HOUSE BILL 971249
BY REPRESENTATIVES Anderson, Allen, Dean, K. Alexander, Arrington, Entz, Kaufman, Keller, Reeser, Schwarz, Swenson, Tool, and S. Williams;
also SENATORS Wells, B. Alexander, Ament, Dennis,
Matsunaka, Perlmutter, and Rizzuto.
CONCERNING THE FINANCING OF PUBLIC SCHOOLS, AND MAKING
AN APPROPRIATION IN CONNECTION THEREWITH.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 2254104
(5) (a), Colorado Revised Statutes, 1995 Repl. Vol., as amended,
is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
2254104. District total
program. (5) For purposes of
the formulas used in this section:
(a) (IV) FOR THE 199798 BUDGET
YEAR, THE STATEWIDE BASE PER PUPIL FUNDING SHALL BE $3,568 SUPPLEMENTED
BY $99 TO ACCOUNT FOR INFLATION.
SECTION 2. 2254104
(2) (a) (IV), Colorado Revised Statutes, 1995 Repl. Vol., as amended,
is amended to read:
2254104. District total
program. (2) (a) (IV) (A) For
the 199798 budget year, and
budget years thereafter, the
amount set forth in subsubparagraph (B) of subparagraph
(III) of this paragraph (a) shall be increased at a minimum by
an amount equal to eightyfive percent of the percentage
by which statewide base per pupil funding for the budget year
is increased over the amount set forth in subparagraph (III) of
paragraph (a)
of subsection (5) of this section. Such amount shall be rounded
to the nearest dollar. THE DOLLAR
AMOUNT USED IN THE FORMULA ESTABLISHED BY SUBPARAGRAPH (III) OF
THIS PARAGRAPH (a) SHALL BE INCREASED BY THE DIFFERENCE BETWEEN
THE DISTRICT'S PER PUPIL FUNDING FOR THE 199798 BUDGET YEAR
AND THE DISTRICT'S PER PUPIL FUNDING FOR THE 199697 BUDGET
YEAR.
(B) FOR THE 199899 BUDGET YEAR AND
BUDGET YEARS THEREAFTER, THE DOLLAR AMOUNT TO BE USED IN THE FORMULA
ESTABLISHED BY SUBPARAGRAPH (III) OF THIS PARAGRAPH (a) SHALL
BE INCREASED OVER THE DOLLAR AMOUNT CALCULATED FOR THE IMMEDIATELY
PRECEDING BUDGET YEAR FOR EACH DISTRICT BY THE DIFFERENCE BETWEEN
THE DISTRICT'S PER PUPIL FUNDING FOR THE APPLICABLE BUDGET YEAR
AND THE DISTRICT'S PER PUPIL FUNDING FOR THE IMMEDIATELY PRECEDING
BUDGET YEAR.
(C) THE PROVISIONS OF THIS SUBPARAGRAPH
(IV) SHALL ONLY APPLY TO THOSE DISTRICTS WHOSE TOTAL PROGRAM FOR
THE 199697 BUDGET YEAR WAS CALCULATED PURSUANT TO SUBSUBPARAGRAPH
(B) OF SUBPARAGRAPH (III) OF THIS PARAGRAPH (a).
(D) FOR PURPOSES OF THIS SUBPARAGRAPH
(IV), A DISTRICT'S "PER PUPIL FUNDING" SHALL BE THE
DISTRICT'S TOTAL PROGRAM FOR THE APPLICABLE BUDGET YEAR, AS CALCULATED
PURSUANT TO SUBSUBPARAGRAPH (A) OF SUBPARAGRAPH (III) OF
THIS PARAGRAPH (a), DIVIDED BY THE DISTRICT'S FUNDED PUPIL COUNT
FOR SUCH BUDGET YEAR.
SECTION 3. The
introductory portion to 2254104 (2) (b) and 2254104
(2) (b) (II) (A), (4), and (5) (f), Colorado Revised Statutes,
1995 Repl. Vol., are amended to read:
2254104. District total
program. (2) (b) If the
district percentage of atrisk pupils is greater than the
statewide average percentage of atrisk pupils and the district's
funded pupil count is greater than four hundred fiftynine
AND THE DISTRICT'S SIZE FACTOR IS CALCULATED PURSUANT TO SUBPARAGRAPH
(I) OF PARAGRAPH (b) OF SUBSECTION (5) OF THIS SECTION, the district's
total program shall be the lesser of:
(II) (A) The district's total program
as calculated by: Adding the amount determined by multiplying
the district's per pupil funding by four hundred fiftynine
to the amount determined by multiplying 11%
11.5% of the district's per pupil funding by the district's atrisk
pupils; then dividing the sum of those two amounts by four hundred
fiftynine; and then multiplying the resulting amount by
the district's funded pupil count.
(4) A district's atrisk funding
shall be determined in accordance with one of the following formulas:
(a) If the district percentage of atrisk
pupils is equal to or less than the statewide average percentage
of atrisk pupils or the district's funded pupil count is
equal to or less than four hundred fiftynine, the formula
shall be:
(District per pupil funding x 11%
11.5%) x District atrisk pupils.
(b) If the district percentage of atrisk
pupils is greater than the statewide average percentage of atrisk
pupils and the district's funded pupil count is greater than four
hundred fiftynine, the formula shall be:
((District per pupil funding x 11%
11.5%) x (Statewide average percentage of atrisk pupils
x District pupil enrollment)) + ((District per pupil funding x
District atrisk factor) x (District atrisk pupils
(Statewide average percentage of atrisk pupils x
District pupil enrollment))).
(5) For purposes of the formulas used
in this section:
(f) If the district percentage of atrisk
pupils is greater than the statewide average percentage of atrisk
pupils and the district's funded pupil count is greater than four
hundred fiftynine, the district's atrisk factor for
the 199495 budget year and budget years thereafter
shall be 11%
11.5% plus a 0.30 percentage point for each percentage point that
the district percentage of atrisk pupils exceeds the statewide
average percentage of atrisk pupils; except that no district's
atrisk factor shall exceed 30%.
SECTION 4. 2254105,
Colorado Revised Statutes, 1995 Repl. Vol., as amended, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
2254105. Instructional
supplies and materials capital reserve and insurance reserve
atrisk funding. (3) FOR
THE 199798 BUDGET YEAR AND BUDGET YEARS THEREAFTER, EVERY
DISTRICT THAT RECEIVES ATRISK FUNDING PURSUANT TO THE PROVISIONS
OF SECTION 2254104 SHALL EXPEND IN TOTAL AT LEAST
SEVENTYFIVE PERCENT OF THE DISTRICT'S ATRISK FUNDING
ON DIRECT INSTRUCTION OR STAFF DEVELOPMENT, OR BOTH, FOR THE EDUCATIONAL
PROGRAM OF ATRISK PUPILS IN THE DISTRICT.
SECTION 5. 2254104
(5) (b) (II) and (5) (b) (III), Colorado Revised Statutes, 1995
Repl. Vol., are amended to read:
2254104. District total
program. (5) For purposes of
the formulas used in this section:
(b) (II) If
any district with a funded pupil count of less than 12,000 reorganizes
into two or more districts, each of the districts shall be allowed,
for each budget year, the size factor the original district had
prior to the reorganization and IF
THE REORGANIZATION OF ANY DISTRICT OR DISTRICTS RESULTS IN ANY
DISTRICT INVOLVED IN THE REORGANIZATION HAVING A HIGHER SIZE FACTOR
THAN THE ORIGINAL DISTRICT OR DISTRICTS HAD FOR THE BUDGET YEAR
IMMEDIATELY PRECEDING REORGANIZATION, THE DISTRICTS INVOLVED IN
THE REORGANIZATION SHALL BE ALLOWED, FOR EACH BUDGET YEAR, THE
SIZE FACTOR THE ORIGINAL DISTRICT HAD PRIOR TO THE REORGANIZATION
OR, IF TWO OR MORE DISTRICTS REORGANIZE INTO A SINGLE DISTRICT,
THE SIZE FACTOR OF THE ORIGINAL DISTRICT WITH THE LOWEST SIZE
FACTOR FOR THE BUDGET YEAR IMMEDIATELY PRECEDING REORGANIZATION.
NO DISTRICT INVOLVED IN THE REORGANIZATION shall, not,
for any budget year, be allowed the size factor that would otherwise
be provided by this paragraph (b).
(III) If any
district with a funded pupil count of more than 18,000 reorganizes
into two or more districts, each of the districts shall be allowed,
for the following two budget years, the size factor the original
district had prior to the reorganization but shall, for budget
years thereafter, be allowed the size factor that would otherwise
be provided by this paragraph (b).
IF THE REORGANIZATION OF ANY DISTRICT OR DISTRICTS RESULTS IN
ANY DISTRICT INVOLVED IN THE REORGANIZATION HAVING A LOWER SIZE
FACTOR THAN THE ORIGINAL DISTRICT OR DISTRICTS HAD FOR THE BUDGET
YEAR IMMEDIATELY PRECEDING REORGANIZATION, THE NEW DISTRICT OR
DISTRICTS SHALL BE ALLOWED A SIZE FACTOR DETERMINED AS FOLLOWS:
(A) FOR THE FIRST BUDGET YEAR FOLLOWING
REORGANIZATION, THE SIZE FACTOR OF THE ORIGINAL DISTRICT FOR THE
BUDGET YEAR IMMEDIATELY PRECEDING REORGANIZATION OR, IF TWO OR
MORE DISTRICTS ARE INVOLVED IN THE REORGANIZATION, THE WEIGHTED
AVERAGE SIZE FACTOR OF THE ORIGINAL DISTRICTS FOR THE BUDGET YEAR
IMMEDIATELY PRECEDING REORGANIZATION. FOR PURPOSES OF THIS SUBSUBPARAGRAPH
(A), THE WEIGHTED AVERAGE SIZE FACTOR SHALL BE THE SUM OF THE
AMOUNTS CALCULATED BY MULTIPLYING THE FUNDED PUPIL COUNTS OF THE
ORIGINAL DISTRICTS BY THE SIZE FACTOR OF THE ORIGINAL DISTRICTS
AND DIVIDING THAT SUM BY THE TOTAL FUNDED PUPIL COUNT OF THE ORIGINAL
DISTRICTS.
(B) FOR THE SECOND BUDGET YEAR FOLLOWING
REORGANIZATION, THE SIZE FACTOR FOR THE PRIOR BUDGET YEAR MINUS
AN AMOUNT EQUAL TO ONEFIFTH OF THE DIFFERENCE BETWEEN THE
SIZE FACTOR FOR THE PRIOR BUDGET YEAR AND THE SIZE FACTOR DETERMINED
PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH (b);
(C) FOR THE THIRD BUDGET YEAR FOLLOWING
REORGANIZATION, THE SIZE FACTOR FOR THE PRIOR BUDGET YEAR MINUS
AN AMOUNT EQUAL TO ONEFOURTH OF THE DIFFERENCE BETWEEN THE
SIZE FACTOR FOR THE PRIOR BUDGET YEAR AND THE SIZE FACTOR DETERMINED
PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH (b);
(D) FOR THE FOURTH BUDGET YEAR FOLLOWING
REORGANIZATION, THE SIZE FACTOR FOR THE PRIOR BUDGET YEAR MINUS
AN AMOUNT EQUAL TO ONETHIRD OF THE DIFFERENCE BETWEEN THE
SIZE FACTOR FOR THE PRIOR BUDGET YEAR AND THE SIZE FACTOR DETERMINED
PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH (b);
(E) FOR THE FIFTH BUDGET YEAR FOLLOWING
REORGANIZATION, THE SIZE FACTOR FOR THE PRIOR BUDGET YEAR MINUS
AN AMOUNT EQUAL TO ONEHALF OF THE DIFFERENCE BETWEEN THE
SIZE FACTOR FOR THE PRIOR BUDGET YEAR AND THE SIZE FACTOR DETERMINED
PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH (B);
(F) FOR THE SIXTH BUDGET YEAR FOLLOWING
REORGANIZATION AND BUDGET YEARS THEREAFTER, THE SIZE FACTOR DETERMINED
PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH (b).
SECTION 6. 2254106
(5), Colorado Revised Statutes, 1995 Repl. Vol., as amended, is
amended to read:
2254106. Local and state
shares of district total program. (5) Except
as otherwise provided in sections 2254107 and 2254108,
no district may certify a levy for its general fund in excess
of that authorized by this section. and
the members of the board of education, the superintendent, and
the chief financial officer of the district may be held personally
liable to district taxpayers if they knowingly and willfully certify
a levy in excess of the amount authorized by law.
SECTION 7. 2254115
(3), Colorado Revised Statutes, 1995 Repl. Vol., is amended to
read:
2254115. Distribution from
state public school fund. (3) No
later than the twentyfifth day of each month, the state
treasurer shall pay the amount certified directly to the treasurer
of each district OR, IN ACCORDANCE WITH WRITTEN INSTRUCTIONS FROM
THE DISTRICT, DIRECTLY TO AN ACCOUNT DESIGNATED BY THE DISTRICT
THAT ALLOWS THE DISTRICT TO RETAIN TITLE TO THE FUNDS.
SECTION 8. 2254103
(1) (b) (III), (1) (c), (7), (9), and (10) (a), Colorado
Revised Statutes, 1995 Repl. Vol., as amended, are amended to
read:
2254103. Definitions.
As used in this article, unless the context otherwise requires:
(1) (b) For purposes of this subsection
(1):
(III) "District pupils eligible for
free lunch" means the number of pupils included in the district
pupil enrollment who are eligible for free lunch pursuant to the
provisions of the federal "National School Lunch Act".
which were in effect on July 1, 1994.
(c) For purposes of this subsection (1),
atrisk pupils shall be counted in the same manner as pupils
are counted pursuant to subsection (10) of this section. except
that a school district may elect to count atrisk pupils
on October 15 within the applicable budget year or the school
day nearest said date.
(7) "Funded pupil count" means
the greater of:
(a) The district's pupil enrollment for
the applicable budget year; or
(b) The average of the district's pupil
enrollment for the applicable budget year and the district's pupil
enrollment for the TWO immediately preceding budget year
YEARS.
(9) "Per pupil operating revenues"
means the district's total program for any budget year divided
by the district's funded pupil count for said budget year, minus
the minimum amount per pupil required by section 2254105
to be transferred for the capital reserve fund the
insurance reserve fund, or any other
fund OR ACCOUNT WITHIN THE GENERAL FUND ESTABLISHED SOLELY for
the management of riskrelated activities.
(10) (a) "Pupil enrollment"
means the number of pupils enrolled on October 1 within the applicable
budget year or the school day nearest said date, as evidenced
by the actual attendance of such pupils prior to said date. The
department of education is authorized to establish alternative
dates for determining pupil enrollment in appropriate circumstances,
including, but not limited to, when schools are on a yearround
schedule pursuant to section 2232109 (1) (n) and pupils
will be on authorized breaks on October 1 within the applicable
budget year; except that such alternate
ALTERNATIVE dates shall be set not less
MORE than fortyfive CALENDAR days nor
more than sixty days after the beginning of the school's regular
school program AFTER THE FIRST SCHOOL
DAY OCCURRING AFTER OCTOBER 1.
SECTION 9. 2254105
(2) (a), Colorado Revised Statutes, 1995 Repl. Vol., is amended
to read:
2254105. Instructional
supplies and materials capital reserve riskrelated
activities. (2) (a) Every
district shall budget the amount determined pursuant to paragraph
(b) of this subsection (2) to be allocated, in the discretion
of the board of education, to the capital reserve fund created
by section 2245103 (1) (c), the
insurance reserve fund created by section 2245103
(1) (e), or to any other fund TO
A FUND OR AN ACCOUNT WITHIN THE GENERAL FUND established IN ACCORDANCE
WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES solely for the management
of riskrelated activities as identified in section 2410115,
C.R.S., and article 13 of title 29, C.R.S., or among such ALLOWABLE
funds AND ACCOUNTS. SUCH moneys in
the capital reserve fund and insurance reserve fund
shall be used for the purposes set forth in section 2245103
(1) (c) and (1) (e) and may not be expended by the district for
any other purpose. The board of education may transfer moneys
among the three funds
THESE ALLOWABLE FUNDS AND ACCOUNTS when such transfer is deemed
necessary by the board.
SECTION 10. 2254105 (1) (b), (1) (c), and (2) (b), Colorado Revised Statutes, 1995 Repl. Vol., as amended, are amended to read:
2254105. Instructional
supplies and materials capital reserve and insurance reserve.
(1) (b) (I) The amount to be budgeted in
any budget year shall be the amount determined by multiplying
one hundred thirty
THIRTYFOUR dollars by the district's funded pupil count.
(II) FOR THE 199899 BUDGET YEAR
AND BUDGET YEARS THEREAFTER, THE DOLLAR AMOUNT REQUIRED TO BE
BUDGETED PER PUPIL PURSUANT TO THIS PARAGRAPH (b) SHALL BE INCREASED
EACH YEAR BY THE SAME PERCENTAGE THAT THE STATEWIDE BASE PER PUPIL
FUNDING IS INCREASED PURSUANT TO SECTION 2254104 (5).
SUCH AMOUNT SHALL BE ROUNDED TO THE NEAREST DOLLAR.
(c) For purposes of this subsection (1),
instructional supplies and materials include, but are not limited
to, supplies, textbooks, library books, periodicals, and other
supplies and materials. Instructional capital outlay includes
those expenditures which result in the acquisition of fixed assets
for instructional purposes, or additions thereto, which the board
of education anticipates will have benefits for more than one
year. Other instructional purposes include expenses incurred in
providing transportation for pupils to and from schoolsponsored
instructional activities which occur outside the classroom; costs
incurred for repair or maintenance services for equipment which
is directly used for instructional purposes; and costs incurred
in providing staff development directly related to instruction.
Moneys expended for staff development costs shall not exceed twenty
TEN percent of the amount budgeted pursuant to this subsection
(1). Costs incurred in providing staff development shall include
moneys expended pursuant to contractual arrangements with educators
and other staff development providers but shall not include moneys
for outofstate travel or moneys for indistrict
teacher salary increases. Instructional supplies and materials,
instructional capital outlay, and other instructional purposes
are limited to those functions accounts and objects accounts as
prescribed by the state board of education.
(2) (b) (I) The amount to be
budgeted in any budget year shall be the amount determined by
multiplying two hundred ten
SIXTEEN dollars by the district's funded pupil count. Such amount
shall be the minimum required to be budgeted, and the district
may elect to budget up to eight hundred dollars multiplied by
the district's funded pupil count.
(II) FOR THE 199899 BUDGET YEAR
AND BUDGET YEARS THEREAFTER, THE MINIMUM DOLLAR AMOUNT REQUIRED
TO BE BUDGETED PER PUPIL PURSUANT TO THIS PARAGRAPH (b) SHALL
BE INCREASED EACH YEAR BY THE SAME PERCENTAGE THAT THE STATEWIDE
BASE PER PUPIL FUNDING IS INCREASED PURSUANT TO SECTION 2254104
(5). SUCH AMOUNT SHALL BE ROUNDED TO THE NEAREST DOLLAR.
SECTION 11. 2245103
(1) (a) (I), the introductory portion to 2245103 (1)
(c) (I), and 2245103 (1) (e), Colorado Revised Statutes,
1995 Repl. Vol., are amended to read:
2245103. Funds.
(1) The following funds are created for each school
district for purposes specified in this article:
(a) General fund. (I) All
revenues, except those revenues attributable to the bond redemption
fund, the capital reserve fund, the special building fund, the
insurance reserve A fund CREATED
SOLELY FOR THE MANAGEMENT OF RISKRELATED ACTIVITIES, and
any other fund authorized by the state board of education, as
provided in subsection (2) of this section, shall be accounted
for in the general fund. Any lawful expenditure of the school
district, including any expenditure of a nature which could be
made from any fund, may be made from the general fund. All expenditures
from the general fund shall be recorded therein.
(c) Capital reserve fund. (I) Moneys
allocated pursuant to the provisions of section 2254105
(2) shall be transferred from the general fund and recorded in
the capital reserve fund along with the revenues received pursuant
to section 395132, C.R.S. Such revenues may be supplemented
by gifts, donations, and tuition receipts. Unencumbered moneys
in the fund may be transferred to the
insurance reserve fund or to any other fund
A FUND OR AN ACCOUNT WITHIN THE GENERAL FUND established IN ACCORDANCE
WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES solely for the management
of riskrelated activities as identified in section 2410115,
C.R.S., and article 13 of title 29, C.R.S., by resolution of the
board of education when such transfer is deemed necessary by the
board. Expenditures from the fund shall be limited to longrange
capital outlay expenditures and shall be made only for the following
purposes:
(e) Risk management reserves. Moneys
allocated pursuant to the provisions of section 2254105
(2) shall be transferred from the
general fund and recorded in the
insurance reserve fund A FUND OR
IN AN ACCOUNT WITHIN THE GENERAL FUND ESTABLISHED IN ACCORDANCE
WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES SOLELY FOR THE MANAGEMENT
OF RISKRELATED ACTIVITIES AS IDENTIFIED IN SECTION 2410115,
C.R.S., AND ARTICLE 13 OF TITLE 29, C.R.S. Unencumbered moneys
in the fund
SUCH FUND OR ACCOUNT may be transferred to the capital reserve
fund or to any other fund OR ACCOUNT established solely for the
management of riskrelated activities as
identified in section 2410115, C.R.S., and article
13 of title 29, C.R.S., by resolution
of the board of education when such transfer is deemed necessary
by the board. Expenditures from the
ANY SUCH fund OR ACCOUNT shall be limited to the purposes set
forth in section 2410115, C.R.S., and article 13 of
title 29, C.R.S.
SECTION 12. 2244112
(2) (a), Colorado Revised Statutes, 1995 Repl. Vol., is amended
to read:
2244112. Transfer of moneys.
(2) (a) A board of education may transfer by resolution
any unencumbered moneys from one fund to another, except the capital
reserve fund, the insurance reserve
ANY fund OR ACCOUNT IN THE GENERAL FUND ESTABLISHED SOLELY FOR
THE MANAGEMENT OF RISKRELATED ACTIVITIES, the transportation
fund, the special building fund, the bond redemption fund, or
the instructional supplies and materials account or the instructional
capital outlay account in the general fund; except that unencumbered
moneys may be transferred by resolution of the board between the
capital reserve fund and insurance
reserve ANY fund OR ACCOUNT IN THE
GENERAL FUND ESTABLISHED SOLELY FOR THE MANAGEMENT OF RISKRELATED
ACTIVITIES and between the instructional supplies and materials
account and the instructional capital outlay account in the general
fund.
SECTION 13. 2254110
(2) (b) (I), Colorado Revised Statutes, 1995 Repl. Vol., is amended
to read:
2254110. Loans to alleviate
cash flow management problems. (2) (b) For
purposes of paragraph (a) of this subsection (2):
(I) "Available resources" means
any available cash and investments in district funds which can
be used to alleviate general fund cash shortfalls including, but
not limited to, the district's capital reserve FUND and insurance
reserve funds ANY FUND OR ACCOUNT
WITHIN THE GENERAL FUND ESTABLISHED SOLELY FOR THE MANAGEMENT
OF RISKRELATED ACTIVITIES. "Available resources"
shall not include cash that is legally segregated or pledged by
contract or rule and regulation of the state board.
SECTION 14. 2230.5104
(2), Colorado Revised Statutes, 1995 Repl. Vol., is amended to
read:
2230.5104. Charter school
requirements authority.
(2) A charter school shall be a public school which
is part of WITHIN the school district
in which it is located
THAT GRANTS ITS CHARTER and shall be accountable to the SCHOOL
DISTRICT'S local board of education for purposes of ensuring compliance
with applicable laws and charter provisions and the requirement
of section 15 of article IX of the state constitution. A CHARTER
SCHOOL CANNOT APPLY TO, OR BE GRANTED A CHARTER BY, A SCHOOL DISTRICT
UNLESS A MAJORITY OF THE CHARTER SCHOOL'S PUPILS WILL RESIDE IN
THE CHARTERING SCHOOL DISTRICT OR IN SCHOOL DISTRICTS CONTIGUOUS
THERETO.
SECTION 15. 2230.5106
(1) (e), Colorado Revised Statutes, 1995 Repl. Vol., is amended
to read:
2230.5106. Charter application
contents. (1) The charter
school application shall be a proposed agreement and shall include:
(e) A description of the charter school's
educational program, pupil performance standards, and curriculum,
which must meet or exceed any content standards adopted by the
school district in which the charter school is
located HAS APPLIED FOR A CHARTER
and must be designed to enable each pupil to achieve such standards;
SECTION 16. 2230.5107
(1), Colorado Revised Statutes, 1995 Repl. Vol., as amended, is
amended to read:
2230.5107. Charter application
process. (1) A CHARTER
APPLICANT CANNOT APPLY TO, OR BE GRANTED A CHARTER BY, A SCHOOL
DISTRICT UNLESS A MAJORITY OF THE CHARTER SCHOOL'S PUPILS WILL
RESIDE IN THE CHARTERING SCHOOL DISTRICT OR IN SCHOOL DISTRICTS
CONTIGUOUS THERETO. The local board of education shall receive
and review all applications for charter schools. Applications
must be filed with the local board of education by October 1 to
be eligible for consideration for the following school year. The
local board of education shall not charge any application fees.
If such board finds the charter school application is incomplete,
the board shall request the necessary information from the charter
applicant. The charter school application shall be reviewed by
the district accountability committee prior to consideration by
the local board of education.
SECTION 17. 2230.5108 (3) (a), the introductory portion to 2230.5108 (4) (a) (I), and 2230.5108 (5), Colorado Revised Statutes, 1995 Repl. Vol., are amended to read:
.
2230.5108. Appeal
standard of review procedures.
(3) If the notice of appeal, or the motion to review
by the state board, relates to a local board's decision to deny,
refuse to renew, or revoke a charter or to a local board's unilateral
imposition of conditions that are unacceptable to the charter
school or the charter applicant, the appeal and review process
shall be as follows:
(a) Within sixty days after receipt of
the notice of appeal or the making of a motion to review by the
state board and after reasonable public notice, the state board,
at a public hearing which may be held in the SCHOOL district where
IN WHICH the proposed charter school is
located HAS APPLIED FOR A CHARTER,
shall review the decision of the local board of education and
make its findings. If the state board finds that the local board's
decision was contrary to the best interests of the pupils, school
district, or community, the state board shall remand such decision
to the local board of education with written instructions for
reconsideration thereof. Said instructions shall include specific
recommendations concerning the matters requiring reconsideration.
(4) If the notice of appeal, or the motion
to review by the state board, relates to a local board's decision
to grant a charter, the appeal and review process shall be as
follows:
(a) (I) Within sixty days after receipt
of the notice of appeal or the making of a motion to review by
the state board and after reasonable public notice, the state
board, at a public hearing which may be held in the district where
IN WHICH the proposed charter school is
located HAS APPLIED FOR A CHARTER,
shall review the decision of the local board of education and
determine whether such decision was arbitrary and capricious or
whether the establishment or operation of the proposed charter
school would:
(5) Nothing in this section shall be construed
to alter the requirement that a charter school be a part of the
school district in which it is located
THAT GRANTS ITS CHARTER and accountable to the local board of
education pursuant to section 2230.5104 (2).
SECTION 18. 2230.5112
(1), Colorado Revised Statutes, 1995 Repl. Vol., is amended to
read:
2230.5112. Charter schools
financing guidelines. (1) For
purposes of the "Public School Finance Act of 1994",
article 54 of this title, pupils enrolled in a charter school
shall be included in the pupil enrollment of the SCHOOL district
within which the charter school is
located THAT GRANTED ITS CHARTER.
The school district in which the charter
school is located THAT GRANTED ITS
CHARTER shall report to the department of education the number
of pupils included in the school district's pupil enrollment that
are actually enrolled in each charter school.
SECTION 19. 2232116.5
(1), Colorado Revised Statutes, 1995 Repl. Vol., as amended, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
2232116.5. Extracurricular
and interscholastic activities. (1) (c) NO
SCHOOL OR SCHOOL DISTRICT THAT RECEIVES FUNDS UNDER ARTICLE 54
OF THIS TITLE SHALL BELONG TO ANY ORGANIZATION OR ASSOCIATION
NOR ENFORCE ANY RULE OF A COACH OR PRINCIPAL THAT WOULD PROHIBIT
A STUDENT'S PARTICIPATION IN ANY SCHOOL OR INTERSCHOLASTIC SCHOOL
ACTIVITY BASED UPON THE STUDENT'S PARTICIPATION IN LAWFUL ACTIVITIES
DURING OUTOFSCHOOL HOURS AND OFF OF SCHOOL PROPERTY.
SECTION 20. 2446104
(1), Colorado Revised Statutes, 1988 Repl. Vol., as amended, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
2446104. Powers and duties
of commission. (1) The commission
has the following powers and duties:
(l) NO LATER THAN OCTOBER 1, 1997, TO
MAKE RECOMMENDATIONS TO THE GOVERNOR AND THE GENERAL ASSEMBLY
CONCERNING METHODS TO MONITOR AND TO DETERMINE IF THERE IS ANY
NEED TO LIMIT STATE ECONOMIC DEVELOPMENT PROGRAMS THAT ARE STRUCTURED
IN A MANNER THAT ALLOW DECISIONS MADE BY LOCAL GOVERNMENTS TO
ADVERSELY AFFECT THE AMOUNT OF GENERAL FUND REVENUE THAT WOULD
OTHERWISE BE AVAILABLE FOR THE FINANCING OF PUBLIC SCHOOLS. THIS
PARAGRAPH (l) IS REPEALED, EFFECTIVE JANUARY 1, 1998.
SECTION 21. 2451401
(1.7), Colorado Revised Statutes, 1988 Repl. Vol., as amended,
is amended to read:
2451401. Employer and member contributions. (1.7) Effective July 1, 1993, the employer shall forward to the association by the tenth calendar day of each month a monthly contribution report and the full amount of employer and member contributions. Except as provided in subsection (7) of this section, such contributions shall be based upon the rates for the appropriate division as set forth in the following table multiplied by the total gross salary paid to members for the preceding month:
TABLE A
CONTRIBUTION RATES
Employer Member
Division Membership
Rate Rate
State All Members 11.6% 8.0%
Except
State Troopers 13.2% 11.5%
School All Members 11.6%
11.5% 8.0%
Municipal All Members 10.0% 8.0%
Judicial All Members 15.0% 8.0%
SECTION 22. 2245103
(1) (a), Colorado Revised Statutes, 1995 Repl. Vol., is amended
BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
2245103. Funds.
(1) The following funds are created for each school
district for purposes specified in this article:
(a) General fund. (VI) (A) FOR
THE 199798 BUDGET YEAR AND BUDGET YEARS THEREAFTER, AN AMOUNT
DETERMINED PURSUANT TO SUBSUBPARAGRAPH (B) OF THIS SUBPARAGRAPH
(VI) SHALL BE CREDITED TO THE CAPITAL CONSTRUCTION ACCOUNT. MONEYS
IN SAID ACCOUNT MAY BE USED FOR ANY OF THE PURPOSES SET FORTH
IN SUBSUBPARAGRAPHS (A), (B), (C), AND (D) OF SUBPARAGRAPH
(I) OF PARAGRAPH (c) OF THIS SUBSECTION (1) BUT SHALL NOT BE EXPENDED
BY THE DISTRICT FOR ANY OTHER PURPOSE. ALL INTEREST EARNED ON
THE INVESTMENT OF MONEYS IN THE ACCOUNT SHALL BE CREDITED TO THE
ACCOUNT. MONEYS REMAINING IN THE ACCOUNT AT THE END OF ANY FISCAL
YEAR SHALL REMAIN IN THE ACCOUNT AND BE AVAILABLE FOR EXPENDITURE
IN THE NEXT FISCAL YEAR.
(B) THE AMOUNT TO BE CREDITED TO THE CAPITAL
CONSTRUCTION ACCOUNT IN EACH BUDGET YEAR SHALL BE THE DIFFERENCE
BETWEEN THE DISTRICT'S TOTAL EMPLOYER CONTRIBUTION FOR THE BUDGET
YEAR AS CALCULATED PURSUANT TO SECTION 2451401 (1.7),
C.R.S., USING A CONTRIBUTION RATE OF 11.6% AND AS CALCULATED PURSUANT
TO SAID SECTION USING A CONTRIBUTION RATE OF 11.5%.
SECTION 23. 2241106,
Colorado Revised Statutes, 1995 Repl. Vol., as amended, is amended
to read:
2241106. Disposition of
income. (1) ALL
interest derived from the investment and reinvestment of the public
school fund shall be credited TO THE PUBLIC SCHOOL INCOME FUND
AND PERIODICALLY TRANSFERRED THEREFROM TO THE STATE PUBLIC SCHOOL
FUND. as follows:
(a) Except as otherwise provided
in this paragraph (a), an amount equal to the percentage change
in the consumer price index during the previous calendar year
divided by the effective interest rate times the interest earned
shall be periodically retained in and become part of the public
school fund to account for inflation. The effective interest rate
and the interest earned shall be those calculated by the state
treasurer for the previous calendar year. This retained amount
shall not exceed the amount of interest earned from the public
school fund. If the percentage change in the consumer price index
during the previous calendar year is zero or is negative, no interest
shall be retained in the public school fund pursuant to this paragraph
(a).
(b) The remainder of the interest
derived from the public school fund shall be credited to the public
school income fund and periodically transferred therefrom to the
state public school fund.
(2) For purposes of this section,
"consumer price index" means the United States consumer
price index for the DenverBoulder consolidated metropolitan
statistical area for all items for all urban consumers as published
by the bureau of labor statistics of the United States department
of labor or its successor index.
SECTION 24. 2233203
(2), Colorado Revised Statutes, 1995 Repl. Vol., as amended, is
amended to read:
2233203. Educational alternatives
for expelled students. (2) (a) UPON
REQUEST OF A STUDENT OR THE STUDENT'S PARENT OR GUARDIAN, the
school district, working with the student's parent or guardian,
may SHALL
provide services for any student who is expelled from the school
district. through the agreements entered
into pursuant to section 2233204.
THE SERVICES PROVIDED SHALL BE DESIGNED TO ENABLE THE STUDENT
TO RETURN TO SCHOOL OR TO SUCCESSFULLY COMPLETE THE GED, WHICHEVER
IS DEEMED APPROPRIATE BY THE EXPELLING SCHOOL DISTRICT, THE STUDENT'S
PARENT OR GUARDIAN, AND THE STUDENT. SUCH SERVICES SHALL BE PROVIDED
BY THE EXPELLING SCHOOL DISTRICT; EXCEPT THAT, IF THE EXPELLING
SCHOOL DISTRICT EXPELLED FEWER THAN FIFTY STUDENTS IN THE PRECEDING
SCHOOL YEAR, THE EXPELLING SCHOOL DISTRICT MAY PROVIDE SUCH SERVICES
IN COOPERATION WITH ONE OR MORE OTHER SCHOOL DISTRICTS, BOARDS
OF COOPERATIVE SERVICES, OR PILOT SCHOOLS ESTABLISHED PURSUANT
TO ARTICLE 38 OF THIS TITLE UNDER CONTRACT WITH THE EXPELLING
SCHOOL DISTRICT. SUCH SERVICES MAY BE PROVIDED BY THE SCHOOL DISTRICT
THROUGH AGREEMENTS ENTERED INTO PURSUANT TO SECTION 2233204.
Any expelled student receiving services shall be included in the
EXPELLING school district's pupil enrollment as defined in section
2254103 (10).
(b) IF AN EXPELLED STUDENT IS RECEIVING
SERVICES DELIVERED BY A SCHOOL DISTRICT OTHER THAN THE EXPELLING
SCHOOL DISTRICT, BY A BOARD OF COOPERATIVE SERVICES, OR BY A PILOT
SCHOOL PURSUANT TO AN AGREEMENT ENTERED INTO PURSUANT TO PARAGRAPH
(a) OF THIS SUBSECTION (2), THE EXPELLING SCHOOL DISTRICT SHALL
TRANSFER EIGHTY PERCENT OF THE DISTRICT PER PUPIL OPERATING REVENUES
TO THE SCHOOL DISTRICT, BOARD OF COOPERATIVE SERVICES, OR PILOT
SCHOOL THAT IS PROVIDING SUCH SERVICES, REDUCED IN PROPORTION
TO THE AMOUNT OF TIME REMAINING IN THE SCHOOL YEAR AT THE TIME
THE STUDENT BEGINS RECEIVING SUCH SERVICES.
(c) ANY SCHOOL DISTRICT THAT IS PROVIDING
SERVICES WITHIN THE SCHOOL DISTRICT TO EXPELLED STUDENTS PURSUANT
TO PARAGRAPH (a) OF THIS SUBSECTION (2) MAY APPLY FOR MONEYS THROUGH
THE EXPELLED STUDENT SERVICES GRANT PROGRAM ESTABLISHED IN SECTION
2233205 TO ASSIST IN PROVIDING SUCH SERVICES.
SECTION 25. Part
2 of article 33 of title 22, Colorado Revised Statutes, 1995 Repl.
Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION
to read:
2233205. Services for expelled
students grants criteria.
(1) THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT OF
EDUCATION THE EXPELLED STUDENT SERVICES GRANT PROGRAM, REFERRED
TO IN THIS SECTION AS THE "PROGRAM". THE PROGRAM SHALL
PROVIDE GRANTS TO SCHOOL DISTRICTS AND TO PILOT SCHOOLS ESTABLISHED
PURSUANT TO ARTICLE 38 OF THIS TITLE TO ASSIST THEM IN PROVIDING
TO EXPELLED STUDENTS EDUCATIONAL SERVICES THAT WILL ENABLE SUCH
STUDENTS TO EITHER RETURN TO SCHOOL OR TO SUCCESSFULLY COMPLETE
THE GED, WHICHEVER IS DEEMED APPROPRIATE BY THE EXPELLING SCHOOL
DISTRICT, THE STUDENT'S PARENT OR GUARDIAN, AND THE STUDENT. ANY
SCHOOL DISTRICT THAT PROVIDES SUCH SERVICES WITHIN THE SCHOOL
DISTRICT PURSUANT TO SECTION 2233203 (2) AND ANY PILOT
SCHOOL THAT PROVIDES SERVICES PURSUANT TO AN AGREEMENT ENTERED
INTO PURSUANT TO SECTION 2233203 (2) IS ELIGIBLE TO
PARTICIPATE IN THE GRANT PROGRAM. GRANTS AWARDED PURSUANT TO THIS
SECTION SHALL BE PAID FOR OUT OF ANY GENERAL FUND MONEYS APPROPRIATED
TO THE DEPARTMENT OF EDUCATION FOR IMPLEMENTATION OF THE PROGRAM.
(2) (a) THE STATE BOARD BY RULE SHALL
ESTABLISH APPLICATION PROCEDURES BY WHICH A SCHOOL DISTRICT OR
A PILOT SCHOOL MAY ANNUALLY APPLY FOR A GRANT UNDER THE PROGRAM.
AT A MINIMUM, THE APPLICATION SHALL INCLUDE A PLAN FOR PROVISION
OF SERVICES, INCLUDING THE TYPE OF SERVICES TO BE PROVIDED AND
THE ESTIMATED COST OF PROVIDING SUCH SERVICES.
(b) THE STATE BOARD SHALL DETERMINE WHICH
OF THE APPLYING SCHOOL DISTRICTS AND PILOT SCHOOLS SHALL RECEIVE
GRANTS AND THE AMOUNT OF EACH GRANT. IN AWARDING GRANTS, THE STATE
BOARD SHALL CONSIDER THE FOLLOWING CRITERIA:
(I) THE NUMBER OF STUDENTS EXPELLED FROM
THE APPLYING SCHOOL DISTRICT DURING THE SCHOOL YEAR PRECEDING
THE SCHOOL YEAR FOR WHICH THE GRANT IS REQUESTED;
(II) THE ESTIMATED NUMBER OF STUDENTS
ENROLLED IN THE SCHOOL DISTRICT WHO ARE ANTICIPATED TO BE AT RISK
OF SUSPENSION OR EXPULSION DURING THE YEAR FOR WHICH THE GRANT
IS REQUESTED;
(III) THE NUMBER OF EXPELLED STUDENTS
RECEIVING EDUCATIONAL SERVICES THROUGH THE APPLYING PILOT SCHOOL
UNDER AGREEMENTS ENTERED INTO PURSUANT TO SECTION 2233203
(2) DURING THE SCHOOL YEAR PRECEDING THE YEAR FOR WHICH THE GRANT
IS REQUESTED AND THE NUMBER OF EXPELLED STUDENTS ANTICIPATED TO
RECEIVE SUCH SERVICES DURING THE YEAR FOR WHICH THE GRANT IS REQUESTED;
(IV) THE QUALITY OF SERVICES TO BE PROVIDED
BY THE SCHOOL DISTRICT OR PILOT SCHOOL UNDER THE PLAN;
(V) THE COSTEFFECTIVENESS OF THE
SERVICES TO BE PROVIDED UNDER THE PLAN; AND
(VI) THE AMOUNT OF FUNDING RECEIVED BY
THE SCHOOL DISTRICT UNDER ARTICLE 54 OF THIS TITLE OR BY THE PILOT
SCHOOL IN RELATION TO THE COST OF THE SERVICES PROVIDED UNDER
THE PLAN.
SECTION 26. 2238104,
Colorado Revised Statutes, 1995 Repl. Vol., as amended, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
2238104. Pilot schools
requirements authority.
(10) IN ADDITION TO THE STUDENTS ENROLLED AT EACH PILOT
SCHOOL PURSUANT TO SECTION 2238111, A PILOT SCHOOL
MAY ENTER INTO AN AGREEMENT PURSUANT TO SECTION 2233203
(2) WITH A SCHOOL DISTRICT OR WITH A BOARD OF COOPERATIVE SERVICES
TO PROVIDE EDUCATIONAL SERVICES TO ENABLE EXPELLED STUDENTS TO
EITHER RETURN TO SCHOOL OR SUCCESSFULLY COMPLETE THE GED. STUDENTS
RECEIVING SUCH SERVICES SHALL NOT BE CONSIDERED TO BE ENROLLED
AT THE PILOT SCHOOL, AND, IF THE PILOT SCHOOL PROVIDES FULLTIME
RESIDENTIAL FACILITIES, STUDENTS RECEIVING SUCH SERVICES NEED
NOT RESIDE AT THE PILOT SCHOOL.
SECTION 27. 2238111,
Colorado Revised Statutes, 1995 Repl. Vol., as amended, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
2238111. Pilot schools
admission of students. (4) STUDENTS
ENROLLED IN A PILOT SCHOOL PURSUANT TO THIS SECTION ARE IN ADDITION
TO STUDENTS RECEIVING EDUCATIONAL SERVICES FROM THE PILOT SCHOOL
UNDER AN AGREEMENT ENTERED INTO PURSUANT TO SECTION 2233203
(2). STUDENTS RECEIVING SUCH EDUCATIONAL SERVICES SHALL NOT BE
SUBJECT TO THE ADMISSIONS REQUIREMENTS THAT ARE APPLIED TO ENROLLING
STUDENTS, BUT SHALL BE ELIGIBLE TO RECEIVE SERVICES AS PROVIDED
UNDER THE AGREEMENT.
SECTION 28. 2238115,
Colorado Revised Statutes, 1995 Repl. Vol., as amended, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
2238115. Funding.
(3) A PILOT SCHOOL MAY APPLY FOR A GRANT FROM THE EXPELLED
STUDENT SERVICES GRANT PROGRAM AS PROVIDED IN SECTION 2233205
TO USE IN PROVIDING EDUCATIONAL SERVICES TO EXPELLED STUDENTS
UNDER AGREEMENTS ENTERED INTO PURSUANT TO SECTION 2233203
(2).
SECTION 29. 2254104.3
(2.7), Colorado Revised Statutes, 1995 Repl. Vol., as amended,
is amended to read:
2254104.3. Total program
for 199495 and 199596 budget years and budget years
thereafter special provisions.
(2.7) (a) For the 199798 budget year and
budget years thereafter, notwithstanding the provisions of section
2254104 (2) and (6), a district's total program for
the applicable budget year shall not exceed the district's total
program for the prior budget year multiplied by 100% plus the
district's maximum annual percentage change in the applicable
fiscal year spending.
(b) For purposes of this subsection (2.7),
"maximum annual percentage change in the applicable fiscal
year spending" means the percentage change in fiscal year
spending allowed by section 20 of article X of the state constitution
based upon the definition of inflation found in said section 20
and based upon the definition of local growth as the percentage
change between the district's funded pupil count during the immediately
preceding October and the district's current year October funded
pupil count.
(c) (I) IF A DISTRICT'S 199798
TOTAL PROGRAM WAS CALCULATED PURSUANT TO PARAGRAPH (a) OF THIS
SUBSECTION (2.7) AND THE DISTRICT IS CAPABLE OF RECEIVING AN INCREASE
IN ITS 199798 TOTAL PROGRAM WITHIN THE LIMITATIONS ON ITS
FISCAL YEAR SPENDING FOR THE 199798 BUDGET YEAR UNDER SECTION
20 OF ARTICLE X OF THE STATE CONSTITUTION, THE DISTRICT MAY CERTIFY
TO THE DEPARTMENT THAT IT MAY RECEIVE AN ADDITIONAL INCREASE IN
ITS 199798 TOTAL PROGRAM IN AN AMOUNT EQUAL TO THE LESSER
OF:
(A) THE DIFFERENCE BETWEEN THE DISTRICT'S
199798 TOTAL PROGRAM CALCULATED PURSUANT TO PARAGRAPH (a)
OF THIS SUBSECTION (2.7) AND THE DISTRICT'S 199798 TOTAL
PROGRAM CALCULATED PURSUANT TO SECTION 2254104 (2)
OR (6); OR
(B) THE DIFFERENCE BETWEEN THE DISTRICT'S
199798 TOTAL PROGRAM CALCULATED PURSUANT TO PARAGRAPH (a)
OF THIS SUBSECTION (2.7) AND THE DISTRICT'S ALLOWABLE FISCAL YEAR
SPENDING FOR THE 199798 BUDGET YEAR UNDER SECTION 20 OF
ARTICLE X OF THE STATE CONSTITUTION.
(II) EACH DISTRICT ELIGIBLE FOR AN INCREASE
PURSUANT THIS PARAGRAPH (c) SHALL CERTIFY TO THE DEPARTMENT THE
EXACT DOLLAR AMOUNT OF INCREASE THAT THE DISTRICT CAN ACCEPT.
SUCH CERTIFICATION SHALL BE SUBMITTED NO LATER THAN DECEMBER 1,
1997, AND MUST BE REVIEWED AND APPROVED BY AN AUDITOR FOR THE
DISTRICT.
SECTION 30. 2220114
(1) (b.5), Colorado Revised Statutes, 1995 Repl. Vol., is amended,
and the said 2220114 (1) is further amended BY THE
ADDITION OF A NEW PARAGRAPH, to read:
2220114. Funding of programs.
(1) (b.5) For the 199596 AND 199697
budget year and budget years thereafter
YEARS, each administrative unit that maintains and operates special
education programs approved by the department for the education
of exceptional children shall be entitled to a base amount of
state funding equal to the state base amount received for the
199495 budget year. Any increase in the appropriation made
to the department over the appropriation made to the department
for the 199495 budget year shall be distributed to a school
district in proportion to the number of children with disabilities
residing in such district divided by the total number of children
with disabilities in the state. The increase in the appropriation
to be distributed to school districts pursuant to this paragraph
(b.5) shall be distributed as soon as practicable after the beginning
of the fiscal year.
(b.7) (I) FOR THE 199798 BUDGET YEAR
AND BUDGET YEARS THEREAFTER, FORTYNINE MILLION EIGHT HUNDRED
THOUSAND SEVEN HUNDRED FIFTYSIX DOLLARS SHALL BE DISTRIBUTED
TO EACH ADMINISTRATIVE UNIT THAT MAINTAINS AND OPERATES SPECIAL
EDUCATION PROGRAMS IN PROPORTION TO THE AMOUNT OF STATE FUNDING
THE ADMINISTRATIVE UNIT RECEIVED FOR THE 199495 BUDGET YEAR
DIVIDED BY THE APPROPRIATION FOR THE 199495 BUDGET YEAR.
(II) FOR THE 199798 BUDGET YEAR
AND BUDGET YEARS THEREAFTER, ANY INCREASE IN THE APPROPRIATION
MADE TO THE DEPARTMENT OVER THE AMOUNT DISTRIBUTED IN ACCORDANCE
WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH (b.7) SHALL BE DISTRIBUTED
TO A SCHOOL DISTRICT IN PROPORTION TO THE NUMBER OF CHILDREN WITH
DISABILITIES RESIDING IN SUCH DISTRICT DIVIDED BY THE TOTAL NUMBER
OF CHILDREN WITH DISABILITIES IN THE STATE. THE INCREASE IN THE
APPROPRIATION TO BE DISTRIBUTED TO SCHOOL DISTRICTS PURSUANT TO
THIS PARAGRAPH (b.7) SHALL BE DISTRIBUTED AS SOON AS PRACTICABLE
AFTER THE BEGINNING OF THE FISCAL YEAR. FOR PURPOSES OF THIS PARAGRAPH
(b.7), THE NUMBER OF CHILDREN WITH DISABILITIES SHALL BE BASED
UPON THE COUNT TAKEN IN DECEMBER OF THE IMMEDIATELY PRECEDING
BUDGET YEAR.
SECTION 31. 2253409,
Colorado Revised Statutes, 1995 Repl. Vol., as amended, is REPEALED
AND REENACTED, WITH AMENDMENTS, to read:
2253409. Assessments.
(1) BEGINNING IN THE SPRING SEMESTER 1997, THE DEPARTMENT
SHALL IMPLEMENT THE COLORADO STUDENT ASSESSMENT PROGRAM UNDER
WHICH THE DEPARTMENT SHALL ADMINISTER STATEWIDE ASSESSMENTS ADOPTED
BY THE BOARD PURSUANT TO SECTION 2253406 IN THE FIRST
PRIORITY AREAS OF READING, WRITING, MATHEMATICS, AND SCIENCE,
ACCORDING TO THE FOLLOWING IMPLEMENTATION SCHEDULE:
(a) BEGINNING IN THE SPRING SEMESTER 1997,
AND EACH SPRING SEMESTER THEREAFTER, THE DEPARTMENT SHALL ADMINISTER
A STATEWIDE ASSESSMENT IN READING AND WRITING TO ALL STUDENTS
ENROLLED IN FOURTH GRADE IN PUBLIC SCHOOLS THROUGHOUT THE STATE.
(b) BEGINNING IN THE SPRING SEMESTER 1998,
AND EACH SPRING SEMESTER THEREAFTER, THE DEPARTMENT SHALL ADMINISTER
A STATEWIDE ASSESSMENT IN READING TO ALL STUDENTS ENROLLED IN
THE THIRD GRADE IN PUBLIC SCHOOLS THROUGHOUT THE STATE.
(c) BEGINNING IN THE SPRING SEMESTER 1999,
AND EACH SPRING SEMESTER THEREAFTER, THE DEPARTMENT SHALL ADMINISTER
A STATEWIDE ASSESSMENT IN MATHEMATICS TO ALL STUDENTS ENROLLED
IN THE FIFTH GRADE IN PUBLIC SCHOOLS THROUGHOUT THE STATE.
(d) BEGINNING IN THE SPRING SEMESTER 2000,
AND EACH SPRING SEMESTER THEREAFTER, THE DEPARTMENT SHALL ADMINISTER
A STATEWIDE ASSESSMENT IN MATHEMATICS TO ALL STUDENTS ENROLLED
IN THE EIGHTH GRADE IN PUBLIC SCHOOLS THROUGHOUT THE STATE.
(e) BEGINNING IN THE SPRING SEMESTER 2001,
AND EACH SPRING SEMESTER THEREAFTER, THE DEPARTMENT SHALL ADMINISTER
A STATEWIDE ASSESSMENT IN SCIENCE TO ALL STUDENTS ENROLLED IN
THE EIGHTH GRADE IN PUBLIC SCHOOLS THROUGHOUT THE STATE.
(2) THE DEPARTMENT SHALL PREPARE AN ANNUAL
REPORT OF THE RESULTS OF THE STATEWIDE ASSESSMENTS WHICH SHALL
BE SUBMITTED NO LATER THAN JANUARY 1, 1998, AND NO LATER THAN
EACH JANUARY 1 THEREAFTER, TO THE EDUCATION COMMITTEES OF THE
HOUSE OF REPRESENTATIVES AND THE SENATE AND TO THE GOVERNOR AND
WHICH SHALL BE MADE AVAILABLE UPON REQUEST TO MEMBERS OF THE PUBLIC.
IN THE REPORT, THE DEPARTMENT SHALL PRESENT THE PERCENTAGE OF
STUDENTS ACHIEVING EACH OF THE PERFORMANCE LEVELS SPECIFIED BY
THE BOARD, CALCULATED FOR THE STATE AS A WHOLE, FOR EACH DISTRICT
AND BY DISTRICT SIZE. THE DEPARTMENT SHALL ALSO REPORT THE PERCENTAGE
OF STUDENTS IN THE STATE ACHIEVING EACH OF THE PERFORMANCE LEVELS
BY GENDER, RACE, SEPARATE DISABLING CONDITION, AND ETHNICITY.
THE DEPARTMENT SHALL ALSO REPORT SAID PERCENTAGES BY SCHOOL, CATEGORIZING
THE SCHOOLS BY SOCIOECONOMIC STATUS DETERMINED BY THE NUMBER OF
STUDENTS ELIGIBLE FOR FREE OR REDUCEDCOST LUNCH.
(3) BEGINNING FISCAL YEAR 199899
AND FOR FISCAL YEARS THEREAFTER, AS PROVIDED IN SECTION 2254121,
THE DEPARTMENT MAY FUND THE COLORADO STUDENT ASSESSMENT PROGRAM
USING A PORTION OF THE MONEYS ANNUALLY APPROPRIATED TO PUBLIC
SCHOOL FINANCE, TOTAL PROGRAM, PURSUANT TO ARTICLE 54 OF THIS
TITLE, SUBJECT TO THE LIMITATION SPECIFIED IN A FOOTNOTE TO THE
ANNUAL GENERAL APPROPRIATIONS BILL.
SECTION 32. 2253405
(2), Colorado Revised Statutes, 1995 Repl. Vol., is amended to
read:
2253405. Powers and duties
of the state standards and assessments development and implementation
council. (2) Following adoption
of the state model content standards by the board pursuant to
section 2253406 (1), the council shall develop and
recommend to the board state assessments IN THE AREAS OF READING,
WRITING, MATHEMATICS, AND SCIENCE that are aligned with the state
model content standards and that, following adoption by the board,
shall be administered statewide by the department at
the fourth grade, eighth grade, and eleventh grade levels
pursuant to the provisions of section 2253409. The
council shall also recommend an acceptable performance level on
each such state assessment. Such performance level shall be continuously
reexamined.
SECTION 33. 2253406
(2) (b) and (3), Colorado Revised Statutes, 1995 Repl. Vol., as
amended, are amended to read:
2253406. Adoption of state
model content standards, state assessments, and timelines
resource bank. (2) On or before
September 15, 1995, the board, after careful consideration of
the recommendations of the council and in consultation with the
commission and the joint budget committee, shall adopt timelines:
(b) Specifying the time by which districts
shall begin to assess students IN THE SUBJECT AREAS THAT ARE NOT
TESTED BY THE STATE PURSUANT TO SECTION 2253409. The
timeline shall require student assessments to be administered
as follows: In the first year, assessments shall be administered
to students in the fourth grade level; in the second year, assessments
shall be administered to students in the fourth and eighth grade
levels; in the third year and in each year thereafter, assessments
shall be administered to students in the fourth, eighth, and eleventh
grade levels.
(3) On or before June 1, 1996, the board,
after careful consideration of the recommendations of the council,
shall adopt state assessments IN THE AREAS OF READING, WRITING,
MATHEMATICS, AND SCIENCE which are aligned with the state model
content standards and shall specify an acceptable performance
level on each such state assessment. Such performance level shall
be continuously reexamined. In addition, the board may, at its
discretion, adopt additional performance levels.
SECTION 34. 2253407
(2) (b) and (2) (c), Colorado Revised Statutes, 1995 Repl. Vol.,
are amended to read:
2253407. Adoption of content
standards by districts. (2) Following
adoption of content standards pursuant to this section, the district
shall develop a plan for:
(b) Developing assessments which
THAT will adequately measure each student's progress toward and
achievement of the adopted content standards FOR THE SUBJECT AREAS
THAT ARE NOT TESTED BY THE STATE PURSUANT TO SECTION 2253409,
including specification of an acceptable performance level. Such
performance level shall be continuously reexamined.
(c) Administering assessments developed
pursuant to paragraph (b) of this subsection (2) to students;
at the fourth, eighth, and eleventh
grade levels and, at the district's discretion, at other grade
levels;
SECTION 35. Article
54 of title 22, Colorado Revised Statutes, 1995 Repl. Vol., as
amended, is amended BY THE ADDITION OF A NEW SECTION to read:
2254121. Funding for statewide
assessment program. FOR FISCAL YEAR 199899
AND FOR FISCAL YEARS THEREAFTER, THE DEPARTMENT OF EDUCATION MAY
EXPEND A PORTION OF THE TOTAL AMOUNT ANNUALLY APPROPRIATED BY
THE GENERAL ASSEMBLY FOR PUBLIC SCHOOL FINANCE, TOTAL PROGRAM,
IN THE ANNUAL GENERAL APPROPRIATIONS BILL AS NECESSARY TO IMPLEMENT
THE COLORADO STUDENT ASSESSMENT PROGRAM PURSUANT TO SECTION 227409;
EXCEPT THAT THE AMOUNT SPENT BY THE DEPARTMENT IN IMPLEMENTING
SAID ASSESSMENT PROGRAM SHALL NOT EXCEED THE LIMITATION ANNUALLY
SPECIFIED IN A FOOTNOTE TO THE ANNUAL GENERAL APPROPRIATIONS BILL.
IF THE REMAINDER OF THE AMOUNT APPROPRIATED FOR PUBLIC SCHOOL
FINANCE, TOTAL PROGRAM, IS NOT SUFFICIENT TO FUND THE STATE'S
SHARE OF TOTAL PROGRAM FUNDING FOR ANY FISCAL YEAR, THE DEPARTMENT
OF EDUCATION SHALL WITHHOLD AMOUNTS FROM SCHOOL DISTRICTS IN THE
MANNER PROVIDED IN SECTION 2254106 (4) (c).
SECTION 36. 227409,
Colorado Revised Statutes, 1995 Repl. Vol., as enacted by House
Bill 971219, enacted at the First Regular Session of the
Sixtyfirst General Assembly, is REPEALED AND REENACTED,
WITH AMENDMENTS, to read:
227409. Assessments.
(1) BEGINNING IN THE SPRING SEMESTER 1997, THE DEPARTMENT
SHALL IMPLEMENT THE COLORADO STUDENT ASSESSMENT PROGRAM UNDER
WHICH THE DEPARTMENT SHALL ADMINISTER STATEWIDE ASSESSMENTS ADOPTED
BY THE BOARD PURSUANT TO SECTION 227406 IN THE FIRST
PRIORITY AREAS OF READING, WRITING, MATHEMATICS, AND SCIENCE,
ACCORDING TO THE FOLLOWING IMPLEMENTATION SCHEDULE:
(a) BEGINNING IN THE SPRING SEMESTER 1997,
AND EACH SPRING SEMESTER THEREAFTER, THE DEPARTMENT SHALL ADMINISTER
A STATEWIDE ASSESSMENT IN READING AND WRITING TO ALL STUDENTS
ENROLLED IN FOURTH GRADE IN PUBLIC SCHOOLS THROUGHOUT THE STATE.
(b) BEGINNING IN THE SPRING SEMESTER 1998,
AND EACH SPRING SEMESTER THEREAFTER, THE DEPARTMENT SHALL ADMINISTER
A STATEWIDE ASSESSMENT IN READING TO ALL STUDENTS ENROLLED IN
THE THIRD GRADE IN PUBLIC SCHOOLS THROUGHOUT THE STATE.
(c) BEGINNING IN THE SPRING SEMESTER 1999,
AND EACH SPRING SEMESTER THEREAFTER, THE DEPARTMENT SHALL ADMINISTER
A STATEWIDE ASSESSMENT IN MATHEMATICS TO ALL STUDENTS ENROLLED
IN THE FIFTH GRADE IN PUBLIC SCHOOLS THROUGHOUT THE STATE.
(d) BEGINNING IN THE SPRING SEMESTER 2000,
AND EACH SPRING SEMESTER THEREAFTER, THE DEPARTMENT SHALL ADMINISTER
A STATEWIDE ASSESSMENT IN MATHEMATICS TO ALL STUDENTS ENROLLED
IN THE EIGHTH GRADE IN PUBLIC SCHOOLS THROUGHOUT THE STATE.
(e) BEGINNING IN THE SPRING SEMESTER 2001,
AND EACH SPRING SEMESTER THEREAFTER, THE DEPARTMENT SHALL ADMINISTER
A STATEWIDE ASSESSMENT IN SCIENCE TO ALL STUDENTS ENROLLED IN
THE EIGHTH GRADE IN PUBLIC SCHOOLS THROUGHOUT THE STATE.
(2) THE DEPARTMENT SHALL PREPARE AN ANNUAL
REPORT OF THE RESULTS OF THE STATEWIDE ASSESSMENTS WHICH SHALL
BE SUBMITTED NO LATER THAN JANUARY 1, 1998, AND NO LATER THAN
EACH JANUARY 1 THEREAFTER, TO THE EDUCATION COMMITTEES OF THE
HOUSE OF REPRESENTATIVES AND THE SENATE AND TO THE GOVERNOR AND
WHICH SHALL BE MADE AVAILABLE UPON REQUEST TO MEMBERS OF THE PUBLIC.
IN THE REPORT, THE DEPARTMENT SHALL PRESENT THE PERCENTAGE OF
STUDENTS ACHIEVING EACH OF THE PERFORMANCE LEVELS SPECIFIED BY
THE BOARD, CALCULATED FOR THE STATE AS A WHOLE, FOR EACH DISTRICT
AND BY DISTRICT SIZE. THE DEPARTMENT SHALL ALSO REPORT THE PERCENTAGE
OF STUDENTS IN THE STATE ACHIEVING EACH OF THE PERFORMANCE LEVELS
BY GENDER, RACE, SEPARATE DISABLING CONDITION, AND ETHNICITY.
THE DEPARTMENT SHALL ALSO REPORT SAID PERCENTAGES BY SCHOOL, CATEGORIZING
THE SCHOOLS BY SOCIOECONOMIC STATUS DETERMINED BY THE NUMBER OF
STUDENTS ELIGIBLE FOR FREE OR REDUCEDCOST LUNCH.
(3) BEGINNING FISCAL YEAR 199899
AND FOR FISCAL YEARS THEREAFTER, AS PROVIDED IN SECTION 2254121,
THE DEPARTMENT MAY FUND THE COLORADO STUDENT ASSESSMENT PROGRAM
USING A PORTION OF THE MONEYS ANNUALLY APPROPRIATED TO PUBLIC
SCHOOL FINANCE, TOTAL PROGRAM, PURSUANT TO ARTICLE 54 OF THIS
TITLE, SUBJECT TO THE LIMITATION SPECIFIED IN A FOOTNOTE TO THE
ANNUAL GENERAL APPROPRIATIONS BILL.
SECTION 37. 227405
(2), Colorado Revised Statutes, 1995 Repl. Vol., as enacted by
House Bill 971219, enacted at the First Regular Session
of the Sixtyfirst General Assembly, is amended to read:
227405. Powers and duties
of the state standards and assessments development and implementation
council. (2) Following adoption
of the state model content standards by the board pursuant to
section 227406 (1), the council shall develop and
recommend to the board state assessments IN THE AREAS OF READING,
WRITING, MATHEMATICS, AND SCIENCE that are aligned with the state
model content standards and that, following adoption by the board,
shall be administered statewide by the department at
the fourth grade, eighth grade, and eleventh grade levels
pursuant to the provisions of section 227409. The
council shall also recommend an acceptable performance level on
each such state assessment. Such performance level shall be continuously
reexamined.
SECTION 38. 227406
(2) (b) and (3), Colorado Revised Statutes, 1995 Repl. Vol., as
enacted by House Bill 971219, enacted at the First Regular
Session of the Sixtyfirst General Assembly, are amended
to read:
227406. Adoption of state
model content standards, state assessments, and timelines
resource bank. (2) On or before
September 15, 1995, the board, after careful consideration of
the recommendations of the council and in consultation with the
commission and the joint budget committee, shall adopt timelines:
(b) Specifying the time by which districts
shall begin to assess students IN THE SUBJECT AREAS THAT ARE NOT
TESTED BY THE STATE PURSUANT TO SECTION 227409. The
timeline shall require student assessments to be administered
as follows: In the first year, assessments shall be administered
to students in the fourth grade level; in the second year, assessments
shall be administered to students in the fourth and eighth grade
levels; in the third year and in each year thereafter, assessments
shall be administered to students in the fourth, eighth, and eleventh
grade levels.
(3) On or before June 1, 1996, the board,
after careful consideration of the recommendations of the council,
shall adopt state assessments IN THE AREAS OF READING, WRITING,
MATHEMATICS, AND SCIENCE which are aligned with the state model
content standards and shall specify an acceptable performance
level on each such state assessment. Such performance level shall
be continuously reexamined. In addition, the board may, at its
discretion, adopt additional performance levels.
SECTION 39. 227407
(2) (b) and (2) (c), Colorado Revised Statutes, 1995 Repl. Vol.,
as enacted by House Bill 971219, enacted at the First Regular
Session of the Sixtyfirst General Assembly, are amended
to read:
227407. Adoption of content
standards by districts. (2) Following
adoption of content standards pursuant to this section, the district
shall develop a plan for:
(b) Developing assessments which
THAT will adequately measure each student's progress toward and
achievement of the adopted content standards FOR THE SUBJECT AREAS
THAT ARE NOT TESTED BY THE STATE PURSUANT TO SECTION 227409,
including specification of an acceptable performance level. Such
performance level shall be continuously reexamined.
(c) Administering assessments developed
pursuant to paragraph (b) of this subsection (2) to students;
at the fourth, eighth, and eleventh
grade levels and, at the district's discretion, at other grade
levels;
SECTION 40. Funding
for statewide assessment program for 199697 and 199798
fiscal years. (1) 199697 funding.
For the 199697 fiscal year, the department of education,
for the implementation of the Colorado student assessment program
pursuant to section 2253409, Colorado Revised Statutes,
may use those moneys appropriated to the department in House Bill
961366 for the 199697 fiscal year that would otherwise
revert to the state general fund or be transferred to the schools
of choice fund and the Colorado comprehensive health education
fund pursuant to section 2254114 (3), Colorado Revised
Statutes, at the conclusion of the 199697 fiscal year; except
that the amount of such moneys used for the implementation of
the program shall not exceed one million six hundred thousand
dollars ($1,600,000). The department of education may transfer
said moneys between funds to the extent necessary for the implementation
of this section.
(2) 199798 funding. Of the
amount appropriated by the general assembly in Senate Bill 97215
for school finance, total program, for the 199798 fiscal
year, one million eight hundred thousand ($1,800,000) of such
amount, or so much thereof as may be necessary, may be expended
by the department of education in implementing the Colorado student
assessment program pursuant to section 227409, Colorado
Revised Statutes. If the remainder of the appropriation is not
sufficient to fund the state's share of total program funding
for the 199798 fiscal year, the department of education
shall withhold amounts from school districts in the manner provided
in section 2254106 (4) (c), Colorado Revised Statutes.
SECTION 41. Appropriations
adjustments to the 1997 long bill. (1) For
the implementation of this act, appropriations made in the annual
general appropriation act for the fiscal year beginning July 1,
1997, shall be adjusted as follows:
(a) The appropriation made to the department
of education, public school finance, total program, is decreased
by nine million two hundred thirtyseven thousand four hundred
eightyfive dollars ($9,237,485). Said sum shall be from
the general fund.
(b) The appropriation made to the department of education, public school finance, total program, is increased by fifteen million four hundred thirtytwo thousand six hundred three dollars ($15,432,603). Of said sum, nine million twentyfive thousand eight hundred seventytwo dollars ($9,025,872) shall be from cash funds exempt interest earned on moneys in the public school fund, and six million four hundred six thousand seven hundred thirtyone dollars ($6,406,731) shall be from reserves in school lands and federal mineral lease revenues.
(c) The appropriation made to the department
of education, public school finance, special education
children with disabilities, is increased by four million seven
hundred thirtyseven thousand four hundred eightyfive
dollars ($4,737,485). Said sum shall be from the general fund.
(d) The appropriation made to the department
of education, public school finance, special education
gifted and talented children, is increased by one million dollars
($1,000,000). Said sum shall be from the general fund.
(2) In addition to any other appropriation,
there is hereby appropriated, out of any moneys in the general
fund not otherwise appropriated, to the department of education,
three million five hundred thousand dollars ($3,500,000), or so
much thereof as may be necessary, for the expelled student services
grant program created in the department of education by section
2233205, Colorado Revised Statutes.
SECTION 42. Effective date.
This act shall take effect upon passage; except that:
(a) Section 21 of this act shall not take
effect if section 2451401 (1.7), Colorado Revised
Statutes, is amended by House Bill 971082 and said House
Bill is enacted at the First Regular Session of the Sixtyfirst
General Assembly and becomes law. If section 21 does take effect,
it shall take effect on July 1, 1997.
(b) Sections 35 through 39 shall only
take effect if House Bill 971219, enacted at the First Regular
Session of the Sixtyfirst General Assembly becomes law.
If sections 35 through 39 do take effect, they shall take effect
at the same time House Bill 971219 takes effect.
SECTION 43. 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.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO