First Regular Session

Sixty-first General Assembly

LLS NO. 97­0636.01D JAP HOUSE BILL 97­1215

STATE OF COLORADO

BY REPRESENTATIVES Pankey;

also SENATOR Blickensderfer.

EDUCATION

A BILL FOR AN ACT

CONCERNING AUTHORIZATION OF SCHOOL DISTRICTS TO ESTABLISH CORPORATIONS TO PROVIDE EXTRACURRICULAR ACTIVITIES.

Bill Summary

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

Authorizes a school district or board of cooperative services, in cooperation with other school districts, boards of cooperative services, or private entities, to establish a for­profit or nonprofit corporation to provide specified extracurricular activities. Specifies that a corporation shall operate independently from the founding school district or board of cooperative services; except that the founding school district or board of cooperative services may be represented on the board of directors. Specifies that a school district, in contracting with the corporation for the provision of services, may charge rent for school district facilities used by the corporation. Limits funding for such corporations to moneys received from private donations and fees. Requires the activities provided through a corporation to meet the same standards and requirements as would be required if provided by the school district.

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

SECTION 1.  22­32­122, Colorado Revised Statutes, 1995 Repl. Vol., is amended BY THE ADDITION OF A NEW SUBSECTION to read:

22­32­122.  Contract services, equipment, and supplies ­ corporations for extracurricular activities. (3) (a)  IN ADDITION TO CONTRACTING FOR EDUCATIONAL SERVICES, ANY SCHOOL DISTRICT OR BOARD OF COOPERATIVE SERVICES, ACTING IN COOPERATION WITH OTHER SCHOOL DISTRICTS, OTHER BOARDS OF COOPERATIVE SERVICES, OR PRIVATE ENTITIES, MAY ESTABLISH ONE OR MORE FOR­PROFIT OR NONPROFIT CORPORATIONS TO PROVIDE INSTRUCTION IN ART, MUSIC, INCLUDING ALL FORMS OF MUSIC PERFORMANCE, DANCE, DRAMA, ATHLETICS, OR OTHER EXTRACURRICULAR ACTIVITIES. ANY SUCH CORPORATION SHALL OPERATE INDEPENDENTLY FROM THE FOUNDING SCHOOL DISTRICT OR BOARD OF COOPERATIVE SERVICES; EXCEPT THAT A REPRESENTATIVE FROM THE BOARD OF EDUCATION OF THE FOUNDING SCHOOL DISTRICT AND AN ADMINISTRATOR FROM THE FOUNDING SCHOOL DISTRICT OR A SCHOOL BOARD MEMBER AND ADMINISTRATOR FROM THE SCHOOL DISTRICTS REPRESENTED BY THE FOUNDING BOARD OF COOPERATIVE SERVICES MAY SERVE ON THE BOARD OF DIRECTORS OF THE CORPORATION. IN NO CASE, HOWEVER, SHALL REPRESENTATIVES FROM THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE SERVICES CONSTITUTE A MAJORITY OF THE BOARD OF DIRECTORS.

(b)  IN CONTRACTING WITH A CORPORATION ESTABLISHED PURSUANT TO THIS SUBSECTION (3) FOR THE PROVISION OF SERVICES IN FACILITIES OWNED BY THE CONTRACTING SCHOOL DISTRICT, SUCH SCHOOL DISTRICT MAY CHARGE RENT FOR THE USE OF SUCH FACILITIES IN THE AMOUNT OF THE DIRECT COST TO THE SCHOOL DISTRICT IN PROVIDING SUCH FACILITIES.

(c)  A CORPORATION ESTABLISHED PURSUANT TO THIS SUBSECTION (3) MAY BE FUNDED THROUGH PRIVATE DONATIONS AND FEES CHARGED FOR PARTICIPATION IN SUCH ACTIVITIES. ANY SUCH CORPORATION SHALL NOT RECEIVE SCHOOL DISTRICT FUNDING FROM MONEYS RECEIVED UNDER OF THE "PUBLIC SCHOOL FINANCE ACT OF 1994", ARTICLE 54 OF THIS TITLE, OR FROM TAX MONEYS PAID TO THE SCHOOL DISTRICT.

(d)  ANY ACTIVITIES PROVIDED THROUGH A CORPORATION ESTABLISHED PURSUANT TO THIS SUBSECTION (3) SHALL BE OF COMPARABLE QUALITY AND MEET THE SAME REQUIREMENTS AND STANDARDS AS WOULD BE NECESSARY IF PROVIDED BY THE SCHOOL DISTRICT.

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.