First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0627.01 Megan McCall x4215 SENATE BILL 25-153 Senate Committees House Committees Education A BILL FOR AN ACT C ONCERNING ADDITIONAL PUBLIC SCHOOL FINANCIAL REPORTING101 REQUIREMENTS.102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) Under current law, the state charter school institute and each school district, board of cooperative services, and charter school is required to publicly report certain financial information online. The bill requires a school district to report all information for itself and for each of its traditional public schools beginning July 1, 2027. Each report must include additional information concerning actual marketing, student SENATE SPONSORSHIP Kolker, HOUSE SPONSORSHIP Garcia, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. recruitment, lobbying, contractor, and education management provider expenditures and all sources of revenue. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 22-44-304, amend2 (1)(a) introductory portion, (1)(d)(I), (1)(e), (1)(f), (3)(a), (4), and (5); and3 add (1)(a.1), (1)(a.5), (1)(a.7), (1)(d)(III), (3)(a.5), and (6) as follows:4 22-44-304. Financial reporting - online access to information5 - repeal. (1) (a) Commencing July 1, 2010, and on a continuing basis6 thereafter, THROUGH THE 2026-27 BUDGET YEAR, the institute and each7 school district, board of cooperative services, and charter school shall8 post the following information online, in a downloadable AND9 ACCESSIBLE format, for free public access:10 (a.1) (I) S UBSECTION (1)(a) OF THIS SECTION IS REPEALED ,11 EFFECTIVE JULY 1, 2027.12 (II) T HIS SUBSECTION (1)(a.1) IS REPEALED, EFFECTIVE JULY 1,13 2028.14 (a.5) B EGINNING JULY 1, 2027, AND ON A CONTINUING BASIS15 THEREAFTER, THE INSTITUTE, EACH SCHOOL DISTRICT FOR THE SCHOOL16 DISTRICT AND FOR EACH OF THE SCHOOL DISTRICT'S TRADITIONAL PUBLIC17 SCHOOLS, EACH BOARD OF COOPERATIVE SERVICES , AND EACH CHARTER18 SCHOOL SHALL POST THE FOLLOWING INFORMATION ON ITS PUBLIC19 WEBSITE FOR FREE, IN A DOWNLOADABLE, ACCESSIBLE, AND SORTABLE20 FORMAT:21 (I) T HE ANNUAL BUDGET;22 (II) T HE ANNUAL AUDITED FINANCIAL STATEMENTS ;23 (III) T HE SALARY SCHEDULES OR POLICIES;24 (IV) A N ITEMIZATION OF EACH REVENUE SOURCE , INCLUDING, AT25 SB25-153-2- A MINIMUM, EACH LOCAL SOURCE; STATE SOURCE; FEDERAL SOURCE;1 PRIVATE SOURCE; GIFT, GRANT, OR DONATION WITH A VALUE EQUAL TO OR2 GREATER THAN FIVE HUNDRED DOLLARS ; INVESTMENT INCOME; AND3 PROPERTY INCOME. EACH ITEMIZATION MUST INCLUDE , AT A MINIMUM,4 THE REVENUE SOURCE 'S NAME, THE REVENUE AMOUNT , AND A5 DESCRIPTION OF THE REVENUE'S INTENDED PURPOSE, IF ANY.6 (V) (A) A CTUAL EXPENDITURES, INCLUDING ACTUAL SALARY7 EXPENDITURES AND ACTUAL BENEFIT EXPENDITURES REPORTED BY JOB8 CATEGORY SPECIFIED IN THE STANDARD CHART OF ACCOUNTS AND9 INCLUDING AN ITEMIZATION OF EACH EXPENDITURE PAID FOR MARKETING ,10 FOR STUDENT RECRUITMENT , TO A LOBBYIST, A CONTRACTOR, OR AN11 EDUCATION MANAGEMENT PROVIDER . EACH ITEMIZATION MUST INCLUDE,12 AT A MINIMUM, THE EXPENDITURE RECIPIENT'S NAME, THE EXPENDITURE13 AMOUNT, AND A DESCRIPTION OF THE EXPENDITURE 'S PURPOSE.14 (B) N OTWITHSTANDING SUBSECTION (1)(a.5)(V)(A) OF THIS15 SECTION, A SCHOOL DISTRICT THAT TH E DEPARTMENT DETERMINES IS16 RURAL BASED ON THE GEOGRAPHIC SIZE OF THE SCHOOL DISTRICT AND THE17 DISTANCE OF THE SCHOOL DISTRICT FROM THE NEAREST LARGE ,18 URBANIZED AREA, AND THAT ENROLLS FEWER THAN ONE THOUSAND19 STUDENTS IN KINDERGARTEN THROUGH TWELFTH GRADE , IS NOT REQUIRED20 TO REPORT EXPENDITURES AT THE SCHOOL LEVEL EXCEPT FOR SCHOOL21 LEVEL EXPENDITURES THAT THE SCHOOL DISTRICT CHARGES TO A DISTRICT22 CHARTER SCHOOL.23 (VI) T HE FEDERAL FORM 990, 990-EZ, OR 990-PF, OR ANY24 ASSOCIATED SCHEDULES THAT THE INSTITUTE , SCHOOL DISTRICT, SCHOOL25 DISTRICT SCHOOL, BOARD OF COOPERATIVE SERVICES , OR CHARTER26 SCHOOL FILES, IF ANY.27 SB25-153 -3- (a.7) BEGINNING JULY 1, 2027, AND ON A CONTINUING BASIS1 THEREAFTER, IN ADDITION TO THE REPORTING REQUIREMENTS2 ESTABLISHED PURSUANT TO SUBSECTION (1)(a.5) OF THIS SECTION, EACH3 SCHOOL DISTRICT, IF REQUIRED PURSUANT TO SECTION 22-32-108.5, SHALL4 POST THE FOLLOWING INFORMATION ON ITS PUBLIC WEBSITE FOR FREE , IN5 A DOWNLOADABLE, ACCESSIBLE, AND SORTABLE FORMAT:6 (I) A COPY OF THE SCHOOL DISTRICT'S PLAN FOR DISTRIBUTING7 ADDITIONAL MILL LEVY REVENUE COLLECTED BY THE SCHOOL DISTRICT ;8 OR9 (II) A STATEMENT OF THE TOTAL AMOUNT OF ADDITIONAL MILL10 LEVY REVENUE COLLECTED BY THE SCHOOL DISTRICT FOR EACH PROPERTY11 TAX YEAR, THE AMOUNT DISTRIBUTED TO SUPPORT SPECIFIC STUDENT12 POPULATIONS AS DESCRIBED IN SECTION 22-32-108.5 (5)(b), AND THE13 TOTAL AMOUNT DISTRIBUTED FOR SAID STUDENT POPULATIONS AND ON A14 PER-PUPIL BASIS TO EACH CHARTER SCHOOL AND INNOVATION SCHOOL OF15 THE SCHOOL DISTRICT, AS A PERCENTAGE AND AS A DOLLAR AMOUNT .16 (d) (I) Additionally, commencing July 1, 2015, THROUGH THE17 2026-27 BUDGET YEAR, the institute and each school district, board of18 cooperative services, and charter school shall post in a format that can be 19 downloaded and sorted IS DOWNLOADABLE, ACCESSIBLE, AND SORTABLE,20 for free public access, the institute's, school district's, BOCES's, or charter21 school's actual expenditures, including but not limited to actual salary22 expenditures and actual benefit expenditures reported by job category23 specified in the standard chart of accounts, at the institute, school district,24 and BOCES level and at the school-site level.25 (III) T HIS SUBSECTION (1)(d) IS REPEALED, EFFECTIVE JULY 1,26 2027.27 SB25-153 -4- (e) (I) Additionally, commencing July 1, 2018, THROUGH THE1 2026-27 BUDGET YEAR, the institute and each school district, board of2 cooperative services, and charter school shall post on its website for free3 public access an easily accessible link to the federal form 990, 990-EZ,4 or 990-PF and any associated schedules that the institute, school district,5 board of cooperative services, or charter school files, if any.6 (II) T HIS SUBSECTION (1)(e) IS REPEALED, EFFECTIVE JULY 1, 2027.7 (f) (I) Additionally, commencing July 1, 2018, and on a8 continuing basis thereafter, THROUGH THE 2026-27 BUDGET YEAR, each9 school district, if required in section 22-32-108.5, shall:10 (I) (A) Post a copy of the school district's plan for distributing the11 additional mill levy revenue collected by the school district; or12 (II) (B) For the 2018-19 budget year, post a statement of intent to13 distribute the additional mill levy revenue to the charter schools and14 innovation schools of the school district on a per-pupil basis and, for the15 2019-20 budget year and for each budget year thereafter, a statement of16 the total amount of additional mill levy revenue collected by the school17 district for each property tax year, the amount distributed to support18 specific student populations as described in section 22-32-108.5 (5)(b),19 and the total amount distributed for said student populations and on a20 per-pupil basis to each charter school and innovation school of the school21 district, as a percentage and as a dollar amount.22 (II) T HIS SUBSECTION (1)(f) IS REPEALED, EFFECTIVE JULY 1, 2027.23 (3) (a) (I) T HROUGH THE 2026-27 BUDGET YEAR, the institute and24 each school district, board of cooperative services, and charter school25 shall update the information specified in subsections (1)(a) to (1)(c) and26 subsection (1)(e) of this section within sixty days after the institute's,27 SB25-153 -5- school district's, BOCES's, or charter school's completion or receipt of the1 applicable report, statement, or document. The institute and each school2 district, BOCES, and charter school shall update the information specified3 in subsection (1)(d) of this section annually by a date specified by the4 financial policies and procedures advisory committee. Each school district5 shall update the information specified in subsection (1)(f) of this section6 within thirty days after the school district board of education adopts a new7 or updated plan for distribution of additional mill levy revenue or, if the8 school district distributes the additional mill levy revenue on a per-pupil9 basis to the charter schools and innovation schools of the school district,10 within thirty days after the end of each budget year.11 (II) T HIS SUBSECTION (3)(a) IS REPEALED, EFFECTIVE JULY 1, 2027.12 (a.5) T HE INSTITUTE, EACH SCHOOL DISTRICT FOR THE SCHOOL13 DISTRICT AND FOR EACH OF THE SCHOOL DISTRICT'S TRADITIONAL PUBLIC14 SCHOOLS, EACH BOARD OF COOPERATIVE SERVICES , AND EACH CHARTER15 SCHOOL SHALL UPDATE THE INFORMATION SPECIFIED IN SUBSECTIONS16 (1)(a.5)(I), (1)(a.5)(II), (1)(a.5)(III), AND (1)(a.5)(VI) OF THIS SECTION17 WITHIN SIXTY DAYS AFTER THE INSTITUTE'S, SCHOOL DISTRICT'S, BOARD18 OF COOPERATIVE SERVICES ', OR CHARTER SCHOOL 'S COMPLETION OR19 RECEIPT OF THE APPLICABLE DOCUMENT . THE INSTITUTE AND EACH20 SCHOOL DISTRICT, BOARD OF COOPERATIVE SERVICES , AND CHARTER21 SCHOOL SHALL UPDATE THE INFORMATION SPECIFIED IN SUBSECTIONS22 (1)(a.5)(IV) AND (1)(a.5)(V) OF THIS SECTION ANNUALLY BY A DATE23 SPECIFIED BY THE FINANCIAL POLICIES AND PROCEDURES ADVISORY24 COMMITTEE. EACH SCHOOL DISTRICT SHALL UPDATE THE INFORMATION25 SPECIFIED IN SUBSECTION (1)(a.7) OF THIS SECTION WITHIN THIRTY DAYS26 AFTER THE SCHOOL DISTRICT BOARD OF EDUCATION ADOPTS A NEW OR27 SB25-153 -6- UPDATED PLAN FOR DISTRIBUTION OF ADDITIONAL MILL LEVY REVENUE1 OR, IF THE SCHOOL DISTRICT DISTRIBUTES THE ADDITIONAL MILL LEVY2 REVENUE ON A PER -PUPIL BASIS TO THE CHARTER SCHOOLS AND3 INNOVATION SCHOOLS OF THE SCHOOL DISTRICT , WITHIN THIRTY DAYS4 AFTER THE END OF EACH BUDGET YEAR .5 (4) No later than July 1, 2015, The financial policies and6 procedures advisory committee of the department shall create a template7 that the institute and school districts, BOCES, and charter schools must8 use to post all of the information specified in subsection (1) of this9 section, including but not limited to the site-level reporting requirements.10 The template may include both the type of electronic file posted as well11 as the information to be included in the posting. T HE TEMPLATE MUST BE12 IN AN ACCESSIBLE FORMAT.13 (5) In addition to the information required in subsection (1) of this14 section, the institute and each school district, TRADITIONAL PUBLIC15 SCHOOL, BOCES, and charter school shall provide a link to the16 department's website or the location information for the department's17 website where a member of the public may access information or reports18 that are submitted directly to the department.19 (6) T HE REPORTING REQUIREMENTS SET FORTH IN THIS SECTION DO20 NOT APPLY TO ANY EARLY CHILDHOOD PROGRAM .21 SECTION 2. In Colorado Revised Statutes, 22-30.5-104.7,22 amend (2) introductory portion and (2)(d)(III) as follows:23 22-30.5-104.7. Charter school networks - authority -24 definitions. (2) Notwithstanding any provision of this article ARTICLE25 30.5 to the contrary, a charter school network:26 (d) Is authorized to make necessary and appropriate expenditures27 SB25-153 -7- from any lawful source for central office purposes and to allocate funds1 among the schools that it operates, as permitted by law and consistent2 with the terms of the charter contract. A charter school network:3 (III) Commencing July 1, 2015, SHALL comply with section4 22-44-304 (1)(d) SECTION 22-44-304 in reporting expenditures at the local5 education provider and school-site level.6 SECTION 3. Act subject to petition - effective date. This act7 takes effect at 12:01 a.m. on the day following the expiration of the8 ninety-day period after final adjournment of the general assembly; except9 that, if a referendum petition is filed pursuant to section 1 (3) of article V10 of the state constitution against this act or an item, section, or part of this11 act within such period, then the act, item, section, or part will not take12 effect unless approved by the people at the general election to be held in13 November 2026 and, in such case, will take effect on the date of the14 official declaration of the vote thereon by the governor.15 SB25-153 -8-