2023 Colorado Revised Statutes › Title 22 - EDUCATION (§§ 22-1-101 — 22-108-109) › FINANCING OF SCHOOLS - CONTINUED (§§ 22-53-101 — 22-58-101) › Article 54 - Public School Finance Act of 2025 (§§ 22-54-101 — 22-54-147) › Section 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
+ Districtat-risk funding
+ District English language learner funding
+ Districtspecial education funding
+ Districtcost of living factor funding
+ Districtlocale factor funding
+ Districtsize factor funding
+ Districtextended high school funding
+ Districtonline 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, oran 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 a 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 fundedpupil 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 fundedpupil 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)
Added by 2024 Ch. 236,§ 7, eff. 5/23/2024.