First Regular Session
Sixty-second General Assembly
LLS NO. 99-0187.01 Jeff Conway HOUSE BILL 99-1038
STATE OF COLORADO
BY REPRESENTATIVE King;
also SENATOR Anderson.
EDUCATION
APPROPRIATIONS
A BILL FOR AN ACT
101 CONCERNING THE CREATION OF A PROGRAM PRESENTING FINANCIAL
102 AWARDS TO EXCELLENT SCHOOLS, AND MAKING AN APPROPRIATION
103 THEREFOR.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Creates an excellent schools program to be administered by the
department of education ("department").
Requires the state board of education to annually present 10
awards of at least $10,000 each to the 10 top scoring schools in the state
on an index to be developed by the department. Provides that the index
shall include:
The degree to which the school has achieved the following
goals:
At least 80% of the school's students having scored at a
proficient level or higher on the most recent statewide
assessment tests; or an increase in one year of at least 15%
of students scoring at a proficient level or higher (if the
school started the year with only 50% or less scoring at that
level); or an increase in one year of at least 7.5% of
students scoring at a proficient level or higher (if the school
started the year with more than 50% scoring at that level);
Information relating to literacy education;
Accreditation indicators pursuant to the state board of
education's accreditation policy; and
Evidence of community satisfaction with school
performance and parental involvement.
Requires the state board of education to annually present 20
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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awards of at least $5,000 each to the schools scoring 11th through 30th
on the state index. Requires the department to give great weight to the
factors in the index based upon statewide assessment tests.
Requires that annual appropriations for the program be allocated
to the excellent schools program fund. Provides that moneys in the fund
are to be presented as awards. Prohibits any use of the fund for
administrative expenses of the department.
Authorizes the department to proportionally adjust the size of each
award if the amount in the fund is greater or less than the amount
necessary to meet the minimum awards.
Clarifies that any moneys awarded are not in lieu of funds through
the school finance act or the district's taxing authority and are to be spent
as the school's advisory accountability committee deems fit.
Authorizes the receipt of public and private moneys.
Makes an appropriation.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Part 2 of article 11 of title 22, Colorado Revised
3 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
4 read:
5 22-11-205. Excellent schools program - criteria - fund created.
6 (1) THERE IS HEREBY ESTABLISHED THE EXCELLENT SCHOOLS PROGRAM,
7 REFERRED TO IN THIS SECTION AS THE "PROGRAM", TO BE ADMINISTERED
8 BY THE DEPARTMENT. THE STATE BOARD SHALL PROMULGATE
9 REASONABLE RULES FOR THE ADMINISTRATION OF THIS SECTION AND THE
10 PROGRAM ESTABLISHED PURSUANT THERETO. SUCH RULES SHALL INCLUDE
11 BUT NEED NOT BE LIMITED TO PROCEDURES FOR APPLYING FOR THE
12 FINANCIAL AWARDS TO SCHOOLS THAT DEMONSTRATE OUTSTANDING
13 PERFORMANCE AS INDICATED BY STUDENT ACHIEVEMENT AND OTHER
14 FACTORS AS SET FORTH IN THIS SECTION.
15 (2) (a) THE STATE BOARD SHALL ANNUALLY PRESENT AN AWARD
16 PURSUANT TO THIS PARAGRAPH (a) TO EACH OF TEN SCHOOLS IN THE STATE
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1 AND SUCH AWARD TO EACH SCHOOL SHALL CONSIST OF A MINIMUM OF TEN
2 THOUSAND DOLLARS. A SCHOOL SHALL RECEIVE AN AWARD PURSUANT TO
3 THIS PARAGRAPH (a) IF ITS SCORE IS ONE OF THE TEN HIGHEST SCORES FOR
4 THAT YEAR ON AN INDEX DEVELOPED BY THE DEPARTMENT, WHICH INDEX
5 SHALL INCLUDE:
6 (I) THE DEGREE TO WHICH THE SCHOOL HAS ACHIEVED THE
7 FOLLOWING GOALS:
8 (A) AT LEAST EIGHTY PERCENT OF THE SCHOOL'S STUDENTS HAVE
9 SCORED AT A PROFICIENT LEVEL OR HIGHER ON THE MOST RECENT
10 STATEWIDE ASSESSMENT TESTS;
11 (B) AN INCREASE OF AT LEAST FIFTEEN PERCENT OVER THE COURSE
12 OF AN ACADEMIC YEAR IN THE PERCENTAGE OF THE SCHOOL'S STUDENTS
13 SCORING AT A PROFICIENT LEVEL OR HIGHER ON THE MOST RECENT
14 STATEWIDE ASSESSMENT TESTS IF THAT SCHOOL BEGAN SUCH ACADEMIC
15 YEAR WITH FIFTY PERCENT OR LESS OF ITS STUDENTS SCORING AT SUCH A
16 PROFICIENT LEVEL OR HIGHER; OR
17 (C) AN INCREASE OF AT LEAST SEVEN AND ONE-HALF PERCENT
18 OVER THE COURSE OF AN ACADEMIC YEAR IN THE PERCENTAGE OF THE
19 SCHOOL'S STUDENTS SCORING AT A PROFICIENT LEVEL OR HIGHER ON THE
20 MOST RECENT STATEWIDE ASSESSMENT TESTS IF THAT SCHOOL BEGAN
21 SUCH ACADEMIC YEAR WITH MORE THAN FIFTY PERCENT OF ITS STUDENTS
22 SCORING AT SUCH A PROFICIENT LEVEL OR HIGHER;
23 (II) DATA ON LITERACY EDUCATION AS REQUIRED BY SECTION
24 22-7-505 (1) (a) AND (1) (b);
25 (III) INFORMATION RELATING TO ALL ACCREDITATION INDICATORS
26 LISTED IN SECTION 22-11-104 (2); EXCEPT THAT THE PERCENTAGE OF
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1 STUDENTS DESCRIBED IN SECTION 22-11-104 (2) (e) SHALL REFER TO
2 STUDENTS SUCCESSFULLY COMPLETING ADVANCED PLACEMENT COURSES
3 OR OBTAINING A PASSING GRADE ON AN ADVANCED PLACEMENT EXAM;
4 AND
5 (IV) SUBSTANTIAL EVIDENCE OF COMMUNITY SATISFACTION WITH
6 THE SCHOOL'S PERFORMANCE AND PARENTAL INVOLVEMENT WITH THE
7 PERFORMANCE OF THE SCHOOL AND WITH ITS STUDENTS.
8 (b) THE STATE BOARD SHALL ANNUALLY PRESENT AN AWARD
9 PURSUANT TO THIS PARAGRAPH (b) TO EACH OF TWENTY SCHOOLS IN THE
10 STATE AND SUCH AWARD TO EACH SCHOOL SHALL CONSIST OF A MINIMUM
11 OF FIVE THOUSAND DOLLARS. A SCHOOL SHALL RECEIVE AN AWARD
12 PURSUANT TO THIS PARAGRAPH (b) IF ITS SCORE IS ONE OF THE ELEVENTH
13 THROUGH THIRTIETH HIGHEST SCORES FOR THAT YEAR ON THE INDEX
14 DEVELOPED BY THE DEPARTMENT PURSUANT TO PARAGRAPH (a) OF THIS
15 SUBSECTION (2).
16 (c) THE DEPARTMENT SHALL GIVE GREAT WEIGHT TO THE
17 MEASUREMENTS OF STUDENT ACHIEVEMENT SET FORTH IN SUBPARAGRAPH
18 (I) OF PARAGRAPH (a) OF THIS SUBSECTION (2) WHEN CREATING THE INDEX
19 REQUIRED BY PARAGRAPH (a) OF THIS SUBSECTION (2).
20 (3) (a) ANY MONEYS MADE AVAILABLE TO A SCHOOL PURSUANT TO
21 THE PROVISIONS OF THIS SECTION SHALL NOT SUPPLANT MONEYS MADE
22 AVAILABLE TO SUCH A SCHOOL PURSUANT TO ARTICLE 54 OF THIS TITLE OR
23 PURSUANT TO THE TAXING AUTHORITY OF THE DISTRICT.
24 (b) ANY MONEYS MADE AVAILABLE TO A SCHOOL PURSUANT TO
25 THE PROVISIONS OF THIS SECTION SHALL BE SPENT OR DISTRIBUTED AS THE
26 ADVISORY ACCOUNTABILITY COMMITTEE FOR THAT SCHOOL DEEMS FIT.
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1 (4) THE GENERAL ASSEMBLY SHALL MAKE ANNUAL
2 APPROPRIATIONS FROM THE GENERAL FUND TO CARRY OUT THE PURPOSES
3 OF THIS SECTION. SUCH MONEYS SHALL BE ALLOCATED TO THE EXCELLENT
4 SCHOOLS PROGRAM FUND, WHICH IS HEREBY CREATED IN THE STATE
5 TREASURY. MONEYS IN THE EXCELLENT SCHOOLS PROGRAM FUND SHALL
6 BE SUBJECT TO APPROPRIATION BY THE GENERAL ASSEMBLY TO THE
7 DEPARTMENT OF EDUCATION FOR PURPOSES OF MAKING FINANCIAL
8 AWARDS PURSUANT TO THE PROVISIONS OF THIS SECTION. ALL INTEREST
9 DERIVED FROM THE DEPOSIT AND INVESTMENT OF THIS FUND SHALL BE
10 CREDITED TO THE EXCELLENT SCHOOLS PROGRAM FUND. ANY MONEYS
11 CREDITED TO THE EXCELLENT SCHOOLS PROGRAM FUND SHALL BE USED
12 EXCLUSIVELY FOR AWARDS AND MAY NOT BE USED TO PAY THE EXPENSES
13 OF THE DEPARTMENT IN ADMINISTERING THE PROGRAM ESTABLISHED IN
14 THIS SECTION.
15 (5) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
16 CONTRARY, THE DEPARTMENT IS HEREBY AUTHORIZED TO
17 PROPORTIONALLY ADJUST THE SIZE OF THE AWARDS PRESENTED TO EACH
18 SCHOOL PURSUANT TO PARAGRAPHS (a) AND (b) OF SUBSECTION (2) OF THIS
19 SECTION IF THE TOTAL AMOUNT OF MONEYS CREDITED TO THE EXCELLENT
20 SCHOOLS PROGRAM FUND IS GREATER OR LESS THAN THE AMOUNT
21 NECESSARY TO FUND ALL AWARDS AT THEIR MINIMUM LEVELS AS
22 PROVIDED BY LAW.
23 (6) THE DEPARTMENT IS HEREBY AUTHORIZED TO RECEIVE
24 CONTRIBUTIONS FROM ANY SOURCE, PUBLIC OR PRIVATE, IN ORDER TO
25 FUND FINANCIAL AWARDS TO SCHOOLS PURSUANT TO THE PROGRAM
26 ESTABLISHED IN THIS SECTION; EXCEPT THAT NO CONTRIBUTION SHALL BE
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1 ACCEPTED IF THE CONDITIONS ATTACHED THERETO REQUIRE THE USE OR
2 EXPENDITURE THEREOF IN A MANNER CONTRARY TO LAW. ALL PUBLIC AND
3 PRIVATE CONTRIBUTIONS RECEIVED BY THE DEPARTMENT PURSUANT TO
4 THIS SUBSECTION (6) SHALL BE TRANSMITTED TO THE STATE TREASURER
5 WHO SHALL CREDIT THE SAME, IN ADDITION TO ANY APPROPRIATIONS
6 MADE BY THE GENERAL ASSEMBLY, TO THE EXCELLENT SCHOOLS PROGRAM
7 FUND.
8 SECTION 2. Appropriation. (1) In addition to any other
9 appropriation, there is hereby appropriated, out of any moneys in the
10 general fund not otherwise appropriated, to the department of education
11 for allocation to the excellent schools program fund, for the fiscal year
12 beginning July 1, 1999, the sum of two hundred thousand dollars
13 ($200,000), or so much thereof as may be necessary, for the
14 implementation of this act.
15 (2) In addition to any other appropriation, there is hereby
16 appropriated, out of any moneys in the excellent schools program fund
17 not otherwise appropriated, to the department of education, for the fiscal
18 year beginning July 1, 1999, the sum of _____ dollars ($ ), or so much
19 thereof as may be necessary, for the implementation of this act.
20 SECTION 3. Safety clause. The general assembly hereby finds,
21 determines, and declares that this act is necessary for the immediate
22 preservation of the public peace, health, and safety.