HOUSE BILL 24-1448
BY REPRESENTATIVE(S) McCluskie and Bacon, Boesenecker, English,
Epps, Herod, Joseph, Kipp, Lukens, Martinez, Mauro, McCormick,
McLachlan, Ortiz, Pugliese, Ricks, Velasco, Weissman, Woodrow, Young,
Amabile, Bird, Bradfield, Brown, Daugherty, deGruy Kennedy, Duran,
Hernandez, Lindsay, Lynch, Mabrey, Rutinel, Sirota, Soper, Titone, Valdez,
Weinberg;
also SENATOR(S) Lundeen and Zenzinger, Baisley, Bridges, Buckner,
Coleman, Exum, Fields, Gardner, Ginal, Kirkmeyer, Liston, Mullica,
Pelton B., Pelton R., Priola, Rich, Roberts, Simpson, Smallwood,
Van Winkle, Will.
C
ONCERNING THE CREATION OF A MODERNIZED APPROACH TO FUNDING
PUBLIC EDUCATION
, AND, IN CONNECTION THEREWITH, MAKING AND
REDUCING AN APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, amend 22-54-101 as
follows:
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
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. ARTICLE 54 IS THE "PUBLIC SCHOOL FINANCE ACT OF 2025".
SECTION 2. In Colorado Revised Statutes, amend 22-54-102 as
follows:
22-54-102. Statewide applicability - intergovernmental
agreements - legislative declaration. (1) The general assembly hereby
finds and declares that this article ARTICLE 54 is enacted in furtherance of
the general assembly's duty under section 2 of article IX of the state
constitution to provide for a thorough and uniform system of public schools
throughout the state; that a thorough and uniform system requires that all
school districts and institute charter schools operate under the same finance
formula; and that equity considerations dictate that all districts and institute
charter schools be subject to the expenditure and maximum levy provisions
of this article
ARTICLE 54. Accordingly, the provisions of this article
ARTICLE 54 concerning the financing of public schools for budget years
beginning on and after July 1, 1994, shall apply to all school districts and
institute charter schools organized under the laws of this state.
(2) (a) T
HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES
THAT
:
(I) A
THOROUGH AND UNIFORM SYSTEM OF PUBLIC EDUCATION
CREATES A LEARNING ENVIRONMENT IN WHICH ALL LEARNERS ARE
CIVICALLY ENGAGED
; PHYSICALLY, SOCIALLY, AND EMOTIONALLY HEALTHY ;
COMPETENT ACADEMIC SCHOLARS ; AND, UPON GRADUATION, READY TO
CONTRIBUTE PRODUCTIVELY TO THE ECONOMY AND PREPARED FOR A
RAPIDLY CHANGING WORLD
;
(II) A
WORLD-CLASS PUBLIC EDUCATION LEARNING ENVIRONMENT
IS CRITICAL TO MEETING THE WORKFORCE DEMANDS FOR
COLORADO'S
THRIVING AND DYNAMIC ECONOMY
;
(III) T
HE CHANGING REALITIES OF COLORADO'S ECONOMY DEMAND
THAT STUDENTS BE AGILE LEARNERS ABLE TO CONTINUOUSLY LEARN
,
ADAPT, AND SHIFT INTO NEW ROLES BY DEVELOPING CRITICAL THINKING ,
COLLABORATION, AND PROBLEM-SOLVING SKILLS;
(IV) T
HE NEEDS OF THE STATE REQUIRE THAT ALL STUDENTS ,
INCLUDING THOSE WHO ARE UNDERSERVED OR FACE SIGNIFICANT
PAGE 2-HOUSE BILL 24-1448 CHALLENGES IN MEETING COLORADO'S GRADUATION GUIDELINES, COMPLETE
HIGH SCHOOL AND ARE READY FOR CAREER OR POSTSEC ONDARY EDUCATION
;
(V) C
OLORADO'S TOTAL PROGRAM FORMULA, PURSUANT TO SECTION
22-54-104, DRASTICALLY UNDERFUNDS COLORADO'S MOST HISTORICALLY
UNDERSERVED STUDENTS
, INCLUDING AT-RISK STUDENTS, ENGLISH
LANGUAGE LEARNERS
, AND STUDENTS WITH SPECIAL NEEDS . SINCE THE
COVID-19 PANDEMIC, THE ACHIEVEMENT GAP BETWEEN THESE STUDENTS
AND THEIR PEERS HAS GROWN EXPONENTIALLY
. RESEARCH SHOWS THAT
DIRECTING ADDITIONAL FUNDING TO THESE STUDENTS BOLSTERS THEIR
ACADEMIC OUTCOMES
.
(VI) C
OLORADO'S TOTAL PROGRAM FORMULA , PURSUANT TO
SECTION
22-54-104, HAS NOT BEEN SIGNIFICANTLY UPDATED SINCE 1994. AS
THE GENERAL ASSEMBLY COMMITS TO FULLY BUYING DOWN THE BUDGET
STABILIZATION FACTOR
, THERE IS AN OPPORTUNE MOMENT TO MODERNIZE
THE TOTAL PROGRAM FORMULA TO BETTER MEET THE NEEDS OF STUDENTS
,
EDUCATORS, COMMUNITIES, AND SCHOOLS.
(VII) I
N THE YEARS SINCE THIS ARTICLE 54 WAS ORIGINALLY
ENACTED IN
1994, CONSTITUTIONAL PROVISIONS , STATUTORY
REQUIREMENTS
, PUBLIC EXPECTATIONS, AND STUDENT DEMOGRAPHICS HAVE
PLACED GREATER DEMANDS ON
COLORADO'S PUBLIC EDUCATION LEARNING
ENVIRONMENT
; AND
(VIII) CHALLENGES TO RECRUIT AND RETAIN EDUCATORS AND
SCHOOL LEADERS
, AND IMPEDIMENTS TO BENEFICIAL INNOVATION, CONTINUE
TO THREATEN
COLORADO'S PUBLIC EDUCATION LEARNING ENVIRONMENT .
(b) T
O PROVIDE EACH CHILD IN THIS STATE WITH A HIGH -QUALITY
PUBLIC EDUCATION
, THE GENERAL ASSEMBLY FINDS AND DECLARES THAT
COLORADO'S PUBLIC SCHOOL FINANCE FORMULA MUST BE REDESIGNED AND
MODERNIZED TO
:
(I) P
RIORITIZE EQUITY BY FOCUSING ON INDIVIDUAL STUDENT NEEDS ,
INCLUDING PRIORITIZED FUNDING FOR STUDENTS EXPERIENCING POVERTY ,
STUDENTS WITH SPECIAL EDUCATION NEEDS , AND STUDENTS WHO ARE
ENGLISH LANGUAGE LEARNERS ;
(II) R
ECOGNIZE AND ADJUST FUNDING FOR DIFFERENCES AMONG
PAGE 3-HOUSE BILL 24-1448 SCHOOL DISTRICTS AND PUBLIC SCHOOLS RELATED TO SIZE , REMOTENESS,
AND COST OF LIVING;
(III) P
ROMOTE GREATER UNDERST ANDING OF PUBLIC EDUCATION
FUNDING FOR POLICYMAKERS
, EDUCATORS, COMMUNITY MEMBERS ,
FAMILIES, AND STUDENTS BY CREATING TRANSPARENCY AND SIMPLICITY IN
THE SCHOOL FINANCE FORMULA CALCULATION
; AND
(IV) RESPONSIBLY PHASE IN A NEW TOTAL PROGRAM FORMULA OVER
A PERIOD OF TIME SO THAT IT IS SUSTAINABLE
, AND ALLOW SC HOOL
DISTRICTS AND SCHOOLS AN AMOUNT OF TIME NECESSARY TO ADJUST TO THE
PHASE
-IN.
(2)
(3) The general assembly hereby finds and declares that in
enacting this article ARTICLE 54 it has adopted a formula for the support of
schools; for the 1994-95 budget year and budget years thereafter; however,
the adoption of such THE formula in no way represents IS a commitment on
the part of the general assembly concerning the level of total funding for
schools. for the 1995-96 budget year or any budget year thereafter.
(3) (4) (a) Nothing in this article shall be construed to THIS ARTICLE
54 DOES NOT prohibit local governments from cooperating with school
districts through intergovernmental agreements to fund, construct, maintain,
or manage capital construction projects or other facilities as set forth in
section 22-45-103 (1)(c)(I)(A) or (1)(c)(I)(D), including, but not limited to,
swimming pools, playgrounds, or ball fields, as long as
IF funding for such
THE projects is provided solely from a source of local government revenue
that is otherwise authorized by law, except impact fees or other similar
development charges or fees.
(b) Notwithstanding any provision of paragraph (a) of this
subsection (3) SUBSECTION (4)(a) OF THIS SECTION to the contrary, nothing
in this subsection (3) shall be construed to THIS SUBSECTION (4) DOES NOT:
(I) Limit or restrict a county's power to require the reservation or
dedication of sites and land areas for schools or the payment of moneys
MONEY in lieu thereof pursuant to section 30-28-133 (4)(a); C.R.S. or to
limit a local government's ability to accept and expend impact fees or other
similar development charges or fees contributed voluntarily on or before
December 31, 1997, to fund the capital projects of school districts according
PAGE 4-HOUSE BILL 24-1448 to the terms of agreements voluntarily entered into on or before June 4,
1996, between all affected parties; AND
(II) Repealed.
(III) Grant authority to local governments to require the reservation
or dedication of sites and land areas for schools or the payment of moneys
in lieu thereof MONEY; however, the prohibition on impact fees or other
similar development charges or fees contained in this subsection (3) shall
not be construed to SUBSECTION (4) DOES NOT restrict the authority of any
local government to require the reservation or dedication of sites and land
areas for schools or the payment of moneys in lieu thereof if such
MONEY
IF THE
local government otherwise has such
THE authority granted by law.
(4) If the December 2015 revenue forecast prepared by the
legislative council staff estimates that the amount of local property tax
revenues that will be available to districts for the 2015-16 budget year will
be greater than the amount estimated in the December 2014 revenue
forecast, it is the intent of the general assembly, through the supplemental
appropriations process during the 2016 regular legislative session, to
maintain and not reduce state appropriations for school finance funding
after consideration of other forecast changes, including changes in the
number of pupils and at-risk pupils enrolled, the inflation rate, and the
expected state education fund revenues.
(5) (a) The general assembly finds that, due to the COVID-19
pandemic beginning during the 2019-20 school year, Colorado's public
education system has faced significant disruptions to the delivery of
classroom instruction, student learning, and access to critically necessary
nutritional, health, and social-emotional support services. Therefore, the
general assembly finds that:
(I) A world-class public education is critical to meeting the
workforce demands for Colorado's economy;
(II) The changing realities of Colorado's post-pandemic economy
demand that students be agile learners able to continuously learn, adapt, and
shift into new roles by developing critical thinking, collaboration, and
problem-solving skills; and
PAGE 5-HOUSE BILL 24-1448 (III) The needs of the state require that all students, including those
who are underserved or face significant challenges in meeting Colorado's
graduation guidelines, complete high school career and college ready.
(b) To provide each child in this state with a high-quality public
education, the general assembly declares that Colorado's public school
finance formula must be redesigned and modernized to:
(I) Prioritize equity, focusing on individual student needs by
increasing the funding for students who are economically disadvantaged
and students who are English language learners; and
(II) Address the inequities in school district funding that arise from
the dramatic differences in local property wealth and mill levy overrides.
(c) Further, the general assembly declares that, because English
language learner funding will now be included in the school finance
formula, it is appropriate to fund this inclusion by redirecting to the state
share of total program the amount previously appropriated for the
professional development and student support program created in section
22-24-108. The general assembly further declares that the remaining costs
of the school finance formula changes are offset by the savings to the state
share of total program that occur as a result of correcting the unauthorized
reductions in district property tax mill levies as provided in section
22-54-106 (2.1).
SECTION 3. In Colorado Revised Statutes, 22-54-103, amend
(1.3), (6), (6.5), (8.5)(a)(II), (8.5)(b), (10)(a)(II), (10)(a)(III.5), (10)(a)(V),
(10)(b)(I) introductory portion, (10)(d), (10)(f), (10)(h)(I) introductory
portion, (10.5)(b), (14), and (15); repeal (1.5)(a)(V), (1.5)(b),
(1.5)(c)(II)(A), (5.5)(a), (7), and (10)(g); and add (10.8) as follows:
22-54-103. Definitions. As used in this article 54, unless the context
otherwise requires:
(1.3) "Accounting district" means the school
district within whose
geographic boundaries an institute charter school is physically located.
(1.5) (a) "At-risk pupils" means:
PAGE 6-HOUSE BILL 24-1448 (V) For the 2005-06 budget year through the 2020-21 budget year,
the number of district pupils who are English language learners plus the
greater of:
(A) The number of district pupils eligible for free lunch; or
(B) The number of pupils calculated in accordance with the
following formula:
District percentage of pupils eligible for free lunch x District pupil
enrollment.
(b) For purposes of subsection (1.5)(a)(V) of this section:
(I) "District percentage of pupils eligible for free lunch" means the
district pupils eligible for free lunch in grades one through eight divided by
the district pupil enrollment in grades one through eight.
(II) "District pupil enrollment" means the pupil enrollment of the
district, as determined in accordance with subsection (10) of this section,
minus the number of pupils enrolled in the Colorado preschool program
pursuant to article 28 of this title 22 and the number of three-year-old or
four-year-old pupils with disabilities receiving educational programs
pursuant to article 20 of this title 22.
(III) "District pupils eligible for free lunch" means the number of
pupils included in the district pupil enrollment who are eligible for free
lunch pursuant to the provisions of the federal "Richard B. Russell National
School Lunch Act", 42 U.S.C. sec. 1751 et seq.
(IV) "District pupils who are English language learners" means the
number of pupils included in the district pupil enrollment for the preceding
budget year who were not eligible for free lunch pursuant to the provisions
of the federal "Richard B. Russell National School Lunch Act", 42 U.S.C.
sec. 1751 et seq., and who are English language learners, as defined in
section 22-24-103 (4), and:
(A) Whose scores were not included in calculating school academic
performance grades as provided in section 22-7-1006.3; or
(B) Who took an assessment administered pursuant to section
PAGE 7-HOUSE BILL 24-1448 22-7-1006.3 in a language other than English.
(c) For purposes of subsection (1.5)(a)(VI) of this section:
(II) (A) "District pupil enrollment" means, for the 2021-22 and
2022-23 budget years, the pupil enrollment of the district, as determined in
accordance with subsection (10) of this section, minus the number of pupils
enrolled in the Colorado preschool program pursuant to article 28 of this
title 22 and the number of three-year-old or four-year-old pupils with
disabilities receiving educational programs pursuant to article 20 of this title
22.
(5.5) (a) "District percentage of at-risk pupils" means, for budget
years commencing prior to July 1, 2023, the number of at-risk pupils in the
district, as determined in accordance with subsection (1.5) of this section,
divided by the pupil enrollment of the district, as determined in accordance
with subsection (10) of this section; except that pupil enrollment does not
include the number of pupils enrolled in the Colorado preschool program
pursuant to article 28 of this title 22, as it exists prior to July 1, 2023, and
the number of three-year-old or four-year-old pupils with disabilities
receiving educational programs pursuant to article 20 of this title 22.
(6) "District's total program" means the funding for a district, as
determined pursuant to section 22-54-104 or section 22-54-104.3,
whichever is applicable, which represents the financial base of support for
public education in that district. "DISTRICT TOTAL PROGRAM" OR "DISTRICT'S
TOTAL PROGRAM
" MEANS A DISTRICT'S FUNDING, AS DETERMINED PURSUANT
TO THIS ARTICLE
54, WHICH IS THE FINANCIAL BASE OF SUPPORT FOR PUBLIC
EDUCATION IN THAT DISTRICT
.
(6.5) "English language learner pupils" means the number of district
pupils who are English language learners, as defined in section 22-24-103
(4), and for whom the district received
RECEIVES funding FOR THE
APPLICABLE BUDGET YEAR
pursuant to section 22-24-104 (3)(b)(I).
(7) "Funded pupil count" means:
(a) For budget years commencing prior to July 1, 2002, the greater
of:
PAGE 8-HOUSE BILL 24-1448 (I) The district's pupil enrollment for the applicable budget year; or
(II) The average of the district's pupil enrollment for the applicable
budget year and the district's pupil enrollment for the immediately
preceding budget year; or
(III) The average of the district's pupil enrollment for the applicable
budget year and the district's pupil enrollment for the two immediately
preceding budget years; or
(IV) The average of the district's pupil enrollment for the applicable
budget year and the district's pupil enrollment for the three immediately
preceding budget years;
(b) (I) For the budget year commencing on July 1, 2002, the district's
online pupil enrollment for the applicable budget year plus the greater of:
(A) The district's pupil enrollment for the applicable budget year; or
(B) The average of the district's pupil enrollment for the applicable
budget year and the district's pupil enrollment for the immediately
preceding budget year; or
(C) The average of the district's pupil enrollment for the applicable
budget year and the district's pupil enrollment for the two immediately
preceding budget years; or
(D) The average of the district's pupil enrollment for the applicable
budget year and the district's pupil enrollment for the three immediately
preceding budget years.
(II) Repealed.
(c) (I) For budget years commencing on and after July 1, 2003, but
prior to July 1, 2008, the district's online pupil enrollment for the applicable
budget year plus the district's preschool and kindergarten program
enrollment for the applicable budget year plus the greater of:
(A) The district's pupil enrollment for the applicable budget year; or
PAGE 9-HOUSE BILL 24-1448 (B) The average of the district's pupil enrollment for the applicable
budget year and the district's pupil enrollment for the immediately
preceding budget year; or
(C) The average of the district's pupil enrollment for the applicable
budget year and the district's pupil enrollment for the two immediately
preceding budget years; or
(D) The average of the district's pupil enrollment for the applicable
budget year and the district's pupil enrollment for the three immediately
preceding budget years.
(II) and (III) Repealed.
(IV) Notwithstanding any provision of law to the contrary, for
purposes of subparagraph (I) of this paragraph (c) for budget years
beginning on or after July 1, 2004, a district's funded pupil count shall
include the certified pupil enrollment and online pupil enrollment of each
operating institute charter school for which the district is the accounting
district. The department of education shall add the institute charter school's
certified pupil enrollment and online pupil enrollment to the funded pupil
count of the district prior to calculating the district's total program pursuant
to section 22-54-104.
(d) (I) For budget years commencing on and after July 1, 2008, but
prior to July 1, 2009, the district's online pupil enrollment for the applicable
budget year plus the district's preschool program enrollment for the
applicable budget year plus the district's supplemental kindergarten
enrollment for the applicable budget year plus the greater of:
(A) The district's pupil enrollment for the applicable budget year; or
(B) The average of the district's pupil enrollment for the applicable
budget year and the district's pupil enrollment for the immediately
preceding budget year; or
(C) The average of the district's pupil enrollment for the applicable
budget year and the district's pupil enrollment for the two immediately
preceding budget years; or
PAGE 10-HOUSE BILL 24-1448 (D) The average of the district's pupil enrollment for the applicable
budget year and the district's pupil enrollment for the three immediately
preceding budget years; or
(E) The average of the district's pupil enrollment for the applicable
budget year and the district's pupil enrollment for the four immediately
preceding budget years.
(II) Notwithstanding any provision of law to the contrary, for
purposes of subparagraph (I) of this paragraph (d), a district's funded pupil
count shall include the certified pupil enrollment and online pupil
enrollment of each operating institute charter school for which the district
is the accounting district. The department of education shall add the
institute charter school's certified pupil enrollment and online pupil
enrollment to the funded pupil count of the district prior to calculating the
district's total program pursuant to section 22-54-104.
(III) Repealed.
(IV) The general assembly hereby finds and declares that for the
purposes of section 17 of article IX of the state constitution, averaging a
district's pupil enrollment for the applicable budget year and the district's
pupil enrollment for the four immediately preceding budget years pursuant
to sub-subparagraph (E) of subparagraph (I) of this paragraph (d) is a
program for accountable education reform and may therefore receive
funding from the state education fund created in section 17 (4) of article IX
of the state constitution.
(e) (I) For budget years commencing on and after July 1, 2009, but
prior to July 1, 2023, the district's online pupil enrollment for the applicable
budget year plus the district's preschool program enrollment for the
applicable budget year plus the district's supplemental kindergarten
enrollment for the applicable budget year plus the district's extended high
school pupil enrollment for the applicable budget year, plus the greater of:
(A) The district's pupil enrollment for the applicable budget year; or
(B) The average of the district's pupil enrollment for the applicable
budget year and the district's pupil enrollment for the immediately
preceding budget year; or
PAGE 11-HOUSE BILL 24-1448 (C) The average of the district's pupil enrollment for the applicable
budget year and the district's pupil enrollment for the two immediately
preceding budget years; or
(D) The average of the district's pupil enrollment for the applicable
budget year and the district's pupil enrollment for the three immediately
preceding budget years; or
(E) The average of the district's pupil enrollment for the applicable
budget year and the district's pupil enrollment for the four immediately
preceding budget years.
(II) Notwithstanding any provision of law to the contrary, for
purposes of subparagraph (I) of this paragraph (e), a district's funded pupil
count shall include the certified pupil enrollment and online pupil
enrollment of each operating institute charter school for which the district
is the accounting district. The department of education shall add the
institute charter school's certified pupil enrollment and online pupil
enrollment to the funded pupil count of the district prior to calculating the
district's total program pursuant to section 22-54-104.
(III) Repealed.
(IV) The general assembly hereby finds and declares that for the
purposes of section 17 of article IX of the state constitution, averaging a
district's pupil enrollment for the applicable budget year and the district's
pupil enrollment for the four immediately preceding budget years pursuant
to sub-subparagraph (E) of subparagraph (I) of this paragraph (e) is a
program for accountable education reform and may therefore receive
funding from the state education fund created in section 17 (4) of article IX
of the state constitution.
(V) Notwithstanding any provision of law to the contrary, for the
2010-11 budget year and each budget year thereafter, for the purposes of
this paragraph (e), a district's pupil enrollment for the applicable budget
year and a district's pupil enrollment for any preceding budget year shall not
include any pupil who is or was enrolled in a charter school that was
originally authorized by the district but was subsequently converted, on or
after July 1, 2010, to an institute charter school or to a charter school of a
district contiguous to the originally authorizing district.
PAGE 12-HOUSE BILL 24-1448 (VI) Notwithstanding any provision of this paragraph (e) to the
contrary, for the 2013-14 budget year and each budget year thereafter, for
the purposes of this subsection (7), if a district's funded pupil count
calculated pursuant to this subsection (7) for a budget year is fewer than
fifty pupils, the district's funded pupil count for the budget year is fifty
pupils.
(VII) For the 2019-20 budget year and each budget year thereafter,
solely for the purpose of averaging pupil enrollment pursuant to subsection
(7)(e)(I) of this section for a district that operates a full-day kindergarten
educational program, the department of education shall adjust the district's
pupil enrollments for the 2018-19, 2017-18, 2016-17, and 2015-16 budget
years by counting each pupil enrolled in a full-day kindergarten educational
program in one of those budget years as a full-time student. The adjustment
to pupil enrollment made pursuant to this subsection (7)(e)(VII) does not
affect or change the funded pupil count used to calculate a district's fiscal
year spending limitation pursuant to section 20 of article X of the state
constitution for a budget year commencing before July 1, 2019.
(f) (I) For budget years commencing on and after July 1, 2023, the
district's online pupil enrollment for the applicable budget year plus the
district's supplemental kindergarten enrollment for the applicable budget
year plus the district's extended high school pupil enrollment for the
applicable budget year, plus the greater of:
(A) The district's pupil enrollment for the applicable budget year; or
(B) The average of the district's pupil enrollment for the applicable
budget year and the district's pupil enrollment for the immediately
preceding budget year; or
(C) The average of the district's pupil enrollment for the applicable
budget year and the district's pupil enrollment for the two immediately
preceding budget years; or
(D) The average of the district's pupil enrollment for the applicable
budget year and the district's pupil enrollment for the three immediately
preceding budget years; or
(E) The average of the district's pupil enrollment for the applicable
PAGE 13-HOUSE BILL 24-1448 budget year and the district's pupil enrollment for the four immediately
preceding budget years.
(II) Notwithstanding any provision of law to the contrary, for
purposes of subsection (7)(f)(I) of this section, a district's funded pupil
count includes the certified pupil enrollment and online pupil enrollment of
each operating institute charter school for which the district is the
accounting district, as provided pursuant to subsections (7)(f)(II.5) and
(7)(f)(II.6) of this section. The department of education shall add the
institute charter school's certified pupil enrollment and online pupil
enrollment to the funded pupil count of the district prior to calculating the
district's total program pursuant to section 22-54-104.
(II.5) For purposes of subsection (7)(f)(II) of this section, each
operating institute charter school's certified pupil enrollment is the greater
of:
(A) The operating institute charter school's pupil enrollment for the
applicable budget year;
(B) The average of the operating institute charter school's pupil
enrollment for the applicable budget year and the operating institute charter
school's pupil enrollment for the immediately preceding budget year;
(C) The average of the operating institute charter school's pupil
enrollment for the applicable budget year and the operating institute charter
school's pupil enrollment for the two immediately preceding budget years;
(D) The average of the operating institute charter school's pupil
enrollment for the applicable budget year and the operating institute charter
school's pupil enrollment for the three immediately preceding budget years;
or
(E) The average of the operating institute charter school's pupil
enrollment for the applicable budget year and the operating institute charter
school's pupil enrollment for the four immediately preceding budget years.
(II.6) Notwithstanding any provision of law to the contrary, for
purposes of subsection (7)(f)(II.5) of this section, an operating institute
charter school's pupil enrollment includes its online pupil enrollment,
PAGE 14-HOUSE BILL 24-1448 except for multi-district online school pupil enrollment.
(III) The general assembly finds and declares that for the purposes
of section 17 of article IX of the state constitution, averaging a district's
pupil enrollment for the applicable budget year and the district's pupil
enrollment for the four immediately preceding budget years pursuant to
subsection (7)(f)(I)(E) of this section, and the averaging of an operating
institute charter school's pupil enrollment and online pupil enrollment
pursuant to subsections (7)(f)(II.5) and (7)(f)(II.6), is a program for
accountable education reform and may therefore receive funding from the
state education fund created in section 17 (4) of article IX of the state
constitution.
(IV) Notwithstanding any provision of law to the contrary, for the
2010-11 budget year and each budget year thereafter, for the purposes of
this subsection (7)(f), a district's pupil enrollment for the applicable budget
year and a district's pupil enrollment for any preceding budget year do not
include any pupil who is or was enrolled in a charter school that was
originally authorized by the district but was subsequently converted, on or
after July 1, 2010, to an institute charter school or to a charter school of a
district contiguous to the originally authorizing district.
(V) Notwithstanding any provision of this subsection (7)(f) to the
contrary, for the 2013-14 budget year and each budget year thereafter, for
the purposes of this subsection (7), if a district's funded pupil count
calculated pursuant to this subsection (7) for a budget year is fewer than
fifty pupils, the district's funded pupil count for the budget year is fifty
pupils.
(VI) For the 2019-20 budget year and each budget year thereafter,
solely for the purpose of averaging pupil enrollment pursuant to subsection
(7)(f)(I) of this section for a district that operates a full-day kindergarten
educational program, the department of education shall adjust the district's
pupil enrollments for the 2018-19, 2017-18, 2016-17, and 2015-16 budget
years by counting each pupil enrolled in a full-day kindergarten educational
program in one of those budget years as a full-time student. The adjustment
to pupil enrollment made pursuant to this subsection (7)(f)(VI) does not
affect or change the funded pupil count used to calculate a district's fiscal
year spending limitation pursuant to section 20 of article X of the state
constitution for a budget year commencing before July 1, 2019.
PAGE 15-HOUSE BILL 24-1448 (8.5) (a) "Online pupil enrollment" means:
(II) For the 2008-09 budget year, and for budget years thereafter,
The number of pupils, on the pupil enrollment count day within the
applicable budget year, enrolled in, attending, and actively participating in
a multi-district online school, as defined in section 22-30.7-102 (6), created
pursuant to article 30.7 of this title
TITLE 22.
(b) For budget years beginning on or after July 1, 2004, A district's
online pupil enrollment shall include INCLUDES the certified online pupil
enrollment of each operating institute charter school for which the district
is the accounting district. The department of education shall add the
institute charter school's certified online pupil enrollment to the online pupil
enrollment of the district prior to calculating the district's total program.
pursuant to section 22-54-104.
(10) (a) (II) "Pupil enrollment" shall include INCLUDES:
(A) For the 2007-08 budget year, a pupil who was enrolled during
the 2001-02 school year in an online program authorized pursuant to section
22-33-104.6, as it existed prior to July 1, 2007, and who is enrolled and
participates in any such online program on October 1 within the applicable
budget year or the school day nearest said date.
(B) For the 2008-09 budget year, and for budget years thereafter, A
pupil who is enrolled in, attending, and actively participating in a
single-district online program or online school operated pursuant to article
30.7 of this title
TITLE 22.
(III.5) For the 2009-10 budget year and budget years thereafter,
"pupil enrollment" shall include "PUPIL ENROLLMENT" INCLUDES any
juvenile to whom the school district is providing educational services
pursuant to section 22-32-141 as of the pupil enrollment count day of the
applicable budget year.
(V) Notwithstanding the provisions of this paragraph (a), for the
2008-09 budget year and each budget year thereafter, "pupil enrollment"
shall not "PUPIL ENROLLMENT" DOES NOT include a pupil who is placed in
a facility, as defined in section 22-2-402 (3), and is receiving services
through an approved facility school, as defined in section 22-2-402 (1).
PAGE 16-HOUSE BILL 24-1448 (b) (I) For budget years commencing before the 2019-20 budget
year, a pupil enrolled in a kindergarten educational program pursuant to
section 22-32-119 (1) is counted as not more than a half-day pupil. For the
2019-20 budget year and each budget year thereafter, A pupil WHO IS
enrolled in a kindergarten educational program pursuant to section
22-32-119 is counted as a full-time pupil, except as otherwise provided in
subsection (10)(e.5)(I) of this section. For the 2005-06 budget year and each
budget year thereafter, A district shall count and receive funding only for
pupils enrolled in a kindergarten educational program who are:
(d) (I) For budget years commencing prior to July 1, 2023, a three-
or four-year-old pupil with a disability receiving an educational program
under the "Exceptional Children's Educational Act", article 20 of this title,
shall be counted as a half-day pupil.
(II) Notwithstanding any provision of this subsection (10) to the
contrary, for budget years commencing on or after July 1, 2005, but prior
to July 1, 2023, a district may choose to determine the number of three- and
four-year-old pupils with disabilities enrolled and receiving educational
programs under the "Exceptional Children's Educational Act", article 20 of
this title 22, as of November 1 within the applicable budget year or the
school date nearest said date, rather than on the pupil enrollment count day,
as evidenced by the actual attendance of such pupils on November 1 or the
school date nearest said date. The "pupil enrollment" of the district must
include the number of pupils so enrolled who are counted as half-day
pupils.
(III) For the 2023-24 budget year and budget years thereafter, A
district shall not include a three- or four-year-old pupil with a disability who
is receiving an educational program under the "Exceptional Children's
Educational Act", article 20 of this title 22, but is not enrolled in
kindergarten, in the district's pupil enrollment, but shall certify to the
department the number of said
three- and four-year-old pupils with
disabilities who are receiving an educational program from the district for
purposes of receiving funding pursuant to part 1 of article 20 of this title 22.
(f) (I) For budget years commencing before July 1, 2023, in
certifying the district's pupil enrollment to the state board pursuant to the
provisions of section 22-54-112, the district shall specify the number of
pupils enrolled in kindergarten through twelfth grade, specifying those who
PAGE 17-HOUSE BILL 24-1448 are enrolled as full-time pupils and those who are enrolled as less than
full-time pupils; the number of expelled pupils receiving educational
services pursuant to section 22-33-203; the number of pupils enrolled in the
district's preschool program; the number of pupils receiving educational
programs under the "Exceptional Children's Educational Act", article 20 of
this title 22; the number of at-risk pupils; and the number of English
language learner pupils.
(II) For the 2023-24 budget year and each budget year thereafter, In
certifying the district's pupil enrollment to the state board pursuant to the
provisions of section 22-54-112, the district shall specify the number of
pupils enrolled in kindergarten through twelfth grade, specifying those who
are enrolled as full-time pupils and those who are enrolled as less than
full-time pupils; the number of expelled pupils receiving educational
services pursuant to section 22-33-203; the number of at-risk pupils; the
number of English language learner pupils; and the number of pupils
receiving educational programs under the "Exceptional Children's
Educational Act", article 20 of this title 22, who are enrolled in kindergarten
through twelfth grade.
(g) For the 2018-19 and 2019-20 budget years, a district may include
in its pupil enrollment pupils who are enrolled in a school that was
designated pursuant to section 22-35-103 (10) as an early college before
June 6, 2018, and who, after completing four years of high school, enroll for
the 2018-19 or 2019-20 budget years in postsecondary courses.
(h) (I) For the 2019-20 budget year and each budget year thereafter,
With regard to a pupil who is simultaneously enrolled in a district or
institute charter school and in one or more postsecondary courses, a district
or institute charter school must submit evidence of:
(10.5) (b) On or before July 1, 2012,
The state board shall
promulgate rules establishing the meaning of "major religious holiday" for
the purposes of this subsection (10.5).
(10.8) "S
PECIAL EDUCATION PUPILS" MEANS THE NUMBER OF
DISTRICT PUPILS WHO ARE CHILDREN WITH DISABILITIES
, AS DEFINED IN
SECTION
22-20-103 (5).
(14) (a) "Statewide average percentage of at-risk pupils" means, for
PAGE 18-HOUSE BILL 24-1448 budget years commencing prior to July 1, 2023, the total number of at-risk
pupils in all districts, as determined in accordance with subsection (1.5) of
this section, divided by the pupil enrollment of all districts, as determined
in accordance with subsection (10) of this section; except that pupil
enrollment does not include the number of pupils enrolled in the Colorado
preschool program pursuant to article 28 of this title and the number of
three-year-old or four-year-old pupils with disabilities receiving educational
programs pursuant to article 20 of this title.
(b) "Statewide average percentage of at-risk pupils" means for the
2023 budget year and each budget year thereafter, the total number of
at-risk pupils in all districts, as determined in accordance with subsection
(1.5) of this section, divided by the pupil enrollment of all districts, as
determined in accordance with subsection (10) of this section.
(15) "Supplemental kindergarten enrollment" means the number
calculated by subtracting five-tenths from the full-day kindergarten factor
for the applicable budget year and then multiplying that number by the
number of pupils in the district who are enrolled part-time in a kindergarten
educational program for the applicable budget year. For the purposes of this
subsection (15), the full-day kindergarten factor for the 2008-09 budget year
and each budget year thereafter is fifty-eight hundredths of a full-day pupil.
SECTION 4. In Colorado Revised Statutes, add 22-54-103.1 as
follows:
22-54-103.1. Protection of student data. N
OTWITHSTANDING ANY
PROVISION OF THIS ARTICLE
54, THE DEPARTMENT OF EDUCATION, THE STATE
CHARTER SCHOOL INSTITUTE
, AND EACH SCHOOL DISTRICT AND PUBLIC
SCHOOL SHALL COMPLY WITH ALL FEDERAL AND STATE LAWS REGARDING
THE PROTECTION OF STUDENT DATA
, INCLUDING THE FEDERAL "FAMILY
EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974", 20 U.S.C. SEC. 1232g,
AS AMENDED, AND ALL REGULATIONS AND GUIDELINES ADOPTED PURSUANT
TO IT
, AND THE "STUDENT DATA TRANSPARENCY AND SECURITY ACT",
ARTICLE 16 OF THIS TITLE 22, AND ANY RULES PROMULGATED PURSUANT TO
IT
. AT A MINIMUM, THIS INCLUDES REDACTING INFORMATION AS REQUIRED
TO COMPLY WITH FEDERAL AND STATE LAWS REGARDING THE PROTECTION
OF STUDENT DATA IN PUBLISHED DOCUMENTS OR REPORTS REGARDING
FUNDING PURSUANT TO THIS ARTICLE
54.
PAGE 19-HOUSE BILL 24-1448 SECTION 5. In Colorado Revised Statutes, add 22-54-103.2 as
follows:
22-54-103.2. District total program formula report.
(1) B
EGINNING JANUARY 2026, AND EACH JANUARY THEREAFTER , THE
DEPARTMENT OF EDUCATION SHALL REPORT
, AT A MINIMUM , THE
INFORMATION DESCRIBED IN SUBSECTION
(2) OF THIS SECTION TO THE
EDUCATION COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE
SENATE
, OR THEIR SUCCESSOR COMMITTEES, AS PART OF THE "SMART ACT"
PRESENTATION REQUIRED PURSUANT TO PART 2 OF ARTICLE 7 OF TITLE 2.
(2) I
N ITS REPORT DESCRIBED PURSUANT TO SUBSECTION (1) OF THIS
SECTION
, THE DEPARTMENT OF EDUCATION SHALL REPORT , AT A MINIMUM,
DATA DEMONSTRATING :
(a) T
HE SUCCESSES AND CHALLENGES OF DETERMINING A DISTRICT 'S
TOTAL PROGRAM PURSUANT TO SECTION
22-54-103.3 FOR REPORTS
CONCERNING THE
2025-26 BUDGET YEAR THROUGH THE 2029-30 BUDGET
YEAR
, AND THE SUCCESSES AND CHALLENGES OF DETERMINING A DISTRICT 'S
TOTAL PROGRAM PURSUANT TO SECTION
22-54-103.5 FOR REPORTS
CONCERNING THE
2030-31 BUDGET YEAR AND EACH BUDGET YEAR
THEREAFTER
;
(b) H
OW DISTRICT TOTAL PROGRAM , DETERMINED PURSUANT TO
SECTION
22-54-103.3 FOR REPORTS CONCERNING THE 2025-26 BUDGET YEAR
THROUGH THE
2029-30 BUDGET YEAR AND DETERMINED PURS UANT TO
SECTION
22-54-103.5 FOR REPORTS CONCERNING THE 2030-31 BUDGET YEAR
AND EACH BUDGET YEAR THEREAFTER
, IS BEING USED AT THE SCHOOL
LEVEL
, INCLUDING TRADITIONAL PUBLIC SCHOOLS , DISTRICT CHARTER
SCHOOLS
, AND INSTITUTE CHARTER SCHOOLS , AND INFORMATION
CURRENTLY REPORTED BY THE DEPARTMENT OF EDUCATION IN DISTRICT
PERFORMANCE SNAPSHOTS
; AND
(c) TRENDS AND CHALLENGES WITH DECLINING PUPIL ENROLLMENT ,
INFLUXES OF NEW ARRIVAL STUDENTS , AND STUDENTS WHO ENROLL IN OR
DISENROLL FROM ANY PUBLIC SCHOOL
, INCLUDING CHARTER SCHOOLS.
(3) A
T A MINIMUM, THE DATA DESCRIBED IN SUBSECTION (2) OF THIS
SECTION MUST INCLUDE
:
PAGE 20-HOUSE BILL 24-1448 (a) THE STATEWIDE AVERAGE AMOUNT OF PER PUPIL REVENUE FOR
AN AT
-RISK PUPIL;
(b) T
HE STATEWIDE AVERAGE AMOUNT OF PER PUPIL REVENUE FOR
AN
ENGLISH LANGUAGE LEARNER PUPIL ;
(c) T
HE STATEWIDE AVERAGE AMOUNT OF PER PUPIL REVENUE FOR
A SPECIAL EDUCATION PUPIL
;
(d) T
HE DISTRICT AVERAGE AMOUNT OF PER PUPIL REVENUE FOR AN
AT
-RISK PUPIL;
(e) T
HE DISTRICT AVERAGE AMOUNT OF PER PUPIL REVENUE FOR AN
ENGLISH LANGUAGE LEARNER PUPIL ;
(f) T
HE DISTRICT AVERAGE AMOUNT OF PER PUPIL REVENUE FOR A
SPECIAL EDUCATION PUPIL
;
(g) T
HE PER PUPIL REVENUE FOR EACH PUBLIC SCHOOL IN THE
DISTRICT
; AND
(h) THE PROJECTED SHARE OF PER PUPIL REVENUE FOR EACH PUBLIC
SCHOOL IN THE DISTRICT
, BASED ON ENROLLMENT.
(4) N
OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-136
(11)(a)(I),
THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS
SECTION CONTINUES INDEFINITELY
.
SECTION 6. In Colorado Revised Statutes, add 22-54-103.3 as
follows:
22-54-103.3. District total program - 2025-26 through 2029-30
budget years - definitions - repeal. (1) (a) N
OTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY
, FOR THE 2025-26 BUDGET YEAR
THROUGH THE
2029-30 BUDGET YEAR, THE DEPARTMENT OF EDUCATION
SHALL DETERMINE EACH DISTRICT
'S TOTAL PROGRAM PURSUANT TO THIS
SECTION
. THE DISTRICT'S TOTAL PROGRAM IS AVAILABLE TO THE DISTRICT
TO FUND THE COSTS OF PROVIDING PUBLIC EDUCATION
, AND, EXCEPT AS
OTHERWISE PROVIDED IN SECTION
22-54-105, THE DISTRICT HAS THE
DISCRETION TO DETERMINE THE AMOUNTS AND PURPOSES FOR BUDGETING
PAGE 21-HOUSE BILL 24-1448 AND EXPENDING ITS DISTRICT TOTAL PROGRAM MONEY .
(b) N
OTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION TO THE
CONTRARY
, IF A DISTRICT IS AN INSTITUTE CHARTER SCHOOL'S ACCOUNTING
DISTRICT
, THEN THE DISTRICT TOTAL PROGRAM DETERMINATION PURSUANT
TO THIS SECTION ALSO REPRESENTS THE INSTITUTE CHARTER SCHOOL
'S
FINANCIAL BASE OF SUPPORT FOR PUBLIC EDUCATION
, EVEN THOUGH THE
INSTITUTE CHARTER SCHOOL IS NOT THE DISTRICT
'S SCHOOL. THE AMOUNT
OF THE DISTRICT
'S STATE SHARE OF TOTAL PROGRAM THAT IS WITHHELD
FROM THE DISTRICT AND PAID TO THE STATE CHARTER SCHOOL INSTITUTE
PURSUANT TO SECTION
22-54-115 (1.3) IS NOT AVAILABLE TO OR UNDER THE
CONTROL OF THE DISTRICT BUT IS AVAILABLE TO AND UNDER THE CONTROL
OF THE INSTITUTE CHARTER SCHOOL
'S GOVERNING BOARD TO FUND THE
COSTS OF PROVIDING PUBLIC EDUCATION TO STUDENTS ENROLLED IN THE
INSTITUTE CHARTER SCHOOL
. THE INSTITUTE CHARTER SCHOOL HAS THE
DISCRETION TO DETERMINE THE AMOUNTS AND PURPOSES FOR BUDGETING
AND EXPENDING ITS TOTAL PROGRAM MONEY
.
(c) A
S USED IN THIS SECTION, "FOR THE 2025-26 BUDGET YEAR
THROUGH THE
2029-30 BUDGET YEAR" MEANS THE 2025-26 BUDGET YEAR,
THE 2026-27 BUDGET YEAR, THE 2027-28 BUDGET YEAR, THE 2028-29
BUDGET YEAR, AND THE 2029-30 BUDGET YEAR.
(2) F
OR THE 2025-26 BUDGET YEAR THROUGH THE 2029-30 BUDGET
YEAR
, THE DEPARTMENT OF EDUCATION SHALL CALCULATE EACH DISTRICT 'S
TOTAL PROGRAM PURSUANT TO SECTIONS
22-54-103.5 AND 22-54-104.
(3)
FOR THE 2025-26 BUDGET YEAR THROUGH THE 2029-30 BUDGET
YEAR
, A DISTRICT'S TOTAL PROGRAM IS THE GREATER OF THE DISTRICT 'S
TOTAL PROGRAM CALCULATION PURSUANT TO SECTION
22-54-104 PLUS
ONE
-HALF PERCENT OF THE DISTRICT 'S TOTAL PROGRAM CALCULATION
PURSUANT TO SECTION
22-54-104, OR:
(a) F
OR THE 2025-26 BUDGET YEAR, THE AMOUNT CALCULATED
PURSUANT TO SECTION
22-54-104 PLUS AN AMOUNT EQUAL TO EIGHTEEN
PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICT
'S TOTAL PROGRAM
CALCULATION PURSUANT TO SECTION
22-54-103.5 AND THE DISTRICT'S
TOTAL PROGRAM CALCULATION PURSUANT TO SECTION
22-54-104;
(b) F
OR THE 2026-27 BUDGET YEAR, THE AMOUNT CALCULATED
PAGE 22-HOUSE BILL 24-1448 PURSUANT TO SECTION 22-54-104 PLUS AN AMOUNT EQUAL TO THIRTY-FOUR
PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICT
'S TOTAL PROGRAM
CALCULATION PURSUANT TO SECTION
22-54-103.5 AND THE DISTRICT'S
TOTAL PROGRAM CALCULATION PURSUANT TO SECTION
22-54-104;
(c) F
OR THE 2027-28 BUDGET YEAR, THE AMOUNT CALCULATED
PURSUANT TO SECTION
22-54-104 PLUS AN AMOUNT EQUAL TO FIFTY
PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICT
'S TOTAL PROGRAM
CALCULATION PURSUANT TO SECTION
22-54-103.5 AND THE DISTRICT'S
TOTAL PROGRAM CALCULATION PURSUANT TO SECTION
22-54-104;
(d) F
OR THE 2028-29 BUDGET YEAR, THE AMOUNT CALCULATED
PURSUANT TO SECTION
22-54-104 PLUS AN AMOUNT EQUAL TO SIXTY -SIX
PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICT
'S TOTAL PROGRAM
CALCULATION PURSUANT TO SECTION
22-54-103.5 AND THE DISTRICT'S
TOTAL PROGRAM CALCULATION PURSUANT TO SECTION
22-54-104; AND
(e) FOR THE 2029-30 BUDGET YEAR, THE AMOUNT CALCULATED
PURSUANT TO SECTION
22-54-104 PLUS AN AMOUNT EQUAL TO EIGHTY-TWO
PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICT
'S TOTAL PROGRAM
CALCULATION PURSUANT TO SECTION
22-54-103.5 AND THE DISTRICT'S
TOTAL PROGRAM CALCULATION PURSUANT TO SECTION
22-54-104.
(4) F
OR THE 2024-25 BUDGET YEAR THROUGH THE 2029-30 BUDGET
YEAR
, THE JOINT BUDGET COMMITTEE SHALL MONITOR THE FISCAL IMPACT
OF THE DISTRICT TOTAL PROGRAM DETERMINATIONS PURSUANT TO THIS
SECTION AND THE FISCAL IMPACT OF THE TRANSITION TO THE TOTAL
PROGRAM FORMULA PURSUANT TO SECTION
22-54-103.5. AT A MINIMUM,
THE JOINT BUDGET COMMITTEE SHALL CONSIDER IMMEDIATE AND
FORECASTED ECONOMIC CONDITIONS
, THE IMPACT OR TREND OF THE
STATEWIDE TOTAL LOCAL SHARE OF TOTAL PROGRAM FUNDING
, THE IMPACT
OR TREND OF THE STATE EDUCATION FUND
, AND ANY OTHER DATA-DRIVEN
CONSIDERATIONS NECESSARY TO ENSURE THE SUSTAINABLE TRANSITION TO
AND IMPLEMENTATION OF A NEW TOTAL PROGRAM FORMULA
. THE JOINT
BUDGET COMMITTEE AND THE GENERAL ASSEMBLY MAY TAKE ACTION
NECESSARY TO ENSURE THE SUSTAINABLE TRANSITION TO AND
IMPLEMENTATION OF A NEW TOTAL PROGRAM FORMULA
. ON OR AFTER
JANUARY 1, 2025, WHEN THE DEPARTMENT OF EDUCATION MAKES MID -YEAR
ADJUSTMENTS
, THE JOINT BUDGET COMMITTEE SHALL DEVELOP A
SUSTAINABILITY PLAN THAT MAKES FINDINGS AND RECOMMENDATIONS
PAGE 23-HOUSE BILL 24-1448 REGARDING HOW THE GENERAL ASSEMBLY CAN FULLY FUND TOTAL
PROGRAM DETERMINATIONS PURSUANT TO SECTIONS
22-54-103.3 AND
22-54-103.5. ON OR AFTER JANUARY 1, 2026, AND ON OR AFTER JANUARY
1 EACH YEAR THEREAFTER, WHEN THE DEPARTMENT OF EDUCATION MAKES
MID
-YEAR ADJUSTMENTS, THE JOINT BUDGET COMMITTEE SHALL REVIEW THE
SUSTAINABILITY PLAN AND UPDATE IT AS NECESSARY
.
(5) (a) A
S USED IN THIS SUBSECTION (5), UNLESS THE CONTEXT
OTHERWISE REQUIRES
:
(I) "A
SSESSMENT YEAR" MEANS A BUDGET YEAR WHEN THE LATTER
HALF OF THE BUDGET YEAR OCCURS DURING AN EVEN
-NUMBERED CALENDAR
YEAR
.
(II) "I
NFLATION" MEANS, FOR ANY BUDGET YEAR , THE ANNUAL
PERCENTAGE CHANGE IN THE
UNITED STATES DEPARTMENT OF LABOR
STATISTICS CONSUMER PRICE INDEX FOR
DENVER-BOULDER, OR ITS
APPLICABLE SUCCESSOR INDEX
, FOR ALL ITEMS PAID BY ALL URBAN
CONSUMERS FOR THE CALENDAR YEAR BEFORE THE APPLICABLE BUDGET
YEAR
.
(III) "N
ON-ASSESSMENT YEAR" MEANS A BUDGET YEAR WHEN THE
LATTER HALF OF THE BUDGET YEAR OCCURS DURING AN ODD
-NUMBERED
CALENDAR YEAR
.
(b) (I) N
OTWITHSTANDING ANY PROVISION OF THIS ARTICLE 54, FOR
THE
2024-25 BUDGET YEAR THROUGH THE 2029-30 BUDGET YEARS, IF THE
JOINT BUDGET COMMITTEE DETERMINES THAT ANY ONE OF THE CONDITIONS
DESCRIBED IN SUBSECTION
(5)(c) OF THIS SECTION OCCURRED:
(A) F
OR THE NEXT BUDGET YEAR , AND FOR EACH BUDGET YEAR
THEREAFTER
, THE DEPARTMENT OF EDUCATION SHALL CALCULATE AND
DETERMINE EACH DISTRICT
'S TOTAL PROGRAM PURSUANT TO THE
CALCULATION AND DETERMINATION REQUIRED FOR THE B UDGET YEAR WHEN
THE CONDITION DESCRIBED IN SUBSECTION
(5)(c) OF THIS SECTION
OCCURRED
; AND
(B) THE JOINT BUDGET COMMITTEE SHALL PROMPTLY NOTIFY THE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
; THE PRESIDENT OF THE
SENATE
; THE MINORITY LEADERS OF THE HOUSE OF REPRESENTATIVES AND
PAGE 24-HOUSE BILL 24-1448 THE SENATE; THE EDUCATION COMMITTEES OF THE HOUSE OF
REPRESENTATIVES AND THE SENATE
, OR ANY SUCCESSOR COMMITTEES; AND
THE COMMISSIONER OF THE DEPARTMENT OF EDUCATION THAT THE
CONDITION DESCRIBED IN SUBSECTION
(5)(c) OF THIS SECTION OCCURRED,
AND THAT EACH DISTRICT'S TOTAL PROGRAM WILL BE CALCULATED AND
DETERMINED PURSUANT TO SUBSECTION
(5)(b)(I) OF THIS SECTION FOR THE
NEXT BUDGET YEAR
, AND FOR EACH BUDGET YEAR THEREAFTER .
(II) N
OTWITHSTANDING ANY PROVISION OF THIS ARTICLE 54, DURING
THE
2024-25 BUDGET YEAR, IF THE JOINT BUDGET COMMITTEE DETERMINES
THAT ANY ONE OF THE CONDITIONS DESCRIBED IN SUBSECTION
(5)(c) OF THIS
SECTION OCCURRED
, FOR THE 2025-26 BUDGET YEAR, THE DEPARTMENT OF
EDUCATION SHALL CALCULATE AND DETERMINE EACH DISTRICT
'S TOTAL
PROGRAM PURSUANT TO THE CALCULATION AND DETERMINATION REQUIRED
PURSUANT TO SECTION
22-54-104.
(c) (I) T
HE REQUIREMENTS DESCRIBED IN SUBSECTION (5)(b) OF THIS
SECTION ARE INITIATED IF
:
(A) I
N AN ASSESSMENT YEAR , THE PERCENT CHANGE IN THE
STATEWIDE TOTAL LOCAL SHARE OF TOTAL PROGRAM FUNDING FOR THE
CURRENT BUDGET YEAR TO THE STATEWIDE TOTAL LOCAL SHARE OF THE
TOTAL PROGRAM FUNDING FOR THE PRIOR BUDGET YEAR IS AN AMOUNT
THAT IS LESS THAN INFLATION MINUS TWO PERCENT
;
(B) I
N A NON-ASSESSMENT YEAR, THE STATEWIDE TOTAL LOCAL
SHARE OF TOTAL PROGRAM FUNDING FOR THE CURRENT BUDGET YEAR
COMPARED TO THE STATEWIDE TOTAL LOCAL SHARE OF THE TOTAL PROGRAM
FUNDING FOR THE PRIOR BUDGET YEAR IS AN AMOUNT THAT DECREASED BY
TWO PERCENT OR MORE
; OR
(C) IN EITHER AN ASSESSMENT YEAR OR A NON -ASSESSMENT YEAR,
THE MARCH REVENUE FORECAST RELIED ON BY THE GENERAL ASSEMBLY IN
SETTING THE BUDGET FOR THE NEXT STATE FISCAL YEAR ESTIMATES THAT
THE INCOME TAX DIVERSION TO THE STATE EDUCATION FUND
, AS REQUIRED
PURSUANT TO SECTION
17 OF ARTICLE IX OF THE STATE CONSTITUTION, WILL
DECREASE BY FIVE PERCENT OR MORE IN EITHER THE CURRENT BUDGET YEAR
OR THE NEXT BUDGET YEAR
.
(II) T
HE REQUIREMENTS DESCRIBED IN SUBSECTION (5)(b) OF THIS
PAGE 25-HOUSE BILL 24-1448 SECTION ARE INITIATED IF ANY OF THE FOLLOWING ESTIMATE THAT THE
CONDITIONS DESCRIBED IN SUBSECTION
(5)(c)(I)(A) OR (5)(c)(I)(B) OF THIS
SECTION WILL OCCUR
:
(A) I
NFORMATION CONCERNING LOCAL SHARE OF TOTAL PROGRAM
FUNDING RELEVANT TO THIS ARTICLE
54 CONTAINED IN A DECEMBER
REVENUE FORECAST PREPARED BY THE LEGISLATIVE COUNCIL STAFF
;
(B) I
NFORMATION CONTAINED IN THE FINAL FISCAL NOTE PREPARED
BY THE LEGISLATIVE COUNCIL STAFF CONCERNING THE ESTIMATED IMPACT
OF AN ACT OF THE GENERAL ASSEMBLY THAT BECOMES LAW THAT REDUCES
PROPERTY TAXES
; OR
(C) INFORMATION CONTAINED IN THE FISCAL IMPACT STATEMENT IN
THE BALLOT INFORMATION BOOKLET PREPARED BY THE DIRECTOR OF
RESEARCH OF THE LEGISLATIVE COUNCIL OF THE GENERAL ASSEMBLY
PURSUANT TO SECTION
1-40-124.5, CONCERNING THE ESTIMATED IMPACT OF
AN INITIATIVE OR REFERRED MEASURE THAT IS APPROVED BY THE PEOPLE
AND BECOMES LAW UPON OFFICIAL DECLARATION OF THE VOTE BY THE
GOVERNOR
, THAT REDUCES PROPERTY TAXES .
(6) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2031.
SECTION 7. In Colorado Revised Statutes, add 22-54-103.5 as
follows:
22-54-103.5. District total program - rules - legislative
declaration - repeal. (1) (a) F
OR THE 2030-31 BUDGET YEAR AND EACH
BUDGET YEAR THEREAFTER
, THE DEPARTMENT OF EDUCATION SHALL USE
THIS SECTION TO DETERMINE EACH DISTRICT
'S TOTAL PROGRAM. THE
DISTRICT
'S TOTAL PROGRAM IS AVAILABLE TO THE DISTRICT TO FUND THE
COSTS OF PROVIDING PUBLIC EDUCATION
, AND, EXCEPT AS OTHERWISE
PROVIDED IN SECTION
22-54-105, THE DISTRICT HAS THE DISCRETION TO
DETERMINE THE AMOUNTS AND PURPOSES FOR BUDGETING AND EXPENDING
ITS DISTRICT TOTAL PROGRAM MONEY
.
(b) N
OTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION TO THE
CONTRARY
, IF A DISTRICT IS AN INSTITUTE CHARTER SCHOOL'S ACCOUNTING
DISTRICT
, THEN THE DISTRICT TOTAL PROGRAM DETERMINATION PURSUANT
TO THIS SECTION ALSO REPRESENTS THE INSTITUTE CHARTER SCHOOL
'S
PAGE 26-HOUSE BILL 24-1448 FINANCIAL BASE OF SUPPORT FOR PUBLIC EDUCATION , EVEN THOUGH THE
INSTITUTE CHARTER SCHOOL IS NOT THE DISTRICT
'S SCHOOL. THE AMOUNT
OF THE DISTRICT
'S STATE SHARE OF TOTAL PROGRAM THAT IS WITHHELD
FROM THE DISTRICT AND PAID TO THE STATE CHARTER SCHOOL INSTITUTE
PURSUANT TO SECTION
22-54-115 (1.3) IS NOT AVAILABLE TO OR UNDER THE
CONTROL OF THE DISTRICT BUT IS AVAILABLE TO AND UNDER THE CONTROL
OF THE INSTITUTE CHARTER SCHOOL
'S GOVERNING BOARD TO FUND THE
COSTS OF PROVIDING PUBLIC EDUCATION TO STUDENTS ENROLLED IN THE
INSTITUTE CHARTER SCHOOL
. THE INSTITUTE CHARTER SCHOOL HAS THE
DISCRETION TO DETERMINE THE AMOUNTS AND PURPOSES FOR BUDGETING
AND EXPENDING ITS TOTAL PROGRAM MONEY
.
(c) (I) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY
, FOR THE 2025-26 BUDGET YEAR THROUGH THE 2029-30 BUDGET
YEAR
, THE DEPARTMENT OF EDUCATION SHALL CALCULATE EACH DISTRICT 'S
TOTAL PROGRAM PURSUANT TO THIS SECTION FOR THE PURPOSE OF
DETERMINING EACH DISTRICT
'S TOTAL PROGRAM PURSUANT TO SECTION
22-54-103.3. THE DISTRICT'S TOTAL PROGRAM IS AVAILABLE TO THE
DISTRICT TO FUND THE COSTS OF PROVIDING PUBLIC EDUCATION
, AND,
EXCEPT AS OTHERWISE PROVIDED IN SECTION 22-54-105, THE DISTRICT HAS
THE DISCRETION TO DETERMINE THE AMOUNTS AND PURPOSES FOR
BUDGETING AND EXPENDING ITS DISTRICT TOTAL PROGRAM MONEY
.
(II) N
OTWITHSTANDING SUBSECTION (1)(c)(I) OF THIS SECTION TO
THE CONTRARY
, IF A DISTRICT IS AN INSTITUTE CHARTER SCHOOL 'S
ACCOUNTING DISTRICT
, THEN THE DISTRICT TOTAL PROGRAM CALCULATION
PURSUANT TO THIS SECTION ALSO REPRESENTS THE INSTITUTE CHARTER
SCHOOL
'S FINANCIAL BASE OF SUPPORT FOR PUBLIC EDUCATION , EVEN
THOUGH THE INSTITUTE CHARTER SCHOOL IS NOT THE DISTRICT
'S SCHOOL.
T
HE AMOUNT OF THE DISTRICT'S STATE SHARE OF TOTAL PROGRAM THAT IS
WITHHELD FROM THE DISTRICT AND PAID TO THE STATE CHARTER SCHOOL
INSTITUTE PURSUANT TO SECTION
22-54-115 (1.3) IS NOT AVAILABLE TO OR
UNDER THE CONTROL OF THE DISTRICT BUT IS AVAILABLE TO AND UNDER THE
CONTROL OF THE INSTITUTE CHARTER SCHOOL
'S GOVERNING BOARD TO FUND
THE COSTS OF PROVIDING PUBLIC EDUCATION TO STUDENTS ENROLLED IN
THE INSTITUTE CHARTER SCHOOL
. THE INSTITUTE CHARTER SCHOOL HAS THE
DISCRETION TO DETERMINE THE AMOUNTS AND PURPOSES FOR BUDGETING
AND EXPENDING ITS TOTAL PROGRAM MONEY
.
(III) T
HIS SUBSECTION (1)(c) IS REPEALED, EFFECTIVE JULY 1, 2031.
PAGE 27-HOUSE BILL 24-1448 (2) District total program formula. A DISTRICT'S TOTAL PROGRAM
IS
:
D
ISTRICT FOUNDATION FUNDING
+ DISTRICT AT-RISK FUNDING
+ DISTRICT ENGLISH LANGUAGE LEARNER FUNDING
+ DISTRICT SPECIAL EDUCATION FUNDING
+ DISTRICT COST OF LIVING FACTOR FUNDING
+ DISTRICT LOCALE FACTOR FUNDING
+ DISTRICT SIZE FACTOR FUNDING
+ DISTRICT EXTENDED HIGH SCHOOL FUNDING
+ DISTRICT ONLINE FUNDING.
(3) Statewide base per pupil funding. (Reserved)
(4) Funded pupil count. Funded pupil count is:
(a) T
HE DISTRICT'S ONLINE PUPIL ENROLLMENT FOR THE APPLICABLE
BUDGET YEAR PLUS THE DISTRICT
'S SUPPLEMENTAL KINDERGARTEN
ENROLLMENT FOR THE APPLICABLE BUDGET YEAR PLUS THE DISTRICT
'S
EXTENDED HIGH SCHOOL PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET
YEAR PLUS THE GREATER OF
:
(I) T
HE DISTRICT'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET
YEAR
;
(II) T
HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE
APPLICABLE BUDGET YEAR AND THE DISTRICT
'S PUPIL ENROLLMENT FOR THE
IMMEDIATELY PRECEDING BUDGET YEAR
;
(III) T
HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE
APPLICABLE BUDGET YEAR AND THE DISTRICT
'S PUPIL ENROLLMENT FOR THE
TWO IMMEDIATELY PRECEDING BUDGET YEARS
; OR
(IV) THE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE
APPLICABLE BUDGET YEAR AND THE DISTRICT
'S PUPIL ENROLLMENT FOR THE
THREE IMMEDIATELY PRECEDING BUDGET YEARS
.
(b) (I) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY
, FOR PURPOSES OF SUBSECTION (4)(a) OF THIS SECTION, A
PAGE 28-HOUSE BILL 24-1448 DISTRICT'S FUNDED PUPIL COUNT INCLUDES THE CERTIFIED PUPIL
ENROLLMENT AND ONLINE PUPIL ENROLLMENT OF EACH OPERATING
INSTITUTE CHARTER SCHOOL FOR WHICH THE DISTRICT IS THE ACCOUNTING
DISTRICT
, AS PROVIDED PURSUANT TO SUBSECTIONS (4)(b)(II) AND
(4)(b)(III) OF THIS SECTION. THE DEPARTMENT OF EDUCATION SHALL ADD
THE INSTITUTE CHARTER SCHOOL
'S CERTIFIED PUPIL ENROLLMENT AND
ONLINE PUPIL ENROLLMENT TO THE FUNDED PUPIL COUNT OF THE DISTRICT
PRIOR TO CALCULATING THE DISTRICT
'S TOTAL PROGRAM PURSUANT TO THIS
SECTION
.
(II) F
OR PURPOSES OF SUBSECTION (4)(b)(I) OF THIS SECTION, EACH
OPERATING INSTITUTE CHARTER SCHOOL
'S CERTIFIED PUPIL ENROLLMENT IS
THE GREATER OF
:
(A) T
HE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL
ENROLLMENT FOR THE APPLICABLE BUDGET YEAR
;
(B) T
HE AVERAGE OF THE OPERATING INSTITUTE CHARTER SCHOOL 'S
PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND THE OPERATING
INSTITUTE CHARTER SCHOOL
'S PUPIL ENROLLMENT FOR THE IMMEDIATELY
PRECEDING BUDGET YEAR
;
(C) T
HE AVERAGE OF THE OPERATING INSTITUTE CHARTER SCHOOL 'S
PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND THE OPERATING
INSTITUTE CHARTER SCHOOL
'S PUPIL ENROLLMENT FOR THE TWO
IMMEDIATELY PRECEDING BUDGET YEARS
; OR
(D) THE AVERAGE OF THE OPERATING INSTITUTE CHARTER SCHOOL 'S
PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND THE OPERATING
INSTITUTE CHARTER SCHOOL
'S PUPIL ENROLLMENT FOR THE THREE
IMMEDIATELY PRECEDING BUDGET YEARS
.
(III) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY ,
FOR PURPOSES OF SUBSECTION (4)(b)(II) OF THIS SECTION, AN OPERATING
INSTITUTE CHARTER SCHOOL
'S PUPIL ENROLLMENT INCLUDES ITS ONLINE
STUDENT ENROLLMENT
, EXCEPT FOR MULTI-DISTRICT ONLINE SCHOOL
STUDENT ENROLLMENT
.
(c) T
HE GENERAL ASSEMBLY FINDS AND DECLARES THAT FOR THE
PURPOSES OF SECTION
17 OF ARTICLE IX OF THE STATE CONSTITUTION ,
PAGE 29-HOUSE BILL 24-1448 AVERAGING A DISTRICT'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET
YEAR AND THE DISTRICT
'S PUPIL ENROLLMENT FOR THE THREE IMMEDIATELY
PRECEDING BUDGET YEARS PURSUANT TO THIS SUBSECTION
(4), AND
AVERAGING AN OPERATING INSTITUTE CHARTER SCHOOL
'S STUDENT
ENROLLMENT AND ONLINE PUPIL ENROLLMENT PURSUANT TO THIS
SUBSECTION
(4), IS A PROGRAM FOR ACCOUNTABLE EDUCATION REFORM AND
MAY THEREFORE RECEIVE FUNDING FROM THE STATE EDUCATION FUND
CREATED IN SECTION
17 (4) OF ARTICLE IX OF THE STATE CONSTITUTION.
(d) (I) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY
, FOR THE PURPOSES OF THIS SUBSECTION (4), A DISTRICT'S PUPIL
ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND A DISTRICT
'S PUPIL
ENROLLMENT FOR A PRECEDING BUDGET YEAR DO NOT INCLUDE A PUPIL WHO
IS OR WAS ENROLLED IN A CHARTER SCHOOL THAT WAS ORIGINALLY
AUTHORIZED BY THE DISTRICT BUT WAS SUBSEQUENTLY CONVERTED
, ON OR
AFTER
JULY 1, 2010, TO AN INSTITUTE CHARTER SCHOOL OR TO A CHARTER
SCHOOL OF A DISTRICT CONTIGUOUS TO THE ORIGINALLY AUTHORIZING
DISTRICT
.
(II) N
OTWITHSTANDING ANY PROVISION OF THIS SUBSECTION (4) TO
THE CONTRARY
, FOR THE PURPOSES OF THIS SUBSECTION (4), IF A DISTRICT'S
FUNDED PUPIL COUNT CALCULATED PURSUANT TO THIS SUBSECTION
(4) FOR
A BUDGET YEAR IS FEWER THAN SIXTY STUDENTS
, THE DISTRICT'S FUNDED
PUPIL COUNT FOR THE BUDGET YEAR IS SIXTY STUDENTS
.
(5) District foundation funding. A
DISTRICT'S FOUNDATION
FUNDING IS
:
(S
TATEWIDE BASE PER PUPIL FUNDING X (DISTRICT FUNDED PUPIL
COUNT
- DISTRICT EXTENDED HIGH SCHOOL PUPIL ENROLLMENT -
D
ISTRICT ONLINE PUPIL ENROLLMENT)).
(6) District at-risk funding. (a) A
DISTRICT'S AT-RISK FUNDING IS:
(S
TATEWIDE BASE PER PUPIL FUNDING X TWENTY-FIVE PERCENT) X
DISTRICT AT-RISK PUPIL ENROLLMENT.
(b) N
OTWITHSTANDING SUBSECTION (6)(a) OF THIS SECTION, IF A
DISTRICT
'S FUNDED PUPIL COUNT IS LESS THAN SEVEN THOUSAND PUPILS AND
THE DISTRICT PERCENTAGE OF AT
-RISK PUPILS IS SEVENTY PERCENT OR
PAGE 30-HOUSE BILL 24-1448 GREATER, THE DISTRICT'S AT-RISK FUNDING IS:
(S
TATEWIDE BASE PER PUPIL FUNDING X THIRTY-TWO PERCENT)
X DISTRICT AT-RISK PUPIL ENROLLMENT.
(7) District English language learner funding. A
DISTRICT'S
ENGLISH LANGUAGE LEARNER FUNDING IS :
(S
TATEWIDE BASE PER PUPIL FUNDING X TWENTY-FIVE PERCENT) X
DISTRICT ENGLISH LANGUAGE LEARNER PUPIL ENROLLMENT .
(8) District extended high school funding. (a) A
DISTRICT'S
EXTENDED HIGH SCHOOL FUNDING IS
:
(D
ISTRICT EXTENDED HIGH SCHOOL PUPIL ENROLLMENT X $9,588, OR
AN AMOUNT DETERMINED PURSUANT SUBSECTION
(8)(b) OF THIS
SECTION
).
(b) T
HE DOLLAR AMOUNT IN SUBSECTION (8)(a) OF THIS SECTION
MUST INCREASE BY THE SAME PERCENTAGE THAT THE STATEWIDE BASE PER
PUPIL FUNDING FOR THE APPLICABLE BUDGET YEAR IS INCREASED
. THE
AMOUNT MUST BE ROUNDED TO THE NEAREST DOLLAR
.
(9) District online funding. (a) A
DISTRICT'S ONLINE FUNDING IS:
(D
ISTRICT ONLINE PUPIL ENROLLMENT X $9,588, OR AN AMOUNT
DETERMINED PURSUANT TO SUBSECTION
(9)(b) OF THIS SECTION).
(b) T
HE DOLLAR AMOUNT IN SUBSECTION (9)(a) OF THIS SECTION
MUST INCREASE BY THE SAME PERCENTAGE THAT THE STATEWIDE BASE PER
PUPIL FUNDING FOR THAT BUDGET YEAR IS INCREASED
. THE AMOUNT MUST
BE ROUNDED TO THE NEAREST DOLLAR
.
(10) District special education pupil funding. A
DISTRICT'S
SPECIAL EDUCATION PUPIL FUNDING IS
:
(S
TATEWIDE BASE PER PUPIL FUNDING X TWENTY-FIVE PERCENT) X
DISTRICT SPECIAL EDUCATION PUPIL ENROLLMENT .
(11) District cost of living factor funding - rules. (a) A
DISTRICT'S
PAGE 31-HOUSE BILL 24-1448 COST OF LIVING FACTOR FUNDING IS:
(S
TATEWIDE BASE PER PUPIL FUNDING X (DISTRICT FUNDED PUPIL
COUNT
- DISTRICT EXTENDED HIGH SCHOOL PUPIL ENROLLMENT -
D
ISTRICT ONLINE PUPIL ENROLLMENT) X DISTRICT COST OF LIVING
FACTOR
).
(b) (I) A
DISTRICT'S COST OF LIVING FACTOR IS DETERMINED
PURSUANT TO SUBSECTION
(11)(c) OF THIS SECTION; EXCEPT THAT,
NOTWITHSTANDING THIS SUBSECTION (11) TO THE CONTRARY, A DISTRICT'S
COST OF LIVING FACTOR MUST NOT EXCEED TWENTY
-THREE PERCENT.
(II) T
HE COST OF LIVING FACTOR ALLOWED FOR EACH DISTRICT
PURSUANT TO THIS SUBSECTION
(11) REFLECTS THE DIFFERENCES IN THE
COSTS OF HOUSING
, GOODS, AND SERVICES AMONG REGIONS IN WHICH
DISTRICTS ARE LOCATED
. THE FACTOR DOES NOT REFLECT ANY ANNUAL
INCREASE IN THE COSTS OF HOUSING
, GOODS, AND SERVICES CAUSED BY
INFLATION
.
(c) (I) F
OR THE 2025-26 BUDGET YEAR, A DISTRICT'S COST OF LIVING
FACTOR IS THE DISTRICT
'S COST OF LIVING AMOUNT IDENTIFIED IN THE 2023
COST OF LIVING ANALYSIS ADJUSTED FOR LABOR POOL AREAS , DIVIDED BY
THE MINIMUM COST OF LIVING AMOUNT FOR A DISTRICT IDENTIFIED IN THE
2023 COST OF LIVING ANALYSIS ADJUSTED FOR LABOR POOL AREAS , MINUS
ONE
.
(II) F
OR THE 2026-27 AND 2027-28 BUDGET YEARS, A DISTRICT'S
COST OF LIVING FACTOR IS THE DISTRICT
'S COST OF LIVING AMOUNT
IDENTIFIED IN THE
2025 COST OF LIVING ANALYSIS ADJUSTED FOR LABOR
POOL AREAS
, DIVIDED BY THE MINIMUM COST OF LIVING AMOUNT FOR A
DISTRICT IDENTIFIED IN THE
2025 COST OF LIVING ANALYSIS ADJUSTED FOR
LABOR POOL AREAS
, MINUS ONE.
(III) F
OR EVERY TWO-YEAR BUDGET YEAR PERIOD THEREAFTER , A
DISTRICT
'S COST OF LIVING FACTOR IS THE DISTRICT 'S COST OF LIVING
AMOUNT
, IDENTIFIED IN THE BIENNIAL COST OF LIVING ANALYSIS ADJUSTED
FOR LABOR POOL AREAS
, DIVIDED BY THE MINIMUM COST OF LIVING AMOUNT
FOR A DISTRICT IDENTIFIED IN THE MOST RECENT COST OF LIVING ANALYSIS
ADJUSTED FOR LABOR POOL AREAS
, MINUS ONE.
PAGE 32-HOUSE BILL 24-1448 (IV) THE COST OF LIVING FACTOR FOR EACH DISTRICT MUST BE
CERTIFIED TO THE DEPARTMENT OF EDUCATION BY LEGISLATIVE COUNCIL
STAFF FOR EACH TWO
-YEAR PERIOD THEREAFTER BASED UPON A NEW COST
OF LIVING ANALYSIS
. THE CERTIFICATION MUST BE MADE NO LATER THAN
APRIL 15 OF THE APPLICABLE YEAR AND IS EFFECTIVE FOR THE BUDGET YEAR
BEGINNING ON
JULY 1 OF THAT YEAR AND THE BUDGET YEAR THEREAFTER .
(V) T
HE DEPARTMENT OF EDUCATION SHALL TRANSFER A PORTION
OF THE TOTAL AMOUNT APPROPRIATED BY THE GENERAL ASSEMBLY IN THE
ANNUAL GENERAL APPROPRIATION BILL FOR THAT BUDGET YEAR FOR
ASSISTANCE TO PUBLIC SCHOOLS
, PUBLIC SCHOOL FINANCE, AND STATE
SHARE OF DISTRICTS
' TOTAL PROGRAM FUNDING TO THE LEGISLATIVE
COUNCIL TO FUND THE COST OF LIVING ANALYSIS REQUIRED PURSUANT TO
THIS SUBSECTION
(11). THE AMOUNT TRANSFERRED BY THE DEPARTMENT OF
EDUCATION MUST NOT EXCEED THE MAXIMUM AMOUNT SPECIFIED IN A
FOOTNOTE RELATED TO THIS APPROPRIATION IN THE ANNUAL GENERAL
APPROPRIATION BILL FOR THAT BUDGET YEAR
. THE REMAINDER OF THE
AMOUNT APPROPRIATED FOR ASSISTANCE TO PUBLIC SCHOOLS
, PUBLIC
SCHOOL FINANCE
, AND STATE SHARE OF DISTRICTS ' TOTAL PROGRAM
FUNDING MUST BE DISTRIBUTED TO SCHOOL DISTRICTS IN THE MANNER
PROVIDED IN SECTION
22-54-106 (4)(c).
(d) (I) T
HE DEPARTMENT OF EDUCATION SHALL PROMULGATE RULES
FOR THE ASSIGNMENT OF A COST OF LIVING FACTOR TO ANY NEW DISTRICT
ORGANIZED PURSUANT TO ARTICLE
30 OF THIS TITLE 22, EXCEPT FOR NEW
DISTRICTS THAT ARE CREATED AS THE RESULT OF A DECONSOLIDATION AS
DESCRIBED IN SECTION
22-30-102 (2)(a), UNTIL THE COST OF LIVING FACTOR
FOR THE DISTRICT IS CERTIFIED BY LEGISLATIVE COUNCIL STAFF PURSUANT
TO THIS SECTION
.
(II) T
HE RULES PROMULGATED PURSUANT TO THIS SUBSECTION
(11)(d) MUST BE DESIGNED TO PROVIDE NEITHER AN INCENTIVE NOR A
DISINCENTIVE TO THE ORGANIZATION OF NEW DISTRICTS PURSUANT TO
ARTICLE
30 OF THIS TITLE 22 AND MUST INCLUDE PROVISIONS TO ENSURE
THAT THE COST OF LIVING FACTOR WITHIN A NEW DISTRICT IS NOT REDUCED
SOLELY BECAUSE THE NEW DISTRICT IS THE RESULT OF A CONSOLIDATION OF
EXISTING DISTRICTS
. THE RULES MUST CONSIDER THE COST OF LIVING
FACTORS ASSIGNED TO THE DISTRICTS THAT ARE AFFECTED BY THE
ORGANIZATION OF THE NEW DISTRICT AND THE CIRCUMSTANCES OF THE NEW
DISTRICT BASED ON THE MOST RECENT COST OF LIVING ANALYSIS
PAGE 33-HOUSE BILL 24-1448 PERFORMED BY THE LEGISLATIVE COUNCIL .
(III) N
EW DISTRICTS THAT ARE CREATED AS THE RESULT OF A
DECONSOLIDATION AS DESCRIBED IN SECTION
22-30-102 (2)(a) RETAIN THE
COST OF LIVING FACTOR OF THE DISTRICT FROM WHICH THEY WERE
SEPARATED UNTIL THE COST OF LIVING FACTOR FOR THE NEW DISTRICT IS
CERTIFIED BY THE LEGISLATIVE COUNCIL STAFF PURSUANT TO THIS SECTION
.
(12) District locale factor funding. (a) A
DISTRICT'S LOCALE
FACTOR FUNDING IS
:
(S
TATEWIDE BASE PER PUPIL FUNDING X (DISTRICT FUNDED PUPIL
COUNT
- DISTRICT EXTENDED HIGH SCHOOL PUPIL ENROLLMENT -
D
ISTRICT ONLINE PUPIL ENROLLMENT) X DISTRICT LOCALE FACTOR).
(b) A
DISTRICT'S LOCALE FACTOR IS:
(I) T
WENTY-FIVE PERCENT, IF THE DISTRICT IS CLASSIFIED AS RURAL
REMOTE
;
(II) T
WENTY PERCENT, IF THE DISTRICT IS CLASSIFIED AS RURAL
DISTANT
;
(III) F
IFTEEN PERCENT, IF THE DISTRICT IS CLASSIFIED AS RURAL
FRINGE
;
(IV) T
EN PERCENT, IF THE DISTRICT IS CLASSIFIED AS TOWN REMOTE;
(V) F
IVE PERCENT, IF THE DISTRICT IS CLASSIFIED AS TOWN DISTANT;
(VI) T
WO AND A HALF PERCENT, IF THE DISTRICT IS CLASSIFIED AS
TOWN FRINGE
;
(VII) Z
ERO PERCENT, IF THE DISTRICT IS CLASSIFIED AS SUBURBAN
SMALL
;
(VIII) Z
ERO PERCENT, IF THE DISTRICT IS CLASSIFIED AS SUBURBAN
MIDSIZE
;
(IX) Z
ERO PERCENT, IF THE DISTRICT IS CLASSIFIED AS SUBURBAN
PAGE 34-HOUSE BILL 24-1448 LARGE;
(X) Z
ERO PERCENT, IF THE DISTRICT IS CLASSIFIED AS CITY SMALL;
(XI) Z
ERO PERCENT, IF THE DISTRICT IS CLASSIFIED AS CITY MIDSIZE;
OR
(XII) ZERO PERCENT, IF THE DISTRICT IS CLASSIFIED AS CITY LARGE.
(c) N
OTWITHSTANDING SUBSECTION (12)(a) OF THIS SECTION, IF A
DISTRICT IS CLASSIFIED AS RURAL REMOTE OR TOWN REMOTE
, THE DISTRICT'S
LOCALE FACTOR FUNDING IS THE AMOUNT DETERMINED PURSUANT TO
SUBSECTION
(12)(a) OF THIS SECTION PLUS ONE HUNDRED THOUSAND
DOLLARS
.
(d) A
DISTRICT'S CLASSIFICATION, AS DESCRIBED PURSUANT TO
SUBSECTION
(12)(b) OR (12)(c) OF THIS SECTION, IS DETERMINED BY THE
LATEST CLASSIFICATIONS OR CLASSIFICATION CRITERIA ISSUED BY THE
NATIONAL CENTER FOR EDUCATION STATISTICS IN THE INSTITUTE OF
EDUCATION SCIENCES OF THE
UNITED STATES DEPARTMENT OF EDUCATION .
(e) N
OTWITHSTANDING SUBSECTION (12)(d) OF THIS SECTION, IF A
DISTRICT DOES NOT ALIGN WITH A CLASSIFICATION ISSUED BY THE NATIONAL
CENTER FOR EDUCATION STATISTICS
, THE DEPARTMENT OF EDUCATION
SHALL DESIGNATE THE DISTRICT
'S LOCALE FACTOR BASED ON
CONSIDERATIONS THAT ALIGN IT WITH A SIMILARLY SITUATED DISTRICT THAT
HAS A CLASSIFICATION ISSUED BY THE NATIONAL CENTER FOR EDUCATION
STATISTICS
. IF THE DEPARTMENT OF EDUCATION IS REQUIRED TO DESIGNATE
THE DISTRICT
'S LOCALE FACTOR PURSUANT TO THIS SUBSECTION (12)(e), THE
DEPARTMENT OF EDUCATION SHALL CONSULT WITH LEGISLATIVE COUNSEL
STAFF CONCERNING THE ADJUSTMENT FOR ANY INFORMATION NECESSARY
TO MAKE AN APPROPRIATE DESIGNATION
.
(13) District size factor funding. (a) A
DISTRICT'S SIZE FACTOR
FUNDING IS
:
(S
TATEWIDE BASE PER PUPIL FUNDING X (DISTRICT FUNDED PUPIL
COUNT
- DISTRICT EXTENDED HIGH SCHOOL PUPIL ENROLLMENT -
D
ISTRICT ONLINE PUPIL ENROLLMENT) X DISTRICT SIZE FACTOR).
PAGE 35-HOUSE BILL 24-1448 (b) A DISTRICT'S SIZE FACTOR IS:
(I) I
F THE DISTRICT'S FUNDED PUPIL COUNT IS LESS THAN TWO
HUNDRED SEVENTY
-SIX:
0.5457
+ (0.00376159 X THE DIFFERENCE BETWEEN THE FUNDED
PUPIL COUNT AND TWO HUNDRED SEVENTY
-SIX).
(II) I
F THE DISTRICT'S FUNDED PUPIL COUNT IS TWO HUNDRED
SEVENTY
-SIX OR MORE BUT LESS THAN FOUR HUNDRED FIFTY -NINE:
0.2385
+ (0.00167869 X THE DIFFERENCE BETWEEN THE FUNDED
PUPIL COUNT AND FOUR HUNDRED FIFTY
-NINE).
(III) I
F THE DISTRICT'S FUNDED PUPIL COUNT IS FOUR HUNDRED
FIFTY
-NINE OR MORE BUT LESS THAN ONE THOUSAND TWENTY -SEVEN:
0.1215
+ (0.00020599 X THE DIFFERENCE BETWEEN THE FUNDED
PUPIL COUNT AND ONE THOUSAND TWENTY
-SEVEN).
(IV) I
F THE DISTRICT'S FUNDED PUPIL COUNT IS ONE THOUSAND
TWENTY
-SEVEN OR MORE BUT LESS THAN TWO THOUS AND TWO HUNDRED
NINETY
-THREE:
0.0533
+ (0.00005387 X THE DIFFERENCE BETWEEN THE FUNDED
PUPIL COUNT AND TWO THOUSAND TWO HUNDRED NINETY
-THREE).
(V) I
F THE DISTRICT'S FUNDED PUPIL COUNT IS TWO THOUSAND TWO
HUNDRED NINETY
-THREE OR MORE BUT LESS THAN THREE THOUSAND FIVE
HUNDRED
:
0.0368
+ (0.00001367 X THE DIFFERENCE BETWEEN THE FUNDED
PUPIL COUNT AND THREE THOUSAND FIVE HUNDRED
).
(VI) I
F THE DISTRICT'S FUNDED PUPIL COUNT IS THREE THOUSAND
FIVE HUNDRED OR MORE BUT LESS THAN SIX THOUSAND FIVE HUNDRED
:
0.0297
+ (0.00000473 X THE DIFFERENCE BETWEEN THE FUNDED
PUPIL COUNT AND SIX THOUSAND FIVE HUNDRED
).
PAGE 36-HOUSE BILL 24-1448 (VII) IF THE DISTRICT'S FUNDED PUPIL COUNT IS SIX THOUSAND FIVE
HUNDRED OR MORE
: 0.00.
(c) (I) I
F THE REORGANIZATION OF A DISTRICT OR DISTRICTS RESULTS
IN A DISTRICT INVOLVED IN THE REORGANIZATION HAVING A GREATER SIZE
FACTOR THAN THE ORIGINAL DISTRICT OR DISTRICTS HAD FOR THE BUDGET
YEAR IMMEDIATELY PRECEDING REORGANIZATION
, THE DISTRICTS INVOLVED
IN THE REORGANIZATION MUST USE
, FOR EACH BUDGET YEAR , THE SIZE
FACTOR THE ORIGINAL DISTRICT HAD PRIOR TO THE REORGANIZATION OR
, IF
TWO OR MORE DISTRICTS REORGANIZE INTO A SINGLE DISTRICT
, THE SIZE
FACTOR OF THE ORIGINAL DISTRICT WITH THE LOWEST SIZE FACTOR FOR THE
BUDGET YEAR IMMEDIATELY PRECEDING REORGANIZATION
. A DISTRICT
INVOLVED IN THE REORGANIZATION SHALL NOT
, FOR ANY BUDGET YEAR , USE
THE SIZE FACTOR THAT WOULD OTHERWISE BE PROVIDED PURSUANT TO THIS
SUBSECTION
(13).
(II) I
F THE REORGANIZATION OF A DISTRICT OR DISTRICTS RESULTS
IN A DISTRICT INVOLVED IN THE REORGANIZATION HAVING A LOWER SIZE
FACTOR THAN THE ORIGINAL DISTRICT OR DISTRICTS HAD FOR THE BUDGET
YEAR IMMEDIATELY PRECEDING REORGANIZATION
, THE NEW DISTRICT OR
DISTRICTS MUST USE A SIZE FACTOR DETERMINED AS FOLLOWS
:
(A) F
OR THE FIRST BUDGET YEAR FOLLOWING REORGANIZATION , THE
SIZE FACTOR OF THE ORIGINAL DISTRICT FOR THE BUDGET YEAR
IMMEDIATELY PRECEDING REORGANIZATION OR
, IF TWO OR MORE DISTRICTS
ARE INVOLVED IN THE REORGANIZATION
, THE WEIGHTED AVERAGE SIZE
FACTOR OF THE ORIGINAL DISTRICTS FOR THE BUDGET YEAR IMMEDIATELY
PRECEDING REORGANIZATION
. FOR PURPOSES OF THIS SUBSECTION
(13)(c)(II)(A), THE WEIGHTED AVERAGE SIZE FACTOR IS THE SUM OF THE
AMOUNTS CALCULATED BY MULTIPLYING THE F UNDED PUPIL COUNTS OF THE
ORIGINAL DISTRICTS BY THE SIZE FACTOR OF THE ORIGINAL DISTRICTS AND
DIVIDING THAT SUM BY THE TOTAL FUNDED PUPIL COUNT OF THE ORIGINAL
DISTRICTS
.
(B) F
OR THE SECOND BUDGET YEAR FOLLOWING REORGANIZATION ,
THE SIZE FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR MINUS
AN AMOUNT EQUAL TO ONE
-FIFTH OF THE DIFFERENCE BETWEEN THE SIZE
FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR AND THE SIZE
FACTOR DETERMINED PURSUANT TO SUBSECTION
(13)(b) OF THIS SECTION;
PAGE 37-HOUSE BILL 24-1448 (C) FOR THE THIRD BUDGET YEAR FOLLOWING REORGANIZATION ,
THE SIZE FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR MINUS
AN AMOUNT EQUAL TO ONE
-FOURTH OF THE DIFFERENCE BETWEEN THE SIZE
FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR AND THE SIZE
FACTOR DETERMINED PURSUANT TO SUBSECTION
(13)(b) OF THIS SECTION;
(D) F
OR THE FOURTH BUDGET YEAR FOLLOWING REORGANIZATION ,
THE SIZE FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR MINUS
AN AMOUNT EQUAL TO ONE
-THIRD OF THE DIFFERENCE BETWEEN THE SIZE
FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR AND THE SIZE
FACTOR DETERMINED PURSUANT TO SUBSECTION
(13)(b) OF THIS SECTION;
(E) F
OR THE FIFTH BUDGET YEAR FOLLOWING REOR GANIZATION , THE
SIZE FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR MINUS AN
AMOUNT EQUAL TO ONE
-HALF OF THE DIFFERENCE BETWEEN THE SIZE
FACTOR FOR THE IMMEDIATELY PRECEDING BUDGET YEAR AND THE SIZE
FACTOR DETERMINED PURSUANT TO SUBSECTION
(13)(b) OF THIS SECTION;
AND
(F) FOR THE SIXTH BUDGET YEAR FOLLOWING REORGANIZATION AND
BUDGET YEARS THEREAFTER
, THE SIZE FACTOR DETERMINED PURSUANT TO
SUBSECTION
(13)(b) OF THIS SECTION.
(14) Total program funding. (Reserved)
SECTION 8. In Colorado Revised Statutes, 22-54-104, amend (1)
and (5)(b)(IV); and add (7) and (8) as follows:
22-54-104. District total program - legislative declaration -
definitions - repeal. (1) (a) For every budget year the provisions of
THROUGH THE 2024-25 BUDGET YEAR, this section shall MUST be used to
calculate for each district an amount that represents the financial base of
support for public education in that district. Such amount shall be known as
the district's total program DETERMINE EACH DISTRICT'S TOTAL PROGRAM.
The district's total program shall be IS available to the district to fund the
costs of providing public education, and, except as otherwise provided in
section 22-54-105, the amounts and purposes for which such moneys are
budgeted and expended shall be in the discretion of the district THE
DISTRICT HAS THE DISCRETION TO DETERMINE THE AMOUNTS AND PURPOSES
FOR BUDGETING AND EXPENDING ITS TOTAL PROGRAM MONEY
.
PAGE 38-HOUSE BILL 24-1448 (b) Notwithstanding the provisions of paragraph (a) of this
subsection (1) SUBSECTION (1)(a) OF THIS SECTION TO THE CONTRARY, if a
district is the accounting district of an institute charter school AN INSTITUTE
CHARTER SCHOOL
'S ACCOUNTING DISTRICT, then the calculation of totalprogram pursuant to the provisions of this section shall also represent the
financial base of support for the institute charter school TOTAL PROGRAM
DETERMINATION PURSUANT TO THIS SECTION ALSO REPRESENTS THE
INSTITUTE CHARTER SCHOOL
'S FINANCIAL BASE OF SUPPORT, even though the
institute charter school is not a school of the district. The amount of the
district's state share of total program that is withheld from the district and
paid to the state charter school institute pursuant to the provisions of
section
22-54-115 (1.3) shall IS not be available to nor OR under the control of the
district but shall be IS under the control of the INSTITUTE CHARTER SCHOOL'S
governing board of the institute charter school to fund the costs of providing
public education to pupils enrolled in the institute charter school. and the
amounts and purposes for which such moneys are budgeted and expended
shall be in the discretion of the institute charter school. THE INSTITUTE
CHARTER SCHOOL HAS THE DISCRETION TO DETERMINE THE AMOUNTS AND
PURPOSES FOR BUDGETING AND EXPENDING ITS TOTAL PROGRAM MONEY
.
(c) (I) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY
, FOR THE 2025-26 BUDGET YEAR THROUGH THE 2029-30 BUDGET
YEAR
, THE DEPARTMENT OF EDUCATION SHALL CALCULATE EACH DISTRICT 'S
TOTAL PROGRAM PURSUANT TO THIS SECTION FOR THE PURPOSE OF
DETERMINING EACH DISTRICT
'S TOTAL PROGRAM PURSUANT TO SECTION
22-54-103.3. THE DISTRICT'S TOTAL PROGRAM IS AVAILABLE TO THE
DISTRICT TO FUND THE COSTS OF PROVIDING PUBLIC EDUCATION
, AND,
EXCEPT AS OTHERWISE PROVIDED IN SECTION 22-54-105, THE DISTRICT HAS
THE DISCRETION TO DETERMINE THE AMOUNTS AND PURPOSES FOR
BUDGETING AND EXPENDING ITS DISTRICT TOTAL PROGRAM MONEY
.
(II) N
OTWITHSTANDING SUBSECTION (1)(c)(I) OF THIS SECTION TO
THE CONTRARY
, IF A DISTRICT IS AN INSTITUTE CHARTER SCHOOL 'S
ACCOUNTING DISTRICT
, THEN THE DISTRICT TOTAL PROGRAM CALCULATION
PURSUANT TO THIS SECTION ALSO REPRESENTS THE INSTITUTE CHARTER
SCHOOL
'S FINANCIAL BASE OF SUPPORT FOR PUBLIC EDUCATION , EVEN
THOUGH THE INSTITUTE CHARTER SC HOOL IS NOT THE DISTRICT
'S SCHOOL.
T
HE AMOUNT OF THE DISTRICT'S STATE SHARE OF TOTAL PROGRAM THAT IS
WITHHELD FROM THE DISTRICT AND PAID TO THE STATE CHARTER SCHOOL
INSTITUTE PURSUANT TO SECTION
22-54-115 (1.3) IS NOT AVAILABLE TO OR
PAGE 39-HOUSE BILL 24-1448 UNDER THE CONTROL OF THE DISTRICT BUT IS AVAILABLE TO AND UNDER THE
CONTROL OF THE INSTITUTE CHARTER SCHOOL
'S GOVERNING BOARD TO FUND
THE COSTS OF PROVIDING PUBLIC EDUCATION TO STUDENTS ENROLLED IN
THE INSTITUTE CHARTER SCHOOL
. THE INSTITUTE CHARTER SCHOOL HAS THE
DISCRETION TO DETERMINE THE AMOUNTS AND PURPOSES FOR BUDGETING
AND EXPENDING ITS TOTAL PROGRAM MONEY
.
(5) For purposes of the formulas used in this section:
(b) (IV) For the 1998-99 budget year and budget years thereafter,
The funded pupil count used to calculate a district's size factor pursuant to
this paragraph (b) shall be SUBSECTION (5)(b) IS the funded pupil count as
calculated pursuant to section 22-54-103 (7) reduced by sixty-five percent
of the number of pupils included in the funded pupil count that are enrolled
in charter schools in the district; except that the provisions of this
subparagraph (IV) shall THIS SUBSECTION (5)(b)(IV) only apply APPLIES to
those districts with a funded pupil count as calculated pursuant to section
22-54-103 (7) of five hundred or less FEWER.
(7) (a) F
OR PURPOSES THIS SECTION, "FUNDED PUPIL COUNT" MEANS
THE DISTRICT
'S ONLINE PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET
YEAR PLUS THE DISTRICT
'S SUPPLEMENTAL KINDERGARTEN ENROLLMENT FOR
THE APPLICABLE BUDGET YEAR PLUS THE DISTRICT
'S EXTENDED HIGH
SCHOOL PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR PLUS THE
GREATER OF
:
(I) T
HE DISTRICT'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET
YEAR
;
(II) T
HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE
APPLICABLE BUDGET YEAR AND THE DISTRICT
'S PUPIL ENROLLMENT FOR THE
IMMEDIATELY PRECEDING BUDGET YEAR
;
(III) T
HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE
APPLICABLE BUDGET YEAR AND THE DISTRICT
'S PUPIL ENROLLMENT FOR THE
TWO IMMEDIATELY PRECEDING BUDGET YEARS
;
(IV) T
HE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE
APPLICABLE BUDGET YEAR AND THE DISTRICT
'S PUPIL ENROLLMENT FOR THE
THREE IMMEDIATELY PRECEDING BUDGET YEARS
; OR
PAGE 40-HOUSE BILL 24-1448 (V) THE AVERAGE OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE
APPLICABLE BUDGET YEAR AND THE DISTRICT
'S PUPIL ENROLLMENT FOR THE
FOUR IMMEDIATELY PRECEDING BUDGET YEARS
.
(b) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY ,
FOR PURPOSES OF SUBSECTION (7)(a) OF THIS SECTION, A DISTRICT'S FUNDED
PUPIL COUNT INCLUDES THE CERTIFIED PUPIL ENROLLMENT AND ONLINE
PUPIL ENROLLMENT OF EACH OPERATING INSTITUTE CHARTER SCHOOL FOR
WHICH THE DISTRICT IS THE ACCOUNTING DISTRICT
, AS PROVIDED PURSUANT
TO SUBSECTIONS
(7)(c) AND (7)(d) OF THIS SECTION. THE DEPARTMENT OF
EDUCATION SHALL ADD THE INSTITUTE CHARTER SCHOOL
'S CERTIFIED PUPIL
ENROLLMENT AND ONLINE PUPIL ENROLLMENT TO THE FUNDED PUPIL COUNT
OF THE DISTRICT PRIOR TO CALCULATING THE DISTRICT
'S TOTAL PROGRAM
PURSUANT TO THIS SECTION
.
(c) F
OR PURPOSES OF SUBSECTION (7)(b) OF THIS SECTION, EACH
OPERATING INSTITUTE CHARTER SCHOOL
'S CERTIFIED PUPIL ENROLLMENT IS
THE GREATER OF
:
(I) T
HE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL
ENROLLMENT FOR THE APPLICABLE BUDGET YEAR
;
(II) T
HE AVERAGE OF THE OPERATING INSTITUTE CHARTER SCHOOL 'S
PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND THE OPERATING
INSTITUTE CHARTER SCHOOL
'S PUPIL ENROLLMENT FOR THE IMMEDIATELY
PRECEDING BUDGET YEAR
;
(III) T
HE AVERAGE OF THE OPERATING INSTITUTE CHARTER SCHOOL 'S
PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND THE OPERATING
INSTITUTE CHARTER SCHOOL
'S PUPIL ENROLLMENT FOR THE TWO
IMMEDIATELY PRECEDING BUDGET YEARS
;
(IV) T
HE AVERAGE OF THE OPERATING INSTITUTE CHARTER SCHOOL 'S
PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND THE OPERATING
INSTITUTE CHARTER SCHOOL
'S PUPIL ENROLLMENT FOR THE THREE
IMMEDIATELY PRECEDING BUDGET YEARS
; OR
(V) THE AVERAGE OF THE OPERATING INSTITUTE CHARTER SCHOOL 'S
PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND THE OPERATING
INSTITUTE CHARTER SCHOOL
'S PUPIL ENROLLMENT FOR THE FOUR
PAGE 41-HOUSE BILL 24-1448 IMMEDIATELY PRECEDING BUDGET YEARS .
(d) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY ,
FOR PURPOSES OF SUBSECTION (7)(c) OF THIS SECTION, AN OPERATING
INSTITUTE CHARTER SCHOOL
'S PUPIL ENROLLMENT INCLUDES ITS ONLINE
PUPIL ENROLLMENT
, EXCEPT FOR MULTI-DISTRICT ONLINE SCHOOL PUPIL
ENROLLMENT
.
(e) T
HE GENERAL ASSEMBLY FINDS AND DECLARES THAT FOR THE
PURPOSES OF SECTION
17 OF ARTICLE IX OF THE STATE CONSTITUTION ,
AVERAGING A DISTRICT'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET
YEAR AND THE DISTRICT
'S PUPIL ENROLLMENT FOR THE FOUR IMMEDIATELY
PRECEDING BUDGET YEARS PURSUANT TO THIS SUBSECTION
(7), AND
AVERAGING AN OPERATING INSTITUTE CHARTER SCHOOL
'S PUPIL
ENROLLMENT AND ONLINE PUPIL ENROLLMENT PURSUANT TO THIS
SUBSECTION
(7), IS A PROGRAM FOR ACCOUNTABLE EDUCATION REFORM AND
MAY THEREFORE RECEIVE FUNDING FROM THE STATE EDUCATION FUND
CREATED IN SECTION
17 (4) OF ARTICLE IX OF THE STATE CONSTITUTION.
(f) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY ,
FOR THE PURPOSES OF THIS SUBSECTION (7), A DISTRICT'S PUPIL ENROLLMENT
FOR THE APPLICABLE BUDGET YEAR AND A DISTRICT
'S PUPIL ENROLLMENT
FOR ANY PRECEDING BUDGET YEAR DO NOT INCLUDE A PUPIL WHO IS OR WAS
ENROLLED IN A CHARTER SCHOOL THAT WAS ORIGINALLY AUTHORIZED BY
THE DISTRICT BUT WAS SUBSEQUENTLY CONVERTED
, ON OR AFTER JULY 1,
2010,
TO AN INSTITUTE CHARTER SCHOOL OR TO A CHARTER SCHOOL OF A
DISTRICT CONTIGUOUS TO THE ORIGINALLY AUTHORIZING DISTRICT
.
(g) N
OTWITHSTANDING ANY PROVISION OF THIS SUBSECTION (7) TO
THE CONTRARY
, FOR THE PURPOSES OF THIS SUBSECTION (7), IF A DISTRICT'S
FUNDED PUPIL COUNT CALCULATED PURSUANT TO THIS SUBSECTION
(7) FOR
A BUDGET YEAR IS FEWER THAN FIFTY PUPILS
, THE DISTRICT'S FUNDED PUPIL
COUNT FOR THE BUDGET YEAR IS FIFTY PUPILS
.
(h) S
OLELY FOR THE PURPOSE OF AVERAGING PUPIL ENROLLMENT
PURSUANT TO SUBSECTION
(7)(a) OF THIS SECTION FOR A DISTRICT THAT
OPERATES A FULL
-DAY KINDERGARTEN EDUCATIONAL PROGRAM , THE
DEPARTMENT OF EDUCATION SHALL ADJUST THE DISTRICT
'S PUPIL
ENROLLMENTS FOR THE
2018-19, 2017-18, 2016-17, AND 2015-16 BUDGET
YEARS BY COUNTING EACH PUPIL ENROLLED IN A FULL
-DAY KINDERGARTEN
PAGE 42-HOUSE BILL 24-1448 EDUCATIONAL PROGRAM IN ONE OF THOSE BUDGET YEARS AS A FULL -TIME
STUDENT
. THE ADJUSTMENT TO PUPIL ENROLLMENT MADE PURSUANT TO
THIS SUBSECTION
(7)(h) DOES NOT AFFECT OR CHANGE THE FUNDED PUPIL
COUNT USED TO CALCULATE A DISTRICT
'S FISCAL YEAR SPENDING
LIMITATION PURSUANT TO SECTION
20 OF ARTICLE X OF THE STATE
CONSTITUTION FOR A BUDGET YEAR COMMENCING BEFORE
JULY 1, 2019.
(8) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2031.
SECTION 9. In Colorado Revised Statutes, add 22-20-114.3 as
follows:
22-20-114.3. Agreements with administrative units for special
education services - legislative declaration. (1) T
HE GENERAL ASSEMBLY
FINDS AND DECLARES THAT THE REQUIREMENTS DESCRIBED IN SUBSECTION
(2) OF THIS SECTION ARE NECESSARY AS A MATTER OF PUBLIC POLICY .
(2) N
O LATER THAN JULY 1, 2025, A DISTRICT OR INSTITUTE CHARTER
SCHOOL THAT IS SERVED BY A MULTI
-DISTRICT ADMINISTRATIVE UNIT FOR
THE ESTABLISHMENT
, MAINTENANCE, OR PROVISION OF SPECIAL EDUCATION
SERVICES MUST UPDATE AN EXISTING AGREEMENT CONCERNING SPECIAL
EDUCATION SERVICES TO CONTAIN PROVISIONS REGARDING THE ALLOCATION
OF ANY DISTRICT SPECIAL EDUCATION PUPIL FUNDING RECEIVED BY A
SERVED DISTRICT OR INSTITUTE CHARTER SCHOOL PURSUANT TO ARTICLE
54
OF THIS TITLE 22.
SECTION 10. In Colorado Revised Statutes, 22-41-102, amend
(3)(h) introductory portion; and add (3)(i), (3)(j), and (3)(k) as follows:
22-41-102. Fund inviolate. (3) (h) For the 2022-23 state fiscal year
and each state fiscal year thereafter
THROUGH THE 2023-24 STATE FISCAL
YEAR
, interest or income earned on the investment of the money in the
public school fund must be used or credited as follows:
(i) F
OR THE 2024-25 STATE FISCAL YEAR, INTEREST AND INCOME
EARNED ON THE INVESTMENT OF THE MONEY IN THE PUBLIC SCHOOL FUND
MUST BE USED OR CREDITED AS FOLLOWS
:
(I) T
HE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE TO THE
STATE TREASURER AN AMOUNT NECESSARY TO PAY FOR THE SERVICES OF
PAGE 43-HOUSE BILL 24-1448 THE INVESTMENT CONSULTANT HIRED BY THE PUBLIC SCHOOL FUND
INVESTMENT BOARD PURSUANT TO SECTION
22-41-102.5 (5) AND TO PAY FOR
ANY REIMBURSEMENT FOR TRAVEL AND OTHER NECESSARY EXPENSES
INCURRED BY THE MEMBERS OF THE PUBLIC SCHOOL FUND INVESTMENT
BOARD PURSUANT TO SECTION
22-41-102.5 (2);
(II) A
FTER THE APPROPRIATION MADE PURSUANT TO SUBSECTION
(3)(i)(I) OF THIS SECTION, THE LESSER OF ALL INTEREST AND INCOME OR
ELEVEN MILLION DOLLARS IS CREDITED TO THE STATE PUBLIC SCHOOL FUND
CREATED IN SECTION
22-54-114 FOR DISTRIBUTION AS PROVIDED IN THAT
SECTION
;
(III) A
FTER MONEY IN THE PUBLIC SCHOOL FUND HAS BEEN
APPROPRIATED OR CREDITED PURSUANT TO SUBSECTIONS
(3)(i)(I) AND
(3)(i)(II) OF THIS SECTION, THE LESSER OF ALL INTEREST AND INCOME OR
THIRTY MILLION DOLLARS IS CREDITED TO THE RESTRICTED ACCOUNT OF THE
PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE FUND CREATED IN
SECTION
22-43.7-104 (5) FOR USE AS PROVIDED IN THAT SECTION; AND
(IV) ANY ADDITIONAL INTEREST AND INCOME REMAINING IN THE
PUBLIC SCHOOL FUND MAY BE CREDITED AS SPECIFIED BY THE GENERAL
ASSEMBLY
, TAKING INTO CONSIDERATION THE RECOMMENDATIONS OF THE
PUBLIC SCHOOL FUND INVESTMENT BOARD DESCRIBED IN SECTION
22-41-102.5 (4)(a)(III), OR, IF NOT CREDITED PURSUANT TO THIS
SUBSECTION
(3)(i)(IV), REMAINS IN THE PUBLIC SCHOOL FUND.
(j) F
OR THE 2025-26 STATE FISCAL YEAR, INTEREST AND INCOME
EARNED ON THE INVESTMENT OF THE MONEY IN THE PUBLIC SCHOOL FUND
MUST BE USED OR CREDITED AS FOLLOWS
:
(I) T
HE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE TO THE
STATE TREASURER AN AMOUNT NECESSARY TO PAY FOR THE SERVICES OF
THE INVESTMENT CONSULTANT HIRED BY THE PUBLIC SCHOOL FUND
INVESTMENT BOARD PURSUANT TO SECTION
22-41-102.5 (5) AND TO PAY FOR
ANY REIMBURSEMENT FOR TRAVEL AND OTHER NECESSARY EXPENSES
INCURRED BY THE MEMBERS OF THE PUBLIC SCHOOL FUND INVESTMENT
BOARD PURSUANT TO SECTION
22-41-102.5 (2);
(II) A
FTER THE APPROPRIATION MADE PURSUANT TO SUBSECTION
(3)(j)(I) OF THIS SECTION, THE LESSER OF ALL INTEREST AND INCOME OR FIVE
PAGE 44-HOUSE BILL 24-1448 MILLION DOLLARS IS CREDITED TO THE STATE PUBLIC SCHOOL F UND CREATED
IN SECTION
22-54-114 FOR DISTRIBUTION AS PROVIDED IN THAT SECTION;
(III) A
FTER MONEY IN THE PUBLIC SCHOOL FUND HAS BEEN
APPROPRIATED OR CREDITED PURSUANT TO SUBSECTIONS
(3)(j)(I) AND
(3)(j)(II) OF THIS SECTION, THE LESSER OF ALL INTEREST AND INCOME OR
THIRTY
-SIX MILLION DOLLARS IS CREDITED TO THE RESTRICTED ACCOUNT OF
THE PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE FUND CREATED IN
SECTION
22-43.7-104 (5) FOR USE AS PROVIDED IN THAT SECTION; AND
(IV) ANY ADDITIONAL INTEREST AND INCOME REMAINING IN THE
PUBLIC SCHOOL FUND MAY BE CREDITED AS SPECIFIED BY THE GENERAL
ASSEMBLY
, TAKING INTO CONSIDERATION THE RECOMMENDATIONS OF THE
PUBLIC SCHOOL FUND INVESTMENT BOARD DESCRIBED IN SECTION
22-41-102.5 (4)(a)(III), OR, IF NOT CREDITED PURSUANT TO THIS
SUBSECTION
(3)(j)(IV), REMAINS IN THE PUBLIC SCHOOL FUND.
(k) F
OR THE 2026-27 STATE FISCAL YEAR AND EACH STATE FISCAL
YEAR THEREAFTER
, INTEREST AND INCOME EARNED ON THE INVESTMENT OF
THE MONEY IN THE PUBLIC SCHOOL FUND MUST BE USED OR CREDITED AS
FOLLOWS
:
(I) T
HE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE TO THE
STATE TREASURER AN AMOUNT NECESSARY TO PAY FOR THE SERVICES OF
THE INVESTMENT CONSULTANT HIRED BY THE PUBLIC SCHOOL FUND
INVESTMENT BOARD PURSUANT TO SECTION
22-41-102.5 (5) AND TO PAY FOR
ANY REIMBURSEMENT FOR TRAVEL AND OTHER NECESSARY EXPENSES
INCURRED BY THE MEMBERS OF THE PUBLIC SCHOOL FUND INVESTMENT
BOARD PURSUANT TO SECTION
22-41-102.5 (2);
(II) A
FTER MONEY IN THE PUBLIC SCHOOL FUND HAS BEEN
APPROPRIATED PURSUANT TO SUBSECTION
(3)(k)(I) OF THIS SECTION, THE
LESSER OF ALL INTEREST AND INCOME OR FORTY
-ONE MILLION DOLLARS IS
CREDITED TO THE RESTRICTED ACCOUNT OF THE PUBLIC SCHOOL CAPITAL
CONSTRUCTION ASSISTANCE FUND CREATED IN SECTION
22-43.7-104 (5) FOR
USE AS PROVIDED IN THAT SECTION
; AND
(III) ANY ADDITIONAL INTEREST AND INCOME REMAINING IN THE
PUBLIC SCHOOL FUND MAY BE CREDITED AS SPECIFIED BY THE GENERAL
ASSEMBLY
, TAKING INTO CONSIDERATION THE RECOMMENDATIONS OF THE
PAGE 45-HOUSE BILL 24-1448 PUBLIC SCHOOL FUND INVESTMENT BOARD DESCRIBED IN SECTION
22-41-102.5 (4)(a)(III), OR, IF NOT CREDITED PURSUANT TO THIS
SUBSECTION
(3)(k)(III), REMAINS IN THE PUBLIC SCHOOL FUND.
SECTION 11. In Colorado Revised Statutes, 22-43.7-104, amend
(2)(d) as follows:
22-43.7-104. Public school capital construction assistance fund
- creation - crediting of money to fund - use of fund - emergency
reserve - creation - reserve account - creation and use. (2) (d) (I) For the
state fiscal year commencing July 1, 2018, the state treasurer, as provided
in section 39-28.8-305 (1)(a), shall credit to the assistance fund the greater
of the first forty million dollars received and collected from the excise tax
on retail marijuana imposed pursuant to part 3 of article 28.8 of title 39 or
ninety percent of the money received and collected from the tax. For the
state fiscal year commencing July 1, 2019, and for each state fiscal year
thereafter except for the state fiscal year commencing July 1, 2020, the state
treasurer, as provided in section 39-28.8-305 (1)(a), shall annually credit to
the assistance fund all of the money received and collected from the excise
tax on retail marijuana imposed pursuant to part 3 of article 28.8 of title 39.
For the state fiscal year commencing July 1, 2020, the state treasurer, as
provided in section 39-28.8-305 (1)(a), shall credit to the assistance fund the
lesser of the first forty million dollars received and collected from the
excise tax on retail marijuana imposed pursuant to part 3 of article 28.8 of
title 39 or all of the money received and collected from the tax. For state
fiscal years commencing before July 1, 2019, the state treasurer shall credit
twelve and five-tenths percent of the amount annually credited pursuant to
this subsection (2)(d) to the charter school facilities assistance account,
which account is created within the assistance fund. For each state fiscal
year commencing on or after July 1, 2019, the state treasurer shall credit to
the charter school facilities assistance account a percentage of the amount
credited pursuant to this subsection (2)(d) that is equal to the percentage of
pupil enrollment, as defined in section 22-54-103 (10), statewide
represented by pupils who were enrolled in charter schools for the prior
school year. The department of education shall notify the state treasurer of
the applicable percentage no later than June 1 of the immediately preceding
fiscal year.
(II) I
N ADDITION TO THE CREDIT MADE TO THE CHARTER SCHOOL
FACILITIES ASSISTANCE ACCOUNT PURSUANT TO SUBSECTION
(2)(d)(I) OF
PAGE 46-HOUSE BILL 24-1448 THIS SECTION, THE STATE TREASURER SHALL CREDIT THE FOLLOWING
AMOUNTS TO THE CHARTER SC HOOL FACILITIES ASSISTANCE ACCOUNT FROM
THE PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE FUND
:
(A) F
OR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 2024,
ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ;
(B) F
OR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 2025,
TWELVE MILLION DOLLARS;
(C) F
OR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 2026,
THIRTEEN MILLION DOLLARS;
(D) F
OR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 2027,
FOURTEEN MILLION DOLLARS; AND
(E) FOR THE STATE FISCAL YEAR COMMENCING ON JULY 1, 2028,
FIFTEEN MILLION DOLLARS.
(III) I
F ELIGIBILITY CRITERIA ARE SATISFIED, THE DEPARTMENT
SHALL APPLY FOR A STATE CHARTER SCHOOL FACILITIES INCENTIVE GRANT
AWARDED BY THE
UNITED STATES DEPARTMENT OF EDUCATION .
SECTION 12. In Colorado Revised Statutes, 22-43.7-110, amend
(2)(a)(VII) and (2)(a)(VIII); and add (2)(a)(IX) as follows:
22-43.7-110. Financial assistance - grants - financed purchase of
an asset agreements. (2) Subject to the following requirements and
limitations, the board may also instruct the state treasurer to enter into
financed purchase of an asset or certificate of participation agreements on
behalf of the state to provide financial assistance to applicants by financing
public school facility capital construction projects for which the state board
has recommended and the capital development committee has authorized
the provision of financial assistance that involves a financed purchase of an
asset or certificate of participation agreement pursuant to section
22-43.7-109 (7):
(a) Subject to the limitation specified in subsection (2)(b) of this
section, the maximum total amount of annual payments payable by the state
during any fiscal year under the terms of all outstanding financed purchase
PAGE 47-HOUSE BILL 24-1448 of an asset or certificate of participation agreements entered into by the state
treasurer as instructed by the board pursuant to this subsection (2) is:
(VII) One hundred five million dollars for the 2019-20 fiscal year;
and
(VIII) One hundred twenty-five million dollars for the 2020-21
fiscal year and for each fiscal year thereafter
THROUGH THE 2023-24 FISCAL
YEAR
; AND
(IX) ONE HUNDRED FIFTY MILLION DOLLARS FOR THE 2024-25 FISCAL
YEAR AND FOR EACH FISCAL YEAR THEREAFTER
.
SECTION 13. In Colorado Revised Statutes, 22-43.7-111, add
(1)(f) as follows:
22-43.7-111. Reporting requirements - auditing by state auditor.
(1) Notwithstanding section 24-1-136 (11)(a)(I), no later than February 15,
2010, and no later than each February 15 thereafter, the board shall present
a written report to the education and finance committees of the house of
representatives and the senate and the capital development committee, or
any successor committees, regarding the provision of financial assistance
to applicants pursuant to this article 43.7. The report must include, at a
minimum:
(f) B
EGINNING IN THE REPORT DUE NO LATER THAN FEBRUARY 15,
2026,
AND CONTINUING ANNUALLY PURSUANT TO SUBSECTION (1) OF THIS
SECTION
, IN ADDITION TO THE REPORTING REQUIREMENTS DESCRIBED IN
SUBSECTIONS
(1)(a) THROUGH (1)(e) OF THIS SECTION, THE REPORT MUST
ALSO SEPARATELY SPECIFY ALL THE INFORMATION DESCRIBED IN
SUBSECTIONS
(1)(a) THROUGH (1)(e) OF THIS SECTION AS EACH RELATES TO
CHARTER SCHOOLS
, AS APPLICABLE.
SECTION 14. In Colorado Revised Statutes, repeal 22-54-104.1.
SECTION 15. In Colorado Revised Statutes, 22-54-104.2, amend
(1); and repeal (2) as follows:
22-54-104.2. Legislative declaration. (1) The general assembly
hereby finds and declares that, for purposes of section 17 of article IX of the
PAGE 48-HOUSE BILL 24-1448 state constitution, the expansion of the definition of "at-risk pupils", as
defined in section 22-54-103 (1.5)(a)(V), to include district pupils who are
English language learners, as defined in section 22-54-103 (1.5)(b)(IV), the
increase in the at-risk factor pursuant to section 22-54-104 (5)(f)(II) for
districts whose percentage of at-risk pupils is greater than the statewide
average percentage of at-risk pupils and whose funded pupil count is greater
than fifty thousand, the requirement that districts that receive at-risk funding
spend a portion of their at-risk funding on implementation of the district's
English language proficiency program pursuant to section 22-54-105
(3)(b)(I) and the increase in the at-risk factor from 11.2% to 12% for the
2005-06 budget year and each budget year thereafter pursuant to section
22-54-104 (2)(b)(II)(A)
(2)(b)(II) and (5)(f) are important elements of
accountable programs to meet state academic standards and may therefore
receive funding from the state education fund created in section 17 (4) of
article IX of the state constitution.
(2) The general assembly further finds and declares that, for
purposes of section 17 of article IX of the state constitution, the enactment
of the definition of "at-risk funded pupil count", as defined in section
22-54-103 (1), to allow up to three-year averaging of the number of at-risk
pupils, is an important element of accountable education reform and may
therefore receive funding from the state education fund created in section
17 (4) of article IX of the state constitution.
SECTION 16. In Colorado Revised Statutes, 22-54-104.3, amend
(2.7)(a), (2.7)(d)(I) introductory portion, and (2.7)(d)(I)(A); and repeal (3)
and (5) as follows:
22-54-104.3. Total program for budget years - special
provisions. (2.7) (a) For the 1997-98 budget year and budget years
thereafter, Notwithstanding the provisions of section 22-54-104 (2) and (6)
THIS ARTICLE 54, a district's total program for the applicable budget year
shall MUST not exceed the district's total program for the prior budget year
multiplied by 100% ONE HUNDRED PERCENT plus the district's maximum
annual percentage change in the applicable fiscal year spending.
(d) (I) For the 1998-99 budget year and budget years thereafter, If
a district's total program is calculated pursuant to paragraph (a) of this
subsection (2.7) SUBSECTION (2.7)(a) OF THIS SECTION and the district is
capable of receiving an increase in its total program within the limitations
PAGE 49-HOUSE BILL 24-1448 on its fiscal year spending for the applicable budget year under section 20
of article X of the state constitution, the district may certify to the
department that it may receive an additional increase in its total program for
the applicable budget year in an amount equal to the lesser of:
(A) The difference between the district's total program for the
applicable budget year calculated pursuant to paragraph (a) of this
subsection (2.7) SUBSECTION (2.7)(a) OF THIS SECTION and the district's total
program for the applicable budget year calculated DETERMINED pursuant to
section 22-54-104 (2) or (6) THIS ARTICLE 54; or
(3) Notwithstanding the provisions of section 22-54-104 (2), for the
1994-95 budget year, if a district's 1994-95 total formula per pupil funding
is less than the district's 1993-94 total per pupil funding, the total program
for such district shall be calculated in accordance with the following
formula:
(a) If the district's 1994-95 funded pupil count is equal to or less
than the district's 1993-94 funded pupil count, the formula shall be:
District 1993-94 funded pupil count x District 1993-94 total per
pupil funding.
(b) If the district's 1994-95 funded pupil count is greater than the
district's 1993-94 funded pupil count, the formula shall be:
District 1993-94 total funding + ((District 1994-95 funded pupil
count - District 1993-94 funded pupil count) x District 1994-95 total
formula per pupil funding).
(5) For purposes of subsection (3) of this section and section
22-54-104 (6):
(a) to (d) Repealed.
(e) A district's "prior year total per pupil funding" means the amount
which results from dividing the district's prior year total program by the
district's prior year funded pupil count.
(f) A district's "total formula per pupil funding" means the total
program for a district for the applicable budget year, as calculated pursuant
to section 22-54-104 (2), divided by the district's funded pupil count for the
PAGE 50-HOUSE BILL 24-1448 applicable budget year.
(g) (Deleted by amendment, L. 95, p. 613, § 15, effective May 22,
1995.)
SECTION 17. In Colorado Revised Statutes, 22-54-105, amend
(3)(a); and repeal (3)(b) as follows:
22-54-105. Instructional supplies and materials - capital reserve
and insurance reserve - at-risk funding - preschool funding. (3) (a) For
the 1997-98 budget year and budget years thereafter, Every district that
receives at-risk funding pursuant to the provisions of section 22-54-104
THIS ARTICLE 54 shall expend in total at least seventy-five percent of the
district's at-risk funding on direct instruction or staff development, or both,
for the educational program of at-risk pupils in the district.
(b) (I) Notwithstanding the provisions of paragraph (a) of this
subsection (3), for the 2001-02 budget year and budget years thereafter, any
district that receives at-risk funding pursuant to section 22-54-104 and
qualifies for a higher at-risk factor as provided in section 22-54-104
(5)(f)(II) shall expend an amount calculated pursuant to subparagraph (II)
of this paragraph (b) on implementation of the district's English language
proficiency program as provided in article 24 of this title. It is the intent of
the general assembly that each school district expend said amount on
English language proficiency programs that are either taught in English or
that are designed to move students as quickly as possible into programs
taught in English. The district shall expend at least seventy-five percent of
the remaining amount of at-risk funding received on direct instruction or
staff development, or both, for the educational program of at-risk pupils in
the district.
(II) The amount of at-risk funding expended pursuant to
subparagraph (I) of this paragraph (b) shall be equal to the difference
between the amount of at-risk funding generated by an increase in the
at-risk factor of 0.36 of a percentage point versus an increase of 0.34 of a
percentage point for each percentage point that the district percentage of
at-risk pupils exceeds the statewide average percentage of at-risk pupils.
SECTION 18. In Colorado Revised Statutes, 22-54-106, amend
(2.1)(c)(I) and (2.1)(e)(II); and repeal (2) as follows:
PAGE 51-HOUSE BILL 24-1448 22-54-106. Local and state shares of district total program -
legislative declaration - definition - repeal. (2) (a) Except as provided in
subsection (2)(c) of this section for reorganized districts, for the 2007
property tax year and property tax years thereafter through the 2019
property tax year, each district shall levy the lesser of:
(I) The number of mills levied by the district for the immediately
preceding property tax year;
(II) (A) Subject to the provisions of sub-subparagraph (B) of this
subparagraph (II), the number of mills that will generate property tax
revenue in an amount equal to the district's total program for the applicable
budget year minus the amount of specific ownership tax revenue paid to the
district.
(B) Regardless of the applicability of section 22-54-104 (5)(g), for
the purposes of this subparagraph (II), a district's total program shall be the
amount calculated pursuant to section 22-54-104 (2).
(III) For a district that has not obtained voter approval to retain and
spend revenues in excess of the property tax revenue limitation imposed on
the district by section 20 of article X of the state constitution, the number
of mills that may be levied by the district under the property tax revenue
limitation imposed on the district by section 20 of article X of the state
constitution. In the calculation of local growth for purposes of determining
the property tax revenue limitation imposed on a district under this
subparagraph (III), a district's student enrollment shall be the district's
funded pupil count.
(IV) Repealed.
(V) Twenty-seven mills.
(b) (I) (A) If a district's total program for the 1994-95 budget year
was calculated pursuant to section 22-54-104.3, for the 1995 property tax
year, the levy calculated pursuant to paragraph (a) of this subsection (2)
shall be reduced by the number of mills required to generate the difference
between the district's total program for the 1994-95 budget year, as
calculated pursuant to section 22-54-104.3 (3), and the district's total
program for the 1994-95 budget year, as calculated pursuant to section
PAGE 52-HOUSE BILL 24-1448 22-54-104 (2). The amount by which property tax revenue is reduced
pursuant to this paragraph (b) shall be counted toward the limitation on
additional local revenues as provided in section 22-54-108 (3).
(B) Notwithstanding the provisions of sub-subparagraph (A) of this
subparagraph (I), if the mill levy was calculated pursuant to subparagraph
(II) of paragraph (a) of this subsection (2), the difference between the
district's total program for the 1994-95 budget year, as calculated pursuant
to section 22-54-104.3 (3), and the district's total program for the 1994-95
budget year, as calculated pursuant to section 22-54-104 (2), shall be added
to the total program as calculated pursuant to section 22-54-104 (2) to
calculate the levy pursuant to this subparagraph (I).
(II) If after calculating the mill levy pursuant to subparagraph (I) of
this paragraph (b) the district's levy exceeds 41.75 mills, the district shall
levy 41.75 mills.
(III) For the 1995-96 budget year, if the amount of property tax
generated for the 1994-95 budget year by the number of mills by which the
mills levied by the district for the 1994-95 budget year exceeded 40.080
mills was equal to or exceeded the difference between the district's total
program for the 1994-95 budget year, as calculated pursuant to section
22-54-104.3 (3), and the district's total program for the 1994-95 budget
year, as calculated pursuant to section 22-54-104 (2), the district may levy
the difference between the levy pursuant to subparagraph (I) and
subparagraph (II) of this paragraph (b). For the 1996-97 budget year and
budget years thereafter, the district may continue to impose a mill levy that
will generate the amount of revenue produced by the calculation described
in this subparagraph (III) for the 1995-96 budget year. The amount of
property tax generated pursuant to this subparagraph (III) shall be counted
toward the limitation on additional local revenues as provided in section
22-54-108 (3)(f).
(c) (I) Notwithstanding any other provision of this subsection (2),
if there is a reorganization pursuant to article 30 of this title, except for a
detachment and annexation, and if such reorganization involves districts
with differing mill levies, then in its first year of operation, the new district
shall levy a number of mills that is based on the total property taxes
collected in the preceding year from property included within the new
district divided by the total valuation for assessment in the preceding year
PAGE 53-HOUSE BILL 24-1448 of property located within the new district but in no event more than 41.75
mills. This paragraph (c) shall not apply to any new district whose levy
would otherwise be calculated pursuant to subparagraph (II) of paragraph
(a) of this subsection (2).
(II) If there is a detachment and annexation pursuant to article 30 of
this title and if such detachment and annexation involves districts with
differing mill levies, then in the first year after the detachment and
annexation, the annexing district shall calculate its levy pursuant to
paragraph (a) of this subsection (2).
(2.1) (c) For the 2021 property tax year and each property tax year
thereafter, except as otherwise provided in subsection (2.1)(e) of this
section for reorganized districts, each district shall levy the lesser of:
(I) The number of mills that will generate property tax revenue in an
amount equal to the district's total program for the applicable budget year
minus the amount of specific ownership tax revenue paid to the district.
Regardless of the applicability of section 22-54-104 (5)(g), for the purposes
of this subsection (2.1)(c)(I), a district's total program is the amount
calculated pursuant to section 22-54-104 (2).
(e) Notwithstanding any other provision of this subsection (2.1) to
the contrary, for the 2020 property tax year and each property tax year
thereafter, if there is a reorganization pursuant to article 30 of this title 22
that results in the creation of a new district, then in the first year of
operation the new district shall levy the lesser of:
(II) The number of mills that will generate property tax revenue in
an amount equal to the district's total program for the first year of operation
minus the amount of specific ownership tax revenue paid to the district.
Regardless of the applicability of section 22-54-104 (5)(g), for the purposes
of this subsection (2.1)(e)(II), the district's total program is the amount
calculated pursuant to section 22-54-104 (2).
SECTION 19. In Colorado Revised Statutes, add 22-54-107.7 as
follows:
22-54-107.7. Override mill levy match - working group -
creation - report - repeal. (1) T
HERE IS CREATED BY THE LEGISLATIVE
PAGE 54-HOUSE BILL 24-1448 COUNCIL STAFF AN OVERRIDE MILL LEVY MATCH WORKING GROUP TO MEET
DURING THE
2024 INTERIM AND MAKE RECOMMENDATIONS CONCERNING
MODIFYING THE OVERRIDE MILL LEVY MATCH
, CREATED PURSUANT TO
SECTION
22-54-107.9, TO ENSURE MORE EQUITABLE FUNDING DISTRIBUTIONS
AND GREATER ACCESS TO FUNDING FOR ELIGIBLE DISTRICTS AND ELIGIBLE
INSTITUTE CHARTER SCHOOLS
, MAKE RECOMMENDATIONS CONCERNING
WHICH ELIGIBLE DISTRICTS AND ELIGIBLE INSTITUTE CHARTER SCHOOLS WILL
RECEIVE A DISTRIBUTION FROM THE MILL LEVY OVERRIDE MATCH FUND
PURSUANT TO SECTION
22-54-107.9 FOR THE 2024-25 BUDGET YEAR, AND TO
IDENTIFY AND ANALYZE INEQUITIES BETWEEN NEIGHBORING DISTRICTS THAT
HAVE DIFFERING MILL LEVY OVERRIDES
, LEVELS OF PROPERTY TAX BASES,
OR DEMONSTRATED LEVELS OF LOCAL EFFORT .
(2) (a) T
HE OVERRIDE MILL LEVY MATCH WORKING GROUP MUST
INCLUDE
:
(I) S
EVEN NONLEGISLATIVE MEMBERS WHO ARE CHIEF FINANCIAL
OFFICERS APPOINTED AS FOLLOWS
:
(A) T
HE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL
APPOINT ONE MEMBER WHO IS A CHIEF FINANCIAL OFFICER OF A RURAL
DISTRICT
, ONE MEMBER WHO IS A CHIEF FINANCIAL OFFICER OF A SMALL
RURAL DISTRICT
, ONE MEMBER WHO IS A CHIEF FINANCIAL OFFICER OF A
SUBURBAN DISTRICT
, AND ONE MEMBER WHO IS A CHIEF FINANCIAL OFFICER
OF AN URBAN DISTRICT LOCATED IN OR NEAR THE
DENVER METROPOLITAN
AREA
; AND
(B) THE SENATE MINORITY LEADER SHALL APPOINT ONE MEMBER
WHO IS THE CHIEF FINANCIAL OFFICER OF A RURAL DISTRICT
, ONE MEMBER
WHO IS THE CHIEF FINANCIAL OFFICER OF A SUBURBAN DISTRICT
, AND ONE
MEMBER WHO IS THE CHIEF FINANCIAL OFFICER OF AN URBAN DISTRICT THAT
IS NOT LOCATED IN OR NEAR THE
DENVER METROPOLITAN AREA .
(II) O
NE MEMBER OF THE MAJORITY PARTY IN THE HOUSE OF
REPRESENTATIVES
, APPOINTED BY THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES
, WHO SHALL SERVE AS THE CHAIR; AND
(III) ONE MEMBER OF THE MINORITY PARTY IN THE SENATE ,
APPOINTED BY THE MINORITY LEADER OF THE SENATE , WHO SHALL SERVE AS
THE VICE
-CHAIR.
PAGE 55-HOUSE BILL 24-1448 (b) LEGISLATIVE COUNCIL STAFF SHALL ASSIST THE OVERRIDE MILL
LEVY MATCH WORKING GROUP IN FULFILLING ITS DUTIES REQUIRED
PURSUANT TO THIS SECTION
.
(3) (a) T
HE OVERRIDE MILL LEVY MATCH WORKING GROUP SHALL
NOT SUBMIT BILL DRAFTS AS PART OF ITS RECOMMENDATIONS
.
(b) M
EETINGS OF THE OVERRIDE MILL LEVY MATCH WORKING GROUP
ARE SUBJECT TO THE OPEN MEETINGS PROVISIONS CONTAINED IN PART
4 OF
ARTICLE
6 OF TITLE 24. EXCEPT AS OTHERWISE PROVIDED IN PART 2 OF
ARTICLE
72 OF TITLE 24, OR OTHER APPLICABLE STATE OR FEDERAL LAW ,
RECORDS OF THE OVERRIDE MILL LEVY MATCH WORKING GROUP ARE
SUBJECT TO PART
2 OF ARTICLE 72 OF TITLE 24.
(4) T
HE OVERRIDE MILL LEVY MATCH WORKING GROUP MUST MEET
AT LEAST THREE TIMES BUT NO MORE THAN FIVE TIMES DURING THE
2024
LEGISLATIVE INTERIM, UNLESS ADDITIONAL MEETINGS ARE AUTHORIZED BY
THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL
.
(5) O
N OR BEFORE DECEMBER 31, 2024, THE OVERRIDE MILL LEVY
MATCH WORKING GROUP SHALL SUBMIT A REPORT TO THE EXECUTIVE
COMMITTEE OF THE LEGISLATIVE COUNCIL
, THE EDUCATION COMMITTEES OF
THE HOUSE OF REPRESENTATIVES AND THE SENATE
, OR ANY SUCCESSOR
COMMITTEES
, AND THE JOINT BUDGET COMMITTEE CONCERNING ITS
RECOMMENDATIONS TO MODIFY THE OVERRIDE MILL LEVY MATCH
.
(6) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2026.
SECTION 20. In Colorado Revised Statutes, 22-54-107.9, amend
(3)(b)(II); repeal (1)(l); and add (3.5) as follows:
22-54-107.9. Override mill levy match - calculation - distribution
- fund created - definitions. (1) As used in this section, unless the context
otherwise requires:
(l) "Total program" means the amount of total program funding for
a district calculated pursuant to section 22-54-104 (2) before application of
the budget stabilization factor.
(3) (b) If more than ten percent of a district's funded pupil count for
PAGE 56-HOUSE BILL 24-1448 the applicable budget year is attributable to the district's online pupil
enrollment, the department shall calculate the district's adjusted total
program as follows:
(II) The department shall subtract from the district's total program
for the applicable budget year an amount equal to the district's reduced
online pupil enrollment, calculated pursuant to subsection (3)(b)(I) of this
section, multiplied by the per pupil online funding amount for the applicable
budget year as described in section 22-54-104 (4.5)(c)(II) before application
of the budget stabilization factor THIS ARTICLE 54.
(3.5) (a) F
OR THE 2023-24 BUDGET YEAR, THE DEPARTMENT SHALL:
(I) C
ALCULATE FOR EACH DISTRICT AN AMOUNT EQUAL TO THE
DISTRICT
'S ASSESSED VALUE OF REAL PROPERTY FOR THE PROPERTY TAX
YEAR COMMENCING ON
JANUARY 1, 2023 DIVIDED BY THE DISTRICT'S PUPIL
ENROLLMENT DIVIDED BY TWO THOUSAND
; AND
(II) DETERMINE THE MEDIAN AMOUNT OF ALL CALCULATIONS MADE
PURSUANT TO SUBSECTION
(3.5)(a)(I) OF THIS SECTION.
(b) F
OR EACH DISTRICT, THE DEPARTMENT SHALL DETERMINE IF :
(I) T
HE DISTRICT'S AMOUNT CALCULATED PURSUANT TO SUBSECTION
(3.5)(a)(I) OF THIS SECTION IS LESS THAN THE AMOUNT DETERMINED
PURSUANT TO SUBSECTION
(3.5)(a)(II) OF THIS SECTION;
(II) T
HE NUMBER OF MILLS THE DISTRICT IS AUTHORIZED BY ITS
ELIGIBLE ELECTORS TO LEVY PURSUANT TO SECTION
22-54-108 IS GREATER
THAN ZERO
; AND
(III) THE DISTRICT HAS AN AMOUNT THAT IS GREATER THAN 0.9
AFTER CALCULATING THE MAXIMUM NUMBER OF MILLS THE DISTRICT IS
AUTHORIZED TO LEVY PURSUANT TO SECTION
22-54-108 (3)(b)(V) MINUS
THE NUMBER OF MILLS THE DISTRICT IS AUTHORIZED BY ITS ELIGIBLE
ELECTORS TO LEVY PURSUANT TO SECTION
22-54-108.
(c) F
OR EACH DISTRICT THAT SATISFIES EVERY CONDITION
DESCRIBED PURSUANT TO SUBSECTION
(3.5)(b) OF THIS SECTION, THE
DEPARTMENT SHALL CALCULATE FOR EACH DISTRICT AN AMOUNT EQUAL TO
:
PAGE 57-HOUSE BILL 24-1448 (MEDIAN AMOUNT DETERMINED PURSUANT TO SUBSECTION
(3.5)(a)(II) OF THIS SECTION - DISTRICT AMOUNT CALCULATED
PURSUANT TO SUBSECTION
(3.5)(a)(I) OF THIS SECTION) X DISTRICT'S
PUPIL ENROLLMENT
.
(d) N
OTWITHSTANDING ANY PROVISION OF THIS SECTION , FOR THE
2023-24 BUDGET YEAR, EACH DISTRICT MUST RECEIVE THE GREATER OF THE
AMOUNT DETERMINED PURSUANT TO SUBSECTION
(3.5)(c) OF THIS SECTION
OR THE AMOUNT DETERMINED PURSUANT TO SUBSECTION
(3) OF THIS
SECTION
.
(e) N
O LATER THAN JUNE 10, 2024, THE STATE TREASURER SHALL
TRANSFER NINE MILLION ONE HUNDRED THIRTY
-FIVE THOUSAND SIX
HUNDRED NINETY
-EIGHT DOLLARS ($9,135,698) FROM THE STATE
EDUCATION FUND TO THE MILL LEVY OVERRIDE MATCH FUND
.
SECTION 21. In Colorado Revised Statutes, 22-54-108, amend
(1), (2), (3)(a), (3)(b)(I), (3)(b)(II), (3)(b)(III), (3)(b)(IV)(A), (3)(b)(IV)(B),
and (5)(b); and add (3)(b)(VI) as follows:
22-54-108. Authorization of additional local revenues -
definitions. (1) Effective July 1, 1994, a district which desires to raise and
expend local property tax revenues in excess of the district's total program
as determined in accordance with section 22-54-104
may submit the
question of whether the district should be authorized to raise and expend
additional local property tax revenues, subject to the limitations of
subsection (3) of this section, thereby authorizing an additional levy in
excess of the levy authorized under section 22-54-106 for the district's
general fund for the then current budget year and each budget year
thereafter. The question authorized by this subsection (1) shall
MUST be
submitted at an election held in accordance with section 20 of article X of
the state constitution and title 1. C.R.S.
(2) Effective July 1, 1994, upon proper submittal to a district of a
valid initiative petition, the district shall submit to the eligible electors of
the district the question of whether the district should be authorized to raise
and expend additional local property tax revenues in excess of the district's
total program, as determined in accordance with section 22-54-104,
subject
to the limitations of subsection (3) of this section, thereby authorizing an
additional levy in excess of the levy authorized under section 22-54-106 for
PAGE 58-HOUSE BILL 24-1448 the district's general fund for the then current budget year and each budget
year thereafter. The question authorized by this subsection (2) shall MUST
be submitted at an election held in accordance with section 20 of article X of the state constitution and title 1. C.R.S.
An initiative petition under this
subsection (2) shall MUST be signed by at least five percent of the eligible
electors in the district at the time the petition is filed.
(3) (a) Notwithstanding the provisions of section 20 of article X of
the state constitution which allow districts to seek voter approval for
spending and revenue increases, the provisions of
this subsection (3) shall
limit LIMITS a district's authority to raise and expend local property tax
revenues in excess of the district's total program. as determined in
accordance with section 22-54-104.
(b) (I) Except as otherwise provided in subsections (3)(b)(II),
(3)(b)(III), (3)(b)(IV), and (3)(b)(V), AND (3)(b)(VI) of this section, the
total additional local property tax revenues that may be received pursuant
to elections held pursuant to this section must not exceed under any
circumstances twenty percent of the district's total program as determined
pursuant to section 22-54-104 (2) or two hundred thousand dollars,
whichever is greater.
(II) (A) Effective July 1, 2002, and subject to the provisions of
sub-subparagraph (B) of this subparagraph (II), the total additional local
property tax revenues that may be received pursuant to elections held
pursuant to this section shall
MUST not exceed under any circumstances
twenty percent of the district's total program as determined pursuant to
section 22-54-104 (2) or two hundred thousand dollars, whichever is
greater, plus an amount equal to the maximum dollar amount of property tax
revenue that the district could have generated for the 2001-02 budget year
if, in accordance with the provisions of section 22-54-107.5, the district
submitted a question to and received approval of the eligible electors of the
district at an election held in November 2001.
(B) Regardless of the applicability of section 22-54-104 (5)(g), for
the purposes of this subparagraph (II), a district's total program shall be the
amount calculated pursuant to section 22-54-104 (2).
(III) (A) On and after May 21, 2009, and subject to the provisions
of sub-subparagraph (B) of this subparagraph (III), the total additional local
PAGE 59-HOUSE BILL 24-1448 property tax revenues that may be received pursuant to an election held
pursuant to this section shall MUST not exceed under any circumstances
twenty-five percent of the district's total program as determined pursuant to
section 22-54-104 (2) or two hundred thousand dollars, whichever is
greater, plus an amount equal to the maximum dollar amount of property tax
revenue that the district could have generated for the 2001-02 budget year
if, in accordance with the provisions of section 22-54-107.5, the district
submitted a question to and received approval of the eligible electors of the
district at an election held in November 2001.
(B) Regardless of the applicability of section 22-54-104 (5)(g), for
purposes of this subparagraph (III), a district's total program shall be the
amount calculated pursuant to section 22-54-104 (2).
(IV) (A) On and after May 22, 2015, and subject to the provisions
of sub-subparagraph (B) of this subparagraph (IV), the total additional local
property tax revenues that a small rural district may receive pursuant to an
election held pursuant to this section shall
MUST not exceed under any
circumstances thirty percent of the small rural district's total program as
determined pursuant to section 22-54-104 (2) or two hundred thousand
dollars, whichever is greater, plus an amount equal to the maximum dollar
amount of property tax revenue that the small rural district could have
generated for the 2001-02 budget year if, in accordance with the provisions
of section 22-54-107.5, the small rural district submitted a question to and
received approval of the eligible electors of the district at an election held
in November 2001.
(B) Regardless of the applicability of section 22-54-104 (5)(g), for
purposes of this subparagraph (IV), a small rural district's total program is
the amount calculated pursuant to section 22-54-104 (2).
(VI) (A) ON OR AFTER JULY 1, 2024, THE TOTAL ADDITIONAL LOCAL
PROPERTY TAX REVENUES THAT A DISTRICT OR SMALL RURAL DISTRICT MAY
RECEIVE PURSUANT TO AN ELECTION HELD PURS UANT TO THIS SECTION MUST
NOT EXCEED UNDER ANY CIRCUMSTANCE
: THE AMOUNT DETERMINED
PURSUANT TO SUBSECTION
(3)(b)(V) OF THIS SECTION FOR THE 2023-24
BUDGET YEAR, OR THE AMOUNT DETERMINED PURSUANT TO SUBSECTION
(3)(b)(VI)(D) OF THIS SECTION, WHICHEVER IS GREATER.
(B) F
OR THE 2024-25 BUDGET YEAR, THE DEPARTMENT OF
PAGE 60-HOUSE BILL 24-1448 EDUCATION, IN CONSULTATION WITH LEGISLATIVE COUNCIL STAFF , SHALL
CALCULATE FOR EACH DISTRICT THE AMOUNT EQUAL TO
:
(D
ISTRICT'S PER PUPIL FUNDING DETERMINED PURSUANT TO SECTION
22-54-104 (3) - STATEWIDE BASE PER PUPIL FUNDING) X DISTRICT'S
FUNDED PUPIL COUNT FOR THE
2024-25 BUDGET YEAR EXCLUDING
THE DISTRICT
'S ONLINE PUPIL ENROLLMENT AND THE DISTRICT 'S
EXTENDED HIGH SCHOOL PUPIL ENROLLMENT
+ (DISTRICT'S PER PUPIL FUNDING DETERMINED PURSUANT TO
SECTION
22-54-104 (3) - STATEWIDE BASE PER PUPIL FUNDING ) X
DISTRICT'S AT-RISK PUPIL ENROLLMENT FOR THE 2024-25 BUDGET
YEAR X
TWELVE PERCENT
+ (DISTRICT'S PER PUPIL FUNDING DETERMINED PURSUANT TO
SECTION
22-54-104 (3) - STATEWIDE BASE PER PUPIL FUNDING ) X
DISTRICT'S ENGLISH LANGUAGE LEARNER PUPIL ENROLLMENT FOR
THE
2024-25 BUDGET YEAR X EIGHT PERCENT.
(C) F
OR THE 2024-25 BUDGET YEAR, THE DEPARTMENT OF
EDUCATION
, IN CONSULTATION WITH LEGISLATIVE COUNCIL STAFF , SHALL
CALCULATE FOR EACH DISTRICT THE AMOUNT EQUAL TO THE DISTRICT
'S
COST OF LIVING FACTOR PLUS THE DISTRICT
'S SIZE FACTOR FOR THE 2024-25
BUDGET YEAR CALCULATED PURSUANT TO SECTION 22-54-103.5 MULTIPLIED
BY THE STATEWIDE BASE PER PUPIL FUNDING FOR THE
2024-25 BUDGET YEAR
MULTIPLIED BY THE DISTRICT
'S FUNDED PUPIL COUNT FOR THE 2024-25
BUDGET YEAR EXCLUDING THE DISTRICT 'S ONLINE PUPIL ENROLLMENT AND
THE DISTRICT
'S EXTENDED HIGH SCHOOL PUPIL ENROLLMENT .
(D) T
HE DEPARTMENT OF EDUCATION SHALL COMPARE FOR EACH
DISTRICT THE AMOUNTS CALCULATED PURSUANT TO SUBSECTIONS
(3)(b)(VI)(B) AND (3)(b)(VI)(C) OF THIS SECTION. IF THE AMOUNT
CALCULATED PURSUANT TO SUBSECTION
(3)(b)(VI)(C) OF THIS SECTION IS
LESS THAN THE AMOUNT CALCULATED PURSUANT TO SUBSECTION
(3)(b)(VI)(B) OF THIS SECTION, THE DEPARTMENT OF EDUCATION SHALL
DETERMINE THE DOLLAR AMOUNT DIFFERENCE BETWEEN THE AMOUNTS
CALCULATED PURSUANT TO SUBSECTIONS
(3)(b)(VI)(B) AND (3)(b)(VI)(C)
OF THIS SECTION DIVIDE THAT DOLLAR AMOUNT DIFFERENCE BY THE
DISTRICT
'S TOTAL PROGRAM FOR THE 2024-25 BUDGET YEAR AND ADD THAT
PERCENTAGE TO THE DISTRICT
'S MILL LEVY OVERRIDE CAP FOR THE 2023-24
BUDGET YEAR.
PAGE 61-HOUSE BILL 24-1448 (E) THE DEPARTMENT OF EDUCATION SHALL MAKE DETERMINATIONS
PURSUANT TO SUBSECTIONS
(3)(b)(VI)(B), (3)(b)(VI)(C), AND (3)(b)(VI)(D)
OF THIS SECTION AFTER IT MAKES MID -YEAR REVISIONS TO REPLACE
PROJECTIONS WITH ACTUAL FIGURES WHEN DETERMINING EACH DISTRICT
'S
TOTAL PROGRAM FOR THE
2024-25 BUDGET YEAR.
(F) O
N OR AFTER JULY 1, 2030, A DISTRICT SHALL NOT SUBMIT A
QUESTION TO THE ELIGIBLE ELECTORS OF THE DISTRICT PURSUANT TO THIS
SUBSECTION
(3)(b)(VI).
(5) As used in this section, unless the context otherwise requires:
(b) "Total program", on and after July 1, 2023, means a district's or
small rural district's total program calculated pursuant to section 22-54-104(2), before application of the budget stabilization factor pursuant to section
22-54-104 (5)(g) plus the amount the district or small rural district receives
for students enrolled through the Colorado universal preschool program
pursuant to part 2 of article 4 of title 26.5.
SECTION 22. In Colorado Revised Statutes, 22-54-108.5, amend
(1)(a), (1)(b), and (1)(e) as follows:
22-54-108.5. Authorization of additional local revenues for
full-day kindergarten - definitions. (1) (a) Notwithstanding any law to the
contrary, effective July 1, 2007, any district that chooses to raise and expend
local property tax revenues in excess of the district's total program, as
determined in accordance with section 22-54-104, and in addition to any
property tax revenues levied pursuant to sections 22-54-107 and 22-54-108,
may submit the question of whether the district should be authorized to raise
and expend additional local property tax revenues, thereby authorizing an
additional levy in excess of the levy authorized under sections 22-54-106,
22-54-107, and 22-54-108, to provide funding for excess full-day
kindergarten program costs in the district for the then-current budget year
and each budget year thereafter. The question authorized by this paragraph
(a) SUBSECTION (1)(a) may also include a question of whether to impose an
additional mill levy of a stated amount and limited duration to meet the
initial capital construction needs of the district associated with the
establishment of a full-day kindergarten program. If a mill levy for capital
construction needs associated with the district's full-day kindergarten
program is approved for more than one year, the board of education of the
PAGE 62-HOUSE BILL 24-1448 district may, without calling an election, decrease the amount or duration of
the mill levy in subsequent years. The questions authorized by this
paragraph (a) shall
SUBSECTION (1)(a) MUST be submitted at an election held
in accordance with section 20 of article X of the state constitution and title
1. C.R.S.
(b) Notwithstanding any law to the contrary, effective July 1, 2007,
upon proper submittal to a district of a valid initiative petition, the district
shall submit to the eligible electors of the district the question of whether
the district should be authorized to raise and expend additional local
property tax revenues in excess of the district's total program, as determined
in accordance with section 22-54-104 and in addition to any property tax
revenues levied pursuant to sections 22-54-107 and 22-54-108, thereby
authorizing an additional levy in excess of the levy authorized under
sections 22-54-106, 22-54-107, and 22-54-108, to provide funding for
excess full-day kindergarten program costs in the district for the
then-current budget year and each budget year thereafter. The question
authorized by this paragraph (b)
SUBSECTION (1)(b) may also include a
question of whether to impose an additional mill levy of a stated amount
and limited duration to meet the initial capital construction needs of the
district associated with the establishment of a full-day kindergarten
program. If a mill levy for capital construction needs associated with the
district's full-day kindergarten program is approved for more than one year,
the board of education of the district may, without calling an election,
decrease the amount or duration of the mill levy in subsequent years. The
questions authorized by this paragraph (b) shall
SUBSECTION (1)(b) MUST be
submitted at an election held in accordance with section 20 of article X of
the state constitution and title 1. C.R.S.
An initiative petition under this
paragraph (b) shall SUBSECTION (1)(b) MUST be signed by at least five
percent of the eligible electors in the district at the time the petition is filed.
(e) Notwithstanding the provisions of section 20 of article X of the
state constitution that allow districts to seek voter approval for spending and
revenue increases, the provisions of this subsection (1) shall
limit a district's
authority to raise and expend local property tax revenues in excess of the
district's total program. as determined in accordance with section
22-54-104.
SECTION 23. In Colorado Revised Statutes, 22-54-108.7, amend
(1)(a) as follows:
PAGE 63-HOUSE BILL 24-1448 22-54-108.7. Authorization of additional local revenues for cash
funding of capital construction, new technology, existing technology
upgrade, and maintenance needs - definition. (1) (a) Notwithstanding
any law to the contrary, any district that chooses to raise and expend local
property tax revenue in excess of the district's total program, as determined
in accordance with section 22-54-104, and in addition to any revenue
generated by property tax levied pursuant to sections 22-54-106, 22-54-107,
22-54-107.5, 22-54-108, and 22-54-108.5, may submit the question of
whether the district should be authorized to raise and expend additional
local property tax revenue, thereby authorizing an additional levy in excess
of the levy authorized under sections 22-54-106, 22-54-107, and 22-54-108,
to provide ongoing cash funding for the capital construction, new
technology, existing technology upgrade, and maintenance needs of the
district. A question authorized by this paragraph (a)
SUBSECTION (1)(a) must
be submitted at an election held in accordance with section 20 of article X
of the state constitution and title 1. C.R.S.
SECTION 24. In Colorado Revised Statutes, 22-54-122, amend (2)
as follows:
22-54-122. Small attendance center aid. (2) (a) A district meeting
the eligibility requirements of subsection (1) of this section shall be IS
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,
and the district
per pupil funding, as calculated pursuant to section 22-54-104 except using
the size factor calculated using the funded pupil count of the small
attendance center; and then multiplying such
THE amount by the percentage
determined by dividing the difference between two hundred and the funded
pupil count of the small attendance center by two hundred.
(b) An institute charter school meeting the eligibility requirements
of subsection (1.5) of this section shall be
IS eligible to receive aid as a
small attendance center as calculated by: Multiplying the pupil enrollment
of the institute charter school by an amount equal to thirty-five percent of
the difference between the district per pupil funding of the institute charter
school's accounting district as calculated pursuant to section 22-54-104
and
such THE district per pupil funding, as calculated pursuant to section
22-54-104, except using the size factor calculated using the pupil
PAGE 64-HOUSE BILL 24-1448 enrollment of the institute charter school, and then multiplying such amount
by the percentage determined by dividing the difference between two
hundred and the pupil enrollment of the institute charter school by two
hundred.
SECTION 25. In Colorado Revised Statutes, 22-54-129, amend
(1)(g) as follows:
22-54-129. Facility school funding - legislative declaration -
definitions. (1) As used in this section, unless the context otherwise
requires:
(g) "Statewide base per pupil funding" means the amount annually
specified in section 22-54-104 (5)(a)
THIS ARTICLE 54.
SECTION 26. In Colorado Revised Statutes, 19-1-115.5, amend
(1)(a)(I) as follows:
19-1-115.5. Placement of children out of home - legislative
declaration. (1) (a) (I) The general assembly hereby finds that the number
of children in out-of-home placement has increased significantly. The
general assembly further finds that the facility in which a child is placed out
of home is often not located in the same school district as the child's school
district of residence. Nevertheless, the general assembly finds that, under
the provisions of PURSUANT TO the "Public School Finance Act of 1994
2025", article 54 of title 22, C.R.S. children in foster home placement are
considered residents of the school district in which the foster home is
located. Accordingly, the school district in which the child is placed must
accommodate the child and provide the child with the necessary educational
services that serve the child's best interests while absorbing the costs
associated with such services within the constraints of the school district's
existing budget. The general assembly finds that in many circumstances it
is not possible to meet the best interests of the child in out-of-home
placement and the needs of other children enrolled in the school district
within the confines of the district's budget.
SECTION 27. In Colorado Revised Statutes, 22-1-122, amend
(6)(b) as follows:
22-1-122. Transportation token program - legislative declaration
PAGE 65-HOUSE BILL 24-1448 - eligibility - fund. (6) (b) So long as IF an eligible student is enrolled
before the pupil enrollment count day, the parent or legal guardian of an
eligible student may choose to enroll the eligible student in and transport the
eligible student to a public school in another school district that has
available space. Such
THE school district shall enroll the eligible student
and include the eligible student in the district's pupil enrollment for
purposes of the "Public School Finance Act of 1994
2025".
SECTION 28. In Colorado Revised Statutes, 22-2-117, amend
(1)(b)(I) and (1)(d) as follows:
22-2-117. Additional power - state board - waiver of
requirements - rules. (1) (b) The state board shall not waive any of the
requirements specified in any of the following statutory provisions:
(I) The "Public School Finance Act of 1994 2025", article 54 of this
title TITLE 22;
(d) In addition to any requirements for a waiver application that are
specified in this subsection (1), any application submitted by a school
district that has a funded pupil count, as defined in section 22-54-103 (7)
DETERMINED PURSUANT TO ARTICLE 54 OF THIS TITLE 22, of three thousand
or more pupils shall demonstrate that such THE application has the consent
of a majority of the appropriate accountability committee, a majority of the
affected licensed administrators, and a majority of the teachers of the
affected school or district.
SECTION 29. In Colorado Revised Statutes, 22-30-105, amend (1)
introductory portion and (1)(b) as follows:
22-30-105. Activation of the school district organization
planning process. (1) The appointment of a school organization planning
committee charged to study school district organization shall
MUST occur
when the commissioner is notified that any of the following conditions
exist:
(b) A petition committee, as defined in section 22-30-103 (10),
presents a petition to the commissioner and to the county clerk and recorder
of each county in which the headquarters of a school district that will be
affected by the actions of a planning committee are located requesting the
PAGE 66-HOUSE BILL 24-1448 appointment of a school organization planning committee. Such THE
petition shall MUST contain a statement indicating the school districts to be
involved. If only one school district is involved, the petition shall MUST be
signed by fifteen percent of that school district's eligible electors. If multiple
school districts are involved, the petition shall
MUST be signed by fifteen
percent of the eligible electors in each involved school district; except that,
if the petition requests only consideration of detachment and annexation, the
petition shall
MUST be signed by twenty-five percent of the eligible electors
residing in the area to be detached and annexed. If multiple school districts
are involved, the petition does not request consideration of a detachment
and annexation, and the pupil enrollment of a school district for purposes
of the "Public School Finance Act of 1994
2025" is greater than thirty
thousand pupils, the petition shall MUST be signed by five percent of the
eligible electors in that school district. Such petitions shall be A PETITION
IS
deemed sufficient by the county clerk and recorder in the county of each
involved school district. Only one such
petition may be presented to the
commissioner and the county clerk and recorder in the county of each
involved school district in any three consecutive calendar years.
SECTION 30. In Colorado Revised Statutes, 22-30-114, amend
(1)(k) as follows:
22-30-114. Requirements for plan of organization. (1) The plan
of organization must include, but need not be limited to, consideration of
the following:
(k) If the plan of organization results in the creation of a new school
district, a source of operating funds to be used by the new school district
prior to receiving the state share of the total district program pursuant to the
"Public School Finance Act of 1994
2025", article 54 of this title TITLE 22,
on July 1 of the new school district's first budget year.
SECTION 31. In Colorado Revised Statutes, amend 22-30-120.5
as follows:
22-30-120.5. Effective date for purposes of school finance.
Notwithstanding the provisions of section 22-30-120, for purposes of
determining funding under PURSUANT TO the "Public School Finance Act
of 1994 2025", article 54 of this title TITLE 22, any plan of organization
approved at a special school district organization election shall MUST take
PAGE 67-HOUSE BILL 24-1448 effect on the next July 1 following certification of the election results.
SECTION 32. In Colorado Revised Statutes, 22-30-129, amend (7)
as follows:
22-30-129. Dissolution and annexation - exemptions from the
school district organization planning process. (7) The dissolution and
annexation of a school district is effective for all purposes on the date
specified in the final plan of organization; except that, for purposes of
determining funding pursuant to the "Public School Finance Act of 1994
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.
SECTION 33. In Colorado Revised Statutes, 22-30.5-103, amend
(6.5) as follows:
22-30.5-103. Definitions. As used in this part 1, unless the context
otherwise requires:
(6.5) "Private school" means a primary or secondary educational
institution for students in kindergarten through twelfth grade or any portion
thereof that may or may not have attained nonprofit status, that does not
receive state funding through the "Public School Finance Act of 1994
2025", article 54 of this title TITLE 22, and that is supported in whole or in
part by tuition payments or private donations.
SECTION 34. In Colorado Revised Statutes, 22-30.5-104, amend
(6)(a) and (6)(c)(IV) as follows:
22-30.5-104. Charter school - requirements - authority - rules -
definitions. (6) (a) Pursuant to contract, a charter school may operate free
from specified school district policies and free from state rules as provided
in paragraph (b) of this subsection (6) PURSUANT TO SUBSECTION (6)(b) OF
THIS SECTION
. Pursuant to contract, a local board of education may waive
locally imposed school district requirements, without seeking approval of
the state board; except that a charter school shall not, by contract or
PAGE 68-HOUSE BILL 24-1448 otherwise, operate free of the requirements contained in the "Public School
Finance Act of 1994 2025", article 54 of this title TITLE 22, the requirements
specified in part 4 of article 11 of this title TITLE 22 concerning school
accountability committees, or the requirements contained in the "Children's
Internet Protection Act", article 87 of this title
TITLE 22.
(c) A school district, on behalf of a charter school, may apply to the
state board for a waiver of a state statute or state rule that is not an
automatic waiver. Notwithstanding any provision of this subsection (6) to
the contrary, the state board may not waive any statute or rule relating to:
(IV) The "Public School Finance Act of 1994
2025", article 54 of
this title 22;
SECTION 35. In Colorado Revised Statutes, 22-30.5-112, amend
(1)(a)(II), (2)(a.5)(II), (2)(a.5)(II.5), and (2)(e)(II)(B) as follows:
22-30.5-112. Charter schools - financing - guidelines -
definitions. (1) (a) (II) On and after July 1, 2023, For purposes of the
"Public School Finance Act of 1994 2025", article 54 of this title 22, pupils
enrolled in a charter school are included in the pupil enrollment or the
online pupil enrollment, whichever is applicable, of the school district that
granted its charter. The school district that granted its charter shall report to
the department the number of pupils included in the school district's pupil
enrollment and the school district's online pupil enrollment that are actually
enrolled in each charter school.
(2) (a.5) As used in this subsection (2):
(II) "District per pupil revenues" means the district's total program
as defined in section 22-54-103 (6) for any budget year divided by the
district's funded pupil count as defined in section 22-54-103 (7) for said
DETERMINED BY ARTICLE 54 OF THIS TITLE 22 FOR THE APPLICABLE budget
year.
(II.5) "District per pupil online funding" means a school district's
online funding, as specified in section 22-54-104 (4.5) DETERMINED BY
ARTICLE
54 OF THIS TITLE 22, divided by the district's online pupil
enrollment for any budget year.
PAGE 69-HOUSE BILL 24-1448 (2) (e) (II) (B) Notwithstanding the provisions of subsection
(2)(e)(II)(A) of this section, to the contrary if the general assembly amends
the "Public School Finance Act of 1994 2025", article 54 of this title 22, to
count a student enrolled in kindergarten only as a half-day pupil, with or
without the addition of supplemental kindergarten enrollment as defined in
section 22-54-103 (15) for purposes of calculating the funded pupil count
as defined in section 22-54-103 (7)
DETERMINED BY ARTICLE 54 OF THIS
TITLE
22, a charter school may charge the student's parents tuition or a fee
for the portion of the school day for which it does not receive funding for
the student pursuant to the "Public School Finance Act of 1994
2025";
except that the amount of tuition or fee charged shall MUST not exceed the
amount of tuition or fee that the charter school charged to attend a full-day
kindergarten educational program for the 2018-19 budget year, adjusted for
inflation and prorated by the percentage of the school day for which the
student is no longer funded by the "Public School Finance Act of 1994
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.
SECTION 36. In Colorado Revised Statutes, 22-30.5-112.1, amend
(1)(b), (1)(g), (1)(i), and (1)(j.2) as follows:
22-30.5-112.1. Charter schools - exclusive jurisdiction districts
- authorized on or after July 1, 2004 - financing - definitions. (1) As
used in this section, unless the context otherwise requires:
(b) "At-risk funding" means the amount of funding determined in
accordance with the formulas described in section 22-54-104 (4)
APPLICABLE AT-RISK FUNDING FORMULA PURSUANT TO ARTICLE 54 OF THIS
TITLE
22.
(g) "District funded pupil count" shall have the same meaning asprovided in section 22-54-103 (7) MEANS THE FUNDED PUPIL COUNT
DETERMINED PURSUANT TO ARTICLE
54 OF THIS TITLE 22.
(i) "District per pupil online funding" means a school district's
online funding, as specified in section 22-54-104 (4.5)
AS DETERMINED IN
ARTICLE
54 OF THIS TITLE 22, divided by the district's online pupil
enrollment for any budget year.
PAGE 70-HOUSE BILL 24-1448 (j.2) "English language learner funding" means the amount of
funding determined in accordance with the formula described in section
22-54-104 (4.3) APPLICABLE ENGLISH LANGUAGE LEARNER FUNDING
FORMULA PURSUANT TO ARTICLE
54 OF THIS TITLE 22.
SECTION 37. In Colorado Revised Statutes, 22-30.5-507, amend
(7)(b)(IV) as follows:
22-30.5-507. Institute charter school - requirements - authority
- rules - definitions. (7) (b) An institute charter school may apply to the
state board, through the institute, for a waiver of state statutes and state
rules that are not automatic waivers. The state board may waive state
statutory requirements or rules promulgated by the state board; except that
the state board may not waive any statute or rule relating to:
(IV) The provisions of the "Public School Finance Act of 1994
2025", article 54 of this title 22;
SECTION 38. In Colorado Revised Statutes, 22-30.5-513, amend
(1)(c), (1)(d.2), (1)(e), (1)(g), (2)(e)(II), and (3)(b) as follows:
22-30.5-513. Institute charter schools - funding - at-risk
supplemental aid - legislative declaration - definitions. (1) As used in
this section, unless the context otherwise requires:
(c) "Accounting district's at-risk funding" means the amount of
funding for at-risk pupils in the accounting district determined in
accordance with the formulas
APPLICABLE AT-RISK FUNDING FORMULA
described in section 22-54-104 (4) PURSUANT TO ARTICLE 54 OF THIS TITLE
22.
(d.2) "Accounting district's English language learner funding"
means the amount of funding for English language learner pupils in the
accounting district determined in accordance with the
APPLICABLE ENGLISH
LANGUAGE LEARNER FUNDING
formula described in section 22-54-104 (4.3)
PURSUANT TO ARTICLE 54 OF THIS TITLE 22.
(e) "Accounting district's funded pupil count" shall have the same
meaning as the term "district funded pupil count" defined in section
22-54-103 (7) MEANS THE FUNDED PUPIL COUNT DETERMINED PURSUANT TO
PAGE 71-HOUSE BILL 24-1448 ARTICLE 54 OF THIS TITLE 22.
(g) "Accounting district's per pupil online funding" means
THE
online funding as specified in section 22-54-104 (4.5),
FORMULA DESCRIBED
PURSUANT TO ARTICLE
54 OF THIS TITLE 22 for any budget year divided by
the online pupil enrollment.
(2) (e) (II) Notwithstanding the provisions of subsection (2)(e)(I) of
this section to the contrary, if the general assembly amends the "Public
School Finance Act of 1994
2025", article 54 of this title 22, to count a
student enrolled in kindergarten only as a half-day pupil, with or without the
addition of supplemental kindergarten enrollment as defined in section
22-54-103 (15) for purposes of calculating the funded pupil count as
defined in section 22-54-103 (7)
DETERMINED PURSUANT TO ARTICLE 54 OF
THIS TITLE
22, an institute charter school may charge the student's parents
tuition or a fee for the portion of the school day for which it does not
receive funding for the student pursuant to the "Public School Finance Act
of 1994
2025"; except that the amount of tuition or fee charged shall MUST
not exceed the amount of tuition or fee that the institute charter school
charged to attend a full-day kindergarten educational program for the
2018-19 budget year, adjusted for inflation and prorated by the percentage
of the school day for which the student is no longer funded by the "Public
School Finance Act of 1994
2025". As used in this subsection (2)(e)(II),
"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.
(3) (b) For purposes of the "Public School Finance Act of 1994
2025", article 54 of this title TITLE 22, the department shall add the pupils
enrolled in an institute charter school to the funded pupil count and the
online pupil enrollment of the institute charter school's accounting district.
SECTION 39. In Colorado Revised Statutes, 22-30.5-513.1, amend
(2)(b) as follows:
22-30.5-513.1. Mill levy equalization - fund created - legislative
declaration - definitions. (2) (b) The institute shall annually distribute the
money appropriated or transferred to the fund to the institute charter schools
on an equal per-pupil basis; except that, in any budget year, an institute
PAGE 72-HOUSE BILL 24-1448 charter school shall MUST not receive a per pupil amount that is greater than
the total amount of additional mill levy revenue, as defined in section
22-32-108.5, that the accounting district for the institute charter school is
authorized to collect, divided by the funded pupil count, as defined in
section 22-54-103 DETERMINED PURSUANT TO ARTICLE 54 OF THIS TITLE 22,
of the accounting district for the applicable budget year. The money
distributed pursuant to this section is in addition to money distributed to
institute charter schools pursuant to section 22-30.5-513. The institute has
continuous spending authority over all interest and income in the fund.
SECTION 40. In Colorado Revised Statutes, 22-30.7-107, amend
(2) introductory portion and (2)(b) as follows:
22-30.7-107. Funding. (2) For the 2008-09 budget year, and for
each budget year thereafter, For purposes of determining total program
funding pursuant to article 54 of this title TITLE 22:
(b) (I) A school district that is providing a multi-district online
school, or a school district in which a district charter school is providing a
multi-district online school, shall include each student who is enrolled in the
multi-district online school as of the pupil enrollment count day of the
applicable budget year in the school district's online pupil enrollment for the
applicable budget year and shall
MUST receive online funding as specified
in section 22-54-104 (4.5) ARTICLE 54 OF THIS TITLE 22.
(II) An institute charter school that is providing a multi-district
online school shall include each student who is enrolled in the multi-district
online school as of the pupil enrollment count day of the applicable budget
year in the institute charter school's online enrollment for the applicable
budget year and shall
MUST receive online funding as specified in section
22-54-104 (4.5) ARTICLE 54 OF THIS TITLE 22.
SECTION 41. In Colorado Revised Statutes, 22-32-108.5, amend
(2)(g) as follows:
22-32-108.5. Board of education - distribution of additional mill
levy revenue - legislative declaration - definitions. (2) As used in this
section, unless the context otherwise requires:
(g) "Per pupil mill levy share" means an amount equal to the total
PAGE 73-HOUSE BILL 24-1448 amount of additional mill levy revenue that a participating school district
collects for a budget year divided by the school district's funded pupil count,
as defined in section 22-54-103
DETERMINED PURSUANT TO ARTICLE 54 OF
THIS TITLE
22, for that budget year.
SECTION 42. In Colorado Revised Statutes, 22-32-119, amend
(1)(b) as follows:
22-32-119. Kindergartens - definition. (1) (b) Notwithstanding the
provisions of subsection (1)(a) of this section to the contrary, if the general
assembly amends the "Public School Finance Act of 1994
2025", article 54
of this title 22, to count a student enrolled in kindergarten only as a half-day
pupil, with or without the addition of supplemental kindergarten enrollment
as defined in section 22-54-103 (15) for purposes of calculating the funded
pupil count as defined in section 22-54-103 (7)
DETERMINED PURSUANT TO
ARTICLE
54 OF THIS TITLE 22, a school district may charge the student's
parents tuition or a fee for the portion of the school day for which it does
not receive funding for the student pursuant to the "Public School Finance
Act of 1994
2025"; except that the amount of tuition or fee charged shall
MUST not exceed the amount of tuition or fee that the school district charged
to attend a full-day kindergarten educational program for the 2018-19
budget year, adjusted for inflation and prorated by the percentage of the
school day for which the student is no longer funded by the "Public School
Finance Act of 1994
2025". As used in this subsection (1)(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.
SECTION 43. In Colorado Revised Statutes, 22-32-141, amend
(4)(a) as follows:
22-32-141. Student awaiting trial as adult - educational services
- definitions. (4) (a) In any budget year in which a school district is
providing educational services to a juvenile pursuant to this section on the
pupil enrollment count day of said
THE budget year, the school district may
include the juvenile in its pupil enrollment, as defined in section 22-54-103
(10), for purposes of determining the school district's total program funding
under the "Public School Finance Act of 1994
2025", article 54 of this title
TITLE 22.
PAGE 74-HOUSE BILL 24-1448 SECTION 44. In Colorado Revised Statutes, 22-32.5-108, amend
(3) introductory portion and (3)(a) as follows:
22-32.5-108. District of innovation - waiver of statutory and
regulatory requirements. (3) Designation as a district of innovation shall
MUST not affect a school district's:
(a) Total program funding calculated pursuant to the "Public School
Finance Act of 1994 2025", article 54 of this title TITLE 22; or
SECTION 45. In Colorado Revised Statutes, 22-33-104.5, amend
(6)(a) as follows:
22-33-104.5. Home-based education - guidelines - legislative
declaration - definitions. (6) (a) If a child is participating in a nonpublic
home-based educational program but also attending a public school for a
portion of the school day, the school district of the public school shall be
entitled to MAY count such THE child in accordance with the provisions of
section 22-54-103 (10) for purposes of determining pupil enrollment under
PURSUANT TO the "Public School Finance Act of 1994 2025", article 54 of
this title TITLE 22.
SECTION 46. In Colorado Revised Statutes, 22-35-105, amend (2)
introductory portion and (2)(a) as follows:
22-35-105. Financial provisions - payment of tuition. (2) If a
qualified student concurrently enrolls in a course offered by an institution
of higher education, the institution shall be
IS responsible for course
content, placement of the student in the course, and the quality of
instruction. In addition, because the qualified student is receiving academic
credit at his or her
THE QUALIFIED STUDENT'S local education provider for
the course pursuant to section 22-35-104 (5):
(a) The qualified student shall be IS included in the funded pupil
count of his or her THE STUDENT'S school district or, in the case of a student
enrolled in an institute charter school, of the school's accounting district, as
determined pursuant to the provisions of section 22-54-103 (7)
ARTICLE 54
OF THIS TITLE 22; and
SECTION 47. In Colorado Revised Statutes, 22-35-108, amend (3)
PAGE 75-HOUSE BILL 24-1448 as follows:
22-35-108. Accelerating students through concurrent enrollment
program - objectives - non-tuition expenses - rules. (3) A local education
provider may include each qualified student whom the local education
provider designates to participate in the ASCENT program pursuant to this
section in the district's funded pupil count, or, in the case of a qualified
student enrolled in an institute charter school, in the funded pupil count of
the school's accounting district, as provided in section 22-54-103 (7)
DETERMINED PURSUANT TO ARTICLE 54 OF THIS TITLE 22.
SECTION 48. In Colorado Revised Statutes, 22-35-108.5, amend
(3)(a) and (3)(b) as follows:
22-35-108.5. Teacher recruitment education and preparation
(TREP) program - objectives - selection criteria - rules. (3) (a) The local
education provider that enrolls a qualified student who is designated by the
department as a TREP program participant may include the student in the
school district's funded pupil count, or, in the case of a student enrolled in
an institute charter school, in the funded pupil count of the institute charter
school's accounting district as provided in section 22-54-103 (7)
DETERMINED PURSUANT TO ARTICLE 54 OF THIS TITLE 22.
(b) A local education provider that receives extended high school
funding, as described in section 22-54-104 (4.7) ARTICLE 54 OF THIS TITLE
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
institution of higher education to participate in the TREP program during
the next budget year.
SECTION 49. In Colorado Revised Statutes, 22-35-111, amend (2)
as follows:
22-35-111. Rules. (2) By July 1, 2020,
The state board shall adopt
rules to specify the number of postsecondary credits in which a qualified
student must be concurrently enrolled to qualify for full-time membership
for purposes of the "Public School Finance Act of 1994
2025", article 54 of
this title 22.
PAGE 76-HOUSE BILL 24-1448 SECTION 50. In Colorado Revised Statutes, 22-35.3-102, amend
(8) as follows:
22-35.3-102. Definitions. As used in this article 35.3, unless the
context otherwise requires:
(8) "Funded pupil count" has the same meaning as provided in
section 22-54-103 (7) MEANS THE FUNDED PUPIL COUNT AS DETERMINED
PURSUANT TO ARTICLE
54 OF THIS TITLE 22.
SECTION 51. In Colorado Revised Statutes, 22-35.3-104, amend
(1)(a) as follows:
22-35.3-104. P-tech schools - funding. (1) (a) To calculate district
total program pursuant to section 22-54-104
ARTICLE 54 OF THIS TITLE 22,
a school district that is approved to operate a p-tech school pursuant to
section 22-35.3-103, including a p-tech school that is a district charter
school, may include the students who are enrolled in grades nine through
twelve in the p-tech school in the school district's pupil enrollment, as
defined in section 22-54-103 (10), and may include the students who are
enrolled in grades thirteen and fourteen in the p-tech school in the school
district's district extended high school pupil enrollment.
SECTION 52. In Colorado Revised Statutes, 22-35.6-103, amend
(1) as follows:
22-35.6-103. High school innovative learning pilot program -
created - rules. (1) There is created in the department the high school
innovative learning pilot program to authorize full-time funding for students
enrolled in grades nine through twelve in high schools operated by selected
local education providers to enable the local education providers to provide
innovative learning opportunities for high school students to support them
in successful transitions from high school to postsecondary education or the
workforce. The department shall administer the pilot program by reviewing
applications and selecting the local education providers that propose an
innovative learning plan that meets the requirements specified in section
22-35.6-104 and is designed to ensure that students enrolled in grades nine
through twelve may participate in innovative learning opportunities before
graduation. A local education provider that is selected to participate in the
pilot program is authorized to count students who are enrolled in grades
PAGE 77-HOUSE BILL 24-1448 nine through twelve and are participating in innovative learning
opportunities as full-time pupils for purposes of the "Public School Finance
Act of 1994
2025", article 54 of this title 22, regardless of the actual number
of teacher-pupil instruction hours and teacher-pupil contact hours for each
pupil.
SECTION 53. In Colorado Revised Statutes, 22-40-102, amend
(1.7)(a) and (6)(a) as follows:
22-40-102. Certification - tax revenues - repeal. (1.7) (a) The
board of education of any school district, at the regular biennial election for
school district directors or on the dates authorized by section 22-54-108 for
elections for additional local property tax revenues under the "Public School
Finance Act of 1994
2025" shall submit to the eligible electors of the
district the question of whether to impose a mill levy for the payment of
excess transportation costs. If a majority of the votes cast at any such
THE
election are in favor of the question, an additional mill levy shall be IS
levied each year, and revenues received therefrom shall MUST be deposited
into the transportation fund of the district created in section 22-45-103
(1)(f).
(6) (a) Each school district, with such
assistance as may be required
from the department of education, shall inform the county treasurer for each
county within the district's boundaries no later than December 15 of each
year of said
THE district's general fund mill levy in the absence of funds
estimated to be received by said THE district pursuant to the "Public School
Finance Act of 1994 2025", article 54 of this title 22, and the estimated
funds to be received for the general fund of the district from the state.
SECTION 54. In Colorado Revised Statutes, 22-43.7-201, amend
(4)(a)(II)(A) as follows:
22-43.7-201. Full-day kindergarten facility capital construction
fund - creation - grants - definitions. (4) (a) As used in this subsection
(4), unless the context otherwise requires:
(II) "Equitable adjustment factor" means, with respect to both an
applicant and a potential applicant that does not actually apply for a grant
as authorized by this subsection (4), the sum of the applicant's:
PAGE 78-HOUSE BILL 24-1448 (A) Size factor, as determined pursuant to section 22-54-104
(5)(b)(I.5) ARTICLE 54 OF THIS TITLE 22;
SECTION 55. In Colorado Revised Statutes, amend 22-52-107 as
follows:
22-52-107. Funding of second chance program. It is the intent of
the general assembly that, after the initial appropriation made to the
department of education for the fiscal year beginning July 1, 1985, The
responsibilities and duties specified in this article shall MUST be performed
by the department of education and the participating school districts through
the funding available pursuant to the "Public School Finance Act of 1994
2025", article 54 of this title TITLE 22.
SECTION 56. In Colorado Revised Statutes, 22-55-102, amend
(14) and (18) as follows:
22-55-102. Definitions. As used in this article 55, unless the context
otherwise requires:
(14) "Statewide base per pupil funding" means the amount specified
for each budget year in section 22-54-104 (5)(a) ARTICLE 54 OF THIS TITLE
22.
(18) "Total program" or "total program education funding" means
a district's total program as determined pursuant to section 22-54-104 (1)
ARTICLE 54 OF THIS TITLE 22.
SECTION 57. In Colorado Revised Statutes, 22-55-104, amend (3)
introductory portion as follows:
22-55-104. Procedures relating to state education fund revenue
estimates - legislative declaration. (3) By February 1, 2002, and by each
February 1 thereafter, ON OR BEFORE EACH FEBRUARY 1, the staff of the
legislative council STAFF OF THE GENERAL ASSEMBLY , in consultation with
the state auditor, the office of state planning and budgeting, the state
treasurer, the department of education, and the joint budget committee, shall
cause to be conducted a review of the model used to forecast revenues in
and expenditures from the fund and the spending requirements of the
"Public School Finance Act of 1994
2025", article 54 of this title TITLE 22.
PAGE 79-HOUSE BILL 24-1448 Copies of the review shall MUST promptly be transmitted to the joint budget
committee, and the office of state planning and budgeting, and the
education committees of the senate and the house of representatives. The
review shall
MUST include, but need not be limited to, the following:
SECTION 58. In Colorado Revised Statutes, 22-55-106, amend (2)
as follows:
22-55-106. Statewide base per pupil funding - increases. (2) The
general assembly may annually appropriate moneys MONEY in the state
education fund, the general fund, any other state fund, or some combination
thereof, as necessary in the sole discretion of the general assembly, to
satisfy the requirements of subsection (1) of this section, and such moneys
shall THE MONEY MUST be distributed to public school districts and the state
charter school institute in accordance with the provisions of the "Public
School Finance Act of 1994
2025", article 54 of this title TITLE 22.
SECTION 59. In Colorado Revised Statutes, 24-77-104.5, amend
(3)(a) introductory portion and (3)(a)(I) as follows:
24-77-104.5. General fund exempt account - referendum C
money - specification of uses for health care and education - definitions.
(3) (a) Funding for preschool through twelfth grade education, as used in
subparagraph (II) of paragraph (b) of subsection (1) SUBSECTION (1)(b)(II)
of this section, shall be IS limited to funding for:
(I) Per-pupil funding for preschool through twelfth grade education
through the "Public School Finance Act of 1994 2025", article 54 of title 22,
C.R.S. or any successor act;
SECTION 60. In Colorado Revised Statutes, 25.5-10-206, amend
as it will become effective July 1, 2024, (7)(b) as follows:
25.5-10-206. Authorized long-term services and supports -
conditions of funding - purchase of services and supports - adult
protective services data system check - boards of county commissioners
- appropriation. (7) (b) Each school district shall pay to the case
management agency purchasing programs attended by a student with an
intellectual and developmental disability, who is domiciled in the school
district and may be counted in the district's pupil enrollment, an amount at
PAGE 80-HOUSE BILL 24-1448 least equal to the district's per pupil revenues as determined pursuant to the
"Public School Finance Act of 1994 2025", article 54 of title 22. This
subsection (7) applies to students who are less than twenty-two years of age.
SECTION 61. In Colorado Revised Statutes, 26.5-4-202, amend
(2)(a)(I) as follows:
26.5-4-202. Legislative declaration. (2) (a) The general assembly
further finds and declares that:
(I) In 2000, the voters approved section 17 of article IX of the state
constitution, which requires the general assembly to annually increase, by
at least the rate of inflation, the statewide base per pupil funding, as defined
by the "Public School Finance Act of 1994",
article 54 of title 22, for public
education from preschool through twelfth grade;
SECTION 62. In Colorado Revised Statutes, 26.5-4-208, amend
(6)(b) as follows:
26.5-4-208. Preschool provider funding - per-child rates - local
contribution - distribution and use of money - definitions - repeal.
(6) As used in this section, unless the context otherwise requires:
(b) "Funded pupil count" has the same meaning as provided in
section 22-54-103 MEANS THE FUNDED PUPIL COUNT AS DETERMINED
PURSUANT TO ARTICLE
54 OF TITLE 22.
SECTION 63. In Colorado Revised Statutes, 34-63-102, amend
(5.4) introductory portion and (5.4)(e)(III) as follows:
34-63-102. Creation of mineral leasing fund - distribution -
advisory committee - local government permanent fund created -
transfer of money - definitions. (5.4) Except as otherwise provided in
subsection (5.5) of this section, on and after July 1, 2008, all moneys
MONEY other than bonus payments, as defined in paragraph (b) of
subsection (5.3) SUBSECTION (5.3)(b) of this section, credited to the mineral
leasing fund created in subparagraph (II) of paragraph (a) of subsection (1)
SUBSECTION (1)(a)(II) of this section shall MUST be distributed on a
quarterly basis for quarters beginning on July 1, October 1, January 1, and
April 1 of each state fiscal year as follows:
PAGE 81-HOUSE BILL 24-1448 (e) (III) The executive director of the department of local affairs
shall make the distributions required by subparagraphs (I) and (II) of this
paragraph (e) SUBSECTIONS (5)(e)(I) AND (5)(e)(II) OF THIS SECTION at the
same time as the executive director makes distributions to counties pursuant
to paragraph (c) of this subsection (5.4)
SUBSECTION (5.4)(c) OF THIS
SECTION
, and the total amount of the distributions made to all school
districts within a single county shall
MUST be in proportion to the amount
of the moneys MONEY distributed directly to the county pursuant to said
paragraph (c) SUBSECTION (5.4)(c) OF THIS SECTION. Where more than one
school district exists within a county, the distribution to each school district
shall
MUST be the percentage that the most recent funded pupil count, as
determined pursuant to the "Public School Finance Act of 1994 2025",
article 54 of title 22, C.R.S. for pupils enrolled in the county attributable to
that school district bears to the most recent total funded pupil count for all
pupils attributable to the county.
SECTION 64. In Colorado Revised Statutes, 39-5-132, amend (5)
as follows:
39-5-132. Assessment and taxation of new construction.
(5) Moneys
MONEY received by a school district pursuant to this section
shall MUST be deposited in the district's capital reserve fund and shall MUST
not be included in calculating the amount of revenue which THAT a district
is entitled to receive from the property tax levy for the general fund of the
district under the "Public School Finance Act of 1994
2025", article 54 of
title 22. C.R.S.
SECTION 65. In Colorado Revised Statutes, 39-10-103, amend (2)
as follows:
39-10-103. Tax statement - repeal. (2) Each tax notice shall MUST
contain information regarding the actual school district general fund mill
levy and the school district general fund mill levy in absence of funds
estimated to be received by school districts pursuant to the "Public School
Finance Act of 1994
2025", article 54 of title 22, and the estimated funds
to be received for the general funds of districts from the state.
SECTION 66. In Colorado Revised Statutes, 39-10-114, amend
(1)(a)(I)(B) as follows:
PAGE 82-HOUSE BILL 24-1448 39-10-114. Abatement - cancellation of taxes. (1) (a) (I) (B) The
assessor shall certify the proportional amount of the total amount of
abatements and refunds granted pursuant to the provisions of this section to
the appropriate taxing entities at the same time that
AS the certification of
valuation for assessment is made pursuant to the provisions of section
39-5-128. Any taxing entity may adjust the amount of its tax levy authorized
pursuant to the provisions of section 29-1-301 C.R.S.
by an additional
amount which THAT does not exceed the proportional share of the total
amount of abatements and refunds made pursuant to the provisions of this
section. After calculating the amount of property tax revenues necessary to
satisfy the requirements of the "Public School Finance Act of 1994
2025",
article 54 of title 22, C.R.S. any school district shall add an amount equal
to the proportional share of the total amount of abatements and refunds
granted pursuant to the provisions of this section prior to the setting of the
mill levy for such school district. Any additional amount added pursuant to
the provisions of this subsection (1) shall
MUST not be included in the total
amount of revenue levied in said THE year for the purposes of computing
the limit for the succeeding year pursuant to the provisions of section
29-1-301. C.R.S. Where
WHEN a final determination is made granting an
abatement or refund pursuant to the provisions of this section, the
abatement or refund granted shall
MUST be payable at such time as
determined by the board of county commissioners after consultation with
affected taxing entities but no later than upon the payment of property taxes
for the property tax year in which said
THE final determination was made.
For the purposes of this sub-subparagraph (B) SUBSECTION (1)(a)(I)(B), a
taxing entity's proportional share of the total amount of abatements and
refunds granted shall
MUST be based upon the amount of tax levied by a
taxing entity on such THE real property in proportion to the total amount of
tax levied on such THE real property by such taxing entities.
SECTION 67. In Colorado Revised Statutes, 43-4-502, amend (2)
as follows:
43-4-502. Legislative declaration. (2) It is further the intent of the
general assembly that no provision of this part 5 shall affect AFFECTS the
FORMER "Public School Finance Act of 1973", article 50 of title 22, C.R.S.
the FORMER "Public School Finance Act of 1988", article 53 of title 22,
C.R.S. the FORMER "Public School Finance Act of 1994", article 54 of title
22, C.R.S. THE "PUBLIC SCHOOL FINANCE ACT OF 2025, ARTICLE 54 OF
TITLE
22, or any additional school financing mechanisms adopted by the
PAGE 83-HOUSE BILL 24-1448 general assembly.
SECTION 68. Appropriation. For the 2024-25 state fiscal year,
$184,433 is appropriated to the department of education. This appropriation
is from the general fund and is based on an assumption that the division will
require an additional 1.8 FTE. To implement this act, the department may
use this appropriation for administration related to public school finance.
SECTION 69. Appropriation. For the 2024-25 state fiscal year,
$11,500,000 is appropriated to the department of education. This
appropriation is from the charter school facilities assistance account, an
account within the public school capital construction assistance fund,
created in section 22-43.7-104 (2)(d), C.R.S. To implement this act, the
department may use this appropriation for state aid for charter school
facilities.
SECTION 70. Appropriation - adjustments to 2024 long bill.
(1) To implement this act, appropriations made in the annual general
appropriation act for the 2024-25 state fiscal year to the department of
education are adjusted as follows:
(a) The cash funds appropriation from the state public school fund
created in section 22-54-114 (1), C.R.S., estimated to be from interest and
income earned on the investment of money in the public school fund that is
credited to the state public school fund pursuant to section 22-41-102 (3)(h),
C.R.S., for the state share of districts' total program funding is decreased by
$5,000,000; and
(b) The cash funds appropriation from the state public school fund
created in section 22-54-114 (1) C.R.S., from interest and income earned on
the investment of money in the public school fund that is credited to the
state public school fund pursuant to section 22-41-102 (3)(h), C.R.S., for
at-risk per pupil additional funding is decreased by $5,000,000.
(2) For the 2024-25 state fiscal year, $10,000,000 is appropriated to
the department of education. This appropriation is from the state education
fund created in section 17 (4)(a) of article IX of the state constitution. To
implement this act, the department may use this appropriation as follows:
(a) $5,000,000 for the state share of districts' total program funding;
PAGE 84-HOUSE BILL 24-1448 and
(b) $5,000,000 for at-risk per pupil additional funding.
SECTION 71. Appropriation. (1) For the 2024-25 state fiscal
year, $32,875 is appropriated to the legislative department. This
appropriation is from the general fund. To implement this act, the
department may use this appropriation as follows:
(a) $2,359 for use by the general assembly;
(b) $22,047 for use by the legislative council, which amount is based
on an assumption that the legislative council will require an additional 0.3
FTE; and
(c) $8,469 for the committee on legal services, which amount is
based on an assumption that the committee will require an additional 0.1
FTE.
SECTION 72. Appropriation. For the 2023-24 state fiscal year,
$11,374,594 is appropriated to the department of education. This
appropriation is from the mill levy override match fund created in section
22-54-107.9 (6)(a), C.R.S. To implement this act, the department may use
this appropriation for mill levy override matching pursuant to section
22-54-107.9, C.R.S.
SECTION 73. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 85-HOUSE BILL 24-1448 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 86-HOUSE BILL 24-1448