C.R.S. § 22-54-104 — CO Code / Title 22 / Article 54 / Section 22-54-104
22-54-104. District total program - legislative declaration - definitions - repeal
Status: repealed

22-54-104. District total program - legislative declaration - definitions - repeal. (1) (a) For every budget year through the 2024-25 budget year, this section must be used to determine each district's total program. The district's total program is available to the district to fund the costs of providing public education, and, except as otherwise provided in section 22-54-105, the district has the discretion to determine the amounts and purposes for budgeting and expending its total program money.

(b) Notwithstanding subsection (1)(a) of this section to the contrary, if a district is an institute charter school's accounting district, then the total program determination pursuant to this section also represents the institute charter school's financial base of support, even though the institute charter school is not a school of the district. The amount of the district's state share of total program that is withheld from the district and paid to the state charter school institute pursuant to section 22-54-115 (1.3) is not available to or under the control of the district but is under the control of the institute charter school's governing board to fund the costs of providing public education to pupils enrolled in the institute charter school. The institute charter school has the discretion to determine the amounts and purposes for budgeting and expending its total program money.

(c) (I) Notwithstanding any provision of law to the contrary, for the 2025-26 budget year through the 2029-30 budget year, the department of education shall calculate each district's total program pursuant to this section for the purpose of determining each district's total program pursuant to section 22-54-103.3. The district's total program is available to the district to fund the costs of providing public education, and, except as otherwise provided in section 22-54-105, the district has the discretion to determine the amounts and purposes for budgeting and expending its district total program money.

(II) Notwithstanding subsection (1)(c)(I) of this section to the contrary, if a district is an institute charter school's accounting district, then the district total program calculation pursuant to this section also represents the institute charter school's financial base of support for public education, even though the institute charter school is not the district's school. The amount of the district's state share of total program that is withheld from the district and paid to the state charter school institute pursuant to section 22-54-115 (1.3) is not available to or under the control of the district but is available to and under the control of the institute charter school's governing board to fund the costs of providing public education to students enrolled in the institute charter school. The institute charter school has the discretion to determine the amounts and purposes for budgeting and expending its total program money.

(2) (a) (I) to (III.7) Repealed.

(III.8) (Deleted by amendment, L. 2002, p. 1734, § 3, effective June 7, 2002.)

(IV) (Renumbered as paragraph (a.5) of this subsection (2).)

(V) and (VI) Repealed.

(VII) Except as otherwise provided in this subsection (2), subsection (6) of this section, or section 22-54-104.3, a district's total program for the 2003-04 budget year through the 2006-07 budget year shall be the greater of the following:

(A) (District per pupil funding x (District funded pupil count - District online pupil enrollment)) + District at-risk funding + District online funding; or

(B) Minimum per pupil funding x District funded pupil count.

(VIII) Except as otherwise provided in this subsection (2), subsection (6) of this section, or section 22-54-104.3, a district's total program for the 2007-08 budget year and the 2008-09 budget year shall be the greater of the following:

(A) (District per pupil funding x (District funded pupil count - District online pupil enrollment)) + District at-risk funding + District online funding; or

(B) (Minimum per pupil funding x (District funded pupil count - District online pupil enrollment)) + District online funding.

(IX) Except as otherwise provided in this subsection (2), subsection (5)(g) of this section, or section 22-54-104.3, a district's total program for the 2009-10 budget year through the 2020-21 budget year is the greater of the following:

(A) (District per pupil funding x (District funded pupil count - District online pupil enrollment - District extended high school pupil enrollment)) + District at-risk funding + District online funding + District extended high school funding; or

(B) (Minimum per pupil funding x (District funded pupil count - District online pupil enrollment - District extended high school pupil enrollment)) + District online funding + District extended high school funding.

(X) Except as otherwise provided in this subsection (2) or section 22-54-104.3, a district's total program for the 2021-22 budget year and budget years thereafter is the greater of the following:

(A) (District per pupil funding x (District funded pupil count - District online pupil enrollment - District extended high school pupil enrollment)) + District at-risk funding + District English language learner funding + District online funding + District extended high school funding + District rural funding; or

(B) (Minimum per pupil funding x (District funded pupil count - District online pupil enrollment - District extended high school pupil enrollment)) + District online funding + District extended high school funding + District rural funding.

(a.5) Repealed.

(b) If the district percentage of at-risk pupils is greater than the statewide average percentage of at-risk pupils and the district's funded pupil count is greater than four hundred fifty-nine, the district's total program is the lesser of:

(I) The district's total program as calculated pursuant to paragraph (a) of this subsection (2); or

(II) (A) For the 2009-10 budget year through the 2020-21 budget year, the district's total program as calculated by: Adding the amount determined by multiplying the district's per pupil funding by four hundred fifty-nine to the amount determined by multiplying 12% of the district's per pupil funding by the district's at-risk pupils; then dividing the sum of those two amounts by four hundred fifty-nine; then multiplying the resulting amount by the district's funded pupil count minus the district's online pupil enrollment; and then adding the district's online funding.

(A.5) For the 2021-22 budget year and budget years thereafter, the district's total program as calculated by: Adding the amount determined by multiplying the district's per pupil funding by four hundred fifty-nine to the amount determined by multiplying 12% of the district's per pupil funding by the district's at-risk pupils and the amount determined by multiplying 8% of the district's per pupil funding by the district's English language learner pupils; then dividing the sum of those three amounts by four hundred fifty-nine; then multiplying the resulting amount by the district's funded pupil count minus the district's online pupil enrollment and minus the district's extended high school pupil enrollment; and then adding the district's online funding and adding the district's extended high school funding.

(B) For purposes of subsections (2)(b)(II)(A) and (2)(b)(II)(A.5) of this section only, a district's per pupil funding is calculated by establishing the district's per pupil funding in accordance with subsection (3) of this section except using the size factor for a district with a funded pupil count of four hundred fifty-nine and not the district's actual size factor.

(3) A district's per pupil funding shall be determined in accordance with the following formula:

((Statewide base per pupil funding x District personnel costs factor x District cost of living factor) + (Statewide base per pupil funding x District nonpersonnel costs factor)) x District size factor.

(3.5) Minimum per pupil funding is:

(a) For the 2003-04 budget year, $5,511;

(b) For the 2004-05 budget year through the 2006-07 budget year, the dollar amount set forth in paragraph (a) of this subsection (3.5) increased by the percentage by which the statewide base per pupil funding for that budget year, as specified in paragraph (a) of subsection (5) of this section, is increased over the statewide base per pupil funding for the 2003-04 budget year. Such amount shall be rounded to the nearest dollar.

(c) For the 2007-08 budget year, an amount equal to ninety-four and three tenths percent of the minimum per pupil funding base;

(d) (I) For the 2008-09 budget year and budget years thereafter, an amount equal to ninety-five percent of the minimum per pupil funding base.

(II) (A) As used in this subsection (3.5), for the 2008-09 budget year, "minimum per pupil funding base" means the total of the calculation specified in sub-subparagraph (B) of this subparagraph (II) for all districts for the budget year divided by the statewide funded pupil count minus the statewide online pupil enrollment, for said budget year.

(B) The following calculation shall be used for the purpose of determining the minimum per pupil funding base pursuant to this subparagraph (II):

(District per pupil funding x (District funded pupil count - District online pupil enrollment)) + District at-risk funding.

(III) (A) As used in this subsection (3.5), for the 2009-10 budget year through the 2020-21 budget year, "minimum per pupil funding base" means the total of the calculation specified in subsection (3.5)(d)(III)(B) of this section for all districts for the budget year divided by the statewide funded pupil count minus the statewide online pupil enrollment and minus the statewide extended high school pupil enrollment, for said budget year.

(B) The following calculation is used for the purpose of determining the minimum per pupil funding base pursuant to this subsection (3.5)(d)(III):

(District per pupil funding x (District funded pupil count - District online pupil enrollment - District extended high school pupil enrollment)) + District at-risk funding.

(IV) (A) As used in this subsection (3.5), for the 2021-22 budget year and budget years thereafter, "minimum per pupil funding base" means the total of the calculation specified in subsection (3.5)(d)(IV)(B) of this section for all districts for the budget year divided by the statewide funded pupil count minus the statewide online pupil enrollment and minus the statewide extended high school pupil enrollment, for the applicable budget year.

(B) The following calculation is used to determine the minimum per pupil funding base pursuant to this subsection (3.5)(d)(IV):

(District per pupil funding x (District funded pupil count - District online pupil enrollment - District extended high school pupil enrollment)) + District at-risk funding + District English language learner funding.

(4) A district's at-risk funding shall be determined in accordance with one of the following formulas:

(a) (I) If the district percentage of at-risk pupils is equal to or less than the statewide average percentage of at-risk pupils or the district's funded pupil count is equal to or less than four hundred fifty-nine, the formula shall be:

(District per pupil funding x 12%) x District at-risk pupils.

(II) Repealed.

(b) (I) If the district percentage of at-risk pupils is greater than the statewide average percentage of at-risk pupils and the district's funded pupil count is greater than four hundred fifty-nine, the formula shall be:

((District per pupil funding x 12%) x (Statewide average percentage of at-risk pupils x District pupil enrollment)) + ((District per pupil funding x District at-risk factor) x (District at-risk pupils - (Statewide average percentage of at-risk pupils x District pupil enrollment))).

(II) Repealed.

(4.3) A district's English language learner funding for the 2021-22 budget year and budget years thereafter is determined in accordance with the following formula:

(District per pupil funding x 8%) x English language learner pupils.

(4.5) A district's online funding shall be determined in accordance with the following formulas:

(a) Repealed.

(b) For the 2003-04 budget year through the 2006-07 budget year, the formula shall be:

(Minimum per pupil funding x District online pupil enrollment).

(c) (I) For the 2007-08 budget year and budget years thereafter, a district's online funding shall be:

(District online pupil enrollment x $6,135).

(II) Subject to the provisions of subparagraph (III) of this paragraph (c), for the 2008-09 budget year and budget years thereafter, the dollar amount set forth in subparagraph (I) of this paragraph (c) shall be increased by the percentage by which the statewide base per pupil funding for that budget year, as specified in paragraph (a) of subsection (5) of this section, is increased over the statewide base per pupil funding for the 2007-08 budget year, as specified in subparagraph (XIV) of paragraph (a) of subsection (5) of this section. Such amount shall be rounded to the nearest dollar.

(III) In any budget year in which the provisions of subsection (5)(g) of this section apply, the department of education shall calculate a district's reduction amount for online funding by multiplying the budget stabilization factor calculated for the applicable budget year pursuant to subsection (5)(g)(II)(A) of this section by the district's online funding calculated pursuant to subsection (4.5)(c)(II) of this section for the applicable budget year. A district's online funding for the applicable budget year shall be the greater of:

(A) The district's online funding amount calculated for the applicable budget year pursuant to subparagraph (II) of this paragraph (c) minus the district's reduction amount calculated for the applicable budget year pursuant to this subparagraph (III) for online funding; or

(B) An amount equal to the base per pupil funding amount specified in paragraph (a) of subsection (5) of this section for the applicable budget year multiplied by the district's online pupil enrollment for the applicable budget year.

(4.7) (a) For the 2024-25 budget year and budget years thereafter, a district's extended high school funding shall be determined in accordance with the following formula:

(District extended high school pupil enrollment x $6,135, or an amount determined pursuant to subsection (4)(d) of this section).

(b) (I) For the 2010-11 budget year and budget years thereafter through the 2023-24 budget year, the dollar amount set forth in subsection (4.7)(a) of this section must be increased by the percentage by which the statewide base per pupil funding for that budget year, as specified in subsection (5)(a) of this section, is increased over the statewide base per pupil funding for the 2007-08 budget year, as specified in subsection (5)(a)(XIV) of this section. The amount must be rounded to the nearest dollar.

(II) This subsection (4.7)(b) is repealed, effective July 1, 2026.

(c) Repealed.

(d) For the 2024-25 budget year and each budget year thereafter, the dollar amount set forth in subsection (4.7)(a) of this section must be increased by the percentage by which the statewide base per pupil funding for that budget year, as specified in subsection (5)(a) of this section, is increased over the statewide base per pupil funding for the 2007-08 budget year, as specified in subsection (5)(a)(XIV) of this section; except that the dollar amount that is multiplied by the number of full-time equivalent students included in the district's extended high school pupil enrollment who are the district's ASCENT program participants must not increase or exceed the dollar amount during the 2023-24 budget year. The amount must be rounded to the nearest dollar.

(4.9) (a) For the 2024-25 budget year and budget years thereafter, a district's district rural funding, if a district is eligible, is determined in accordance with the following formulas:

(I) For a small rural district, district rural funding is the greater of:

(A) (District funded pupil count x $470.75); or

(B) One hundred thousand dollars; or

(II) For a large rural district, district rural funding is the greater of:

(A) (District funded pupil count x $177.80); or

(B) One hundred thousand dollars.

(b) For the 2025-26 budget year and budget years thereafter, the dollar amounts set forth in subsection (4.9)(a) of this section are annually increased by the rate of inflation, as defined in section 22-55-102.

(5) For purposes of the formulas used in this section:

(a) (I) to (XII) Repealed.

(XIII) For the 2006-07 budget year, the statewide base per pupil funding shall be $4,863.87, which is an amount equal to $4,717.62 supplemented by $146.25 to account for inflation plus an additional one percentage point.

(XIV) For the 2007-08 budget year, the statewide base per pupil funding shall be $5,087.61, which is an amount equal to $4,863.87 supplemented by $223.74 to account for inflation plus an additional one percentage point.

(XV) For the 2008-09 budget year, the statewide base per pupil funding shall be $5,250.41, which is an amount equal to $5,087.61 supplemented by $162.80 to account for inflation plus an additional one percentage point.

(XVI) For the 2009-10 budget year, the statewide base per pupil funding shall be $5,507.68, which is an amount equal to $5,250.41 supplemented by $257.27 to account for inflation plus an additional one percentage point.

(XVII) For the 2010-11 budget year, the statewide base per pupil funding shall be $5,529.71, which is an amount equal to $5,507.68 supplemented by $22.03, to account for inflation plus an additional one percentage point.

(XVIII) For the 2011-12 budget year, the statewide base per pupil funding shall be $5,634.77, which is an amount equal to $5,529.71 supplemented by $105.06 to account for inflation.

(XIX) For the 2012-13 budget year, the statewide base per pupil funding is $5,843.26, which is an amount equal to $5,634.77 supplemented by $208.49 to account for inflation.

(XX) For the 2013-14 budget year, the statewide base per pupil funding is $5,954.28, which is an amount equal to $5,843.26, supplemented by $111.02 to account for inflation.

(XXI) For the 2014-15 budget year, the statewide base per pupil funding is $6,121, which is an amount equal to $5,954.28, supplemented by $166.72 to account for inflation.

(XXII) For the 2015-16 budget year, the statewide base per pupil funding is $6,292.39, which is an amount equal to $6,121, supplemented by $171.39 to account for inflation.

(XXIII) For the 2016-17 budget year, the statewide base per pupil funding is $6,367.90, which is an amount equal to $6,292.39, supplemented by $75.51 to account for inflation.

(XXIV) For the 2017-18 budget year, the statewide base per pupil funding is $6,546.20, which is an amount equal to $6,367.90, supplemented by $178.30 to account for inflation.

(XXV) For the 2018-19 budget year, the statewide base per pupil funding is $6,768.77, which is an amount equal to $6,546.20, supplemented by $222.57 to account for inflation.

(XXVI) For the 2019-20 budget year, the statewide base per pupil funding is $6,951.53, which is an amount equal to $6,768.77, supplemented by $182.76 to account for inflation.

(XXVII) For the 2020-21 budget year, the statewide base per pupil funding is $7,083.61, which is an amount equal to $6,951.53, supplemented by $132.08 to account for inflation.

(XXVIII) For the 2021-22 budget year, the statewide base per pupil funding is $7,225.28, which is an amount equal to $7,083.61, supplemented by $141.67 to account for inflation.

(XXIX) For the 2022-23 budget year, the statewide base per pupil funding is $7,478.16, which is an amount equal to $7,225.28, supplemented by $252.88 to account for inflation.

(XXX) For the 2023-24 budget year, the statewide base per pupil funding is $8,076.41, which is an amount equal to $7,478.16, supplemented by $598.25 to account for inflation.

(XXXI) For the 2024-25 budget year, the statewide base per pupil funding is $8,496.38, which is an amount equal to $8,076.41, supplemented by $419.97 to account for inflation.

(b) (I) to (I.4) Repealed.

(I.5) A district's size factor for the 2003-04 budget year and budget years thereafter shall be determined in accordance with the following formula:

If the district's fundedThe district's

pupil count is:size factor shall be:

Less than 2761.5457 + (0.00376159 x the difference

between the funded pupil count and 276)

276 or more but less than 4591.2385 + (0.00167869 x the difference

between the funded pupil count and 459)

459 or more but less than 1,0271.1215 + (0.00020599 x the difference

between the funded pupil count and 1,027)

1,027 or more but less than 2,2931.0533 + (0.00005387 x the difference

between the funded pupil count and 2,293)

2,293 or more but less than 3,5001.0368 + (0.00001367 x the difference

between the funded pupil count and 3,500)

3,500 or more but less than 5,0001.0297 + (0.00000473 x the difference

between the funded pupil count and 5,000)

5,000 or more1.0297

(II) (A) Except as otherwise allowed for qualified school districts pursuant to sub-subparagraph (B) of this subparagraph (II), as it existed prior to July 1, 2001, if the reorganization of any district or districts results in any district involved in the reorganization having a higher size factor than the original district or districts had for the budget year immediately preceding reorganization, the districts involved in the reorganization shall be allowed, for each budget year, the size factor the original district had prior to the reorganization or, if two or more districts reorganize into a single district, the size factor of the original district with the lowest size factor for the budget year immediately preceding reorganization. Except as otherwise allowed for qualified school districts pursuant to sub-subparagraph (B) of this subparagraph (II), as it existed prior to July 1, 2001, no district involved in the reorganization shall, for any budget year, be allowed the size factor that would otherwise be provided by this paragraph (b).

(B) Repealed.

(III) If the reorganization of any district or districts results in any district involved in the reorganization having a lower size factor than the original district or districts had for the budget year immediately preceding reorganization, the new district or districts shall be allowed a size factor determined as follows:

(A) For the first budget year following reorganization, the size factor of the original district for the budget year immediately preceding reorganization or, if two or more districts are involved in the reorganization, the weighted average size factor of the original districts for the budget year immediately preceding reorganization. For purposes of this sub-subparagraph (A), the weighted average size factor shall be the sum of the amounts calculated by multiplying the funded pupil counts of the original districts by the size factor of the original districts and dividing that sum by the total funded pupil count of the original districts.

(B) For the second budget year following reorganization, the size factor for the prior budget year minus an amount equal to one-fifth of the difference between the size factor for the prior budget year and the size factor determined pursuant to subparagraph (I) of this paragraph (b);

(C) For the third budget year following reorganization, the size factor for the prior budget year minus an amount equal to one-fourth of the difference between the size factor for the prior budget year and the size factor determined pursuant to subparagraph (I) of this paragraph (b);

(D) For the fourth budget year following reorganization, the size factor for the prior budget year minus an amount equal to one-third of the difference between the size factor for the prior budget year and the size factor determined pursuant to subparagraph (I) of this paragraph (b);

(E) For the fifth budget year following reorganization, the size factor for the prior budget year minus an amount equal to one-half of the difference between the size factor for the prior budget year and the size factor determined pursuant to subparagraph (I) of this paragraph (b);

(F) For the sixth budget year following reorganization and budget years thereafter, the size factor determined pursuant to subparagraph (I) of this paragraph (b).

(IV) The funded pupil count used to calculate a district's size factor pursuant to this subsection (5)(b) is the funded pupil count reduced by sixty-five percent of the number of pupils included in the funded pupil count that are enrolled in charter schools in the district; except that this subsection (5)(b)(IV) only applies to those districts with a funded pupil count of five hundred or fewer.

(c) (I) The cost of living factor allowed for each district pursuant to this paragraph (c) reflects the differences in the costs of housing, goods, and services among regions in which districts are located. Such factor does not reflect any annual increase in the costs of housing, goods, and services caused by inflation.

(II) (A) and (B) Repealed.

(B.1) Except as provided in subparagraph (IV) of this paragraph (c), for the 2000-01 budget year and budget years thereafter through the 2013-14 budget year, a district's cost of living factor is the district's cost of living factor for the prior budget year, but, if the percentage change in the district's cost of living amount from the previous cost of living study to the current cost of living study is greater than the percent increase in the income level used in the cost of living study, a district's cost of living factor is determined by dividing the percentage change in the district's cost of living amount from the previous cost of living study to the current cost of living study by the percent increase in the income level used in the cost of living study, dividing said amount by one thousand and rounding to the nearest one-thousandth of one percent, and adding the result obtained to the district's cost of living factor for the prior budget year.

(C) For purposes of this subparagraph (II) and subparagraph (II.5) of this paragraph (c), a district's cost of living amount refers to the values as adjusted for district labor pool areas.

(II.5) Except as provided in subparagraph (IV) of this paragraph (c), for the 2014-15 budget year and budget years thereafter, a district's cost of living factor is the district's cost of living factor for the prior budget year; except that:

(A) If the percent increase in the income level used in the cost of living study is one percent or less and if the percentage change in the district's cost of living amount from the previous cost of living study to the current cost of living study is greater than one percent, a district's cost of living factor is determined by dividing the percentage change in the district's cost of living amount from the previous cost of living study to the current cost of living study by one percent, dividing said amount by one thousand and rounding to the nearest thousandth of one percent and adding the result obtained to the district's cost of living factor for the prior budget year; or

(B) If the percent increase in the income level used in the cost of living study is more than one percent and if the percentage change in the district's cost of living amount from the previous cost of living study to the current cost of living study is greater than the percent increase in the income level used in the cost of living study, a district's cost of living factor is determined by dividing the percentage change in the district's cost of living amount from the previous cost of living study to the current cost of living study by the percent increase in the income level used in the cost of living study, dividing said amount by one thousand and rounding to the nearest thousandth of one percent and adding the result obtained to the district's cost of living factor for the prior budget year.

(III) (A) Based upon the cost of living analysis conducted pursuant to the SB 93-87 setting category study, the staff of the legislative council shall certify the cost of living factor for each district to the department of education no later than ten days following April 27, 1994. Such cost of living factors shall be effective for the 1994-95 budget year and the budget year thereafter. The cost of living factor for each district shall be certified to the department by the staff of the legislative council for each two-year period thereafter based upon a new cost of living analysis. The certification shall be made no later than April 15 of the applicable year and shall be effective for the budget year beginning on July 1 of such year and the budget year thereafter. If the income level used in a cost of living analysis does not increase above the income level used in the previous cost of living analysis, the cost of living factor for each district remains the same as the cost of living factor derived from the previous cost of living analysis.

(B) For the 2003-04 budget year and each budget year thereafter in which a new cost of living analysis is required pursuant to sub-subparagraph (A) of this subparagraph (III), the department of education shall transfer a portion of the total amount appropriated by the general assembly in the annual general appropriation bill for that budget year for assistance to public schools, public school finance, state share of districts' total program funding to the legislative council to fund the cost of living analysis required by sub-subparagraph (A) of this subparagraph (III). The amount transferred by the department shall not exceed the maximum amount specified in a footnote related to this appropriation in the annual general appropriation bill for that budget year. The remainder of the amount appropriated for assistance to public schools, public school finance, state share of districts' total program funding shall be distributed to school districts in the manner provided in section 22-54-106 (4)(c).

(IV) (A) The department of education shall promulgate rules and regulations for the assignment of a cost of living factor to any new district organized pursuant to article 30 of this title, except for new districts that are created as the result of a deconsolidation as described in section 22-30-102 (2)(a), until the cost of living factor for such district is certified by the staff of the legislative council pursuant to subparagraph (III) of this paragraph (c).

(B) The rules and regulations promulgated pursuant to this subparagraph (IV) shall be designed to provide neither an incentive nor a disincentive to the organization of new districts pursuant to article 30 of this title and shall include provisions to ensure that the cost of living factor within a new district is not reduced solely because the new district is the result of a consolidation of existing districts. Such rules and regulations shall consider the cost of living factors assigned to the districts that are affected by the organization of the new district and the circumstances of the new district based on the most recent cost of living analysis performed by the legislative council.

(C) New districts that are created as the result of a deconsolidation as described in section 22-30-102 (2)(a) shall retain the cost of living factor of the district from which they were separated until the cost of living factor for the new district is certified by the staff of the legislative council pursuant to subparagraph (III) of this paragraph (c).

(d) A district's personnel costs factor for the 1994-95 budget year and budget years thereafter shall be determined in accordance with the following formula:

If the district's fundedThe district's

pupil count is:personnel costs factor shall be:

Less than 453.50.8250 - (0.0000639 x the difference

between the funded pupil count and 453.5)

453.5 or more but less than 1,567.50.8595 - (0.0000310 x the difference

between the funded pupil count and 1,567.5)

1,567.5 or more but less than 6,6820.8850 - (0.0000050 x the difference

between the funded pupil count and 6,682)

6,682 or more but less than 30,0000.9050 - (0.0000009 x the difference

between the funded pupil count and 30,000)

30,000 or more0.9050

(e) A district's nonpersonnel costs factor for the 1994-95 budget year and budget years thereafter shall be the difference between 1.00 and the district's personnel costs factor.

(f) (I) If the district percentage of at-risk pupils is greater than the statewide average percentage of at-risk pupils and the district's funded pupil count is greater than four hundred fifty-nine but not in excess of fifty thousand, the district's at-risk factor shall be 12% plus a 0.30 percentage point for each percentage point that the district percentage of at-risk pupils exceeds the statewide average percentage of at-risk pupils; except that no district's at-risk factor shall exceed 30%.

(II) If the district percentage of at-risk pupils is greater than the statewide average percentage of at-risk pupils and the district's funded pupil count is greater than fifty thousand, the district's at-risk factor shall be 12% plus a 0.36 percentage point for each percentage point that the district percentage of at-risk pupils exceeds the statewide average percentage of at-risk pupils; except that no district's at-risk factor shall exceed 30%.

(g) Repealed.

(5.5) For the 2024-25 budget year, and each budget year thereafter, the department of education and the staff of the legislative council shall determine, based on budget projections, the amount to ensure that, for the 2024-25 budget year, the sum of total program funding for all districts, including funding for institute charter schools, is not less than nine billion seven hundred thirty-five million seven hundred sixty-seven thousand four hundred twenty-nine dollars ($9,735,767,429); except that the department of education and the staff of the legislative council shall make mid-year revisions to replace projections with actual figures, including, but not limited to, actual pupil enrollment, assessed valuations, and specific ownership tax revenue from the prior year, to determine any necessary changes in the amount of the reduction to maintain total program funding for the applicable budget year that is consistent with this subsection (5.5).

(6) (a) and (b) Repealed.

(c) The definitions contained in section 22-54-104.3 shall be applicable to this subsection (6).

(7) (a) For purposes of this section, "funded pupil count" means the district's online pupil enrollment for the applicable budget year plus the district's supplemental kindergarten enrollment for the applicable budget year plus the district's extended high school pupil enrollment for the applicable budget year plus the greater of:

(I) The district's pupil enrollment for the applicable budget year;

(II) The average of the district's pupil enrollment for the applicable budget year and the district's pupil enrollment for the immediately preceding budget year;

(III) The average of the district's pupil enrollment for the applicable budget year and the district's pupil enrollment for the two immediately preceding budget years;

(IV) The average of the district's pupil enrollment for the applicable budget year and the district's pupil enrollment for the three immediately preceding budget years; or

(V) The average of the district's pupil enrollment for the applicable budget year and the district's pupil enrollment for the four immediately preceding budget years.

(b) Notwithstanding any provision of law to the contrary, for purposes of subsection (7)(a) of this section, a district's funded pupil count includes the certified pupil enrollment and online pupil enrollment of each operating institute charter school for which the district is the accounting district, as provided pursuant to subsections (7)(c) and (7)(d) of this section. The department of education shall add the institute charter school's certified pupil enrollment and online pupil enrollment to the funded pupil count of the district prior to calculating the district's total program pursuant to this section.

(c) For purposes of subsection (7)(b) of this section, each operating institute charter school's certified pupil enrollment is the greater of:

(I) The operating institute charter school's pupil enrollment for the applicable budget year;

(II) The average of the operating institute charter school's pupil enrollment for the applicable budget year and the operating institute charter school's pupil enrollment for the immediately preceding budget year;

(III) The average of the operating institute charter school's pupil enrollment for the applicable budget year and the operating institute charter school's pupil enrollment for the two immediately preceding budget years;

(IV) The average of the operating institute charter school's pupil enrollment for the applicable budget year and the operating institute charter school's pupil enrollment for the three immediately preceding budget years; or

(V) The average of the operating institute charter school's pupil enrollment for the applicable budget year and the operating institute charter school's pupil enrollment for the four immediately preceding budget years.

(d) Notwithstanding any provision of law to the contrary, for purposes of subsection (7)(c) of this section, an operating institute charter school's pupil enrollment includes its online pupil enrollment, except for multi-district online school pupil enrollment.

(e) The general assembly finds and declares that for the purposes of section 17 of article IX of the state constitution, averaging a district's pupil enrollment for the applicable budget year and the district's pupil enrollment for the four immediately preceding budget years pursuant to this subsection (7), and averaging an operating institute charter school's pupil enrollment and online pupil enrollment pursuant to this subsection (7), is a program for accountable education reform and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.

(f) Notwithstanding any provision of law to the contrary, for the purposes of this subsection (7), a district's pupil enrollment for the applicable budget year and a district's pupil enrollment for any preceding budget year do not include a pupil who is or was enrolled in a charter school that was originally authorized by the district but was subsequently converted, on or after July 1, 2010, to an institute charter school or to a charter school of a district contiguous to the originally authorizing district.

(g) Notwithstanding any provision of this subsection (7) to the contrary, for the purposes of this subsection (7), if a district's funded pupil count calculated pursuant to this subsection (7) for a budget year is fewer than fifty pupils, the district's funded pupil count for the budget year is fifty pupils.

(h) Solely for the purpose of averaging pupil enrollment pursuant to subsection (7)(a) of this section for a district that operates a full-day kindergarten educational program, the department of education shall adjust the district's pupil enrollments for the 2018-19, 2017-18, 2016-17, and 2015-16 budget years by counting each pupil enrolled in a full-day kindergarten educational program in one of those budget years as a full-time student. The adjustment to pupil enrollment made pursuant to this subsection (7)(h) does not affect or change the funded pupil count used to calculate a district's fiscal year spending limitation pursuant to section 20 of article X of the state constitution for a budget year commencing before July 1, 2019.

(8) This section is repealed, effective July 1, 2031.
C.R.S. § 22-5-107 — CO Code / Title 22 / Article 5 / Section 22-5-107
22-5-107. Duties of board of cooperative services
Status: in_force

22-5-107. Duties of board of cooperative services. In addition to any other duty required to be performed by law, the board of cooperative services shall have the same duties as those for boards of education as set forth in section 22-32-109 (1)(a) to (1)(m), (1)(q), (1)(r), and (1)(pp) and section 22-9-106.
C.R.S. § 22-13-103 — CO Code / Title 22 / Article 13 / Part 1 / Section 22-13-103
22-13-103. School transformation grant program - created - rules - repeal
Status: repealed

22-13-103. School transformation grant program - created - rules - repeal. (1) There is created in the department the school transformation grant program to provide funding to:

(a) Assist in the design of turnaround leadership development programs and to provide funding to support training and development of school turnaround leaders for the public schools in the state;

(b) Support school districts, the institute, and charter schools in providing educator professional development and transforming instruction in public schools that are required to adopt priority improvement or turnaround plans for the immediate or preceding school year; and

(c) Assist school districts, the institute, and charter schools that are implementing priority improvement or turnaround plans in planning for and implementing one or more of the following rigorous school redesign strategies:

(I) Converting a district public school to a charter school if it is not already authorized as a charter school;

(II) Granting innovation school status to a district public school pursuant to section 22-32.5-104;

(III) With regard to a district or institute charter school, replacing the school's operator or governing board;

(IV) Contracting with a public or private entity other than the school district to partially or wholly manage a district public school, which entity is accepted by the department and the local school board as using research-based strategies and having a proven record of success working with schools under similar circumstances; or

(V) Closing a public school or revoking the charter for a district or institute charter school.

(2) The state board, in accordance with the "State Administrative Procedure Act", article 4 of title 24, shall promulgate rules to implement and administer the program. At a minimum, the rules must include:

(a) Criteria for identifying approved providers from among those that respond to the request for proposals pursuant to section 22-13-104. At a minimum, the criteria must:

(I) Consider each provider's experience in developing successful, effective leadership in low-performing schools and school districts;

(II) Consider the leadership qualities that each provider's turnaround leadership development program is expected to develop; and

(III) Ensure the availability of turnaround leadership development programs for school turnaround leaders in public schools throughout the state.

(b) and (c) Repealed.

(d) Timelines for the school transformation grant application and approval process;

(e) The requirements for a school transformation grant application, including but not limited to the goals that the applicant expects to achieve through the grant; and

(f) Criteria for selecting school transformation grant recipients. At a minimum, the criteria must take into account for applying school districts the concentration of schools of the school district, or for the institute the concentration of institute charter schools, that must implement priority improvement or turnaround plans. For applying charter schools, the criteria must prioritize schools that are implementing priority improvement or turnaround plans.

(3) (a) Notwithstanding any provision of this section to the contrary, during the 2022-23 budget year, the state board may award school transformation grants pursuant to section 22-13-105, which may continue for up to three budget years, to school districts that are accredited with improvement plan, the institute if it is accredited with improvement plan, and charter schools that are required to adopt an improvement plan.

(b) The state board shall promulgate rules as necessary to implement this subsection (3).

(c) This subsection (3) is repealed, effective July 1, 2026.
C.R.S. § 22-105-105 — CO Code / Title 22 / Article 105 / Section 22-105-105
22-105-105. Grant program eligibility - application - criteria - awards
Status: in_force

22-105-105. Grant program eligibility - application - criteria - awards. (1) (a) To be eligible to receive a grant, a community-based organization must:

(I) Be a nonprofit organization with experience in providing before- and after-school programs for children or other supplemental enrichment programming to school-aged children;

(II) Have a relationship or partnership with a local school district that operates on a four-day school week in which the nonprofit organization provides or will provide supplemental enrichment programming and supports for children and families in the school district;

(III) Serve children in preschool through high school who attend public school in a school district that operates on a four-day week; and

(IV) Serve a majority of children who qualify for free or reduced-price meals under the federal "Richard B. Russell National School Lunch Act", 42 U.S.C. sec. 1751 et seq., or whose families are at or below two hundred percent of the federal poverty level.

(b) To be eligible to receive a grant, an eligible rural school district must be operating on a four-day school week and:

(I) Have no eligible community-based organization that meets the eligibility requirements set forth in section 22-105-105 operating within the rural school district's boundaries; and

(II) Serve a majority of children who qualify for free or reduced-price meals under the federal "Richard B. Russell National School Lunch Act", 42 U.S.C. sec. 1751 et seq., or whose families are at or below two hundred percent of the federal poverty level.

(2) To receive a grant, an eligible community-based organization or eligible rural school district shall submit an application to the department in accordance with rules promulgated by the state board. At a minimum, the application must include the following:

(a) Evidence that the community-based organization or eligible rural school district meets the eligibility requirements set forth in subsection (1) of this section;

(b) A description of the fifth-day academic enrichment and support program and the organization's or eligible rural school district's proposed uses of the grant money that are consistent with section 22-105-104; and

(c) A description of how the needs of students with disabilities will be addressed and accommodated.

(3) (a) The department shall review the applications received pursuant to this section to determine eligibility under the grant program. The state board shall award grants on a three-year grant cycle in the order qualifying applications are received. The state board shall determine the amount of the grants. The amount of the initial and renewal grants is based on the number of children served in the fifth-day academic enrichment and support program; except that the grant award amount may be capped, increased, or decreased based on the number and age of children served in the program, the number of grantees in the program, available appropriations, and any other relevant criteria as determined by the state board.

(b) The state board shall ensure that the amount of grants awarded over the three-year grant cycle to a grantee and the automatic renewal process are designed to achieve predictability for grantees and foster sustainable fifth-day academic enrichment and support programs.

(c) Each grant has an initial term of one year with automatic renewal annually for two additional years, subject to available appropriations, and contingent on the following:

(I) The grant recipient continuing to serve children in a fifth-day academic enrichment and support program;

(II) The grant recipient continuing to meet the eligibility requirements set forth in subsection (1) of this section;

(III) The grant recipient using grant money for purposes specified in section 22-105-104;

(IV) Successful implementation of supplemental enrichment programming and data associated with improved academic outcomes for participating children; and

(V) Any other reasonable criteria for renewal of the grant, as determined by the state board.
C.R.S. § 22-30.5-407 — CO Code / Title 22 / Article 30.5 / Part 4 / Section 22-30.5-407
22-30.5-407. State charter school debt reserve fund - creation - use of fund moneys - legisla
Status: in_force

22-30.5-407. State charter school debt reserve fund - creation - use of fund moneys - legislative declaration. (1) The general assembly hereby finds and declares that:

(a) The state charter school debt reserve fund created by this section is intended to enhance the ability of any qualified charter school that chooses to finance capital construction with revenues from bonds issued on behalf of the qualified charter school by the Colorado educational and cultural facilities authority created in section 23-15-104 (1)(a), C.R.S., to obtain such financing on favorable terms by providing a source of moneys that can be used to make bond payments if the qualified charter school fails to make such payments;

(b) It is appropriate for state education fund moneys to be appropriated to the state charter school debt reserve fund and it is also appropriate for those qualified charter schools that receive more favorable financing terms that result in interest rate savings due to the existence of and reliance upon the state charter school debt reserve fund and the provisions of section 22-30.5-408 with respect to such bonds to pay a portion of their resulting savings to the state charter school debt reserve fund and for all charter schools to bear the risk of having charter school per pupil facilities aid program moneys withheld to replenish the state charter school debt reserve fund in the event that moneys from the state charter school debt reserve fund are expended to make bond payments.

(2) (a) There is hereby created in the state treasury the state charter school debt reserve fund. The fund shall consist of the following moneys:

(I) One million dollars that are hereby appropriated from the state education fund to the state charter school debt reserve fund on July 1, 2002;

(I.5) Six million five hundred thousand dollars that are transferred from the state education fund to the state charter school debt reserve fund on July 1, 2014;

(II) Moneys credited to the state charter school interest savings account of the fund pursuant to subsection (3) of this section;

(III) Moneys transferred from the state education fund to the state charter school debt reserve fund pursuant to paragraph (d) of subsection (4) of this section;

(IV) Moneys credited to the fund by the state treasurer pursuant to section 22-30.5-408 (2)(c)(II); and

(V) Interest and income credited to the fund pursuant to paragraph (c) of this subsection (2).

(b) There is hereby created within the state charter school debt reserve fund the state charter school interest savings account. The account shall consist of moneys credited to the account by the state treasurer pursuant to subsection (3) of this section and any interest and income derived from the deposit and investment of moneys in the account.

(c) All interest and income derived from the deposit and investment of moneys in the state charter school debt reserve fund on or before June 30, 2014, are credited to the state education fund, and all interest and income derived from the deposit and investment of moneys in the state charter school debt reserve fund on and after July 1, 2014, are credited to the state charter school debt reserve fund; except that all interest and income derived from the deposit and investment of moneys in the state charter school interest savings account shall be credited to the account in accordance with paragraph (b) of this subsection (2). At the end of any fiscal year, all unexpended and unencumbered moneys in the state charter school debt reserve fund and the account remain in the fund and the account respectively.

(d) All moneys credited to the state charter school debt reserve fund or expended from the fund, other than moneys credited to or expended from the state charter school interest savings account, are moneys originally credited to the state education fund and are therefore, in accordance with section 17 (3) of article IX of the state constitution and section 22-55-103 (5), exempt from:

(I) The limitation on state fiscal year spending set forth in section 20 (7)(a) of article X of the state constitution and section 24-77-103, C.R.S.; and

(II) The limitation on local government fiscal year spending set forth in section 20 (7)(b) of article X of the state constitution.

(3) (a) A qualified charter school that chooses to finance capital construction with revenues from bonds issued on behalf of the qualified charter school by the Colorado educational and cultural facilities authority created in section 23-15-104 (1)(a), C.R.S., shall pay to the state treasurer, on an annual basis, commencing and calculated on the date of issuance of the bonds and on each one-year anniversary of the issuance of the bonds thereafter while the bonds remain outstanding, an amount equal to ten basis points of the principal amount of the bonds outstanding as of each calculation date, and such amount shall be deemed to be the amount of any interest rate savings resulting from more favorable financing terms attributable to the reliance upon the state charter school debt reserve fund and the provisions of section 22-30.5-408 with respect to such bonds. Each annual payment of ten basis points shall be prorated and payable in equal installments among the debt service payments required of the qualified charter school, with respect to the qualified charter school bonds issued for its benefit, during the twelve months following the annual computation date. The state treasurer shall credit any payment received pursuant to this paragraph (a) to the state charter school interest savings account.

(b) The state treasurer may require each qualified charter school that makes required payments to the state treasurer pursuant to paragraph (a) of this subsection (3) to pay a fee to the state treasurer to defray any direct and indirect administrative costs incurred by the state treasurer in executing duties required by this section. The state treasurer shall deposit any fees received into the state charter school interest savings account of the state charter school debt reserve fund.

(4) (a) Moneys in the state charter school debt reserve fund are hereby continuously appropriated to the state treasurer, who shall expend such moneys solely for the purpose of paying principal and interest on bonds issued on behalf of a qualified charter school by the Colorado educational and cultural facilities authority and only if:

(I) The state treasurer has been notified and has confirmed, in accordance with paragraph (b) of this subsection (4), that the qualified charter school has expended all moneys in its own debt service reserve fund or account that has been funded with proceeds derived from the issuance of the bonds and is unable to make bond payments; and

(II) The qualified charter school has made payments to the state treasurer as required by subsection (3) of this section.

(a.5) Notwithstanding the provisions of paragraph (a) of this subsection (4), fees deposited into the state charter school interest savings account of the state charter school debt reserve fund pursuant to paragraph (b) of subsection (3) of this section may be expended by the state treasurer for the purpose of defraying any direct and indirect administrative costs incurred by the state treasurer in executing duties required by this section.

(b) Whenever the trustee responsible for making payments to the holders of any qualified charter school bonds, as defined in section 22-30.5-408 (1)(d), issued on behalf of a qualified charter school by the Colorado educational and cultural facilities authority has not received payment of principal or interest on the bonds on the tenth business day immediately prior to the date on which such payment is due and the debt service reserve fund for the qualified charter school has been depleted, the trustee shall so notify the state treasurer and the qualified charter school by telephone, facsimile, or other similar communication, followed by written verification, of such payment status. The state treasurer shall immediately contact the qualified charter school and determine whether the qualified charter school will make the payment by the date on which it is due and, if the state treasurer confirms that the qualified charter school will not make the payment, the state treasurer shall make the payment.

(c) The state treasurer shall expend all moneys in the state charter school interest savings account before expending any other moneys in the state charter school debt reserve fund. If a qualified charter school defaults on a payment with respect to outstanding qualified charter school bonds, as defined in section 22-30.5-408 (1)(d), and the amounts of such payment defaults exceed the amounts available in the state charter school interest savings account and the state charter school debt reserve fund, moneys from the account and the fund shall be allocated pro rata among the qualified charter school bonds that will have a default in the payment of principal or interest based on the ratio that the payment default on each series of such bonds bears to the total payment defaults on all series of such qualified charter school bonds.

(d) If the state treasurer expends moneys from the portion of the state charter school debt reserve fund that is not the state charter school interest savings account or if the state treasurer expends moneys from the state charter school interest savings account for purposes other than the payment of the administrative costs of the state treasurer, the state treasurer shall withhold charter school per pupil facilities aid program moneys to the extent necessary to restore that portion of the state charter school debt reserve fund, by the transfer of all withheld amounts from the state education fund to that portion of the state charter school debt reserve fund, to a balance of seven million five hundred thousand dollars and to the extent necessary to restore the state charter school interest savings account, by the transfer of all withheld amounts from the state education fund to the state charter school interest savings account, to the balance prior to expenditure of moneys from the account, in accordance with the following requirements:

(I) Each qualified charter school that has had bonds issued on its behalf by the Colorado educational and cultural facilities authority that have relied upon the state charter school debt reserve fund and the provisions of section 22-30.5-408, shall have its payments reduced by the same percentage and by a maximum of fifty percent.

(II) If, in any given fiscal year, the state treasurer determines that after withholding the maximum amount of charter school per pupil facilities aid program moneys that may be withheld pursuant to subparagraph (I) of this paragraph (d) the portion of the state charter school debt reserve fund that is not the state charter school interest savings account will not be restored to a balance of seven million five hundred thousand dollars or the state charter school interest savings account will not be restored to the balance in the account prior to the state treasurer's expenditure of moneys from the account, each charter school that is not relying upon the state charter school debt reserve fund and the provisions of section 22-30.5-408 with respect to bonds issued on its behalf by the Colorado educational and cultural facilities authority shall have its payment reduced by the same percentage and by a maximum of ten percent.

(5) This section shall not be construed to create any state debt, to require the state to make any bond payments on behalf of any qualified charter school from any source of state moneys other than the state charter school debt reserve fund, or to require the state to fully pay off any outstanding bonds of a qualified charter school that cannot make scheduled bond payments.

(6) For purposes of this section, "qualified charter school" means a qualified charter school as defined in section 22-30.5-408 (1)(c).

(7) A qualified charter school that chooses to finance capital construction with revenues from bonds issued on behalf of the qualified charter school by the Colorado educational and cultural facilities authority created in section 23-15-104 (1)(a), C.R.S., shall request that the state treasurer make direct payments of principal and interest on the bonds on behalf of the qualified charter school in accordance with section 22-30.5-406 (1). If the state treasurer does not agree to make direct payments and the qualified charter school is a district charter school, the qualified charter school shall request that its chartering district make direct payments in accordance with section 22-30.5-406 (2). If the state treasurer does not agree to make direct payments and the qualified charter school is an institute charter school, the qualified charter school shall request that the state charter school institute make direct payments of principal and interest on the bonds on behalf of the institute charter school.

(8) This section shall only apply to bonds issued by the Colorado educational and cultural facilities authority in reliance upon the provisions of section 22-30.5-408 (2).

(9) This section is in addition to, and not in limitation of, the powers granted to the Colorado educational and cultural facilities authority pursuant to article 15 of title 23, C.R.S., to finance the costs of facilities of charter schools.

(10) In accordance with section 11 of article II of the state constitution, the state hereby covenants with the purchasers of any outstanding bonds issued in reliance upon the existence of the state charter school interest savings account that the state will not repeal, revoke, or rescind the provisions of this part 4 concerning the account or modify or rescind the same so as to limit or impair the rights and remedies granted by this section to the purchasers of such bonds and that any moneys in the account shall not revert to the general fund.
C.R.S. § 22-7-609.3 — CO Code / Title 22 / Article 7 / Part 6 / Section 22-7-609.3
22-7-609.3. Voluntary restructuring - state board approval
Status: repealed

22-7-609.3. Voluntary restructuring - state board approval. (Repealed)
C.R.S. § 22-102-107 — CO Code / Title 22 / Article 102 / Section 22-102-107
22-102-107. Appropriations for this article - gifts, grants, or donations
Status: in_force

22-102-107. Appropriations for this article - gifts, grants, or donations. (1) The general assembly may appropriate money from the marijuana tax cash fund, created in section 39-28.8-501, to the department to be used for the pilot program established in this article 102. The department may accept and expend gifts, grants, or donations from private or public sources for the purposes of this article 102.

(2) The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this article 102.
C.R.S. § 22-60.5-121 — CO Code / Title 22 / Article 60.5 / Part 1 / Section 22-60.5-121
22-60.5-121. Educator preparation programs - requirements - advisory committee - report - rul
Status: in_force

22-60.5-121. Educator preparation programs - requirements - advisory committee - report - rules - legislative declaration - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Candidate" means a person who is participating in an initial, advanced, or other educator preparation program.

(b) "Educator preparation program" means a program that prepares educator candidates to meet the quality standards established pursuant to section 22-9-105.5 (10) and the requirements for licensure endorsement adopted by state board rule pursuant to section 22-60.5-106. For purposes of this section, an "educator preparation program" does not include an alternative teacher program that obtains approval from the state board of education pursuant to section 22-60.5-205 (3).

(c) "Institution of higher education" means a state institution of higher education, as defined in section 23-18-102 (10)(a); a local district college, as defined in section 23-71-102 (1); an area technical college, as defined in section 23-60-103 (1); a private college or university, as defined in section 23-2-102 (11) and authorized by the Colorado commission on higher education; and an out-of-state public institution, as defined in section 23-2-102 (9) and authorized by the Colorado commission on higher education.

(d) "Program" means a planned sequence of undergraduate, post-baccalaureate, or graduate courses and experiences for the purpose of preparing candidates to be effective educators in prekindergarten through twelfth-grade settings. A program may lead to a degree, an educator license, or both.

(2) The state board shall adopt rules establishing the requirements for educator preparation programs, which, at a minimum, must ensure that each educator preparation program includes:

(a) Program design around candidate proficiency and professionalism that supports decision-making about partnerships and the integration of curricula, learners, course work, and clinical experience;

(b) Mapping, planning, development, assessment, and support of candidate proficiency, including a candidate's deep understanding of content knowledge, pedagogical knowledge, the content knowledge required for educating, and the dispositions and professional qualities necessary to be successful;

(c) Course work that provides content knowledge as described in part 10 of article 7 of this title 22, specifically in teaching to the state content standards adopted pursuant to section 22-7-1005;

(d) Course work that is aligned with the "Colorado Reading to Ensure Academic Development Act", part 12 of article 7 of this title 22, and the foundational reading skills of phonemic awareness, phonics, vocabulary development, reading fluency, including oral skills and reading comprehension, and the skills and strategies to apply to ensure that every student learns how to read. Reading course work and clinical practice opportunities must be a significant focus for teachers preparing for endorsement in elementary, early childhood, or special education.

(e) Course work that provides educator candidates with an overview of Title II of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended, and its implementing regulations; section 504 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 701 et seq., as amended, and its implementing regulations; the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and its implementing regulations; individualized education programs, as defined in section 22-20-103 (15); and child find, as defined in section 22-20-103 (4), and that teaches educators effective special education classroom practices, including, but not limited to, inclusive learning environments;

(f) Intentional clinical experience, early on and throughout educator preparation, relating to predetermined state content standards that afford candidates multiple intentional experiences to learn from practice. Clinical experiences must be aligned with educator preparation program curricula so that candidates develop pedagogical skills and pedagogical content knowledge. Teacher preparation candidates shall complete a minimum of eight hundred hours in clinical experience, and principal and administrator candidates shall complete a minimum of three hundred hours of clinical experience. A teacher candidate shall complete the clinical experience hours while enrolled in an approved educator preparation program; except that an educator preparation program may review and accept clinical experience hours completed before enrolling an educator in the educator preparation program. A majority of the clinical experience hours must be completed through a continuous clinical placement. For every additional endorsement or advanced degree, a candidate shall complete an appropriate amount of supervised clinical experiences that relate to predetermined state content standards, including best practices and relevant national norms related to the candidate's endorsements.

(g) A requirement that each teacher preparation candidate in an initial licensure program complete at least one semester or quarter-length course in behavioral health training and one semester or quarter-length course in using culturally responsive and trauma- and evidenced-informed practices;

(h) A requirement that candidates for an elementary education endorsement, a middle school mathematics endorsement, or a secondary mathematics endorsement are trained in evidence-informed practices in mathematics, as defined in section 22-2-146.6, including interventions to help students who are below grade level or struggling in mathematics; children with disabilities, as defined in section 22-20-103; and students who are English language learners;

(i) A requirement that each educator preparation candidate, prior to graduation, demonstrate the skills required for licensure, as specified by rule of the state board of education pursuant to section 22-2-109 (4), in the manner specified by rule of the state board of education; and

(j) A requirement that educator preparation programs, to improve their outcomes, engage in continuous evidence-based cycles of review regarding the impact of the educator preparation programs on the candidates' development throughout the educator preparation program. The cycles must include data on current candidates enrolled in the educator preparation program and available data on educators who have completed the educator preparation program.

(3) The state board shall adopt rules to ensure that each educator preparation program includes procedures to monitor and improve the effectiveness of the educator preparation program, as well as educator effectiveness of its graduates pursuant to section 22-9-105.5, including, at a minimum, the following:

(a) Periodic review of the educator preparation program to ensure that the educator preparation program meets the requirements specified by state board rule pursuant to this section;

(b) A procedure for collecting and reviewing evaluative data concerning the educator preparation program, including periodic surveys of graduates and employers, and educator data collected pursuant to section 22-2-112 (1)(q) in order to modify the educator preparation program as necessary in response to the data collected; and

(c) A procedure for reviewing the scores achieved on the professional competency assessments required pursuant to section 22-60.5-203 and the data concerning multiple measures of assessing professional competencies required pursuant to section 22-60.5-203 (3)(e) for candidates enrolled in and graduating from the educator preparation program and a procedure for modifying the educator preparation program as necessary.

(4) (a) (I) The department shall review each educator preparation program as provided in subsection (4)(b) of this section and establish a schedule for review of each educator preparation program that ensures each educator preparation program is reviewed not more frequently than once every five years; except that, if an educator preparation program is placed on conditional approval or probationary status, the educator preparation program must receive an additional review within the five-year period, as determined by the department. A review of or decision made concerning an educator preparation program after it is placed on conditional approval or probationary status does not change the date of the educator preparation program's next five-year review.

(II) Notwithstanding subsection (4)(a)(I) of this section, the department shall review any new educator preparation program no sooner than twelve months but not more than twenty-four months after the new educator preparation program is initially approved.

(III) Any new educator preparation program or modification to an existing educator preparation program that significantly modifies the content, clinical experiences, or educator preparation program delivery must be submitted to the department for review pursuant to this section. The state board shall adopt rules and procedures for the review of new and modified educator preparation programs.

(b) Each educator preparation program review conducted pursuant to subsection (4)(a) of this section must ensure that the educator preparation program meets the minimum requirements adopted pursuant to subsections (2) and (3) of this section. The review must be designed to ensure that educator preparation programs are implemented in a manner that enables candidates to meet the quality standards, as defined in section 22-9-103 (2.9), and the requirements for licensure endorsement adopted by state board rule pursuant to section 22-60.5-106. The department shall recommend to the state board that an educator preparation program be approved, placed on conditional approval, placed on probation, or not be approved pursuant to this section.

(c) The department shall work cooperatively with each educator preparation program to obtain any data requested by the department to determine the admission and enrollment patterns, completion rates, and effectiveness of educator preparation programs. In addition, each educator preparation program shall, upon request from the department, prepare and submit an annual report to assist the department in reviewing the educator preparation program pursuant to this section. The department shall collaborate with representatives from the governing boards of each institution of higher education that offers educator preparation programs in specifying the information to be included in the annual report.

(d) (I) Based on the department's recommendation that an educator preparation program not be approved or that it be placed on conditional approval or probation, the state board shall deny approval, grant the educator preparation program conditional approval, or place the educator preparation program on probation. The state board shall adopt rules specifying the procedures for denying approval or placing an educator preparation program on conditional approval or probation and the process by which the level of approval of an educator preparation program is reviewed and changed.

(II) An educator preparation program that the state board places on conditional approval may continue to accept new candidates. An educator preparation program that the state board places on probation shall not accept new candidates until the department removes the educator preparation program from probationary status.

(III) If the state board places an educator preparation program on conditional approval or probation, the state board shall consult with the department in determining whether the educator preparation program should subsequently be reapproved, conditionally approved, placed on probation, or terminated.

(IV) Institutions of higher education offering educator preparation programs are subject to the requirements of sections 23-1-107, 23-1-108, and 23-1-125. A private college or university, as defined in section 23-2-102 (11), and out-of-state public institutions, as defined in section 23-2-102 (9), that offer educator preparation programs in Colorado are subject to the requirements in article 2 of title 23 and related policies of the Colorado commission on higher education. In determining whether to initially approve or continue the approval of an educator preparation program, the state board shall consider any recommendations by the commission on higher education.

(e) The state board shall adopt rules and procedures to terminate any educator preparation program if the program did not successfully graduate any candidates during the previous five years.

(5) The department may establish a fee or reimbursement mechanism to be paid to the department by an entity that provides and applies for approval of an educator preparation program. The amount of the fee or reimbursement must reflect the direct and indirect costs of the department in administering the provisions of this section.

(6) (a) (I) The general assembly finds and declares that a high-quality teacher is the most important in-school factor for student achievement and that students benefit from seeing a diverse group of educators in classrooms. However, the educator workforce in Colorado is not as diverse as the population of students it serves or will serve in the future.

(II) Therefore, the general assembly declares that educator preparation programs must clearly and transparently show the first-time pass rates of candidates on the assessment administered pursuant to section 22-60.5-203 (3)(a)(I), especially those candidates whose gender, race, or ethnicity is underrepresented in the educator workforce, and that diverse educator candidates should have access to the necessary information to determine which educator preparation program gives the candidate the best chance of success at becoming an educator.

(b) Notwithstanding section 24-1-136 (11)(a)(I), the department shall annually prepare a report concerning the enrollment in, graduation from, and effectiveness of the educator preparation programs authorized by the department. In addition, the report must include:

(I) Data on the outcomes of graduates of educator preparation programs pursuant to section 22-2-112 (1)(q);

(II) The percentage of educator candidates graduating from each educator preparation program during the preceding twelve months who applied for and received an initial license pursuant to section 22-60.5-201;

(III) The percentage of graduates who passed the assessment administered pursuant to section 22-60.5-203 (3)(a)(I), including the percentage of graduates who passed the assessment on the first attempt; and

(IV) The percentage of graduates who did not take an assessment identified in section 22-60.5-203 (3)(a)(I) and instead sought licensure through the multiple measure options in section 22-60.5-203 (3)(a)(II) or (3)(a)(III).

(c) For purposes of completing the report required pursuant to subsection (6)(b) of this section, the department and the department of higher education shall share with one another any relevant data that complies with state and federal regulations. The department shall submit the report to the house of representatives education committee and the senate education committee, or their successor committees.

(d) All data and information required to be reported annually pursuant to subsection (6)(b) of this section must be disaggregated by the gender, race, and ethnicity of the candidates and graduates, to the extent possible.

(e) The department and the department of higher education shall post the annual report on their respective websites in the location relating to educator preparation programs and teacher licensure, if applicable.

(7) The department is encouraged to collaborate with national accrediting bodies of educator preparation programs and to offer concurrent and joint site visits to educator preparation programs, to the extent feasible.

(8) (a) There is created an advisory committee to the state board of education and the department to provide input on relevant topics related to educator preparation and educator quality, including but not limited to:

(I) Reviewing and providing feedback on the authorization and reauthorization process for new educator preparation programs, as well as added endorsement areas in already-approved programs;

(II) Participating in stakeholder discussions concerning new or revised educator preparation standards;

(III) Identifying ways to streamline applications for program authorization, reauthorization, and added endorsement areas;

(IV) Identifying strategies to better intersect and support Colorado schools in a school's educator pipeline development; and

(V) Articulating ways to increase the educator talent pipeline that meets Colorado's hiring needs, especially among underrepresented communities.

(b) The advisory committee consists of the following eight members who are appointed by the commissioner of education in consultation with the executive director of the department of higher education through applications developed by the department:

(I) One representative from an urban school district;

(II) One representative from a rural school district;

(III) One representative from a traditional educator preparation program;

(IV) One representative from an alternative educator preparation program;

(V) One member who is a recent graduate from a Colorado educator preparation program who is currently teaching in a Colorado school;

(VI) One representative from the department;

(VII) One representative from the department of higher education; and

(VIII) One representative from the state charter school institute established in section 22-30.5-503.

(c) The members of the advisory committee shall select the chair.

(d) The advisory committee shall meet as often as necessary to provide input to the state board of education and the department pursuant to this subsection (8). The department shall establish procedures to allow members to participate in the meetings remotely.
C.R.S. § 22-32.5-102 — CO Code / Title 22 / Article 32.5 / Section 22-32.5-102
22-32.5-102. Legislative declaration
Status: in_force

22-32.5-102. Legislative declaration. (1) The general assembly hereby finds that:

(a) The constitutional provisions regarding the public education system direct the general assembly to establish a thorough and uniform statewide system of public education, but they also recognize the importance of preserving local flexibility by granting to each school district board of education the control of instruction in the schools of the school district;

(b) The constitution's requirement that each school district board of education is responsible for controlling the instruction in its schools is based on the belief that the delivery of educational services must be tailored to the specific population of students they are intended to serve and that the parents of those students should have great opportunity for input regarding the educational services their children receive;

(c) In tailoring the delivery of educational services, it is also important that the persons delivering those services, the principal of the public school and the faculty employed at that school, have the maximum degree of flexibility possible to determine the most effective and efficient manner in which to meet their students' needs;

(d) To further the goals of high-quality public education throughout the state, therefore, each school district board of education should have the authority to grant public schools of the school district the maximum degree of flexibility possible to meet the needs of individual students and the communities in which they live; and

(e) While the ultimate responsibility for controlling the instruction in public schools continues to lie with the school district board of education of each public school, each school district board of education is strongly encouraged to delegate to each public school a high degree of autonomy in implementing curriculum, making personnel decisions, organizing the school day, determining the most effective use of resources, and generally organizing the delivery of high-quality educational services, thereby empowering each public school to tailor its services most effectively and efficiently to meet the needs of the population of students it serves.

(2) The general assembly therefore finds that it is in the best interests of the people of Colorado to enact the "Innovation Schools Act of 2008" to achieve the following purposes:

(a) To grant to Colorado's school districts and public schools greater ability to meet the educational needs of a diverse and constantly changing student population;

(b) To encourage intentionally diverse approaches to learning and education within individual school districts;

(c) To improve educational performance through greater individual school autonomy and managerial flexibility;

(d) To encourage school districts, where appropriate, to create and manage a portfolio of schools that meet a variety of education needs, including identifying elementary, middle or junior high, and high schools to collectively operate as a vertically integrated innovation zone of schools;

(e) To encourage innovation in education by providing local school communities and principals with greater control over levels of staffing, personnel selection and evaluation, scheduling, and educational programming with the goal of achieving improved student achievement;

(f) To encourage school districts and public schools to find new ways to allocate resources, including through implementation of specialized school budgets, for the benefit of the students they serve; and

(g) To hold public schools that receive greater autonomy under this article accountable for student academic achievement, as measured by the Colorado student assessment program, other more specifically tailored accountability measures, and the federal requirements of adequate yearly progress.

(3) The general assembly further declares that:

(a) Since the "Innovation Schools Act of 2008" was passed, innovations have been used to leverage outcomes for students and support creative school models to meet the needs of students, educators, and families;

(b) The cornerstone of innovation work is empowering educators and families to be part of the design process, helping to develop an innovation plan, and voting to approve the school's plan and any revisions to the innovation plan;

(c) The "Innovation Schools Act of 2008" identifies areas of innovation that schools are encouraged to explore, including innovations in governance;

(d) Local school boards and innovation school zones have implemented alternative governance models for innovation school zones and schools within the innovation school zones, including delegation of some management activities from a local school board to a nonprofit organization affiliated with an innovation school zone;

(e) Innovation schools were designed as an opportunity for schools that operate within their school district to exercise autonomy and flexibility to adapt to meet the needs of schools and students whom innovation schools serve;

(f) If disputes arise between an innovation school zone as a whole, or a school within the innovation school zone, and the local school board that oversees the innovation school zone regarding the administration of an innovation plan, a fair and consistent resolution process is needed to address the dispute; and

(g) The dispute resolution process described in this article 32.5 is modeled from existing statutory dispute resolution processes and intends to support both parties, encourage innovation school zones to practice innovative governance, and allow the local school board to reach solutions with innovation school zones with alternative governance.
C.R.S. § 22-2-103 — CO Code / Title 22 / Article 2 / Part 1 / Section 22-2-103
22-2-103. Department of education
Status: in_force

22-2-103. Department of education. (1) The department of education shall include the following:

(a) The state board of education;

(b) The commissioner of education, assistant commissioners of education, and other officers and employees of the department;

(c) The state library, created in section 24-90-104, C.R.S.;

(d) The Colorado school for the deaf and the blind, as provided for in article 80 of this title;

(e) The state charter school institute established in section 22-30.5-503;

(f) The division of online learning established in section 22-30.7-103;

(g) The office of facility schools created in section 22-2-403;

(h) The facility schools board created in section 22-2-404;

(i) The Colorado state advisory council for parent involvement in education created in section 22-7-303;

(j) The office of dropout prevention and student re-engagement created in section 22-14-103; and

(k) The concurrent enrollment advisory board created in section 22-35-107.
C.R.S. § 22-41-109 — CO Code / Title 22 / Article 41 / Section 22-41-109
22-41-109. Bond guarantee loans
Status: in_force

22-41-109. Bond guarantee loans. (1) The general assembly hereby finds that school districts of this state are experiencing great need for improved school facilities; that, although the issuance of school bonds can pave the way for improved facilities, such bonds must be marketable and their interest rate must be competitive in order to benefit the district; that, if the risk assumed by school bond purchasers was diminished, interest rates would generally be reduced; that the use of permanent school funds to guarantee payments of principal and interest, with appropriate safeguards for the public school fund, is consistent with the purpose for which the fund was created; and that section 3 of article IX of the state constitution specifically authorizes the use of the public school fund of the state for the purposes of this section.

(2) The state treasurer is authorized to contract with school districts in this state for the guarantee of payments of principal and interest on the district's bonds as such payments become due. The state treasurer shall not enter into such contract if the guarantee would result in the total amount of outstanding guaranteed bonds exceeding an amount equal to three times the market value of the public school fund. Each year the state treasurer shall analyze the status of guaranteed bonds as compared to the book value and market value of the public school fund and shall certify whether the amount of bonds guaranteed is within the limit prescribed by this subsection (2).

(3) The board of education of a school district desiring to enter into a guarantee contract authorized by this section shall include, in the resolution submitting the question of issuing bonds to the registered electors of the school district, a statement that the school district intends to contract with the state treasurer for the guarantee of principal and interest payments to holders of such bonds. The resolution shall set forth, and any resulting guarantee contract shall provide, that the district shall repay any loan of public school funds with interest as provided in subsection (4) of this section by the end of the calendar year next following the close of the fiscal year in which the loan was made, out of any available funds of the school district or out of the proceeds of a levy on the taxable property of the school district at a rate sufficient to produce the amount required to repay the loan. No guarantee contract shall be executed pursuant to this section unless the registered electors of the school district have approved such provisions for the contract by their vote approving the issuance of bonds.

(4) Any guarantee contract authorized by this section shall include a provision requiring the payment of interest on loans made pursuant to the contract at the prevailing rate of interest being earned by investments of the public school fund on the date the loan is made.

(5) A board of education seeking the guarantee of eligible bonds shall notify the commissioner of education and the state treasurer indicating the name of the school district and the principal amount of the bonds to be issued, the name and address of the school district's paying agent for the bonds, the maturity schedule, the estimated interest rate, and the date of the bonds.

(6) After receipt of the request for the guarantee of bonds, the commissioner of education shall review the applicant school district regarding the school district's accreditation category, the school district's financial status based on its audited financial statements for the previous three years, and the total amount of the school district's bonded indebtedness in relation to the limitation on indebtedness provided by law. If, after the investigation, the commissioner of education is satisfied that the school district's bonds should be guaranteed under this section, the commissioner of education shall endorse the request for the bond guarantee to the state treasurer.

(7) Whenever the paying agent has not received payment of principal of or interest on bonds or other obligations to which this section applies fifteen business days immediately prior to the date on which such payment is due, the paying agent shall so notify the state treasurer and the school district by telephone, facsimile, or other similar communication, followed by written verification, of such payment status. The state treasurer shall immediately contact the school district and determine whether the school district will make the payment by the date on which it is due.

(8) If the school district indicates that it will not make the payment by the date on which it is due, the state treasurer shall forward the amount in immediately available funds necessary to make the payment of the principal of or interest on the bonds or other obligations of the school district to the paying agent on the business day immediately prior to the date on which payment is due. Such payment shall constitute a loan to the school district from the public school fund in accordance with the terms of the guarantee contract.

(9) In order to assure sufficient liquidity to meet obligations under the provisions of this section, the state treasurer shall invest moneys in the public school fund in an amount equal to at least ten percent of the principal amount of bonds guaranteed under this section in interest-bearing obligations of the United States as provided in section 22-41-104 (1)(d) with maturity dates of three years or less.

(10) The amounts forwarded to the paying agent by the state treasurer shall be applied to the paying agent solely to the payment of the principal of or interest on such bonds or other obligations of the school district.

(11) Any school district to which this section applies shall file with the state treasurer a copy of the resolution that authorizes the issuance of bonds or other obligations, a copy of the official statement or other offering document for such bonds or other obligations, the agreement, if any, with the paying agent for such bonds or other obligations, and the name, address, and telephone number of such paying agent.

(12) As provided in section 11 of article II of the state constitution, the state hereby covenants with the purchasers and owners of bonds and other obligations issued by school districts that the state will not repeal, revoke, or rescind the provisions of this section or modify or amend the same so as to limit or impair the rights and remedies granted by this section; but nothing in this subsection (11) shall be deemed or construed to require the state to continue the payment of state assistance to any school district or to limit or prohibit the state from repealing, amending, or modifying any law relating to the amount of state assistance to school districts or the manner of payment or the timing thereof. Nothing in this section shall be deemed or construed to create a debt of the state with respect to such bonds or other obligations within the meaning of any state constitutional provision or to create any liability except to the extent provided in this section.

(13) Whenever the state treasurer is required by this section to make a payment of principal of or interest on bonds or other obligations on behalf of a school district, the department of education shall initiate an audit of the school district to determine the reasons for the nonpayment and to assist the school district, if necessary, in developing and implementing measures to assure that future payments will be made when due.

(14) Whenever the state treasurer makes a payment of principal and interest on bonds or other obligations of a school district because of the failure to collect property taxes levied in accordance with law for the school district's bond redemption fund, the district may transfer any such delinquent property taxes later collected out of the school district's bond redemption fund and into its general fund.

(15) In the event that any public school fund moneys are lost by reason of the failure of any school district to repay a loan made pursuant to this section, the general assembly shall restore such public school fund moneys, together with such interest as would have accrued thereto, by an appropriation in the amount of such loss from the general fund of the state.

(16) If two or more repayments from the public school fund are made on the guaranteed bonds of a school district and the commissioner of education determines that the school district is acting in bad faith under the guarantee, the commissioner of education may request the attorney general to institute appropriate legal action to compel the school district governing board to comply with the duties required by law in regard to the bonds.
C.R.S. § 22-2-126 — CO Code / Title 22 / Article 2 / Part 1 / Section 22-2-126
22-2-126. On-line education programs - study - report - repeal
Status: repealed

22-2-126. On-line education programs - study - report - repeal. (Repealed)
C.R.S. § 22-9.7-101 — CO Code / Title 22 / Article 9.7 / Section 22-9.7-101
22-9.7-101. Early childhood educator development scholarship program - creation - eligibilit
Status: in_force

22-9.7-101. Early childhood educator development scholarship program - creation - eligibility. Subject to the receipt of sufficient moneys pursuant to section 22-9.7-103, there is hereby created in the department of education, referred to in this article as the "department", the early childhood educator development scholarship program, referred to in this article as the "scholarship program", to award stipends to assist persons employed in early childhood education in offsetting the costs incurred in obtaining an associate of arts degree in early childhood education. The department shall award stipends on a need basis, based on the criteria specified in section 22-9.7-102. The stipends shall be awarded on a yearly basis, and recipients shall reapply each year that they are enrolled in the associate of arts degree program. The scholarships shall be paid from any moneys available in the early childhood educator development scholarship fund created in section 22-9.7-103.
C.R.S. § 22-42-117 — CO Code / Title 22 / Article 42 / Section 22-42-117
22-42-117. Board to certify needed revenues
Status: in_force

22-42-117. Board to certify needed revenues. (1) If the board of education has issued any of said bonds, at the time of certifying to the board of county commissioners a statement showing the amount necessary to raise from the taxable property of said district for the general fund as required by law, it shall also certify to said board of county commissioners the amount needed for its bond redemption fund to pay all installments of principal and interest of said bonds, which, according to their terms, have already become due and payable or shall become due and payable during the next ensuing fiscal year, or both, together with such additional amount, if any, as in the judgment of the board of education it is desirable to raise from the taxable property of said district for the purpose of redeeming, during the said ensuing fiscal year, any of said bonds which are redeemable but not due. Separate amounts shall be certified for the bond redemption fund to satisfy the outstanding obligations of bonded indebtedness which involve separate tax levies on taxable property located within different territorial limits.

(2) The board of education has authority to include in each amount certified for said bond redemption fund an amount to create a reserve for the redemption of bonds in future years prior to their maturities, for the payment of bonds in future years either prior to or at their maturities, or for purchasing at a discount and cancellation any bond on which the interest is being paid for the current district debt service mill levy; but said reserve shall be restricted to the subsidiary account in the bond redemption fund for which said tax levy was made.
C.R.S. § 22-7-705 — CO Code / Title 22 / Article 7 / Part 7 / Section 22-7-705
22-7-705. Teacher development grant program - application
Status: repealed

22-7-705. Teacher development grant program - application. (1) Any school that chooses to participate in the grant program shall submit an application to the department as provided by rule of the state board. Prior to submitting a grant application to the department, an applying school shall submit to the board of education of the school district in which the school is located the items specified in paragraphs (a) to (d) of subsection (2) of this section. Within thirty days after receiving said items, the board of education shall provide to the school a written statement of support or opposition for the proposed schedule that shall include the reasons underlying such support or opposition.

(2) At a minimum, a grant application shall include the following information:

(a) The activities that the school will provide through the teacher development schedule and the research that demonstrates the effectiveness of such activities as implemented in other public or nonpublic schools;

(b) Evidence that the teachers and administrators at the school have participated in selection of the activities to be provided and are in support of the teacher development schedule;

(c) The specific, measurable goals that the school expects to achieve in implementing the teacher development schedule, including both one-year goals and the goals to be achieved upon conclusion of the grant. At a minimum, the school's goals shall include a measurable increase in student learning in the areas of reading, writing, mathematics, and science.

(d) The school's plan for measuring the success of the activities provided through the teacher development schedule in meeting the school's identified goals, including but not limited to how the school will determine improvement in student learning;

(e) The amount of any moneys received by the school pursuant to Title I of the federal "Elementary and Secondary Education Act of 1965", 20 U.S.C. sec. 6301 et seq., how the school is using such moneys, and any improvements in student learning that have occurred in the preceding three years through the use of such moneys;

(f) Whether the school has previously received a grant pursuant to this part 7 and the demonstrated goals achieved in using the grant as specified in the progress and final reports submitted to the department pursuant to section 22-7-707;

(g) A written statement of support for or opposition to the school's proposed teacher development schedule by the board of education of the school district in which the applying school is located, including the reasons underlying such support or opposition.

(3) Repealed.

(4) An institute charter school or approved facility school that submits an application pursuant to this part 7 shall not be required to submit the application to any school district or to include in the application a statement of support for or opposition to the application by a local board of education.
C.R.S. § 22-41.5-101 — CO Code / Title 22 / Article 41.5 / Section 22-41.5-101
22-41.5-101. Legislative declaration
Status: in_force

22-41.5-101. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) In performing its duties under sections 2 and 15 of article IX, section 20 of article X, and section 6 of article XI of the state constitution, the general assembly must balance the interests of achieving a thorough and uniform public school system, controlling public debt, preserving a limited degree of local control, and reasonably restraining most the growth of government;

(b) In balancing these constitutional interests through the exercise of its legislative authority, the general assembly has enacted limitations on the ability of school districts to incur indebtedness;

(c) A statutory restriction has been imposed on the amount of bonded indebtedness that school districts can incur with voter approval for capital improvements;

(d) From time to time, changes to such limitations imposed on school districts are necessary in order to keep these constitutional interests properly balanced in light of changing circumstances;

(e) Section 20 (1) of article X of the state constitution prohibits the weakening of "other limits on district revenue, spending, and debt" without future voter approval;

(f) No change in school district debt occurs by virtue of statutory changes that increase a limit when the debt would not actually increase without school district voter approval and any actual weakening occurs only when school district voter approval is obtained under an increased limit; and

(g) By requiring voters to give approval at the school district level for any weakening of a school district limit on debt, the voter approval requirement of section 20 (1) of article X is satisfied in a manner achieving a reasonable result through legislative harmonization of constitutional provisions.
C.R.S. § 22-43.7-113 — CO Code / Title 22 / Article 43.7 / Part 1 / Section 22-43.7-113
22-43.7-113. Colorado school for the deaf and blind - special rules
Status: in_force

22-43.7-113. Colorado school for the deaf and blind - special rules. Except to the extent otherwise provided by the board in rules promulgated in accordance with article 4 of title 24, C.R.S., in order to account for any revenue-raising limitations of the Colorado school for the deaf and blind created and existing pursuant to section 22-80-102 (1)(a) not shared by school districts, the school shall be subject to the same financial assistance application requirements and financial assistance prioritization criteria as a school district.
C.R.S. § 22-30.5-408 — CO Code / Title 22 / Article 30.5 / Part 4 / Section 22-30.5-408
22-30.5-408. Replenishment of qualified charter school debt service reserve funds - additiona
Status: in_force

22-30.5-408. Replenishment of qualified charter school debt service reserve funds - additional responsibilities - state treasurer - qualified charter schools - definitions. (1) As used in this section:

(a) "Charter school debt service reserve fund" means a reasonably required debt service reserve fund or account that has been funded with proceeds derived from the issuance of qualified charter school bonds or other moneys of the qualified charter school.

(b) "Investment grade" means debt obligations that are rated in one of the four highest investment rating categories by one or more nationally recognized rating agencies.

(b.5) "Maximum principal outstanding" means the aggregate outstanding principal amount of bonds for which moneys may be appropriated pursuant to paragraph (a) of subsection (2) of this section.

(c) "Qualified charter school" means a charter school that is described in section 22-30.5-104 or an institute charter school as that term is defined in section 22-30.5-502 that has a stand-alone credit assessment or rating of at least investment grade by a nationally recognized rating agency at the time of issuance of any qualified charter school bonds on behalf of the charter school by the Colorado educational and cultural facilities authority pursuant to the "Colorado Educational and Cultural Facilities Authority Act", article 15 of title 23, C.R.S., and that has been certified as a qualified charter school by the state treasurer.

(d) "Qualified charter school bonds" means bonds that are issued by the Colorado educational and cultural facilities authority for the purpose of financing a facility to be used for occupancy by pupils enrolled in a qualified charter school and are secured by the state charter school debt reserve fund created by section 22-30.5-407 (2) and the provisions of this section.

(e) "Qualified charter school debt service reserve fund requirement" means the level of funding required for a qualified charter school debt service reserve fund as specified in the trust indenture or resolution pursuant to which qualified charter school bonds have been issued, which level of funding shall be no less than the maximum annual principal and interest requirement for the allocable portion of the qualified charter school bonds issued for the benefit of the qualified charter school; except that an amount equal to the qualified charter school debt service reserve fund may be subtracted from the final principal payment for the allocable portion of the qualified charter school bonds issued for the benefit of the qualified charter school when determining the maximum annual principal and interest requirement amount.

(f) "Rating agency" means any nationally recognized statistical rating organization as defined under rule 2a-7 of the "Securities Exchange Act of 1934", as amended, 17 CFR 270.2a-7 (a)(17).

(1.5) (a) The Colorado educational and cultural facilities authority shall develop and publicly disclose the application requirements for the qualified charter school, the application and processing timeline, and all issuer fees and expenses that will apply to the transaction.

(b) The Colorado educational and cultural facilities authority shall not charge a qualified charter school for which it issues bonds pursuant to section 22-30.5-407 an annual fee after the issuance of the bonds occurs; except that this paragraph (b) shall not be construed to prohibit the authority from charging a qualified charter school for fees and expenses incurred in the enforcement of covenants or remedies.

(2) (a) If the Colorado educational and cultural facilities authority has issued qualified charter school bonds on behalf of any qualified charter school that fails immediately to restore its qualified charter school debt service reserve fund to the applicable qualified charter school debt service reserve fund requirement, the board of directors of the authority shall submit to the governor a certificate certifying any amount of money required to restore the qualified charter school debt service reserve fund to the applicable qualified charter school debt service reserve fund requirement. The governor shall submit a request for appropriations in an amount sufficient to restore any or all qualified charter school debt reserve funds to their respective qualified charter school debt service reserve fund requirements, and the general assembly may, but is not required to, appropriate money for said purpose. If, in its sole discretion, the general assembly appropriates any money for said purpose, the aggregate outstanding principal amount of bonds for which money may be appropriated for said purpose must not exceed seven hundred fifty million dollars.

(b) Any moneys appropriated for the purpose of restoring any qualified charter school debt service reserve fund to its qualified charter school debt service reserve fund requirement shall be deposited into the applicable qualified charter school debt service reserve fund.

(c) (I) Upon the expenditure of moneys from the state charter school debt reserve fund or the state charter school interest savings account of the fund by the state treasurer, the state treasurer may file a lien on behalf of the state on the property securing the bonds for which the qualified charter school debt reserve fund is expended in an amount equal to the amount of moneys expended from the state charter school debt reserve fund or the state charter school interest savings account; except that such lien shall not be on a parity with or superior to any lien then secured by the property, including any lien securing such qualified charter school bonds.

(II) Any net proceeds from the sale of property securing the bonds for which the qualified charter school debt reserve fund is established shall be used to reimburse the state treasurer for any costs incurred in connection with the sale of such property. The state treasurer shall credit any additional net proceeds from the sale of such property to the state charter school debt reserve fund to restore the fund to a balance of seven million five hundred thousand dollars. The state treasurer shall credit any remaining net proceeds from the sale of such property to the state charter school interest savings account in the state charter school debt reserve fund.

(d) Upon the expenditure of moneys from the state charter school debt reserve fund or the state charter school interest savings account of the fund by the state treasurer, a qualified charter school shall provide the state treasurer with at least the following information:

(I) A copy of any official statement or other offering document for the issuance or incurrence of the financial obligation of the qualified charter school;

(II) A copy of any filings or correspondence with the federal internal revenue service with respect to the issuance or incurrence, including, if applicable, a copy of each form 8038 or form 8038G;

(III) A copy of the continuing disclosure undertaking; and

(IV) Any other information that is described in the state public financing policy promulgated pursuant to section 24-36-121 (5), C.R.S., related to the issuance or incurrence.

(2.7) A qualified charter school that has financed capital construction with qualified charter school bonds shall confirm a stand-alone credit assessment or rating of at least investment grade by a nationally recognized rating agency on its outstanding qualified charter school bonds at the time of the issuance of any new charter school bonds.

(3) This section shall not be construed to create any debt of the state or any state financial obligation whatsoever within the meaning of any state constitutional provision or to create any state liability whatsoever.

(4) The general assembly hereby finds and declares that its intent in enacting this section is to support charter schools and charter school capital construction by helping qualified charter schools that choose to have the Colorado educational and cultural facilities authority issue qualified charter school bonds on their behalf obtain more favorable financing terms for the bonds.
C.R.S. § 22-11-103 — CO Code / Title 22 / Article 11 / Part 1 / Section 22-11-103
22-11-103. Definitions
Status: repealed

22-11-103. Definitions. As used in this article 11, unless the context otherwise requires:

(1) "Accreditation" means certification by the state board that a school district and the public schools of the school district, or the institute and the institute charter schools, meet the requirements established by this article and the rules promulgated pursuant to this article. "Accreditation" includes the process for accrediting school districts and the institute and reviewing the performance of public schools as provided in part 2 of this article and the rules promulgated pursuant to this article.

(2) "Accreditation contract" means:

(a) The contract between the state board and a school district, as described in section 22-11-206, that includes, but is not limited to, the school district's obligation to manage the accreditation of the public schools of the school district consistent with the provisions of this article; or

(b) The contract between the state board and the institute, as described in section 22-11-206, that includes, but is not limited to, the institute's obligation to manage the accreditation of the institute charter schools consistent with the provisions of this article.

(3) "Achievement and growth gaps" means differences among student groups in the levels of academic achievement attained by the student groups on the statewide assessments and differences among student groups in the levels of academic growth attained by the student groups.

(4) "Achievement level" or "performance level" means the level of proficiency a student demonstrates on a statewide assessment.

(5) "Alternative education campus" means a public school that receives a designation pursuant to section 22-7-604.5.

(6) Repealed.

(6.5) "Career and technical education course" means a postsecondary course that, upon successful completion, results in postsecondary course credit toward a career and technical education credential or associates degree in applied science.

(7) Repealed.

(8) "Colorado growth model" means a scientifically rigorous statistical model that the department uses to calculate students' annual academic growth in the subjects included in the statewide assessments based on students' scores on the annual statewide assessments, which model is adopted by the state board pursuant to section 22-11-202.

(9) "Commissioner" means the office of the commissioner of education created and existing pursuant to section 1 of article IX of the state constitution.

(9.5) "Concurrent enrollment" means that a student, while enrolled in high school, enrolls in postsecondary courses as provided in article 35 of this title 22.

(10) "Data portal" means the internet-based electronic data delivery system developed and maintained by the department pursuant to section 22-11-502.

(10.5) "Demonstration options" means the methods by which a high school student may demonstrate college and career readiness as recommended in the high school graduation guidelines adopted by the state board pursuant to section 22-2-106 (1)(a.5) and as specifically selected by the local school board of the school district in which a student is enrolled or by the district charter high school or institute charter high school in which a student is enrolled.

(11) "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S.

(11.5) "Developmental education courses" has the same meaning as provided in section 23-1-113 (11)(b).

(12) "District charter school" means a charter school that is authorized by a school district pursuant to the provisions of part 1 of article 30.5 of this title.

(13) "District public school" means a public school of a school district, including but not limited to a district charter school.

(13.5) "General education core courses" means the postsecondary general education core courses in reading, writing, and mathematics identified pursuant to section 23-1-125 (3).

(14) "Improvement plan" means:

(a) The plan described in and adopted by a school district pursuant to section 22-11-304, in which case it may also be referred to more specifically as a "district improvement plan";

(b) The plan described in and adopted by the institute pursuant to section 22-11-304, in which case it may also be referred to more specifically as an "institute improvement plan"; or

(c) The plan described in and adopted by a public school pursuant to section 22-11-404, in which case it may also be referred to more specifically as a "school improvement plan".

(15) "Institute" means the state charter school institute created pursuant to section 22-30.5-503.

(16) "Institute board" means the governing board of the state charter school institute appointed pursuant to section 22-30.5-505 (2).

(17) "Institute charter school" means a charter school that is authorized by the institute pursuant to the provisions of part 5 of article 30.5 of this title.

(18) Repealed.

(19) "Local school board" means the board of education of a school district. "Local school board" also includes the governing board of a board of cooperative services created pursuant to article 5 of this title if the board of cooperative services is operating a public school.

(20) "Measure" means a method of assessing or a means to assess the level of attainment on a performance indicator.

(21) "Median student growth" means, in a ranking of individual student growth scores from highest to lowest, the middle student growth score attained.

(22) Repealed.

(23) "Performance indicators" means the indicators specified in section 22-11-204 for measuring the performance of the state public education system, including each public school, each school district, the institute, and the state as a whole.

(24) "Performance plan" means:

(a) The plan described in and adopted by a school district pursuant to section 22-11-303, in which case it may also be referred to more specifically as a "district performance plan";

(b) The plan described in and adopted by the institute pursuant to section 22-11-303, in which case it may also be referred to more specifically as an "institute performance plan"; or

(c) The plan described in and adopted by a public school pursuant to section 22-11-403, in which case it may also be referred to more specifically as a "school performance plan".

(24.5) "Performance watch" means:

(a) For a school district or the institute, the period of five years during which the school district or institute performs at a level that results in being accredited with priority improvement plan or lower as described in section 22-11-207 (4)(a); and

(b) For a public school, the period of five years during which the public school performs at a level that results in being required to adopt a priority improvement or turnaround plan as described in section 22-11-210 (1)(d)(I).

(25) "Postsecondary and workforce readiness" shall have the same meaning as provided in section 22-7-1003 (15).

(26) Repealed.

(27) "Priority improvement plan" means:

(a) The plan described in and adopted by a school district pursuant to section 22-11-305, in which case it may also be referred to more specifically as a "district priority improvement plan";

(b) The plan described in and adopted by the institute pursuant to section 22-11-305, in which case it may also be referred to more specifically as an "institute priority improvement plan"; or

(c) The plan described in and adopted by a public school pursuant to section 22-11-405, in which case it may also be referred to more specifically as a "school priority improvement plan".

(28) "Public school" has the same meaning as provided in section 22-1-101 and includes, but is not limited to, a district charter school, an institute charter school, and an online school, as defined in section 22-30.7-102 (9.5).

(29) "School district" means a school district authorized by section 15 of article IX of the state constitution and organized pursuant to article 30 of this title. "School district" also includes a board of cooperative services created pursuant to article 5 of this title if it is operating a public school.

(30) "School readiness" shall have the same meaning as provided in section 22-7-1003 (21).

(31) "State board" means the state board of education established pursuant to section 1 of article IX of the state constitution.

(32) "State review panel" means the panel of education experts appointed by the commissioner pursuant to section 22-11-205 to assist the department and the state board in implementing the provisions of this article.

(33) "Statewide assessments" means the assessments administered pursuant to section 22-7-1006.3.

(34) "Student groups" means the grouping of students based on sex, socioeconomic status, race and ethnicity, disability, English language proficiency, and gifted and talented status, as said groups are described by state board rule and federal requirements, and any additional student groups that the state board may describe by rule to align with changes to federal requirements or to provide additional data for analysis of student learning.

(34.3) "Student populations that are significantly represented within the school" means student populations that each constitute at least ten percent of the total population of students in the school, which student populations may include, but need not be limited to, the student populations described in section 22-11-301 (3).

(34.5) "Student populations that are significantly represented within the school district" means student populations that each constitute at least ten percent of the total population of students in the school district, which student populations may include, but need not be limited to, the student populations described in section 22-11-301 (3).

(35) "Target" means a specific, quantifiable outcome that establishes the desired level of attainment on a measure.

(36) "Technical advisory panel" means the panel of state and national experts on the longitudinal measurement of academic growth for accountability purposes appointed by the commissioner pursuant to section 22-11-202 (2).

(37) "Turnaround plan" means:

(a) The plan described in and adopted by a school district pursuant to section 22-11-306, in which case it may also be referred to more specifically as a "district turnaround plan";

(b) The plan described in and adopted by the institute pursuant to section 22-11-306, in which case it may also be referred to more specifically as an "institute turnaround plan"; or

(c) The plan described in and adopted by a public school pursuant to section 22-11-406, in which case it may also be referred to more specifically as a "school turnaround plan".
C.R.S. § 22-7-604.3 — CO Code / Title 22 / Article 7 / Part 6 / Section 22-7-604.3
22-7-604.3. Academic growth calculation - model - rule-making
Status: repealed

22-7-604.3. Academic growth calculation - model - rule-making. (Repealed)
C.R.S. § 22-43.7-104 — CO Code / Title 22 / Article 43.7 / Part 1 / Section 22-43.7-104
22-43.7-104. Public school capital construction assistance fund - creation - crediting of mon
Status: reserved

22-43.7-104. Public school capital construction assistance fund - creation - crediting of money to fund - use of fund - emergency reserve - creation - reserve account - creation and use. (1) The public school capital construction assistance fund is hereby created in the state treasury. The principal of the assistance fund shall consist of all moneys transferred or credited to the assistance fund pursuant to subsection (2) of this section. All interest and income earned on the deposit and investment of moneys in the assistance fund shall be credited to the assistance fund and shall not be transferred to the general fund or any other fund at the end of any fiscal year.

(2) (a) On July 1, 2008, the following moneys shall be transferred to the assistance fund:

(I) All moneys remaining in the school construction and renovation fund, as said fund existed prior to July 1, 2008;

(II) All moneys remaining in the school capital construction expenditures reserve and the school capital construction expenditures reserve fund as said reserve and reserve fund existed prior to July 1, 2008; and

(III) All moneys remaining in the lottery proceeds contingency reserve fund as said fund existed prior to July 1, 2008.

(b) For each fiscal year commencing on or after July 1, 2008, the following money shall be credited to the assistance fund:

(I) (A) Unless and until the state treasurer, pursuant to subsection (2)(b)(I)(B) of this section, provides written notice to the joint budget committee of the general assembly that the state treasurer has determined that the use of interest or income earned on the deposit and investment of money in the public school fund to make payments under a financed purchase of an asset or certificate of participation agreement entered into pursuant to section 22-43.7-110 (2) will prevent the interest component of the payments from qualifying for exemption from federal income taxation, the greater of thirty-five percent of the gross amount of public school lands income received during the fiscal year or forty million dollars. The money required to be credited to the assistance fund pursuant to this subsection (2)(b)(I)(A) may be taken from any single source or combination of sources of public school lands income.

(B) Except as otherwise provided in subsection (2)(b)(I)(C) of this section, if the state treasurer determines during any fiscal year that the use of interest or income earned on the deposit and investment of money in the public school fund to make payments under a financed purchase of an asset or certificate of participation agreement will prevent the interest component of the payments from qualifying for exemption from federal income taxation and provides written notice to the joint budget committee of the general assembly of the determination, for the portion of the fiscal year beginning on the date the written notice is provided to the joint budget committee and for each subsequent fiscal year, the greater of fifty percent of the gross amount of public school lands income other than interest or income earned on the deposit and investment of money in the public school fund received during the fiscal year or forty million dollars. The money required to be credited to the assistance fund pursuant to this subsection (2)(b)(I)(B) may be taken from any single source or combination of sources of public school lands income other than interest or income earned on the deposit and investment of money in the public school fund.

(C) If, after making a determination and providing notice pursuant to subsection (2)(b)(I)(B) of this section, the state treasurer makes a new determination during any fiscal year that the use of interest or income earned on the deposit and investment of money in the public school fund to make payments under a financed purchase of an asset or certificate of participation agreement entered into pursuant to section 22-43.7-110 (2) will not prevent the interest component of the payments from qualifying for exemption from federal income taxation and the state treasurer provides written notice to the joint budget committee of the general assembly that the state treasurer has made a new determination and is rescinding the determination made pursuant to subsection (2)(b)(I)(B) of this section as of the date the written notice is provided, for the portion of the fiscal year beginning on the date the written notice is provided to the joint budget committee and for each subsequent fiscal year, the greater of thirty-five percent of the gross amount of public school lands income received during the fiscal year or forty million dollars. The money required to be credited to the assistance fund pursuant to this subsection (2)(b)(I)(C) may be taken from any single source or combination of sources of public school lands income.

(II) The net proceeds made available to the state from the sale of instruments evidencing rights to receive payments made and to be made under the terms of any financed purchase of an asset or certificate of participation agreement entered into pursuant to section 22-43.7-110 (2), unless otherwise required by the documents pursuant to which the instruments are issued;

(III) Any money transferred to the assistance fund under section 44-40-111 (12). The money transferred to the assistance fund pursuant to this subsection (2)(b)(III) and any income and interest derived from the deposit and investment of such money is exempt from any restriction on spending, revenue, or appropriations, including, without limitation, the restrictions of section 20 of article X of the state constitution.

(IV) Matching money paid to the state for use by the state in making scheduled payments payable by the state under the terms of financed purchase of an asset or certificate of participation agreements entered into pursuant to section 22-43.7-110 (2);

(V) Any moneys transferred or appropriated to the assistance fund pursuant to subsection (5) of this section.

(c) Reserved.

(d) (I) For the state fiscal year commencing July 1, 2018, the state treasurer, as provided in section 39-28.8-305 (1)(a), shall credit to the assistance fund the greater of the first forty million dollars received and collected from the excise tax on retail marijuana imposed pursuant to part 3 of article 28.8 of title 39 or ninety percent of the money received and collected from the tax. For the state fiscal year commencing July 1, 2019, and for each state fiscal year thereafter except for the state fiscal year commencing July 1, 2020, the state treasurer, as provided in section 39-28.8-305 (1)(a), shall annually credit to the assistance fund all of the money received and collected from the excise tax on retail marijuana imposed pursuant to part 3 of article 28.8 of title 39. For the state fiscal year commencing July 1, 2020, the state treasurer, as provided in section 39-28.8-305 (1)(a), shall credit to the assistance fund the lesser of the first forty million dollars received and collected from the excise tax on retail marijuana imposed pursuant to part 3 of article 28.8 of title 39 or all of the money received and collected from the tax. For state fiscal years commencing before July 1, 2019, the state treasurer shall credit twelve and five-tenths percent of the amount annually credited pursuant to this subsection (2)(d) to the charter school facilities assistance account, which account is created within the assistance fund. For each state fiscal year commencing on or after July 1, 2019, the state treasurer shall credit to the charter school facilities assistance account a percentage of the amount credited pursuant to this subsection (2)(d) that is equal to the percentage of pupil enrollment, as defined in section 22-54-103 (10), statewide represented by pupils who were enrolled in charter schools for the prior school year. The department of education shall notify the state treasurer of the applicable percentage no later than June 1 of the immediately preceding fiscal year.

(II) In addition to the credit made to the charter school facilities assistance account pursuant to subsection (2)(d)(I) of this section, the state treasurer shall credit the following amounts to the charter school facilities assistance account from the public school capital construction assistance fund:

(A) For the state fiscal year commencing on July 1, 2024, eleven million five hundred thousand dollars;

(B) For the state fiscal year commencing on July 1, 2025, twelve million dollars;

(C) For the state fiscal year commencing on July 1, 2026, thirteen million dollars;

(D) For the state fiscal year commencing on July 1, 2027, fourteen million dollars; and

(E) For the state fiscal year commencing on July 1, 2028, fifteen million dollars.

(III) If eligibility criteria are satisfied, the department shall apply for a state charter school facilities incentive grant awarded by the United States department of education.

(e) On May 21, 2019, if possible, or as soon as possible thereafter, the state treasurer shall transfer four million two hundred fifty thousand dollars from the assistance fund to the charter school facilities assistance account of the assistance fund created in subsection (2)(d) of this section.

(f) On July 1, 2020, the state treasurer shall transfer one hundred million dollars from the assistance fund to the state public school fund created in section 22-54-114 (1).

(g) The assistance fund includes seventy million dollars, which the state treasurer is required to transfer from the marijuana tax cash fund created in section 39-28.8-501 (1) in two installments, with the first on June 1, 2022, and the second on June 1, 2024, pursuant to section 39-28.8-501 (4.8).

(h) On June 16, 2021, if possible, or as soon as possible thereafter, the state treasurer shall transfer ten million dollars from the general fund to the assistance fund. Notwithstanding subsection (3)(a) of this section, the money transferred pursuant to this subsection (2)(h) shall be used only to provide financial assistance in the form of grants as authorized in section 22-43.7-109 (15).

(i) On June 1, 2023, the state treasurer shall transfer fifteen million dollars from the state education fund to the assistance fund.

(3) Subject to annual appropriation, the department may expend money in the assistance fund for the purposes of paying the direct and indirect administrative costs, including but not limited to the costs of conducting or contracting for the financial assistance priority assessment required by section 22-43.7-108 (1), incurred by the division, the board, and the department in exercising their powers and duties pursuant to this article 43.7, providing financial assistance, making payments required by section 22-43.7-114, and paying any transaction costs necessarily incurred in connection with the provision of financial assistance as authorized by this article 43.7. For state fiscal year 2020-21, the general assembly shall appropriate sixty million dollars from the assistance fund for use by the board in providing financial assistance in the form of matching cash grants only.

(3.5) In determining the amount of financial assistance that it provides and in so doing managing the balance of the assistance fund, the board shall ensure that, effective June 30, 2013, and effective each June 30 thereafter, the balance of the assistance fund, not including the amounts credited to the charter school facilities assistance account pursuant to subsection (2)(d) of this section, is at least equal to the total amount of payments to be made by the state during the next fiscal year under the terms of any financed purchase of an asset or certificate of participation agreements entered into pursuant to section 22-43.7-110 (2) less the amount of any school district matching money and any federal money to be received for the purpose of making the payments.

(4) For each fiscal year commencing on or after July 1, 2008, an emergency reserve of at least one million dollars shall be maintained in the assistance fund; except that an emergency reserve need not be maintained in any fiscal year in which the amount of either public school lands income or public school lands income other than interest or income earned on the deposit and investment of money in the public school fund, or both, credited to the assistance fund pursuant to subsection (2)(b)(I) of this section is an amount equal to the difference between the total amount of payments to be made by the state under the terms of financed purchase of an asset or certificate of participation agreements entered into pursuant to section 22-43.7-110 (2) and the total amount of matching money to be paid to the state as payments under the terms of financed purchase of an asset or certificate of participation agreements entered into pursuant to section 22-43.7-110 (2) rather than, to the extent applicable, thirty-five percent of the gross amount of public school lands income received by the state during the fiscal year or fifty percent of the gross amount of public school lands income other than interest or income earned on the deposit and investment of money in the public school fund received by the state during the fiscal year. The board may expend money from the emergency reserve only to provide emergency financial assistance to address a public school facility emergency in accordance with section 22-43.7-109 (8).

(5) If the state treasurer, pursuant to subsection (2)(b)(I)(B) of this section, provides written notice to the joint budget committee of the general assembly that the state treasurer has determined that the use of interest or income earned on the deposit and investment of money in the public school fund to make payments under a financed purchase of an asset or certificate of participation agreement entered into pursuant to section 22-43.7-110 (2) will prevent the interest component of the payments from qualifying for exemption from federal income taxation, any such interest or income credited to the assistance fund before the treasurer provides the written notice shall be segregated into a separate restricted account of the assistance fund. All interest and income earned on the deposit and investment of money in the restricted account shall be credited to the restricted account. Money in the restricted account shall not be commingled with other money in the assistance fund. Notwithstanding any other provision of law, money in the restricted account shall not be used and shall not be available to pay payments under any financed purchase of an asset or certificate of participation agreements entered into pursuant to section 22-43.7-110 (2) unless and until the state treasurer, pursuant to subsection (2)(b)(I)(C) of this section, provides written notice to the joint budget committee of the general assembly that the state treasurer is rescinding the determination made pursuant to subsection (2)(b)(I)(B) of this section as of the date the written notice is provided. Money in the restricted account may be used for the other purposes for which money in the assistance fund may be used under this article 43.7.

(6) If the amount of money in the assistance fund that, subject to the limitations set forth in subsection (5) of this section, is available to pay payments under any financed purchase of an asset or certificate of participation agreements entered into pursuant to section 22-43.7-110 (2) will be insufficient to cover the full amount of the payments required by the financed purchase of an asset or certificate of participation agreements, the general assembly may appropriate or transfer from any legally available source to the assistance fund sufficient money to make the payments.
C.R.S. § 22-55-101 — CO Code / Title 22 / Article 55 / Section 22-55-101
22-55-101. Legislative declaration
Status: in_force

22-55-101. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) Section 17 of article IX of the state constitution, which was approved by the registered electors of this state at the 2000 general election, requires the general assembly to increase funding for preschool through twelfth grade public education and for categorical programs;

(b) Specifically, section 17 of article IX of the state constitution requires:

(I) A specified percentage of state income tax revenues collected on income earned on or after December 28, 2000, to be diverted to a newly created state education fund from which moneys may be appropriated only for specified education-related purposes;

(II) The general assembly to annually increase the statewide base per pupil funding for public education from preschool through the twelfth grade and total state funding for all categorical programs by at least the rate of inflation plus one percentage point for state fiscal years 2001-02 through 2010-11, and by at least the rate of inflation for state fiscal year 2011-2012 and each succeeding state fiscal year; and

(III) The general assembly to annually increase the general fund appropriation for total program education funding under the "Public School Finance Act of 1994", article 54 of this title, or any successor act, for each state fiscal year from 2001-02 through 2010-11 by at least five percent over the amount of the prior year's general fund appropriation for total program education funding, unless Colorado personal income grows less than four and one-half percent between the two calendar years preceding the state fiscal year in which an appropriation is made.

(2) The general assembly further finds and declares that:

(a) It is the duty and intent of the general assembly to comply with the requirements of section 17 of article IX of the state constitution;

(b) It is within the legislative prerogative of the general assembly to enact legislation to implement section 17 of article IX of the state constitution that will ensure compliance with the requirements of said section 17 of article IX and facilitate its operation;

(c) In enacting legislation to implement section 17 of article IX of the state constitution:

(I) The general assembly has attempted to interpret the provisions of section 17 of article IX of the state constitution in a manner that gives its words their natural and obvious significance;

(II) The general assembly has attempted to ascertain the intent of the proponents who initiated section 17 of article IX of the state constitution and the voters who adopted it and to apply other generally accepted rules of constitutional construction where the meaning of said section 17 of article IX is uncertain.

(3) The general assembly further finds and declares that:

(a) Because the amount of funding provided for the prior state fiscal year plays a significant role in the calculation of the minimum amount of the increase in state appropriations for education required for each state fiscal year by section 17 of article IX of the state constitution, the amount of money that the state will be required to spend for education funding for each state fiscal year will increase dramatically over time due to a compounding effect;

(b) Since section 17 of article IX of the state constitution does not create any new tax, increase the rate of any existing tax, or otherwise increase the amount of revenues that will be collected by the state, some of the increases in state education funding that said section 17 of article IX requires will affect the amount of money available to fund other state programs and services;

(c) In enacting legislation to implement section 17 of article IX of the state constitution, it is the duty, intent, and legislative prerogative of the general assembly to mitigate any adverse impact that the state education funding requirements of said section 17 of article IX may have on the financial condition of the state and other state programs and services by ensuring that moneys are credited to the state education fund, invested while in the fund, and expended from the fund in a manner that will ensure that the fund remains viable and that fund moneys will always be available to meet a significant portion of the long-term state education funding requirements of said section 17 of article IX.

(d) This article reflects the considered judgment of the general assembly regarding the meaning and implementation of the provisions of section 17 of article IX of the state constitution.
C.R.S. § 22-42-104 — CO Code / Title 22 / Article 42 / Section 22-42-104
22-42-104. Limit of bonded indebtedness
Status: in_force

22-42-104. Limit of bonded indebtedness. (1) Except as provided in subsections (1.3), (1.4), and (1.6) of this section, the limit on bonded indebtedness of a school district is the greater of the following:

(a) Twenty percent of the latest valuation for assessment of the taxable property in such district, as certified by the county assessor to the board of county commissioners; or

(b) Six percent of the most recent determination of the actual value of the taxable property in the district, as certified by the county assessor to the board of county commissioners.

(1.2) For bonded indebtedness issued after June 1, 2011, the valuation for assessment of taxable property for the purposes of this section shall be the valuation for assessment of taxable property in the district as it existed on the December 10 prior to the date of issuance of the bonded indebtedness. The county assessor for the board of county commissioners shall report the valuation for assessment of taxable property in the district to the district and the department of education on each December 10.

(1.3) Notwithstanding the provisions of paragraph (a) of subsection (1) of this section and except as provided in subsection (1.4) of this section, the limit on bonded indebtedness of a school district is the greater of the limit determined pursuant to paragraph (b) of subsection (1) of this section or twenty-five percent of the latest valuation for assessment of the taxable property in the district, as certified by the county assessor to the board of county commissioners, for any bonded indebtedness approved at any election held on or after July 1, 1994, but before July 1, 2014, if the commissioner of education or the commissioner's designee certifies that for each of the preceding three fiscal years, or for three consecutive fiscal years that include the fiscal year in which the certification is made, the pupil enrollment or the funded pupil count of the district as of the pupil enrollment count day, whichever is applicable, has increased:

(a) By two and one-half percent or more over the preceding year, if the district has a pupil enrollment or funded pupil count, whichever is applicable, of at least one thousand pupils;

(b) By twenty-five or more pupils over the preceding year, if the district has a pupil enrollment or funded pupil count, whichever is applicable, of less than one thousand pupils.

(1.4) For any bonded indebtedness approved at the 2008 general election, the limit on bonded indebtedness of a school district shall be the greater of the limit determined pursuant to subsection (1.3) of this section or thirty percent of the latest valuation for assessment of the taxable property in such district, as certified by the county assessor to the board of county commissioners, if the commissioner of education or the commissioner's designee certifies that for each of the preceding three fiscal years, or for three consecutive fiscal years that include the fiscal year in which the certification is made, the pupil enrollment or the funded pupil count of the district as of the pupil enrollment count day, whichever is applicable, increased:

(a) By two and one-half percent or more over the preceding year, if the district has a pupil enrollment or funded pupil count, whichever is applicable, of at least one thousand pupils; or

(b) By twenty-five or more pupils over the preceding year, if the district has a pupil enrollment or funded pupil count, whichever is applicable, of less than one thousand pupils.

(1.5) The debt limit provided in subsection (1.3) or (1.6) of this section applies to a district only as long as the conditions of subsection (1.3) or (1.6) of this section are met. In a year in which the conditions of said subsection (1.3) or (1.6) are not met, the debt limit is the limit set forth in subsection (1) of this section; except that the validity of bonded indebtedness incurred in any year in which the debt limit in said subsection (1.3) or (1.6) applies is not affected by a subsequent reduction in the district's debt limit.

(1.6) Notwithstanding the provisions of paragraph (a) of subsection (1) of this section and except as provided in subsection (1.4) of this section, the limit on bonded indebtedness of a school district is the greater of the limit determined pursuant to paragraph (b) of subsection (1) of this section or twenty-five percent of the latest valuation for assessment of the taxable property in the district, as certified by the county assessor to the board of county commissioners, for bonded indebtedness approved at an election held on or after July 1, 2014, if the commissioner of education or the commissioner's designee certifies that:

(a) For a district that has a pupil enrollment or funded pupil count, whichever is applicable, of one thousand pupils or more, the average of the annual percentage increases in the district's pupil enrollment or funded pupil count as of the pupil enrollment count day for the three preceding fiscal years or the five preceding fiscal years, whichever is higher, is at least two and one-half percent;

(b) For a district that has a pupil enrollment or funded pupil count, whichever is applicable, of fewer than one thousand pupils, the average of the annual increases in the district's pupil enrollment or funded pupil count as of the pupil enrollment count day for the three preceding fiscal years or the five preceding fiscal years, whichever is higher, is at least twenty-five pupils.

(2) The indebtedness of the former districts or parts of districts, constituting any new district, shall not be considered in fixing the limit of bonded indebtedness; but, if any school district shall assume the bonded indebtedness of any district or districts, or a proportionate share thereof, existing at the time of inclusion in the assuming school district, pursuant to law, such bonded indebtedness shall be included in the limit of bonded indebtedness.

(3) The permission to incur additional bonded indebtedness, granted by the property tax administrator in the division of property taxation of the department of local affairs, and any school district bonds issued pursuant thereto on or after May 10, 1972, are hereby validated. This subsection (3) shall not be construed to grant authority to incur bonded indebtedness in excess of the limit of bonded indebtedness.

(4) The validity of bonded indebtedness incurred in any year shall not be affected by a subsequent reduction in the district's limit of bonded indebtedness caused by a decrease in the valuation for assessment or actual value of taxable property in the district.
C.R.S. § 22-1-110.5 — CO Code / Title 22 / Article 1 / Section 22-1-110.5
22-1-110.5. Education regarding human sexuality - prior written notice to parent - content s
Status: repealed

22-1-110.5. Education regarding human sexuality - prior written notice to parent - content standards. (Repealed)
C.R.S. § 22-54-116 — CO Code / Title 22 / Article 54 / Section 22-54-116
22-54-116. Notice to taxpayers - assistance by department of education
Status: in_force

22-54-116. Notice to taxpayers - assistance by department of education. The department of education shall assist each district in complying with the requirements of section 22-40-102 (6), concerning notice to taxpayers of the reduced mill levy attributable to funds received pursuant to this article.
C.R.S. § 22-20-102 — CO Code / Title 22 / Article 20 / Part 1 / Section 22-20-102
22-20-102. Legislative declaration
Status: in_force

22-20-102. Legislative declaration. (1) The general assembly, recognizing the obligation of the state of Colorado to provide educational opportunities to all children that will enable them to lead fulfilling and productive lives, declares that the purpose of this article is to provide means for identifying and educating those children who are exceptional. To this end, it is necessary to define specific responsibilities for identifying and serving children with disabilities that appropriately reflect the continuum of services that recognizes the capabilities of all state agencies, including special classes in public schools and the establishment of special schools, programs for children with disabilities who are confined to their homes or hospitals, and instruction in institutions of the state for children with disabilities. The final determination for the placement in a special education program of any eligible child with a disability shall be made by a child's individual family service program for a child from birth through two years of age and a child's individualized education program team for a child from three to twenty-one years of age as designated by the governing board of the responsible administrative unit or by the governing authority of a state-operated program.

(2) It is the intent of the general assembly, in keeping with accepted educational principles, that children from three to twenty-one years of age with disabilities shall be educated in the least restrictive environment to the maximum extent appropriate. To this end, the services of special education personnel shall be utilized within the general school programs to the maximum extent permitted by good educational practices, both in rendering services directly to children and in providing consultative services to general classroom teachers.

(3) It is further the intent of this part 1 to ensure that there is a coordination of all services available to children with disabilities and to promote interagency operating agreements or contracts between administrative units, other public agencies, nonprofit organizations, and approved facility schools for the provision of appropriate services for children with disabilities.

(4) It is further the intent of the general assembly that this part 1, and the rules promulgated pursuant to this part 1 by the state board, align closely with the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and its implementing regulations, 34 CFR part 300 and 34 CFR part 303 as it pertains to child find, in order to minimize the number of rules, regulations, and policies to which administrative units, state-operated programs, and approved facility schools are subject.

(5) Nothing in this part 1 shall be construed to affect the placement of children out of the home or alternatives to such placements as provided in section 19-1-116, C.R.S.
C.R.S. § 22-32-114 — CO Code / Title 22 / Article 32 / Section 22-32-114
22-32-114. Transportation by parents of own children
Status: in_force

22-32-114. Transportation by parents of own children. Notwithstanding the provisions of section 42-4-1904, C.R.S., the board of a school district shall not require a parent or guardian to comply with said statutes and school bus regulations when such parent or guardian shall transport only his or her own child or children, even though the board may reimburse such parent or guardian for expenses incurred in furnishing such transportation.
C.R.S. § 22-25-104 — CO Code / Title 22 / Article 25 / Section 22-25-104
22-25-104. Colorado comprehensive health education program - role of department of educatio
Status: repealed

22-25-104. Colorado comprehensive health education program - role of department of education - recommended curriculum guidelines - allocation of funds - rules. (1) There is hereby created the Colorado comprehensive health education program, which shall be a voluntary program in which school districts, boards of cooperative services, and facility schools may participate through the creation of local comprehensive health education programs, which may include coordination with local student wellness programs. Implementation of the Colorado comprehensive health education program shall be a cooperative effort among the department of education, the Colorado commission on higher education, the department of public health and environment and other health education professionals, and participating school districts and boards of cooperative services.

(2) The department of education has the authority to promote the development and implementation of local comprehensive health education programs and local student wellness programs, including programs that address the mental health impacts of social media use by youth.

(3) (a) With the assistance of parents, school districts, the department of public health and environment, the Colorado commission on higher education, and other interested parties, the department of education shall develop recommended guidelines for the implementation of local comprehensive health education programs and local student wellness programs. The guidelines developed pursuant to this subsection (3) must comply with the requirements of section 22-1-128 and shall apply to all school districts.

(b) The guidelines developed by the department of education pursuant to paragraph (a) of this subsection (3) shall include, but shall not be limited to, the following for preschool, kindergarten, and grades one through twelve:

(I) The recommended information and topics to be covered in the local comprehensive health education program or local student wellness program and the recommended methods of instruction to be used by teachers for such program;

(II) The recommended hours of instruction required to ensure that positive health knowledge, attitudes, and practices are achieved and maintained by the students;

(III) The recommended hours of instruction in physical education required to ensure that students not only develop healthy muscular and cardiovascular systems, but that they also develop skills and knowledge to enable them to remain active and healthy throughout their lifetimes; and

(IV) The recommended training the school district, the facility school, or board of cooperative services may require for staff who instruct in local comprehensive health education programs or local student wellness programs.

(c) (I) The guidelines developed by the department of education pursuant to subsection (3)(a) of this section for grades nine through twelve must include curriculum for cardiopulmonary resuscitation and the use of an automated external defibrillator. The curriculum must include a training and education program included on the list maintained by the office of cardiac arrest management pursuant to section 25-53-202, and the instruction must:

(A) Incorporate the psychomotor skills necessary to perform cardiopulmonary resuscitation; and

(B) Use an automated external defibrillator.

(II) All schools that provide instruction to students in grades nine through twelve are strongly encouraged to implement the curriculum developed pursuant to this subsection (3)(c).

(d) The guidelines developed by the department of education pursuant to subsection (3)(a) of this section for grades six through twelve must strongly encourage including curriculum on the mental health impacts of social media use by youth.

(4) (a) The department of education shall develop a plan for the training of teachers to provide comprehensive health education and student wellness and shall promote the proper training of staff in health education and in student wellness programs.

(b) As part of the plan to train teachers to instruct in comprehensive health education and student wellness, the Colorado department of education and the Colorado commission on higher education shall cooperatively develop course work or instructor endorsements in health, physical education, and high-risk behaviors education in order that both interested students seeking teacher licensure and practicing teachers may secure endorsement in health education, physical education, and other areas of student wellness.

(4.5) (a) The department of education shall identify programs that are evidence-based, culturally sensitive, and reflective of positive youth development guidelines for use by school districts in local comprehensive health education programs related to comprehensive human sexuality education.

(b) The department of education shall convene a stakeholder group to identify scholarly articles, programs, and resources that are evidence-based, culturally sensitive, and reflective of positive youth development guidelines for optional use by local education providers in local comprehensive health education programs related to technology use, brain development, and the physical and mental impacts of social media use.

(5) Upon the request of a school district or board of cooperative services, the department of education shall provide, within available resources, such technical assistance as may be necessary to develop a local comprehensive health education program or local student wellness program.

(6) (a) Any curriculum and materials developed and used in teaching sexuality and human reproduction shall include values and responsibility and shall give primary emphasis to abstinence by school aged children.

(b) Repealed.

(c) The provisions of paragraph (d) of this subsection (6) shall not apply to a local comprehensive health education program provided by a facility school.

(d) For those schools receiving funds pursuant to this article, school officials must receive prior written consent from a parent or guardian before his or her child is excluded from any program discussing or teaching sexuality and human reproduction. At least two weeks prior to when instruction begins for such a program, each parent must receive an overview of the topics and materials to be presented in the curriculum and a written form allowing him or her to decline to have his or her child participate in the program.

(7) The department of education shall promulgate, in accordance with article 4 of title 24, C.R.S., such rules and regulations as may be necessary to carry out the duties of the department of education as set forth in this article.
C.R.S. § 22-2-408 — CO Code / Title 22 / Article 2 / Part 4 / Section 22-2-408
22-2-408. Approved facility schools - funding
Status: in_force

22-2-408. Approved facility schools - funding. (1) For the 2008-09 budget year and for each budget year thereafter, each approved facility school shall submit its pupil enrollment to the department and receive funding from the department in accordance with the provisions of section 22-54-129.

(2) (a) For the 2009-10 budget year, through the 2021-22 budget year, the department shall annually withhold two percent of the amount payable to each approved facility school. For the 2022-23 budget year, the department shall withhold four percent of the amount payable to each approved facility school. The amount withheld shall be allocated to the office to offset the costs incurred by the office and the facility schools board in implementing this part 4.

(b) For the 2023-24 budget year, and for each budget year thereafter, funding for the administration of the office is provided through a separate appropriation.

(3) In state fiscal year 2021-22 only, and within available appropriations, the department shall distribute supplemental payments to facility schools approved by the department as of October 1, 2021. The supplemental payments must be above and beyond the current daily per pupil revenue rate as established for the 2021-22 state fiscal year. The department shall determine the method through which the supplemental payments are distributed to all approved facility schools and shall ensure that the supplemental payments made pursuant to this subsection (3) are paid to the approved facility school prior to June 30, 2022.

(4) In state fiscal year 2022-23 only, and within available appropriations, the department shall distribute supplemental payments to approved facility schools that are approved by the department as of October 1, 2022. The supplemental payments must be above and beyond the current daily per pupil revenue rate as established for the 2022-23 state fiscal year. The department shall determine the method through which the supplemental payments are distributed to all approved facility schools and shall ensure that the supplemental payments made pursuant to this subsection (4) are paid to the approved facility schools prior to June 30, 2023.
C.R.S. § 22-60.5-309 — CO Code / Title 22 / Article 60.5 / Part 3 / Section 22-60.5-309
22-60.5-309. Approved induction programs - initial administrator licensees
Status: in_force

22-60.5-309. Approved induction programs - initial administrator licensees. (1) Any approved induction program of a school district or districts, charter school, the institute, or nonpublic school for initial administrator licensees may include, but shall not be limited to, supervision by mentor administrators; ongoing professional development and training, including ethics; and performance evaluations. Such school district or districts, charter school, the institute, or nonpublic school may enter into agreements with accepted institutions of higher education in regard to the organization, management, and operation of an approved induction program, or any portion thereof. The school district's or districts' performance evaluations must be conducted in accordance with section 22-9-106; however, the state board of education may provide by rule for performance evaluations by mentor administrators.

(2) The approved induction program of any individual initial administrator licensee may be extended if deemed necessary by the school district or districts, charter school, the institute, or nonpublic school providing such program; however, such program shall not exceed a maximum of three years.

(3) The state board of education shall, by rule and regulation, establish standards and criteria for the approval of proposed induction programs for initial administrator licensees and for the review of approved induction programs for initial administrator licensees. Such rules and regulations shall provide for such standards and criteria to be fully implemented on and after July 1, 1999, and shall provide for the gradual implementation of such standards and criteria over the five-year period prior to said date. Such standards and criteria shall, at a minimum, provide multiple approaches and options in regard to the provision of approved induction programs which take into consideration factors which the state board of education deems appropriate. Such factors shall include, but shall not be limited to, the setting categories and geographical location of school districts, the costs of providing approved induction programs, and the availability of state moneys to fund, in whole or in part, approved induction programs.
C.R.S. § 22-7-1004 — CO Code / Title 22 / Article 7 / Part 10 / Section 22-7-1004
22-7-1004. School readiness description - school readiness assessment - adoption - revision
Status: in_force

22-7-1004. School readiness description - school readiness assessment - adoption - revisions. (1) On or before December 15, 2008, the state board shall adopt a description of school readiness. The state board, in adopting the school readiness description shall ensure that, at a minimum, school readiness includes physical well-being and motor development, social and emotional development, language and comprehension development, and cognition and general knowledge.

(2) (a) On or before December 15, 2010, the state board shall adopt one or more assessments that are aligned with the description of school readiness and are suitable for measuring students' levels of school readiness. In adopting assessments of students' school readiness, the state board shall consider assessments that are research-based; recognized nationwide as reliable instruments for measuring school readiness; and suitable for determining the instruction and interventions students need to improve their readiness to succeed in school. School readiness assessments shall not be used to deny a student admission or progression to kindergarten or first grade.

(b) School readiness assessment results shall not be publicly reported for individual students. Following adoption of the school readiness assessment, the state board shall adopt a system for reporting population-level results that provide baseline data for measuring overall change and improvement in students' skills and knowledge over time.

(3) (a) On or before July 1, 2017, and on or before July 1 every six years thereafter, the state board shall review the school readiness description and shall adopt any appropriate revisions to the description. The state board shall review the school readiness assessments and adopt any appropriate revisions to the school readiness assessments when the board reviews the assessments as specified in section 22-7-1006 (5).

(b) The state board shall ensure that any revisions adopted pursuant to this subsection (3) continue to meet the requirements for the description of school readiness and the school readiness assessments specified in this section.
C.R.S. § 22-82.7-101 — CO Code / Title 22 / Article 82.7 / Section 22-82.7-101
22-82.7-101. Short title
Status: in_force

22-82.7-101. Short title. This article shall be known and may be cited as the "Start Smart Nutrition Program Act".
C.R.S. § 22-1-141 — CO Code / Title 22 / Article 1 / Section 22-1-141
22-1-141. Legal representation - due process complaints - appointments - report - definiti
Status: repealed

22-1-141. Legal representation - due process complaints - appointments - report - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) "Administrative unit" has the same meaning set forth in section 22-20-103.

(b) "Colorado nonprofit legal organization" or "nonprofit organization" means a Colorado nonprofit legal organization that focuses on special education law, provides affordable legal services, and operates pursuant to section 501 (c)(3) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501, as amended.

(c) "Department" means the department of education created in section 24-1-115.

(d) "Parent" means a parent, guardian, or legal custodian of, or entity with educational decision-making authority for, a student with a disability or a student who may be eligible for special education services.

(e) "Procedural safeguard notice" means the required notice provided to parents containing an explanation of the available procedural safeguards pursuant to the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and federal department of education regulations.

(f) "State-operated program" has the same meaning set forth in section 22-20-103.

(g) "Student with disabilities" has the same meaning as "children with disabilities" set forth in section 22-20-103.

(2) On or before August 1, 2023, the department shall enter into a service agreement with a nonprofit organization to create and maintain a list of attorneys qualified to represent a parent in a due process complaint filed by an administrative unit or state-operated program pursuant to section 22-20-108 (3) concerning issues disputed in a state complaint in which the parent prevailed. The service agreement is for five years. The nonprofit organization may consider an attorney to be qualified if the attorney demonstrates a history of practice in special education law. The nonprofit organization shall update the list on an annual basis.

(3) A parent described in subsection (2) of this section may contact the nonprofit organization for an attorney appointment. The nonprofit organization shall appoint an attorney from the list of attorneys described in subsection (2) of this section to represent the parent in a due process complaint that an administrative unit or a state-operated program files pursuant to section 22-20-108 (3) concerning issues disputed in a state complaint in which the parent prevailed. The nonprofit organization shall rotate the attorneys on the list to distribute due process complaint cases evenly among the attorneys on the list.

(4) (a) The department shall annually provide the nonprofit organization twenty thousand dollars to pay attorneys appointed pursuant to subsection (3) of this section and to create, maintain, and administer the list of attorneys pursuant to subsection (2) of this section. The nonprofit organization may retain unspent money at the end of a budget year.

(b) If there is any unspent money at the end of the five-year service agreement, the nonprofit organization shall return the unspent money to the department. The department shall transmit all money received from the nonprofit organization to the state treasurer, who shall credit the money to the general fund.

(5) The department shall include information regarding the appointment of attorneys described in subsection (3) of this section in the procedural safeguard notice, in materials distributed to parents describing due process complaint procedures, and following a decision the department renders concerning a dispute pursuant to section 22-20-108 (3). The department shall prominently display the nonprofit organization's website on the department's website.

(6) On or before September 1, 2024, and each September 1 thereafter through September 1, 2028, the nonprofit organization shall report to the department the following:

(a) The number of attorneys appointed to parents in due process complaint procedures pursuant to section 22-20-108 (3);

(b) The costs associated with each due process complaint case; and

(c) The amount of unspent money the nonprofit organization retains at the end of the budget year.

(7) This section is repealed, effective July 1, 2029.
C.R.S. § 22-54-117 — CO Code / Title 22 / Article 54 / Section 22-54-117
22-54-117. Contingency reserve - fund - repeal
Status: repealed

22-54-117. Contingency reserve - fund - repeal. (1) (a) For the 2007-08 fiscal year and fiscal years thereafter, the general assembly shall annually determine the amount to appropriate to the contingency reserve fund, which is created in the state treasury. In deciding the amount to appropriate to the contingency reserve fund, the general assembly may take into consideration any recommendations made by the department of education, but nothing in this section obligates the general assembly to provide supplemental assistance to all districts that are found to be in need or to fully fund the total amount of such need. The state board may approve and order payments from the contingency reserve fund for supplemental assistance to districts determined to be in need as the result of any or all of the following circumstances:

(I) Financial emergencies caused by an act of God or arising from extraordinary problems in collecting taxes;

(II) Financial emergencies arising from the nonpayment of property taxes pending the outcome of an administrative appeal or litigation or both challenging the inclusion of the value of certain property in a county's abstract of assessment, which resulted from a change in the applicable state law;

(III) The amount of property tax levied and collected pursuant to section 39-10-114, C.R.S., is insufficient for the purpose of making abatements and refunds of property taxes that the district is required to make pursuant to that section;

(IV) A contingency that could not have been reasonably foreseen when the district adopted the annual budget, including but not limited to reductions in valuation of the district in excess of twenty percent as described in section 39-10-114 (1)(a)(I)(B.5), C.R.S.;

(V) Unusual financial burden caused by the instruction of children who formerly resided outside the district but are assigned to live within the district by courts or public welfare agencies. Supplemental assistance under this circumstance must not exceed the additional cost for current operations that the district incurs as a result of this circumstance.

(VI) Unusual financial burden caused by the instruction of children who move into the district after the pupil enrollment count date. Supplemental assistance under this circumstance must not exceed the additional cost that the district incurs due to the increase in pupil enrollment. The provisions of this subparagraph (VI) are available only to districts with a funded pupil count of two thousand pupils or fewer.

(VII) Unusual financial burden caused by a significant decline in pupil enrollment as a result of detachment and annexation pursuant to a reorganization plan approved pursuant to article 30 of this title.

(VIII) (A) Commencing with the 2016-17 budget year, unusual financial burden caused by a significant reduction in the assessed value of real property in a district whose state share of total program funding pursuant to section 22-54-106 before the application of the budget stabilization factor pursuant to section 22-54-104 (5)(g) was less than one-half of one percent of the district's total program funding in the previous budget year, causing the district to receive a state share that is one-half of one percent of total program funding or greater before application of the budget stabilization factor in the budget year in which the assessed value is reduced. The amount of supplemental assistance paid pursuant to this subsection (1)(a)(VIII) shall not exceed twenty-five percent of the amount of the reduction in the district's state share as a result of the budget stabilization factor. A school district may receive supplemental assistance pursuant to this subsection (1)(a)(VIII) only one time.

(B) This subsection (1)(a)(VIII) is repealed, effective July 1, 2025.

(IX) (A) For the 2021-22, 2022-23, and 2023-24 budget years, unusual financial burden caused by the withholding of local property taxes pursuant to section 29-1-606 (5) for a rural or small rural school district, as defined in section 22-7-1211 (4), because of a delay in filing the audit report due to extraordinary problems that could not have been reasonably foreseen or prevented by the rural or small rural school district.

(B) This subsection (1)(a)(IX) is repealed, effective July 1, 2026.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (1) concerning circumstances under which the state board may approve and order payments from the contingency reserve fund, the board may, in cases of extreme emergency, take into consideration such other factors as it may deem necessary and proper in granting supplemental assistance from the contingency reserve fund to those districts that cannot maintain their schools without additional financial assistance.

(c) (I) If the state board makes a payment of supplemental assistance based on the circumstances described in subparagraph (II) of paragraph (a) of this subsection (1) and the disputed property is finally determined to have been properly included in the abstract of assessment, the district, after collecting the taxes, shall reimburse the full amount of the payment to the contingency reserve fund, plus interest at the same rate as provided by statute for penalty interest on unpaid property taxes.

(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (c), any reimbursement by a district of a payment for supplemental assistance made pursuant to this subsection (1) shall be credited to the contingency reserve fund.

(d) Any unexpended money in the contingency reserve fund at the end of a budget year remains in the fund and does not revert to the state general fund or any other fund.

(2) A district that applies for supplemental assistance pursuant to subsection (1) of this section shall fully set forth in the application the grounds upon which the district relies for assistance. The president and the secretary of the district board of education shall swear under oath to the application contents.

(3) The state board shall investigate each application for supplemental assistance to the extent it deems necessary. If the state board finds that the application should be approved, it shall determine the amount of supplemental assistance to be paid. In determining which districts receive supplemental assistance pursuant to this section and the amount of the assistance, the state board shall consider the amount of the supplemental assistance requested by the district as a percentage of the district's total program. By order upon the state treasurer, the state board shall direct payment from the contingency reserve fund of the approved amount to the treasurer of the receiving district for credit to the general fund of the district.
C.R.S. § 22-13-102 — CO Code / Title 22 / Article 13 / Part 1 / Section 22-13-102
22-13-102. Definitions
Status: in_force

22-13-102. Definitions. As used in this part 1, unless the context otherwise requires:

(1) "Charter school" means a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title or an institute charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title.

(2) "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S.

(3) "Institute" means the state charter school institute established in section 22-30.5-503.

(4) "Program" means the school transformation grant program created in section 22-13-103.

(5) "Provider" means a public or private entity that offers a high-quality turnaround leadership development program for Colorado educators.

(6) "School district" means a school district organized pursuant to article 30 of this title.

(7) "School turnaround leader" means a principal or teacher leader in a school that is required to adopt a priority improvement plan or turnaround plan pursuant to section 22-11-210 or a district-level administrator or employee of the state charter school institute that coordinates and supports turnaround efforts in schools of the school district or institute charter schools that implement priority improvement plans or turnaround plans.

(8) "State board" means the state board of education created in section 1 of article IX of the state constitution.