Colorado 2024 Regular Session

Colorado House Bill HB1448 Compare Versions

OldNewDifferences
1+Second Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 24-0977.06 Jacob Baus x2173
18 HOUSE BILL 24-1448
2-BY REPRESENTATIVE(S) McCluskie and Bacon, Boesenecker, English,
3-Epps, Herod, Joseph, Kipp, Lukens, Martinez, Mauro, McCormick,
4-McLachlan, Ortiz, Pugliese, Ricks, Velasco, Weissman, Woodrow, Young,
5-Amabile, Bird, Bradfield, Brown, Daugherty, deGruy Kennedy, Duran,
6-Hernandez, Lindsay, Lynch, Mabrey, Rutinel, Sirota, Soper, Titone, Valdez,
7-Weinberg;
8-also SENATOR(S) Lundeen and Zenzinger, Baisley, Bridges, Buckner,
9-Coleman, Exum, Fields, Gardner, Ginal, Kirkmeyer, Liston, Mullica,
10-Pelton B., Pelton R., Priola, Rich, Roberts, Simpson, Smallwood,
11-Van Winkle, Will.
9+House Committees Senate Committees
10+Education Education
11+Appropriations Appropriations
12+A BILL FOR AN ACT
1213 C
13-ONCERNING THE CREATION OF A MODERNIZED APPROACH TO FUNDING
14-PUBLIC EDUCATION
15-, AND, IN CONNECTION THEREWITH, MAKING AND
16-REDUCING AN APPROPRIATION
17-.
18-
19-Be it enacted by the General Assembly of the State of Colorado:
20-SECTION 1. In Colorado Revised Statutes, amend 22-54-101 as
21-follows:
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
23-NOTE: This bill has been prepared for the signatures of the appropriate legislative
24-officers and the Governor. To determine whether the Governor has signed the bill
25-or taken other action on it, please consult the legislative status sheet, the legislative
26-history, or the Session Laws.
27-________
28-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29-through words or numbers indicate deletions from existing law and such material is not part of
30-the act. ARTICLE 54 IS THE "PUBLIC SCHOOL FINANCE ACT OF 2025".
31-SECTION 2. In Colorado Revised Statutes, amend 22-54-102 as
32-follows:
33-22-54-102. Statewide applicability - intergovernmental
34-agreements - legislative declaration. (1) The general assembly hereby
35-finds and declares that this article ARTICLE 54 is enacted in furtherance of
36-the general assembly's duty under section 2 of article IX of the state
37-constitution to provide for a thorough and uniform system of public schools
38-throughout the state; that a thorough and uniform system requires that all
39-school districts and institute charter schools operate under the same finance
40-formula; and that equity considerations dictate that all districts and institute
41-charter schools be subject to the expenditure and maximum levy provisions
42-of this article
43- ARTICLE 54. Accordingly, the provisions of this article
44-ARTICLE 54 concerning the financing of public schools for budget years
45-beginning on and after July 1, 1994, shall apply to all school districts and
46-institute charter schools organized under the laws of this state.
14+ONCERNING THE CREATION OF A MODERNIZED APPROACH TO101
15+FUNDING PUBLIC
16+EDUCATION, AND, IN CONNECTION THEREWITH ,102
17+MAKING AND REDUCING AN APPROPRIATION .103
18+Bill Summary
19+(Note: This summary applies to this bill as introduced and does
20+not reflect any amendments that may be subsequently adopted. If this bill
21+passes third reading in the house of introduction, a bill summary that
22+applies to the reengrossed version of this bill will be available at
23+http://leg.colorado.gov
24+.)
25+The bill creates a new total program formula (new formula), which
26+is used to determine each school district's (district) and institute charter
27+school's annual total program amount to fund public education. With
28+limited exception, the district or the institute charter school has the
29+discretion to determine the budgeting and expending of its total program
30+SENATE
31+3rd Reading Unamended
32+May 7, 2024
33+SENATE
34+Amended 2nd Reading
35+May 5, 2024
36+HOUSE
37+Amended 3rd Reading
38+May 1, 2024
39+HOUSE
40+Amended 2nd Reading
41+April 30, 2024
42+HOUSE SPONSORSHIP
43+McCluskie and Bacon, Boesenecker, English, Epps, Herod, Joseph, Kipp, Lukens,
44+Martinez, Mauro, McCormick, McLachlan, Ortiz, Pugliese, Ricks, Velasco, Weissman,
45+Woodrow, Young
46+SENATE SPONSORSHIP
47+Lundeen and Zenzinger, Baisley, Bridges, Buckner, Coleman, Exum, Fields, Gardner,
48+Ginal, Kirkmeyer, Liston, Mullica, Pelton B., Pelton R., Priola, Rich, Roberts, Simpson,
49+Smallwood, Van Winkle, Will
50+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
51+Capital letters or bold & italic numbers indicate new material to be added to existing law.
52+Dashes through the words or numbers indicate deletions from existing law. money.
53+The new formula:
54+! Starts with a district's foundation funding, which is
55+determined by multiplying the statewide base per pupil
56+funding by the district's funded pupil count, excluding the
57+district's extended high school pupil enrollment and the
58+district's online pupil enrollment; then
59+! Adds the district's at-risk funding, which is determined by
60+multiplying the statewide base per pupil funding by 25%
61+and then multiplying that result by the district's at-risk pupil
62+enrollment; then
63+! Adds the district's English language learning funding,
64+which is determined by multiplying the statewide base per
65+pupil funding by 25% and then multiplying that result by
66+the district's English language learner pupil enrollment;
67+then
68+! Adds the district's special education funding, which is
69+determined by multiplying the statewide base per pupil
70+funding by 25% and then multiplying that result by the
71+district's special education pupil enrollment; then
72+! Adds the district's cost of living factor, which is determined
73+by multiplying the statewide base per pupil funding by the
74+district's funded pupil count, excluding the district's
75+extended high school pupil enrollment and the district's
76+online pupil enrollment, and then multiplying that result by
77+the district's cost of living factor; then
78+! Adds the district's locale factor, which is determined by
79+multiplying the statewide base per pupil funding by the
80+district's funded pupil count, excluding the district's
81+extended high school pupil enrollment and the district's
82+online pupil enrollment, and then multiplying that result by
83+the district's locale factor; then
84+! Adds the district's size factor, which is determined by
85+multiplying the statewide base per pupil funding by the
86+district's funded pupil count, excluding the district's
87+extended high school pupil enrollment and the district's
88+online pupil enrollment, and then multiplying that result by
89+the district's size factor; then
90+! Adds the district's extended high school funding, which is
91+determined by multiplying the district's extended high
92+school pupil enrollment by an amount that increases by the
93+same percentage that the statewide base per student funding
94+increases; then
95+! Adds the district's online funding, which is determined by
96+multiplying the district's online pupil enrollment by an
97+1448
98+-2- amount that increases by the same percentage that the
99+statewide base per student funding increases.
100+Beginning in the 2030-31 state fiscal year, the new formula will
101+determine each district's and institute charter school's annual total
102+program amount.
103+For the 2025-26 state fiscal year through the 2029-30 state fiscal
104+year, each district's and institute charter school's annual total program
105+amount will be determined by calculating each district's and institute
106+charter school's annual total program amount under the new formula and
107+the expiring formula. During these state fiscal years, a district's or
108+institute charter school's annual total program amount is the district's or
109+institute charter school's calculation under the expiring formula, unless:
110+! For the 2025-26 state fiscal year, if the total program
111+calculation under the new formula is greater than the total
112+program calculation under the expiring formula, the
113+district's or institute charter school's annual total program
114+amount is the amount calculated under the expiring formula
115+plus an amount equal to 18% of the difference between the
116+amount calculated under the new formula and the expiring
117+formula;
118+! For the 2026-27 state fiscal year, if the total program
119+calculation under the new formula is greater than the total
120+program calculation under the expiring formula, the
121+district's or institute charter school's annual total program
122+amount is the amount calculated under the expiring formula
123+plus an amount equal to 34% of the difference between the
124+amount calculated under the new formula and the expiring
125+formula;
126+! For the 2027-28 state fiscal year, if the total program
127+calculation under the new formula is greater than the total
128+program calculation under the expiring formula, the
129+district's or institute charter school's annual total program
130+amount is the amount calculated under the expiring formula
131+plus an amount equal to 50% of the difference between the
132+amount calculated under the new formula and the expiring
133+formula;
134+! For the 2028-29 state fiscal year, if the total program
135+calculation under the new formula is greater than the total
136+program calculation under the expiring formula, the
137+district's or institute charter school's annual total program
138+amount is the amount calculated under the expiring formula
139+plus an amount equal to 66% of the difference between the
140+amount calculated under the new formula and the expiring
141+formula; and
142+! For the 2029-30 state fiscal year, if the total program
143+1448
144+-3- calculation under the new formula is greater than the total
145+program calculation under the expiring formula, the
146+district's or institute charter school's annual total program
147+amount is the amount calculated under the expiring formula
148+plus an amount equal to 82% of the difference between the
149+amount calculated under the new formula and the expiring
150+formula.
151+The bill repeals the expiring formula on July 1, 2030.
152+The bill makes amendments to conform with these changes and to
153+repeal obsolete provisions within the "Public School Finance Act".
154+The bill requires the department of education to contract with
155+third-party entities to conduct 2 studies and publish reports concerning
156+weighted student budgeting and implementing a multiple count day
157+method for determining pupil enrollment. The third-party entities are
158+required to submit reports to the education committees of the house of
159+representatives and the senate, and the governor, by June 30, 2025.
160+Under current law, there is the public school fund of the state
161+(permanent school fund). The bill requires that:
162+! For the 2024-25 state fiscal year, the first $11 million of
163+interest and income earned on the deposit and investment
164+of money in the permanent school fund (interest and
165+income) is credited to the state public school fund, the next
166+$11 million of interest and income becomes part of the
167+principal of the permanent school fund, and the remaining
168+interest and income is credited to the restricted account of
169+the public school capital construction assistance fund
170+(assistance fund);
171+! For the 2025-26 state fiscal year, the first $6 million of
172+interest and income is credited to the state public school
173+fund, the next $6 million of interest and income becomes
174+part of the principal of the permanent school fund, and the
175+remaining interest and income is credited to the restricted
176+account of the assistance fund; and
177+! For the 2026-27 state fiscal year, and state fiscal years
178+thereafter, all interest and income is credited to the
179+restricted account of the assistance fund.
180+The bill requires the state treasurer to allocate any money
181+remaining in the state land board trust administration fund to pay for the
182+services provided by the investment consultant hired by the public school
183+investment board and for the reimbursement for travel and other
184+necessary expenses incurred by the members of that board.
185+Under certain circumstances, the bill requires to be credited to the
186+assistance fund:
187+! For the 2024-25 state fiscal year, the greater of $10 million
188+from proceeds received from certain resources from public
189+1448
190+-4- school lands plus 50% of the gross amount of public school
191+lands income other than interest or income, or $40 million;
192+! For the 2025-26 state fiscal year, the greater of $15 million
193+from proceeds received from certain resources from public
194+school lands plus 50% of the gross amount of public school
195+lands income other than interest or income, or $40 million;
196+and
197+! For the 2026-27 state fiscal year, and each state fiscal year
198+thereafter, the greater of $21 million from proceeds
199+received from certain resources from public school lands
200+plus 50% of the gross amount of public school lands
201+income other than interest or income, or $40 million.
202+The bill credits an amount to the charter school facilities assistance
203+account from the assistance fund.
204+The bill increases the total maximum amount of annual payments
205+payable by the state during a state fiscal year under the terms of all
206+outstanding financed purchase of an asset or certificate of participation
207+agreements entered into by the state treasurer from $125 million to $150
208+million.
209+Current law dictates the distribution of proceeds received from
210+certain resources from public school lands, of which, a certain amount is
211+credited to the permanent school fund. The bill requires that:
212+! For the 2024-25 state fiscal year, the first $10 million is
213+credited to the assistance fund;
214+! For the 2025-26 state fiscal year, the first $15 million is
215+credited to the assistance fund; and
216+! For the 2026-27 state fiscal year, and each state fiscal year
217+thereafter, the first $21 million is credited to the assistance
218+fund.
219+Be it enacted by the General Assembly of the State of Colorado:1
220+SECTION 1. In Colorado Revised Statutes, amend 22-54-101 as2
221+follows:3
222+22-54-101. Short title. This article shall be known and may be
223+4
224+cited as the "Public School Finance Act of 1994" THE SHORT TITLE OF5
225+THIS ARTICLE 54 IS THE "PUBLIC SCHOOL FINANCE ACT OF 2025".6
226+SECTION 2. In Colorado Revised Statutes, amend 22-54-102 as7
227+follows:8
228+1448-5- 22-54-102. Statewide applicability - intergovernmental1
229+agreements - legislative declaration. (1) The general assembly hereby2
230+finds and declares that this article ARTICLE 54 is enacted in furtherance of3
231+the general assembly's duty under section 2 of article IX of the state4
232+constitution to provide for a thorough and uniform system of public5
233+schools throughout the state; that a thorough and uniform system requires6
234+that all school districts and institute charter schools operate under the7
235+same finance formula; and that equity considerations dictate that all8
236+districts and institute charter schools be subject to the expenditure and9
237+maximum levy provisions of this article ARTICLE 54. Accordingly, the10
238+provisions of this article ARTICLE 54 concerning the financing of public11
239+schools for budget years beginning on and after July 1, 1994, shall apply12
240+to all school districts and institute charter schools organized under the13
241+laws of this state.14
47242 (2) (a) T
48-HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES
49-THAT
50-:
243+HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES15
244+THAT:16
51245 (I) A
52- THOROUGH AND UNIFORM SYSTEM OF PUBLIC EDUCATION
53-CREATES A LEARNING ENVIRONMENT IN WHICH ALL LEARNERS ARE
54-CIVICALLY ENGAGED
55-; PHYSICALLY, SOCIALLY, AND EMOTIONALLY HEALTHY ;
56-COMPETENT ACADEMIC SCHOLARS ; AND, UPON GRADUATION, READY TO
57-CONTRIBUTE PRODUCTIVELY TO THE ECONOMY AND PREPARED FOR A
58-RAPIDLY CHANGING WORLD
59-;
246+ THOROUGH AND UNIFORM SYSTEM OF PUBLIC EDUCATION17
247+CREATES A LEARNING ENVIRONMENT IN WHICH ALL LEARNERS ARE18
248+CIVICALLY ENGAGED ; PHYSICALLY, SOCIALLY, AND EMOTIONALLY19
249+HEALTHY; COMPETENT ACADEMIC SCHOLARS ; AND, UPON GRADUATION,20
250+READY TO CONTRIBUTE PRODUCTIVELY TO THE ECONOMY AND PREPARED21
251+FOR A RAPIDLY CHANGING WORLD ;22
60252 (II) A
61- WORLD-CLASS PUBLIC EDUCATION LEARNING ENVIRONMENT
62-IS CRITICAL TO MEETING THE WORKFORCE DEMANDS FOR
63-COLORADO'S
64-THRIVING AND DYNAMIC ECONOMY
65-;
253+ WORLD-CLASS PUBLIC EDUCATION LEARNING ENVIRONMENT23
254+IS CRITICAL TO MEETING THE WORKFORCE DEMANDS FOR COLORADO'S24
255+THRIVING AND DYNAMIC ECONOMY ;25
66256 (III) T
67-HE CHANGING REALITIES OF COLORADO'S ECONOMY DEMAND
68-THAT STUDENTS BE AGILE LEARNERS ABLE TO CONTINUOUSLY LEARN
69-,
70-ADAPT, AND SHIFT INTO NEW ROLES BY DEVELOPING CRITICAL THINKING ,
71-COLLABORATION, AND PROBLEM-SOLVING SKILLS;
257+HE CHANGING REALITIES OF COLORADO'S ECONOMY26
258+DEMAND THAT STUDENTS BE AGILE LEARNERS ABLE TO CONTINUOUSLY27
259+1448
260+-6- LEARN, ADAPT, AND SHIFT INTO NEW ROLES BY DEVELOPING CRITICAL1
261+THINKING, COLLABORATION, AND PROBLEM-SOLVING SKILLS;2
72262 (IV) T
73-HE NEEDS OF THE STATE REQUIRE THAT ALL STUDENTS ,
74-INCLUDING THOSE WHO ARE UNDERSERVED OR FACE SIGNIFICANT
75-PAGE 2-HOUSE BILL 24-1448 CHALLENGES IN MEETING COLORADO'S GRADUATION GUIDELINES, COMPLETE
76-HIGH SCHOOL AND ARE READY FOR CAREER OR POSTSEC ONDARY EDUCATION
77-;
263+HE NEEDS OF THE STATE REQUIRE THAT ALL STUDENTS ,3
264+INCLUDING THOSE WHO ARE UNDERSERVED OR FACE SIGNIFICANT4
265+CHALLENGES IN MEETING COLORADO'S GRADUATION GUIDELINES ,5
266+COMPLETE HIGH SCHOOL AND ARE READY FOR CAREER OR6
267+POSTSECONDARY EDUCATION ;7
78268 (V) C
79-OLORADO'S TOTAL PROGRAM FORMULA, PURSUANT TO SECTION
80-22-54-104, DRASTICALLY UNDERFUNDS COLORADO'S MOST HISTORICALLY
81-UNDERSERVED STUDENTS
82-, INCLUDING AT-RISK STUDENTS, ENGLISH
83-LANGUAGE LEARNERS
84-, AND STUDENTS WITH SPECIAL NEEDS . SINCE THE
85-COVID-19 PANDEMIC, THE ACHIEVEMENT GAP BETWEEN THESE STUDENTS
86-AND THEIR PEERS HAS GROWN EXPONENTIALLY
87-. RESEARCH SHOWS THAT
88-DIRECTING ADDITIONAL FUNDING TO THESE STUDENTS BOLSTERS THEIR
89-ACADEMIC OUTCOMES
90-.
269+OLORADO'S TOTAL PROGRAM FORMULA , PURSUANT TO8
270+SECTION 22-54-104, DRASTICALLY UNDERFUNDS COLORADO'S MOST9
271+HISTORICALLY UNDERSERVED STUDENTS , INCLUDING AT-RISK STUDENTS,10
272+E
273+NGLISH LANGUAGE LEARNERS , AND STUDENTS WITH SPECIAL NEEDS .11
274+S
275+INCE THE COVID-19 PANDEMIC, THE ACHIEVEMENT GAP BETWEEN THESE12
276+STUDENTS AND THEIR PEERS HAS GROWN EXPONENTIALLY . RESEARCH13
277+SHOWS THAT DIRECTING ADDITIONAL FUNDING TO THESE STUDENTS14
278+BOLSTERS THEIR ACADEMIC OUTCOMES .15
91279 (VI) C
92-OLORADO'S TOTAL PROGRAM FORMULA , PURSUANT TO
93-SECTION
94-22-54-104, HAS NOT BEEN SIGNIFICANTLY UPDATED SINCE 1994. AS
95-THE GENERAL ASSEMBLY COMMITS TO FULLY BUYING DOWN THE BUDGET
96-STABILIZATION FACTOR
97-, THERE IS AN OPPORTUNE MOMENT TO MODERNIZE
98-THE TOTAL PROGRAM FORMULA TO BETTER MEET THE NEEDS OF STUDENTS
99-,
100-EDUCATORS, COMMUNITIES, AND SCHOOLS.
280+OLORADO'S TOTAL PROGRAM FORMULA , PURSUANT TO16
281+SECTION 22-54-104, HAS NOT BEEN SIGNIFICANTLY UPDATED SINCE 1994.17
282+A
283+S THE GENERAL ASSEMBLY COMMITS TO FULLY BUYING DOWN THE18
284+BUDGET STABILIZATION FACTOR , THERE IS AN OPPORTUNE MOMENT TO19
285+MODERNIZE THE TOTAL PROGRAM FORMULA TO BETTER MEET THE NEEDS20
286+OF STUDENTS, EDUCATORS, COMMUNITIES, AND SCHOOLS.21
101287 (VII) I
102-N THE YEARS SINCE THIS ARTICLE 54 WAS ORIGINALLY
103-ENACTED IN
104-1994, CONSTITUTIONAL PROVISIONS , STATUTORY
105-REQUIREMENTS
106-, PUBLIC EXPECTATIONS, AND STUDENT DEMOGRAPHICS HAVE
107-PLACED GREATER DEMANDS ON
108-COLORADO'S PUBLIC EDUCATION LEARNING
109-ENVIRONMENT
110-; AND
111-(VIII) CHALLENGES TO RECRUIT AND RETAIN EDUCATORS AND
112-SCHOOL LEADERS
113-, AND IMPEDIMENTS TO BENEFICIAL INNOVATION, CONTINUE
114-TO THREATEN
115-COLORADO'S PUBLIC EDUCATION LEARNING ENVIRONMENT .
288+N THE YEARS SINCE THIS ARTICLE 54 WAS ORIGINALLY22
289+ENACTED IN 1994, CONSTITUTIONAL PROVISIONS , STATUTORY23
290+REQUIREMENTS, PUBLIC EXPECTATIONS, AND STUDENT DEMOGRAPHICS24
291+HAVE PLACED GREATER DEMANDS ON COLORADO'S PUBLIC EDUCATION25
292+LEARNING ENVIRONMENT ; AND26
293+(VIII) C
294+HALLENGES TO RECRUIT AND RETAIN EDUCATORS AND27
295+1448
296+-7- SCHOOL LEADERS, AND IMPEDIMENTS TO BENEFICIAL INNOVATION ,1
297+CONTINUE TO THREATEN COLORADO'S PUBLIC EDUCATION LEARNING2
298+ENVIRONMENT.3
116299 (b) T
117-O PROVIDE EACH CHILD IN THIS STATE WITH A HIGH -QUALITY
118-PUBLIC EDUCATION
119-, THE GENERAL ASSEMBLY FINDS AND DECLARES THAT
120-COLORADO'S PUBLIC SCHOOL FINANCE FORMULA MUST BE REDESIGNED AND
121-MODERNIZED TO
122-:
300+O PROVIDE EACH CHILD IN THIS STATE WITH A HIGH-QUALITY4
301+PUBLIC EDUCATION, THE GENERAL ASSEMBLY FINDS AND DECLARES THAT5
302+C
303+OLORADO'S PUBLIC SCHOOL FINANCE FORMULA MUST BE REDESIGNED6
304+AND MODERNIZED TO:7
123305 (I) P
124-RIORITIZE EQUITY BY FOCUSING ON INDIVIDUAL STUDENT NEEDS ,
125-INCLUDING PRIORITIZED FUNDING FOR STUDENTS EXPERIENCING POVERTY ,
126-STUDENTS WITH SPECIAL EDUCATION NEEDS , AND STUDENTS WHO ARE
127-ENGLISH LANGUAGE LEARNERS ;
306+RIORITIZE EQUITY BY FOCUSING ON INDIVIDUAL STUDENT8
307+NEEDS, INCLUDING PRIORITIZED FUNDING FOR STUDENTS EXPERIENCING9
308+POVERTY, STUDENTS WITH SPECIAL EDUCATION NEEDS , AND STUDENTS10
309+WHO ARE ENGLISH LANGUAGE LEARNERS ;11
128310 (II) R
129-ECOGNIZE AND ADJUST FUNDING FOR DIFFERENCES AMONG
130-PAGE 3-HOUSE BILL 24-1448 SCHOOL DISTRICTS AND PUBLIC SCHOOLS RELATED TO SIZE , REMOTENESS,
131-AND COST OF LIVING;
311+ECOGNIZE AND ADJUST FUNDING FOR DIFFERENCES AMONG12
312+SCHOOL DISTRICTS AND PUBLIC SCHOOLS RELATED TO SIZE , REMOTENESS,13
313+AND COST OF LIVING;14
132314 (III) P
133-ROMOTE GREATER UNDERST ANDING OF PUBLIC EDUCATION
134-FUNDING FOR POLICYMAKERS
135-, EDUCATORS, COMMUNITY MEMBERS ,
136-FAMILIES, AND STUDENTS BY CREATING TRANSPARENCY AND SIMPLICITY IN
137-THE SCHOOL FINANCE FORMULA CALCULATION
138-; AND
139-(IV) RESPONSIBLY PHASE IN A NEW TOTAL PROGRAM FORMULA OVER
140-A PERIOD OF TIME SO THAT IT IS SUSTAINABLE
141-, AND ALLOW SC HOOL
142-DISTRICTS AND SCHOOLS AN AMOUNT OF TIME NECESSARY TO ADJUST TO THE
143-PHASE
144--IN.
315+ROMOTE GREATER UNDERSTANDING OF PUBLIC EDUCATION15
316+FUNDING FOR POLICYMAKERS , EDUCATORS, COMMUNITY MEMBERS ,16
317+FAMILIES, AND STUDENTS BY CREATING TRANSPARENCY AND SIMPLICITY17
318+IN THE SCHOOL FINANCE FORMULA CALCULATION ; AND18
319+(IV) R
320+ESPONSIBLY PHASE IN A NEW TOTAL PROGRAM FORMULA19
321+OVER A PERIOD OF TIME SO THAT IT IS SUSTAINABLE, AND ALLOW SCHOOL20
322+DISTRICTS AND SCHOOLS AN AMOUNT OF TIME NECESSARY TO ADJUST TO21
323+THE PHASE-IN.22
145324 (2)
146- (3) The general assembly hereby finds and declares that in
147-enacting this article ARTICLE 54 it has adopted a formula for the support of
148-schools; for the 1994-95 budget year and budget years thereafter; however,
149-the adoption of such THE formula in no way represents IS a commitment on
150-the part of the general assembly concerning the level of total funding for
151-schools. for the 1995-96 budget year or any budget year thereafter.
152-(3) (4) (a) Nothing in this article shall be construed to THIS ARTICLE
153-54 DOES NOT prohibit local governments from cooperating with school
154-districts through intergovernmental agreements to fund, construct, maintain,
155-or manage capital construction projects or other facilities as set forth in
156-section 22-45-103 (1)(c)(I)(A) or (1)(c)(I)(D), including, but not limited to,
157-swimming pools, playgrounds, or ball fields, as long as
158- IF funding for such
159-THE projects is provided solely from a source of local government revenue
160-that is otherwise authorized by law, except impact fees or other similar
161-development charges or fees.
162-(b) Notwithstanding any provision of paragraph (a) of this
163-subsection (3) SUBSECTION (4)(a) OF THIS SECTION to the contrary, nothing
164-in this subsection (3) shall be construed to THIS SUBSECTION (4) DOES NOT:
165-(I) Limit or restrict a county's power to require the reservation or
166-dedication of sites and land areas for schools or the payment of moneys
167-MONEY in lieu thereof pursuant to section 30-28-133 (4)(a); C.R.S. or to
168-limit a local government's ability to accept and expend impact fees or other
169-similar development charges or fees contributed voluntarily on or before
170-December 31, 1997, to fund the capital projects of school districts according
171-PAGE 4-HOUSE BILL 24-1448 to the terms of agreements voluntarily entered into on or before June 4,
172-1996, between all affected parties; AND
173-(II) Repealed.
174-(III) Grant authority to local governments to require the reservation
175-or dedication of sites and land areas for schools or the payment of moneys
176-in lieu thereof MONEY; however, the prohibition on impact fees or other
177-similar development charges or fees contained in this subsection (3) shall
178-not be construed to SUBSECTION (4) DOES NOT restrict the authority of any
179-local government to require the reservation or dedication of sites and land
180-areas for schools or the payment of moneys in lieu thereof if such
181- MONEY
182-IF THE
183- local government otherwise has such
184- THE authority granted by law.
185-(4) If the December 2015 revenue forecast prepared by the
186-legislative council staff estimates that the amount of local property tax
187-revenues that will be available to districts for the 2015-16 budget year will
188-be greater than the amount estimated in the December 2014 revenue
189-forecast, it is the intent of the general assembly, through the supplemental
190-appropriations process during the 2016 regular legislative session, to
191-maintain and not reduce state appropriations for school finance funding
192-after consideration of other forecast changes, including changes in the
193-number of pupils and at-risk pupils enrolled, the inflation rate, and the
194-expected state education fund revenues.
195-(5) (a) The general assembly finds that, due to the COVID-19
196-pandemic beginning during the 2019-20 school year, Colorado's public
197-education system has faced significant disruptions to the delivery of
198-classroom instruction, student learning, and access to critically necessary
199-nutritional, health, and social-emotional support services. Therefore, the
200-general assembly finds that:
201-(I) A world-class public education is critical to meeting the
202-workforce demands for Colorado's economy;
203-(II) The changing realities of Colorado's post-pandemic economy
204-demand that students be agile learners able to continuously learn, adapt, and
205-shift into new roles by developing critical thinking, collaboration, and
206-problem-solving skills; and
207-PAGE 5-HOUSE BILL 24-1448 (III) The needs of the state require that all students, including those
208-who are underserved or face significant challenges in meeting Colorado's
209-graduation guidelines, complete high school career and college ready.
210-(b) To provide each child in this state with a high-quality public
211-education, the general assembly declares that Colorado's public school
212-finance formula must be redesigned and modernized to:
213-(I) Prioritize equity, focusing on individual student needs by
214-increasing the funding for students who are economically disadvantaged
215-and students who are English language learners; and
216-(II) Address the inequities in school district funding that arise from
217-the dramatic differences in local property wealth and mill levy overrides.
218-(c) Further, the general assembly declares that, because English
219-language learner funding will now be included in the school finance
220-formula, it is appropriate to fund this inclusion by redirecting to the state
221-share of total program the amount previously appropriated for the
222-professional development and student support program created in section
223-22-24-108. The general assembly further declares that the remaining costs
224-of the school finance formula changes are offset by the savings to the state
225-share of total program that occur as a result of correcting the unauthorized
226-reductions in district property tax mill levies as provided in section
227-22-54-106 (2.1).
228-SECTION 3. In Colorado Revised Statutes, 22-54-103, amend
229-(1.3), (6), (6.5), (8.5)(a)(II), (8.5)(b), (10)(a)(II), (10)(a)(III.5), (10)(a)(V),
230-(10)(b)(I) introductory portion, (10)(d), (10)(f), (10)(h)(I) introductory
231-portion, (10.5)(b), (14), and (15); repeal (1.5)(a)(V), (1.5)(b),
232-(1.5)(c)(II)(A), (5.5)(a), (7), and (10)(g); and add (10.8) as follows:
233-22-54-103. Definitions. As used in this article 54, unless the context
234-otherwise requires:
235-(1.3) "Accounting district" means the school
236- district within whose
237-geographic boundaries an institute charter school is physically located.
238-(1.5) (a) "At-risk pupils" means:
239-PAGE 6-HOUSE BILL 24-1448 (V) For the 2005-06 budget year through the 2020-21 budget year,
240-the number of district pupils who are English language learners plus the
241-greater of:
242-(A) The number of district pupils eligible for free lunch; or
243-(B) The number of pupils calculated in accordance with the
244-following formula:
245-District percentage of pupils eligible for free lunch x District pupil
246-enrollment.
247-(b) For purposes of subsection (1.5)(a)(V) of this section:
248-(I) "District percentage of pupils eligible for free lunch" means the
249-district pupils eligible for free lunch in grades one through eight divided by
250-the district pupil enrollment in grades one through eight.
251-(II) "District pupil enrollment" means the pupil enrollment of the
252-district, as determined in accordance with subsection (10) of this section,
253-minus the number of pupils enrolled in the Colorado preschool program
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
256-pursuant to article 20 of this title 22.
257-(III) "District pupils eligible for free lunch" means the number of
258-pupils included in the district pupil enrollment who are eligible for free
259-lunch pursuant to the provisions of the federal "Richard B. Russell National
260-School Lunch Act", 42 U.S.C. sec. 1751 et seq.
261-(IV) "District pupils who are English language learners" means the
262-number of pupils included in the district pupil enrollment for the preceding
263-budget year who were not eligible for free lunch pursuant to the provisions
264-of the federal "Richard B. Russell National School Lunch Act", 42 U.S.C.
265-sec. 1751 et seq., and who are English language learners, as defined in
266-section 22-24-103 (4), and:
267-(A) Whose scores were not included in calculating school academic
268-performance grades as provided in section 22-7-1006.3; or
269-(B) Who took an assessment administered pursuant to section
270-PAGE 7-HOUSE BILL 24-1448 22-7-1006.3 in a language other than English.
271-(c) For purposes of subsection (1.5)(a)(VI) of this section:
272-(II) (A) "District pupil enrollment" means, for the 2021-22 and
273-2022-23 budget years, the pupil enrollment of the district, as determined in
274-accordance with subsection (10) of this section, minus the number of pupils
275-enrolled in the Colorado preschool program pursuant to article 28 of this
276-title 22 and the number of three-year-old or four-year-old pupils with
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
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,
282-divided by the pupil enrollment of the district, as determined in accordance
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
293-" MEANS A DISTRICT'S FUNDING, AS DETERMINED PURSUANT
294-TO THIS ARTICLE
295-54, WHICH IS THE FINANCIAL BASE OF SUPPORT FOR PUBLIC
296-EDUCATION IN THAT DISTRICT
297-.
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
301- RECEIVES funding FOR THE
302-APPLICABLE BUDGET YEAR
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
308-(II) The average of the district's pupil enrollment for the applicable
309-budget year and the district's pupil enrollment for the immediately
310-preceding budget year; or
311-(III) The average of the district's pupil enrollment for the applicable
312-budget year and the district's pupil enrollment for the two immediately
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;
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
328-preceding budget years.
329-(II) Repealed.
330-(c) (I) For budget years commencing on and after July 1, 2003, but
331-prior to July 1, 2008, the district's online pupil enrollment for the applicable
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
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
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
347-beginning on or after July 1, 2004, a district's funded pupil count shall
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
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.
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
366-PAGE 10-HOUSE BILL 24-1448 (D) The average of the district's pupil enrollment for the applicable
367-budget year and the district's pupil enrollment for the three immediately
368-preceding budget years; or
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
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.
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
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
666874 22-54-103.1. Protection of student data. N
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
687-follows:
688-22-54-103.2. District total program formula report.
689-(1) B
690-EGINNING JANUARY 2026, AND EACH JANUARY THEREAFTER , THE
691-DEPARTMENT OF EDUCATION SHALL REPORT
692-, AT A MINIMUM , THE
693-INFORMATION DESCRIBED IN SUBSECTION
694-(2) OF THIS SECTION TO THE
695-EDUCATION COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE
696-SENATE
697-, OR THEIR SUCCESSOR COMMITTEES, AS PART OF THE "SMART ACT"
698-PRESENTATION REQUIRED PURSUANT TO PART 2 OF ARTICLE 7 OF TITLE 2.
699-(2) I
700-N ITS REPORT DESCRIBED PURSUANT TO SUBSECTION (1) OF THIS
701-SECTION
702-, THE DEPARTMENT OF EDUCATION SHALL REPORT , AT A MINIMUM,
703-DATA DEMONSTRATING :
875+OTWITHSTANDING8
876+ANY PROVISION OF THIS ARTICLE 54, THE DEPARTMENT OF EDUCATION ,9
877+THE STATE CHARTER SCHOOL INSTITUTE, AND EACH SCHOOL DISTRICT AND10
878+PUBLIC SCHOOL SHALL COMPLY WITH ALL FEDERAL AND STATE LAWS11
879+REGARDING THE PROTECTION OF STUDENT DATA , INCLUDING THE FEDERAL12
880+"F
881+AMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974", 20 U.S.C.13
882+SEC. 1232g, AS AMENDED, AND ALL REGULATIONS AND GUIDELINES14
883+ADOPTED PURSUANT TO IT, AND THE "STUDENT DATA TRANSPARENCY15
884+AND SECURITY ACT", ARTICLE 16 OF THIS TITLE 22, AND ANY RULES16
885+PROMULGATED PURSUANT TO IT . AT A MINIMUM, THIS INCLUDES17
886+REDACTING INFORMATION AS REQUIRED TO COMPLY WITH FEDERAL AND18
887+STATE LAWS REGARDING THE PROTECTION OF STUDENT DATA IN19
888+PUBLISHED DOCUMENTS OR REPORTS REGARDING FUNDING PURSUANT TO20
889+THIS ARTICLE 54.21
890+SECTION 5. In Colorado Revised Statutes, add 22-54-103.2 as22
891+follows:23
892+22-54-103.2. District total program formula report.24
893+(1) BEGINNING JANUARY 2026, AND EACH JANUARY THEREAFTER, THE25
894+DEPARTMENT OF EDUCATION SHALL REPORT , AT A MINIMUM, THE26
895+INFORMATION DESCRIBED IN SUBSECTION (2) OF THIS SECTION TO THE27
896+1448
897+-28- EDUCATION COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE1
898+SENATE, OR THEIR SUCCESSOR COMMITTEES , AS PART OF THE "SMART2
899+ACT" PRESENTATION REQUIRED PURSUANT TO PART 2 OF ARTICLE 7 OF3
900+TITLE 2.4
901+(2) IN ITS REPORT DESCRIBED PURSUANT TO SUBSECTION (1) OF5
902+THIS SECTION, THE DEPARTMENT OF EDUCATION SHALL REPORT , AT A6
903+MINIMUM, DATA DEMONSTRATING:7
904+(a) THE SUCCESSES AND CHALLENGES OF DETERMINING A8
905+DISTRICT'S TOTAL PROGRAM PURSUANT TO SECTION 22-54-103.3 FOR9
906+REPORTS CONCERNING THE 2025-26 BUDGET YEAR THROUGH THE 2029-3010
907+BUDGET YEAR, AND THE SUCCESSES AND CHALLENGES OF DETERMINING A11
908+DISTRICT'S TOTAL PROGRAM PURSUANT TO SECTION 22-54-103.5 FOR12
909+REPORTS CONCERNING THE 2030-31 BUDGET YEAR AND EACH BUDGET13
910+YEAR THEREAFTER;14
911+(b) HOW DISTRICT TOTAL PROGRAM, DETERMINED PURSUANT TO15
912+SECTION 22-54-103.3 FOR REPORTS CONCERNING THE 2025-26 BUDGET16
913+YEAR THROUGH THE 2029-30 BUDGET YEAR AND DETERMINED PURSUANT17
914+TO SECTION 22-54-103.5 FOR REPORTS CONCERNING THE 2030-31 BUDGET18
915+YEAR AND EACH BUDGET YEAR THEREAFTER, IS BEING USED AT THE19
916+SCHOOL LEVEL, INCLUDING TRADITIONAL PUBLIC SCHOOLS, DISTRICT20
917+CHARTER SCHOOLS, AND INSTITUTE CHARTER SCHOOLS, AND INFORMATION21
918+CURRENTLY REPORTED BY THE DEPARTMENT OF EDUCATION IN DISTRICT22
919+PERFORMANCE SNAPSHOTS ; AND23
920+(c) TRENDS AND CHALLENGES WITH DECLINING PUPIL24
921+ENROLLMENT, INFLUXES OF NEW ARRIVAL STUDENTS, AND STUDENTS WHO25
922+ENROLL IN OR DISENROLL FROM ANY PUBLIC SCHOOL, INCLUDING CHARTER26
923+SCHOOLS.27
924+1448
925+-29- (3) AT A MINIMUM, THE DATA DESCRIBED IN SUBSECTION (2) OF1
926+THIS SECTION MUST INCLUDE:2
927+(a) THE STATEWIDE AVERAGE AMOUNT OF PER PUPIL REVENUE FOR3
928+AN AT-RISK PUPIL;4
929+(b) THE STATEWIDE AVERAGE AMOUNT OF PER PUPIL REVENUE FOR5
930+AN ENGLISH LANGUAGE LEARNER PUPIL ;6
931+(c) THE STATEWIDE AVERAGE AMOUNT OF PER PUPIL REVENUE FOR7
932+A SPECIAL EDUCATION PUPIL;8
933+(d) THE DISTRICT AVERAGE AMOUNT OF PER PUPIL REVENUE FOR9
934+AN AT-RISK PUPIL;10
935+(e) THE DISTRICT AVERAGE AMOUNT OF PER PUPIL REVENUE FOR11
936+AN ENGLISH LANGUAGE LEARNER PUPIL ;12
937+(f) THE DISTRICT AVERAGE AMOUNT OF PER PUPIL REVENUE FOR A13
938+SPECIAL EDUCATION PUPIL;14
939+(g) THE PER PUPIL REVENUE FOR EACH PUBLIC SCHOOL IN THE15
940+DISTRICT; AND16
941+(h) THE PROJECTED SHARE OF PER PUPIL REVENUE FOR EACH17
942+PUBLIC SCHOOL IN THE DISTRICT, BASED ON ENROLLMENT.18
943+(4) NOTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-13619
944+(11)(a)(I), THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS20
945+SECTION CONTINUES INDEFINITELY.21
946+SECTION 6. In Colorado Revised Statutes, add 22-54-103.3 as22
947+follows:23
948+22-54-103.3. District total program - 2025-26 through 2029-3024
949+budget years - definitions - repeal. (1) (a) N OTWITHSTANDING ANY25
950+PROVISION OF LAW TO THE CONTRARY , FOR THE 2025-26 BUDGET YEAR26
951+THROUGH THE 2029-30 BUDGET YEAR, THE DEPARTMENT OF EDUCATION27
952+1448
953+-30- SHALL DETERMINE EACH DISTRICT'S TOTAL PROGRAM PURSUANT TO THIS1
954+SECTION. THE DISTRICT'S TOTAL PROGRAM IS AVAILABLE TO THE DISTRICT2
955+TO FUND THE COSTS OF PROVIDING PUBLIC EDUCATION , AND, EXCEPT AS3
956+OTHERWISE PROVIDED IN SECTION 22-54-105, THE DISTRICT HAS THE4
957+DISCRETION TO DETERMINE THE AMOUNTS AND PURPOSES FOR BUDGETING5
958+AND EXPENDING ITS DISTRICT TOTAL PROGRAM MONEY .6
959+(b) N
960+OTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION TO7
961+THE CONTRARY, IF A DISTRICT IS AN INSTITUTE CHARTER SCHOOL 'S8
962+ACCOUNTING DISTRICT , THEN THE DISTRICT TOTAL PROGRAM9
963+DETERMINATION PURSUANT TO THIS SECTION ALSO REPRESENTS THE10
964+INSTITUTE CHARTER SCHOOL'S FINANCIAL BASE OF SUPPORT FOR PUBLIC11
965+EDUCATION, EVEN THOUGH THE INSTITUTE CHARTER SCHOOL IS NOT THE12
966+DISTRICT'S SCHOOL. THE AMOUNT OF THE DISTRICT 'S STATE SHARE OF13
967+TOTAL PROGRAM THAT IS WITHHELD FROM THE DISTRICT AND PAID TO THE14
968+STATE CHARTER SCHOOL INSTITUTE PURSUANT TO SECTION 22-54-11515
969+(1.3)
970+ IS NOT AVAILABLE TO OR UNDER THE CONTROL OF THE DISTRICT BUT16
971+IS AVAILABLE TO AND UNDER THE CONTROL OF THE INSTITUTE CHARTER17
972+SCHOOL'S GOVERNING BOARD TO FUND THE COSTS OF PROVIDING PUBLIC18
973+EDUCATION TO STUDENTS ENROLLED IN THE INSTITUTE CHARTER SCHOOL .19
974+T
975+HE INSTITUTE CHARTER SCHOOL HAS THE DISCRETION TO D ETERMINE THE20
976+AMOUNTS AND PURPOSES FOR BUDGETING AND EXPENDING ITS TOTAL21
977+PROGRAM MONEY.22
978+(c) AS USED IN THIS SECTION, "FOR THE 2025-26 BUDGET YEAR23
979+THROUGH THE 2029-30 BUDGET YEAR" MEANS THE 2025-26 BUDGET24
980+YEAR, THE 2026-27 BUDGET YEAR, THE 2027-28 BUDGET YEAR, THE25
981+2028-29 BUDGET YEAR, AND THE 2029-30 BUDGET YEAR.26
982+(2) F
983+OR THE 2025-26 BUDGET YEAR THROUGH THE 2029-3027
984+1448
985+-31- BUDGET YEAR, THE DEPARTMENT OF EDUCATION SHALL CALCULATE EACH1
986+DISTRICT'S TOTAL PROGRAM PURSUANT TO SECTIONS 22-54-103.5 AND2
987+22-54-104.3
988+(3)
989+ FOR THE 2025-26 BUDGET YEAR THROUGH THE 2029-304
990+BUDGET YEAR, A DISTRICT'S TOTAL PROGRAM IS
991+THE GREATER OF THE5
992+DISTRICT'S TOTAL PROGRAM CALCULATION PURSUANT TO SECTION6
993+22-54-104 PLUS ONE-HALF PERCENT OF THE DISTRICT'S TOTAL PROGRAM7
994+CALCULATION PURSUANT TO SECTION 22-54-104, OR:8
995+(a) F
996+OR THE 2025-26 BUDGET YEAR,
997+ THE AMOUNT CALCULATED9
998+PURSUANT TO SECTION 22-54-104 PLUS AN AMOUNT EQUAL TO EIGHTEEN10
999+PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICT 'S TOTAL PROGRAM11
1000+CALCULATION PURSUANT TO SECTION 22-54-103.5 AND THE DISTRICT'S12
1001+TOTAL PROGRAM CALCULATION PURSUANT TO SECTION 22-54-104;13
1002+(b) F
1003+OR THE 2026-27 BUDGET YEAR,
1004+ THE AMOUNT CALCULATED14
1005+PURSUANT TO SECTION 22-54-104 PLUS AN AMOUNT EQUAL TO15
1006+THIRTY-FOUR PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICT 'S16
1007+TOTAL PROGRAM CALCULATION PURSUANT TO SECTION 22-54-103.5 AND17
1008+THE DISTRICT'S TOTAL PROGRAM CALCULATION PURSUANT TO SECTION18
1009+22-54-104;19
1010+(c) F
1011+OR THE 2027-28 BUDGET YEAR,
1012+ THE AMOUNT CALCULATED20
1013+PURSUANT TO SECTION 22-54-104 PLUS AN AMOUNT EQUAL TO FIFTY21
1014+PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICT 'S TOTAL PROGRAM22
1015+CALCULATION PURSUANT TO SECTION 22-54-103.5 AND THE DISTRICT'S23
1016+TOTAL PROGRAM CALCULATION PURSUANT TO SECTION 22-54-104;24
1017+(d) F
1018+OR THE 2028-29 BUDGET YEAR,
1019+ THE AMOUNT CALCULATED25
1020+PURSUANT TO SECTION 22-54-104 PLUS AN AMOUNT EQUAL TO SIXTY-SIX26
1021+PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICT 'S TOTAL PROGRAM27
1022+1448
1023+-32- CALCULATION PURSUANT TO SECTION 22-54-103.5 AND THE DISTRICT'S1
1024+TOTAL PROGRAM CALCULATION PURSUANT TO SECTION 22-54-104; AND2
1025+(e) F
1026+OR THE 2029-30 BUDGET YEAR,
1027+ THE AMOUNT CALCULATED3
1028+PURSUANT TO SECTION 22-54-104 PLUS AN AMOUNT EQUAL TO4
1029+EIGHTY-TWO PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICT 'S5
1030+TOTAL PROGRAM CALCULATION PURSUANT TO SECTION 22-54-103.5 AND6
1031+THE DISTRICT'S TOTAL PROGRAM CALCULATION PURSUANT TO SECTION7
1032+22-54-104.8
1033+(4) F
1034+OR THE 2024-25 BUDGET YEAR THROUGH THE 2029-309
1035+BUDGET YEAR, THE JOINT BUDGET COMMITTEE SHALL MONITOR THE FISCAL10
1036+IMPACT OF THE DISTRICT TOTAL PROGRAM DETERMINATIONS PURSUANT TO11
1037+THIS SECTION AND THE FISCAL IMPACT OF THE TRANSITION TO THE TOTAL12
1038+PROGRAM FORMULA PURSUANT TO SECTION 22-54-103.5. AT A MINIMUM,13
1039+THE JOINT BUDGET COMMITTEE SHALL CONSIDER IMMEDIATE AND14
1040+FORECASTED ECONOMIC CONDITIONS , THE IMPACT OR TREND OF THE15
1041+STATEWIDE TOTAL LOCAL SHARE OF TOTAL PROGRAM FUNDING ,
1042+THE16
1043+IMPACT OR TREND OF THE STATE EDUCATION FUND, AND ANY OTHER17
1044+DATA-DRIVEN CONSIDERATIONS NECESSARY TO ENSURE THE SUSTAINABLE18
1045+TRANSITION TO AND IMPLEMENTATION OF A NEW TOTAL PROGRAM19
1046+FORMULA. THE JOINT BUDGET COMMITTEE AND THE GENERAL ASSEMBLY20
1047+MAY TAKE ACTION NECESSARY TO ENSURE THE SUSTAINABLE TRANSITION21
1048+TO AND IMPLEMENTATION OF A NEW TOTAL PROGRAM FORMULA . 22
1049+ON OR AFTER JANUARY 1, 2025, WHEN THE DEPARTMENT OF EDUCATION23
1050+MAKES MID-YEAR ADJUSTMENTS, THE JOINT BUDGET COMMITTEE SHALL24
1051+DEVELOP A SUSTAINABILITY PLAN THAT MAKES FINDINGS AND25
1052+RECOMMENDATIONS REGARDING HOW THE GENERAL ASSEMBLY CAN26
1053+FULLY FUND TOTAL PROGRAM DETERMINATIONS PURSUANT TO SECTIONS27
1054+1448
1055+-33- 22-54-103.3 AND 22-54-103.5. ON OR AFTER JANUARY 1, 2026, AND1
1056+ON OR AFTER JANUARY 1 EACH YEAR THEREAFTER, WHEN THE2
1057+DEPARTMENT OF EDUCATION MAKES MID-YEAR ADJUSTMENTS, THE JOINT3
1058+BUDGET COMMITTEE SHALL REVIEW THE SUSTAINABILITY PLAN AND4
1059+UPDATE IT AS NECESSARY.5
1060+ (5) (a) AS USED IN THIS SUBSECTION (5), UNLESS THE CONTEXT6
1061+OTHERWISE REQUIRES:7
1062+(I) "ASSESSMENT YEAR" MEANS A BUDGET YEAR WHEN THE8
1063+LATTER HALF OF THE BUDGET YEAR OCCURS DURING AN EVEN-NUMBERED9
1064+CALENDAR YEAR.10
1065+(II) "INFLATION" MEANS, FOR ANY BUDGET YEAR, THE ANNUAL11
1066+PERCENTAGE CHANGE IN THE UNITED STATES DEPARTMENT OF LABOR12
1067+STATISTICS CONSUMER PRICE INDEX FOR DENVER-BOULDER, OR ITS13
1068+APPLICABLE SUCCESSOR INDEX, FOR ALL ITEMS PAID BY ALL URBAN14
1069+CONSUMERS FOR THE CALENDAR YEAR BEFORE THE APPLICABLE BUDGET15
1070+YEAR.16
1071+(III) "NON-ASSESSMENT YEAR" MEANS A BUDGET YEAR WHEN THE17
1072+LATTER HALF OF THE BUDGET YEAR OCCURS DURING AN ODD-NUMBERED18
1073+CALENDAR YEAR.19
1074+(b) (I) NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE 54,20
1075+FOR THE 2024-25 BUDGET YEAR THROUGH THE 2029-30 BUDGET YEARS,21
1076+IF THE JOINT BUDGET COMMITTEE DETERMINES THAT ANY ONE OF THE22
1077+CONDITIONS DESCRIBED IN SUBSECTION (5)(c) OF THIS SECTION23
1078+OCCURRED:24
1079+(A) FOR THE NEXT BUDGET YEAR, AND FOR EACH BUDGET YEAR25
1080+THEREAFTER, THE DEPARTMENT OF EDUCATION SHALL CALCULATE AND26
1081+DETERMINE EACH DISTRICT'S TOTAL PROGRAM PURSUANT TO THE27
1082+1448
1083+-34- CALCULATION AND DETERMINATION REQUIRED FOR THE BUDGET YEAR1
1084+WHEN THE CONDITION DESCRIBED IN SUBSECTION (5)(c) OF THIS SECTION2
1085+OCCURRED; AND3
1086+(B) THE JOINT BUDGET COMMITTEE SHALL PROMPTLY NOTIFY THE4
1087+SPEAKER OF THE HOUSE OF REPRESENTATIVES; THE PRESIDENT OF THE5
1088+SENATE; THE MINORITY LEADERS OF THE HOUSE OF REPRESENTATIVES AND6
1089+THE SENATE; THE EDUCATION COMMITTEES OF THE HOUSE OF7
1090+REPRESENTATIVES AND THE SENATE , OR ANY SUCCESSOR COMMITTEES;8
1091+AND THE COMMISSIONER OF THE DEPARTMENT OF EDUCATION THAT THE9
1092+CONDITION DESCRIBED IN SUBSECTION (5)(c) OF THIS SECTION OCCURRED,10
1093+AND THAT EACH DISTRICT'S TOTAL PROGRAM WILL BE CALCULATED AND11
1094+DETERMINED PURSUANT TO SUBSECTION (5)(b)(I) OF THIS SECTION FOR12
1095+THE NEXT BUDGET YEAR, AND FOR EACH BUDGET YEAR THEREAFTER .13
1096+(II) NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE 54,14
1097+DURING THE 2024-25 BUDGET YEAR, IF THE JOINT BUDGET COMMITTEE15
1098+DETERMINES THAT ANY ONE OF THE CONDITIONS DESCRIBED IN16
1099+SUBSECTION (5)(c) OF THIS SECTION OCCURRED, FOR THE 2025-26 BUDGET17
1100+YEAR, THE DEPARTMENT OF EDUCATION SHALL CALCULATE AND18
1101+DETERMINE EACH DISTRICT'S TOTAL PROGRAM PURSUANT TO THE19
1102+CALCULATION AND DETERMINATION REQUIRED PURSUANT TO SECTION20
1103+22-54-104.21
1104+(c) (I) THE REQUIREMENTS DESCRIBED IN SUBSECTION (5)(b) OF22
1105+THIS SECTION ARE INITIATED IF:23
1106+(A) IN AN ASSESSMENT YEAR , THE PERCENT CHANGE IN THE24
1107+STATEWIDE TOTAL LOCAL SHARE OF TOTAL PROGRAM FUNDING FOR THE25
1108+CURRENT BUDGET YEAR TO THE STATEWIDE TOTAL LOCAL SHARE OF THE26
1109+TOTAL PROGRAM FUNDING FOR THE PRIOR BUDGET YEAR IS AN AMOUNT27
1110+1448
1111+-35- THAT IS LESS THAN INFLATION MINUS TWO PERCENT ;1
1112+(B) IN A NON-ASSESSMENT YEAR, THE STATEWIDE TOTAL LOCAL2
1113+SHARE OF TOTAL PROGRAM FUNDING FOR THE CURRENT BUDGET YEAR3
1114+COMPARED TO THE STATEWIDE TOTAL LOCAL SHARE OF THE TOTAL4
1115+PROGRAM FUNDING FOR THE PRIOR BUDGET YEAR IS AN AMOUNT THAT5
1116+DECREASED BY TWO PERCENT OR MORE ; OR6
1117+(C) IN EITHER AN ASSESSMENT YEAR OR A NON-ASSESSMENT YEAR,7
1118+THE MARCH REVENUE FORECAST RELIED ON BY THE GENERAL ASSEMBLY8
1119+IN SETTING THE BUDGET FOR THE NEXT STATE FISCAL YEAR ESTIMATES9
1120+THAT THE INCOME TAX DIVERSION TO THE STATE EDUCATION FUND, AS10
1121+REQUIRED PURSUANT TO SECTION 17 OF ARTICLE IX OF THE STATE11
1122+CONSTITUTION, WILL DECREASE BY FIVE PERCENT OR MORE IN EITHER THE12
1123+CURRENT BUDGET YEAR OR THE NEXT BUDGET YEAR .13
1124+(II) THE REQUIREMENTS DESCRIBED IN SUBSECTION (5)(b) OF THIS14
1125+SECTION ARE INITIATED IF ANY OF THE FOLLOWING ESTIMATE THAT THE15
1126+CONDITIONS DESCRIBED IN SUBSECTION (5)(c)(I)(A) OR (5)(c)(I)(B) OF16
1127+THIS SECTION WILL OCCUR:17
1128+(A) INFORMATION CONCERNING LOCAL SHARE OF TOTAL PROGRAM18
1129+FUNDING RELEVANT TO THIS ARTICLE 54 CONTAINED IN A DECEMBER19
1130+REVENUE FORECAST PREPARED BY THE LEGISLATIVE COUNCIL STAFF ;20
1131+(B) INFORMATION CONTAINED IN THE FINAL FISCAL NOTE21
1132+PREPARED BY THE LEGISLATIVE COUNCIL STAFF CONCERNING THE22
1133+ESTIMATED IMPACT OF AN ACT OF THE GENERAL ASSEMBLY THAT BECOMES23
1134+LAW THAT REDUCES PROPERTY TAXES ; OR24
1135+(C) INFORMATION CONTAINED IN THE FISCAL IMPACT STATEMENT25
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
7041235 (a) T
705-HE SUCCESSES AND CHALLENGES OF DETERMINING A DISTRICT 'S
706-TOTAL PROGRAM PURSUANT TO SECTION
707-22-54-103.3 FOR REPORTS
708-CONCERNING THE
709-2025-26 BUDGET YEAR THROUGH THE 2029-30 BUDGET
710-YEAR
711-, AND THE SUCCESSES AND CHALLENGES OF DETERMINING A DISTRICT 'S
712-TOTAL PROGRAM PURSUANT TO SECTION
713-22-54-103.5 FOR REPORTS
714-CONCERNING THE
715-2030-31 BUDGET YEAR AND EACH BUDGET YEAR
716-THEREAFTER
717-;
718-(b) H
719-OW DISTRICT TOTAL PROGRAM , DETERMINED PURSUANT TO
720-SECTION
721-22-54-103.3 FOR REPORTS CONCERNING THE 2025-26 BUDGET YEAR
722-THROUGH THE
723-2029-30 BUDGET YEAR AND DETERMINED PURS UANT TO
724-SECTION
725-22-54-103.5 FOR REPORTS CONCERNING THE 2030-31 BUDGET YEAR
726-AND EACH BUDGET YEAR THEREAFTER
727-, IS BEING USED AT THE SCHOOL
728-LEVEL
729-, INCLUDING TRADITIONAL PUBLIC SCHOOLS , DISTRICT CHARTER
730-SCHOOLS
731-, AND INSTITUTE CHARTER SCHOOLS , AND INFORMATION
732-CURRENTLY REPORTED BY THE DEPARTMENT OF EDUCATION IN DISTRICT
733-PERFORMANCE SNAPSHOTS
734-; AND
735-(c) TRENDS AND CHALLENGES WITH DECLINING PUPIL ENROLLMENT ,
736-INFLUXES OF NEW ARRIVAL STUDENTS , AND STUDENTS WHO ENROLL IN OR
737-DISENROLL FROM ANY PUBLIC SCHOOL
738-, INCLUDING CHARTER SCHOOLS.
739-(3) A
740-T A MINIMUM, THE DATA DESCRIBED IN SUBSECTION (2) OF THIS
741-SECTION MUST INCLUDE
742-:
743-PAGE 20-HOUSE BILL 24-1448 (a) THE STATEWIDE AVERAGE AMOUNT OF PER PUPIL REVENUE FOR
744-AN AT
745--RISK PUPIL;
1236+HE DISTRICT'S ONLINE PUPIL ENROLLMENT FOR THE20
1237+APPLICABLE BUDGET YEAR PLUS THE DISTRICT 'S SUPPLEMENTAL21
1238+KINDERGARTEN ENROLLMENT FOR THE APPLICABLE BUDGET YEAR PLUS22
1239+THE DISTRICT'S EXTENDED HIGH SCHOOL PUPIL ENROLLMENT FOR THE23
1240+APPLICABLE BUDGET YEAR PLUS THE GREATER OF :24
1241+(I) T
1242+HE DISTRICT'S PUPIL ENROLLMENT FOR THE APPLICABLE25
1243+BUDGET YEAR;26
1244+(II) T
1245+HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE27
1246+1448
1247+-39- APPLICABLE BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR1
1248+THE IMMEDIATELY PRECEDING BUDGET YEAR ;2
1249+(III) T
1250+HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE3
1251+APPLICABLE BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR4
1252+THE TWO IMMEDIATELY PRECEDING BUDGET YEARS ; OR5
1253+(IV) T
1254+HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE6
1255+APPLICABLE BUDGET YEAR AND THE DISTRICT 'S PUPIL ENROLLMENT FOR7
1256+THE THREE IMMEDIATELY PRECEDING BUDGET YEARS .8
1257+(b) (I) N
1258+OTWITHSTANDING ANY PROVISION OF LAW TO THE9
1259+CONTRARY, FOR PURPOSES OF SUBSECTION (4)(a) OF THIS SECTION, A10
1260+DISTRICT'S FUNDED PUPIL COUNT INCLUDES THE CERTIFIED PUPIL11
1261+ENROLLMENT AND ONLINE PUPIL ENROLLMENT OF EACH OPERATING12
1262+INSTITUTE CHARTER SCHOOL FOR WHICH THE DISTRICT IS THE ACC OUNTING13
1263+DISTRICT, AS PROVIDED PURSUANT TO SUBSECTIONS (4)(b)(II) AND14
1264+(4)(b)(III)
1265+OF THIS SECTION. THE DEPARTMENT OF EDUCATION SHALL ADD15
1266+THE INSTITUTE CHARTER SCHOOL 'S CERTIFIED PUPIL ENROLLMENT AND16
1267+ONLINE PUPIL ENROLLMENT TO THE FUNDED PUPIL COUNT OF THE DISTRICT17
1268+PRIOR TO CALCULATING THE DISTRICT 'S TOTAL PROGRAM PURSUANT TO18
1269+THIS SECTION.19
1270+(II) F
1271+OR PURPOSES OF SUBSECTION (4)(b)(I) OF THIS SECTION,20
1272+EACH OPERATING INSTITUTE CHARTER SCHOOL 'S CERTIFIED PUPIL21
1273+ENROLLMENT IS THE GREATER OF:22
1274+(A) T
1275+HE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL23
1276+ENROLLMENT FOR THE APPLICABLE BUDGET YEAR ;24
7461277 (B) T
747-HE STATEWIDE AVERAGE AMOUNT OF PER PUPIL REVENUE FOR
748-AN
749-ENGLISH LANGUAGE LEARNER PUPIL ;
1278+HE AVERAGE OF THE OPERATING INSTITUTE CHARTER25
1279+SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND26
1280+THE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR27
1281+1448
1282+-40- THE IMMEDIATELY PRECEDING BUDGET YEAR ;1
7501283 (C) T
751-HE STATEWIDE AVERAGE AMOUNT OF PER PUPIL REVENUE FOR
752-A SPECIAL EDUCATION PUPIL
753-;
1284+HE AVERAGE OF THE OPERATING INSTITUTE CHARTER2
1285+SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND3
1286+THE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR4
1287+THE TWO IMMEDIATELY PRECEDING BUDGET YEARS ; OR5
7541288 (D) T
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
7581817 (e) T
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
8452014 (A) F
846-OR THE 2025-26 BUDGET YEAR, THE AMOUNT CALCULATED
847-PURSUANT TO SECTION
848-22-54-104 PLUS AN AMOUNT EQUAL TO EIGHTEEN
849-PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICT
850-'S TOTAL PROGRAM
851-CALCULATION PURSUANT TO SECTION
852-22-54-103.5 AND THE DISTRICT'S
853-TOTAL PROGRAM CALCULATION PURSUANT TO SECTION
854-22-54-104;
2015+OR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 2024,13
2016+ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ;14
8552017 (B) F
856-OR THE 2026-27 BUDGET YEAR, THE AMOUNT CALCULATED
857-PAGE 22-HOUSE BILL 24-1448 PURSUANT TO SECTION 22-54-104 PLUS AN AMOUNT EQUAL TO THIRTY-FOUR
858-PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICT
859-'S TOTAL PROGRAM
860-CALCULATION PURSUANT TO SECTION
861-22-54-103.5 AND THE DISTRICT'S
862-TOTAL PROGRAM CALCULATION PURSUANT TO SECTION
863-22-54-104;
2018+OR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 2025,15
2019+TWELVE MILLION DOLLARS;16
8642020 (C) F
865-OR THE 2027-28 BUDGET YEAR, THE AMOUNT CALCULATED
866-PURSUANT TO SECTION
867-22-54-104 PLUS AN AMOUNT EQUAL TO FIFTY
868-PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICT
869-'S TOTAL PROGRAM
870-CALCULATION PURSUANT TO SECTION
871-22-54-103.5 AND THE DISTRICT'S
872-TOTAL PROGRAM CALCULATION PURSUANT TO SECTION
873-22-54-104;
2021+OR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 2026,17
2022+THIRTEEN MILLION DOLLARS;18
8742023 (D) F
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
16992026 (E) F
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
21872054 fiscal year and for each fiscal year thereafter
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
25422380 (3.5) (a) F
2543-OR THE 2023-24 BUDGET YEAR, THE DEPARTMENT SHALL:
2381+OR THE 2023-24 BUDGET YEAR, THE DEPARTMENT
2382+8
2383+SHALL:9
25442384 (I) C
25452385 ALCULATE FOR EACH DISTRICT AN AMOUNT EQUAL TO THE
2546-DISTRICT
2547-'S ASSESSED VALUE OF REAL PROPERTY FOR THE PROPERTY TAX
2548-YEAR COMMENCING ON
2549-JANUARY 1, 2023 DIVIDED BY THE DISTRICT'S PUPIL
2550-ENROLLMENT DIVIDED BY TWO THOUSAND
2551-; AND
2552-(II) DETERMINE THE MEDIAN AMOUNT OF ALL CALCULATIONS MADE
2553-PURSUANT TO SUBSECTION
2554- (3.5)(a)(I) OF THIS SECTION.
2386+10
2387+DISTRICT'S ASSESSED VALUE OF REAL PROPERTY FOR THE PROPERTY TAX11
2388+YEAR COMMENCING ON JANUARY 1, 2023 DIVIDED BY THE DISTRICT'S12
2389+PUPIL ENROLLMENT DIVIDED BY TWO THOUSAND ; AND13
2390+(II) D
2391+ETERMINE THE MEDIAN AMOUNT OF ALL CALCULATIONS
2392+14
2393+MADE PURSUANT TO SUBSECTION (3.5)(a)(I) OF THIS SECTION.15
25552394 (b) F
25562395 OR EACH DISTRICT, THE DEPARTMENT SHALL DETERMINE IF :
2396+16
25572397 (I) T
2558-HE DISTRICT'S AMOUNT CALCULATED PURSUANT TO SUBSECTION
2559-(3.5)(a)(I) OF THIS SECTION IS LESS THAN THE AMOUNT DETERMINED
2560-PURSUANT TO SUBSECTION
2561- (3.5)(a)(II) OF THIS SECTION;
2398+HE DISTRICT'S AMOUNT CALCULATED PURSUANT TO
2399+17
2400+SUBSECTION (3.5)(a)(I) OF THIS SECTION IS LESS THAN THE AMOUNT18
2401+DETERMINED PURSUANT TO SUBSECTION (3.5)(a)(II) OF THIS SECTION;19
25622402 (II) T
25632403 HE NUMBER OF MILLS THE DISTRICT IS AUTHORIZED BY ITS
2564-ELIGIBLE ELECTORS TO LEVY PURSUANT TO SECTION
2565-22-54-108 IS GREATER
2566-THAN ZERO
2567-; AND
2568-(III) THE DISTRICT HAS AN AMOUNT THAT IS GREATER THAN 0.9
2569-AFTER CALCULATING THE MAXIMUM NUMBER OF MILLS THE DISTRICT IS
2570-AUTHORIZED TO LEVY PURSUANT TO SECTION
2571-22-54-108 (3)(b)(V) MINUS
2572-THE NUMBER OF MILLS THE DISTRICT IS AUTHORIZED BY ITS ELIGIBLE
2573-ELECTORS TO LEVY PURSUANT TO SECTION
2574-22-54-108.
2575-(c) F
2576-OR EACH DISTRICT THAT SATISFIES EVERY CONDITION
2577-DESCRIBED PURSUANT TO SUBSECTION
2578- (3.5)(b) OF THIS SECTION, THE
2579-DEPARTMENT SHALL CALCULATE FOR EACH DISTRICT AN AMOUNT EQUAL TO
2580-:
2581-PAGE 57-HOUSE BILL 24-1448 (MEDIAN AMOUNT DETERMINED PURSUANT TO SUBSECTION
2582-(3.5)(a)(II) OF THIS SECTION - DISTRICT AMOUNT CALCULATED
2583-PURSUANT TO SUBSECTION
2584- (3.5)(a)(I) OF THIS SECTION) X DISTRICT'S
2585-PUPIL ENROLLMENT
2586-.
2404+20
2405+ELIGIBLE ELECTORS TO LEVY PURSUANT TO SECTION 22-54-108 IS21
2406+GREATER THAN ZERO; AND22
2407+(III) T
2408+HE DISTRICT HAS AN AMOUNT THAT IS GREATER THAN 0.9
2409+23
2410+AFTER CALCULATING THE MAXIMUM NUMBER OF MILLS THE DISTRICT IS24
2411+AUTHORIZED TO LEVY PURSUANT TO SECTION 22-54-108 (3)(b)(V) MINUS25
2412+THE NUMBER OF MILLS THE DISTRICT IS AUTHORIZED BY ITS ELIGIBLE26
2413+ELECTORS TO LEVY PURSUANT TO SECTION 22-54-108.27
2414+1448
2415+-76- (c) FOR EACH DISTRICT THAT SATISFIES EVERY CONDITION1
2416+DESCRIBED PURSUANT TO SUBSECTION (3.5)(b) OF THIS SECTION, THE2
2417+DEPARTMENT SHALL CALCULATE FOR EACH DISTRICT AN AMOUNT EQUAL3
2418+TO:4
2419+(M
2420+EDIAN AMOUNT DETERMINED PURSUANT TO SUBSECTION
2421+5
2422+(3.5)(a)(II)
2423+OF THIS SECTION - DISTRICT AMOUNT CALCULATED
2424+6
2425+PURSUANT TO SUBSECTION (3.5)(a)(I) OF THIS SECTION) X7
2426+D
2427+ISTRICT'S PUPIL ENROLLMENT.
2428+8
25872429 (d) N
25882430 OTWITHSTANDING ANY PROVISION OF THIS SECTION , FOR THE
2589-2023-24 BUDGET YEAR, EACH DISTRICT MUST RECEIVE THE GREATER OF THE
2590-AMOUNT DETERMINED PURSUANT TO SUBSECTION
2591- (3.5)(c) OF THIS SECTION
2592-OR THE AMOUNT DETERMINED PURSUANT TO SUBSECTION
2593-(3) OF THIS
2594-SECTION
2595-.
2431+9
2432+2023-24
2433+ BUDGET YEAR, EACH DISTRICT MUST RECEIVE THE GREATER OF
2434+10
2435+THE AMOUNT DETERMINED PURSUANT TO SUBSECTION (3.5)(c) OF THIS11
2436+SECTION OR THE AMOUNT DETERMINED PURSUANT TO SUBSECTION (3) OF12
2437+THIS SECTION.13
25962438 (e) N
25972439 O LATER THAN JUNE 10, 2024, THE STATE TREASURER SHALL
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
27263378 the
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-