NOTE: The governor signed this measure on 3/22/2013.
      
      
      SENATE BILL 13-002
      
      
      BY SENATOR(S) Hudak, Aguilar, Carroll, Giron, Guzman, Heath,
      Johnston, Kerr, Newell, Nicholson, Schwartz, Todd, Morse;
      also REPRESENTATIVE(S) Hamner, Ginal, Hullinghorst, Labuda,
      Mitsch Bush, Saine, Young.
      
      
      Concerning the designation of boards of cooperative services as
           local education agencies for purposes of federal law.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, add 22-5-114.5 as
      follows:
      
           22-5-114.5.  Designation as local education agency - rules.
      (1)  Any board of cooperative services may act as a local
      education agency for a participating member or consortium of
      members that chooses to apply for, receive, or administer a grant
      through a grant program created by a federal or state statute or
      program. The provisions of this section shall not apply to federal
      formula grant moneys unless allowed by the "Elementary and
      Secondary Education Act of 1965", Pub.L. 89-10.
      
           (2)  A board of cooperative services may apply to the
      department for federal or state moneys received by the
      department only with the approval of two or more of the BOCES
      member school districts that have expressly agreed to participate
      in a grant application through a vote by the board of directors of
      the board of cooperative services. If a board of cooperative
      services applies for state or federal grant moneys on behalf of
      participating member school districts, the participating member
      school districts are not eligible to apply for the same state or
      federal grant moneys. If a participating member school district of
      a BOCES expressly declines to participate in a grant application,
      that member school district is not precluded from applying for
      the same state or federal grant moneys as an individual school
      district.
      
           (3)  A board of cooperative services may apply to any
      division within the department for any federal and state grant
      moneys for which it is eligible. All divisions within the department
      must treat boards of cooperative services as  local education
      agencies and inform them of and allow them to apply for all
      federal and state grant moneys for which they are eligible.
      
           (4)  An eligible grantee or consortium of grantees may
      designate a board of cooperative services as the fiscal manager
      for a state or federal grant. The grantee or consortium of
      grantees remains responsible for ensuring that all the
      requirements of the grant are met.
      
           (5)  The state board may promulgate rules to establish
      processes and guidelines for a board of cooperative services to
      apply for state or federal grant moneys pursuant to this section.
      
           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.
      
      
      
      
      ____________________________  ____________________________
      John P. Morse                         Mark Ferrandino
      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