NOTE: This bill has been prepared for the signatures of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws. SENATE BILL 13-087 BY SENATOR(S) Steadman, Hodge, Lambert, Aguilar, Todd; also REPRESENTATIVE(S) Levy, Duran, Gerou, Exum, Fields, Ginal, Hamner, Kraft-Tharp, Melton, Mitsch Bush, Pettersen, Rosenthal, Schafer, Williams, Young. Concerning a supplemental appropriation to the department of education. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Appropriation to the department of education for the fiscal year beginning July 1, 2012. In Session Laws of Colorado 2012, section 2 of chapter 305, (HB 12-1335), amend Part III as follows: Section 2. Appropriation. PART III DEPARTMENT OF EDUCATION (1) MANAGEMENT AND ADMINISTRATION (A) Administration and Centrally-Appropriated Line Items State Board of Education 290,998 290,998 (2.0 FTE) General Department and Program Administration 3,782,451 1,589,218 169,232 a 2,024,001 b (12.2 FTE) (2.5 FTE) (19.9 FTE) Office of Professional Services 3,017,628 3,017,628 (I)c (25.0 FTE) Division of On-line Learning 337,334 337,334 d (3.3 FTE) Health, Life, and Dental 3,406,391 1,442,412 332,074 e 326,418 f 1,305,487 (I) Short-term Disability 51,054 19,713 5,786 e 5,237 f 20,318 (I) S.B. 04-257 Amortization Equalization Disbursement 1,082,192 376,311 104,605 e 128,732 f 472,544 (I) S.B. 06-235 Supplemental Amortization Equalization Disbursement 928,461 321,845 89,895 e 110,629 f 406,092 (I) Workers' Compensation 433,303 165,608 37,916 e 53,209 f 176,570 (I) Legal Services for 4,900 hours 378,525 214,910 148,165 (I)c 15,450 g Administrative Law Judge Services 65,353 54,073 (I)c 11,280 h Payment to Risk Management and Property Funds 78,918 78,918 83,183 83,183 Capitol Complex Leased Space 556,399 80,400 130,363 e 87,633 f 258,003 (I) Reprinting and Distributing Laws Concerning Education 35,480 35,480 i (B) Information Technology Information Technology Services 2,723,713 2,098,959 624,754 j (16.1 FTE) (6.9 FTE) Purchase of Services from Computer Center 189,795 189,795 Multiuse Network Payments 103,502 103,502 COFRS Modernization 197,914 61,100 89,496 k 47,318 l Information Technology Asset Maintenance 303,830 303,830 Disaster Recovery 19,722 19,722 (C) Assessments and Data Analyses Colorado Student Assessment Program5 28,093,332 22,243,106 n 5,850,226 m (5.0 FTE) (6.8 FTE) Federal Grant for State Assessments and Related Activities 2,247,224 2,247,224 m (5.7 FTE) Longitudinal Analyses of Student Assessment Results 8,044,511 286,311 7,758,200 (I) (3.0 FTE) Preschool to Postsecondary Education Alignment 567,685 567,685 d (3.5 FTE) Educator Effectiveness Unit Administration 424,390 424,390 (3.0 FTE) Educator Effectiveness Implementation6 8,258,981 6,426,830 o 1,832,151 (I) (5.0 FTE) (12.5 FTE) (D) State Charter School Institute State Charter School Institute Administration, Oversight, and Management 1,831,657 1,831,657 p (10.7 FTE) Institute Charter School Assistance Fund 460,000 460,000 q Other Transfers to Institute Charter Schools 2,013,615 2,013,615 r Transfer of Federal Moneys to Institute Charter Schools 5,730,000 5,730,000 r (4.5 FTE) Department Implementation of Section 22-30.5-501 et seq., C.R.S. 210,014 210,014 p (2.6 FTE) State Charter School Institute Emergency Reserve7 230,000 230,000 p 76,094,372 76,098,637 a This amount shall be from general education development program fees. b This amount shall be from departmental and statewide indirect cost recoveries. c These amounts shall be from the Educator Licensure Cash Fund created in Section 22-60.5-112 (1) (a), C.R.S., and are shown for informational purposes only because the Educator Licensure Cash Fund is continuously appropriated to the Department pursuant to Section 22-60.5-112 (1) (b) (I), C.R.S. d These amounts shall be from the State Education Fund created in Section 17 (4) (a) of Article IX of the State Constitution. Pursuant to Section 17 (3) of Article IX of the State Constitution, appropriations from the State Education Fund are not subject to the limitation on fiscal year spending set forth in Section 20 of Article X of the State Constitution. e Of these amounts, $290,717 (I) shall be from the Educator Licensure Cash Fund created in Section 22-60.5-112 (1) (a), C.R.S., and is shown for informational purposes only because the Educator Licensure Cash Fund is continuously appropriated to the Department pursuant to Section 22-60.5-112 (1) (b) (I), C.R.S.; $276,934 shall be from the State Education Fund created in Section 17 (4) (a) of Article IX of the State Constitution; $107,030 shall be from the Public School Capital Construction Assistance Fund created in Section 22-43.7-104 (1), C.R.S.; and $25,958 shall be from general education development program fees. Pursuant to Section 17 (3) of Article IX of the State Constitution, appropriations from the State Education Fund are not subject to the limitation on fiscal year spending set forth in Section 20 of Article X of the State Constitution. f Of these amounts, $324,821 is estimated to be from departmental and statewide indirect cost recoveries and $387,037 is estimated to be transferred from various appropriations to the Department of Education. g This amount shall be transferred from the Assistance to Public Schools, Grant Programs, Distributions, and Other Assistance, Capital Construction, Division of Public School Capital Construction Assistance line item. h This amount shall be transferred from the Assistance to Public Schools, Categorical Programs, District Programs Required by Statute, Special Education Programs for Children with Disabilities line item. i This amount shall be from interest and income earned on the investment of moneys in the Public School Fund that is credited to the State Public School Fund pursuant to Section 22-41-102 (3) (a), C.R.S. Pursuant to Section 22-2-112 (1) (i), C.R.S., publishing costs shall be paid out of State Public School Fund created in Section 22-54-114 (1), C.R.S. j Of this amount, $524,754 shall be transferred from various appropriations to the Department of Education and $100,000 shall be transferred from the Assistance to Public Schools, Public School Finance, State Share of Districts' Total Program Funding line item. k This amount shall be from various sources of cash funds. l This amount shall be transferred from various appropriations in the Department of Education. m These amounts from the federal grant for state assessments and related activities authorized pursuant to Title VI, Part A, Section 6113 of the federal No Child Left Behind Act of 2001 and are included for informational purposes only. The (I) notation applies to these amounts. n Of this amount, $15,885,363 shall be from the State Education Fund created in Section 17 (4) (a) of Article IX of the State Constitution and $6,357,743 shall be from the State Public School Fund created in Section 22-54-114 (1), C.R.S. Pursuant to Section 17 (3) of Article IX of the State Constitution, appropriations from the State Education Fund are not subject to the limitation on fiscal year spending set forth in Section 20 of Article X of the State Constitution. The amount appropriated from the State Public School Fund shall be from General Fund moneys transferred into the State Public School Fund pursuant to Section 24-75-201.1 (1) (d) (XI.5) (B), C.R.S. o This amount shall be from the State Education Fund created in Section 17 (4) (a) of Article IX of the State Constitution. This amount shall be from moneys transferred from the Tax Amnesty Cash Fund to the State Education Fund pursuant to Section 39-21-202 (2) (b) (II), C.R.S. p These amounts shall be transferred from the Assistance to Public Schools, Public School Finance, State Share of Districts' Total Program Funding line item. q This amount shall be from the Institute Charter School Assistance Fund created in Section 22-30.5-515.5 (1) (a), C.R.S. r These amounts shall be transferred from various line items in the Assistance to Public Schools section. (2) ASSISTANCE TO PUBLIC SCHOOLS (A) Public School Finance Administration 1,501,265 20,418 a 1,480,847 b (0.2 FTE) (17.0 FTE) State Share of Districts' Total Program Funding8 3,309,457,170 2,482,867,253 312,202,624 c 514,387,293 d Hold-harmless Full-day Kindergarten Funding 6,844,486 6,844,486 e District Per Pupil Reimbursements for Juveniles Held in Jail 100,000 100,000 a 3,317,902,921 a These amounts shall be from the Read-to-Achieve Cash Fund created in Section 22-7-908 (1), C.R.S. b This amount shall be transferred from the Assistance to Public Schools, Public School Finance, State Share of Districts' Total Program Funding line item. c This amount shall be from the General Fund Exempt Account created in Section 24-77-103.6 (2), C.R.S. d Of this amount, $324,464,882 shall be from the State Education Fund created in Section 17 (4) (a) of Article IX of the State Constitution, and $189,922,411 shall be from the State Public School Fund created in Section 22-54-114 (1), C.R.S. Pursuant to Section 17 (3) of Article IX of the State Constitution, appropriations from the State Education Fund are not subject to the limitation on fiscal year spending set forth in Section 20 of Article X of the State Constitution. Of the amount appropriated from the State Public School Fund, $75,606,535 is estimated to be from reserves in the State Public School Fund, $69,824,000 is estimated to be from federal mineral leasing revenues transferred to the State Public School Fund pursuant to Sections 22-54-114 (1) and 34-63-102, C.R.S., $36,000,000 is estimated to be from public school lands revenues made available pursuant to Sections 8 through 10 of S.B. 11-230, and $8,491,876 shall be from interest and income earned on the investment of moneys in the Public School Fund that is credited to the State Public School Fund pursuant to Section 22-41-102 (3) (a), C.R.S. e This amount shall be from the State Education Fund created in Section 17 (4) (a) of Article IX of the State Constitution. Pursuant to Section 17 (3) of Article IX of the State Constitution, appropriations from the State Education Fund are not subject to the limitation on fiscal year spending set forth in Section 20 of Article X of the State Constitution. (B) Categorical Programs (1) District Programs Required by Statute Special Education Programs for Children with Disabilities 293,472,248 71,572,347 63,069,594 a 101,812 b 158,728,495 (I)c (1.0 FTE) (63.5 FTE) English Language Proficiency Program 25,751,974 3,101,598 11,358,657 a 11,291,719 (I)d (4.6 FTE) (2) Other Categorical Programs Public School Transportation 52,417,107 36,922,227 15,494,880 e (2.0 FTE) Transfer to the Department of Higher Education for Distribution of State Assistance for Career and Technical Education 24,218,018 17,792,850 6,425,168 a Special Education Programs for Gifted and Talented Children 9,473,606 5,500,000 3,973,606 a (0.5 FTE) Expelled and At-risk Student Services Grant Program 7,493,560 5,788,807 1,704,753 a (1.0 FTE) Small Attendance Center Aid 959,379 787,645 171,734 a Comprehensive Health Education 1,005,396 300,000 705,396 a (1.0 FTE) 414,791,288 a These amounts shall be from the State Education Fund created in Section 17 (4) (a) of Article IX of the State Constitution. Pursuant to Section 17 (3) of Article IX of the State Constitution, appropriations from the State Education Fund are not subject to the limitation on fiscal year spending set forth in Section 20 of Article X of the State Constitution. b This amount shall be from federal funds transferred from the Department of Human Services. c This amount shall be from federal funds authorized pursuant to the federal Individuals with Disabilities Education Act and is included for informational purposes only. d This amount shall be from federal funds authorized pursuant to Title III of the federal No Child Left Behind Act of 2001 and is included for informational purposes only. e Of this amount, $15,044,880 shall be from the State Education Fund created in Section 17 (4) (a) of Article IX of the State Constitution and $450,000 shall be from the Public School Transportation Fund created in Section 22-51-103 (1), C.R.S. Pursuant to Section 17 (3) of Article IX of the State Constitution, appropriations from the State Education Fund are not subject to the limitation on fiscal year spending set forth in Section 20 of Article X of the State Constitution. (C) Grant Programs, Distributions, and Other Assistance (1) Health and Nutrition Federal Nutrition Programs 156,631,328 82,327 156,549,001 (I) (0.9 FTE) (8.1 FTE) State Match for School Lunch Program 2,472,644 2,472,644 a Child Nutrition School Lunch Protection Program 850,000 850,000 b Start Smart Nutrition Program Fund 700,000 700,000 Start Smart Nutrition Program 843,495 143,495 c 700,000 c S.B. 97-101 Public School Health Services 142,073 142,073 d (1.4 FTE) (2) Capital Construction Division of Public School Capital Construction Assistance 874,831 874,831 e (9.0 FTE) Public School Capital Construction Assistance Board - Lease Payments 44,000,000 44,000,000 e Financial Assistance Priority Assessment 50,000 50,000 e State Aid for Charter School Facilities 5,000,000 5,000,000 b (3) Reading and Literacy Read-to-Achieve Grant Program 5,242,516 5,242,516 f (1.0 FTE) (4) Professional Development and Instructional Support Content Specialists 441,808 441,808 b (5.0 FTE) Office of Dropout Prevention and Student Reengagement 3,000,000 3,000,000 (I) (2.3 FTE) (5) Facility Schools Facility Schools Unit and Facility Schools Board 258,575 258,575 g (3.0 FTE) Facility School Funding 14,355,000 14,355,000 b (6) Other Assistance Appropriated Sponsored Programs 281,945,000 2,350,000 h 4,595,000 i 275,000,000 (I) 282,390,000 2,795,000 h (1.0 FTE) (6.0 FTE) (67.0 FTE) School Counselor Corps Grant Program 4,520,000 4,520,000 b (1.0 FTE) Contingency Reserve Fund 1,000,000 1,000,000 j Supplemental On-line Education Services 480,000 480,000 k Interstate Compact on Educational Opportunity for Military Children 24,061 24,061 b 522,831,331 523,276,331 a This amount shall be from interest and income earned on the investment of moneys in the Public School Fund that is credited to the State Public School Fund pursuant to Section 22-41-102 (3) (a), C.R.S. b These amounts shall be from the State Education Fund created in Section 17 (4) (a) of Article IX of the State Constitution. Pursuant to Section 17 (3) of Article IX of the State Constitution, appropriations from the State Education Fund are not subject to the limitation on fiscal year spending set forth in Section 20 of Article X of the State Constitution. c These amounts shall be from the Start Smart Nutrition Program Fund created in Section 22-82.7-105 (1), C.R.S., including $700,000 reappropriated funds from the General Fund moneys appropriated to the Start Smart Nutrition Program Fund line item in FY 2012-13 and $143,495 cash funds from fund reserves. d This amount shall be from federal Medicaid funds transferred from the Transfer to Department of Education for Public School Health Services line item in the Department of Health Care Policy and Financing. e These amounts shall be from the Public School Capital Construction Assistance Fund created in Section 22-43.7-104 (1), C.R.S. f This amount shall be from the transfer of tobacco settlement moneys to the Read-to-Achieve Cash Fund created in Section 22-7-908 (1), C.R.S., pursuant to Section 24-75-1104.5 (1) (h), C.R.S. Pursuant to Section 24-22-116 (2) (a) (I), C.R.S., tobacco litigation settlement funds are not state fiscal year spending as defined in Section 20 of Article X of the State Constitution. g This amount shall be transferred from the Assistance to Public Schools, Grant Programs, Distributions, and Other Assistance, Facility Schools, Facility School Funding line item. h Of this amount, $1,540,000 $1,985,000 shall be from various grants and donations and $810,000 shall be from fees and charges for workshops, conferences, training programs, and seminars. i This amount shall be transferred from the Division of Child Care in the Department of Human Services. j This amount shall be from school district reimbursements that are credited to the Contingency Reserve Fund created in Section 22-54-117 (1) (a), C.R.S., pursuant to Section 22-54-117 (1) (c), C.R.S. k This amount shall be from federal mineral leasing revenues transferred to the State Public School Fund pursuant to Sections 22-54-114 (1) and 34-63-102, C.R.S. 4,255,525,540 4,255,970,540 (3) LIBRARY PROGRAMS Administration 999,598 749,598 250,000 a (11.8 FTE) (2.5 FTE) Federal Library Funding 3,031,787 3,031,787 (I) (23.8 FTE) Broadband Technology Opportunities Program 1,219,460 443,274 a 776,186 (I) (4.5 FTE) Colorado Library Consortium 1,000,000 1,000,000 Colorado Virtual Library 379,796 359,796 20,000 a Colorado Talking Book Library, Building Maintenance and Utilities Expenses 70,660 70,660 Reading Services for the Blind9 350,000 350,000 b 7,051,301 a These amounts shall be from grants and donations. b This amount shall be from moneys appropriated from the Colorado Disabled Telephone Users Fund to the Department of Regulatory Agencies, to be credited to the Reading Services for the Blind Cash Fund created in Section 24-90-105.5 (5), C.R.S., pursuant to Section 40-17-104 (1), C.R.S. (4) SCHOOL FOR THE DEAF AND THE BLIND (A) School Operations Personal Services 9,121,285 (141.3 FTE) Early Intervention Services 1,165,533 (10.0 FTE) Shift Differential 83,985 Operating Expenses 417,277 Vehicle Lease Payments 26,666 Utilities 554,810 Allocation of State and Federal Categorical Program Funding 170,000 (0.4 FTE) Medicaid Reimbursements for Public School Health Services 150,000 (1.5 FTE) 11,689,556 10,159,240 1,530,316 a a Of this amount, $1,175,316 shall be transferred from the Assistance to Public Schools, Grant Programs, Distributions, and Other Assistance, Facility Schools, Facility School Funding line item, $170,000 shall be transferred from various line items in the Assistance to Public Schools, Categorical Programs section, $150,000 shall be from federal Medicaid funds transferred from the Public School Health Services line item in Other Medical Services in the Department of Health Care Policy and Financing pursuant to the S.B. 97-101 Public School Health Services program, and, $35,000 shall be transferred from federal Child Nutrition Act funds appropriated in the Assistance to Public Schools, Grant Programs, Distributions, and Other Assistance, Other Assistance, Appropriated Sponsored Programs line item. (B) Special Purpose Fees and Conferences 120,000 Outreach Services 1,025,000 (5.4 FTE) Tuition from Out-of-state Students 200,000 Grants 1,200,000 (9.0 FTE) 2,545,000 1,075,000 a 1,470,000 b a Of this amount, $755,000 shall be from fees collected from school districts, boards of cooperative services, and private entities for the purposes of outreach services, $200,000 shall be tuition payments received from other states, and $120,000 shall be from fees and charges for workshops and conferences. b This amount shall be from various federal funds transferred from the Assistance to Public Schools section. 14,234,556 TOTALS PART III (EDUCATION) $4,352,905,769 $2,645,822,290 $312,202,624 a $742,098,282 b $24,078,570 $628,704,003 c $4,353,355,034 $2,645,826,555 $742,543,282 b a This amount shall be from the General Fund Exempt Account created in Section 24-77-103.6 (2), C.R.S. b Of this amount, $3,510,583 contains an (I) notation. c Of this amount, $628,704,003 contains an (I) notation. FOOTNOTES -- The following statements are referenced to the numbered footnotes throughout section 2. 5 Department of Education, Management and Administration, Assessments and Data Analyses, Development of Science and Social Studies Assessments and Updating Existing Assessments Colorado Student Assessment Program -- It is the intent of the General Assembly that the Department use $6,357,743 of the cash funds appropriation to this line item to develop new statewide science and social studies assessments and update the alternate assessment for students with significant cognitive disabilities and the Colorado English Language Assessments to align with statewide academic standards. 6 Department of Education, Management and Administration, Assessments and Data Analyses, Educator Effectiveness Implementation -- It is the intent of the General Assembly that the cash funds appropriation to this line item from the State Education Fund remain available until the close of FY 2014-15. 7 Department of Education, Management and Administration, State Charter School Institute, State Charter School Institute Emergency Reserve -- It is the intent of the General Assembly that the appropriation to this line item be expended in the event of financial emergencies at either the State Charter School Institute or at State Charter School Institute charter schools. 8 Department of Education, Assistance to Public Schools, Public School Finance, State Share of Districts' Total Program Funding -- Pursuant to Section 22-35-108 (2) (a), C.R.S., the purpose of this footnote is to specify what portion of this appropriation is intended to be available for the Accelerating Students Through Concurrent Enrollment (ASCENT) Program for FY 2012-13. It is the intent of the General Assembly that the Department of Education be authorized to utilize up to $1,198,549 of this appropriation to fund qualified students designated as ASCENT Program participants. This amount is calculated based on an estimated 205 participants funded at a rate of $5,846.58 per FTE pursuant to Section 22-54-104 (4.7), C.R.S. 9 Department of Education, Library Programs, Reading Services for the Blind -- This appropriation is for the support of privately operated reading services for the blind, as authorized by Section 24-90-105.5, C.R.S. It is the intent of the General Assembly that $300,000 of this appropriation be used to provide access to radio and television broadcasts of locally published and produced materials and $50,000 of this appropriation be used to provide telephone access to digital transmissions of nationally published and produced materials. 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. ____________________________ ____________________________ John P. Morse Mark Ferrandino PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Cindi L. Markwell Marilyn Eddins SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ _________________________________________ John W. Hickenlooper GOVERNOR OF THE STATE OF COLORADO