First Regular Session

Sixty-first General Assembly

LLS NO. 97­0557.01D JAP HOUSE BILL 97­1210

STATE OF COLORADO

BY REPRESENTATIVES Dean, Allen, and C. Berry;

also SENATOR B. Alexander. REVISED

EDUCATION

A BILL FOR AN ACT

CONCERNING THE LEVEL OF FUNDING PROVIDED BY A SCHOOL DISTRICT TO A CHARTER SCHOOL.

Bill Summary

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

Increases the minimum funding for a charter school to 95% of the school district's per pupil revenue, rather than 80% of the school district's per pupil operating revenues. Specifies that the 95% of per pupil revenue may include a combination of funding and services received by the charter school from the school district. Defines per pupil revenue as the school district's total program divided by its funded pupil count.

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

SECTION 1. 22­30.5­112 (2), Colorado Revised Statutes, 1995 Repl. Vol., is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

22­30.5­112. Charter schools ­ financing ­ guidelines ­ repeal. (2) (f)  THIS SUBSECTION (2) IS REPEALED, EFFECTIVE JULY 1, 1998.

SECTION 2. 22­30.5­112 (3) (a), Colorado Revised Statutes, 1995 Repl. Vol., is amended, and the said 22­30.5­112, as amended, is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

22­30.5­112. Charter schools ­ financing ­ guidelines ­ repeal. (2.5) (a)  BEGINNING JULY 1, 1998, AS PART OF THE CHARTER SCHOOL CONTRACT, THE CHARTER SCHOOL AND THE SCHOOL DISTRICT SHALL AGREE ON FUNDING AND ANY SERVICES TO BE PROVIDED BY THE SCHOOL DISTRICT TO THE CHARTER SCHOOL. THE COMBINATION OF SERVICES AND FUNDING AGREED TO BY THE SCHOOL DISTRICT AND THE CHARTER SCHOOL SHALL BE NO LESS THAN THE EQUIVALENT OF NINETY­FIVE PERCENT OF THE DISTRICT PER PUPIL OPERATING REVENUES MULTIPLIED BY THE NUMBER OF PUPILS ENROLLED IN THE CHARTER SCHOOL. AS USED IN THIS SUBSECTION (2.5), DISTRICT "PER PUPIL OPERATING REVENUES" SHALL HAVE THE SAME MEANING AS THAT PROVIDED IN SECTION 22­54­103 (9).

(b) A CHARTER SCHOOL MAY CHOOSE TO PURCHASE AT COST ANY SERVICE PROVIDED BY THE SCHOOL DISTRICT, INCLUDING BUT NOT LIMITED TO FOOD SERVICE, CUSTODIAL SERVICES, MAINTENANCE, CURRICULUM, MEDIA SERVICES, LIBRARIES, AND WAREHOUSING. ANY SERVICE SO PURCHASED SHALL BE INCLUDED IN THE COMBINATION OF SERVICES AND FUNDING NEGOTIATED PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (2.5).

(c)  IN NO EVENT SHALL A CHARTER SCHOOL BE REQUIRED TO PAY RENT FOR SPACE WHICH A LOCAL SCHOOL BOARD OF EDUCATION DEEMED AVAILABLE, AS NEGOTIATED BY CONTRACT, IN SCHOOL DISTRICT FACILITIES. ALL OTHER COSTS FOR THE USE, OPERATION, AND MAINTENANCE OF THE FACILITIES USED BY THE CHARTER SCHOOL SHALL BE SUBJECT TO NEGOTIATION BETWEEN THE CHARTER SCHOOL AND THE SCHOOL DISTRICT.

(d)  IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT FUNDING AND SERVICE AGREEMENTS PURSUANT TO THIS SUBSECTION (2.5) SHALL BE NEITHER A FINANCIAL INCENTIVE NOR A FINANCIAL DISINCENTIVE TO THE ESTABLISHMENT OF A CHARTER SCHOOL.

(e)  FEES COLLECTED FROM STUDENTS ENROLLED AT A CHARTER SCHOOL SHALL BE RETAINED BY SUCH CHARTER SCHOOL.

(3) (a)  Notwithstanding subsection (2) SUBSECTIONS (2) AND (2.5) of this section, the proportionate share of state and federal resources generated by students with disabilities or staff serving them shall be directed to charter schools enrolling such students by their school districts or administrative units. The proportionate share of moneys generated under other federal or state categorical aid programs shall be directed to charter schools serving students eligible for such aid.

SECTION 3. 22­30.5­104 (7) (c), Colorado Revised Statutes, 1995 Repl. Vol., is repealed as follows:

22­30.5­104. Charter school ­ requirements ­ authority.  (7) (c)  In no event shall a charter school be required to pay rent for space which is deemed available, as negotiated by contract, in school district facilities. All other costs for the operation and maintenance of the facilities used by the charter school shall be subject to negotiation between the charter school and the school district.

SECTION 4. 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.