First Regular Session
Sixty-second General Assembly
LLS NO. 99-0974.01 Jerry Barry HOUSE BILL 99-1385
STATE OF COLORADO
BY REPRESENTATIVES Hefley, Dean, May, George, Alexander,
Decker, Fairbank, Gordon, Johnson, Kaufman, Keller, Kester, King,
Larson, Leyba, McKay, Nunez, Paschall, Scott, Sinclair, Spence,
Spradley, Stengel, Swenson, Taylor, Witwer;
also SENATORS Tebedo, Chlouber, Blickensderfer, Dyer, Feeley,
Hillman, Lamborn, Sullivant, Weddig.
REENGROSSED EDUCATION
A BILL FOR AN ACT
101 CONCERNING THE AUTHORIZATION FOR A COLORADO AT-RISK YOUTH
102 [PROGRAM, AND MAKING AN APPROPRIATION IN CONNECTION
103 THEREWITH.]
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
[ ] 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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Subject to the receipt of federal and other moneys, authorizes the
department of military affairs to operate a residential at-risk 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 19 years of age who
have been or who are at risk of being suspended or expelled from school.
Specifies that the at-risk youth 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 any available moneys for the implementation and operation of the
at-risk youth program. Directs that only federal funds may be used to pay
the salaries for employees in the program.
Directs the adjutant general, or such person's designee, to seek and
accept grants, gifts, or donations for the purpose of implementing the act.
Establishes the at-risk youth challenge corps fund.
Requires the receipt of federal funds by the department of military
affairs for the purpose of operating the at-risk youth program.
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 AT-RISK YOUTH PROGRAM
6 28-3-1401. Short title. THIS PART 14 SHALL BE KNOWN AND MAY
7 BE CITED AS THE "COLORADO AT-RISK YOUTH 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; AND
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
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1 NATIONAL GUARD FACILITIES AND EQUIPMENT FOR THE PROVISION OF
2 EDUCATIONAL ALTERNATIVES DESIGNED TO IMPROVE EMPLOYMENT
3 POTENTIAL AND LIFE SKILLS THROUGH NATIONAL GUARD CHALLENGE
4 PROGRAMS.
5 (2) THEREFORE, THE GENERAL ASSEMBLY FINDS AND DECLARES
6 THAT IT WOULD BE BENEFICIAL TO THE PEOPLE OF THE STATE OF
7 COLORADO TO AUTHORIZE THE DEPARTMENT OF MILITARY AFFAIRS TO
8 OPERATE AN AT-RISK YOUTH PROGRAM AND TO TAKE ADVANTAGE OF THE
9 OPPORTUNITY TO USE CIVILIAN PERSONNEL, FACILITIES, AND EQUIPMENT
10 OF THE NATIONAL GUARD AND ANY FUNDING THAT MAY BE AVAILABLE FOR
11 SUCH A PROGRAM AS AUTHORIZED BY FEDERAL LAW.
12 28-3-1403. Definitions. AS USED IN THIS PART 14:
13 (1) "AT-RISK YOUTH" MEANS YOUTH WHO ARE LESS THAN
14 NINETEEN YEARS OF AGE AND WHO HAVE BEEN SUSPENDED OR EXPELLED
15 FROM SCHOOL OR WHO ARE AT RISK OF SUSPENSION OR EXPULSION
16 BECAUSE OF HABITUAL TRUANCY OR HABITUALLY DISRUPTIVE BEHAVIOR.
17 (2) "COOPERATIVE AGREEMENT" MEANS THE AGREEMENT BETWEEN
18 THE CHIEF OF THE NATIONAL GUARD BUREAU AND THE STATE THAT
19 CONTAINS THE TERMS, CONDITIONS, AND STANDARDS UNDER WHICH THE
20 AT-RISK YOUTH PROGRAM OPERATES WITHIN THE STATE.
21 (3) "DEPARTMENT" MEANS THE DEPARTMENT OF MILITARY
22 AFFAIRS.
23 28-3-1404. At-risk youth program - authority. (1) THE
24 DEPARTMENT IS HEREBY AUTHORIZED TO OPERATE A RESIDENTIAL AT-RISK
25 YOUTH PROGRAM THROUGH THE USE OF NATIONAL GUARD CIVILIAN
26 PERSONNEL, FACILITIES, AND EQUIPMENT FOR THE PURPOSE OF PROVIDING
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1 ALTERNATIVE EDUCATION AND TRAINING FOR AT-RISK YOUTH AND TO
2 ASSIST SUCH YOUTH IN THE ATTAINMENT OF THEIR HIGH SCHOOL DIPLOMAS
3 OR THE EQUIVALENT AND INCREASE THEIR EMPLOYMENT POTENTIAL AND
4 LIFE SKILLS.
5 (2) (a) EACH YEAR THE OPERATION OF THE AT-RISK YOUTH
6 PROGRAM UNDER THIS PART 14 IS CONTINGENT UPON THE RECEIPT OF A
7 DEPARTMENT OF DEFENSE GRANT AND NON-DEPARTMENT OF DEFENSE
8 MONEYS. NO AT-RISK YOUTH PROGRAM SHALL BE OPERATED IN ANY YEAR
9 UNLESS THE STATE RECEIVES A DEPARTMENT OF DEFENSE GRANT FOR AT
10 LEAST SIXTY PERCENT OF ALL PROGRAM COSTS AS DEFINED IN THE
11 COOPERATIVE AGREEMENT.
12 (b) (I) THE ADJUTANT GENERAL OR THE ADJUTANT GENERAL'S
13 DESIGNEE IS DIRECTED TO APPLY FOR ANY DEPARTMENT OF DEFENSE AND
14 OTHER MONEYS THAT MAY BE AVAILABLE TO THE STATE FOR THE
15 IMPLEMENTATION AND OPERATION OF AN AT-RISK YOUTH PROGRAM AS
16 DESCRIBED IN THIS PART 14.
17 (II) THE ADJUTANT GENERAL OR THE ADJUTANT GENERAL'S
18 DESIGNEE IS ALSO ENCOURAGED TO MAKE APPLICATION FOR CHARTER
19 SCHOOL STATUS FOR THE AT-RISK YOUTH PROGRAM.
20 (3) THE RESIDENTIAL AT-RISK YOUTH PROGRAM OPERATED
21 PURSUANT TO THIS SECTION SHALL COMPLY WITH THE CRITERIA AND
22 CONDITIONS SPECIFIED IN THE COOPERATIVE AGREEMENT GOVERNING THE
23 PROGRAM. THE SALARIES OF ALL PERSONNEL IN THE PROGRAM SHALL BE
24 PAID FOR OUT OF FEDERAL FUNDS.
25 28-3-1405. At-risk youth challenge corps fund. (1) THE
26 ADJUTANT GENERAL OR THE ADJUTANT GENERAL'S DESIGNEE IS DIRECTED
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1 TO SEEK ON BEHALF OF THE STATE ANY GRANTS, GIFTS, OR DONATIONS
2 FROM PRIVATE OR PUBLIC SOURCES IN ADDITION TO THE FEDERAL MONEYS
3 DESCRIBED IN SECTION 28-3-1404 (2), FROM INDIVIDUALS OR FROM
4 NONPROFIT OR FOR-PROFIT ORGANIZATIONS AND ANY MONEYS FROM ANY
5 STATE OR LOCAL DEPARTMENT OR AGENCY FOR THE PURPOSE OF
6 IMPLEMENTING THIS PART 14; EXCEPT THAT NO GRANT, GIFT, OR DONATION
7 SHALL BE ACCEPTED IF THE CONDITIONS ATTACHED TO THE GRANT, GIFT,
8 OR DONATION REQUIRE THE EXPENDITURE THEREOF IN A MANNER
9 CONTRARY TO [LAW EXCEPT THAT NO GRANT OR DONATION SHALL BE
10 SOLICITED OR ACCEPTED IF IT IS DERIVED FROM ANY STATE OR LOCAL
11 GOVERNMENT TAX REVENUES AND EXCEPT THAT NO GRANT OR DONATION
12 SHALL BE SOLICITED OR ACCEPTED FROM THE YOUTH CRIME PREVENTION
13 AND INTERVENTION PROGRAM ESTABLISHED IN PART 28 OF ARTICLE 32 OF
14 TITLE 24, C.R.S. OR THE YOUTH MENTORING CASH FUND ESTABLISHED IN
15 SECTION 24-32-2805, C.R.S. NOTHING IN THIS SECTION SHALL PREVENT
16 THIS PROGRAM FROM APPLYING TO A SCHOOL DISTRICT TO BECOME A
17 CHARTER SCHOOL.]
18 (2) ALL PRIVATE AND PUBLIC MONEYS RECEIVED PURSUANT TO
19 THIS SECTION THROUGH GRANTS, GIFTS, DONATIONS, OR MADE AVAILABLE
20 THROUGH APPROPRIATION BY THE GENERAL ASSEMBLY FOR THE PURPOSES
21 OF THIS PART 14 SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO
22 SHALL CREDIT THE SAME TO THE AT-RISK YOUTH CHALLENGE CORPS FUND,
23 WHICH FUND IS HEREBY CREATED IN THE STATE TREASURY. THE MONEYS
24 IN THE AT-RISK YOUTH CHALLENGE CORPS FUND SHALL BE SUBJECT TO
25 ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY FOR THE DIRECT AND
26 INDIRECT COSTS ASSOCIATED WITH THE ADMINISTRATION OF THIS PART 14.
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1 ALL INVESTMENT EARNINGS DERIVED FROM THE DEPOSIT AND INVESTMENT
2 OF MONEYS IN THE AT-RISK YOUTH CHALLENGE CORPS FUND SHALL BE
3 CREDITED TO THE FUND. ANY MONEYS NOT APPROPRIATED SHALL REMAIN
4 IN THE AT-RISK YOUTH CHALLENGE CORPS FUND AND SHALL NOT BE
5 TRANSFERRED OR REVERT TO THE GENERAL FUND AT THE END OF ANY
6 FISCAL YEAR.
7 [SECTION 2. Appropriation. In addition to any other
8 appropriation, there is hereby appropriated, out of any moneys in the
9 at-risk youth challenge corps fund created in section 28-3-1405 (2),
10 Colorado Revised Statutes, not otherwise appropriated, to the department
11 of military affairs, for the fiscal year beginning July 1, 1999, the sum of
12 eight hundred forty thousand dollars ($840,000) and 56.1 FTE, or so
13 much thereof as may be necessary, for the implementation of this act.
14 Said sum shall be from gifts, grants, and donations deposited in the at-risk
15 youth challenge corps fund created in section 28-3-1405 (2), Colorado
16 Revised Statutes. Said sum shall be subject to the "(H)" notation as
17 defined in the general appropriation act. In addition to said appropriation,
18 the general assembly anticipates that, for the fiscal year beginning July 1,
19 1999, the department of military affairs will receive the sum of one
20 million nine hundred sixty thousand dollars ($1,960,000) in federal funds
21 for the implementation of this act. Although federal funds are not
22 appropriated in this act, they are noted for the purpose of indicating the
23 assumptions used relative to these funds in developing the state
24 appropriation amounts.]
25 SECTION 3. Safety clause. The general assembly hereby finds,
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1 determines, and declares that this act is necessary for the immediate
2 preservation of the public peace, health, and safety.