S.B. 96-63 School discipline - disciplinary information - expulsion prevention. Authorizes a school district to transmit to another school district disciplinary information concerning a student who transfers to the other district. Requires a principal to communicate discipline information concerning any student to any teacher or counsellor who has direct contact with the student, and prohibits the teacher or counsellor from communicating the information to any other person. Requires each school district to inform the student and the student's parent or guardian when disciplinary information is communicated, give the student and the student's parent or guardian a copy of the disciplinary information, and allow the student and the student's parent or guardian to challenge the accuracy of the information.
Requires a court that convicts or adjudicates a juvenile for a mandatory expulsion offense, a crime of violence, or an offense involving controlled substances to notify the school district in which the juvenile is enrolled.
Requires school districts to identify students who are at risk of suspension or expulsion and to work with the student's parent or guardian to provide services to those students to help them avoid expulsion. For any student who is expelled, instructs the school district to:
Allows a school district to work with the student's parent or guardian to provide services for a student who is expelled. Specifies that, for purposes of school finance, the school district shall include in its pupil enrollment any expelled student who receives services.
Allows each school district to enter into agreements with local governmental agencies and managing state agencies, nonprofit community-based entities, and institutions of higher education to work with students' parents or guardians to provide services for students who are at risk of suspension or expulsion or have been suspended or expelled and for their families. Requires each agreement to specify:
Requires the school district to use a portion of its per pupil operating revenues and allows it to use any additional public or private moneys to provide
services under the agreement.
APPROVED by Governor April 22, 1996
EFFECTIVE April 22, 1996
S.B. 96-76 School finance - cost of living factors - certification. Changes the date for certification by the legislative council staff of the cost of living factors under the school finance act from January 15 to April 15.
APPROVED by Governor January 16, 1996
EFFECTIVE January 16, 1996
S.B. 96-77 Charter school districts - pilot program - creation. Enacts the "Charter School District Act". Authorizes the state board of education to initiate a pilot program beginning with the 1997-98 school year to test the effectiveness of charter school districts in the state. Authorizes the state board of education to approve not more than 5 school districts, each with a pupil enrollment of 15,000 or less, to operate under a charter rather than under state law and regulations. Specifies that a charter school district shall continue to comply with certain specified state and all federal requirements.
Requires a local board of education, prior to applying to become a charter school district, to submit the issue of whether to operate the school district as a charter school district to the electors of the district at any regular biennial school election or at a special election prior to applying to become a charter school district. Requires the state board to promulgate rules specifying the procedures for applying for charter status. Specifies certain requirements for the application.
Specifies that a school district charter is valid for a period not to exceed 6 academic years, after which the school district must apply for renewal. Requires the state board to provide procedures for reviewing and renewing a school district charter and the grounds upon which the state board may revoke or refuse to renew a charter or place a charter school district on probation. Provides that no charter may be renewed prior to July 1, 2003.
Requires the state board and the charter school districts to report on the pilot program to the general assembly before January 1, 2002. Repeals the "Charter School District Act" effective July 1, 2003.
Makes conforming amendments.
APPROVED by Governor May 2, 1996
EFFECTIVE May 2, 1996
S.B. 96-95 Boards of cooperative services - plans for provision of education and support services programs. Allows any board of cooperative services ("BOCES") to receive additional appropriations by submitting a plan for the provision of education and support services programs. Authorizes the department of education to distribute any moneys that may be appropriated to the BOCES based on the number of children enrolled in the school districts that are members of the participating BOCES. Specifies the contents of the plan. Authorizes a participating BOCES to provide the programs and support services specified in the plan to nonmember school districts by contract. Requires each participating BOCES to submit an annual report to the department. Requires the department to submit an annual summary report to the education committees of the general assembly. Authorizes the state board of education to adopt rules as necessary to implement the section.
Allows a BOCES to receive funds if it serves multiple school districts located in the same county. Deletes the requirement that a BOCES serve school districts that have a minimum specified valuation for assessment or total area.
APPROVED by Governor May 23, 1996
EFFECTIVE May 23, 1996
S.B. 96-125 Standards and assessments - implementation timelines. Clarifies that statewide assessments shall be phased in over 3 years at the 4th, 8th, and 11th grades. Specifies that, in creating a stratified random sample for assessing students, at a minimum the department of education shall base the sampling strata on district size. Provides that, beginning with the 3rd year of school district assessments and each year thereafter, school districts shall assess students in the 4th, 8th, and 11th grades. Establishes the statutory deadlines for full implementation of student assessments and reporting of assessment results.
APPROVED by Governor April 17, 1996
EFFECTIVE April 17, 1996
S.B. 96-199 Public school fund - interest retained to account for inflation. Requires the state treasurer to retain a portion of the interest derived from the public school fund in the fund to account for inflation and to credit the remainder of the interest to the public school income fund. Provides that the interest shall not be retained in the public school fund if inflation is zero or is negative. Provides that inflation is to be determined based on the percentage change in the consumer price index for the Denver-Boulder consolidated metropolitan statistical area.
APPROVED by Governor May 23, 1996
EFFECTIVE July 1, 1997
S.B. 96-207 Extracurricular and interscholastic activities - student participation. Establishes the circumstances under which school districts and public schools are required to allow nonresident and nonenrolled students to participate in extracurricular or interscholastic activities or programs. Establishes a presumption that a student may participate in an activity through an amateur association and participate in the same activity at a school. Requires the student to obtain permission from the school principal prior to participating in the activity through an amateur association. Allows a student to participate in an activity at a nonpublic school, at the nonpublic school's discretion. Specifies that the statutory participation provisions apply to students enrolled in public schools or nonpublic schools and students participating in nonpublic home-based educational programs.
Allows a student to participate in an activity in another school in the student's school district of attendance or residence if the school in which the student is enrolled does not offer the activity. Allows the student to participate at a school in a school district contiguous to the student's school district of residence if the activity is not offered in the student's school district of attendance or residence. Authorizes the school district to choose the public school at which the student shall participate if the student is participating in a public school other than the school at which the student is enrolled. Requires the school district to choose the school that offers the greatest number of activities in which the student wishes to participate. Prohibits a student from participating in activities at more than one school in any school year, unless an activity is not available at the school of participation.
Specifies eligibility requirements for participation in activities. Clarifies that a student who is not eligible to participate in activities at a school cannot become eligible by applying to participate in activities at another school and that the student must pay any assessed penalty before being eligible to participate in activities at any school.
Specifies that a school may charge students a participation fee as a prerequisite to participating in an activity, but that the amount of the fee for nonenrolled students cannot exceed the amount charged enrolled students who participate in the activity.
Specifies that a student who participates in an activity but who is not enrolled at the school is not included in the school district's pupil enrollment for purposes of school finance.
If a student transfers enrollment without an accompanying change of domicile by the student's parent or guardian, specifies that the transfer rules adopted by the school district determine whether a student is eligible to participate in activities at the new school; except that no transfer rule may prohibit the student from participating if the student transfers within 15 days after the beginning of the school year and prior to participating in the activity during the same year at the old school.
APPROVED by Governor May 23, 1996
EFFECTIVE May 23, 1996
S.B. 96-237 Intergovernmental agreements for school district capital projects - existing impact fee agreements - authority to require site dedication. Amends the statutory provision that states that the school finance act does not preempt intergovernmental agreements between local governments and school districts to fund school district capital projects using local government revenues other than impact fees.
Declares that this provision does not affect any agreement entered into prior to May 1, 1996, that is the subject of pending litigation before the Colorado supreme court. If a supreme court decision affirms the right to impose impact fees, permits local governments that imposed fees prior to May 1, 1996, to continue to impose such fees until July 1, 1997. If a supreme court decision rejects the right to impose impact fees, permits local governments that imposed fees pursuant to a voluntary agreement entered into prior to July 1, 1996, to continue to impose such fees for the term of the agreement. Requires that all impact fees or similar development charges or fees be appropriated on or before December 31, 1997.
States that this provision does not authorize local governments to require school site dedications or payments in lieu thereof, but does not restrict any other statutory authority of local governments to require school site dedications or payments in lieu thereof.
APPROVED by Governor June 5, 1996
EFFECTIVE June 5, 1996
H.B. 96-1012 School districts - boundaries. Reduces the number of signatures required for a school district reorganization petition. Limits school district residents to bringing one reorganization petition per school district every 3 years. Stipulates the requirements for a reorganization plan.
In a detachment and annexation where there are no public schools in the affected territory, allows posting of public notice of the meeting on the proposed plan of organization in 3 public buildings located within the affected territory or, if there are fewer than 3 public buildings, mailing of notice to eligible electors residing in the affected area.
Requires the school organization planning committee to file a map showing the proposed boundaries of each school district affected by the proposed plan of organization.
Where the plan of organization includes an increase in the mill levy, makes implementation of a plan of organization conditional upon voter approval of the mill levy increase.
Specifies that a detachment and annexation takes effect on the date specified in the plan of organization, that the affected districts continue as bodies corporate as prior to the detachment and annexation, and that the school directors of a new school district shall be elected on the day specified in the plan of organization.
Clarifies when a plan of organization is deemed rejected. Where a plan of organization involves 3 or more existing school districts, and the plan is approved by at least 2 but less than all of the involved school districts, allows the approving school districts to formulate a new plan of organization involving the approving districts.
Clarifies that the limit of bonded indebtedness for new school districts is the same as existing school districts.
Where a reorganization results in creation of 2 or more school districts within the boundaries of an existing school district, authorizes the plan of organization to include the creation of joint taxation districts to incur bonded indebtedness for capital construction and to raise and expend property taxes to retire such indebtedness. Authorizes the school districts in the joint taxation district to share their assessed valuations.
Eliminates the district-specific requirements for creating a capital improvement zone in a school district within 36 months after the district attempts a successful or failed reorganization.
Directs the department of education to promulgate rules and regulations for the assignment of a cost of living factor to new districts, except districts created through deconsolidation. Provides that such rules and regulations shall apply only until a cost of living factor is certified for the new districts by the legislative council. Specifies that deconsolidated districts retain the cost of living factor of the district from which they were separated until a new cost of living factor is certified for the district by the legislative council.
Specifies the method of determining the mill levy in and the specific ownership tax revenue payable to reorganized districts in the first year following the reorganization.
Includes other miscellaneous amendments concerning district reorganization.
APPROVED by Governor March 20, 1996
EFFECTIVE July 1, 1996
H.B. 96-1041 Special education - deaf and hard-of-hearing children. Recognizes the unique needs of children with low-incidence disabilities. Identifies the specific educational needs of deaf and hard-of-hearing children.
Requires the committee that prepares an individual educational program for a child who is deaf or hard of hearing to consider the child's specific communication needs, including:
Requires the school to explain to the child's parent all of the educational options available to the child at the time the individual educational program is prepared. Specifies reasons for which a child may not be denied education in a particular communication mode or language. Allows a child to receive education in multiple communication modes or languages. Requires that a child receive education in the communication mode or language that is deemed beneficial for the child.
Clarifies that the committee does not have to ensure the availability of a specific number of peers, that the provisions of the act do not abrogate a parent's statutory rights to educational choice, and that no school district is required to expend additional resources or hire additional personnel to implement these requirements.
APPROVED by Governor March 18, 1996
EFFECTIVE March 18, 1996
H.B. 96-1139 State board of education - kindergarten through third grade literacy standards. Enacts the "Colorado Basic Literacy Act".
Requires the state board of education, after consultation with the state standards and assessments development and implementation council, to approve and identify instruments to assess the reading readiness of kindergarten pupils and the literacy and reading comprehension levels of pupils in 1st grade through 3rd grade. Requires school districts to assess such pupils annually to determine their reading readiness or literacy and reading comprehension levels. Requires public schools, in cooperation with parents, to formulate individual literacy plans for all pupils in kindergarten through 3rd grade who are reading below grade level. Specifies the minimum requirements for the individual literacy plans. Prohibits school districts from permitting pupils who are reading below grade level to pass from 3rd to 4th grade for reading classes, except for children with disabilities or children exempted from this requirement pursuant to rules promulgated by the state board of education. Requires the inclusion of model reading readiness, literacy, and reading comprehension programs in the model content standards resource bank.
Requires school districts to report annually to the department of education concerning the literacy levels of pupils in the school district.
Identifies the number of pupils reading at or above grade level as one of the criteria for the excellent schools program.
APPROVED by Governor April 22, 1996
EFFECTIVE April 22, 1996
H.B. 96-1203 At-risk students - suspension programs - pilot schools authorized - appropriation. The bill contains materials relating to the following:
School attendance law:
Limits to 25 school days the total period of any suspension of a student from a public school. Requires an informal hearing before suspending a student for a period of 10 days or less.
Requires the suspending authority to try to meet with the student's parent, legal guardian, or custodian during the period of a student's suspension to discuss whether the pupil should receive a remedial discipline plan. Prohibits the suspending authority from extending a period of suspension because of the failure of the suspending authority to meet with the student's parent, legal guardian, or custodian. Requires the development of a remedial discipline plan for a student who is suspended for more than 10 school days during any school year. Requires the suspending authority to allow any suspended student to make up school work missed while the student was suspended.
Allows local school boards to delegate to a designee the responsibility to conduct crime of violence hearings. Specifies that time spent by a student in an alternate education program while awaiting disposition of criminal charges is not considerate a period of expulsion.
Changes the definition of "habitually disruptive student" to a student who has been suspended 3 times during a school year. Requires that notice of each suspension counted toward defining the student as "habitually disruptive" be given to the student's parent, legal guardian, or custodian. Requires the school, in cooperation with the student's parent, guardian, or legal custodian, to develop a remedial discipline plan for a student after the first suspension and to review and modify the plan after the second suspension.
Changes one ground for mandatory expulsion from possession of a deadly weapon to possession of a dangerous weapon and defines "dangerous weapon" for this purpose.
Requires the development of a plan to assist habitually truant students to remain in school. Deletes the requirement that school personnel and the student's parent meet after the 4th unexcused absence in a month or the 10th unexcused absence in a year.
In-school and in-home suspension programs:
Establishes a grant program for in-home and in-school suspension programs that will provide continuous instruction, supervision, and discipline to suspended students for the duration of their suspensions. Specifies minimum program requirements. Authorizes the state board of education to approve applicants. Provides for 2-year renewable grants. Allows any public school or any public or private agency operating in conjunction with any such public school to apply for such grants. Limits the grant amount to $25,000 per program per year and $500,000 for all programs per year. Requires each participating school to submit an annual report concerning the effectiveness of the program.
Pilot schools:
Authorizes the state board of education to establish not more than 4 pilot schools throughout the state for students in grades 6 through 9 who are at risk of being expelled or who have been expelled for a period in excess of 30 days. Establishes the required features of a pilot school and the process for applying to operate such a pilot school.
Appropriates $557,853 out of the general fund to the department of education. Decreases the general fund appropriation in the long bill to the capital construction fund and the capital construction fund exempt appropriation to the department of transportation by $557,853.
APPROVED by Governor June 5, 1996
EFFECTIVE July 1, 1996
H.B. 96-1217 School districts - detachment and annexation - tax-exempt property. Allows the detachment and annexation of 40 acres or less of territory in one school district owned by a tax-exempt entity that adjoins property owned by the entity in another school district if the adjoining school districts adopt resolutions to that effect by a 2/3 majority of the boards of education of said districts. Specifies a procedure for detachment and annexation of such territory. Provides that the detachment and annexation authority is repealed December 31, 1998.
APPROVED by Governor March 20, 1996
EFFECTIVE March 20, 1996
H.B. 96-1249 Qualifications of special education teachers. Requires the department of education to issue a special endorsement to any applicant who completes a special education program offered by an accepted institution of higher education that has been approved by the state board of education. Requires the state board of education to establish for shortage areas within the state criteria for the issuance of a provisional teacher license to any applicant from another state or country.
Directs the Colorado commission on higher education to adopt policies and procedures to require state-supported institutions of higher education currently offering approved special education programs to require the minimum amount of preparation necessary to perform services as an entry-level special education teacher.
APPROVED by Governor June 3, 1996
EFFECTIVE June 3, 1996
H.B. 96-1254 Special services providers - licensing. Excepts physical therapists, occupational therapists, and school nurses holding valid Colorado licenses or registrations or valid national certificates from any assessment of basic skills as a requirement for a provisional special services license.
APPROVED by Governor March 25, 1996
EFFECTIVE March 25, 1996
H.B. 96-1293 Revisions to the "Charter Schools Act". Adds encouragement of the use of proven teaching methods to the purposes of the "Charter Schools Act".
Allows a local board of education to waive locally imposed school district requirements for a charter school applicant without seeking a waiver from the state board of education.
Repeals the requirement that a charter school application include a statement of the need for a charter school in the specified geographic area. Requires that a charter school application include the employment policies of the proposed charter school.
Requires applications to be filed with a local board of education by October 1 to be eligible for consideration for the following school year, and prohibits a local board of education from charging any application fees. Authorizes the applicant and the local board of education to jointly waive statutory deadlines. Authorizes a charter applicant to appeal a decision of a local board of education granting a charter that unilaterally imposes conditions unacceptable to the charter applicant. Requires a local board of education to state its reasons for denying, revoking, or not renewing a charter. Requires a local board of education to send the department of education a copy of an approved charter within 15 days after granting the charter.
Requires an applicant appealing a local board of education's denial, revocation, or nonrenewal of a charter to state the reasons it is appealing the decision of the local board of education, limited to the grounds specified by the local board of education. Allows parties to use a facilitation process in lieu of appeal to the state board.
Increases the cap on the number of charters granted from 50 to 60.
Declares that the provisions of the "Charter Schools Act" are severable. Provides that charters entered into prior to July 1, 1998, shall remain in effect for the remainder of the term of the charter, subject to statutory provisions in existence prior to said date.
Provides that the amount of tuition to cover excess costs in educating a child with a disability by a charter school shall be determined by guidelines developed by the department of education rather than pursuant to a contract between the district of residence and the charter school that is approved by the department.
APPROVED by Governor May 22, 1996
EFFECTIVE May 22, 1996
H.B. 96-1354 School finance - additional funding - district levies - pupil count dates - transfer of interest - bonded debt limit - property tax carryforwards - full-day kindergarten program - preschool program providers - out-of-district placement study - intergovernmental agreements for capital projects - appropriations. Increases the minimum per pupil funding amount from $4,200 to $4,305 and provides that this amount shall increase in future years by an amount equal to at least 85% of the percentage increase in statewide base per pupil funding. Increases statewide base per pupil funding from $3,463 to $3,568. Establishes a formula for determining the cost of living factor to be used in computing school finance funding for the 1996-97 budget year and thereafter.
For districts' 1996-97 total program, permits districts to certify their eligibility for additional school finance revenues: 1) Under their constitutional fiscal year spending limits; and 2) In excess of their constitutional fiscal year spending limits with voter approval but in no event more than the district could receive under the school finance formula. Requires that such certifications be submitted no later than December 1, 1996, and have been reviewed and approved by a district auditor.
Increases the amount required to be allocated to the instructional supplies and materials, the capital outlay, and the other instructional purposes accounts from $120 to $130 per pupil. Reduces the amount of such moneys that may be used for staff development from one-third to 20%. Increases the amount required to be allocated to the capital reserve fund or insurance reserve fund from $202 to $210 per pupil.
Reduces the maximum school district levy by one and a half mills but prohibits any district from setting a levy that would cause a total levy reduction of more than 2.5 mills for the 1995-96 and 1996-97 budget years. Clarifies a statutory reference concerning the required school district mill levy. Permits the continuation of a hold harmless levy at a level which will generate the same amount of revenue as that levy generated for the 1995-96 budget year. Clarifies that "additional levy", as used in the section authorizing local district overrides, refers to a levy in addition to the levy required by the school finance act.
Provides that the categorical funding for transportation associated with a court-ordered desegregation plan shall not be credited to the public school transportation fund and shall be funded by an appropriation that is separate from other categorical transportation funding provided to school districts.
Authorizes school districts to elect to count at-risk pupils on October 15 or the school day nearest that date. Authorizes the department of education to establish alternate count dates for determining pupil enrollment when appropriate but requires that such alternate dates be no less than 45 nor more than 60 days after the beginning of the regular school program.
Clarifies language requiring interest earned on certain moneys transferred to the public school fund during the 1994-95 and 1995-96 fiscal years to be retained in the fund and directs the state treasurer to transfer all other interest to the public school income fund.
Makes a technical correction to a statutory reference concerning limits on school district bonded indebtedness. Provides that the school district bonded indebtedness limit is the greater of 25% of the district's assessed valuation or 6% of the actual value of taxable property in the district and extends the time for holding elections on bonded indebtedness from July 1, 1996, to July 1, 2000.
Makes existing provisions concerning the offset and use of property tax revenues carried forward by a school district applicable to districts that received the minimum state aid under the "Public School Finance Act of 1988". Permits the use of property tax carryforwards for both capital projects and other purposes, but limits the amount that can be spent for purposes other than capital projects.
Extends the department of education's authority to establish a full-day kindergarten program through the 2000-01 budget year and increases the limit on the number of children that may participate to 500.
Authorizes the state board of education to revoke or withhold its accreditation of any school district, after 60 days notice and an opportunity for hearing, for failure to comply with the provisions of the school finance act. Provides that board of education members, superintendents, and chief financial officers of school districts may be held personally liable to district taxpayers for knowingly and willingly certifying a mill levy in excess of the amount authorized by law.
Requires every district preschool program council to annually submit to the board of education a list of private child care agencies that are licensed and in good standing and that are eligible for participation in the district's preschool program. Requires that the list also include the number of children each agency can serve. Provides that preschool program criteria established by the department of education shall require that all private providers afford all eligible children an equal opportunity to enroll regardless of their race, ethnicity, or place of residence within the district.
Directs the commissioner of education to conduct a study in conjunction with the executive director of the department of human services concerning pupils placed in foster homes, child placement agencies that are located in a jurisdiction other than the jurisdiction that licensed them, pupils placed by such agencies, and the impact of such placements on school districts. Requires that the results of the study be reported to the General Assembly no later than December 1, 1996.
Requires that appropriations made to fund gifted and talented programs be designated by a separate line item in the annual general appropriation act. Extends the deadline for making the electronic data communications reporting system available on a pilot basis from July 1, 1995, to July 1, 1996, and the deadline for complete implementation from July 1, 1996, to July 1, 1997. Authorizes school districts to deposit the proceeds from sales of certificates of participation in their pension or retirement funds.
Provides that, beginning with the 1996-97 budget year, teachers at the Colorado school for the deaf and the blind shall be compensated in accordance with the previous year's salary schedule, salary policy, or both, of the school district in which the school is located. Provides that funding for the compensation of such teachers shall be included in the appropriation for the school for the deaf and the blind and shall not affect state funding distributed to the district in which the school is located. Holds any teacher who would receive less compensation under this system harmless until application of the previous year's salary schedule, salary policy, or both, would result in an increase in the compensation to which the teacher is entitled.
States that nothing in the school finance act shall be construed to prohibit intergovernmental agreements between school districts and local governments to perform capital construction projects using local government revenues other than impact fees or other development charges or fees. Allows a local government to continue to accept and expend impact fees for capital projects contributed voluntarily on or before December 31, 1997, pursuant to existing agreements. Declares that this section has no effect on county subdivision regulation powers.
Provides that the provisions of this act applicable to the Colorado preschool program take effect July 1, 1996.
Appropriates $56,341 for the compensation increases for teachers at the Colorado school for the deaf and blind. Appropriates $3,200 to the department of human services for the out-of-district placement study. Adjusts the appropriation for the state aid school finance payments for the 1996-97 budget year to decrease the general fund appropriation for total program by $59,541, to increase the cash fund appropriation for total program by $1,225,684, and to increase the cash fund exempt appropriation for the total program by $1,838,526.
APPROVED by Governor June 3, 1996
PORTIONS EFFECTIVE June 3, 1996, July 1, 1996
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