VETOED by Governor March 29, 1999
S.B. 99-39 Dropout rates - definition - reporting between school districts. Modifies the definition of a "dropout" to mean a person who is the subject of notification to a school or school district that such person has left or will leave school for any reason, or such person has been absent from class for 6 consecutive weeks or more in any one school year. Specifies that a student who is excused from school for a long-term illness or who is enrolled in an on-line educational program shall not be counted as a dropout.
Requires the state board of education to adopt rules requiring school districts to report the enrollment of students who have transferred to another school or school district in order to identify dropouts more accurately. Directs the state board of education to set standards for determining which school or school district shall count a dropout in its dropout count.
APPROVED by Governor June 1, 1999
EFFECTIVE June 1, 1999
S.B. 99-52 Charter schools - tax-exempt financing - extension of charter - educational programs - application - review and deadlines. Clarifies that, for purposes of tax-exempt financing, a charter school is a governmental entity. States that direct leases and financial obligations of a charter school do not bind the school district unless the district specifically assumes such obligations. Permits a charter school and the local board of education to extend the length of the charter beyond 5 years in order to enhance the terms of financing.
Authorizes a charter school to offer any educational program that may be offered by a school district unless expressly prohibited by the charter or state law.
Requires that, for purposes of reviewing charter school applications, a district accountability committee must have at least one member who is knowledgeable about charter schools and another who is a parent or legal guardian of a child enrolled in a charter school in the district or, if there are no charter schools in the district, a parent of a child enrolled in the district.
Requires the school district to rule upon the application within 75 days after receipt of the application. Directs that the contract between the charter school and the local board of education be concluded no later than 90 days after the local board of education rules on the application for a charter school unless the parties mutually agree to waive the deadline.
APPROVED by Governor June 2, 1999
EFFECTIVE August 4, 1999
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of
this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation of the governor.
S.B. 99-68 School district boards of education - powers - sanctions for failure to return textbooks. Authorizes a school district to withhold the diploma, transcript, or grades of any student who fails to return or replace a textbook loaned to the student by the school district and to prevent the student from participating in any graduation or continuation ceremony. Requires the school district to make a reasonable effort to obtain payment for lost or damaged textbooks. For students who are unable to pay for textbooks, allows the school district to design an alternative payment plan that may include service within the school in which the student is enrolled.
APPROVED by Governor April 14, 1999
EFFECTIVE April 14, 1999
S.B. 99-139 Law-related education advisory board - termination. Eliminates provisions concerning the law-related education advisory board within the Colorado department of education prevention initiatives unit, scheduled for repeal effective July 1, 1999.
APPROVED by Governor March 24, 1999
EFFECTIVE March 24, 1999
H.B. 99-1037 School district - grounds for expulsion - offense against the person - enrolling in victim's school - prohibited. Requires a school district to prohibit certain expelled students from enrolling or re-enrolling in the same school in which the student's victim or a member of the victim's immediate family is enrolled or employed. Where a school district does not have actual knowledge of the victim's name, provides that the provisions of the act shall be implemented only on request of the victim or a member of the victim's immediate family.
In any school district that has only one school in which the expelled student may enroll, requires the school district either to prohibit the expelled student from enrolling or re-enrolling as above or to design a schedule that minimizes the contact between the expelled student and the victim.
Specifies that the prohibition is limited to those students who were convicted, adjudicated a juvenile delinquent, received a deferred judgement, or placed in a diversion program as a result of the offense for which they were expelled. Does not apply to expelled students who only commit an offense against property. Prior to implementing the provisions of the act, requires a school district to obtain information from the appropriate court to determine whether an expelled student is subject to the provisions of the act.
Permits any county or district court to issue a temporary or permanent civil restraining order to enjoin the expelled student from enrolling or re-enrolling as above, and provides for an expedited ex parte hearing on such matter.
Applies to offenses committed on or after July 1, 1999.
APPROVED by Governor April 22, 1999
EFFECTIVE July 1, 1999
H.B. 99-1039 School employees - background checks - disclosure of reasons for leaving employment - appropriation. Expands the criminal background checks for all prospective school employees to include whether the person has committed any felony. During a person's employment by a school district or nonpublic school, authorizes the school district or school to make an inquiry to the department of education to determine if the person has been convicted of a felony or a misdemeanor involving unlawful sexual behavior or unlawful behavior involving children or left employment with a school district or had a teaching certificate annulled, suspended, or revoked because of an allegation involving unlawful sexual behavior or unlawful behavior involving children.
Requires school districts to notify the department of education whenever it learns that a current or past employee has been convicted of any felony or a misdemeanor involving unlawful sexual behavior or unlawful behavior involving children.
Directs a nonpublic school to submit to the department of education a set of each applicant's fingerprints. Requires the department of education to transmit the fingerprints to the Colorado bureau of investigation and to inform the school of the results of the investigation.
Adds entering into an agreement for a deferred prosecution to the definition of "conviction" for purposes of background checks and denying, annulling, suspending, or revoking teaching certificates.
Authorizes a school district to disclose to another district or to a school the reasons why a teacher or probationary teacher left employment with the district. Requires that such information only be disclosed to the teacher and to personnel authorized to review the teacher's personnel file. Prohibits including in a teacher's contract any provision that restricts the school district from disclosing to another school district or to a school the reasons why the teacher left employment with the school district.
Appropriates $1900 from the nonpublic school fingerprint cash fund to the department of education for the implementation of this act. Appropriates $1900 to the department of public safety, Colorado bureau of investigation, crime information center, from cash funds exempt received from the department of education for the implementation of this act.
Applies to persons employed by any school district or nonpublic school and prospective school employees applying on or after July 1, 1999.
APPROVED by Governor June 1, 1999
EFFECTIVE July 1, 1999
H.B. 99-1040 School district benefit retirement systems. Authorizes a board of education of a school district to establish a comprehensive benefit retirement system for employees of the school district, employees of charter schools within the district, and other specified employees.
Provides that the benefit retirement system shall constitute a retirement association for such employees. Specifies that the board of education shall provide for the benefits to be furnished and for the organization and administration of the association in a plan. Specifies the benefits that may be paid in accordance with a plan document. Allows the board of education to authorize other programs, including programs providing health care benefits.
Specifies that all assets of the association shall be held in trust. Provides that a board of trustees shall have the exclusive authority to invest and manage the assets of the association, pay benefits, and otherwise administer the association.
Provides that any existing benefit retirement system created by a board of education under present law will become subject to this act on January 1, 2000, that the association will become the successor to the existing system whose separate existence then ceases, and that the assets of the existing system will become vested in the association which also succeeds to all contractual rights and obligations of the existing system.
Provides that a school district shall have the power to provide that school district employees who become employees of an association shall continue to receive certain employee fringe benefits from the school district, the funding of which shall be based upon the service accrued in the school district and in the association.
Specifies the membership and composition of the board of trustees. Provides that where a board of education has previously created a retirement system, members of any existing board of managers shall serve on a transitional board of trustees for the association until their terms on the board of managers would have expired. Provides that members of the board of trustees shall serve without compensation.
Specifies the powers and duties of the board of trustees. Requires the board of trustees to appoint an administrator to direct and administer the association. Allows the board to delegate certain duties and authorities to the administrator. Requires the board to adopt rules governing the administration of the association. Requires the board of trustees to submit annual reports to the board of education.
Provides that the board of trustees has the authority to determine membership status in accordance with the law and plan provisions, exemptions from membership, eligibility, service credit, and salary used to determine benefits. Specifies procedures for appealing such decisions.
Allows the administrator to delegate duties and authorities to employees of the association. Specifies circumstances and procedures for the administrator to correct administrative errors.
Specifies that the board of trustees shall control the investment and management of funds, subject to certain requirements. Requires the board to adopt a statement of investment objectives and policies.
Further specifies:
APPROVED by Governor March 24, 1999
EFFECTIVE January 1, 2000
H.B. 99-1041 Boards of cooperative services - video teleconference meetings. Authorizes a board of cooperative services to adopt a policy to allow the board to conduct meetings using video teleconferencing technology. Requires the board to hold at least one of its quarterly meetings with all members gathered in one location. Requires the policy to address how the public will be allowed access to such meetings and to specify any topics that may not be discussed at such meetings. Prohibits a board of cooperative services from going into executive session during any video teleconference. Clarifies that a quorum shall be deemed to exist if the appropriate number of board members participate in a video teleconference.
APPROVED by Governor March 24, 1999
EFFECTIVE March 24, 1999
H.B. 99-1096 Probationary teachers - continuous employment - full year - days of service required. Deems a probationary teacher's employment as a full school year if that teacher's employment includes the last 120 days of the academic year, instead of the last 90 days of the academic year.
APPROVED by Governor March 24, 1999
EFFECTIVE July 1, 1999
H.B. 99-1113 Charter schools - funding. Beginning with the budget year 2000-01, and for budget years thereafter, raises the minimum level of per-pupil funding for charter schools to 95% of district per pupil revenues. Allows the school district to retain up to 5% of district per pupil revenues in payment for the charter school's share of central administrative overhead costs; except that, for school districts that enroll 500 or fewer students, allows a charter school to receive the greater of 100% of per pupil revenues minus the actual amount of the charter school's share of central administrative overhead costs or 85% of per pupil revenues.
Defines "district per pupil revenues" as the district's total program for any budget year, divided by the district's funded pupil count for that budget year. Requires charter schools to set aside for capital reserve purposes the same per pupil amount that school districts are required to set aside. Relieves school districts of the requirement to set aside the capital reserve amount for students who are enrolled in charter schools.
Requires the school district to provide federally required educational services for students in charter schools on the same basis that such services are provided to students enrolled in other public schools. Requires each charter school to pay its share of the district's per pupil cost of providing such services. At either party's request, however, allows the charter school and the school district to negotiate alternate arrangements for the provision of and payment for services. Clarifies that the school district shall forward to the charter school any moneys received by the school district to provide federally required educational services only if the school district and the charter school have negotiated to allow the charter school to provide such services.
Specifies that the charter school may contract with the school district to purchase support services in addition to those included in central administrative overhead costs. Specifies the method for calculating the cost of such services. Allows the charter school to agree with the school district to pay any actual costs incurred by the school district in providing unique support services to the charter school.
APPROVED by Governor March 30, 1999
EFFECTIVE March 30, 1999
H.B. 99-1147 State board of education - vacancies. Provides that, if a vacancy on the state board of education occurs at any time during the period that begins with the general election in November and ends on the second Tuesday of January following the election, the vacancy shall be filled by those members of the state board of education who are elected, qualified, and sworn in or continuing in office as of that second Tuesday of January. Adds that a vacancy occurs when a board member is elected, qualified, and takes office for another state office. Requires that any person appointed to fill a vacancy on the state board of education shall be a member of the same political party as the vacating board member.
APPROVED by Governor March 24, 1999
EFFECTIVE August 4, 1999
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of
this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation of the governor.
H.B. 99-1171 School district directors - election. In school districts with fewer than 1000 students, requires a candidate for school district director to file a nominating petition signed by at least 25 eligible electors In school districts with 1,000 or more students requires the signatures of at least 50 eligible electors. States that the signatures may be from throughout the school district, regardless of the school district's plan of representation.
Repeals outdated statutory provisions concerning election of school district directors, including provisions allowing a school district to adopt 6-year terms for its directors. Allows a school district to propose a change in the number of school district directors. If directors are elected from director districts and the school district proposes an increase in the number of directors, requires the school district to simultaneously propose an appropriate change in the plan of representation. Allows a school district to adopt a combined director district and at-large plan of representation. Requires any proposal for a change in the number of directors, in the length of directors' terms, or in the plan of representation to be adopted by resolution of the school district board of education or, if proposed by petition, submitted to the board of education at least 110 days prior to the election. Allows a school district to consider in a single election multiple changes in the manner of electing school district directors.
Instructs the board of education of school district number 1 in Denver to redraw the school district's director district boundaries within 120 days after publication of the 2000 decennial census. Requires the board of education to retain 5 director districts and 2 at-large directors in redrawing the boundaries. Provides that if, following redistricting, directors whose terms continue past the November 2001 election no longer reside within the districts from which they were originally elected, said directors shall be deemed to continue representing said districts. Repeals the existing statute that specifies director district boundaries for school district number 1 following the redistricting of said districts.
APPROVED by Governor April 30, 1999
EFFECTIVE April 30, 1999
H.B. 99-1209 School finance - English language proficiency program - preschool program - school district budgets and audits - appropriations. Increases statewide base per pupil funding from $3,783 to $3,878. Increases the minimum per pupil funding to $4,675 and provides for annual increases thereafter by the inflation rate applied to the statewide base per pupil funding amount. Requires a legislative council staff study of the definition of "at-risk pupil". For FY 1999-2000 and thereafter, permits a school district to reduce or eliminate the capital reserve/risk management transfer if the district has a capital reserve fund that is at least 5 times the required minimum per pupil transfer multiplied by the district's funded pupil count. Allows a district to apply for contingency reserve funds to offset financial burdens caused for a decline in pupil enrollment due to a school district reorganization plan.
Effective January 1, 2000, reduces the fee charged by the county treasurer for collection of moneys for school districts from 1/2% to 1/4%.
Provides that any increase in the appropriation for the English language proficiency program over the 1998-99 appropriation be distributed to students with little or no proficiency in English. Adjusts the 1999 long bill to increase the appropriation for this program by $500,000 and provides money for the increase by reducing the FY 1999-2000 appropriation for expelled student services by $500,000 from the FY 1998-99 appropriation level. Increases the maximum number of children that may participate in the preschool program by 200 for a total of 9,050 for FY 1999-2000 and thereafter.
Alters the date for making changes in school district budgets from September 30 to October 15 and eliminates the requirement that a copy be submitted to the department of education. Amends a provision in the "Colorado Local Government Audit Law" to modify the requirement that a school district's audit report include a calculation of the district's fiscal year spending under TABOR if the school district has received voter approval to retain revenue in excess of its TABOR spending limits.
Adjusts the 1999 long bill to increase the appropriation for small attendance centers by $28,961 to fund the estimated entitlement level.
APPROVED by Governor March 30, 1999
PORTIONS EFFECTIVE March 30, 1999,
January 1, 2000
H.B. 99-1274 Charter schools - dispute resolution - provision of personal identifying information - enforcement of contracts - publication of educational options - financing. Requires each charter school to include in its charter a process for resolving disputes between the charter school and the authorizing school district. For any charter that does not include a dispute resolution process, requires the state board of education to direct the department of education to provide dispute resolution services at the request of the charter school or the school district. Requires the charter school and the school district to equally divide the department's costs in providing the services, as said costs are set by rule of the state board of education. Allows for appeal to the state board of education if either the charter school or the school district fails to participate in or comply with the dispute resolution process.
Specifies that a charter school applicant does not have to provide personal identifying information concerning any teacher, parent, or prospective pupil prior to the time that the charter is approved and the charter school either employs the teacher or enrolls the pupil. Requires the charter school, upon request of the school district, to provide aggregate information concerning grade levels and schools in which prospective pupils are enrolled. Grants a charter school authority to sue and be sued for enforcement of the terms of any contract for services to which the charter school may be a party. Prohibits a school district from discriminating against a charter school in publicizing information concerning educational options available through the school district, provided the charter school pay for its share of such publicity.
Specifies that any moneys received by a charter school and remaining in the charter school's accounts at the end of a budget year shall remain in such accounts for use by the charter school in subsequent budget years and shall not revert to the school district or to the state.
Clarifies that, beginning in the 2000-01 budget year and for budget years thereafter, the proportionate share of state and federal resources generated by students who receive federally required educational services and who are enrolled in a charter school shall be directed to the charter school only if the charter school and the school district have negotiated to allow the charter school to provide such services.
APPROVED by Governor June 2, 1999
EFFECTIVE June 2, 1999
H.B. 99-1308 Teacher licensure - demonstration of professional competencies. Requires an applicant for a provisional teacher license who has 3 years or more of teaching experience in another state or country that has reciprocity to be licensed without having to demonstrate professional competencies if such person meets all the other qualifications for a provisional teacher license or a professional teacher license and is qualified to teach in that state or country.
APPROVED by Governor May 24, 1999
EFFECTIVE May 24, 1999
H.B. 99-1367 School finance - reorganized school districts - calculation of size factor. Specifies that, following the deconsolidation of a school district that enrolls fewer than 15,000 students during the 2000-01 budget year and that includes a small attendance center that provides a kindergarten through twelfth grade education program, where the deconsolidation is approved in the 2000 general election, the size factor used in determining the total program funding for the resulting school districts shall be recalculated, even though the recalculation would result in a size factor for the new school districts that is higher than that of the old school district.
APPROVED by Governor May 24, 1999
EFFECTIVE July 1, 1999
H.B. 99-1375 Excellent schools program - annual awards - gifts and donations. Creates an excellent schools program to be administered by the department of education ("department"). Requires the state board of education annually to present awards to the top scoring schools in the state based on an index developed by the department.
Requires the department to include in the index:
Requires the department to give great weight to the factors in the index that are based on statewide assessments. Requires the state board of education annually to review the percentage goals in the index, and permits the board to raise those percentage goals. Clarifies that any moneys awarded are in addition to funds received through the school finance act or the school district's taxing authority and are to be spent as the school's advisory accountability committee deems fit. Authorizes the department to receive public and private moneys for use in making financial awards.
APPROVED by Governor June 2, 1999
EFFECTIVE July 1, 1999
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