Digest of Bills - 2009

EDUCATION PUBLIC SCHOOLS

S.B. 09-33 Child nutrition school lunch protection program - expansion. Adds children who are enrolled in state-subsidized early childhood education programs operated by public schools and are eligible for reduced-cost lunches under the federal "National School Lunch Act" to the list of qualifying students eligible to receive a free lunch under the child nutrition school lunch protection program.

APPROVED by Governor March 25, 2009
EFFECTIVE August 5, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 09-89 State charter school institute - purchasing - funding - institute charter school capital construction assistance fund - withholding for bond payments - appropriation. Allows the state charter school institute board (institute board) to exempt the state charter school institute (institute) from the procurement code.

Reduces to one percent the amount of institute charter school funding that the department of education (department) retains for administrative costs. Directs representatives from each institute charter school and the institute board annually to review the institute's level of funding and costs and to recommend to the general assembly any appropriate changes in the institute's funding.

Creates the institute charter school capital construction assistance fund (fund) to consist of one percent of the per pupil funding calculated for each institute charter school. Allows an institute charter school that is seeking assistance in meeting capital construction needs to apply for a grant or an interest-free loan from the fund. Sets forth procedures for applying for and awarding grants. Directs the institute board to adopt rules and award grants based on economic need and the viability and merit of the capital construction projects.

Clarifies that an institute charter school may request the state treasurer or the institute to withhold moneys otherwise payable to the institute charter school and apply the moneys to the repayment of bonds issued on behalf of the institute charter school.

Appropriates $365,226 from the fund to the department for allocation to the institute for implementation of the act.

APPROVED by Governor June 4, 2009
EFFECTIVE June 4, 2009

S.B. 09-90 Parent involvement in education - Colorado state advisory council for parent involvement in education - school district and school accountability committees. Creates the state advisory council for parent involvement in education (council) in the department of education (department). Specifies the council membership. Directs the council to advise public education entities concerning best practices and strategies, aligned with national standards, for increasing parent involvement in public education and promoting family and school partnerships. Creates the parent involvement in education grant program (program) to provide moneys to public schools to create and implement programs to increase parent involvement in public education. Directs the state board of education (state board) to adopt rules to implement the program. Specifies eligibility criteria for applicants. Directs the council to review applications and make recommendations to the state board for awarding grants. Creates the parent involvement grant program fund (fund) for payment of grants. In any year in which at least $20,000 is credited to the fund, requires the state board to award grants. Requires recipient schools to report the success of grant-funded programs, and directs the council to submit a summary report to the state board and the education committees of the general assembly. Repeals the council and the grant program following sunset review.

Allows for an increase in the number of persons serving on a school district accountability committee (committee), but requires a specified level of parent representation. Directs each school district, to the extent practicable, to ensure that the parents serving on the committee reflect the student groups significantly represented within the population of students enrolled in the school district.

Changes the name of school advisory councils to school accountability committees (accountability committee). Allows for an increase in the number of persons serving on an accountability committee, but requires a specific level of parent representation. Directs the principal of each school, to the extent practicable, to ensure that the parents serving on the accountability committee reflect the student groups significantly represented within the population of students enrolled in the school. Allows a principal to adopt an alternative accountability committee membership if necessary. Allows members of a charter school governing board to serve on the charter school's accountability committee. Prohibits waiver of the accountability committee requirement for charter schools.

Requires at least one parent to be appointed to each of the following boards: The school leadership academy board, each of the regional service area councils, the state charter school institute board, the board of trustees for the Colorado school for the deaf and the blind, and the advisory committee to the Colorado commission on higher education. Removes the prohibition against appointing an officer, employee, or board member of a charter school to the state charter school institute board.

APPROVED by Governor May 21, 2009
EFFECTIVE August 5, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 09-112 On-line education programs - on-line learning advisory board. Repeals the on-line learning advisory board.

APPROVED by Governor April 16, 2009
EFFECTIVE April 16, 2009

S.B. 09-123 Healthy choices dropout prevention pilot program - repeal - appropriation. Creates the healthy choices dropout prevention pilot program (program) in the department of education (department) to improve student attendance and reduce the dropout rate of adolescent students in certain public schools. Requires the department to administer the program. Requires the department to develop a standard application form for a school district to use in applying on behalf of a school for a grant from the program. Requires the commissioner of education (commissioner) or his or her designee to review each application and, subject to the receipt of sufficient gifts, grants, and donations, determine and announce which schools shall receive grants and the amount of the grant that each recipient school shall receive. Requires a school to satisfy certain minimum standards to be eligible to receive a grant from the program. Specifies the permissible uses of grant moneys. Permits a school that receives grant moneys, or the school district of such a school, to contract with a private entity for the provision of services under the program.

Creates the healthy choices dropout prevention pilot program fund (fund) in the state treasury. Allows the department to use no more than two percent of the moneys appropriated from the fund to offset the direct and indirect costs of implementing the program. Authorizes the department to seek and accept gifts, grants, and donations from private or public sources for the program.

Requires the department to report to the education and the health and human services committees of the general assembly concerning the activities carried out under the program and the effectiveness of the program. Requires a school district that includes a school that receives a grant from the program to report to the department concerning the school's use of the grant moneys.

Requires the state board of education (state board) to promulgate rules establishing policies and procedures for the administration of the program. Requires the state board to promulgate rules establishing criteria and procedures for the commissioner or his or her designee to use in selecting schools to receive grants from the program and in determining the amount of the grant each recipient school shall receive.

Repeals the program as of July 1, 2009.

Appropriates $8,228 from the general fund to the department for the implementation of the program. Reappropriates $751 of said sum to the department of law for the implementation of the program.

APPROVED by Governor May 21, 2009
EFFECTIVE August 5, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 09-160 Educator licensure - alternative teacher licenses - teacher in residence program - appropriation. Renames the teacher in residence program to be the 2-year alternative teacher program, and relocates the provisions for that program in statute to the alternative teacher program. Renames the current alternative teacher program to be the one-year alternative teacher program. Requires both the one-year and 2-year alternative teacher programs to meet the Colorado performance-based standards for teachers. Authorizes the department of education to perform an evaluation of each one-year and 2-year alternative teacher program not more often than every 5 years. Requires the state board of education to establish common coursework standards to establish minimum competency in a licensure area. Allows a designated agency that is an institution of higher education to establish program fees that are in accordance with its existing policies.

APPROVED by Governor May 21, 2009
EFFECTIVE May 21, 2009

S.B. 09-163 Education accountability - performance indicators - accreditation - plans - reporting - performance reports - appropriation. Repeals and reenacts, with amendments, the "Educational Accreditation Act of 1998" to align accountability and accreditation measures and procedures.

State accountability duties and procedures. Assigns to the state board of education (state board) the following duties with regard to accountability:

Reviewing the performance of the statewide public education system and setting, reaffirming, or revising statewide targets for measuring the performance of each public school, each school district, the state charter school institute (institute), and the state in the areas of student longitudinal academic growth, student achievement levels on the statewide assessments, postsecondary and workforce readiness, and progress made in closing the achievement and growth gaps (the performance indicators);

Adopting the Colorado growth model (growth model) for measuring student longitudinal academic growth;

Entering annually into an accreditation contract with each school district and the institute, and accrediting each school district and the institute based on its performance under the contract, including performance on the performance indicators, implementation of its plan, implementation of its system for accrediting its public schools, and compliance with statutory and regulatory requirements;

Removing a school district's or the institute's accreditation if it remains at or below a certain accreditation category for 5 consecutive school years, and directing the school district or the institute to take certain restructuring actions;

Based on the recommendations of the department of education (department), annually directing each public school in the state to adopt a performance, improvement, priority improvement, or turnaround plan, based on the public school's performance; and

Directing a school district or the institute to restructure one of its public schools if the school remains at a specified plan type or below for 5 consecutive school years.

Assigns to the commissioner of education (commissioner) and the department specified tasks to support the state board, school districts, the institute, and public schools in fulfilling their duties with regard to accountability, including:

Calculating annually what will constitute adequate academic growth for each student, based on the growth model;

Providing student academic growth information to the appropriate public school and school district or the institute;

Measuring the performance indicators of each public school, each school district, the institute, and the state;

Creating a state review panel to critically evaluate and provide recommendations concerning the improvement, priority improvement, or turnaround plans for certain public schools, school districts, or the institute and making recommendations concerning removing accreditation and restructuring a school district or the institute or restructuring a public school;

Performing an annual accreditation review for each school district and the institute and, based on criteria established by state board rule, assigning an accreditation category to each school district and the institute;

Annually reviewing each public school's performance and, based on the criteria established by state board rule, recommending to the state board that the public school adopt a performance, improvement, priority improvement, or turnaround plan;

Providing technical assistance and support, subject to available resources, to public schools, school districts, and the institute if accredited at a low accreditation category or directed to adopt an improvement, priority improvement, or turnaround plan; and

Creating and maintaining an internet-based, electronic, data delivery system (data portal) for publishing school, school district, institute, and state performance reports; the accreditation category for each school district and the institute; the performance, improvement, priority improvement, or turnaround plan for each public school, each school district, and the institute; and supporting data.

School district and institute accountability duties and procedures. Assigns to each school district board of education (local school board) and the institute the following duties with regard to accountability:

For each local school board, appointing or electing a school district accountability committee, with specified membership;

Based on the school district's or institute's accreditation category, annually adopting a performance, improvement, priority improvement, or turnaround plan, each with specified contents that include attainment targets for the performance indicators;

If the school district or the institute adopts a turnaround plan, submitting the plan to the commissioner for review and approval;

Submitting the final version of the performance, improvement, priority improvement, or turnaround plan to the department for publication on the data portal, and implementing the plan;

Adopting policies for accreditation of the district public schools or the institute charter schools, which policies are comparable to and at least as rigorous as the state-level accreditation procedures;

Annually assigning an accreditation category to each district public school or institute charter school that corresponds to the type of plan the public school is required by the state board to adopt;

Adopting a priority improvement plan or turnaround plan for a public school of the school district or an institute charter school if directed to do so by the state board;

Restructuring a district public school or institute charter school based on the directions from the state board;

Submitting the final version of each district public school's or each institute charter school's performance, improvement, priority improvement, or turnaround plan to the department for publication on the data portal; and

Reporting data to the department as required for measuring the level of attainment on the performance indicators and preparing the school district, institute, and school performance reports.

Assigns to each school district accountability committee specified tasks to support the local school board in fulfilling its duties with regard to accountability, including:

Recommending to the local school board priorities for spending school district moneys;

Advising the local school board concerning the preparation of and submitting to the local school board recommendations for the contents of the performance, improvement, priority improvement, or turnaround plan;

Compiling the performance, improvement, priority improvement, and turnaround plans received from the district public schools and taking them into account in advising and making recommendations concerning the school district plan.

School accountability duties and procedures. Assigns to each public school the following duties with regard to accountability:

Establishing a school accountability committee, with specified membership;

Adopting, in consultation with the school district superintendent if the school is a district public school, a performance or improvement plan, if directed to do so by the state board;

Annually implementing a performance, improvement, priority improvement, or turnaround plan, as directed by the state board.

Assigns to each school accountability committee specified tasks to support the public school and the school district or the institute in fulfilling its duties with regard to accountability, including:

Recommending to the school principal priorities for spending school moneys;

Advising the school principal, and district superintendent if the school is a district public school, concerning the preparation of and submitting to the principal and the superintendent, if appropriate, recommendations concerning the contents of a school performance or school improvement plan;

Advising the local school board or the institute concerning the preparation of and submitting to the local school board or the institute recommendations concerning the contents of a school priority improvement or turnaround plan; and

Meeting at least quarterly to discuss whether school district leadership, personnel, and infrastructure are advancing or impeding implementation of the school district's plan and to discuss safety issues related to the school environment.

School performance reports. Changes the term "school accountability report" to "school performance report", and requires the department to publish a school performance report for each public school, a school district performance report for each school district, an institute performance report, and a state performance report. Specifies the contents of the performance report, and directs the department to update the contents of each report within 60 days after receiving the necessary data.

Amends the alternative education campus provisions to conform to the accountability and accreditation changes made in the act. Expands the closing the achievement gap program to include a school district that is identified by state board rule as having a significant achievement gap.

APPROVED by Governor May 21, 2009
EFFECTIVE May 21, 2009

S.B. 09-176 School district bond elections - inclusion of charter schools' capital construction needs. Allows for participation by charter school representatives in a school district's long-range planning committee to assess and prioritize capital construction needs. Specifies that, no later than June 1 of the applicable election year, a school district shall invite each charter school of the district to participate in discussions concerning inclusion of the charter school in an upcoming district bond election.

Requires a school district to include a charter school in an upcoming bond election if the charter school's capital construction plan remedies shortcomings in the charter school's facilities identified pursuant to the statewide needs assessment, and the charter school's facilities' needs receive a higher priority assessment than the other schools in the school district. Requires any construction financed with bond proceeds pursuant to the act to conform to any construction guidelines established in the "Building Excellent Schools Today Act", part 1 of article 43.7 or title 22, C.R.S.

Allows the school district and the charter school to agree to an alternative financial plan that addresses the capital construction needs of the charter school and allows a school district to exclude from prioritization the capital construction plan of any charter school that is on probation with the school district or that has been authorized within the previous 5 years.

Requires the school district to notify the charter school in writing no later than 60 days prior to the date by which the school district is required to certify the ballot question to the county whether the charter school's capital construction needs have been prioritized for inclusion in the upcoming bond election. If a charter school's capital construction needs are not being prioritized, requires the school district to provide a charter school with a written statement specifying the reasons for excluding the charter school's capital construction needs in the upcoming bond election.

Removes the requirement that a district board of education review a charter school's capital construction plan to determine the need for capital construction, the viability of the capital construction plan, and the need to obtain revenues through bonded indebtedness or from a special mill levy.

Clarifies that a school district board of education may submit a question to eligible electors of a school district concerning contracting bonded indebtedness for the land and facilities needs of a charter school of the school district and for charter school capital construction without title or ownership of the charter school capital construction being held by the school district or ownership or use restrictions placed on the charter school by the school district.

Provides that no bonds shall be issued for the purpose of providing charter school capital construction unless the charter school enters into a contract with the school district requiring the ownership of any capital construction financed by the charter school to automatically revert to the school district if the charter school's charter is revoked or not renewed, the charter school becomes insolvent and can no longer operate as a charter school, or the charter school ceases to operate. Prohibits a charter school from encumbering any capital construction financed by bond revenues with any additional debt without the express approval of the school district. Requires a school district denying any additional encumbrance to provide written reasons for the denial.

APPROVED by Governor May 14, 2009
EFFECTIVE August 5, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 09-181 State education fund - revenue estimates - annual resolution to certify moneys available for appropriation - repeal. Eliminates the requirement that the general assembly annually adopt a resolution to certify the amount of moneys in the state education fund that should be considered available for appropriation for the next state fiscal year.

APPROVED by Governor April 20, 2009
EFFECTIVE April 20, 2009

S.B. 09-213 Alternative teacher compensation plan grant program - budget balancing act - elimination of FY 08-09 appropriation. Allows the general assembly to determine annually whether to appropriate moneys for the alternative teacher compensation plan grant program.

Repeals the 2008-09 fiscal year appropriation of $1 million for the grant program.

APPROVED by Governor February 26, 2009
EFFECTIVE February 26, 2009

S.B. 09-214 Teacher recruitment and retention - teaching and learning conditions survey - national board for professional teaching standards stipends - budget balancing act - elimination of the FY 08-09 appropriation. Requires the general assembly to determine annually whether to fund portions of the teacher recruitment and retention program (program), including the biennial survey and teacher stipends. Repeals the 2008-09 fiscal year appropriation for the program.

APPROVED by Governor March 18, 2009
EFFECTIVE March 18, 2009

S.B. 09-215 State expenditures for the financing of public schools - modifications to appropriations - budget balancing act - reduction in FY 08-09 appropriation. For the 2008-09 budget year, specifies that the statewide base per pupil funding is $5,250.41 to account for inflation plus an additional one percentage point. Eliminates from the statewide base per pupil funding an additional $19.72 per pupil that is not constitutionally required to be included in such base funding.

Allows the department of education (department) to transfer its direct and indirect costs for administering the "Public School Finance Act of 1994" from the appropriation in the annual general appropriation bill for the state's share of total program of all school districts.

For the 2008-09 budget year, reduces the appropriation for charter school capital construction from $10,000,000 to $5,135,000, and specifies that $135,000 of such appropriation shall be distributed to the charter school for the deaf and blind.

Extends for one year the deadline for the department to contract with a private person or entity to conduct a study to evaluate how declining pupil enrollment in school districts statewide impacts the students that remain in the declining enrollment districts. Delays for one year the reporting requirement in connection with the study.

APPROVED by Governor April 17, 2009
EFFECTIVE April 17, 2009

S.B. 09-226 Food allergies and anaphylaxis management - appropriation. Requires the state board of education (state board) to promulgate rules for the management of food allergies and anaphylaxis among students enrolled in public schools of the state. Requires the state board to consult with the department of public health and environment (department) in promulgating the rules. Specifies mandatory provisions to be included in the rules.

Requires each school district to adopt a policy for the management of food allergies and anaphylaxis among children in schools of the school district. Requires each school district policy to include provisions that satisfy the rules promulgated by the state board.

Requires the state charter school institute to adopt a policy for the management of food allergies and anaphylaxis among children in institute charter schools. Requires the institute charter school policy to include provisions that satisfy the rules promulgated by the state board.

Requires the department to develop, maintain, and make available to school districts and institute charter schools a standard form to be used by school districts and institute charter schools to gather information from physicians and parents and guardians of students concerning students' risk of food allergies and anaphylaxis and the treatment thereof.

Appropriates $1,951 to the department of education for the implementation of the act.

APPROVED by Governor May 14, 2009
EFFECTIVE August 5, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 09-230 School districts - state charter school institute - charter schools - school food authorities. Allows a school food authority to establish, maintain, equip, and operate a food-service facility. Requires a board of education of a school district to attempt to negotiate food service terms with a district charter school of the school district, but, if the attempt fails, either to allow the district charter school to transfer the maintenance, supervision, and operation of the district charter school's food-service facility from the school district to a school food authority or to agree to provide food services to the district charter school according to terms that the district charter school requests. Requires the state charter school institute to attempt to negotiate food service terms with an institute charter school, but, if the attempt fails, either to allow the institute charter school to transfer the maintenance, supervision, and operation of the institute charter school's food-service facility from the state charter school institute to a school food authority or to agree to provide food services to the institute charter school according to terms that the institute charter school requests.

Allows a district charter school or an institute charter school to apply to the department of education (department) for authorization as a school food authority. Requires the department to grant or deny authorization as a school food authority to district charter schools or institute charter schools that apply for the authorization. Requires the state board of education to promulgate rules establishing:

A timeline and procedures by which a district charter school or an institute charter school may apply to the department for authorization as a school food authority; and

A timeline, standards, and procedures for the department to use in granting or denying the authorization.

Allows the commissioner of education or his or her designee to grant or deny provisional authorization as a school food authority to district charter schools or institute charter schools that apply to the department for such authorization. Sets an expiration date for provisional authorizations. Requires the department to review each district charter school or institute charter school that receives provisional authorization and to grant or deny authorization as a school food authority to the district charter school or institute charter school prior to the expiration date of the provisional authorization. Sets a date after which the commissioner or his or her designee may no longer grant provisional authorizations.

APPROVED by Governor May 4, 2009
EFFECTIVE May 4, 2009

S.B. 09-237 Grounds for suspension or expulsion - firearm facsimile - authorization policy. Permits, rather than requires, a school district to suspend or expel a student for carrying, using, actively displaying, or threatening the use of a firearm facsimile. Requires school districts to develop a policy that authorizes students to bring a firearm facsimile to school for a school-related or nonschool-related activity. Requires the policy to allow the discipline to be determined on a case-by-case basis.

APPROVED by Governor April 21, 2009
EFFECTIVE April 21, 2009

S.B. 09-256 School finance - required district budget allocations - fiscal emergency restricted reserve - additional property tax revenue limitation - insufficient state share for institute charter schools - individual career and academic plans - expelled and at-risk student program - excess transportation costs - designation of real property as district emergency reserve - authorization to create a state residential school and feasibility study- centers of excellence awards - eligibility for closing the achievement gap program - appropriations. Amends the "Public School Finance Act of 1994" as follows:

For the 2009-10 budget year, increases the statewide base per pupil funding to $5,507.68, which is an amount equal to $5,250.41 supplemented by $257.27 to account for a 3.9% inflation increase, plus an additional one percentage point.

For the 2009-10 budget year, maintains the funding for supplemental kindergarten enrollment at an amount equal to 8% of a full-day pupil.

For the 2009-10 budget year and budget years thereafter, eliminates the requirement that each school district (district) and each charter school set aside a percentage of its budget to be allocated to an account for instructional supplies and materials and to an account for capital needs or for the management of risk-related activities. Eliminates the monetary spending restrictions from each district capital reserve fund.

For the 2009-10 budget year, requires each district and the state charter school institute (institute) to create and budget an amount to a fiscal emergency restricted reserve (reserve). For the 2009-10 budget year, makes the total amount of the reserve $110 million. Directs the department of education (department) to calculate the amount to be budgeted to the reserve by each district and the institute so that each budgets a proportional share of the total amount of the reserve. Requires the amount budgeted to the reserve to be released for expenditure by each district and for distribution to institute charter schools by the institute, as applicable, on January 29, 2010, if a negative supplemental appropriation to effect a recision of the total amount of the reserve has not been enacted and become law by such date.

Increases the cap on the amount of additional property tax revenue that a district may retain and spend to an amount equal to 25% of the district's total program. Requires a district that intends to seek voter approval to retain and spend additional property tax revenues to submit a proposal regarding the district's proposed use of the additional revenues to the state board of education (state board).

Excludes from the calculation of a district's maximum mill levy override amount specific ownership tax revenue attributable to property tax levies made by the district that have been authorized at previous elections and property tax levies made by the district for the purpose of satisfying bonded indebtedness.

In any budget year in which the state share of funding for an accounting district is insufficient to fully fund the total program of an institute charter school in the accounting district, directs the department to request a supplemental appropriation to ensure that the institute charter school is fully funded.

Directs the department to distribute charter school capital construction funding in 12 approximately equal monthly payments during the applicable budget year rather than in a lump sum payment. Encourages the governor to allocate a portion of the moneys received by the state through the federal "American Recovery and Reinvestment Act of 2009" to charter schools in the state to help meet capital construction needs.

Requires each employment contract for a teacher or chief administrative officer to contain a provision requiring the teacher or chief administrative officer to accept the terms of the contract within 30 days after receipt of the contract. If the contract is not accepted within such period, authorizes the district to open the position to additional candidates.

Clarifies that the prohibition of a term in a charter contract that would require a charter school to forego operating or capital construction funds shall not be construed to prohibit a charter school from contracting with its chartering board of education or with the institute, as applicable, for the purchase of services.

Requires each district and the institute to ensure that each student who enrolls in the sixth grade in a public school registers on-line with college in Colorado. Directs each district and the institute to collaborate with the department and the department of higher education in monitoring implementation of the registration requirement. Requires each public school to assist each student and his or her parent or legal guardian in developing and maintaining the student's individual career and academic plan and to comply with the requirements of the federal "Family Educational Rights and Privacy Act of 1974" in developing and maintaining the plan. Requires the state board to promulgate rules to establish standards for individual career and academic plans for students enrolled in public schools.

Requires the state board to award at least half of any increase in the appropriation for the expelled and at-risk student services grant program for the 2009-10 fiscal year to grant applicants that provide services and supports that are designed to reduce the number of truancy cases requiring court involvement and that also reflect the best interests of the students and families. Authorizes and encourages the department to retain up to an additional 2% of any moneys appropriated to the expelled and at-risk student program to partner with organizations or agencies that provide services and supports that are designed to reduce the number of truancy cases requiring court involvement and that also reflect the best interests of students and families.

Modifies the definition of "excess transportation costs" to allow for additional money from mill levies and to include transportation vehicles or other capital outlays related to pupil transportation.

Authorizes district boards of education that provide for a district emergency reserve established at an amount equal to at least 3% of the amount budgeted in the district's general fund to designate real property as all or a portion of its constitutionally required reserve, so long as the district board has notified the state treasurer and the department of its intent to enter into a lease-purchase agreement with respect to such property. Requires a local board to restore the district emergency reserve within specified periods if the board expends any moneys from the reserve.

Requires the commissioner of education (commissioner) to study the feasibility of operating one or more state schools to serve students who are in need of greater academic support and who may be at risk of academic failure. Authorizes the commissioner to contract for the creation and operation of a state residential school to provide educational services to students who are at risk of academic failure if the commissioner concludes that state residential schools would be beneficial to the state. Requires that a state residential school provide an educational program focused on math and science. In the alternative to a state residential school, authorizes the commissioner to provide technical assistance to school districts and public schools to address the needs of students who are at risk of academic failure by improving the availability and quality of secondary-level math and science curricula. Authorizes the appropriation of up to $3 million to the commissioner for the implementation of a state residential school or the provision of technical assistance, and specifies that such moneys may be from the state education fund.

For the 2008-09 budget year, allows the commissioner to accept, as repayment from a district that has received an overpayment, items for use by the department, including lifetime on-line curriculum licenses, in the same value as the amount of the overpayment owed by the district.

Includes in the school awards program centers of excellence awards for public schools in the state that enroll at least 75% at-risk pupils and that demonstrate the highest rates of student academic growth. Of the moneys available for the school awards program, requires that $250,000 be awarded each year to schools through a centers of excellence award. For the 2009-10 budget year, transfers $250,000 from the read-to-achieve cash fund to the school awards program fund to be used for centers of excellence awards.

For the 2009-10 budget year, transfers $1.75 million from the read-to-achieve cash fund to the closing the achievement gap cash fund for the purposes of the closing the achievement gap program.

For the 2008-09 budget year, requires each district that has unexpended and unencumbered moneys remaining from the moneys that the district received for full-day kindergarten programs to return such unexpended and unencumbered moneys to the department. For the 2009-10 budget year, allows districts that do not report any full-day kindergarten pupils to use the moneys received for full-day kindergarten for planning and facility preparation for a full-day kindergarten program in subsequent years.

Reverses the change made in Senate Bill 09-269 that would allow moneys from the read-to-achieve cash fund to be used for summer school programs.

Authorizes the state treasurer to invest public funds in any certificate of participation or other security evidencing rights in payments to be made by a school district under a lease or lease-purchase agreement if the security carries at least 2 credit ratings and is rated at or above "A" by the credit rating agencies.

Reduces the appropriation to the read-to-achieve cash fund by $2 million.

APPROVED by Governor May 21, 2009
EFFECTIVE May 21, 2009

S.B. 09-260 State public school lands - transfer moneys to state public school fund - budget package act. For the 2008-09 and 2009-10 state fiscal years, transfers to the state public school fund, instead of the public school fund (permanent school fund), moneys not otherwise allocated from:

Interest or income earned on the investment of the moneys in the permanent school fund;

Proceeds received by the state for the sale of timber on public school lands, rental payments for the use and occupation of the surface of said lands, and rentals or lease payments for sand, gravel, clay, stone, coal, oil, gas, geothermal resources, gold, silver, or other minerals on said land; and

Royalties and other payments for the depletion or extraction of a natural resource on said lands.

APPROVED by Governor May 1, 2009
EFFECTIVE May 1, 2009

S.B. 09-285 Concurrent enrollment of students in postsecondary courses - career and technical education programs. Includes career and technical education programs among the institutions of higher education (institutions) that are permitted to offer concurrent enrollment opportunities to high school students. Adds 2 representatives of career and technical education programs to the concurrent enrollment advisory board. Requires an institution that has entered into a cooperative agreement with a local education provider concerning the provision of concurrent enrollment opportunities to qualified students to provide a copy of the cooperative agreement to the state board for community colleges and occupational education if the cooperative agreement contemplates the provision of career and technical education courses. Prohibits the concurrent enrollment of a student in a course that is offered by a career and technical education program unless the course is included in a postsecondary degree or certificate program that is approved by the state board for community colleges and occupational education (state board). Requires the instructor of a career and technical education course in which a qualified student concurrently enrolls to possess a career and technical education teaching credential that has been authorized by the state board.

States that the act shall take effect only if House Bill 09-1319 is enacted and becomes law.

APPROVED by Governor June 4, 2009
EFFECTIVE June 4, 2009
NOTE: House Bill 09-1319 was signed by the governor May 21, 2009.

S.B. 09-291 School finance - state and local shares of district total program - school districts exempt from constitutional revenue limitation obtaining voter approval to again become subject to limitation - calculation of state's share. Requires that any school district that has obtained voter approval to retain and spend revenues in excess of the property tax revenue limitation imposed by the taxpayer's bill of rights and that obtains voter approval to again become subject to such limitation shall receive state aid as if the district levied the number of mills that it would have levied had the district maintained its authority to retain and spend revenues in excess of such revenue limitation.

APPROVED by Governor June 1, 2009
EFFECTIVE June 1, 2009

H.B. 09-1046 Postsecondary and workforce readiness - assessments - pilot program. Clarifies that a vendor that participates in the postsecondary and workforce readiness assessments pilot program (pilot program) shall provide to the department of education (department) information concerning administration of the vendor's assessments in Colorado. Removes the restriction that a local education provider participating in the pilot program (participating LEP) will assess students only in spring semesters. Directs each participating LEP to ensure that the vendor provides assessment results directly to the department.

APPROVED by Governor March 20, 2009
EFFECTIVE March 20, 2009

H.B. 09-1065 Educators - quality teachers commission - quality teacher identifier system - fund. Extends the repeal date for the quality teachers commission (commission), and redefines the time frames within which the commission must accomplish certain tasks.

Creates the educator identifier system (system) in the department of education (department). Outlines the scope, purposes, and certain restrictions on an initial-phase pilot program, the system, and the use of the data to be obtained through the system. Establishes confidentiality parameters and protections for educator identifiers. Mandates that the department shall not be obligated to implement the system until sufficient funds have been received to cover the costs of implementation. Sets forth reporting requirements. Establishes the educator identifier fund for gifts, grants, or donations, and gives the department continuous appropriation authority for the moneys in the fund. Repeals the program July 1, 2012.

APPROVED by Governor May 21, 2009
EFFECTIVE May 21, 2009

H.B. 09-1082 School district boards of education - audio recordings of public meetings. Requires a school district board of education (board) to make a recording of each regular and special meeting of the board at which votes are taken and recorded and to make the recording available to the public. Requires the board to use appropriate technology that is available within the school district at the time the recording is made. Allows an individual or entity to request a copy of the recording, and requires the individual or entity to pay the costs incurred in providing the copy. Requires the board to institute a policy requiring that the recordings be retained for a minimum of 90 days.

APPROVED by Governor March 25, 2009
EFFECTIVE August 5, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 09-1099 Youth advisory council - designation of nonprofit as custodian of moneys. Clarifies that the Colorado youth advisory council (council) is created in the legislative branch. Requires the legislative members of the council annually to designate a nonprofit or private organization (designated organization) as the custodian of moneys donated to the designated organization on behalf of the council, and authorizes the designated organization to expend any moneys necessary to further the council's operation and duties. Authorizes the designated organization and the council to contract with outside entities concerning the implementation of the council's operation and duties. Provides that moneys in the youth advisory council cash fund are continuously appropriated rather than subject to annual appropriation.

APPROVED by Governor April 3, 2009
EFFECTIVE August 5, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 09-1125 Enrollment incentives - prohibition - exceptions. Prohibits a school district, a board of cooperative services, a public school, or the state charter school institute (local education provider) from offering or providing an item of value prior to, upon, or after enrolling in an educational program unless:

The local education provider makes the item of value available continuously or at regular intervals through the school year and ceases providing the item of value if the child leaves the education program before the end of the school year;

The local education provider awards the item of value at the end of the school year or upon matriculation in recognition of student performance; or

The local education provider pays the item of value to the child or his or her parent in exchange for services rendered.

APPROVED by Governor April 16, 2009
EFFECTIVE April 16, 2009

H.B. 09-1151 School building inspections - department of public safety - appropriation. Effective January 1, 2010, replaces the department of labor and employment with the department of public safety as the oversight agency responsible for code inspections for public school and junior college buildings. Creates the public school construction and inspection section within the division of fire safety (division) in the department of public safety to conduct the inspections. Transfers any moneys in the public safety inspection fund from school building inspection fees collected by the department of labor and employment to the public school construction and inspection cash fund for use by the department of public safety. Transfers employment positions, employees, and property from the department of labor and employment to the department of public safety to carry out the public school inspection duties.

Identifies the director of the division (director) as the supervisor for the public school construction and inspection program (program) and the certification program for public school and junior college building inspectors, and empowers the director to adopt rules to administer the program and to enforce the school building inspection provisions. Changes the name of the fire safety inspection cash fund to the public school construction and inspection cash fund, and exempts the fund from the limit on uncommitted reserves. Recognizes the authority of the local fire department to inspect school buildings for fire safety and to refer violations to the division for enforcement. Moves the board of appeals from the department of labor and employment to the division, and directs the board of appeals to advise the director in promulgating rules and enacting standards for the program.

For the 2009-10 fiscal year, appropriates $635,201 and 8.0 FTE from the public school construction and inspection cash fund to the department of public safety for oversight of school building code inspections. Makes adjustments to the 2009-10 long bill to decrease the appropriation to the department of labor and employment by the same amount.

APPROVED by Governor May 4, 2009
EFFECTIVE May 4, 2009

H.B. 09-1182 On-line education programs - funding. Repeals the on-line education cash fund on July 1, 2010. Makes the division of on-line learning in the department of education a permissible recipient of moneys from the state education fund for the purpose of funding on-line education.

APPROVED by Governor April 3, 2009
EFFECTIVE April 3, 2009

H.B. 09-1189 Education program funding - state programs. Clarifies that the Colorado school for the deaf and the blind and education programs provided by the Colorado mental health institute at Pueblo or Fort Logan may receive per pupil funding under the "Public School Finance Act of 1994". Changes the date for reporting the pupil enrollment.

APPROVED by Governor April 3, 2009
EFFECTIVE April 3, 2009

H.B. 09-1214 Data reporting requirements - education data accountability committee - duties - interpretation of FERPA - suspension of reporting requirements. Clarifies that the education data accountability committee (EDAC) is directed to review the reporting requirements imposed on school districts and public schools by all state and federal agencies. Directs the EDAC, in reviewing proposed statutory or regulatory data reporting requirements, to inform the enacting state or federal agency of the estimated cost to the school districts and public schools of complying with the proposed requirements and whether the proposed requirements already exist in statute or regulation.

By September 15, 2009, directs the EDAC to submit to the general assembly and publish on the internet a written report listing the data reporting requirements that are not cost-effective or that are duplicative, obsolete, inefficient, or not used and should be repealed.

Changes the calendar for implementing changes to data reporting requirements from a rolling 90-day period for updates to a single annual date for updating changes to data reporting requirements.

Directs the state board of education to update the state's interpretation of federal data privacy restrictions and, in doing so, to consider the interpretations applied by neighboring states.

Suspends the reporting requirements for a program in any year in which the general assembly does not appropriate moneys for the program.

APPROVED by Governor April 30, 2009
EFFECTIVE April 30, 2009

H.B. 09-1240 Colorado teacher of the year program - creation - fund. Creates the Colorado teacher of the year program (program) in the department of education (department) to recognize and reward the teacher named Colorado teacher of the year pursuant to the program coordinated through the national teacher of the year program.

Requires the state board of education to adopt rules for the implementation of the program, including the rewards, duties, and opportunities for the teacher named Colorado teacher of the year.

Creates the Colorado teacher of the year fund, and authorizes the department to solicit and accept gifts, grants, and donations to fund the program.

APPROVED by Governor May 5, 2009
EFFECTIVE August 5, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 09-1243 Student dropout prevention and re-engagement - office created - practices assessments - student graduation and completion plans - student re-engagement grant program - reporting - appropriation. Creates the office of dropout prevention and student re-engagement (office) in the department of education (department) to collaborate with local education providers (LEPs) to reduce the student dropout rate and increase the student graduation and completion rates. Specifies that the department is not required to implement any provision of the act until such time as the department receives gifts, grants, or donations in an amount sufficient to fund the operations of the office. Specifies the office's duties. Directs the office to identify high priority and priority LEPs to receive technical assistance and support from the office.

Requires the office to compile a report of effective dropout prevention and student engagement and re-engagement policies based on research and data. Specifies the uses for the report, and directs the office to publish the report on the internet. Requires the office annually to analyze attendance data and assess the incidence, causes, and effects of student dropout, engagement, and re-engagement. Directs the office annually to report the assessment and any recommended strategies to address student dropout, engagement, and re-engagement to LEPs, the state board of education (state board), the governor, and the education committees of the general assembly.

Requires each high priority and priority LEP to conduct a practices assessment and to adopt a student graduation and completion plan (plan). Sets deadlines for completing the practices assessment and plan, and specifies the items the practices assessment must address and the plan must include. Directs the office to provide technical assistance to high priority and priority LEPs and, if possible within available appropriations, to provide each high priority and priority LEP a template for the practices assessment, which template includes available student data. Directs each high priority and priority LEP to submit its practices assessment and its plan to the department for publication on the internet. Directs the office to evaluate each high priority and priority LEP's plan as part of the accreditation review process.

Requires each LEP to adopt a policy to provide notice to a student's parent if the student drops out of school. Specifies that the notice shall include information concerning educational alternatives that are available to the student.

Creates the student re-engagement grant program (program) to provide moneys to LEPS to use in providing educational services and supports to students to maintain student engagement and support student re-engagement. Creates the student re-engagement grant program fund (fund) to receive gifts, grants, and donations for implementation of the program. Directs the state board to adopt rules to implement the program, including the information to be included in grant applications. Allows the department to use up to 3% of the amount annually appropriated from the fund to offset the costs of implementing the program. Requires the department to evaluate the services provided by grant recipients and to report the evaluation results to the education committees of the general assembly.

Requires the office to submit an annual report to the state board, the governor, and the education committees of the general assembly making state policy findings and recommendations to reduce the student dropout rate and increase the student graduation and completion rates. Specifies the minimum contents of the report. Specifies that the reporting requirement shall not expire within 3 years.

Repeals the mandate to expel an habitually disruptive student, and allows a school district to suspend the student. Repeals the requirement that a suspension or expulsion count as an unexcused absence under a school district's attendance policy.

Appropriates $157,772 from the student re-engagement grant program fund to the department for implementation of the act.

APPROVED by Governor May 21, 2009
EFFECTIVE May 21, 2009

H.B. 09-1296 Reading assistance grant program - repeal. Extends the repeal date for the reading assistance grant program by one year.

APPROVED by Governor April 22, 2009
EFFECTIVE April 22, 2009

H.B. 09-1312 Renewable energy and energy efficiency for schools loan program. Creates the renewable energy and energy efficiency for schools loan program (loan program) to fund renewable energy projects and energy-efficient bus projects in qualified school districts. Makes administration of the loan program a permissible use of moneys appropriated from the public school energy efficiency fund. Extends the repeal date associated with the public school energy efficiency fund to July 1, 2017.

Requires the governor's energy office (office) to administer the loan program. Requires the state board of education, in consultation with the office, to promulgate rules establishing policies and procedures for the administration of the loan program. Requires the office to review each loan application, evaluate each project associated with a loan application, and make recommendations to the state treasurer as to whether to award a loan and the amount of the loan.

Creates the renewable energy and energy efficiency for schools loan program administration fund (fund) in the state treasury. Specifies that the moneys in the fund shall be used to pay for costs incurred by the office in administering the loan program but shall not be included in any loan made to a qualified school district.

Authorizes the state treasurer to make loans and determine the interest rates and repayment terms of loans under the loan program. Authorizes the state treasurer to withhold amounts from a school district's payments of the state's share of the school district's total program received in accordance with the "Public School Finance Act of 1994" in the event that the school district fails to make timely payments against a loan received from the loan program.

Allows a qualified school district that receives a loan from the loan program for a renewable energy project to use the moneys received to finance the acquisition of a renewable energy project. Requires a qualified school district that applies for a loan from the loan program for a renewable energy project to contact its local electrical utility and allow the utility, at the discretion of the utility, to place a representative of the utility on the school district's renewable energy project team.

Requires the legislative service agencies to conduct a post-enactment review of the loan program 2 years after the implementation of the loan program and report their conclusions to the education committees of the house of representatives and senate, or any successor committees. Specifies criteria to be included in the post-enactment review.

APPROVED by Governor May 15, 2009
EFFECTIVE May 15, 2009

H.B. 09-1319 Concurrent enrollment programs - appropriations. Repeals the high school fast track program, the "Postsecondary Enrollment Options Act", and the "Fast College Fast Jobs Act".

Allows a school district, a board of cooperative services (BOCES), a district charter school, or an institute charter school (local education provider) to partner with an institution of higher education to offer college courses to qualified high school students (qualified students). Requires a local education provider to notify middle school, junior high school, and high school students and their parents or legal guardians of the opportunity for qualified students to concurrently enroll in courses offered by institutions of higher education (concurrent enrollment). Requires a qualified student enrolled in a high school of a school district who desires to participate in concurrent enrollment to apply to the superintendent of the school district, or the superintendent's designee, and receive approval from the superintendent or his or her designee. Requires a qualified student enrolled in a district charter school, an institute charter school, or a high school of a BOCES who desires to participate in concurrent enrollment to apply to the chief administrator of the district charter school, institute charter school, or high school of a BOCES and receive approval from the chief administrator.

Requires a local education provider of a qualified student who participates in concurrent enrollment to pay the institution of higher education in which the student enrolls for the cost of the student's tuition. Requires a qualified student who participates in concurrent enrollment, or the student's parent or legal guardian, to reimburse the student's local education provider for the amount of tuition costs paid by the local education provider for a course on behalf of the student if the student fails to complete the course without the consent of the student's high school principal. Allows a local education provider to adopt a policy that requires a qualified student and his or her parent or legal guardian to sign a document prior to the student's concurrent enrollment in a college course, which document commits the student or his or her parent or legal guardian to reimburse the local education provider for the tuition paid by the local education provider for the course in the event that the student receives a failing grade in the course.

Requires a qualified student who intends to concurrently enroll in a college course to satisfy the minimum prerequisites for the course prior to his or her enrollment in the course. If a qualified student who intends to concurrently enroll in a college course has not satisfied the minimum prerequisites for the course prior to his or her enrollment in the course, allows the qualified student to concurrently enroll in a basic skills course at the institution only if the qualified student is concurrently enrolled in the twelfth grade in a local education provider and the institution offers the basic skills course.

Requires a qualified student who intends to concurrently enroll to establish, in consultation with the administration of his or her local education provider, an academic plan of study that describes all of the courses that the qualified student intends to complete to satisfy his or her remaining requirements for graduation from the local education provider. Requires the principal, a counselor, or a teacher advisor of the qualified student's local education provider to approve the academic plan of study.

Requires the local education provider of a qualified student who participates in concurrent enrollment to enter into a cooperative agreement with the institution of higher education at which the student enrolls. Specifies mandatory provisions for the cooperative agreement, including the rate of tuition at which the local education provider will pay the institution of higher education. Requires an institution of higher education that executes a cooperative agreement to provide a copy of the cooperative agreement to the department of higher education.

Allows a district charter school to elect to allow a qualified student of the district charter school to concurrently enroll pursuant to the provisions of a cooperative agreement that is entered into by either the school district of the district charter school and an institution of higher education or the district charter school and an institution of higher education. Clarifies that, if a district charter school elects to allow a qualified student of the district charter school to concurrently enroll pursuant to the provisions of a cooperative agreement that is entered into by the school district of the district charter school and an institution of higher education, the district charter school shall be responsible for paying the tuition for each course that the qualified student completes pursuant to the cooperative agreement and the student shall apply for and receive approval from the superintendent of the school district, or his or her designee, not later than 60 days before the end of the academic term that immediately precedes the intended term of concurrent enrollment.

Establishes a maximum concurrent enrollment tuition rate for local education providers and institutions of higher education to use in their cooperative agreements.

Creates the concurrent enrollment advisory board (advisory board) in the department of education (department). Establishes the membership of the advisory board and the terms of the members. Establishes the duties of the advisory board. Requires the advisory board to report annually to the state board of education (state board) and the Colorado commission on higher education. Repeals the advisory board following a sunset review.

Creates the accelerating students through concurrent enrollment program (ASCENT program) in the department to allow certain students to continue concurrent enrollment after the twelfth grade. Establishes criteria for the department to use in selecting students to receive grants from the ASCENT program. Requires the department to administer the ASCENT program. Requires the advisory board to establish guidelines for the administration of the ASCENT program. Requires the state board to promulgate rules for schools and school districts to follow in satisfying state and federal reporting requirements concerning the enrollment status of ASCENT program participants.

Specifies that a qualified student who participates in concurrent enrollment shall be included in a school district's pupil enrollment for the purpose of determining the school district's per-pupil funding pursuant to the "Public School Finance Act of 1994" unless the qualified student is participating in the ASCENT program. Funds at a lower rate a qualified student who is participating in the ASCENT program.

Requires the state board to promulgate rules for the administration of concurrent enrollment programs. Requires the local education provider of a qualified student who participates in concurrent enrollment to report to the department, upon request, data concerning the qualified student's participation. Requires the institution of higher education in which a qualified student concurrently enrolls to report to the department of higher education, upon request, data concerning the qualified student's experience with postsecondary course work. Requires the department and the department of higher education to report annually to the education committees of the general assembly concerning concurrent enrollment.

Anticipates that the department will receive $30,031 in federal moneys for implementation of the act. Of said amount, reappropriates $10,139 to the department of law for legal services.

APPROVED by Governor May 21, 2009
EFFECTIVE May 21, 2009

 

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


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