NOTE: This bill has been prepared for the signature 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. SENATE BILL 11-137 BY SENATOR(S) Hodge, Steadman, Lambert; also REPRESENTATIVE(S) Gerou, Becker, Ferrandino, Kagan. Concerning a supplemental appropriation to the department of education. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. The appropriation to the department of education for the fiscal year beginning July 1, 2010, as enacted in Part III of section 2 of chapter 453, Session Laws of Colorado 2010 (HB 10-1376), is amended to read: Section 2. Appropriation. PART III DEPARTMENT OF EDUCATION (1) MANAGEMENT AND ADMINISTRATION5 (A) Administration and Centrally-Appropriated Line Items State Board of Education 287,257 287,257 285,445 285,445 (2.0 FTE) General Department and Program Administration 3,728,582 2,112,245 93,572 a 1,522,765 b 3,738,511 2,092,763 122,983 a (48.0 FTE) (48.4 FTE) Office of Professional Services 1,860,700 1,860,700 c (23.0 FTE) Division of On-line Learning 371,720 371,720 d (3.5 FTE) Health, Life, and Dental 2,902,393 1,379,708 209,927 e 323,487 b 989,271 Short-term Disability 46,423 17,910 4,290 e 5,745 b 18,478 S.B. 04-257 Amortization Equalization Disbursement 714,960 275,835 66,069 e 88,481 b 284,575 S.B. 06-235 Supplemental Amortization Equalization Disbursement 519,325 200,359 47,990 e 64,270 b 206,706 Workers' Compensation 281,151 122,610 34,441 e 23,729 b 100,371 303,091 71,444 62,441 e 68,835 b Legal Services for 7,602 hours 557,759 204,169 207,946 f 133,017 g 12,627 Administrative Law Judge Services 79,754 34,303 h 45,451 i Payment to Risk Management and Property Funds 30,477 26,385 1,511 e 2,581 b Leased Space 11,500 11,500 j Capitol Complex Leased Space 547,414 107,019 50,417 e 120,103 b 269,875 109,675 94,641 e 73,223 b Reprinting and Distributing Laws Concerning Education 35,480 35,480 k Emeritus Retirement 10,875 10,875 (B) Information Technology Information Technology Services 1,459,861 832,715 627,146 l 1,453,563 826,417 (10.1 FTE) (6.9 FTE) School Accountability Reports and State Data Reporting System 1,292,172 1,292,172 1,285,865 1,285,865 (6.0 FTE) Purchase of Services from Computer Center 45,635 45,635 Information Technology Asset Maintenance 303,830 303,830 Disaster Recovery 19,722 19,722 (C) Assessments and Data Analyses Colorado Student Assessment Program 21,689,344 15,756,521 d 5,932,823 m (5.0 FTE) (6.8 FTE) Federal Grant for State Assessments and Related Activities 2,161,644 2,161,644 m (5.7 FTE) Longitudinal Analyses of Student Assessment Results 288,489 288,489 285,774 285,774 (3.0 FTE) Preschool to Postsecondary Education Alignment 569,332 569,332 d (5.0 FTE) (D) State Charter School Institute State Charter School Institute Administration, Oversight, and Management Management5a 1,736,338 1,736,338 j (16.5 FTE) Other Transfers to Institute Charter Schools 2,013,615 2,013,615 n Transfer of Federal Moneys to Institute Charter Schools 5,192,754 5,192,754 o (6.0 FTE) Department Implementation of Section 22-30.5-501 et seq., C.R.S. 202,842 202,842 j (2.6 FTE) 48,961,348 48,976,085 a This amount shall be from general education development program fees. b These amounts shall be from indirect cost recoveries and various appropriations to the Department of Education. c This amount shall be from the Educator Licensure Cash Fund created in Section 22-60.5-112 (1), C.R.S. d These amounts shall be from the State Education Fund created in Section 17 (4) (a) of Article IX of the State Constitution. e Of these amounts, $176,123 $218,008 shall be from the Educator Licensure Cash Fund created in Section 22-60.5-112 (1), C.R.S., $168,068 $183,072 shall be from the State Education Fund created in Section 17 (4) (a) of Article IX of the State Constitution, $57,988 $70,831 shall be from the Public School Capital Construction Assistance Fund created in Section 22-43.7-104 (1), C.R.S., and $12,466 $14,958 shall be from general education development program fees. f Of this amount, $179,706 shall be from the Educator Licensure Cash Fund created in Section 22-60.5-112 (1), C.R.S., and $28,240 shall be from the On-line Education Cash Fund created in Section 22-30.7-107 (4) (a), C.R.S. g Of this amount, $100,000 shall be from the Assistance to Public Schools, Public School Finance, State Share of Districts' Total Program Funding line item and $33,017 shall be from the Assistance to Public Schools, Grant Programs, Distributions, and Other Assistance, Capital Construction, Division of Public School Capital Construction Assistance line item. h This amount shall be from the Educator Licensure Cash Fund created in Section 22-60.5-112 (1), C.R.S. i This amount shall be from the Assistance to Public Schools, Categorical Programs, District Programs Required by Statute, Special Education Programs for Children with Disabilities line item. j These amounts shall be from the Assistance to Public Schools, Public School Finance, State Share of Districts' Total Program Funding line item. k As authorized by Section 22-2-112 (1) (i), C.R.S., publishing costs shall be paid out of State Public School Fund created in Section 22-54-114 (1), C.R.S. Specifically, this amount shall be from rental income earned on public school lands that is credited to the Public School Income Fund pursuant to Section 36-1-116 (1) (a), C.R.S., and transferred to the State Public School Fund pursuant to Section 22-54-114 (1), C.R.S. l Of this amount, $527,146 shall be from various appropriations to the Department of Education, and $100,000 shall be from the Assistance to Public Schools, Public School Finance, State Share of Districts' Total Program Funding line item. m These amounts shall be from the federal grant for state assessments and related activities authorized pursuant to Title VI, Part A, Section 6113 of the federal No Child Left Behind Act of 2001. n This amount shall be from various line items in the Assistance to Public Schools section. o This amount shall be from federal sponsored programs in the Assistance to Public Schools section. (2) ASSISTANCE TO PUBLIC SCHOOLS (A) Public School Finance Administration 1,473,774 1,473,774 a 1,525,774 52,000 e (18.3 FTE) State Share of Districts' Total Program Funding6 3,763,293,850 3,215,715,681 161,444,485 b 386,133,684 c 3,216,221,842 385,627,523 c Hold-harmless Full-day Kindergarten Funding 7,756,818 7,756,818 d 3,772,524,442 3,772,576,442 a This amount shall be from the Assistance to Public Schools, Public School Finance, State Share of Districts' Total Program Funding line item. b This amount shall be from the General Fund Exempt Account created in Section 24-77-103.6 (2), C.R.S. c Of this amount, $284,307,808 $283,801,647 shall be from the State Education Fund created in Section 17 (4) (a) of Article IX of the State Constitution, and $101,825,876 shall be from the State Public School Fund created in Section 22-54-114 (1), C.R.S. Pursuant to Section 17 (3) of Article IX of the Colorado Constitution, appropriations from the State Education Fund are not subject to the limitation on fiscal year spending set forth in Section 20 of Article X of the Colorado Constitution. Of the amount appropriated from the State Public School Fund, $55,470,000 is estimated to be from federal mineral leasing revenues transferred to the State Public School Fund pursuant to Section 22-54-114 (1), C.R.S., $31,600,000 is estimated to be from public school lands revenues made available pursuant to S.B. 10-150, $8,491,876 shall be from rental income earned on public school lands that is credited to the Public School Income Fund pursuant to Section 36-1-116 (1) (a), C.R.S., and transferred to the State Public School Fund pursuant to Section 22-54-114 (1), C.R.S., and $6,264,000 is estimated to be from reserves in the State Public School Fund. d This amount shall be from the State Education Fund created in Section 17 (4) (a) of Article IX of the State Constitution. e This amount shall be from the Average Daily Membership Study Fund created in Section 22-54-135 (10) (b), C.R.S. (B) Categorical Programs (I) District Programs Required by Statute Special Education Programs for Children with Disabilities 286,289,454 71,572,347 55,789,778 a 101,812 b 158,825,517 c (1.0 FTE) (63.5 FTE) English Language Proficiency Program 23,696,750 3,101,598 9,294,755 a 11,300,397 d (4.6 FTE) (II) Other Categorical Programs Public School Transportation 49,991,821 36,922,227 13,069,594 e (2.0 FTE) Transfer to the Department of Higher Education for Distribution of State Assistance for Career and Technical Education 23,296,124 17,792,850 5,503,274 a Special Education Programs for Gifted and Talented Children 9,059,625 5,500,000 3,559,625 a (0.5 FTE) Expelled and At-risk Student Services Grant Program 7,493,560 5,788,807 1,704,753 a (1.0 FTE) Small Attendance Center Aid 959,379 787,645 171,734 a Comprehensive Health Education 1,005,396 300,000 705,396 a (1.0 FTE) 401,792,109 a These amounts shall be from the State Education Fund created in Section 17 (4) (a) of Article IX of the State Constitution. Pursuant to Section 17 (3) of Article IX of the Colorado Constitution, appropriations from the State Education Fund are not subject to the limitation on fiscal year spending set forth in Section 20 of Article X of the Colorado Constitution. b This amount shall be from federal funds appropriated in the Department of Human Services. c This amount shall be from federal funds authorized pursuant to the federal Individuals with Disabilities Education Act. d This amount shall be from federal funds authorized pursuant to Title III of the federal No Child Left Behind Act of 2001. e Of this amount, $12,619,594 shall be from the State Education Fund created in Section 17 (4) (a) of Article IX of the State Constitution, and $450,000 shall be from the Public School Transportation Fund created in Section 22-51-103 (1), C.R.S. Pursuant to Section 17 (3) of Article IX of the Colorado Constitution, appropriations from the State Education Fund are not subject to the limitation on fiscal year spending set forth in Section 20 of Article X of the Colorado Constitution. (C) Grant Programs, Distributions, and Other Assistance (I) Health and Nutrition Federal Nutrition Programs 108,624,965 82,507 108,542,458 108,624,222 81,764 (0.9 FTE) (8.1 FTE) State Match for School Lunch Program 2,472,644 2,472,644 a Child Nutrition School Lunch Protection Program 850,000 850,000 b School Breakfast Program 500,000 500,000 Smart Start Smart Nutrition Program Fund 700,000 700,000 Start Smart Nutrition Program 670,000 670,000 c 794,229 94,229 c 700,000 c S.B. 97-101 Public School Health Services 148,314 148,314 d (1.4 FTE) (II) Capital Construction Division of Public School Capital Construction Assistance 895,147 895,147 e (9.0 FTE) Public School Capital Construction Assistance Board - Lease Payments 20,000,000 20,000,000 e Financial Assistance Priority Assessment 396,000 396,000 e State Aid for Charter School Capital Construction Facilities 5,000,000 5,000,000 b State Charter School Institute Capital Construction Assistance 875,636 875,636 f (III) Reading and Literacy Federal Title I Reading First Grant 300,000 300,000 g Read-to-Achieve Grant Program 6,500,000 6,500,000 h (1.0 FTE) Family Literacy Education Grant Program 30,000 30,000 i (IV) Professional Development and Instructional Support Closing the Achievement Gap 1,800,000 1,800,000 b Content Specialists 437,392 437,392 b (5.0 FTE) Office of Dropout Prevention and Student Reengagement 150,172 150,172 (2.0 FTE) School Leadership Academy Program 75,000 75,000 (0.7 FTE) (V) Summer and After-school Programs Healthy Choices Dropout Prevention Pilot Program 14,953 14,953 j (0.2 FTE) (VI) Facility Schools Facility Schools Unit and Facility Schools Board 258,109 258,109 k (3.0 FTE) Facility School Funding 17,900,000 17,900,000 b (VII) Other Assistance Appropriated Sponsored Programs 285,437,580 3,237,000 l 4,475,388 m 277,725,192 (6.0 FTE) (67.3 FTE) School Counselor Corps Grant Program 4,998,500 4,998,500 b (1.0 FTE) Contingency Reserve Fund 500,000 500,000 n 3,446,551 2,946,551 Supplemental On-line Education Services 480,000 480,000 o Supplemental On-line Education Grant Program 50,000 50,000 o School Awards Program 250,000 250,000 p Interstate Compact on Educational Opportunity for Military Children 30,185 30,185 b 460,344,597 463,414,634 a This amount shall be from rental income earned on public school lands that is credited to the Public School Income Fund pursuant to Section 36-1-116 (1) (a), C.R.S., and transferred to the State Public School Fund pursuant to Section 22-54-114 (1), C.R.S. b These amounts shall be from the State Education Fund created in Section 17 (4) (a) of Article IX of the State Constitution. Pursuant to Section 17 (3) of Article IX of the Colorado Constitution, appropriations from the State Education Fund are not subject to the limitation on fiscal year spending set forth in Section 20 of Article X of the Colorado Constitution. c This amount These amounts shall be from the Start Smart Nutrition Program Fund created in Section 22-82.7-105 (1), C.R.S., including $700,000 General Fund that is credited to the Fund in FY 2010-11 and $94,229 from fund reserves. d This amount shall be from federal Medicaid funds transferred from the Department of Health Care Policy and Financing. e These amounts shall be from the Public School Capital Construction Assistance Fund created in Section 22-43.7-104 (1), C.R.S. f This amount shall be from the Institute Charter School Capital Construction Assistance Fund created in Section 22-30.5-505.5, C.R.S. g This amount shall be from federal funds authorized pursuant to Title I, Part B, Subpart 1 of the federal No Child Left Behind Act of 2001. h This amount shall be from the Read-to-Achieve Cash Fund created in Section 22-7-908 (1), C.R.S. This amount includes $4,801,594 based on the projected transfer of tobacco settlement moneys to the Read-to-Achieve Cash Fund pursuant to Section 24-75-1104.5 (1) (h), C.R.S.; pursuant to Section 24-22-116, C.R.S., tobacco litigation settlement funds are not state fiscal year spending as defined in Section 20 of Article X of the Colorado Constitution. This amount also includes $1,698,406 from reserves in the Read-to-Achieve Cash Fund. i This amount shall be from the Family Literacy Education Fund created in Section 22-2-124 (8) (b), C.R.S. j This amount shall be from the Healthy Choices Dropout Prevention Pilot Program Fund created in Section 22-82.3-107 (1), C.R.S. k This amount shall be from the Assistance to Public Schools, Grant Programs, Distributions, and Other Assistance, Facility Schools, Facility School Funding line item. l Of this amount, $2,427,000 shall be from various grants and donations, and $810,000 shall be from fees and charges for workshops, conferences, training programs, and seminars. m This amount shall be transferred from the Department of Human Services. n This amount shall be from school district reimbursements that are credited to the Contingency Reserve Fund pursuant to Section 22-54-117 (1) (c), C.R.S. o These amounts shall be from federal mineral leasing revenues transferred to the State Public School Fund pursuant to Sections 34-63-102 and 22-54-114 (1), C.R.S. p This amount shall be from the School Awards Program Fund, created in Section 22-11-605 (1), C.R.S. 4,634,661,148 4,637,783,185 (3) LIBRARY PROGRAMS5 Administration 996,653 747,430 249,223 a 990,241 741,018 (11.8 FTE) (1.0 FTE) Federal Library Funding 3,030,533 3,030,533 (23.8 FTE) Broadband Technology Opportunities Program 1,557,711 279,847 a 1,277,864 (2.3 FTE) Colorado Library Consortium 1,000,000 1,000,000 Colorado Virtual Library 379,796 359,796 20,000 a Colorado Talking Book Library, Building Maintenance and Utilities Expenses 70,660 70,660 Reading Services for the Blind7 250,000 250,000 b 5,727,642 7,278,941 a These amounts shall be from grants and donations. b This amount shall be from the Reading Services for the Blind Cash Fund created in Section 24-90-105.5 (5), C.R.S. Pursuant to Section 40-17-104 (1), C.R.S., appropriations to the Public Utilities Commission in the Department of Regulatory Agencies include an appropriation out of the Colorado Disabled Telephone Users Fund to the Reading Services for the Blind Cash Fund. (4) SCHOOL FOR THE DEAF AND THE BLIND (A) School Operations Personal Services 9,231,831 9,139,913 (141.3 FTE) Early Intervention Services 1,168,106 1,157,476 (10.0 FTE) Shift Differential 65,530 Operating Expenses 417,277 Vehicle Lease Payments 26,729 25,617 Utilities 554,810 Allocation of State and Federal Categorical Program Funding 149,842 (0.4 FTE) Medicaid Reimbursements for Public School Health Services 83,254 (1.5 FTE) 11,697,379 10,066,593 1,630,786 a 11,593,719 9,962,933 a Of this amount, $1,362,690 shall be transferred from the Assistance to Public Schools, Public School Finance, State Share of Districts' Total Program Funding Grant Programs, Distributions, and Other Assistance, Facility Schools, Facility School Funding line item; $149,842 shall be transferred from various line items in the Assistance to Public Schools, Categorical Programs section; $83,254 shall be from federal Medicaid funds transferred from the Department of Health Care Policy and Financing pursuant to the S.B. 97-101 Public School Health Services program; and $35,000 shall be transferred from federal Child Nutrition Act funds appropriated in the Assistance to Public Schools, Grant Programs, Distributions, and Other Assistance, Other Assistance, Appropriated Sponsored Programs line item. (B) Special Purpose Fees and Conferences 120,000 Outreach Services 1,022,082 (5.4 FTE) Tuition from Out-of-state Students 200,000 Summer Olympics Housing 10,000 Grants 1,397,079 (9.0 FTE) 2,749,161 1,083,082 a 1,666,079 b a Of this amount, $753,082 shall be from fees collected from school districts, Boards of Cooperative Services, and private entities for the purposes of outreach services; $200,000 shall be tuition payments received from other states; $120,000 shall be from fees and charges for workshops and conferences; and $10,000 shall be from housing reimbursements. b This amount shall be from various federal funds transferred from the Assistance to Public Schools section. 14,446,540 14,342,880 TOTALS PART III (EDUCATION) $4,703,796,678 $3,378,610,076 $161,444,485 a $571,073,392 $22,818,086 $569,850,639 $4,708,381,091 $3,381,866,849 $571,094,942 $22,846,312 $571,128,503 a This amount shall be from the General Fund Exempt Account created in Section 24-77-103.6 (2), C.R.S. FOOTNOTES -- The following statements are referenced to the numbered footnotes throughout section 2. 5 Department of Education, Management and Administration; and Library Programs -- In addition to the transfer authority provided in Section 24-75-108, C.R.S., up to 2.5 percent of the total General Fund appropriations for Management and Administration and Library Programs may be transferred between the line items in these two sections of the FY 2010-11 Long Bill. 5a Department of Education, Management and Administration, State Charter School Institute, State Charter School Institute Administration, Oversight, and Management -- It is the intent of the General Assembly that up to $192,246 of this spending authority be used to address the deficit fund balance in the State Charter School Institute Fund that occurred in FY 2009-10, and that the State Controller release warrants for outstanding payments for expenditures incurred in FY 2009-10. 6 Department of Education, Assistance to Public Schools, Public School Finance, State Share of Districts' Total Program Funding -- It is the intent of the General Assembly that the Department of Education be authorized to utilize up to $1,847,036 of this appropriation to fund qualified students designated as Accelerating Students Through Concurrent Enrollment (ASCENT) Program participants as authorized pursuant to Section 22-35-108, C.R.S. This amount is calculated based on an estimated 277 participants funded at a rate of $6,668 per FTE pursuant to Section 22-54-104 (4.7), C.R.S. 7 Department of Education, Library Programs, Reading Services for the Blind -- This appropriation is for the support of privately operated reading services for the blind, as authorized by Section 24-90-105.5, C.R.S. It is the intent of the General Assembly that $200,000 of this appropriation be used to provide access to radio and television broadcasts of locally published and produced materials and $50,000 of this appropriation be used to provide telephone access to digital transmissions of nationally published and produced materials. SECTION 2. 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. ____________________________ ____________________________ Brandon C. Shaffer Frank McNulty PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Cindi L. Markwell Marilyn Eddins SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ _________________________________________ John W. Hickenlooper GOVERNOR OF THE STATE OF COLORADO