First Regular Session
Sixty-second General Assembly
LLS NO. 99-0704.01 Alice Ackerman SENATE BILL 99-198
STATE OF COLORADO
BY SENATOR Feeley
EDUCATION
APPROPRIATIONS
A BILL FOR AN ACT
101 CONCERNING ESTABLISHMENT OF THE OBLIGATION OF THE STATE FOR
102 FUNDING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH
103 DISABILITIES, AND MAKING AN APPROPRIATION IN CONNECTION
104 THEREWITH.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Provides that state funding of special education programs for
children with disabilities be increased so that, by the 2002-03 fiscal year,
the state will be funding not less than 80% of the total cost of providing
such programs statewide. Makes legislative findings concerning the
funding of such special education programs.
Adjusts the 1999 long bill appropriation for special education -
children with disabilities.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 22-20-114, Colorado Revised Statutes, is amended
3 BY THE ADDITION OF A NEW SUBSECTION to read:
4 22-20-114. Funding of programs. (4) (a) THE GENERAL
5 ASSEMBLY HEREBY FINDS AND DECLARES THAT:
6 (I) THE OBLIGATION OF THE STATE OF COLORADO TO PROVIDE
[ ] 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.
Page 2
1 EDUCATIONAL OPPORTUNITIES AND PROGRAMS FOR ALL CHILDREN WAS
2 RECOGNIZED IN THE PASSAGE OF THE ORIGINAL "HANDICAPPED
3 CHILDREN'S EDUCATIONAL ACT" IN 1973 AND REINFORCED BY THE
4 PASSAGE OF FEDERAL LEGISLATION IN 1977;
5 (II) A THREE-YEAR NATIONAL STUDY PUBLISHED IN 1988
6 DETERMINED THAT THE TOTAL COST OF EDUCATING A CHILD WITH A
7 DISABILITY IS ALMOST TWO AND ONE-HALF TIMES THE COST OF EDUCATING
8 A CHILD WITH NO DISABILITY;
9 (III) IN THE ORIGINAL ACT, THE STATE COMMITTED TO REIMBURSE
10 SCHOOL DISTRICTS FOR NOT LESS THAN EIGHTY PERCENT OF THE COSTS OF
11 SPECIAL EDUCATION PROGRAMS;
12 (IV) SINCE THE ADOPTION OF THE ORIGINAL ACT IN 1973, THE
13 STATE HAS REIMBURSED SCHOOL DISTRICTS AT THE EIGHTY-PERCENT RATE
14 IN ONLY ONE FISCAL YEAR, 1974-75, AND IS CURRENTLY REIMBURSING
15 DISTRICTS AT A RATE OF LESS THAN FORTY PERCENT;
16 (V) WHILE THE NUMBER OF CHILDREN RECEIVING SPECIAL
17 EDUCATION PROGRAMS HAS CONTINUED TO CLIMB, STATE FUNDING HAS
18 NOT KEPT PACE WITH THE INCREASED COSTS OF PROVIDING SUCH
19 PROGRAMS;
20 (VI) THE LACK OF ADEQUATE FUNDING FROM THE STATE AND THE
21 FEDERAL GOVERNMENT HAS REQUIRED SCHOOL DISTRICTS TO BEAR THE
22 LARGEST PORTION OF THE COSTS OF SPECIAL EDUCATION PROGRAMS FROM
23 DISTRICT GENERAL FUND MONEYS;
24 (VII) USING SCHOOL DISTRICT GENERAL FUND MONEYS TO PAY FOR
25 SPECIAL EDUCATION PROGRAMS MEANS LESS MONEY TO FUND THE
26 GENERAL EDUCATION PROGRAM OF THE DISTRICT;
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1 (VIII) TO REDUCE THE AMOUNT OF SCHOOL DISTRICT GENERAL
2 FUND MONEYS THAT MUST BE USED TO PAY THE COSTS OF SPECIAL
3 EDUCATION PROGRAMS, THE STATE SHOULD INCREASE FUNDING FOR
4 SPECIAL EDUCATION PROGRAMS OVER THE NEXT THREE FISCAL YEARS SO
5 THAT, FOR THE 2002-03 FISCAL YEAR AND FISCAL YEARS THEREAFTER, THE
6 STATE WILL FUND NOT LESS THAN EIGHTY PERCENT OF THE COSTS OF SUCH
7 PROGRAMS WHICH WAS THE ORIGINAL FUNDING COMMITMENT MADE BY
8 THE STATE IN 1973; AND
9 (IX) AN INCREASE IN STATE FUNDING FOR SPECIAL EDUCATION
10 PROGRAMS WILL BENEFIT ALL COLORADO SCHOOL CHILDREN SINCE
11 ADDITIONAL MONEYS WILL BE AVAILABLE TO SCHOOL DISTRICTS TO FUND
12 THE GENERAL EDUCATION PROGRAM.
13 (b) TO INCREASE STATE FUNDING OF THE COSTS OF SPECIAL
14 EDUCATION PROGRAMS TO AT LEAST THE EIGHTY-PERCENT RATE FOR THE
15 2002-03 FISCAL YEAR AND FISCAL YEARS THEREAFTER, THE
16 APPROPRIATION MADE TO THE DEPARTMENT FOR THE FUNDING OF SPECIAL
17 EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES SHALL BE
18 INCREASED SO THAT:
19 (I) FOR THE 1999-2000 FISCAL YEAR, THE APPROPRIATION SHALL
20 BE AN AMOUNT THAT WILL FUND NOT LESS THAN FIFTY PERCENT OF THE
21 ESTIMATED TOTAL COST OF PROVIDING SPECIAL EDUCATION PROGRAMS
22 FOR CHILDREN WITH DISABILITIES STATEWIDE;
23 (II) FOR THE 2000-01 FISCAL YEAR, THE APPROPRIATION SHALL BE
24 AN AMOUNT THAT WILL FUND NOT LESS THAN SIXTY PERCENT OF THE
25 ESTIMATED TOTAL COST OF PROVIDING SPECIAL EDUCATION PROGRAMS
26 FOR CHILDREN WITH DISABILITIES STATEWIDE;
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1 (III) FOR THE 2001-02 FISCAL YEAR, THE APPROPRIATION SHALL BE
2 AN AMOUNT THAT WILL FUND NOT LESS THAN SEVENTY PERCENT OF THE
3 ESTIMATED TOTAL COST OF PROVIDING SPECIAL EDUCATION PROGRAMS
4 FOR CHILDREN WITH DISABILITIES STATEWIDE;
5 (IV) FOR THE 2002-03 FISCAL YEAR AND FISCAL YEARS
6 THEREAFTER, THE APPROPRIATION SHALL BE IN AN AMOUNT THAT WILL
7 FUND NOT LESS THAN EIGHTY PERCENT OF THE ESTIMATED TOTAL COST OF
8 PROVIDING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH
9 DISABILITIES STATEWIDE.
10 SECTION 2. Adjustment in 1999 long bill. For the
11 implementation of this act, the general fund appropriation made in the
12 annual general appropriation act to the department of education, for
13 public school finance, special education - children with disabilities, for
14 the fiscal year beginning July 1, 1999, shall be increased by ___ dollars
15 ($ ).
16 SECTION 3. Safety clause. The general assembly hereby finds,
17 determines, and declares that this act is necessary for the immediate
18 preservation of the public peace, health, and safety.