First Regular Session
Sixty-second General Assembly
LLS NO. 99-0710.01 Jerry Barry HOUSE BILL 99-1252
STATE OF COLORADO
BY REPRESENTATIVES Hefley, Alexander, Decker, King, May,
McPherson, Sullivant;
also SENATORS Tebedo, Arnold.
EDUCATION
A BILL FOR AN ACT
101 CONCERNING THE ESTABLISHMENT OF THE COLORADO YOUTH CHALLENGE
102 CORPS PROGRAM.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Creates the "Colorado Youth Challenge Corps Program Act".
Subject to the receipt of federal moneys, authorizes the department of
military affairs to operate a residential youth challenge corps program
through the use of national guard civilian employees, facilities, and
equipment to provide alternative schools and methods of education for
at-risk youth. Defines "at-risk youth" as youth under 18 years of age who
have been or who are at risk of being suspended or expelled from school.
Specifies that the youth challenge corps program shall comply with the
criteria and conditions specified in the cooperative agreement entered into
between the chief of the national guard bureau and the state.
Requires the adjutant general, or such person's designee, to apply
for available federal moneys for the implementation and operation of the
youth challenge corps program. Directs that only federal funds may be
used to pay the salaries for employees in the program, but that state or
federal funds may be used for the payment of independent contractors.
Directs the adjutant general, or such person's designee, to accept
grants, gifts, or donations for the purpose of implementing the act.
Establishes the youth challenge corps fund.
Requires the receipt of federal funds by the department of military
affairs for the purpose of operating the youth challenge corps program.
[ ] 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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1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Article 3 of title 28, Colorado Revised Statutes, is
3 amended BY THE ADDITION OF A NEW PART to read:
4 PART 14
5 COLORADO YOUTH CHALLENGE CORPS PROGRAM
6 28-3-1401. Short title. THIS PART 14 SHALL BE KNOWN AND MAY
7 BE CITED AS THE "COLORADO YOUTH CHALLENGE CORPS PROGRAM ACT".
8 28-3-1402. Legislative declaration. (1) THE GENERAL
9 ASSEMBLY HEREBY FINDS THAT:
10 (a) THE NEED FOR ALTERNATIVE SCHOOLS AND METHODS FOR
11 EDUCATING AT-RISK OR DISRUPTIVE YOUTH IS WELL ESTABLISHED;
12 (b) THE CONGRESS OF THE UNITED STATES OF AMERICA,
13 RECOGNIZING THE NEED FOR SPECIAL PROGRAMS TO ADDRESS AT-RISK
14 YOUTH, HAS AUTHORIZED AND APPROPRIATED MONEYS FOR THE USE OF
15 NATIONAL GUARD FACILITIES AND EQUIPMENT FOR THE PROVISION OF
16 EDUCATIONAL ALTERNATIVES DESIGNED TO IMPROVE EMPLOYMENT
17 POTENTIAL AND LIFE SKILLS THROUGH NATIONAL GUARD CHALLENGE
18 PROGRAMS;
19 (c) THE DEPARTMENT OF MILITARY AFFAIRS HAS OPERATED THE
20 YOUTH CONSERVATION PROGRAM TO HELP MEET THE NEEDS OF AT-RISK
21 YOUTH WITHIN THE STATE OF COLORADO, BUT THE AUTHORITY TO
22 OPERATE A YOUTH CHALLENGE CORPS PROGRAM THROUGH THE USE OF
23 FEDERAL MONEYS AND NATIONAL GUARD PERSONNEL, FACILITIES, AND
24 EQUIPMENT WOULD SIGNIFICANTLY ENHANCE THE ABILITY OF THE
25 DEPARTMENT TO SERVE AT-RISK YOUTH;
26 (d) THE USE OF NATIONAL GUARD CIVILIAN PERSONNEL, FACILITIES,
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1 AND EQUIPMENT WOULD REDUCE THE PER-STUDENT ADMINISTRATIVE COST
2 ASSOCIATED WITH THE OPERATION OF SUCH A YOUTH CHALLENGE CORPS
3 PROGRAM; AND
4 (e) THE USE OF NATIONAL GUARD CIVILIAN PERSONNEL TO
5 IMPLEMENT A YOUTH CHALLENGE CORPS PROGRAM WOULD BENEFIT THE
6 YOUTH PARTICIPATING IN THE PROGRAM BY PROVIDING AN ALTERNATIVE
7 EDUCATIONAL OPPORTUNITY AND INCREASED EMPLOYMENT POTENTIAL
8 AND LIFE SKILLS.
9 (2) THEREFORE, THE GENERAL ASSEMBLY FINDS AND DECLARES
10 THAT IT WOULD BE BENEFICIAL TO THE PEOPLE OF THE STATE OF
11 COLORADO TO AUTHORIZE THE DEPARTMENT OF MILITARY AFFAIRS TO
12 OPERATE A YOUTH CHALLENGE CORPS PROGRAM AND TO TAKE ADVANTAGE
13 OF THE OPPORTUNITY TO USE CIVILIAN PERSONNEL, FACILITIES, AND
14 EQUIPMENT OF THE NATIONAL GUARD AND ANY FEDERAL FUNDING THAT
15 MAY BE AVAILABLE FOR SUCH A PROGRAM AS AUTHORIZED BY FEDERAL
16 LAW.
17 28-3-1403. Definitions. AS USED IN THIS PART 14:
18 (1) "AT-RISK YOUTH" MEANS YOUTH WHO ARE LESS THAN
19 NINETEEN YEARS OF AGE AND WHO HAVE BEEN SUSPENDED OR EXPELLED
20 FROM SCHOOL OR WHO ARE AT RISK OF SUSPENSION OR EXPULSION
21 BECAUSE OF HABITUAL TRUANCY OR HABITUALLY DISRUPTIVE BEHAVIOR.
22 (2) "COOPERATIVE AGREEMENT" MEANS THE AGREEMENT
23 BETWEEN THE CHIEF OF THE NATIONAL GUARD BUREAU AND THE STATE
24 THAT CONTAINS THE TERMS, CONDITIONS, AND STANDARDS UNDER WHICH
25 THE YOUTH CHALLENGE CORPS PROGRAM OPERATES WITHIN THE STATE.
26 (3) "DEPARTMENT" MEANS THE DEPARTMENT OF MILITARY
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1 AFFAIRS.
2 (4) "GENERAL EDUCATIONAL DEVELOPMENT TESTS" OR "GED"
3 MEANS THE BATTERY OF TESTS GIVEN AT AN AUTHORIZED GED TESTING
4 CENTER, WHICH TESTS ARE DESIGNED AND PUBLISHED BY THE GED
5 TESTING SERVICE OF THE AMERICAN COUNCIL ON EDUCATION TO MEASURE
6 THE MAJOR OUTCOMES AND CONCEPTS GENERALLY ASSOCIATED WITH
7 FOUR YEARS OF HIGH SCHOOL EDUCATION. EACH AUTHORIZED GED
8 TESTING CENTER SHALL HAVE A CURRENT CONTRACT WITH THE AMERICAN
9 COUNCIL ON EDUCATION AND BE AUTHORIZED BY THE COMMISSIONER OF
10 EDUCATION.
11 28-3-1404. Youth challenge corps program - authority.
12 (1) THE DEPARTMENT IS HEREBY AUTHORIZED TO OPERATE A RESIDENTIAL
13 YOUTH CHALLENGE CORPS PROGRAM THROUGH THE USE OF NATIONAL
14 GUARD CIVILIAN PERSONNEL, FACILITIES, AND EQUIPMENT FOR THE
15 PURPOSE OF PROVIDING ALTERNATIVE EDUCATION AND TRAINING FOR
16 AT-RISK YOUTH AND TO ASSIST SUCH YOUTH IN THE ATTAINMENT OF THEIR
17 HIGH SCHOOL DIPLOMAS OR GED'S AND INCREASE THEIR EMPLOYMENT
18 POTENTIAL AND LIFE SKILLS.
19 (2) (a) EACH YEAR THE OPERATION OF THE YOUTH CHALLENGE
20 CORPS PROGRAM UNDER THIS PART 14 IS CONTINGENT UPON THE RECEIPT
21 OF A FEDERAL GRANT. NO YOUTH CHALLENGE CORPS PROGRAM SHALL BE
22 OPERATED IN ANY YEAR UNLESS THE STATE RECEIVES A FEDERAL GRANT
23 FOR AT LEAST SIXTY PERCENT OF ALL PROGRAM COSTS AS DEFINED IN THE
24 COOPERATIVE AGREEMENT.
25 (b) THE ADJUTANT GENERAL OF THE DEPARTMENT OR THE
26 ADJUTANT GENERAL'S DESIGNEE IS DIRECTED TO APPLY FOR ANY FEDERAL
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1 MONEYS THAT MAY BE AVAILABLE TO THE STATE FOR THE
2 IMPLEMENTATION AND OPERATION OF A YOUTH CHALLENGE CORPS
3 PROGRAM AS DESCRIBED IN THIS PART 14.
4 (3) THE RESIDENTIAL YOUTH CHALLENGE CORPS PROGRAM
5 OPERATED PURSUANT TO THIS SECTION SHALL COMPLY WITH THE CRITERIA
6 AND CONDITIONS SPECIFIED IN THE COOPERATIVE AGREEMENT GOVERNING
7 THE PROGRAM. THE PERSONNEL SERVICES DEFINED IN THE COOPERATIVE
8 AGREEMENT MAY BE PERFORMED BY A COMBINATION OF POSITIONS THAT
9 ARE INCLUDED IN THE STATE PERSONNEL SYSTEM, POSITIONS THAT ARE
10 NOT INCLUDED IN THE STATE PERSONNEL SYSTEM, AND SERVICES TO BE
11 PERFORMED BY INDEPENDENT CONTRACTORS.
12 (4) THE SALARIES OF ALL STATE EMPLOYEES IN THE PROGRAM
13 SHALL BE PAID FOR OUT OF FEDERAL FUNDS. THE COST OF SERVICES
14 PERFORMED BY INDEPENDENT CONTRACTORS MAY BE PAID FOR OUT OF
15 STATE OR FEDERAL FUNDS.
16 28-3-1405. Youth challenge corps fund. (1) THE ADJUTANT
17 GENERAL OF THE DEPARTMENT OR THE ADJUTANT GENERAL'S DESIGNEE IS
18 DIRECTED TO SEEK ON BEHALF OF THE STATE ANY GRANTS, GIFTS, OR
19 DONATIONS FROM PRIVATE OR PUBLIC SOURCES IN ADDITION TO THE
20 FEDERAL MONEYS DESCRIBED IN SECTION 28-3-1404 (2), FROM
21 INDIVIDUALS OR FROM NONPROFIT OR FOR-PROFIT ORGANIZATIONS AND
22 ANY MONEYS FROM ANY STATE OR LOCAL DEPARTMENT OR AGENCY FOR
23 THE PURPOSE OF IMPLEMENTING THIS PART 14; EXCEPT THAT NO GRANT,
24 GIFT, OR DONATION SHALL BE ACCEPTED IF THE CONDITIONS ATTACHED TO
25 THE GRANT, GIFT, OR DONATION REQUIRE THE EXPENDITURE THEREOF IN
26 A MANNER CONTRARY TO LAW.
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1 (2) ALL PRIVATE AND PUBLIC MONEYS RECEIVED PURSUANT TO
2 THIS SECTION THROUGH GRANTS, GIFTS, DONATIONS, OR MADE AVAILABLE
3 THROUGH APPROPRIATION BY THE GENERAL ASSEMBLY FOR THE PURPOSES
4 OF THIS PART 14 SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO
5 SHALL CREDIT THE SAME TO THE YOUTH CHALLENGE CORPS FUND, WHICH
6 FUND IS HEREBY CREATED IN THE STATE TREASURY. THE MONEYS IN THE
7 YOUTH CHALLENGE CORPS FUND SHALL BE SUBJECT TO ANNUAL
8 APPROPRIATION BY THE GENERAL ASSEMBLY FOR THE DIRECT AND
9 INDIRECT COSTS ASSOCIATED WITH THE ADMINISTRATION OF THIS PART 14.
10 ALL INVESTMENT EARNINGS DERIVED FROM THE DEPOSIT AND INVESTMENT
11 OF MONEYS IN THE YOUTH CHALLENGE CORPS FUND SHALL BE CREDITED
12 TO THE FUND. ANY MONEYS NOT APPROPRIATED SHALL REMAIN IN THE
13 YOUTH CHALLENGE CORPS FUND AND SHALL NOT BE TRANSFERRED OR
14 REVERT TO THE GENERAL FUND AT THE END OF ANY FISCAL YEAR.
15 SECTION 2. Federal funds. The general assembly anticipates
16 that, for the fiscal year beginning July 1, 1999, the department of military
17 affairs will receive the sum of one million nine hundred sixty thousand
18 dollars ($1,960,000) in federal funds for the implementation of this act.
19 Although these funds are not appropriated in this act, they are noted for
20 the purpose of indicating the assumptions used relative to these funds.
21 SECTION 3. Safety clause. The general assembly hereby finds,
22 determines, and declares that this act is necessary for the immediate
23 preservation of the public peace, health, and safety.