + | OF DETERMINING EACH DISTRICT'S TOTAL PROGRAM PURSUANT TO SECTION15 |
---|
| 1708 | + | 22-54-103.3. |
---|
| 1709 | + | THE DISTRICT'S TOTAL PROGRAM IS AVAILABLE TO THE16 |
---|
| 1710 | + | DISTRICT TO FUND THE COSTS OF PROVIDING PUBLIC EDUCATION , AND,17 |
---|
| 1711 | + | EXCEPT AS OTHERWISE PROVIDED IN SECTION 22-54-105, THE DISTRICT18 |
---|
| 1712 | + | HAS THE DISCRETION TO DETERMINE THE AMOUNTS AND PURPOSES FOR19 |
---|
| 1713 | + | BUDGETING AND EXPENDING ITS DISTRICT TOTAL PROGRAM MONEY .20 |
---|
| 1714 | + | (II) N |
---|
| 1715 | + | OTWITHSTANDING SUBSECTION (1)(c)(I) OF THIS SECTION TO21 |
---|
| 1716 | + | THE CONTRARY, IF A DISTRICT IS AN INSTITUTE CHARTER SCHOOL 'S22 |
---|
| 1717 | + | ACCOUNTING DISTRICT , THEN THE DISTRICT TOTAL PROGRAM23 |
---|
| 1718 | + | CALCULATION PURSUANT TO THIS SECTION ALSO REPRESENTS THE24 |
---|
| 1719 | + | INSTITUTE CHARTER SCHOOL'S FINANCIAL BASE OF SUPPORT FOR PUBLIC25 |
---|
| 1720 | + | EDUCATION, EVEN THOUGH THE INSTITUTE CHARTER SCHOOL IS NOT THE26 |
---|
| 1721 | + | DISTRICT'S SCHOOL. THE AMOUNT OF THE DISTRICT 'S STATE SHARE OF27 |
---|
| 1722 | + | 1448 |
---|
| 1723 | + | -53- TOTAL PROGRAM THAT IS WITHHELD FROM THE DISTRICT AND PAID TO THE1 |
---|
| 1724 | + | STATE CHARTER SCHOOL INSTITUTE PURSUANT TO SECTION 22-54-1152 |
---|
| 1725 | + | (1.3) |
---|
| 1726 | + | IS NOT AVAILABLE TO OR UNDER THE CONTROL OF THE DISTRICT BUT3 |
---|
| 1727 | + | IS AVAILABLE TO AND UNDER THE CONTROL OF THE INSTITUTE CHARTER4 |
---|
| 1728 | + | SCHOOL'S GOVERNING BOARD TO FUND THE COSTS OF PROVIDING PUBLIC5 |
---|
| 1729 | + | EDUCATION TO STUDENTS ENROLLED IN THE INSTITUTE CHARTER SCHOOL .6 |
---|
| 1730 | + | T |
---|
| 1731 | + | HE INSTITUTE CHARTER SCHOOL HAS THE DISCRETION TO DETERMINE THE7 |
---|
| 1732 | + | AMOUNTS AND PURPOSES FOR BUDGETING AND EXPENDING ITS TOTAL8 |
---|
| 1733 | + | PROGRAM MONEY.9 |
---|
| 1734 | + | (5) For purposes of the formulas used in this section:10 |
---|
| 1735 | + | (b) (IV) For the 1998-99 budget year and budget years thereafter, |
---|
| 1736 | + | 11 |
---|
| 1737 | + | The funded pupil count used to calculate a district's size factor pursuant12 |
---|
| 1738 | + | to this paragraph (b) shall be SUBSECTION (5)(b) IS the funded pupil count13 |
---|
| 1739 | + | as calculated pursuant to section 22-54-103 (7) reduced by sixty-five14 |
---|
| 1740 | + | percent of the number of pupils included in the funded pupil count that15 |
---|
| 1741 | + | are enrolled in charter schools in the district; except that the provisions of16 |
---|
| 1742 | + | this subparagraph (IV) shall THIS SUBSECTION (5)(b)(IV) only apply17 |
---|
| 1743 | + | APPLIES to those districts with a funded pupil count as calculated pursuant18 |
---|
| 1744 | + | to section 22-54-103 (7) of five hundred or less FEWER.19 |
---|
| 1745 | + | (7) (a) F |
---|
| 1746 | + | OR PURPOSES THIS SECTION, "FUNDED PUPIL COUNT "20 |
---|
| 1747 | + | MEANS THE DISTRICT'S ONLINE PUPIL ENROLLMENT FOR THE APPLICABLE21 |
---|
| 1748 | + | BUDGET YEAR PLUS THE DISTRICT 'S SUPPLEMENTAL KINDERGARTEN22 |
---|
| 1749 | + | ENROLLMENT FOR THE APPLICABLE BUDGET YEAR PLUS THE DISTRICT 'S23 |
---|
| 1750 | + | EXTENDED HIGH SCHOOL PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET24 |
---|
| 1751 | + | YEAR PLUS THE GREATER OF:25 |
---|
| 1752 | + | (I) T |
---|
| 1753 | + | HE DISTRICT'S PUPIL ENROLLMENT FOR THE APPLICABLE26 |
---|
| 1754 | + | BUDGET YEAR;27 |
---|
| 1755 | + | 1448 |
---|
| 1756 | + | -54- (II) THE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE1 |
---|
| 1757 | + | APPLICABLE BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR2 |
---|
| 1758 | + | THE IMMEDIATELY PRECEDING BUDGET YEAR ;3 |
---|
| 1759 | + | (III) T |
---|
| 1760 | + | HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE4 |
---|
| 1761 | + | APPLICABLE BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR5 |
---|
| 1762 | + | THE TWO IMMEDIATELY PRECEDING BUDGET YEARS ;6 |
---|
| 1763 | + | (IV) T |
---|
| 1764 | + | HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE7 |
---|
| 1765 | + | APPLICABLE BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR8 |
---|
| 1766 | + | THE THREE IMMEDIATELY PRECEDING BUDGET YEARS ; OR9 |
---|
| 1767 | + | (V) T |
---|
| 1768 | + | HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE10 |
---|
| 1769 | + | APPLICABLE BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR11 |
---|
| 1770 | + | THE FOUR IMMEDIATELY PRECEDING BUDGET YEARS .12 |
---|
| 1771 | + | (b) N |
---|
| 1772 | + | OTWITHSTANDING ANY PROVISION OF LAW TO THE13 |
---|
| 1773 | + | CONTRARY, FOR PURPOSES OF SUBSECTION (7)(a) OF THIS SECTION, A14 |
---|
| 1774 | + | DISTRICT'S FUNDED PUPIL COUNT INCLUDES THE CERTIFIED PUPIL15 |
---|
| 1775 | + | ENROLLMENT AND ONLINE PUPIL ENROLLMENT OF EACH OPERATING16 |
---|
| 1776 | + | INSTITUTE CHARTER SCHOOL FOR WHICH THE DISTRICT IS THE ACC OUNTING17 |
---|
| 1777 | + | DISTRICT, AS PROVIDED PURSUANT TO SUBSECTIONS (7)(c) AND (7)(d) OF18 |
---|
| 1778 | + | THIS SECTION. THE DEPARTMENT OF EDUCATION SHALL ADD THE19 |
---|
| 1779 | + | INSTITUTE CHARTER SCHOOL'S CERTIFIED PUPIL ENROLLMENT AND ONLINE20 |
---|
| 1780 | + | PUPIL ENROLLMENT TO THE FUNDED PUPIL COUNT OF THE DISTRICT PRIOR21 |
---|
| 1781 | + | TO CALCULATING THE DISTRICT 'S TOTAL PROGRAM PURSUANT TO THIS22 |
---|
| 1782 | + | SECTION.23 |
---|
| 1783 | + | (c) F |
---|
| 1784 | + | OR PURPOSES OF SUBSECTION (7)(b) OF THIS SECTION, EACH24 |
---|
| 1785 | + | OPERATING INSTITUTE CHARTER SCHOOL 'S CERTIFIED PUPIL ENROLLMENT25 |
---|
| 1786 | + | IS THE GREATER OF:26 |
---|
| 1787 | + | (I) T |
---|
| 1788 | + | HE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL27 |
---|
| 1789 | + | 1448 |
---|
| 1790 | + | -55- ENROLLMENT FOR THE APPLICABLE BUDGET YEAR ;1 |
---|
| 1791 | + | (II) T |
---|
| 1792 | + | HE AVERAGE OF THE OPERATING INSTITUTE CHARTER2 |
---|
| 1793 | + | SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND3 |
---|
| 1794 | + | THE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR4 |
---|
| 1795 | + | THE IMMEDIATELY PRECEDING BUDGET YEAR ;5 |
---|
| 1796 | + | (III) T |
---|
| 1797 | + | HE AVERAGE OF THE OPERATING INSTITUTE CHARTER6 |
---|
| 1798 | + | SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND7 |
---|
| 1799 | + | THE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR8 |
---|
| 1800 | + | THE TWO IMMEDIATELY PRECEDING BUDGET YEARS ;9 |
---|
| 1801 | + | (IV) T |
---|
| 1802 | + | HE AVERAGE OF THE OPERATING INSTITUTE CHARTER10 |
---|
| 1803 | + | SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND11 |
---|
| 1804 | + | THE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR12 |
---|
| 1805 | + | THE THREE IMMEDIATELY PRECEDING BUDGET YEARS ; OR13 |
---|
| 1806 | + | (V) T |
---|
| 1807 | + | HE AVERAGE OF THE OPERATING INSTITUTE CHARTER14 |
---|
| 1808 | + | SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND15 |
---|
| 1809 | + | THE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR16 |
---|
| 1810 | + | THE FOUR IMMEDIATELY PRECEDING BUDGET YEARS .17 |
---|
| 1811 | + | (d) N |
---|
| 1812 | + | OTWITHSTANDING ANY PROVISION OF LAW TO THE18 |
---|
| 1813 | + | CONTRARY, FOR PURPOSES OF SUBSECTION (7)(c) OF THIS SECTION, AN19 |
---|
| 1814 | + | OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT INCLUDES20 |
---|
| 1815 | + | ITS ONLINE PUPIL ENROLLMENT , EXCEPT FOR MULTI-DISTRICT ONLINE21 |
---|
| 1816 | + | SCHOOL PUPIL ENROLLMENT.22 |
---|
759 | | - | HE DISTRICT AVERAGE AMOUNT OF PER PUPIL REVENUE FOR AN |
---|
760 | | - | ENGLISH LANGUAGE LEARNER PUPIL ; |
---|
761 | | - | (f) T |
---|
762 | | - | HE DISTRICT AVERAGE AMOUNT OF PER PUPIL REVENUE FOR A |
---|
763 | | - | SPECIAL EDUCATION PUPIL |
---|
764 | | - | ; |
---|
765 | | - | (g) T |
---|
766 | | - | HE PER PUPIL REVENUE FOR EACH PUBLIC SCHOOL IN THE |
---|
767 | | - | DISTRICT |
---|
768 | | - | ; AND |
---|
769 | | - | (h) THE PROJECTED SHARE OF PER PUPIL REVENUE FOR EACH PUBLIC |
---|
770 | | - | SCHOOL IN THE DISTRICT |
---|
771 | | - | , BASED ON ENROLLMENT. |
---|
772 | | - | (4) N |
---|
773 | | - | OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-136 |
---|
774 | | - | (11)(a)(I), |
---|
775 | | - | THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS |
---|
776 | | - | SECTION CONTINUES INDEFINITELY |
---|
777 | | - | . |
---|
778 | | - | SECTION 6. In Colorado Revised Statutes, add 22-54-103.3 as |
---|
779 | | - | follows: |
---|
780 | | - | 22-54-103.3. District total program - 2025-26 through 2029-30 |
---|
781 | | - | budget years - definitions - repeal. (1) (a) N |
---|
782 | | - | OTWITHSTANDING ANY |
---|
783 | | - | PROVISION OF LAW TO THE CONTRARY |
---|
784 | | - | , FOR THE 2025-26 BUDGET YEAR |
---|
785 | | - | THROUGH THE |
---|
786 | | - | 2029-30 BUDGET YEAR, THE DEPARTMENT OF EDUCATION |
---|
787 | | - | SHALL DETERMINE EACH DISTRICT |
---|
788 | | - | 'S TOTAL PROGRAM PURSUANT TO THIS |
---|
789 | | - | SECTION |
---|
790 | | - | . THE DISTRICT'S TOTAL PROGRAM IS AVAILABLE TO THE DISTRICT |
---|
791 | | - | TO FUND THE COSTS OF PROVIDING PUBLIC EDUCATION |
---|
792 | | - | , AND, EXCEPT AS |
---|
793 | | - | OTHERWISE PROVIDED IN SECTION |
---|
794 | | - | 22-54-105, THE DISTRICT HAS THE |
---|
795 | | - | DISCRETION TO DETERMINE THE AMOUNTS AND PURPOSES FOR BUDGETING |
---|
796 | | - | PAGE 21-HOUSE BILL 24-1448 AND EXPENDING ITS DISTRICT TOTAL PROGRAM MONEY . |
---|
797 | | - | (b) N |
---|
798 | | - | OTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION TO THE |
---|
799 | | - | CONTRARY |
---|
800 | | - | , IF A DISTRICT IS AN INSTITUTE CHARTER SCHOOL'S ACCOUNTING |
---|
801 | | - | DISTRICT |
---|
802 | | - | , THEN THE DISTRICT TOTAL PROGRAM DETERMINATION PURSUANT |
---|
803 | | - | TO THIS SECTION ALSO REPRESENTS THE INSTITUTE CHARTER SCHOOL |
---|
804 | | - | 'S |
---|
805 | | - | FINANCIAL BASE OF SUPPORT FOR PUBLIC EDUCATION |
---|
806 | | - | , EVEN THOUGH THE |
---|
807 | | - | INSTITUTE CHARTER SCHOOL IS NOT THE DISTRICT |
---|
808 | | - | 'S SCHOOL. THE AMOUNT |
---|
809 | | - | OF THE DISTRICT |
---|
810 | | - | 'S STATE SHARE OF TOTAL PROGRAM THAT IS WITHHELD |
---|
811 | | - | FROM THE DISTRICT AND PAID TO THE STATE CHARTER SCHOOL INSTITUTE |
---|
812 | | - | PURSUANT TO SECTION |
---|
813 | | - | 22-54-115 (1.3) IS NOT AVAILABLE TO OR UNDER THE |
---|
814 | | - | CONTROL OF THE DISTRICT BUT IS AVAILABLE TO AND UNDER THE CONTROL |
---|
815 | | - | OF THE INSTITUTE CHARTER SCHOOL |
---|
816 | | - | 'S GOVERNING BOARD TO FUND THE |
---|
817 | | - | COSTS OF PROVIDING PUBLIC EDUCATION TO STUDENTS ENROLLED IN THE |
---|
818 | | - | INSTITUTE CHARTER SCHOOL |
---|
819 | | - | . THE INSTITUTE CHARTER SCHOOL HAS THE |
---|
820 | | - | DISCRETION TO DETERMINE THE AMOUNTS AND PURPOSES FOR BUDGETING |
---|
821 | | - | AND EXPENDING ITS TOTAL PROGRAM MONEY |
---|
822 | | - | . |
---|
823 | | - | (c) A |
---|
824 | | - | S USED IN THIS SECTION, "FOR THE 2025-26 BUDGET YEAR |
---|
825 | | - | THROUGH THE |
---|
826 | | - | 2029-30 BUDGET YEAR" MEANS THE 2025-26 BUDGET YEAR, |
---|
827 | | - | THE 2026-27 BUDGET YEAR, THE 2027-28 BUDGET YEAR, THE 2028-29 |
---|
828 | | - | BUDGET YEAR, AND THE 2029-30 BUDGET YEAR. |
---|
829 | | - | (2) F |
---|
830 | | - | OR THE 2025-26 BUDGET YEAR THROUGH THE 2029-30 BUDGET |
---|
831 | | - | YEAR |
---|
832 | | - | , THE DEPARTMENT OF EDUCATION SHALL CALCULATE EACH DISTRICT 'S |
---|
833 | | - | TOTAL PROGRAM PURSUANT TO SECTIONS |
---|
834 | | - | 22-54-103.5 AND 22-54-104. |
---|
835 | | - | (3) |
---|
836 | | - | FOR THE 2025-26 BUDGET YEAR THROUGH THE 2029-30 BUDGET |
---|
837 | | - | YEAR |
---|
838 | | - | , A DISTRICT'S TOTAL PROGRAM IS THE GREATER OF THE DISTRICT 'S |
---|
839 | | - | TOTAL PROGRAM CALCULATION PURSUANT TO SECTION |
---|
840 | | - | 22-54-104 PLUS |
---|
841 | | - | ONE |
---|
842 | | - | -HALF PERCENT OF THE DISTRICT 'S TOTAL PROGRAM CALCULATION |
---|
843 | | - | PURSUANT TO SECTION |
---|
844 | | - | 22-54-104, OR: |
---|
| 1818 | + | HE GENERAL ASSEMBLY FINDS AND DECLARES THAT FOR THE23 |
---|
| 1819 | + | PURPOSES OF SECTION 17 OF ARTICLE IX OF THE STATE CONSTITUTION,24 |
---|
| 1820 | + | AVERAGING A DISTRICT'S PUPIL ENROLLMENT FOR THE APPLICABLE25 |
---|
| 1821 | + | BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR THE FOUR26 |
---|
| 1822 | + | IMMEDIATELY PRECEDING BUDGET YEARS PURSUANT TO THIS SUBSECTION27 |
---|
| 1823 | + | 1448 |
---|
| 1824 | + | -56- (7), AND AVERAGING AN OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL1 |
---|
| 1825 | + | ENROLLMENT AND ONLINE PUPIL ENROLLMENT PURSUANT TO THIS2 |
---|
| 1826 | + | SUBSECTION (7), IS A PROGRAM FOR ACCOUNTABLE EDUCATION REFORM3 |
---|
| 1827 | + | AND MAY THEREFORE RECEIVE FUNDING FROM THE STATE EDUCATION4 |
---|
| 1828 | + | FUND CREATED IN SECTION 17 (4) OF ARTICLE IX OF THE STATE5 |
---|
| 1829 | + | CONSTITUTION.6 |
---|
| 1830 | + | (f) N |
---|
| 1831 | + | OTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY ,7 |
---|
| 1832 | + | FOR THE PURPOSES OF THIS SUBSECTION (7), A DISTRICT'S PUPIL8 |
---|
| 1833 | + | ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND A DISTRICT 'S PUPIL9 |
---|
| 1834 | + | ENROLLMENT FOR ANY PRECEDING BUDGET YEAR DO NOT INCLUDE A PUPIL10 |
---|
| 1835 | + | WHO IS OR WAS ENROLLED IN A CHARTER SCHOOL THAT WAS ORIGINALLY11 |
---|
| 1836 | + | AUTHORIZED BY THE DISTRICT BUT WAS SUBSEQUENTLY CONVERTED , ON12 |
---|
| 1837 | + | OR AFTER JULY 1, 2010, TO AN INSTITUTE CHARTER SCHOOL OR TO A13 |
---|
| 1838 | + | CHARTER SCHOOL OF A DISTRICT CONTIGUOUS TO THE ORIGINALLY14 |
---|
| 1839 | + | AUTHORIZING DISTRICT.15 |
---|
| 1840 | + | (g) N |
---|
| 1841 | + | OTWITHSTANDING ANY PROVISION OF THIS SUBSECTION (7) TO16 |
---|
| 1842 | + | THE CONTRARY, FOR THE PURPOSES OF THIS SUBSECTION (7), IF A17 |
---|
| 1843 | + | DISTRICT'S FUNDED PUPIL COUNT CALCULATED PURSUANT TO THIS18 |
---|
| 1844 | + | SUBSECTION (7) FOR A BUDGET YEAR IS FEWER THAN FIFTY PUPILS , THE19 |
---|
| 1845 | + | DISTRICT'S FUNDED PUPIL COUNT FOR THE BUDGET YEAR IS FIFTY PUPILS .20 |
---|
| 1846 | + | (h) S |
---|
| 1847 | + | OLELY FOR THE PURPOSE OF AVERAGING PUPIL ENROLLMENT21 |
---|
| 1848 | + | PURSUANT TO SUBSECTION (7)(a) OF THIS SECTION FOR A DISTRICT THAT22 |
---|
| 1849 | + | OPERATES A FULL-DAY KINDERGARTEN EDUCATIONAL PROGRAM , THE23 |
---|
| 1850 | + | DEPARTMENT OF EDUCATION SHALL ADJUST THE DISTRICT 'S PUPIL24 |
---|
| 1851 | + | ENROLLMENTS FOR THE 2018-19, 2017-18, 2016-17, AND 2015-16 BUDGET25 |
---|
| 1852 | + | YEARS BY COUNTING EACH PUPIL ENROLLED IN A FULL -DAY26 |
---|
| 1853 | + | KINDERGARTEN EDUCATIONAL PROGRAM IN ONE OF THOSE BUDGET YEARS27 |
---|
| 1854 | + | 1448 |
---|
| 1855 | + | -57- AS A FULL-TIME STUDENT. THE ADJUSTMENT TO PUPIL ENROLLMENT MADE1 |
---|
| 1856 | + | PURSUANT TO THIS SUBSECTION (7)(h) DOES NOT AFFECT OR CHANGE THE2 |
---|
| 1857 | + | FUNDED PUPIL COUNT USED TO CALCULATE A DISTRICT 'S FISCAL YEAR3 |
---|
| 1858 | + | SPENDING LIMITATION PURSUANT TO SECTION 20 OF ARTICLE X OF THE4 |
---|
| 1859 | + | STATE CONSTITUTION FOR A BUDGET YEAR COMMENCING BEFORE JULY 1,5 |
---|
| 1860 | + | 2019.6 |
---|
| 1861 | + | (8) T |
---|
| 1862 | + | HIS SECTION IS REPEALED, EFFECTIVE JULY 1, |
---|
| 1863 | + | 2031.7 |
---|
| 1864 | + | 8 |
---|
| 1865 | + | SECTION 9. In Colorado Revised Statutes, add 22-20-114.3 as9 |
---|
| 1866 | + | follows:10 |
---|
| 1867 | + | 22-20-114.3. Agreements with administrative units for special11 |
---|
| 1868 | + | education services - legislative declaration. (1) THE GENERAL12 |
---|
| 1869 | + | ASSEMBLY FINDS AND DECLARES THAT THE REQUIREMENTS DESCRIBED IN13 |
---|
| 1870 | + | SUBSECTION (2) OF THIS SECTION ARE NECESSARY AS A MATTER OF PUBLIC14 |
---|
| 1871 | + | POLICY.15 |
---|
| 1872 | + | (2) NO LATER THAN JULY 1, 2025, A DISTRICT OR INSTITUTE16 |
---|
| 1873 | + | CHARTER SCHOOL THAT IS SERVED BY A MULTI-DISTRICT ADMINISTRATIVE17 |
---|
| 1874 | + | UNIT FOR THE ESTABLISHMENT, MAINTENANCE, OR PROVISION OF SPECIAL18 |
---|
| 1875 | + | EDUCATION SERVICES MUST UPDATE AN EXISTING AGREEMENT19 |
---|
| 1876 | + | CONCERNING SPECIAL EDUCATION SERVICES TO CONTAIN PROVISIONS20 |
---|
| 1877 | + | REGARDING THE ALLOCATION OF ANY DISTRICT SPECIAL EDUCATION PUPIL21 |
---|
| 1878 | + | FUNDING RECEIVED BY A SERVED DISTRICT OR INSTITUTE CHARTER22 |
---|
| 1879 | + | SCHOOL PURSUANT TO ARTICLE 54 OF THIS TITLE 22.23 |
---|
| 1880 | + | SECTION 10. In Colorado Revised Statutes, 22-41-102, amend24 |
---|
| 1881 | + | (3)(h) introductory portion; and add (3)(i), (3)(j), and (3)(k) as follows:25 |
---|
| 1882 | + | 22-41-102. Fund inviolate. (3) (h) For the 2022-23 state fiscal26 |
---|
| 1883 | + | year and each state fiscal year thereafter THROUGH THE 2023-24 STATE27 |
---|
| 1884 | + | 1448 |
---|
| 1885 | + | -58- FISCAL YEAR, interest or income earned on the investment of the money1 |
---|
| 1886 | + | in the public school fund must be used or credited as follows:2 |
---|
| 1887 | + | (i) F |
---|
| 1888 | + | OR THE 2024-25 STATE FISCAL YEAR, INTEREST |
---|
| 1889 | + | AND INCOME3 |
---|
| 1890 | + | EARNED ON THE INVESTMENT OF THE MONEY IN THE PUBLIC SCHOOL FUND4 |
---|
| 1891 | + | MUST BE USED OR CREDITED AS FOLLOWS :5 |
---|
| 1892 | + | 6 |
---|
| 1893 | + | (I) THE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE TO7 |
---|
| 1894 | + | THE STATE TREASURER AN AMOUNT NECESSARY TO PAY FOR THE SERVICES8 |
---|
| 1895 | + | OF THE INVESTMENT CONSULTANT HIRED BY THE PUBLIC SCHOOL FUND9 |
---|
| 1896 | + | INVESTMENT BOARD PURSUANT TO SECTION 22-41-102.5 (5) AND TO PAY10 |
---|
| 1897 | + | FOR ANY REIMBURSEMENT FOR TRAVEL AND OTHER NECESSARY EXPENSES11 |
---|
| 1898 | + | INCURRED BY THE MEMBERS OF THE PUBLIC SCHOOL FUND INVESTMENT12 |
---|
| 1899 | + | BOARD PURSUANT TO SECTION 22-41-102.5 (2);13 |
---|
| 1900 | + | (II) AFTER THE APPROPRIATION MADE PURSUANT TO SUBSECTION14 |
---|
| 1901 | + | (3)(i)(I) OF THIS SECTION, THE LESSER OF ALL INTEREST AND INCOME OR15 |
---|
| 1902 | + | ELEVEN MILLION DOLLARS IS CREDITED TO THE STATE PUBLIC SCHOOL16 |
---|
| 1903 | + | FUND CREATED IN SECTION 22-54-114 FOR DISTRIBUTION AS PROVIDED IN17 |
---|
| 1904 | + | THAT SECTION;18 |
---|
| 1905 | + | (III) AFTER MONEY IN THE PUBLIC SCHOOL FUND HAS BEEN19 |
---|
| 1906 | + | APPROPRIATED OR CREDITED PURSUANT TO SUBSECTIONS (3)(i)(I) AND20 |
---|
| 1907 | + | (3)(i)(II) OF THIS SECTION, THE LESSER OF ALL INTEREST AND INCOME OR21 |
---|
| 1908 | + | THIRTY MILLION DOLLARS IS CREDITED TO THE RESTRICTED ACCOUNT OF22 |
---|
| 1909 | + | THE PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE FUND CREATED23 |
---|
| 1910 | + | IN SECTION 22-43.7-104 (5) FOR USE AS PROVIDED IN THAT SECTION; AND24 |
---|
| 1911 | + | (IV) ANY ADDITIONAL INTEREST AND INCOME REMAINING IN THE25 |
---|
| 1912 | + | PUBLIC SCHOOL FUND MAY BE CREDITED AS SPECIFIED BY THE GENERAL26 |
---|
| 1913 | + | ASSEMBLY, TAKING INTO CONSIDERATION THE RECOMMENDATIONS OF THE27 |
---|
| 1914 | + | 1448 |
---|
| 1915 | + | -59- PUBLIC SCHOOL FUND INVESTMENT BOARD DESCRIBED IN SECTION1 |
---|
| 1916 | + | 22-41-102.5 (4)(a)(III), OR, IF NOT CREDITED PURSUANT TO THIS2 |
---|
| 1917 | + | SUBSECTION (3)(i)(IV), REMAINS IN THE PUBLIC SCHOOL FUND.3 |
---|
| 1918 | + | (j) F |
---|
| 1919 | + | OR THE 2025-26 STATE FISCAL YEAR, INTEREST |
---|
| 1920 | + | AND INCOME4 |
---|
| 1921 | + | EARNED ON THE INVESTMENT OF THE MONEY IN THE PUBLIC SCHOOL FUND5 |
---|
| 1922 | + | MUST BE USED OR CREDITED AS FOLLOWS :6 |
---|
| 1923 | + | 7 |
---|
| 1924 | + | (I) THE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE TO8 |
---|
| 1925 | + | THE STATE TREASURER AN AMOUNT NECESSARY TO PAY FOR THE SERVICES9 |
---|
| 1926 | + | OF THE INVESTMENT CONSULTANT HIRED BY THE PUBLIC SCHOOL FUND10 |
---|
| 1927 | + | INVESTMENT BOARD PURSUANT TO SECTION 22-41-102.5 (5) AND TO PAY11 |
---|
| 1928 | + | FOR ANY REIMBURSEMENT FOR TRAVEL AND OTHER NECESSARY EXPENSES12 |
---|
| 1929 | + | INCURRED BY THE MEMBERS OF THE PUBLIC SCHOOL FUND INVESTMENT13 |
---|
| 1930 | + | BOARD PURSUANT TO SECTION 22-41-102.5 (2);14 |
---|
| 1931 | + | (II) AFTER THE APPROPRIATION MADE PURSUANT TO SUBSECTION15 |
---|
| 1932 | + | (3)(j)(I) OF THIS SECTION, THE LESSER OF ALL INTEREST AND INCOME OR16 |
---|
| 1933 | + | FIVE MILLION DOLLARS IS CREDITED TO THE STATE PUBLIC SCHOOL FUND17 |
---|
| 1934 | + | CREATED IN SECTION 22-54-114 FOR DISTRIBUTION AS PROVIDED IN THAT18 |
---|
| 1935 | + | SECTION;19 |
---|
| 1936 | + | (III) AFTER MONEY IN THE PUBLIC SCHOOL FUND HAS BEEN20 |
---|
| 1937 | + | APPROPRIATED OR CREDITED PURSUANT TO SUBSECTIONS (3)(j)(I) AND21 |
---|
| 1938 | + | (3)(j)(II) OF THIS SECTION, THE LESSER OF ALL INTEREST AND INCOME OR22 |
---|
| 1939 | + | THIRTY-SIX MILLION DOLLARS IS CREDITED TO THE RESTRICTED ACCOUNT23 |
---|
| 1940 | + | OF THE PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE FUND24 |
---|
| 1941 | + | CREATED IN SECTION 22-43.7-104 (5) FOR USE AS PROVIDED IN THAT25 |
---|
| 1942 | + | SECTION; AND26 |
---|
| 1943 | + | (IV) ANY ADDITIONAL INTEREST AND INCOME REMAINING IN THE27 |
---|
| 1944 | + | 1448 |
---|
| 1945 | + | -60- PUBLIC SCHOOL FUND MAY BE CREDITED AS SPECIFIED BY THE GENERAL1 |
---|
| 1946 | + | ASSEMBLY, TAKING INTO CONSIDERATION THE RECOMMENDATIONS OF THE2 |
---|
| 1947 | + | PUBLIC SCHOOL FUND INVESTMENT BOARD DESCRIBED IN SECTION3 |
---|
| 1948 | + | 22-41-102.5 (4)(a)(III), OR, IF NOT CREDITED PURSUANT TO THIS4 |
---|
| 1949 | + | SUBSECTION (3)(j)(IV), REMAINS IN THE PUBLIC SCHOOL FUND.5 |
---|
| 1950 | + | (k) FOR THE 2026-27 STATE FISCAL YEAR AND EACH STATE FISCAL6 |
---|
| 1951 | + | YEAR THEREAFTER, INTEREST AND INCOME EARNED ON THE INVESTMENT7 |
---|
| 1952 | + | OF THE MONEY IN THE PUBLIC SCHOOL FUND MUST BE USED OR CREDITED8 |
---|
| 1953 | + | AS FOLLOWS:9 |
---|
| 1954 | + | (I) THE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE TO10 |
---|
| 1955 | + | THE STATE TREASURER AN AMOUNT NECESSARY TO PAY FOR THE SERVICES11 |
---|
| 1956 | + | OF THE INVESTMENT CONSULTANT HIRED BY THE PUBLIC SCHOOL FUND12 |
---|
| 1957 | + | INVESTMENT BOARD PURSUANT TO SECTION 22-41-102.5 (5) AND TO PAY13 |
---|
| 1958 | + | FOR ANY REIMBURSEMENT FOR TRAVEL AND OTHER NECESSARY EXPENSES14 |
---|
| 1959 | + | INCURRED BY THE MEMBERS OF THE PUBLIC SCHOOL FUND INVESTMENT15 |
---|
| 1960 | + | BOARD PURSUANT TO SECTION 22-41-102.5 (2);16 |
---|
| 1961 | + | (II) AFTER MONEY IN THE PUBLIC SCHOOL FUND HAS BEEN17 |
---|
| 1962 | + | APPROPRIATED PURSUANT TO SUBSECTION (3)(k)(I) OF THIS SECTION, THE18 |
---|
| 1963 | + | LESSER OF ALL INTEREST AND INCOME OR FORTY-ONE MILLION DOLLARS19 |
---|
| 1964 | + | IS CREDITED TO THE RESTRICTED ACCOUNT OF THE PUBLIC SCHOOL20 |
---|
| 1965 | + | CAPITAL CONSTRUCTION ASSISTANCE FUND CREATED IN SECTION21 |
---|
| 1966 | + | 22-43.7-104 (5) FOR USE AS PROVIDED IN THAT SECTION; AND22 |
---|
| 1967 | + | (III) ANY ADDITIONAL INTEREST AND INCOME REMAINING IN THE23 |
---|
| 1968 | + | PUBLIC SCHOOL FUND MAY BE CREDITED AS SPECIFIED BY THE GENERAL24 |
---|
| 1969 | + | ASSEMBLY, TAKING INTO CONSIDERATION THE RECOMMENDATIONS OF THE25 |
---|
| 1970 | + | PUBLIC SCHOOL FUND INVESTMENT BOARD DESCRIBED IN SECTION26 |
---|
| 1971 | + | 22-41-102.5 (4)(a)(III), OR, IF NOT CREDITED PURSUANT TO THIS27 |
---|
| 1972 | + | 1448 |
---|
| 1973 | + | -61- SUBSECTION (3)(k)(III), REMAINS IN THE PUBLIC SCHOOL FUND.1 |
---|
| 1974 | + | SECTION 11. In Colorado Revised Statutes, 22-43.7-104,2 |
---|
| 1975 | + | amend (2)(d) as follows:3 |
---|
| 1976 | + | 22-43.7-104. Public school capital construction assistance fund4 |
---|
| 1977 | + | - creation - crediting of money to fund - use of fund - emergency5 |
---|
| 1978 | + | reserve - creation - reserve account - creation and use. (2) (d) (I) For6 |
---|
| 1979 | + | the state fiscal year commencing July 1, 2018, the state treasurer,7 |
---|
| 1980 | + | as provided in section 39-28.8-305 (1)(a), shall credit to the assistance8 |
---|
| 1981 | + | fund the greater of the first forty million dollars received and collected9 |
---|
| 1982 | + | from the excise tax on retail marijuana imposed pursuant to part 3 of10 |
---|
| 1983 | + | article 28.8 of title 39 or ninety percent of the money received and11 |
---|
| 1984 | + | collected from the tax. For the state fiscal year commencing July 1, 2019,12 |
---|
| 1985 | + | and for each state fiscal year thereafter except for the state fiscal year13 |
---|
| 1986 | + | commencing July 1, 2020, the state treasurer, as provided in section14 |
---|
| 1987 | + | 39-28.8-305 (1)(a), shall annually credit to the assistance fund all of the15 |
---|
| 1988 | + | money received and collected from the excise tax on retail marijuana16 |
---|
| 1989 | + | imposed pursuant to part 3 of article 28.8 of title 39. For the state fiscal17 |
---|
| 1990 | + | year commencing July 1, 2020, the state treasurer, as provided in section18 |
---|
| 1991 | + | 39-28.8-305 (1)(a), shall credit to the assistance fund the lesser of the first19 |
---|
| 1992 | + | forty million dollars received and collected from the excise tax on retail20 |
---|
| 1993 | + | marijuana imposed pursuant to part 3 of article 28.8 of title 39 or all of21 |
---|
| 1994 | + | the money received and collected from the tax. For state fiscal years22 |
---|
| 1995 | + | commencing before July 1, 2019, the state treasurer shall credit twelve23 |
---|
| 1996 | + | and five-tenths percent of the amount annually credited pursuant to this24 |
---|
| 1997 | + | subsection (2)(d) to the charter school facilities assistance account, which25 |
---|
| 1998 | + | account is created within the assistance fund. For each state fiscal year26 |
---|
| 1999 | + | commencing on or after July 1, 2019, the state treasurer shall credit to the27 |
---|
| 2000 | + | 1448 |
---|
| 2001 | + | -62- charter school facilities assistance account a percentage of the amount1 |
---|
| 2002 | + | credited pursuant to this subsection (2)(d) that is equal to the percentage2 |
---|
| 2003 | + | of pupil enrollment, as defined in section 22-54-103 (10), statewide3 |
---|
| 2004 | + | represented by pupils who were enrolled in charter schools for the prior4 |
---|
| 2005 | + | school year. The department of education shall notify the state treasurer5 |
---|
| 2006 | + | of the applicable percentage no later than June 1 of the immediately6 |
---|
| 2007 | + | preceding fiscal year.7 |
---|
| 2008 | + | (II) I |
---|
| 2009 | + | N ADDITION TO THE CREDIT MADE TO THE CHARTER SCHOOL8 |
---|
| 2010 | + | FACILITIES ASSISTANCE ACCOUNT PURSUANT TO SUBSECTION (2)(d)(I) OF9 |
---|
| 2011 | + | THIS SECTION, THE STATE TREASURER SHALL CREDIT THE FOLLOWING10 |
---|
| 2012 | + | AMOUNTS TO THE CHARTER SCHOOL FACILITIES ASSISTANCE ACCOUNT11 |
---|
| 2013 | + | FROM THE PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE FUND :12 |
---|
875 | | - | OR THE 2028-29 BUDGET YEAR, THE AMOUNT CALCULATED |
---|
876 | | - | PURSUANT TO SECTION |
---|
877 | | - | 22-54-104 PLUS AN AMOUNT EQUAL TO SIXTY -SIX |
---|
878 | | - | PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICT |
---|
879 | | - | 'S TOTAL PROGRAM |
---|
880 | | - | CALCULATION PURSUANT TO SECTION |
---|
881 | | - | 22-54-103.5 AND THE DISTRICT'S |
---|
882 | | - | TOTAL PROGRAM CALCULATION PURSUANT TO SECTION |
---|
883 | | - | 22-54-104; AND |
---|
884 | | - | (e) FOR THE 2029-30 BUDGET YEAR, THE AMOUNT CALCULATED |
---|
885 | | - | PURSUANT TO SECTION |
---|
886 | | - | 22-54-104 PLUS AN AMOUNT EQUAL TO EIGHTY-TWO |
---|
887 | | - | PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICT |
---|
888 | | - | 'S TOTAL PROGRAM |
---|
889 | | - | CALCULATION PURSUANT TO SECTION |
---|
890 | | - | 22-54-103.5 AND THE DISTRICT'S |
---|
891 | | - | TOTAL PROGRAM CALCULATION PURSUANT TO SECTION |
---|
892 | | - | 22-54-104. |
---|
893 | | - | (4) F |
---|
894 | | - | OR THE 2024-25 BUDGET YEAR THROUGH THE 2029-30 BUDGET |
---|
895 | | - | YEAR |
---|
896 | | - | , THE JOINT BUDGET COMMITTEE SHALL MONITOR THE FISCAL IMPACT |
---|
897 | | - | OF THE DISTRICT TOTAL PROGRAM DETERMINATIONS PURSUANT TO THIS |
---|
898 | | - | SECTION AND THE FISCAL IMPACT OF THE TRANSITION TO THE TOTAL |
---|
899 | | - | PROGRAM FORMULA PURSUANT TO SECTION |
---|
900 | | - | 22-54-103.5. AT A MINIMUM, |
---|
901 | | - | THE JOINT BUDGET COMMITTEE SHALL CONSIDER IMMEDIATE AND |
---|
902 | | - | FORECASTED ECONOMIC CONDITIONS |
---|
903 | | - | , THE IMPACT OR TREND OF THE |
---|
904 | | - | STATEWIDE TOTAL LOCAL SHARE OF TOTAL PROGRAM FUNDING |
---|
905 | | - | , THE IMPACT |
---|
906 | | - | OR TREND OF THE STATE EDUCATION FUND |
---|
907 | | - | , AND ANY OTHER DATA-DRIVEN |
---|
908 | | - | CONSIDERATIONS NECESSARY TO ENSURE THE SUSTAINABLE TRANSITION TO |
---|
909 | | - | AND IMPLEMENTATION OF A NEW TOTAL PROGRAM FORMULA |
---|
910 | | - | . THE JOINT |
---|
911 | | - | BUDGET COMMITTEE AND THE GENERAL ASSEMBLY MAY TAKE ACTION |
---|
912 | | - | NECESSARY TO ENSURE THE SUSTAINABLE TRANSITION TO AND |
---|
913 | | - | IMPLEMENTATION OF A NEW TOTAL PROGRAM FORMULA |
---|
914 | | - | . ON OR AFTER |
---|
915 | | - | JANUARY 1, 2025, WHEN THE DEPARTMENT OF EDUCATION MAKES MID -YEAR |
---|
916 | | - | ADJUSTMENTS |
---|
917 | | - | , THE JOINT BUDGET COMMITTEE SHALL DEVELOP A |
---|
918 | | - | SUSTAINABILITY PLAN THAT MAKES FINDINGS AND RECOMMENDATIONS |
---|
919 | | - | PAGE 23-HOUSE BILL 24-1448 REGARDING HOW THE GENERAL ASSEMBLY CAN FULLY FUND TOTAL |
---|
920 | | - | PROGRAM DETERMINATIONS PURSUANT TO SECTIONS |
---|
921 | | - | 22-54-103.3 AND |
---|
922 | | - | 22-54-103.5. ON OR AFTER JANUARY 1, 2026, AND ON OR AFTER JANUARY |
---|
923 | | - | 1 EACH YEAR THEREAFTER, WHEN THE DEPARTMENT OF EDUCATION MAKES |
---|
924 | | - | MID |
---|
925 | | - | -YEAR ADJUSTMENTS, THE JOINT BUDGET COMMITTEE SHALL REVIEW THE |
---|
926 | | - | SUSTAINABILITY PLAN AND UPDATE IT AS NECESSARY |
---|
927 | | - | . |
---|
928 | | - | (5) (a) A |
---|
929 | | - | S USED IN THIS SUBSECTION (5), UNLESS THE CONTEXT |
---|
930 | | - | OTHERWISE REQUIRES |
---|
931 | | - | : |
---|
932 | | - | (I) "A |
---|
933 | | - | SSESSMENT YEAR" MEANS A BUDGET YEAR WHEN THE LATTER |
---|
934 | | - | HALF OF THE BUDGET YEAR OCCURS DURING AN EVEN |
---|
935 | | - | -NUMBERED CALENDAR |
---|
936 | | - | YEAR |
---|
937 | | - | . |
---|
938 | | - | (II) "I |
---|
939 | | - | NFLATION" MEANS, FOR ANY BUDGET YEAR , THE ANNUAL |
---|
940 | | - | PERCENTAGE CHANGE IN THE |
---|
941 | | - | UNITED STATES DEPARTMENT OF LABOR |
---|
942 | | - | STATISTICS CONSUMER PRICE INDEX FOR |
---|
943 | | - | DENVER-BOULDER, OR ITS |
---|
944 | | - | APPLICABLE SUCCESSOR INDEX |
---|
945 | | - | , FOR ALL ITEMS PAID BY ALL URBAN |
---|
946 | | - | CONSUMERS FOR THE CALENDAR YEAR BEFORE THE APPLICABLE BUDGET |
---|
947 | | - | YEAR |
---|
948 | | - | . |
---|
949 | | - | (III) "N |
---|
950 | | - | ON-ASSESSMENT YEAR" MEANS A BUDGET YEAR WHEN THE |
---|
951 | | - | LATTER HALF OF THE BUDGET YEAR OCCURS DURING AN ODD |
---|
952 | | - | -NUMBERED |
---|
953 | | - | CALENDAR YEAR |
---|
954 | | - | . |
---|
955 | | - | (b) (I) N |
---|
956 | | - | OTWITHSTANDING ANY PROVISION OF THIS ARTICLE 54, FOR |
---|
957 | | - | THE |
---|
958 | | - | 2024-25 BUDGET YEAR THROUGH THE 2029-30 BUDGET YEARS, IF THE |
---|
959 | | - | JOINT BUDGET COMMITTEE DETERMINES THAT ANY ONE OF THE CONDITIONS |
---|
960 | | - | DESCRIBED IN SUBSECTION |
---|
961 | | - | (5)(c) OF THIS SECTION OCCURRED: |
---|
962 | | - | (A) F |
---|
963 | | - | OR THE NEXT BUDGET YEAR , AND FOR EACH BUDGET YEAR |
---|
964 | | - | THEREAFTER |
---|
965 | | - | , THE DEPARTMENT OF EDUCATION SHALL CALCULATE AND |
---|
966 | | - | DETERMINE EACH DISTRICT |
---|
967 | | - | 'S TOTAL PROGRAM PURSUANT TO THE |
---|
968 | | - | CALCULATION AND DETERMINATION REQUIRED FOR THE B UDGET YEAR WHEN |
---|
969 | | - | THE CONDITION DESCRIBED IN SUBSECTION |
---|
970 | | - | (5)(c) OF THIS SECTION |
---|
971 | | - | OCCURRED |
---|
972 | | - | ; AND |
---|
973 | | - | (B) THE JOINT BUDGET COMMITTEE SHALL PROMPTLY NOTIFY THE |
---|
974 | | - | SPEAKER OF THE HOUSE OF REPRESENTATIVES |
---|
975 | | - | ; THE PRESIDENT OF THE |
---|
976 | | - | SENATE |
---|
977 | | - | ; THE MINORITY LEADERS OF THE HOUSE OF REPRESENTATIVES AND |
---|
978 | | - | PAGE 24-HOUSE BILL 24-1448 THE SENATE; THE EDUCATION COMMITTEES OF THE HOUSE OF |
---|
979 | | - | REPRESENTATIVES AND THE SENATE |
---|
980 | | - | , OR ANY SUCCESSOR COMMITTEES; AND |
---|
981 | | - | THE COMMISSIONER OF THE DEPARTMENT OF EDUCATION THAT THE |
---|
982 | | - | CONDITION DESCRIBED IN SUBSECTION |
---|
983 | | - | (5)(c) OF THIS SECTION OCCURRED, |
---|
984 | | - | AND THAT EACH DISTRICT'S TOTAL PROGRAM WILL BE CALCULATED AND |
---|
985 | | - | DETERMINED PURSUANT TO SUBSECTION |
---|
986 | | - | (5)(b)(I) OF THIS SECTION FOR THE |
---|
987 | | - | NEXT BUDGET YEAR |
---|
988 | | - | , AND FOR EACH BUDGET YEAR THEREAFTER . |
---|
989 | | - | (II) N |
---|
990 | | - | OTWITHSTANDING ANY PROVISION OF THIS ARTICLE 54, DURING |
---|
991 | | - | THE |
---|
992 | | - | 2024-25 BUDGET YEAR, IF THE JOINT BUDGET COMMITTEE DETERMINES |
---|
993 | | - | THAT ANY ONE OF THE CONDITIONS DESCRIBED IN SUBSECTION |
---|
994 | | - | (5)(c) OF THIS |
---|
995 | | - | SECTION OCCURRED |
---|
996 | | - | , FOR THE 2025-26 BUDGET YEAR, THE DEPARTMENT OF |
---|
997 | | - | EDUCATION SHALL CALCULATE AND DETERMINE EACH DISTRICT |
---|
998 | | - | 'S TOTAL |
---|
999 | | - | PROGRAM PURSUANT TO THE CALCULATION AND DETERMINATION REQUIRED |
---|
1000 | | - | PURSUANT TO SECTION |
---|
1001 | | - | 22-54-104. |
---|
1002 | | - | (c) (I) T |
---|
1003 | | - | HE REQUIREMENTS DESCRIBED IN SUBSECTION (5)(b) OF THIS |
---|
1004 | | - | SECTION ARE INITIATED IF |
---|
1005 | | - | : |
---|
1006 | | - | (A) I |
---|
1007 | | - | N AN ASSESSMENT YEAR , THE PERCENT CHANGE IN THE |
---|
1008 | | - | STATEWIDE TOTAL LOCAL SHARE OF TOTAL PROGRAM FUNDING FOR THE |
---|
1009 | | - | CURRENT BUDGET YEAR TO THE STATEWIDE TOTAL LOCAL SHARE OF THE |
---|
1010 | | - | TOTAL PROGRAM FUNDING FOR THE PRIOR BUDGET YEAR IS AN AMOUNT |
---|
1011 | | - | THAT IS LESS THAN INFLATION MINUS TWO PERCENT |
---|
1012 | | - | ; |
---|
1013 | | - | (B) I |
---|
1014 | | - | N A NON-ASSESSMENT YEAR, THE STATEWIDE TOTAL LOCAL |
---|
1015 | | - | SHARE OF TOTAL PROGRAM FUNDING FOR THE CURRENT BUDGET YEAR |
---|
1016 | | - | COMPARED TO THE STATEWIDE TOTAL LOCAL SHARE OF THE TOTAL PROGRAM |
---|
1017 | | - | FUNDING FOR THE PRIOR BUDGET YEAR IS AN AMOUNT THAT DECREASED BY |
---|
1018 | | - | TWO PERCENT OR MORE |
---|
1019 | | - | ; OR |
---|
1020 | | - | (C) IN EITHER AN ASSESSMENT YEAR OR A NON -ASSESSMENT YEAR, |
---|
1021 | | - | THE MARCH REVENUE FORECAST RELIED ON BY THE GENERAL ASSEMBLY IN |
---|
1022 | | - | SETTING THE BUDGET FOR THE NEXT STATE FISCAL YEAR ESTIMATES THAT |
---|
1023 | | - | THE INCOME TAX DIVERSION TO THE STATE EDUCATION FUND |
---|
1024 | | - | , AS REQUIRED |
---|
1025 | | - | PURSUANT TO SECTION |
---|
1026 | | - | 17 OF ARTICLE IX OF THE STATE CONSTITUTION, WILL |
---|
1027 | | - | DECREASE BY FIVE PERCENT OR MORE IN EITHER THE CURRENT BUDGET YEAR |
---|
1028 | | - | OR THE NEXT BUDGET YEAR |
---|
1029 | | - | . |
---|
1030 | | - | (II) T |
---|
1031 | | - | HE REQUIREMENTS DESCRIBED IN SUBSECTION (5)(b) OF THIS |
---|
1032 | | - | PAGE 25-HOUSE BILL 24-1448 SECTION ARE INITIATED IF ANY OF THE FOLLOWING ESTIMATE THAT THE |
---|
1033 | | - | CONDITIONS DESCRIBED IN SUBSECTION |
---|
1034 | | - | (5)(c)(I)(A) OR (5)(c)(I)(B) OF THIS |
---|
1035 | | - | SECTION WILL OCCUR |
---|
1036 | | - | : |
---|
1037 | | - | (A) I |
---|
1038 | | - | NFORMATION CONCERNING LOCAL SHARE OF TOTAL PROGRAM |
---|
1039 | | - | FUNDING RELEVANT TO THIS ARTICLE |
---|
1040 | | - | 54 CONTAINED IN A DECEMBER |
---|
1041 | | - | REVENUE FORECAST PREPARED BY THE LEGISLATIVE COUNCIL STAFF |
---|
1042 | | - | ; |
---|
1043 | | - | (B) I |
---|
1044 | | - | NFORMATION CONTAINED IN THE FINAL FISCAL NOTE PREPARED |
---|
1045 | | - | BY THE LEGISLATIVE COUNCIL STAFF CONCERNING THE ESTIMATED IMPACT |
---|
1046 | | - | OF AN ACT OF THE GENERAL ASSEMBLY THAT BECOMES LAW THAT REDUCES |
---|
1047 | | - | PROPERTY TAXES |
---|
1048 | | - | ; OR |
---|
1049 | | - | (C) INFORMATION CONTAINED IN THE FISCAL IMPACT STATEMENT IN |
---|
1050 | | - | THE BALLOT INFORMATION BOOKLET PREPARED BY THE DIRECTOR OF |
---|
1051 | | - | RESEARCH OF THE LEGISLATIVE COUNCIL OF THE GENERAL ASSEMBLY |
---|
1052 | | - | PURSUANT TO SECTION |
---|
1053 | | - | 1-40-124.5, CONCERNING THE ESTIMATED IMPACT OF |
---|
1054 | | - | AN INITIATIVE OR REFERRED MEASURE THAT IS APPROVED BY THE PEOPLE |
---|
1055 | | - | AND BECOMES LAW UPON OFFICIAL DECLARATION OF THE VOTE BY THE |
---|
1056 | | - | GOVERNOR |
---|
1057 | | - | , THAT REDUCES PROPERTY TAXES . |
---|
1058 | | - | (6) T |
---|
1059 | | - | HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2031. |
---|
1060 | | - | SECTION 7. In Colorado Revised Statutes, add 22-54-103.5 as |
---|
1061 | | - | follows: |
---|
1062 | | - | 22-54-103.5. District total program - rules - legislative |
---|
1063 | | - | declaration - repeal. (1) (a) F |
---|
1064 | | - | OR THE 2030-31 BUDGET YEAR AND EACH |
---|
1065 | | - | BUDGET YEAR THEREAFTER |
---|
1066 | | - | , THE DEPARTMENT OF EDUCATION SHALL USE |
---|
1067 | | - | THIS SECTION TO DETERMINE EACH DISTRICT |
---|
1068 | | - | 'S TOTAL PROGRAM. THE |
---|
1069 | | - | DISTRICT |
---|
1070 | | - | 'S TOTAL PROGRAM IS AVAILABLE TO THE DISTRICT TO FUND THE |
---|
1071 | | - | COSTS OF PROVIDING PUBLIC EDUCATION |
---|
1072 | | - | , AND, EXCEPT AS OTHERWISE |
---|
1073 | | - | PROVIDED IN SECTION |
---|
1074 | | - | 22-54-105, THE DISTRICT HAS THE DISCRETION TO |
---|
1075 | | - | DETERMINE THE AMOUNTS AND PURPOSES FOR BUDGETING AND EXPENDING |
---|
1076 | | - | ITS DISTRICT TOTAL PROGRAM MONEY |
---|
1077 | | - | . |
---|
1078 | | - | (b) N |
---|
1079 | | - | OTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION TO THE |
---|
1080 | | - | CONTRARY |
---|
1081 | | - | , IF A DISTRICT IS AN INSTITUTE CHARTER SCHOOL'S ACCOUNTING |
---|
1082 | | - | DISTRICT |
---|
1083 | | - | , THEN THE DISTRICT TOTAL PROGRAM DETERMINATION PURSUANT |
---|
1084 | | - | TO THIS SECTION ALSO REPRESENTS THE INSTITUTE CHARTER SCHOOL |
---|
1085 | | - | 'S |
---|
1086 | | - | PAGE 26-HOUSE BILL 24-1448 FINANCIAL BASE OF SUPPORT FOR PUBLIC EDUCATION , EVEN THOUGH THE |
---|
1087 | | - | INSTITUTE CHARTER SCHOOL IS NOT THE DISTRICT |
---|
1088 | | - | 'S SCHOOL. THE AMOUNT |
---|
1089 | | - | OF THE DISTRICT |
---|
1090 | | - | 'S STATE SHARE OF TOTAL PROGRAM THAT IS WITHHELD |
---|
1091 | | - | FROM THE DISTRICT AND PAID TO THE STATE CHARTER SCHOOL INSTITUTE |
---|
1092 | | - | PURSUANT TO SECTION |
---|
1093 | | - | 22-54-115 (1.3) IS NOT AVAILABLE TO OR UNDER THE |
---|
1094 | | - | CONTROL OF THE DISTRICT BUT IS AVAILABLE TO AND UNDER THE CONTROL |
---|
1095 | | - | OF THE INSTITUTE CHARTER SCHOOL |
---|
1096 | | - | 'S GOVERNING BOARD TO FUND THE |
---|
1097 | | - | COSTS OF PROVIDING PUBLIC EDUCATION TO STUDENTS ENROLLED IN THE |
---|
1098 | | - | INSTITUTE CHARTER SCHOOL |
---|
1099 | | - | . THE INSTITUTE CHARTER SCHOOL HAS THE |
---|
1100 | | - | DISCRETION TO DETERMINE THE AMOUNTS AND PURPOSES FOR BUDGETING |
---|
1101 | | - | AND EXPENDING ITS TOTAL PROGRAM MONEY |
---|
1102 | | - | . |
---|
1103 | | - | (c) (I) N |
---|
1104 | | - | OTWITHSTANDING ANY PROVISION OF LAW TO THE |
---|
1105 | | - | CONTRARY |
---|
1106 | | - | , FOR THE 2025-26 BUDGET YEAR THROUGH THE 2029-30 BUDGET |
---|
1107 | | - | YEAR |
---|
1108 | | - | , THE DEPARTMENT OF EDUCATION SHALL CALCULATE EACH DISTRICT 'S |
---|
1109 | | - | TOTAL PROGRAM PURSUANT TO THIS SECTION FOR THE PURPOSE OF |
---|
1110 | | - | DETERMINING EACH DISTRICT |
---|
1111 | | - | 'S TOTAL PROGRAM PURSUANT TO SECTION |
---|
1112 | | - | 22-54-103.3. THE DISTRICT'S TOTAL PROGRAM IS AVAILABLE TO THE |
---|
1113 | | - | DISTRICT TO FUND THE COSTS OF PROVIDING PUBLIC EDUCATION |
---|
1114 | | - | , AND, |
---|
1115 | | - | EXCEPT AS OTHERWISE PROVIDED IN SECTION 22-54-105, THE DISTRICT HAS |
---|
1116 | | - | THE DISCRETION TO DETERMINE THE AMOUNTS AND PURPOSES FOR |
---|
1117 | | - | BUDGETING AND EXPENDING ITS DISTRICT TOTAL PROGRAM MONEY |
---|
1118 | | - | . |
---|
1119 | | - | (II) N |
---|
1120 | | - | OTWITHSTANDING SUBSECTION (1)(c)(I) OF THIS SECTION TO |
---|
1121 | | - | THE CONTRARY |
---|
1122 | | - | , IF A DISTRICT IS AN INSTITUTE CHARTER SCHOOL 'S |
---|
1123 | | - | ACCOUNTING DISTRICT |
---|
1124 | | - | , THEN THE DISTRICT TOTAL PROGRAM CALCULATION |
---|
1125 | | - | PURSUANT TO THIS SECTION ALSO REPRESENTS THE INSTITUTE CHARTER |
---|
1126 | | - | SCHOOL |
---|
1127 | | - | 'S FINANCIAL BASE OF SUPPORT FOR PUBLIC EDUCATION , EVEN |
---|
1128 | | - | THOUGH THE INSTITUTE CHARTER SCHOOL IS NOT THE DISTRICT |
---|
1129 | | - | 'S SCHOOL. |
---|
1130 | | - | T |
---|
1131 | | - | HE AMOUNT OF THE DISTRICT'S STATE SHARE OF TOTAL PROGRAM THAT IS |
---|
1132 | | - | WITHHELD FROM THE DISTRICT AND PAID TO THE STATE CHARTER SCHOOL |
---|
1133 | | - | INSTITUTE PURSUANT TO SECTION |
---|
1134 | | - | 22-54-115 (1.3) IS NOT AVAILABLE TO OR |
---|
1135 | | - | UNDER THE CONTROL OF THE DISTRICT BUT IS AVAILABLE TO AND UNDER THE |
---|
1136 | | - | CONTROL OF THE INSTITUTE CHARTER SCHOOL |
---|
1137 | | - | 'S GOVERNING BOARD TO FUND |
---|
1138 | | - | THE COSTS OF PROVIDING PUBLIC EDUCATION TO STUDENTS ENROLLED IN |
---|
1139 | | - | THE INSTITUTE CHARTER SCHOOL |
---|
1140 | | - | . THE INSTITUTE CHARTER SCHOOL HAS THE |
---|
1141 | | - | DISCRETION TO DETERMINE THE AMOUNTS AND PURPOSES FOR BUDGETING |
---|
1142 | | - | AND EXPENDING ITS TOTAL PROGRAM MONEY |
---|
1143 | | - | . |
---|
1144 | | - | (III) T |
---|
1145 | | - | HIS SUBSECTION (1)(c) IS REPEALED, EFFECTIVE JULY 1, 2031. |
---|
1146 | | - | PAGE 27-HOUSE BILL 24-1448 (2) District total program formula. A DISTRICT'S TOTAL PROGRAM |
---|
1147 | | - | IS |
---|
1148 | | - | : |
---|
1149 | | - | D |
---|
1150 | | - | ISTRICT FOUNDATION FUNDING |
---|
1151 | | - | + DISTRICT AT-RISK FUNDING |
---|
1152 | | - | + DISTRICT ENGLISH LANGUAGE LEARNER FUNDING |
---|
1153 | | - | + DISTRICT SPECIAL EDUCATION FUNDING |
---|
1154 | | - | + DISTRICT COST OF LIVING FACTOR FUNDING |
---|
1155 | | - | + DISTRICT LOCALE FACTOR FUNDING |
---|
1156 | | - | + DISTRICT SIZE FACTOR FUNDING |
---|
1157 | | - | + DISTRICT EXTENDED HIGH SCHOOL FUNDING |
---|
1158 | | - | + DISTRICT ONLINE FUNDING. |
---|
1159 | | - | (3) Statewide base per pupil funding. (Reserved) |
---|
1160 | | - | (4) Funded pupil count. Funded pupil count is: |
---|
1161 | | - | (a) T |
---|
1162 | | - | HE DISTRICT'S ONLINE PUPIL ENROLLMENT FOR THE APPLICABLE |
---|
1163 | | - | BUDGET YEAR PLUS THE DISTRICT |
---|
1164 | | - | 'S SUPPLEMENTAL KINDERGARTEN |
---|
1165 | | - | ENROLLMENT FOR THE APPLICABLE BUDGET YEAR PLUS THE DISTRICT |
---|
1166 | | - | 'S |
---|
1167 | | - | EXTENDED HIGH SCHOOL PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET |
---|
1168 | | - | YEAR PLUS THE GREATER OF |
---|
1169 | | - | : |
---|
1170 | | - | (I) T |
---|
1171 | | - | HE DISTRICT'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET |
---|
1172 | | - | YEAR |
---|
1173 | | - | ; |
---|
1174 | | - | (II) T |
---|
1175 | | - | HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE |
---|
1176 | | - | APPLICABLE BUDGET YEAR AND THE DISTRICT |
---|
1177 | | - | 'S PUPIL ENROLLMENT FOR THE |
---|
1178 | | - | IMMEDIATELY PRECEDING BUDGET YEAR |
---|
1179 | | - | ; |
---|
1180 | | - | (III) T |
---|
1181 | | - | HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE |
---|
1182 | | - | APPLICABLE BUDGET YEAR AND THE DISTRICT |
---|
1183 | | - | 'S PUPIL ENROLLMENT FOR THE |
---|
1184 | | - | TWO IMMEDIATELY PRECEDING BUDGET YEARS |
---|
1185 | | - | ; OR |
---|
1186 | | - | (IV) THE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE |
---|
1187 | | - | APPLICABLE BUDGET YEAR AND THE DISTRICT |
---|
1188 | | - | 'S PUPIL ENROLLMENT FOR THE |
---|
1189 | | - | THREE IMMEDIATELY PRECEDING BUDGET YEARS |
---|
1190 | | - | . |
---|
1191 | | - | (b) (I) N |
---|
1192 | | - | OTWITHSTANDING ANY PROVISION OF LAW TO THE |
---|
1193 | | - | CONTRARY |
---|
1194 | | - | , FOR PURPOSES OF SUBSECTION (4)(a) OF THIS SECTION, A |
---|
1195 | | - | PAGE 28-HOUSE BILL 24-1448 DISTRICT'S FUNDED PUPIL COUNT INCLUDES THE CERTIFIED PUPIL |
---|
1196 | | - | ENROLLMENT AND ONLINE PUPIL ENROLLMENT OF EACH OPERATING |
---|
1197 | | - | INSTITUTE CHARTER SCHOOL FOR WHICH THE DISTRICT IS THE ACCOUNTING |
---|
1198 | | - | DISTRICT |
---|
1199 | | - | , AS PROVIDED PURSUANT TO SUBSECTIONS (4)(b)(II) AND |
---|
1200 | | - | (4)(b)(III) OF THIS SECTION. THE DEPARTMENT OF EDUCATION SHALL ADD |
---|
1201 | | - | THE INSTITUTE CHARTER SCHOOL |
---|
1202 | | - | 'S CERTIFIED PUPIL ENROLLMENT AND |
---|
1203 | | - | ONLINE PUPIL ENROLLMENT TO THE FUNDED PUPIL COUNT OF THE DISTRICT |
---|
1204 | | - | PRIOR TO CALCULATING THE DISTRICT |
---|
1205 | | - | 'S TOTAL PROGRAM PURSUANT TO THIS |
---|
1206 | | - | SECTION |
---|
1207 | | - | . |
---|
1208 | | - | (II) F |
---|
1209 | | - | OR PURPOSES OF SUBSECTION (4)(b)(I) OF THIS SECTION, EACH |
---|
1210 | | - | OPERATING INSTITUTE CHARTER SCHOOL |
---|
1211 | | - | 'S CERTIFIED PUPIL ENROLLMENT IS |
---|
1212 | | - | THE GREATER OF |
---|
1213 | | - | : |
---|
1214 | | - | (A) T |
---|
1215 | | - | HE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL |
---|
1216 | | - | ENROLLMENT FOR THE APPLICABLE BUDGET YEAR |
---|
1217 | | - | ; |
---|
1218 | | - | (B) T |
---|
1219 | | - | HE AVERAGE OF THE OPERATING INSTITUTE CHARTER SCHOOL 'S |
---|
1220 | | - | PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND THE OPERATING |
---|
1221 | | - | INSTITUTE CHARTER SCHOOL |
---|
1222 | | - | 'S PUPIL ENROLLMENT FOR THE IMMEDIATELY |
---|
1223 | | - | PRECEDING BUDGET YEAR |
---|
1224 | | - | ; |
---|
1225 | | - | (C) T |
---|
1226 | | - | HE AVERAGE OF THE OPERATING INSTITUTE CHARTER SCHOOL 'S |
---|
1227 | | - | PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND THE OPERATING |
---|
1228 | | - | INSTITUTE CHARTER SCHOOL |
---|
1229 | | - | 'S PUPIL ENROLLMENT FOR THE TWO |
---|
1230 | | - | IMMEDIATELY PRECEDING BUDGET YEARS |
---|
1231 | | - | ; OR |
---|
1232 | | - | (D) THE AVERAGE OF THE OPERATING INSTITUTE CHARTER SCHOOL 'S |
---|
1233 | | - | PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND THE OPERATING |
---|
1234 | | - | INSTITUTE CHARTER SCHOOL |
---|
1235 | | - | 'S PUPIL ENROLLMENT FOR THE THREE |
---|
1236 | | - | IMMEDIATELY PRECEDING BUDGET YEARS |
---|
1237 | | - | . |
---|
1238 | | - | (III) N |
---|
1239 | | - | OTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY , |
---|
1240 | | - | FOR PURPOSES OF SUBSECTION (4)(b)(II) OF THIS SECTION, AN OPERATING |
---|
1241 | | - | INSTITUTE CHARTER SCHOOL |
---|
1242 | | - | 'S PUPIL ENROLLMENT INCLUDES ITS ONLINE |
---|
1243 | | - | STUDENT ENROLLMENT |
---|
1244 | | - | , EXCEPT FOR MULTI-DISTRICT ONLINE SCHOOL |
---|
1245 | | - | STUDENT ENROLLMENT |
---|
1246 | | - | . |
---|
1247 | | - | (c) T |
---|
1248 | | - | HE GENERAL ASSEMBLY FINDS AND DECLARES THAT FOR THE |
---|
1249 | | - | PURPOSES OF SECTION |
---|
1250 | | - | 17 OF ARTICLE IX OF THE STATE CONSTITUTION , |
---|
1251 | | - | PAGE 29-HOUSE BILL 24-1448 AVERAGING A DISTRICT'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET |
---|
1252 | | - | YEAR AND THE DISTRICT |
---|
1253 | | - | 'S PUPIL ENROLLMENT FOR THE THREE IMMEDIATELY |
---|
1254 | | - | PRECEDING BUDGET YEARS PURSUANT TO THIS SUBSECTION |
---|
1255 | | - | (4), AND |
---|
1256 | | - | AVERAGING AN OPERATING INSTITUTE CHARTER SCHOOL |
---|
1257 | | - | 'S STUDENT |
---|
1258 | | - | ENROLLMENT AND ONLINE PUPIL ENROLLMENT PURSUANT TO THIS |
---|
1259 | | - | SUBSECTION |
---|
1260 | | - | (4), IS A PROGRAM FOR ACCOUNTABLE EDUCATION REFORM AND |
---|
1261 | | - | MAY THEREFORE RECEIVE FUNDING FROM THE STATE EDUCATION FUND |
---|
1262 | | - | CREATED IN SECTION |
---|
1263 | | - | 17 (4) OF ARTICLE IX OF THE STATE CONSTITUTION. |
---|
1264 | | - | (d) (I) N |
---|
1265 | | - | OTWITHSTANDING ANY PROVISION OF LAW TO THE |
---|
1266 | | - | CONTRARY |
---|
1267 | | - | , FOR THE PURPOSES OF THIS SUBSECTION (4), A DISTRICT'S PUPIL |
---|
1268 | | - | ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND A DISTRICT |
---|
1269 | | - | 'S PUPIL |
---|
1270 | | - | ENROLLMENT FOR A PRECEDING BUDGET YEAR DO NOT INCLUDE A PUPIL WHO |
---|
1271 | | - | IS OR WAS ENROLLED IN A CHARTER SCHOOL THAT WAS ORIGINALLY |
---|
1272 | | - | AUTHORIZED BY THE DISTRICT BUT WAS SUBSEQUENTLY CONVERTED |
---|
1273 | | - | , ON OR |
---|
1274 | | - | AFTER |
---|
1275 | | - | JULY 1, 2010, TO AN INSTITUTE CHARTER SCHOOL OR TO A CHARTER |
---|
1276 | | - | SCHOOL OF A DISTRICT CONTIGUOUS TO THE ORIGINALLY AUTHORIZING |
---|
1277 | | - | DISTRICT |
---|
1278 | | - | . |
---|
1279 | | - | (II) N |
---|
1280 | | - | OTWITHSTANDING ANY PROVISION OF THIS SUBSECTION (4) TO |
---|
1281 | | - | THE CONTRARY |
---|
1282 | | - | , FOR THE PURPOSES OF THIS SUBSECTION (4), IF A DISTRICT'S |
---|
1283 | | - | FUNDED PUPIL COUNT CALCULATED PURSUANT TO THIS SUBSECTION |
---|
1284 | | - | (4) FOR |
---|
1285 | | - | A BUDGET YEAR IS FEWER THAN SIXTY STUDENTS |
---|
1286 | | - | , THE DISTRICT'S FUNDED |
---|
1287 | | - | PUPIL COUNT FOR THE BUDGET YEAR IS SIXTY STUDENTS |
---|
1288 | | - | . |
---|
1289 | | - | (5) District foundation funding. A |
---|
1290 | | - | DISTRICT'S FOUNDATION |
---|
1291 | | - | FUNDING IS |
---|
1292 | | - | : |
---|
1293 | | - | (S |
---|
1294 | | - | TATEWIDE BASE PER PUPIL FUNDING X (DISTRICT FUNDED PUPIL |
---|
1295 | | - | COUNT |
---|
1296 | | - | - DISTRICT EXTENDED HIGH SCHOOL PUPIL ENROLLMENT - |
---|
1297 | | - | D |
---|
1298 | | - | ISTRICT ONLINE PUPIL ENROLLMENT)). |
---|
1299 | | - | (6) District at-risk funding. (a) A |
---|
1300 | | - | DISTRICT'S AT-RISK FUNDING IS: |
---|
1301 | | - | (S |
---|
1302 | | - | TATEWIDE BASE PER PUPIL FUNDING X TWENTY-FIVE PERCENT) X |
---|
1303 | | - | DISTRICT AT-RISK PUPIL ENROLLMENT. |
---|
1304 | | - | (b) N |
---|
1305 | | - | OTWITHSTANDING SUBSECTION (6)(a) OF THIS SECTION, IF A |
---|
1306 | | - | DISTRICT |
---|
1307 | | - | 'S FUNDED PUPIL COUNT IS LESS THAN SEVEN THOUSAND PUPILS AND |
---|
1308 | | - | THE DISTRICT PERCENTAGE OF AT |
---|
1309 | | - | -RISK PUPILS IS SEVENTY PERCENT OR |
---|
1310 | | - | PAGE 30-HOUSE BILL 24-1448 GREATER, THE DISTRICT'S AT-RISK FUNDING IS: |
---|
1311 | | - | (S |
---|
1312 | | - | TATEWIDE BASE PER PUPIL FUNDING X THIRTY-TWO PERCENT) |
---|
1313 | | - | X DISTRICT AT-RISK PUPIL ENROLLMENT. |
---|
1314 | | - | (7) District English language learner funding. A |
---|
1315 | | - | DISTRICT'S |
---|
1316 | | - | ENGLISH LANGUAGE LEARNER FUNDING IS : |
---|
1317 | | - | (S |
---|
1318 | | - | TATEWIDE BASE PER PUPIL FUNDING X TWENTY-FIVE PERCENT) X |
---|
1319 | | - | DISTRICT ENGLISH LANGUAGE LEARNER PUPIL ENROLLMENT . |
---|
1320 | | - | (8) District extended high school funding. (a) A |
---|
1321 | | - | DISTRICT'S |
---|
1322 | | - | EXTENDED HIGH SCHOOL FUNDING IS |
---|
1323 | | - | : |
---|
1324 | | - | (D |
---|
1325 | | - | ISTRICT EXTENDED HIGH SCHOOL PUPIL ENROLLMENT X $9,588, OR |
---|
1326 | | - | AN AMOUNT DETERMINED PURSUANT SUBSECTION |
---|
1327 | | - | (8)(b) OF THIS |
---|
1328 | | - | SECTION |
---|
1329 | | - | ). |
---|
1330 | | - | (b) T |
---|
1331 | | - | HE DOLLAR AMOUNT IN SUBSECTION (8)(a) OF THIS SECTION |
---|
1332 | | - | MUST INCREASE BY THE SAME PERCENTAGE THAT THE STATEWIDE BASE PER |
---|
1333 | | - | PUPIL FUNDING FOR THE APPLICABLE BUDGET YEAR IS INCREASED |
---|
1334 | | - | . THE |
---|
1335 | | - | AMOUNT MUST BE ROUNDED TO THE NEAREST DOLLAR |
---|
1336 | | - | . |
---|
1337 | | - | (9) District online funding. (a) A |
---|
1338 | | - | DISTRICT'S ONLINE FUNDING IS: |
---|
1339 | | - | (D |
---|
1340 | | - | ISTRICT ONLINE PUPIL ENROLLMENT X $9,588, OR AN AMOUNT |
---|
1341 | | - | DETERMINED PURSUANT TO SUBSECTION |
---|
1342 | | - | (9)(b) OF THIS SECTION). |
---|
1343 | | - | (b) T |
---|
1344 | | - | HE DOLLAR AMOUNT IN SUBSECTION (9)(a) OF THIS SECTION |
---|
1345 | | - | MUST INCREASE BY THE SAME PERCENTAGE THAT THE STATEWIDE BASE PER |
---|
1346 | | - | PUPIL FUNDING FOR THAT BUDGET YEAR IS INCREASED |
---|
1347 | | - | . THE AMOUNT MUST |
---|
1348 | | - | BE ROUNDED TO THE NEAREST DOLLAR |
---|
1349 | | - | . |
---|
1350 | | - | (10) District special education pupil funding. A |
---|
1351 | | - | DISTRICT'S |
---|
1352 | | - | SPECIAL EDUCATION PUPIL FUNDING IS |
---|
1353 | | - | : |
---|
1354 | | - | (S |
---|
1355 | | - | TATEWIDE BASE PER PUPIL FUNDING X TWENTY-FIVE PERCENT) X |
---|
1356 | | - | DISTRICT SPECIAL EDUCATION PUPIL ENROLLMENT . |
---|
1357 | | - | (11) District cost of living factor funding - rules. (a) A |
---|
1358 | | - | DISTRICT'S |
---|
1359 | | - | PAGE 31-HOUSE BILL 24-1448 COST OF LIVING FACTOR FUNDING IS: |
---|
1360 | | - | (S |
---|
1361 | | - | TATEWIDE BASE PER PUPIL FUNDING X (DISTRICT FUNDED PUPIL |
---|
1362 | | - | COUNT |
---|
1363 | | - | - DISTRICT EXTENDED HIGH SCHOOL PUPIL ENROLLMENT - |
---|
1364 | | - | D |
---|
1365 | | - | ISTRICT ONLINE PUPIL ENROLLMENT) X DISTRICT COST OF LIVING |
---|
1366 | | - | FACTOR |
---|
1367 | | - | ). |
---|
1368 | | - | (b) (I) A |
---|
1369 | | - | DISTRICT'S COST OF LIVING FACTOR IS DETERMINED |
---|
1370 | | - | PURSUANT TO SUBSECTION |
---|
1371 | | - | (11)(c) OF THIS SECTION; EXCEPT THAT, |
---|
1372 | | - | NOTWITHSTANDING THIS SUBSECTION (11) TO THE CONTRARY, A DISTRICT'S |
---|
1373 | | - | COST OF LIVING FACTOR MUST NOT EXCEED TWENTY |
---|
1374 | | - | -THREE PERCENT. |
---|
1375 | | - | (II) T |
---|
1376 | | - | HE COST OF LIVING FACTOR ALLOWED FOR EACH DISTRICT |
---|
1377 | | - | PURSUANT TO THIS SUBSECTION |
---|
1378 | | - | (11) REFLECTS THE DIFFERENCES IN THE |
---|
1379 | | - | COSTS OF HOUSING |
---|
1380 | | - | , GOODS, AND SERVICES AMONG REGIONS IN WHICH |
---|
1381 | | - | DISTRICTS ARE LOCATED |
---|
1382 | | - | . THE FACTOR DOES NOT REFLECT ANY ANNUAL |
---|
1383 | | - | INCREASE IN THE COSTS OF HOUSING |
---|
1384 | | - | , GOODS, AND SERVICES CAUSED BY |
---|
1385 | | - | INFLATION |
---|
1386 | | - | . |
---|
1387 | | - | (c) (I) F |
---|
1388 | | - | OR THE 2025-26 BUDGET YEAR, A DISTRICT'S COST OF LIVING |
---|
1389 | | - | FACTOR IS THE DISTRICT |
---|
1390 | | - | 'S COST OF LIVING AMOUNT IDENTIFIED IN THE 2023 |
---|
1391 | | - | COST OF LIVING ANALYSIS ADJUSTED FOR LABOR POOL AREAS , DIVIDED BY |
---|
1392 | | - | THE MINIMUM COST OF LIVING AMOUNT FOR A DISTRICT IDENTIFIED IN THE |
---|
1393 | | - | 2023 COST OF LIVING ANALYSIS ADJUSTED FOR LABOR POOL AREAS , MINUS |
---|
1394 | | - | ONE |
---|
1395 | | - | . |
---|
1396 | | - | (II) F |
---|
1397 | | - | OR THE 2026-27 AND 2027-28 BUDGET YEARS, A DISTRICT'S |
---|
1398 | | - | COST OF LIVING FACTOR IS THE DISTRICT |
---|
1399 | | - | 'S COST OF LIVING AMOUNT |
---|
1400 | | - | IDENTIFIED IN THE |
---|
1401 | | - | 2025 COST OF LIVING ANALYSIS ADJUSTED FOR LABOR |
---|
1402 | | - | POOL AREAS |
---|
1403 | | - | , DIVIDED BY THE MINIMUM COST OF LIVING AMOUNT FOR A |
---|
1404 | | - | DISTRICT IDENTIFIED IN THE |
---|
1405 | | - | 2025 COST OF LIVING ANALYSIS ADJUSTED FOR |
---|
1406 | | - | LABOR POOL AREAS |
---|
1407 | | - | , MINUS ONE. |
---|
1408 | | - | (III) F |
---|
1409 | | - | OR EVERY TWO-YEAR BUDGET YEAR PERIOD THEREAFTER , A |
---|
1410 | | - | DISTRICT |
---|
1411 | | - | 'S COST OF LIVING FACTOR IS THE DISTRICT 'S COST OF LIVING |
---|
1412 | | - | AMOUNT |
---|
1413 | | - | , IDENTIFIED IN THE BIENNIAL COST OF LIVING ANALYSIS ADJUSTED |
---|
1414 | | - | FOR LABOR POOL AREAS |
---|
1415 | | - | , DIVIDED BY THE MINIMUM COST OF LIVING AMOUNT |
---|
1416 | | - | FOR A DISTRICT IDENTIFIED IN THE MOST RECENT COST OF LIVING ANALYSIS |
---|
1417 | | - | ADJUSTED FOR LABOR POOL AREAS |
---|
1418 | | - | , MINUS ONE. |
---|
1419 | | - | PAGE 32-HOUSE BILL 24-1448 (IV) THE COST OF LIVING FACTOR FOR EACH DISTRICT MUST BE |
---|
1420 | | - | CERTIFIED TO THE DEPARTMENT OF EDUCATION BY LEGISLATIVE COUNCIL |
---|
1421 | | - | STAFF FOR EACH TWO |
---|
1422 | | - | -YEAR PERIOD THEREAFTER BASED UPON A NEW COST |
---|
1423 | | - | OF LIVING ANALYSIS |
---|
1424 | | - | . THE CERTIFICATION MUST BE MADE NO LATER THAN |
---|
1425 | | - | APRIL 15 OF THE APPLICABLE YEAR AND IS EFFECTIVE FOR THE BUDGET YEAR |
---|
1426 | | - | BEGINNING ON |
---|
1427 | | - | JULY 1 OF THAT YEAR AND THE BUDGET YEAR THEREAFTER . |
---|
1428 | | - | (V) T |
---|
1429 | | - | HE DEPARTMENT OF EDUCATION SHALL TRANSFER A PORTION |
---|
1430 | | - | OF THE TOTAL AMOUNT APPROPRIATED BY THE GENERAL ASSEMBLY IN THE |
---|
1431 | | - | ANNUAL GENERAL APPROPRIATION BILL FOR THAT BUDGET YEAR FOR |
---|
1432 | | - | ASSISTANCE TO PUBLIC SCHOOLS |
---|
1433 | | - | , PUBLIC SCHOOL FINANCE, AND STATE |
---|
1434 | | - | SHARE OF DISTRICTS |
---|
1435 | | - | ' TOTAL PROGRAM FUNDING TO THE LEGISLATIVE |
---|
1436 | | - | COUNCIL TO FUND THE COST OF LIVING ANALYSIS REQUIRED PURSUANT TO |
---|
1437 | | - | THIS SUBSECTION |
---|
1438 | | - | (11). THE AMOUNT TRANSFERRED BY THE DEPARTMENT OF |
---|
1439 | | - | EDUCATION MUST NOT EXCEED THE MAXIMUM AMOUNT SPECIFIED IN A |
---|
1440 | | - | FOOTNOTE RELATED TO THIS APPROPRIATION IN THE ANNUAL GENERAL |
---|
1441 | | - | APPROPRIATION BILL FOR THAT BUDGET YEAR |
---|
1442 | | - | . THE REMAINDER OF THE |
---|
1443 | | - | AMOUNT APPROPRIATED FOR ASSISTANCE TO PUBLIC SCHOOLS |
---|
1444 | | - | , PUBLIC |
---|
1445 | | - | SCHOOL FINANCE |
---|
1446 | | - | , AND STATE SHARE OF DISTRICTS ' TOTAL PROGRAM |
---|
1447 | | - | FUNDING MUST BE DISTRIBUTED TO SCHOOL DISTRICTS IN THE MANNER |
---|
1448 | | - | PROVIDED IN SECTION |
---|
1449 | | - | 22-54-106 (4)(c). |
---|
1450 | | - | (d) (I) T |
---|
1451 | | - | HE DEPARTMENT OF EDUCATION SHALL PROMULGATE RULES |
---|
1452 | | - | FOR THE ASSIGNMENT OF A COST OF LIVING FACTOR TO ANY NEW DISTRICT |
---|
1453 | | - | ORGANIZED PURSUANT TO ARTICLE |
---|
1454 | | - | 30 OF THIS TITLE 22, EXCEPT FOR NEW |
---|
1455 | | - | DISTRICTS THAT ARE CREATED AS THE RESULT OF A DECONSOLIDATION AS |
---|
1456 | | - | DESCRIBED IN SECTION |
---|
1457 | | - | 22-30-102 (2)(a), UNTIL THE COST OF LIVING FACTOR |
---|
1458 | | - | FOR THE DISTRICT IS CERTIFIED BY LEGISLATIVE COUNCIL STAFF PURSUANT |
---|
1459 | | - | TO THIS SECTION |
---|
1460 | | - | . |
---|
1461 | | - | (II) T |
---|
1462 | | - | HE RULES PROMULGATED PURSUANT TO THIS SUBSECTION |
---|
1463 | | - | (11)(d) MUST BE DESIGNED TO PROVIDE NEITHER AN INCENTIVE NOR A |
---|
1464 | | - | DISINCENTIVE TO THE ORGANIZATION OF NEW DISTRICTS PURSUANT TO |
---|
1465 | | - | ARTICLE |
---|
1466 | | - | 30 OF THIS TITLE 22 AND MUST INCLUDE PROVISIONS TO ENSURE |
---|
1467 | | - | THAT THE COST OF LIVING FACTOR WITHIN A NEW DISTRICT IS NOT REDUCED |
---|
1468 | | - | SOLELY BECAUSE THE NEW DISTRICT IS THE RESULT OF A CONSOLIDATION OF |
---|
1469 | | - | EXISTING DISTRICTS |
---|
1470 | | - | . THE RULES MUST CONSIDER THE COST OF LIVING |
---|
1471 | | - | FACTORS ASSIGNED TO THE DISTRICTS THAT ARE AFFECTED BY THE |
---|
1472 | | - | ORGANIZATION OF THE NEW DISTRICT AND THE CIRCUMSTANCES OF THE NEW |
---|
1473 | | - | DISTRICT BASED ON THE MOST RECENT COST OF LIVING ANALYSIS |
---|
1474 | | - | PAGE 33-HOUSE BILL 24-1448 PERFORMED BY THE LEGISLATIVE COUNCIL . |
---|
1475 | | - | (III) N |
---|
1476 | | - | EW DISTRICTS THAT ARE CREATED AS THE RESULT OF A |
---|
1477 | | - | DECONSOLIDATION AS DESCRIBED IN SECTION |
---|
1478 | | - | 22-30-102 (2)(a) RETAIN THE |
---|
1479 | | - | COST OF LIVING FACTOR OF THE DISTRICT FROM WHICH THEY WERE |
---|
1480 | | - | SEPARATED UNTIL THE COST OF LIVING FACTOR FOR THE NEW DISTRICT IS |
---|
1481 | | - | CERTIFIED BY THE LEGISLATIVE COUNCIL STAFF PURSUANT TO THIS SECTION |
---|
1482 | | - | . |
---|
1483 | | - | (12) District locale factor funding. (a) A |
---|
1484 | | - | DISTRICT'S LOCALE |
---|
1485 | | - | FACTOR FUNDING IS |
---|
1486 | | - | : |
---|
1487 | | - | (S |
---|
1488 | | - | TATEWIDE BASE PER PUPIL FUNDING X (DISTRICT FUNDED PUPIL |
---|
1489 | | - | COUNT |
---|
1490 | | - | - DISTRICT EXTENDED HIGH SCHOOL PUPIL ENROLLMENT - |
---|
1491 | | - | D |
---|
1492 | | - | ISTRICT ONLINE PUPIL ENROLLMENT) X DISTRICT LOCALE FACTOR). |
---|
1493 | | - | (b) A |
---|
1494 | | - | DISTRICT'S LOCALE FACTOR IS: |
---|
1495 | | - | (I) T |
---|
1496 | | - | WENTY-FIVE PERCENT, IF THE DISTRICT IS CLASSIFIED AS RURAL |
---|
1497 | | - | REMOTE |
---|
1498 | | - | ; |
---|
1499 | | - | (II) T |
---|
1500 | | - | WENTY PERCENT, IF THE DISTRICT IS CLASSIFIED AS RURAL |
---|
1501 | | - | DISTANT |
---|
1502 | | - | ; |
---|
1503 | | - | (III) F |
---|
1504 | | - | IFTEEN PERCENT, IF THE DISTRICT IS CLASSIFIED AS RURAL |
---|
1505 | | - | FRINGE |
---|
1506 | | - | ; |
---|
1507 | | - | (IV) T |
---|
1508 | | - | EN PERCENT, IF THE DISTRICT IS CLASSIFIED AS TOWN REMOTE; |
---|
1509 | | - | (V) F |
---|
1510 | | - | IVE PERCENT, IF THE DISTRICT IS CLASSIFIED AS TOWN DISTANT; |
---|
1511 | | - | (VI) T |
---|
1512 | | - | WO AND A HALF PERCENT, IF THE DISTRICT IS CLASSIFIED AS |
---|
1513 | | - | TOWN FRINGE |
---|
1514 | | - | ; |
---|
1515 | | - | (VII) Z |
---|
1516 | | - | ERO PERCENT, IF THE DISTRICT IS CLASSIFIED AS SUBURBAN |
---|
1517 | | - | SMALL |
---|
1518 | | - | ; |
---|
1519 | | - | (VIII) Z |
---|
1520 | | - | ERO PERCENT, IF THE DISTRICT IS CLASSIFIED AS SUBURBAN |
---|
1521 | | - | MIDSIZE |
---|
1522 | | - | ; |
---|
1523 | | - | (IX) Z |
---|
1524 | | - | ERO PERCENT, IF THE DISTRICT IS CLASSIFIED AS SUBURBAN |
---|
1525 | | - | PAGE 34-HOUSE BILL 24-1448 LARGE; |
---|
1526 | | - | (X) Z |
---|
1527 | | - | ERO PERCENT, IF THE DISTRICT IS CLASSIFIED AS CITY SMALL; |
---|
1528 | | - | (XI) Z |
---|
1529 | | - | ERO PERCENT, IF THE DISTRICT IS CLASSIFIED AS CITY MIDSIZE; |
---|
1530 | | - | OR |
---|
1531 | | - | (XII) ZERO PERCENT, IF THE DISTRICT IS CLASSIFIED AS CITY LARGE. |
---|
1532 | | - | (c) N |
---|
1533 | | - | OTWITHSTANDING SUBSECTION (12)(a) OF THIS SECTION, IF A |
---|
1534 | | - | DISTRICT IS CLASSIFIED AS RURAL REMOTE OR TOWN REMOTE |
---|
1535 | | - | , THE DISTRICT'S |
---|
1536 | | - | LOCALE FACTOR FUNDING IS THE AMOUNT DETERMINED PURSUANT TO |
---|
1537 | | - | SUBSECTION |
---|
1538 | | - | (12)(a) OF THIS SECTION PLUS ONE HUNDRED THOUSAND |
---|
1539 | | - | DOLLARS |
---|
1540 | | - | . |
---|
1541 | | - | (d) A |
---|
1542 | | - | DISTRICT'S CLASSIFICATION, AS DESCRIBED PURSUANT TO |
---|
1543 | | - | SUBSECTION |
---|
1544 | | - | (12)(b) OR (12)(c) OF THIS SECTION, IS DETERMINED BY THE |
---|
1545 | | - | LATEST CLASSIFICATIONS OR CLASSIFICATION CRITERIA ISSUED BY THE |
---|
1546 | | - | NATIONAL CENTER FOR EDUCATION STATISTICS IN THE INSTITUTE OF |
---|
1547 | | - | EDUCATION SCIENCES OF THE |
---|
1548 | | - | UNITED STATES DEPARTMENT OF EDUCATION . |
---|
1549 | | - | (e) N |
---|
1550 | | - | OTWITHSTANDING SUBSECTION (12)(d) OF THIS SECTION, IF A |
---|
1551 | | - | DISTRICT DOES NOT ALIGN WITH A CLASSIFICATION ISSUED BY THE NATIONAL |
---|
1552 | | - | CENTER FOR EDUCATION STATISTICS |
---|
1553 | | - | , THE DEPARTMENT OF EDUCATION |
---|
1554 | | - | SHALL DESIGNATE THE DISTRICT |
---|
1555 | | - | 'S LOCALE FACTOR BASED ON |
---|
1556 | | - | CONSIDERATIONS THAT ALIGN IT WITH A SIMILARLY SITUATED DISTRICT THAT |
---|
1557 | | - | HAS A CLASSIFICATION ISSUED BY THE NATIONAL CENTER FOR EDUCATION |
---|
1558 | | - | STATISTICS |
---|
1559 | | - | . IF THE DEPARTMENT OF EDUCATION IS REQUIRED TO DESIGNATE |
---|
1560 | | - | THE DISTRICT |
---|
1561 | | - | 'S LOCALE FACTOR PURSUANT TO THIS SUBSECTION (12)(e), THE |
---|
1562 | | - | DEPARTMENT OF EDUCATION SHALL CONSULT WITH LEGISLATIVE COUNSEL |
---|
1563 | | - | STAFF CONCERNING THE ADJUSTMENT FOR ANY INFORMATION NECESSARY |
---|
1564 | | - | TO MAKE AN APPROPRIATE DESIGNATION |
---|
1565 | | - | . |
---|
1566 | | - | (13) District size factor funding. (a) A |
---|
1567 | | - | DISTRICT'S SIZE FACTOR |
---|
1568 | | - | FUNDING IS |
---|
1569 | | - | : |
---|
1570 | | - | (S |
---|
1571 | | - | TATEWIDE BASE PER PUPIL FUNDING X (DISTRICT FUNDED PUPIL |
---|
1572 | | - | COUNT |
---|
1573 | | - | - DISTRICT EXTENDED HIGH SCHOOL PUPIL ENROLLMENT - |
---|
1574 | | - | D |
---|
1575 | | - | ISTRICT ONLINE PUPIL ENROLLMENT) X DISTRICT SIZE FACTOR). |
---|
1576 | | - | PAGE 35-HOUSE BILL 24-1448 (b) A DISTRICT'S SIZE FACTOR IS: |
---|
1577 | | - | (I) I |
---|
1578 | | - | F THE DISTRICT'S FUNDED PUPIL COUNT IS LESS THAN TWO |
---|
1579 | | - | HUNDRED SEVENTY |
---|
1580 | | - | -SIX: |
---|
1581 | | - | 0.5457 |
---|
1582 | | - | + (0.00376159 X THE DIFFERENCE BETWEEN THE FUNDED |
---|
1583 | | - | PUPIL COUNT AND TWO HUNDRED SEVENTY |
---|
1584 | | - | -SIX). |
---|
1585 | | - | (II) I |
---|
1586 | | - | F THE DISTRICT'S FUNDED PUPIL COUNT IS TWO HUNDRED |
---|
1587 | | - | SEVENTY |
---|
1588 | | - | -SIX OR MORE BUT LESS THAN FOUR HUNDRED FIFTY -NINE: |
---|
1589 | | - | 0.2385 |
---|
1590 | | - | + (0.00167869 X THE DIFFERENCE BETWEEN THE FUNDED |
---|
1591 | | - | PUPIL COUNT AND FOUR HUNDRED FIFTY |
---|
1592 | | - | -NINE). |
---|
1593 | | - | (III) I |
---|
1594 | | - | F THE DISTRICT'S FUNDED PUPIL COUNT IS FOUR HUNDRED |
---|
1595 | | - | FIFTY |
---|
1596 | | - | -NINE OR MORE BUT LESS THAN ONE THOUSAND TWENTY -SEVEN: |
---|
1597 | | - | 0.1215 |
---|
1598 | | - | + (0.00020599 X THE DIFFERENCE BETWEEN THE FUNDED |
---|
1599 | | - | PUPIL COUNT AND ONE THOUSAND TWENTY |
---|
1600 | | - | -SEVEN). |
---|
1601 | | - | (IV) I |
---|
1602 | | - | F THE DISTRICT'S FUNDED PUPIL COUNT IS ONE THOUSAND |
---|
1603 | | - | TWENTY |
---|
1604 | | - | -SEVEN OR MORE BUT LESS THAN TWO THOUS AND TWO HUNDRED |
---|
1605 | | - | NINETY |
---|
1606 | | - | -THREE: |
---|
1607 | | - | 0.0533 |
---|
1608 | | - | + (0.00005387 X THE DIFFERENCE BETWEEN THE FUNDED |
---|
1609 | | - | PUPIL COUNT AND TWO THOUSAND TWO HUNDRED NINETY |
---|
1610 | | - | -THREE). |
---|
1611 | | - | (V) I |
---|
1612 | | - | F THE DISTRICT'S FUNDED PUPIL COUNT IS TWO THOUSAND TWO |
---|
1613 | | - | HUNDRED NINETY |
---|
1614 | | - | -THREE OR MORE BUT LESS THAN THREE THOUSAND FIVE |
---|
1615 | | - | HUNDRED |
---|
1616 | | - | : |
---|
1617 | | - | 0.0368 |
---|
1618 | | - | + (0.00001367 X THE DIFFERENCE BETWEEN THE FUNDED |
---|
1619 | | - | PUPIL COUNT AND THREE THOUSAND FIVE HUNDRED |
---|
1620 | | - | ). |
---|
1621 | | - | (VI) I |
---|
1622 | | - | F THE DISTRICT'S FUNDED PUPIL COUNT IS THREE THOUSAND |
---|
1623 | | - | FIVE HUNDRED OR MORE BUT LESS THAN SIX THOUSAND FIVE HUNDRED |
---|
1624 | | - | : |
---|
1625 | | - | 0.0297 |
---|
1626 | | - | + (0.00000473 X THE DIFFERENCE BETWEEN THE FUNDED |
---|
1627 | | - | PUPIL COUNT AND SIX THOUSAND FIVE HUNDRED |
---|
1628 | | - | ). |
---|
1629 | | - | PAGE 36-HOUSE BILL 24-1448 (VII) IF THE DISTRICT'S FUNDED PUPIL COUNT IS SIX THOUSAND FIVE |
---|
1630 | | - | HUNDRED OR MORE |
---|
1631 | | - | : 0.00. |
---|
1632 | | - | (c) (I) I |
---|
1633 | | - | F THE REORGANIZATION OF A DISTRICT OR DISTRICTS RESULTS |
---|
1634 | | - | IN A DISTRICT INVOLVED IN THE REORGANIZATION HAVING A GREATER SIZE |
---|
1635 | | - | FACTOR THAN THE ORIGINAL DISTRICT OR DISTRICTS HAD FOR THE BUDGET |
---|
1636 | | - | YEAR IMMEDIATELY PRECEDING REORGANIZATION |
---|
1637 | | - | , THE DISTRICTS INVOLVED |
---|
1638 | | - | IN THE REORGANIZATION MUST USE |
---|
1639 | | - | , FOR EACH BUDGET YEAR , THE SIZE |
---|
1640 | | - | FACTOR THE ORIGINAL DISTRICT HAD PRIOR TO THE REORGANIZATION OR |
---|
1641 | | - | , IF |
---|
1642 | | - | TWO OR MORE DISTRICTS REORGANIZE INTO A SINGLE DISTRICT |
---|
1643 | | - | , THE SIZE |
---|
1644 | | - | FACTOR OF THE ORIGINAL DISTRICT WITH THE LOWEST SIZE FACTOR FOR THE |
---|
1645 | | - | BUDGET YEAR IMMEDIATELY PRECEDING REORGANIZATION |
---|
1646 | | - | . A DISTRICT |
---|
1647 | | - | INVOLVED IN THE REORGANIZATION SHALL NOT |
---|
1648 | | - | , FOR ANY BUDGET YEAR , USE |
---|
1649 | | - | THE SIZE FACTOR THAT WOULD OTHERWISE BE PROVIDED PURSUANT TO THIS |
---|
1650 | | - | SUBSECTION |
---|
1651 | | - | (13). |
---|
1652 | | - | (II) I |
---|
1653 | | - | F THE REORGANIZATION OF A DISTRICT OR DISTRICTS RESULTS |
---|
1654 | | - | IN A DISTRICT INVOLVED IN THE REORGANIZATION HAVING A LOWER SIZE |
---|
1655 | | - | FACTOR THAN THE ORIGINAL DISTRICT OR DISTRICTS HAD FOR THE BUDGET |
---|
1656 | | - | YEAR IMMEDIATELY PRECEDING REORGANIZATION |
---|
1657 | | - | , THE NEW DISTRICT OR |
---|
1658 | | - | DISTRICTS MUST USE A SIZE FACTOR DETERMINED AS FOLLOWS |
---|
1659 | | - | : |
---|
1660 | | - | (A) F |
---|
1661 | | - | OR THE FIRST BUDGET YEAR FOLLOWING REORGANIZATION , THE |
---|
1662 | | - | SIZE FACTOR OF THE ORIGINAL DISTRICT FOR THE BUDGET YEAR |
---|
1663 | | - | IMMEDIATELY PRECEDING REORGANIZATION OR |
---|
1664 | | - | , IF TWO OR MORE DISTRICTS |
---|
1665 | | - | ARE INVOLVED IN THE REORGANIZATION |
---|
1666 | | - | , THE WEIGHTED AVERAGE SIZE |
---|
1667 | | - | FACTOR OF THE ORIGINAL DISTRICTS FOR THE BUDGET YEAR IMMEDIATELY |
---|
1668 | | - | PRECEDING REORGANIZATION |
---|
1669 | | - | . FOR PURPOSES OF THIS SUBSECTION |
---|
1670 | | - | (13)(c)(II)(A), THE WEIGHTED AVERAGE SIZE FACTOR IS THE SUM OF THE |
---|
1671 | | - | AMOUNTS CALCULATED BY MULTIPLYING THE F UNDED PUPIL COUNTS OF THE |
---|
1672 | | - | ORIGINAL DISTRICTS BY THE SIZE FACTOR OF THE ORIGINAL DISTRICTS AND |
---|
1673 | | - | DIVIDING THAT SUM BY THE TOTAL FUNDED PUPIL COUNT OF THE ORIGINAL |
---|
1674 | | - | DISTRICTS |
---|
1675 | | - | . |
---|
1676 | | - | (B) F |
---|
1677 | | - | OR THE SECOND BUDGET YEAR FOLLOWING REORGANIZATION , |
---|
1678 | | - | THE SIZE FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR MINUS |
---|
1679 | | - | AN AMOUNT EQUAL TO ONE |
---|
1680 | | - | -FIFTH OF THE DIFFERENCE BETWEEN THE SIZE |
---|
1681 | | - | FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR AND THE SIZE |
---|
1682 | | - | FACTOR DETERMINED PURSUANT TO SUBSECTION |
---|
1683 | | - | (13)(b) OF THIS SECTION; |
---|
1684 | | - | PAGE 37-HOUSE BILL 24-1448 (C) FOR THE THIRD BUDGET YEAR FOLLOWING REORGANIZATION , |
---|
1685 | | - | THE SIZE FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR MINUS |
---|
1686 | | - | AN AMOUNT EQUAL TO ONE |
---|
1687 | | - | -FOURTH OF THE DIFFERENCE BETWEEN THE SIZE |
---|
1688 | | - | FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR AND THE SIZE |
---|
1689 | | - | FACTOR DETERMINED PURSUANT TO SUBSECTION |
---|
1690 | | - | (13)(b) OF THIS SECTION; |
---|
1691 | | - | (D) F |
---|
1692 | | - | OR THE FOURTH BUDGET YEAR FOLLOWING REORGANIZATION , |
---|
1693 | | - | THE SIZE FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR MINUS |
---|
1694 | | - | AN AMOUNT EQUAL TO ONE |
---|
1695 | | - | -THIRD OF THE DIFFERENCE BETWEEN THE SIZE |
---|
1696 | | - | FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR AND THE SIZE |
---|
1697 | | - | FACTOR DETERMINED PURSUANT TO SUBSECTION |
---|
1698 | | - | (13)(b) OF THIS SECTION; |
---|
| 2024 | + | OR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 2027,19 |
---|
| 2025 | + | FOURTEEN MILLION DOLLARS; AND20 |
---|
1700 | | - | OR THE FIFTH BUDGET YEAR FOLLOWING REOR GANIZATION , THE |
---|
1701 | | - | SIZE FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR MINUS AN |
---|
1702 | | - | AMOUNT EQUAL TO ONE |
---|
1703 | | - | -HALF OF THE DIFFERENCE BETWEEN THE SIZE |
---|
1704 | | - | FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR AND THE SIZE |
---|
1705 | | - | FACTOR DETERMINED PURSUANT TO SUBSECTION |
---|
1706 | | - | (13)(b) OF THIS SECTION; |
---|
1707 | | - | AND |
---|
1708 | | - | (F) FOR THE SIXTH BUDGET YEAR FOLLOWING REORGANIZATION AND |
---|
1709 | | - | BUDGET YEARS THEREAFTER |
---|
1710 | | - | , THE SIZE FACTOR DETERMINED PURSUANT TO |
---|
1711 | | - | SUBSECTION |
---|
1712 | | - | (13)(b) OF THIS SECTION. |
---|
1713 | | - | (14) Total program funding. (Reserved) |
---|
1714 | | - | SECTION 8. In Colorado Revised Statutes, 22-54-104, amend (1) |
---|
1715 | | - | and (5)(b)(IV); and add (7) and (8) as follows: |
---|
1716 | | - | 22-54-104. District total program - legislative declaration - |
---|
1717 | | - | definitions - repeal. (1) (a) For every budget year the provisions of |
---|
1718 | | - | THROUGH THE 2024-25 BUDGET YEAR, this section shall MUST be used to |
---|
1719 | | - | calculate for each district an amount that represents the financial base of |
---|
1720 | | - | support for public education in that district. Such amount shall be known as |
---|
1721 | | - | the district's total program DETERMINE EACH DISTRICT'S TOTAL PROGRAM. |
---|
1722 | | - | The district's total program shall be IS available to the district to fund the |
---|
1723 | | - | costs of providing public education, and, except as otherwise provided in |
---|
1724 | | - | section 22-54-105, the amounts and purposes for which such moneys are |
---|
1725 | | - | budgeted and expended shall be in the discretion of the district THE |
---|
1726 | | - | DISTRICT HAS THE DISCRETION TO DETERMINE THE AMOUNTS AND PURPOSES |
---|
1727 | | - | FOR BUDGETING AND EXPENDING ITS TOTAL PROGRAM MONEY |
---|
1728 | | - | . |
---|
1729 | | - | PAGE 38-HOUSE BILL 24-1448 (b) Notwithstanding the provisions of paragraph (a) of this |
---|
1730 | | - | subsection (1) SUBSECTION (1)(a) OF THIS SECTION TO THE CONTRARY, if a |
---|
1731 | | - | district is the accounting district of an institute charter school AN INSTITUTE |
---|
1732 | | - | CHARTER SCHOOL |
---|
1733 | | - | 'S ACCOUNTING DISTRICT, then the calculation of totalprogram pursuant to the provisions of this section shall also represent the |
---|
1734 | | - | financial base of support for the institute charter school TOTAL PROGRAM |
---|
1735 | | - | DETERMINATION PURSUANT TO THIS SECTION ALSO REPRESENTS THE |
---|
1736 | | - | INSTITUTE CHARTER SCHOOL |
---|
1737 | | - | 'S FINANCIAL BASE OF SUPPORT, even though the |
---|
1738 | | - | institute charter school is not a school of the district. The amount of the |
---|
1739 | | - | district's state share of total program that is withheld from the district and |
---|
1740 | | - | paid to the state charter school institute pursuant to the provisions of |
---|
1741 | | - | section |
---|
1742 | | - | 22-54-115 (1.3) shall IS not be available to nor OR under the control of the |
---|
1743 | | - | district but shall be IS under the control of the INSTITUTE CHARTER SCHOOL'S |
---|
1744 | | - | governing board of the institute charter school to fund the costs of providing |
---|
1745 | | - | public education to pupils enrolled in the institute charter school. and the |
---|
1746 | | - | amounts and purposes for which such moneys are budgeted and expended |
---|
1747 | | - | shall be in the discretion of the institute charter school. THE INSTITUTE |
---|
1748 | | - | CHARTER SCHOOL HAS THE DISCRETION TO DETERMINE THE AMOUNTS AND |
---|
1749 | | - | PURPOSES FOR BUDGETING AND EXPENDING ITS TOTAL PROGRAM MONEY |
---|
1750 | | - | . |
---|
1751 | | - | (c) (I) N |
---|
1752 | | - | OTWITHSTANDING ANY PROVISION OF LAW TO THE |
---|
1753 | | - | CONTRARY |
---|
1754 | | - | , FOR THE 2025-26 BUDGET YEAR THROUGH THE 2029-30 BUDGET |
---|
1755 | | - | YEAR |
---|
1756 | | - | , THE DEPARTMENT OF EDUCATION SHALL CALCULATE EACH DISTRICT 'S |
---|
1757 | | - | TOTAL PROGRAM PURSUANT TO THIS SECTION FOR THE PURPOSE OF |
---|
1758 | | - | DETERMINING EACH DISTRICT |
---|
1759 | | - | 'S TOTAL PROGRAM PURSUANT TO SECTION |
---|
1760 | | - | 22-54-103.3. THE DISTRICT'S TOTAL PROGRAM IS AVAILABLE TO THE |
---|
1761 | | - | DISTRICT TO FUND THE COSTS OF PROVIDING PUBLIC EDUCATION |
---|
1762 | | - | , AND, |
---|
1763 | | - | EXCEPT AS OTHERWISE PROVIDED IN SECTION 22-54-105, THE DISTRICT HAS |
---|
1764 | | - | THE DISCRETION TO DETERMINE THE AMOUNTS AND PURPOSES FOR |
---|
1765 | | - | BUDGETING AND EXPENDING ITS DISTRICT TOTAL PROGRAM MONEY |
---|
1766 | | - | . |
---|
1767 | | - | (II) N |
---|
1768 | | - | OTWITHSTANDING SUBSECTION (1)(c)(I) OF THIS SECTION TO |
---|
1769 | | - | THE CONTRARY |
---|
1770 | | - | , IF A DISTRICT IS AN INSTITUTE CHARTER SCHOOL 'S |
---|
1771 | | - | ACCOUNTING DISTRICT |
---|
1772 | | - | , THEN THE DISTRICT TOTAL PROGRAM CALCULATION |
---|
1773 | | - | PURSUANT TO THIS SECTION ALSO REPRESENTS THE INSTITUTE CHARTER |
---|
1774 | | - | SCHOOL |
---|
1775 | | - | 'S FINANCIAL BASE OF SUPPORT FOR PUBLIC EDUCATION , EVEN |
---|
1776 | | - | THOUGH THE INSTITUTE CHARTER SC HOOL IS NOT THE DISTRICT |
---|
1777 | | - | 'S SCHOOL. |
---|
1778 | | - | T |
---|
1779 | | - | HE AMOUNT OF THE DISTRICT'S STATE SHARE OF TOTAL PROGRAM THAT IS |
---|
1780 | | - | WITHHELD FROM THE DISTRICT AND PAID TO THE STATE CHARTER SCHOOL |
---|
1781 | | - | INSTITUTE PURSUANT TO SECTION |
---|
1782 | | - | 22-54-115 (1.3) IS NOT AVAILABLE TO OR |
---|
1783 | | - | PAGE 39-HOUSE BILL 24-1448 UNDER THE CONTROL OF THE DISTRICT BUT IS AVAILABLE TO AND UNDER THE |
---|
1784 | | - | CONTROL OF THE INSTITUTE CHARTER SCHOOL |
---|
1785 | | - | 'S GOVERNING BOARD TO FUND |
---|
1786 | | - | THE COSTS OF PROVIDING PUBLIC EDUCATION TO STUDENTS ENROLLED IN |
---|
1787 | | - | THE INSTITUTE CHARTER SCHOOL |
---|
1788 | | - | . THE INSTITUTE CHARTER SCHOOL HAS THE |
---|
1789 | | - | DISCRETION TO DETERMINE THE AMOUNTS AND PURPOSES FOR BUDGETING |
---|
1790 | | - | AND EXPENDING ITS TOTAL PROGRAM MONEY |
---|
1791 | | - | . |
---|
1792 | | - | (5) For purposes of the formulas used in this section: |
---|
1793 | | - | (b) (IV) For the 1998-99 budget year and budget years thereafter, |
---|
1794 | | - | The funded pupil count used to calculate a district's size factor pursuant to |
---|
1795 | | - | this paragraph (b) shall be SUBSECTION (5)(b) IS the funded pupil count as |
---|
1796 | | - | calculated pursuant to section 22-54-103 (7) reduced by sixty-five percent |
---|
1797 | | - | of the number of pupils included in the funded pupil count that are enrolled |
---|
1798 | | - | in charter schools in the district; except that the provisions of this |
---|
1799 | | - | subparagraph (IV) shall THIS SUBSECTION (5)(b)(IV) only apply APPLIES to |
---|
1800 | | - | those districts with a funded pupil count as calculated pursuant to section |
---|
1801 | | - | 22-54-103 (7) of five hundred or less FEWER. |
---|
1802 | | - | (7) (a) F |
---|
1803 | | - | OR PURPOSES THIS SECTION, "FUNDED PUPIL COUNT" MEANS |
---|
1804 | | - | THE DISTRICT |
---|
1805 | | - | 'S ONLINE PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET |
---|
1806 | | - | YEAR PLUS THE DISTRICT |
---|
1807 | | - | 'S SUPPLEMENTAL KINDERGARTEN ENROLLMENT FOR |
---|
1808 | | - | THE APPLICABLE BUDGET YEAR PLUS THE DISTRICT |
---|
1809 | | - | 'S EXTENDED HIGH |
---|
1810 | | - | SCHOOL PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR PLUS THE |
---|
1811 | | - | GREATER OF |
---|
1812 | | - | : |
---|
1813 | | - | (I) T |
---|
1814 | | - | HE DISTRICT'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET |
---|
1815 | | - | YEAR |
---|
1816 | | - | ; |
---|
1817 | | - | (II) T |
---|
1818 | | - | HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE |
---|
1819 | | - | APPLICABLE BUDGET YEAR AND THE DISTRICT |
---|
1820 | | - | 'S PUPIL ENROLLMENT FOR THE |
---|
1821 | | - | IMMEDIATELY PRECEDING BUDGET YEAR |
---|
1822 | | - | ; |
---|
1823 | | - | (III) T |
---|
1824 | | - | HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE |
---|
1825 | | - | APPLICABLE BUDGET YEAR AND THE DISTRICT |
---|
1826 | | - | 'S PUPIL ENROLLMENT FOR THE |
---|
1827 | | - | TWO IMMEDIATELY PRECEDING BUDGET YEARS |
---|
1828 | | - | ; |
---|
1829 | | - | (IV) T |
---|
1830 | | - | HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE |
---|
1831 | | - | APPLICABLE BUDGET YEAR AND THE DISTRICT |
---|
1832 | | - | 'S PUPIL ENROLLMENT FOR THE |
---|
1833 | | - | THREE IMMEDIATELY PRECEDING BUDGET YEARS |
---|
1834 | | - | ; OR |
---|
1835 | | - | PAGE 40-HOUSE BILL 24-1448 (V) THE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE |
---|
1836 | | - | APPLICABLE BUDGET YEAR AND THE DISTRICT |
---|
1837 | | - | 'S PUPIL ENROLLMENT FOR THE |
---|
1838 | | - | FOUR IMMEDIATELY PRECEDING BUDGET YEARS |
---|
1839 | | - | . |
---|
1840 | | - | (b) N |
---|
1841 | | - | OTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY , |
---|
1842 | | - | FOR PURPOSES OF SUBSECTION (7)(a) OF THIS SECTION, A DISTRICT'S FUNDED |
---|
1843 | | - | PUPIL COUNT INCLUDES THE CERTIFIED PUPIL ENROLLMENT AND ONLINE |
---|
1844 | | - | PUPIL ENROLLMENT OF EACH OPERATING INSTITUTE CHARTER SCHOOL FOR |
---|
1845 | | - | WHICH THE DISTRICT IS THE ACCOUNTING DISTRICT |
---|
1846 | | - | , AS PROVIDED PURSUANT |
---|
1847 | | - | TO SUBSECTIONS |
---|
1848 | | - | (7)(c) AND (7)(d) OF THIS SECTION. THE DEPARTMENT OF |
---|
1849 | | - | EDUCATION SHALL ADD THE INSTITUTE CHARTER SCHOOL |
---|
1850 | | - | 'S CERTIFIED PUPIL |
---|
1851 | | - | ENROLLMENT AND ONLINE PUPIL ENROLLMENT TO THE FUNDED PUPIL COUNT |
---|
1852 | | - | OF THE DISTRICT PRIOR TO CALCULATING THE DISTRICT |
---|
1853 | | - | 'S TOTAL PROGRAM |
---|
1854 | | - | PURSUANT TO THIS SECTION |
---|
1855 | | - | . |
---|
1856 | | - | (c) F |
---|
1857 | | - | OR PURPOSES OF SUBSECTION (7)(b) OF THIS SECTION, EACH |
---|
1858 | | - | OPERATING INSTITUTE CHARTER SCHOOL |
---|
1859 | | - | 'S CERTIFIED PUPIL ENROLLMENT IS |
---|
1860 | | - | THE GREATER OF |
---|
1861 | | - | : |
---|
1862 | | - | (I) T |
---|
1863 | | - | HE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL |
---|
1864 | | - | ENROLLMENT FOR THE APPLICABLE BUDGET YEAR |
---|
1865 | | - | ; |
---|
1866 | | - | (II) T |
---|
1867 | | - | HE AVERAGE OF THE OPERATING INSTITUTE CHARTER SCHOOL 'S |
---|
1868 | | - | PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND THE OPERATING |
---|
1869 | | - | INSTITUTE CHARTER SCHOOL |
---|
1870 | | - | 'S PUPIL ENROLLMENT FOR THE IMMEDIATELY |
---|
1871 | | - | PRECEDING BUDGET YEAR |
---|
1872 | | - | ; |
---|
1873 | | - | (III) T |
---|
1874 | | - | HE AVERAGE OF THE OPERATING INSTITUTE CHARTER SCHOOL 'S |
---|
1875 | | - | PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND THE OPERATING |
---|
1876 | | - | INSTITUTE CHARTER SCHOOL |
---|
1877 | | - | 'S PUPIL ENROLLMENT FOR THE TWO |
---|
1878 | | - | IMMEDIATELY PRECEDING BUDGET YEARS |
---|
1879 | | - | ; |
---|
1880 | | - | (IV) T |
---|
1881 | | - | HE AVERAGE OF THE OPERATING INSTITUTE CHARTER SCHOOL 'S |
---|
1882 | | - | PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND THE OPERATING |
---|
1883 | | - | INSTITUTE CHARTER SCHOOL |
---|
1884 | | - | 'S PUPIL ENROLLMENT FOR THE THREE |
---|
1885 | | - | IMMEDIATELY PRECEDING BUDGET YEARS |
---|
1886 | | - | ; OR |
---|
1887 | | - | (V) THE AVERAGE OF THE OPERATING INSTITUTE CHARTER SCHOOL 'S |
---|
1888 | | - | PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND THE OPERATING |
---|
1889 | | - | INSTITUTE CHARTER SCHOOL |
---|
1890 | | - | 'S PUPIL ENROLLMENT FOR THE FOUR |
---|
1891 | | - | PAGE 41-HOUSE BILL 24-1448 IMMEDIATELY PRECEDING BUDGET YEARS . |
---|
1892 | | - | (d) N |
---|
1893 | | - | OTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY , |
---|
1894 | | - | FOR PURPOSES OF SUBSECTION (7)(c) OF THIS SECTION, AN OPERATING |
---|
1895 | | - | INSTITUTE CHARTER SCHOOL |
---|
1896 | | - | 'S PUPIL ENROLLMENT INCLUDES ITS ONLINE |
---|
1897 | | - | PUPIL ENROLLMENT |
---|
1898 | | - | , EXCEPT FOR MULTI-DISTRICT ONLINE SCHOOL PUPIL |
---|
1899 | | - | ENROLLMENT |
---|
1900 | | - | . |
---|
1901 | | - | (e) T |
---|
1902 | | - | HE GENERAL ASSEMBLY FINDS AND DECLARES THAT FOR THE |
---|
1903 | | - | PURPOSES OF SECTION |
---|
1904 | | - | 17 OF ARTICLE IX OF THE STATE CONSTITUTION , |
---|
1905 | | - | AVERAGING A DISTRICT'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET |
---|
1906 | | - | YEAR AND THE DISTRICT |
---|
1907 | | - | 'S PUPIL ENROLLMENT FOR THE FOUR IMMEDIATELY |
---|
1908 | | - | PRECEDING BUDGET YEARS PURSUANT TO THIS SUBSECTION |
---|
1909 | | - | (7), AND |
---|
1910 | | - | AVERAGING AN OPERATING INSTITUTE CHARTER SCHOOL |
---|
1911 | | - | 'S PUPIL |
---|
1912 | | - | ENROLLMENT AND ONLINE PUPIL ENROLLMENT PURSUANT TO THIS |
---|
1913 | | - | SUBSECTION |
---|
1914 | | - | (7), IS A PROGRAM FOR ACCOUNTABLE EDUCATION REFORM AND |
---|
1915 | | - | MAY THEREFORE RECEIVE FUNDING FROM THE STATE EDUCATION FUND |
---|
1916 | | - | CREATED IN SECTION |
---|
1917 | | - | 17 (4) OF ARTICLE IX OF THE STATE CONSTITUTION. |
---|
1918 | | - | (f) N |
---|
1919 | | - | OTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY , |
---|
1920 | | - | FOR THE PURPOSES OF THIS SUBSECTION (7), A DISTRICT'S PUPIL ENROLLMENT |
---|
1921 | | - | FOR THE APPLICABLE BUDGET YEAR AND A DISTRICT |
---|
1922 | | - | 'S PUPIL ENROLLMENT |
---|
1923 | | - | FOR ANY PRECEDING BUDGET YEAR DO NOT INCLUDE A PUPIL WHO IS OR WAS |
---|
1924 | | - | ENROLLED IN A CHARTER SCHOOL THAT WAS ORIGINALLY AUTHORIZED BY |
---|
1925 | | - | THE DISTRICT BUT WAS SUBSEQUENTLY CONVERTED |
---|
1926 | | - | , ON OR AFTER JULY 1, |
---|
1927 | | - | 2010, |
---|
1928 | | - | TO AN INSTITUTE CHARTER SCHOOL OR TO A CHARTER SCHOOL OF A |
---|
1929 | | - | DISTRICT CONTIGUOUS TO THE ORIGINALLY AUTHORIZING DISTRICT |
---|
1930 | | - | . |
---|
1931 | | - | (g) N |
---|
1932 | | - | OTWITHSTANDING ANY PROVISION OF THIS SUBSECTION (7) TO |
---|
1933 | | - | THE CONTRARY |
---|
1934 | | - | , FOR THE PURPOSES OF THIS SUBSECTION (7), IF A DISTRICT'S |
---|
1935 | | - | FUNDED PUPIL COUNT CALCULATED PURSUANT TO THIS SUBSECTION |
---|
1936 | | - | (7) FOR |
---|
1937 | | - | A BUDGET YEAR IS FEWER THAN FIFTY PUPILS |
---|
1938 | | - | , THE DISTRICT'S FUNDED PUPIL |
---|
1939 | | - | COUNT FOR THE BUDGET YEAR IS FIFTY PUPILS |
---|
1940 | | - | . |
---|
1941 | | - | (h) S |
---|
1942 | | - | OLELY FOR THE PURPOSE OF AVERAGING PUPIL ENROLLMENT |
---|
1943 | | - | PURSUANT TO SUBSECTION |
---|
1944 | | - | (7)(a) OF THIS SECTION FOR A DISTRICT THAT |
---|
1945 | | - | OPERATES A FULL |
---|
1946 | | - | -DAY KINDERGARTEN EDUCATIONAL PROGRAM , THE |
---|
1947 | | - | DEPARTMENT OF EDUCATION SHALL ADJUST THE DISTRICT |
---|
1948 | | - | 'S PUPIL |
---|
1949 | | - | ENROLLMENTS FOR THE |
---|
1950 | | - | 2018-19, 2017-18, 2016-17, AND 2015-16 BUDGET |
---|
1951 | | - | YEARS BY COUNTING EACH PUPIL ENROLLED IN A FULL |
---|
1952 | | - | -DAY KINDERGARTEN |
---|
1953 | | - | PAGE 42-HOUSE BILL 24-1448 EDUCATIONAL PROGRAM IN ONE OF THOSE BUDGET YEARS AS A FULL -TIME |
---|
1954 | | - | STUDENT |
---|
1955 | | - | . THE ADJUSTMENT TO PUPIL ENROLLMENT MADE PURSUANT TO |
---|
1956 | | - | THIS SUBSECTION |
---|
1957 | | - | (7)(h) DOES NOT AFFECT OR CHANGE THE FUNDED PUPIL |
---|
1958 | | - | COUNT USED TO CALCULATE A DISTRICT |
---|
1959 | | - | 'S FISCAL YEAR SPENDING |
---|
1960 | | - | LIMITATION PURSUANT TO SECTION |
---|
1961 | | - | 20 OF ARTICLE X OF THE STATE |
---|
1962 | | - | CONSTITUTION FOR A BUDGET YEAR COMMENCING BEFORE |
---|
1963 | | - | JULY 1, 2019. |
---|
1964 | | - | (8) T |
---|
1965 | | - | HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2031. |
---|
1966 | | - | SECTION 9. In Colorado Revised Statutes, add 22-20-114.3 as |
---|
1967 | | - | follows: |
---|
1968 | | - | 22-20-114.3. Agreements with administrative units for special |
---|
1969 | | - | education services - legislative declaration. (1) T |
---|
1970 | | - | HE GENERAL ASSEMBLY |
---|
1971 | | - | FINDS AND DECLARES THAT THE REQUIREMENTS DESCRIBED IN SUBSECTION |
---|
1972 | | - | (2) OF THIS SECTION ARE NECESSARY AS A MATTER OF PUBLIC POLICY . |
---|
1973 | | - | (2) N |
---|
1974 | | - | O LATER THAN JULY 1, 2025, A DISTRICT OR INSTITUTE CHARTER |
---|
1975 | | - | SCHOOL THAT IS SERVED BY A MULTI |
---|
1976 | | - | -DISTRICT ADMINISTRATIVE UNIT FOR |
---|
1977 | | - | THE ESTABLISHMENT |
---|
1978 | | - | , MAINTENANCE, OR PROVISION OF SPECIAL EDUCATION |
---|
1979 | | - | SERVICES MUST UPDATE AN EXISTING AGREEMENT CONCERNING SPECIAL |
---|
1980 | | - | EDUCATION SERVICES TO CONTAIN PROVISIONS REGARDING THE ALLOCATION |
---|
1981 | | - | OF ANY DISTRICT SPECIAL EDUCATION PUPIL FUNDING RECEIVED BY A |
---|
1982 | | - | SERVED DISTRICT OR INSTITUTE CHARTER SCHOOL PURSUANT TO ARTICLE |
---|
1983 | | - | 54 |
---|
1984 | | - | OF THIS TITLE 22. |
---|
1985 | | - | SECTION 10. In Colorado Revised Statutes, 22-41-102, amend |
---|
1986 | | - | (3)(h) introductory portion; and add (3)(i), (3)(j), and (3)(k) as follows: |
---|
1987 | | - | 22-41-102. Fund inviolate. (3) (h) For the 2022-23 state fiscal year |
---|
1988 | | - | and each state fiscal year thereafter |
---|
1989 | | - | THROUGH THE 2023-24 STATE FISCAL |
---|
1990 | | - | YEAR |
---|
1991 | | - | , interest or income earned on the investment of the money in the |
---|
1992 | | - | public school fund must be used or credited as follows: |
---|
1993 | | - | (i) F |
---|
1994 | | - | OR THE 2024-25 STATE FISCAL YEAR, INTEREST AND INCOME |
---|
1995 | | - | EARNED ON THE INVESTMENT OF THE MONEY IN THE PUBLIC SCHOOL FUND |
---|
1996 | | - | MUST BE USED OR CREDITED AS FOLLOWS |
---|
1997 | | - | : |
---|
1998 | | - | (I) T |
---|
1999 | | - | HE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE TO THE |
---|
2000 | | - | STATE TREASURER AN AMOUNT NECESSARY TO PAY FOR THE SERVICES OF |
---|
2001 | | - | PAGE 43-HOUSE BILL 24-1448 THE INVESTMENT CONSULTANT HIRED BY THE PUBLIC SCHOOL FUND |
---|
2002 | | - | INVESTMENT BOARD PURSUANT TO SECTION |
---|
2003 | | - | 22-41-102.5 (5) AND TO PAY FOR |
---|
2004 | | - | ANY REIMBURSEMENT FOR TRAVEL AND OTHER NECESSARY EXPENSES |
---|
2005 | | - | INCURRED BY THE MEMBERS OF THE PUBLIC SCHOOL FUND INVESTMENT |
---|
2006 | | - | BOARD PURSUANT TO SECTION |
---|
2007 | | - | 22-41-102.5 (2); |
---|
2008 | | - | (II) A |
---|
2009 | | - | FTER THE APPROPRIATION MADE PURSUANT TO SUBSECTION |
---|
2010 | | - | (3)(i)(I) OF THIS SECTION, THE LESSER OF ALL INTEREST AND INCOME OR |
---|
2011 | | - | ELEVEN MILLION DOLLARS IS CREDITED TO THE STATE PUBLIC SCHOOL FUND |
---|
2012 | | - | CREATED IN SECTION |
---|
2013 | | - | 22-54-114 FOR DISTRIBUTION AS PROVIDED IN THAT |
---|
2014 | | - | SECTION |
---|
2015 | | - | ; |
---|
2016 | | - | (III) A |
---|
2017 | | - | FTER MONEY IN THE PUBLIC SCHOOL FUND HAS BEEN |
---|
2018 | | - | APPROPRIATED OR CREDITED PURSUANT TO SUBSECTIONS |
---|
2019 | | - | (3)(i)(I) AND |
---|
2020 | | - | (3)(i)(II) OF THIS SECTION, THE LESSER OF ALL INTEREST AND INCOME OR |
---|
2021 | | - | THIRTY MILLION DOLLARS IS CREDITED TO THE RESTRICTED ACCOUNT OF THE |
---|
2022 | | - | PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE FUND CREATED IN |
---|
2023 | | - | SECTION |
---|
2024 | | - | 22-43.7-104 (5) FOR USE AS PROVIDED IN THAT SECTION; AND |
---|
2025 | | - | (IV) ANY ADDITIONAL INTEREST AND INCOME REMAINING IN THE |
---|
2026 | | - | PUBLIC SCHOOL FUND MAY BE CREDITED AS SPECIFIED BY THE GENERAL |
---|
2027 | | - | ASSEMBLY |
---|
2028 | | - | , TAKING INTO CONSIDERATION THE RECOMMENDATIONS OF THE |
---|
2029 | | - | PUBLIC SCHOOL FUND INVESTMENT BOARD DESCRIBED IN SECTION |
---|
2030 | | - | 22-41-102.5 (4)(a)(III), OR, IF NOT CREDITED PURSUANT TO THIS |
---|
2031 | | - | SUBSECTION |
---|
2032 | | - | (3)(i)(IV), REMAINS IN THE PUBLIC SCHOOL FUND. |
---|
2033 | | - | (j) F |
---|
2034 | | - | OR THE 2025-26 STATE FISCAL YEAR, INTEREST AND INCOME |
---|
2035 | | - | EARNED ON THE INVESTMENT OF THE MONEY IN THE PUBLIC SCHOOL FUND |
---|
2036 | | - | MUST BE USED OR CREDITED AS FOLLOWS |
---|
2037 | | - | : |
---|
2038 | | - | (I) T |
---|
2039 | | - | HE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE TO THE |
---|
2040 | | - | STATE TREASURER AN AMOUNT NECESSARY TO PAY FOR THE SERVICES OF |
---|
2041 | | - | THE INVESTMENT CONSULTANT HIRED BY THE PUBLIC SCHOOL FUND |
---|
2042 | | - | INVESTMENT BOARD PURSUANT TO SECTION |
---|
2043 | | - | 22-41-102.5 (5) AND TO PAY FOR |
---|
2044 | | - | ANY REIMBURSEMENT FOR TRAVEL AND OTHER NECESSARY EXPENSES |
---|
2045 | | - | INCURRED BY THE MEMBERS OF THE PUBLIC SCHOOL FUND INVESTMENT |
---|
2046 | | - | BOARD PURSUANT TO SECTION |
---|
2047 | | - | 22-41-102.5 (2); |
---|
2048 | | - | (II) A |
---|
2049 | | - | FTER THE APPROPRIATION MADE PURSUANT TO SUBSECTION |
---|
2050 | | - | (3)(j)(I) OF THIS SECTION, THE LESSER OF ALL INTEREST AND INCOME OR FIVE |
---|
2051 | | - | PAGE 44-HOUSE BILL 24-1448 MILLION DOLLARS IS CREDITED TO THE STATE PUBLIC SCHOOL F UND CREATED |
---|
2052 | | - | IN SECTION |
---|
2053 | | - | 22-54-114 FOR DISTRIBUTION AS PROVIDED IN THAT SECTION; |
---|
2054 | | - | (III) A |
---|
2055 | | - | FTER MONEY IN THE PUBLIC SCHOOL FUND HAS BEEN |
---|
2056 | | - | APPROPRIATED OR CREDITED PURSUANT TO SUBSECTIONS |
---|
2057 | | - | (3)(j)(I) AND |
---|
2058 | | - | (3)(j)(II) OF THIS SECTION, THE LESSER OF ALL INTEREST AND INCOME OR |
---|
2059 | | - | THIRTY |
---|
2060 | | - | -SIX MILLION DOLLARS IS CREDITED TO THE RESTRICTED ACCOUNT OF |
---|
2061 | | - | THE PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE FUND CREATED IN |
---|
2062 | | - | SECTION |
---|
2063 | | - | 22-43.7-104 (5) FOR USE AS PROVIDED IN THAT SECTION; AND |
---|
2064 | | - | (IV) ANY ADDITIONAL INTEREST AND INCOME REMAINING IN THE |
---|
2065 | | - | PUBLIC SCHOOL FUND MAY BE CREDITED AS SPECIFIED BY THE GENERAL |
---|
2066 | | - | ASSEMBLY |
---|
2067 | | - | , TAKING INTO CONSIDERATION THE RECOMMENDATIONS OF THE |
---|
2068 | | - | PUBLIC SCHOOL FUND INVESTMENT BOARD DESCRIBED IN SECTION |
---|
2069 | | - | 22-41-102.5 (4)(a)(III), OR, IF NOT CREDITED PURSUANT TO THIS |
---|
2070 | | - | SUBSECTION |
---|
2071 | | - | (3)(j)(IV), REMAINS IN THE PUBLIC SCHOOL FUND. |
---|
2072 | | - | (k) F |
---|
2073 | | - | OR THE 2026-27 STATE FISCAL YEAR AND EACH STATE FISCAL |
---|
2074 | | - | YEAR THEREAFTER |
---|
2075 | | - | , INTEREST AND INCOME EARNED ON THE INVESTMENT OF |
---|
2076 | | - | THE MONEY IN THE PUBLIC SCHOOL FUND MUST BE USED OR CREDITED AS |
---|
2077 | | - | FOLLOWS |
---|
2078 | | - | : |
---|
2079 | | - | (I) T |
---|
2080 | | - | HE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE TO THE |
---|
2081 | | - | STATE TREASURER AN AMOUNT NECESSARY TO PAY FOR THE SERVICES OF |
---|
2082 | | - | THE INVESTMENT CONSULTANT HIRED BY THE PUBLIC SCHOOL FUND |
---|
2083 | | - | INVESTMENT BOARD PURSUANT TO SECTION |
---|
2084 | | - | 22-41-102.5 (5) AND TO PAY FOR |
---|
2085 | | - | ANY REIMBURSEMENT FOR TRAVEL AND OTHER NECESSARY EXPENSES |
---|
2086 | | - | INCURRED BY THE MEMBERS OF THE PUBLIC SCHOOL FUND INVESTMENT |
---|
2087 | | - | BOARD PURSUANT TO SECTION |
---|
2088 | | - | 22-41-102.5 (2); |
---|
2089 | | - | (II) A |
---|
2090 | | - | FTER MONEY IN THE PUBLIC SCHOOL FUND HAS BEEN |
---|
2091 | | - | APPROPRIATED PURSUANT TO SUBSECTION |
---|
2092 | | - | (3)(k)(I) OF THIS SECTION, THE |
---|
2093 | | - | LESSER OF ALL INTEREST AND INCOME OR FORTY |
---|
2094 | | - | -ONE MILLION DOLLARS IS |
---|
2095 | | - | CREDITED TO THE RESTRICTED ACCOUNT OF THE PUBLIC SCHOOL CAPITAL |
---|
2096 | | - | CONSTRUCTION ASSISTANCE FUND CREATED IN SECTION |
---|
2097 | | - | 22-43.7-104 (5) FOR |
---|
2098 | | - | USE AS PROVIDED IN THAT SECTION |
---|
2099 | | - | ; AND |
---|
2100 | | - | (III) ANY ADDITIONAL INTEREST AND INCOME REMAINING IN THE |
---|
2101 | | - | PUBLIC SCHOOL FUND MAY BE CREDITED AS SPECIFIED BY THE GENERAL |
---|
2102 | | - | ASSEMBLY |
---|
2103 | | - | , TAKING INTO CONSIDERATION THE RECOMMENDATIONS OF THE |
---|
2104 | | - | PAGE 45-HOUSE BILL 24-1448 PUBLIC SCHOOL FUND INVESTMENT BOARD DESCRIBED IN SECTION |
---|
2105 | | - | 22-41-102.5 (4)(a)(III), OR, IF NOT CREDITED PURSUANT TO THIS |
---|
2106 | | - | SUBSECTION |
---|
2107 | | - | (3)(k)(III), REMAINS IN THE PUBLIC SCHOOL FUND. |
---|
2108 | | - | SECTION 11. In Colorado Revised Statutes, 22-43.7-104, amend |
---|
2109 | | - | (2)(d) as follows: |
---|
2110 | | - | 22-43.7-104. Public school capital construction assistance fund |
---|
2111 | | - | - creation - crediting of money to fund - use of fund - emergency |
---|
2112 | | - | reserve - creation - reserve account - creation and use. (2) (d) (I) For the |
---|
2113 | | - | state fiscal year commencing July 1, 2018, the state treasurer, as provided |
---|
2114 | | - | in section 39-28.8-305 (1)(a), shall credit to the assistance fund the greater |
---|
2115 | | - | of the first forty million dollars received and collected from the excise tax |
---|
2116 | | - | on retail marijuana imposed pursuant to part 3 of article 28.8 of title 39 or |
---|
2117 | | - | ninety percent of the money received and collected from the tax. For the |
---|
2118 | | - | state fiscal year commencing July 1, 2019, and for each state fiscal year |
---|
2119 | | - | thereafter except for the state fiscal year commencing July 1, 2020, the state |
---|
2120 | | - | treasurer, as provided in section 39-28.8-305 (1)(a), shall annually credit to |
---|
2121 | | - | the assistance fund all of the money received and collected from the excise |
---|
2122 | | - | tax on retail marijuana imposed pursuant to part 3 of article 28.8 of title 39. |
---|
2123 | | - | For the state fiscal year commencing July 1, 2020, the state treasurer, as |
---|
2124 | | - | provided in section 39-28.8-305 (1)(a), shall credit to the assistance fund the |
---|
2125 | | - | lesser of the first forty million dollars received and collected from the |
---|
2126 | | - | excise tax on retail marijuana imposed pursuant to part 3 of article 28.8 of |
---|
2127 | | - | title 39 or all of the money received and collected from the tax. For state |
---|
2128 | | - | fiscal years commencing before July 1, 2019, the state treasurer shall credit |
---|
2129 | | - | twelve and five-tenths percent of the amount annually credited pursuant to |
---|
2130 | | - | this subsection (2)(d) to the charter school facilities assistance account, |
---|
2131 | | - | which account is created within the assistance fund. For each state fiscal |
---|
2132 | | - | year commencing on or after July 1, 2019, the state treasurer shall credit to |
---|
2133 | | - | the charter school facilities assistance account a percentage of the amount |
---|
2134 | | - | credited pursuant to this subsection (2)(d) that is equal to the percentage of |
---|
2135 | | - | pupil enrollment, as defined in section 22-54-103 (10), statewide |
---|
2136 | | - | represented by pupils who were enrolled in charter schools for the prior |
---|
2137 | | - | school year. The department of education shall notify the state treasurer of |
---|
2138 | | - | the applicable percentage no later than June 1 of the immediately preceding |
---|
2139 | | - | fiscal year. |
---|
2140 | | - | (II) I |
---|
2141 | | - | N ADDITION TO THE CREDIT MADE TO THE CHARTER SCHOOL |
---|
2142 | | - | FACILITIES ASSISTANCE ACCOUNT PURSUANT TO SUBSECTION |
---|
2143 | | - | (2)(d)(I) OF |
---|
2144 | | - | PAGE 46-HOUSE BILL 24-1448 THIS SECTION, THE STATE TREASURER SHALL CREDIT THE FOLLOWING |
---|
2145 | | - | AMOUNTS TO THE CHARTER SC HOOL FACILITIES ASSISTANCE ACCOUNT FROM |
---|
2146 | | - | THE PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE FUND |
---|
2147 | | - | : |
---|
2148 | | - | (A) F |
---|
2149 | | - | OR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 2024, |
---|
2150 | | - | ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ; |
---|
2151 | | - | (B) F |
---|
2152 | | - | OR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 2025, |
---|
2153 | | - | TWELVE MILLION DOLLARS; |
---|
2154 | | - | (C) F |
---|
2155 | | - | OR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 2026, |
---|
2156 | | - | THIRTEEN MILLION DOLLARS; |
---|
2157 | | - | (D) F |
---|
2158 | | - | OR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 2027, |
---|
2159 | | - | FOURTEEN MILLION DOLLARS; AND |
---|
2160 | | - | (E) FOR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 2028, |
---|
2161 | | - | FIFTEEN MILLION DOLLARS. |
---|
2162 | | - | (III) I |
---|
2163 | | - | F ELIGIBILITY CRITERIA ARE SATISFIED, THE DEPARTMENT |
---|
2164 | | - | SHALL APPLY FOR A STATE CHARTER SCHOOL FACILITIES INCENTIVE GRANT |
---|
2165 | | - | AWARDED BY THE |
---|
2166 | | - | UNITED STATES DEPARTMENT OF EDUCATION . |
---|
2167 | | - | SECTION 12. In Colorado Revised Statutes, 22-43.7-110, amend |
---|
2168 | | - | (2)(a)(VII) and (2)(a)(VIII); and add (2)(a)(IX) as follows: |
---|
2169 | | - | 22-43.7-110. Financial assistance - grants - financed purchase of |
---|
2170 | | - | an asset agreements. (2) Subject to the following requirements and |
---|
2171 | | - | limitations, the board may also instruct the state treasurer to enter into |
---|
2172 | | - | financed purchase of an asset or certificate of participation agreements on |
---|
2173 | | - | behalf of the state to provide financial assistance to applicants by financing |
---|
2174 | | - | public school facility capital construction projects for which the state board |
---|
2175 | | - | has recommended and the capital development committee has authorized |
---|
2176 | | - | the provision of financial assistance that involves a financed purchase of an |
---|
2177 | | - | asset or certificate of participation agreement pursuant to section |
---|
2178 | | - | 22-43.7-109 (7): |
---|
2179 | | - | (a) Subject to the limitation specified in subsection (2)(b) of this |
---|
2180 | | - | section, the maximum total amount of annual payments payable by the state |
---|
2181 | | - | during any fiscal year under the terms of all outstanding financed purchase |
---|
2182 | | - | PAGE 47-HOUSE BILL 24-1448 of an asset or certificate of participation agreements entered into by the state |
---|
2183 | | - | treasurer as instructed by the board pursuant to this subsection (2) is: |
---|
2184 | | - | (VII) One hundred five million dollars for the 2019-20 fiscal year; |
---|
2185 | | - | and |
---|
2186 | | - | (VIII) One hundred twenty-five million dollars for the 2020-21 |
---|
| 2027 | + | OR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 2028,21 |
---|
| 2028 | + | FIFTEEN MILLION DOLLARS.22 |
---|
| 2029 | + | (III) IF ELIGIBILITY CRITERIA ARE SATISFIED, THE DEPARTMENT23 |
---|
| 2030 | + | SHALL APPLY FOR A STATE CHARTER SCHOOL FACILITIES INCENTIVE GRANT24 |
---|
| 2031 | + | AWARDED BY THE UNITED STATES DEPARTMENT OF EDUCATION .25 |
---|
| 2032 | + | SECTION 12. In Colorado Revised Statutes, 22-43.7-110,26 |
---|
| 2033 | + | amend (2)(a)(VII) and (2)(a)(VIII); and add (2)(a)(IX) as follows:27 |
---|
| 2034 | + | 1448 |
---|
| 2035 | + | -63- 22-43.7-110. Financial assistance - grants - financed purchase1 |
---|
| 2036 | + | of an asset agreements. (2) Subject to the following requirements and2 |
---|
| 2037 | + | limitations, the board may also instruct the state treasurer to enter into3 |
---|
| 2038 | + | financed purchase of an asset or certificate of participation agreements on4 |
---|
| 2039 | + | behalf of the state to provide financial assistance to applicants by5 |
---|
| 2040 | + | financing public school facility capital construction projects for which the6 |
---|
| 2041 | + | state board has recommended and the capital development committee has7 |
---|
| 2042 | + | authorized the provision of financial assistance that involves a financed8 |
---|
| 2043 | + | purchase of an asset or certificate of participation agreement pursuant to9 |
---|
| 2044 | + | section 22-43.7-109 (7):10 |
---|
| 2045 | + | (a) Subject to the limitation specified in subsection (2)(b) of this11 |
---|
| 2046 | + | section, the maximum total amount of annual payments payable by the12 |
---|
| 2047 | + | state during any fiscal year under the terms of all outstanding financed13 |
---|
| 2048 | + | purchase of an asset or certificate of participation agreements entered into14 |
---|
| 2049 | + | by the state treasurer as instructed by the board pursuant to this subsection15 |
---|
| 2050 | + | (2) is:16 |
---|
| 2051 | + | (VII) One hundred five million dollars for the 2019-20 fiscal year;17 |
---|
| 2052 | + | and18 |
---|
| 2053 | + | (VIII) One hundred twenty-five million dollars for the 2020-2119 |
---|
2188 | | - | THROUGH THE 2023-24 FISCAL |
---|
2189 | | - | YEAR |
---|
2190 | | - | ; AND |
---|
2191 | | - | (IX) ONE HUNDRED FIFTY MILLION DOLLARS FOR THE 2024-25 FISCAL |
---|
2192 | | - | YEAR AND FOR EACH FISCAL YEAR THEREAFTER |
---|
2193 | | - | . |
---|
2194 | | - | SECTION 13. In Colorado Revised Statutes, 22-43.7-111, add |
---|
2195 | | - | (1)(f) as follows: |
---|
2196 | | - | 22-43.7-111. Reporting requirements - auditing by state auditor. |
---|
2197 | | - | (1) Notwithstanding section 24-1-136 (11)(a)(I), no later than February 15, |
---|
2198 | | - | 2010, and no later than each February 15 thereafter, the board shall present |
---|
2199 | | - | a written report to the education and finance committees of the house of |
---|
2200 | | - | representatives and the senate and the capital development committee, or |
---|
2201 | | - | any successor committees, regarding the provision of financial assistance |
---|
2202 | | - | to applicants pursuant to this article 43.7. The report must include, at a |
---|
2203 | | - | minimum: |
---|
2204 | | - | (f) B |
---|
2205 | | - | EGINNING IN THE REPORT DUE NO LATER THAN FEBRUARY 15, |
---|
2206 | | - | 2026, |
---|
2207 | | - | AND CONTINUING ANNUALLY PURSUANT TO SUBSECTION (1) OF THIS |
---|
2208 | | - | SECTION |
---|
2209 | | - | , IN ADDITION TO THE REPORTING REQUIREMENTS DESCRIBED IN |
---|
2210 | | - | SUBSECTIONS |
---|
2211 | | - | (1)(a) THROUGH (1)(e) OF THIS SECTION, THE REPORT MUST |
---|
2212 | | - | ALSO SEPARATELY SPECIFY ALL THE INFORMATION DESCRIBED IN |
---|
2213 | | - | SUBSECTIONS |
---|
2214 | | - | (1)(a) THROUGH (1)(e) OF THIS SECTION AS EACH RELATES TO |
---|
2215 | | - | CHARTER SCHOOLS |
---|
2216 | | - | , AS APPLICABLE. |
---|
2217 | | - | SECTION 14. In Colorado Revised Statutes, repeal 22-54-104.1. |
---|
2218 | | - | SECTION 15. In Colorado Revised Statutes, 22-54-104.2, amend |
---|
2219 | | - | (1); and repeal (2) as follows: |
---|
2220 | | - | 22-54-104.2. Legislative declaration. (1) The general assembly |
---|
2221 | | - | hereby finds and declares that, for purposes of section 17 of article IX of the |
---|
2222 | | - | PAGE 48-HOUSE BILL 24-1448 state constitution, the expansion of the definition of "at-risk pupils", as |
---|
2223 | | - | defined in section 22-54-103 (1.5)(a)(V), to include district pupils who are |
---|
2224 | | - | English language learners, as defined in section 22-54-103 (1.5)(b)(IV), the |
---|
2225 | | - | increase in the at-risk factor pursuant to section 22-54-104 (5)(f)(II) for |
---|
2226 | | - | districts whose percentage of at-risk pupils is greater than the statewide |
---|
2227 | | - | average percentage of at-risk pupils and whose funded pupil count is greater |
---|
2228 | | - | than fifty thousand, the requirement that districts that receive at-risk funding |
---|
2229 | | - | spend a portion of their at-risk funding on implementation of the district's |
---|
2230 | | - | English language proficiency program pursuant to section 22-54-105 |
---|
2231 | | - | (3)(b)(I) and the increase in the at-risk factor from 11.2% to 12% for the |
---|
2232 | | - | 2005-06 budget year and each budget year thereafter pursuant to section |
---|
2233 | | - | 22-54-104 (2)(b)(II)(A) |
---|
2234 | | - | (2)(b)(II) and (5)(f) are important elements of |
---|
2235 | | - | accountable programs to meet state academic standards and may therefore |
---|
2236 | | - | receive funding from the state education fund created in section 17 (4) of |
---|
2237 | | - | article IX of the state constitution. |
---|
2238 | | - | (2) The general assembly further finds and declares that, for |
---|
2239 | | - | purposes of section 17 of article IX of the state constitution, the enactment |
---|
2240 | | - | of the definition of "at-risk funded pupil count", as defined in section |
---|
2241 | | - | 22-54-103 (1), to allow up to three-year averaging of the number of at-risk |
---|
2242 | | - | pupils, is an important element of accountable education reform and may |
---|
2243 | | - | therefore receive funding from the state education fund created in section |
---|
2244 | | - | 17 (4) of article IX of the state constitution. |
---|
2245 | | - | SECTION 16. In Colorado Revised Statutes, 22-54-104.3, amend |
---|
2246 | | - | (2.7)(a), (2.7)(d)(I) introductory portion, and (2.7)(d)(I)(A); and repeal (3) |
---|
2247 | | - | and (5) as follows: |
---|
2248 | | - | 22-54-104.3. Total program for budget years - special |
---|
2249 | | - | provisions. (2.7) (a) For the 1997-98 budget year and budget years |
---|
2250 | | - | thereafter, Notwithstanding the provisions of section 22-54-104 (2) and (6) |
---|
2251 | | - | THIS ARTICLE 54, a district's total program for the applicable budget year |
---|
2252 | | - | shall MUST not exceed the district's total program for the prior budget year |
---|
2253 | | - | multiplied by 100% ONE HUNDRED PERCENT plus the district's maximum |
---|
2254 | | - | annual percentage change in the applicable fiscal year spending. |
---|
2255 | | - | (d) (I) For the 1998-99 budget year and budget years thereafter, If |
---|
2256 | | - | a district's total program is calculated pursuant to paragraph (a) of this |
---|
2257 | | - | subsection (2.7) SUBSECTION (2.7)(a) OF THIS SECTION and the district is |
---|
2258 | | - | capable of receiving an increase in its total program within the limitations |
---|
2259 | | - | PAGE 49-HOUSE BILL 24-1448 on its fiscal year spending for the applicable budget year under section 20 |
---|
2260 | | - | of article X of the state constitution, the district may certify to the |
---|
2261 | | - | department that it may receive an additional increase in its total program for |
---|
2262 | | - | the applicable budget year in an amount equal to the lesser of: |
---|
2263 | | - | (A) The difference between the district's total program for the |
---|
2264 | | - | applicable budget year calculated pursuant to paragraph (a) of this |
---|
2265 | | - | subsection (2.7) SUBSECTION (2.7)(a) OF THIS SECTION and the district's total |
---|
2266 | | - | program for the applicable budget year calculated DETERMINED pursuant to |
---|
2267 | | - | section 22-54-104 (2) or (6) THIS ARTICLE 54; or |
---|
2268 | | - | (3) Notwithstanding the provisions of section 22-54-104 (2), for the |
---|
2269 | | - | 1994-95 budget year, if a district's 1994-95 total formula per pupil funding |
---|
2270 | | - | is less than the district's 1993-94 total per pupil funding, the total program |
---|
2271 | | - | for such district shall be calculated in accordance with the following |
---|
2272 | | - | formula: |
---|
2273 | | - | (a) If the district's 1994-95 funded pupil count is equal to or less |
---|
2274 | | - | than the district's 1993-94 funded pupil count, the formula shall be: |
---|
2275 | | - | District 1993-94 funded pupil count x District 1993-94 total per |
---|
2276 | | - | pupil funding. |
---|
2277 | | - | (b) If the district's 1994-95 funded pupil count is greater than the |
---|
2278 | | - | district's 1993-94 funded pupil count, the formula shall be: |
---|
2279 | | - | District 1993-94 total funding + ((District 1994-95 funded pupil |
---|
2280 | | - | count - District 1993-94 funded pupil count) x District 1994-95 total |
---|
2281 | | - | formula per pupil funding). |
---|
2282 | | - | (5) For purposes of subsection (3) of this section and section |
---|
2283 | | - | 22-54-104 (6): |
---|
2284 | | - | (a) to (d) Repealed. |
---|
2285 | | - | (e) A district's "prior year total per pupil funding" means the amount |
---|
2286 | | - | which results from dividing the district's prior year total program by the |
---|
2287 | | - | district's prior year funded pupil count. |
---|
2288 | | - | (f) A district's "total formula per pupil funding" means the total |
---|
2289 | | - | program for a district for the applicable budget year, as calculated pursuant |
---|
2290 | | - | to section 22-54-104 (2), divided by the district's funded pupil count for the |
---|
2291 | | - | PAGE 50-HOUSE BILL 24-1448 applicable budget year. |
---|
2292 | | - | (g) (Deleted by amendment, L. 95, p. 613, § 15, effective May 22, |
---|
2293 | | - | 1995.) |
---|
2294 | | - | SECTION 17. In Colorado Revised Statutes, 22-54-105, amend |
---|
2295 | | - | (3)(a); and repeal (3)(b) as follows: |
---|
2296 | | - | 22-54-105. Instructional supplies and materials - capital reserve |
---|
2297 | | - | and insurance reserve - at-risk funding - preschool funding. (3) (a) For |
---|
2298 | | - | the 1997-98 budget year and budget years thereafter, Every district that |
---|
2299 | | - | receives at-risk funding pursuant to the provisions of section 22-54-104 |
---|
2300 | | - | THIS ARTICLE 54 shall expend in total at least seventy-five percent of the |
---|
2301 | | - | district's at-risk funding on direct instruction or staff development, or both, |
---|
2302 | | - | for the educational program of at-risk pupils in the district. |
---|
2303 | | - | (b) (I) Notwithstanding the provisions of paragraph (a) of this |
---|
2304 | | - | subsection (3), for the 2001-02 budget year and budget years thereafter, any |
---|
2305 | | - | district that receives at-risk funding pursuant to section 22-54-104 and |
---|
2306 | | - | qualifies for a higher at-risk factor as provided in section 22-54-104 |
---|
2307 | | - | (5)(f)(II) shall expend an amount calculated pursuant to subparagraph (II) |
---|
2308 | | - | of this paragraph (b) on implementation of the district's English language |
---|
2309 | | - | proficiency program as provided in article 24 of this title. It is the intent of |
---|
2310 | | - | the general assembly that each school district expend said amount on |
---|
2311 | | - | English language proficiency programs that are either taught in English or |
---|
2312 | | - | that are designed to move students as quickly as possible into programs |
---|
2313 | | - | taught in English. The district shall expend at least seventy-five percent of |
---|
2314 | | - | the remaining amount of at-risk funding received on direct instruction or |
---|
2315 | | - | staff development, or both, for the educational program of at-risk pupils in |
---|
2316 | | - | the district. |
---|
2317 | | - | (II) The amount of at-risk funding expended pursuant to |
---|
2318 | | - | subparagraph (I) of this paragraph (b) shall be equal to the difference |
---|
2319 | | - | between the amount of at-risk funding generated by an increase in the |
---|
2320 | | - | at-risk factor of 0.36 of a percentage point versus an increase of 0.34 of a |
---|
2321 | | - | percentage point for each percentage point that the district percentage of |
---|
2322 | | - | at-risk pupils exceeds the statewide average percentage of at-risk pupils. |
---|
2323 | | - | SECTION 18. In Colorado Revised Statutes, 22-54-106, amend |
---|
2324 | | - | (2.1)(c)(I) and (2.1)(e)(II); and repeal (2) as follows: |
---|
2325 | | - | PAGE 51-HOUSE BILL 24-1448 22-54-106. Local and state shares of district total program - |
---|
2326 | | - | legislative declaration - definition - repeal. (2) (a) Except as provided in |
---|
2327 | | - | subsection (2)(c) of this section for reorganized districts, for the 2007 |
---|
2328 | | - | property tax year and property tax years thereafter through the 2019 |
---|
2329 | | - | property tax year, each district shall levy the lesser of: |
---|
2330 | | - | (I) The number of mills levied by the district for the immediately |
---|
2331 | | - | preceding property tax year; |
---|
2332 | | - | (II) (A) Subject to the provisions of sub-subparagraph (B) of this |
---|
2333 | | - | subparagraph (II), the number of mills that will generate property tax |
---|
2334 | | - | revenue in an amount equal to the district's total program for the applicable |
---|
2335 | | - | budget year minus the amount of specific ownership tax revenue paid to the |
---|
2336 | | - | district. |
---|
2337 | | - | (B) Regardless of the applicability of section 22-54-104 (5)(g), for |
---|
2338 | | - | the purposes of this subparagraph (II), a district's total program shall be the |
---|
2339 | | - | amount calculated pursuant to section 22-54-104 (2). |
---|
2340 | | - | (III) For a district that has not obtained voter approval to retain and |
---|
2341 | | - | spend revenues in excess of the property tax revenue limitation imposed on |
---|
2342 | | - | the district by section 20 of article X of the state constitution, the number |
---|
2343 | | - | of mills that may be levied by the district under the property tax revenue |
---|
2344 | | - | limitation imposed on the district by section 20 of article X of the state |
---|
2345 | | - | constitution. In the calculation of local growth for purposes of determining |
---|
2346 | | - | the property tax revenue limitation imposed on a district under this |
---|
2347 | | - | subparagraph (III), a district's student enrollment shall be the district's |
---|
2348 | | - | funded pupil count. |
---|
2349 | | - | (IV) Repealed. |
---|
2350 | | - | (V) Twenty-seven mills. |
---|
2351 | | - | (b) (I) (A) If a district's total program for the 1994-95 budget year |
---|
2352 | | - | was calculated pursuant to section 22-54-104.3, for the 1995 property tax |
---|
2353 | | - | year, the levy calculated pursuant to paragraph (a) of this subsection (2) |
---|
2354 | | - | shall be reduced by the number of mills required to generate the difference |
---|
2355 | | - | between the district's total program for the 1994-95 budget year, as |
---|
2356 | | - | calculated pursuant to section 22-54-104.3 (3), and the district's total |
---|
2357 | | - | program for the 1994-95 budget year, as calculated pursuant to section |
---|
2358 | | - | PAGE 52-HOUSE BILL 24-1448 22-54-104 (2). The amount by which property tax revenue is reduced |
---|
2359 | | - | pursuant to this paragraph (b) shall be counted toward the limitation on |
---|
2360 | | - | additional local revenues as provided in section 22-54-108 (3). |
---|
2361 | | - | (B) Notwithstanding the provisions of sub-subparagraph (A) of this |
---|
2362 | | - | subparagraph (I), if the mill levy was calculated pursuant to subparagraph |
---|
2363 | | - | (II) of paragraph (a) of this subsection (2), the difference between the |
---|
2364 | | - | district's total program for the 1994-95 budget year, as calculated pursuant |
---|
2365 | | - | to section 22-54-104.3 (3), and the district's total program for the 1994-95 |
---|
2366 | | - | budget year, as calculated pursuant to section 22-54-104 (2), shall be added |
---|
2367 | | - | to the total program as calculated pursuant to section 22-54-104 (2) to |
---|
2368 | | - | calculate the levy pursuant to this subparagraph (I). |
---|
2369 | | - | (II) If after calculating the mill levy pursuant to subparagraph (I) of |
---|
2370 | | - | this paragraph (b) the district's levy exceeds 41.75 mills, the district shall |
---|
2371 | | - | levy 41.75 mills. |
---|
2372 | | - | (III) For the 1995-96 budget year, if the amount of property tax |
---|
2373 | | - | generated for the 1994-95 budget year by the number of mills by which the |
---|
2374 | | - | mills levied by the district for the 1994-95 budget year exceeded 40.080 |
---|
2375 | | - | mills was equal to or exceeded the difference between the district's total |
---|
2376 | | - | program for the 1994-95 budget year, as calculated pursuant to section |
---|
2377 | | - | 22-54-104.3 (3), and the district's total program for the 1994-95 budget |
---|
2378 | | - | year, as calculated pursuant to section 22-54-104 (2), the district may levy |
---|
2379 | | - | the difference between the levy pursuant to subparagraph (I) and |
---|
2380 | | - | subparagraph (II) of this paragraph (b). For the 1996-97 budget year and |
---|
2381 | | - | budget years thereafter, the district may continue to impose a mill levy that |
---|
2382 | | - | will generate the amount of revenue produced by the calculation described |
---|
2383 | | - | in this subparagraph (III) for the 1995-96 budget year. The amount of |
---|
2384 | | - | property tax generated pursuant to this subparagraph (III) shall be counted |
---|
2385 | | - | toward the limitation on additional local revenues as provided in section |
---|
2386 | | - | 22-54-108 (3)(f). |
---|
2387 | | - | (c) (I) Notwithstanding any other provision of this subsection (2), |
---|
2388 | | - | if there is a reorganization pursuant to article 30 of this title, except for a |
---|
2389 | | - | detachment and annexation, and if such reorganization involves districts |
---|
2390 | | - | with differing mill levies, then in its first year of operation, the new district |
---|
2391 | | - | shall levy a number of mills that is based on the total property taxes |
---|
2392 | | - | collected in the preceding year from property included within the new |
---|
2393 | | - | district divided by the total valuation for assessment in the preceding year |
---|
2394 | | - | PAGE 53-HOUSE BILL 24-1448 of property located within the new district but in no event more than 41.75 |
---|
2395 | | - | mills. This paragraph (c) shall not apply to any new district whose levy |
---|
2396 | | - | would otherwise be calculated pursuant to subparagraph (II) of paragraph |
---|
2397 | | - | (a) of this subsection (2). |
---|
2398 | | - | (II) If there is a detachment and annexation pursuant to article 30 of |
---|
2399 | | - | this title and if such detachment and annexation involves districts with |
---|
2400 | | - | differing mill levies, then in the first year after the detachment and |
---|
2401 | | - | annexation, the annexing district shall calculate its levy pursuant to |
---|
2402 | | - | paragraph (a) of this subsection (2). |
---|
2403 | | - | (2.1) (c) For the 2021 property tax year and each property tax year |
---|
2404 | | - | thereafter, except as otherwise provided in subsection (2.1)(e) of this |
---|
2405 | | - | section for reorganized districts, each district shall levy the lesser of: |
---|
2406 | | - | (I) The number of mills that will generate property tax revenue in an |
---|
2407 | | - | amount equal to the district's total program for the applicable budget year |
---|
2408 | | - | minus the amount of specific ownership tax revenue paid to the district. |
---|
2409 | | - | Regardless of the applicability of section 22-54-104 (5)(g), for the purposes |
---|
2410 | | - | of this subsection (2.1)(c)(I), a district's total program is the amount |
---|
2411 | | - | calculated pursuant to section 22-54-104 (2). |
---|
2412 | | - | (e) Notwithstanding any other provision of this subsection (2.1) to |
---|
2413 | | - | the contrary, for the 2020 property tax year and each property tax year |
---|
2414 | | - | thereafter, if there is a reorganization pursuant to article 30 of this title 22 |
---|
2415 | | - | that results in the creation of a new district, then in the first year of |
---|
2416 | | - | operation the new district shall levy the lesser of: |
---|
2417 | | - | (II) The number of mills that will generate property tax revenue in |
---|
2418 | | - | an amount equal to the district's total program for the first year of operation |
---|
2419 | | - | minus the amount of specific ownership tax revenue paid to the district. |
---|
2420 | | - | Regardless of the applicability of section 22-54-104 (5)(g), for the purposes |
---|
2421 | | - | of this subsection (2.1)(e)(II), the district's total program is the amount |
---|
2422 | | - | calculated pursuant to section 22-54-104 (2). |
---|
2423 | | - | SECTION 19. In Colorado Revised Statutes, add 22-54-107.7 as |
---|
2424 | | - | follows: |
---|
2425 | | - | 22-54-107.7. Override mill levy match - working group - |
---|
2426 | | - | creation - report - repeal. (1) T |
---|
2427 | | - | HERE IS CREATED BY THE LEGISLATIVE |
---|
2428 | | - | PAGE 54-HOUSE BILL 24-1448 COUNCIL STAFF AN OVERRIDE MILL LEVY MATCH WORKING GROUP TO MEET |
---|
2429 | | - | DURING THE |
---|
2430 | | - | 2024 INTERIM AND MAKE RECOMMENDATIONS CONCERNING |
---|
2431 | | - | MODIFYING THE OVERRIDE MILL LEVY MATCH |
---|
2432 | | - | , CREATED PURSUANT TO |
---|
2433 | | - | SECTION |
---|
2434 | | - | 22-54-107.9, TO ENSURE MORE EQUITABLE FUNDING DISTRIBUTIONS |
---|
2435 | | - | AND GREATER ACCESS TO FUNDING FOR ELIGIBLE DISTRICTS AND ELIGIBLE |
---|
2436 | | - | INSTITUTE CHARTER SCHOOLS |
---|
2437 | | - | , MAKE RECOMMENDATIONS CONCERNING |
---|
2438 | | - | WHICH ELIGIBLE DISTRICTS AND ELIGIBLE INSTITUTE CHARTER SCHOOLS WILL |
---|
2439 | | - | RECEIVE A DISTRIBUTION FROM THE MILL LEVY OVERRIDE MATCH FUND |
---|
2440 | | - | PURSUANT TO SECTION |
---|
2441 | | - | 22-54-107.9 FOR THE 2024-25 BUDGET YEAR, AND TO |
---|
2442 | | - | IDENTIFY AND ANALYZE INEQUITIES BETWEEN NEIGHBORING DISTRICTS THAT |
---|
2443 | | - | HAVE DIFFERING MILL LEVY OVERRIDES |
---|
2444 | | - | , LEVELS OF PROPERTY TAX BASES, |
---|
2445 | | - | OR DEMONSTRATED LEVELS OF LOCAL EFFORT . |
---|
2446 | | - | (2) (a) T |
---|
2447 | | - | HE OVERRIDE MILL LEVY MATCH WORKING GROUP MUST |
---|
2448 | | - | INCLUDE |
---|
2449 | | - | : |
---|
2450 | | - | (I) S |
---|
2451 | | - | EVEN NONLEGISLATIVE MEMBERS WHO ARE CHIEF FINANCIAL |
---|
2452 | | - | OFFICERS APPOINTED AS FOLLOWS |
---|
2453 | | - | : |
---|
2454 | | - | (A) T |
---|
2455 | | - | HE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL |
---|
2456 | | - | APPOINT ONE MEMBER WHO IS A CHIEF FINANCIAL OFFICER OF A RURAL |
---|
2457 | | - | DISTRICT |
---|
2458 | | - | , ONE MEMBER WHO IS A CHIEF FINANCIAL OFFICER OF A SMALL |
---|
2459 | | - | RURAL DISTRICT |
---|
2460 | | - | , ONE MEMBER WHO IS A CHIEF FINANCIAL OFFICER OF A |
---|
2461 | | - | SUBURBAN DISTRICT |
---|
2462 | | - | , AND ONE MEMBER WHO IS A CHIEF FINANCIAL OFFICER |
---|
2463 | | - | OF AN URBAN DISTRICT LOCATED IN OR NEAR THE |
---|
2464 | | - | DENVER METROPOLITAN |
---|
2465 | | - | AREA |
---|
2466 | | - | ; AND |
---|
2467 | | - | (B) THE SENATE MINORITY LEADER SHALL APPOINT ONE MEMBER |
---|
2468 | | - | WHO IS THE CHIEF FINANCIAL OFFICER OF A RURAL DISTRICT |
---|
2469 | | - | , ONE MEMBER |
---|
2470 | | - | WHO IS THE CHIEF FINANCIAL OFFICER OF A SUBURBAN DISTRICT |
---|
2471 | | - | , AND ONE |
---|
2472 | | - | MEMBER WHO IS THE CHIEF FINANCIAL OFFICER OF AN URBAN DISTRICT THAT |
---|
2473 | | - | IS NOT LOCATED IN OR NEAR THE |
---|
2474 | | - | DENVER METROPOLITAN AREA . |
---|
2475 | | - | (II) O |
---|
2476 | | - | NE MEMBER OF THE MAJORITY PARTY IN THE HOUSE OF |
---|
2477 | | - | REPRESENTATIVES |
---|
2478 | | - | , APPOINTED BY THE SPEAKER OF THE HOUSE OF |
---|
2479 | | - | REPRESENTATIVES |
---|
2480 | | - | , WHO SHALL SERVE AS THE CHAIR; AND |
---|
2481 | | - | (III) ONE MEMBER OF THE MINORITY PARTY IN THE SENATE , |
---|
2482 | | - | APPOINTED BY THE MINORITY LEADER OF THE SENATE , WHO SHALL SERVE AS |
---|
2483 | | - | THE VICE |
---|
2484 | | - | -CHAIR. |
---|
2485 | | - | PAGE 55-HOUSE BILL 24-1448 (b) LEGISLATIVE COUNCIL STAFF SHALL ASSIST THE OVERRIDE MILL |
---|
2486 | | - | LEVY MATCH WORKING GROUP IN FULFILLING ITS DUTIES REQUIRED |
---|
2487 | | - | PURSUANT TO THIS SECTION |
---|
2488 | | - | . |
---|
2489 | | - | (3) (a) T |
---|
2490 | | - | HE OVERRIDE MILL LEVY MATCH WORKING GROUP SHALL |
---|
2491 | | - | NOT SUBMIT BILL DRAFTS AS PART OF ITS RECOMMENDATIONS |
---|
2492 | | - | . |
---|
2493 | | - | (b) M |
---|
2494 | | - | EETINGS OF THE OVERRIDE MILL LEVY MATCH WORKING GROUP |
---|
2495 | | - | ARE SUBJECT TO THE OPEN MEETINGS PROVISIONS CONTAINED IN PART |
---|
2496 | | - | 4 OF |
---|
2497 | | - | ARTICLE |
---|
2498 | | - | 6 OF TITLE 24. EXCEPT AS OTHERWISE PROVIDED IN PART 2 OF |
---|
2499 | | - | ARTICLE |
---|
2500 | | - | 72 OF TITLE 24, OR OTHER APPLICABLE STATE OR FEDERAL LAW , |
---|
2501 | | - | RECORDS OF THE OVERRIDE MILL LEVY MATCH WORKING GROUP ARE |
---|
2502 | | - | SUBJECT TO PART |
---|
2503 | | - | 2 OF ARTICLE 72 OF TITLE 24. |
---|
2504 | | - | (4) T |
---|
2505 | | - | HE OVERRIDE MILL LEVY MATCH WORKING GROUP MUST MEET |
---|
2506 | | - | AT LEAST THREE TIMES BUT NO MORE THAN FIVE TIMES DURING THE |
---|
2507 | | - | 2024 |
---|
2508 | | - | LEGISLATIVE INTERIM, UNLESS ADDITIONAL MEETINGS ARE AUTHORIZED BY |
---|
2509 | | - | THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL |
---|
2510 | | - | . |
---|
2511 | | - | (5) O |
---|
2512 | | - | N OR BEFORE DECEMBER 31, 2024, THE OVERRIDE MILL LEVY |
---|
2513 | | - | MATCH WORKING GROUP SHALL SUBMIT A REPORT TO THE EXECUTIVE |
---|
2514 | | - | COMMITTEE OF THE LEGISLATIVE COUNCIL |
---|
2515 | | - | , THE EDUCATION COMMITTEES OF |
---|
2516 | | - | THE HOUSE OF REPRESENTATIVES AND THE SENATE |
---|
2517 | | - | , OR ANY SUCCESSOR |
---|
2518 | | - | COMMITTEES |
---|
2519 | | - | , AND THE JOINT BUDGET COMMITTEE CONCERNING ITS |
---|
2520 | | - | RECOMMENDATIONS TO MODIFY THE OVERRIDE MILL LEVY MATCH |
---|
2521 | | - | . |
---|
2522 | | - | (6) T |
---|
2523 | | - | HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2026. |
---|
2524 | | - | SECTION 20. In Colorado Revised Statutes, 22-54-107.9, amend |
---|
2525 | | - | (3)(b)(II); repeal (1)(l); and add (3.5) as follows: |
---|
2526 | | - | 22-54-107.9. Override mill levy match - calculation - distribution |
---|
2527 | | - | - fund created - definitions. (1) As used in this section, unless the context |
---|
2528 | | - | otherwise requires: |
---|
2529 | | - | (l) "Total program" means the amount of total program funding for |
---|
2530 | | - | a district calculated pursuant to section 22-54-104 (2) before application of |
---|
2531 | | - | the budget stabilization factor. |
---|
2532 | | - | (3) (b) If more than ten percent of a district's funded pupil count for |
---|
2533 | | - | PAGE 56-HOUSE BILL 24-1448 the applicable budget year is attributable to the district's online pupil |
---|
2534 | | - | enrollment, the department shall calculate the district's adjusted total |
---|
2535 | | - | program as follows: |
---|
2536 | | - | (II) The department shall subtract from the district's total program |
---|
2537 | | - | for the applicable budget year an amount equal to the district's reduced |
---|
2538 | | - | online pupil enrollment, calculated pursuant to subsection (3)(b)(I) of this |
---|
2539 | | - | section, multiplied by the per pupil online funding amount for the applicable |
---|
2540 | | - | budget year as described in section 22-54-104 (4.5)(c)(II) before application |
---|
2541 | | - | of the budget stabilization factor THIS ARTICLE 54. |
---|
| 2055 | + | THROUGH THE 2023-2420 |
---|
| 2056 | + | FISCAL YEAR; AND21 |
---|
| 2057 | + | (IX) O |
---|
| 2058 | + | NE HUNDRED FIFTY MILLION DOLLARS FOR THE 2024-2522 |
---|
| 2059 | + | FISCAL YEAR AND FOR EACH FISCAL YEAR THEREAFTER .23 |
---|
| 2060 | + | SECTION 13. In Colorado Revised Statutes, 22-43.7-111, add24 |
---|
| 2061 | + | (1)(f) as follows:25 |
---|
| 2062 | + | 22-43.7-111. Reporting requirements - auditing by state26 |
---|
| 2063 | + | auditor. (1) Notwithstanding section 24-1-136 (11)(a)(I), no later than27 |
---|
| 2064 | + | 1448 |
---|
| 2065 | + | -64- February 15, 2010, and no later than each February 15 thereafter, the1 |
---|
| 2066 | + | board shall present a written report to the education and finance2 |
---|
| 2067 | + | committees of the house of representatives and the senate and the capital3 |
---|
| 2068 | + | development committee, or any successor committees, regarding the4 |
---|
| 2069 | + | provision of financial assistance to applicants pursuant to this article 43.7.5 |
---|
| 2070 | + | The report must include, at a minimum:6 |
---|
| 2071 | + | (f) BEGINNING IN THE REPORT DUE NO LATER THAN FEBRUARY 15,7 |
---|
| 2072 | + | 2026, AND CONTINUING ANNUALLY PURSUANT TO SUBSECTION (1) OF THIS8 |
---|
| 2073 | + | SECTION, IN ADDITION TO THE REPORTING REQUIREMENTS DESCRIBED IN9 |
---|
| 2074 | + | SUBSECTIONS (1)(a) THROUGH (1)(e) OF THIS SECTION, THE REPORT MUST10 |
---|
| 2075 | + | ALSO SEPARATELY SPECIFY ALL THE INFORMATION DESCRIBED IN11 |
---|
| 2076 | + | SUBSECTIONS (1)(a) THROUGH (1)(e) OF THIS SECTION AS EACH RELATES12 |
---|
| 2077 | + | TO CHARTER SCHOOLS, AS APPLICABLE.13 |
---|
| 2078 | + | 14 |
---|
| 2079 | + | SECTION 14. In Colorado Revised Statutes, repeal 22-54-104.1.15 |
---|
| 2080 | + | SECTION 15. In Colorado Revised Statutes, 22-54-104.2,16 |
---|
| 2081 | + | amend (1); and repeal (2) as follows:17 |
---|
| 2082 | + | 22-54-104.2. Legislative declaration. (1) The general assembly18 |
---|
| 2083 | + | hereby finds and declares that, for purposes of section 17 of article IX of19 |
---|
| 2084 | + | the state constitution, the expansion of the definition of "at-risk pupils",20 |
---|
| 2085 | + | as defined in section 22-54-103 (1.5)(a)(V), to include district pupils who21 |
---|
| 2086 | + | are English language learners, as defined in section 22-54-10322 |
---|
| 2087 | + | (1.5)(b)(IV), the increase in the at-risk factor pursuant to section23 |
---|
| 2088 | + | 22-54-104 (5)(f)(II) for districts whose percentage of at-risk pupils is24 |
---|
| 2089 | + | greater than the statewide average percentage of at-risk pupils and whose25 |
---|
| 2090 | + | funded pupil count is greater than fifty thousand, the requirement that26 |
---|
| 2091 | + | districts that receive at-risk funding spend a portion of their at-risk27 |
---|
| 2092 | + | 1448 |
---|
| 2093 | + | -65- funding on implementation of the district's English language proficiency1 |
---|
| 2094 | + | program pursuant to section 22-54-105 (3)(b)(I) and the increase in the2 |
---|
| 2095 | + | at-risk factor from 11.2% to 12% for the 2005-06 budget year and each3 |
---|
| 2096 | + | budget year thereafter pursuant to section 22-54-104 (2)(b)(II)(A)4 |
---|
| 2097 | + | (2)(b)(II) and (5)(f) are important elements of accountable programs to5 |
---|
| 2098 | + | meet state academic standards and may therefore receive funding from6 |
---|
| 2099 | + | the state education fund created in section 17 (4) of article IX of the state7 |
---|
| 2100 | + | constitution.8 |
---|
| 2101 | + | (2) The general assembly further finds and declares that, for9 |
---|
| 2102 | + | purposes of section 17 of article IX of the state constitution, the10 |
---|
| 2103 | + | enactment of the definition of "at-risk funded pupil count", as defined in11 |
---|
| 2104 | + | section 22-54-103 (1), to allow up to three-year averaging of the number12 |
---|
| 2105 | + | of at-risk pupils, is an important element of accountable education reform13 |
---|
| 2106 | + | and may therefore receive funding from the state education fund created14 |
---|
| 2107 | + | in section 17 (4) of article IX of the state constitution.15 |
---|
| 2108 | + | SECTION 16. In Colorado Revised Statutes, 22-54-104.3,16 |
---|
| 2109 | + | amend (2.7)(a), (2.7)(d)(I) introductory portion, and (2)(d)(I)(A); and17 |
---|
| 2110 | + | repeal (3) and (5) as follows:18 |
---|
| 2111 | + | 22-54-104.3. Total program for budget years - special19 |
---|
| 2112 | + | provisions. (2.7) (a) For the 1997-98 budget year and budget years20 |
---|
| 2113 | + | thereafter, Notwithstanding the provisions of section 22-54-104 (2) and21 |
---|
| 2114 | + | (6) THIS ARTICLE 54, a district's total program for the applicable budget22 |
---|
| 2115 | + | year shall MUST not exceed the district's total program for the prior budget23 |
---|
| 2116 | + | year multiplied by 100% ONE HUNDRED PERCENT plus the district's24 |
---|
| 2117 | + | maximum annual percentage change in the applicable fiscal year25 |
---|
| 2118 | + | spending.26 |
---|
| 2119 | + | (d) (I) For the 1998-99 budget year and budget years thereafter,27 |
---|
| 2120 | + | 1448 |
---|
| 2121 | + | -66- If a district's total program is calculated pursuant to paragraph (a) of this1 |
---|
| 2122 | + | subsection (2.7) SUBSECTION (2.7)(a) OF THIS SECTION and the district is2 |
---|
| 2123 | + | capable of receiving an increase in its total program within the limitations3 |
---|
| 2124 | + | on its fiscal year spending for the applicable budget year under section 204 |
---|
| 2125 | + | of article X of the state constitution, the district may certify to the5 |
---|
| 2126 | + | department that it may receive an additional increase in its total program6 |
---|
| 2127 | + | for the applicable budget year in an amount equal to the lesser of:7 |
---|
| 2128 | + | (A) The difference between the district's total program for the8 |
---|
| 2129 | + | applicable budget year calculated pursuant to paragraph (a) of this9 |
---|
| 2130 | + | subsection (2.7) SUBSECTION (2.7)(a) OF THIS SECTION and the district's10 |
---|
| 2131 | + | total program for the applicable budget year calculated DETERMINED11 |
---|
| 2132 | + | pursuant to section 22-54-104 (2) or (6) THIS ARTICLE 54; or12 |
---|
| 2133 | + | (3) Notwithstanding the provisions of section 22-54-104 (2), for13 |
---|
| 2134 | + | the 1994-95 budget year, if a district's 1994-95 total formula per pupil14 |
---|
| 2135 | + | funding is less than the district's 1993-94 total per pupil funding, the total15 |
---|
| 2136 | + | program for such district shall be calculated in accordance with the16 |
---|
| 2137 | + | following formula:17 |
---|
| 2138 | + | (a) If the district's 1994-95 funded pupil count is equal to or less18 |
---|
| 2139 | + | than the district's 1993-94 funded pupil count, the formula shall be:19 |
---|
| 2140 | + | District 1993-94 funded pupil count x District 1993-94 total per20 |
---|
| 2141 | + | pupil funding.21 |
---|
| 2142 | + | (b) If the district's 1994-95 funded pupil count is greater than the22 |
---|
| 2143 | + | district's 1993-94 funded pupil count, the formula shall be:23 |
---|
| 2144 | + | District 1993-94 total funding + ((District 1994-95 funded pupil24 |
---|
| 2145 | + | count - District 1993-94 funded pupil count) x District 1994-9525 |
---|
| 2146 | + | total formula per pupil funding).26 |
---|
| 2147 | + | (5) For purposes of subsection (3) of this section and section27 |
---|
| 2148 | + | 1448 |
---|
| 2149 | + | -67- 22-54-104 (6):1 |
---|
| 2150 | + | (a) to (d) Repealed.2 |
---|
| 2151 | + | (e) A district's "prior year total per pupil funding" means the3 |
---|
| 2152 | + | amount which results from dividing the district's prior year total program4 |
---|
| 2153 | + | by the district's prior year funded pupil count.5 |
---|
| 2154 | + | (f) A district's "total formula per pupil funding" means the total6 |
---|
| 2155 | + | program for a district for the applicable budget year, as calculated7 |
---|
| 2156 | + | pursuant to section 22-54-104 (2), divided by the district's funded pupil8 |
---|
| 2157 | + | count for the applicable budget year.9 |
---|
| 2158 | + | (g) (Deleted by amendment, L. 95, p. 613, § 15, effective May 22,10 |
---|
| 2159 | + | 1995.)11 |
---|
| 2160 | + | SECTION 17. In Colorado Revised Statutes, 22-54-105, amend12 |
---|
| 2161 | + | (3)(a); and repeal (3)(b) as follows:13 |
---|
| 2162 | + | 22-54-105. Instructional supplies and materials - capital14 |
---|
| 2163 | + | reserve and insurance reserve - at-risk funding - preschool funding.15 |
---|
| 2164 | + | (3) (a) For the 1997-98 budget year and budget years thereafter, Every16 |
---|
| 2165 | + | district that receives at-risk funding pursuant to the provisions of section17 |
---|
| 2166 | + | 22-54-104 THIS ARTICLE 54 shall expend in total at least seventy-five18 |
---|
| 2167 | + | percent of the district's at-risk funding on direct instruction or staff19 |
---|
| 2168 | + | development, or both, for the educational program of at-risk pupils in the20 |
---|
| 2169 | + | district.21 |
---|
| 2170 | + | (b) (I) Notwithstanding the provisions of paragraph (a) of this22 |
---|
| 2171 | + | subsection (3), for the 2001-02 budget year and budget years thereafter,23 |
---|
| 2172 | + | any district that receives at-risk funding pursuant to section 22-54-10424 |
---|
| 2173 | + | and qualifies for a higher at-risk factor as provided in section 22-54-10425 |
---|
| 2174 | + | (5)(f)(II) shall expend an amount calculated pursuant to subparagraph (II)26 |
---|
| 2175 | + | of this paragraph (b) on implementation of the district's English language27 |
---|
| 2176 | + | 1448 |
---|
| 2177 | + | -68- proficiency program as provided in article 24 of this title. It is the intent1 |
---|
| 2178 | + | of the general assembly that each school district expend said amount on2 |
---|
| 2179 | + | English language proficiency programs that are either taught in English3 |
---|
| 2180 | + | or that are designed to move students as quickly as possible into programs4 |
---|
| 2181 | + | taught in English. The district shall expend at least seventy-five percent5 |
---|
| 2182 | + | of the remaining amount of at-risk funding received on direct instruction6 |
---|
| 2183 | + | or staff development, or both, for the educational program of at-risk7 |
---|
| 2184 | + | pupils in the district.8 |
---|
| 2185 | + | (II) The amount of at-risk funding expended pursuant to9 |
---|
| 2186 | + | subparagraph (I) of this paragraph (b) shall be equal to the difference10 |
---|
| 2187 | + | between the amount of at-risk funding generated by an increase in the11 |
---|
| 2188 | + | at-risk factor of 0.36 of a percentage point versus an increase of 0.34 of12 |
---|
| 2189 | + | a percentage point for each percentage point that the district percentage13 |
---|
| 2190 | + | of at-risk pupils exceeds the statewide average percentage of at-risk14 |
---|
| 2191 | + | pupils.15 |
---|
| 2192 | + | SECTION 18. In Colorado Revised Statutes, 22-54-106, amend16 |
---|
| 2193 | + | (2.1)(c)(I) and (2.1)(e)(II); and repeal (2) as follows:17 |
---|
| 2194 | + | 22-54-106. Local and state shares of district total program -18 |
---|
| 2195 | + | legislative declaration - definition - repeal. (2) (a) Except as provided19 |
---|
| 2196 | + | in subsection (2)(c) of this section for reorganized districts, for the 200720 |
---|
| 2197 | + | property tax year and property tax years thereafter through the 201921 |
---|
| 2198 | + | property tax year, each district shall levy the lesser of:22 |
---|
| 2199 | + | (I) The number of mills levied by the district for the immediately23 |
---|
| 2200 | + | preceding property tax year;24 |
---|
| 2201 | + | (II) (A) Subject to the provisions of sub-subparagraph (B) of this25 |
---|
| 2202 | + | subparagraph (II), the number of mills that will generate property tax26 |
---|
| 2203 | + | revenue in an amount equal to the district's total program for the27 |
---|
| 2204 | + | 1448 |
---|
| 2205 | + | -69- applicable budget year minus the amount of specific ownership tax1 |
---|
| 2206 | + | revenue paid to the district.2 |
---|
| 2207 | + | (B) Regardless of the applicability of section 22-54-104 (5)(g), for3 |
---|
| 2208 | + | the purposes of this subparagraph (II), a district's total program shall be4 |
---|
| 2209 | + | the amount calculated pursuant to section 22-54-104 (2).5 |
---|
| 2210 | + | (III) For a district that has not obtained voter approval to retain6 |
---|
| 2211 | + | and spend revenues in excess of the property tax revenue limitation7 |
---|
| 2212 | + | imposed on the district by section 20 of article X of the state constitution,8 |
---|
| 2213 | + | the number of mills that may be levied by the district under the property9 |
---|
| 2214 | + | tax revenue limitation imposed on the district by section 20 of article X10 |
---|
| 2215 | + | of the state constitution. In the calculation of local growth for purposes11 |
---|
| 2216 | + | of determining the property tax revenue limitation imposed on a district12 |
---|
| 2217 | + | under this subparagraph (III), a district's student enrollment shall be the13 |
---|
| 2218 | + | district's funded pupil count.14 |
---|
| 2219 | + | (IV) Repealed.15 |
---|
| 2220 | + | (V) Twenty-seven mills.16 |
---|
| 2221 | + | (b) (I) (A) If a district's total program for the 1994-95 budget year17 |
---|
| 2222 | + | was calculated pursuant to section 22-54-104.3, for the 1995 property tax18 |
---|
| 2223 | + | year, the levy calculated pursuant to paragraph (a) of this subsection (2)19 |
---|
| 2224 | + | shall be reduced by the number of mills required to generate the20 |
---|
| 2225 | + | difference between the district's total program for the 1994-95 budget21 |
---|
| 2226 | + | year, as calculated pursuant to section 22-54-104.3 (3), and the district's22 |
---|
| 2227 | + | total program for the 1994-95 budget year, as calculated pursuant to23 |
---|
| 2228 | + | section 22-54-104 (2). The amount by which property tax revenue is24 |
---|
| 2229 | + | reduced pursuant to this paragraph (b) shall be counted toward the25 |
---|
| 2230 | + | limitation on additional local revenues as provided in section 22-54-10826 |
---|
| 2231 | + | (3).27 |
---|
| 2232 | + | 1448 |
---|
| 2233 | + | -70- (B) Notwithstanding the provisions of sub-subparagraph (A) of1 |
---|
| 2234 | + | this subparagraph (I), if the mill levy was calculated pursuant to2 |
---|
| 2235 | + | subparagraph (II) of paragraph (a) of this subsection (2), the difference3 |
---|
| 2236 | + | between the district's total program for the 1994-95 budget year, as4 |
---|
| 2237 | + | calculated pursuant to section 22-54-104.3 (3), and the district's total5 |
---|
| 2238 | + | program for the 1994-95 budget year, as calculated pursuant to section6 |
---|
| 2239 | + | 22-54-104 (2), shall be added to the total program as calculated pursuant7 |
---|
| 2240 | + | to section 22-54-104 (2) to calculate the levy pursuant to this8 |
---|
| 2241 | + | subparagraph (I).9 |
---|
| 2242 | + | (II) If after calculating the mill levy pursuant to subparagraph (I)10 |
---|
| 2243 | + | of this paragraph (b) the district's levy exceeds 41.75 mills, the district11 |
---|
| 2244 | + | shall levy 41.75 mills.12 |
---|
| 2245 | + | (III) For the 1995-96 budget year, if the amount of property tax13 |
---|
| 2246 | + | generated for the 1994-95 budget year by the number of mills by which14 |
---|
| 2247 | + | the mills levied by the district for the 1994-95 budget year exceeded15 |
---|
| 2248 | + | 40.080 mills was equal to or exceeded the difference between the16 |
---|
| 2249 | + | district's total program for the 1994-95 budget year, as calculated17 |
---|
| 2250 | + | pursuant to section 22-54-104.3 (3), and the district's total program for the18 |
---|
| 2251 | + | 1994-95 budget year, as calculated pursuant to section 22-54-104 (2), the19 |
---|
| 2252 | + | district may levy the difference between the levy pursuant to20 |
---|
| 2253 | + | subparagraph (I) and subparagraph (II) of this paragraph (b). For the21 |
---|
| 2254 | + | 1996-97 budget year and budget years thereafter, the district may continue22 |
---|
| 2255 | + | to impose a mill levy that will generate the amount of revenue produced23 |
---|
| 2256 | + | by the calculation described in this subparagraph (III) for the 1995-9624 |
---|
| 2257 | + | budget year. The amount of property tax generated pursuant to this25 |
---|
| 2258 | + | subparagraph (III) shall be counted toward the limitation on additional26 |
---|
| 2259 | + | local revenues as provided in section 22-54-108 (3)(f).27 |
---|
| 2260 | + | 1448 |
---|
| 2261 | + | -71- (c) (I) Notwithstanding any other provision of this subsection (2),1 |
---|
| 2262 | + | if there is a reorganization pursuant to article 30 of this title, except for a2 |
---|
| 2263 | + | detachment and annexation, and if such reorganization involves districts3 |
---|
| 2264 | + | with differing mill levies, then in its first year of operation, the new4 |
---|
| 2265 | + | district shall levy a number of mills that is based on the total property5 |
---|
| 2266 | + | taxes collected in the preceding year from property included within the6 |
---|
| 2267 | + | new district divided by the total valuation for assessment in the preceding7 |
---|
| 2268 | + | year of property located within the new district but in no event more than8 |
---|
| 2269 | + | 41.75 mills. This paragraph (c) shall not apply to any new district whose9 |
---|
| 2270 | + | levy would otherwise be calculated pursuant to subparagraph (II) of10 |
---|
| 2271 | + | paragraph (a) of this subsection (2).11 |
---|
| 2272 | + | (II) If there is a detachment and annexation pursuant to article 3012 |
---|
| 2273 | + | of this title and if such detachment and annexation involves districts with13 |
---|
| 2274 | + | differing mill levies, then in the first year after the detachment and14 |
---|
| 2275 | + | annexation, the annexing district shall calculate its levy pursuant to15 |
---|
| 2276 | + | paragraph (a) of this subsection (2).16 |
---|
| 2277 | + | (2.1) (c) For the 2021 property tax year and each property tax year17 |
---|
| 2278 | + | thereafter, except as otherwise provided in subsection (2.1)(e) of this18 |
---|
| 2279 | + | section for reorganized districts, each district shall levy the lesser of:19 |
---|
| 2280 | + | (I) The number of mills that will generate property tax revenue in20 |
---|
| 2281 | + | an amount equal to the district's total program for the applicable budget21 |
---|
| 2282 | + | year minus the amount of specific ownership tax revenue paid to the22 |
---|
| 2283 | + | district. Regardless of the applicability of section 22-54-104 (5)(g), for23 |
---|
| 2284 | + | the purposes of this subsection (2.1)(c)(I), a district's total program is the24 |
---|
| 2285 | + | amount calculated pursuant to section 22-54-104 (2).25 |
---|
| 2286 | + | (e) Notwithstanding any other provision of this subsection (2.1)26 |
---|
| 2287 | + | to the contrary, for the 2020 property tax year and each property tax year27 |
---|
| 2288 | + | 1448 |
---|
| 2289 | + | -72- thereafter, if there is a reorganization pursuant to article 30 of this title 221 |
---|
| 2290 | + | that results in the creation of a new district, then in the first year of2 |
---|
| 2291 | + | operation the new district shall levy the lesser of:3 |
---|
| 2292 | + | (II) The number of mills that will generate property tax revenue4 |
---|
| 2293 | + | in an amount equal to the district's total program for the first year of5 |
---|
| 2294 | + | operation minus the amount of specific ownership tax revenue paid to the6 |
---|
| 2295 | + | district. Regardless of the applicability of section 22-54-104 (5)(g), for7 |
---|
| 2296 | + | the purposes of this subsection (2.1)(e)(II), the district's total program is8 |
---|
| 2297 | + | the amount calculated pursuant to section 22-54-104 (2).9 |
---|
| 2298 | + | SECTION 19. In Colorado Revised Statutes, add 22-54-107.7 as10 |
---|
| 2299 | + | follows:11 |
---|
| 2300 | + | 22-54-107.7. Override mill levy match - working group -12 |
---|
| 2301 | + | creation - report - repeal. (1) THERE IS CREATED BY THE LEGISLATIVE13 |
---|
| 2302 | + | COUNCIL STAFF AN OVERRIDE MILL LEVY MATCH WORKING GROUP TO14 |
---|
| 2303 | + | MEET DURING THE 2024 INTERIM AND MAKE RECOMMENDATIONS15 |
---|
| 2304 | + | CONCERNING MODIFYING THE OVERRIDE MILL LEVY MATCH , CREATED16 |
---|
| 2305 | + | PURSUANT TO SECTION 22-54-107.9, TO ENSURE MORE EQUITABLE17 |
---|
| 2306 | + | FUNDING DISTRIBUTIONS AND GREATER ACCESS TO FUNDING FOR ELIGIBLE18 |
---|
| 2307 | + | DISTRICTS AND ELIGIBLE INSTITUTE CHARTER SCHOOLS , MAKE19 |
---|
| 2308 | + | RECOMMENDATIONS CONCERNING WHICH ELIGIBLE DISTRICTS AND20 |
---|
| 2309 | + | ELIGIBLE INSTITUTE CHARTER SCHOOLS WILL RECEIVE A DISTRIBUTION21 |
---|
| 2310 | + | FROM THE MILL LEVY OVERRIDE MATCH FUND PURSUANT TO SECTION22 |
---|
| 2311 | + | 22-54-107.9 FOR THE 2024-25 BUDGET YEAR, AND TO IDENTIFY AND23 |
---|
| 2312 | + | ANALYZE INEQUITIES BETWEEN NEIGHBORING DISTRICTS THAT HAVE24 |
---|
| 2313 | + | DIFFERING MILL LEVY OVERRIDES, LEVELS OF PROPERTY TAX BASES, OR25 |
---|
| 2314 | + | DEMONSTRATED LEVELS OF LOCAL EFFORT .26 |
---|
| 2315 | + | (2) (a) THE OVERRIDE MILL LEVY MATCH WORKING GROUP MUST27 |
---|
| 2316 | + | 1448 |
---|
| 2317 | + | -73- INCLUDE:1 |
---|
| 2318 | + | (I) SEVEN NONLEGISLATIVE MEMBERS WHO ARE CHIEF FINANCIAL2 |
---|
| 2319 | + | OFFICERS APPOINTED AS FOLLOWS:3 |
---|
| 2320 | + | (A) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL4 |
---|
| 2321 | + | APPOINT ONE MEMBER WHO IS A CHIEF FINANCIAL OFFICER OF A RURAL5 |
---|
| 2322 | + | DISTRICT, ONE MEMBER WHO IS A CHIEF FINANCIAL OFFICER OF A SMALL6 |
---|
| 2323 | + | RURAL DISTRICT, ONE MEMBER WHO IS A CHIEF FINANCIAL OFFICER OF A7 |
---|
| 2324 | + | SUBURBAN DISTRICT, AND ONE MEMBER WHO IS A CHIEF FINANCIAL8 |
---|
| 2325 | + | OFFICER OF AN URBAN DISTRICT LOCATED IN OR NEAR THE DENVER9 |
---|
| 2326 | + | METROPOLITAN AREA; AND10 |
---|
| 2327 | + | (B) THE SENATE MINORITY LEADER SHALL APPOINT ONE MEMBER11 |
---|
| 2328 | + | WHO IS THE CHIEF FINANCIAL OFFICER OF A RURAL DISTRICT, ONE MEMBER12 |
---|
| 2329 | + | WHO IS THE CHIEF FINANCIAL OFFICER OF A SUBURBAN DISTRICT, AND ONE13 |
---|
| 2330 | + | MEMBER WHO IS THE CHIEF FINANCIAL OFFICER OF AN URBAN DISTRICT14 |
---|
| 2331 | + | THAT IS NOT LOCATED IN OR NEAR THE DENVER METROPOLITAN AREA .15 |
---|
| 2332 | + | (II) ONE MEMBER OF THE MAJORITY PARTY IN THE HOUSE OF16 |
---|
| 2333 | + | REPRESENTATIVES, APPOINTED BY THE SPEAKER OF THE HOUSE OF17 |
---|
| 2334 | + | REPRESENTATIVES, WHO SHALL SERVE AS THE CHAIR; AND18 |
---|
| 2335 | + | (III) ONE MEMBER OF THE MINORITY PARTY IN THE SENATE,19 |
---|
| 2336 | + | APPOINTED BY THE MINORITY LEADER OF THE SENATE, WHO SHALL SERVE20 |
---|
| 2337 | + | AS THE VICE-CHAIR.21 |
---|
| 2338 | + | (b) LEGISLATIVE COUNCIL STAFF SHALL ASSIST THE OVERRIDE MILL22 |
---|
| 2339 | + | LEVY MATCH WORKING GROUP IN FULFILLING ITS DUTIES REQUIRED23 |
---|
| 2340 | + | PURSUANT TO THIS SECTION.24 |
---|
| 2341 | + | (3) (a) THE OVERRIDE MILL LEVY MATCH WORKING GROUP SHALL25 |
---|
| 2342 | + | NOT SUBMIT BILL DRAFTS AS PART OF ITS RECOMMENDATIONS .26 |
---|
| 2343 | + | (b) MEETINGS OF THE OVERRIDE MILL LEVY MATCH WORKING27 |
---|
| 2344 | + | 1448 |
---|
| 2345 | + | -74- GROUP ARE SUBJECT TO THE OPEN MEETINGS PROVISIONS CONTAINED IN1 |
---|
| 2346 | + | PART 4 OF ARTICLE 6 OF TITLE 24. EXCEPT AS OTHERWISE PROVIDED IN2 |
---|
| 2347 | + | PART 2 OF ARTICLE 72 OF TITLE 24, OR OTHER APPLICABLE STATE OR3 |
---|
| 2348 | + | FEDERAL LAW, RECORDS OF THE OVERRIDE MILL LEVY MATCH WORKING4 |
---|
| 2349 | + | GROUP ARE SUBJECT TO PART 2 OF ARTICLE 72 OF TITLE 24.5 |
---|
| 2350 | + | (4) THE OVERRIDE MILL LEVY MATCH WORKING GROUP MUST MEET6 |
---|
| 2351 | + | AT LEAST THREE TIMES BUT NO MORE THAN FIVE TIMES DURING THE 20247 |
---|
| 2352 | + | LEGISLATIVE INTERIM, UNLESS ADDITIONAL MEETINGS ARE AUTHORIZED8 |
---|
| 2353 | + | BY THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL .9 |
---|
| 2354 | + | (5) ON OR BEFORE DECEMBER 31, 2024, THE OVERRIDE MILL LEVY10 |
---|
| 2355 | + | MATCH WORKING GROUP SHALL SUBMIT A REPORT TO THE EXECUTIVE11 |
---|
| 2356 | + | COMMITTEE OF THE LEGISLATIVE COUNCIL, THE EDUCATION COMMITTEES12 |
---|
| 2357 | + | OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, OR ANY SUCCESSOR13 |
---|
| 2358 | + | COMMITTEES, AND THE JOINT BUDGET COMMITTEE CONCERNING ITS14 |
---|
| 2359 | + | RECOMMENDATIONS TO MODIFY THE OVERRIDE MILL LEVY MATCH .15 |
---|
| 2360 | + | (6) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2026.16 |
---|
| 2361 | + | SECTION 20. In Colorado Revised Statutes, 22-54-107.9,17 |
---|
| 2362 | + | amend (3)(b)(II); repeal (1)(l); and add (3.5) as follows:18 |
---|
| 2363 | + | 22-54-107.9. Override mill levy match - calculation -19 |
---|
| 2364 | + | distribution - fund created - definitions. (1) As used in this section,20 |
---|
| 2365 | + | unless the context otherwise requires:21 |
---|
| 2366 | + | (l) "Total program" means the amount of total program funding22 |
---|
| 2367 | + | for a district calculated pursuant to section 22-54-104 (2) before23 |
---|
| 2368 | + | application of the budget stabilization factor.24 |
---|
| 2369 | + | (3) (b) If more than ten percent of a district's funded pupil count25 |
---|
| 2370 | + | for the applicable budget year is attributable to the district's online pupil26 |
---|
| 2371 | + | enrollment, the department shall calculate the district's adjusted total27 |
---|
| 2372 | + | 1448 |
---|
| 2373 | + | -75- program as follows:1 |
---|
| 2374 | + | (II) The department shall subtract from the district's total program2 |
---|
| 2375 | + | for the applicable budget year an amount equal to the district's reduced3 |
---|
| 2376 | + | online pupil enrollment, calculated pursuant to subsection (3)(b)(I) of this4 |
---|
| 2377 | + | section, multiplied by the per pupil online funding amount for the5 |
---|
| 2378 | + | applicable budget year as described in section 22-54-104 (4.5)(c)(II)6 |
---|
| 2379 | + | before application of the budget stabilization factor THIS ARTICLE 54.7 |
---|
2598 | | - | TRANSFER NINE MILLION ONE HUNDRED THIRTY |
---|
2599 | | - | -FIVE THOUSAND SIX |
---|
2600 | | - | HUNDRED NINETY |
---|
2601 | | - | -EIGHT DOLLARS ($9,135,698) FROM THE STATE |
---|
2602 | | - | EDUCATION FUND TO THE MILL LEVY OVERRIDE MATCH FUND |
---|
2603 | | - | . |
---|
2604 | | - | SECTION 21. In Colorado Revised Statutes, 22-54-108, amend |
---|
2605 | | - | (1), (2), (3)(a), (3)(b)(I), (3)(b)(II), (3)(b)(III), (3)(b)(IV)(A), (3)(b)(IV)(B), |
---|
2606 | | - | and (5)(b); and add (3)(b)(VI) as follows: |
---|
2607 | | - | 22-54-108. Authorization of additional local revenues - |
---|
2608 | | - | definitions. (1) Effective July 1, 1994, a district which desires to raise and |
---|
2609 | | - | expend local property tax revenues in excess of the district's total program |
---|
2610 | | - | as determined in accordance with section 22-54-104 |
---|
2611 | | - | may submit the |
---|
2612 | | - | question of whether the district should be authorized to raise and expend |
---|
2613 | | - | additional local property tax revenues, subject to the limitations of |
---|
2614 | | - | subsection (3) of this section, thereby authorizing an additional levy in |
---|
2615 | | - | excess of the levy authorized under section 22-54-106 for the district's |
---|
2616 | | - | general fund for the then current budget year and each budget year |
---|
2617 | | - | thereafter. The question authorized by this subsection (1) shall |
---|
2618 | | - | MUST be |
---|
2619 | | - | submitted at an election held in accordance with section 20 of article X of |
---|
2620 | | - | the state constitution and title 1. C.R.S. |
---|
2621 | | - | (2) Effective July 1, 1994, upon proper submittal to a district of a |
---|
2622 | | - | valid initiative petition, the district shall submit to the eligible electors of |
---|
2623 | | - | the district the question of whether the district should be authorized to raise |
---|
2624 | | - | and expend additional local property tax revenues in excess of the district's |
---|
2625 | | - | total program, as determined in accordance with section 22-54-104, |
---|
2626 | | - | subject |
---|
2627 | | - | to the limitations of subsection (3) of this section, thereby authorizing an |
---|
2628 | | - | additional levy in excess of the levy authorized under section 22-54-106 for |
---|
2629 | | - | PAGE 58-HOUSE BILL 24-1448 the district's general fund for the then current budget year and each budget |
---|
2630 | | - | year thereafter. The question authorized by this subsection (2) shall MUST |
---|
2631 | | - | be submitted at an election held in accordance with section 20 of article X of the state constitution and title 1. C.R.S. |
---|
2632 | | - | An initiative petition under this |
---|
2633 | | - | subsection (2) shall MUST be signed by at least five percent of the eligible |
---|
2634 | | - | electors in the district at the time the petition is filed. |
---|
2635 | | - | (3) (a) Notwithstanding the provisions of section 20 of article X of |
---|
2636 | | - | the state constitution which allow districts to seek voter approval for |
---|
2637 | | - | spending and revenue increases, the provisions of |
---|
2638 | | - | this subsection (3) shall |
---|
2639 | | - | limit LIMITS a district's authority to raise and expend local property tax |
---|
2640 | | - | revenues in excess of the district's total program. as determined in |
---|
2641 | | - | accordance with section 22-54-104. |
---|
2642 | | - | (b) (I) Except as otherwise provided in subsections (3)(b)(II), |
---|
2643 | | - | (3)(b)(III), (3)(b)(IV), and (3)(b)(V), AND (3)(b)(VI) of this section, the |
---|
2644 | | - | total additional local property tax revenues that may be received pursuant |
---|
2645 | | - | to elections held pursuant to this section must not exceed under any |
---|
2646 | | - | circumstances twenty percent of the district's total program as determined |
---|
2647 | | - | pursuant to section 22-54-104 (2) or two hundred thousand dollars, |
---|
2648 | | - | whichever is greater. |
---|
2649 | | - | (II) (A) Effective July 1, 2002, and subject to the provisions of |
---|
2650 | | - | sub-subparagraph (B) of this subparagraph (II), the total additional local |
---|
2651 | | - | property tax revenues that may be received pursuant to elections held |
---|
2652 | | - | pursuant to this section shall |
---|
2653 | | - | MUST not exceed under any circumstances |
---|
2654 | | - | twenty percent of the district's total program as determined pursuant to |
---|
2655 | | - | section 22-54-104 (2) or two hundred thousand dollars, whichever is |
---|
2656 | | - | greater, plus an amount equal to the maximum dollar amount of property tax |
---|
2657 | | - | revenue that the district could have generated for the 2001-02 budget year |
---|
2658 | | - | if, in accordance with the provisions of section 22-54-107.5, the district |
---|
2659 | | - | submitted a question to and received approval of the eligible electors of the |
---|
2660 | | - | district at an election held in November 2001. |
---|
2661 | | - | (B) Regardless of the applicability of section 22-54-104 (5)(g), for |
---|
2662 | | - | the purposes of this subparagraph (II), a district's total program shall be the |
---|
2663 | | - | amount calculated pursuant to section 22-54-104 (2). |
---|
2664 | | - | (III) (A) On and after May 21, 2009, and subject to the provisions |
---|
2665 | | - | of sub-subparagraph (B) of this subparagraph (III), the total additional local |
---|
2666 | | - | PAGE 59-HOUSE BILL 24-1448 property tax revenues that may be received pursuant to an election held |
---|
2667 | | - | pursuant to this section shall MUST not exceed under any circumstances |
---|
2668 | | - | twenty-five percent of the district's total program as determined pursuant to |
---|
2669 | | - | section 22-54-104 (2) or two hundred thousand dollars, whichever is |
---|
2670 | | - | greater, plus an amount equal to the maximum dollar amount of property tax |
---|
2671 | | - | revenue that the district could have generated for the 2001-02 budget year |
---|
2672 | | - | if, in accordance with the provisions of section 22-54-107.5, the district |
---|
2673 | | - | submitted a question to and received approval of the eligible electors of the |
---|
2674 | | - | district at an election held in November 2001. |
---|
2675 | | - | (B) Regardless of the applicability of section 22-54-104 (5)(g), for |
---|
2676 | | - | purposes of this subparagraph (III), a district's total program shall be the |
---|
2677 | | - | amount calculated pursuant to section 22-54-104 (2). |
---|
2678 | | - | (IV) (A) On and after May 22, 2015, and subject to the provisions |
---|
2679 | | - | of sub-subparagraph (B) of this subparagraph (IV), the total additional local |
---|
2680 | | - | property tax revenues that a small rural district may receive pursuant to an |
---|
2681 | | - | election held pursuant to this section shall |
---|
2682 | | - | MUST not exceed under any |
---|
2683 | | - | circumstances thirty percent of the small rural district's total program as |
---|
2684 | | - | determined pursuant to section 22-54-104 (2) or two hundred thousand |
---|
2685 | | - | dollars, whichever is greater, plus an amount equal to the maximum dollar |
---|
2686 | | - | amount of property tax revenue that the small rural district could have |
---|
2687 | | - | generated for the 2001-02 budget year if, in accordance with the provisions |
---|
2688 | | - | of section 22-54-107.5, the small rural district submitted a question to and |
---|
2689 | | - | received approval of the eligible electors of the district at an election held |
---|
2690 | | - | in November 2001. |
---|
2691 | | - | (B) Regardless of the applicability of section 22-54-104 (5)(g), for |
---|
2692 | | - | purposes of this subparagraph (IV), a small rural district's total program is |
---|
2693 | | - | the amount calculated pursuant to section 22-54-104 (2). |
---|
2694 | | - | (VI) (A) ON OR AFTER JULY 1, 2024, THE TOTAL ADDITIONAL LOCAL |
---|
2695 | | - | PROPERTY TAX REVENUES THAT A DISTRICT OR SMALL RURAL DISTRICT MAY |
---|
2696 | | - | RECEIVE PURSUANT TO AN ELECTION HELD PURS UANT TO THIS SECTION MUST |
---|
2697 | | - | NOT EXCEED UNDER ANY CIRCUMSTANCE |
---|
2698 | | - | : THE AMOUNT DETERMINED |
---|
2699 | | - | PURSUANT TO SUBSECTION |
---|
2700 | | - | (3)(b)(V) OF THIS SECTION FOR THE 2023-24 |
---|
2701 | | - | BUDGET YEAR, OR THE AMOUNT DETERMINED PURSUANT TO SUBSECTION |
---|
2702 | | - | (3)(b)(VI)(D) OF THIS SECTION, WHICHEVER IS GREATER. |
---|
2703 | | - | (B) F |
---|
2704 | | - | OR THE 2024-25 BUDGET YEAR, THE DEPARTMENT OF |
---|
2705 | | - | PAGE 60-HOUSE BILL 24-1448 EDUCATION, IN CONSULTATION WITH LEGISLATIVE COUNCIL STAFF , SHALL |
---|
2706 | | - | CALCULATE FOR EACH DISTRICT THE AMOUNT EQUAL TO |
---|
2707 | | - | : |
---|
2708 | | - | (D |
---|
2709 | | - | ISTRICT'S PER PUPIL FUNDING DETERMINED PURSUANT TO SECTION |
---|
2710 | | - | 22-54-104 (3) - STATEWIDE BASE PER PUPIL FUNDING) X DISTRICT'S |
---|
2711 | | - | FUNDED PUPIL COUNT FOR THE |
---|
2712 | | - | 2024-25 BUDGET YEAR EXCLUDING |
---|
2713 | | - | THE DISTRICT |
---|
2714 | | - | 'S ONLINE PUPIL ENROLLMENT AND THE DISTRICT 'S |
---|
2715 | | - | EXTENDED HIGH SCHOOL PUPIL ENROLLMENT |
---|
2716 | | - | + (DISTRICT'S PER PUPIL FUNDING DETERMINED PURSUANT TO |
---|
2717 | | - | SECTION |
---|
2718 | | - | 22-54-104 (3) - STATEWIDE BASE PER PUPIL FUNDING ) X |
---|
2719 | | - | DISTRICT'S AT-RISK PUPIL ENROLLMENT FOR THE 2024-25 BUDGET |
---|
2720 | | - | YEAR X |
---|
2721 | | - | TWELVE PERCENT |
---|
2722 | | - | + (DISTRICT'S PER PUPIL FUNDING DETERMINED PURSUANT TO |
---|
2723 | | - | SECTION |
---|
2724 | | - | 22-54-104 (3) - STATEWIDE BASE PER PUPIL FUNDING ) X |
---|
2725 | | - | DISTRICT'S ENGLISH LANGUAGE LEARNER PUPIL ENROLLMENT FOR |
---|
| 2440 | + | 14 |
---|
| 2441 | + | TRANSFER NINE MILLION ONE HUNDRED THIRTY -FIVE THOUSAND SIX15 |
---|
| 2442 | + | HUNDRED NINETY-EIGHT DOLLARS ($9,135,698) FROM THE STATE16 |
---|
| 2443 | + | EDUCATION FUND TO THE MILL LEVY OVERRIDE MATCH FUND .17 |
---|
| 2444 | + | SECTION 21. In Colorado Revised Statutes, 22-54-108, amend18 |
---|
| 2445 | + | (1), (2), (3)(a), (3)(b)(I), (3)(b)(II), (3)(b)(III), (3)(b)(IV)(A),19 |
---|
| 2446 | + | (3)(b)(IV)(B), and (5)(b); and add (3)(b)(VI) as follows:20 |
---|
| 2447 | + | 22-54-108. Authorization of additional local revenues -21 |
---|
| 2448 | + | definitions. (1) Effective July 1, 1994, a district which desires to raise22 |
---|
| 2449 | + | and expend local property tax revenues in excess of the district's total23 |
---|
| 2450 | + | program as determined in accordance with section 22-54-104 may submit24 |
---|
| 2451 | + | the question of whether the district should be authorized to raise and25 |
---|
| 2452 | + | expend additional local property tax revenues, subject to the limitations26 |
---|
| 2453 | + | of subsection (3) of this section, thereby authorizing an additional levy in27 |
---|
| 2454 | + | 1448 |
---|
| 2455 | + | -77- excess of the levy authorized under section 22-54-106 for the district's1 |
---|
| 2456 | + | general fund for the then current budget year and each budget year2 |
---|
| 2457 | + | thereafter. The question authorized by this subsection (1) shall MUST be3 |
---|
| 2458 | + | submitted at an election held in accordance with section 20 of article X4 |
---|
| 2459 | + | of the state constitution and title 1. C.R.S.5 |
---|
| 2460 | + | (2) Effective July 1, 1994, upon proper submittal to a district of6 |
---|
| 2461 | + | a valid initiative petition, the district shall submit to the eligible electors7 |
---|
| 2462 | + | of the district the question of whether the district should be authorized to8 |
---|
| 2463 | + | raise and expend additional local property tax revenues in excess of the9 |
---|
| 2464 | + | district's total program, as determined in accordance with section10 |
---|
| 2465 | + | 22-54-104, subject to the limitations of subsection (3) of this section,11 |
---|
| 2466 | + | thereby authorizing an additional levy in excess of the levy authorized12 |
---|
| 2467 | + | under section 22-54-106 for the district's general fund for the then current13 |
---|
| 2468 | + | budget year and each budget year thereafter. The question authorized by14 |
---|
| 2469 | + | this subsection (2) shall MUST be submitted at an election held in15 |
---|
| 2470 | + | accordance with section 20 of article X of the state constitution and title16 |
---|
| 2471 | + | 1. C.R.S. An initiative petition under this subsection (2) shall MUST be17 |
---|
| 2472 | + | signed by at least five percent of the eligible electors in the district at the18 |
---|
| 2473 | + | time the petition is filed.19 |
---|
| 2474 | + | (3) (a) Notwithstanding the provisions of section 20 of article X20 |
---|
| 2475 | + | of the state constitution which allow districts to seek voter approval for21 |
---|
| 2476 | + | spending and revenue increases, the provisions of this subsection (3) shall22 |
---|
| 2477 | + | limit LIMITS a district's authority to raise and expend local property tax23 |
---|
| 2478 | + | revenues in excess of the district's total program. as determined in24 |
---|
| 2479 | + | accordance with section 22-54-104.25 |
---|
| 2480 | + | (b) (I) Except as otherwise provided in subsections (3)(b)(II),26 |
---|
| 2481 | + | (3)(b)(III), (3)(b)(IV), and (3)(b)(V), AND (3)(b)(VI) of this section, the27 |
---|
| 2482 | + | 1448 |
---|
| 2483 | + | -78- total additional local property tax revenues that may be received pursuant1 |
---|
| 2484 | + | to elections held pursuant to this section must not exceed under any2 |
---|
| 2485 | + | circumstances twenty percent of the district's total program as determined3 |
---|
| 2486 | + | pursuant to section 22-54-104 (2) or two hundred thousand dollars,4 |
---|
| 2487 | + | whichever is greater.5 |
---|
| 2488 | + | (II) (A) Effective July 1, 2002, and subject to the provisions of6 |
---|
| 2489 | + | sub-subparagraph (B) of this subparagraph (II), the total additional local7 |
---|
| 2490 | + | property tax revenues that may be received pursuant to elections held8 |
---|
| 2491 | + | pursuant to this section shall MUST not exceed under any circumstances9 |
---|
| 2492 | + | twenty percent of the district's total program as determined pursuant to10 |
---|
| 2493 | + | section 22-54-104 (2) or two hundred thousand dollars, whichever is11 |
---|
| 2494 | + | greater, plus an amount equal to the maximum dollar amount of property12 |
---|
| 2495 | + | tax revenue that the district could have generated for the 2001-02 budget13 |
---|
| 2496 | + | year if, in accordance with the provisions of section 22-54-107.5, the14 |
---|
| 2497 | + | district submitted a question to and received approval of the eligible15 |
---|
| 2498 | + | electors of the district at an election held in November 2001.16 |
---|
| 2499 | + | (B) Regardless of the applicability of section 22-54-104 (5)(g), for17 |
---|
| 2500 | + | the purposes of this subparagraph (II), a district's total program shall be18 |
---|
| 2501 | + | the amount calculated pursuant to section 22-54-104 (2).19 |
---|
| 2502 | + | (III) (A) On and after May 21, 2009, and subject to the provisions20 |
---|
| 2503 | + | of sub-subparagraph (B) of this subparagraph (III), the total additional21 |
---|
| 2504 | + | local property tax revenues that may be received pursuant to an election22 |
---|
| 2505 | + | held pursuant to this section shall MUST not exceed under any23 |
---|
| 2506 | + | circumstances twenty-five percent of the district's total program as24 |
---|
| 2507 | + | determined pursuant to section 22-54-104 (2) or two hundred thousand25 |
---|
| 2508 | + | dollars, whichever is greater, plus an amount equal to the maximum dollar26 |
---|
| 2509 | + | amount of property tax revenue that the district could have generated for27 |
---|
| 2510 | + | 1448 |
---|
| 2511 | + | -79- the 2001-02 budget year if, in accordance with the provisions of section1 |
---|
| 2512 | + | 22-54-107.5, the district submitted a question to and received approval of2 |
---|
| 2513 | + | the eligible electors of the district at an election held in November 2001.3 |
---|
| 2514 | + | (B) Regardless of the applicability of section 22-54-104 (5)(g), for4 |
---|
| 2515 | + | purposes of this subparagraph (III), a district's total program shall be the5 |
---|
| 2516 | + | amount calculated pursuant to section 22-54-104 (2).6 |
---|
| 2517 | + | (IV) (A) On and after May 22, 2015, and subject to the provisions7 |
---|
| 2518 | + | of sub-subparagraph (B) of this subparagraph (IV), the total additional8 |
---|
| 2519 | + | local property tax revenues that a small rural district may receive pursuant9 |
---|
| 2520 | + | to an election held pursuant to this section shall MUST not exceed under10 |
---|
| 2521 | + | any circumstances thirty percent of the small rural district's total program11 |
---|
| 2522 | + | as determined pursuant to section 22-54-104 (2) or two hundred thousand12 |
---|
| 2523 | + | dollars, whichever is greater, plus an amount equal to the maximum dollar13 |
---|
| 2524 | + | amount of property tax revenue that the small rural district could have14 |
---|
| 2525 | + | generated for the 2001-02 budget year if, in accordance with the15 |
---|
| 2526 | + | provisions of section 22-54-107.5, the small rural district submitted a16 |
---|
| 2527 | + | question to and received approval of the eligible electors of the district at17 |
---|
| 2528 | + | an election held in November 2001.18 |
---|
| 2529 | + | (B) Regardless of the applicability of section 22-54-104 (5)(g), for19 |
---|
| 2530 | + | purposes of this subparagraph (IV), a small rural district's total program20 |
---|
| 2531 | + | is the amount calculated pursuant to section 22-54-104 (2).21 |
---|
| 2532 | + | (VI) (A) ON OR AFTER JULY 1, 2024, THE TOTAL ADDITIONAL22 |
---|
| 2533 | + | LOCAL PROPERTY TAX REVENUES THAT A DISTRICT OR SMALL RURAL23 |
---|
| 2534 | + | DISTRICT MAY RECEIVE PURSUANT TO AN ELECTION HELD PURSUANT TO24 |
---|
| 2535 | + | THIS SECTION MUST NOT EXCEED UNDER ANY CIRCUMSTANCE : THE25 |
---|
| 2536 | + | AMOUNT DETERMINED PURSUANT TO SUBSECTION (3)(b)(V) OF THIS26 |
---|
| 2537 | + | SECTION FOR THE 2023-24 BUDGET YEAR, OR THE AMOUNT DETERMINED27 |
---|
| 2538 | + | 1448 |
---|
| 2539 | + | -80- PURSUANT TO SUBSECTION (3)(b)(VI)(D) OF THIS SECTION, WHICHEVER IS1 |
---|
| 2540 | + | GREATER.2 |
---|
| 2541 | + | (B) FOR THE 2024-25 BUDGET YEAR, THE DEPARTMENT OF3 |
---|
| 2542 | + | EDUCATION, IN CONSULTATION WITH LEGISLATIVE COUNSEL STAFF, SHALL4 |
---|
| 2543 | + | CALCULATE FOR EACH DISTRICT THE AMOUNT EQUAL TO :5 |
---|
| 2544 | + | (DISTRICT'S PER PUPIL FUNDING DETERMINED PURS UANT TO6 |
---|
| 2545 | + | SECTION 22-54-104 (3) - STATEWIDE BASE PER PUPIL FUNDING) X7 |
---|
| 2546 | + | DISTRICT'S FUNDED PUPIL COUNT FOR THE 2024-25 BUDGET YEAR8 |
---|
| 2547 | + | EXCLUDING THE DISTRICT'S ONLINE PUPIL ENROLLMENT AND THE9 |
---|
| 2548 | + | DISTRICT'S EXTENDED HIGH SCHOOL PUPIL ENROLLMENT10 |
---|
| 2549 | + | + (DISTRICT'S PER PUPIL FUNDING DETERMINED PURSUANT TO11 |
---|
| 2550 | + | SECTION 22-54-104 (3) - STATEWIDE BASE PER PUPIL FUNDING) X12 |
---|
| 2551 | + | DISTRICT'S AT-RISK PUPIL ENROLLMENT FOR THE 2024-25 BUDGET13 |
---|
| 2552 | + | YEAR X TWELVE PERCENT14 |
---|
| 2553 | + | + (DISTRICT'S PER PUPIL FUNDING DETERMINED PURSUANT TO15 |
---|
| 2554 | + | SECTION 22-54-104 (3) - STATEWIDE BASE PER PUPIL FUNDING) X16 |
---|
| 2555 | + | DISTRICT'S ENGLISH LANGUAGE LEARNER PUPIL ENROLLMENT FOR17 |
---|
| 2556 | + | THE 2024-25 BUDGET YEAR X EIGHT PERCENT.18 |
---|
| 2557 | + | (C) FOR THE 2024-25 BUDGET YEAR, THE DEPARTMENT OF19 |
---|
| 2558 | + | EDUCATION, IN CONSULTATION WITH LEGISLATIVE COUNCIL STAFF, SHALL20 |
---|
| 2559 | + | CALCULATE FOR EACH DISTRICT THE AMOUNT EQUAL TO THE DISTRICT'S21 |
---|
| 2560 | + | COST OF LIVING FACTOR PLUS THE DISTRICT 'S SIZE FACTOR FOR THE22 |
---|
| 2561 | + | 2024-25 BUDGET YEAR CALCULATED PURSUANT TO SECTION 22-54-103.523 |
---|
| 2562 | + | MULTIPLIED BY THE STATEWIDE BASE PER PUPIL FUNDING FOR THE 2024-2524 |
---|
| 2563 | + | BUDGET YEAR MULTIPLIED BY THE DISTRICT'S FUNDED PUPIL COUNT FOR25 |
---|
| 2564 | + | THE 2024-25 BUDGET YEAR EXCLUDING THE DISTRICT'S ONLINE PUPIL26 |
---|
| 2565 | + | ENROLLMENT AND THE DISTRICT'S EXTENDED HIGH SCHOOL PUPIL27 |
---|
| 2566 | + | 1448 |
---|
| 2567 | + | -81- ENROLLMENT.1 |
---|
| 2568 | + | (D) THE DEPARTMENT OF EDUCATION SHALL COMPARE FOR EACH2 |
---|
| 2569 | + | DISTRICT THE AMOUNTS CALCULATED PURSUANT TO SUBSECTIONS3 |
---|
| 2570 | + | (3)(b)(VI)(B) AND (3)(b)(VI)(C) OF THIS SECTION. IF THE AMOUNT4 |
---|
| 2571 | + | CALCULATED PURSUANT TO SUBSECTION (3)(b)(VI)(C) OF THIS SECTION5 |
---|
| 2572 | + | IS LESS THAN THE AMOUNT CALCULATED PURSUANT TO SUBSECTION6 |
---|
| 2573 | + | (3)(b)(VI)(B) OF THIS SECTION, THE DEPARTMENT OF EDUCATION SHALL7 |
---|
| 2574 | + | DETERMINE THE DOLLAR AMOUNT DIFFERENCE BETWEEN THE AMOUNTS8 |
---|
| 2575 | + | CALCULATED PURSUANT TO SUBSECTIONS (3)(b)(VI)(B) AND9 |
---|
| 2576 | + | (3)(b)(VI)(C) OF THIS SECTION DIVIDE THAT DOLLAR AMOUNT DIFFERENCE10 |
---|
| 2577 | + | BY THE DISTRICT'S TOTAL PROGRAM FOR THE 2024-25 BUDGET YEAR AND11 |
---|
| 2578 | + | ADD THAT PERCENTAGE TO THE DISTRICT'S MILL LEVY OVERRIDE CAP FOR12 |
---|
| 2579 | + | THE 2023-24 BUDGET YEAR.13 |
---|
| 2580 | + | (E) THE DEPARTMENT OF EDUCATION SHALL MAKE14 |
---|
| 2581 | + | DETERMINATIONS PURSUANT TO SUBSECTIONS (3)(b)(VI)(B),15 |
---|
| 2582 | + | (3)(b)(VI)(C), AND (3)(b)(VI)(D) OF THIS SECTION AFTER IT MAKES16 |
---|
| 2583 | + | MID-YEAR REVISIONS TO REPLACE PROJECTIONS WITH ACTUAL FIGURES17 |
---|
| 2584 | + | WHEN DETERMINING EACH DISTRICT'S TOTAL PROGRAM FOR THE 2024-2518 |
---|
| 2585 | + | BUDGET YEAR.19 |
---|
| 2586 | + | (F) ON OR AFTER JULY 1, 2030, A DISTRICT SHALL NOT SUBMIT A20 |
---|
| 2587 | + | QUESTION TO THE ELIGIBLE ELECTORS OF THE DISTRICT PURSUANT TO THIS21 |
---|
| 2588 | + | SUBSECTION (3)(b)(VI).22 |
---|
| 2589 | + | (5) As used in this section, unless the context otherwise requires:23 |
---|
| 2590 | + | (b) "Total program", on and after July 1, 2023, means a district's24 |
---|
| 2591 | + | or small rural district's total program calculated pursuant to section25 |
---|
| 2592 | + | 22-54-104 (2), before application of the budget stabilization factor26 |
---|
| 2593 | + | pursuant to section 22-54-104 (5)(g) plus the amount the district or small27 |
---|
| 2594 | + | 1448 |
---|
| 2595 | + | -82- rural district receives for students enrolled through the Colorado universal1 |
---|
| 2596 | + | preschool program pursuant to part 2 of article 4 of title 26.5.2 |
---|
| 2597 | + | SECTION 22. In Colorado Revised Statutes, 22-54-108.5,3 |
---|
| 2598 | + | amend (1)(a), (1)(b), and (1)(e) as follows:4 |
---|
| 2599 | + | 22-54-108.5. Authorization of additional local revenues for5 |
---|
| 2600 | + | full-day kindergarten - definitions. (1) (a) Notwithstanding any law to6 |
---|
| 2601 | + | the contrary, effective July 1, 2007, any district that chooses to raise and7 |
---|
| 2602 | + | expend local property tax revenues in excess of the district's total8 |
---|
| 2603 | + | program, as determined in accordance with section 22-54-104, and in9 |
---|
| 2604 | + | addition to any property tax revenues levied pursuant to sections10 |
---|
| 2605 | + | 22-54-107 and 22-54-108, may submit the question of whether the district11 |
---|
| 2606 | + | should be authorized to raise and expend additional local property tax12 |
---|
| 2607 | + | revenues, thereby authorizing an additional levy in excess of the levy13 |
---|
| 2608 | + | authorized under sections 22-54-106, 22-54-107, and 22-54-108, to14 |
---|
| 2609 | + | provide funding for excess full-day kindergarten program costs in the15 |
---|
| 2610 | + | district for the then-current budget year and each budget year thereafter.16 |
---|
| 2611 | + | The question authorized by this paragraph (a) SUBSECTION (1)(a) may also17 |
---|
| 2612 | + | include a question of whether to impose an additional mill levy of a stated18 |
---|
| 2613 | + | amount and limited duration to meet the initial capital construction needs19 |
---|
| 2614 | + | of the district associated with the establishment of a full-day kindergarten20 |
---|
| 2615 | + | program. If a mill levy for capital construction needs associated with the21 |
---|
| 2616 | + | district's full-day kindergarten program is approved for more than one22 |
---|
| 2617 | + | year, the board of education of the district may, without calling an23 |
---|
| 2618 | + | election, decrease the amount or duration of the mill levy in subsequent24 |
---|
| 2619 | + | years. The questions authorized by this paragraph (a) shall SUBSECTION25 |
---|
| 2620 | + | (1)(a) |
---|
| 2621 | + | MUST be submitted at an election held in accordance with section26 |
---|
| 2622 | + | 20 of article X of the state constitution and title 1. C.R.S. |
---|
| 2623 | + | 27 |
---|
| 2624 | + | 1448 |
---|
| 2625 | + | -83- (b) Notwithstanding any law to the contrary, effective July 1,1 |
---|
| 2626 | + | 2007, upon proper submittal to a district of a valid initiative petition, the2 |
---|
| 2627 | + | district shall submit to the eligible electors of the district the question of3 |
---|
| 2628 | + | whether the district should be authorized to raise and expend additional4 |
---|
| 2629 | + | local property tax revenues in excess of the district's total program, as5 |
---|
| 2630 | + | determined in accordance with section 22-54-104 and in addition to any6 |
---|
| 2631 | + | property tax revenues levied pursuant to sections 22-54-107 and7 |
---|
| 2632 | + | 22-54-108, thereby authorizing an additional levy in excess of the levy8 |
---|
| 2633 | + | authorized under sections 22-54-106, 22-54-107, and 22-54-108, to9 |
---|
| 2634 | + | provide funding for excess full-day kindergarten program costs in the10 |
---|
| 2635 | + | district for the then-current budget year and each budget year thereafter.11 |
---|
| 2636 | + | The question authorized by this paragraph (b) SUBSECTION (1)(b) may12 |
---|
| 2637 | + | also include a question of whether to impose an additional mill levy of a13 |
---|
| 2638 | + | stated amount and limited duration to meet the initial capital construction14 |
---|
| 2639 | + | needs of the district associated with the establishment of a full-day15 |
---|
| 2640 | + | kindergarten program. If a mill levy for capital construction needs16 |
---|
| 2641 | + | associated with the district's full-day kindergarten program is approved17 |
---|
| 2642 | + | for more than one year, the board of education of the district may, without18 |
---|
| 2643 | + | calling an election, decrease the amount or duration of the mill levy in19 |
---|
| 2644 | + | subsequent years. The questions authorized by this paragraph (b) shall20 |
---|
| 2645 | + | SUBSECTION (1)(b) MUST be submitted at an election held in accordance21 |
---|
| 2646 | + | with section 20 of article X of the state constitution and title 1. C.R.S. An22 |
---|
| 2647 | + | initiative petition under this paragraph (b) shall SUBSECTION (1)(b) MUST23 |
---|
| 2648 | + | be signed by at least five percent of the eligible electors in the district at24 |
---|
| 2649 | + | the time the petition is filed.25 |
---|
| 2650 | + | (e) Notwithstanding the provisions of section 20 of article X of26 |
---|
| 2651 | + | the state constitution that allow districts to seek voter approval for27 |
---|
| 2652 | + | 1448 |
---|
| 2653 | + | -84- spending and revenue increases, the provisions of this subsection (1) shall1 |
---|
| 2654 | + | limit a district's authority to raise and expend local property tax revenues2 |
---|
| 2655 | + | in excess of the district's total program. as determined in accordance with3 |
---|
| 2656 | + | section 22-54-104.4 |
---|
| 2657 | + | SECTION 23. In Colorado Revised Statutes, 22-54-108.7,5 |
---|
| 2658 | + | amend (1)(a) as follows:6 |
---|
| 2659 | + | 22-54-108.7. Authorization of additional local revenues for7 |
---|
| 2660 | + | cash funding of capital construction, new technology, existing8 |
---|
| 2661 | + | technology upgrade, and maintenance needs - definition.9 |
---|
| 2662 | + | (1) (a) Notwithstanding any law to the contrary, any district that chooses10 |
---|
| 2663 | + | to raise and expend local property tax revenue in excess of the district's11 |
---|
| 2664 | + | total program, as determined in accordance with section 22-54-104, and12 |
---|
| 2665 | + | in addition to any revenue generated by property tax levied pursuant to13 |
---|
| 2666 | + | sections 22-54-106, 22-54-107, 22-54-107.5, 22-54-108, and14 |
---|
| 2667 | + | 22-54-108.5, may submit the question of whether the district should be15 |
---|
| 2668 | + | authorized to raise and expend additional local property tax revenue,16 |
---|
| 2669 | + | thereby authorizing an additional levy in excess of the levy authorized17 |
---|
| 2670 | + | under sections 22-54-106, 22-54-107, and 22-54-108, to provide ongoing18 |
---|
| 2671 | + | cash funding for the capital construction, new technology, existing19 |
---|
| 2672 | + | technology upgrade, and maintenance needs of the district. A question20 |
---|
| 2673 | + | authorized by this paragraph (a) SUBSECTION (1)(a) must be submitted at21 |
---|
| 2674 | + | an election held in accordance with section 20 of article X of the state22 |
---|
| 2675 | + | constitution and title 1. C.R.S.23 |
---|
| 2676 | + | SECTION 24. In Colorado Revised Statutes, 22-54-122, amend24 |
---|
| 2677 | + | (2) as follows:25 |
---|
| 2678 | + | 22-54-122. Small attendance center aid. (2) (a) A district26 |
---|
| 2679 | + | meeting the eligibility requirements of subsection (1) of this section shall27 |
---|
| 2680 | + | 1448 |
---|
| 2681 | + | -85- be IS eligible to receive aid for each small attendance center as calculated1 |
---|
| 2682 | + | by: Multiplying the pupil enrollment of the small attendance center by an2 |
---|
| 2683 | + | amount equal to thirty-five percent of the difference between the district3 |
---|
| 2684 | + | per pupil funding as calculated pursuant to section 22-54-104, and the4 |
---|
| 2685 | + | district per pupil funding, as calculated pursuant to section 22-54-1045 |
---|
| 2686 | + | except using the size factor calculated using the funded pupil count of the6 |
---|
| 2687 | + | small attendance center; and then multiplying such THE amount by the7 |
---|
| 2688 | + | percentage determined by dividing the difference between two hundred8 |
---|
| 2689 | + | and the funded pupil count of the small attendance center by two hundred.9 |
---|
| 2690 | + | (b) An institute charter school meeting the eligibility requirements10 |
---|
| 2691 | + | of subsection (1.5) of this section shall be IS eligible to receive aid as a11 |
---|
| 2692 | + | small attendance center as calculated by: Multiplying the pupil enrollment12 |
---|
| 2693 | + | of the institute charter school by an amount equal to thirty-five percent of13 |
---|
| 2694 | + | the difference between the district per pupil funding of the institute14 |
---|
| 2695 | + | charter school's accounting district as calculated pursuant to section15 |
---|
| 2696 | + | 22-54-104 and such THE district per pupil funding, as calculated pursuant16 |
---|
| 2697 | + | to section 22-54-104, except using the size factor calculated using the17 |
---|
| 2698 | + | pupil enrollment of the institute charter school, and then multiplying such18 |
---|
| 2699 | + | amount by the percentage determined by dividing the difference between19 |
---|
| 2700 | + | two hundred and the pupil enrollment of the institute charter school by20 |
---|
| 2701 | + | two hundred.21 |
---|
| 2702 | + | SECTION 25. In Colorado Revised Statutes, 22-54-129, amend22 |
---|
| 2703 | + | (1)(g) as follows:23 |
---|
| 2704 | + | 22-54-129. Facility school funding - legislative declaration -24 |
---|
| 2705 | + | definitions. (1) As used in this section, unless the context otherwise25 |
---|
| 2706 | + | requires:26 |
---|
| 2707 | + | (g) "Statewide base per pupil funding" means the amount annually27 |
---|
| 2708 | + | 1448 |
---|
| 2709 | + | -86- specified in section 22-54-104 (5)(a) THIS ARTICLE 54.1 |
---|
| 2710 | + | SECTION 26. In Colorado Revised Statutes, 19-1-115.5, amend2 |
---|
| 2711 | + | (1)(a)(I) as follows:3 |
---|
| 2712 | + | 19-1-115.5. Placement of children out of home - legislative4 |
---|
| 2713 | + | declaration. (1) (a) (I) The general assembly hereby finds that the5 |
---|
| 2714 | + | number of children in out-of-home placement has increased significantly.6 |
---|
| 2715 | + | The general assembly further finds that the facility in which a child is7 |
---|
| 2716 | + | placed out of home is often not located in the same school district as the8 |
---|
| 2717 | + | child's school district of residence. Nevertheless, the general assembly9 |
---|
| 2718 | + | finds that, under the provisions of PURSUANT TO the "Public School10 |
---|
| 2719 | + | Finance Act of 1994 2025", article 54 of title 22, C.R.S. children in foster11 |
---|
| 2720 | + | home placement are considered residents of the school district in which12 |
---|
| 2721 | + | the foster home is located. Accordingly, the school district in which the13 |
---|
| 2722 | + | child is placed must accommodate the child and provide the child with the14 |
---|
| 2723 | + | necessary educational services that serve the child's best interests while15 |
---|
| 2724 | + | absorbing the costs associated with such services within the constraints16 |
---|
| 2725 | + | of the school district's existing budget. The general assembly finds that in17 |
---|
| 2726 | + | many circumstances it is not possible to meet the best interests of the18 |
---|
| 2727 | + | child in out-of-home placement and the needs of other children enrolled19 |
---|
| 2728 | + | in the school district within the confines of the district's budget.20 |
---|
| 2729 | + | SECTION 27. In Colorado Revised Statutes, 22-1-122, amend21 |
---|
| 2730 | + | (6)(b) as follows:22 |
---|
| 2731 | + | 22-1-122. Transportation token program - legislative23 |
---|
| 2732 | + | declaration - eligibility - fund. (6) (b) So long as IF an eligible student24 |
---|
| 2733 | + | is enrolled before the pupil enrollment count day, the parent or legal25 |
---|
| 2734 | + | guardian of an eligible student may choose to enroll the eligible student26 |
---|
| 2735 | + | in and transport the eligible student to a public school in another school27 |
---|
| 2736 | + | 1448 |
---|
| 2737 | + | -87- district that has available space. Such THE school district shall enroll the1 |
---|
| 2738 | + | eligible student and include the eligible student in the district's pupil2 |
---|
| 2739 | + | enrollment for purposes of the "Public School Finance Act of 1994 2025".3 |
---|
| 2740 | + | SECTION 28. In Colorado Revised Statutes, 22-2-117, amend4 |
---|
| 2741 | + | (1)(b)(I) and (1)(d) as follows:5 |
---|
| 2742 | + | 22-2-117. Additional power - state board - waiver of6 |
---|
| 2743 | + | requirements - rules. (1) (b) The state board shall not waive any of the7 |
---|
| 2744 | + | requirements specified in any of the following statutory provisions:8 |
---|
| 2745 | + | (I) The "Public School Finance Act of 1994 2025", article 54 of9 |
---|
| 2746 | + | this title TITLE 22;10 |
---|
| 2747 | + | (d) In addition to any requirements for a waiver application that11 |
---|
| 2748 | + | are specified in this subsection (1), any application submitted by a school12 |
---|
| 2749 | + | district that has a funded pupil count, as defined in section 22-54-103 (7)13 |
---|
| 2750 | + | DETERMINED PURSUANT TO ARTICLE 54 OF THIS TITLE 22, of three14 |
---|
| 2751 | + | thousand or more pupils shall demonstrate that such THE application has15 |
---|
| 2752 | + | the consent of a majority of the appropriate accountability committee, a16 |
---|
| 2753 | + | majority of the affected licensed administrators, and a majority of the17 |
---|
| 2754 | + | teachers of the affected school or district.18 |
---|
| 2755 | + | SECTION 29. In Colorado Revised Statutes, 22-30-105, amend19 |
---|
| 2756 | + | (1) introductory portion and (1)(b) as follows:20 |
---|
| 2757 | + | 22-30-105. Activation of the school district organization21 |
---|
| 2758 | + | planning process. (1) The appointment of a school organization22 |
---|
| 2759 | + | planning committee charged to study school district organization shall23 |
---|
| 2760 | + | MUST occur when the commissioner is notified that any of the following24 |
---|
| 2761 | + | conditions exist:25 |
---|
| 2762 | + | (b) A petition committee, as defined in section 22-30-103 (10),26 |
---|
| 2763 | + | presents a petition to the commissioner and to the county clerk and27 |
---|
| 2764 | + | 1448 |
---|
| 2765 | + | -88- recorder of each county in which the headquarters of a school district that1 |
---|
| 2766 | + | will be affected by the actions of a planning committee are located2 |
---|
| 2767 | + | requesting the appointment of a school organization planning committee.3 |
---|
| 2768 | + | Such THE petition shall MUST contain a statement indicating the school4 |
---|
| 2769 | + | districts to be involved. If only one school district is involved, the petition5 |
---|
| 2770 | + | shall MUST be signed by fifteen percent of that school district's eligible6 |
---|
| 2771 | + | electors. If multiple school districts are involved, the petition shall MUST7 |
---|
| 2772 | + | be signed by fifteen percent of the eligible electors in each involved8 |
---|
| 2773 | + | school district; except that, if the petition requests only consideration of9 |
---|
| 2774 | + | detachment and annexation, the petition shall MUST be signed by10 |
---|
| 2775 | + | twenty-five percent of the eligible electors residing in the area to be11 |
---|
| 2776 | + | detached and annexed. If multiple school districts are involved, the12 |
---|
| 2777 | + | petition does not request consideration of a detachment and annexation,13 |
---|
| 2778 | + | and the pupil enrollment of a school district for purposes of the "Public14 |
---|
| 2779 | + | School Finance Act of 1994 2025" is greater than thirty thousand pupils,15 |
---|
| 2780 | + | the petition shall MUST be signed by five percent of the eligible electors16 |
---|
| 2781 | + | in that school district. Such petitions shall be A PETITION IS deemed17 |
---|
| 2782 | + | sufficient by the county clerk and recorder in the county of each involved18 |
---|
| 2783 | + | school district. Only one such petition may be presented to the19 |
---|
| 2784 | + | commissioner and the county clerk and recorder in the county of each20 |
---|
| 2785 | + | involved school district in any three consecutive calendar years.21 |
---|
| 2786 | + | SECTION 30. In Colorado Revised Statutes, 22-30-114, amend22 |
---|
| 2787 | + | (1)(k) as follows:23 |
---|
| 2788 | + | 22-30-114. Requirements for plan of organization. (1) The24 |
---|
| 2789 | + | plan of organization must include, but need not be limited to,25 |
---|
| 2790 | + | consideration of the following:26 |
---|
| 2791 | + | (k) If the plan of organization results in the creation of a new27 |
---|
| 2792 | + | 1448 |
---|
| 2793 | + | -89- school district, a source of operating funds to be used by the new school1 |
---|
| 2794 | + | district prior to receiving the state share of the total district program2 |
---|
| 2795 | + | pursuant to the "Public School Finance Act of 1994 2025", article 54 of3 |
---|
| 2796 | + | this title TITLE 22, on July 1 of the new school district's first budget year.4 |
---|
| 2797 | + | SECTION 31. In Colorado Revised Statutes, amend 22-30-120.55 |
---|
| 2798 | + | as follows:6 |
---|
| 2799 | + | 22-30-120.5. Effective date for purposes of school finance.7 |
---|
| 2800 | + | Notwithstanding the provisions of section 22-30-120, for purposes of8 |
---|
| 2801 | + | determining funding under PURSUANT TO the "Public School Finance Act9 |
---|
| 2802 | + | of 1994 2025", article 54 of this title TITLE 22, any plan of organization10 |
---|
| 2803 | + | approved at a special school district organization election shall MUST take11 |
---|
| 2804 | + | effect on the next July 1 following certification of the election results.12 |
---|
| 2805 | + | SECTION 32. In Colorado Revised Statutes, 22-30-129, amend13 |
---|
| 2806 | + | (7) as follows:14 |
---|
| 2807 | + | 22-30-129. Dissolution and annexation - exemptions from the15 |
---|
| 2808 | + | school district organization planning process. (7) The dissolution and16 |
---|
| 2809 | + | annexation of a school district is effective for all purposes on the date17 |
---|
| 2810 | + | specified in the final plan of organization; except that, for purposes of18 |
---|
| 2811 | + | determining funding pursuant to the "Public School Finance Act of 199419 |
---|
| 2812 | + | 2025", article 54 of this title 22, a final plan of organization approved by20 |
---|
| 2813 | + | the affected local school boards pursuant to this section takes effect on21 |
---|
| 2814 | + | the next July 1 following submission of the map and legal description of22 |
---|
| 2815 | + | the annexing school districts to the commissioner pursuant to subsection23 |
---|
| 2816 | + | (6) of this section. The annexing school districts continue as bodies24 |
---|
| 2817 | + | corporate in the same manner as before approval of the organization plan.25 |
---|
| 2818 | + | SECTION 33. In Colorado Revised Statutes, 22-30.5-103,26 |
---|
| 2819 | + | amend (6.5) as follows:27 |
---|
| 2820 | + | 1448 |
---|
| 2821 | + | -90- 22-30.5-103. Definitions. As used in this part 1, unless the1 |
---|
| 2822 | + | context otherwise requires:2 |
---|
| 2823 | + | (6.5) "Private school" means a primary or secondary educational3 |
---|
| 2824 | + | institution for students in kindergarten through twelfth grade or any4 |
---|
| 2825 | + | portion thereof that may or may not have attained nonprofit status, that5 |
---|
| 2826 | + | does not receive state funding through the "Public School Finance Act of6 |
---|
| 2827 | + | 1994 2025", article 54 of this title TITLE 22, and that is supported in whole7 |
---|
| 2828 | + | or in part by tuition payments or private donations.8 |
---|
| 2829 | + | SECTION 34. In Colorado Revised Statutes, 22-30.5-104,9 |
---|
| 2830 | + | amend (6)(a) and (6)(c)(IV) as follows:10 |
---|
| 2831 | + | 22-30.5-104. Charter school - requirements - authority - rules11 |
---|
| 2832 | + | - definitions. (6) (a) Pursuant to contract, a charter school may operate12 |
---|
| 2833 | + | free from specified school district policies and free from state rules as13 |
---|
| 2834 | + | provided in paragraph (b) of this subsection (6) PURSUANT TO14 |
---|
| 2835 | + | SUBSECTION (6)(b) OF THIS SECTION. Pursuant to contract, a local board15 |
---|
| 2836 | + | of education may waive locally imposed school district requirements,16 |
---|
| 2837 | + | without seeking approval of the state board; except that a charter school17 |
---|
| 2838 | + | shall not, by contract or otherwise, operate free of the requirements18 |
---|
| 2839 | + | contained in the "Public School Finance Act of 1994 2025", article 54 of19 |
---|
| 2840 | + | this title TITLE 22, the requirements specified in part 4 of article 11 of this20 |
---|
| 2841 | + | title TITLE 22 concerning school accountability committees, or the21 |
---|
| 2842 | + | requirements contained in the "Children's Internet Protection Act", article22 |
---|
| 2843 | + | 87 of this title TITLE 22.23 |
---|
| 2844 | + | (c) A school district, on behalf of a charter school, may apply to24 |
---|
| 2845 | + | the state board for a waiver of a state statute or state rule that is not an25 |
---|
| 2846 | + | automatic waiver. Notwithstanding any provision of this subsection (6)26 |
---|
| 2847 | + | to the contrary, the state board may not waive any statute or rule relating27 |
---|
| 2848 | + | 1448 |
---|
| 2849 | + | -91- to:1 |
---|
| 2850 | + | (IV) The "Public School Finance Act of 1994 2025", article 54 of2 |
---|
| 2851 | + | this title 22;3 |
---|
| 2852 | + | SECTION 35. In Colorado Revised Statutes, 22-30.5-112,4 |
---|
| 2853 | + | amend (1)(a)(II), (2)(a.5)(II), (2)(a.5)(II.5), and (2)(e)(II)(B) as follows:5 |
---|
| 2854 | + | 22-30.5-112. Charter schools - financing - guidelines -6 |
---|
| 2855 | + | definitions. (1) (a) (II) On and after July 1, 2023, For purposes of the7 |
---|
| 2856 | + | "Public School Finance Act of 1994 2025", article 54 of this title 22,8 |
---|
| 2857 | + | pupils enrolled in a charter school are included in the pupil enrollment or9 |
---|
| 2858 | + | the online pupil enrollment, whichever is applicable, of the school district10 |
---|
| 2859 | + | that granted its charter. The school district that granted its charter shall11 |
---|
| 2860 | + | report to the department the number of pupils included in the school12 |
---|
| 2861 | + | district's pupil enrollment and the school district's online pupil enrollment13 |
---|
| 2862 | + | that are actually enrolled in each charter school.14 |
---|
| 2863 | + | (2) (a.5) As used in this subsection (2):15 |
---|
| 2864 | + | (II) "District per pupil revenues" means the district's total program16 |
---|
| 2865 | + | as defined in section 22-54-103 (6) for any budget year divided by the17 |
---|
| 2866 | + | district's funded pupil count as defined in section 22-54-103 (7) for said18 |
---|
| 2867 | + | DETERMINED BY ARTICLE 54 OF THIS TITLE 22 FOR THE APPLICABLE budget19 |
---|
| 2868 | + | year.20 |
---|
| 2869 | + | (II.5) "District per pupil online funding" means a school district's21 |
---|
| 2870 | + | online funding, as specified in section 22-54-104 (4.5) DETERMINED BY22 |
---|
| 2871 | + | ARTICLE 54 OF THIS TITLE 22, divided by the district's online pupil23 |
---|
| 2872 | + | enrollment for any budget year.24 |
---|
| 2873 | + | (2) (e) (II) (B) Notwithstanding the provisions of subsection25 |
---|
| 2874 | + | (2)(e)(II)(A) of this section, to the contrary if the general assembly26 |
---|
| 2875 | + | amends the "Public School Finance Act of 1994 2025", article 54 of this27 |
---|
| 2876 | + | 1448 |
---|
| 2877 | + | -92- title 22, to count a student enrolled in kindergarten only as a half-day1 |
---|
| 2878 | + | pupil, with or without the addition of supplemental kindergarten2 |
---|
| 2879 | + | enrollment as defined in section 22-54-103 (15) for purposes of3 |
---|
| 2880 | + | calculating the funded pupil count as defined in section 22-54-103 (7)4 |
---|
| 2881 | + | DETERMINED BY ARTICLE 54 OF THIS TITLE 22, a charter school may charge5 |
---|
| 2882 | + | the student's parents tuition or a fee for the portion of the school day for6 |
---|
| 2883 | + | which it does not receive funding for the student pursuant to the "Public7 |
---|
| 2884 | + | School Finance Act of 1994 2025"; except that the amount of tuition or8 |
---|
| 2885 | + | fee charged shall MUST not exceed the amount of tuition or fee that the9 |
---|
| 2886 | + | charter school charged to attend a full-day kindergarten educational10 |
---|
| 2887 | + | program for the 2018-19 budget year, adjusted for inflation and prorated11 |
---|
| 2888 | + | by the percentage of the school day for which the student is no longer12 |
---|
| 2889 | + | funded by the "Public School Finance Act of 1994 2025". As used in this13 |
---|
| 2890 | + | subsection (2)(e)(II)(B), "inflation" means the annual percentage change14 |
---|
| 2891 | + | in the United States department of labor bureau of labor statistics15 |
---|
| 2892 | + | consumer price index for Denver-Aurora-Lakewood for all items paid by16 |
---|
| 2893 | + | all urban consumers, or its applicable successor index.17 |
---|
| 2894 | + | SECTION 36. In Colorado Revised Statutes, 22-30.5-112.1,18 |
---|
| 2895 | + | amend (1)(b), (1)(g), (1)(i), and (1)(j.2) as follows:19 |
---|
| 2896 | + | 22-30.5-112.1. Charter schools - exclusive jurisdiction districts20 |
---|
| 2897 | + | - authorized on or after July 1, 2004 - financing - definitions. (1) As21 |
---|
| 2898 | + | used in this section, unless the context otherwise requires:22 |
---|
| 2899 | + | (b) "At-risk funding" means the amount of funding determined in23 |
---|
| 2900 | + | accordance with the formulas described in section 22-54-104 (4)24 |
---|
| 2901 | + | APPLICABLE AT-RISK FUNDING FORMULA PURSUANT TO ARTICLE 54 OF THIS25 |
---|
| 2902 | + | TITLE 22.26 |
---|
| 2903 | + | (g) "District funded pupil count" shall have the same meaning as27 |
---|
| 2904 | + | 1448 |
---|
| 2905 | + | -93- provided in section 22-54-103 (7) MEANS THE FUNDED PUPIL COUNT1 |
---|
| 2906 | + | DETERMINED PURSUANT TO ARTICLE 54 OF THIS TITLE 22.2 |
---|
| 2907 | + | (i) "District per pupil online funding" means a school district's3 |
---|
| 2908 | + | online funding, as specified in section 22-54-104 (4.5) AS DETERMINED4 |
---|
| 2909 | + | IN ARTICLE 54 OF THIS TITLE 22, divided by the district's online pupil5 |
---|
| 2910 | + | enrollment for any budget year.6 |
---|
| 2911 | + | (j.2) "English language learner funding" means the amount of7 |
---|
| 2912 | + | funding determined in accordance with the formula described in section8 |
---|
| 2913 | + | 22-54-104 (4.3) APPLICABLE ENGLISH LANGUAGE LEARNER FUNDING9 |
---|
| 2914 | + | FORMULA PURSUANT TO ARTICLE 54 OF THIS TITLE 22.10 |
---|
| 2915 | + | SECTION 37. In Colorado Revised Statutes, 22-30.5-507,11 |
---|
| 2916 | + | amend (7)(b)(IV) as follows:12 |
---|
| 2917 | + | 22-30.5-507. Institute charter school - requirements -13 |
---|
| 2918 | + | authority - rules - definitions. (7) (b) An institute charter school may14 |
---|
| 2919 | + | apply to the state board, through the institute, for a waiver of state statutes15 |
---|
| 2920 | + | and state rules that are not automatic waivers. The state board may waive16 |
---|
| 2921 | + | state statutory requirements or rules promulgated by the state board;17 |
---|
| 2922 | + | except that the state board may not waive any statute or rule relating to:18 |
---|
| 2923 | + | (IV) The provisions of the "Public School Finance Act of 199419 |
---|
| 2924 | + | 2025", article 54 of this title 22;20 |
---|
| 2925 | + | SECTION 38. In Colorado Revised Statutes, 22-30.5-513,21 |
---|
| 2926 | + | amend (1)(c), (1)(d.2), (1)(e), (1)(g), (2)(e)(II), and (3)(b) as follows:22 |
---|
| 2927 | + | 22-30.5-513. Institute charter schools - funding - at-risk23 |
---|
| 2928 | + | supplemental aid - legislative declaration - definitions. (1) As used in24 |
---|
| 2929 | + | this section, unless the context otherwise requires:25 |
---|
| 2930 | + | (c) "Accounting district's at-risk funding" means the amount of26 |
---|
| 2931 | + | funding for at-risk pupils in the accounting district determined in27 |
---|
| 2932 | + | 1448 |
---|
| 2933 | + | -94- accordance with the formulas APPLICABLE AT-RISK FUNDING FORMULA1 |
---|
| 2934 | + | described in section 22-54-104 (4) PURSUANT TO ARTICLE 54 OF THIS2 |
---|
| 2935 | + | TITLE 22.3 |
---|
| 2936 | + | (d.2) "Accounting district's English language learner funding"4 |
---|
| 2937 | + | means the amount of funding for English language learner pupils in the5 |
---|
| 2938 | + | accounting district determined in accordance with the |
---|
| 2939 | + | APPLICABLE6 |
---|
| 2940 | + | E |
---|
| 2941 | + | NGLISH LANGUAGE LEARNER FUNDING formula described in section |
---|
| 2942 | + | 7 |
---|
| 2943 | + | 22-54-104 (4.3) PURSUANT TO ARTICLE 54 OF THIS TITLE 22.8 |
---|
| 2944 | + | (e) "Accounting district's funded pupil count" shall have the same9 |
---|
| 2945 | + | meaning as the term "district funded pupil count" defined in section10 |
---|
| 2946 | + | 22-54-103 (7) MEANS THE FUNDED PUPIL COUNT DETERMINED PURSUANT11 |
---|
| 2947 | + | TO ARTICLE 54 OF THIS TITLE 22.12 |
---|
| 2948 | + | (g) "Accounting district's per pupil online funding" means |
---|
| 2949 | + | THE13 |
---|
| 2950 | + | online funding as specified in section 22-54-104 (4.5), |
---|
| 2951 | + | FORMULA14 |
---|
| 2952 | + | DESCRIBED PURSUANT TO ARTICLE 54 OF THIS TITLE 22 for any budget year15 |
---|
| 2953 | + | divided by the online pupil enrollment.16 |
---|
| 2954 | + | (2) (e) (II) Notwithstanding the provisions of subsection (2)(e)(I)17 |
---|
| 2955 | + | of this section to the contrary, if the general assembly amends the "Public18 |
---|
| 2956 | + | School Finance Act of 1994 2025", article 54 of this title 22, to count a19 |
---|
| 2957 | + | student enrolled in kindergarten only as a half-day pupil, with or without20 |
---|
| 2958 | + | the addition of supplemental kindergarten enrollment as defined in21 |
---|
| 2959 | + | section 22-54-103 (15) for purposes of calculating the funded pupil count22 |
---|
| 2960 | + | as defined in section 22-54-103 (7) DETERMINED PURSUANT TO ARTICLE23 |
---|
| 2961 | + | 54 |
---|
| 2962 | + | OF THIS TITLE 22, an institute charter school may charge the student's24 |
---|
| 2963 | + | parents tuition or a fee for the portion of the school day for which it does25 |
---|
| 2964 | + | not receive funding for the student pursuant to the "Public School Finance26 |
---|
| 2965 | + | Act of 1994 |
---|
| 2966 | + | 2025"; except that the amount of tuition or fee charged shall27 |
---|
| 2967 | + | 1448 |
---|
| 2968 | + | -95- MUST not exceed the amount of tuition or fee that the institute charter1 |
---|
| 2969 | + | school charged to attend a full-day kindergarten educational program for2 |
---|
| 2970 | + | the 2018-19 budget year, adjusted for inflation and prorated by the3 |
---|
| 2971 | + | percentage of the school day for which the student is no longer funded by4 |
---|
| 2972 | + | the "Public School Finance Act of 1994 2025". As used in this subsection5 |
---|
| 2973 | + | (2)(e)(II), "inflation" means the annual percentage change in the United6 |
---|
| 2974 | + | States department of labor bureau of labor statistics consumer price index7 |
---|
| 2975 | + | for Denver-Aurora-Lakewood for all items paid by all urban consumers,8 |
---|
| 2976 | + | or its applicable successor index.9 |
---|
| 2977 | + | (3) (b) For purposes of the "Public School Finance Act of 199410 |
---|
| 2978 | + | 2025", article 54 of this title TITLE 22, the department shall add the pupils11 |
---|
| 2979 | + | enrolled in an institute charter school to the funded pupil count and the12 |
---|
| 2980 | + | online pupil enrollment of the institute charter school's accounting13 |
---|
| 2981 | + | district.14 |
---|
| 2982 | + | SECTION 39. In Colorado Revised Statutes, 22-30.5-513.1,15 |
---|
| 2983 | + | amend (2)(b) as follows:16 |
---|
| 2984 | + | 22-30.5-513.1. Mill levy equalization - fund created -17 |
---|
| 2985 | + | legislative declaration - definitions. (2) (b) The institute shall annually18 |
---|
| 2986 | + | distribute the money appropriated or transferred to the fund to the19 |
---|
| 2987 | + | institute charter schools on an equal per-pupil basis; except that, in any20 |
---|
| 2988 | + | budget year, an institute charter school shall MUST not receive a per pupil21 |
---|
| 2989 | + | amount that is greater than the total amount of additional mill levy22 |
---|
| 2990 | + | revenue, as defined in section 22-32-108.5, that the accounting district for23 |
---|
| 2991 | + | the institute charter school is authorized to collect, divided by the funded24 |
---|
| 2992 | + | pupil count, as defined in section 22-54-103 DETERMINED PURSUANT TO25 |
---|
| 2993 | + | ARTICLE 54 OF THIS TITLE 22, of the accounting district for the applicable26 |
---|
| 2994 | + | budget year. The money distributed pursuant to this section is in addition27 |
---|
| 2995 | + | 1448 |
---|
| 2996 | + | -96- to money distributed to institute charter schools pursuant to section1 |
---|
| 2997 | + | 22-30.5-513. The institute has continuous spending authority over all2 |
---|
| 2998 | + | interest and income in the fund.3 |
---|
| 2999 | + | SECTION 40. In Colorado Revised Statutes, 22-30.7-107,4 |
---|
| 3000 | + | amend (2) introductory portion and (2)(b) as follows:5 |
---|
| 3001 | + | 22-30.7-107. Funding. (2) For the 2008-09 budget year, and for6 |
---|
| 3002 | + | each budget year thereafter, For purposes of determining total program7 |
---|
| 3003 | + | funding pursuant to article 54 of this title TITLE 22:8 |
---|
| 3004 | + | (b) (I) A school district that is providing a multi-district online9 |
---|
| 3005 | + | school, or a school district in which a district charter school is providing10 |
---|
| 3006 | + | a multi-district online school, shall include each student who is enrolled11 |
---|
| 3007 | + | in the multi-district online school as of the pupil enrollment count day of12 |
---|
| 3008 | + | the applicable budget year in the school district's online pupil enrollment13 |
---|
| 3009 | + | for the applicable budget year and shall MUST receive online funding as14 |
---|
| 3010 | + | specified in section 22-54-104 (4.5) ARTICLE 54 OF THIS TITLE 22.15 |
---|
| 3011 | + | (II) An institute charter school that is providing a multi-district16 |
---|
| 3012 | + | online school shall include each student who is enrolled in the17 |
---|
| 3013 | + | multi-district online school as of the pupil enrollment count day of the18 |
---|
| 3014 | + | applicable budget year in the institute charter school's online enrollment19 |
---|
| 3015 | + | for the applicable budget year and shall MUST receive online funding as20 |
---|
| 3016 | + | specified in section 22-54-104 (4.5) ARTICLE 54 OF THIS TITLE 22.21 |
---|
| 3017 | + | SECTION 41. In Colorado Revised Statutes, 22-32-108.5,22 |
---|
| 3018 | + | amend (2)(g) as follows:23 |
---|
| 3019 | + | 22-32-108.5. Board of education - distribution of additional24 |
---|
| 3020 | + | mill levy revenue - legislative declaration - definitions. (2) As used in25 |
---|
| 3021 | + | this section, unless the context otherwise requires:26 |
---|
| 3022 | + | (g) "Per pupil mill levy share" means an amount equal to the total27 |
---|
| 3023 | + | 1448 |
---|
| 3024 | + | -97- amount of additional mill levy revenue that a participating school district1 |
---|
| 3025 | + | collects for a budget year divided by the school district's funded pupil2 |
---|
| 3026 | + | count, as defined in section 22-54-103 DETERMINED PURSUANT TO3 |
---|
| 3027 | + | ARTICLE 54 OF THIS TITLE 22, for that budget year.4 |
---|
| 3028 | + | SECTION 42. In Colorado Revised Statutes, 22-32-119, amend5 |
---|
| 3029 | + | (1)(b) as follows:6 |
---|
| 3030 | + | 22-32-119. Kindergartens - definition. (1) (b) Notwithstanding7 |
---|
| 3031 | + | the provisions of subsection (1)(a) of this section to the contrary, if the8 |
---|
| 3032 | + | general assembly amends the "Public School Finance Act of 1994 2025",9 |
---|
| 3033 | + | article 54 of this title 22, to count a student enrolled in kindergarten only10 |
---|
| 3034 | + | as a half-day pupil, with or without the addition of supplemental11 |
---|
| 3035 | + | kindergarten enrollment as defined in section 22-54-103 (15) for purposes12 |
---|
| 3036 | + | of calculating the funded pupil count as defined in section 22-54-103 (7)13 |
---|
| 3037 | + | DETERMINED PURSUANT TO ARTICLE 54 OF THIS TITLE 22, a school district14 |
---|
| 3038 | + | may charge the student's parents tuition or a fee for the portion of the15 |
---|
| 3039 | + | school day for which it does not receive funding for the student pursuant16 |
---|
| 3040 | + | to the "Public School Finance Act of 1994 2025"; except that the amount17 |
---|
| 3041 | + | of tuition or fee charged shall MUST not exceed the amount of tuition or18 |
---|
| 3042 | + | fee that the school district charged to attend a full-day kindergarten19 |
---|
| 3043 | + | educational program for the 2018-19 budget year, adjusted for inflation20 |
---|
| 3044 | + | and prorated by the percentage of the school day for which the student is21 |
---|
| 3045 | + | no longer funded by the "Public School Finance Act of 1994 2025". As22 |
---|
| 3046 | + | used in this subsection (1)(b), "inflation" means the annual percentage23 |
---|
| 3047 | + | change in the United States department of labor bureau of labor statistics24 |
---|
| 3048 | + | consumer price index for Denver-Aurora-Lakewood for all items paid by25 |
---|
| 3049 | + | all urban consumers, or its applicable successor index.26 |
---|
| 3050 | + | SECTION 43. In Colorado Revised Statutes, 22-32-141, amend27 |
---|
| 3051 | + | 1448 |
---|
| 3052 | + | -98- (4)(a) as follows:1 |
---|
| 3053 | + | 22-32-141. Student awaiting trial as adult - educational2 |
---|
| 3054 | + | services - definitions. (4) (a) In any budget year in which a school3 |
---|
| 3055 | + | district is providing educational services to a juvenile pursuant to this4 |
---|
| 3056 | + | section on the pupil enrollment count day of said THE budget year, the5 |
---|
| 3057 | + | school district may include the juvenile in its pupil enrollment, as defined6 |
---|
| 3058 | + | in section 22-54-103 (10), for purposes of determining the school7 |
---|
| 3059 | + | district's total program funding under the "Public School Finance Act of8 |
---|
| 3060 | + | 1994 2025", article 54 of this title TITLE 22.9 |
---|
| 3061 | + | SECTION 44. In Colorado Revised Statutes, 22-32.5-108,10 |
---|
| 3062 | + | amend (3)(a) as follows:11 |
---|
| 3063 | + | 22-32.5-108. District of innovation - waiver of statutory and12 |
---|
| 3064 | + | regulatory requirements. (3) Designation as a district of innovation13 |
---|
| 3065 | + | shall MUST not affect a school district's:14 |
---|
| 3066 | + | (a) Total program funding calculated pursuant to the "Public15 |
---|
| 3067 | + | School Finance Act of 1994 2025", article 54 of this title TITLE 22; or16 |
---|
| 3068 | + | SECTION 45. In Colorado Revised Statutes, 22-33-104.5,17 |
---|
| 3069 | + | amend (6)(a) as follows:18 |
---|
| 3070 | + | 22-33-104.5. Home-based education - guidelines - legislative19 |
---|
| 3071 | + | declaration - definitions. (6) (a) If a child is participating in a nonpublic20 |
---|
| 3072 | + | home-based educational program but also attending a public school for21 |
---|
| 3073 | + | a portion of the school day, the school district of the public school shall22 |
---|
| 3074 | + | be entitled to MAY count such THE child in accordance with the provisions23 |
---|
| 3075 | + | of section 22-54-103 (10) for purposes of determining pupil enrollment24 |
---|
| 3076 | + | under PURSUANT TO the "Public School Finance Act of 1994 2025",25 |
---|
| 3077 | + | article 54 of this title TITLE 22.26 |
---|
| 3078 | + | SECTION 46. In Colorado Revised Statutes, 22-35-105, amend27 |
---|
| 3079 | + | 1448 |
---|
| 3080 | + | -99- (2) introductory portion and (2)(a) as follows:1 |
---|
| 3081 | + | 22-35-105. Financial provisions - payment of tuition. (2) If a2 |
---|
| 3082 | + | qualified student concurrently enrolls in a course offered by an institution3 |
---|
| 3083 | + | of higher education, the institution shall be IS responsible for course4 |
---|
| 3084 | + | content, placement of the student in the course, and the quality of5 |
---|
| 3085 | + | instruction. In addition, because the qualified student is receiving6 |
---|
| 3086 | + | academic credit at his or her THE QUALIFIED STUDENT'S local education7 |
---|
| 3087 | + | provider for the course pursuant to section 22-35-104 (5):8 |
---|
| 3088 | + | (a) The qualified student shall be IS included in the funded pupil9 |
---|
| 3089 | + | count of his or her THE STUDENT'S school district or, in the case of a10 |
---|
| 3090 | + | student enrolled in an institute charter school, of the school's accounting11 |
---|
| 3091 | + | district, as determined pursuant to the provisions of section 22-54-103 (7)12 |
---|
| 3092 | + | ARTICLE 54 OF THIS TITLE 22; and13 |
---|
| 3093 | + | SECTION 47. In Colorado Revised Statutes, 22-35-108, amend14 |
---|
| 3094 | + | (3) as follows:15 |
---|
| 3095 | + | 22-35-108. Accelerating students through concurrent16 |
---|
| 3096 | + | enrollment program - objectives - non-tuition expenses - rules. (3) A17 |
---|
| 3097 | + | local education provider may include each qualified student whom the18 |
---|
| 3098 | + | local education provider designates to participate in the ASCENT19 |
---|
| 3099 | + | program pursuant to this section in the district's funded pupil count, or,20 |
---|
| 3100 | + | in the case of a qualified student enrolled in an institute charter school, in21 |
---|
| 3101 | + | the funded pupil count of the school's accounting district, as provided in22 |
---|
| 3102 | + | section 22-54-103 (7) DETERMINED PURSUANT TO ARTICLE 54 OF THIS23 |
---|
| 3103 | + | TITLE 22.24 |
---|
| 3104 | + | SECTION 48. In Colorado Revised Statutes, 22-35-108.5,25 |
---|
| 3105 | + | amend (3)(a) and (3)(b) as follows:26 |
---|
| 3106 | + | 22-35-108.5. Teacher recruitment education and preparation27 |
---|
| 3107 | + | 1448 |
---|
| 3108 | + | -100- (TREP) program - objectives - selection criteria - rules. (3) (a) The1 |
---|
| 3109 | + | local education provider that enrolls a qualified student who is designated2 |
---|
| 3110 | + | by the department as a TREP program participant may include the student3 |
---|
| 3111 | + | in the school district's funded pupil count, or, in the case of a student4 |
---|
| 3112 | + | enrolled in an institute charter school, in the funded pupil count of the5 |
---|
| 3113 | + | institute charter school's accounting district as provided in section6 |
---|
| 3114 | + | 22-54-103 (7) DETERMINED PURSUANT TO ARTICLE 54 OF THIS TITLE 22.7 |
---|
| 3115 | + | (b) A local education provider that receives extended high school8 |
---|
| 3116 | + | funding, as described in section 22-54-104 (4.7) ARTICLE 54 OF THIS TITLE9 |
---|
| 3117 | + | 22, in a budget year for program participants may expend the funding on10 |
---|
| 3118 | + | behalf of TREP program participants who enroll in an institution of11 |
---|
| 3119 | + | higher education during that budget year and on behalf of the TREP12 |
---|
| 3120 | + | program participants who, by May 1 of that budget year, are admitted to13 |
---|
| 3121 | + | an institution of higher education to participate in the TREP program14 |
---|
| 3122 | + | during the next budget year.15 |
---|
| 3123 | + | SECTION 49. In Colorado Revised Statutes, 22-35-111, amend16 |
---|
| 3124 | + | (2) as follows:17 |
---|
| 3125 | + | 22-35-111. Rules. (2) By July 1, 2020, The state board shall18 |
---|
| 3126 | + | adopt rules to specify the number of postsecondary credits in which a19 |
---|
| 3127 | + | qualified student must be concurrently enrolled to qualify for full-time20 |
---|
| 3128 | + | membership for purposes of the "Public School Finance Act of 199421 |
---|
| 3129 | + | 2025", article 54 of this title 22.22 |
---|
| 3130 | + | SECTION 50. In Colorado Revised Statutes, 22-35.3-102,23 |
---|
| 3131 | + | amend (8) as follows:24 |
---|
| 3132 | + | 22-35.3-102. Definitions. As used in this article 35.3, unless the25 |
---|
| 3133 | + | context otherwise requires:26 |
---|
| 3134 | + | (8) "Funded pupil count" has the same meaning as provided in27 |
---|
| 3135 | + | 1448 |
---|
| 3136 | + | -101- section 22-54-103 (7) MEANS THE FUNDED PUPIL COUNT AS DETERMINED1 |
---|
| 3137 | + | PURSUANT TO ARTICLE 54 OF THIS TITLE 22.2 |
---|
| 3138 | + | SECTION 51. In Colorado Revised Statutes, 22-35.3-104,3 |
---|
| 3139 | + | amend (1)(a) as follows:4 |
---|
| 3140 | + | 22-35.3-104. P-tech schools - funding. (1) (a) To calculate5 |
---|
| 3141 | + | district total program pursuant to section 22-54-104 ARTICLE 54 OF THIS6 |
---|
| 3142 | + | TITLE 22, a school district that is approved to operate a p-tech school7 |
---|
| 3143 | + | pursuant to section 22-35.3-103, including a p-tech school that is a district8 |
---|
| 3144 | + | charter school, may include the students who are enrolled in grades nine9 |
---|
| 3145 | + | through twelve in the p-tech school in the school district's pupil10 |
---|
| 3146 | + | enrollment, as defined in section 22-54-103 (10), and may include the11 |
---|
| 3147 | + | students who are enrolled in grades thirteen and fourteen in the p-tech12 |
---|
| 3148 | + | school in the school district's district extended high school pupil13 |
---|
| 3149 | + | enrollment.14 |
---|
| 3150 | + | SECTION 52. In Colorado Revised Statutes, 22-35.6-103,15 |
---|
| 3151 | + | amend (1) as follows:16 |
---|
| 3152 | + | 22-35.6-103. High school innovative learning pilot program -17 |
---|
| 3153 | + | created - rules. (1) There is created in the department the high school18 |
---|
| 3154 | + | innovative learning pilot program to authorize full-time funding for19 |
---|
| 3155 | + | students enrolled in grades nine through twelve in high schools operated20 |
---|
| 3156 | + | by selected local education providers to enable the local education21 |
---|
| 3157 | + | providers to provide innovative learning opportunities for high school22 |
---|
| 3158 | + | students to support them in successful transitions from high school to23 |
---|
| 3159 | + | postsecondary education or the workforce. The department shall24 |
---|
| 3160 | + | administer the pilot program by reviewing applications and selecting the25 |
---|
| 3161 | + | local education providers that propose an innovative learning plan that26 |
---|
| 3162 | + | meets the requirements specified in section 22-35.6-104 and is designed27 |
---|
| 3163 | + | 1448 |
---|
| 3164 | + | -102- to ensure that students enrolled in grades nine through twelve may1 |
---|
| 3165 | + | participate in innovative learning opportunities before graduation. A local2 |
---|
| 3166 | + | education provider that is selected to participate in the pilot program is3 |
---|
| 3167 | + | authorized to count students who are enrolled in grades nine through4 |
---|
| 3168 | + | twelve and are participating in innovative learning opportunities as5 |
---|
| 3169 | + | full-time pupils for purposes of the "Public School Finance Act of 19946 |
---|
| 3170 | + | 2025", article 54 of this title 22, regardless of the actual number of7 |
---|
| 3171 | + | teacher-pupil instruction hours and teacher-pupil contact hours for each8 |
---|
| 3172 | + | pupil.9 |
---|
| 3173 | + | SECTION 53. In Colorado Revised Statutes, 22-40-102, amend10 |
---|
| 3174 | + | (1.7)(a) and (6)(a) as follows:11 |
---|
| 3175 | + | 22-40-102. Certification - tax revenues - repeal. (1.7) (a) The12 |
---|
| 3176 | + | board of education of any school district, at the regular biennial election13 |
---|
| 3177 | + | for school district directors or on the dates authorized by section14 |
---|
| 3178 | + | 22-54-108 for elections for additional local property tax revenues under15 |
---|
| 3179 | + | the "Public School Finance Act of 1994 2025" shall submit to the eligible16 |
---|
| 3180 | + | electors of the district the question of whether to impose a mill levy for17 |
---|
| 3181 | + | the payment of excess transportation costs. If a majority of the votes cast18 |
---|
| 3182 | + | at any such THE election are in favor of the question, an additional mill19 |
---|
| 3183 | + | levy shall be IS levied each year, and revenues received therefrom shall20 |
---|
| 3184 | + | MUST be deposited into the transportation fund of the district created in21 |
---|
| 3185 | + | section 22-45-103 (1)(f).22 |
---|
| 3186 | + | (6) (a) Each school district, with such assistance as may be23 |
---|
| 3187 | + | required from the department of education, shall inform the county24 |
---|
| 3188 | + | treasurer for each county within the district's boundaries no later than25 |
---|
| 3189 | + | December 15 of each year of said THE district's general fund mill levy in26 |
---|
| 3190 | + | the absence of funds estimated to be received by said THE district27 |
---|
| 3191 | + | 1448 |
---|
| 3192 | + | -103- pursuant to the "Public School Finance Act of 1994 2025", article 54 of1 |
---|
| 3193 | + | this title 22, and the estimated funds to be received for the general fund2 |
---|
| 3194 | + | of the district from the state.3 |
---|
| 3195 | + | SECTION 54. In Colorado Revised Statutes, 22-43.7-201,4 |
---|
| 3196 | + | amend (4)(a)(II)(A) as follows:5 |
---|
| 3197 | + | 22-43.7-201. Full-day kindergarten facility capital6 |
---|
| 3198 | + | construction fund - creation - grants - definitions. (4) (a) As used in7 |
---|
| 3199 | + | this subsection (4), unless the context otherwise requires:8 |
---|
| 3200 | + | (II) "Equitable adjustment factor" means, with respect to both an9 |
---|
| 3201 | + | applicant and a potential applicant that does not actually apply for a grant10 |
---|
| 3202 | + | as authorized by this subsection (4), the sum of the applicant's:11 |
---|
| 3203 | + | (A) Size factor, as determined pursuant to section 22-54-10412 |
---|
| 3204 | + | (5)(b)(I.5) ARTICLE 54 OF THIS TITLE 22;13 |
---|
| 3205 | + | SECTION 55. In Colorado Revised Statutes, amend 22-52-10714 |
---|
| 3206 | + | as follows:15 |
---|
| 3207 | + | 22-52-107. Funding of second chance program. It is the intent16 |
---|
| 3208 | + | of the general assembly that, after the initial appropriation made to the17 |
---|
| 3209 | + | department of education for the fiscal year beginning July 1, 1985, The18 |
---|
| 3210 | + | responsibilities and duties specified in this article shall MUST be19 |
---|
| 3211 | + | performed by the department of education and the participating school20 |
---|
| 3212 | + | districts through the funding available pursuant to the "Public School21 |
---|
| 3213 | + | Finance Act of 1994 2025", article 54 of this title TITLE 22.22 |
---|
| 3214 | + | SECTION 56. In Colorado Revised Statutes, 22-55-102, amend23 |
---|
| 3215 | + | (14) and (18) as follows:24 |
---|
| 3216 | + | 22-55-102. Definitions. As used in this article 55, unless the25 |
---|
| 3217 | + | context otherwise requires:26 |
---|
| 3218 | + | (14) "Statewide base per pupil funding" means the amount27 |
---|
| 3219 | + | 1448 |
---|
| 3220 | + | -104- specified for each budget year in section 22-54-104 (5)(a) ARTICLE 54 OF1 |
---|
| 3221 | + | THIS TITLE 22.2 |
---|
| 3222 | + | (18) "Total program" or "total program education funding" means3 |
---|
| 3223 | + | a district's total program as determined pursuant to section 22-54-104 (1)4 |
---|
| 3224 | + | ARTICLE 54 OF THIS TITLE 22.5 |
---|
| 3225 | + | SECTION 57. In Colorado Revised Statutes, 22-55-104, amend6 |
---|
| 3226 | + | (3) introductory portion as follows:7 |
---|
| 3227 | + | 22-55-104. Procedures relating to state education fund8 |
---|
| 3228 | + | revenue estimates - legislative declaration. (3) By February 1, 2002,9 |
---|
| 3229 | + | and by each February 1 thereafter, ON OR BEFORE EACH FEBRUARY 1, the10 |
---|
| 3230 | + | staff of the legislative council STAFF OF THE GENERAL ASSEMBLY , in11 |
---|
| 3231 | + | consultation with the state auditor, the office of state planning and12 |
---|
| 3232 | + | budgeting, the state treasurer, the department of education, and the joint13 |
---|
| 3233 | + | budget committee, shall cause to be conducted a review of the model used14 |
---|
| 3234 | + | to forecast revenues in and expenditures from the fund and the spending15 |
---|
| 3235 | + | requirements of the "Public School Finance Act of 1994 2025", article 5416 |
---|
| 3236 | + | of this title TITLE 22. Copies of the review shall MUST promptly be17 |
---|
| 3237 | + | transmitted to the joint budget committee, and the office of state planning18 |
---|
| 3238 | + | and budgeting, and the education committees of the senate and the house19 |
---|
| 3239 | + | of representatives. The review shall MUST include, but need not be limited20 |
---|
| 3240 | + | to, the following:21 |
---|
| 3241 | + | SECTION 58. In Colorado Revised Statutes, 22-55-106, amend22 |
---|
| 3242 | + | (2) as follows:23 |
---|
| 3243 | + | 22-55-106. Statewide base per pupil funding - increases.24 |
---|
| 3244 | + | (2) The general assembly may annually appropriate moneys MONEY in25 |
---|
| 3245 | + | the state education fund, the general fund, any other state fund, or some26 |
---|
| 3246 | + | combination thereof, as necessary in the sole discretion of the general27 |
---|
| 3247 | + | 1448 |
---|
| 3248 | + | -105- assembly, to satisfy the requirements of subsection (1) of this section, and1 |
---|
| 3249 | + | such moneys shall THE MONEY MUST be distributed to public school2 |
---|
| 3250 | + | districts and the state charter school institute in accordance with the3 |
---|
| 3251 | + | provisions of the "Public School Finance Act of 1994 2025", article 54 of4 |
---|
| 3252 | + | this title TITLE 22.5 |
---|
| 3253 | + | SECTION 59. In Colorado Revised Statutes, 24-77-104.5,6 |
---|
| 3254 | + | amend (3)(a)(I) as follows:7 |
---|
| 3255 | + | 24-77-104.5. General fund exempt account - referendum C8 |
---|
| 3256 | + | money - specification of uses for health care and education -9 |
---|
| 3257 | + | definitions. (3) (a) Funding for preschool through twelfth grade10 |
---|
| 3258 | + | education, as used in subparagraph (II) of paragraph (b) of subsection (1)11 |
---|
| 3259 | + | SUBSECTION (1)(b)(II) of this section, shall be IS limited to funding for:12 |
---|
| 3260 | + | (I) Per-pupil funding for preschool through twelfth grade13 |
---|
| 3261 | + | education through the "Public School Finance Act of 1994 2025", article14 |
---|
| 3262 | + | 54 of title 22, C.R.S. or any successor act;15 |
---|
| 3263 | + | SECTION 60. In Colorado Revised Statutes, 25.5-10-206,16 |
---|
| 3264 | + | amend as it will become effective July 1, 2024, (7)(b) as follows:17 |
---|
| 3265 | + | 25.5-10-206. Authorized long-term services and supports -18 |
---|
| 3266 | + | conditions of funding - purchase of services and supports - adult19 |
---|
| 3267 | + | protective services data system check - boards of county20 |
---|
| 3268 | + | commissioners - appropriation. (7) (b) Each school district shall pay21 |
---|
| 3269 | + | to the case management agency purchasing programs attended by a22 |
---|
| 3270 | + | student with an intellectual and developmental disability, who is23 |
---|
| 3271 | + | domiciled in the school district and may be counted in the district's pupil24 |
---|
| 3272 | + | enrollment, an amount at least equal to the district's per pupil revenues as25 |
---|
| 3273 | + | determined pursuant to the "Public School Finance Act of 1994 2025",26 |
---|
| 3274 | + | article 54 of title 22. This subsection (7) applies to students who are less27 |
---|
| 3275 | + | 1448 |
---|
| 3276 | + | -106- than twenty-two years of age.1 |
---|
| 3277 | + | SECTION 61. In Colorado Revised Statutes, 26.5-4-202, amend2 |
---|
| 3278 | + | (2)(a)(I) as follows:3 |
---|
| 3279 | + | 26.5-4-202. Legislative declaration. (2) (a) The general4 |
---|
| 3280 | + | assembly further finds and declares that:5 |
---|
| 3281 | + | (I) In 2000, the voters approved section 17 of article IX of the6 |
---|
| 3282 | + | state constitution, which requires the general assembly to annually7 |
---|
| 3283 | + | increase, by at least the rate of inflation, the statewide base per pupil8 |
---|
| 3284 | + | funding, as defined by the "Public School Finance Act of 1994", article9 |
---|
| 3285 | + | 54 of title 22, for public education from preschool through twelfth grade;10 |
---|
| 3286 | + | SECTION 62. In Colorado Revised Statutes, 26.5-4-208, amend11 |
---|
| 3287 | + | (6)(b) as follows:12 |
---|
| 3288 | + | 26.5-4-208. Preschool provider funding - per-child rates - local13 |
---|
| 3289 | + | contribution - distribution and use of money - definitions - repeal.14 |
---|
| 3290 | + | (6) As used in this section, unless the context otherwise requires:15 |
---|
| 3291 | + | (b) "Funded pupil count" has the same meaning as provided in16 |
---|
| 3292 | + | section 22-54-103 MEANS THE FUNDED PUPIL COUNT AS DETERMINED17 |
---|
| 3293 | + | PURSUANT TO ARTICLE 54 OF TITLE 22.18 |
---|
| 3294 | + | SECTION 63. In Colorado Revised Statutes, 34-63-102, amend19 |
---|
| 3295 | + | (5.4) introductory portion and (5.4)(e)(III) as follows:20 |
---|
| 3296 | + | 34-63-102. Creation of mineral leasing fund - distribution -21 |
---|
| 3297 | + | advisory committee - local government permanent fund created -22 |
---|
| 3298 | + | transfer of money - definitions. (5.4) Except as otherwise provided in23 |
---|
| 3299 | + | subsection (5.5) of this section, on and after July 1, 2008, all moneys24 |
---|
| 3300 | + | MONEY other than bonus payments, as defined in paragraph (b) of25 |
---|
| 3301 | + | subsection (5.3) SUBSECTION (5.3)(b) of this section, credited to the26 |
---|
| 3302 | + | mineral leasing fund created in subparagraph (II) of paragraph (a) of27 |
---|
| 3303 | + | 1448 |
---|
| 3304 | + | -107- subsection (1) SUBSECTION (1)(a)(II) of this section shall MUST be1 |
---|
| 3305 | + | distributed on a quarterly basis for quarters beginning on July 1, October2 |
---|
| 3306 | + | 1, January 1, and April 1 of each state fiscal year as follows:3 |
---|
| 3307 | + | (e) (III) The executive director of the department of local affairs4 |
---|
| 3308 | + | shall make the distributions required by subparagraphs (I) and (II) of this5 |
---|
| 3309 | + | paragraph (e) SUBSECTIONS (5)(e)(I) AND (5)(e)(II) OF THIS SECTION at the6 |
---|
| 3310 | + | same time as the executive director makes distributions to counties7 |
---|
| 3311 | + | pursuant to paragraph (c) of this subsection (5.4) SUBSECTION (5.4)(c) OF8 |
---|
| 3312 | + | THIS SECTION, and the total amount of the distributions made to all school9 |
---|
| 3313 | + | districts within a single county shall MUST be in proportion to the amount10 |
---|
| 3314 | + | of the moneys MONEY distributed directly to the county pursuant to said11 |
---|
| 3315 | + | paragraph (c) SUBSECTION (5.4)(c) OF THIS SECTION. Where more than one12 |
---|
| 3316 | + | school district exists within a county, the distribution to each school13 |
---|
| 3317 | + | district shall MUST be the percentage that the most recent funded pupil14 |
---|
| 3318 | + | count, as determined pursuant to the "Public School Finance Act of 199415 |
---|
| 3319 | + | 2025", article 54 of title 22, C.R.S. for pupils enrolled in the county16 |
---|
| 3320 | + | attributable to that school district bears to the most recent total funded17 |
---|
| 3321 | + | pupil count for all pupils attributable to the county.18 |
---|
| 3322 | + | SECTION 64. In Colorado Revised Statutes, 39-5-132, amend19 |
---|
| 3323 | + | (5) as follows:20 |
---|
| 3324 | + | 39-5-132. Assessment and taxation of new construction.21 |
---|
| 3325 | + | (5) Moneys MONEY received by a school district pursuant to this section22 |
---|
| 3326 | + | shall MUST be deposited in the district's capital reserve fund and shall23 |
---|
| 3327 | + | MUST not be included in calculating the amount of revenue which THAT24 |
---|
| 3328 | + | a district is entitled to receive from the property tax levy for the general25 |
---|
| 3329 | + | fund of the district under the "Public School Finance Act of 1994 2025",26 |
---|
| 3330 | + | article 54 of title 22. C.R.S.27 |
---|
| 3331 | + | 1448 |
---|
| 3332 | + | -108- SECTION 65. In Colorado Revised Statutes, 39-10-103, amend1 |
---|
| 3333 | + | (2) as follows:2 |
---|
| 3334 | + | 39-10-103. Tax statement - repeal. (2) Each tax notice shall3 |
---|
| 3335 | + | MUST contain information regarding the actual school district general4 |
---|
| 3336 | + | fund mill levy and the school district general fund mill levy in absence of5 |
---|
| 3337 | + | funds estimated to be received by school districts pursuant to the "Public6 |
---|
| 3338 | + | School Finance Act of 1994 2025", article 54 of title 22, and the7 |
---|
| 3339 | + | estimated funds to be received for the general funds of districts from the8 |
---|
| 3340 | + | state.9 |
---|
| 3341 | + | SECTION 66. In Colorado Revised Statutes, 39-10-114, amend10 |
---|
| 3342 | + | (1)(a)(I)(B) as follows:11 |
---|
| 3343 | + | 39-10-114. Abatement - cancellation of taxes.12 |
---|
| 3344 | + | (1) (a) (I) (B) The assessor shall certify the proportional amount of the13 |
---|
| 3345 | + | total amount of abatements and refunds granted pursuant to the provisions14 |
---|
| 3346 | + | of this section to the appropriate taxing entities at the same time that AS15 |
---|
| 3347 | + | the certification of valuation for assessment is made pursuant to the16 |
---|
| 3348 | + | provisions of section 39-5-128. Any taxing entity may adjust the amount17 |
---|
| 3349 | + | of its tax levy authorized pursuant to the provisions of section 29-1-30118 |
---|
| 3350 | + | C.R.S. by an additional amount which THAT does not exceed the19 |
---|
| 3351 | + | proportional share of the total amount of abatements and refunds made20 |
---|
| 3352 | + | pursuant to the provisions of this section. After calculating the amount of21 |
---|
| 3353 | + | property tax revenues necessary to satisfy the requirements of the "Public22 |
---|
| 3354 | + | School Finance Act of 1994 2025", article 54 of title 22, C.R.S. any23 |
---|
| 3355 | + | school district shall add an amount equal to the proportional share of the24 |
---|
| 3356 | + | total amount of abatements and refunds granted pursuant to the provisions25 |
---|
| 3357 | + | of this section prior to the setting of the mill levy for such school district.26 |
---|
| 3358 | + | Any additional amount added pursuant to the provisions of this subsection27 |
---|
| 3359 | + | 1448 |
---|
| 3360 | + | -109- (1) shall MUST not be included in the total amount of revenue levied in1 |
---|
| 3361 | + | said THE year for the purposes of computing the limit for the succeeding2 |
---|
| 3362 | + | year pursuant to the provisions of section 29-1-301. C.R.S. Where WHEN3 |
---|
| 3363 | + | a final determination is made granting an abatement or refund pursuant4 |
---|
| 3364 | + | to the provisions of this section, the abatement or refund granted shall5 |
---|
| 3365 | + | MUST be payable at such time as determined by the board of county6 |
---|
| 3366 | + | commissioners after consultation with affected taxing entities but no later7 |
---|
| 3367 | + | than upon the payment of property taxes for the property tax year in8 |
---|
| 3368 | + | which said THE final determination was made. For the purposes of this9 |
---|
| 3369 | + | sub-subparagraph (B) SUBSECTION (1)(a)(I)(B), a taxing entity's10 |
---|
| 3370 | + | proportional share of the total amount of abatements and refunds granted11 |
---|
| 3371 | + | shall MUST be based upon the amount of tax levied by a taxing entity on12 |
---|
| 3372 | + | such THE real property in proportion to the total amount of tax levied on13 |
---|
| 3373 | + | such THE real property by such taxing entities.14 |
---|
| 3374 | + | SECTION 67. In Colorado Revised Statutes, 43-4-502, amend15 |
---|
| 3375 | + | (2) as follows:16 |
---|
| 3376 | + | 43-4-502. Legislative declaration. (2) It is further the intent of17 |
---|
| 3377 | + | the general assembly that no provision of this part 5 shall affect AFFECTS18 |
---|
2727 | | - | 2024-25 BUDGET YEAR X EIGHT PERCENT. |
---|
2728 | | - | (C) F |
---|
2729 | | - | OR THE 2024-25 BUDGET YEAR, THE DEPARTMENT OF |
---|
2730 | | - | EDUCATION |
---|
2731 | | - | , IN CONSULTATION WITH LEGISLATIVE COUNCIL STAFF , SHALL |
---|
2732 | | - | CALCULATE FOR EACH DISTRICT THE AMOUNT EQUAL TO THE DISTRICT |
---|
2733 | | - | 'S |
---|
2734 | | - | COST OF LIVING FACTOR PLUS THE DISTRICT |
---|
2735 | | - | 'S SIZE FACTOR FOR THE 2024-25 |
---|
2736 | | - | BUDGET YEAR CALCULATED PURSUANT TO SECTION 22-54-103.5 MULTIPLIED |
---|
2737 | | - | BY THE STATEWIDE BASE PER PUPIL FUNDING FOR THE |
---|
2738 | | - | 2024-25 BUDGET YEAR |
---|
2739 | | - | MULTIPLIED BY THE DISTRICT |
---|
2740 | | - | 'S FUNDED PUPIL COUNT FOR THE 2024-25 |
---|
2741 | | - | BUDGET YEAR EXCLUDING THE DISTRICT 'S ONLINE PUPIL ENROLLMENT AND |
---|
2742 | | - | THE DISTRICT |
---|
2743 | | - | 'S EXTENDED HIGH SCHOOL PUPIL ENROLLMENT . |
---|
2744 | | - | (D) T |
---|
2745 | | - | HE DEPARTMENT OF EDUCATION SHALL COMPARE FOR EACH |
---|
2746 | | - | DISTRICT THE AMOUNTS CALCULATED PURSUANT TO SUBSECTIONS |
---|
2747 | | - | (3)(b)(VI)(B) AND (3)(b)(VI)(C) OF THIS SECTION. IF THE AMOUNT |
---|
2748 | | - | CALCULATED PURSUANT TO SUBSECTION |
---|
2749 | | - | (3)(b)(VI)(C) OF THIS SECTION IS |
---|
2750 | | - | LESS THAN THE AMOUNT CALCULATED PURSUANT TO SUBSECTION |
---|
2751 | | - | (3)(b)(VI)(B) OF THIS SECTION, THE DEPARTMENT OF EDUCATION SHALL |
---|
2752 | | - | DETERMINE THE DOLLAR AMOUNT DIFFERENCE BETWEEN THE AMOUNTS |
---|
2753 | | - | CALCULATED PURSUANT TO SUBSECTIONS |
---|
2754 | | - | (3)(b)(VI)(B) AND (3)(b)(VI)(C) |
---|
2755 | | - | OF THIS SECTION DIVIDE THAT DOLLAR AMOUNT DIFFERENCE BY THE |
---|
2756 | | - | DISTRICT |
---|
2757 | | - | 'S TOTAL PROGRAM FOR THE 2024-25 BUDGET YEAR AND ADD THAT |
---|
2758 | | - | PERCENTAGE TO THE DISTRICT |
---|
2759 | | - | 'S MILL LEVY OVERRIDE CAP FOR THE 2023-24 |
---|
2760 | | - | BUDGET YEAR. |
---|
2761 | | - | PAGE 61-HOUSE BILL 24-1448 (E) THE DEPARTMENT OF EDUCATION SHALL MAKE DETERMINATIONS |
---|
2762 | | - | PURSUANT TO SUBSECTIONS |
---|
2763 | | - | (3)(b)(VI)(B), (3)(b)(VI)(C), AND (3)(b)(VI)(D) |
---|
2764 | | - | OF THIS SECTION AFTER IT MAKES MID -YEAR REVISIONS TO REPLACE |
---|
2765 | | - | PROJECTIONS WITH ACTUAL FIGURES WHEN DETERMINING EACH DISTRICT |
---|
2766 | | - | 'S |
---|
2767 | | - | TOTAL PROGRAM FOR THE |
---|
2768 | | - | 2024-25 BUDGET YEAR. |
---|
2769 | | - | (F) O |
---|
2770 | | - | N OR AFTER JULY 1, 2030, A DISTRICT SHALL NOT SUBMIT A |
---|
2771 | | - | QUESTION TO THE ELIGIBLE ELECTORS OF THE DISTRICT PURSUANT TO THIS |
---|
2772 | | - | SUBSECTION |
---|
2773 | | - | (3)(b)(VI). |
---|
2774 | | - | (5) As used in this section, unless the context otherwise requires: |
---|
2775 | | - | (b) "Total program", on and after July 1, 2023, means a district's or |
---|
2776 | | - | small rural district's total program calculated pursuant to section 22-54-104(2), before application of the budget stabilization factor pursuant to section |
---|
2777 | | - | 22-54-104 (5)(g) plus the amount the district or small rural district receives |
---|
2778 | | - | for students enrolled through the Colorado universal preschool program |
---|
2779 | | - | pursuant to part 2 of article 4 of title 26.5. |
---|
2780 | | - | SECTION 22. In Colorado Revised Statutes, 22-54-108.5, amend |
---|
2781 | | - | (1)(a), (1)(b), and (1)(e) as follows: |
---|
2782 | | - | 22-54-108.5. Authorization of additional local revenues for |
---|
2783 | | - | full-day kindergarten - definitions. (1) (a) Notwithstanding any law to the |
---|
2784 | | - | contrary, effective July 1, 2007, any district that chooses to raise and expend |
---|
2785 | | - | local property tax revenues in excess of the district's total program, as |
---|
2786 | | - | determined in accordance with section 22-54-104, and in addition to any |
---|
2787 | | - | property tax revenues levied pursuant to sections 22-54-107 and 22-54-108, |
---|
2788 | | - | may submit the question of whether the district should be authorized to raise |
---|
2789 | | - | and expend additional local property tax revenues, thereby authorizing an |
---|
2790 | | - | additional levy in excess of the levy authorized under sections 22-54-106, |
---|
2791 | | - | 22-54-107, and 22-54-108, to provide funding for excess full-day |
---|
2792 | | - | kindergarten program costs in the district for the then-current budget year |
---|
2793 | | - | and each budget year thereafter. The question authorized by this paragraph |
---|
2794 | | - | (a) SUBSECTION (1)(a) may also include a question of whether to impose an |
---|
2795 | | - | additional mill levy of a stated amount and limited duration to meet the |
---|
2796 | | - | initial capital construction needs of the district associated with the |
---|
2797 | | - | establishment of a full-day kindergarten program. If a mill levy for capital |
---|
2798 | | - | construction needs associated with the district's full-day kindergarten |
---|
2799 | | - | program is approved for more than one year, the board of education of the |
---|
2800 | | - | PAGE 62-HOUSE BILL 24-1448 district may, without calling an election, decrease the amount or duration of |
---|
2801 | | - | the mill levy in subsequent years. The questions authorized by this |
---|
2802 | | - | paragraph (a) shall |
---|
2803 | | - | SUBSECTION (1)(a) MUST be submitted at an election held |
---|
2804 | | - | in accordance with section 20 of article X of the state constitution and title |
---|
2805 | | - | 1. C.R.S. |
---|
2806 | | - | (b) Notwithstanding any law to the contrary, effective July 1, 2007, |
---|
2807 | | - | upon proper submittal to a district of a valid initiative petition, the district |
---|
2808 | | - | shall submit to the eligible electors of the district the question of whether |
---|
2809 | | - | the district should be authorized to raise and expend additional local |
---|
2810 | | - | property tax revenues in excess of the district's total program, as determined |
---|
2811 | | - | in accordance with section 22-54-104 and in addition to any property tax |
---|
2812 | | - | revenues levied pursuant to sections 22-54-107 and 22-54-108, thereby |
---|
2813 | | - | authorizing an additional levy in excess of the levy authorized under |
---|
2814 | | - | sections 22-54-106, 22-54-107, and 22-54-108, to provide funding for |
---|
2815 | | - | excess full-day kindergarten program costs in the district for the |
---|
2816 | | - | then-current budget year and each budget year thereafter. The question |
---|
2817 | | - | authorized by this paragraph (b) |
---|
2818 | | - | SUBSECTION (1)(b) may also include a |
---|
2819 | | - | question of whether to impose an additional mill levy of a stated amount |
---|
2820 | | - | and limited duration to meet the initial capital construction needs of the |
---|
2821 | | - | district associated with the establishment of a full-day kindergarten |
---|
2822 | | - | program. If a mill levy for capital construction needs associated with the |
---|
2823 | | - | district's full-day kindergarten program is approved for more than one year, |
---|
2824 | | - | the board of education of the district may, without calling an election, |
---|
2825 | | - | decrease the amount or duration of the mill levy in subsequent years. The |
---|
2826 | | - | questions authorized by this paragraph (b) shall |
---|
2827 | | - | SUBSECTION (1)(b) MUST be |
---|
2828 | | - | submitted at an election held in accordance with section 20 of article X of |
---|
2829 | | - | the state constitution and title 1. C.R.S. |
---|
2830 | | - | An initiative petition under this |
---|
2831 | | - | paragraph (b) shall SUBSECTION (1)(b) MUST be signed by at least five |
---|
2832 | | - | percent of the eligible electors in the district at the time the petition is filed. |
---|
2833 | | - | (e) Notwithstanding the provisions of section 20 of article X of the |
---|
2834 | | - | state constitution that allow districts to seek voter approval for spending and |
---|
2835 | | - | revenue increases, the provisions of this subsection (1) shall |
---|
2836 | | - | limit a district's |
---|
2837 | | - | authority to raise and expend local property tax revenues in excess of the |
---|
2838 | | - | district's total program. as determined in accordance with section |
---|
2839 | | - | 22-54-104. |
---|
2840 | | - | SECTION 23. In Colorado Revised Statutes, 22-54-108.7, amend |
---|
2841 | | - | (1)(a) as follows: |
---|
2842 | | - | PAGE 63-HOUSE BILL 24-1448 22-54-108.7. Authorization of additional local revenues for cash |
---|
2843 | | - | funding of capital construction, new technology, existing technology |
---|
2844 | | - | upgrade, and maintenance needs - definition. (1) (a) Notwithstanding |
---|
2845 | | - | any law to the contrary, any district that chooses to raise and expend local |
---|
2846 | | - | property tax revenue in excess of the district's total program, as determined |
---|
2847 | | - | in accordance with section 22-54-104, and in addition to any revenue |
---|
2848 | | - | generated by property tax levied pursuant to sections 22-54-106, 22-54-107, |
---|
2849 | | - | 22-54-107.5, 22-54-108, and 22-54-108.5, may submit the question of |
---|
2850 | | - | whether the district should be authorized to raise and expend additional |
---|
2851 | | - | local property tax revenue, thereby authorizing an additional levy in excess |
---|
2852 | | - | of the levy authorized under sections 22-54-106, 22-54-107, and 22-54-108, |
---|
2853 | | - | to provide ongoing cash funding for the capital construction, new |
---|
2854 | | - | technology, existing technology upgrade, and maintenance needs of the |
---|
2855 | | - | district. A question authorized by this paragraph (a) |
---|
2856 | | - | SUBSECTION (1)(a) must |
---|
2857 | | - | be submitted at an election held in accordance with section 20 of article X |
---|
2858 | | - | of the state constitution and title 1. C.R.S. |
---|
2859 | | - | SECTION 24. In Colorado Revised Statutes, 22-54-122, amend (2) |
---|
2860 | | - | as follows: |
---|
2861 | | - | 22-54-122. Small attendance center aid. (2) (a) A district meeting |
---|
2862 | | - | the eligibility requirements of subsection (1) of this section shall be IS |
---|
2863 | | - | eligible to receive aid for each small attendance center as calculated by: Multiplying the pupil enrollment of the small attendance center by an amount equal to thirty-five percent of the difference between the district per pupil funding as calculated pursuant to section 22-54-104, |
---|
2864 | | - | and the district |
---|
2865 | | - | per pupil funding, as calculated pursuant to section 22-54-104 except using |
---|
2866 | | - | the size factor calculated using the funded pupil count of the small |
---|
2867 | | - | attendance center; and then multiplying such |
---|
2868 | | - | THE amount by the percentage |
---|
2869 | | - | determined by dividing the difference between two hundred and the funded |
---|
2870 | | - | pupil count of the small attendance center by two hundred. |
---|
2871 | | - | (b) An institute charter school meeting the eligibility requirements |
---|
2872 | | - | of subsection (1.5) of this section shall be |
---|
2873 | | - | IS eligible to receive aid as a |
---|
2874 | | - | small attendance center as calculated by: Multiplying the pupil enrollment |
---|
2875 | | - | of the institute charter school by an amount equal to thirty-five percent of |
---|
2876 | | - | the difference between the district per pupil funding of the institute charter |
---|
2877 | | - | school's accounting district as calculated pursuant to section 22-54-104 |
---|
2878 | | - | and |
---|
2879 | | - | such THE district per pupil funding, as calculated pursuant to section |
---|
2880 | | - | 22-54-104, except using the size factor calculated using the pupil |
---|
2881 | | - | PAGE 64-HOUSE BILL 24-1448 enrollment of the institute charter school, and then multiplying such amount |
---|
2882 | | - | by the percentage determined by dividing the difference between two |
---|
2883 | | - | hundred and the pupil enrollment of the institute charter school by two |
---|
2884 | | - | hundred. |
---|
2885 | | - | SECTION 25. In Colorado Revised Statutes, 22-54-129, amend |
---|
2886 | | - | (1)(g) as follows: |
---|
2887 | | - | 22-54-129. Facility school funding - legislative declaration - |
---|
2888 | | - | definitions. (1) As used in this section, unless the context otherwise |
---|
2889 | | - | requires: |
---|
2890 | | - | (g) "Statewide base per pupil funding" means the amount annually |
---|
2891 | | - | specified in section 22-54-104 (5)(a) |
---|
2892 | | - | THIS ARTICLE 54. |
---|
2893 | | - | SECTION 26. In Colorado Revised Statutes, 19-1-115.5, amend |
---|
2894 | | - | (1)(a)(I) as follows: |
---|
2895 | | - | 19-1-115.5. Placement of children out of home - legislative |
---|
2896 | | - | declaration. (1) (a) (I) The general assembly hereby finds that the number |
---|
2897 | | - | of children in out-of-home placement has increased significantly. The |
---|
2898 | | - | general assembly further finds that the facility in which a child is placed out |
---|
2899 | | - | of home is often not located in the same school district as the child's school |
---|
2900 | | - | district of residence. Nevertheless, the general assembly finds that, under |
---|
2901 | | - | the provisions of PURSUANT TO the "Public School Finance Act of 1994 |
---|
2902 | | - | 2025", article 54 of title 22, C.R.S. children in foster home placement are |
---|
2903 | | - | considered residents of the school district in which the foster home is |
---|
2904 | | - | located. Accordingly, the school district in which the child is placed must |
---|
2905 | | - | accommodate the child and provide the child with the necessary educational |
---|
2906 | | - | services that serve the child's best interests while absorbing the costs |
---|
2907 | | - | associated with such services within the constraints of the school district's |
---|
2908 | | - | existing budget. The general assembly finds that in many circumstances it |
---|
2909 | | - | is not possible to meet the best interests of the child in out-of-home |
---|
2910 | | - | placement and the needs of other children enrolled in the school district |
---|
2911 | | - | within the confines of the district's budget. |
---|
2912 | | - | SECTION 27. In Colorado Revised Statutes, 22-1-122, amend |
---|
2913 | | - | (6)(b) as follows: |
---|
2914 | | - | 22-1-122. Transportation token program - legislative declaration |
---|
2915 | | - | PAGE 65-HOUSE BILL 24-1448 - eligibility - fund. (6) (b) So long as IF an eligible student is enrolled |
---|
2916 | | - | before the pupil enrollment count day, the parent or legal guardian of an |
---|
2917 | | - | eligible student may choose to enroll the eligible student in and transport the |
---|
2918 | | - | eligible student to a public school in another school district that has |
---|
2919 | | - | available space. Such |
---|
2920 | | - | THE school district shall enroll the eligible student |
---|
2921 | | - | and include the eligible student in the district's pupil enrollment for |
---|
2922 | | - | purposes of the "Public School Finance Act of 1994 |
---|
2923 | | - | 2025". |
---|
2924 | | - | SECTION 28. In Colorado Revised Statutes, 22-2-117, amend |
---|
2925 | | - | (1)(b)(I) and (1)(d) as follows: |
---|
2926 | | - | 22-2-117. Additional power - state board - waiver of |
---|
2927 | | - | requirements - rules. (1) (b) The state board shall not waive any of the |
---|
2928 | | - | requirements specified in any of the following statutory provisions: |
---|
2929 | | - | (I) The "Public School Finance Act of 1994 2025", article 54 of this |
---|
2930 | | - | title TITLE 22; |
---|
2931 | | - | (d) In addition to any requirements for a waiver application that are |
---|
2932 | | - | specified in this subsection (1), any application submitted by a school |
---|
2933 | | - | district that has a funded pupil count, as defined in section 22-54-103 (7) |
---|
2934 | | - | DETERMINED PURSUANT TO ARTICLE 54 OF THIS TITLE 22, of three thousand |
---|
2935 | | - | or more pupils shall demonstrate that such THE application has the consent |
---|
2936 | | - | of a majority of the appropriate accountability committee, a majority of the |
---|
2937 | | - | affected licensed administrators, and a majority of the teachers of the |
---|
2938 | | - | affected school or district. |
---|
2939 | | - | SECTION 29. In Colorado Revised Statutes, 22-30-105, amend (1) |
---|
2940 | | - | introductory portion and (1)(b) as follows: |
---|
2941 | | - | 22-30-105. Activation of the school district organization |
---|
2942 | | - | planning process. (1) The appointment of a school organization planning |
---|
2943 | | - | committee charged to study school district organization shall |
---|
2944 | | - | MUST occur |
---|
2945 | | - | when the commissioner is notified that any of the following conditions |
---|
2946 | | - | exist: |
---|
2947 | | - | (b) A petition committee, as defined in section 22-30-103 (10), |
---|
2948 | | - | presents a petition to the commissioner and to the county clerk and recorder |
---|
2949 | | - | of each county in which the headquarters of a school district that will be |
---|
2950 | | - | affected by the actions of a planning committee are located requesting the |
---|
2951 | | - | PAGE 66-HOUSE BILL 24-1448 appointment of a school organization planning committee. Such THE |
---|
2952 | | - | petition shall MUST contain a statement indicating the school districts to be |
---|
2953 | | - | involved. If only one school district is involved, the petition shall MUST be |
---|
2954 | | - | signed by fifteen percent of that school district's eligible electors. If multiple |
---|
2955 | | - | school districts are involved, the petition shall |
---|
2956 | | - | MUST be signed by fifteen |
---|
2957 | | - | percent of the eligible electors in each involved school district; except that, |
---|
2958 | | - | if the petition requests only consideration of detachment and annexation, the |
---|
2959 | | - | petition shall |
---|
2960 | | - | MUST be signed by twenty-five percent of the eligible electors |
---|
2961 | | - | residing in the area to be detached and annexed. If multiple school districts |
---|
2962 | | - | are involved, the petition does not request consideration of a detachment |
---|
2963 | | - | and annexation, and the pupil enrollment of a school district for purposes |
---|
2964 | | - | of the "Public School Finance Act of 1994 |
---|
2965 | | - | 2025" is greater than thirty |
---|
2966 | | - | thousand pupils, the petition shall MUST be signed by five percent of the |
---|
2967 | | - | eligible electors in that school district. Such petitions shall be A PETITION |
---|
2968 | | - | IS |
---|
2969 | | - | deemed sufficient by the county clerk and recorder in the county of each |
---|
2970 | | - | involved school district. Only one such |
---|
2971 | | - | petition may be presented to the |
---|
2972 | | - | commissioner and the county clerk and recorder in the county of each |
---|
2973 | | - | involved school district in any three consecutive calendar years. |
---|
2974 | | - | SECTION 30. In Colorado Revised Statutes, 22-30-114, amend |
---|
2975 | | - | (1)(k) as follows: |
---|
2976 | | - | 22-30-114. Requirements for plan of organization. (1) The plan |
---|
2977 | | - | of organization must include, but need not be limited to, consideration of |
---|
2978 | | - | the following: |
---|
2979 | | - | (k) If the plan of organization results in the creation of a new school |
---|
2980 | | - | district, a source of operating funds to be used by the new school district |
---|
2981 | | - | prior to receiving the state share of the total district program pursuant to the |
---|
2982 | | - | "Public School Finance Act of 1994 |
---|
2983 | | - | 2025", article 54 of this title TITLE 22, |
---|
2984 | | - | on July 1 of the new school district's first budget year. |
---|
2985 | | - | SECTION 31. In Colorado Revised Statutes, amend 22-30-120.5 |
---|
2986 | | - | as follows: |
---|
2987 | | - | 22-30-120.5. Effective date for purposes of school finance. |
---|
2988 | | - | Notwithstanding the provisions of section 22-30-120, for purposes of |
---|
2989 | | - | determining funding under PURSUANT TO the "Public School Finance Act |
---|
2990 | | - | of 1994 2025", article 54 of this title TITLE 22, any plan of organization |
---|
2991 | | - | approved at a special school district organization election shall MUST take |
---|
2992 | | - | PAGE 67-HOUSE BILL 24-1448 effect on the next July 1 following certification of the election results. |
---|
2993 | | - | SECTION 32. In Colorado Revised Statutes, 22-30-129, amend (7) |
---|
2994 | | - | as follows: |
---|
2995 | | - | 22-30-129. Dissolution and annexation - exemptions from the |
---|
2996 | | - | school district organization planning process. (7) The dissolution and |
---|
2997 | | - | annexation of a school district is effective for all purposes on the date |
---|
2998 | | - | specified in the final plan of organization; except that, for purposes of |
---|
2999 | | - | determining funding pursuant to the "Public School Finance Act of 1994 |
---|
3000 | | - | 2025", article 54 of this title 22, a final plan of organization approved by the affected local school boards pursuant to this section takes effect on the next July 1 following submission of the map and legal description of the annexing school districts to the commissioner pursuant to subsection (6) of this section. The annexing school districts continue as bodies corporate in the same manner as before approval of the organization plan. |
---|
3001 | | - | SECTION 33. In Colorado Revised Statutes, 22-30.5-103, amend |
---|
3002 | | - | (6.5) as follows: |
---|
3003 | | - | 22-30.5-103. Definitions. As used in this part 1, unless the context |
---|
3004 | | - | otherwise requires: |
---|
3005 | | - | (6.5) "Private school" means a primary or secondary educational |
---|
3006 | | - | institution for students in kindergarten through twelfth grade or any portion |
---|
3007 | | - | thereof that may or may not have attained nonprofit status, that does not |
---|
3008 | | - | receive state funding through the "Public School Finance Act of 1994 |
---|
3009 | | - | 2025", article 54 of this title TITLE 22, and that is supported in whole or in |
---|
3010 | | - | part by tuition payments or private donations. |
---|
3011 | | - | SECTION 34. In Colorado Revised Statutes, 22-30.5-104, amend |
---|
3012 | | - | (6)(a) and (6)(c)(IV) as follows: |
---|
3013 | | - | 22-30.5-104. Charter school - requirements - authority - rules - |
---|
3014 | | - | definitions. (6) (a) Pursuant to contract, a charter school may operate free |
---|
3015 | | - | from specified school district policies and free from state rules as provided |
---|
3016 | | - | in paragraph (b) of this subsection (6) PURSUANT TO SUBSECTION (6)(b) OF |
---|
3017 | | - | THIS SECTION |
---|
3018 | | - | . Pursuant to contract, a local board of education may waive |
---|
3019 | | - | locally imposed school district requirements, without seeking approval of |
---|
3020 | | - | the state board; except that a charter school shall not, by contract or |
---|
3021 | | - | PAGE 68-HOUSE BILL 24-1448 otherwise, operate free of the requirements contained in the "Public School |
---|
3022 | | - | Finance Act of 1994 2025", article 54 of this title TITLE 22, the requirements |
---|
3023 | | - | specified in part 4 of article 11 of this title TITLE 22 concerning school |
---|
3024 | | - | accountability committees, or the requirements contained in the "Children's |
---|
3025 | | - | Internet Protection Act", article 87 of this title |
---|
3026 | | - | TITLE 22. |
---|
3027 | | - | (c) A school district, on behalf of a charter school, may apply to the |
---|
3028 | | - | state board for a waiver of a state statute or state rule that is not an |
---|
3029 | | - | automatic waiver. Notwithstanding any provision of this subsection (6) to |
---|
3030 | | - | the contrary, the state board may not waive any statute or rule relating to: |
---|
3031 | | - | (IV) The "Public School Finance Act of 1994 |
---|
3032 | | - | 2025", article 54 of |
---|
3033 | | - | this title 22; |
---|
3034 | | - | SECTION 35. In Colorado Revised Statutes, 22-30.5-112, amend |
---|
3035 | | - | (1)(a)(II), (2)(a.5)(II), (2)(a.5)(II.5), and (2)(e)(II)(B) as follows: |
---|
3036 | | - | 22-30.5-112. Charter schools - financing - guidelines - |
---|
3037 | | - | definitions. (1) (a) (II) On and after July 1, 2023, For purposes of the |
---|
3038 | | - | "Public School Finance Act of 1994 2025", article 54 of this title 22, pupils |
---|
3039 | | - | enrolled in a charter school are included in the pupil enrollment or the |
---|
3040 | | - | online pupil enrollment, whichever is applicable, of the school district that |
---|
3041 | | - | granted its charter. The school district that granted its charter shall report to |
---|
3042 | | - | the department the number of pupils included in the school district's pupil |
---|
3043 | | - | enrollment and the school district's online pupil enrollment that are actually |
---|
3044 | | - | enrolled in each charter school. |
---|
3045 | | - | (2) (a.5) As used in this subsection (2): |
---|
3046 | | - | (II) "District per pupil revenues" means the district's total program |
---|
3047 | | - | as defined in section 22-54-103 (6) for any budget year divided by the |
---|
3048 | | - | district's funded pupil count as defined in section 22-54-103 (7) for said |
---|
3049 | | - | DETERMINED BY ARTICLE 54 OF THIS TITLE 22 FOR THE APPLICABLE budget |
---|
3050 | | - | year. |
---|
3051 | | - | (II.5) "District per pupil online funding" means a school district's |
---|
3052 | | - | online funding, as specified in section 22-54-104 (4.5) DETERMINED BY |
---|
3053 | | - | ARTICLE |
---|
3054 | | - | 54 OF THIS TITLE 22, divided by the district's online pupil |
---|
3055 | | - | enrollment for any budget year. |
---|
3056 | | - | PAGE 69-HOUSE BILL 24-1448 (2) (e) (II) (B) Notwithstanding the provisions of subsection |
---|
3057 | | - | (2)(e)(II)(A) of this section, to the contrary if the general assembly amends |
---|
3058 | | - | the "Public School Finance Act of 1994 2025", article 54 of this title 22, to |
---|
3059 | | - | count a student enrolled in kindergarten only as a half-day pupil, with or |
---|
3060 | | - | without the addition of supplemental kindergarten enrollment as defined in |
---|
3061 | | - | section 22-54-103 (15) for purposes of calculating the funded pupil count |
---|
3062 | | - | as defined in section 22-54-103 (7) |
---|
3063 | | - | DETERMINED BY ARTICLE 54 OF THIS |
---|
3064 | | - | TITLE |
---|
3065 | | - | 22, a charter school may charge the student's parents tuition or a fee |
---|
3066 | | - | for the portion of the school day for which it does not receive funding for |
---|
3067 | | - | the student pursuant to the "Public School Finance Act of 1994 |
---|
3068 | | - | 2025"; |
---|
3069 | | - | except that the amount of tuition or fee charged shall MUST not exceed the |
---|
3070 | | - | amount of tuition or fee that the charter school charged to attend a full-day |
---|
3071 | | - | kindergarten educational program for the 2018-19 budget year, adjusted for |
---|
3072 | | - | inflation and prorated by the percentage of the school day for which the |
---|
3073 | | - | student is no longer funded by the "Public School Finance Act of 1994 |
---|
3074 | | - | 2025". As used in this subsection (2)(e)(II)(B), "inflation" means the annual percentage change in the United States department of labor bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable successor index. |
---|
3075 | | - | SECTION 36. In Colorado Revised Statutes, 22-30.5-112.1, amend |
---|
3076 | | - | (1)(b), (1)(g), (1)(i), and (1)(j.2) as follows: |
---|
3077 | | - | 22-30.5-112.1. Charter schools - exclusive jurisdiction districts |
---|
3078 | | - | - authorized on or after July 1, 2004 - financing - definitions. (1) As |
---|
3079 | | - | used in this section, unless the context otherwise requires: |
---|
3080 | | - | (b) "At-risk funding" means the amount of funding determined in |
---|
3081 | | - | accordance with the formulas described in section 22-54-104 (4) |
---|
3082 | | - | APPLICABLE AT-RISK FUNDING FORMULA PURSUANT TO ARTICLE 54 OF THIS |
---|
3083 | | - | TITLE |
---|
3084 | | - | 22. |
---|
3085 | | - | (g) "District funded pupil count" shall have the same meaning asprovided in section 22-54-103 (7) MEANS THE FUNDED PUPIL COUNT |
---|
3086 | | - | DETERMINED PURSUANT TO ARTICLE |
---|
3087 | | - | 54 OF THIS TITLE 22. |
---|
3088 | | - | (i) "District per pupil online funding" means a school district's |
---|
3089 | | - | online funding, as specified in section 22-54-104 (4.5) |
---|
3090 | | - | AS DETERMINED IN |
---|
3091 | | - | ARTICLE |
---|
3092 | | - | 54 OF THIS TITLE 22, divided by the district's online pupil |
---|
3093 | | - | enrollment for any budget year. |
---|
3094 | | - | PAGE 70-HOUSE BILL 24-1448 (j.2) "English language learner funding" means the amount of |
---|
3095 | | - | funding determined in accordance with the formula described in section |
---|
3096 | | - | 22-54-104 (4.3) APPLICABLE ENGLISH LANGUAGE LEARNER FUNDING |
---|
3097 | | - | FORMULA PURSUANT TO ARTICLE |
---|
3098 | | - | 54 OF THIS TITLE 22. |
---|
3099 | | - | SECTION 37. In Colorado Revised Statutes, 22-30.5-507, amend |
---|
3100 | | - | (7)(b)(IV) as follows: |
---|
3101 | | - | 22-30.5-507. Institute charter school - requirements - authority |
---|
3102 | | - | - rules - definitions. (7) (b) An institute charter school may apply to the |
---|
3103 | | - | state board, through the institute, for a waiver of state statutes and state |
---|
3104 | | - | rules that are not automatic waivers. The state board may waive state |
---|
3105 | | - | statutory requirements or rules promulgated by the state board; except that |
---|
3106 | | - | the state board may not waive any statute or rule relating to: |
---|
3107 | | - | (IV) The provisions of the "Public School Finance Act of 1994 |
---|
3108 | | - | 2025", article 54 of this title 22; |
---|
3109 | | - | SECTION 38. In Colorado Revised Statutes, 22-30.5-513, amend |
---|
3110 | | - | (1)(c), (1)(d.2), (1)(e), (1)(g), (2)(e)(II), and (3)(b) as follows: |
---|
3111 | | - | 22-30.5-513. Institute charter schools - funding - at-risk |
---|
3112 | | - | supplemental aid - legislative declaration - definitions. (1) As used in |
---|
3113 | | - | this section, unless the context otherwise requires: |
---|
3114 | | - | (c) "Accounting district's at-risk funding" means the amount of |
---|
3115 | | - | funding for at-risk pupils in the accounting district determined in |
---|
3116 | | - | accordance with the formulas |
---|
3117 | | - | APPLICABLE AT-RISK FUNDING FORMULA |
---|
3118 | | - | described in section 22-54-104 (4) PURSUANT TO ARTICLE 54 OF THIS TITLE |
---|
3119 | | - | 22. |
---|
3120 | | - | (d.2) "Accounting district's English language learner funding" |
---|
3121 | | - | means the amount of funding for English language learner pupils in the |
---|
3122 | | - | accounting district determined in accordance with the |
---|
3123 | | - | APPLICABLE ENGLISH |
---|
3124 | | - | LANGUAGE LEARNER FUNDING |
---|
3125 | | - | formula described in section 22-54-104 (4.3) |
---|
3126 | | - | PURSUANT TO ARTICLE 54 OF THIS TITLE 22. |
---|
3127 | | - | (e) "Accounting district's funded pupil count" shall have the same |
---|
3128 | | - | meaning as the term "district funded pupil count" defined in section |
---|
3129 | | - | 22-54-103 (7) MEANS THE FUNDED PUPIL COUNT DETERMINED PURSUANT TO |
---|
3130 | | - | PAGE 71-HOUSE BILL 24-1448 ARTICLE 54 OF THIS TITLE 22. |
---|
3131 | | - | (g) "Accounting district's per pupil online funding" means |
---|
3132 | | - | THE |
---|
3133 | | - | online funding as specified in section 22-54-104 (4.5), |
---|
3134 | | - | FORMULA DESCRIBED |
---|
3135 | | - | PURSUANT TO ARTICLE |
---|
3136 | | - | 54 OF THIS TITLE 22 for any budget year divided by |
---|
3137 | | - | the online pupil enrollment. |
---|
3138 | | - | (2) (e) (II) Notwithstanding the provisions of subsection (2)(e)(I) of |
---|
3139 | | - | this section to the contrary, if the general assembly amends the "Public |
---|
3140 | | - | School Finance Act of 1994 |
---|
3141 | | - | 2025", article 54 of this title 22, to count a |
---|
3142 | | - | student enrolled in kindergarten only as a half-day pupil, with or without the |
---|
3143 | | - | addition of supplemental kindergarten enrollment as defined in section |
---|
3144 | | - | 22-54-103 (15) for purposes of calculating the funded pupil count as |
---|
3145 | | - | defined in section 22-54-103 (7) |
---|
3146 | | - | DETERMINED PURSUANT TO ARTICLE 54 OF |
---|
3147 | | - | THIS TITLE |
---|
3148 | | - | 22, an institute charter school may charge the student's parents |
---|
3149 | | - | tuition or a fee for the portion of the school day for which it does not |
---|
3150 | | - | receive funding for the student pursuant to the "Public School Finance Act |
---|
3151 | | - | of 1994 |
---|
3152 | | - | 2025"; except that the amount of tuition or fee charged shall MUST |
---|
3153 | | - | not exceed the amount of tuition or fee that the institute charter school |
---|
3154 | | - | charged to attend a full-day kindergarten educational program for the |
---|
3155 | | - | 2018-19 budget year, adjusted for inflation and prorated by the percentage |
---|
3156 | | - | of the school day for which the student is no longer funded by the "Public |
---|
3157 | | - | School Finance Act of 1994 |
---|
3158 | | - | 2025". As used in this subsection (2)(e)(II), |
---|
3159 | | - | "inflation" means the annual percentage change in the United States |
---|
3160 | | - | department of labor bureau of labor statistics consumer price index for |
---|
3161 | | - | Denver-Aurora-Lakewood for all items paid by all urban consumers, or its |
---|
3162 | | - | applicable successor index. |
---|
3163 | | - | (3) (b) For purposes of the "Public School Finance Act of 1994 |
---|
3164 | | - | 2025", article 54 of this title TITLE 22, the department shall add the pupils |
---|
3165 | | - | enrolled in an institute charter school to the funded pupil count and the |
---|
3166 | | - | online pupil enrollment of the institute charter school's accounting district. |
---|
3167 | | - | SECTION 39. In Colorado Revised Statutes, 22-30.5-513.1, amend |
---|
3168 | | - | (2)(b) as follows: |
---|
3169 | | - | 22-30.5-513.1. Mill levy equalization - fund created - legislative |
---|
3170 | | - | declaration - definitions. (2) (b) The institute shall annually distribute the |
---|
3171 | | - | money appropriated or transferred to the fund to the institute charter schools |
---|
3172 | | - | on an equal per-pupil basis; except that, in any budget year, an institute |
---|
3173 | | - | PAGE 72-HOUSE BILL 24-1448 charter school shall MUST not receive a per pupil amount that is greater than |
---|
3174 | | - | the total amount of additional mill levy revenue, as defined in section |
---|
3175 | | - | 22-32-108.5, that the accounting district for the institute charter school is |
---|
3176 | | - | authorized to collect, divided by the funded pupil count, as defined in |
---|
3177 | | - | section 22-54-103 DETERMINED PURSUANT TO ARTICLE 54 OF THIS TITLE 22, |
---|
3178 | | - | of the accounting district for the applicable budget year. The money |
---|
3179 | | - | distributed pursuant to this section is in addition to money distributed to |
---|
3180 | | - | institute charter schools pursuant to section 22-30.5-513. The institute has |
---|
3181 | | - | continuous spending authority over all interest and income in the fund. |
---|
3182 | | - | SECTION 40. In Colorado Revised Statutes, 22-30.7-107, amend |
---|
3183 | | - | (2) introductory portion and (2)(b) as follows: |
---|
3184 | | - | 22-30.7-107. Funding. (2) For the 2008-09 budget year, and for |
---|
3185 | | - | each budget year thereafter, For purposes of determining total program |
---|
3186 | | - | funding pursuant to article 54 of this title TITLE 22: |
---|
3187 | | - | (b) (I) A school district that is providing a multi-district online |
---|
3188 | | - | school, or a school district in which a district charter school is providing a |
---|
3189 | | - | multi-district online school, shall include each student who is enrolled in the |
---|
3190 | | - | multi-district online school as of the pupil enrollment count day of the |
---|
3191 | | - | applicable budget year in the school district's online pupil enrollment for the |
---|
3192 | | - | applicable budget year and shall |
---|
3193 | | - | MUST receive online funding as specified |
---|
3194 | | - | in section 22-54-104 (4.5) ARTICLE 54 OF THIS TITLE 22. |
---|
3195 | | - | (II) An institute charter school that is providing a multi-district |
---|
3196 | | - | online school shall include each student who is enrolled in the multi-district |
---|
3197 | | - | online school as of the pupil enrollment count day of the applicable budget |
---|
3198 | | - | year in the institute charter school's online enrollment for the applicable |
---|
3199 | | - | budget year and shall |
---|
3200 | | - | MUST receive online funding as specified in section |
---|
3201 | | - | 22-54-104 (4.5) ARTICLE 54 OF THIS TITLE 22. |
---|
3202 | | - | SECTION 41. In Colorado Revised Statutes, 22-32-108.5, amend |
---|
3203 | | - | (2)(g) as follows: |
---|
3204 | | - | 22-32-108.5. Board of education - distribution of additional mill |
---|
3205 | | - | levy revenue - legislative declaration - definitions. (2) As used in this |
---|
3206 | | - | section, unless the context otherwise requires: |
---|
3207 | | - | (g) "Per pupil mill levy share" means an amount equal to the total |
---|
3208 | | - | PAGE 73-HOUSE BILL 24-1448 amount of additional mill levy revenue that a participating school district |
---|
3209 | | - | collects for a budget year divided by the school district's funded pupil count, |
---|
3210 | | - | as defined in section 22-54-103 |
---|
3211 | | - | DETERMINED PURSUANT TO ARTICLE 54 OF |
---|
3212 | | - | THIS TITLE |
---|
3213 | | - | 22, for that budget year. |
---|
3214 | | - | SECTION 42. In Colorado Revised Statutes, 22-32-119, amend |
---|
3215 | | - | (1)(b) as follows: |
---|
3216 | | - | 22-32-119. Kindergartens - definition. (1) (b) Notwithstanding the |
---|
3217 | | - | provisions of subsection (1)(a) of this section to the contrary, if the general |
---|
3218 | | - | assembly amends the "Public School Finance Act of 1994 |
---|
3219 | | - | 2025", article 54 |
---|
3220 | | - | of this title 22, to count a student enrolled in kindergarten only as a half-day |
---|
3221 | | - | pupil, with or without the addition of supplemental kindergarten enrollment |
---|
3222 | | - | as defined in section 22-54-103 (15) for purposes of calculating the funded |
---|
3223 | | - | pupil count as defined in section 22-54-103 (7) |
---|
3224 | | - | DETERMINED PURSUANT TO |
---|
3225 | | - | ARTICLE |
---|
3226 | | - | 54 OF THIS TITLE 22, a school district may charge the student's |
---|
3227 | | - | parents tuition or a fee for the portion of the school day for which it does |
---|
3228 | | - | not receive funding for the student pursuant to the "Public School Finance |
---|
3229 | | - | Act of 1994 |
---|
3230 | | - | 2025"; except that the amount of tuition or fee charged shall |
---|
3231 | | - | MUST not exceed the amount of tuition or fee that the school district charged |
---|
3232 | | - | to attend a full-day kindergarten educational program for the 2018-19 |
---|
3233 | | - | budget year, adjusted for inflation and prorated by the percentage of the |
---|
3234 | | - | school day for which the student is no longer funded by the "Public School |
---|
3235 | | - | Finance Act of 1994 |
---|
3236 | | - | 2025". As used in this subsection (1)(b), "inflation" |
---|
3237 | | - | means the annual percentage change in the United States department of |
---|
3238 | | - | labor bureau of labor statistics consumer price index for |
---|
3239 | | - | Denver-Aurora-Lakewood for all items paid by all urban consumers, or its |
---|
3240 | | - | applicable successor index. |
---|
3241 | | - | SECTION 43. In Colorado Revised Statutes, 22-32-141, amend |
---|
3242 | | - | (4)(a) as follows: |
---|
3243 | | - | 22-32-141. Student awaiting trial as adult - educational services |
---|
3244 | | - | - definitions. (4) (a) In any budget year in which a school district is |
---|
3245 | | - | providing educational services to a juvenile pursuant to this section on the |
---|
3246 | | - | pupil enrollment count day of said |
---|
3247 | | - | THE budget year, the school district may |
---|
3248 | | - | include the juvenile in its pupil enrollment, as defined in section 22-54-103 |
---|
3249 | | - | (10), for purposes of determining the school district's total program funding |
---|
3250 | | - | under the "Public School Finance Act of 1994 |
---|
3251 | | - | 2025", article 54 of this title |
---|
3252 | | - | TITLE 22. |
---|
3253 | | - | PAGE 74-HOUSE BILL 24-1448 SECTION 44. In Colorado Revised Statutes, 22-32.5-108, amend |
---|
3254 | | - | (3) introductory portion and (3)(a) as follows: |
---|
3255 | | - | 22-32.5-108. District of innovation - waiver of statutory and |
---|
3256 | | - | regulatory requirements. (3) Designation as a district of innovation shall |
---|
3257 | | - | MUST not affect a school district's: |
---|
3258 | | - | (a) Total program funding calculated pursuant to the "Public School |
---|
3259 | | - | Finance Act of 1994 2025", article 54 of this title TITLE 22; or |
---|
3260 | | - | SECTION 45. In Colorado Revised Statutes, 22-33-104.5, amend |
---|
3261 | | - | (6)(a) as follows: |
---|
3262 | | - | 22-33-104.5. Home-based education - guidelines - legislative |
---|
3263 | | - | declaration - definitions. (6) (a) If a child is participating in a nonpublic |
---|
3264 | | - | home-based educational program but also attending a public school for a |
---|
3265 | | - | portion of the school day, the school district of the public school shall be |
---|
3266 | | - | entitled to MAY count such THE child in accordance with the provisions of |
---|
3267 | | - | section 22-54-103 (10) for purposes of determining pupil enrollment under |
---|
3268 | | - | PURSUANT TO the "Public School Finance Act of 1994 2025", article 54 of |
---|
3269 | | - | this title TITLE 22. |
---|
3270 | | - | SECTION 46. In Colorado Revised Statutes, 22-35-105, amend (2) |
---|
3271 | | - | introductory portion and (2)(a) as follows: |
---|
3272 | | - | 22-35-105. Financial provisions - payment of tuition. (2) If a |
---|
3273 | | - | qualified student concurrently enrolls in a course offered by an institution |
---|
3274 | | - | of higher education, the institution shall be |
---|
3275 | | - | IS responsible for course |
---|
3276 | | - | content, placement of the student in the course, and the quality of |
---|
3277 | | - | instruction. In addition, because the qualified student is receiving academic |
---|
3278 | | - | credit at his or her |
---|
3279 | | - | THE QUALIFIED STUDENT'S local education provider for |
---|
3280 | | - | the course pursuant to section 22-35-104 (5): |
---|
3281 | | - | (a) The qualified student shall be IS included in the funded pupil |
---|
3282 | | - | count of his or her THE STUDENT'S school district or, in the case of a student |
---|
3283 | | - | enrolled in an institute charter school, of the school's accounting district, as |
---|
3284 | | - | determined pursuant to the provisions of section 22-54-103 (7) |
---|
3285 | | - | ARTICLE 54 |
---|
3286 | | - | OF THIS TITLE 22; and |
---|
3287 | | - | SECTION 47. In Colorado Revised Statutes, 22-35-108, amend (3) |
---|
3288 | | - | PAGE 75-HOUSE BILL 24-1448 as follows: |
---|
3289 | | - | 22-35-108. Accelerating students through concurrent enrollment |
---|
3290 | | - | program - objectives - non-tuition expenses - rules. (3) A local education |
---|
3291 | | - | provider may include each qualified student whom the local education |
---|
3292 | | - | provider designates to participate in the ASCENT program pursuant to this |
---|
3293 | | - | section in the district's funded pupil count, or, in the case of a qualified |
---|
3294 | | - | student enrolled in an institute charter school, in the funded pupil count of |
---|
3295 | | - | the school's accounting district, as provided in section 22-54-103 (7) |
---|
3296 | | - | DETERMINED PURSUANT TO ARTICLE 54 OF THIS TITLE 22. |
---|
3297 | | - | SECTION 48. In Colorado Revised Statutes, 22-35-108.5, amend |
---|
3298 | | - | (3)(a) and (3)(b) as follows: |
---|
3299 | | - | 22-35-108.5. Teacher recruitment education and preparation |
---|
3300 | | - | (TREP) program - objectives - selection criteria - rules. (3) (a) The local |
---|
3301 | | - | education provider that enrolls a qualified student who is designated by the |
---|
3302 | | - | department as a TREP program participant may include the student in the |
---|
3303 | | - | school district's funded pupil count, or, in the case of a student enrolled in |
---|
3304 | | - | an institute charter school, in the funded pupil count of the institute charter |
---|
3305 | | - | school's accounting district as provided in section 22-54-103 (7) |
---|
3306 | | - | DETERMINED PURSUANT TO ARTICLE 54 OF THIS TITLE 22. |
---|
3307 | | - | (b) A local education provider that receives extended high school |
---|
3308 | | - | funding, as described in section 22-54-104 (4.7) ARTICLE 54 OF THIS TITLE |
---|
3309 | | - | 22, in a budget year for program participants may expend the funding on behalf of TREP program participants who enroll in an institution of higher education during that budget year and on behalf of the TREP program participants who, by May 1 of that budget year, are admitted to an |
---|
3310 | | - | institution of higher education to participate in the TREP program during |
---|
3311 | | - | the next budget year. |
---|
3312 | | - | SECTION 49. In Colorado Revised Statutes, 22-35-111, amend (2) |
---|
3313 | | - | as follows: |
---|
3314 | | - | 22-35-111. Rules. (2) By July 1, 2020, |
---|
3315 | | - | The state board shall adopt |
---|
3316 | | - | rules to specify the number of postsecondary credits in which a qualified |
---|
3317 | | - | student must be concurrently enrolled to qualify for full-time membership |
---|
3318 | | - | for purposes of the "Public School Finance Act of 1994 |
---|
3319 | | - | 2025", article 54 of |
---|
3320 | | - | this title 22. |
---|
3321 | | - | PAGE 76-HOUSE BILL 24-1448 SECTION 50. In Colorado Revised Statutes, 22-35.3-102, amend |
---|
3322 | | - | (8) as follows: |
---|
3323 | | - | 22-35.3-102. Definitions. As used in this article 35.3, unless the |
---|
3324 | | - | context otherwise requires: |
---|
3325 | | - | (8) "Funded pupil count" has the same meaning as provided in |
---|
3326 | | - | section 22-54-103 (7) MEANS THE FUNDED PUPIL COUNT AS DETERMINED |
---|
3327 | | - | PURSUANT TO ARTICLE |
---|
3328 | | - | 54 OF THIS TITLE 22. |
---|
3329 | | - | SECTION 51. In Colorado Revised Statutes, 22-35.3-104, amend |
---|
3330 | | - | (1)(a) as follows: |
---|
3331 | | - | 22-35.3-104. P-tech schools - funding. (1) (a) To calculate district |
---|
3332 | | - | total program pursuant to section 22-54-104 |
---|
3333 | | - | ARTICLE 54 OF THIS TITLE 22, |
---|
3334 | | - | a school district that is approved to operate a p-tech school pursuant to |
---|
3335 | | - | section 22-35.3-103, including a p-tech school that is a district charter |
---|
3336 | | - | school, may include the students who are enrolled in grades nine through |
---|
3337 | | - | twelve in the p-tech school in the school district's pupil enrollment, as |
---|
3338 | | - | defined in section 22-54-103 (10), and may include the students who are |
---|
3339 | | - | enrolled in grades thirteen and fourteen in the p-tech school in the school |
---|
3340 | | - | district's district extended high school pupil enrollment. |
---|
3341 | | - | SECTION 52. In Colorado Revised Statutes, 22-35.6-103, amend |
---|
3342 | | - | (1) as follows: |
---|
3343 | | - | 22-35.6-103. High school innovative learning pilot program - |
---|
3344 | | - | created - rules. (1) There is created in the department the high school |
---|
3345 | | - | innovative learning pilot program to authorize full-time funding for students |
---|
3346 | | - | enrolled in grades nine through twelve in high schools operated by selected |
---|
3347 | | - | local education providers to enable the local education providers to provide |
---|
3348 | | - | innovative learning opportunities for high school students to support them |
---|
3349 | | - | in successful transitions from high school to postsecondary education or the |
---|
3350 | | - | workforce. The department shall administer the pilot program by reviewing |
---|
3351 | | - | applications and selecting the local education providers that propose an |
---|
3352 | | - | innovative learning plan that meets the requirements specified in section |
---|
3353 | | - | 22-35.6-104 and is designed to ensure that students enrolled in grades nine |
---|
3354 | | - | through twelve may participate in innovative learning opportunities before |
---|
3355 | | - | graduation. A local education provider that is selected to participate in the |
---|
3356 | | - | pilot program is authorized to count students who are enrolled in grades |
---|
3357 | | - | PAGE 77-HOUSE BILL 24-1448 nine through twelve and are participating in innovative learning |
---|
3358 | | - | opportunities as full-time pupils for purposes of the "Public School Finance |
---|
3359 | | - | Act of 1994 |
---|
3360 | | - | 2025", article 54 of this title 22, regardless of the actual number |
---|
3361 | | - | of teacher-pupil instruction hours and teacher-pupil contact hours for each |
---|
3362 | | - | pupil. |
---|
3363 | | - | SECTION 53. In Colorado Revised Statutes, 22-40-102, amend |
---|
3364 | | - | (1.7)(a) and (6)(a) as follows: |
---|
3365 | | - | 22-40-102. Certification - tax revenues - repeal. (1.7) (a) The |
---|
3366 | | - | board of education of any school district, at the regular biennial election for |
---|
3367 | | - | school district directors or on the dates authorized by section 22-54-108 for |
---|
3368 | | - | elections for additional local property tax revenues under the "Public School |
---|
3369 | | - | Finance Act of 1994 |
---|
3370 | | - | 2025" shall submit to the eligible electors of the |
---|
3371 | | - | district the question of whether to impose a mill levy for the payment of |
---|
3372 | | - | excess transportation costs. If a majority of the votes cast at any such |
---|
3373 | | - | THE |
---|
3374 | | - | election are in favor of the question, an additional mill levy shall be IS |
---|
3375 | | - | levied each year, and revenues received therefrom shall MUST be deposited |
---|
3376 | | - | into the transportation fund of the district created in section 22-45-103 |
---|
3377 | | - | (1)(f). |
---|
3378 | | - | (6) (a) Each school district, with such |
---|
3379 | | - | assistance as may be required |
---|
3380 | | - | from the department of education, shall inform the county treasurer for each |
---|
3381 | | - | county within the district's boundaries no later than December 15 of each |
---|
3382 | | - | year of said |
---|
3383 | | - | THE district's general fund mill levy in the absence of funds |
---|
3384 | | - | estimated to be received by said THE district pursuant to the "Public School |
---|
3385 | | - | Finance Act of 1994 2025", article 54 of this title 22, and the estimated |
---|
3386 | | - | funds to be received for the general fund of the district from the state. |
---|
3387 | | - | SECTION 54. In Colorado Revised Statutes, 22-43.7-201, amend |
---|
3388 | | - | (4)(a)(II)(A) as follows: |
---|
3389 | | - | 22-43.7-201. Full-day kindergarten facility capital construction |
---|
3390 | | - | fund - creation - grants - definitions. (4) (a) As used in this subsection |
---|
3391 | | - | (4), unless the context otherwise requires: |
---|
3392 | | - | (II) "Equitable adjustment factor" means, with respect to both an |
---|
3393 | | - | applicant and a potential applicant that does not actually apply for a grant |
---|
3394 | | - | as authorized by this subsection (4), the sum of the applicant's: |
---|
3395 | | - | PAGE 78-HOUSE BILL 24-1448 (A) Size factor, as determined pursuant to section 22-54-104 |
---|
3396 | | - | (5)(b)(I.5) ARTICLE 54 OF THIS TITLE 22; |
---|
3397 | | - | SECTION 55. In Colorado Revised Statutes, amend 22-52-107 as |
---|
3398 | | - | follows: |
---|
3399 | | - | 22-52-107. Funding of second chance program. It is the intent of |
---|
3400 | | - | the general assembly that, after the initial appropriation made to the |
---|
3401 | | - | department of education for the fiscal year beginning July 1, 1985, The |
---|
3402 | | - | responsibilities and duties specified in this article shall MUST be performed |
---|
3403 | | - | by the department of education and the participating school districts through |
---|
3404 | | - | the funding available pursuant to the "Public School Finance Act of 1994 |
---|
3405 | | - | 2025", article 54 of this title TITLE 22. |
---|
3406 | | - | SECTION 56. In Colorado Revised Statutes, 22-55-102, amend |
---|
3407 | | - | (14) and (18) as follows: |
---|
3408 | | - | 22-55-102. Definitions. As used in this article 55, unless the context |
---|
3409 | | - | otherwise requires: |
---|
3410 | | - | (14) "Statewide base per pupil funding" means the amount specified |
---|
3411 | | - | for each budget year in section 22-54-104 (5)(a) ARTICLE 54 OF THIS TITLE |
---|
3412 | | - | 22. |
---|
3413 | | - | (18) "Total program" or "total program education funding" means |
---|
3414 | | - | a district's total program as determined pursuant to section 22-54-104 (1) |
---|
3415 | | - | ARTICLE 54 OF THIS TITLE 22. |
---|
3416 | | - | SECTION 57. In Colorado Revised Statutes, 22-55-104, amend (3) |
---|
3417 | | - | introductory portion as follows: |
---|
3418 | | - | 22-55-104. Procedures relating to state education fund revenue |
---|
3419 | | - | estimates - legislative declaration. (3) By February 1, 2002, and by each |
---|
3420 | | - | February 1 thereafter, ON OR BEFORE EACH FEBRUARY 1, the staff of the |
---|
3421 | | - | legislative council STAFF OF THE GENERAL ASSEMBLY , in consultation with |
---|
3422 | | - | the state auditor, the office of state planning and budgeting, the state |
---|
3423 | | - | treasurer, the department of education, and the joint budget committee, shall |
---|
3424 | | - | cause to be conducted a review of the model used to forecast revenues in |
---|
3425 | | - | and expenditures from the fund and the spending requirements of the |
---|
3426 | | - | "Public School Finance Act of 1994 |
---|
3427 | | - | 2025", article 54 of this title TITLE 22. |
---|
3428 | | - | PAGE 79-HOUSE BILL 24-1448 Copies of the review shall MUST promptly be transmitted to the joint budget |
---|
3429 | | - | committee, and the office of state planning and budgeting, and the |
---|
3430 | | - | education committees of the senate and the house of representatives. The |
---|
3431 | | - | review shall |
---|
3432 | | - | MUST include, but need not be limited to, the following: |
---|
3433 | | - | SECTION 58. In Colorado Revised Statutes, 22-55-106, amend (2) |
---|
3434 | | - | as follows: |
---|
3435 | | - | 22-55-106. Statewide base per pupil funding - increases. (2) The |
---|
3436 | | - | general assembly may annually appropriate moneys MONEY in the state |
---|
3437 | | - | education fund, the general fund, any other state fund, or some combination |
---|
3438 | | - | thereof, as necessary in the sole discretion of the general assembly, to |
---|
3439 | | - | satisfy the requirements of subsection (1) of this section, and such moneys |
---|
3440 | | - | shall THE MONEY MUST be distributed to public school districts and the state |
---|
3441 | | - | charter school institute in accordance with the provisions of the "Public |
---|
3442 | | - | School Finance Act of 1994 |
---|
3443 | | - | 2025", article 54 of this title TITLE 22. |
---|
3444 | | - | SECTION 59. In Colorado Revised Statutes, 24-77-104.5, amend |
---|
3445 | | - | (3)(a) introductory portion and (3)(a)(I) as follows: |
---|
3446 | | - | 24-77-104.5. General fund exempt account - referendum C |
---|
3447 | | - | money - specification of uses for health care and education - definitions. |
---|
3448 | | - | (3) (a) Funding for preschool through twelfth grade education, as used in |
---|
3449 | | - | subparagraph (II) of paragraph (b) of subsection (1) SUBSECTION (1)(b)(II) |
---|
3450 | | - | of this section, shall be IS limited to funding for: |
---|
3451 | | - | (I) Per-pupil funding for preschool through twelfth grade education |
---|
3452 | | - | through the "Public School Finance Act of 1994 2025", article 54 of title 22, |
---|
3453 | | - | C.R.S. or any successor act; |
---|
3454 | | - | SECTION 60. In Colorado Revised Statutes, 25.5-10-206, amend |
---|
3455 | | - | as it will become effective July 1, 2024, (7)(b) as follows: |
---|
3456 | | - | 25.5-10-206. Authorized long-term services and supports - |
---|
3457 | | - | conditions of funding - purchase of services and supports - adult |
---|
3458 | | - | protective services data system check - boards of county commissioners |
---|
3459 | | - | - appropriation. (7) (b) Each school district shall pay to the case |
---|
3460 | | - | management agency purchasing programs attended by a student with an |
---|
3461 | | - | intellectual and developmental disability, who is domiciled in the school |
---|
3462 | | - | district and may be counted in the district's pupil enrollment, an amount at |
---|
3463 | | - | PAGE 80-HOUSE BILL 24-1448 least equal to the district's per pupil revenues as determined pursuant to the |
---|
3464 | | - | "Public School Finance Act of 1994 2025", article 54 of title 22. This |
---|
3465 | | - | subsection (7) applies to students who are less than twenty-two years of age. |
---|
3466 | | - | SECTION 61. In Colorado Revised Statutes, 26.5-4-202, amend |
---|
3467 | | - | (2)(a)(I) as follows: |
---|
3468 | | - | 26.5-4-202. Legislative declaration. (2) (a) The general assembly |
---|
3469 | | - | further finds and declares that: |
---|
3470 | | - | (I) In 2000, the voters approved section 17 of article IX of the state |
---|
3471 | | - | constitution, which requires the general assembly to annually increase, by |
---|
3472 | | - | at least the rate of inflation, the statewide base per pupil funding, as defined |
---|
3473 | | - | by the "Public School Finance Act of 1994", |
---|
3474 | | - | article 54 of title 22, for public |
---|
3475 | | - | education from preschool through twelfth grade; |
---|
3476 | | - | SECTION 62. In Colorado Revised Statutes, 26.5-4-208, amend |
---|
3477 | | - | (6)(b) as follows: |
---|
3478 | | - | 26.5-4-208. Preschool provider funding - per-child rates - local |
---|
3479 | | - | contribution - distribution and use of money - definitions - repeal. |
---|
3480 | | - | (6) As used in this section, unless the context otherwise requires: |
---|
3481 | | - | (b) "Funded pupil count" has the same meaning as provided in |
---|
3482 | | - | section 22-54-103 MEANS THE FUNDED PUPIL COUNT AS DETERMINED |
---|
3483 | | - | PURSUANT TO ARTICLE |
---|
3484 | | - | 54 OF TITLE 22. |
---|
3485 | | - | SECTION 63. In Colorado Revised Statutes, 34-63-102, amend |
---|
3486 | | - | (5.4) introductory portion and (5.4)(e)(III) as follows: |
---|
3487 | | - | 34-63-102. Creation of mineral leasing fund - distribution - |
---|
3488 | | - | advisory committee - local government permanent fund created - |
---|
3489 | | - | transfer of money - definitions. (5.4) Except as otherwise provided in |
---|
3490 | | - | subsection (5.5) of this section, on and after July 1, 2008, all moneys |
---|
3491 | | - | MONEY other than bonus payments, as defined in paragraph (b) of |
---|
3492 | | - | subsection (5.3) SUBSECTION (5.3)(b) of this section, credited to the mineral |
---|
3493 | | - | leasing fund created in subparagraph (II) of paragraph (a) of subsection (1) |
---|
3494 | | - | SUBSECTION (1)(a)(II) of this section shall MUST be distributed on a |
---|
3495 | | - | quarterly basis for quarters beginning on July 1, October 1, January 1, and |
---|
3496 | | - | April 1 of each state fiscal year as follows: |
---|
3497 | | - | PAGE 81-HOUSE BILL 24-1448 (e) (III) The executive director of the department of local affairs |
---|
3498 | | - | shall make the distributions required by subparagraphs (I) and (II) of this |
---|
3499 | | - | paragraph (e) SUBSECTIONS (5)(e)(I) AND (5)(e)(II) OF THIS SECTION at the |
---|
3500 | | - | same time as the executive director makes distributions to counties pursuant |
---|
3501 | | - | to paragraph (c) of this subsection (5.4) |
---|
3502 | | - | SUBSECTION (5.4)(c) OF THIS |
---|
3503 | | - | SECTION |
---|
3504 | | - | , and the total amount of the distributions made to all school |
---|
3505 | | - | districts within a single county shall |
---|
3506 | | - | MUST be in proportion to the amount |
---|
3507 | | - | of the moneys MONEY distributed directly to the county pursuant to said |
---|
3508 | | - | paragraph (c) SUBSECTION (5.4)(c) OF THIS SECTION. Where more than one |
---|
3509 | | - | school district exists within a county, the distribution to each school district |
---|
3510 | | - | shall |
---|
3511 | | - | MUST be the percentage that the most recent funded pupil count, as |
---|
3512 | | - | determined pursuant to the "Public School Finance Act of 1994 2025", |
---|
3513 | | - | article 54 of title 22, C.R.S. for pupils enrolled in the county attributable to |
---|
3514 | | - | that school district bears to the most recent total funded pupil count for all |
---|
3515 | | - | pupils attributable to the county. |
---|
3516 | | - | SECTION 64. In Colorado Revised Statutes, 39-5-132, amend (5) |
---|
3517 | | - | as follows: |
---|
3518 | | - | 39-5-132. Assessment and taxation of new construction. |
---|
3519 | | - | (5) Moneys |
---|
3520 | | - | MONEY received by a school district pursuant to this section |
---|
3521 | | - | shall MUST be deposited in the district's capital reserve fund and shall MUST |
---|
3522 | | - | not be included in calculating the amount of revenue which THAT a district |
---|
3523 | | - | is entitled to receive from the property tax levy for the general fund of the |
---|
3524 | | - | district under the "Public School Finance Act of 1994 |
---|
3525 | | - | 2025", article 54 of |
---|
3526 | | - | title 22. C.R.S. |
---|
3527 | | - | SECTION 65. In Colorado Revised Statutes, 39-10-103, amend (2) |
---|
3528 | | - | as follows: |
---|
3529 | | - | 39-10-103. Tax statement - repeal. (2) Each tax notice shall MUST |
---|
3530 | | - | contain information regarding the actual school district general fund mill |
---|
3531 | | - | levy and the school district general fund mill levy in absence of funds |
---|
3532 | | - | estimated to be received by school districts pursuant to the "Public School |
---|
3533 | | - | Finance Act of 1994 |
---|
3534 | | - | 2025", article 54 of title 22, and the estimated funds |
---|
3535 | | - | to be received for the general funds of districts from the state. |
---|
3536 | | - | SECTION 66. In Colorado Revised Statutes, 39-10-114, amend |
---|
3537 | | - | (1)(a)(I)(B) as follows: |
---|
3538 | | - | PAGE 82-HOUSE BILL 24-1448 39-10-114. Abatement - cancellation of taxes. (1) (a) (I) (B) The |
---|
3539 | | - | assessor shall certify the proportional amount of the total amount of |
---|
3540 | | - | abatements and refunds granted pursuant to the provisions of this section to |
---|
3541 | | - | the appropriate taxing entities at the same time that |
---|
3542 | | - | AS the certification of |
---|
3543 | | - | valuation for assessment is made pursuant to the provisions of section |
---|
3544 | | - | 39-5-128. Any taxing entity may adjust the amount of its tax levy authorized |
---|
3545 | | - | pursuant to the provisions of section 29-1-301 C.R.S. |
---|
3546 | | - | by an additional |
---|
3547 | | - | amount which THAT does not exceed the proportional share of the total |
---|
3548 | | - | amount of abatements and refunds made pursuant to the provisions of this |
---|
3549 | | - | section. After calculating the amount of property tax revenues necessary to |
---|
3550 | | - | satisfy the requirements of the "Public School Finance Act of 1994 |
---|
3551 | | - | 2025", |
---|
3552 | | - | article 54 of title 22, C.R.S. any school district shall add an amount equal |
---|
3553 | | - | to the proportional share of the total amount of abatements and refunds |
---|
3554 | | - | granted pursuant to the provisions of this section prior to the setting of the |
---|
3555 | | - | mill levy for such school district. Any additional amount added pursuant to |
---|
3556 | | - | the provisions of this subsection (1) shall |
---|
3557 | | - | MUST not be included in the total |
---|
3558 | | - | amount of revenue levied in said THE year for the purposes of computing |
---|
3559 | | - | the limit for the succeeding year pursuant to the provisions of section |
---|
3560 | | - | 29-1-301. C.R.S. Where |
---|
3561 | | - | WHEN a final determination is made granting an |
---|
3562 | | - | abatement or refund pursuant to the provisions of this section, the |
---|
3563 | | - | abatement or refund granted shall |
---|
3564 | | - | MUST be payable at such time as |
---|
3565 | | - | determined by the board of county commissioners after consultation with |
---|
3566 | | - | affected taxing entities but no later than upon the payment of property taxes |
---|
3567 | | - | for the property tax year in which said |
---|
3568 | | - | THE final determination was made. |
---|
3569 | | - | For the purposes of this sub-subparagraph (B) SUBSECTION (1)(a)(I)(B), a |
---|
3570 | | - | taxing entity's proportional share of the total amount of abatements and |
---|
3571 | | - | refunds granted shall |
---|
3572 | | - | MUST be based upon the amount of tax levied by a |
---|
3573 | | - | taxing entity on such THE real property in proportion to the total amount of |
---|
3574 | | - | tax levied on such THE real property by such taxing entities. |
---|
3575 | | - | SECTION 67. In Colorado Revised Statutes, 43-4-502, amend (2) |
---|
3576 | | - | as follows: |
---|
3577 | | - | 43-4-502. Legislative declaration. (2) It is further the intent of the |
---|
3578 | | - | general assembly that no provision of this part 5 shall affect AFFECTS the |
---|
3579 | | - | FORMER "Public School Finance Act of 1973", article 50 of title 22, C.R.S. |
---|
3580 | | - | the FORMER "Public School Finance Act of 1988", article 53 of title 22, |
---|
3581 | | - | C.R.S. the FORMER "Public School Finance Act of 1994", article 54 of title |
---|
3582 | | - | 22, C.R.S. THE "PUBLIC SCHOOL FINANCE ACT OF 2025, ARTICLE 54 OF |
---|
3583 | | - | TITLE |
---|
3584 | | - | 22, or any additional school financing mechanisms adopted by the |
---|
3585 | | - | PAGE 83-HOUSE BILL 24-1448 general assembly. |
---|
3586 | | - | SECTION 68. Appropriation. For the 2024-25 state fiscal year, |
---|
3587 | | - | $184,433 is appropriated to the department of education. This appropriation |
---|
3588 | | - | is from the general fund and is based on an assumption that the division will |
---|
3589 | | - | require an additional 1.8 FTE. To implement this act, the department may |
---|
3590 | | - | use this appropriation for administration related to public school finance. |
---|
3591 | | - | SECTION 69. Appropriation. For the 2024-25 state fiscal year, |
---|
3592 | | - | $11,500,000 is appropriated to the department of education. This |
---|
3593 | | - | appropriation is from the charter school facilities assistance account, an |
---|
3594 | | - | account within the public school capital construction assistance fund, |
---|
3595 | | - | created in section 22-43.7-104 (2)(d), C.R.S. To implement this act, the |
---|
3596 | | - | department may use this appropriation for state aid for charter school |
---|
3597 | | - | facilities. |
---|
3598 | | - | SECTION 70. Appropriation - adjustments to 2024 long bill. |
---|
3599 | | - | (1) To implement this act, appropriations made in the annual general |
---|
3600 | | - | appropriation act for the 2024-25 state fiscal year to the department of |
---|
3601 | | - | education are adjusted as follows: |
---|
3602 | | - | (a) The cash funds appropriation from the state public school fund |
---|
3603 | | - | created in section 22-54-114 (1), C.R.S., estimated to be from interest and |
---|
3604 | | - | income earned on the investment of money in the public school fund that is |
---|
3605 | | - | credited to the state public school fund pursuant to section 22-41-102 (3)(h), |
---|
3606 | | - | C.R.S., for the state share of districts' total program funding is decreased by |
---|
3607 | | - | $5,000,000; and |
---|
3608 | | - | (b) The cash funds appropriation from the state public school fund |
---|
3609 | | - | created in section 22-54-114 (1) C.R.S., from interest and income earned on |
---|
3610 | | - | the investment of money in the public school fund that is credited to the |
---|
3611 | | - | state public school fund pursuant to section 22-41-102 (3)(h), C.R.S., for |
---|
3612 | | - | at-risk per pupil additional funding is decreased by $5,000,000. |
---|
3613 | | - | (2) For the 2024-25 state fiscal year, $10,000,000 is appropriated to |
---|
3614 | | - | the department of education. This appropriation is from the state education |
---|
3615 | | - | fund created in section 17 (4)(a) of article IX of the state constitution. To |
---|
3616 | | - | implement this act, the department may use this appropriation as follows: |
---|
3617 | | - | (a) $5,000,000 for the state share of districts' total program funding; |
---|
3618 | | - | PAGE 84-HOUSE BILL 24-1448 and |
---|
3619 | | - | (b) $5,000,000 for at-risk per pupil additional funding. |
---|
3620 | | - | SECTION 71. Appropriation. (1) For the 2024-25 state fiscal |
---|
3621 | | - | year, $32,875 is appropriated to the legislative department. This |
---|
3622 | | - | appropriation is from the general fund. To implement this act, the |
---|
3623 | | - | department may use this appropriation as follows: |
---|
3624 | | - | (a) $2,359 for use by the general assembly; |
---|
3625 | | - | (b) $22,047 for use by the legislative council, which amount is based |
---|
3626 | | - | on an assumption that the legislative council will require an additional 0.3 |
---|
3627 | | - | FTE; and |
---|
3628 | | - | (c) $8,469 for the committee on legal services, which amount is |
---|
3629 | | - | based on an assumption that the committee will require an additional 0.1 |
---|
3630 | | - | FTE. |
---|
3631 | | - | SECTION 72. Appropriation. For the 2023-24 state fiscal year, |
---|
3632 | | - | $11,374,594 is appropriated to the department of education. This |
---|
3633 | | - | appropriation is from the mill levy override match fund created in section |
---|
3634 | | - | 22-54-107.9 (6)(a), C.R.S. To implement this act, the department may use |
---|
3635 | | - | this appropriation for mill levy override matching pursuant to section |
---|
3636 | | - | 22-54-107.9, C.R.S. |
---|
3637 | | - | SECTION 73. Safety clause. The general assembly finds, |
---|
3638 | | - | determines, and declares that this act is necessary for the immediate |
---|
3639 | | - | preservation of the public peace, health, or safety or for appropriations for |
---|
3640 | | - | PAGE 85-HOUSE BILL 24-1448 the support and maintenance of the departments of the state and state |
---|
3641 | | - | institutions. |
---|
3642 | | - | ____________________________ ____________________________ |
---|
3643 | | - | Julie McCluskie Steve Fenberg |
---|
3644 | | - | SPEAKER OF THE HOUSE PRESIDENT OF |
---|
3645 | | - | OF REPRESENTATIVES THE SENATE |
---|
3646 | | - | ____________________________ ____________________________ |
---|
3647 | | - | Robin Jones Cindi L. Markwell |
---|
3648 | | - | CHIEF CLERK OF THE HOUSE SECRETARY OF |
---|
3649 | | - | OF REPRESENTATIVES THE SENATE |
---|
3650 | | - | APPROVED________________________________________ |
---|
3651 | | - | (Date and Time) |
---|
3652 | | - | _________________________________________ |
---|
3653 | | - | Jared S. Polis |
---|
3654 | | - | GOVERNOR OF THE STATE OF COLORADO |
---|
3655 | | - | PAGE 86-HOUSE BILL 24-1448 |
---|
| 3379 | + | FORMER "Public School Finance Act of 1973", article 50 of title 22,19 |
---|
| 3380 | + | C.R.S. |
---|
| 3381 | + | the FORMER "Public School Finance Act of 1988", article 53 of20 |
---|
| 3382 | + | title 22, C.R.S. the FORMER "Public School Finance Act of 1994", article21 |
---|
| 3383 | + | 54 of title 22, C.R.S. THE "PUBLIC SCHOOL FINANCE ACT OF 2025,22 |
---|
| 3384 | + | ARTICLE 54 OF TITLE 22, or any additional school financing mechanisms23 |
---|
| 3385 | + | adopted by the general assembly.24 |
---|
| 3386 | + | SECTION 68. Appropriation. For the 2024-25 state fiscal year,25 |
---|
| 3387 | + | $184,433 is appropriated to the department of education. This26 |
---|
| 3388 | + | appropriation is from the general fund and is based on an assumption that27 |
---|
| 3389 | + | 1448 |
---|
| 3390 | + | -110- the division will require an additional 1.8 FTE. To implement this act, the1 |
---|
| 3391 | + | department may use this appropriation for administration related to public2 |
---|
| 3392 | + | school finance.3 |
---|
| 3393 | + | SECTION 69. Appropriation. For the 2024-25 state fiscal year,4 |
---|
| 3394 | + | $11,500,000 is appropriated to the department of education. This5 |
---|
| 3395 | + | appropriation is from the charter school facilities assistance account, an6 |
---|
| 3396 | + | account within the public school capital construction assistance fund,7 |
---|
| 3397 | + | created in section 22-43.7-104 (2)(d), C.R.S. To implement this act, the8 |
---|
| 3398 | + | department may use this appropriation for state aid for charter school9 |
---|
| 3399 | + | facilities.10 |
---|
| 3400 | + | SECTION 70. Appropriation - adjustments to 2024 long bill.11 |
---|
| 3401 | + | (1) To implement this act, appropriations made in the annual general12 |
---|
| 3402 | + | appropriation act for the 2024-25 state fiscal year to the department of13 |
---|
| 3403 | + | education are adjusted as follows:14 |
---|
| 3404 | + | (a) The cash funds appropriation from the state public school fund15 |
---|
| 3405 | + | created in section 22-54-114 (1), C.R.S., estimated to be from interest and16 |
---|
| 3406 | + | income earned on the investment of money in the public school fund that17 |
---|
| 3407 | + | is credited to the state public school fund pursuant to section 22-41-10218 |
---|
| 3408 | + | (3)(h), C.R.S., for the state share of districts' total program funding is19 |
---|
| 3409 | + | decreased by $5,000,000; and20 |
---|
| 3410 | + | (b) The cash funds appropriation from the state public school fund21 |
---|
| 3411 | + | created in section 22-54-114 (1) C.R.S., from interest and income earned22 |
---|
| 3412 | + | on the investment of money in the public school fund that is credited to23 |
---|
| 3413 | + | the state public school fund pursuant to section 22-41-102 (3)(h), C.R.S.,24 |
---|
| 3414 | + | for at-risk per pupil additional funding is decreased by $5,000,000. 25 |
---|
| 3415 | + | (2) For the 2024-25 state fiscal year, $10,000,000 is appropriated26 |
---|
| 3416 | + | to the department of education. This appropriation is from the state27 |
---|
| 3417 | + | 1448 |
---|
| 3418 | + | -111- education fund created in section 17 (4)(a) of article IX of the state1 |
---|
| 3419 | + | constitution. To implement this act, the department may use this2 |
---|
| 3420 | + | appropriation as follows:3 |
---|
| 3421 | + | (a) $5,000,000 for the state share of districts' total program4 |
---|
| 3422 | + | funding; and5 |
---|
| 3423 | + | (b) $5,000,000 for at-risk per pupil additional funding.6 |
---|
| 3424 | + | SECTION 71. Appropriation. (1) For the 2024-25 state fiscal7 |
---|
| 3425 | + | year, $32,875 is appropriated to the legislative department. This8 |
---|
| 3426 | + | appropriation is from the general fund. To implement this act, the9 |
---|
| 3427 | + | department may use this appropriation as follows:10 |
---|
| 3428 | + | (a) $2,359 for use by the general assembly; 11 |
---|
| 3429 | + | (b) $22,047 for use by the legislative council, which amount is12 |
---|
| 3430 | + | based on an assumption that the legislative council will require an13 |
---|
| 3431 | + | additional 0.3 FTE; and14 |
---|
| 3432 | + | (c) $8,469 for the committee on legal services, which amount is15 |
---|
| 3433 | + | based on an assumption that the committee will require an additional 0.116 |
---|
| 3434 | + | FTE.17 |
---|
| 3435 | + | SECTION 72. Appropriation. For the 2023-24 state fiscal year,18 |
---|
| 3436 | + | $11,374,594 is appropriated to the department of education. This19 |
---|
| 3437 | + | appropriation is from the mill levy override match fund created in section20 |
---|
| 3438 | + | 22-54-107.9 (6)(a), C.R.S. To implement this act, the department may use21 |
---|
| 3439 | + | this appropriation for mill levy override matching pursuant to section22 |
---|
| 3440 | + | 22-54-107.9, C.R.S. 23 |
---|
| 3441 | + | SECTION 73. Safety clause. The general assembly finds,24 |
---|
| 3442 | + | determines, and declares that this act is necessary for the immediate25 |
---|
| 3443 | + | preservation of the public peace, health, or safety or for appropriations for26 |
---|
| 3444 | + | 1448 |
---|
| 3445 | + | -112- the support and maintenance of the departments of the state and state1 |
---|
| 3446 | + | institutions.2 |
---|
| 3447 | + | 1448 |
---|
| 3448 | + | -113- |
---|