Beginning in the 2022-23 budget year, the act directs the department of education (department) to annually distribute to each eligible school district and each eligible institute charter school an amount of state money as a matching amount to the property tax revenue the eligible district receives from mills levied for additional revenue (override mills). To determine the amount, if any, of state matching money, the department shall annually calculate for each district: The district's maximum number of override mills; and The number of override mills the district may be expected to levy toward the district's maximum number of override mills (override mill capacity), based on the district's median household income. If a district's override mill capacity is less than the maximum number of override mills, the district is eligible to receive matching state money. The department must calculate each eligible district's mill levy match amount as provided in the act. An institute charter school that is located within an eligible district is eligible to receive a distribution of state money equal to the eligible district's per pupil mill levy match amount multiplied by the institute charter school's pupil enrollment. The department must calculate and distribute in June of each budget year the mill levy match amounts from the mill levy override match fund (fund) created in the act. The act transfers $10 million from the general fund to the fund for the 2022-23 budget year. For the 2022-23 budget year, the act appropriates $10,041,238 to the department to implement the act, $10 million of which is from the fund and $41,238 of which is from the general fund. (Note: This summary applies to this bill as enacted.)
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The act repeals the requirement that an institution of higher education (institution) must classify a student, other than a nonimmigrant alien, as an in-state student for tuition purposes if the student has attended a Colorado high school for 3 years and been admitted to college within 12 months of graduating or completing an equivalency examination. Instead, the act requires an institution to classify a student as an in-state student for tuition purposes if the student: Either attended a public or private high school for one year immediately preceding the date the student graduated from a Colorado high school or was physically present in Colorado for at least one year immediately preceding the date the student successfully completed a high school equivalency examination in Colorado; and Has been physically present in Colorado for at least 12 consecutive months prior to enrolling in an institution. The act clarifies that a student who is classified as an in-state student because the student meets the requirements in the act is an in-state student for the purposes of determining whether an institution meets the minimum required percentage of in-state students in an incoming freshman class. Because the act repeals the requirement to be admitted to college within 12 months of graduation, the act also repeals the exception to that requirement for a student who does not have lawful immigration status and graduated or successfully completed the equivalency examination prior to September 1, 2013. (Note: This summary applies to this bill as enacted.)
The executive director of the department of personnel (executive director) is required to: Create requirements regarding the authority for state public entities to initiate requests for proposals or bids or to review any private partner-initiated proposals for public projects to be completed through public-private partnerships; Create requirements regarding the authority for state public entities to execute public-private partnership agreements for public projects; Further define any relevant terms defined in the act; and Develop cost thresholds for public projects that qualify as a public-private partnership or a public-private agreement. The public-private collaboration unit is established in the department of personnel (department). The unit is required to: In coordination with relevant state public entities, identify, prioritize, and advance potential public projects that may be best delivered through a public-private partnership; Facilitate collaboration between state public entities and private partners in connection with public projects; Provide technical assistance and expertise to state public entities in connection with any aspect of proposed or approved public-private partnerships; Create best practices that incorporate lessons learned from other public-private partnerships for every stage of the life cycle of a public-private partnership; Conduct public and stakeholder engagement to encourage transparency, accountability, and information sharing regarding public-private partnerships; Track proposed, ongoing, and completed public-private partnerships; Attract private investments for public projects; and In coordination with the department of early childhood, distribute funding to help increase the supply of child care facilities using public buildings or other appropriate public assets. For the 2023-24 state fiscal year and for each state fiscal year thereafter, money is appropriated from the general fund to the department for the standard operating expenses of the public-private collaboration unit, including personal services and related costs. A state public entity is authorized to initiate solicitations, review any private partner-initiated proposals, execute public-private partnership agreements, or execute public-private agreements to develop or operate a public project subject to the requirements of the act. Any public-private agreement entered into pursuant to the act must comply with applicable state laws and processes developed by the executive director. Nothing in the act prohibits, limits, or otherwise modifies the specific statutory authority of state public entities to enter into a public-private partnership, a public-private agreement, or other agreement or to use a statutory mechanism as authorized by any other provision of law. Public-private partnerships authorized by the act are exempt from the state "Procurement Code". The Colorado economic development commission is required to establish a public-private partnership subcommittee (subcommittee) to review proposed contracts, sales, and leases of state property. The subcommittee consists of at least 3 members of the commission as selected by the commission. A state public entity that intends to enter into a contract, sale, or lease of state property is required to submit the proposed contract, sale, or lease of state property to the subcommittee for review before entering into the contract, sale, or lease of state property. The state public entity, in coordination with the Colorado economic development commission staff, is required to submit a report to the subcommittee regarding the anticipated use of the state property. The subcommittee is required to review the report and make any recommendations it deems necessary to the state public entity. The executive director is required to annually report on the implementation and use of public-private partnerships pursuant to the act at its presentation to its committee of reference at a hearing held pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act". The executive director is also required to submit the report to the joint budget committee. The existing definition of "unused state-owned real property" is modified to require that the unused state-owned real property be identified in the inventory list of unused state-owned real property maintained by the department and that the property is not being used at its optimal or best use. Money in the existing unused state-owned real property fund is continuously, rather than annually, appropriated to the department for existing purposes and for public-private agreements and any associated costs of the agreements. The state, by and through the division of employment and training the department of labor and employment, is authorized to dispose of a parcel of real property in Summit County. The proceeds must be credited to the employment support fund. (Note: This summary applies to this bill as enacted.)
The act authorizes the state treasurer to stagger the terms of the state treasurer's 3 appointed members to the public school fund investment board (investment board), commencing with new appointments beginning on and after July 1, 2022, to ensure that no more than 2 members' terms expire in the same year. Beginning in the 2022-23 state fiscal year, the act reorganizes the distribution of interest or income earned on the investment of the money in the public school fund (fund) to: Pay first from the distribution the services of the investment consultant hired by the investment board; Credit next to the state public school fund, for distribution for school finance, all remaining interest and income, not to exceed $21 million dollars; and Credit next to the public school capital construction assistance fund all remaining interest and income, not to exceed $20 million dollars. The act creates a working group, convened by the state treasurer, to consider opportunities to improve the growth of the public school fund and its distributions for the intergenerational benefit of public schools. The act authorizes the state treasurer, after consulting with the investment board, to select the members of the working group, and the act specifies the issues the working group must study. Not later than February 28, 2023, the state treasurer shall report the findings and recommendations of the working group to the joint budget committee and to the education committees of the house of representatives and of the senate. The act modifies the time frame and clarifies the circumstances in which a realized investment loss to the fund may be offset by realized gains before the general assembly is required to appropriate money to cover losses to the fund. (Note: This summary applies to this bill as enacted.)
Current law requires the department of education to distribute to each administrative unit $1,250 for each child with a disability who receives special education services from the administrative unit. The act increases the amount to $1,750 and requires the amount to increase by the rate of inflation each budget year beginning with the 2024-25 budget year. The act increases the required annual appropriation by an additional $26.8 million to fund children who have one or more disabilities and receive special education services from an administrative unit and requires the amount to increase by the rate of inflation each budget year beginning with the 2024-25 budget year. The act requires the special education fiscal advisory committee to submit a report to the education committees of the general assembly on or before January 1, 2023. The report must include the following information: An analysis of funding for special education services in other states compared to the funding model used in Colorado, with a focus on the proportionate share between federal, state, and local funding and how other states fund different categories of disabilities to target the needs of children with disabilities; An analysis of the actual costs to provide special education services to children with disabilities in Colorado; An analysis of the effectiveness of the current model for funding special education services, including whether the current funding model adequately supports special education services; An examination of the high-cost special education trust fund (fund) that includes how the fund is operated, who receives funding from the fund, and how the fund impacts those who receive funds; An analysis of the current disability categories for children with disabilities and whether the disability categories are sufficient for meeting the needs of children with disabilities; and Recommended changes, if any, to the special education services funding model. The act appropriates $80 million from the state education fund to the department of education for special education programs for children with disabilities. (Note: This summary applies to this bill as enacted.)
The act finds that current economic conditions have increased the amount of revenue available to the state for the 2022-23 budget year, allowing the state to increase the amount of appropriation for the state's share of total program funding for school districts and institute charter schools, thereby mitigating the impact of the budget stabilization factor. Additionally, it finds there is uncertainty concerning the continuity and longevity of these current economic conditions and whether high property values and increased revenue will continue. The act: Increases the statewide base per pupil funding for the 2022-23 budget year by $252.88, to account for inflation of 3.5%, to a new statewide base per pupil funding amount of $7,478.16; and Sets the total program funding for the 2022-23 budget year for all school districts and institute charter schools after application of the budget stabilization factor to not less than $8,422,216,159. The act permits a public school one year to discontinue the prohibited use of an American Indian mascot if the public school was first notified of the prohibited use on or after May 1, 2022. The act extends by six months the requirement for a board of cooperative services (BOCES) to obtain written permission from the school district in which a school operates or is located if the BOCES intends to authorize the school and the school is physically located within the geographic boundaries of a school district that is not a member of the BOCES. The act extends by one year the ability for local education providers to carry forward more than 15% of per-pupil intervention money received pursuant to the "Colorado READ Act". The act extends by one year the local accountability system grant program and the requirement that the department of education (department) contract with an external evaluator to evaluate the implementation of the local accountability systems. The act makes an appropriation of $100,000 for this evaluation. The act extends by one year the completion of the pilot program to develop and use screening and identification processes and intervention strategies for early identification of and support for students enrolled in kindergarten through third grade who may have dyslexia. The act states that, if a school district permits a student whose parent or guardian is a resident of the state but not a resident of the district to attend school in the district, the school district shall not require the parent, guardian, or student to pay tuition to attend school in the district, regardless of when during the school year, or under what circumstances, the student enrolls in or attends school in the district. The act allows contingency reserve fund payments for rural or small rural school districts for the 2021-22, 2022-23, and 2023-24 budget years if an unusual financial burden would be caused by the withholding of local property taxes due to a delay in filing a required audit report due to extraordinary problems that could not have been reasonably foreseen or prevented by the district. The act requires the department to issue a separate school code for certain programs. The act act expands authorization for financial assistance through the educator recruitment and retention program to include applicants agreeing to teach for 3 years in educator shortage areas in the state. The act permits a vendor that contracts with the department to develop a quality teacher recruitment program, and commits to satisfying the requirement to match 100% of the money paid by the department for the contract through gifts, grants, or donations from private donors, to also accept gifts, grants, donations, or other pledges of money from school districts or local governments. The act removes the department's authority to reallocate money among participating schools under the school food purchasing program. The act extends by one year the K-5 social and emotional health pilot program and amend the requirements for school mental health professionals participating in the pilot program. The act permits 20% of the money appropriated for the Colorado imagination library program to be used by the contractor for operating costs. The act: Removes the limit on the number of accelerating students through concurrent enrollment (ASCENT) program participants, and allows each qualified student selected to participate in the program; Reduces the number of postsecondary credits a qualified student must have completed to be eligible to participate in the ASCENT program; and Repeals the requirement that a student who fails to complete a concurrent enrollment course must repay the amount of tuition to the local education provider and repeals a provision permitting a local education provider to require a student who receives a failing grade to repay the tuition amount of a concurrent enrollment. The act, as amended by S.B. 22-202, transfers $290 million from the general fund to the state education fund. The act clarifies the state assessments that a local education provider may decide whether students will use pencil and paper rather than a computer. The act makes an appropriation of: $184,125,900 to the department, consisting of $2,101,985 from the general fund and $182,023,915 from the state education fund; $1 million to the department for charter school institute mill levy equalization fund; $127,973 for the dyslexia markers pilot program; $43,113 to the department for college and career readiness; and $25,000 for information technology services.(Note: This summary applies to this bill as enacted.)
The act establishes the regional talent development initiative grant program (grant program) in the office of economic development (office) to fund talent development initiatives across the state that meet regional labor market needs and specified grant program goals, including initiatives that meet workforce development needs in regions as they recover from the negative economic impacts of the COVID-19 pandemic. The office, a state agency designated by the office, or a third party with whom the office contracts is to serve as the administrator of the grant program (program administrator). The office is directed to appoint a steering committee of 5 to 8 business, civic, education, and nonprofit professionals (steering committee), including at least one member representing a rural area of the state, one member representing a 2-year institution of higher education, and one member representing a 4-year institution of higher education. The steering committee will support the program administrator in: Developing a grant application process; Establishing grant application selection and prioritization criteria; and Appointing a selection committee to review grant applications and make grant award recommendations. The office, in collaboration with the departments of labor and employment, higher education, and education and the steering committee, is to identify regions throughout the state to inform the selection of grant applications. The office is to publish a report on the grant program by November 1, 2023, and by each November 1 through November 1, 2027. The act creates the regional talent development initiative grant program fund (grant program fund) and directs the state treasurer to transfer $91 million from the workers, employers, and workforce centers cash fund (cash fund) to the grant program fund as follows: $89,123,184 from federal money in the cash fund that the state received pursuant to the "American Rescue Plan Act of 2021"; and $1,876,816 from money in the cash fund that originated from the general fund. The money in the grant program fund is continuously appropriated to the office for the grant program and related costs. The grant program repeals on July 1, 2028. The act also directs the state treasurer to transfer $32,373,184 from the money in the cash fund that originated from the general fund back to the general fund. (Note: This summary applies to this bill as enacted.)
The act specifies the duties of the department of education (department) related to licensed personnel performance evaluation systems, including the following duties, which the department must comply with by the beginning of the 2023-24 school year: Creating a modified rubric for evaluating personnel who are consistently rated highly effective; Creating specialized rubrics for particular teacher or principal roles; Providing free evaluator training for school districts and boards of cooperative services (BOCES); Providing guidelines for incorporating a licensed person's professional growth achievements into the evaluation; and Providing best practices in methods of conducting evaluations. The act directs the state board of education (state board) to adopt rules as necessary to ensure that, beginning with evaluations completed in the 2023-24 school year: 30% of a teacher's or principal's evaluation is based on the academic growth of students, and the remainder is based on the teacher's or principal's attainment of quality standards; Of that 30%, up to 10% of a teacher's or principal's evaluation may be based on measures of collective student academic growth for a particular grade level or for an entire school, but the evaluation must not include measures of collective student academic growth for students who are not enrolled in the school at which the teacher or principal is employed; and If a licensed person has been employed by a school district or BOCES for one year or less, the person's evaluation must not include data created before the licensed person's employment began. School districts and BOCES are encouraged to experiment with innovative methods of conducting observations for licensed personnel evaluations and train multiple persons to serve as evaluators. A school district or BOCES must complete the licensed personnel evaluations within the school year for which the person is evaluated and report the performance ratings to the department by October 15 of the next school year. For the 2022-23 fiscal year, the act appropriates $452,973 from the general fund to the department. Of that amount: $343,059 is for educator effectiveness unit administration; $90,200 is for information technology services; and $19,714 is for legal services and is reappropriated to the department of law.(Note: This summary applies to this bill as enacted.)
On July 1, 2022, the state treasurer is required to transfer $198,470,883 from the general fund to the PERA payment cash fund. (Note: This summary applies to this bill as enacted.)
The act identifies a new at-risk measure to identify students who are at risk of below-average academic outcomes because of socioeconomic disadvantage or poverty in order to allocate resources through the state's public school funding formula to serve those students. The new at-risk measure includes: The percentage of students certified as eligible for the school lunch program based on documentation of benefit receipt or categorical eligibility, supplemented by the expansion of direct certification to participants in the medical assistance program and the children's basic health plan; and A neighborhood socioeconomic-status index that weights student needs based on socioeconomic-status index neighborhood factors linked to each student's census block group. The commissioner of education (commissioner) shall convene a working group to prepare for the implementation of the new at-risk measure in the 2023-24 budget year. The act specifies the membership of the working group. The act includes issues that the working group may consider in constructing and implementing the new at-risk measure, including collecting necessary data, constructing a neighborhood socioeconomic-status index linked to students' addresses, and testing the at-risk measure with actual student data, if available. Not later than January 31, 2023, the commissioner shall report findings and recommendations for the construction and implementation of the new at-risk measure to the education committees of the general assembly and the joint budget committee. The act requires the department of education to apply to the United States department of agriculture to obtain authorization for direct certification of students participating in the medical assistance program and the children's basic health plan. For the 2022-23 state fiscal year, to implement the act, the act appropriates $34,997 to the department of education from the general fund and provides an additional .01 FTE for administration related to public school finance; and appropriates $128,341 from the general fund to the department and provides 0.4 FTE for federal nutrition programs. (Note: This summary applies to this bill as enacted.)