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Second Regular Session
Sixty-first General Assembly
LLS NO. 980485.01 JAP
HOUSE BILL 981057
STATE OF COLORADO
BY REPRESENTATIVE Sullivant.
also SENATOR Chlouber. REENGROSSED
A BILL FOR AN ACT
CONCERNING FUNDING FOR PUPILS WHO ATTEND SCHOOL IN
A SCHOOL DISTRICT OTHER THAN THE SCHOOL DISTRICT OF RESIDENCE
UNDER THE PROVISIONS OF ARTICLE 36 OF TITLE 22, C.R.S.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
On and after July 1, 1998, allows a school district that received minimum state aid in the preceding budget year to allow nonresident pupils to attend a particular program or school within the school district without enrolling. Provides that the school district shall receive an amount equal to either the school district of residence's per pupil operating revenues or the school district of attendance's per pupil operating revenues, whichever is less, multiplied by the number of pupils who attend more than 50% of the school day without enrolling.
Requires the school district that allows pupils to
attend without enrolling to report to the department of education
the number of pupils, by school district of residence, so attending
without enrolling. Instructs the department of education to withhold
from the pupil's school district of residence an amount equal
to either the per pupil operating revenues for the school district
of residence or the school district of attendance, whichever is
less, for each pupil attending more than 50% of the school day
without enrolling and to transfer said amount monthly to the school
district of attendance.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 2236101 (1) (b), (2) (b) (IV), the introductory portion to 2236101 (3), and 2236101 (3) (e), Colorado Revised Statutes, are amended, and the said 2236101 (2) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:
2236101. Choice of programs and schools within school districts. (1) Except as otherwise provided in subsection (3) of this section, every school district, as defined in section 2230103 (13), shall allow:
(b) Commencing with the 199495 school year and thereafter, nonresident pupils from other school districts within the state who apply pursuant to the procedures established pursuant to subsection (2) of this section to enroll in OR ATTEND particular programs or schools within such school district without requiring the nonresident pupils to pay tuition.
(2) (a.5) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (2), EFFECTIVE JULY 1, 1998, A SCHOOL DISTRICT THAT RECEIVED STATE AID IN THE AMOUNT OF TEN PERCENT OR LESS OF THE DISTRICT'S TOTAL PROGRAM, AS DEFINED IN SECTION 2254103 (6), FOR THE IMMEDIATELY PRECEDING BUDGET YEAR MAY, RATHER THAN ENROLLING NONRESIDENT STUDENTS, ELECT TO ADOPT POLICIES AND PROCEDURES TO ALLOW NONRESIDENT STUDENTS TO ATTEND A PARTICULAR PROGRAM OR SCHOOL IN THE SCHOOL DISTRICT WITHOUT ENROLLING; EXCEPT THAT THE PROVISIONS OF THIS PARAGRAPH (a.5) SHALL NOT APPLY TO ANY STUDENT INITIALLY ENROLLED IN A SCHOOL DISTRICT OTHER THAN THE STUDENT'S DISTRICT OF RESIDENCE PRIOR TO JULY 1, 1998.
(b) In implementing the provisions of subsection (1) of this section, no school district shall be required to:
(IV) Enroll any student IN OR ADMIT ANY
STUDENT TO ATTEND, pursuant to this section,
any program or school after October 1.
(3) Any school district may deny any of its resident pupils or any nonresident pupils from other school districts within the state permission to enroll in OR ATTEND particular programs or schools within such school district only for any of the following reasons:
(e) The student has been expelled, or is in the process of being expelled, for the reasons specified in section 2233106 (1) (c.5) or (1) (d) or the student may be denied permission to enroll OR ATTEND pursuant to section 2233106 (3) (a), (3) (b), (3) (c), (3) (e), or (3) (f).
SECTION 2. Article 36 of title 22, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
2236101.5. Schools of choice minimum state aid school districts revenues. ANY SCHOOL DISTRICT THAT ELECTS TO ALLOW NONRESIDENT STUDENTS TO ATTEND PARTICULAR PROGRAMS OR SCHOOLS IN THE SCHOOL DISTRICT WITHOUT ENROLLING, AS PROVIDED IN SECTION 2236101 (2) (a.5), SHALL RECEIVE, PURSUANT TO SECTION 2254109 (5), AN AMOUNT EQUAL TO EITHER THE SCHOOL DISTRICT'S PER PUPIL OPERATING REVENUES OR THE SCHOOL DISTRICT OF RESIDENCE'S PER PUPIL OPERATING REVENUES, WHICHEVER IS LESS, FOR EACH NONRESIDENT STUDENT WHO ATTENDS A PARTICULAR PROGRAM OR SCHOOL IN THE SCHOOL DISTRICT FOR MORE THAN FIFTY PERCENT OF EACH SCHOOL DAY WITHOUT ENROLLING.
SECTION 3. 2254109, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
2254109. Attendance in district other than district of residence. (5) ANY SCHOOL DISTRICT THAT ALLOWS PUPILS TO ATTEND PARTICULAR PROGRAMS OR SCHOOLS IN THE SCHOOL DISTRICT WITHOUT REQUIRING THEM TO ENROLL, AS PROVIDED IN SECTION 2236101 (2) (a.5), SHALL REPORT TO THE DEPARTMENT OF EDUCATION, BY DISTRICT OF RESIDENCE, THE NUMBER OF PUPILS SO ATTENDING FOR MORE THAN FIFTY PERCENT OF EACH SCHOOL DAY BUT NOT ENROLLED AND NOT INCLUDED IN THE PUPIL ENROLLMENT FOR THE SCHOOL DISTRICT OF ATTENDANCE. THE DEPARTMENT OF EDUCATION SHALL ANNUALLY WITHHOLD FROM THE SCHOOL DISTRICT OF RESIDENCE AN AMOUNT EQUAL TO EITHER THE DISTRICT OF RESIDENCE'S PER PUPIL OPERATING REVENUE OR THE DISTRICT OF ATTENDANCE'S PER PUPIL OPERATING REVENUE, WHICHEVER AMOUNT IS LESS, FOR EACH SUCH PUPIL WHO IS COUNTED IN THE PUPIL ENROLLMENT FOR HIS OR HER DISTRICT OF RESIDENCE, BUT IS ATTENDING A PARTICULAR PROGRAM OR SCHOOL IN ANOTHER SCHOOL DISTRICT FOR MORE THAN FIFTY PERCENT OF EACH SCHOOL DAY PURSUANT TO SECTION 2236101 (2) (a.5). THE DEPARTMENT SHALL FORWARD TO THE DISTRICT OF ATTENDANCE, ON A MONTHLY BASIS, THE PROPORTIONAL AMOUNT OF THE AMOUNT SO WITHHELD.
SECTION 4. No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.
SECTION 5. Effective date applicability. This act shall take effect July 1, 1998, and shall apply to pupils attending programs or schools outside their school district of residence on or after said date.
SECTION 6. 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.