Click here for Fiscal Note

Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0246.01 JAP HOUSE BILL 98­1301

STATE OF COLORADO

BY REPRESENTATIVE Hagedorn

EDUCATION

A BILL FOR AN ACT

CONCERNING CREATION OF A PILOT PROGRAM FOR PRIVATELY FUNDED EDUCATION VOUCHERS.

Bill Summary

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

Creates a pilot voucher program to be administered by a research team from one or more institutions of higher education working with one school district in the Denver metropolitan area and one school district in southern Colorado. Requires the research team to apply to the state board of education by submitting a proposal to administer the pilot voucher program. Specifies the proposal contents. Specifies that the pilot voucher program may be funded only by federal or private moneys solicited and received by the research team.

Specifies the eligibility criteria for students who participate in the pilot voucher program. Instructs the research team to distribute any moneys received for the pilot voucher program among the participating students in the form of vouchers. Allows a nonpublic school in which a participating student enrolls to redeem the voucher with the research team.

Specifies that students participating in the pilot voucher program shall be included in the participating school district's pupil enrollment count.

Requires the research team to report the success of the pilot voucher program to the department of education and to the education committees of the senate and the house of representatives.

Repeals the pilot voucher program, effective July 1, 2004.


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

SECTION 1. Title 22, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read:

ARTICLE 39

Privately Funded Education Vouchers ­

Pilot Program for Disadvantaged Students

22­39­101. Short title. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "PRIVATELY FUNDED EDUCATION VOUCHER PILOT PROGRAM".

22­39­102. Legislative declaration. THE GENERAL ASSEMBLY HEREBY FINDS THAT PROVIDING PARENTS WITH A GREATER NUMBER OF EDUCATION CHOICES FOR THEIR CHILDREN WILL IMPROVE THE QUALITY OF EDUCATION IN THE STATE. THE GENERAL ASSEMBLY ALSO FINDS THAT THE EVIDENCE IS INCOMPLETE WITH REGARD TO WHETHER NONPUBLIC SCHOOLS PROVIDE A BETTER QUALITY EDUCATION THAN PUBLIC SCHOOLS, THE EFFECT ON THE STATE PUBLIC SCHOOL SYSTEM OF ASSISTING PARENTS TO ENROLL THEIR CHILDREN IN NONPUBLIC SCHOOLS, AND WHETHER PUBLIC MONEYS WOULD BE APPROPRIATELY SPENT IN ASSISTING PARENTS TO ENROLL THEIR CHILDREN IN NONPUBLIC SCHOOLS. THE GENERAL ASSEMBLY THEREFORE ADOPTS THIS ARTICLE AS A MEASURE TO INCREASE THE PUBLIC KNOWLEDGE IN DETERMINING THE EFFECTS OF ASSISTING AND ENCOURAGING PARENTS TO ENROLL THEIR CHILDREN IN NONPUBLIC SCHOOLS.

22­39­103. Definitions. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "DENVER METROPOLITAN AREA" MEANS THE COUNTIES OF ADAMS, ARAPAHOE, BOULDER, DENVER, DOUGLAS, AND JEFFERSON.

(2)  "DEPARTMENT" MEANS THE STATE DEPARTMENT OF EDUCATION.

(3)  "ELIGIBLE STUDENT" MEANS A STUDENT WHO MEETS THE ELIGIBILITY REQUIREMENTS SPECIFIED IN SECTION 22­39­105 FOR PARTICIPATION IN THE PILOT VOUCHER PROGRAM.

(4)  "NONPUBLIC SCHOOL" MEANS ANY NONPUBLIC SCHOOL OPERATING IN THIS STATE. "NONPUBLIC SCHOOL" DOES NOT INCLUDE A CHARTER SCHOOL ESTABLISHED PURSUANT TO THE PROVISIONS OF ARTICLE 30.5 OF THIS TITLE OR A NON­PUBLIC HOME­BASED EDUCATIONAL PROGRAM OPERATED PURSUANT TO SECTION 22­33­104.5.

(5)  "PARTICIPATING SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT WORKING WITH A RESEARCH TEAM TO PROVIDE THE PILOT VOUCHER PROGRAM.

(6)  "PILOT VOUCHER PROGRAM" MEANS THE PRIVATELY FUNDED EDUCATION VOUCHER PILOT PROGRAM CREATED IN SECTION 22­39­104.

(7)  "RESEARCH TEAM" MEANS A GROUP OF PERSONS SPONSORED BY ANY PUBLIC OR PRIVATE INSTITUTION OF HIGHER EDUCATION OR COMBINATION OF PUBLIC OR PRIVATE INSTITUTIONS OF HIGHER EDUCATION THAT APPLIES TO ADMINISTER A PILOT VOUCHER PROGRAM PURSUANT TO THIS ARTICLE.

(8)  "SOUTHERN COLORADO" MEANS THE COUNTIES OF EL PASO AND PUEBLO.

(9)  "STATE BOARD" MEANS THE STATE BOARD OF EDUCATION CREATED PURSUANT TO SECTION 1 OF ARTICLE IX OF THE STATE CONSTITUTION.

22­39­104. Pilot voucher program ­ creation ­ participating school districts. (1)  THERE IS HEREBY CREATED A PRIVATELY FUNDED EDUCATION VOUCHER PILOT PROGRAM TO ENABLE ANY ELIGIBLE STUDENT WHO RESIDES IN A PARTICIPATING SCHOOL DISTRICT TO ATTEND A NONPUBLIC SCHOOL. BY JULY 1, 1999, THE STATE BOARD SHALL SELECT A RESEARCH TEAM THAT IS WORKING WITH ONE SCHOOL DISTRICT LOCATED ENTIRELY IN THE DENVER METROPOLITAN AREA AND ONE SCHOOL DISTRICT LOCATED ENTIRELY IN SOUTHERN COLORADO TO PROVIDE THE PILOT VOUCHER PROGRAM.

(2)  TO APPLY TO PARTICIPATE IN THE PILOT VOUCHER PROGRAM, A RESEARCH TEAM, WORKING WITH THE PARTICIPATING SCHOOL DISTRICTS, SHALL SUBMIT TO THE STATE BOARD A PROPOSAL FOR THE IMPLEMENTATION OF THE PILOT VOUCHER PROGRAM. IN ADDITION TO ANY INFORMATION REQUIRED BY THE DEPARTMENT, THE PROPOSAL AT A MINIMUM SHALL INCLUDE:

(a)  IDENTIFICATION OF THE SCHOOL DISTRICTS WITH WHICH THE RESEARCH TEAM WILL WORK IN IMPLEMENTING THE PILOT VOUCHER PROGRAM;

(b)  THE ESTIMATED NUMBER OF STUDENTS WHO WILL BE ELIGIBLE TO PARTICIPATE IN THE PILOT VOUCHER PROGRAM;

(c)  THE PLAN FOR SELECTING THE ELIGIBLE STUDENTS WHO WILL PARTICIPATE IN THE PILOT VOUCHER PROGRAM;

(d)  HOW THE RESEARCH TEAM PLANS TO OBTAIN FEDERAL OR PRIVATE FUNDING FOR THE PILOT VOUCHER PROGRAM AND HOW THE RESEARCH TEAM WILL DISTRIBUTE THE FUNDING RECEIVED AMONG THE ELIGIBLE STUDENTS PARTICIPATING IN THE PILOT VOUCHER PROGRAM;

(e)  HOW THE RESEARCH TEAM WILL PUBLICIZE TO STUDENTS AND PARENTS WITHIN THE PARTICIPATING SCHOOL DISTRICTS THE AVAILABILITY OF VOUCHERS UNDER THE PILOT VOUCHER PROGRAM;

(f)  THE CRITERIA AND STANDARDS THE RESEARCH TEAM WILL USE TO COMPARE THE PERFORMANCE OF ELIGIBLE STUDENTS WHO ATTEND NONPUBLIC SCHOOLS THROUGH THE PILOT VOUCHER PROGRAM AND STUDENTS ATTENDING PUBLIC SCHOOLS IN THE PARTICIPATING SCHOOL DISTRICTS; AND

(g)  ANY OTHER CRITERIA THE RESEARCH TEAM WILL USE TO MEASURE THE SUCCESS OF THE PILOT VOUCHER PROGRAM.

(3)  IN IMPLEMENTING THE PILOT VOUCHER PROGRAM, THE RESEARCH TEAM SHALL COMMUNICATE REGULARLY WITH THE STATE BOARD AND THE DEPARTMENT CONCERNING THE PROGRESS OF THE PROGRAM. IN ADDITION, THE RESEARCH TEAM SHALL SOLICIT COMMENTS AND SUGGESTIONS FROM THE DEPARTMENT AND THE STATE BOARD CONCERNING ONGOING IMPLEMENTATION OF THE PILOT VOUCHER PROGRAM.

22­39­105. Pilot voucher program ­ eligible students. (1)  ANY STUDENT IN ANY ONE OF THE GRADES ONE THROUGH TWELVE OR IN KINDERGARTEN, IF KINDERGARTEN IS OFFERED IN A PARTICIPATING SCHOOL DISTRICT, IS ELIGIBLE TO PARTICIPATE IN THE PILOT VOUCHER PROGRAM IF THE FOLLOWING APPLY:

(a)  THE STUDENT RESIDES IN THE PARTICIPATING SCHOOL DISTRICT, AS DETERMINED PURSUANT TO SECTION 22­1­102; AND

(b) (I)  THE STUDENT IS ELIGIBLE FOR FREE OR REDUCED­COST LUNCH PURSUANT TO THE PROVISIONS OF THE FEDERAL "NATIONAL SCHOOL LUNCH ACT", 42 U.S.C. SEC. 1751, ET SEQ.; OR

(II)  THE STUDENT'S FAMILY IS RECEIVING ASSISTANCE UNDER THE COLORADO WORKS PROGRAM, PURSUANT TO PART 7 OF ARTICLE 2 OF TITLE 26, C.R.S.; OR

(III)  THE STUDENT'S FAMILY IS RECEIVING ASSISTANCE UNDER ANY COUNTY'S OR MUNICIPALITY'S LOCALLY FUNDED PUBLIC ASSISTANCE OR GENERAL ASSISTANCE PROGRAM; AND

(c)  THE STUDENT IS PERFORMING BELOW SATISFACTORY LEVELS, AS DETERMINED BY THE PARTICIPATING SCHOOL DISTRICT, IN AT LEAST TWO OF THE SUBJECT MATTER AREAS FOR WHICH THE PARTICIPATING SCHOOL DISTRICT HAS ADOPTED CONTENT STANDARDS PURSUANT TO SECTION 22­7­407.

(2)  STUDENT PARTICIPATION IN THE PILOT VOUCHER PROGRAM SHALL BE ON A VOLUNTARY BASIS.

22­39­106. Pilot voucher program ­ funding ­ vouchers ­ nonpublic schools. (1)  EXCEPT AS AUTHORIZED UNDER THE TERMS OF ANY FEDERAL GRANT, THE RESEARCH TEAM SHALL NOT USE PUBLIC MONEYS TO FUND VOUCHERS PURSUANT TO THE PILOT VOUCHER PROGRAM. THE RESEARCH TEAM SHALL SOLICIT AND MAY RECEIVE PRIVATE GIFTS, GRANTS, OR DONATIONS TO FUND THE PILOT VOUCHER PROGRAM. IN ADDITION, THE RESEARCH TEAM MAY SOLICIT AND RECEIVE ANY FEDERAL GRANT MONEYS THAT MAY BE MADE AVAILABLE TO FUND VOUCHERS.

(2)  THE RESEARCH TEAM SHALL DISTRIBUTE ANY MONEYS RECEIVED PURSUANT TO THIS SECTION AMONG THE ELIGIBLE STUDENTS SELECTED TO PARTICIPATE IN THE PILOT VOUCHER PROGRAM. DISTRIBUTION OF MONEYS TO ELIGIBLE STUDENTS SHALL BE IN THE FORM OF VOUCHERS THAT AN ELIGIBLE STUDENT MAY USE TO COVER ALL OR PART OF THE COST OF TUITION AT A NONPUBLIC SCHOOL. UPON ENROLLING AN ELIGIBLE STUDENT WHO IS PARTICIPATING IN THE PILOT VOUCHER PROGRAM, A NONPUBLIC SCHOOL MAY REDEEM THE VOUCHER WITH THE RESEARCH TEAM FOR THE AMOUNT STATED ON THE FACE OF THE VOUCHER. THE VALUE OF THE VOUCHER MAY NOT EXCEED THE AMOUNT OF TUITION CHARGED BY THE NONPUBLIC SCHOOL IN WHICH THE ELIGIBLE STUDENT ENROLLS.

(3)  A NONPUBLIC SCHOOL SHALL NOT CHARGE AN ELIGIBLE STUDENT WHO IS PARTICIPATING IN THE PILOT VOUCHER PROGRAM TUITION IN AN AMOUNT THAT EXCEEDS THE NORMAL AMOUNT OF TUITION CHARGED OTHER STUDENTS ENROLLED IN THE NONPUBLIC SCHOOL.

(4)  A NONPUBLIC SCHOOL THAT ENROLLS ELIGIBLE STUDENTS WHO PARTICIPATE IN THE PILOT VOUCHER PROGRAM MAY ACCEPT MONEYS PURSUANT TO THIS ARTICLE AND SHALL NOT BE SUBJECT TO REGULATION BY ANY SCHOOL DISTRICT OR BY THE STATE BOARD AS A RESULT OF ACCEPTING SAID MONEYS.

22­39­107. Exclusion of eligible students participating in the pilot voucher program from the district pupil enrollment. FOR PURPOSES OF DETERMINING A PARTICIPATING SCHOOL DISTRICT'S PUPIL ENROLLMENT UNDER ARTICLE 54 OF THIS TITLE, FOR BUDGET YEARS BEGINNING ON OR AFTER JULY 1, 1999, ELIGIBLE STUDENTS WHO PARTICIPATE IN THE PILOT VOUCHER PROGRAM BY ENROLLING IN A NONPUBLIC SCHOOL IN THE CURRENT BUDGET YEAR SHALL BE CONSIDERED TO BE ENROLLED IN THE PARTICIPATING SCHOOL DISTRICT OF RESIDENCE.

22­39­108. Report to general assembly. (1)  ON OR BEFORE JANUARY 1, 2004, THE RESEARCH TEAM, IN COLLABORATION WITH THE PARTICIPATING SCHOOL DISTRICTS, SHALL SUBMIT A REPORT ASSESSING THE PILOT VOUCHER PROGRAM TO THE DEPARTMENT AND TO THE EDUCATION COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE. TO COMPILE THE REPORT, THE RESEARCH TEAM MAY REQUEST INFORMATION FROM NONPUBLIC SCHOOLS PARTICIPATING IN THE PILOT VOUCHER PROGRAM, BUT NOTHING IN THIS SECTION SHALL REQUIRE ANY PARTICIPATING NONPUBLIC SCHOOL TO PROVIDE SUCH INFORMATION. EACH REPORT, AT A MINIMUM, SHALL INCLUDE THE FOLLOWING:

(a)  A COMPARISON OF NONIDENTIFYING DATA DEMONSTRATING THE ACADEMIC PERFORMANCE OF STUDENTS WHO ARE PARTICIPATING IN THE PILOT VOUCHER PROGRAM AND STUDENTS WHO ATTEND PUBLIC SCHOOLS IN THE PARTICIPATING SCHOOL DISTRICTS;

(b)  RECOMMENDATIONS ON WHETHER TO MAKE THE PILOT VOUCHER PROGRAM A PERMANENT PROGRAM;

(c)  RECOMMENDATIONS ON HOW TO CHANGE THE PILOT VOUCHER PROGRAM TO MAKE IT MORE SUCCESSFUL;

(d)  RECOMMENDATIONS ON WHETHER TO EXPAND THE NUMBER OF SCHOOL DISTRICTS ELIGIBLE TO PARTICIPATE IN THE PILOT VOUCHER PROGRAM; AND

(e)  RECOMMENDATIONS ON WHETHER TO CHANGE THE STUDENT ELIGIBILITY CRITERIA FOR PARTICIPATION IN THE PILOT VOUCHER PROGRAM.

22­39­109. Repeal of article. THIS ARTICLE IS REPEALED, EFFECTIVE JULY 1, 2004.

SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.