S.B. 04-62 Nonlicensed employee database - purge process - annual list to CBI. Requires a school district to submit the name, date of birth, and social security number of each nonlicensed person employed by the district from the human resource electronic data communications and reporting system to the department of education ("department"). Directs the department to create and maintain a database of the information. At the beginning of each semester, compels the school district to notify the department when a nonlicensed employee no longer works for the school district. Directs the department to purge the database at least annually.
Directs the department, beginning November 15, 2004, and by August 30 each year thereafter, to provide a list of the current employees of each school district to the Colorado bureau of investigation.
APPROVED by Governor April 8, 2004
EFFECTIVE April 8, 2004
S.B. 04-68 School district - bond redemption fund - financial institution - escrow instructions - state treasurer's consent. With regard to the requirement that each school district select a Colorado commercial bank or depository trust company that has full trust powers to administer the school district's bond redemption fund, makes an exception if a school district places the funds in an escrow account with a financial institution and the escrow instructions are acceptable to the state treasurer. Requires the escrow instructions, at a minimum, to prohibit the transfer of funds to the school district without the state treasurer's written consent.
APPROVED by Governor April 13, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 04-83 Alternative education campuses - high-risk students. Provides that a secondary school in which more than 95% of the students are high-risk may seek designation as an alternative education campus. Requires a school's application for designation to include an agreement to establish and report on accountability measures of student academic progress and progress in other nonacademic areas and to establish benchmarks for showing academic progress. Provides that, if a secondary school that is designated as an alternative education campus fails to meet its benchmarks, the state board of education may require the school district to submit a school improvement plan for the school. Specifies changes to the state accountability reports for a secondary school designated as an alternative education campus.
APPROVED by Governor April 20, 2004
EFFECTIVE April 20, 2004
S.B. 04-103 School nutrition - vending machines - school district policies. Encourages each school district board of education to adopt a policy by resolution, on or before July 1, 2004, that states that by the 2006-07 school year at least 50% of all items offered in each vending machine or adjoining set of vending machines in each school of the school district shall meet acceptable nutritional standards for foods and beverages.
APPROVED by Governor April 20, 2004
EFFECTIVE April 20, 2004
S.B. 04-144 School districts - pilot efficiency reviews - state auditor - report - repeal - appropriation. Requires the state auditor to conduct a review of up to 3 school districts, for the 2004-05 school district budget year, to identify administrative savings that can be gained through best practices in organization, service delivery, human resources, facilities, finance, transportation, technology management, and other non-instructional expenditures. Clarifies that the participation of the school districts is only on a voluntary basis. Allows the state auditor to consult with state departments and other entities with relevant expertise.
Directs the state auditor's office to submit its findings in a written report to each school district reviewed, to the members of the legislative audit committee of the general assembly, and to the education committees of the senate and the house of representatives. Specifies that the report may recommend whether the reviews should be expanded to other school districts and may recommend specific legislation.
Authorizes the state auditor to accept gifts, grants, and donations from private or public sources and to deposit the moneys in the school district pilot efficiency review fund ("fund"). Permits the state auditor to conduct as many audits as the moneys in the fund allows. Provides for the repeal of the section if the fund receives no moneys by January 1, 2005. Repeals the provisions of the act effective September 1, 2005.
Appropriates $100,000 from the fund for allocation to the state auditor to conduct the audits.
APPROVED by Governor June 4, 2004
EFFECTIVE June 4, 2004
S.B. 04-152 Payment of teacher - prohibition - criminal charges - reinstatement - back pay. Prohibits a school district from paying a teacher after a recommendation for dismissal if the teacher is charged with an offense for which the teacher's license, certificate, endorsement, or authorization is required to be denied, annulled, suspended, or revoked if convicted. Specifies that if the final disposition of the case does not result in a conviction for the offense and the teacher has not been dismissed, the board of education is required to reinstate the teacher, to provide the teacher with back pay and lost benefits, and to restore lost service credit.
APPROVED by Governor April 13, 2004
EFFECTIVE April 13, 2004
H.B. 04-1002 Use of flag - pledge of allegiance. Requires each school district to provide an opportunity each school day for willing students to recite the pledge of allegiance in public elementary and secondary schools. Exempts any person not wishing to participate in the recitation of the pledge of allegiance.
APPROVED by Governor March 17, 2004
EFFECTIVE March 17, 2004
H.B. 04-1010 Teacher development advisory council - repeal. Repeals the teacher development advisory council ("council"). Directs the state board of education and the department of education to assume the functions of the council in implementing the teacher development grant program.
APPROVED by Governor February 20, 2004
EFFECTIVE February 20, 2004
H.B. 04-1055 School district capital construction - state matching grants. Subject to the approval of the capital development committee of the general assembly, allows the state board of education (state board) to approve and order payments of moneys from the school construction and renovation fund to provide matching grants to school districts that are undertaking qualified capital construction projects and for the expenses incurred by the state board in administering the school district capital construction assistance program without the payments being subject to appropriation by the general assembly. Allows the state board to make a matching grant contingent upon the passage of a bonded indebtedness ballot question in the school district awarded the grant during the fiscal year for which the grant is to be awarded.
Changes the deadline by which the state board must submit a list of school districts and charter schools recommended to receive matching grants to the capital development committee from October 1 of the fiscal year for which financial assistance is being sought to August 16 of the fiscal year, gives the committee until September 15 of the fiscal year to determine the number of projects on the list to be funded, and specifies that the entire list shall be deemed approved if not acted upon by the committee by the September 15 deadline. Eliminates the existing requirement that the capital development committee submit the list of projects it has approved for matching grants to the joint budget committee so the general assembly can amend the general appropriation bill to make appropriations for matching grants. Repeals a statutory provision concerning appropriations for matching grants for the 2002-03 fiscal year.
APPROVED by Governor March 17, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1092 Teacher occupying an administrative position - reassignment - years of service. Permits a school district board of education to consider the years of service accumulated by a teacher while serving in an administrative position in determining where to place the teacher on the salary schedule upon the teacher's reassignment.
APPROVED by Governor March 8, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1104 Educator licensure - authorizations - survey of new teachers repealed - educator professional standards board repealed - rules - appropriation. Repeals and reenacts the statutory provision for issuance of teaching authorizations. Renames and amends the criteria for existing authorizations. Repeals the type IV authorization, extension. Creates the following new authorizations: The temporary educator eligibility authorization; the career and technical education authorization; the school speech-language pathology assistant authorization; the educational interpreter authorization; the junior reserve officer training corps instructor authorization; the literacy instruction authorization; and the principal authorization.
Repeals the requirement that an alternative teacher license applicant demonstrate basic competencies, and clarifies that the state board of education ("state board") shall determine whether the applicant has demonstrated the necessary subject matter knowledge. Repeals the provision that allows an alternative teacher license applicant or a provisional teacher license applicant to substitute 5 years of successful work experience for a baccalaureate degree.
Repeals the educator professional standards board. Repeals the annual survey of educators who are in their first and third years of employment as teachers.
Requires a person who is employed in a teacher in residence program to meet the content-area education requirements specified by rule of the state board and to pass an assessment of subject matter knowledge prior to being employed in a teacher in residence program. Authorizes school districts to design and implement individualized alternative principal programs for persons employed under the principal authorization.
Directs the department of education to provide annually to the department of higher education a list of the persons who receive educator licenses and the Colorado institutions at which they completed their preparation programs and a list of persons who have held educator licenses for 2 years.
Postpones the expiration of certain rules of the state board pertaining to educator licensure.
For the 2004-05 fiscal year, appropriates $16,283 from the educator licensure cash fund to the department of education, and appropriates $7,703 of such amount to the Colorado bureau of investigation, for implementation of the act.
APPROVED by Governor May 28, 2004
EFFECTIVE May 28, 2004
H.B. 04-1124 Accountability reports - adequate yearly progress of subgroups. Adds to the state school accountability report a chart reflecting whether subgroups of students are making adequate yearly progress toward grade-level performance in reading and mathematics. Removes information concerning who prepared and verified the report.
APPROVED by Governor March 8, 2004
EFFECTIVE March 8, 2004
H.B. 04-1137 Expulsion - student incriminating statements - parental involvement. Prohibits the use in an expulsion hearing of a student statement regarding an alleged act that would result in mandatory expulsion, unless the statement is signed by the student and a parent, guardian, or legal or physical custodian is present when the statement is signed or a reasonable attempt is made to contact the parent, guardian, or legal or physical custodian prior to having the student sign the statement. States that a reasonable attempt to contact the parent, guardian, or legal or physical custodian includes calling each phone number provided by the parent, guardian, legal or physical custodian, or student.
Makes an exception to the requirement when:
● The parent, guardian, or legal or physical custodian and the student execute a waiver of the requirement after an advisement of the right; or
● The student makes deliberate misrepresentations that affect the applicability of the requirement and the school official relies on those misrepresentations in good faith.
APPROVED by Governor April 5, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1141 Charter schools - waivers - application process - appeals - financing - reporting - withholding of moneys - accreditation. Requires a charter school to complete annually a governmental audit that complies with the requirements of the department of education (“department”). Directs the state board of education (“state board”) to identify, by rule, the state statutes and state rules that are automatically waived for all charter schools, and clarifies that a charter school may apply for waiver of additional state statutes and rules. Instructs the state board to review waivers of state statutes and rules periodically, rather than every 2 years. Requires each charter contract to include a statement specifying the manner in which the charter school will comply with the intent of the waived statutes and rules. Requires each charter contract to specify the mandatory financial information the charter school must report, deadlines for reporting such information, and the circumstances under which the chartering school district may withhold a portion of the charter school’s monthly payment for noncompliance with the financial reporting.
With regard to the charter application contents:
● Requires specification of measurable annual achievement goals that are based on the state accreditation indicators;
● Requires a description of how the charter school will collect and use student longitudinal assessment data;
● Repeals the requirement that the application include a plan for the displacement of pupils, teachers, and other employees;
● Repeals the requirement that the application include evidence that the terms and conditions of employment have been addressed with affected employees and their representatives.
Clarifies that, if a local board of education ("local board") does not review a charter application, the refusal to review is deemed a denial of the application and is appealable. If a local board chooses to unilaterally impose conditions on a charter applicant or a charter school, requires the local board to adopt a resolution imposing the conditions. Repeals the provisions allowing a person to appeal a local board's decision to approve a charter application.
Makes the following changes in the time line for a local board's review and approval of charter applications:
● Requires a local board to give the charter applicant reasonable opportunity to provide additional information for an incomplete application;
● Directs the local board to notify the state board within 15 days after denying or refusing to review a charter application;
● If the local board approves the charter application after remand from the state board, requires the local board and the charter applicant to complete the charter contract within 90 days after remand.
Repeals the provision that allows a local board to limit the number of charter schools in the school district, and prohibits a local board from adopting a moratorium on charter schools in the school district. Requires each local board to report annually to the department such information as the department requests to evaluate the effectiveness of charter schools. Repeals provisions limiting the number of charter schools. Prohibits a chartering authority from restricting the number of pupils a charter school may enroll, except as negotiated for specified purposes. Repeals the 5-year cap on the term of a charter. Repeals the provision that allows nonrenewal or revocation of a charter on the grounds that operation of the charter school is not in the interest of pupils residing within the school district. Adds a requirement that the annual report on charter schools prepared by the department include comparisons to comparable groups of pupils in other public schools.
Clarifies that the charter contract between a charter school and the authorizing school district shall provide funding to the charter school in the amount of 100% of the district per pupil revenues and 100% of the district per pupil on-line funding; except that the school district may withhold the actual amount of overhead administrative costs applicable to the charter school, up to 5% of the per-pupil funding. Repeals language stating that funding and service agreements shall be neither a financial incentive nor a financial disincentive to establishment of a charter school. Repeals the requirement that the department provide technical assistance to charter applicants.
Requires a charter school to comply with all of the state financial budgeting and reporting requirements that apply to school districts. Allows a charter school to seek a determination from the state board regarding whether the chartering district has improperly withheld funding from the charter school. Establishes procedures for making the determination. If the state board determines the chartering district improperly withheld funding from the charter school, and the district does not pay within 30 days after the determination, allows the department to withhold the amount due to the charter school from the funding due to the school district and pay it directly to the charter school.
Allows a charter school to seek a determination from the state board regarding whether a school district has improperly failed to pay the charter school the tuition charged for the excess costs incurred in educating a child with disabilities. Establishes procedures for making the determination. If the state board determines the school district failed to pay the excess costs, and the school district does not pay within 30 days after the determination, allows the department to withhold the amount of the excess costs from the funding due to the school district and pay it directly to the charter school.
Authorizes the state board to revoke or withhold accreditation of a school district if the district has not complied with a written directive or order of the state board to the district.
Specifies that the statutory provision allowing a local government to refuse to comply with an unfunded state mandate does not apply to an order from the state board pertaining to a charter school.
Amends the provisions concerning reimbursement for transportation costs to allow the state charter school institute to receive reimbursement in the same manner as a school district.
States that specified sections of the act are contingent on the passage of House Bill 04-1362.
APPROVED by Governor June 3, 2004
EFFECTIVE June 3, 2004
NOTE: House Bill 04-1362 was signed by the Governor June 3, 2004.
H.B. 04-1202 Colorado History Day - funding - appropriation. Directs the department of education to assist the school districts of the state in developing and promoting programs for elementary and secondary students that engage the students in the process of discovery and interpretation of historical topics. Authorizes the department of education to accept gifts, grants, and donations in furtherance of the objectives specified in the act.
Appropriates $10,000 to the department of education out of moneys in the state education fund for the implementation of the act.
APPROVED by Governor May 21, 2004
EFFECTIVE May 21, 2004
H.B. 04-1217 School accountability reports - questions parents should ask. For school accountability reports prepared after the effective date of the act, replaces the page on school history with a page containing questions and options for a parent based upon the academic performance of the school in which the parent's child is enrolled. Requires the department of education, in collaboration with statewide stakeholders, to develop the questions and options. Authorizes the addition of a school's web site address on the school's report.
APPROVED by Governor April 13, 2004
EFFECTIVE April 13, 2004
H.B. 04-1230 School directors - election from director districts. Authorizes procedures to put to a vote of the electors of a school district the question of whether local school board of education directors ("directors") should be elected from director districts rather than from the school district at-large. Sets forth specifications for director districts where some or all members of the local school board of education are voted on by the eligible electors of a director district. Requires school districts in which directors are elected from a director district to determine by the March 1 following the year in which the school district chooses to elect directors by director district, by March 1, 2012, and by March 1 every 10 years thereafter, whether the populations of the director districts are as equal as possible and, if necessary, to revise the boundaries of the director districts.
APPROVED by Governor April 21, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1283 Department of education - high school commission - creation - membership - study - report. Creates, within the department of education ("CDE"), the Colorado high school commission ("commission") to study issues pertaining to the quality of education provided in Colorado's public high schools. Sets the membership of the commission at 18 members and specifies the qualifications of the members. Authorizes CDE to seek gifts, grants, and donations to fund the study. Requires the commission to convene its first meeting no later than July 15, 2004.
Authorizes the commission to contract for staff assistance, and allows for compensation and reimbursement of expenses for members of the commission, if CDE receives sufficient moneys. Directs the commission to report to the education committees of the house of representatives and the senate the results of the study and any recommendations on or before December 31, 2004. Repeals the commission, effective January 1, 2005.
VETOED by the Governor June 4, 2004
H.B. 04-1360 Financial literacy curriculum - resource bank - appropriation. Requires the state board of education to create a resource bank of materials pertaining to financial literacy, and specifies the minimum content of the resource bank. Upon the request of a school district or a charter school, requires the department of education ("department") to provide technical assistance to the school district or charter school in designing a financial literacy curriculum. Directs the department to contract with one or more entities for implementation of the act. Authorizes the department to accept and expend public and private gifts, grants, and donations for implementation of the act, and creates the financial literacy cash fund ("cash fund").
Encourages each school district to adopt a financial literacy curriculum and to make successful completion of courses on financial literacy a graduation requirement.
For the 2004-05 fiscal year, appropriates $39,114 to the department for implementation of the act. Appropriates the money from the cash fund and from the state education fund, if less than $39,114 is credited to the cash fund.
APPROVED by Governor June 4, 2004
EFFECTIVE June 4, 2004
H.B. 04-1362 Charter schools - alternative authorization - state charter school institute - institute charter schools - application and process - financing - appropriation. Creates the state charter school institute ("institute") as an independent agency in the department of education ("department"). Permits the institute to authorize a form of charter school to be known as an "institute charter school" which exists independent of a school district. Creates a board ("institute board") to oversee the operations of the institute. Allows the institute board to promulgate rules regarding the authorization of institute charter schools. States that the institute and institute charter schools are to be deemed part of the thorough and uniform system of free public schools in the state. Clarifies that the institute is not to be deemed a school district. Encourages the institute to emphasize the authorization of institute charter schools that service at-risk students. Considers the institute to be a local education agency for purposes of federal law and an administrative unit for purposes of special education law.
Allows a school district to retain exclusive authority to authorize charter schools within the school district's boundaries if the school district meets criteria that demonstrate to the state board of education ("state board") a commitment to, and oversight of, charter schools. Specifies the minimum criteria a school district must demonstrate. Makes an exception to meeting the criteria if the total enrollment of the school district is less than 3000 students or if the percentage of free or reduced-cost lunch students enrolled in the district's charter schools is near to or exceeds the overall percentage of free or reduced-cost students enrolled in the district as a whole. If a school district has not retained exclusive jurisdiction, clarifies that the institute and the school district have concurrent jurisdiction within the school district. Permits a party to challenge a grant of exclusive authority within 30 days after the state board grant of exclusive authority. Permits a grant of exclusive authority to continue so long as the school meets the requirements and submits a resolution to the state board annually.
Specifies that the institute board consists of 9 members who are appointed by the governor, the president of the senate, and the speaker of the house of representatives. Describes the powers and duties of the institute board. Permits the hiring of staff for the institute and the contracting for services. Specifies that all positions classified as professional officers and professional staff of the institute are exempt from the state personnel system. Authorizes the institute to receive gifts, grants, and donations and creates the state charter school institute fund ("fund"). Specifies that the institute is not required to receive applications until there is at least $50,000 in the fund and is not required to review applications until there is at least $150,000 in the fund.
Permits an appeal to the state board of an institute board decision to deny, revoke, or not renew an institute charter. Permits the state board to reverse the institute board's decision if it finds the decision was contrary to the best interests of the pupils or community. Specifies that an institute charter school is a public school in the state, unaffiliated with a school district, and subject to accreditation by the state board. Provides that institute charter schools are generally subject to provisions similar to the "Charter Schools Act".
Adjusts the funding for institute charter schools and certain district charter schools based on the percentage of the pupil enrollment eligible for free lunch in an institute charter school or in a charter school authorized by a school district that has retained exclusive authority to authorize charter schools and has more than 40% of its pupil enrollment consisting of at-risk pupils. Specifies the requirements for paying for federally required educational services.
Requires an institute charter school annually to certify to the state board and the institute the number of pupils enrolled in the institute charter school. Directs the department to withhold a portion of the state share of equalization funding from the school district in which the institute charter school is located and to forward the withheld amount to the institute. Permits the department to retain up to 2% of the amount withheld for administrative costs. Permits the institute to retain up to 3% of the amount withheld for oversight and management costs.
Requires each institute charter school to budget for instructional supplies, capital reserve, and risk management.
Requires a school district and its charter schools to negotiate annually for the payment of direct costs of authorizing and overseeing the charter school. Prohibits the withholding of moneys to cover direct costs by the school district if the parties have not agreed to the terms of the payment.
Amends the "Public School Finance Act of 1994" to specify the process by which the moneys are withheld and transmitted to institute charter schools. Permits an institute charter school to receive state education fund moneys. Allows an institute charter school to benefit from some provisions of the "Colorado Educational and Cultural Facilities Authority Act".
Makes an appropriation of $150,000 to the institute from the state charter school institute fund, and an appropriation of $5,000 for the provision of legal services to the state board.
APPROVED by Governor June 3, 2004
EFFECTIVE July 1, 2004
H.B. 04-1363 Extracurricular activities - not offered in school district of residence or attendance. Specifies that, if an activity is not offered at a public school within a student's school district of residence or school district of attendance, the student may participate in the activity at a public school within a contiguous school district or at the nearest public school with the facilities for that activity. If the student participates in the activity in a contiguous school district, authorizes the school district to select the school of participation.
APPROVED by Governor March 1, 2004
EFFECTIVE March 1, 2004
H.B. 04-1375 School districts - curriculum - human sexuality - student excused - parental notice - outline - exemption. Prohibits a school district from offering a planned curriculum that includes discussion of or instruction concerning human sexuality unless the school district provides to the parent or guardian written notification of the ability to excuse the student from that portion of the curriculum and a detailed outline of the topics and materials in that portion of the curriculum. Encourages school districts to disseminate policies that minimize undue attention or embarrassment for excused students. Clarifies that local comprehensive health education programs are exempt from these restrictions.
APPROVED by Governor May 28, 2004
EFFECTIVE July 1, 2004
H.B. 04-1397 School finance - funding formula - charter school reporting requirements - capital construction - special education - appropriations. Amends the "Public School Finance Act of 1994" (finance act) and related public education statutory provisions in the following respects:
Total Program Funding Formula
● For purposes of determining preschool and pupil enrollment, specifies that a school district shall only count and receive funding for preschool, kindergarten, and first-grade pupils who reach a specified age as of, on, or before October 1 of the applicable school year.
● Reduces the at-risk factor in the total program funding formula (formula) from 11.5% to 11.2% for the 2004-05, 2005-06, and 2006-07 budget years.
● For the 2004-05 budget year, increases the statewide base per pupil funding to $4,666.29 to account for a 1.1% inflation rate plus one percentage point.
● Allows an adjustment to the cost of living factor in the formula based on the increase in teacher income rather than on inflation.
● Makes technical corrections to the formula.
State Board Oversight
● Allows the state board to put a school district on accreditation notice if the school district fails to comply with a written directive or order from the state board.
● Precludes a charter school and the state board from waiving the requirements of the finance act.
School District & Charter School Requirements
● Requires any contract between a charter school and a local board of education to specify the financial information the charter school must report to the school district, the deadline for such reporting in order to enable the school district to comply with its financial reporting requirements, and the circumstances under which the school district may withhold monthly payments because of the charter school's failure to comply with its reporting requirements.
● Requires a charter school to comply with all of the state financial budgeting and reporting requirements that apply to school districts.
● Authorizes a school district, under the circumstances described in the contract between the school district and the charter school, to withhold a portion of a charter school's monthly payment.
● Allows a charter school to seek a determination from the state board regarding whether the school district has improperly withheld funding from the charter school, and establishes procedures for making the determination. If the state board determines the school district improperly withheld funding from the charter school and the school district does not pay within 30 days after the determination, allows the department of education (department) to withhold the amount of the improperly withheld funds from the funding due to the school district and pay it directly to the charter school.
School District Capital Construction
● For the 2004-05 budget year, suspends the requirement that school districts receive the same level of funding that charter schools receive for capital construction.
● For the 2004-05 state fiscal year, requires the general assembly to appropriate $2.5 million from the state education fund to the school construction and renovation fund and $2.5 million from the state education fund to the school capital construction expenditures reserve to fund public school capital construction.
● Acknowledges that, for the 2003-04 budget year, an additional $3,690,377 was made available to school districts as supplemental assistance for capital expenditures to address immediate safety hazards or health concerns within school facilities.
Special Education
● When a child with a disability enrolls in and attends a school in a district other than the child's district of residence, and the school does not provide an on-line program to the child:
● Requires the district of residence to pay the tuition charge to the district of attendance for educating the child.
● Precludes a district of attendance from charging the district of residence tuition for the excess costs incurred in educating a child with a disability who receives educational services from the district of attendance for less than a percentage of time specified by state board rules.
● Requires the state board to adopt rules concerning, and the district of attendance to provide, notice to the district of residence when a child with a disability applies to enroll in a school in the district of attendance.
● When a child with a disability enrolls in and attends a charter school, including a charter school that provides an on-line program, or enrolls in and attends an on-line program that is not provided by a charter school:
● Requires the district of residence to pay to the charter school or the provider of the on-line program the tuition charge for the excess costs incurred in educating the child.
● Requires the tuition responsibility to be reflected in a contract between the charter school or the district of attendance and the district of residence in a form approved by the chartering district or the state board, respectively.
● Requires the charter school or on-line provider to provide notice to the district of residence in accordance with state board rules when a child with a disability applies to enroll in the charter school or the on-line program.
● Specifies the amount of the tuition charge is to be determined pursuant to state board rules.
● Requires the state board to adopt rules pertaining to the education of children with disabilities in charter schools and rules pertaining to the education of children with disabilities through on-line programs, and specifies what the rules are to include.
Administration of Finance Act
● Allows the department to transfer an amount specified by the General Assembly in the long bill for that budget year, from the amount appropriated for the state share of districts' total program funding, to offset the direct and indirect administrative costs incurred by the department in implementing the provisions of the finance act.
● Requires the state aid of each district to be reduced proportionately.
Appropriation
● Appropriates $2.5 million from the state education fund to the school construction and renovation fund to provide matching grants for eligible capital construction projects.
● Makes the following adjustments to the FY 2004-05 long bill:
● Reduces the appropriation to the department for assistance to public schools, public school finance, state share of districts' total program funding, by $18,056,244, with $16,091,207 as a reduction in the general fund appropriation and $1,965,037 as a reduction in the state education fund appropriation.
● Reduces the state education fund and school capital construction expenditures reserve appropriations by $5,000,000.
Effective Date
● Provides that specified sections governing charter schools do not take effect if House Bill 04-1141 becomes law.
APPROVED by Governor May 28, 2004
EFFECTIVE May 28, 2004
NOTE: House Bill 04-1141 was signed by the governor June 3, 2004.
H.B. 04-1433 Assessments - longitudinal student academic growth - model and calculation - diagnostic academic growth information - school accountability reports - governor's distinguished improvement awards. Requires the department of education ("department") to choose a public or private entity to develop a model to calculate students' annual academic growth for diagnostic purposes. Directs the department to calculate annually the amount of each student's and each school's academic growth in reading, writing, and mathematics over the periods between the administration of the Colorado student assessment program ("CSAP") assessments, which calculation shall apply to the model and be based on student CSAP scores.
Directs the department to convene a technical advisory panel ("panel") of experts on the measurement of longitudinal growth for accountability purposes. Directs the panel to review the model and to report to the department, the state board of education ("state board"), the education committees of the senate and the house of representatives, and the governor. Requires the state board to adopt a statistical model to calculate diagnostically annual academic growth. Specifies the required characteristics of the model.
Requires the department to calculate what constitutes sufficient academic growth for each student for each school year. Specifies requirements for the calculation. Directs the department to use available data to review and revise the calculation as necessary. Beginning with the 2004-05 school year, directs the department to provide diagnostic academic growth information for each:
● Student enrolled in a school district;
● Public school in a school district;
● Student enrolled in a charter school; and
● Student receiving a voucher, if the injunction on the Colorado Opportunity Contract Pilot Program is vacated.
Authorizes rule-making by the state board for procedures and time frames. Repeals the existing academic growth pilot program and school improvement measurement. Adds the academic growth of students rating to the school accountability reports. Beginning with the 2003-04 school year, requires the department annually to assign a rating for the academic growth of students, based on the proportion of students who make CSAP scale score gains. Sets as the ratings: "Significant decline", "decline", "stable", "improvement", and "significant improvement".
Requires the state board annually to present governor's distinguished improvement awards to the public schools in the state demonstrating the most academic growth of students based on the statistical model used to calculate academic growth of students. Directs the state board to present the financial award to at least one school in each of the 5 categories of schools: "Unsatisfactory", "low", "average", "high", and "excellent".
APPROVED by Governor June 3, 2004
EFFECTIVE June 3, 2004
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The information on this page is presented as an informational service only and should not be relied upon as an official record of action or legal position of the State of Colorado, the Colorado General Assembly, or the Office of Legislative Legal Services.