Second Regular Session Sixty-seventh General Assembly STATE OF COLORADO INTRODUCED LLS NO. 10-0408.02 Julie Pelegrin SENATE BILL 10-131 SENATE SPONSORSHIP Shaffer B., HOUSE SPONSORSHIP Solano, Senate Committees House Committees Education A BILL FOR AN ACT Concerning funding incentives to encourage school districts to provide high-quality full-day kindergarten programs, and requiring a post-enactment review of the implementation of this act. 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://www.leg.state.co.us/billsummaries.) The bill encourages school districts to implement full-day kindergarten programs that meet specified quality criteria by providing additional per pupil funding for children enrolled in the program. The criteria include requiring the full-day kindergarten program to be available to every child of kindergarten-age who resides in the school district and whose parents choose to enroll him or her in full-day kindergarten, as well as other program-quality criteria. In each budget year in which a school district implements a full-day kindergarten program that meets the specified criteria, the school district will receive 1.3 of the district's per pupil revenue for each child enrolled in the full-day kindergarten program. The commissioner of education will verify each school district's certification of a full-day kindergarten program that qualifies for the increased funding. The bill exempts a school district that receives 1.3 per pupil funding for full-day kindergarten students from the statutory provision that provides hold-harmless full-day kindergarten funding and from other statutory restrictions on the use of full-day kindergarten funding. Two years after the bill is enacted, the legislative service agencies will conduct a post-enactment review to determine whether the bill, as implemented, is achieving the desired results and benefits specified in the legislative declaration in section 1 of the bill. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) It is the intent of the general assembly that this act will provide a sufficient monetary incentive to ensure that: (a) Every school district in the state will offer a free, full-day kindergarten program; (b) Each full-day kindergarten program is available to every child who resides in the school district, who is of the appropriate age to attend kindergarten, and whose parents choose to enroll him or her in full-day kindergarten; and (c) Each full-day kindergarten program meets the quality standards specified in section 22-32-119.5 (5), Colorado Revised Statutes. SECTION 2. 22-54-103 (15), Colorado Revised Statutes, is amended to read: 22-54-103. Definitions - repeal. As used in this article, unless the context otherwise requires: (15) (a) "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 said number by the number of pupils in the district who are enrolled in kindergarten for the applicable budget year. (b) For the purposes of this subsection (15), the full-day kindergarten factor for the 2008-09 and 2009-10 budget years, is fifty-eight hundredths of a full-day pupil. (c) For the purposes of this subsection (15), the full-day kindergarten factor for the 2010-11 budget year and budget years thereafter is: (I) Fifty-eight hundredths of a full-day pupil for a school district that does not certify pursuant to section 22-54-112 (5) implementation of a full-day kindergarten program that meets the criteria specified in section 22-32-119.5 (5); or (II) One and three tenths of a full-day pupil for a school district that certifies pursuant to section 22-54-112 (5) implementation of a full-day kindergarten program that meets the criteria specified in section 22-32-119.5 (5). SECTION 3. 22-54-112, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 22-54-112. Reports to the state board. (5) On or before June 1 of each year, the secretary of the board of education of each district that implements a full-day kindergarten program that meets the criteria specified in section 22-32-119.5 (5) shall certify to the state board that the district will implement said full-day kindergarten program in the coming school year. SECTION 4. 22-32-119.5, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 22-32-119.5. Full-day kindergarten - legislative declaration - phase-in plan - report - criteria for incentive funding. (5) (a) The general assembly finds that a full-day kindergarten program that meets the criteria specified in paragraph (b) of this subsection (5) is likely to significantly improve the school readiness and on-going academic achievement of children who are enrolled in and successfully complete the program. It is therefore in the best interests of the state to encourage school districts to implement full-day kindergarten programs that meet the criteria by providing incentive funding in an amount that exceeds the school district's per pupil revenue, as calculated pursuant to article 54 of this title, for each pupil enrolled in a full-day kindergarten program that meets said criteria. (b) To be eligible for incentive funding, a full-day kindergarten program shall meet all of the following criteria: (I) The full-day kindergarten program shall be available, without payment of tuition, to every child who resides in the school district, who is of the appropriate age to be counted as a kindergarten pupil pursuant to section 22-54-103 (10) (b) (I), and whose parents choose to enroll him or her in full-day kindergarten. (II) Each full-day kindergarten class shall not exceed fifteen children for each teacher and shall include an instructional assistant, in addition to the teacher. (III) Each teacher who teaches a full-day kindergarten class shall hold a valid teacher license issued pursuant to article 60.5 of this title that is endorsed for early childhood education. (IV) The full-day kindergarten program shall include developmentally appropriate activities and learning materials, including a focus on social skill development and play-based curriculum. (V) The full-day kindergarten program shall have sufficient flexibility to address each child's individual learning needs and accommodate a wide range of student skill levels. (VI) The school district shall ensure that the full-day kindergarten teachers receive appropriate educator professional development opportunities that are focused on improving skills related to best practices in early childhood education. (c) A local board of education that chooses to implement a full-day kindergarten program that meets the criteria specified in paragraph (b) of this subsection (5) shall certify implementation of the program to the state board of education as provided in section 22-54-112 (5) in order to calculate the district's supplemental kindergarten enrollment, as defined in section 22-54-103 (15), using the full-day kindergarten factor described in section 22-54-103 (15) (c) (II). SECTION 5. 22-2-112 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read: 22-2-112. Commissioner - duties. (1) Subject to the supervision of the state board, the commissioner has the following duties: (p) To verify a school district's certification of the implementation of a full-day kindergarten program that meets the criteria specified in section 22-32-119.5 (5) in order to receive the supplemental kindergarten enrollment calculated using the full-day kindergarten factor specified in section 22-54-103 (15) (c) (II). The department of education may verify this certification in conjunction with the audit of other certifications made by school districts to the department for the determination of state funding. SECTION 6. 22-54-130 (1), Colorado Revised Statutes, is amended to read: 22-54-130. Hold-harmless full-day kindergarten funding. (1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), for the 2008-09 budget year and each budget year thereafter, a district that participated in the Colorado preschool program pursuant to article 28 of this title in the 2007-08 budget year and that served a percentage of children authorized to participate in the district's preschool program through a full-day kindergarten portion of the program in the 2007-08 budget year shall receive hold-harmless full-day kindergarten funding pursuant to this section. The funding paid pursuant to this section shall be in addition to the funding for supplemental kindergarten enrollment that the district receives pursuant to section 22-54-103 (7) (d). (b) For the 2010-11 budget year and budget years thereafter, the provisions of this section shall not apply to a district that receives the supplemental kindergarten enrollment calculated using the full-day kindergarten factor specified in section 22-54-103 (15) (c) (II). SECTION 7. 22-54-131 (4), Colorado Revised Statutes, is amended, and the said 22-54-131 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read: 22-54-131. Full-day kindergarten funding - guidelines - technical assistance - legislative intent - legislative declaration. (4) Except as otherwise provided in subsection (4.5) of this section, a district shall use the total amount received from supplemental kindergarten enrollment pursuant to section 22-54-103 (7) (d) and hold-harmless full-day kindergarten funding pursuant to section 22-54-130 to provide access to a full-day kindergarten program; except that in any budget year, if a district provides a full day of kindergarten to at least ninety percent of the pupils enrolled in kindergarten in the district who choose to attend a full day of kindergarten, the district may use the moneys from supplemental kindergarten enrollment and hold-harmless full-day kindergarten funding for purposes other than to provide access to a full-day kindergarten program. (4.5) For the 2010-11 budget year and budget years thereafter, the provisions of this section shall not apply to a district that receives the supplemental kindergarten enrollment calculated using the full-day kindergarten factor specified in section 22-54-103 (15) (c) (II). SECTION 8. Accountability. Two years after this act becomes law and in accordance with section 2-2-1201, Colorado Revised Statutes, the legislative service agencies of the Colorado General Assembly shall conduct a post-enactment review of the implementation of this act utilizing the information contained in the legislative declaration set forth in section 1 of this act. SECTION 9. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.