First Regular Session

Sixty-first General Assembly

LLS NO. 97­0217.01 ABA HOUSE BILL 97­1030

STATE OF COLORADO

BY REPRESENTATIVE Keller;

also SENATOR Coffman.

EDUCATION

APPROPRIATIONS

A BILL FOR AN ACT

CONCERNING THE ESTABLISHMENT OF A GRANT PROGRAM TO PROVIDE ADDITIONAL FINANCIAL ASSISTANCE TO SCHOOL DISTRICTS WITH CHARTER SCHOOLS, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.

Bill Summary

"Funding For Charter Schools"

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Establishes a grant program to assist school districts with charter schools. Establishes criteria for the department of education to use in determining the awarding of grants. Makes an appropriation.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  22­30.5­112, Colorado Revised Statutes, 1995 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

22­30.5­112.  Charter schools ­ financing ­ guidelines. (7) (a)  FOR THE 1997­98 BUDGET YEAR AND BUDGET YEARS THEREAFTER, A SCHOOL DISTRICT WITH A CHARTER SCHOOL SHALL BE ELIGIBLE TO SEEK A GRANT FROM THE CHARTER SCHOOLS GRANT FUND CREATED PURSUANT TO THIS SUBSECTION (7) IF THE SCHOOL DISTRICT NEGOTIATED IN GOOD FAITH WITH THE CHARTER SCHOOL CONCERNING THE FUNDING FOR THE CHARTER SCHOOL AND SUCH NEGOTIATION RESULTED IN A CONTRACT BETWEEN THE SCHOOL DISTRICT AND THE CHARTER SCHOOL FOR FUNDING THAT EXCEEDED EIGHTY PERCENT OF THE SCHOOL DISTRICT PER PUPIL OPERATING REVENUES MULTIPLIED BY THE NUMBER OF PUPILS ENROLLED IN THE CHARTER SCHOOL. AS A PART OF THE GRANT APPLICATION, THE SCHOOL DISTRICT SHALL STATE THE DOLLAR AMOUNT THAT THE SCHOOL DISTRICT IS REQUESTING FROM THE GRANT FUND, BUT SUCH AMOUNT SHALL NOT EXCEED THE DIFFERENCE BETWEEN THE AMOUNT OF FUNDING FOR THE CHARTER SCHOOL NEGOTIATED IN THE CONTRACT AND THE EIGHTY PERCENT FUNDING REQUIRED BY SUBSECTION (2) OF THIS SECTION.

(b)  THE PROVISIONS OF THIS SUBSECTION (7) ARE APPLICABLE TO ANY SCHOOL DISTRICT THAT NEGOTIATES AN INITIAL CONTRACT WITH A CHARTER SCHOOL AS WELL AS ANY SCHOOL DISTRICT THAT NEGOTIATES A RENEWAL CONTRACT WITH A CHARTER SCHOOL SO LONG AS SUCH INITIAL CONTRACT OR RENEWAL CONTRACT IS NEGOTIATED ON OR AFTER JULY 1, 1997.

(c)  THE DEPARTMENT SHALL ADMINISTER THE CHARTER SCHOOLS GRANT PROGRAM IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBSECTION (7) AND PROCEDURES ESTABLISHED BY THE DEPARTMENT; EXCEPT THAT SUCH PROCEDURES SHALL NOT REQUIRE EITHER A HEARING BEFORE THE DEPARTMENT OR THE STATE BOARD. THE DEPARTMENT SHALL DETERMINE WHETHER A SCHOOL DISTRICT WITH A CHARTER SCHOOL MEETS THE CRITERIA ESTABLISHED IN PARAGRAPH (a) OF THIS SUBSECTION (7) AND THEN DETERMINE THE AMOUNT OF THE GRANT BASED UPON MONEYS AVAILABLE IN THE FUND.

(d)  THERE IS HEREBY CREATED IN THE STATE TREASURY THE CHARTER SCHOOLS GRANT FUND. SUCH FUND SHALL CONSIST OF MONEYS APPROPRIATED THERETO IN EACH FISCAL YEAR BY THE GENERAL ASSEMBLY IN AN AMOUNT EQUAL TO THE TOTAL NUMBER OF CHILDREN ENROLLED IN CHARTER SCHOOLS IN OCTOBER OF THE PRECEDING FISCAL YEAR MULTIPLIED BY TWENTY DOLLARS. MONEYS IN THE FUND SHALL BE SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY TO THE DEPARTMENT FOR THE PURPOSE OF MAKING GRANTS TO SCHOOL DISTRICTS PURSUANT TO THIS SUBSECTION (7). ANY UNEXPENDED OR UNENCUMBERED MONEYS REMAINING IN THE FUND AT THE END OF ANY FISCAL YEAR SHALL REMAIN IN THE FUND AND SHALL NOT REVERT TO OR BE TRANSFERRED TO THE GENERAL FUND OR ANY OTHER FUND OF THE STATE. HOWEVER, IN ACCORDANCE WITH SECTION 24­36­114, C.R.S., ALL INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT OF THIS FUND SHALL BE CREDITED TO THE GENERAL FUND.

SECTION 2.  Appropriation.  In addition to any other appropriation, for the fiscal year beginning July 1, 1997, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the charter schools grant fund created in section 22­30.5­112, Colorado Revised Statutes, the sum of __________ dollars ($ ), and such sum, or so much thereof as may be necessary, is further appropriated to the department of education, for the purpose of making grants to school districts with charter schools as provided in section 22­30.5­112, Colorado Revised Statutes.

SECTION 3.  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.