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
A BILL FOR AN ACT
CONCERNING THE LEVEL OF FUNDING PROVIDED BY A SCHOOL
DISTRICT TO A CHARTER SCHOOL.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
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 (2) (f) THIS SUBSECTION (2) IS REPEALED, EFFECTIVE JULY 1, 1998.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
(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)
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.