BY REPRESENTATIVES Allen, Anderson, Dean, Entz, Epps, Gotlieb, Reeser, Tool, Udall, and S. Williams;
also SENATORS Wells, B. Alexander, Bishop, Matsunaka,
Norton, Phillips, Reeves, 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, 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) (V) FOR THE 199899 BUDGET
YEAR, THE STATEWIDE BASE PER PUPIL FUNDING SHALL BE $3,667 SUPPLEMENTED
BY $116 TO ACCOUNT FOR INFLATION.
SECTION 2. The
introductory portion to 2242104 (1.3) and 2242104
(1.3) (a), Colorado Revised Statutes, are amended to read:
2242104. Limit of bonded
indebtedness. (1.3) Notwithstanding
the provisions of paragraph (a) of subsection (1) of this section,
the limit on bonded indebtedness of a school district shall be
the greater of the limit determined pursuant to paragraph (b)
of subsection (1) of this section or twentyfive percent
of the latest valuation for assessment of the taxable property
in such district, as certified by the county assessor to the board
of county commissioners, for any bonded indebtedness approved
at any election held between July 1, 1994, and July
1, 2000 JULY 1, 2005, if the commissioner
of education or the commissioner's designee certifies that for
each of the preceding three fiscal years the pupil enrollment
or the funded pupil count of the district as of October 1, whichever
is applicable, has increased:
(a) By three
TWO AND ONEHALF percent or more over each preceding year,
if the district has a pupil enrollment or funded pupil count,
whichever is applicable, of at least one thousand pupils;
SECTION 3. 2220108,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
2220108. Determination
of disability enrollment. (10) NO
SCHOOL, SCHOOL DISTRICT, OR ADMINISTRATIVE UNIT THAT RECEIVES
FUNDS UNDER ARTICLE 54 OF THIS TITLE SHALL IMPLEMENT OR ENFORCE
ANY RULE OR POLICY OF THE STATE DEPARTMENT OF EDUCATION THAT REQUIRES
OR PERMITS AN ADMINISTRATIVE UNIT TO APPOINT A PERSON TO ACT AS
AN EDUCATIONAL SURROGATE PARENT FOR THE PURPOSE OF MAKING EDUCATIONAL
DECISIONS REGARDING A CHILD'S PLACEMENT IN SPECIAL EDUCATION SERVICES
OR FOR THE PURPOSE OF CONSENTING OR REFUSING TO CONSENT TO ASSESSMENTS
PRIOR TO PLACEMENT WHEN THE CHILD'S PARENT IS UNKNOWN, UNAVAILABLE,
OR FAILS TO RESPOND AFTER REASONABLE EFFORTS.
SECTION 4. 2254104
(5) (c) (II), Colorado Revised Statutes, is amended to read:
2254104. District total
program. (5) For purposes
of the formulas used in this section:
(c) (II) (A) Except as provided
in subparagraph (IV) of this paragraph (c), for the 199697
AND 199798 budget year and budget
years thereafter YEARS, a district's
cost of living factor shall be determined by dividing the percentage
change in the district's cost of living amount from the previous
cost of living study to the current cost of living study by the
lowest percentage change in cost of living amount of all districts
in the state, dividing said amount by one thousand and rounding
to the nearest onethousandth of one percent, and adding
the result obtained to the district's cost of living factor for
the current budget year.
(B) EXCEPT AS PROVIDED IN SUBPARAGRAPH
(IV) OF THIS PARAGRAPH (c), FOR THE 199899 BUDGET YEAR AND
BUDGET YEARS THEREAFTER, A DISTRICT'S COST OF LIVING FACTOR SHALL
BE THE GREATER OF: THE DISTRICT'S COST OF LIVING FACTOR FOR THE
PRIOR BUDGET YEAR OR THE COST OF LIVING FACTOR DETERMINED BY DIVIDING
THE PERCENTAGE CHANGE IN THE DISTRICT'S COST OF LIVING AMOUNT
FROM THE PREVIOUS COST OF LIVING STUDY TO THE CURRENT COST OF
LIVING STUDY BY THE LOWEST POSITIVE PERCENTAGE CHANGE IN THE COST
OF LIVING AMOUNT OF ALL DISTRICTS IN THE STATE, DIVIDING SAID
AMOUNT BY ONE THOUSAND AND ROUNDING TO THE NEAREST ONETHOUSANDTH
OF ONE PERCENT, AND ADDING THE RESULT OBTAINED TO THE DISTRICT'S
COST OF LIVING FACTOR FOR THE PRIOR BUDGET YEAR.
(C) For purposes of this subparagraph
(II), a district's cost of living amount refers to the values
as adjusted for district labor pool areas.
SECTION 5. 2254104.3
(2.7), Colorado Revised Statutes, is amended BY THE ADDITION OF
A NEW PARAGRAPH to read:
2254104.3. Total program
for 199495 and 199596 budget years and budget years
thereafter special provisions.
(2.7) (d) (I) FOR THE 199899 BUDGET
YEAR AND BUDGET YEARS THEREAFTER, IF A DISTRICT'S TOTAL PROGRAM
IS CALCULATED PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (2.7)
AND THE DISTRICT IS CAPABLE OF RECEIVING AN INCREASE IN ITS TOTAL
PROGRAM WITHIN THE LIMITATIONS ON ITS FISCAL YEAR SPENDING FOR
THE APPLICABLE 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 TOTAL PROGRAM
FOR THE APPLICABLE BUDGET YEAR IN AN AMOUNT EQUAL TO THE LESSER
OF:
(A) THE DIFFERENCE BETWEEN THE DISTRICT'S
TOTAL PROGRAM FOR THE APPLICABLE BUDGET YEAR CALCULATED PURSUANT
TO PARAGRAPH (a) OF THIS SUBSECTION (2.7) AND THE DISTRICT'S TOTAL
PROGRAM FOR THE APPLICABLE BUDGET YEAR CALCULATED PURSUANT TO
SECTION 2254104 (2) OR (6); OR
(B) THE DIFFERENCE BETWEEN THE DISTRICT'S
TOTAL PROGRAM FOR THE APPLICABLE BUDGET YEAR CALCULATED PURSUANT
TO PARAGRAPH (a) OF THIS SUBSECTION (2.7) AND THE DISTRICT'S ALLOWABLE
FISCAL YEAR SPENDING FOR THE APPLICABLE BUDGET YEAR UNDER SECTION
20 OF ARTICLE X OF THE STATE CONSTITUTION.
(II) EACH DISTRICT ELIGIBLE FOR AN INCREASE
PURSUANT TO THIS PARAGRAPH (d) 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 OF THE APPLICABLE BUDGET YEAR AND MUST BE REVIEWED AND APPROVED
BY AN AUDITOR FOR THE DISTRICT.
SECTION 6. Repeal.
2254121, Colorado Revised Statutes, is repealed as
follows:
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 7. 227409
(3), Colorado Revised Statutes, is amended to read:
227409. Assessments.
(3) Beginning
FOR THE 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
THE GENERAL ASSEMBLY SHALL APPROPRIATE MONEYS IN THE ANNUAL GENERAL
APPROPRIATION ACT TO THE DEPARTMENT TO FUND THE COLORADO STUDENT
ASSESSMENT PROGRAM.
SECTION 8. 2254103 (7), Colorado Revised Statutes, is amended to read:
2254103. Definitions. As
used in this article, unless the context otherwise requires:
(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 IMMEDIATELY PRECEDING BUDGET YEAR; OR
(b) (c) 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 years; OR
(d) THE AVERAGE OF THE DISTRICT'S PUPIL
ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND THE DISTRICT'S PUPIL
ENROLLMENT FOR THE THREE IMMEDIATELY PRECEDING BUDGET YEARS.
SECTION 9. 2254104
(2) (a) (IV) (D), Colorado Revised Statutes, is amended to read:
2254104. District total
program. (2) (a) (IV) (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; EXCEPT THAT, FOR THE
199899 BUDGET YEAR, A DISTRICT'S "PER PUPIL FUNDING"
SHALL BE CALCULATED UNDER THIS PROVISION WITHOUT REGARD TO THE
CHANGE IN THE SIZE FACTORS MADE IN SUBPARAGRAPH (I.2) OF PARAGRAPH
(b) OF SUBSECTION (5) OF THIS SECTION AND, FOR THE 19992000
BUDGET YEAR AND BUDGET YEARS THEREAFTER, SHALL BE CALCULATED USING
THE COST OF LIVING FACTOR AND SIZE FACTOR USED IN THE CALCULATION
FOR THE 199899 BUDGET YEAR UNDER THIS SUBSUBPARAGRAPH
(D) AND THE ATRISK FACTOR CALCULATED UNDER THIS SECTION
AS IT EXISTED FOR THE 199798 BUDGET YEAR OR USING THE COST
OF LIVING, SIZE FACTOR, AND ATRISK FACTOR APPLICABLE FOR
THE BUDGET YEAR, WHICHEVER PRODUCES THE LESSER "PER PUPIL
FUNDING" AMOUNT.
SECTION 10. 2254104
(5) (b) (I), Colorado Revised Statutes, is amended, and the said
2254104 (5) (b) is further amended BY THE ADDITION
OF THE FOLLOWING NEW SUBPARAGRAPHS, to read:
2254104. District total
program. (5) (b) (I) A
district's size factor for the 199495, budget
year and budget years thereafter
199596, 199697, AND 199798 BUDGET YEARS shall
be determined in accordance with the following formula:
If the district's funded The district's
pupil count is: size
factor shall be:
Less than 276 1.5502 + (0.00376159 x
the difference between
the funded pupil count
and 276)
276 or more but less than 459 1.2430 + (0.00167869 x
the difference between
the funded pupil count
and 459)
459 or more but less than 1,027 1.1260 + (0.00020599 x
the difference between
the funded pupil count
and 1,027)
1,027 or more but less than 2,293 1.0578 + (0.00005387 x
the difference between
the funded pupil count
and 2,293)
2,293 or more but less than 5,814 1.0000 + (0.00001642 x
the difference between
the funded pupil count
and 5,814)
5,814 or more but less than 21,940 1.0000
21,940 or more but less than 32,193 1.0000 + (0.00000334 x
the difference between
the funded pupil count
and 21,940)
32,193 or more 1.0342
(I.2) (A) A DISTRICT'S SIZE FACTOR
FOR THE 199899 BUDGET YEAR SHALL BE DETERMINED IN ACCORDANCE
WITH THE FOLLOWING FORMULA:
IF THE DISTRICT'S FUNDED THE DISTRICT'S
PUPIL COUNT IS: SIZE
FACTOR SHALL BE:
LESS THAN 276 1.5502 + (0.00376159 X
THE DIFFERENCE BETWEEN THE FUNDED
PUPIL COUNT AND 276)
276 OR MORE BUT LESS THAN 459 1.2430 + (0.00167869 X
THE DIFFERENCE BETWEEN THE FUNDED
PUPIL COUNT AND 459)
459 OR MORE BUT LESS THAN 1,027 1.1260 + (0.00020599 X
THE DIFFERENCE
BETWEEN THE FUNDED PUPIL COUNT AND 1,027)
1,027 OR MORE BUT LESS THAN 2,293 1.0578 + (0.00005387 X THE DIFFERENCE
BETWEEN THE FUNDED
PUPIL COUNT AND 2,293)
2,293 OR MORE BUT LESS THAN 5,650 1.0042 + (0.00001597 X
THE DIFFERENCE
BETWEEN THE FUNDED PUPIL COUNT AND 5,650)
5,650 OR MORE BUT LESS THAN 23,211 1.0042
23,211 OR MORE BUT LESS THAN 32,193 1.0042 + (0.00000334 X
THE DIFFERENCE
BETWEEN THE FUNDED PUPIL COUNT AND
23,211)
32,193 OR MORE 1.0342
(B) FOR THE 199899 BUDGET YEAR ONLY,
FOR THE PURPOSE OF DISTRIBUTING ADDITIONAL FUNDS, NO DISTRICT
SHALL HAVE A SIZE FACTOR UNDER SUBSUBPARAGRAPH (A) OF THIS
PARAGRAPH (I.2) OF LESS THAN 1.0081; EXCEPT THAT THE DEPARTMENT
SHALL REDUCE THE MINIMUM SIZE FACTOR DOWNWARD BY THE AMOUNT OF
MONEY EQUAL TO ONE MILLION DOLLARS MINUS THE AMOUNT OF MONEY TRANSFERRED
FROM THE SECRETARY OF STATE CASH FUND TO THE STATE PUBLIC SCHOOL
FUND IN S.B. 98194 ENACTED AT THE SECOND REGULAR SESSION
OF THE SIXTYFIRST GENERAL ASSEMBLY.
(I.3) (A) A DISTRICT'S SIZE FACTOR FOR
THE 19992000 BUDGET YEAR AND BUDGET YEARS THEREAFTER SHALL
BE DETERMINED IN ACCORDANCE WITH THE FOLLOWING FORMULA:
IF THE DISTRICT'S FUNDED THE DISTRICT'S
PUPIL COUNT IS: SIZE
FACTOR SHALL BE:
LESS THAN 276 1.5502 + (0.00376159 X
THE DIFFERENCE BETWEEN THE FUNDED
PUPIL COUNT AND 276)
276 OR MORE BUT LESS THAN 459 1.2430 + (0.00167869 X
THE DIFFERENCE BETWEEN THE FUNDED
PUPIL COUNT AND 459)
459 OR MORE BUT LESS THAN 1,027 1.1260 + (0.00020599 X
THE DIFFERENCE
BETWEEN THE FUNDED PUPIL COUNT AND 1,027)
1,027 OR MORE BUT LESS THAN 2,293 1.0578 + (0.00005387 X THE DIFFERENCE
BETWEEN THE FUNDED
PUPIL COUNT AND 2,293)
2,293 OR MORE BUT LESS THAN 5,650 1.0120 + (0.00001364 X
THE DIFFERENCE
BETWEEN THE FUNDED PUPIL COUNT AND 5,650)
5,650 OR MORE BUT LESS THAN 25,546 1.0120
25,546 OR MORE BUT LESS THAN 32,193 1.0120 + (0.00000334 X
THE DIFFERENCE
BETWEEN THE FUNDED 25,546)
32,193 OR MORE 1.0342
(B) DURING THE 1998 INTERIM, THE LEGISLATIVE
COUNCIL STAFF SHALL CONDUCT A STUDY OF THE SIZE FACTORS ESTABLISHED
BY THIS SUBSECTION (I.3) AND SHALL MAKE A REPORT OF ITS FINDINGS
TO THE GENERAL ASSEMBLY NO LATER THAN JANUARY 15, 1999.
SECTION 11. 2254104
(5) (b), Colorado Revised Statutes, 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:
(b) (IV) FOR THE 199899 BUDGET YEAR AND BUDGET YEARS THEREAFTER, THE FUNDED PUPIL COUNT USED TO CALCULATE A DISTRICT'S SIZE FACTOR PURSUANT TO THIS PARAGRAPH (b) SHALL BE THE FUNDED PUPIL COUNT, AS CALCULATED PURSUANT TO SECTION 2254103 (7), REDUCED BY SIXTYFIVE PERCENT OF THE NUMBER OF PUPILS INCLUDED IN THE FUNDED PUPIL COUNT THAT ARE ENROLLED IN CHARTER SCHOOLS IN THE DISTRICT; EXCEPT THAT THE PROVISIONS OF THIS SUBPARAGRAPH (IV) SHALL ONLY APPLY TO THOSE DISTRICTS WITH A FUNDED PUPIL COUNT, AS CALCULATED PURSUANT TO SECTION 2254103 (7), OF FIVE HUNDRED OR LESS.
SECTION 12. 2254105
(1) (c), Colorado Revised Statutes, is amended to read:
2254105. Instructional
supplies and materials capital reserve and insurance reserve.
(1) (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 AND
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 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.
SECTION 13. Article
54 of title 22, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SECTION to read:
2254122. Small attendance
center aid. (1) FOR THE 199899
BUDGET YEAR AND BUDGET YEARS THEREAFTER, A DISTRICT SHALL BE ELIGIBLE
FOR AID PURSUANT TO THIS SECTION IF:
(a) THE DISTRICT HAS MORE THAN ONE ELEMENTARY
OR SECONDARY SCHOOL ATTENDANCE CENTER; AND
(b) THE DISTRICT OPERATES ONE OR MORE
ELEMENTARY OR SECONDARY ATTENDANCE CENTERS WITH A PUPIL ENROLLMENT
OF LESS THAN TWO HUNDRED AND THAT ARE LOCATED TWENTY OR MORE MILES
FROM ANY SIMILAR SCHOOL ATTENDANCE CENTER IN THE SAME DISTRICT.
(2) A DISTRICT MEETING THE ELIGIBILITY
REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION SHALL BE ELIGIBLE
TO RECEIVE AID FOR EACH SMALL ATTENDANCE CENTER AS CALCULATED
BY: MULTIPLYING THE PUPIL ENROLLMENT OF THE SMALL ATTENDANCE
CENTER BY AN AMOUNT EQUAL TO THIRTYFIVE PERCENT OF THE DIFFERENCE
BETWEEN THE DISTRICT PER PUPIL FUNDING, AS CALCULATED PURSUANT
TO SECTION 2254104, AND THE DISTRICT PER PUPIL FUNDING,
AS CALCULATED PURSUANT TO SECTION 2254104 EXCEPT USING
THE SIZE FACTOR CALCULATED USING THE FUNDED PUPIL COUNT OF THE
SMALL ATTENDANCE CENTER; AND THEN MULTIPLYING SUCH AMOUNT BY THE
PERCENTAGE DETERMINED BY DIVIDING THE DIFFERENCE BETWEEN TWO HUNDRED
AND THE FUNDED PUPIL COUNT OF THE SMALL ATTENDANCE CENTER BY TWO
HUNDRED.
(3) THE GENERAL ASSEMBLY SHALL APPROPRIATE
ANNUALLY AN AMOUNT FOR SMALL ATTENDANCE CENTER AID TO BE DISTRIBUTED
PURSUANT TO THE FORMULA IN SUBSECTION (2) OF THIS SECTION. IN
THE EVENT THE AMOUNT OF MONEY APPROPRIATED BY THE GENERAL ASSEMBLY
IS LESS THAN THE AMOUNT OF AID AUTHORIZED BY THIS SECTION TO ALL
DISTRICTS, THE AMOUNT TO BE DISTRIBUTED TO EACH SCHOOL DISTRICT
SHALL BE IN THE SAME PROPORTION AS THE AMOUNT THAT THE APPROPRIATION
BEARS TO THE TOTAL AMOUNT OF AID FOR ALL DISTRICTS.
SECTION 14. 2254107
(2) and (3), Colorado Revised Statutes, are amended to read:
2254107. Buyout of
categorical programs. (2) When
a district receives property tax revenue from the additional levy
made pursuant to subsection (1) of this section or when a district
has elected to keep excess property tax revenue collected during
the 1992 calendar year pursuant to the provisions of section 2244103.5
(2) (b) (III) (C) or (2) (c) (III), such property tax revenue
shall be used to replace, on a pro rata basis, any categorical
program support funds which
THAT such district would otherwise be eligible to receive from
the state. The amount of categorical program support funds replaced
by property tax revenue pursuant to the provisions of this subsection
(2) shall be used to make payments of categorical program support
funds to eligible districts, and, in the event that the appropriations
for categorical programs are less than the total categorical program
support funds to which districts are entitled under applicable
provisions of law, such funds shall be applied to categorical
programs in the following order:
(a) First, transportation aid pursuant
to article 51 of this title;
(b) Second, funds pursuant to the "English
Language Proficiency Act", article 24 of this title; and
(c) THIRD, SMALL ATTENDANCE CENTER AID
PURSUANT TO SECTION 2254122; AND
(c) (d) Third
FOURTH, funds pursuant to the "Exceptional Children's Educational
Act", article 20 of this title.
(3) For purposes of this section, "categorical
program support funds which
THAT the district would otherwise be eligible to receive from
the state" means amounts which
THAT the district would have received from the state but which
THAT will be received instead from property tax revenues by reason
of this section and includes funds pursuant to the "Exceptional
Children's Educational Act", article 20 of this title, funds
pursuant to the "English Language Proficiency Act",
article 24 of this title, transportation aid pursuant to article
51 of this title, SMALL ATTENDANCE CENTER AID PURSUANT TO SECTION
2254122, and vocational education aid pursuant to
article 8 of title 23, C.R.S. Funds received by an administrative
unit under the "Exceptional Children's Educational Act",
article 20 of this title, as reimbursement for services provided
to children counted in the pupil enrollment of a district shall
be considered as funds which
THAT a district would otherwise be eligible to receive for purposes
of this subsection (3).
SECTION 15. 2228104
(2) (b) (II) and (2) (c), Colorado Revised Statutes, are amended,
and the said 2228104 (2) is further amended BY THE
ADDITION OF A NEW PARAGRAPH, to read:
2228104. Establishment
of public preschool programs. (2) In
recognition of the fact that there are thousands of children in
Colorado not presently being served who would benefit from the
state preschool program, the number of children that may participate
in the state preschool program shall be increased:
(b) (II) For the 199596 budget
year through the 200001
199798 budget year, the department, in its discretion, may
establish a program under which a school district could apply
to the department for authorization to implement a fullday
kindergarten component of the district's preschool program. Of
the total number of children that may participate in the state
preschool program, no more than five hundred would be allowed
to participate in the full day kindergarten program. If a program
is established, the department shall establish criteria to use
in selecting school districts for participation in the program.
(c) To not more than 8,500 in the 199697
budget year and budget years thereafter
AND 199798 BUDGET YEARS;
(d) (I) TO NOT MORE THAN 8,850 IN
THE 199899 BUDGET YEAR AND BUDGET YEARS THEREAFTER.
(II) FOR THE 199899 BUDGET YEAR
THROUGH THE 200001 BUDGET YEAR, THE DEPARTMENT SHALL ALLOW
SCHOOL DISTRICTS TO APPLY TO THE DEPARTMENT FOR AUTHORIZATION
TO SERVE NO MORE THAN FIVE HUNDRED ELIGIBLE CHILDREN THROUGH A
FULLDAY KINDERGARTEN COMPONENT OF THE DISTRICT'S PRESCHOOL
PROGRAM. THE DEPARTMENT, USING ESTABLISHED CRITERIA, SHALL SELECT
SCHOOL DISTRICTS TO PARTICIPATE IN SUCH FULLDAY KINDERGARTEN
PROGRAMS UNTIL THE TOTAL NUMBER OF FULLDAY KINDERGARTEN
POSITIONS APPLIED FOR HAS BEEN FILLED OR THE LIMITATION OF FIVEHUNDRED
CHILDREN HAS BEEN REACHED, WHICHEVER EVENT OCCURS FIRST.
SECTION 160 2236105,
Colorado Revised Statutes, is amended to read:
2236105. Schools of choice
fund creation purpose repeal.
(1) There is hereby created
in the state treasury the schools of choice fund, which fund shall
be made up of moneys transferred thereto from the state public
school fund pursuant to section 2254114, if any, as
well as any moneys received by the department pursuant to subsection
(2) of this section. THE SCHOOLS
OF CHOICE FUND IS HEREBY ABOLISHED, EFFECTIVE JULY 31, 1998.
ANY MONEYS REMAINING IN THE FUND ON JULY 31, 1998, THAT HAVE NOT
BEEN OTHERWISE APPROPRIATED OR TRANSFERRED PURSUANT TO OTHER PROVISIONS
OF LAW SHALL BE TRANSFERRED TO THE STATE PUBLIC SCHOOL FUND.
(2) Any bequests,
gifts, and grants received by the department to be used for the
purposes of section 2236104 shall be credited to the
schools of choice fund.
(3) The moneys
in said fund are subject to annual appropriation by the general
assembly to the department for the direct and indirect costs of
implementing and administering the interdistrict schools of choice
pilot program and for the purposes set forth in sections 2236104
and 2236106.
(4) THIS SECTION IS REPEALED, EFFECTIVE
AUGUST 1, 1998.
SECTION 170 2254114
(3), Colorado Revised Statutes, is amended, and the said 2254114
is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
2254114. State public school
fund. (3) Fifty percent of
any unexpended balance of moneys appropriated by the general assembly
in the state public school fund at the end of each fiscal year
shall be transferred to the schools
of choice fund created in section 2236105 and the
remaining fifty percent shall be
transferred to the Colorado comprehensive health education fund
created in section 2225109. but
THE REMAINING FIFTY PERCENT AND any balances derived from other
sources shall remain in said state public school fund and become
available for distribution during the following fiscal year.
(4) FOR THE 199798 FISCAL YEAR AND
FISCAL YEARS THEREAFTER, THE NET AMOUNT RECOVERED BY THE DEPARTMENT
DURING THE APPLICABLE FISCAL YEAR, PURSUANT TO SCHOOL DISTRICT
AUDITS, AS OVERPAYMENTS MADE TO SCHOOL DISTRICTS THAT WOULD OTHERWISE
BE TRANSMITTED TO THE STATE TREASURER FOR DEPOSIT IN THE GENERAL
FUND SHALL INSTEAD BE TRANSMITTED TO THE STATE TREASURER FOR DEPOSIT
IN THE STATE PUBLIC SCHOOL FUND. SUCH AMOUNT SHALL BE AVAILABLE
FOR APPROPRIATION TO THE DEPARTMENT IN SUBSEQUENT FISCAL YEARS.
SECTION 180 2245103
(1) (a) (VI), Colorado Revised Statutes, is amended to read:
2245103. Funds repeal.
(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. ON THE
EFFECTIVE DATE OF THIS SUBPARAGRAPH (VI), AS AMENDED, THE CAPITAL
CONSTRUCTION ACCOUNT SHALL BE ABOLISHED, AND ANY MONEYS REMAINING
IN THE ACCOUNT SHALL BE TRANSFERRED TO THE GENERAL FUND OF THE
SCHOOL DISTRICT.
(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%. THIS SUBPARAGRAPH
(VI) IS REPEALED, EFFECTIVE JULY 1, 1998.
SECTION 190 2245103
(1) (c) (I) (E), Colorado Revised Statutes, is amended to read:
2245103. Funds.
(1) The following funds are created for each school
district for purposes specified in this article:
(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 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) Acquisition of school buses or other
equipment, the estimated unit cost of which, including any necessary
installation, is in excess of seven
hundred fifty ONE THOUSAND dollars;
SECTION 200 Repeal. 2245112.5,
Colorado Revised Statutes, is repealed as follows:
2245112.5. Sale of certificates
of participation use of proceeds. Notwithstanding
the provisions of section 2245112, all or any portion
of the proceeds received by a school district from the issuance
and sale of certificates of participation may, in the discretion
of the board of education, be deposited into the district's pension
or retirement fund.
SECTION 210 2472204
(3) (d), Colorado Revised Statutes, is amended to read:
2472204. Allowance or denial
of inspection grounds procedure appeal.
(3) (d) THE PROVISIONS OF THIS PARAGRAPH (d)
SHALL APPLY TO ALL PUBLIC SCHOOLS AND SCHOOL DISTRICTS THAT RECEIVE
FUNDS UNDER ARTICLE 54 OF TITLE 22, C.R.S. Notwithstanding the
provisions of subparagraph (VI) of paragraph (a) of this subsection
(3), under policies adopted by the local board of education, the
names, addresses, and home telephone numbers of students in any
secondary school shall be released to a recruiting officer for
any branch of the United States armed forces who requests such
information, subject to the following:
(I) Each local board of education shall
adopt one of the following policies
A POLICY to govern the release of the names, addresses, and home
telephone numbers of secondary school students to military recruiting
officers THAT PROVIDES THAT SUCH INFORMATION SHALL BE RELEASED
TO RECRUITING OFFICERS UNLESS A STUDENT SUBMITS A REQUEST, IN
WRITING, THAT SUCH INFORMATION NOT BE RELEASED.
(A) A policy that such information
shall be released to recruiting officers unless a student submits
a request, in writing, that such information not be released;
or
(B) A policy that such information
shall be released to recruiting officers, but only if a student
notifies the local board of education that such information may
be released. Under this policy, the local board shall inform
secondary students of their obligation to notify the board should
they desire that such information be released.
(II) In the
event that the local board of education fails to adopt either
of the policies in subparagraph (I) of this paragraph (d), the
policy set forth in subsubparagraph (A) of subparagraph
(I) of this paragraph (d) shall be applicable.
THE DIRECTORY INFORMATION REQUESTED BY A RECRUITING OFFICER SHALL
BE RELEASED BY THE LOCAL BOARD OF EDUCATION WITHIN NINETY DAYS
OF THE DATE OF THE REQUEST.
(III) The local board of education shall
comply with any applicable provisions of the federal "Family
Education Rights and Privacy Act of 1974" (FERPA), 20 U.S.C.
section 1232g, and the federal regulations cited thereunder relating
to the release of student information by educational institutions
that receive federal funds.
(IV) Actual DIRECT expenses incurred in
furnishing this information shall be paid for by the requesting
service AND SHALL BE REASONABLE AND CUSTOMARY.
(V) The recruiting officer shall use the
data released for the purpose of providing information to students
regarding military service and shall not use it for any other
purpose or release such data to any person or organization other
than individuals within the recruiting services of the armed forces.
SECTION 220 2421104
(3) (d), Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SUBPARAGRAPH to read:
2421104. Fees of secretary of state.
(3) (d) (VI) NOTWITHSTANDING
ANY PROVISION OF PARAGRAPH (b) OF THIS SUBSECTION (3) TO THE CONTRARY,
ON JULY 1, 1998, THE STATE TREASURER SHALL DEDUCT THREE MILLION
DOLLARS FROM THE DEPARTMENT OF STATE CASH FUND AND TRANSFER SUCH
SUM TO THE STATE PUBLIC SCHOOL FUND CREATED IN SECTION 2254114,
C.R.S.
SECTION 230 2254117
(1), Colorado Revised Statutes, is amended BY THE ADDITION OF
A NEW PARAGRAPH to read:
2254117. Contingency reserve.
(1) An amount to be determined by the general assembly
shall be appropriated annually to the state public school fund
as a contingency reserve. In deciding the amount to be appropriated
to the contingency reserve, the general assembly may take into
consideration any recommendations made by the department of education,
but nothing in this section shall be construed to obligate the
general assembly to provide supplemental assistance to all districts
determined to be in need or fully fund the total amount of such
need. The state board is authorized to approve and order payments
from such contingency reserve for supplemental assistance to districts
determined to be in need as the result of any or all of the following
circumstances:
(e) UNUSUAL FINANCIAL BURDEN CAUSED BY
INSTRUCTION OF CHILDREN WHO MOVED INTO THE DISTRICT FOLLOWING
THE PUPIL ENROLLMENT COUNT DATE. SUCH SUPPLEMENTAL ASSISTANCE
SHALL NOT EXCEED THE ADDITIONAL COST INCURRED BY THE DISTRICT
DUE TO THE INCREASE IN PUPIL ENROLLMENT. THE PROVISIONS OF THIS
PARAGRAPH (e) SHALL ONLY BE AVAILABLE TO DISTRICTS WITH A FUNDED
PUPIL COUNT OF TWO THOUSAND OR LESS.
SECTION 240 2233205
(1), Colorado Revised Statutes, as amended by Senate Bill 981,
enacted at the Second Regular Session of the Sixtyfirst
General Assembly, is amended to read:
2233205. Services for expelled
students grants criteria.
(1) (a) 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
educational services to expelled students pursuant to section
2233203 (2) and to students at risk of expulsion.
Any school district that provides educational services within
the school district pursuant to section 2233203 (2)
and any pilot school that provides educational services pursuant
to an agreement entered into pursuant to section 2233203
(2) is eligible to participate in the grant program.
(b) IN ADDITION TO SCHOOL DISTRICTS AND
PILOT SCHOOLS, THE DEPARTMENT OF MILITARY AFFAIRS MAY APPLY FOR
A GRANT PURSUANT TO THE PROVISIONS OF THIS SECTION TO ASSIST THE
DEPARTMENT WITH A PROGRAM TO PROVIDE EDUCATIONAL SERVICES TO EXPELLED
STUDENTS. THE DEPARTMENT SHALL FOLLOW APPLICATION PROCEDURES
ESTABLISHED BY THE DEPARTMENT OF EDUCATION PURSUANT TO SUBSECTION
(2) OF THIS SECTION. THE DEPARTMENT OF EDUCATION SHALL DETERMINE
WHETHER TO AWARD A GRANT TO THE DEPARTMENT OF MILITARY AFFAIRS
AND THE AMOUNT OF THE GRANT.
(c) 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.
SECTION 250 Appropriation
adjustment in 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, to the department of education shall be adjusted as follows:
(a) The general fund appropriation for
public school finance, total program, is decreased by three million
three hundred ninetyone thousand one hundred twenty dollars
($3,391,120).
(b) The general fund appropriation for
distributions, special contingency reserve, is decreased by five
hundred thousand dollars ($500,000).
(2) In addition to any other appropriation,
there is hereby appropriated, out of any moneys in the general
fund not otherwise appropriated, to the state public school fund
created in section 2254114, Colorado Revised Statutes,
for the fiscal year beginning July 1, 1997, the sum of three million
eight hundred ninetyone thousand one hundred twenty dollars
($3,891,120).
SECTION 260 Appropriations adjustments in 1998 long bill.
(1) For the implementation of this act,
appropriations made in the annual general appropriation act for
the fiscal year beginning July 1, 1998, shall be adjusted as follows:
(a) The appropriation made to the department
of education, public school finance, total program, is increased
by three million seven thousand two hundred six dollars ($3,007,206).
Said sum shall be cash funds exempt from the state public school
fund created in section 2254114, Colorado Revised
Statutes.
(b) The appropriation made to the department
of education, public school finance, special education
gifted and talented children, is increased by five hundred thousand
dollars ($500,000). Said sum shall be cash funds exempt from
the state public school fund created in section 2254114,
Colorado Revised Statutes.
(c) The appropriation made to the department
of education, expelled student services, is increased by five
hundred thousand dollars ($500,000). Said sum shall be cash funds
exempt from the state public school fund created in section 2254114,
Colorado Revised Statutes.
(2) In addition to any other appropriation,
there is hereby appropriated, out of any moneys in the state public
school fund created in section 2254114, Colorado Revised
Statutes, not otherwise appropriated, to the department of education,
for the fiscal year beginning July 1, 1998, the sum of three million
nine hundred sixtyseven thousand two hundred six dollars
($3,967,206), or so much thereof as may be necessary, for funding
the Colorado student assessment program pursuant to article 7
of title 22, Colorado Revised Statutes; except that this amount
shall be decreased by one million five hundred seventeen thousand
two hundred six dollars ($1,517,206) if H.B. 981267, enacted
at the Second Regular Session of the Sixtyfirst General
Assembly, does not become law. Said sum shall be cash funds exempt.
(3) In addition to any other appropriation,
there is hereby appropriated, out of any moneys in the state public
school fund created in section 2254114, Colorado Revised
Statutes, not otherwise appropriated, to the department of education,
for the fiscal year beginning July 1, 1998, the sum of eight hundred
thousand dollars ($800,000), or so much thereof as may be necessary,
for the implementation of section 2254122, Colorado
Revised Statutes. Said sum shall be cash funds exempt.
SECTION 270 Department of military
affairs educational services for expelled students
request for supplemental appropriation federal funds.
(1) If the department of military affairs receives
a grant from the department of education pursuant to section 2233205,
Colorado Revised Statutes, from moneys appropriated to the department
of education for expelled student services or receives payments
from school districts under agreements entered into between school
districts and the department pursuant to section 2233204,
Colorado Revised Statutes, for the provision of educational services
to expelled students, the department shall seek a supplemental
appropriation for the 199899 fiscal year to authorize the
department to expend any moneys received. Until a supplemental
appropriation request can be made, the department may seek approval
for the overexpenditure of its appropriation for the 199899
fiscal year in accordance with the provisions of section 2475111,
Colorado Revised Statutes.
(2) Any moneys received by the department
of military affairs may be used by the department to provide educational
services to expelled students through the establishment of the
national guard challenge program in the state of Colorado and
to apply for federal funds that are available to the state of
Colorado to establish such a program. If federal funds are applied
for and received by the state of Colorado to establish such a
program during the fiscal year beginning July 1, 1998, the department
of military affairs shall have the authority to spend the total
amount of federal funds received for the implementation of the
program. The amount of federal funds anticipated to be received
by the state of Colorado is two million one hundred thousand dollars
($2,100,000).
SECTION 280 Effective date. This
act shall take effect upon passage; except that section 18 of
this act shall only take effect if House Bill 981242, enacted
at the Second Regular Session of the Sixtyfirst General
Assembly, becomes law.
SECTION 290 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 Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO