Education Public Schools - Digest of Bills

Digest of Bills - 2006

EDUCATION PUBLIC SCHOOLS

S.B. 06-24 Unique student identification number - pre-kindergarten through post-secondary education systems - data sharing. Beginning in July 1, 2007, for students who attended high school in Colorado, requires a postsecondary institution that is eligible for the college opportunity fund program to begin using as the student's primary identifier the unique identification number assigned to the student while enrolled in the elementary to secondary education system in Colorado, including public pre-kindergarten programs. Directs Adams state college, Mesa state college, Western state college, and Metropolitan state college to begin using the unique student identification number on or before July 1, 2007, and all other postsecondary institutions to begin using the unique identification number on or before July 1, 2009.

Directs the Colorado commission on higher education and the state board of education to enter into a memorandum of understanding to share student data, in conformance with the federal "Family Educational Rights and Privacy Act of 1974", with each other and with qualified researchers upon request.

APPROVED by Governor May 1, 2006
EFFECTIVE July 1, 2006

S.B. 06-42 Charter schools - calculation of funding - clarifications. Clarifies the definitions pertaining to funding institute charter schools. Delays until the 2007-08 budget year implementation of the adjustment for at-risk per pupil funding for an institute charter school for which funding was calculated without the adjustment in the 2004-05 or 2005-06 fiscal year. Relocates provisions concerning funding, central administrative overhead costs, and purchase of services that pertain to certain district charter schools. Clarifies the formula for calculating district at-risk per pupil funding for certain district charter schools. For purposes of determining a charter school's share of the costs of providing federally required education services to students, directs a school district to calculate the per-pupil cost of providing the services after subtracting the amount received in federal and state moneys for providing the services.

APPROVED by Governor April 24, 2006
EFFECTIVE April 24, 2006

S.B. 06-46 Pre-kindergarten - K-12 - higher education - legislative committee and special P-16 council - appropriation. Finds and declares the importance and necessity of a legislative oversight committee ("committee") to work with a special council ("P-16 council") to study education issues associated with pre-kindergarten through higher education. Creates a committee to oversee the work of the P-16 council. Specifies membership and identifies duties of the committee.

Creates the P-16 council to study the creation and implementation of an integrated system of education from pre-kindergarten through higher education. Specifies membership and identifies duties of the P-16 council, including issues to be studied.

Creates the P-16 cash fund.

For the 2006-07 fiscal year, appropriates from the general fund $20,156 and 0.4 FTE to the legislative department for the implementation of the act.

VETOED by Governor May 26, 2006

S.B. 06-55 Safe school reporting - school accountability reports. Adds third degree assaults, vehicular assaults, and disorderly conduct involving fighting to the types of assaults and fights that school districts must include in their reports of criminal assaults to the department of education. Creates a new category, eliminates a category, and renames 2 categories of incidents that schools must report in the safety and discipline section of school accountability reports.

APPROVED by Governor April 6, 2006
EFFECTIVE April 6, 2006

S.B. 06-65 Advisory committee for public school capital construction - proposal of rules for state board of education - uniform statewide minimum facility standards - grant applications - grant recipients - approved list - staff assistance to state board - statewide needs assessment - school construction and renovation fund - uses - appropriation.Establishes the advisory committee for public school capital construction ("advisory committee") within the Colorado department of education ("department"). Specifies how the advisory committee is to be constituted and the qualifications of its members. Specifies that the advisory committee shall include staff for certain types of assistance.

Requires the advisory committee to propose rules to the state board of education ("state board") concerning uniform statewide minimum facility standards required to qualify for state funding assistance for school districts in providing adequate facilities. Requires the advisory committee to consider certain factors in developing the standards. Requires the state board to consider the proposed rules and establish the uniform statewide minimum facility standards required to qualify for state funding assistance for school districts and charter schools in providing adequate school buildings and facilities.

Requires the advisory committee to review certain grant applications and annually submit a list of recommended grant recipients and amounts to the state board. Requires the state board to consider the recommendations. Requires the state board to approve a list of school districts and charter schools to receive grants for capital construction projects. Provides the advisory committee with staff to assist the advisory committee in certain areas.

Requires the state board, subject to appropriation by the general assembly, to conduct a statewide needs assessment of school buildings by July 1, 2007, and at least once every 5 years thereafter. Specifies that the assessment shall provide timely and uniform state data on school facilities. Requires the state board to consider and use the uniform statewide minimum facility standards while conducting the statewide needs assessment.

Clarifies that, subject to appropriations by the general assembly, moneys in the school construction and renovation fund shall be used to provide staff to the advisory committee to assist in the performance of certain duties and to enable the state board to conduct the statewide needs assessment.

Appropriates $110,934 from the school construction and renovation fund to the department of education.

VETOED by Governor May 26, 2006

S.B. 06-69 School accountability report - format changes. Makes the following changes to the school accountability reports:

● Clarifies that schools used for comparison are within a 75-mile radius;

● In the safe schools section, replaces 6 statements regarding the school with 4 new statements and authorizes the state board of education ("state board") to include additional statements and eliminates the line concerning habitually disruptive students;

● In the student attendance section, refers to the school calendar rather than time spent in the classroom and, for middle, junior, and high schools, replaces the dropout rates statistic with an average daily attendance graph;

● Clarifies that the student-per-teacher ratio applies to the core subject areas of reading, writing, math, and science;

● Moves information on the school and department of education to the district taxpayer's report page;

● Adds the scores on science assessments to the charts provided in the student performance section; and

● On the taxpayers' report page, clarifies that the taxpayers' report is district-wide and adds information on the accreditation status of the school district.

VETOED by Governor May 26, 2006

S.B. 06-73 Compulsory school attendance. Raises the age of emancipation from compulsory school attendance from 16 to 17 years.

Clarifies that a school district may receive funding for a student enrolled in an on-line program if the student is enrolled in kindergarten or first grade.

APPROVED by Governor May 26, 2006
EFFECTIVE July 1, 2007

S.B. 06-118 Children with disabilities - federal "Individuals with Disabilities Education Improvement Act of 2004" - Colorado "Exceptional Children's Educational Act". Amends Colorado's "Exceptional Children's Educational Act" to conform with the federal "Individuals with Disabilities Education Improvement Act of 2004" and to repeal obsolete provisions. Conforming changes include:

● Revises the list of recommendations by the state department of education ("department") to the state board of education ("state board") concerning necessary rules for the implementation of the "Exceptional Children's Educational Act".

● Defines "specific learning disability" to conform with federal law.

● Repeals the section concerning maintenance of a depository and retrieval network for visually impaired and hearing-impaired children.

● Requires an administrative unit that receives funding to educate gifted children to submit to the department an annual plan for educating gifted children.

● Requires the determination of eligibility for special education services to be made by a multidisciplinary team, the composition of which shall be prescribed by rules promulgated by the state board.

● Requires the development of a child's individualized education program ("IEP") to be made by the child's IEP team, the composition of which shall be prescribed by rules promulgated by the state board.

● Replaces the provision requiring appointment of an administrative law judge in the case of an appeal with procedures to be established by rule by the state board.

● Requires a child's IEP to specify whether the child shall achieve state or local content standards or individualized standards.

● Assigns responsibility for determining out-of-district placement by an administrative unit to the child's IEP team and the special education director for the administrative unit of residence.

● Details procedures for out-of-district placements by public agencies authorized to place children.

● Requires an administrative unit of residence that disapproves a public placement in an eligible facility to ensure that the child will receive a free appropriate public education until an appropriate placement can be determined.

● Repeals the provision prohibiting an administrative unit from appointing an educational surrogate parent for a child with disabilities.

● Repeals the provisions requiring the state board to promulgate rules specifying the minimum number of hours of educational instruction to be provided to a child with disabilities and the methods of delivery of educational services to a child with disabilities.

● Requires each eligible facility to conform, to the maximum extent possible, the length of its programs to the regular school year schedule of the school district in which the eligible facility is located.

● Stipulates that extended school year services shall be provided only if a child's IEP team determines that the services are necessary to provide a child with a free appropriate public education.

APPROVED by Governor April 4, 2006
EFFECTIVE August 7, 2006

NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 06-119 Charter schools - capital facilities financing - state's moral obligation. For the purpose of charter schools that rely on the state charter school debt service reserve fund to have bonds issued by the Colorado educational and cultural facilities authority on their behalf, increases the aggregate outstanding principal amount of bonds that may be secured by the state's moral obligation and the state charter school debt service reserve fund to $400,000,000.

APPROVED by Governor April 24, 2006
EFFECTIVE April 24, 2006

S.B. 06-127 Fresh fruits and vegetables pilot program - repeal. Creates a pilot program to make free fruits and vegetables available to students in public schools ("program"). Requires that, to the maximum extent practicable, not less than 75% of the students participating in the program are from school districts in which at least 50% of the students are eligible for free or reduced-cost lunch under the "National School Lunch Act". Sets requirements with regard to the application process for schools that wish to participate in the program. Requires that Colorado produce be used in the program to the maximum extent practicable. Requires the superintendent of a school district that participates in the program to report to the department of education regarding activities carried out under the program. Requires that if the general assembly appropriates $500,000 or more to assist school districts in providing school breakfast programs, the department of education shall use $150,000 of these funds to implement the program.

Repeals program effective January 1, 2009.

APPROVED by Governor May 25, 2006
EFFECTIVE May 25, 2006

S.B. 06-130 Boards of cooperative services - appropriation. Restores statutory language directing the general assembly to make a separate annual appropriation to the state board of education to cover the estimated cost of the basic grants to eligible boards of cooperative services.

Appropriates from the general fund $210,000 to the department of education for implementation of the act.

APPROVED by Governor May 25, 2006
EFFECTIVE May 25, 2006

S.B. 06-137 Obsolete education statutes - repeal or amendment. Repeals or amends outdated provisions of the Colorado revised statutes regarding the elementary and secondary education system.

APPROVED by Governor April 24, 2006
EFFECTIVE August 7, 2006
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 06-176 Educators - licenses - termination of contracts - fingerprints - appropriation.Clarifies grounds on which the department of education ("department") may deny, annul, suspend, or revoke an educator's license. Clarifies language relating to an educator who terminates his or her employment contract, and authorizes the department to suspend an educator's license if he or she does not give the required notice prior to terminating his or her employment contract.

Directs applicants for educator licenses and nonpublic schools to whom applicants have submitted fingerprints to submit fingerprints directly to the Colorado bureau of investigation. Repeals the authority of the department to issue a license or authorization prior to receiving the results of a fingerprint-based criminal history records check.

Reduces the cash funds appropriation to the department for fingerprint checks by $775,000. Changes $337,816 from a cash funds exempt appropriation to a cash funds appropriation to the Colorado bureau of investigation for the educator fingerprint checks.

APPROVED by Governor May 11, 2006
EFFECTIVE July 1, 2006

H.B. 06-1001 Principals - survey of superintendents - professional development - performance evaluations - principal development scholarship program - financial aid - appropriations. Requires the state board of education ("state board") to direct the department of education ("department") annually to survey school district superintendents who employ new principals. Directs the department to base the survey on the principal licensure standards and design the survey to measure the quality and effectiveness of the principal preparation programs and solicit information concerning the principal licensure standards. Directs the state board annually to submit a summary report of the survey results to the education committees, the governor, the Colorado commission on higher education, and the appropriate institutions of higher education. Directs the education committees to consider the report at their biennial joint meeting to consider teacher preparation programs.

Requires a person who holds a professional principal license to select professional development activities for renewal of the license that relate to improving the person's skills as a principal and to complete any professional development activities specifically identified by the person's employing school district. Directs each school district to identify areas of improvement for principals and assist principals in attending appropriate professional development programs. Recognizes identification of areas of improvement for principals and assistance in improving in those areas as management functions that a school district must complete for accreditation.

Requires school districts to provide an annual written evaluation of a principal who is in the first 3 years of employment and at least one written evaluation every 3 years for a principal who is in the fourth or subsequent year of employment. Specifies that a principal's evaluation shall include input from teachers, and may include input from students and parents, in the manner provided by the school district. Clarifies that a principal whose performance is deemed unsatisfactory shall receive a notice of deficiencies and a remediation plan.

Creates the principal development scholarship program to provide stipends for professional development activities for principals on a need basis. Directs the state board to adopt rules concerning the procedures for applying for a stipend and the criteria for awarding the stipend. Specifies minimum criteria, including the applicant's degree of financial and professional need and the quality of the professional development activity. Creates the principal development scholarship fund ("fund"), and identifies gifts, grants, and donations as the source of moneys for the fund.

Directs the Colorado commission on higher education to adopt policies to allow a person who is participating in a principal preparation program to qualify for financial assistance.

Appropriates $250,000 to the department from the principal development scholarship fund for implementation of the principal development scholarship program. Appropriates $11,460 to the department from the educator licensure cash fund to implement the survey requirements.

APPROVED by Governor May 26, 2006
EFFECTIVE May 26, 2006

H.B. 06-1004 Reading assistance grant program - eligibility criteria - application guidelines - grant awards - cash fund - appropriation. Creates the reading assistance grant program ("grant program") to provide grants to nonprofit organizations ("organization") that provide and distribute to school districts and eligible facilities accessible educational materials for students who have difficulty achieving the state model content standards, but are not identified as having a disability. Outlines the criteria an organization shall meet to be eligible to apply for a grant. Sets forth the terms of grant awards. Directs the state board of education ("state board") to promulgate rules to implement the grant program.

Defines the information an applicant must provide when seeking a grant under the grant program. Defines the criteria the department of education ("department") and state board shall use in making recommendations and awarding a grant to an applicant.

Creates the reading assistance grant program fund to provide for the payment of grants awarded.

Requires each nonprofit organization that receives a grant under the grant program to submit annually to the department a summary report on the use of the grant moneys received. Directs the department to provide to the governor and education committees of the senate and house of representatives a summary report of all grants made annually .

For the 2006-07 fiscal year, appropriates $300,000 out of the read-to-achieve cash fund to the reading assistance grant program fund for implementation of the act.

APPROVED by Governor May 26, 2006
EFFECTIVE May 26, 2006

H.B. 06-1005 Full-day kindergarten excess costs - local mill levy authorization. Authorizes a school district, upon voter approval, to impose an additional mill levy for purposes of funding the school district's excess full-day kindergarten costs. Allows the question submitted to the voters to also include a question of whether to impose an additional mill levy of a stated amount and limited duration to fund the capital construction needs associated with the district's full-day kindergarten program. Requires a school district that imposes the additional full-day kindergarten mill levy to use evidence-based research in establishing its full-day kindergarten program. Precludes a school district that imposes the additional full-day kindergarten mill levy from participating in the full-day kindergarten component of the Colorado preschool program. Allows a school district that funds a portion of its full-day kindergarten program with the additional mill levy to charge tuition to out-of-district pupils enrolled in the locally funded portion of the full-day kindergarten program.

VETOED by Governor March 30, 2006

H.B. 06-1008 On-line education - supplemental courses - reimbursement - appropriation.Allows each school district that enrolls fewer than 3,000 students ("eligible school district"), each charter school that is not an on-line program, and each institute charter school that is not an on-line program and enrolls fewer than 3,000 students ("eligible charter school") to receive reimbursement for supplemental on-line education courses ("course") purchased for students enrolled in grades 6 through 12.

Specifies that, for an eligible school district or eligible charter school to receive reimbursement for a course, the course must be provided by an entity that uses Colorado-licensed teachers. Establishes the procedure for an eligible school district or eligible charter school to be reimbursed by the department of education ("department"). Limits the amount of reimbursement for each course to the per-student cost of the course multiplied by the number of students who successfully complete the course. Caps each eligible school district's and eligible charter school's total reimbursement for a budget year at $10 multiplied by the number of students enrolled in grades 6 through 12 in the eligible school district or eligible charter school.

Instructs the department to provide annually to the joint budget committee estimates of the number of students expected to be enrolled in grades 6 through 12 in the eligible school districts and eligible charter schools. To offset administrative costs, allows the department to retain up to 3% of the amount annually appropriated for reimbursements.

For the 2006-07 fiscal year, appropriates $531,580 from the state public school fund to the department for implementation of the act. Specifies that the appropriated moneys come from federal mineral leasing revenues, and makes corresponding adjustments to letter notations in the long bill.

APPROVED by Governor May 17, 2006
EFFECTIVE May 17, 2006

H.B. 06-1021 Physical education teachers - requirements - exceptions. For school years commencing on and after July 1, 2010, prohibits a school district from employing as a physical education teacher a person who does not hold a physical education endorsement on his or her teacher license or who does not hold a license and either has completed 24 semester hours of credit in physical education or has passed an approved examination in physical education.

Exempts from the prohibition a person who holds an alternative teacher license, or a teacher in residence or emergency authorization. Excludes from the one-year limitation on emergency authorizations a person who is employed to teach physical education at a school district with an enrollment of 3,000 students or fewer.

VETOED by Governor May 4, 2006

H.B. 06-1023 Educator licensing - teacher in residence program - authorizations - alternative teacher license - professional principal license. Allows a person who completes a teacher in residence program to immediately qualify to receive a professional teacher license. Clarifies that a person need not complete an induction program while working under an initial teacher license if the person completes the induction program while working under a teacher in residence authorization. Recognizes that a person who completes a teacher induction program while working under a temporary educator eligibility authorization or a teacher in residence authorization but not an adjunct instructor authorization may apply completion of the induction program to the requirements for obtaining a professional teacher license.

Allows the department of education to extend an alternative teacher license for up to one year if the licensee provides proof that he or she is unable to complete the alternative teacher preparation program in one year for reasons other than incompetence.

Requires a person who completes an alternative principal program to also hold a masters degree to obtain a professional principal license. Recognizes that a person who completes a principal induction program while working under an interim authorization may apply completion of the induction program to the requirements for obtaining a professional principal license. Recognizes that a person who completes an administrator induction program while working under an interim authorization may apply completion of the induction program to the requirements for obtaining a professional administrator license.

VETOED by Governor March 30, 2006

H.B. 06-1056 School nutrition - vending machine requirements. Requires each school district board of education to adopt a policy providing that, by the 2008-09 school year, at least 50% of all items offered in vending machines located in public schools of the school district meet acceptable nutritional standards.

VETOED by Governor April 11, 2006

H.B. 06-1098 Teachers - professional development credit - suicide prevention programs.Allows public school teachers to receive professional development credit by attending an in-service program on juvenile mental health issues, including awareness and prevention of youth suicide.

APPROVED by Governor March 31, 2006
EFFECTIVE August 7, 2006
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 06-1109 Accountability - academic performance awards - technical assistance - availability of information - appropriation. To identify the schools that receive the governor's distinguished improvement awards, instructs the technical advisory panel on the measurement of longitudinal academic growth ("panel") to determine the method by which to identify schools that demonstrate the highest rate of student academic growth in a school year toward state standards for proficiency. Directs the panel to take school size into account in its recommendations. Authorizes the state board of education to provide tangible items of recognition, in addition to monetary awards, to schools that receive academic performance awards.

Prohibits the department of education ("department") from calculating an academic performance or academic growth of students rating for a school that enrolls fewer than a specified number of students, as identified by policy adopted by the department. Directs the department to provide technical assistance and training to school districts and charter schools to assist them in interpreting and using diagnostic academic growth information. Directs the department, upon request of a qualified researcher, to make available the entire longitudinally linked dataset used by the department and the panel for generating diagnostic growth information.

Repeals language that requires all accreditation indicators relating to statewide assessments to be consistent with the methodology used in determining school academic ratings.

Increases by 1.0 FTE the appropriation to the department for longitudinal analyses of student assessment results.

APPROVED by Governor April 13, 2006
EFFECTIVE April 13, 2006

H.B. 06-1121 School district policy - community service - recognition. Requires each school district to consider and, if appropriate, adopt a policy to encourage students to engage in community service or service-learning and to recognize students' contributions to their communities. Specifies that a student may earn recognition for community service or service-learning in the manner provided by the policy.

APPROVED by Governor May 25, 2006
EFFECTIVE August 7, 2006
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 06-1240 School improvement plans - continued operation - voluntary restructuring.Allows a school that receives an overall academic performance rating of "unsatisfactory" ("unsatisfactory school") to operate under a school improvement plan ("SIP") for 2 full school years. If the school is still unsatisfactory at that time, instructs the state board of education ("state board") to review the operations of the unsatisfactory school and determine whether the unsatisfactory school should continue operating under the SIP, whether the SIP should be amended, or whether the unsatisfactory school should be converted to an independent charter school. Directs the state board to take into account specific considerations in making its determination. Requires the state board annually to review the operations of the unsatisfactory school so long as the school continues to receive an overall academic performance rating of unsatisfactory. Specifies how to determine the number of school years during which a school operates under a SIP.

Allows a school district or the state charter school institute ("institute") to voluntarily restructure an unsatisfactory school and to apply to the state board for a determination of whether the restructuring plan constitutes a major restructuring of the governance of the public school. If the state board finds that the plan is a major restructuring of the public school, allows the school to continue operating under the restructuring plan unless the school receives an overall academic performance rating of "unsatisfactory" for 2 years in any 3-year period. If the public school receives such ratings, requires the state board to review the operations of the school as it would the operations of an unsatisfactory school operating under a SIP. Specifies the minimum requirements for a restructuring plan to constitute a major restructuring. Requires the school district or the institute to allow the public to review and comment on the restructuring plan.

Directs the department of education ("department") to track the students enrolled in a public school during the school year preceding conversion to an independent charter school or voluntary restructuring to determine whether the students transfer to another public school following the conversion or restructuring. Requires the department to provide the information, without personally identifying the students, to the school district or the institute upon request.

APPROVED by Governor April 6, 2006
EFFECTIVE April 6, 2006

H.B. 06-1283 Public school expenditures accountability - appropriation - referendum. Requires each school district to report its annual budget to the department of education in a standard format. Beginning in the 2007-08 budget year, requires each school district annually to spend at least 65% of its operational expenditures on services that directly affect student achievement. Allows a school district to apply for a waiver or hold a public election for the purpose of excusing the school district from compliance with the 65% requirement.

For the fiscal year beginning July 1, 2006, appropriates $25,245 and 0.3 FTE from the general fund to the department of education.

Refers the act to a vote of the registered electors of the state at the next biennial regular general election.

REFERRED MEASURE November 2006
NOTE: This act will be submitted to a vote of the people at the November 2006 general election.

H.B. 06-1288 School districts - directors - election. Repeals language providing for the 6-month extension of director terms when the time for electing school directors changed from May to November. Requires a newly elected school director to take office within 15 days following receipt of the official abstract of the votes. Requires a candidate for school director to have been a registered elector of the school district for at least 12 months prior to the election.

Requires the designated election official for an election of school directors to publish a call for nominations at least 75 but not more than 90 days prior to the election. Specifies the contents of the call. Prohibits a candidate for the office of school director from circulating a nomination petition more than 90 days prior to the election.

Requires a newly elected or appointed school director to take the oath of office within 10 days after receiving the certificate of election or appointment. Directs the secretary of a school district to call an organizational meeting of the school district board of education within 15 days after the school district receives the official abstract of votes.

APPROVED by Governor May 25, 2006
EFFECTIVE May 25, 2006

H.B. 06-1374 Public school capital construction - funding for the 2005-06 fiscal year.Makes appropriations for the 2005-06 fiscal year of $16.75 million from the general fund to the school construction and renovation fund (fund) and $3.25 million from the general fund to the school capital construction expenditures reserve (reserve) to fund public school capital construction.

Specifies that of the $16.75 million appropriated to the fund for the 2005-06 fiscal year, $6.75 million shall be included in the calculation of the maximum level of state general fund appropriations for the 2005-06 fiscal year and $10 million shall be a general fund appropriation that exceeds the limitation on state general fund appropriations for the 2005-06 fiscal year but will be included in the calculation of the maximum level of state general fund appropriations in the following fiscal year. Specifies that the $3.25 million that is appropriated to the reserve for the 2005-06 fiscal year shall be included in the calculation of the maximum level of state general fund appropriations for the 2005-06 fiscal year.

Specifies that the existing statutory deadlines applicable to a school district's or charter school's application for a matching grant from the fund shall not apply to grants awarded from moneys appropriated to the fund for the 2005-06 fiscal year.

Eliminates the requirement that the state treasurer transfer any moneys in the reserve that remain unexpended or unencumbered on March 15 of each fiscal year to the fund.

States that in fiscal years 2005-06 through 2010-11, the general assembly is not required to appropriate general fund moneys to the fund and to the reserve if general fund revenues for the applicable fiscal year do not exceed general fund obligations and the moneys required to be allocated to the highway users tax fund for the applicable fiscal year by more than $80 million. Specifies that in such fiscal years, the general assembly may appropriate general fund moneys to the fund and to the reserve in its sole discretion.

VETOED by Governor March 31, 2006

H.B. 06-1375 School finance - instructional supplies - administration - declining enrollment districts - charter school capital construction - tax increment financing task force - juvenile detention facility costs - out of state tuition - reimbursement of excess costs for children with disabilities - distribution of appropriation for special education programs - Colorado special education fiscal advisory committee - private school definition - unreimbursed excess transportation costs - summer school grant program - expenditures from capital reserve fund - recovered overpayments of transportation reimbursements - national credential fee assistance - facility summer school grant program - creation of Colorado preschool and kindergarten program - elimination of full-day kindergarten program for unsatisfactory schools - right to display the United States flag - school capital construction - appropriations. Amends the "Public School Finance Act of 1994" (act) in the following respects:

● For the 2006-07 budget year, increases the statewide base per pupil funding to $4,863.87, which reflects an increase over the preceding budget year of 2.1% for inflation plus one percentage point.

● For the 2006-07 budget year and future budget years, if a school district's expenditures for instructional supplies and materials exceeds the amount required to be budgeted for the budget year, allows the district to subtract the amount of the excess expenditures from the amount required to be budgeted for instructional supplies and materials for the subsequent budget year.

● Eliminates the authority of the department of education (department) to offset its direct and indirect costs for administering the act by transferring a portion of the appropriation in the annual general appropriation bill for the state's share of the total program funding of all school districts.

● Provides one year of additional state aid to declining enrollment districts in which a new charter school is opened to help the district with the impact of students enrolling in the new charter school. Distributes the aid in the proportion that the district's new charter school enrollment bears to the total new charter school enrollment in all declining enrollment districts statewide in which new charter schools are opened in the budget year for which the additional aid is appropriated.

● For the 2006-07 budget year, requires the general assembly to appropriate $7.8 million from the state education fund for charter school capital construction.

● Establishes a task force to study the impact of tax increment financing provisions in urban renewal plans on public school finance. Directs the task force to seek input from specified interest groups.

Requires a school district that provides teachers, books, and equipment to a juvenile detention facility to subtract the per pupil amount that the school district receives for juveniles in the facility from the expenses that are required to be reimbursed by the school districts whose students are served by the facility. For the 2006-07 budget year and each budget year thereafter, requires each charter school of a school district and each institute charter school located in the school district to pay a proportionate share of the costs incurred by the school district in reimbursing a school district that provides services to a juvenile detention facility.

Requires the department to negotiate reciprocal agreements with adjacent states to allow students to attend public schools in adjacent states without paying tuition. Requires the department to report to the house and senate education committees by January 31, 2007, regarding reciprocal agreements entered into with adjacent states.

Allows a district of attendance, district or institute charter school, or the provider of an on-line program to charge a child's district of residence excess special education costs only for a child with disabilities who satisfies certain criteria for special education funding. Requires the state board of education (state board) to develop proposed criteria for determining when special education excess costs may be charged to the district of residence of a child with a disability. Requires the state board to report its findings and proposed criteria to the education committees of the house and senate on or before December 15, 2006.

For the 2005-06 budget year and each budget year thereafter, modifies the distribution of the total amount appropriated to the department for the payment of costs incurred by administrative units for the provision of special education programs as follows:

● Distributes $500,000 for the payment of costs incurred by administrative units for the provision of special education programs to orphans who are placed in eligible facilities;

● Distributes $1,250 for each child receiving special education services from an administrative unit; and

● If any amount of the total annual appropriation remains after the distributions for orphans and the per pupil distribution has been made, and after the distribution of the portion of the total annual appropriation designated for high cost grants has been made, distributes $6,000 per child with one or more specified disabilities to administrative units serving such children. Directs the department to determine the percentage of such children for which an administrative unit is eligible to receive additional funding based on the amount of the remaining appropriation and the per pupil amount of $6,000.

● For the 2006-07 budget year and each budget year thereafter, subject to available appropriations, directs the general assembly to appropriate $2 million to the department to fund grants to administrative units as reimbursement for high costs incurred in providing special education services to children with disabilities in the preceding budget year.

Creates the Colorado special education fiscal advisory committee (committee). Specifies the composition of the committee. Directs the committee to make grants to administrative units as reimbursement for costs in excess of $40,000 (high costs) incurred in providing special education services to children with disabilities in the preceding budget year. Requires the committee to prioritize administrative units that expended the greatest percentage of their annual budgets to pay for high costs. Requires state board approval of grants awarded by the committee.

Directs the department to collect and provide to the committee specified data regarding the number of children with disabilities that receive special education services from each administrative unit. Requires the committee to report the data to the state board and the house and senate education committees by January 1, 2008. Requires the committee to report additional information regarding the high cost grants to the house and senate education committees on January 15, 2008, and on January 15 of each year thereafter. Terminates the committee on July 1, 2016, pursuant to the provisions of the sunset law.

For purposes of the statutory provision regarding charter schools, defines "private school" as a primary or secondary educational institution for students in kindergarten through the 12th grade or any portion thereof that may or may not have attained nonprofit status, that does not receive state funding through the act, and that is supported in whole or in part by tuition payments or private donations.

Modifies the method for calculating unreimbursed excess transportation costs for purposes of allowing school district boards of education to seek voter approval to impose a mill levy for the payment of such costs.

Creates a summer school grant program with a focus on reading, writing, or math for students entering the 4th through 8th grades who received an unsatisfactory score on the reading, writing, or math portion of the Colorado student assessment program (CSAP) in the preceding academic year. Specifies the requirements for a school district or institute charter school that receives a grant for a summer school program. Requires the general assembly, subject to available appropriations, to appropriate annually state education fund moneys to the department to award grants for summer school programs.

Allows moneys from a school district's capital reserve fund to be used to purchase computer equipment if the estimated unit cost exceeds $500.

Requires any recovered overpayments of transportation reimbursements to school districts and the state charter school institute to be credited to the public school transportation fund.

Eliminates the national credential fund and instead authorizes the general assembly to appropriate moneys for national credential fee assistance from the state education fund directly to the department.

Narrows the facility summer school grant program to focus on reading, writing, or math. Eliminates the facility summer school grant program fund and instead requires the general assembly to appropriate state education fund moneys directly to the summer school grant program.

Amends the "Colorado Preschool Program Act" as follows:

● Renames the program the "Colorado Preschool and Kindergarten Program Act" (CPKP).

● Expresses the general assembly's intent to fully fund the CPKP over the next 3 budget years.

● For the 2006-07 budget year and each budget year thereafter, allows a total of 14,360 children to participate annually in the CPKP statewide.

● For the 2006-07 budget year and each budget year thereafter, allows a school districts to apply to the department to serve up to 15% of the total number of children eligible to participate in the statewide CPKP through the full-day kindergarten portions of the districts' preschool and kindergarten programs.

● For the 2006-07 budget year and future budget years, allows school districts to apply to the department to serve up to 5% of the total number of children eligible to participate in the statewide CPKP through a full-day preschool portions of the districts' preschool and kindergarten programs.

● Encourages school districts to contract with head start agencies or child care agencies for the provision of district preschool and kindergarten programs.

Repeals the authority of school district boards of education to establish full-day kindergarten educational programs to serve students attending a school that receives an unsatisfactory academic performance rating.

Requires school district boards of education to adopt a policy to ensure the right of school district employees and students to display the United States flag. Adds the requirement to adopt a policy regarding the display of the United States flag as an accreditation indicator for school districts.

Makes the following appropriations in the 2005-06 and 2006-07 fiscal years for school capital construction:

● Appropriates $19.25 million from the general fund to the school construction and renovation fund (fund) and $5.75 million from the general fund to the school capital construction expenditures reserve (reserve) to fund public school capital construction.

● Specifies that, of the $19.25 million appropriated to the fund in the 2005-06 fiscal year, $14.25 million shall be included in the calculation of the maximum level of state general fund appropriations in the 2005-06 fiscal year and $5 million shall be a general fund appropriation that exceeds the limitation on state general fund appropriations in the 2005-06 fiscal year and is included in the calculation of the maximum level of state general fund appropriations in the following fiscal year.

● Specifies that the $5.75 million that is appropriated to the reserve in the 2005-06 fiscal year shall be included in the calculation of the maximum level of state general fund appropriations in the 2005-06 fiscal year.

● Specifies that for the 2006-07 fiscal year, the general assembly shall appropriate $7.5 million to the fund and $7.5 million to the reserve.

● Specifies that the moneys appropriated to the fund and the reserve in the 2006-07 fiscal year shall be included in the calculation of the maximum level of state general fund appropriations in the 2006-07 fiscal year.

Makes the following additional adjustment to the fiscal year 2005-06 long bill:

● Increases the general fund appropriation for special education programs for children with disabilities by $20 million.

For the 2006-07 fiscal year, appropriates:

● $65,804 from the general fund for administration of the CPKP.

● $37,582 from the general fund for the special education fiscal advisory committee.

● $283,377 from the general fund and $1 million from the state education fund for declining enrollment district aid.

● $1 million from the state education fund for the summer school grant program.

● $500,000 from the state education fund for the facility summer school grant program.

● $100,000 from the state education fund to the department for national credential fee assistance.

● $3,816 from the general fund to the legislative department to fund per diem costs for the members of the task force.

Makes the following adjustments to the fiscal year 2006-07 general appropriations act:

● Increases the general fund appropriation for management and administration of the act by $845,633, and decreases the cash funds exempt appropriation for management and administration of the act by the same amount.

● Increases the general fund appropriation for assistance to public schools, public school finance, for the state share of districts' total program funding by $4,931,217 for the 2000-slot increase in the CPKP, reflecting the elimination of the $127,505 appropriation for the full-day kindergarten program for unsatisfactory schools.

● Increases the general fund appropriation for assistance to public schools, categorical programs, district programs required by statute, special education - children with disabilities, by $25.72 million, including $2 million for high cost grants.

● Decreases the appropriation for assistance to public schools, grant programs and other distributions, national credential fund by $83,000. Said sum shall be from the state education fund.

● Decreases the appropriation for assistance to public schools, grant programs and other distributions, national credential fee assistance, by $83,000. Said sum shall be from the national credential fund.

● Increases the state education fund appropriation for assistance to public schools, grant programs and other distribution, charter school capital construction, by $2.8 million.

APPROVED by Governor April 28, 2006
EFFECTIVE April 28, 2006

H.B. 06-1396 School-based health centers - grant program - appropriation. Creates a grant program in the prevention services division ("division") of the department of public health and environment for the purpose of providing grants to school-based health centers. Directs that the grant program shall be funded by moneys annually appropriated by the general assembly. States that the grants may be awarded for the establishment and ongoing operations of school-based health centers; for expansion of primary health services, behavioral health services, or oral health services at existing centers; and for expansion of enrollment in the children's basic health plan. States that none of the grants shall be awarded to provide abortion services in violation of the state constitution. Directs the division to develop criteria for the grants in consultation with school-based health centers.

Appropriates $500,000 and 0.7 FTE to the department of public health and environment for allocation to the division for the implementation of the act.

APPROVED by Governor June 2, 2006
EFFECTIVE July 1, 2006