C.R.S. § 22-60.5-111 — CO Code / Title 22 / Article 60.5 / Part 1 / Section 22-60.5-111
22-60.5-111. Authorization - types - applicants' qualifications - rules
Status: in_force

22-60.5-111. Authorization - types - applicants' qualifications - rules. (1) Pursuant to the rules of the state board of education, the department of education may issue the authorizations specified in this section to persons of good moral character who meet the qualifications prescribed by this section and by the rules of the state board of education.

(2) Adjunct instructor authorization. (a) An adjunct instructor authorization certifies that a person is a specialist or an expert in a content area, although the person has not received formal training in education. A school district or charter school may employ a person who has an adjunct instructor authorization to provide students with highly specialized academic enrichment that is supportive of required content areas, to address recruiting challenges, and to establish a diverse workforce. The department of education may issue an adjunct instructor authorization to a person who applies to the department, providing such information as may be required by rule of the state board of education, including, at a minimum, documentation demonstrating the following:

(I) The applicant possesses outstanding talent or demonstrates specific abilities and knowledge in a particular area of specialization;

(II) A school district board of education or superintendent or the principal of a charter school has requested the applicant's services and requires the applicant's services;

(III) The potential employing school district or charter school has documented evidence of the applicant's outstanding talent or specific abilities and particular knowledge of the area of specialization; and

(IV) The applicant has been employed for at least five years in the area of specialization or holds a bachelor's degree or higher degree in the area of specialization.

(b) An adjunct instructor authorization is valid for three years. The department of education may renew an adjunct instructor authorization for succeeding three-year periods at the employing school district's or charter school's request. To request renewal, the employing school district or charter school, at a minimum, shall submit to the department of education documented evidence of continuing need within the school district or charter school for the adjunct instructor's services.

(c) A person who holds an adjunct instructor authorization may be employed under the authorization only by the school district or charter school that initially requested the person's services pursuant to subsection (2)(a)(II) of this section. A person who holds an adjunct instructor authorization and is employed by a school district may teach only under the general supervision of a licensed professional teacher. A school district or a charter school shall not employ a person who holds an adjunct instructor authorization as a full-time teacher. Notwithstanding this subsection (2)(c), a rural school district may employ a person who holds an adjunct instructor authorization as a full-time teacher only if there are no qualified, licensed applicants for the position.

(3) Special services intern authorization. (a) The department of education may issue an intern authorization to an applicant who holds at least a bachelor's degree from an accepted institution of higher education and who is enrolled in an approved program of preparation for a special services provider that requires completion of an internship. A person employed under an intern authorization shall work under the supervision of a person who holds a professional special services provider license. A school district may pay a person who is employed under an intern authorization. An intern authorization is valid for one academic year and may not be renewed.

(b) Notwithstanding the provisions of subsection (3)(a) of this section to the contrary, the department of education may renew an intern authorization for one academic year if the special services intern is employed by a school district or board of cooperative services and the intern has not completed the approved program of preparation for a special services provider due to unforseen circumstances or hardship.

(4) Emergency authorization. (a) The department may issue an emergency authorization to an applicant who is enrolled in an approved preparation program but has not yet met the requirements for an initial educator license or a school speech-language pathology assistant authorization. The department may issue an emergency authorization if:

(I) A school district requests the emergency authorization to employ a nonlicensed teacher, principal, administrator, or special services provider, including but not limited to an unauthorized school speech-language pathology assistant who has a bachelor's degree in:

(A) Speech, language, and hearing sciences;

(B) Communications disorders-speech sciences; or

(C) Any other field if the unauthorized school speech-language pathology assistant has completed a minimum number of credits of course work in speech, language, and hearing sciences, which minimum number of credits is established by rules promulgated by the state board of education pursuant to paragraph (c) of subsection (10) of this section;

(II) The requesting school district submits to the department documented evidence of a demonstrated need for specific and essential educational services for students that the applicant would provide and that would otherwise be unavailable to students in the school district due to a shortage of licensed educators or authorized speech-language pathology assistants with appropriate endorsements; and

(III) The state board of education determines that employment of the applicant is essential to preservation of the school district's instructional program and that establishment of a one-year or two-year alternative teacher preparation program within the school district is not a practicable solution for resolution of the demonstrated shortage.

(b) An emergency authorization is valid for one year. If the state board of education determines that the employing school district continues to require the services of the person holding the emergency authorization, based on evidence submitted by the school district demonstrating the continued existence of the hardship circumstances described in subparagraphs (II) and (III) of paragraph (a) of this subsection (4), the state board of education may renew the emergency authorization for one additional year only.

(c) (I) A school district that employs a person who holds an emergency authorization may provide an induction program for the person, as described in section 22-60.5-204, 22-60.5-213, 22-60.5-304, or 22-60.5-309, whichever is applicable. If the person successfully completes the induction program while employed under the emergency authorization, the person may apply completion of the induction program toward meeting the requirements for a professional educator license.

(II) If a person who is employed under an emergency authorization successfully completes an induction program and completes the requirements prescribed in section 22-60.5-201 (1)(b)(I), 22-60.5-210 (1)(a)(I), 22-60.5-301 (1)(a)(I), or 22-60.5-306 (1)(a)(I), whichever is applicable, for an initial educator license while employed under the emergency authorization, the department of education may issue a professional educator license to the person upon application.

(5) Temporary educator eligibility authorization. (a) The department of education may issue a temporary educator eligibility authorization to a person who is enrolled in an approved program of preparation for a special education educator or who is working to attain a special services provider initial license but who has not yet met the requirements for the applicable initial educator license. The department may issue the authorization under the following circumstances:

(I) A school district requests the temporary educator eligibility authorization to employ as a special education teacher or director or as a special services provider an applicant who does not yet meet the requirements to obtain the applicable initial educator license but who meets the eligibility criteria specified in paragraph (b) of this subsection (5);

(II) The requesting school district provides documented evidence of a demonstrated need for specific and essential educational services that the applicant would provide but that would otherwise be unavailable to students due to a shortage of licensed educators with the appropriate endorsement.

(b) An applicant for a temporary educator eligibility authorization shall:

(I) Be continuously enrolled in an approved or alternative program of preparation leading to a bachelor's degree or higher degree from an accepted institution of higher education; or

(II) Be enrolled in an approved or alternative special education or special education director preparation program offered by an accepted institution of higher education; or

(III) Be approved for a temporary educator eligibility authorization based on evidence that documents compliance with requirements specified by rule of the state board of education.

(c) In addition to the circumstances and criteria specified in paragraphs (a) and (b) of this subsection (5), the department of education may issue a temporary educator eligibility authorization to a special services provider who has met the minimum degree requirements necessary to practice in his or her area of specialization, but who has not completed the necessary national content examination or school practicum in the area of specialization. A school district may employ a person who holds a temporary educator eligibility authorization issued pursuant to this paragraph (c) only if the person is under the supervision of a professionally licensed person in the same area of specialization.

(d) A temporary educator eligibility authorization is valid for one year and may be renewed twice.

(e) (I) A school district that employs a person who holds a temporary educator eligibility authorization may provide an induction program for the person, as described in section 22-60.5-204, 22-60.5-213, or 22-60.5-309, whichever is applicable. If the person successfully completes the induction program while employed under the temporary educator eligibility authorization, the person may apply completion of the induction program toward meeting the requirements for a professional educator license.

(II) If a person who is employed under a temporary educator eligibility authorization successfully completes an induction program and completes the requirements prescribed in section 22-60.5-201 (1)(b)(I), 22-60.5-210 (1)(a)(I), or 22-60.5-306 (1)(a)(I), whichever is applicable, for an initial educator license while employed under the temporary educator eligibility authorization, the department of education may issue a professional educator license to the person upon application.

(6) Substitute authorization. A substitute authorization authorizes a school district to employ a person to teach on a substitute basis. A substitute authorization shall be valid for such periods of time as specified in, and may be renewed as authorized in, rules adopted by the state board of education.

(7) Interim authorization. (a) An interim authorization authorizes a school district to employ a person who is:

(I) Certified or licensed, or is eligible for certification or licensure, as a teacher, principal, or administrator in another state and who has not successfully completed the assessment of professional competencies to obtain an initial license under section 22-60.5-201 (1)(b), 22-60.5-301 (1)(a), or 22-60.5-306 (1)(a) but who meets the other requirements for an initial license specified in said sections; or

(II) Seeking an alternative teacher license pursuant to section 22-60.5-201 (1)(a) and meets the requirements for an alternative teacher license; except that the person has not successfully completed the assessment of professional competencies to obtain an alternative teacher license.

(b) An interim authorization is valid for one year, and the department of education may renew the authorization for one additional year. The employing school district may include the period during which a person works under an interim authorization toward the three full years of continuous employment necessary to cease being a probationary teacher pursuant to section 22-63-103 (7).

(c) A school district that employs a person who holds an interim authorization may provide an induction program for the person, as described in section 22-60.5-204, 22-60.5-304, or 22-60.5-309, whichever is applicable. If the person successfully completes the induction program while employed under the interim authorization, the person may apply completion of the induction program toward meeting the requirements for a professional educator license.

(7.5) Military spouse interim authorization. (a) The department of education may issue a military spouse interim authorization that authorizes a school district to employ a person who:

(I) Is certified or licensed, or is eligible for certification or licensure, as a teacher, special services provider, principal, or administrator in another state and who has not successfully completed the assessment of professional competencies to obtain an initial license under section 22-60.5-201 (1)(b), 22-60.5-301 (1)(a), or 22-60.5-306 (1)(a) but who meets the other requirements for an initial license specified in said sections; and

(II) Is a military spouse.

(b) Prior to issuing an authorization under this section, the department of education may contract with a qualified third party to work with a military spouse to meet the requirements of section 22-60.5-103 concerning a fingerprint-based criminal history record check.

(c) The Colorado bureau of investigation shall return the results of each fingerprint-based criminal history record check submitted pursuant to this section to the department of education no later than sixty days following receipt of the request.

(d) A military spouse interim authorization is valid for one year, and the department of education may renew the authorization for one additional year.

(e) The employing school district shall include the period during which a person works under a military spouse interim authorization toward the three full years of continuous employment necessary to cease being a probationary teacher pursuant to section 22-63-103 (7).

(f) A school district that employs a person who holds a military spouse interim authorization may provide an induction program for the person, as described in section 22-60.5-204, 22-60.5-304, or 22-60.5-309, whichever is applicable. If the person successfully completes the induction program while employed under the military spouse interim authorization, he or she may apply the completion of the induction program toward meeting the requirements for a professional educator license.

(g) The department of education shall issue a military spouse interim authorization to a person who meets the criteria of this subsection (7.5) no later than ninety days after the receipt of the initial application.

(h) For the purposes of this section, "military spouse" means a spouse of an active duty member of the armed forces of the United States who has been transferred or is scheduled to be transferred to Colorado, is domiciled in Colorado, or has moved to Colorado on a permanent change-of-station basis.

(7.7) Exchange educator interim authorization. (a) The department of education may issue an exchange educator interim authorization that authorizes a school district to assign a person who is a participant in a district-recognized educator exchange program and is certified or licensed, or is eligible for certification or licensure, as a teacher, special services provider, principal, or administrator in another country.

(b) Prior to issuing an authorization under this section, the department of education may contract with a qualified third party to work with an exchange educator to meet the requirements of section 22-60.5-103 concerning a fingerprint-based criminal history record check.

(c) The Colorado bureau of investigation shall return the results of each fingerprint-based criminal history record check submitted pursuant to this section to the department of education no later than sixty days following receipt of the request.

(d) An exchange educator interim authorization is valid for one year, and the department of education may renew the authorization for one additional year.

(e) The department of education shall issue an exchange educator interim authorization to a person who meets the criteria of this subsection (7.7) no later than ninety days after the receipt of the initial application.

(8) (Deleted by amendment, L. 2009, (SB 09-160), ch. 292, p. 1448, § 3, effective May 21, 2009.)

(9) Career and technical education authorization. (a) The department of education may issue an initial career and technical education authorization to a person who meets the minimum qualifications that the state board for community colleges and occupational education adopts pursuant to section 23-60-304 (3)(a), C.R.S. An initial career and technical education authorization is valid for three years and may not be renewed.

(b) The department of education may issue a professional career and technical education authorization to a person who meets the criteria that the state board for community colleges and occupational education adopts pursuant to section 23-60-304 (3)(a), C.R.S. A professional career and technical education authorization is valid for five years. The department of education may renew a professional career and technical education authorization for succeeding five-year periods when the person holding the authorization completes the renewal requirements that the state board for community colleges and occupational education adopts pursuant to section 23-60-304 (3)(a), C.R.S.

(10) School speech-language pathology assistant authorization. (a) The department of education may issue a school speech-language pathology assistant authorization to a person who meets the criteria specified by rule of the state board of education, which at a minimum shall include:

(I) (A) Completion of at least a bachelor's degree, which degree is from an accepted institution of higher education, in speech communication, speech-language pathology, or communication disorders-speech sciences, or a bachelor's degree in any other field if the unauthorized school speech-language pathology assistant has completed a minimum number of credits of course work in speech, language, and hearing sciences, which minimum number of credits is established by rules promulgated by the state board of education pursuant to paragraph (c) of subsection (10) of this section.

(B) (Deleted by amendment, L. 2010, (HB 10-1034), ch. 116, p. 391, § 1, effective August 11, 2010.)

(II) Successful completion of a school speech-language pathology assistant program that:

(A) Meets or exceeds recommended guidelines established by a national association of speech-language-hearing professionals; and

(B) Includes a requirement that each student complete at least one hundred clock hours of a school-based practicum under the supervision of a nationally certified speech-language pathologist who resides or works within Colorado or within a reasonable commuting distance to Colorado, which supervision may be performed electronically via remote interactive technology; and

(III) (Deleted by amendment, L. 2010, (HB 10-1034), ch. 116, p. 391, § 1, effective August 11, 2010.)

(IV) Demonstrated knowledge and skills in competencies specified by rule of the state board of education.

(b) A school speech-language pathology assistant authorization is valid for five years. The department of education may renew the authorization for succeeding five-year periods upon presentation of documented evidence of completion of content-related renewal requirements established by rule of the state board of education, which requirements shall include, but not be limited to, continuing education requirements.

(c) On or before November 1, 2010, the state board of education shall promulgate rules establishing a minimum number of credits of course work in speech, language, and hearing sciences that a person with a bachelor's degree must complete for the purposes of sub-subparagraph (C) of subparagraph (I) of paragraph (a) of subsection (4) of this section and of sub-subparagraph (A) of subparagraph (I) of paragraph (a) of this subsection (10).

(11) Educational interpreter authorization. The department of education may issue an educational interpreter authorization to a person to allow the school district to employ the person to provide teaching and interpreting services for students who are deaf or hard of hearing. To receive an educational interpreter authorization, a person shall comply with the criteria established by rule of the state board of education. An educational interpreter authorization is valid for five years. The department of education may renew the authorization for succeeding five-year periods upon submittal of documented evidence of completion of content-related renewal requirements established by rule of the state board of education.

(12) Junior reserve officer training corps instructor authorization. The department of education may issue a junior reserve officer training corps instructor authorization, referred to in this subsection (12) as a "JROTC instructor authorization", to a person who provides documented evidence of junior reserve officer training corps certification based on successful acquisition of service-specific junior reserve officer training corps program director certification or completion of service-specific junior reserve officer training corps preparation program requirements, including but not limited to, completion of a service-specified junior reserve officer training corps certification training program. A JROTC instructor authorization is valid for five years. The department of education may renew a JROTC instructor authorization for succeeding five-year periods when the authorization holder submits documented evidence of service-specific junior reserve officer training corps recertification following successful completion of a service-specific junior reserve officer training corps recertification course or such other requirements as the applicable branch of military service may stipulate.

(13) Adult basic education authorization. The department of education may issue an adult basic education authorization to an applicant who provides documented evidence of adult basic education training and experience. A school district may employ a person who holds an adult basic education authorization to work as an adult basic education instructor in an adult education program operated by the school district before, during, or after regular school hours. An adult basic education authorization is valid for five years from the date of issuance. The department of education may renew the adult basic education authorization for successive five-year periods upon receipt of documented evidence that the person holding the authorization has completed additional adult basic education training or practice and any other renewal requirements specified by rule of the state board of education.

(14) Principal authorization. (a) The department may issue a principal authorization to a person who does not hold a principal license but who holds an earned baccalaureate or higher degree from an accepted institution of higher education and who will be employed pursuant to the provisions of section 22-60.5-305.5 by a school district, charter school, or nonpublic school while completing an individualized alternative principal program or an alternative principal program approved pursuant to section 22-60.5-305.5. If the person is completing an individualized alternative principal program, the program must be approved by the state board of education as provided in this subsection (14). A school district may employ a person who holds a principal authorization to perform the duties of a principal or a vice-principal in a school, so long as the person who holds the authorization is under the supervision of a professional principal licensee.

(b) To receive a principal authorization, a person, in collaboration with a school district, charter school, nonpublic school, or the institute, shall submit to the department of education documentation that includes:

(I) (A) If the person is completing an individualized alternative principal program, the course work, practicums, and other educational requirements, identified by the person and the collaborating school district, charter school, nonpublic school, or institute, that will comprise the person's individualized alternative principal program and that the person will complete while the person is employed under the principal authorization; or

(B) If the person is completing an alternative principal program, evidence that the alternative principal program in which the person is enrolled is approved pursuant to section 22-60.5-305.5; and

(II) A letter from the collaborating school district or charter school stating the school district's, charter school's, or nonpublic school's intention to employ the applicant as a principal or a vice-principal upon issuance of the principal authorization; and

(III) Any additional documentation required by rule of the state board of education.

(c) At a minimum, a person's individualized alternative principal program shall ensure that:

(I) The person receives information, experience, and training and develops skills comparable to the information, experience, training, and skills possessed by a person who qualifies for an initial principal license as provided in section 22-60.5-301 (1)(a);

(II) The person receives coaching and mentoring from one or more licensed principals and administrators and continuing performance-based assessment of the person's skills development; except that, if the person participates in an individualized alternative principal program offered by a nonpublic school, the person must receive coaching and mentoring from one or more principals and administrators who have three or more years of experience in a nonpublic school;

(III) The person demonstrates professional competencies in subject matter areas as specified by rule of the state board of education pursuant to section 22-60.5-303; and

(IV) The person receives education and training that provides the person 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 "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and its implementing regulations; individualized education programs; and child find and that teaches effective special education classroom practices, including but not limited to inclusive learning environments.

(d) If the state board of education determines a person has submitted the documentation described in subsection (14)(b) of this section and the person's individualized alternative principal program meets the requirements specified in subsection (14)(c) of this section, the state board of education shall approve the individualized alternative principal program and the department of education shall issue the principal authorization to the person. If the department confirms that a person has submitted the documentation described in subsection (14)(b) of this section and the person is enrolled and participating in an alternative principal program approved pursuant to section 22-60.5-305.5, the department shall issue the principal authorization to the person. A principal authorization is valid for three years and may not be renewed.

(e) (I) A school district, charter school, or nonpublic school that employs a person who holds a principal authorization may provide an induction program for the person, as described in section 22-60.5-304. If the person successfully completes the induction program while employed under the principal authorization, the person may apply completion of the induction program toward meeting the requirements for a professional principal license.

(II) If a person who is employed under a principal authorization successfully completes an induction program and completes the individualized alternative principal program or alternative principal program while employed under the principal authorization, the department of education may issue a professional principal license to the person upon application.

(15) Native American language and culture instruction authorization. (a) The department may issue a Native American language and culture instruction authorization to an individual under the following circumstances:

(I) If the individual qualifies for an adjunct instructor authorization pursuant to subsection (2) of this section in the area of native languages; or

(II) If an individual cannot be identified who meets the criteria of subparagraph (I) of this paragraph (a), the employing school district may allow an individual to apply to the department for approval of a Native American language and culture instruction authorization if the individual has demonstrated expertise in a Native American language of a federally recognized tribe. The Native American language and culture instruction authorization shall allow the individual to teach the Native American language in which he or she has demonstrated expertise for the employing school district. An individual authorized pursuant to this subparagraph (II) shall work in partnership with a licensed teacher who currently teaches world languages for the employing school district. The approval process for the Native American language and culture instruction authorization shall be established by rule of the state board and shall include, at a minimum:

(A) A method to establish and document the expertise of the applicant in the Native American language of a federally recognized tribe;

(B) The identification of the partnering licensed teacher;

(C) A requirement that the applicant meet any objective standards for language proficiency established by the state board;

(D) A prohibition on the applicant from teaching any subject other than the Native American language for which he or she has demonstrated expertise; and

(E) A renewal process for the authorization.

(b) A Native American language and culture authorization issued pursuant to paragraph (a) of this subsection (15) is valid for five years from the date of issuance. The department may renew the authorization for succeeding five-year periods upon the receipt of documented evidence that the person holding the authorization has completed any renewal requirements specified by rule by the state board of education.

(c) All laws and rules, including but not limited to section 22-9-106 and any rules promulgated thereunder related to educator evaluation and effectiveness, shall apply to the individual holding an authorization pursuant to this subsection (15).

(16) Teacher apprenticeship authorization. (a) (I) The department may issue a teacher apprenticeship authorization to a teacher apprentice that allows the teacher apprentice to be employed by a local education provider as a teacher apprentice in roles of increasing responsibility, including working as a substitute teacher and a teacher of record. To receive a teacher apprenticeship authorization, a person shall:

(A) Be employed by a school district, BOCES, charter school, or institute charter school as a teacher apprentice;

(B) Be actively registered in a teacher apprenticeship program; and

(C) Be actively enrolled in an affiliated bachelor's degree program from an accredited institution.

(II) The department shall issue a teacher apprenticeship authorization to a person who meets the criteria pursuant to subsection (16)(a)(I) of this section no later than forty-five days after receipt of the initial application.

(III) The teacher apprenticeship authorization is valid for a period of four years while the teacher apprentice completes the affiliated bachelor's degree and on-the-job training requirements. An authorization is renewable for up to two successive terms, in increments of two years, as necessary for the teacher apprentice to fulfill the apprenticeship requirements.

(IV) The teacher apprenticeship authorization is automatically revoked if the teacher apprentice withdraws from the teacher apprenticeship program or withdraws from the affiliated bachelor's degree program. The teacher apprenticeship program sponsor may revoke the authorization if the teacher apprentice does not make satisfactory progress in the teacher apprenticeship program, as determined by the employer. The teacher apprenticeship program sponsor is responsible for notifying the department when a teacher apprentice withdraws from the teacher degree apprenticeship program.

(b) The state board of education shall promulgate rules defining the necessary qualifications and competencies for each level of authorization, including:

(I) Authorization for the teacher apprentice to work as a substitute teacher;

(II) Authorization to student teach; and

(III) Authorization to work as a teacher of record. This authorization requires a passing score on the appropriate state board of education-approved content exam or portfolio equivalents, if relevant to the endorsement area, and must not require completion of a bachelor's degree. The department's rules must not create unreasonable barriers that prevent access to the program.
C.R.S. § 22-31-121 — CO Code / Title 22 / Article 31 / Section 22-31-121
22-31-121. Count and certification of votes
Status: in_force

22-31-121. Count and certification of votes. (Deleted by amendment)
C.R.S. § 22-1-128 — CO Code / Title 22 / Article 1 / Section 22-1-128
22-1-128. Comprehensive human sexuality education - legislative declaration - definitions
Status: in_force

22-1-128. Comprehensive human sexuality education - legislative declaration - definitions - guidelines and content standards. (1) (a) The general assembly hereby finds and declares that:

(I) Colorado youth have a right to receive medically and scientifically accurate information to empower them to make informed decisions that promote their individual physical and mental health and well-being;

(II) This right applies to all youth, regardless of geographic location, ethnic or racial background, family income, physical or intellectual ability, sexual orientation, or gender expression;

(III) Parents, caregivers, community organizations, and other trusted adults serve as an essential part of the education process and may rely on health, education, and other professionals to provide evidence-based information that empowers youth to make decisions that are consistent with their own values and life goals;

(IV) The information, education, and skills that Colorado youth receive during their formative years provide the foundation for responsible decision-making about personal behaviors and important life decisions throughout the rest of their lives;

(V) It is important for youth to understand the consequences of the inconsistent or improper use of sexual abstinence, birth control, or condoms. All comprehensive human sexuality education must stress the importance of the correct and consistent use of sexual abstinence, birth control, and condoms to prevent pregnancy and sexually transmitted infections;

(VI) The decisions an individual makes regarding his or her sexual and reproductive health impact the public health and welfare of the community in which the individual lives;

(VII) When compared to the national average, Colorado has a lower rate of teen births and a lower rate of certain sexually transmitted infections, according to the centers for disease control and prevention and the Colorado department of public health and environment. In spite of this data, Colorado youth still face many barriers in obtaining the medically accurate information and resources they need to make informed and responsible decisions and lead healthy lives.

(VIII) According to the centers for disease control and prevention, evidence-based, medically accurate, age-appropriate, culturally sensitive, and comprehensive sexuality education programs have been proven to help youth delay the onset of sexual activity, decrease the frequency of sexual activity, reduce the number of sexual partners, and increase condom and contraceptive use;

(IX) Sexual violence and teen dating violence is a pervasive and serious public health issue, placing teen victims at increased risk for adolescent pregnancy, sexually transmitted infections, low academic performance, truancy, dropout, and other harmful behaviors;

(X) According to the centers for disease control and prevention, these changes in behavior help prevent unintended pregnancy and the spread of sexually transmitted infections;

(XI) The Colorado general assembly passed House Bill 07-1292, enacted in 2007, to establish content standards for the provision of human sexuality courses taught in public schools throughout the state;

(XII) The Colorado general assembly passed the "Public Health Reauthorization Act", Senate Bill 08-194, enacted in 2008, to create a statewide public health improvement plan to eliminate geographic-based and other disparities in the accessibility and availability of services through the state's public health agencies;

(XIII) The Colorado general assembly passed the "Preschool to Postsecondary Education Alignment Act", Senate Bill 08-212, enacted in 2008, which states that all school district standards must meet or exceed established state standards, and that school districts must adopt curriculum and assessments that are consistent with these standards; and

(XIV) In 2009, the Colorado state board of education adopted academic content standards for comprehensive health education that support youth in making informed and responsible decisions about their health and in having access to the tools they need to live healthy lives.

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

(I) There is a need to continue and expand efforts to ensure that all young people in Colorado have access to evidence-based, medically accurate, culturally sensitive, and age-appropriate comprehensive sexuality education, information, and resources to guide them in making informed decisions about their health and relationships. Additionally, schools need to promote healthy relationships through age-appropriate, culturally sensitive, and comprehensive human sexuality education, including providing information and resources for early intervention and response strategies to teen dating violence.

(II) The state of Colorado and eligible state agencies and other organizations must pursue funding and other federal support to implement comprehensive human sexuality education programs;

(III) The provisions of sexual and reproductive health education that incorporate comprehensive, evidence-based, culturally sensitive, and age-appropriate standards can result in youth delaying sexual activity until they are ready, avoiding unwanted consequences of sexual behavior, learning medically accurate information about their health, and promoting positive youth-friendly messages concerning growth, development, body image, gender roles, and all aspects related to healthy, safe relationships and sexual behavior; and

(IV) Broad-based community partnerships are essential when developing policies and implementing programs that affect the sexual and reproductive health of Colorado's youth.

(2) As used in this section, unless the context otherwise requires:

(a) "Age-appropriate" means topics, messages, and teaching methods suitable to a particular age or age group, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group.

(b) "Comprehensive human sexuality education" means medically accurate information about all methods to prevent unintended pregnancy and sexually transmitted infections, including HIV, and the link between human papillomavirus and cancer, and other types of cancer involving the human reproductive systems, including prostate, testicular, ovarian, and uterine cancer. Methods must include information about the correct and consistent use of abstinence, contraception, condoms, other barrier methods, and other prevention measures. Additional contents of comprehensive human sexuality education must include:

(I) Encouraging family communication about sexuality;

(II) Focusing on the development of safe relationships, including the prevention of sexual violence in dating and teaching young people how to recognize and respond safely and effectively in situations where sexual or physical violence may be occurring or where there may be a risk for these behaviors to occur; and

(III) Teaching young people how alcohol and drug use can affect responsible decision-making.

(b.5) "Consent" means the affirmative, unambiguous, voluntary, continuous, knowing agreement between all participants in each physical act within the course of a sexual encounter or interpersonal relationship.

(c) "Culturally sensitive" means the integration of knowledge about individuals and groups of people into specific standards, requirements, policies, practices, and attitudes used to increase the quality of services. "Culturally sensitive" includes resources, references, and information that are meaningful to the experiences and needs of communities of color; immigrant communities; lesbian, gay, bisexual, and transgender communities; people who are intersex; people with physical or intellectual disabilities; people who have experienced sexual victimization; and others whose experiences have traditionally been left out of sexual health education, programs, and policies.

(d) "Evidence-based program" means a program that:

(I) Was evaluated using a rigorous research design, including:

(A) Measuring knowledge, attitude, and behavior;

(B) Having an adequate sample size;

(C) Using sound research methods and processes;

(D) Replicating in different locations and finding similar evaluation results; and

(E) Publishing results in a peer-reviewed journal;

(II) Research has shown to be effective in changing at least one of the following behaviors that contribute to early pregnancy and sexually transmitted infections, including HIV:

(A) Delaying sexual initiation;

(B) Reducing the frequency of sexual intercourse;

(C) Reducing the number of sexual partners; or

(D) Increasing the use of condoms and other contraceptives.

(d.3) "Gender stereotype" means a generalized view or preconception about what attributes, characteristics, or roles are, or ought to be, taught, possessed by, or performed by women and men.

(d.5) "Healthy relationship" means an interpersonal relationship that is free of physical, sexual, and emotional abuse, coercion, and violence.

(d.7) "Human sexuality instruction" or "instruction" means an oral, written, or digital lesson, lecture, or presentation given by school staff or nonschool staff that teaches about abstinence or sexual activity in the context of student health or healthy relationships. Instruction does not include student speech.

(d.9) "Medically accurate" means verified or supported by research conducted in compliance with scientific methods and published in peer-reviewed journals, where appropriate, and recognized as accurate, objective, and unbiased by the American Public Health Association, the American Academy of Pediatrics, or the American College of Obstetricians and Gynecologists.

(e) "Positive youth development" means an approach that emphasizes the many positive attributes of young people and focuses on developing inherent strengths and assets to promote health. Positive youth development is culturally sensitive, inclusive of all youth, collaborative, and strength-based.

(f) "Sexual abstinence" means not engaging in oral, vaginal, or anal intercourse or genital skin-to-skin contact.

(3) Except as otherwise provided in subsection (6) of this section, a school district, board of cooperative services, charter school, or institute charter school that offers a planned curriculum that includes comprehensive human sexuality education shall provide to the parent or guardian of each student, prior to commencing the planned curriculum:

(a) Written notification of the ability to excuse a student, without penalty or additional assignment, from that portion of the planned curriculum that includes comprehensive human sexuality education, upon the written request of the student's parent or guardian; and

(b) A detailed, substantive outline of the topics and materials to be presented in that portion of the planned curriculum related to comprehensive human sexuality education.

(4) Nothing in this section shall be construed to require an act or procedure in addition to the signature of the parent or guardian to excuse a student from a planned curriculum related to comprehensive human sexuality education.

(5) Each school district board of education, board of cooperative services, charter school, or institute charter school is encouraged to disseminate policies or instructions to the public schools of the school district, or board of cooperative services, or appropriate staff of the charter school or institute charter school to ensure the implementation of the provisions of this section in a manner that will not draw undue attention to, nor cause undue embarrassment for, students excused from a planned curriculum related to comprehensive human sexuality education.

(6) Human sexuality instruction is not required. However, if a school district, board of cooperative services, charter school, or institute charter school offers human sexuality instruction, the instruction must be comprehensive and meet the comprehensive human sexuality education content requirements. These requirements must:

(a) Encourage parental involvement and family communication;

(b) Include medically accurate information about methods to prevent unintended pregnancy and sexually transmitted infections, including HIV/AIDS, and the link between human papillomavirus and cancer. Methods taught shall include information about the correct and consistent use of abstinence, contraception, including all FDA approved forms of contraception, condoms, and other barrier methods and must be taught in a cohesive, integrated, objective manner so that youth learn the full scope of preventive methods available to them and are empowered to decide for themselves which preventive methods are best suited for their individual needs, beliefs, and values.

(c) Promote the development of healthy relationships by providing human sexuality instruction on:

(I) How to communicate consent, recognize communication of consent, recognize withdrawal of consent, and understand age of consent as it relates to section 18-3-402;

(II) How to avoid making unwanted verbal, physical, and sexual advances;

(III) How to avoid making assumptions about a person's supposed sexual intentions based on that person's appearance or sexual history; and

(IV) How to avoid pursuing a sexual encounter with a person or persuading a person to participate in a sexual encounter when that person has not provided consent or has withdrawn consent;

(d) Include discussions and information on how to recognize and respond safely and effectively in situations where sexual or physical violence may be occurring or where there may be a risk for these behaviors to occur;

(e) Include discussion of how alcohol and drug use impairs responsible and healthy decision-making;

(f) Be comprehensive, age-appropriate, culturally sensitive, inclusive of a positive youth development framework, and medically accurate;

(g) Provide instruction about the health benefits and potential side effects of using contraceptives and barrier methods to prevent pregnancy, including instruction regarding emergency contraception and the availability of contraceptive methods;

(h) For school districts that have established a character education program pursuant to section 22-29-103, promote the guidelines of behavior established in the character education program;

(i) Not emphasize sexual abstinence as the primary or sole acceptable preventive method available to students. A school district, board of cooperative services, charter school, or institute charter school shall not engage the instructional services of an organization or individual that is a direct or indirect recipient of money from the federal government pursuant to 42 U.S.C. sec. 710, as amended, because the guidelines of 42 U.S.C. sec. 710 are inconsistent with the provisions of this section.

(j) Provide age-appropriate information concerning sections 18-6-401 (9) and 19-3-304.5, or any successor laws, referred to generally as "safe haven laws", relating to the safe abandonment of a child to a firefighter at a fire station or to a staff member at a hospital or a community clinic emergency center within the first seventy-two hours of the child's life.

(6.5) Comprehensive human sexuality education does not require instruction on pregnancy outcome options. However, if a school district, board of cooperative services, charter school, or institute charter school opts to provide instruction on pregnancy outcome options, the instruction must cover all pregnancy outcome options, including but not limited to adoption, abortion, parenting, and information concerning sections 18-6-401 (9) and 19-3-304.5, or any successor laws, referred to generally as "safe haven laws". Instruction on pregnancy outcome options must be provided in an objective, unbiased manner and must not endorse or favor one or more pregnancy outcome options.

(7) (a) Nothing in subsection (6) or (6.5) of this section shall be interpreted to prohibit discussion of health, moral, ethical, or religious values as they pertain to comprehensive human sexuality, healthy relationships, or family formation. Such discussion is encouraged.

(b) However, human sexuality instruction must not explicitly or implicitly:

(I) Use shame-based or stigmatizing language or instructional tools;

(II) Employ gender stereotypes; or

(III) Exclude the health needs of intersex individuals or lesbian, gay, bisexual, or transgender individuals.

(8) Public schools, school districts, boards of cooperative services, charter schools, and institute charter schools are encouraged to involve teachers, school nurses, parents, and community members in the development of the requirements for comprehensive human sexuality curriculum required by subsection (6) of this section and to integrate available community resources into programs related to comprehensive human sexuality education.

(9) A school district, board of cooperative services, charter school, or institute charter school that has received, prior to July 1, 2013, direct or indirect funding from the federal government for the provision of an abstinence education program pursuant to 42 U.S.C. sec. 710 is not required to adopt requirements for comprehensive human sexuality curriculum for the provision of such instruction as described in this section for the year or years for which the school district, board of cooperative services, charter school, or institute charter school received such funding. On July 1, 2013, or thereafter, a school district, board of cooperative services, charter school, or institute charter school shall not use any direct or indirect funding from the federal government for the provision of an abstinence education program pursuant to 42 U.S.C. sec. 710. A school district, board of cooperative services, charter school, or institute charter school may use federal moneys for human sexuality education, as long as the human sexuality program of the school district board of cooperative services, charter school, or institute charter school meets the comprehensive human sexuality education model set forth in this section.

(10) Nothing in this section shall require amending any content standards related to comprehensive human sexuality education developed by the department and adopted by the state board prior to July 1, 2013.

(11) The provisions of this section shall not apply to students in kindergarten through third grade.

(12) A school district, board of cooperative services, charter school, or institute charter school may seek grant money pursuant to article 44 of title 25 to implement the comprehensive human sexuality education content requirements set forth in this section. However, compliance with this section is not contingent upon receipt of grant money pursuant to article 44 of title 25, nor is it contingent on receipt of any other state or federal funds, or public or private gifts, grants, or donations.
C.R.S. § 22-60.5-402 — CO Code / Title 22 / Article 60.5 / Part 4 / Section 22-60.5-402
22-60.5-402. Powers and duties of the educator professional standards board
Status: repealed

22-60.5-402. Powers and duties of the educator professional standards board. (Repealed)
C.R.S. § 22-30-112 — CO Code / Title 22 / Article 30 / Part 1 / Section 22-30-112
22-30-112. Department consultants
Status: in_force

22-30-112. Department consultants. The state board is authorized to employ such consultants, assistants, and other personnel, within the limits of appropriations to the department of education for salaries and travel expenses of personnel, as may be necessary to render all reasonable assistance to the various committees in the development and submission of plans of organization. All personnel employed shall work under the direction of the commissioner or a designated assistant commissioner.
C.R.S. § 22-60.5-205 — CO Code / Title 22 / Article 60.5 / Part 2 / Section 22-60.5-205
22-60.5-205. One-year and two-year alternative teacher programs - standards and evaluation -
Status: in_force

22-60.5-205. One-year and two-year alternative teacher programs - standards and evaluation - duties of department - duties of the state board of education - fees - rules - legislative declaration. (1) (a) The general assembly hereby finds and declares that:

(I) Many school districts face a shortage of teachers and often struggle to find qualified persons to teach their students;

(II) The increased use of emergency authorizations to hire persons who do not have teacher licenses and, in some cases, have not received any form of teacher preparation or education potentially jeopardizes a school district's goal of providing a quality education for each student; and

(III) Often, persons with experience in areas other than education can help alleviate the teacher shortage faced by many school districts, so long as these persons receive adequate supervision and education in teaching methods and practices.

(b) The general assembly therefore declares that it is in the best interest of the state of Colorado to allow designated agencies to create one-year and two-year alternative teacher programs pursuant to the provisions of this section with the intent that these programs provide a vehicle for designated agencies to customize the preparation of teacher candidates, reduce the number of persons employed under emergency authorizations, and help designated agencies recruit and employ nontraditional teacher candidates, while maintaining teacher preparation program standards, delivering high-quality educational services, and protecting the interests of students.

(2) Designated agencies are authorized to implement one-year alternative teacher programs or two-year alternative teacher programs, which two-year programs were formerly known as teacher in residence programs, as follows:

(a) A one-year alternative teacher program shall be designed to be completed within one year. However, the employing school district, nonpublic school, charter school, or the institute may extend an alternative teacher's participation for one additional year based on unforeseen circumstances and the expectation that the alternative teacher will complete the program in the second year.

(b) An alternative teacher program shall include, but need not be limited to, supervision by mentor teachers, performance evaluations, and a program minimum of two hundred twenty-five clock hours of planned instruction and activities, which shall include training in dropout prevention. The total number of hours of planned instruction and activities may be modified by the alternative teacher support team, as described in section 22-60.5-206, for an alternative teacher based upon his or her qualifications, knowledge, and experience.

(c) A designated agency that chooses to implement an alternative teacher program may collaborate and contract with an entity that provides an approved educator preparation program. A contract entered into pursuant to this subsection (2)(c) must include, but need not be limited to, the provision of educator preparation courses and subject matter courses as necessary to comply with the educator preparation program requirements established by the department pursuant to section 22-60.5-121.

(d) (I) A person employed as an alternative teacher must hold an alternative teacher license issued pursuant to section 22-60.5-201 (1)(a), or an interim authorization pursuant to section 22-60.5-111 (7). Except as otherwise provided in subsection (2)(d)(II) of this section and section 22-60.5-207 (2), a person may be employed as an alternative teacher for a total of two years. A person employed as an alternative teacher must meet the content-area education requirements specified by rule of the state board of education.

(II) A person may be employed as an alternative teacher for a total of three years for the purpose of receiving a special education teaching endorsement pursuant to section 22-60.5-106 (2).

(III) (A) A person with a professional teacher license may continue in the person's current position while participating in an alternative teacher preparation program for the purpose of receiving a special education teaching endorsement pursuant to section 22-60.5-106 (2).

(B) The state board of education shall promulgate rules to establish the amount and type of experience working with students with disabilities a professional teacher participating in an alternate teacher preparation program must complete to receive a special education teaching endorsement pursuant to section 22-60.5-106 (2).

(e) Upon completing an alternative teacher program, the alternative teacher shall obtain an initial teacher license pursuant to section 22-60.5-201 (1)(b)(I) in order to be employed by a school district as a teacher.

(f) An alternative teacher shall complete his or her induction program prior to receiving a professional license.

(g) (I) Within thirty days after employing a person as an alternative teacher, a school district, nonpublic school, or charter school shall notify the department of the alternative teacher's name, address, and any other information that may be necessary to assist the department in providing pertinent information under the requirements of subsection (2)(g)(II) of this section.

(II) The department shall provide information to each alternative teacher concerning the requirements for teacher licensure as specified in section 22-60.5-201 and by rule of the state board of education.

(h) An alternative teacher program must meet the quality standards adopted by the state board of education pursuant to section 22-2-109 (3).

(i) An alternative teacher program must include course work that provides alternative teachers 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 "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and its implementing regulations; individualized education programs; and child find and that teaches effective special education classroom practices, including but not limited to inclusive learning environments.

(3) (a) A designated agency that chooses to implement an alternative teacher program pursuant to the provisions of subsection (2) of this section shall notify the department and submit a description of the alternative teacher program to the department. The department shall review the alternative teacher program to ensure that it meets the requirements specified in subsection (2) of this section and shall recommend to the state board of education approval or disapproval of the alternative teacher program. Within ninety days after the designated agency submits the alternative teacher program description to the department, the state board of education shall notify the implementing designated agency that it has either approved or disapproved the alternative teacher program.

(b) (I) The state board of education shall, at its discretion, approve an application by a designated agency seeking to provide an alternative teacher program. The application must meet the requirements of this section and any rules established by the state board of education. The state board of education is authorized to resolve any differences that may arise between school districts and accepted institutions of higher education regarding alternative teacher programs.

(II) Notwithstanding any law to the contrary, the state board of education is authorized, for good cause, to waive any requirements imposed by law regarding a designated agency's alternative teacher program if, in its discretion, it deems the waiver necessary to accomplish the purposes of this section.

(4) The department shall:

(a) Provide technical assistance upon request to all designated agencies as necessary to implement the provisions of this section; and

(b) Review and submit to the state board of education for approval all applications made by designated agencies to provide alternative teacher programs pursuant to subsection (3) of this section.

(5) Not more than every five years, the department shall perform an on-site evaluation of each alternative teacher program to ensure that it meets the requirements of this section. An alternative teacher program that does not meet the requirements of this section shall be subject to disapproval by the state board of education. An alternative teacher program that is disapproved by the state board of education shall be terminated by the implementing designated agency on completion of the academic year in which the alternative teacher program is disapproved; except that the designated agency may continue to operate the alternative teacher program if, prior to the end of said academic year, the designated agency redesigns the alternative teacher program to meet the requirements of this section and the state board of education approves the redesigned alternative teacher program.

(6) A designated agency that is not an institution of higher education may charge an alternative teacher in an alternative teacher program a fee in such amount as to generate sufficient revenue to offset the direct and indirect costs to the designated agency for the development and administration of the alternative teacher program. Any fees collected pursuant to the provisions of this subsection (6) shall be used for the purposes set forth in this section and shall not be expended for any other purpose.

(7) A designated agency that is an institution of higher education may establish program fees in accordance with its existing policies. A public institution of higher education shall establish program fees in accordance with existing state laws and rules established by the Colorado commission on higher education.
C.R.S. § 22-33-104.6 — CO Code / Title 22 / Article 33 / Part 1 / Section 22-33-104.6
22-33-104.6. On-line program - legislative declaration - authorized - definitions
Status: repealed

22-33-104.6. On-line program - legislative declaration - authorized - definitions. (Repealed)
C.R.S. § 22-41-102 — CO Code / Title 22 / Article 41 / Section 22-41-102
22-41-102. Fund inviolate
Status: repealed

22-41-102. Fund inviolate. (1) The public school fund shall forever remain inviolate and intact; the interest and income earned on the deposit and investment of the fund only shall be expended in the maintenance of the schools of the state and shall be distributed to the several school districts of the state in such manner as may be prescribed by law. No part of said fund, principal or interest and income, shall ever be transferred to any other fund or used or appropriated, except as provided in this article and article 43.7 of this title. The state treasurer shall be custodian of the fund, and the same shall be securely and profitably invested as may be directed by the public school fund investment board created in section 22-41-102.5. The state, by appropriation, shall supply all losses of principal that may occur as determined pursuant to section 2-3-103 (5), C.R.S., or section 22-41-104 (2).

(2) (Deleted by amendment, L. 2003, p. 2131, § 25, effective May 22, 2003.)

(3) (a) Except as provided in paragraph (b) of this subsection (3), for the 2010-11 state fiscal year through the 2012-13 fiscal year, the first eleven million dollars of any interest or income earned on the investment of the moneys in the public school fund shall be credited to the state public school fund created in section 22-54-114 for distribution as provided by law. Any amount of such interest and income earned on the investment of the moneys in the state public school fund in excess of eleven million dollars, other than interest and income credited to the public school capital construction assistance fund, created in section 22-43.7-104 (1), pursuant to section 22-43.7-104 (2)(b)(I), shall remain in the fund and shall become part of the principal of the fund.

(b) and (c) Repealed.

(d) For the 2013-14 state fiscal year through the 2014-15 fiscal year, the first sixteen million dollars of any interest or income earned on the investment of the moneys in the public school fund shall be credited to the state public school fund created in section 22-54-114 for distribution as provided by law. Any amount of such interest and income earned on the investment of the moneys in the state public school fund in excess of sixteen million dollars, other than interest and income credited to the public school capital construction assistance fund, created in section 22-43.7-104 (1), pursuant to section 22-43.7-104 (2)(b)(I), shall remain in the fund and shall become part of the principal of the fund.

(e) For the 2015-16 and the 2016-17 state fiscal year, the first twenty-one million dollars of any interest or income earned on the investment of the moneys in the public school fund is credited to the state public school fund created in section 22-54-114 for distribution as provided by law. Any amount of such interest and income earned on the investment of the moneys in the state public school fund in excess of twenty-one million dollars, other than interest and income credited to the public school capital construction assistance fund, created in section 22-43.7-104 (1), pursuant to section 22-43.7-104 (2)(b)(I), shall remain in the fund and shall become part of the principal of the fund.

(f) For the 2017-18 and 2018-19 state fiscal years, interest or income earned on the investment of the moneys in the public school fund must be used or credited in the following order:

(I) The first twenty-one million dollars is credited to the state public school fund created in section 22-54-114 for distribution as provided in that section; except that, if the interest or income earned on the investment of the moneys in the public school fund is less than twenty-one million dollars, then the available amount must also be used to entirely cover the cost of services and reimbursement described in subparagraph (II) of this paragraph (f);

(II) An amount annually appropriated to the state treasurer to pay for the services of private professional fund managers hired by the public school fund investment board pursuant to section 22-41-102.5 (5), and to pay for any reimbursement for travel and other necessary expenses incurred by the members of the public school fund investment board pursuant to section 22-41-102.5 (2);

(III) Any amount in excess of twenty-one million dollars plus the cost of services and reimbursement described in subparagraph (II) of this paragraph (f), up to thirty-one million dollars plus the cost of services and reimbursement described in subparagraph (II) of this paragraph (f), is credited to the restricted account of the public school capital construction assistance fund created in section 22-43.7-104 (5) for use as provided in that section; and

(IV) Any amount in excess of thirty-one million dollars plus the cost of services and reimbursement described in subparagraph (II) of this paragraph (f) is credited as specified by the general assembly, taking into consideration the recommendations of the public school fund investment board described in section 22-41-102.5 (4)(a)(III).

(g) For the 2019-20 state fiscal year through the 2021-22 state fiscal year, interest or income earned on the investment of the money in the public school fund must be used or credited in the following order:

(I) The first twenty-one million dollars is credited to the state public school fund created in section 22-54-114 for distribution as provided in that section; except that, if the interest or income earned on the investment of the moneys in the public school fund is less than twenty-one million dollars, then the available amount must also be used to entirely cover the cost of services and reimbursement described in subparagraph (II) of this paragraph (g);

(II) An amount annually appropriated to the state treasurer to pay for the services of private professional fund managers hired by the public school fund investment board pursuant to section 22-41-102.5 (5), and to pay for any reimbursement for travel and other necessary expenses incurred by the members of the public school fund investment board pursuant to section 22-41-102.5 (2);

(III) Any amount in excess of twenty-one million dollars plus the cost of services and reimbursement described in subparagraph (II) of this paragraph (g), up to forty-one million dollars plus the cost of services and reimbursement described in subparagraph (II) of this paragraph (g), is credited to the restricted account of the public school capital construction assistance fund created in section 22-43.7-104 (5) for use as provided in that section; and

(IV) Any amount in excess of forty-one million dollars plus the cost of services and reimbursement described in subparagraph (II) of this paragraph (g) is credited as specified by the general assembly, taking into consideration the recommendations of the public school fund investment board described in section 22-41-102.5 (4)(a)(III).

(h) For the 2022-23 state fiscal year through the 2023-24 state fiscal year, interest or income earned on the investment of the money in the public school fund must be used or credited as follows:

(I) The general assembly shall annually appropriate to the state treasurer an amount necessary to pay for the services of the investment consultant hired by the public school fund investment board pursuant to section 22-41-102.5 (5) and to pay for any reimbursement for travel and other necessary expenses incurred by the members of the public school fund investment board pursuant to section 22-41-102.5 (2);

(II) After the appropriation made pursuant to subsection (3)(h)(I) of this section, all remaining interest and income, not to exceed twenty-one million dollars, shall be credited to the state public school fund created in section 22-54-114 for distribution as provided in that section;

(III) After money in the public school fund has been appropriated or credited pursuant to subsections (3)(h)(I) and (3)(h)(II) of this section, all remaining interest and income, not to exceed twenty million dollars, shall be credited to the restricted account of the public school capital construction assistance fund, which account is created in section 22-43.7-104 (5), for use as provided in that section; and

(IV) Any additional interest and income remaining in the public school fund may be credited as specified by the general assembly, taking into consideration the recommendations of the public school fund investment board described in section 22-41-102.5 (4)(a)(III), or, if not credited pursuant to this subsection (3)(h)(IV), remains in the public school fund.

(i) For the 2024-25 state fiscal year, interest and income earned on the investment of the money in the public school fund must be used or credited as follows:

(I) The general assembly shall annually appropriate to the state treasurer an amount necessary to pay for the services of the investment consultant hired by the public school fund investment board pursuant to section 22-41-102.5 (5) and to pay for any reimbursement for travel and other necessary expenses incurred by the members of the public school fund investment board pursuant to section 22-41-102.5 (2);

(II) After the appropriation made pursuant to subsection (3)(i)(I) of this section, the lesser of all interest and income or eleven million dollars is credited to the state public school fund created in section 22-54-114 for distribution as provided in that section;

(III) After money in the public school fund has been appropriated or credited pursuant to subsections (3)(i)(I) and (3)(i)(II) of this section, the lesser of all interest and income or thirty million dollars is credited to the restricted account of the public school capital construction assistance fund created in section 22-43.7-104 (5) for use as provided in that section; and

(IV) Any additional interest and income remaining in the public school fund may be credited as specified by the general assembly, taking into consideration the recommendations of the public school fund investment board described in section 22-41-102.5 (4)(a)(III), or, if not credited pursuant to this subsection (3)(i)(IV), remains in the public school fund.

(j) For the 2025-26 state fiscal year, interest and income earned on the investment of the money in the public school fund must be used or credited as follows:

(I) The general assembly shall annually appropriate to the state treasurer an amount necessary to pay for the services of the investment consultant hired by the public school fund investment board pursuant to section 22-41-102.5 (5) and to pay for any reimbursement for travel and other necessary expenses incurred by the members of the public school fund investment board pursuant to section 22-41-102.5 (2);

(II) After the appropriation made pursuant to subsection (3)(j)(I) of this section, the lesser of all interest and income or five million dollars is credited to the state public school fund created in section 22-54-114 for distribution as provided in that section;

(III) After money in the public school fund has been appropriated or credited pursuant to subsections (3)(j)(I) and (3)(j)(II) of this section, the lesser of all interest and income or thirty-six million dollars is credited to the restricted account of the public school capital construction assistance fund created in section 22-43.7-104 (5) for use as provided in that section; and

(IV) Any additional interest and income remaining in the public school fund may be credited as specified by the general assembly, taking into consideration the recommendations of the public school fund investment board described in section 22-41-102.5 (4)(a)(III), or, if not credited pursuant to this subsection (3)(j)(IV), remains in the public school fund.

(k) For the 2026-27 state fiscal year and each state fiscal year thereafter, interest and income earned on the investment of the money in the public school fund must be used or credited as follows:

(I) The general assembly shall annually appropriate to the state treasurer an amount necessary to pay for the services of the investment consultant hired by the public school fund investment board pursuant to section 22-41-102.5 (5) and to pay for any reimbursement for travel and other necessary expenses incurred by the members of the public school fund investment board pursuant to section 22-41-102.5 (2);

(II) After money in the public school fund has been appropriated pursuant to subsection (3)(k)(I) of this section, the lesser of all interest and income or forty-one million dollars is credited to the restricted account of the public school capital construction assistance fund created in section 22-43.7-104 (5) for use as provided in that section; and

(III) Any additional interest and income remaining in the public school fund may be credited as specified by the general assembly, taking into consideration the recommendations of the public school fund investment board described in section 22-41-102.5 (4)(a)(III), or, if not credited pursuant to this subsection (3)(k)(III), remains in the public school fund.
C.R.S. § 22-25-109 — CO Code / Title 22 / Article 25 / Section 22-25-109
22-25-109. Colorado comprehensive health education fund - creation - acceptance of funds -
Status: repealed

22-25-109. Colorado comprehensive health education fund - creation - acceptance of funds - repeal. (Repealed)
C.R.S. § 22-43.7-110 — CO Code / Title 22 / Article 43.7 / Part 1 / Section 22-43.7-110
22-43.7-110. Financial assistance - grants - financed purchase of an asset agreements
Status: in_force

22-43.7-110. Financial assistance - grants - financed purchase of an asset agreements. (1) The board may provide financial assistance for those public school facility capital construction projects for which the state board has authorized the provision of financial assistance pursuant to section 22-43.7-109 (7) by providing matching grants from the assistance fund.

(2) Subject to the following requirements and limitations, the board may also instruct the state treasurer to enter into financed purchase of an asset or certificate of participation agreements on behalf of the state to provide financial assistance to applicants by financing public school facility capital construction projects for which the state board has recommended and the capital development committee has authorized the provision of financial assistance that involves a financed purchase of an asset or certificate of participation agreement pursuant to section 22-43.7-109 (7):

(a) Subject to the limitation specified in subsection (2)(b) of this section, the maximum total amount of annual payments payable by the state during any fiscal year under the terms of all outstanding financed purchase of an asset or certificate of participation agreements entered into by the state treasurer as instructed by the board pursuant to this subsection (2) is:

(I) Twenty million dollars for the 2008-09 fiscal year;

(II) Forty million dollars for the 2009-10 fiscal year;

(III) Sixty million dollars for the 2010-11 fiscal year;

(IV) Eighty million dollars for the 2011-12 fiscal year and for each fiscal year thereafter through the 2015-16 fiscal year;

(V) Ninety million dollars for the 2016-17 fiscal year;

(VI) One hundred million dollars for the 2017-18 and 2018-19 fiscal years;

(VII) One hundred five million dollars for the 2019-20 fiscal year;

(VIII) One hundred twenty-five million dollars for the 2020-21 fiscal year and for each fiscal year thereafter through the 2023-24 fiscal year; and

(IX) One hundred fifty million dollars for the 2024-25 fiscal year and for each fiscal year thereafter.

(b) (I) The state treasurer may enter into financed purchase of an asset or certificate of participation agreements for which the aggregate annual payments of principal or interest for any fiscal year exceed one-half of the maximum total amount of annual payments permitted for the fiscal year pursuant to subsection (2)(a) of this section only if the aggregate amount of matching money expected to be credited to the assistance fund pursuant to subsection (2)(c) of this section and section 22-43.7-104 (2)(b)(IV) and any interest or income derived from the deposit and investment of the matching money is at least equal to the annual payments of principal and interest that exceed one-half of said maximum total amount.

(II) For purposes of subparagraph (I) of this paragraph (b), in calculating one-half the maximum total amount of annual lease payments permitted for the fiscal year pursuant to paragraph (a) of this subsection (2), the state treasurer shall not include any amount of annual lease payments of principal or interest that are attributable to loans of matching moneys for eligible charter schools that the board approves pursuant to section 22-43.7-110.5.

(c) Whenever the state treasurer enters into a financed purchase of an asset or certificate of participation agreement on behalf of the state pursuant to this subsection (2) to finance a public school facility, the board shall enter into a sub-financed purchase of an asset or certificate of participation agreement for the facility on behalf of the state with the applicant that will use the facility. The sub-financed purchase of an asset or certificate of participation agreement shall require the applicant to perform for the state all duties of the state to maintain and operate the public school facility that are required by the financed purchase of an asset or certificate of participation agreement and to make periodic rental payments to the state, which payments shall be credited to the assistance fund as matching money of the applicant. The sub-financed purchase of an asset or certificate of participation agreement shall also provide for the transfer of ownership of the public school facility from the state to the applicant upon the fulfillment of both the state's obligations under the financed purchase of an asset or certificate of participation agreement and the applicant's obligations under the sub-financed purchase of an asset or certificate of participation agreement. A sub-financed purchase of an asset or certificate of participation agreement may provide that the legal obligation of an applicant to make periodic rental payments is subject to the annual appropriation of money for that purpose by the applicant if the absence of such a provision would create a district multiple-year fiscal obligation without voter approval in advance in violation of section 20 (4)(b) of article X of the state constitution.

(d) A financed purchase of an asset or certificate of participation agreement entered into by the state treasurer on behalf of the state pursuant to this subsection (2) shall provide that all payment obligations of the state under the agreement are subject to annual appropriation by the general assembly and that obligations shall not be deemed or construed as creating an indebtedness of the state within the meaning of any provision of the state constitution or the laws of the state concerning or limiting the creation of indebtedness by the state.

(e) A financed purchase of an asset or certificate of participation agreement entered into by the state treasurer on behalf of the state pursuant to this subsection (2) may contain such terms, provisions, and conditions as the state treasurer may deem appropriate. The provisions shall allow the state to receive title to the real and personal property that is the subject of the agreement on or prior to the expiration of the entire term of the agreement, including all optional renewal terms. Such a financed purchase of an asset or certificate of participation agreement may further provide for the issuance, distribution, and sale of instruments evidencing rights to receive rentals and other payments made and to be made under the agreement. Such instruments shall not be notes, bonds, or any other evidence of indebtedness of the state within the meaning of any provision of the state constitution or the laws of the state concerning or limiting the creation of indebtedness by the state. Interest paid under a financed purchase of an asset or certificate of participation agreement, including interest represented by such instruments, shall be exempt from Colorado income tax.

(f) The board may only enter into a sub-financed purchase of an asset or certificate of participation agreement on behalf of the state pursuant to this subsection (2) if the state treasurer has reviewed the agreement and provided written authorization to the board to enter into the agreement.

(g) If the state treasurer deems it to be necessary or advisable, the state treasurer may enter into a financed purchase of an asset or certificate of participation agreement on behalf of the state for only a portion of a public school facility for which financial assistance is being provided or for all or a portion of a different public school facility or other property of a school district.

(h) Notwithstanding the authority of the board to instruct the state treasurer to enter into financed purchase of an asset or certificate of participation agreements on behalf of the state, in order to ensure that financed purchase of an asset or certificate of participation agreements are entered into under favorable financial market conditions, the state treasurer shall have sole discretion to determine the timing of the state treasurer's entry into any financed purchase of an asset or certificate of participation agreement on behalf of the state pursuant to this subsection (2).
C.R.S. § 22-54-103.5 — CO Code / Title 22 / Article 54 / Section 22-54-103.5
22-54-103.5. District total program - rules - legislative declaration - repeal
Status: repealed

22-54-103.5. District total program - rules - legislative declaration - repeal. (1) (a) For the 2030-31 budget year and each budget year thereafter, the department of education shall use this section 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 district 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 district total program determination 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.

(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.

(III) This subsection (1)(c) is repealed, effective July 1, 2031.

(2) District total program formula. A district's total program is:

District foundation funding

+ District at-risk funding

+ District English language learner funding

+ District special education funding

+ District cost of living factor funding

+ District locale factor funding

+ District size factor funding

+ District extended high school funding

+ District online funding.

(3) Statewide base per pupil funding. (Reserved)

(4) Funded pupil count. Funded pupil count is:

(a) 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; or

(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.

(b) (I) Notwithstanding any provision of law to the contrary, for purposes of subsection (4)(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 (4)(b)(II) and (4)(b)(III) 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.

(II) For purposes of subsection (4)(b)(I) of this section, each operating institute charter school's certified pupil enrollment is the greater of:

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

(B) 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;

(C) 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; or

(D) 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.

(III) Notwithstanding any provision of law to the contrary, for purposes of subsection (4)(b)(II) of this section, an operating institute charter school's pupil enrollment includes its online student enrollment, except for multi-district online school student enrollment.

(c) 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 three immediately preceding budget years pursuant to this subsection (4), and averaging an operating institute charter school's student enrollment and online pupil enrollment pursuant to this subsection (4), 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.

(d) (I) Notwithstanding any provision of law to the contrary, for the purposes of this subsection (4), a district's pupil enrollment for the applicable budget year and a district's pupil enrollment for a 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.

(II) Notwithstanding any provision of this subsection (4) to the contrary, for the purposes of this subsection (4), if a district's funded pupil count calculated pursuant to this subsection (4) for a budget year is fewer than sixty students, the district's funded pupil count for the budget year is sixty students.

(5) District foundation funding. A district's foundation funding is:

(Statewide base per pupil funding x (District funded pupil count - District extended high school pupil enrollment - District online pupil enrollment)).

(6) District at-risk funding. (a) A district's at-risk funding is:

(Statewide base per pupil funding x Twenty-five percent) x District at-risk pupil enrollment.

(b) Notwithstanding subsection (6)(a) of this section, if a district's funded pupil count is less than seven thousand pupils and the district percentage of at-risk pupils is seventy percent or greater, the district's at-risk funding is:

(Statewide base per pupil funding x Thirty-two percent) x District at-risk pupil enrollment.

(7) District English language learner funding. A district's English language learner funding is:

(Statewide base per pupil funding x Twenty-five percent) x District English language learner pupil enrollment.

(8) District extended high school funding. (a) A district's extended high school funding is:

(District extended high school pupil enrollment x $9,588, or an amount determined pursuant subsection (8)(b) of this section).

(b) The dollar amount in subsection (8)(a) of this section must increase by the same percentage that the statewide base per pupil funding for the applicable budget year is increased. The amount must be rounded to the nearest dollar.

(9) District online funding. (a) A district's online funding is:

(District online pupil enrollment x $9,588, or an amount determined pursuant to subsection (9)(b) of this section).

(b) The dollar amount in subsection (9)(a) of this section must increase by the same percentage that the statewide base per pupil funding for that budget year is increased. The amount must be rounded to the nearest dollar.

(10) District special education pupil funding. A district's special education pupil funding is:

(Statewide base per pupil funding x Twenty-five percent) x District special education pupil enrollment.

(11) District cost of living factor funding - rules. (a) A district's cost of living factor funding is:

(Statewide base per pupil funding x (District funded pupil count - District extended high school pupil enrollment - District online pupil enrollment) x District cost of living factor).

(b) (I) A district's cost of living factor is determined pursuant to subsection (11)(c) of this section; except that, notwithstanding this subsection (11) to the contrary, a district's cost of living factor must not exceed twenty-three percent.

(II) The cost of living factor allowed for each district pursuant to this subsection (11) reflects the differences in the costs of housing, goods, and services among regions in which districts are located. The factor does not reflect any annual increase in the costs of housing, goods, and services caused by inflation.

(c) (I) For the 2025-26 budget year, a district's cost of living factor is the district's cost of living amount identified in the 2023 cost of living analysis adjusted for labor pool areas, divided by the minimum cost of living amount for a district identified in the 2023 cost of living analysis adjusted for labor pool areas, minus one.

(II) For the 2026-27 and 2027-28 budget years, a district's cost of living factor is the district's cost of living amount identified in the 2025 cost of living analysis adjusted for labor pool areas, divided by the minimum cost of living amount for a district identified in the 2025 cost of living analysis adjusted for labor pool areas, minus one.

(III) For every two-year budget year period thereafter, a district's cost of living factor is the district's cost of living amount, identified in the biennial cost of living analysis adjusted for labor pool areas, divided by the minimum cost of living amount for a district identified in the most recent cost of living analysis adjusted for labor pool areas, minus one.

(IV) The cost of living factor for each district must be certified to the department of education by legislative council staff for each two-year period thereafter based upon a new cost of living analysis. The certification must be made no later than April 15 of the applicable year and is effective for the budget year beginning on July 1 of that year and the budget year thereafter.

(V) 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, and state share of districts' total program funding to the legislative council to fund the cost of living analysis required pursuant to this subsection (11). The amount transferred by the department of education must 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, and state share of districts' total program funding must be distributed to school districts in the manner provided in section 22-54-106 (4)(c).

(d) (I) The department of education shall promulgate rules for the assignment of a cost of living factor to any new district organized pursuant to article 30 of this title 22, 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 the district is certified by legislative council staff pursuant to this section.

(II) The rules promulgated pursuant to this subsection (11)(d) must be designed to provide neither an incentive nor a disincentive to the organization of new districts pursuant to article 30 of this title 22 and must 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. The rules must 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.

(III) New districts that are created as the result of a deconsolidation as described in section 22-30-102 (2)(a) 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 legislative council staff pursuant to this section.

(12) District locale factor funding. (a) A district's locale factor funding is:

(Statewide base per pupil funding x (District funded pupil count - District extended high school pupil enrollment - District online pupil enrollment) x District locale factor).

(b) A district's locale factor is:

(I) Twenty-five percent, if the district is classified as rural remote;

(II) Twenty percent, if the district is classified as rural distant;

(III) Fifteen percent, if the district is classified as rural fringe;

(IV) Ten percent, if the district is classified as town remote;

(V) Five percent, if the district is classified as town distant;

(VI) Two and one-half percent, if the district is classified as town fringe;

(VII) Zero percent, if the district is classified as suburban small;

(VIII) Zero percent, if the district is classified as suburban midsize;

(IX) Zero percent, if the district is classified as suburban large;

(X) Zero percent, if the district is classified as city small;

(XI) Zero percent, if the district is classified as city midsize; or

(XII) Zero percent, if the district is classified as city large.

(c) Notwithstanding subsection (12)(a) of this section, if a district is classified as rural remote or town remote, the district's locale factor funding is the amount determined pursuant to subsection (12)(a) of this section plus one hundred thousand dollars.

(d) A district's classification, as described pursuant to subsection (12)(b) or (12)(c) of this section, is determined by the latest classifications or classification criteria issued by the national center for education statistics in the institute of education sciences of the United States department of education.

(e) Notwithstanding subsection (12)(d) of this section, if a district does not align with a classification issued by the national center for education statistics, the department of education shall designate the district's locale factor based on considerations that align it with a similarly situated district that has a classification issued by the national center for education statistics. If the department of education is required to designate the district's locale factor pursuant to this subsection (12)(e), the department of education shall consult with legislative counsel staff concerning the adjustment for any information necessary to make an appropriate designation.

(13) District size factor funding. (a) A district's size factor funding is:

(Statewide base per pupil funding x (District funded pupil count - District extended high school pupil enrollment - District online pupil enrollment) x District size factor).

(b) A district's size factor is:

(I) If the district's funded pupil count is less than two hundred seventy-six:

0.5457 + (0.00376159 x The difference between the funded pupil count and two hundred seventy-six).

(II) If the district's funded pupil count is two hundred seventy-six or more but less than four hundred fifty-nine:

0.2385 + (0.00167869 x The difference between the funded pupil count and four hundred fifty-nine).

(III) If the district's funded pupil count is four hundred fifty-nine or more but less than one thousand twenty-seven:

0.1215 + (0.00020599 x The difference between the funded pupil count and one thousand twenty-seven).

(IV) If the district's funded pupil count is one thousand twenty-seven or more but less than two thousand two hundred ninety-three:

0.0533 + (0.00005387 x The difference between the funded pupil count and two thousand two hundred ninety-three).

(V) If the district's funded pupil count is two thousand two hundred ninety-three or more but less than three thousand five hundred:

0.0368 + (0.00001367 x The difference between the funded pupil count and three thousand five hundred).

(VI) If the district's funded pupil count is three thousand five hundred or more but less than six thousand five hundred:

0.0297 + (0.00000473 x The difference between the funded pupil count and six thousand five hundred).

(VII) If the district's funded pupil count is six thousand five hundred or more:

0.00.

(c) (I) If the reorganization of a district or districts results in a district involved in the reorganization having a greater size factor than the original district or districts had for the budget year immediately preceding reorganization, the districts involved in the reorganization must use, 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. A district involved in the reorganization shall not, for any budget year, use the size factor that would otherwise be provided pursuant to this subsection (13).

(II) If the reorganization of a district or districts results in a 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 must use 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 subsection (13)(c)(II)(A), the weighted average size factor is 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 immediately preceding budget year minus an amount equal to one-fifth of the difference between the size factor for the immediately preceding budget year and the size factor determined pursuant to subsection (13)(b) of this section;

(C) For the third budget year following reorganization, the size factor for the immediately preceding budget year minus an amount equal to one-fourth of the difference between the size factor for the immediately preceding budget year and the size factor determined pursuant to subsection (13)(b) of this section;

(D) For the fourth budget year following reorganization, the size factor for the immediately preceding budget year minus an amount equal to one-third of the difference between the size factor for the immediately preceding budget year and the size factor determined pursuant to subsection (13)(b) of this section;

(E) For the fifth budget year following reorganization, the size factor for the immediately preceding budget year minus an amount equal to one-half of the difference between the size factor for the immediately preceding budget year and the size factor determined pursuant to subsection (13)(b) of this section; and

(F) For the sixth budget year following reorganization and budget years thereafter, the size factor determined pursuant to subsection (13)(b) of this section.

(14) Total program funding. (Reserved)
C.R.S. § 22-54-101 — CO Code / Title 22 / Article 54 / Section 22-54-101
22-54-101. Short title
Status: in_force

22-54-101. Short title. The short title of this article 54 is the "Public School Finance Act of 2025".
C.R.S. § 22-7-609.4 — CO Code / Title 22 / Article 7 / Part 6 / Section 22-7-609.4
22-7-609.4. Public school restructuring - tracking students
Status: repealed

22-7-609.4. Public school restructuring - tracking students. (Repealed)
C.R.S. § 22-25-103 — CO Code / Title 22 / Article 25 / Section 22-25-103
22-25-103. Definitions
Status: in_force

22-25-103. Definitions. As used in this article 25, unless the context otherwise requires:

(1) "Colorado comprehensive health education program" means the program created by section 22-25-104 (1) for the purpose of encouraging the teaching of comprehensive health education for the students of the schools in Colorado.

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

(3) "Comprehensive health education" means a planned, sequential health program of learning experiences in preschool, kindergarten, and grades one through twelve that must include, but is not limited to, the following topics:

(a) Communicable diseases, including, but not limited to, acquired immune deficiency syndrome (AIDS) and human immunodeficiency virus (HIV) related illness;

(b) Community and environmental health;

(c) Consumer health;

(d) Dental health;

(e) Tobacco, alcohol, and other drug use;

(f) Human growth and development;

(g) Hereditary and developmental conditions;

(h) Mental and emotional health;

(i) Nutrition, personal health, and physical fitness;

(j) Family life education;

(k) Injury prevention, safety, motor vehicle safety, and emergency care;

(l) High-risk behaviors and concerns;

(m) Age-appropriate instruction on family roles and expectations, child development, and parenting; and

(n) If not included in other curricula or programs provided to students, age-appropriate information concerning sections 18-6-401 (9) and 19-3-304.5, or any successor laws, referred to generally as "safe haven laws", relating to the safe abandonment of a child to a firefighter at a fire station, or to a staff member at a hospital or a community clinic emergency center, within the first seventy-two hours of the child's life.

(3.1) "Culturally sensitive" means the integration of knowledge about individuals and groups of people into specific standards, requirements, policies, practices, and attitudes used to increase the quality of services. "Culturally sensitive" includes resources, references, and information that are meaningful to the experiences and needs of communities of color; immigrant communities; lesbian, gay, bisexual, and transgender communities; people with physical or intellectual disabilities; people who have experienced sexual victimization; and others whose experiences have traditionally been left out of sexual health education, programs, and policies.

(3.2) "Evidence-based program" means a program that:

(a) Was evaluated using a rigorous research design, including:

(I) Measuring knowledge, attitude, and behavior;

(II) Having an adequate sample size;

(III) Using sound research methods and processes;

(IV) Replicating in different locations and finding similar evaluation results; and

(V) Publishing results in a peer-reviewed journal;

(b) Research has shown to be effective in changing at least one of the following behaviors that contribute to early pregnancy, sexually transmitted infections, including HIV:

(I) Delaying sexual initiation;

(II) Reducing the frequency of sexual intercourse;

(III) Reducing the number of sexual partners; or

(IV) Increasing the use of condoms and other contraceptives.

(3.3) "Facility school" means an approved facility school as defined in section 22-2-402 (1).

(3.5) "Gang" means a group of three or more individuals with a common interest, bond, or activity characterized by criminal or delinquent conduct, engaged in either collectively or individually.

(4) "High-risk behaviors" means actions by children and adolescents which present a danger to their physical or mental health or which may impede their ability to lead healthy and productive lives. "High-risk behaviors" includes, but is not limited to, dropping out of school, incest and other sexual activity with adults, sexual activity by school aged children, physical and mental abuse, violence, and use of tobacco, alcohol, or other drugs.

(4.5) "Law-related education program" means an educational program for teaching nonlawyers about law, the legal system, and the fundamental principles and values on which our constitutional democracy is based, which program's approach is characterized by relevant curriculum materials, interactive teaching strategies, and extensive use of community resource persons and experience.

(5) "Local comprehensive health education program" means a health education program instituted by a school board, board of cooperative services, or facility school in accordance with the requirements of this article.

(5.5) "Local student wellness program" means a program adopted by a school district, board of cooperative services, or facility school that is coordinated with health education and is designed to provide services to students in one or more of the following areas:

(a) Physical education;

(b) Nutrition services;

(c) Mental health counseling and services;

(d) Promotion of a healthy school environment;

(e) Health education;

(f) Health services;

(g) Involvement of students' families and communities in supporting and reinforcing healthy choices.

(5.7) "Positive youth development" means an approach that emphasizes the many positive attributes of young people and focuses on developing inherent strengths and assets to promote health. Positive youth development is culturally sensitive, inclusive of all youth, collaborative, and strength-based.

(6) "State board" means the state board of education created pursuant to section 1 of article IX of the state constitution.
C.R.S. § 22-83-101 — CO Code / Title 22 / Article 83 / Section 22-83-101
22-83-101. Legislative declaration
Status: in_force

22-83-101. Legislative declaration. The general assembly finds that state programs instituting comprehensive statewide systemic initiatives designed to broaden the impact, accelerate the pace, and increase the effectiveness of and achieve significant improvements in science, mathematics, and technology education in pre-K through 12 and postsecondary levels are essential to student improvement and achievement in the 1990's and beyond. The general assembly further finds that a statewide structure for systemic change in pre-K through 12 and postsecondary mathematics, science, and technology education should be designed which takes full advantage of the unique opportunities available in Colorado including, but not limited to, a decentralized educational system that supports creative reform initiatives beginning in the classroom, a concentration of expertise in the space sciences and technological fields, and a plan for improving such education through the use of a statewide comprehensive telecommunications system under the "Pre-K-16 Mathematics, Science, and Technology Improvement Act of 1990", article 81 of this title. The general assembly finds that the Colorado mathematics-science-technology commission appointed by the governor intends to facilitate and assist with developing plans for the restructuring of mathematics, science, and technology programs in pre-K through 12 and postsecondary education. The general assembly finds that the goals of such structure for systemic change should be to increase the knowledge of science and mathematics acquired by all students at all grade and ability levels, to afford every student the maximum opportunity to acquire the habits of mind and critical thinking skills that characterize the effective use of mathematics and science essential for engineering and technology, to assure the emergence of Colorado as the national leader in student achievement and participation in science, mathematics, and technology, particularly by those groups which are traditionally underrepresented, and to participate actively in achieving the president's and the nation's governors' goal of making American students the first in the world in mathematics and science achievement by the year 2000.
C.R.S. § 22-32-110.5 — CO Code / Title 22 / Article 32 / Section 22-32-110.5
22-32-110.5. Charter schools - effectiveness of charter
Status: repealed

22-32-110.5. Charter schools - effectiveness of charter. (Repealed)
C.R.S. § 22-43.7-108 — CO Code / Title 22 / Article 43.7 / Part 1 / Section 22-43.7-108
22-43.7-108. Statewide financial assistance priority assessment - public school facilities
Status: in_force

22-43.7-108. Statewide financial assistance priority assessment - public school facilities. (1) (a) As soon as possible following the establishment of the public school facility construction guidelines pursuant to section 22-43.7-107, the board shall conduct with the assistance of the division, or contract for, a financial assistance priority assessment of public school facilities throughout the state as provided in this section. The board shall order payment of the costs incurred in conducting or contracting for the financial assistance priority assessment from the assistance fund.

(b) It is the intent of the general assembly that the financial assistance priority assessment required by this section be used only for the purposes specified in paragraph (a) of this subsection (1) and section 22-43.7-107 (1)(a).

(2) (a) The financial assistance priority assessment shall assess public school facility capital construction projects based on:

(I) The condition of the public school facility;

(II) Air and water quality in the public school facility;

(III) Public school facility space requirements;

(IV) The ability to accommodate educational technology, including but not limited to technology for individual student learning and classroom instruction;

(V) Site requirements for the public school facility;

(VI) Public school facility demographics, including a five-year projection concerning anticipated substantial changes in the pupil count of individual public school facilities; and

(VII) Annualized utility costs, including electricity, natural gas, propane, water, sewer, waste removal, telecommunications, internet, or other monthly billed utility services.

(b) The financial assistance priority assessment shall include five-year projections regarding the issues described in paragraph (a) of this subsection (2).

(c) The board, or the division upon the board's request, shall establish a database to store the data collected through the financial assistance priority assessment conducted pursuant to this section. The board or the division shall make the data collected available to the public in a form that is easily accessible and complies with any federal or state laws or regulations concerning privacy.

(3) The board shall use the public school facility construction guidelines established pursuant to section 22-43.7-107 in conducting the financial assistance priority assessment described in this section.
C.R.S. § 22-60.5-209.1 — CO Code / Title 22 / Article 60.5 / Part 2 / Section 22-60.5-209.1
22-60.5-209.1. Department of education - adjunct instructor authorization - alternative teacher
Status: in_force

22-60.5-209.1. Department of education - adjunct instructor authorization - alternative teacher programs - information. (1) (a) The department shall direct resources toward publicizing the existence of:

(I) The teacher recruitment education and preparation program established in section 22-35-108.5;

(II) The teacher residency programs available through the teacher residency expansion program created in part 1 of article 60.3 of this title 22;

(III) Programs to support paraprofessionals, as defined in section 22-60.3-102, who are seeking a baccalaureate degree to pursue a professional teaching license;

(IV) The educator recruitment and retention program created in section 22-60.3-202;

(V) The adjunct instructor authorization described in section 22-60.5-111 (2);

(VI) Alternative teacher programs described in section 22-60.5-205;

(VII) The teacher of record program described in section 22-60.5-208.7;

(VIII) Programs for student teachers in rural areas operated pursuant to section 23-76-104;

(IX) The teacher cadet program described in section 23-76-105;

(X) Teaching fellowship programs operated pursuant to part 3 of article 78 of title 23;

(XI) The educator loan forgiveness program operated pursuant to section 23-3.9-102; and

(XII) Other existing public or nonprofit programs that facilitate entry into the teaching profession.

(b) In publicizing the programs, the department shall collaborate with nonprofit organizations that support entry into the teaching profession.

(2) The department shall provide technical support to school districts, boards of cooperative services, and charter schools to assist them in accessing the programs described in subsection (1) of this section and in otherwise recruiting individuals to pursue teaching careers.
C.R.S. § 22-11-203 — CO Code / Title 22 / Article 11 / Part 2 / Section 22-11-203
22-11-203. Student longitudinal academic growth - calculation - data - research
Status: repealed

22-11-203. Student longitudinal academic growth - calculation - data - research. (1) (a) Each school year by a date established in state board rules, the department shall calculate, to the extent practicable, what will constitute adequate longitudinal academic growth for each student for that school year in each subject that is included in the statewide assessments.

(b) The department shall use data available for longitudinal analysis to review and revise the calculation of adequate longitudinal academic growth as necessary.

(c) and (d) Repealed.

(2) (a) For each school year, the department shall provide to each school district in the state academic growth information for each student enrolled in the district public schools, based on the statewide assessment results for the preceding school years. Within ten days after the information is provided to each school district, the department shall also provide the academic growth information to each district public school for the students enrolled in the district public school. Upon receipt of the academic growth information, the principal of each district public school shall ensure that appropriate educators in the school who work directly with a student have access to the necessary academic growth information concerning that student.

(b) For each school year, the department shall provide to the institute academic growth information for each student enrolled in the institute charter schools, based on the statewide assessment results for the preceding school years. Within ten days after the information is provided to the institute, the department shall also provide the academic growth information to each institute charter school for the students enrolled in the institute charter school. Upon receipt of the academic growth information, the principal of each institute charter school shall ensure that appropriate educators in the school who work directly with a student have access to the necessary academic growth information concerning that student.

(3) Repealed.

(4) The department, school districts, the institute, and public schools shall maintain the confidentiality of each student's statewide assessment scores consistent with the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g, and all federal regulations and applicable guidelines adopted in accordance therewith.

(5) The school district or the district charter school or institute charter school in which a student is enrolled shall maintain the academic growth information received from the department pursuant to subsection (2) of this section in the student's individual student record maintained by the school district or by the district charter school or institute charter school.

(6) The department shall provide technical assistance and training to school districts, the institute, and public schools to assist school district, institute, and public school personnel in interpreting, using, and communicating to parents the academic growth information provided pursuant to subsection (2) of this section. The department shall pay the costs of providing technical assistance and training pursuant to this subsection (6) within existing appropriations or from any gifts, grants, or donations received for implementing this section.

(7) The department, upon request, shall make available to qualified researchers the entire longitudinally linked dataset created pursuant to section 22-11-202 and used for generating academic growth information pursuant to this section and for awarding the governor's distinguished improvement awards. For purposes of this subsection (7), qualified researchers shall include, but need not be limited to, institutions of higher education, school districts, and public policy research and advocacy organizations. The department shall provide the data in a format that allows the data to be linked with other publicly available data in the state and shall include all available data regarding student demographics, the state's school identification numbers, and student-level performance data, while protecting the privacy of individual students in a manner consistent with the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g, and all federal regulations and applicable guidelines adopted in accordance therewith.
C.R.S. § 22-32-136.5 — CO Code / Title 22 / Article 32 / Section 22-32-136.5
22-32-136.5. Children's wellness - physical activity requirement - legislative declaration
Status: in_force

22-32-136.5. Children's wellness - physical activity requirement - legislative declaration. (1) (a) The general assembly hereby finds that:

(I) Healthy children are more likely to be engaged learners, they do better in school, they have improved attendance, and they are less likely to have behavioral problems inside and outside of the classroom;

(II) Many studies have documented the link between the mind and body and the effect of movement on cognition and stimulated blood flow and oxygen to a child's brain;

(III) Studies also show that physical activity improves students' ability to focus and decreases the symptoms of attention deficit disorder and related conditions;

(IV) Children who engage in physical activity as part of the learning environment are healthier and process information better;

(V) The growing trend of childhood obesity is also beginning to affect the country's military preparedness. Recent reports show that, nationally, approximately one-third of all potential military recruits are ineligible to join because they are overweight and out of shape;

(VI) School is the only place that many children are exposed to physical activity;

(VII) According to the 2009 child health survey conducted by the department of public health and environment, one in four Colorado children are overweight or obese, and only fifty-three and five tenths percent of children meet daily physical activity recommendations; and

(VIII) Between 2003 and 2007, Colorado's child obesity national ranking dropped from third leanest in the country to twenty-third, and the number of obese children in Colorado ten to seventeen years of age increased from forty-eight thousand to seventy-two thousand.

(b) Therefore, the general assembly declares that, by supporting physical activity in public schools, Colorado will ensure that all children have access to activities that build their bodies and their brains and support their abilities to think, react, create, and learn.

(2) For purposes of this section, unless the context otherwise requires, "physical activity" may include, but need not be limited to:

(a) Exercise programs;

(b) Fitness breaks;

(c) Recess;

(d) Field trips that include physical activity;

(e) Classroom activities that include physical activity; and

(f) Physical education classes.

(3) (a) Each school district board of education shall adopt a physical activity policy that incorporates into the schedule of each student attending an elementary school the opportunity for the student to engage in:

(I) A minimum of six hundred minutes of physical activity per month if the classes at the school meet five days per week and the student attends school for a full day;

(II) A minimum of three hundred minutes of physical activity per month if the classes at the school meet five days per week and the student attends school for a half day;

(III) A minimum of thirty minutes of physical activity per day if the classes at the school meet fewer than five days per week and the student attends school for a full day; and

(IV) A minimum of fifteen minutes of physical activity per day if the classes at the school meet fewer than five days per week and the student attends school for a half day.

(b) The physical activity policy may include an exception for any month that includes a planned or unplanned full-day or half-day school closure.

(c) Each school district board of education shall implement the physical activity policy beginning with the 2011-12 school year.

(d) Each school district board of education may require the person or committee in each school designated to ensure that the school complies with the local wellness policy, as described in section 22-32-136, or the school district accountability committee and school accountability committees created pursuant to article 11 of this title to review and advise the school district or an individual school regarding the school district's or the individual school's physical activity policy and compliance with this section.

(e) The expectation that a school district adopt a policy concerning physical activity pursuant to this section is not intended to dictate instruction in the classroom.

(f) A school that, prior to January 1, 2011, provides more than the minimum minutes specified in paragraph (a) of this subsection (3) shall not decrease the amount of physical activity as a result of the policy specified in paragraph (a) of this subsection (3); except that the school may decrease its required minutes of physical activity in response to budgetary constraints, so long as the school complies with the requirements specified in paragraph (a) of this subsection (3).

(g) A school shall not substitute noninstructional physical activity for standards-based physical education instruction.
C.R.S. § 22-30.7-107 — CO Code / Title 22 / Article 30.7 / Section 22-30.7-107
22-30.7-107. Funding
Status: repealed

22-30.7-107. Funding.

(1) Repealed.

(2) For purposes of determining total program funding pursuant to article 54 of this title 22:

(a) (I) A school district that is providing a single-district online program or online school, or a school district in which a district charter school is providing a single-district online program or online school, shall include each student who is enrolled in the single-district online program or online school as of the pupil enrollment count day of the applicable budget year in the school district's pupil enrollment for the applicable budget year and shall receive the school district's per-pupil funding for each student enrolled in the single-district online program or online school.

(II) An institute charter school that is providing a single-district online program or online school shall include each student who is enrolled in the single-district online program or online school as of the pupil enrollment count day of the applicable budget year in the institute charter school's pupil enrollment for the applicable budget year and shall receive the per-pupil funding of the institute charter school's accounting district for each student enrolled in the single-district online program or online school.

(b) (I) A school district that is providing a multi-district online school, or a school district in which a district charter school is providing a multi-district online school, shall include each student who is enrolled in the multi-district online school as of the pupil enrollment count day of the applicable budget year in the school district's online pupil enrollment for the applicable budget year and must receive online funding as specified in article 54 of this title 22.

(II) An institute charter school that is providing a multi-district online school shall include each student who is enrolled in the multi-district online school as of the pupil enrollment count day of the applicable budget year in the institute charter school's online enrollment for the applicable budget year and must receive online funding as specified in article 54 of this title 22.

(3) and (4) Repealed.

(5) The general assembly hereby finds and declares that, for purposes of section 17 of article IX of the state constitution, providing funding to the online division for online education is a permissible use of the moneys in the state education fund because the moneys are being used for accountable education reform, for accountable programs to meet state academic standards, for class-size reduction, for expanding technology education, and for accountability reporting as authorized by section 17 (4)(b) of article IX of the state constitution.
C.R.S. § 22-61.5-102 — CO Code / Title 22 / Article 61.5 / Section 22-61.5-102
22-61.5-102. Legislative declaration
Status: in_force

22-61.5-102. Legislative declaration. (1) The general assembly hereby finds that:

(a) An effective teacher providing quality instruction is the single, greatest factor influencing student achievement, having a greater impact than the characteristics of a child, including poverty, race, or family history. Further, quality instruction in the classroom is the most direct way to provide equal opportunities in education, especially for at-risk students. A review of the world's top school systems suggests that three things matter most in education: Recruiting the right people to become teachers; developing these people into effective instructors; and ensuring that the educational system is able to deliver the best possible instruction for every child.

(b) The state's long-term success in achieving many of the educational goals Colorado has identified for its students will require a fundamental transformation of the teaching profession. Making a long-term commitment to reshaping the way in which Colorado attracts, trains, supports, and retains teachers is the best way to tackle problems in education, including the achievement gap, high dropout rates, and low graduation rates. This commitment will require new partnerships between the government and the private sector and among the department of education, the department of higher education, school districts, and educational membership associations, as well as a variety of other stakeholders, including, but not limited to, elected officials, business leaders, and community leaders throughout the state.

(2) The general assembly therefore declares that Colorado is committed to honoring the nobility of the teaching profession. One of the simplest and yet most profound ways to show the state's commitment to teaching is for Colorado to join other states that have elevated both the recognition and the role of the teacher named teacher of the year and to establish the Colorado teacher of the year program.
C.R.S. § 22-60.5-208 — CO Code / Title 22 / Article 60.5 / Part 2 / Section 22-60.5-208
22-60.5-208. Minority alternative teachers - fellowship program - minority alternative teache
Status: repealed

22-60.5-208. Minority alternative teachers - fellowship program - minority alternative teacher fund - created. (Repealed)
C.R.S. § 22-30-118 — CO Code / Title 22 / Article 30 / Part 1 / Section 22-30-118
22-30-118. Meeting to explain final approved plan
Status: in_force

22-30-118. Meeting to explain final approved plan. Prior to the special school district organization election, the committee shall meet with the eligible electors of each area affected by the final approved plan of organization in a convenient place within each area to explain the final approved plan of organization. The committee shall arrange for such meeting and shall give public notice thereof as required in section 22-30-115 (2) and in such other manner as may be deemed appropriate by the committee.
C.R.S. § 22-61-104 — CO Code / Title 22 / Article 61 / Section 22-61-104
22-61-104. Oath, affirmation, or pledge - professors, instructors, and teachers in state in
Status: in_force

22-61-104. Oath, affirmation, or pledge - professors, instructors, and teachers in state institutions of higher education. (1) Every person employed to teach in a state university, college, local district college, community college, or technical college in the state of Colorado, before entering upon or continuing the discharge of his or her duties, shall take or sign the following oath, affirmation, or written pledge; except that a person employed to teach in a temporary capacity who is a citizen of a nation other than the United States is not required to take such oath or affirmation or sign such pledge:

I solemnly (swear) (affirm) (pledge) that I will uphold the constitution of the United States and the constitution of the state of Colorado, and I will faithfully perform the duties of the position upon which I am about to enter.

(2) A person authorized to administer oaths in the state of Colorado shall administer the oath or affirmation, or the professor, instructor, or teacher must sign the pledge.
C.R.S. § 22-106-105 — CO Code / Title 22 / Article 106 / Section 22-106-105
22-106-105. Colorado student leaders institute - funding - cash fund created
Status: repealed

22-106-105. Colorado student leaders institute - funding - cash fund created. (1) (a) The general assembly shall annually appropriate money to the department of education for the institute to pay the direct and indirect costs that the state board of education incurs in operating the institute, including costs relating to the host institution and stipends for the institute faculty members.

(b) If the department of education does not spend the total amount appropriated pursuant to this subsection (1) by the end of the fiscal year for which it is appropriated, any amount not expended up to fifty percent of the total amount appropriated is further appropriated to the department for the subsequent state fiscal year for the same purpose.

(2) (a) In addition to the amount appropriated pursuant to subsection (1) of this section, the state board of education may solicit, accept, and expend public or private gifts, grants, or donations to implement the institute. The state board of education shall transmit any money that it receives pursuant to this subsection (2)(a) and any money it receives from participating students to the state treasurer. The state treasurer shall deposit the money in the Colorado student leaders institute cash fund, referred to in this section as the "cash fund", which is created in the state treasury. Annual operation of the institute is conditional upon receiving at least forty thousand dollars in gifts, grants, or donations by June 1 of each year.

(b) The money in the cash fund is continuously appropriated to the state board of education for the direct and indirect costs incurred in implementing the institute. The state treasurer may invest as provided by law any money in the cash fund that is not expended for the purposes of this article 106. The state treasurer shall credit to the cash fund all interest and income derived from the investment and deposit of money in the cash fund. Any unexpended and unencumbered money remaining in the cash fund at the end of a fiscal year remains in the cash fund and is not credited to another fund.

(3) Repealed.
C.R.S. § 22-63-301 — CO Code / Title 22 / Article 63 / Part 3 / Section 22-63-301
22-63-301. Grounds for dismissal
Status: in_force

22-63-301. Grounds for dismissal. A teacher may be dismissed for physical or mental disability, incompetency, neglect of duty, immorality, unsatisfactory performance, insubordination, the conviction of a felony or the acceptance of a guilty plea, a plea of nolo contendere, or a deferred sentence for a felony, or other good and just cause. No teacher shall be dismissed for temporary illness, leave of absence previously approved by the board, or military leave of absence pursuant to article 3 of title 28, C.R.S.
C.R.S. § 22-20-104 — CO Code / Title 22 / Article 20 / Part 1 / Section 22-20-104
22-20-104. Administration - advisory committee - rules
Status: repealed

22-20-104. Administration - advisory committee - rules. (1) (a) The department shall administer this part 1. Administration of this part 1 includes the recommendation to the state board of reasonable rules necessary to implement this part 1, including but not limited to:

(I) Minimum standards for administrative units, state-operated programs, approved facility schools, and personnel;

(II) Criteria for determining disability and eligibility for special education services;

(III) Procedures regarding the identification of children with disabilities pursuant to part B child find;

(IV) Requirements for parental consent, including but not limited to parental consent for the evaluation of children with disabilities and the initial provision of special education services;

(V) Required IEP content and procedures for IEP development, review, and revision;

(VI) Application of school discipline procedures to children with disabilities;

(VII) Required procedural safeguards;

(VIII) Procedures for special education dispute resolution;

(IX) Extended school year services; and

(X) Requirements pursuant to the IDEA regarding children with disabilities who are enrolled in private schools.

(XI) (Deleted by amendment, L. 2011, (HB 11-1277), ch. 306, p. 1483, § 12; (HB 11-1077), ch. 30, p. 75, § 4, effective August 10, 2011.)

(b) The state board shall adopt appropriate recommendations as rules to implement this part 1 following public comment and hearing. The rules promulgated by the state board shall be in accord with the legislative declaration set forth in section 22-20-102.

(c) An administrative unit, a state-operated program, or an approved facility school that provides plans, programs, or services that do not comply with the rules adopted by the state board will be provided by the department with a detailed analysis of any discrepancies noted along with specific recommendations for their correction. Applicable federal and state funding will be provided or continued for a reasonable period of time, as determined by the department, to allow the administrative unit, state-operated program, or approved facility school an opportunity to comply with such rules.

(2) (a) In order to assist the state board in the performance of its responsibilities for the implementation of this part 1, the state board shall appoint a state special education advisory committee of an appropriate size. The members of the advisory committee must be representative of the state population and composed of persons involved in or concerned with the education of children with disabilities, including parents of children with disabilities ages birth through twenty-six years; individuals with disabilities; teachers; representatives of institutions of higher education that prepare special education and related services personnel; state and local education officials, including officials who carry out activities under section 22-33-103.5; administrators of programs for children with disabilities; representatives of other state agencies involved in the financing or delivery of related services to children with disabilities; representatives of private schools, district charter schools, and institute charter schools; at least one representative of a vocational, community, or business organization concerned with the provision of transition services to children with disabilities; a representative from child welfare services in the department of human services established pursuant to section 26-5-102; and representatives from the division of youth services in the department of human services and from the department of corrections. A majority of the members of the advisory committee must be individuals with disabilities or parents of children with disabilities. Members are appointed for terms as determined by the by-laws of the advisory committee. Any additions to the composition of the advisory committee must be made pursuant to the procedures of the state board.

(b) (Deleted by amendment, L. 91, p. 694, § 6, effective April 20, 1991.)

(3) Repealed.

(4) To comply with this section, the department shall maintain a special education data and information system on children, personnel, costs, and revenues, and such data and information shall be used to ensure that state moneys provided to administrative units under the provisions of section 22-20-106 and other applicable revenues are being spent only on special education expenditures.

(5) and (6) Repealed.

(7) (a) (Deleted by amendment, L. 2011, (HB 11-1077), ch. 30, p. 75, § 4, effective August 10, 2011.)

(b) Repealed.
C.R.S. § 22-2-114.1 — CO Code / Title 22 / Article 2 / Part 1 / Section 22-2-114.1
22-2-114.1. Dropout rates - collection of data on grades seven through twelve
Status: in_force

22-2-114.1. Dropout rates - collection of data on grades seven through twelve. (1) The general assembly hereby declares that the dropout rate indicates a waste of economic and human potential. Therefore a correct assessment of the number of students who fail to complete high school in the typical length of time is necessary in order to fully recognize and correct the problem.

(2) The state board of education shall develop and implement in cooperation with local boards of education a model student accounting method and data collection system on dropouts in grades seven through twelve, with results to be reported to the general assembly by January 1, 1988.

(2.5) to (3) (Deleted by amendment, L. 2010, (HB 10-1171), ch. 401, p. 1933, § 1, effective August 11, 2010.)
C.R.S. § 22-54-128 — CO Code / Title 22 / Article 54 / Section 22-54-128
22-54-128. Military dependent supplemental pupil enrollment aid - definitions
Status: repealed

22-54-128. Military dependent supplemental pupil enrollment aid - definitions. (Repealed)
C.R.S. § 22-54-138 — CO Code / Title 22 / Article 54 / Section 22-54-138
22-54-138. Career development success program - created - funding - report - legislative de
Status: repealed

22-54-138. Career development success program - created - funding - report - legislative declaration - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) "Charter school" means a charter school that enrolls pupils in any of grades nine through twelve and is authorized as a district charter school pursuant to part 1 of article 30.5 of this title or as an institute charter school pursuant to part 5 of article 30.5 of this title.

(b) "Construction industry apprenticeship program" means an apprenticeship program registered with the office of apprenticeship in the United States department of labor or a state apprenticeship agency recognized by the United States department of labor that trains individuals for careers in the construction industry.

(c) "Construction industry pre-apprenticeship program" means a program or set of strategies that:

(I) Is designed to prepare individuals for careers in the construction industry by facilitating the entry of individuals into a registered construction industry apprenticeship program;

(II) Has a documented relationship with at least one apprenticeship program registered with the office of apprenticeship in the United States department of labor or a state apprenticeship agency recognized by the United States department of labor; and

(III) Meets the quality pre-apprenticeship program standards maintained by the employment and training administration of the United States department of labor.

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

(e) "Nonparticipating district" means a district that chooses not to participate in the career development success program created in this section but that is the authorizer for a participating district charter school.

(e.5) "Participating board of cooperative services" means a board of cooperative services created and operating pursuant to article 5 of this title 22 that chooses to participate in the career development success program created in this section.

(f) "Participating charter school" means a charter school that chooses to participate in the career development success program created in this section.

(g) "Participating district" means a district that chooses to participate in the career development success program created in this section.

(h) "Qualified advanced placement course" means a course in computer science that delivers a college-level curriculum and awards postsecondary course credit for pupils who achieve specified scores on the end-of-course examination.

(i) "Qualified industry-credential program" means a career and technical education program that:

(I) Upon completion, results in an industry-recognized credential with labor market value aligned with a high-skill, high-wage, in-demand occupation, as defined by Colorado's state plan for the federal "Strengthening Career and Technical Education for the 21st Century Act (Perkins V)", Pub.L. 115-224;

(II) Upon completion, results in credits that apply to graduation from a school district, district charter school, or institute charter school, which credits may be earned through concurrent enrollment as provided in article 35 of this title 22; and

(III) Is identified by the Colorado work force development council as provided in subsection (3) of this section; or

(IV) A construction industry apprenticeship program, a construction industry pre-apprenticeship program, or any other industry apprenticeship or pre-apprenticeship program that is identified by the Colorado work force development council as provided in subsection (3) of this section.

(j) "Qualified workplace training program" means an internship program.

(k) Repealed.

(l) "Work force development council" or "council" means the state work force development council created in section 24-46.3-101, C.R.S.

(2) There is created the career development success program in the department of education to provide financial incentives for participating districts, a participating board of cooperative services, and participating charter schools to encourage pupils enrolled in grades nine through twelve to enroll in and successfully complete qualified industry-credential programs; qualified workplace training programs; and qualified advanced placement courses. For the 2017-18 budget year and each budget year thereafter, each participating district, each participating board of cooperative services, and each participating charter school, as provided in subsection (5) of this section, may receive up to one thousand dollars for each pupil who, in the preceding budget year, successfully completes a qualified industry-credential program; qualified workplace training program; or qualified advanced placement course.

(2.5) (a) The general assembly finds and declares that:

(I) On March 11, 2021, the federal government enacted the "American Rescue Plan Act of 2021" (ARPA), Pub.L. 117-2, as the act may be subsequently amended, pursuant to which Colorado will receive $3,828,761,790 from the federal coronavirus state fiscal recovery fund to be used for certain specified purposes, including "to respond to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19) or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality";

(II) Under the authority granted pursuant to section 602 (f) of the ARPA, the secretary of the United States treasury adopted regulations providing further guidance to states regarding the authorized uses of the money allocated to states from the federal coronavirus state fiscal recovery fund to respond to the public health emergency or its negative economic impacts, which include:

(A) Providing assistance to unemployed workers, including job training for individuals who want to and are available for work;

(B) Providing aid to impacted industries to respond to the negative economic impacts of the COVID-19 public health emergency; and

(C) Providing programs, services, or other assistance for populations disproportionately impacted by the COVID-19 public health emergency, such as programs or services that address or mitigate the impacts of the public health emergency on education;

(III) Colorado's recovery from the COVID-19 public health emergency requires programs that support a skilled workforce and that mitigate the long-term, negative impacts on educational and economic outcomes for students;

(IV) Students from low-income communities, students from communities of color, and first-generation students face increased challenges due to the COVID-19 pandemic and the loss of student and household income and disrupted learning; and

(V) By incentivizing school districts and charter schools to increase the participation of students in qualified industry-credential programs, qualified internships, residency, construction-industry pre-apprenticeship or apprenticeship programs, and advanced placement programs for college credit, school districts and charter schools help mitigate the long-term, negative impacts from the COVID-19 public health emergency on educational and economic outcomes for students from low-income communities, students from communities of color, and first-generation students.

(b) Therefore, the general assembly declares that appropriating a portion of the federal money for the career development success program created in this section will provide the kind of assistance for which Colorado will receive money from the federal coronavirus state fiscal recovery fund and therefore is an appropriate and lawful use of the money transferred to Colorado under the "American Rescue Plan Act of 2021".

(c) This subsection (2.5) is repealed, effective July 1, 2026.

(3) (a) On or before August 15, 2016, and on or before July 1 each year thereafter, the work force development council, in collaboration with the department of higher education, the department of education, the department of labor and employment, the Colorado community college system, and the Colorado office of economic development, shall publish on the council's website a list of the qualified industry-credential programs and qualified workplace training programs that meet the quality standards required pursuant to section 23-5-145.8 (2)(c) for that school year. At least annually, the council and its partners shall identify and review the qualified industry-credential programs and qualified workplace training programs by identifying the jobs included in the Colorado talent report, prepared pursuant to section 24-46.3-103, with the greatest regional and state demand, including high-skill, high-wage jobs in in-demand industries, and, after consultation with relevant industries, identifying the programs that have labor market value and are likely to lead to the identified jobs. Any programs that the council determines do not demonstrate labor market value may be removed from the council's website.

(b) The work force development council may identify an internship as a qualified internship program only if, in addition to meeting the requirements specified in paragraph (a) of this subsection (3), the council finds that the internship:

(I) Is aligned with a postsecondary education or employment opportunity;

(II) Employs a sufficient number of internship case managers to monitor student participation in the internship;

(III) Provides students with pre-internship training or course work that is designed to prepare the students for the internship; and

(IV) Implements adequate safety and supervisory safeguards for the students participating in the internship.

(3.5) (a) Beginning in the 2022-23 school year, and for each school year thereafter, the department of education, in coordination with the department of labor and employment, the department of higher education, the Colorado community college system, and employers from in-demand industries, shall identify the top ten industry-recognized credentials, each of which must at a minimum meet the requirements specified in subsection (3.5)(b) of this section. For each of the identified credentials, the department of education shall identify the state content standards that align with the courses required to obtain the credential and post on the department's website an explanation of the standards and course alignments for each credential.

(b) To be identified as one of the top ten industry-recognized credentials pursuant to subsection (3)(a) of this section:

(I) A credential must be associated with one of the in-demand industries identified by the Colorado talent report, prepared pursuant to section 24-46.3-103 (3) for the applicable year, and Colorado's state plan for the federal "Strengthening Career and Technical Education for the 21st Century Act (Perkins V)", Pub.L. 115-224;

(II) A high-school level career pathway must have been created for the credential or high schools must have the ability to offer the credential; and

(III) The credential pathway must include concurrent enrollment courses, as provided in the concurrent enrollment programs act, article 35 of this title 22, and be likely to lead to a postsecondary degree and to jobs in high-skill, high-wage, in-demand industries.

(4) (a) Each district, each board of cooperative services, and each charter school may decide annually whether to participate in the career development success program. If a district chooses not to participate in the program but a charter school that is authorized by the district chooses to participate in the program, the nonparticipating district shall report the participating charter school pupil enrollments to the department of education as provided in this subsection (4) on behalf of the participating charter school and distribute to the participating charter school one hundred percent of the money received on behalf of the pupils enrolled in the participating charter school as provided in subsection (5) of this section.

(b) By June 30, 2017, and by June 30 each year thereafter, each participating district, each nonparticipating district on behalf of its participating charter schools, each participating board of cooperative services, and the institute on behalf of each participating institute charter school shall report to the department of education the total number of pupils enrolled in the participating district, the participating charter schools of the nonparticipating district, the participating board of cooperative services, or the participating institute charter schools who, during the school year that ends on that June 30:

(I) Successfully earned an industry certificate by completing a qualified industry-credential program;

(II) Successfully completed a qualified workplace training program; or

(III) Completed a qualified advanced placement course and earned a score on the end-of-course exam that is eligible for college credit.

(b.5) Each participating district, each nonparticipating district on behalf of its participating charter schools, each participating board of cooperative services, and the institute on behalf of each participating institute charter school, in addition to reporting the totals, shall disaggregate, to the extent possible while maintaining student privacy, the information reported pursuant to subsection (4)(b) of this section by the students' race, ethnicity, and gender, and whether a student is a student with a disability, an English language learner, or identified as at-risk due to economic disadvantage in the state school finance formula.

(c) Each qualified internship program and non-registered apprenticeship program shall determine whether a pupil successfully completes the program.

(d) Repealed.

(e) A pupil may be reported as successfully completing a qualified industry apprenticeship if the pupil is accepted as a registered apprentice in an industry apprenticeship program and employed in the industry.

(5) (a) Beginning in the 2023-24 budget year and each budget year thereafter, the general assembly shall annually appropriate at least nine million five hundred thousand dollars to the department of education for the career development success program. The department shall distribute the money as provided in this subsection (5).

(b) (I) For each budget year, the department of education shall first distribute to each district, each board of cooperative services, and to the institute an amount equal to one thousand dollars multiplied by the number of pupils reported by the district, the board of cooperative services, or the institute as successfully earning an industry certificate by completing a qualified industry-credential program; except that a participating district, participating board of cooperative services, or participating charter school shall not receive a distribution for more than ten percent of the total number of completed industry certificates reported by districts and the institute.

(II) Notwithstanding the provisions of subsection (5)(b)(I) of this section, if the amount appropriated is insufficient to fully fund the total number of completed industry certificates eligible for distribution under subsection (5)(b)(I) of this section, the department of education shall reduce the amount distributed to each district, each board of cooperative services, and to the institute by the same percentage that the deficit bears to the amount required to fully fund the total number of completed industry certificates eligible for distribution under subsection (5)(b)(I) of this section.

(c) In a budget year in which there is money remaining in the appropriation made pursuant to subsection (5)(a) of this section after distributing the money as provided in subsection (5)(b) of this section, the department of education shall distribute to each district, each board of cooperative services, and to the institute an amount equal to one thousand dollars multiplied by the number of pupils reported by the district or the institute as successfully completing a qualified workplace training program; except that, if the amount remaining is insufficient to fully fund the total number of reported pupils, the department of education shall reduce the amount distributed to each district, each board of cooperative services, and to the institute by the same percentage that the deficit bears to the amount required to fully fund the total number of pupils reported as successfully completing a qualified workplace training program.

(d) In a budget year in which there is money remaining in the appropriation made pursuant to subsection (5)(a) of this section after distributing the money as provided in subsections (5)(b) and (5)(c) of this section, the department of education shall distribute to each district, each board of cooperative services, and to the institute an amount equal to one thousand dollars multiplied by the number of pupils reported by the district, the board of cooperative services, or the institute as successfully completing a qualified advanced placement course; except that, if the amount remaining is insufficient to fully fund the total number of reported pupils, the department of education shall reduce the amount distributed to each district, each board of cooperative services, and to the institute by the same percentage that the deficit bears to the amount required to fully fund the total number of pupils reported as successfully completing a qualified advanced placement course.

(e) The department of education shall provide a participating district, participating board of cooperative services, or participating charter school one hundred twenty percent of the per-pupil amount distributed pursuant to this subsection (5) for each pupil who is identified as at-risk due to economic disadvantage in the state school finance formula and who successfully earned an industry certificate by completing a qualified industry-credential program, a qualified workplace training program, or a qualified advanced placement course.

(f) Repealed.

(6) (a) Each district that authorizes a charter school shall forward to the charter school one hundred percent of the amount that the district receives pursuant to subsection (5) of this section for students enrolled in the charter school.

(b) The institute shall forward to each institute charter school one hundred percent of the amount that the institute receives pursuant to subsection (5) of this section for students enrolled in the institute charter school.

(7) (a) Each participating district, each participating board of cooperative services, and each participating charter school shall regularly communicate to all middle and high school students and the students' families:

(I) The availability of qualified industry-credential programs, qualified workplace training programs, and qualified advanced placement courses and the benefits a student receives as a result of successfully completing one of these programs or courses;

(II) How industry-recognized credentials and guaranteed-transfer pathways courses, as defined in section 23-5-145.5 (1)(c), that are included in such credentials are aligned with postsecondary degrees and high-skill, high-wage, in-demand jobs; and

(III) The top ten industry-recognized credentials identified pursuant to subsection (3.5) of this section.

(b) To the extent possible, all communications issued pursuant to this subsection (7) shall be provided in a language that the students and the students' families understand. The goal of the communications must be to increase participation in qualified industry-credential programs; qualified workplace training programs; and qualified advanced placement courses across all student subgroups.

(7.5) The department of education shall at least annually provide to each district and charter school that does not participate in the career development success program information explaining the program, including the credentials and advanced placement courses for which a participating district or participating charter school may receive a distribution, the amounts of the distributions, and the requirements and procedures for participating in the program.

(8) At the hearing with the joint education committee of the general assembly held in accordance with section 2-7-203 in November or December 2017, and at the hearing held each year thereafter, the department of education shall provide a report that describes the outcomes achieved by the career development success program. At a minimum, the report must include the following information:

(a) The number of districts, boards of cooperative services, and charter schools that participated in the program;

(b) The number of students in each year of the program that the participating districts, participating boards of cooperative services, and participating charter schools reported as earning an industry certificate by completing a qualified industry-credential program; successfully completing a qualified workplace training program; or completing a qualified advanced placement course and earning a score on the end-of-course exam that is eligible for college credit. The department shall report the student numbers in totals and disaggregated based on the student demographics specified in subsection (4)(b.5) of this section.

(c) The specific industry certificates earned;

(d) The total amount appropriated for the program and the amounts distributed pursuant to each of subsections (5)(b), (5)(c), and (5)(d) of this section, in total and to each participating district, participating board of cooperative services, and participating charter school;

(e) Whether in any year of the program the department was required to make a pro rata reduction in the amounts distributed pursuant to subsection (5)(b), (5)(c), or (5)(d) of this section in accordance with the provisions of said subsections;

(f) To the extent information is available, whether more students met the requirements for funding under the program after the program was enacted as compared to before the program was enacted and the likelihood that a higher level of funding for the program would increase the number of students who meet the requirements for funding under the program;

(g) Whether the students participating in the qualified industry-credential programs; qualified workplace training programs; and qualified advanced placement courses graduated from high school and whether after graduation they enrolled in postsecondary education, enlisted in the military, or entered the workforce, and to the extent practicable, whether the students' careers are related to the industry-recognized credentials completed;

(h) How money received under the program was used to promote the availability of qualified industry-credential programs; qualified workplace training programs; and qualified advanced placement courses; and

(i) How the participating district, participating board of cooperative services, or participating charter school determined which qualified industry-credential programs; qualified workplace training programs; and qualified advancement placement courses to offer, including how the programs are aligned with state or local workforce needs.

(8.5) (a) No later than July 1, 2022, the department of education, in collaboration with the Colorado community college system, shall publish and disseminate materials through existing and relevant platforms used to engage with districts that include, at a minimum:

(I) The top ten industry-recognized credentials identified pursuant to subsection (3.5) of this section; and

(II) For each of the top ten industry-recognized credentials, a sample communications plan for how a participating district, participating board of cooperative services, or participating charter school may communicate the value of credentials and experiences to students and parents. The communications plan must include information on how to educate parents and students about how high school credit is tied to credentials and the courses included as a part of the credential pathway based on alignment with the state academic standards, state graduation guidelines adopted pursuant to section 22-2-106 (1)(a.5), and postsecondary credit, which may include credit through concurrent enrollment.

(b) Any materials published and disseminated pursuant to this subsection (8.5) must be made available to middle and high school students at a reasonable time before any participating district's, participating board of cooperative services', or participating charter school's course selection deadline.

(8.7) (a) A participating district, participating board of cooperative services, or participating charter school shall utilize the money received pursuant to subsection (5) of this section to promote access to qualified industry-credential programs; qualified workplace training programs; and qualified advanced placement courses, which may include:

(I) Working with local workforce boards to determine the programs and courses that will help to meet local workforce needs;

(II) Communicating with students and the students' families about the programs and courses in a language that the students and the students' families understand;

(III) Purchasing and maintaining equipment and supplies for the programs and courses, which may include the cost of examinations related to such programs and courses; and

(IV) Assisting students, including students who are eligible for free or reduced-price lunch pursuant to the federal "Richard B. Russell National School Lunch Act", 42 U.S.C. sec. 1751 et seq., students with disabilities, and students who are English language learners, with the support needed to access and succeed in the programs and courses.

(b) A participating school district or participating charter school may contract with a third party to provide the services described in this subsection (8.7).

(9) This section is repealed, effective September 1, 2034.
C.R.S. § 22-42-118 — CO Code / Title 22 / Article 42 / Section 22-42-118
22-42-118. Tax levy to pay principal and interest
Status: in_force

22-42-118. Tax levy to pay principal and interest. (1) If any school district has issued bonds under the provisions of this article, it is the duty of the board of county commissioners of the county in which said district is situated, at the time of levying other school district taxes, to levy a tax on all the taxable property of said district at a rate sufficient to produce such amount as has been certified by the board of education of said district, for the purpose of paying bonds not yet due, as provided in section 22-42-117.

(2) Except when said school district has sufficient moneys or securities in a refunding escrow account to satisfy the bonded indebtedness obligations which will be due and payable during said district's next ensuing calendar year, if the board of education fails to certify such an amount to the board of county commissioners as required by section 22-42-117, the board of county commissioners, nevertheless, shall levy upon the appropriate taxable property of said district a tax in addition to the taxes levied for other purposes, in an amount sufficient to pay all installments of principal and interest of said bonds that shall become due during the next ensuing calendar year, or, if said bonds do not become due and payable in series at different times, in an amount sufficient to pay all installments of interest then to become due and the aforesaid portion of principal.

(3) The amount certified pursuant to section 22-42-117 and the rate of the tax levy required by this section shall be sufficient to cover any deficiency which may occur by reason of delinquent payment of taxes.

(4) The county treasurer shall not collect any fee on the moneys received by virtue of a tax levied pursuant to this section, nor shall he collect any fee on any moneys received from any other source to pay bonds or interest thereon. The county treasurer may collect a fee, as provided in section 30-1-102 (1)(q), C.R.S., for services rendered by virtue of his office having been designated as the place of payment or optional place of payment for bonds issued under this article or under article 43 of this title, but this fee shall be collected only when the county treasurer has a financial institution perform such services regarding the bonds, and such fee shall be in an amount equal to the fee charged the county treasurer by the financial institution.
C.R.S. § 22-7-603 — CO Code / Title 22 / Article 7 / Part 6 / Section 22-7-603
22-7-603. State data reporting system
Status: repealed

22-7-603. State data reporting system. (Repealed)
C.R.S. § 22-32-106 — CO Code / Title 22 / Article 32 / Section 22-32-106
22-32-106. Duties - secretary
Status: in_force

22-32-106. Duties - secretary. (1) The secretary of the board shall cause written notice to be given to each member of the board of all special meetings of the board. He shall cause minutes of each meeting of the board to be kept and preserved. He shall cause all notices of election to be published and posted when so required by law. He shall be custodian of the seal of the district, shall attest any written contract to which the district may be a party when such contract has been authorized by the board, and shall affix the seal thereto. He shall perform such other duties as may be assigned to him by the board.

(2) In the absence or inability of the secretary, the assistant secretary, if any, or an officer of the board designated by the president if there is no assistant secretary, shall perform the duties of the secretary.
C.R.S. § 22-45-106 — CO Code / Title 22 / Article 45 / Section 22-45-106
22-45-106. Food-service or lunchroom account
Status: repealed

22-45-106. Food-service or lunchroom account. (Repealed)
C.R.S. § 22-2-113 — CO Code / Title 22 / Article 2 / Part 1 / Section 22-2-113
22-2-113. Commissioner - powers
Status: in_force

22-2-113. Commissioner - powers. (1) Subject to the supervision of the state board, the commissioner has the following powers:

(a) To perform all duties which may be required by law;

(b) To issue instructions to school district officers and employees concerning the government of the public schools under their control;

(c) To prescribe forms and items to be included in reports submitted by school district officers and employees and other persons;

(d) To construe provisions of the school laws on questions submitted to him in writing by any school district officer or employee or other person. Said construction may be published in either memorandum form or in any periodical devoted to the interest of education with general distribution to the public schools.

(e) To cause to be prepared, printed, and distributed report forms, registers, curriculum and instructional guides, pamphlets, and other materials as may be beneficial to personnel and pupils of the public schools. All publishing costs therefor shall be paid out of the funds appropriated to the department on warrants of the controller covering vouchers approved by the commissioner. A reasonable fee may be charged for any such materials delivered to a person not in the service of a school district or enrolled as a pupil in the public schools thereof. All receipts from such fees shall be deposited to the credit of the general fund.

(f) To recover a penalty fee from current state payments to a school district, a board of cooperative services as defined in section 22-5-103 (2), or a group care facility or home as defined by the department in its regulations when a certification to the department of education by such district, board, facility, or home for the determination of state funding by the department is not supported by generally accepted accounting principles upon audit by the department. The penalty fee shall be determined by the commissioner, but in no event shall such fee be less than fifty dollars nor more than twenty thousand dollars per initial audit.

(g) (I) To recover an interest fee from current state payments to a school district, a board of cooperative services as defined in section 22-5-103 (2), or a group care facility or home as defined by the department in its rules when a certification to the department by such district, board, or facility, for the determination of state funding, results in an overpayment to the district, board, facility, or home by the state. The interest amount shall be computed on the amount of overpayment at a rate that is equal to the earnings on the treasury pooled funds for the previous fiscal year, beginning from the final settlement date of the audit. The interest fee shall be recovered in addition to the recovery of the amount of the overpayment.

(II) (A) Notwithstanding the provisions of subparagraph (I) of this paragraph (g), for audits that begin on or after July 1, 2007, if the department determines through an audit of a school district or a group care facility or home that an overpayment of state funding has been made to the district, facility, or home due to an error in information submitted to the department, the commissioner shall not recover an interest fee from the district, facility, or home in addition to the amount of the overpayment if the district, facility, or home repays the overpayment within the period specified in sub-subparagraph (B) of this subparagraph (II).

(B) The period during which the commissioner shall not recover an interest fee pursuant to sub-subparagraph (A) of this subparagraph (II) shall be a period that is equal to the number of years and any fraction of a year between the settlement date of the audit in which the overpayment to the school district or group care facility or home was determined and the settlement date of the immediately preceding audit of the district, facility, or home. The period shall begin on the final settlement date of the audit in which the overpayment to the district, facility, or home was determined.

(C) If a school district or group care facility or home is unable to repay the total amount of the overpayment within the period specified in sub-subparagraph (B) of this subparagraph (II), the district, facility, or home and the department may negotiate an extension of the repayment period for the remaining amount of the overpayment; except that the commissioner shall recover the interest fee described in subparagraph (I) of this paragraph (g) on the remaining amount of the overpayment beginning on the day immediately following the expiration of the period specified in sub-subparagraph (B) of this subparagraph (II). The interest fee shall be recovered in addition to the recovery of the remaining amount of the overpayment.

(III) Notwithstanding any provision of subparagraph (I) or (II) of this paragraph (g) to the contrary, for the 2008-09 budget year, the commissioner may accept as repayment from a school district that has received an overpayment items for use by the department, including but not limited to lifetime online curriculum licenses, in the same value as the amount of the overpayment owed by the school district.

(h) To cooperate with local boards of education, pursuant to section 18-18-407 (2)(b), C.R.S., and make recommendations regarding the uniform implementation and furnishing of notice of the provisions of section 18-18-407 (2)(b), C.R.S.;

(i) To issue emergency orders concerning a charter school pursuant to section 22-30.5-703; and

(j) Subject to available appropriations, to expend appropriations to correct an underpayment of state funding to a school district, board of cooperative services, as defined in section 22-5-103, the state charter school institute, or a group care facility or home when a certification to the department by the school district, board, institute, facility, or home, for the determination of state funding by the department, includes an error in the information submitted to the department.
C.R.S. § 22-12-105 — CO Code / Title 22 / Article 12 / Section 22-12-105
22-12-105. False reports - misdemeanor
Status: in_force

22-12-105. False reports - misdemeanor. (1) Except as otherwise provided in this section, a person eighteen years of age or older who intentionally makes a false accusation of criminal activity against an employee of an educational entity to law enforcement authorities, school district officials or personnel, or both commits a misdemeanor and, upon conviction, shall be fined up to two thousand dollars.

(2) Except as otherwise provided in this section, a student enrolled in a public school who is at least ten years of age but younger than eighteen years of age who intentionally makes a false accusation of criminal activity against an employee of an educational entity to law enforcement authorities, school district officials or personnel, or both may, at the discretion of the court and in accordance with the provisions of the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., be subject to any of the following penalties:

(a) Community service of a type and for a period of time to be determined by the court;

(b) Any other sanction as the court in its discretion may deem appropriate.

(3) A school district may expel or suspend a student who intentionally makes a false accusation of criminal activity against an employee of an educational entity to law enforcement authorities, school district officials or personnel, or both.

(4) The provisions of this section do not apply to statements regarding individuals elected or appointed to a school board.

(5) This section is in addition to and does not limit the civil or criminal liability of persons who make false statements alleging criminal activity by others.
C.R.S. § 22-1-136 — CO Code / Title 22 / Article 1 / Section 22-1-136
22-1-136. Student identification cards - information required
Status: in_force

22-1-136. Student identification cards - information required. Each student identification card issued to a public school student must contain the phone number, website address, and text talk number for Colorado crisis services, as defined in section 27-60-104, and the safe2tell program created in section 24-31-606. The public school may also include information regarding other available crisis services on the identification card. If a public school does not issue student identification cards, the public school shall display the materials described in section 27-60-104 (10) at the school and send information related to Colorado crisis services to parents or guardians at the beginning of each school year.
C.R.S. § 22-54-147 — CO Code / Title 22 / Article 54 / Section 22-54-147
22-54-147. New arrival students funding - 2023-24 budget year - legislative declaration - d
Status: repealed

22-54-147. New arrival students funding - 2023-24 budget year - legislative declaration - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) "New arrival student" means a student who moved from another country to Colorado, directly or indirectly; who has been in the United States for less than one year; who is not proficient in English or has limited English proficiency; and whose enrollment in a Colorado public school is the student's first school enrollment in the United States.

(b) "Total net student population" means the school district's or the institute charter school's student population, determined pursuant to subsection (4) of this section.

(c) "Total new arrival student population" means the total number of new arrival students as of February 29, 2024, who enrolled in a school district or an institute charter school after the pupil enrollment count day for the 2023-24 budget year, determined pursuant to subsection (3) of this section.

(2) (a) For the 2023-24 budget year, the general assembly shall appropriate twenty-four million dollars from the state education fund to the department of education to provide one-time funding for school districts and institute charter schools that enrolled new arrival students.

(b) A school district or an institute charter school is only required to perform the requirements pursuant to this section if the school district or institute charter school is requesting funding pursuant to this section.

(c) The department of education shall retain and spend no more than fifty thousand dollars from the money appropriated from the state education fund pursuant to this section to offset direct and indirect administrative costs incurred in performing the department of education's duties pursuant to this section.

(d) The general assembly declares that for the purposes of section 17 (4) of article IX of the state constitution, providing funding to districts and institute charter schools that enrolled new arrival students is accountable education reform and an accountable program to meet state academic standards, and therefore districts and institute charter schools may receive funding from the state education fund created in section 17 (4) of article IX of the state constitution for this purpose.

(3) To determine the school district's or the institute charter school's total new arrival student population, the department of education shall calculate the sum of:

(a) A school district's or institute charter school's total number of new arrival students as of February 9, 2024, who enrolled after the pupil enrollment count day for the 2023-24 budget year, determined by data collected pursuant to section 22-24-106 (1)(a); and

(b) A school district's or institute charter school's total number of new arrival students as of February 29, 2024, who enrolled after February 9, 2024, for the 2023-24 budget year, determined by an attestation of the total number of new arrival students as of February 29, 2024, who enrolled after February 9, 2024, for the 2023-24 budget year accompanied by a signed statement submitted to the department of education by the school district's superintendent or the superintendent's designee, or the chair of the institute charter school's governing board or the chair's designee, affirming that the data provided is accurate to the best of the school district's or institute charter school's knowledge.

(4) To determine the school district's or the institute charter school's total net student population, the department of education shall calculate the difference between:

(a) A school district's or institute charter school's total number of enrolled pupils as of February 29, 2024, determined by an attestation of the school district's or institute charter school's total number of enrolled pupils as of February 29, 2024, accompanied by a signed statement submitted to the department of education by the school district's superintendent or the superintendent's designee, or the chair of the institute charter school's governing board or the chair's designee, affirming that the data provided is accurate to the best of the school district's or institute charter school's knowledge; and

(b) The school district's or institute charter school's pupil enrollment for the 2023-24 budget year on the pupil enrollment count day for the 2023-24 budget year.

(5) (a) Regardless of whether a school district or an institute charter school receives money pursuant to subsection (5)(b) of this section, the department of education shall distribute to each school district requesting funding pursuant to this section, or to the state charter school institute for the state charter school institute to distribute to institute charter schools requesting funding pursuant to this section:

(I) Fifteen thousand dollars, if the total new arrival student population of the school district that is requesting funding, or the state charter school institute on behalf of the institute charter schools requesting funding, is one or more but no more than five;

(II) Thirty thousand dollars, if the total new arrival student population of the school district that is requesting funding, or the state charter school institute on behalf of the institute charter schools requesting funding, is six or more but no more than ten;

(III) Seventy-five thousand dollars, if the total new arrival student population of the school district that is requesting funding, or the state charter school institute on behalf of the institute charter schools requesting funding, is eleven or more but no more than thirty;

(IV) One hundred twenty-five thousand dollars, if the total new arrival student population of the school district that is requesting funding, or the state charter school institute on behalf of the institute charter schools requesting funding, is thirty-one or more but no more than fifty;

(V) Two hundred thousand dollars, if the total new arrival student population of the school district that is requesting funding, or the state charter school institute on behalf of the institute charter schools requesting funding, is fifty-one or more but no more than one hundred;

(VI) Four hundred thousand dollars, if the total new arrival student population of the school district that is requesting funding, or the state charter school institute on behalf of the institute charter schools requesting funding, is one hundred one or more but no more than two hundred;

(VII) Five hundred fifty thousand dollars, if the total new arrival student population of the school district that is requesting funding, or the state charter school institute on behalf of the institute charter schools requesting funding, is two hundred one or more but no more than five hundred; or

(VIII) Seven hundred fifty thousand dollars, if the total new arrival student population of the school district that is requesting funding, or the state charter school institute on behalf of the institute charter schools requesting funding, is five hundred one or more.

(b) (I) For each school district and each institute charter school that is requesting funding pursuant to this section, the department of education shall distribute to the school district, or to the state charter school institute for the state charter school institute to distribute to the institute charter school, an amount equal to four thousand five hundred dollars multiplied by the school district's or institute charter school's total net student population or total new arrival student population, whichever is lesser.

(II) (A) If the amount appropriated pursuant to this section is insufficient to fully fund the distributions pursuant to subsection (5)(b)(I) of this section, the department of education shall reduce the amount of each school district's or each institute charter school's distributions pursuant to subsection (5)(b)(I) of this section by a proportionate percentage of the amount required to fully fund the distributions pursuant to subsection (5)(b)(I) of this section.

(B) If there is an amount remaining from the amount appropriated pursuant to this section after calculating the amount that each school district and each institute charter school requesting funding will receive pursuant to this subsection (5), the department of education shall increase the amount of each school district's or each institute charter school's distribution in subsection (5)(b)(I) of this section by a proportionate percentage of the amount remaining, so that the total amount appropriated pursuant to this section is expended.

(c) Notwithstanding section 22-2-306, the department of education is not required to provide advance notice requirements to a school district or an institute charter school in implementing this section.

(6) (a) The department of education shall ensure that a school district's or an institute charter school's total new arrival student population does not include students who were previously included in the school district's or the institute charter school's pupil enrollment for the 2023-24 budget year on the pupil enrollment count day for the 2023-24 budget year.

(b) (I) On or before a date determined by the department of education, the department of education shall provide to each district and institute charter school a preliminary amount to be distributed, determined pursuant to subsection (5) of this section.

(II) On or before a date determined by the department of education, a school district or an institute charter school may provide evidence to the department of education that supports a different amount to be distributed from the department of education's preliminary amount to be distributed determined pursuant to subsection (5) of this section.

(III) No later than May 1, 2024, the department of education shall finalize the amount to be distributed to each school district and institute charter school and notify each school district and institute charter school of that amount.

(IV) No later than May 31, 2024, the department of education shall distribute to each school district, and to the state charter school institute for the state charter school institute to distribute to each institute charter school, the amount determined pursuant to this section.

(7) The department of education is authorized to review the school district's or the institute charter school's use of funding provided pursuant to this section, but a payment is not subject to audit requirements pursuant to section 22-2-113 (1)(f).

(8) This section is repealed, effective July 1, 2026.