NOTE: The governor signed this measure on 2/23/2012. HOUSE BILL 12-1182 BY REPRESENTATIVE(S) Gerou, Becker, Levy, Casso, Fields, Hamner, Kerr A., Labuda, Peniston, Todd, Young; also SENATOR(S) Hodge, Steadman, Lambert. Concerning a supplemental appropriation to the department of education. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Appropriation to the department of education for the fiscal year beginning July 1, 2011. In Session Laws of Colorado 2011, section 2 of chapter 335, (SB 11-209), amend Part III as follows: Section 2. Appropriation. PART III DEPARTMENT OF EDUCATION (1) MANAGEMENT AND ADMINISTRATION (A) Administration and Centrally-Appropriated Line Items State Board of Education 286,118 286,118 (2.0 FTE) General Department and Program Administration 3,801,252 1,595,262 170,596 a 2,035,394 b (16.2 FTE) (2.5 FTE) (20.9 FTE) Office of Professional Services 2,005,200 2,005,200 c (23.0 FTE) Division of On-line Learning 372,507 372,507 d (3.5 FTE) Health, Life, and Dental 3,140,202 1,450,460 241,795 e 377,766 f 1,070,181 Short-term Disability 52,767 21,124 6,088 e 5,237 f 20,318 S.B. 04-257 Amortization Equalization Disbursement 830,745 330,197 96,286 e 82,859 f 321,403 S.B. 06-235 Supplemental Amortization Equalization Disbursement 665,531 263,308 77,371 e 66,582 f 258,270 Workers' Compensation 280,433 107,181 24,539 e 34,437 f 114,276 Legal Services for 5,600 hours 423,976 210,625 160,354 c 52,997 g Administrative Law Judge Services 36,017 29,800 c 6,217 h 38,258 31,654 c 6,604 h Payment to Risk Management and Property Funds 53,752 43,770 3,403 e 6,579 f Capitol Complex Leased Space 561,093 81,077 59,364 e 144,089 f 276,563 131,435 e 88,389 f 260,192 Reprinting and Distributing Laws Concerning Education 35,480 35,480 i Emeritus Retirement 5,387 5,387 (B) Information Technology Information Technology Services 2,738,547 2,112,862 625,685 j (16.1 FTE) (6.9 FTE) Purchase of Services from Computer Center 144,254 144,254 Multiuse Network Payments 28,398 28,398 Information Technology Asset Maintenance 303,830 303,830 Disaster Recovery 19,722 19,722 (C) Assessments and Data Analyses Colorado Student Assessment Program 21,735,589 15,885,363 d 5,850,226 k (5.0 FTE) (6.8 FTE) Federal Grant for State Assessments and Related Activities 2,247,224 2,247,224 k (5.7 FTE) Longitudinal Analyses of Student Assessment Results 7,703,411 286,311 7,417,100 (3.0 FTE) Preschool to Postsecondary Education Alignment 567,685 567,685 d (3.5 FTE) (D) State Charter School Institute State Charter School Institute Administration, Oversight, and Management 1,502,820 1,502,820 l 1,689,544 1,689,544 l (10.7 FTE) Institute Charter School Assistance Fund 550,000 550,000 m Other Transfers to Institute Charter Schools 2,013,615 2,013,615 n Transfer of Federal Moneys to Institute Charter Schools 5,730,000 5,730,000 n (4.5 FTE) Department Implementation of Section 22-30.5-501 et seq., C.R.S. 210,014 210,014 l (2.6 FTE) State Charter School Institute Emergency Reserve 195,004 195,004 l 58,045,569 58,429,538 a This amount shall be from general education development program fees. b This amount shall be from departmental and statewide indirect cost recoveries. c These amounts 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. Pursuant to Section 17 (3) of Article IX of the State 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 State Constitution. e Of these amounts, $237,583 $256,779 shall be from the State Education Fund created in Section 17 (4) (a) of Article IX of the State Constitution, $188,566 $227,407 shall be from the Educator Licensure Cash Fund created in Section 22-60.5-112 (1), C.R.S., $66,200 $77,528 shall be from the Public School Capital Construction Assistance Fund created in Section 22-43.7-104 (1), C.R.S., and $16,497 $19,203 shall be from general education development program fees. Pursuant to Section 17 (3) of Article IX of the State 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 State Constitution. f Of these amounts, $390,130 $359,846 is estimated to be transferred from various appropriations to the Department of Education and $327,419 $302,003 is estimated to be from departmental and statewide indirect cost recoveries and. g Of this amount, $37,855 shall be transferred from the Assistance to Public Schools, Public School Finance, State Share of Districts' Total Program Funding line item and $15,142 shall be transferred 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 transferred from the Assistance to Public Schools, Categorical Programs, District Programs Required by Statute, Special Education Programs for Children with Disabilities line item. i This amount shall be from interest and income earned on the investment of moneys in the Public School Fund that is credited to the State Public School Fund pursuant to Section 22-41-102 (3) (a), C.R.S. Pursuant to 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. j Of this amount, $525,685 shall be transferred from various appropriations to the Department of Education and $100,000 shall be transferred from the Assistance to Public Schools, Public School Finance, State Share of Districts' Total Program Funding line item. k These amounts 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 and are included for informational purposes only. l These amounts shall be transferred from the Assistance to Public Schools, Public School Finance, State Share of Districts' Total Program Funding line item. m This amount shall be from the Institute Charter School Assistance Fund created in Section 22-30.5-515.5 (1) (a), C.R.S. n These amounts shall be transferred from various line items in the Assistance to Public Schools section. (2) ASSISTANCE TO PUBLIC SCHOOLS (A) Public School Finance Administration 1,501,265 20,418 a 1,480,847 b (0.2 FTE) (18.3 FTE) State Share of Districts' Total Program Funding7, 8 3,562,775,745 2,848,425,153 284,175,417 c 430,175,175 d Hold-harmless Full-day Kindergarten Funding 7,198,953 7,198,953 e District Per Pupil Reimbursements for Juveniles Held in Jail 100,000 100,000 a 3,571,575,963 a These amounts shall be from the Read-to-Achieve Cash Fund created in Section 22-7-908 (1), C.R.S. b This amount shall be transferred from the Assistance to Public Schools, Public School Finance, State Share of Districts' Total Program Funding line item. c This amount shall be from the General Fund Exempt Account created in Section 24-77-103.6 (2), C.R.S. d Of this amount, $317,158,532 shall be from the State Education Fund created in Section 17 (4) (a) of Article IX of the State Constitution, and $113,016,643 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 State 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 State Constitution. Of the amount appropriated from the State Public School Fund, $67,600,000 is estimated to be from federal mineral leasing revenues transferred to the State Public School Fund pursuant to Sections 22-54-114 (1) and 34-63-102 , C.R.S., $36,924,767 is estimated to be from reserves in the State Public School Fund, and $8,491,876 shall be from interest and income earned on the investment of moneys in the Public School Fund that is credited to the State Public School Fund pursuant to Section 22-41-102 (3) (a), C.R.S. e This amount 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 State 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 State Constitution. (B) Categorical Programs (I) District Programs Required by Statute Special Education Programs for Children with Disabilities 288,628,104 71,572,347 58,225,450 a 101,812 b 158,728,495 c (1.0 FTE) (63.5 FTE) English Language Proficiency Program 24,377,497 3,101,598 9,984,180 a 11,291,719 d (4.6 FTE) (II) Other Categorical Programs Public School Transportation 50,828,042 36,922,227 13,905,815 e (2.0 FTE) Transfer to the Department of Higher Education for Distribution of State Assistance for Career and Technical Education 23,584,498 17,792,850 5,791,648 a Special Education Programs for Gifted and Talented Children 9,201,106 5,500,000 3,701,106 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) 406,077,582 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 State 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 State Constitution. b This amount shall be from federal funds transferred from the Department of Human Services. c This amount shall be from federal funds authorized pursuant to the federal Individuals with Disabilities Education Act and is included for informational purposes only. d This amount shall be from federal funds authorized pursuant to Title III of the federal No Child Left Behind Act of 2001 and is included for informational purposes only. e Of this amount, $13,455,815 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 State 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 State Constitution. (C) Grant Programs, Distributions, and Other Assistance (I) Health and Nutrition Federal Nutrition Programs 156,631,328 82,327 156,549,001 (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 Start Smart Nutrition Program Fund 700,000 700,000 Start Smart Nutrition Program 843,495 143,495 c 700,000 c S.B. 97-101 Public School Health Services 142,073 142,073 d (1.4 FTE) (II) Capital Construction Division of Public School Capital Construction Assistance 874,523 874,523 e (9.0 FTE) Public School Capital Construction Assistance Board - Lease Payments 29,000,000 29,000,000 e Financial Assistance Priority Assessment 164,793 164,793 e State Aid for Charter School Facilities 5,000,000 5,000,000 b (III) Reading and Literacy Read-to-Achieve Grant Program 4,391,241 4,391,241 f (1.0 FTE) (IV) Professional Development and Instructional Support Content Specialists 441,808 441,808 b (5.0 FTE) Office of Dropout Prevention and Student Reengagement 3,000,000 3,000,000 (2.3 FTE) (V) Facility Schools Facility Schools Unit and Facility Schools Board 258,575 258,575 g (3.0 FTE) Facility School Funding 14,875,000 14,875,000 b (VI) Other Assistance Appropriated Sponsored Programs 280,780,000 1,300,000 h 4,480,000 i 275,000,000 282,580,000 3,100,000 h (1.0 FTE) (6.0 FTE) (67.0 FTE) School Counselor Corps Grant Program 5,000,000 5,000,000 b (1.0 FTE) Contingency Reserve Fund 1,000,000 1,000,000 j Supplemental On-line Education Services 480,000 480,000 k Interstate Compact on Educational Opportunity for Military Children 22,832 22,832 b 506,928,312 508,728,312 a This amount shall be from interest and income earned on the investment of moneys in the Public School Fund that is credited to the State Public School Fund pursuant to Section 22-41-102 (3) (a), 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 State 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 State Constitution. c 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 appropriated to this fund in FY 2011-12 and $143,495 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 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 State Constitution. g This amount shall be transferred from the Assistance to Public Schools, Grant Programs, Distributions, and Other Assistance, Facility Schools, Facility School Funding line item. h Of this amount, $810,000 shall be from fees and charges for workshops, conferences, training programs, and seminars, and $490,000 $2,290,000 shall be from various grants and donations. i This amount shall be transferred from the Department of Human Services. j 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. k This amount shall be from federal mineral leasing revenues transferred to the State Public School Fund pursuant to Sections 22-54-114 (1) and 34-63-102, C.R.S. 4,484,581,857 4,486,381,857 (3) LIBRARY PROGRAMS Administration 995,921 745,921 250,000 a (11.8 FTE) (2.5 FTE) Federal Library Funding 3,031,787 3,031,787 (23.8 FTE) Broadband Technology Opportunities Program 1,219,460 443,274 a 776,186 (1.6 FTE) (2.9 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 Blind9 250,000 250,000 b 6,947,624 a These amounts shall be from grants and donations. b This amount shall be from moneys appropriated from the Colorado Disabled Telephone Users Fund to the Department of Regulatory Agencies to be credited to the Blind Cash Fund pursuant to Section 40-17-104 (1), C.R.S. (4) SCHOOL FOR THE DEAF AND THE BLIND (A) School Operations Personal Services 9,205,925 (141.3 FTE) Early Intervention Services 1,165,533 (10.0 FTE) Shift Differential 65,755 Operating Expenses 417,277 Vehicle Lease Payments 23,043 24,100 Utilities 554,810 Allocation of State and Federal Categorical Program Funding 170,000 (0.4 FTE) Medicaid Reimbursements for Public School Health Services 150,000 (1.5 FTE) 11,752,343 10,096,384 1,655,959 a 11,753,400 10,097,441 a Of this amount: $1,300,959 shall be transferred from the Assistance to Public Schools, Grant Programs, Distributions, and Other Assistance, Facility Schools, Facility School Funding line item; $170,000 shall be transferred from various line items in the Assistance to Public Schools, Categorical Programs section; $150,000 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 1,025,000 (5.4 FTE) Tuition from Out-of-state Students 200,000 Grants 1,200,000 (9.0 FTE) 2,545,000 1,075,000 a 1,470,000 b a Of this amount, $755,000 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, and $120,000 shall be from fees and charges for workshops and conferences. b This amount shall be from various federal funds transferred from the Assistance to Public Schools section. 14,297,343 14,298,400 TOTALS PART III (EDUCATION) $4,563,872,393 $3,010,535,601 $284,175,417 a $619,775,069 $23,433,557 $625,952,749 $4,566,057,419 $3,010,536,658 $621,648,994 $23,759,972 $625,936,378 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. 7 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 $4,647,614 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 753 participants funded at a rate of $6,172.13 per FTE pursuant to Section 22-54-104 (4.7), C.R.S. 8 Department of Education, Assistance to Public Schools, Public School Finance, State Share of Districts' Total Program Funding -- Of the amount appropriated for this line item, a portion, not to exceed $250,000 for fiscal year 2011-12, shall be transferred to the Legislative Council for the purpose of funding the biennial cost of living analysis pursuant to Section 22-54-104 (5) (c) (III) (B), C.R.S. 9 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. ________________________________________________________ Frank McNulty Brandon C. Shaffer SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Marilyn Eddins Cindi L. Markwell CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ _________________________________________ John W. Hickenlooper GOVERNOR OF THE STATE OF COLORADO