CO Code § 22-30.5-112.1 (2021)
2021 Colorado Code|Title 22 - Education|Article 30.5 - Charter Schools|Part 1 - Charter Schools Act|§ 22-30.5-112.1. Charter Schools - Exclusive Jurisdiction Districts - Authorized on or After July 1, 2004 - Financing - Definitions

  As used in this section, unless the context otherwise requires:     “Adjusted district per pupil revenues” means the greater of: (a) (I) “Adjusted district per pupil revenues” means the greater of:   The qualifying school district's per pupil funding plus the qualifying school district's at-risk per pupil funding plus the qualifying school district's English language learner per pupil funding; or    Minimum per pupil funding as calculated pursuant to section 22-54-104 (3.5)(d).       Notwithstanding any provision of subparagraph (I) of this paragraph (a) to the contrary, in a budget year in which a qualifying school district receives minimum per pupil funding as calculated pursuant to section 22-54-104 (3.5)(d), “adjusted district per pupil revenues” means minimum per pupil funding as calculated pursuant to section 22-54-104 (3.5)(d).       “At-risk funding” means the amount of funding determined in accordance with the formulas described in section 22-54-104 (4).    “At-risk per pupil funding” means the amount of funding determined in accordance with the following formula:    “At-risk pupils” shall have the same meaning as provided in section 22-54-103 (1.5).    “Central administrative overhead costs” shall have the same meaning as provided in section 22-30.5-112 (2)(a.5)(I).    “District charter school” means a charter school for which the charter application is approved on or after July 1, 2004, by a qualifying school district.    “District funded pupil count” shall have the same meaning as provided in section 22-54-103 (7).    “District per pupil funding” means a qualifying school district's per pupil funding as determined in accordance with the formula described in section 22-54-104 (3).    “District per pupil online funding” means a school district's online funding, as specified in section 22-54-104 (4.5), divided by the district's online pupil enrollment for any budget year.    “District per pupil revenues” means the qualifying school district's total program, as defined in section 22-54-103 (6), for any budget year divided by the qualifying school district's funded pupil count for said budget year.  (j.2) “English language learner funding” means the amount of funding determined in accordance with the formula described in section 22-54-104 (4.3).   (j.4) “English language learner per pupil funding” means the amount of funding determined in accordance with the following formula:   (j.6) “English language learner pupils” has the same meaning as provided in section 22-54-103 (6.5).     “Online pupil enrollment” means:   Repealed.    For the 2008-09 budget year, and for budget years thereafter, the number of pupils, on the pupil enrollment count day within the applicable budget year, enrolled in, attending, and actively participating in a multi-district online school, as defined in section 22-30.7-102 (6), created pursuant to article 30.7 of this title, by the district charter school.       “Pupil enrollment” shall have the same meaning as provided in section 22-54-103 (10).    “Qualifying school district” means a school district:   That has retained exclusive authority to authorize charter schools pursuant to the provisions of section 22-30.5-504; and    In which more than forty percent of the pupil enrollment consists of at-risk pupils.          Notwithstanding the provisions of section 22-30.5-112 (2)(a) to (2)(a.5), (2)(b), (2)(b.5), and (2)(c), the amount of funding to be received by a district charter school, the accounting of central administrative overhead costs between a district charter school and a qualifying school district, and the direct purchase of district services by a district charter school from a qualifying school district shall be determined pursuant to the provisions of this section.      For budget year 2004-05 and budget years thereafter, each district charter school and the qualifying school district that approved the charter shall negotiate funding under the charter contract. The district charter school shall receive one hundred percent of the adjusted district per pupil revenues for each pupil enrolled in the district charter school who is not an online pupil and one hundred percent of the district per pupil online funding for each online pupil enrolled in the district charter school; except that the qualifying school district may choose to retain the sum of the actual amount of the district charter school's per pupil share of the central administrative overhead costs for services actually provided to the district charter school, up to five percent of the adjusted district per pupil revenues for each pupil who is not an online pupil enrolled in the district charter school and up to five percent of the district per pupil online funding for each online pupil enrolled in the district charter school.    Notwithstanding any provision of this subsection (3) to the contrary, if a qualifying school district enrolls five hundred or fewer students, the district charter school shall receive funding in the amount of the greater of one hundred percent of the district per pupil online funding for each online pupil enrolled in the district charter school plus one hundred percent of the district per pupil revenues for each pupil who is not an online pupil enrolled in the district charter school, minus the actual amount of the district charter school's per pupil share of the central administrative overhead costs incurred by the qualifying school district, based on audited figures, or eighty-five percent of the district per pupil revenues for each pupil enrolled in the district charter school who is not an online pupil plus eighty-five percent of the district per pupil online funding for each online pupil enrolled in the district charter school.    For purposes of calculating a charter school's funding pursuant to this subsection (3):   If the charter school operates a full-day kindergarten educational program, the pupils enrolled in the program are counted as full-day pupils; except that a student enrolled as less than a full-time pupil is counted in accordance with rules promulgated by the state board; and    If the charter school operates a half-day kindergarten educational program, the pupils enrolled in the program are counted as half-day pupils and the number of pupils enrolled in the charter school must include the supplemental kindergarten enrollment as defined in section 22-54-103 (15).          Within ninety days after the end of each fiscal year, each qualifying school district shall provide to each district charter school authorized by the qualifying school district an itemized accounting of all its central administrative overhead costs. The actual central administrative overhead costs shall be the amount charged to the district charter school. Any difference, within the limitations specified in subsection (3) of this section, between the amount initially charged to the district charter school and the actual cost shall be reconciled and paid to the owed party.    The district charter school, at its discretion, may contract with the qualifying school district for the direct purchase of district services in addition to those included in central administrative overhead costs, including but not limited to food services, custodial services, maintenance, curriculum, media services, and libraries. The amount to be paid by a district charter school in purchasing any district service pursuant to this subsection (5) shall be determined through an agreement between the district charter school and the qualifying school district using one of the following methods:   By dividing the cost of providing the service for the entire qualifying school district, as specified in the qualifying school district's budget, by the number of students enrolled in the qualifying school district and multiplying said amount by the number of students enrolled in the district charter school;    By determining the actual costs incurred by the qualifying school district in providing support services; or    By negotiating a services agreement between the district charter school and the qualifying school district pursuant to which multiple services are provided for a fixed cost.       Notwithstanding any other provision of this section to the contrary and for the purposes of this section only, a school district in which more than forty percent of the pupil enrollment consists of at-risk pupils at the time a charter school's application is first approved shall be deemed to have the same percentage of at-risk pupil enrollment for the term of the charter contract. For purposes of renewal of the charter contract, the percentage of at-risk pupils in the school district at the time the renewal application is submitted shall be the percentage used for purposes of determining whether the school district is a qualifying school district and subject to the provisions of this section.      Notwithstanding any provision of this section to the contrary, a district charter school that converts from an institute charter school pursuant to section 22-30.5-504 (10) continues to receive, as calculated pursuant to section 22-30.5-513, the accounting district's adjusted per pupil revenues and at-risk supplemental aid as the funding applied to the converted school before the conversion; except that this subsection (7) does not apply if the converted school is authorized by a small rural school district, as described in section 22-54-108 (3)(b)(IV).    Repealed.         (The qualifying school district's at-risk funding divided by the qualifying school district's funded pupil count) x (the district charter school's percentage of at-risk pupils divided by the qualifying school district's percentage of at-risk pupils)   (The qualifying school district's English language learner funding divided by the qualifying school district's funded pupil count) x (the district charter school's percentage of English language learner pupils divided by the qualifying school district's percentage of English language learner pupils)   History. Source: L. 2006: Entire section added, p. 574, § 5, effective April 24. L. 2007: (1)(i) and (1)(k) amended, pp. 1090, 1086, §§ 18, 8, effective July 1. L. 2009: (1)(k)(I) repealed,(SB 09-292), ch. 369, p. 1962, § 58, effective August 5. L. 2012: (1)(k)(II) amended,(HB 12-1090), ch. 44, p. 150, § 7, effective March 22; (1)(k)(II) amended and (3)(c) added,(HB 12-1240), ch. 258, pp. 1317, 1311, §§ 28, 11, effective June 4. L. 2014: (1)(a) amended,(HB 14-1298), ch. 244, p. 925, § 10, effective May 21. L. 2016: (7) added,(SB 16-208), ch. 271, p. 1124, § 2, effective August 10. L. 2019: (3)(c) amended,(HB 19-1262), ch. 245, p. 2398, § 6, effective May 21. L. 2021: (1)(a)(I)(A) amended, (1)(j.2), (1)(j.4), and (1)(j.6) added, and (7)(b) repealed,(SB 21-268), ch. 222, pp. 1193, 1175, §§ 31, 13, effective June 11.    Editor's note:   Amendments to subsection (1)(k)(II) by House Bill 12-1090 and House Bill 12-1240 were harmonized.