Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 12-0748.01 Brita Darling x2241 SENATE BILL 12-103 SENATE SPONSORSHIP Bacon, HOUSE SPONSORSHIP (None), Senate Committees House Committees Education A BILL FOR AN ACT Concerning the allocation of at-risk funding for public schools. 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 provides that, effective July 1, 2015, the at-risk funding received by a district charter school, the accounting of cental administrative overhead costs between a district charter school and the school district, and the direct purchase of school district services by a district charter school will be based on a formula for adjusted per pupil revenues, regardless of whether the district charter school's charter application was approved before or after July 1, 2004, and regardless of the percentage of at-risk students in the chartering school district. Commencing with the 2015-16 school district budget year, school districts will provide information concerning the programs and services purchased with the school district's at-risk funding and the percentage of at-risk pupils served by each program or service. The school district will post the information on-line for free public access. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 22-30.5-112.1, amend (1) (e), (1) (f), (1) (m), (2), and (6) as follows: 22-30.5-112.1. Charter schools - definitions - exclusive jurisdiction districts - authorized on or after July 1, 2004 - financing - repeal. (1) As used in this section, unless the context otherwise requires: (e) (I) (A) "Central administrative overhead costs" shall have the same meaning as provided in section 22-30.5-112 (2) (a.5) (I). (B) This subparagraph (I) is repealed, effective July 1, 2015. (II) Effective July 1, 2015, "central administrative overhead costs" means indirect costs incurred in providing: (A) Services listed under the heading of support services - general administration in the school district chart of accounts as specified by rule of the state board; and (B) Salaries and benefits for administrative job classifications listed under the headings of support services - business and support services - central in the school district chart of accounts as specified by rule of the state board. (f) (I) (A) "District charter school" means a charter school for which the charter application is approved on or after July 1, 2004, by a qualifying school district. (B) This subparagraph (I) is repealed, effective July 1, 2015. (II) Effective July 1, 2015, "district charter school" means a charter school of a school district. (m) (I) "Qualifying school district" means a school district: (A) That has retained exclusive authority to authorize charter schools pursuant to the provisions of section 22-30.5-504; and (B) In which more than forty percent of the pupil enrollment consists of at-risk pupils. (C) This subparagraph (I) is repealed, effective July 1, 2015. (II) Effective July 1, 2015, "Qualifying school district" means a school district of the state. (2) (a) (I) Notwithstanding the provisions of section 22-30.5-112 (2) (a) to (2) (a.5), (2) (b), (2) (b.5), and (2) (c), the amount of funding to be received by a district charter school, the accounting of central administrative overhead costs between a district charter school and a qualifying school district, and the direct purchase of district services by a district charter school from a qualifying school district shall be determined pursuant to the provisions of this section. (II) This paragraph (a) is repealed, effective July 1, 2015. (b) Effective July 1, 2015, the amount of funding to be received by a district charter school, the accounting of central administrative overhead costs between a district charter school and a qualifying school district, and the direct purchase of district services by a district charter school from a qualifying school district are determined pursuant to the provisions of this section. (6) (a) Notwithstanding any other provision of this section to the contrary and for the purposes of this section only, a school district in which more than forty percent of the pupil enrollment consists of at-risk pupils at the time a charter school's application is first approved shall be deemed to have the same percentage of at-risk pupil enrollment for the term of the charter contract. For purposes of renewal of the charter contract, the percentage of at-risk pupils in the school district at the time the renewal application is submitted shall be the percentage used for purposes of determining whether the school district is a qualifying school district and subject to the provisions of this section. (b) This subsection (6) is repealed, effective July 1, 2015. SECTION 2. In Colorado Revised Statutes, 22-30.5-112, add (9) as follows: 22-30.5-112. Charter schools - financing - definitions - guidelines - repeal. (9) Subsections (2) (a) to (2) (a.5), (2) (b), (2) (b.5), and (2) (c) of this section are repealed, effective July 1, 2015. SECTION 3. In Colorado Revised Statutes, 22-54-105, add (3) (e) as follows: 22-54-105. Instructional supplies and materials - capital reserve and insurance reserve - at-risk funding - preschool funding - reporting. (3) (e) For the 2015-16 budget year and budget years thereafter, each district that receives at-risk funding pursuant to the provisions of section 22-54-104 shall describe the at-risk programs and services purchased with the at-risk funding and the percentage of at-risk pupils served by each program or service. The district shall post the information on-line for free public access. SECTION 4. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 8, 2012, if adjournment sine die is on May 9, 2012); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2012 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.