NOTE: This bill has been prepared for the signatures 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 15-145 BY SENATOR(S) Lambert, Grantham, Steadman; also REPRESENTATIVE(S) Hamner, Young, Rankin, Esgar, Fields, Melton, Pettersen, Rosenthal. 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, 2014. In Session Laws of Colorado 2014, section 2 of chapter 420, (HB 14-1336), 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 297,258 297,258 (2.0 FTE) General Department and Program Administration 4,001,300 1,715,093 171,853 a 2,114,354 b (12.2 FTE) (2.5 FTE) (19.9 FTE) Office of Professional Services 2,748,802 2,748,802 (I)c (25.0 FTE) Division of On-line Learning 344,383 344,383 d (3.3 FTE) Health, Life, and Dental 4,061,167 1,448,863 539,321 e 420,606 f 1,652,377 (I) Short-term Disability 84,446 25,289 10,760 e 9,434 f 38,963 (I) S.B. 04-257 Amortization Equalization Disbursement 1,732,464 521,864 220,397 e 193,166 f 797,037 (I) S.B. 06-235 Supplemental Amortization Equalization Disbursement 1,624,185 489,247 206,622 e 181,094 f 747,222 (I) Salary Survey 1,206,532 373,619 151,526 e 136,010 f 545,377 (I) Merit Pay 409,766 121,109 57,967 e 45,964 f 184,726 (I) Workers' Compensation 633,501 242,122 55,434 e 77,794 f 258,151 (I) Legal Services for 4,900 hours 485,149 275,446 189,901 (I)c 19,802 g Administrative Law Judge Services 150,313 124,368 (I)c 25,945 h 155,194 128,406 (I)c 26,788 h Payment to Risk Management and Property Funds 75,598 75,598 Capitol Complex Leased Space 527,813 81,599 69,250 e 102,924 f 274,040 (I) Reprinting and Distributing Laws Concerning Education 35,480 35,480 i (B) Information Technology Information Technology Services 3,815,317 3,190,223 625,094 j (20.7 FTE) (6.9 FTE) Payments to OIT 631,873 631,873 648,337 648,337 COFRS Modernization 197,914 61,100 89,496 k 47,318 l 208,777 94,769 31,248 k 34,863 l 47,897 (I) Information Technology Asset Maintenance 2,284,180 2,284,180 Disaster Recovery 19,722 19,722 (C) Assessments and Data Analyses Colorado Student Assessment Program 36,771,010 29,058,189 d 7,712,821 (I)m (5.0 FTE) (6.8 FTE) Federal Grant for State Assessments and Related Activities 2,247,224 2,247,224 (I)m (5.7 FTE) Longitudinal Analyses of Student Assessment Results 367,420 367,420 (3.0 FTE) Basic Skills Placement or Assessment Tests 320,917 320,917 d Preschool to Postsecondary Education Alignment 579,323 579,323 d (3.5 FTE) Educator Effectiveness Unit Administration 548,108 432,718 115,390 d (3.0 FTE) (1.0 FTE) Educator Effectiveness Implementation 2,075,020 2,075,020 (I) (14.5 FTE) Accountability and Improvement Planning 1,678,364 1,128,032 550,332 (I) (4.6 FTE) (6.8 FTE) (D) State Charter School Institute State Charter School Institute Administration, Oversight, and Management 2,831,760 2,831,760 (I)n (11.7 FTE) Institute Charter School Assistance Fund 460,000 460,000 o Other Transfers to Institute Charter Schools 3,622,979 3,622,979 (I)p Transfer of Federal Moneys to Institute Charter Schools 6,330,000 6,330,000 (I)p (4.5 FTE) Department Implementation of Section 22-30.5-501 et seq., C.R.S. 214,782 214,782 n (1.6 FTE) a This amount shall be from general education development program fees. b Of this amount, $1,620,583 shall be from departmental indirect cost recoveries or the Indirect Costs Excess Recovery Fund created in Section 24-75-1401 (2), C.R.S., and $493,771 shall be from statewide indirect cost recoveries or the Indirect Costs Excess Recovery Fund created in Section 24-75-1401 (2), C.R.S. c These amounts shall be from the Educator Licensure Cash Fund created in Section 22-60.5-112 (1) (a), C.R.S., and are shown for informational purposes only because the Educator Licensure Cash Fund is continuously appropriated to the Department pursuant to Section 22-60.5-112 (1) (b) (I), 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, $554,164 shall be from the State Education Fund created in Section 17 (4) (a) of Article IX of the State Constitution; $382,542(I) shall be from the Educator Licensure Cash Fund created in Section 22-60.5-112 (1) (a), C.R.S., and is shown for informational purposes only because the Educator Licensure Cash Fund is continuously appropriated to the Department pursuant to Section 22-60.5-112 (1) (b) (I), C.R.S.; $187,153 shall be from the Early Literacy Fund created in Section 22-7-1210 (1), C.R.S.; $160,757 shall be from the Public School Capital Construction Assistance Fund created in Section 22-43.7-104 (1), C.R.S.; and $26,661 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, $526,413 shall be from departmental indirect cost recoveries or the Indirect Costs Excess Recovery Fund created in Section 24-75-1401 (2), C.R.S., and $640,579 is estimated to be transferred from various appropriations to the Department of Education. g This amount 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, $525,094 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 This amount shall be from various sources of cash funds. l This amount shall be transferred from various appropriations in the Department of Education. 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 and are included for informational purposes only. n These amounts shall be transferred from the Assistance to Public Schools, Public School Finance, State Share of Districts' Total Program Funding line item. o This amount shall be from the Institute Charter School Assistance Fund created in Section 22-30.5-515.5 (1) (a), C.R.S. p These amounts shall be transferred from various line items in the Assistance to Public Schools section. (E) Indirect Cost Assessment Indirect Cost Assessment 528,192 301,950 (I)a 226,242 (I) a This amount shall be from the Educator Licensure Cash Fund created in Section 22-60.5-112 (1) (a), C.R.S., and is shown for informational purposes only because the Educator Licensure Cash Fund is continuously appropriated to the Department pursuant to Section 22-60.5-112 (1) (b) (I), C.R.S. 83,942,262 83,974,470 (2) ASSISTANCE TO PUBLIC SCHOOLS (A) Public School Finance Administration 1,541,836 20,765 a 1,521,071 b (0.2 FTE) (17.0 FTE) State Share of Districts' Total Program Funding5 3,782,486,008 2,473,135,583 710,835,957 c 598,514,468 d Hold-harmless Full-day Kindergarten Funding 7,302,816 7,302,816 a District Per Pupil Reimbursements for Juveniles Held in Jail 25,000 25,000 a At-risk Supplemental Aid 5,094,358 5,094,358 e 3,796,450,018 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 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, $529,920,818 shall be from the State Education Fund created in Section 17 (4) (a) of Article IX of the State Constitution, and $68,593,650 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, $59,963,997 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., $8,397,518 is estimated to 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., and $232,135 is estimated to be from reserves in the State Public School Fund. e This amount shall be from the State Public School Fund created in Section 22-54-114 (1), C.R.S., from audit recoveries that are credited to the Fund pursuant to Section 22-54-114 (4) (a), C.R.S. 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) Categorical Programs (1) District Programs Required by Statute Special Education Programs for Children with Disabilities 316,473,313 71,572,347 89,409,439 a 104,043 b 155,387,484 (I)c (1.0 FTE) (62.0 FTE) English Language Proficiency Program 27,983,302 3,101,598 13,637,547 a 11,244,157 (I)d (4.6 FTE) (2) Other Categorical Programs Public School Transportation 54,667,347 36,922,227 17,745,120 e (2.0 FTE) Transfer to the Department of Higher Education for Distribution of State Assistance for Career and Technical Education 24,983,788 17,792,850 7,190,938 a Special Education Programs for Gifted and Talented Children 10,007,091 5,500,000 4,507,091 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) 443,573,176 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, $17,295,120 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 (1) Health and Nutrition Federal Nutrition Programs 156,554,776 84,747 156,470,029 (I) (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 1,097,983 1,097,983 Start Smart Nutrition Program 1,136,983 39,000 c 1,097,983 c Breakfast After the Bell 14,341,931 24,128 14,317,803 (I) (0.3 FTE) S.B. 97-101 Public School Health Services 137,806 137,806 d (1.4 FTE) (2) Capital Construction Division of Public School Capital Construction Assistance 896,141 896,141 e (9.0 FTE) Public School Capital Construction Assistance Board - Lease Payments 65,000,000 65,000,000 e Public School Capital Construction Assistance Board - Cash Grants 45,000,000 45,000,000 e Financial Assistance Priority Assessment 50,000 50,000 e State Aid for Charter School Facilities 7,000,000 7,000,000 b (3) Reading and Literacy Early Literacy Competitive Grant Program 5,163,338 5,163,338 f (8.0 FTE) Early Literacy Program Per Pupil Intervention Funding 15,397,672 15,397,672 g (1.0 FTE) Early Literacy Assessment Tool Program 2,679,484 2,679,484 b (4) Professional Development and Instructional Support Content Specialists 463,652 463,652 b (5.0 FTE) Office of Dropout Prevention and Student Reengagement 2,400,000 2,400,000 (I) (2.3 FTE) Stipends for Nationally Board Certified Teachers 1,580,800 1,580,800 b Quality Teacher Recruitment Program 3,000,000 3,000,000 b Educator Perception 100,000 100,000 English Language Learners Technical Assistance 311,682 311,682 (4.1 FTE) (5) Facility Schools Facility Schools Unit and Facility Schools Board 263,517 263,517 h (3.0 FTE) Facility School Funding 17,051,972 17,051,972 b (6) Other Assistance Appropriated Sponsored Programs 281,430,903 2,714,450 i 4,607,476 j 274,108,977 (I) (1.0 FTE) (6.0 FTE) (61.7 FTE) School Counselor Corps Grant Program 5,002,716 5,002,716 b (1.0 FTE) BOCES Funding per Section 22-5-122, C.R.S. 1,302,785 1,302,785 b (1.0 FTE) Contingency Reserve Fund 1,000,000 1,000,000 k Supplemental On-line Education Services 480,000 480,000 l Interstate Compact on Educational Opportunity for Military Children 23,217 23,217 b College and Career Readiness 170,845 170,845 (1.8 FTE) 632,360,847 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 $1,097,983 reappropriated funds from the General Fund moneys appropriated to the Start Smart Nutrition Program Fund line item in FY 2014-15 and $39,000 cash funds from fund reserves. d This amount shall be from federal Medicaid funds transferred from the Transfer to Department of Education for Public School Health Services line item in 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 Early Literacy Fund created in Section 22-7-1210 (1), C.R.S., and shall include $4,561,010 from tobacco settlement moneys that are transferred to the Fund pursuant to Section 22-7-1210 (3), C.R.S., and $602,328 transferred from the State Education Fund pursuant to Section 22-7-1210 (1) (d) (I), C.R.S. Pursuant to Section 24-22-116 (2) (a) (I), 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 from the Early Literacy Fund created in Section 22-7-1210 (1), C.R.S., from moneys transferred from the State Education Fund pursuant to Section 22-7-1210 (1) (d) (I), C.R.S. h This amount shall be transferred from the Assistance to Public Schools, Grant Programs, Distributions, and Other Assistance, Facility Schools, Facility School Funding line item. i Of this amount, $1,904,450 shall be from various grants and donations and $810,000 shall be from fees and charges for workshops, conferences, training programs, and seminars. j This amount shall be transferred from the Division of Child Care in the Department of Human Services. k This amount shall be from the Contingency Reserve Fund created in Section 22-54-117 (1) (a), C.R.S., from school district reimbursements that are credited to the Fund pursuant to Section 22-54-117 (1) (c), C.R.S. l 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. (D) Indirect Cost Assessment Indirect Cost Assessment 2,057,248 25,000 a 55,571 b 1,976,677 (I) a This amount shall be from various grants and donations. b This amount shall be from federal Medicaid funds transferred from the Transfer to Department of Education for Public School Health Services line item in the Department of Health Care Policy and Financing. 4,874,441,289 (3) LIBRARY PROGRAMS Administration 1,022,962 771,748 251,214 a (11.8 FTE) (2.5 FTE) Federal Library Funding 2,993,042 2,993,042 (I) (23.8 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 Blind6 360,000 360,000 b State Grants to Publicly-Supported Libraries Fund 2,000,000 2,000,000 State Grants to Publicly-Supported Libraries Program7 2,000,000 2,000,000 c Indirect Cost Assessment 55,327 55,327 (I) 9,881,787 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 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. c This amount shall be from the State Grants to Publicly-supported Libraries Fund created in Section 24-90-407 (1), C.R.S. (4) SCHOOL FOR THE DEAF AND THE BLIND (A) School Operations Personal Services 9,391,391 (141.3 FTE) Early Intervention Services 1,187,847 (10.0 FTE) Shift Differential 106,056 Operating Expenses 417,277 Vehicle Lease Payments 21,083 Utilities 554,810 582,360 Allocation of State and Federal Categorical Program Funding 170,000 (0.4 FTE) Medicaid Reimbursements for Public School Health Services 401,577 (1.5 FTE) 12,250,041 10,172,809 2,077,232 a 12,277,591 10,200,359 a Of this amount, $1,470,655 shall be transferred from the Assistance to Public Schools, Grant Programs, Distributions, and Other Assistance, Facility Schools, Facility School Funding line item, $401,577 shall be from federal Medicaid funds transferred from the Public School Health Services line item in Other Medical Services in the Department of Health Care Policy and Financing pursuant to the S.B. 97-101 Public School Health Services program, $170,000 shall be transferred from various line items in the Assistance to Public Schools, Categorical Programs section, 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. 14,795,041 14,822,591 TOTALS PART III (EDUCATION)1 $4,983,060,379 $2,644,847,830 $710,835,957 a $960,419,839 b $30,693,725 c $636,263,028 d $4,983,120,137 $2,644,925,513 $960,365,629 b $30,682,113 c $636,310,925 d a This amount shall be from the General Fund Exempt Account created in Section 24-77-103.6 (2), C.R.S. b Of this amount, $3,747,563 $3,751,601 contains an (I) notation. c Of this amount, $12,784,739 contains an (I) notation. d This amount contains an (I) notation. FOOTNOTES -- The following statements are referenced to the numbered footnotes throughout section 2. 1 All Departments except Department of Corrections, Department of Human Services, and Department of Public Safety, Totals -- It is the intent of the General Assembly that when each department applies the 2.5 percent salary survey increase reflected in the salary survey line item appropriations, each employee shall receive a base-building increase up to the range maximum, and that salary survey increase amounts over the range maximum shall not be base-building. 5 Department of Education, Assistance to Public Schools, Public School Finance, State Share of Districts' Total Program Funding -- Pursuant to Section 22-35-108 (2) (a), C.R.S., the purpose of this footnote is to specify what portion of this appropriation is intended to be available for the Accelerating Students Through Concurrent Enrollment (ASCENT) Program for FY 2014-15. It is the intent of the General Assembly that the Department of Education be authorized to utilize up to $4,419,336 of this appropriation to fund qualified students designated as ASCENT Program participants. This amount is calculated based on an estimated 708 FTE participants funded at a rate of $6,242 per FTE pursuant to Section 22-54-104 (4.7), C.R.S. 6 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 $310,000 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. 7 Department of Education, Library Programs, State Grants to Publicly-Supported Libraries Program -- It is the intent of the General Assembly that grants provided through this line item be used to support efforts to improve early literacy. 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. ____________________________ ____________________________ Bill L. Cadman Dickey Lee Hullinghorst 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