Digest of Bills - 2007

EDUCATION ­ PUBLIC SCHOOLS

S.B. 07-16 Compulsory school attendance - minimum age. Effective July 1, 2008, lowers the minimum age of compulsory school attendance from 7 to 6 years of age. Specifies that a parent who educates his or her child through a nonpublic home-based education program is not required to establish the program until the child is 7 years of age. Allows a parent of a child who began attending preschool or kindergarten at 5 or 6 years of age to notify the child's school of the parent's wish that the child not advance to first grade in the following school year. Requires a school that receives such notice to comply with the parent's wish.

APPROVED by Governor March 16, 2007
EFFECTIVE July 1, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 07-20 Commissioner of education - qualifications - review. Prescribes qualifications for the office of commissioner of education. Requires the state board of education to review annually the job performance of the commissioner of education, including considering the comments and opinions of school district superintendents and school board members, and to report its findings annually to the education committees of the general assembly.

APPROVED by Governor March 22, 2007
EFFECTIVE March 22, 2007

S.B. 07-26 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 school district's full-day kindergarten program. Specifies that a school district that imposes the additional full-day kindergarten mill levy shall:

         Use evidence-based research demonstrating appropriate programs and methods in developing its full-day kindergarten program;

         Not limit the ability of parents to enroll a child in a half-day kindergarten program in the school district; and

         Not participate 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.

APPROVED by Governor March 7, 2007
EFFECTIVE March 7, 2007

S.B. 07-41 Public School Facilities Act - advisory committee for public school capital construction - duties - facility and safety priorities - grant priority assessment - appropriations. Creates the "Public School Facilities Act". Establishes the advisory committee for public school capital construction ("advisory committee") within the department of education ("department"). Specifies how the advisory committee is to be constituted and the qualifications of its members. Specifies the duties of the advisory committee.

Requires the advisory committee to assist school districts by:

         Reviewing certain grant applications submitted by school districts and submitting to the state board of education ("state board") lists of recommended recipients and grant amounts;

         Identifying critical capital outlay needs;

         Implementing state and federal grant-related projects; and

         Assisting school districts too small to maintain their own construction staff.

Requires the advisory committee to establish facility and safety priorities for use in reviewing grant applications and making funding award recommendations to the state board. Specifies that the facility and safety priorities shall identify and describe needs in school districts that will provide educational and safety benefits at a reasonable cost. Requires the advisory committee to submit the facility and safety priorities to the state board. Requires the state board to apply the priorities in awarding grants.

Requires the advisory committee to review school capital construction grants and make annual recommendations to the state board concerning recommended grant recipients. Requires the state board to review the recommendations and approve a list of school districts and charter schools to receive grants from capital construction projects. Repeals the advisory committee on July 1, 2017, following review.

Requires the department to conduct a grant priority assessment using the facility and safety priorities. Requires the department to assess or contract for the assessment of school buildings and facilities in certain school districts based on pupil enrollment and per-pupil assessed valuation. Specifies that the grant priority assessment shall be designed and maintained to provide timely data on certain issues for each school building and facility in the school districts included in the assessment.

Specifies that for the 2007-08 and 2008-09 budget years, the state board, from excess lottery moneys, shall approve and order payment of the costs incurred in establishing the facilities and safety priorities and in conducting or contracting for the grant priority assessment of school buildings. Limits the payment to $391,000 or less for either budget year and to $782,000 or less for both of the budget years.

For the 2007-08 fiscal year, appropriates $3,389 from cash funds exempt received from the department of education to the department of law for the provision of legal services to the department of education related to implementation of the act. Decreases the appropriation to the department of education, assistance to public schools, grant programs and other distributions, school construction and renovations fund by $10,000,000, and specifies the decrease is from cash funds exempt from the school construction and renovation fund.

APPROVED by Governor May 25, 2007
EFFECTIVE May 25, 2007

S.B. 07-50 Truancy proceedings - representation by school district employee. Allows a school district board of education, by resolution, to authorize one or more employees of the school district to represent the school district in truancy proceedings, even though the employee is not an attorney.

APPROVED by Governor March 22, 2007
EFFECTIVE March 22, 2007

S.B. 07-59 Start smart nutrition program - fund - appropriation. Creates the start smart nutrition program ("program") and fund to eliminate the reduced price paid by children who are eligible for reduced price breakfasts under the federal "National School Lunch Act". Requires the department of education to develop procedures for the implementation of the program.

Appropriates $700,000 from the general fund to the start smart nutrition program fund and decreases the general fund appropriation for the school breakfast program by $700,000.

APPROVED by Governor May 15, 2007
EFFECTIVE May 15, 2007

S.B. 07-140 Teachers - quality teachers commission - teacher identifier system - pilot program - quality teachers fund - repeal. Creates the quality teachers commission ("commission") in the department of education ("department") to study the teacher gap in Colorado and creation of a teacher-identifier system. Defines membership of the commission. Allows the commission to function for a 2-year period. Requires the commission annually to report the outcomes of its duties to the education committees of the general assembly. Requires the commission to develop a unique teacher identifier system protocol. Requires the commission to obtain approval from the general assembly for the implementation of the protocol in a pilot program in the second year. Instructs the department to implement the teacher identifier system protocol statewide if the general assembly grants approval, subject to available funding. Creates the quality teachers fund to consist of gifts, grants, and donations. Repeals the commission effective July 1, 2009.

APPROVED by Governor April 11, 2007
EFFECTIVE April 11, 2007

S.B. 07-148 Fast college fast jobs pilot program - creation - requirements - funding. Creates the fast college fast jobs pilot program ("pilot program") to enable students to simultaneously complete the requirements for a high school diploma and an associate's degree or a career and technical education certificate within 5 years. Allows certain school districts to participate in the pilot program by entering into a contract with an institution of higher education to provide a fast college fast jobs education program ("fast college fast jobs program"). Identifies the high schools in which a participating school district may operate a fast college fast jobs program. Specifies the requirements for a fast college fast jobs program, the requirements a student must meet to participate in the program, and the minimum requirements for the contract between the school district and the institution of higher education.

Requires the governing board for the institution of higher education to adopt guidelines for the institution's participation in the pilot program. Requires the governing board and the Colorado commission on higher education to approve each contract between a school district and an institution of higher education for operation of a fast college fast jobs program.

Requires the school district and the institution of higher education to negotiate payment and the amount of tuition, costs of student support services, and costs of other fees and books for each student who participates in the fast college fast jobs program. Specifies that a student who participates in a fast college fast jobs program is not eligible for a stipend from the college opportunity fund. Allows the school district to include students who participate in the fast college fast jobs program in its pupil enrollment for school finance purposes, but reduces by 15 percent the per pupil revenue amount for students who enroll in at least 12 credit hours of higher education courses as of October 1 of any budget year.

Requires the school district to report to the department of education specified information concerning implementation of the fast college fast jobs program, and directs the department to submit a summary report to certain committees of the general assembly and to the governor.

APPROVED by Governor April 2, 2007
EFFECTIVE April 2, 2007

S.B. 07-192 Educational accountability - read-to-achieve grant program - appropriation. Continues the read-to-achieve board ("board") for 7 years and schedules the next sunset review to be done pursuant to the statute governing the sunset review of advisory committees rather than the statute governing the sunset review of regulatory agencies. Allows appointing authorities to remove board members for neglect of duty, and defines "neglect of duty" to include missing 3 consecutive board meetings or at least 3/4 of the meetings in any one calendar year. Authorizes the commissioner of education to appoint a designee to the board. Requires the board to report annually to the governor and to the education committees of the general assembly on the effectiveness of the program. Adds one parent and removes one elementary school principal from the board.

Recreates the read-to-achieve grant program ("program") within the department of education ("department"). Allows only eligible public schools and collaborative groups of eligible schools to apply for grants from the program, and requires the department annually to prepare a list of eligible schools using rules promulgated by the state board of education ("state board"). Allows the board to determine recipients of grant moneys from the program. Holds grant recipients, regardless of form, accountable for satisfying statutory requirements. Requires grant recipients to use a read-to-achieve assessment to demonstrate that the pupils enrolled in the intensive literacy programs funded by the grant were reading, at the time of enrollment, below grade level for kindergarten pupils and first-, second-, and third-grade pupils. Adds kindergarten and first grade to the grade levels for which grant moneys may be used to fund intensive literacy programs. Requires the state board to promulgate rules for the administration of the program.

Recreates the read-to-achieve cash fund ("cash fund") in the state treasury. Allows up to 3% of the moneys appropriated from the cash fund to be used for expenses incurred by the board in administering the program.

Increases the appropriation to the department for the program by 1.0 FTE.

APPROVED by Governor May 22, 2007
EFFECTIVE May 22, 2007

S.B. 07-199 School finance - kindergarten pupil enrollment - minimum per pupil funding - on-line funding - capital reserve fund - local and state shares of district total program - declining enrollment districts with new charter schools - state aid for charter schools - conflicts of interest for state board of education and state charter school institute board members - repayment of overpayments of state funding - reimbursement of high costs for educational services for children with disabilities - Colorado preschool and kindergarten program - unoccupied district facilities - exclusive chartering authority - full-day kindergarten program development plans - standard budget report format - joint education committee categorical program recommendation - speech pathologist credentials - annual report regarding the base per pupil funding increase - appropriations. Amends the "Public School Finance Act of 1994" in the following respects:

         For the 2007-08 budget year, increases the statewide base per pupil funding to $5,087.61, which reflects an increase over the preceding budget year of 3.6% for inflation plus one percentage point.

         Beginning in the 2007-08 budget year, allows a school district to count and receive funding for a pupil enrolled in first grade who is at least 5 years old on or before October 1 of the applicable budget year, if the pupil has attended at least 120 days of kindergarten in a state other than Colorado.

         Beginning in the 2007-08 budget year, changes the minimum per pupil funding from a stated dollar amount to a stated percentage of the statewide average per pupil funding, excluding on-line funding, for the applicable budget year. Specifically, for the 2007-08 budget year, increases minimum per pupil funding to an amount equal to 94.3% of said average and for the 2008-09 budget year and future budget years, increases minimum per pupil funding to an amount equal to 95% of said average.

         Disconnects on-line funding from minimum per pupil funding beginning in the 2007-08 budget year, and continues to fund on-line pupils pursuant to the existing statutory formula.

         Beginning in the 2007-08 budget year, allows a school district that sells lands or buildings, collects payments in lieu of the reservation or dedication of sites and land areas for schools, or collects contributions as a result of a voluntary agreement with a developer, and deposits the proceeds of the payments or collections into the district's capital reserve fund to reduce the total amount of per pupil revenues that the district is required to allocate to the fund by an amount equal to the amount of the payments or collections deposited into the fund.

         Beginning in the 2007 property tax year, for a school district that has obtained voter approval to retain and spend revenues in excess of the property tax revenue limitation imposed on the district by section 20 of article X of the state constitution (TABOR), eliminates the requirement that the district reduce its mill levy so that the district generates the maximum amount of property tax revenue that it can retain under the property tax revenue limits imposed by TABOR.

         Requires each school district that has obtained voter approval to retain and spend excess property tax revenue to levy the lesser of: The number of mills levied by the district for the immediately preceding property tax year; the number of mills that will generate the district's total program for the applicable budget year, minus the minimum state share; or 27 mills.

         Requires each school district that has not obtained voter approval to retain and spend excess property tax revenue to levy the lesser of: The number of mills levied by the district for the immediately preceding property tax year; the number of mills that will generate the district's total program for the applicable budget year, minus the minimum state share; the number of mills that will generate the maximum amount of property tax revenue that the district can retain under the property tax revenue limits imposed by TABOR; or 27 mills.

         Sets a $300,000 cap for the total amount of aid that a declining enrollment school district in which a new district charter school opens may receive in the budget year in which the new district charter school opens.

         Allows a charter school that operates in a facility that is listed on the state inventory of real property and improvements and that is obligated to make lease payments for use of the facility to receive moneys appropriated for charter school capital construction.

Restricts the employment and the elected and appointed offices that a member of the state board of education (state board) or the state charter school institute board may hold during his or her term of office.

Allows a school district or group care facility or home that has received an overpayment of state funding an amount of time to repay the overpayment, without interest, that is equal to the number of years since the last audit of the district, facility, or home. Allows a district, facility, or home that is unable to repay the overpayment within the specified period to enter into an agreement with the department of education (department) for the repayment of the remaining amount, with interest. Changes the interest rate charged on repayments of overpayments, when applicable, to a rate that is equal to the earnings on the treasury pooled funds for the previous fiscal year.

Clarifies that an administrative unit that incurs high costs in providing special educational services to a child with disabilities may apply for a high-cost grant to recover all or a portion of the costs, regardless of the child's district of residence. In awarding high-cost grants, directs the Colorado special education fiscal advisory committee to first prioritize certain administrative units with one or more children being served in an out-of-district placement before prioritizing administrative units with one or more children being served in an in-district placement.

Amends the "Colorado Preschool and Kindergarten Program Act" (CPKP) as follows:

         For the 2007-08 budget year, allows a total of 16,360 children to participate annually in the CPKP statewide; and for the 2008-09 budget year and future budget years, allows a total of 19,860 children to participate annually in the CPKP statewide.

         Requires the district preschool and kindergarten program advisory council to assess whether alternative community providers for the CPKP are available at least once every 2 years instead of once every 5 years.

         Increases the maximum number of pupils that may be in a preschool class to 16, and limits the maximum number of pupils in a full-day kindergarten class to 20.

         Makes an institute charter school eligible to apply for CPKP funding.

         Requires the board of education of a school district with a pupil enrollment that was less than or equal to 750 pupils in the preceding budget year to consider the feasability of contracting-out the CPKP before expending money for capital projects to provide facilities for the CPKP.

Allows a school district that has an unoccupied facility to sell the facility or use it for a different purpose rather than maintain the facility for potential use by a charter school.

Prohibits the state board from denying exclusive chartering authority to a local board of education based on a school district moratorium regarding charter schools that was in existence prior to July 1, 2004, but was repealed on or before October 1, 2004.

Requires each local board of education to develop a plan to potentially phase in a full-day kindergarten program in the school district to be funded with state or local moneys provided specifically for such program. Directs each local board to consider specified issues when developing the plan. Requires each local board to submit its plan to the department by February 1, 2008.

Requires each school district's annual budget to be in a standard budget report format determined by the state board. Directs the state board to establish the standard budget report format by rule no later than July 1, 2008, with input from the financial policies and procedures advisory committee created in the department. Requires each local board of education to submit its adopted annual budget to the department on or before January 31, 2009, and on or before January 31 each year thereafter.

Beginning in the 2008-09 budget year, allows the education committees of the general assembly to submit to the joint budget committee a joint recommendation regarding the allocation of the required increase in total state funding for all categorical programs. Directs the joint budget committee to consider the recommendations, if any, when developing the annual general appropriation bill.

For a school district with a pupil enrollment of 3,000 pupils or less, allows the district to hire a speech pathology assistant with a bachelor's degree in speech communication and does not require the assistant to have a degree higher than a bachelor's degree.

 

Repeals the statutory provisions requiring certain school districts, district charter schools, and institute charter schools to submit an annual report to the state board, the governor, and the education committees of the general assembly specifying how they plan to use the increase in the statewide base per pupil funding during the next budget year.

Makes the following adjustments to the fiscal year 2007-08 general appropriations act:

         Increases the state education fund appropriation for assistance to public schools, grant programs and other distributions, for national credential fee assistance by $25,000.

         Decreases the state education fund appropriation for assistance to public schools, public school finance, for the state share of districts' total program funding by $41,037,119, reflecting a $6,369,059 appropriation for minimum per pupil funding and a $47,406,178 reduction in the state's expenditure for districts' total program as a result of the increase in the local share of total program.

         Increases the general fund appropriation for assistance to public schools, public school finance, for the state share of districts' total program funding by $4,655,056, for the 2,000-student increase in the CPKP.

APPROVED by Governor May 9, 2007
EFFECTIVE May 9, 2007

S.B. 07-215 On-line education programs - division of on-line learning - advisory board - certification multi-district programs - learning centers - appropriation. Repeals the statute authorizing on-line education programs ("on-line programs"). Creates a new article under title 22 on-line programs. Allows a school district, a group of school districts, a board of cooperative services, or the state charter school institute to authorize an on-line program. Sets forth criteria for the creation and administration of on-line programs. Requires the state board of education ("state board") to promulgate rules establishing quality standards for on-line programs.

Creates the division of on-line learning ("on-line division") in the department of education. Sets forth the duties of the on-line division.

Creates the on-line learning advisory board ("advisory board") in the department of education. Requires the advisory board to report annually to the state board. Requires the advisory board to meet at least once every 3 months. Requires the advisory board to make recommendations to the state board regarding any provisions of the new article that should not be waived by the state board. Establishes a sunset review and repeal date of July 1, 2009, for the advisory board.

Requires an authorizer or prospective authorizer of a multi-district on-line program ("multi-district program") to apply to the on-line division for certification of the multi-district program. Requires the state board to promulgate rules for the on-line division to use in the certification of multi-district programs.

For the 2007-08 budget year, limits those students a school district may count in the school district's on-line pupil enrollment. Beginning in the 2008-09 budget year, removes limits on the students who may receive funding in an on-line program and funds on-line students in a single-district on-line program at the district's per-pupil funding amount. Creates the on-line education cash fund ("fund"), and transfers to the cash fund $830,000 of the moneys recovered from overpayments to school districts or the state charter school institute. Requires the general assembly to appropriate annually moneys from the cash fund to the department to be used for the purposes of the new article.

Requires an authorizer of an on-line program to report annually to the on-line division. Requires the state board to promulgate rules establishing a timeline by which an authorizer of an on-line program shall report annually to the on-line division.

Requires the on-line division to review each multi-district program 2 years after the initial certification of the program and every 3 years thereafter. Requires the state board to promulgate rules establishing criteria that the on-line division shall consider in reviewing a multi-district program.

Requires a multi-district program that intends to offer instruction to students within a learning center to seek to enter into a memorandum of understanding with the school district in which the learning center would be located. Specifies considerations that shall be included in a memorandum of understanding between a multi-district program and a school district. Requires school districts and multi-district programs to make good-faith efforts to craft and enter into memoranda of understanding regarding the provision of instruction by multi-district programs within learning centers. Requires a multi-district program that intends to offer instruction to students within a learning center and the school district in which the learning center shall be located to hold at least one public meeting at which they shall receive public input concerning the proposed learning center. Sets forth conditions under which a school district may refuse to enter into a memorandum of understanding. Allows a multi-district program to appeal to the state board a decision by a school district to refuse to enter into a memorandum of understanding with the multi-district program.

For the 2007-08 fiscal year, appropriates from the on-line education cash fund to the department of education, for allocation to the on-line division, $418,861 and 3.5 FTE for implementation of the act.

APPROVED by Governor May 23, 2007
EFFECTIVE July 1, 2007

S.B. 07-227 Safe school plan - immunity. Clarifies that a school district board of education, a teacher, or any person acting in good faith pursuant to a safe school plan is immune from criminal prosecution and civil liability. Allows a person claiming immunity from prosecution to file a motion with the court. At a hearing held prior to trial, states that the movant shall bear the burden of establishing the right to immunity by a preponderance of the evidence, and clarifies that a person who does not seek or is not granted immunity from prosecution is still entitled to an affirmative defense at trial pursuant to the statute.

Allows a person acting in good faith and in conformance with a safe school plan who is wrongfully disciplined by the school district to sue the school district in district court within 2 years after the alleged wrongful action by the school district.

APPROVED by Governor May 3, 2007
EFFECTIVE May 3, 2007

S.B. 07-255 Federal individuals with disabilities in education act - child find program - allocation of responsibilities - appropriation. Allocates specific responsibilities of the child find program of the federal "Individuals with Disabilities Education Improvement Act of 2004" ("child find") between the department of education and the department of human services. Requires the department of education to be fully responsible for the screening and evaluation of children with disabilities. Further requires the department of education to work in conjunction with the department of human services in accepting and directing referrals to appropriate service agencies, assisting with the transition of a child with disabilities from the developmental disabilities system to the public education system at age 3, and working with the department of human services in the area of public education and outreach concerning early intervention services, as needed and appropriate.

Requires the department of human services to be fully responsible for developing and implementing a statewide plan for public education outreach and awareness concerning early intervention services and for providing intake and case management services once a referral is made. Further requires the department of human services to work in conjunction with the department of education in accepting and directing referrals to appropriate service agencies and in assisting with the transition of a child with disabilities from the developmental disabilities system to the public education system at age 3.

Leaves with community centered boards the responsibility for developing an individualized plan ("plan") for a child with a disability. Requires the development of the plan to be coordinated with child find evaluations conducted by administrative units.

Specifies the funding mechanism for costs incurred by administrative units in conducting child find responsibilities.

For the fiscal year 2007-08, appropriates $2,200,000 from the general fund to the department of education, for allocation to administrative units, for costs incurred in implementing the act.

APPROVED by Governor May 31, 2007
EFFECTIVE May 31, 2007

H.B. 07-1048 Academic growth calculation - adaptation of existing model reports. Directs the governor to appoint and the department of education ("department") to convene a new technical advisory panel ("panel") to assist the department and the state board of education in developing a longitudinal growth model to measure the academic growth of students. Establishes requirements and a timeline for development and implementation of the model. Requires the department to calculate adequate longitudinal growth for each student by August 15 of each year and to distribute student-level and school-level reports on academic growth by September 15 of each year.

Directs the panel to develop a new method to identify schools that demonstrate the highest rate of academic growth for purposes of the governor's distinguished improvement awards.

Repeals the requirement that a portion of the in-year cost recovery from the use of unique student identifiers be used to fund the calculation of academic growth of students.

APPROVED by Governor February 6, 2007
EFFECTIVE February 6, 2007

H.B. 07-1049 Bonded indebtedness - fast-growing school districts - timing for issuing debt. Allows a school district that has satisfied the fast growth requirements for 3 consecutive fiscal years and is therefore permitted to increase its bonded debt limitation to issue debt during the 3rd fiscal year in which the district experiences fast growth or during the fiscal year following the 3rd fiscal year in which the district experiences fast growth.

APPROVED by Governor March 30, 2007
EFFECTIVE March 30, 2007

H.B. 07-1059 School safety - school security infrastructure grant program. Allows school districts and charter schools to apply for moneys from the school capital construction expenditures reserve, the contingency reserve that is created in the state public school fund and into which certain lottery proceeds are transferred, and the school construction and renovation fund for the purpose of remodeling or renovating the infrastructure of school property to prevent intruders from entering schools and endangering children.

APPROVED by Governor May 3, 2007
EFFECTIVE May 3, 2007

H.B. 07-1066 Supplemental on-line education courses - contract - grant program - repeal - appropriation. Requires the mountain board of cooperative services ("Mountain BOCES"), subject to available appropriations, to contract with a provider on an annual basis to provide supplemental on-line education courses to an eligible school district, an eligible charter school, and a board of cooperative services ("BOCES") that chooses to purchase the courses. Requires the contractor to provide supplemental on-line education courses to a purchasing school district, charter school, or BOCES at a cost of no more than $200 per student per semester course. Requires the Mountain BOCES to submit an annual report concerning the provision of on-line services pursuant to the contract to the education committees of the general assembly, the joint budget committee, and the department of education.

Creates the supplemental on-line education grant program. Allows school districts, charter schools, and BOCES that enroll fewer than 3,000 students, and meet certain other requirements, to apply to the department of education for a $5,000 grant for the purpose of facilitating access to supplemental on-line education services in their school district, charter school, or BOCES.

Repeals the authority for the contract and the grant program effective July 1, 2010.

Appropriates $480,000 from federal mineral leasing revenues transferred to the state public school fund for the purpose of funding the contract with the provider. Appropriates $50,000 from federal mineral leasing revenues transferred to the state public school fund for the purposes of the grant program.

APPROVED by Governor May 23, 2007
EFFECTIVE May 23, 2007

H.B. 07-1077 Supplemental education services - approved providers. Directs the department of education ("department") annually to issue a request for proposals through which providers of supplemental education services ("providers") may apply to be included on the department's list of approved providers ("approved list"). Instructs the department to review the responses and, based on specified criteria, identify those providers who are included on the approved list, and post the approved list on its website for use by school districts in selecting providers. Specifies the criteria for inclusion on the approved list.

APPROVED by Governor April 9, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 07-1091 Educator licensure - alternative teacher program - one-year extension. Allows a school district or independent school that employs an alternative teacher to extend the one-year alternative teacher training program for one additional year if the alternative teacher is unable to complete the program due to unforseen circumstances and the employer expects that the alternative teacher can complete the program during the additional year. Allows the department of education to extend an alternative teacher license for one additional year based on written evidence that the employing school district or independent school intends to extend the alternative teacher's contract for one additional year.

APPROVED by Governor March 14, 2007
EFFECTIVE March 14, 2007

H.B. 07-1118 State board - school districts - high school - graduation guidelines. Requires the state board of education ("state board") to adopt, on or before July 1, 2008, a comprehensive set of guidelines for the establishment of high school graduation requirements ("guidelines"). Allows school district boards of education ("local school boards") to retain the authority to develop their own unique graduation requirements, so long as those local graduation requirements meet or exceed any minimum standards or basic core competencies or skills identified in the state board guidelines. Directs the state board to take into account recommendations from various groups, utilize standards-based education as the framework, and acknowledge the importance of obtaining core competency skills and standards when it develops the guidelines.

Creates the state graduation guidelines development council ("council"). Outlines membership on and duties of the council. Repeals the council, effective July 1, 2008.

Directs local school boards to establish local high school graduation requirements, utilizing the state board's guidelines.

Directs the Colorado commission on higher education to review and align its academic admission standards with the state board's guidelines.

APPROVED by Governor May 2, 2007
EFFECTIVE May 2, 2007

H.B. 07-1122 Physical education teachers - license requirements. Prohibits a school district that enrolls 1500 or more students from employing a physical education teacher who does not hold a physical education endorsement on his or her teacher license, who is not working towards a physical education endorsement, or who does not hold an authorization in physical education.

VETOED by Governor April 9, 2007

H.B. 07-1178 Charter schools - purchasing school district property. Allows a charter school that is operating in a school district building to purchase the building and grounds from the school district, at the school district's discretion, according to terms established by mutual agreement of the parties. Specifies that, if a charter school vacates a school building and grounds that the charter school has purchased from a school district, the school district that sold the building and grounds has the right of first refusal to purchase the property at fair market value or in accordance with other terms of purchase established by mutual agreement of the parties.

APPROVED by Governor May 31, 2007
EFFECTIVE May 31, 2007

H.B. 07-1232 School finance - military dependent supplemental pupil enrollment aid - appropriation. For the 2007-08 budget year through the 2010-11 budget year, allows a school district to apply to the department of education (department) for military dependent supplemental pupil enrollment aid (aid) for the cost of educating pupils who are enrolled in the district as of February 1 of the applicable budget year, who were not enrolled in the district or in any other school district in the state on October 1 of the applicable budget year, and who are the dependents of a full-time active duty member of the United States military or dependents of a member of the United States military reserve forces who has been called to active duty (military dependent supplemental pupil enrollment).

Specifies that a district shall be eligible for aid only if the district's military dependent supplemental pupil enrollment represents either an increase equal to or greater than 1 % over the district's pupil enrollment for the applicable budget year or an increase equal to or greater than 25 pupils over the district's pupil enrollment for the applicable budget year.

Specifies that an eligible district shall receive aid as calculated by computing a number equal to the district's military dependent pupil enrollment, multiplied by an amount equal to 1/2 of the district's per pupil revenues for the applicable budget year.

Requires a school district to submit an estimated and an actual count of the eligible district's military dependent supplemental pupil enrollment to the department by specified dates to be eligible to receive the aid. Directs the department to submit a request to the general assembly for a supplemental appropriation in an amount that will fully fund the authorized aid.

Directs the general assembly, subject to available appropriations, to appropriate the aid to the department to be distributed by the department. Specifies the method by which the aid shall be distributed in the event that the amount appropriated is insufficient to distribute the full amount of aid to each eligible district.

Appropriates $8,000 from the general fund to the department of education for the implementation of the act.

APPROVED by Governor June 4, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 07-1237 State public school fund - contingency reserve fund - capital construction expenditures reserve fund - lottery proceeds contingency reserve fund. Specifies that the publishing costs associated with the annual printing of the laws enacted by the general assembly concerning education shall be paid out of the state public school fund rather than out of the public school income fund.

Creates the contingency reserve fund in the state treasury to replace and to be used for the same purposes as the contingency reserve created in the state public school fund. Relocates certain provisions regarding the contingency reserve and the contingency reserve fund.

Creates the school capital construction expenditures reserve fund in the state treasury to replace and to be used for the same purposes as the school capital construction expenditures reserve created in the state public school fund.

Creates the lottery proceeds contingency reserve fund in the state treasury to replace and to be used for the same purposes as the contingency reserve that is created in the state public school fund and into which certain lottery proceeds are transferred.

APPROVED by Governor April 26, 2007
EFFECTIVE April 26, 2007

H.B. 07-1238 Small attendance center aid - state public school transportation fund -appropriation. Authorizes moneys in the public school transportation fund that are recovered by the department of education as overpayments made to school districts and the state charter school institute to be appropriated to the department for use in the budget year in which the moneys are recovered. Specifies that the moneys from such overpayments that are appropriated from the fund shall not be included in the calculation of total state funding for all categorical programs.

Increases the appropriation for small attendance center aid for the 2006-07 state fiscal year by decreasing the appropriation from the state education fund for public school transportation by $71,040, increasing the appropriation for public school transportation from the public school transportation fund by $71,040, and increasing the appropriation from the state education fund for small attendance center aid by $71,040.

APPROVED by Governor June 1, 2007
EFFECTIVE June 1, 2007

H.B. 07-1239 Bonded indebtedness - limit increase - fast-growing school districts. For any bonded indebtedness approved at the 2008 general election, increases the limit on bonded indebtedness for any school district that has satisfied the fast-growth requirements for each of the 3 preceding fiscal years or for 3 consecutive fiscal years that include the 3rd fiscal year in which the school district has satisfied the fast-growth requirement. Specifies that the increased limit for a district shall be the greater of the current limit or 30% of the latest valuation for assessment of the taxable property in such district.

APPROVED by Governor April 26, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 07-1243 Science, technology, engineering, and mathematics after-school education pilot grant program - repeal. Creates the science, technology, engineering, and mathematics ("STEM") after-school education pilot grant program ("grant program") in the office of economic development.

Permits a provider that coordinates STEM after-school education programs to apply for a grant to defray the administrative and personnel costs associated with coordinating the programs and to directly support secondary schools' participation in the programs. Allows the director of the office of economic development ("director") to award grants to one or more providers that meet the eligibility criteria of the grant program.

Establishes the STEM after-school education pilot grant program fund ("fund"). Permits the director to accept gifts, grants, and donations for the fund. Requires grant recipients to report annually to the director, and requires the director to provide a summary report concerning the grant program to the business affairs and labor and education committees of the general assembly and to the governor.

Repeals the grant program, effective July 1, 2010.

APPROVED by Governor May 2, 2007
EFFECTIVE May 2, 2007

H.B. 07-1244 Exceptional children -educational programs - gifted students. Requires a school district, a board of cooperative services, and the state charter school institute (an "administrative unit") to adopt and submit to the department of education a program plan to identify and serve gifted children. Requires an administrative unit to implement its program plan to the extent that funds are provided for implementation. Requires each administrative unit to ensure that its constituent schools and school districts make available appropriate special provisions for gifted children to the extent that funds are provided for the special provisions.

APPROVED by Governor June 1, 2007
EFFECTIVE July 1, 2007

H.B. 07-1270 Educational data systems - third party review and study - report - appropriation. Directs the office of information technology ("office") within the office of the governor to issue a request for proposals to conduct a comprehensive assessment of the state's educational data technology system. Outlines the parameters of the assessment. Requires the findings and recommendations of the assessment to be reported by the department of education to the state board of education and the education committees of the general assembly on or before December 1, 2007.

Repeals the act, effective July 1, 2008.

For the 2007-08 fiscal year, appropriates $150,000 from the public school fund to the office of the governor for allocation to the office of information technology for the implementation of the act.

APPROVED by Governor May 23, 2007
EFFECTIVE July 1, 2007

H.B. 07-1271 Family literacy education grant program. Repeals the stipulation that no general fund moneys be appropriated to implement the family literacy education grant program. Repeals the conditional repeal of the "Colorado Family Literacy Act of 2002".

APPROVED by Governor May 30, 2007
EFFECTIVE May 30, 2007

H.B. 07-1292 Instruction concerning human sexuality - science-based content standards. Requires school districts, charter schools, institute charter schools, and teen pregnancy prevention programs that offer instruction concerning human sexuality to maintain science-based content standards for the instruction. Specifies the minimum requirements for the content standards. Excuses a school district, charter school, or institute charter school that is receiving, upon July 1, 2007, direct or indirect funding from the federal government for the provision of an abstinence education program pursuant to 42 U.S.C. sec. 710 from adopting the content standards in any year that the school district, charter school, or institute charter school receives the funding.

APPROVED by Governor May 14, 2007
EFFECTIVE July 1, 2007

H.B. 07-1320 Data collection - education data advisory committee - data dictionary - appropriation. Enacts the "Data Reporting and Technology Act", and makes legislative findings concerning the intended goals of implementing a single statewide education data collection and management system.

Creates the education data advisory committee ("EDAC"). Specifies the membership of the committee. Identifies the EDAC's duties, which pertain generally to reviewing statutory and regulatory data reporting requirements, making recommendations for elimination or combination of them, and providing information and training to school districts and public schools concerning data submission. Repeals the EDAC, effective July 1, 2017, following sunset review.

Requires the department of education ("department") to create a data dictionary to define the education data elements collected by the state and the methods and protocols by which school districts and public schools submit the education data. Specifies the contents of the data dictionary. On or before August 1, 2007, directs the department to submit to the state board of education ("state board"), the education committees of the general assembly, the governor, school districts, and the EDAC a status report on creation of the data dictionary. Directs the department to complete the data dictionary by October 1, 2007. Recognizes the eligibility of the data dictionary for funding from the state education fund. Directs the commissioner of education to ensure that the department requests funding in the fiscal year 2008-09 budget for the on-going costs of the data dictionary.

Requires the department to provide notice within a specified time period to school districts and public schools regarding changes in data collection requirements. Directs the department to hold informational meetings regarding changes in data collection requirements and to provide notice of the changes through an electronic mail list. Requires the department to update information on the department web site within specified time periods. Requires the state board, within 90 days after a statutory change pertaining to data collection, to adopt rules to implement the change, and gives school districts and public schools 90 days after publication of the rules to implement the change.

Extends to July 1, 2008, the date for implementation of the unique student identifying number at specified state colleges.

For the 2007-08 fiscal year, appropriates $274,704 and 1.0 FTE to the department for implementation of the act. Specifies that the moneys are appropriated from moneys recovered as overpayments to school districts or the state charter school institute.

APPROVED by Governor May 23, 2007
EFFECTIVE May 23, 2007

H.B. 07-1345 Educational accountability - school accountability reports - appropriation. Deletes language requiring that the school accountability reports ("reports") be formatted as specified in statute, and outlines information that is required to be in the reports. Adds additional information that shall or may be included in the reports.

For the 2007-08 fiscal year, appropriates $275,250 from the state public school fund to the department of education for implementation of the act.

APPROVED by Governor May 23, 2007
EFFECTIVE May 23, 2007

H.B. 07-1348 Accreditation - initial contracts. Extends the term of initial school district accreditation contracts to July 1, 2008.

APPROVED by Governor May 14, 2007
EFFECTIVE May 14, 2007

 

Session Laws of Colorado Digest of Bills General Assembly State of Colorado


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