1 | 1 | | First Regular Session |
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2 | 2 | | Seventy-fifth General Assembly |
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3 | 3 | | STATE OF COLORADO |
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4 | 4 | | INTRODUCED |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | LLS NO. 25-0627.01 Megan McCall x4215 |
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8 | 8 | | SENATE BILL 25-153 |
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9 | 9 | | Senate Committees House Committees |
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10 | 10 | | Education |
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11 | 11 | | A BILL FOR AN ACT |
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12 | 12 | | C |
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13 | 13 | | ONCERNING ADDITIONAL PUBLIC SCHOOL FINANCIAL REPORTING101 |
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14 | 14 | | REQUIREMENTS.102 |
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15 | 15 | | Bill Summary |
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16 | 16 | | (Note: This summary applies to this bill as introduced and does |
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17 | 17 | | not reflect any amendments that may be subsequently adopted. If this bill |
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18 | 18 | | passes third reading in the house of introduction, a bill summary that |
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19 | 19 | | applies to the reengrossed version of this bill will be available at |
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20 | 20 | | http://leg.colorado.gov |
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21 | 21 | | .) |
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22 | 22 | | Under current law, the state charter school institute and each |
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23 | 23 | | school district, board of cooperative services, and charter school is |
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24 | 24 | | required to publicly report certain financial information online. The bill |
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25 | 25 | | requires a school district to report all information for itself and for each |
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26 | 26 | | of its traditional public schools beginning July 1, 2027. Each report must |
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27 | 27 | | include additional information concerning actual marketing, student |
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28 | 28 | | SENATE SPONSORSHIP |
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29 | 29 | | Kolker, |
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30 | 30 | | HOUSE SPONSORSHIP |
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31 | 31 | | Garcia, |
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32 | 32 | | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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33 | 33 | | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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34 | 34 | | Dashes through the words or numbers indicate deletions from existing law. recruitment, lobbying, contractor, and education management provider |
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35 | 35 | | expenditures and all sources of revenue. |
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36 | 36 | | Be it enacted by the General Assembly of the State of Colorado:1 |
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37 | 37 | | SECTION 1. In Colorado Revised Statutes, 22-44-304, amend2 |
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38 | 38 | | (1)(a) introductory portion, (1)(d)(I), (1)(e), (1)(f), (3)(a), (4), and (5); and3 |
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39 | 39 | | add (1)(a.1), (1)(a.5), (1)(a.7), (1)(d)(III), (3)(a.5), and (6) as follows:4 |
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40 | 40 | | 22-44-304. Financial reporting - online access to information5 |
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41 | 41 | | - repeal. (1) (a) Commencing July 1, 2010, and on a continuing basis6 |
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42 | 42 | | thereafter, |
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43 | 43 | | THROUGH THE 2026-27 BUDGET YEAR, the institute and each7 |
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44 | 44 | | school district, board of cooperative services, and charter school shall8 |
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45 | 45 | | post the following information online, in a downloadable |
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46 | 46 | | AND9 |
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47 | 47 | | ACCESSIBLE format, for free public access:10 |
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48 | 48 | | (a.1) (I) S |
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49 | 49 | | UBSECTION (1)(a) OF THIS SECTION IS REPEALED ,11 |
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50 | 50 | | EFFECTIVE JULY 1, 2027.12 |
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51 | 51 | | (II) T |
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52 | 52 | | HIS SUBSECTION (1)(a.1) IS REPEALED, EFFECTIVE JULY 1,13 |
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53 | 53 | | 2028.14 |
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54 | 54 | | (a.5) B |
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55 | 55 | | EGINNING JULY 1, 2027, AND ON A CONTINUING BASIS15 |
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56 | 56 | | THEREAFTER, THE INSTITUTE, EACH SCHOOL DISTRICT FOR THE SCHOOL16 |
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57 | 57 | | DISTRICT AND FOR EACH OF THE SCHOOL DISTRICT'S TRADITIONAL PUBLIC17 |
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58 | 58 | | SCHOOLS, EACH BOARD OF COOPERATIVE SERVICES , AND EACH CHARTER18 |
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59 | 59 | | SCHOOL SHALL POST THE FOLLOWING INFORMATION ON ITS PUBLIC19 |
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60 | 60 | | WEBSITE FOR FREE, IN A DOWNLOADABLE, ACCESSIBLE, AND SORTABLE20 |
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61 | 61 | | FORMAT:21 |
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62 | 62 | | (I) T |
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63 | 63 | | HE ANNUAL BUDGET;22 |
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64 | 64 | | (II) T |
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65 | 65 | | HE ANNUAL AUDITED FINANCIAL STATEMENTS ;23 |
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66 | 66 | | (III) T |
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67 | 67 | | HE SALARY SCHEDULES OR POLICIES;24 |
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68 | 68 | | (IV) A |
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69 | 69 | | N ITEMIZATION OF EACH REVENUE SOURCE , INCLUDING, AT25 |
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70 | 70 | | SB25-153-2- A MINIMUM, EACH LOCAL SOURCE; STATE SOURCE; FEDERAL SOURCE;1 |
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71 | 71 | | PRIVATE SOURCE; GIFT, GRANT, OR DONATION WITH A VALUE EQUAL TO OR2 |
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72 | 72 | | GREATER THAN FIVE HUNDRED DOLLARS ; INVESTMENT INCOME; AND3 |
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73 | 73 | | PROPERTY INCOME. EACH ITEMIZATION MUST INCLUDE , AT A MINIMUM,4 |
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74 | 74 | | THE REVENUE SOURCE 'S NAME, THE REVENUE AMOUNT , AND A5 |
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75 | 75 | | DESCRIPTION OF THE REVENUE'S INTENDED PURPOSE, IF ANY.6 |
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76 | 76 | | (V) (A) A |
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77 | 77 | | CTUAL EXPENDITURES, INCLUDING ACTUAL SALARY7 |
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78 | 78 | | EXPENDITURES AND ACTUAL BENEFIT EXPENDITURES REPORTED BY JOB8 |
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79 | 79 | | CATEGORY SPECIFIED IN THE STANDARD CHART OF ACCOUNTS AND9 |
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80 | 80 | | INCLUDING AN ITEMIZATION OF EACH EXPENDITURE PAID FOR MARKETING ,10 |
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81 | 81 | | FOR STUDENT RECRUITMENT , TO A LOBBYIST, A CONTRACTOR, OR AN11 |
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82 | 82 | | EDUCATION MANAGEMENT PROVIDER . EACH ITEMIZATION MUST INCLUDE,12 |
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83 | 83 | | AT A MINIMUM, THE EXPENDITURE RECIPIENT'S NAME, THE EXPENDITURE13 |
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84 | 84 | | AMOUNT, AND A DESCRIPTION OF THE EXPENDITURE 'S PURPOSE.14 |
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85 | 85 | | (B) N |
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86 | 86 | | OTWITHSTANDING SUBSECTION (1)(a.5)(V)(A) OF THIS15 |
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87 | 87 | | SECTION, A SCHOOL DISTRICT THAT TH E DEPARTMENT DETERMINES IS16 |
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88 | 88 | | RURAL BASED ON THE GEOGRAPHIC SIZE OF THE SCHOOL DISTRICT AND THE17 |
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89 | 89 | | DISTANCE OF THE SCHOOL DISTRICT FROM THE NEAREST LARGE ,18 |
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90 | 90 | | URBANIZED AREA, AND THAT ENROLLS FEWER THAN ONE THOUSAND19 |
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91 | 91 | | STUDENTS IN KINDERGARTEN THROUGH TWELFTH GRADE , IS NOT REQUIRED20 |
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92 | 92 | | TO REPORT EXPENDITURES AT THE SCHOOL LEVEL EXCEPT FOR SCHOOL21 |
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93 | 93 | | LEVEL EXPENDITURES THAT THE SCHOOL DISTRICT CHARGES TO A DISTRICT22 |
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94 | 94 | | CHARTER SCHOOL.23 |
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95 | 95 | | (VI) T |
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96 | 96 | | HE FEDERAL FORM 990, 990-EZ, OR 990-PF, OR ANY24 |
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97 | 97 | | ASSOCIATED SCHEDULES THAT THE INSTITUTE , SCHOOL DISTRICT, SCHOOL25 |
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98 | 98 | | DISTRICT SCHOOL, BOARD OF COOPERATIVE SERVICES , OR CHARTER26 |
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99 | 99 | | SCHOOL FILES, IF ANY.27 |
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100 | 100 | | SB25-153 |
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101 | 101 | | -3- (a.7) BEGINNING JULY 1, 2027, AND ON A CONTINUING BASIS1 |
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102 | 102 | | THEREAFTER, IN ADDITION TO THE REPORTING REQUIREMENTS2 |
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103 | 103 | | ESTABLISHED PURSUANT TO SUBSECTION (1)(a.5) OF THIS SECTION, EACH3 |
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104 | 104 | | SCHOOL DISTRICT, IF REQUIRED PURSUANT TO SECTION 22-32-108.5, SHALL4 |
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105 | 105 | | POST THE FOLLOWING INFORMATION ON ITS PUBLIC WEBSITE FOR FREE , IN5 |
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106 | 106 | | A DOWNLOADABLE, ACCESSIBLE, AND SORTABLE FORMAT:6 |
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107 | 107 | | (I) A |
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108 | 108 | | COPY OF THE SCHOOL DISTRICT'S PLAN FOR DISTRIBUTING7 |
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109 | 109 | | ADDITIONAL MILL LEVY REVENUE COLLECTED BY THE SCHOOL DISTRICT ;8 |
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110 | 110 | | OR9 |
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111 | 111 | | (II) A |
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112 | 112 | | STATEMENT OF THE TOTAL AMOUNT OF ADDITIONAL MILL10 |
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113 | 113 | | LEVY REVENUE COLLECTED BY THE SCHOOL DISTRICT FOR EACH PROPERTY11 |
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114 | 114 | | TAX YEAR, THE AMOUNT DISTRIBUTED TO SUPPORT SPECIFIC STUDENT12 |
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115 | 115 | | POPULATIONS AS DESCRIBED IN SECTION 22-32-108.5 (5)(b), AND THE13 |
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116 | 116 | | TOTAL AMOUNT DISTRIBUTED FOR SAID STUDENT POPULATIONS AND ON A14 |
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117 | 117 | | PER-PUPIL BASIS TO EACH CHARTER SCHOOL AND INNOVATION SCHOOL OF15 |
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118 | 118 | | THE SCHOOL DISTRICT, AS A PERCENTAGE AND AS A DOLLAR AMOUNT .16 |
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119 | 119 | | (d) (I) Additionally, commencing July 1, 2015, |
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120 | 120 | | THROUGH THE17 |
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121 | 121 | | 2026-27 |
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122 | 122 | | BUDGET YEAR, the institute and each school district, board of18 |
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123 | 123 | | cooperative services, and charter school shall post in a format that can be |
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124 | 124 | | 19 |
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125 | 125 | | downloaded and sorted IS DOWNLOADABLE, ACCESSIBLE, AND SORTABLE,20 |
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126 | 126 | | for free public access, the institute's, school district's, BOCES's, or charter21 |
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127 | 127 | | school's actual expenditures, including but not limited to actual salary22 |
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128 | 128 | | expenditures and actual benefit expenditures reported by job category23 |
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129 | 129 | | specified in the standard chart of accounts, at the institute, school district,24 |
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130 | 130 | | and BOCES level and at the school-site level.25 |
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131 | 131 | | (III) T |
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132 | 132 | | HIS SUBSECTION (1)(d) IS REPEALED, EFFECTIVE JULY 1,26 |
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133 | 133 | | 2027.27 |
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134 | 134 | | SB25-153 |
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135 | 135 | | -4- (e) (I) Additionally, commencing July 1, 2018, THROUGH THE1 |
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136 | 136 | | 2026-27 |
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137 | 137 | | BUDGET YEAR, the institute and each school district, board of2 |
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138 | 138 | | cooperative services, and charter school shall post on its website for free3 |
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139 | 139 | | public access an easily accessible link to the federal form 990, 990-EZ,4 |
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140 | 140 | | or 990-PF and any associated schedules that the institute, school district,5 |
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141 | 141 | | board of cooperative services, or charter school files, if any.6 |
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142 | 142 | | (II) T |
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143 | 143 | | HIS SUBSECTION (1)(e) IS REPEALED, EFFECTIVE JULY 1, 2027.7 |
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144 | 144 | | (f) (I) Additionally, commencing July 1, 2018, and on a8 |
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145 | 145 | | continuing basis thereafter, |
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146 | 146 | | THROUGH THE 2026-27 BUDGET YEAR, each9 |
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147 | 147 | | school district, if required in section 22-32-108.5, shall:10 |
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148 | 148 | | (I) |
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149 | 149 | | (A) Post a copy of the school district's plan for distributing the11 |
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150 | 150 | | additional mill levy revenue collected by the school district; or12 |
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151 | 151 | | (II) (B) For the 2018-19 budget year, post a statement of intent to13 |
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152 | 152 | | distribute the additional mill levy revenue to the charter schools and14 |
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153 | 153 | | innovation schools of the school district on a per-pupil basis and, for the15 |
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154 | 154 | | 2019-20 budget year and for each budget year thereafter, a statement of16 |
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155 | 155 | | the total amount of additional mill levy revenue collected by the school17 |
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156 | 156 | | district for each property tax year, the amount distributed to support18 |
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157 | 157 | | specific student populations as described in section 22-32-108.5 (5)(b),19 |
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158 | 158 | | and the total amount distributed for said student populations and on a20 |
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159 | 159 | | per-pupil basis to each charter school and innovation school of the school21 |
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160 | 160 | | district, as a percentage and as a dollar amount.22 |
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161 | 161 | | (II) T |
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162 | 162 | | HIS SUBSECTION (1)(f) IS REPEALED, EFFECTIVE JULY 1, 2027.23 |
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163 | 163 | | (3) (a) (I) T |
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164 | 164 | | HROUGH THE 2026-27 BUDGET YEAR, the institute and24 |
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165 | 165 | | each school district, board of cooperative services, and charter school25 |
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166 | 166 | | shall update the information specified in subsections (1)(a) to (1)(c) and26 |
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167 | 167 | | subsection (1)(e) of this section within sixty days after the institute's,27 |
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168 | 168 | | SB25-153 |
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169 | 169 | | -5- school district's, BOCES's, or charter school's completion or receipt of the1 |
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170 | 170 | | applicable report, statement, or document. The institute and each school2 |
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171 | 171 | | district, BOCES, and charter school shall update the information specified3 |
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172 | 172 | | in subsection (1)(d) of this section annually by a date specified by the4 |
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173 | 173 | | financial policies and procedures advisory committee. Each school district5 |
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174 | 174 | | shall update the information specified in subsection (1)(f) of this section6 |
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175 | 175 | | within thirty days after the school district board of education adopts a new7 |
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176 | 176 | | or updated plan for distribution of additional mill levy revenue or, if the8 |
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177 | 177 | | school district distributes the additional mill levy revenue on a per-pupil9 |
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178 | 178 | | basis to the charter schools and innovation schools of the school district,10 |
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179 | 179 | | within thirty days after the end of each budget year.11 |
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180 | 180 | | (II) T |
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181 | 181 | | HIS SUBSECTION (3)(a) IS REPEALED, EFFECTIVE JULY 1, 2027.12 |
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182 | 182 | | (a.5) T |
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183 | 183 | | HE INSTITUTE, EACH SCHOOL DISTRICT FOR THE SCHOOL13 |
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184 | 184 | | DISTRICT AND FOR EACH OF THE SCHOOL DISTRICT'S TRADITIONAL PUBLIC14 |
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185 | 185 | | SCHOOLS, EACH BOARD OF COOPERATIVE SERVICES , AND EACH CHARTER15 |
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186 | 186 | | SCHOOL SHALL UPDATE THE INFORMATION SPECIFIED IN SUBSECTIONS16 |
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187 | 187 | | (1)(a.5)(I), (1)(a.5)(II), (1)(a.5)(III), |
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188 | 188 | | AND (1)(a.5)(VI) OF THIS SECTION17 |
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189 | 189 | | WITHIN SIXTY DAYS AFTER THE INSTITUTE'S, SCHOOL DISTRICT'S, BOARD18 |
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190 | 190 | | OF COOPERATIVE SERVICES ', OR CHARTER SCHOOL 'S COMPLETION OR19 |
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191 | 191 | | RECEIPT OF THE APPLICABLE DOCUMENT . THE INSTITUTE AND EACH20 |
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192 | 192 | | SCHOOL DISTRICT, BOARD OF COOPERATIVE SERVICES , AND CHARTER21 |
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193 | 193 | | SCHOOL SHALL UPDATE THE INFORMATION SPECIFIED IN SUBSECTIONS22 |
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194 | 194 | | (1)(a.5)(IV) |
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195 | 195 | | AND (1)(a.5)(V) OF THIS SECTION ANNUALLY BY A DATE23 |
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196 | 196 | | SPECIFIED BY THE FINANCIAL POLICIES AND PROCEDURES ADVISORY24 |
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197 | 197 | | COMMITTEE. EACH SCHOOL DISTRICT SHALL UPDATE THE INFORMATION25 |
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198 | 198 | | SPECIFIED IN SUBSECTION (1)(a.7) OF THIS SECTION WITHIN THIRTY DAYS26 |
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199 | 199 | | AFTER THE SCHOOL DISTRICT BOARD OF EDUCATION ADOPTS A NEW OR27 |
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200 | 200 | | SB25-153 |
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201 | 201 | | -6- UPDATED PLAN FOR DISTRIBUTION OF ADDITIONAL MILL LEVY REVENUE1 |
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202 | 202 | | OR, IF THE SCHOOL DISTRICT DISTRIBUTES THE ADDITIONAL MILL LEVY2 |
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203 | 203 | | REVENUE ON A PER -PUPIL BASIS TO THE CHARTER SCHOOLS AND3 |
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204 | 204 | | INNOVATION SCHOOLS OF THE SCHOOL DISTRICT , WITHIN THIRTY DAYS4 |
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205 | 205 | | AFTER THE END OF EACH BUDGET YEAR .5 |
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206 | 206 | | (4) No later than July 1, 2015, The financial policies and6 |
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207 | 207 | | procedures advisory committee of the department shall create a template7 |
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208 | 208 | | that the institute and school districts, BOCES, and charter schools must8 |
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209 | 209 | | use to post all of the information specified in subsection (1) of this9 |
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210 | 210 | | section, including but not limited to the site-level reporting requirements.10 |
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211 | 211 | | The template may include both the type of electronic file posted as well11 |
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212 | 212 | | as the information to be included in the posting. T |
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213 | 213 | | HE TEMPLATE MUST BE12 |
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214 | 214 | | IN AN ACCESSIBLE FORMAT.13 |
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215 | 215 | | (5) In addition to the information required in subsection (1) of this14 |
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216 | 216 | | section, the institute and each school district, |
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217 | 217 | | TRADITIONAL PUBLIC15 |
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218 | 218 | | SCHOOL, BOCES, and charter school shall provide a link to the16 |
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219 | 219 | | department's website or the location information for the department's17 |
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220 | 220 | | website where a member of the public may access information or reports18 |
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221 | 221 | | that are submitted directly to the department.19 |
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222 | 222 | | (6) T |
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223 | 223 | | HE REPORTING REQUIREMENTS SET FORTH IN THIS SECTION DO20 |
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224 | 224 | | NOT APPLY TO ANY EARLY CHILDHOOD PROGRAM .21 |
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225 | 225 | | SECTION 2. In Colorado Revised Statutes, 22-30.5-104.7,22 |
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226 | 226 | | amend (2) introductory portion and (2)(d)(III) as follows:23 |
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227 | 227 | | 22-30.5-104.7. Charter school networks - authority -24 |
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228 | 228 | | definitions. (2) Notwithstanding any provision of this article |
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229 | 229 | | ARTICLE25 |
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230 | 230 | | 30.5 to the contrary, a charter school network:26 |
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231 | 231 | | (d) Is authorized to make necessary and appropriate expenditures27 |
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232 | 232 | | SB25-153 |
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233 | 233 | | -7- from any lawful source for central office purposes and to allocate funds1 |
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234 | 234 | | among the schools that it operates, as permitted by law and consistent2 |
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235 | 235 | | with the terms of the charter contract. A charter school network:3 |
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236 | 236 | | (III) Commencing July 1, 2015, SHALL comply with section4 |
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237 | 237 | | 22-44-304 (1)(d) SECTION 22-44-304 in reporting expenditures at the local5 |
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238 | 238 | | education provider and school-site level.6 |
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239 | 239 | | SECTION 3. Act subject to petition - effective date. This act7 |
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240 | 240 | | takes effect at 12:01 a.m. on the day following the expiration of the8 |
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241 | 241 | | ninety-day period after final adjournment of the general assembly; except9 |
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242 | 242 | | that, if a referendum petition is filed pursuant to section 1 (3) of article V10 |
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243 | 243 | | of the state constitution against this act or an item, section, or part of this11 |
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244 | 244 | | act within such period, then the act, item, section, or part will not take12 |
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245 | 245 | | effect unless approved by the people at the general election to be held in13 |
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246 | 246 | | November 2026 and, in such case, will take effect on the date of the14 |
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247 | 247 | | official declaration of the vote thereon by the governor.15 |
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248 | 248 | | SB25-153 |
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249 | 249 | | -8- |
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