Digest of Bills - 2010

EDUCATION PUBLIC SCHOOLS

S.B. 10-8 School finance - pupil enrollment calculation - average daily membership study. The department of education (department) is required to contract with a private or private nonprofit Colorado-based education policy or research organization for a study to evaluate the feasibility, design, and local education provider impact of a system to determine pupil enrollment based on the average number of days that each pupil is enrolled in school during the school year (average daily membership) rather than based on a single count date; except that the department shall contract for the study only if the department receives gifts, grants, or donations in an amount necessary to cover the costs of the study. The department shall award the contract no later than 60 days after the date that the department receives moneys to conduct the study, and the contract award shall be based on a competitive bid; except that the provisions of the "Procurement Code" shall not apply to the contract.

The organization conducting the study is required to incorporate any previous studies or information gathered regarding average daily membership into the study, and the staff of the school finance unit of the department is required to oversee the study. When the department receives the necessary funding to contract for the study, the department is required to notify the general assembly.

A 17-member advisory committee (committee) will be appointed to work with the organization that conducts the study. The organization and the committee are directed to focus on certain areas regarding alternative count-date mechanisms in conducting the study. The organization is charged with providing staff support and administrative services to the committee.

The department is required to submit a report to the general assembly, the office of the governor, and the state board of education no later than December 15, 2010.

The use of state moneys for the purposes of conducting the average daily membership study is prohibited, but the department is authorized to receive gifts, grants, and donations to use in conducting the study. The average daily membership study fund is created in the state treasury and, any gifts, grants, or donations received for the study shall be deposited into the fund.

APPROVED by Governor April 21, 2010
EFFECTIVE April 21, 2010

S.B. 10-18 Education accountability - school awards program. The department of education is authorized to accept gifts, grants, and donations for the school awards program fund to pay for banners and trophies for schools that are identified as eligible to receive awards under the Colorado school awards program.

APPROVED by Governor March 29, 2010
EFFECTIVE March 29, 2010

S.B. 10-36 Educator preparation programs - report - rules. Beginning July 1, 2011, the act requires the department of education (department) to prepare an annual report on educator preparation program effectiveness using data collected through the educator identifier system from an educator in his or her first 3 years of placement as a teacher of record. The department shall make the report available to the public on its web site and to educator preparation programs. The state board of education (state board) will promulgate rules regarding the methods of data collection and the content of the report. The state board is further required to use the report in its review of educator preparation programs.

The act creates the state preparation and readiness of educators program fund for use by the department in implementing the provisions of the act, and specifies that the department is not required to implement the act until it receives sufficient moneys to do so.

APPROVED by Governor January 15, 2010
EFFECTIVE January 15, 2010

S.B. 10-54 School districts - juveniles held in jail - educational services - appropriation. The act requires a school district to provide educational services for up to 4 hours per week during the school year to a juvenile who is held, pending trial as an adult, in a jail located within the school district. The school district is also required to comply with the federal "Individuals with Disabilities Education Act" if the juvenile has a disability. A school district is not required to provide educational services to a juvenile who has already graduated from high school or to a student who has received a GED, unless the student has a disability. A school district also does not have to provide educational services if:

• The juvenile refuses to receive the services, but the official in charge of the jail (official) must offer the services at least weekly and the school district must provide them upon the juvenile's acceptance;

• The school district or the official determines that an appropriate and safe environment in which to provide the educational services is not available. If this occurs, the official must notify the juvenile's parents, his or her attorney, and the court; or

• The juvenile is violent toward or physically injures a school district employee or contractor who is providing educational services. If this occurs, the official must notify the juvenile's parents, his or her attorney, and the court.

The school district that provides the educational services may include the juvenile in its pupil enrollment if the school district is providing the services as of October 1 or may seek reimbursement from another school district or charter school if the juvenile was included in the other district's or charter school's pupil enrollment for the applicable budget year. If the juvenile was not included in the state's pupil enrollment, the school district may seek reimbursement from the department of education. The school district that provides services will also receive an amount equal to the daily rate established for approved facility schools multiplied by the number of weekdays during the period in which the juvenile is held and receiving services. The school district may also seek excess costs tuition from the juvenile's school district of residence if the juvenile is receiving special education services. The moneys to pay the per pupil amount for juveniles who are not included in pupil enrollment and to pay the daily-rate reimbursement for the 2010-11 fiscal year are appropriated from the read-to-achieve fund.

The official that receives a juvenile for holding pending trial as an adult must request educational services from the school district in which the jail is located and cooperate with the school district to provide an appropriate and safe environment in which to provide the services. The official will annually compile specified information concerning educational services received by the juveniles in the jail and report the information to the division of criminal justice in the department of public safety. The division of criminal justice will release the information upon request by a member of the public.

In determining the appropriate placement for a juvenile offender who is charged as an adult, the juvenile justice community in the appropriate judicial district and the district attorney and defense council shall specifically consider the juvenile's educational needs.

For the 2010-11 fiscal year, the act appropriates $209,287 from the read to achieve fund to the department of education for implementation of the act.

APPROVED by Governor May 25, 2010
EFFECTIVE May 25, 2010

S.B. 10-56 Health - immunization - standardized information. The state charter school institute, each school district board of education, and the Colorado school for the deaf and the blind are required annually to provide parents and legal guardians with a standardized immunization document (document) developed and updated by the department of public health and environment. The department of public health and environment shall provide the document to the department of education, which shall post it on the department of education's web site. Each school or school district is also encouraged to post a copy of the document on its web site. The document is required to comply with existing legal exemptions to immunization.

APPROVED by Governor March 29, 2010
EFFECTIVE August 11, 2010
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 10-62 English language proficiency act - students with limited English proficiency. The act amends provisions of the education statutes to replace the term "student whose dominant language is not English" with "student with limited English proficiency".

APPROVED by Governor April 29, 2010
EFFECTIVE April 29, 2010

S.B. 10-111 State charter school institute - institute charter schools - authority to contract - study of effect of being a local education agency - school food authority account - institute charter school assistance fund - procedures. The act clarifies that a board of cooperative services (BOCES) may contract with an institute charter school to provide a building, building maintenance, or educational or other services and that an institute charter school may contract with the BOCES.

By August 15, 2010, the state charter school institute (institute) will convene a study group to study the feasibility and effect of identifying institute charter schools as local education agencies for purposes of federal law. The study group will include representatives from the department of education, school executives, school district boards of education, charter schools, teachers, and BOCES. The institute will report its findings and recommendations to the education committees of the general assembly by January 15, 2011.

The institute will create a separate account within the state charter school institute fund in which to hold any moneys received by the institute as a result of its operations as a school food authority. The moneys in the account are continuously appropriated to the institute.

The act changes the name of the "institute charter school capital construction assistance fund" to the "institute charter school assistance fund" (fund) and authorizes the state charter school institute board (board) to award from the moneys in the fund a grant or interest-free loan to an institute charter school to address a facility or special education services funding emergency, as defined by rule of the board. In any budget year in which the total amount appropriated for total program funding is reduced, the act suspends the requirement that the board withhold and credit to the fund 1% of the moneys payable to institute charter schools.

Under prior law, the institute was required to collect from institute charter schools 3 times per year specified data concerning students enrolled in the schools. Under the act, the institute will collect the information once during the first academic year of operation for institute charter schools authorized on or after July 1, 2010.

The board now has 75 days, rather than 60, to rule on an institute charter school application. The institute board is required to meet at least once each year with the school accountability committees of the institute charter schools to discuss accountability and accreditation of institute charter schools. The institute may no longer opt out of the state procurement code.

APPROVED by Governor April 29, 2010
EFFECTIVE August 11, 2010
NOTE: (1) This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.
(2) Makes certain provisions contingent on House Bill 10-1369 being enacted and becoming law. House Bill 10-1369 was signed by the governor May 21, 2010.

S.B. 10-150 State public school lands - transfer moneys to state public school fund - budget package act. For the 2010-11 state fiscal year, the act transfers to the state public school fund, instead of the 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 April 15, 2010
EFFECTIVE April 15, 2010

S.B. 10-151 Compensatory education - Colorado comprehensive health education act. The Colorado comprehensive health education fund is repealed.

APPROVED by Governor April 15, 2010
PORTIONS EFFECTIVE April 15, 2010
PORTIONS EFFECTIVE July 1, 2010

S.B. 10-154 Alternative education campuses - designation. The act amends the criteria that a public school must meet to be designated as an alternative education campus to include schools that serve a population in which more than 95% of the students have either an individual education plan or meet the definition of a high-risk student.

The act expands the definition of "high-risk student" to include a migrant child, a homeless child, and a child with a documented history of serious psychiatric or behavioral disorders.

APPROVED by Governor April 21, 2010
EFFECTIVE April 21, 2010

S.B. 10-161 Charter schools - contracts with boards of cooperative services - federal grant applications - charter school collaboratives - appropriation. The act authorizes charter schools and boards of cooperative services to contract for buildings and services. If a district or institute charter school chooses to apply for a grant through a nonformulaic, competitive federal grant program, the state charter school institute (institute) may act as the local education agency and fiscal agent for the charter school for purposes of the grant, but this authority does not apply to any grants available under the federal "Individuals with Disabilities Act" or the federal "Elementary and Secondary Education Act of 1965". The institute may charge the charter school a fee to act as the local education agency and fiscal agent for this purpose.

The act authorizes charter schools to form charter school collaboratives to perform any function appropriately performed by a charter school. A charter school need not obtain the approval of its authorizer to participate in a charter school collaborative. A charter school collaborative will operate as a separate, independent legal entity that is subject to the open meetings law and to all statutes regulating charter schools as public entities. The department of education may charge a fee to a charter school collaborative to offset the direct costs incurred by the department in collecting data from and otherwise regulating the charter school collaborative.

The act appropriates 1.0 FTE to the institute, which FTE will be paid for from fees collected by the institute in exchange for acting as a local education agency and fiscal agent for a charter school for purposes of applying for a federal grant.

APPROVED by Governor May 21, 2010
EFFECTIVE August 11, 2010
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 10-191 Teachers - licensed personnel evaluation system - employment - contracts - probationary and nonprobationary status. The act creates a strategy based on educator effectiveness to develop greater opportunities for educators and enhance education for students throughout Colorado. The state board of education (state board) is required to work with the state council for educator effectiveness (council) to promulgate rules concerning a system to evaluate the effectiveness of educators (system). In promulgating the rules, the state board is required to conform to a timeline established by statute and listed below. The general assembly is then tasked with reviewing the rules in a bill separate from the annual rule review bill and may repeal individual rules in that bill.

The state licensed personnel performance evaluation council is repealed.

The governor's council for educator effectiveness, created by executive order, is codified as the council. Additional duties are listed for the council. Among those duties are developing, on or before March 1, 2011, recommendations for the state board regarding teacher and principal evaluations and granting and revoking nonprobationary status. The council is also charged with accomplishing and making appropriate recommendations to the state board on or before March 1, 2011, for the following:

• Guidelines for establishing performance standards for different categories of educators;

• The implementation and testing of the system, including a cost analysis study;

• The involvement of parents in a child's education as it relates to teacher effectiveness;

• Statewide definitions of principal and teacher effectiveness, to be centered on a demonstrated ability to achieve and sustain adequate student academic growth;

• Measuring effectiveness through a set of quality standards;

• The use of evaluation data for decisions in the areas of compensation, promotion, retention, removal, and professional development; and

• A process by which a nonprobationary teacher may appeal ratings of ineffectiveness.

The recommendations of the council to the state board shall reflect a consensus vote, and, for any issue on which the council was unable to reach consensus, the council shall provide to the state board the reasons it was unable to reach consensus.

On or before September 1, 2011, the state board shall promulgate rules addressing each of the council's duties and recommendations. If the council fails to make recommendations to the state board by March 1, 2011, the state board shall promulgate, on or before September 1, 2011, rules concerning any of the items with which the council was charged to make recommendations.

In promulgating rules, the state board shall adhere to the following timeline:

• 2011-12 school year: The department of education (department) will work with school districts and boards of cooperative services to assist with development of evaluation systems based on quality standards;

• On or before January 15, 2012: The state board shall provide to the general assembly the rules promulgated based on the council's recommendations;

• 2012-13 school year: Initial implementation and testing of the system per the council's recommendations;

• 2013-14 school year: Statewide implementation of the system per the council's recommendations. Demonstrated effectiveness shall begin to be considered in the acquisition of probationary or nonprobationary status;

• 2014-15 school year: Statewide implementation of the system shall be finalized, and demonstrated effectiveness shall begin to be considered in the acquisition or loss of probationary or nonprobationary status.

On or before November 1, 2011, the department shall create and make available to school districts and boards of cooperative services a resource bank of assessments and tools to assist in developing local-level evaluation systems that meet the provisions of the system.

The department shall not be obligated to implement the act until sufficient funds have been obtained through federal grants. The great teachers and leaders fund is created and authorizes the department to accept federal grants for the purposes of implementing the provisions of the act. The act allows for moneys to be transferred out of the contingency reserve fund or state education fund in fiscal years 2010-11 and 2011-12 if $250,000 has not been credited to the great teachers and leaders fund through federal grants on or before September 30, 2010.

A school district board of education or board of cooperative services is required to meet or exceed the guidelines established by the state board when creating its performance evaluation system. Upon the adoption of the system based on quality standards, one of the standards for measuring effectiveness shall be directly related to classroom instruction and shall require that at least 50% of a teacher's evaluation be determined by the academic growth of the teacher's students. The district accountability committee shall provide input and recommendations concerning the assessment tools used to measure student academic growth as it relates to teacher evaluations. For the purposes of measuring effectiveness, expectations of student academic growth shall take into account diverse factors, including but not limited to special education, student mobility, and classrooms with a student population in which 95% of the students meet the definition of high-risk student. Standards are provided for a school district board of education to use when evaluating principals.

Teachers and principals whose performance has been deemed ineffective shall be provided with a remediation plan that includes professional development opportunities that are intended to help the teacher or principal achieve an effective rating in his or her next performance evaluation.

The act includes an appeal process for nonprobationary teachers who object to a rating of ineffectiveness. At a minimum, a nonprobationary teacher may appeal his or her rating to the superintendent or his or her designee. If there is no collective bargaining agreement in place, following the ruling of the superintendent or his or her designee, the appealing teacher may request a review by a mutually agreed-upon third party, who shall review whether the decision was arbitrary and capricious. The decision of the third party shall be binding on both parties. If there is a collective bargaining agreement in place, either party may choose to opt into this process.

School district accountability committees are given the additional duty of providing input and recommendations concerning the development and use of assessment tools for teacher evaluations. School accountability committees are given the additional duty of providing input and recommendations to district accountability committees concerning principal evaluations and professional development plans.

Probationary teacher is redefined as a teacher who has not completed 3 consecutive years of demonstrated effectiveness or a nonprobationary teacher who has had 2 consecutive years of demonstrated ineffectiveness, as defined by rule of the state board.

The act requires teacher placement by mutual consent of the teacher and the principal of the receiving school and with input from at least 2 teachers employed at the school. Each teacher employment contract shall contain a provision stating that the teacher may be assigned to a particular school only upon the consent of the receiving school. If a teacher is unable to secure a position after 2 hiring cycles, he or she will be placed on unpaid leave without benefits until he or she earns a position, at which time his or her benefits and years of experience will be reinstated. Any active nonprobationary teacher who was deemed effective during the prior school year and has not secured a mutual consent placement shall be a member of a priority hiring pool. If a nonprobationary teacher is unable to secure a mutual consent assignment after 12 months or 2 hiring cycles, whichever is longer, the school district shall place the teacher on unpaid leave until the teacher is able to secure an assignment. If the teacher secures an assignment, the school district shall reinstate the teacher's salary and benefits at the level they would have been if the teacher had not been placed on unpaid leave. The provisions concerning mutual consent placement may be waived in whole or in part for a renewable 4-year period by the state board in certain situations.

Beginning February 15, 2012, probationary and nonprobationary status and demonstrated effectiveness are allowed to be factors in cancelling employment contracts when there is a justifiable decrease in the number of teaching positions.

There will be a gradual phase-in of the system by providing an employing school district, beginning in the 2010-11 school year, with the option to renew a teacher's contract on either a probationary or nonprobationary status or not to renew the contract of a probationary teacher who has completed his or her third year of employment.

A probationary teacher who is deemed to be performing satisfactorily in the school years 2010-11 through 2013-14 shall be considered to have performed effectively during the same school years. Beginning with the 2014-15 school year, a nonprobationary teacher with effective ratings who becomes employed by a different school district may provide to the hiring school district evidence of his or her effectiveness and student academic growth data for the purposes of retaining nonprobationary status.

APPROVED by Governor May 20, 2010
EFFECTIVE May 20, 2010

S.B. 10-205 Bonded indebtedness elections - additional purpose - costs paid from the general fund - cash flow deficit restricted reserve. A school district may ask its eligible electors for permission to issue bonded indebtedness to pay the costs that may be paid from the district's general fund, but only if Amendment 61, concerning state and local debt limitations, is adopted by the voters at the November 2010 general election and the eligible electors of the district approve a question to create debt for such purpose at the November 2010 general election or a subsequent election.

Any board of education (board) of a district that issues bonded indebtedness for the purpose of paying the costs that may be paid from the district's general fund shall deposit any moneys from such bonded indebtedness into a cash flow deficit restricted reserve in the general fund of the district. The board is authorized to expend the moneys deposited in the reserve only for the purpose of alleviating the district's annual temporary cash flow deficit and shall repay, from the property tax revenues of the district, the total amount expended from the reserve in any fiscal year on or before June 30 of the applicable fiscal year. A board may request from the department of education a waiver that would allow repayment of the reserve on or before June 30 of the fiscal year following the fiscal year in which the board expended moneys from the reserve. If a district no longer experiences an annual temporary cash flow deficit, the district is required to use the moneys in the reserve to repay outstanding bonded indebtedness.

The state treasurer is exempt from the requirement to make a payment of principal or interest on behalf of the school district on bonds issued for the purpose of paying the costs that may be paid from the district's general fund.

APPROVED by Governor May 27, 2010
EFFECTIVE May 27, 2010

H.B. 10-1013 Department of education - public schools - administration - modifications. Each school district will provide funding for capital construction to each qualified charter school in the district by making a monthly payment to the qualified charter school after the school district has received the monthly payment from the department of education (department). The department will provide funding for capital construction to the state charter school institute by making a monthly payment to the institute. The institute will then promptly remit the appropriate amount to each qualified institute charter school.

A school district board of education (local board) no longer has the authority to negotiate business incentive agreements (BIAs) with a taxpayer who establishes a new business facility in the school district. A school district that has entered into a BIA with a taxpayer is no longer allowed to receive state share of total program funding in an amount equal to the amount of the incentive payment or credit to the taxpayer pursuant to the agreement.

A local board that has received approval at an election to issue bonds may at another election submit the question of issuing the bonds at a higher principal amount or higher repayment cost than approved at the original election, rather than the question of issuing the bonds at a higher net effective interest rate or longer period than the maximum period of maturity approved at the original election.

In the 2009-10 budget year and budget years thereafter, a local board may transfer any unrestricted moneys into or out of the capital reserve fund and the district's risk management fund or account and may transfer moneys from the district's general fund or any other fund to the capital reserve fund or the risk management fund or account.

The budget for each school district must now include a uniform summary sheet for each fund administered by the district that includes the beginning fund balance for the budget year, the anticipated fund revenues, transfers, and expenditures for the budget year, and the amount of reserves in the fund.

The department may grant provisional authorization as a school food authority to a charter school until the charter school has met certain criteria, at which point the department may grant the charter school full authorization as a school food authority. The department may grant provisional authorization to up to 6 charter schools and is no longer limited to 4. In addition, the provisional authorizations are not repealed in July 2010.

A district is no longer required to notify the state board of education (state board) or submit a proposal of what the district will do with additional property tax revenue when the district plans to seek voter approval to retain and spend property tax revenue in an amount equal to 25% of the district's total program.

For the 2010-11 budget year, the department will pay in installments to each district the amount of the state's share of the district's total program for the budget year and shall pay in installments to the state charter school institute the total amount withheld from any accounting district. The department shall determine the timing and amount of each installment payment. The department shall resume normal payments to districts and to the state charter school institute if Amendment 61 does not pass at the November 2010 general election.

A school food authority may use the matching fund moneys that it receives from the general assembly to subsidize school lunches in lieu of using moneys from the authority's general fund.

The reporting requirements and additional responsibilities for districts and the department in connection with military dependant supplemental pupil enrollment aid are required only in a budget year in which the department requests an appropriation to fund military dependant supplemental pupil enrollment aid and the general assembly makes an appropriation for such purpose.

Language applicable to a prior distribution of charter school capital construction moneys to a charter school for the deaf and blind is repealed.

The deadlines by which the state board is to complete the following actions are extended: Adopt guidelines for the establishment of high school graduation requirements; review the school readiness description and adopt any appropriate revisions; review and adopt any appropriate revisions to the preschool through elementary and secondary education standards and assessments; adopt and review one or more postsecondary and workforce planning, preparation, and readiness assessments; and adopt and revise criteria that a local school board, board of cooperative services, or institute charter high school may apply to endorse high school diplomas to indicate that students have achieved postsecondary and workforce readiness. In addition, the dates by which the state board and local education providers are required to take other actions in connection with such guidelines and assessments are extended.

References in statute to "per pupil operating revenues" are eliminated as they are no longer relevant.

APPROVED by Governor June 10, 2010
EFFECTIVE June 10, 2010

H.B. 10-1030 Early childhood educator scholarship program - creation - scholarships for early childhood degrees - automatic repeal if no funding. Subject to the receipt of sufficient federal moneys or gifts, grants, or donations, the act creates the early childhood educator development scholarship program (program) in the department of education (department). The program will provide scholarships to persons who are employed in early childhood development and are pursuing an associate of arts degree in early childhood education. The department will administer the program and develop rules, in collaboration with the department of human services, the community college system, and the office of information technology, for application to the program, the selection of recipients, and the amount of awards. The resources for the early childhood educator development scholarship fund will come from the federal moneys and gifts, grants, and donations. The department will provide all recipients with a unique educator identifier.

If the department does not receive the necessary funding for the program, the act automatically repeals upon notice to the revisor of statutes.

APPROVED by Governor April 15, 2010
EFFECTIVE August 11, 2010
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 10-1034 Colorado educator licensing act - authorizations - speech-language pathology assistant. The act allows the department of education to issue an emergency authorization to a school speech-language pathology assistant (SLP assistant) who has not yet met the statutory requirements for a school SLP assistant authorization. For the purpose of authorizing an SLP assistant, a nationally certified speech-language pathologist may supervise an SLP assistant candidate's completion of at least 100 clock hours of a school-based practicum electronically via remote interactive technology. The state board of education is required to promulgate rules establishing a minimum number of credits of course work in speech, language, and hearing sciences that a person with a bachelor's degree must complete to receive an emergency authorization as an SLP assistant.

APPROVED by Governor April 15, 2010
EFFECTIVE August 11, 2010
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 10-1036 Public school financial reporting - public, on-line access to school budgets, credit and debit card statements, and investment performance reports. The act enacts the "Public School Financial Transparency Act", which requires school districts, district charter schools, boards of cooperative services, the state charter school institute, and institute charter schools (local education providers) to post financial information on-line, in a downloadable format, for free public access. Additionally, local education providers shall provide a link to, or web site information for, the department of education (department).

The requirement for posting certain types of financial information is phased-in over 3 years. Commencing July 1, 2010, local education providers shall post adopted budgets, annual audited financial statements, at least quarterly financial statements, and salary schedules or policies on-line within 60 days after the reports or schedules are completed. Commencing July 1, 2011, local education providers shall post accounts payable check registers and credit, debit, and purchase card statements on-line within 60 days after the statements are received. However, a local education provider shall not be required to post personal information relating to payroll, including but not limited to payroll deductions or contributions, or any other information that is confidential or protected from disclosure pursuant to state or federal law. Commencing July 1, 2012, local education providers shall post investment performance reports or statements on-line within 60 days after receipt of those statements. The local education provider will maintain public on-line access to the prior 2 budget year's financial information until the end of the current budget year.

By July 1, 2010, the department's policies and procedures advisory committee (committee) shall create a template for voluntary use by a local education provider for the posting of the required information. The template may include the type of electronic file posted as well as the information to be included in the posting. The committee may take into consideration any existing templates or reports developed by the department for financial reporting.

The act also expands the period of time within which a school district board of education must post collective bargaining agreements on-line from 10 working days under current law to 30 working days.

APPROVED by Governor April 12, 2010
EFFECTIVE April 12, 2010

H.B. 10-1037 Supplemental on-line education grant program - contract - removal of repeal clause. The supplemental on-line education grant program and the funding of a contract for the provision of supplemental on-line education services are continued by removing the automatic repeal date.

APPROVED by Governor March 29, 2010
EFFECTIVE March 29, 2010

H.B. 10-1064 School district boards of education - powers and duties - extracurricular and interscholastic activities. The act requires a student who is found by a school, school district, or any organization or association to be ineligible to participate in an extracurricular or interscholastic activity or who is otherwise sanctioned, to complete an appeal process before filing a petition or complaint with a group of sitting or retired judges or other group of neutral arbitrators.

APPROVED by Governor March 31, 2010
EFFECTIVE August 11, 2010
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 10-1131 Colorado kids outdoors grant program - state plan for environmental education. The act creates the Colorado kids outdoors grant program (grant program) in the department of natural resources to provide grants for programs that allow Colorado youth to participate in outdoor activities in the state, including but not limited to programs that emphasize the environment and experiential, field-based learning. The executive director of the department of natural resources (executive director) will adopt rules to implement the grant program, including criteria for selecting grant recipients. An advisory council will assist the executive director in reviewing the applications and creating the criteria. The grant program will be funded through gifts, grants, and donations, which will be deposited in the newly created Colorado kids outdoors grant program fund. The executive director may also use moneys donated for programs that provide summer jobs for youth interested in careers in natural resources to award grants to applicants whose programs meet this description. The executive director will report to certain legislative committees concerning implementation of the grant program, including the amount awarded and the activities that receive funding.

The act directs the department of education, in consultation with the department of natural resources, to create and the state board of education (state board) to adopt a state plan for environmental education (state plan). The state plan will be designed to strengthen environmental education in the state and provide to educators professional development in environmental education. The department of education and the state board will create and adopt the state plan only if the department receives gifts, grants, and donations to pay the costs of creating and adopting the plan. Any moneys received by the department of education for creating the state plan will be credited to the newly created state environmental education fund.

APPROVED by Governor May 27, 2010
EFFECTIVE May 27, 2010

H.B. 10-1171 Data reporting requirements. Current law requires the state board of education (state board) to adopt rules specifying the method for calculating the dropout rate for students enrolled in grades 7 through 12. The act repeals the requirement that the state board also calculate the number of students who obtain a high school diploma after reaching 21 years of age and repeals the specific definition of "dropout".

With regard to the "Colorado Basic Literacy Act", the act changes the reporting requirements to require school districts to report to the department of education the state-assigned student identifier for each pupil in the district who has an individual literacy plan and for each pupil for whom literacy goals are included in his or her individualized education program.

The act clarifies the circumstances under which the education data advisory committee (EDAC) may identify a data reporting request as mandatory, required to receive a benefit, or voluntary. The EDAC will review the processes and timing for collecting student demographic data and recommend to the state board procedures for efficiently updating the data as necessary.

The act repeals several data reporting requirements as follows:

• Updated versions of school district annual budgets;

• Data concerning physically, morally, and mentally defective students;

• Data from the in-home or in-school suspension grant program; and

• Data from the pilot schools for expelled students.

Institutions of higher education that report data concerning student remediation will report the data on an individual student basis as soon as practicable after the institution begins using the unique student identifiers assigned to students by the department of education.

APPROVED by Governor June 10, 2010
EFFECTIVE August 11, 2010
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 10-1183 School finance - alternative school funding models pilot program. The act creates the alternative school funding models pilot program (pilot program) to encourage school districts and charter schools to collect data that will be used to compare the effects of alternative school funding models with those of the actual school funding method. A school district or charter school that chooses to participate in the pilot program will continue to receive its actual funding as provided in the "Public School Finance Act of 1994" while participating in the pilot program. A charter school must have its authorizer's approval to participate in the pilot program. A school district or charter school that participates in the pilot program may accept gifts, grants, and donations to offset the costs incurred.

The act creates an advisory council, consisting of selected members of the general assembly, selected members of the state board of education (state board), a person with expertise in school finance, selected members representing teachers, school districts, and school executives, and the commissioner of education (commissioner). The advisory council and the commissioner will review the applications submitted by school districts and charter schools to participate in the pilot program and recommend applicants to the state board for selection. The state board will select the participants. A participating school district or charter school may request waivers of education statutes, which the state board may grant; except that the state board will not waive performance targets or statutes pertaining to licensure, evaluation, or employment of teachers. Any waivers that the state board grants will expire upon repeal of the pilot program.

A participating school district or charter school must participate in the pilot program for a minimum of 2 school years and will annually submit to the advisory council the data it collects, including identification of the funding differences the school district or charter school would experience if it were funded under an alternative school funding model. The advisory council will submit to the state board, the governor, and the general assembly an annual summary report of the data received from the pilot program participants. The advisory council may accept and expend gifts, grants, donations, and services in kind to offset the costs incurred in implementing the pilot program.

The pilot program will repeal on July 1, 2015.

APPROVED by Governor April 29, 2010
EFFECTIVE April 29, 2010

H.B. 10-1232 School vehicles - school buses - definitions. The act defines the term "school vehicle", amends the definition of "school bus", and amends certain statutory provisions that refer to "school vehicle" and "school bus" to clarify when each term applies and does not apply.

APPROVED by Governor April 28, 2010
EFFECTIVE April 28, 2010

H.B. 10-1273 Arts education - graduation guidelines - integration of arts education into standards, assessments, individual career and academic plans, dropout prevention efforts, and career and technical education. The act recognizes the importance of visual arts and performing arts in public education and encourages each public school in the state to provide visual arts and performing arts courses. Prior to adoption of the act, the state board of education (state board) was required by December 15, 2009, to adopt guidelines for graduation requirements to be used by each school district board of education. The act extends until December 15, 2011, the deadline for adopting the guidelines and instructs the state board, in formulating the guidelines, to recognize and acknowledge the importance of performing arts and visual arts education in strengthening student learning.

Prior to adoption of the act, the state board was charged with adopting rules to describe the minimum contents of each student's individual career and academic plan. Under the act, each plan must specifically include the student's progress in visual arts and performing arts classes.

The act amends several provisions of the "Preschool to Postsecondary Education Alignment Act" to specifically incorporate visual arts and performing arts education into the standards, assessments, and postsecondary and workforce readiness program that the state board and local education providers adopt.

The act also recognizes the importance of visual arts and performing arts education in preventing student dropouts and in helping local education providers re-engage students in school. Prior to adoption of the act, the office of dropout prevention and student re-engagement, in the department of education, was required to collaborate with several community organizations. The act includes private nonprofit or for-profit community arts organizations in the list of collaborative agencies. Certain local education providers are currently required to assess their practices related to student dropouts and re-engagement. The act includes policies and practices related to visual arts and performing arts education in the assessment. Those local education providers that adopt student graduation and completion plans are encouraged to include increased availability of visual arts and performing arts education in those plans. For purposes of the student re-engagement grant program, the act requires each grant application to include a description of the applicant's practices and policies concerning student participation in and the availability of visual arts and performing arts education.

The act also clarifies that career and technical education for which a school district, board of cooperative services, or charter school may receive funding includes visual arts and performing arts education.

APPROVED by Governor May 18, 2010
EFFECTIVE May 18, 2010

H.B. 10-1274 Transitions to public schools - safety - notification of risk. The act requires the department of human services (department) to provide written notification to the child welfare education liaison (liaison) of the applicable school district or institute charter school 10 calendar days prior to enrollment of a student who is transferring from a state-licensed day treatment facility, facility school, or hospital and has been determined by one of those entities or the court to present a risk to himself or herself or the community (student) within the previous 12 months. In a case where the student requires a change of public placement, the act requires the department to provide written notification to the liaison at least 5 calendar days following the student's placement.

Within the confidentiality and privacy parameters of state and federal law, the responsible county department of human services and the school district, charter school, institute charter school, or facility school shall provide information about the student to assist the receiving entity in determining an appropriate educational placement for the student and in developing a transition plan.

The department and the department of education are required to enter into a memorandum of understanding that includes, at a minimum:

• A consistent and uniform approach to sharing medical, mental health, sociological, and scholastic achievement data about students between a school district, charter school, or institute charter school and the county department of social services to better facilitate the creation of transition plans for those students and ensure the safety of the people in the school community;

• A plan for utilizing existing state and federal data and any existing information-sharing activities;

• A plan for determining accountability and collecting data concerning the implementation of notifications and invitations, the sharing of information, and the number of emergency placements that occur;

• A process for determining information sharing and collaboration for placement of students;

• Recommendations for an approach to sharing data;

• Identification of training and professional development needs associated with implementing information sharing between the entities involved; and

• Consideration of recommendations made by existing working groups or projects concerning information sharing as it relates to students transitioning back into public schools.

The state board of education may promulgate rules regarding notification and sharing of information regarding students transitioning back into public schools.

The child welfare education liaison for each school district and the state charter school institute is given the additional responsibility of being included in and participating with any interagency collaboration teams or threat assessment teams.

APPROVED by Governor May 25, 2010
EFFECTIVE May 25, 2010

H.B. 10-1318 School finance - total program funding - minimum state aid - suspension - budget package act. The requirement that each school district receive a minimum amount of state funding (minimum state aid) in each budget year, notwithstanding the state and local shares of total program funding determined through the "Public School Finance Act of 1994" (school finance act), is suspended for the 2010-11 through 2014-15 budget years. In connection with the suspension, the department of education (department) is required to submit a report to legislative committees regarding the estimated fiscal impact of the reinstatement of the minimum state aid requirement in the 2015-16 budget year.

In any year in which the amount appropriated to fund the state's share of total program of all districts, including funding for institute charter schools, is insufficient, the department will reduce each district's state aid by the district's proportionate share of the shortfall, even if the reduction results in the district receiving less than the minimum state aid amount for the applicable budget year.

In addition, when the department withholds a percentage of the total appropriation for the state's share of total program funding to pay the department's administrative costs incurred in implementing the school finance act, the department reduces each district's total program by the district's share of said percentage, even though, as a result of the reduction, the district receives less than the minimum state aid amount for the applicable budget year.

APPROVED by Governor March 22, 2010
EFFECTIVE March 22, 2010

H.B. 10-1335 Boards of cooperative services - authorization to operate as school food authorities - rules. Each board of cooperative services (BOCES) may maintain, equip, and operate a food-service facility as a school food authority. The department of education (department) will implement the BOCES healthy food grant program (program) that will: (1) Make grants available to BOCES that maintain, equip, and operate food-service facilities as school food authorities; and (2) require each BOCES that receives a grant from the program to procure and distribute to schools of its constituent school districts only food and beverages that satisfy certain nutritional standards. The act sets forth an application process for the program and permissible uses of grant moneys. The BOCES healthy food grant program cash fund (fund) is created, and the department is authorized to expend no more than 10% of the moneys appropriated to the fund to offset the direct and indirect costs incurred by the department in implementing the program.

The department will prepare and submit to the education committees of the general assembly a report that describes the activities carried out under the program and evaluates the effectiveness of the program. The state board of education will promulgate rules establishing policies and procedures for the administration of the program.

The program is repealed, effective July 1, 2015.

APPROVED by Governor May 27, 2010
EFFECTIVE August 11, 2010
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 10-1345 Charter schools - authorizers - emergency powers and duties - rules. The act allows a school district board of education or the state charter school institute that has authorized a charter school (authorizer) to request from the commissioner of education (commissioner) the power for an external entity to have control over a charter school or a charter management organization that is considered to be in an emergency situation (charter respondent). The commissioner may grant a temporary order, a preliminary order, or an order of reorganization if all parties have been given notice and an opportunity to be heard. The commissioner may appoint the authorizer or a separate entity to act as a fiduciary to take control over the operations of the school. The act outlines the powers that are permitted and prohibited under an order and details the processes for obtaining and issuing such an order. The act establishes the options available to an authorizer or entity appointed by the commissioner as a fiduciary if the authorizer or fiduciary determines that a respondent has engaged in excess benefit transactions, as defined in the act.

The state board of education is authorized to promulgate rules for the implementation of the act.

APPROVED by Governor May 21, 2010
EFFECTIVE May 21, 2010

H.B. 10-1369 School finance - base per pupil funding - district total program funding amount - state budget stabilization reduction - categorical buyout district mill levy - district mill levy override limit - funded pupil count - charter school conversion - school land trust - appropriation. Funding for public schools from kindergarten through the 12th grade, as determined by the "Public School Finance Act of 1994", is modified for the 2010-11 and 2011-12 budget years.

Statewide base per pupil funding. For the 2010-11 budget year, the statewide base per pupil funding is increased to $5,529.71 to account for a -0.6% inflation rate plus one percentage point.

State budget stabilization reduction. For the 2010-11 and 2011-12 budget years, the amount of the annual appropriation to fund the state's share of total program funding is reduced for all school districts (districts) and institute charter schools. The department of education (department) and the legislative council staff shall determine, based on budget projections, the amount of the reduction that will ensure that the total program funding amount for all districts, including the funding for institute charter schools, will not be less than $5,438,295,823 for each of the 2010-11 and 2011-12 budget years. Said amount is $260 million less than the amount of total program funding associated with the original appropriation for the state's share of total program funding for all districts and the funding for institute charter schools for the 2009-10 budget year. The department and the legislative council staff will make mid-year revisions to replace the projections with actual figures to determine the total reduction amount.

The department shall calculate and apply the state budget stabilization reduction to all districts. Specifically, the department is required to:

• Calculate a state budget stabilization factor by dividing the state budget stablilization reduction amount as determined by the department and the legislative council staff by the sum of total program funding for all districts, including institute charter schools, for the 2010-11 or 2011-12 budget year, as applicable; and

• Calculate the amount of each district's and each institute charter school's state budget stabilization reduction amount by multiplying the district's total program funding amount for the 2010-11 or 2011-12 budget year, as applicable, by the state budget stabilization factor.

Total program funding for the 2010-11 or 2011-12 budget year, as applicable, for a district that is not a categorical buyout district shall be the greater of:

• The amount of the district's total program funding as calculated before the state budget stabilization factor is applied, including any funding for institute charter schools, minus the district's state budget stabilization reduction amount; or

• The base per pupil funding amount multiplied by the district's funded pupil count.

Total program funding for the 2010-11 or 2011-12 budget year, as applicable, for a district that is a categorical buyout district shall be determined as follows:

• For any district that levies the number of mills that will generate property tax revenue in an amount equal to the district's total program, the district's total program shall be the district's total program as calculated before the state budget stabilization factor is applied. The district's total program mill levy is unaffected by the state budget stabilization reduction factor. The district shall use revenues generated by its total program mill levy to replace any categorical program support funds that the district would otherwise be eligible to receive from the state. The amount of the categorical program support funds that the district is required to replace shall not exceed an amount equal to the district's state budget stabilization reduction amount.

• For any district with a state budget stabilization reduction amount that exceeds the district's state share of total program funding, the district's total program funding amount shall be the district's total program as calculated before the state budget stabilization factor is applied minus the district's state aid. The district shall use revenues generated by its total program mill levy to replace any categorical program support funds that the district would otherwise be eligible to receive from the state. The amount of the categorical program support funds that the district is required to replace shall not exceed an amount equal to the remainder of the district's state budget stabilization reduction amount after subtracting the district's state aid.

The department shall use the amount of categorical program support funds replaced by property tax revenue to make payments of categorical support funds to eligible districts.

The department will also apply the state budget stabilization factor to a district's on-line funding and a district's accelerating students through concurrent enrollment (ASCENT) program funding.

District's mill levy override limit. For the purpose of determining the maximum amount of additional local property tax revenues that a district may receive, a district's total program shall be the district's total program as calculated before the state budget stabilization factor is applied.

Charter school conversion. For the 2010-11 budget year and each budget year thereafter, for the purposes of determining a district's funded pupil count, a district's pupil enrollment for the applicable budget year and any preceding budget year shall not include any pupil who is or was enrolled in a district charter school that was subsequently converted, on or after July 1, 2010, to an institute charter school or a charter school of another district.

School land trust. The annual transfer of $11 million into the state public school fund to be used for school finance purposes shall be made from the interest or income earned on the public school fund rather than from the land earnings.

Appropriation. For the 2010-11 fiscal year, the appropriations made in the annual general appropriation act to the department of education are adjusted as follows:

• The cash funds appropriation for management and administration, reprinting and distributing laws concerning education, is decreased by $35,480. Said sum shall be from rental income earned on public school lands that is credited to the state public school fund. The same appropriation is increased by $35,480 from interest or income earned on the investment of the moneys in the public school fund that is credited to the state public school fund.

• The general fund appropriation for public school finance, state share of districts' total program funding, is decreased by $363,476,454.

• The cash funds appropriation for public school finance, state share of districts' total program funding, is decreased by $8,491,876 payable from rental income earned on public school lands that is credited to the state public school fund. The same appropriation is increased by $8,491,876. Said sum shall be from interest or income earned on the investment of the moneys in the public school fund that is credited to the state public school fund.

• The cash funds appropriation for public school finance, hold-harmless full-day kindergarten funding, is decreased by $487,964. Said sum shall be from the state education fund.

• The cash funds appropriation for grant programs, distributions, and other assistance, state match for school lunch program, is decreased by $2,472,644. Said sum shall be from rental income earned on public school lands that is credited to the state public school fund. The same appropriation is increased by $2,472,644 payable from interest or income earned on the investment of the moneys in the public school fund that is credited to the state public school fund.

• The cash funds appropriation for grant programs, distributions, and other assistance, facility school funding, is decreased by $1,120,923. Said sum shall be from the state education fund.

• The general fund appropriation for the Colorado school for the deaf and the blind, school operations, is increased by $85,334.

• The appropriation for the Colorado school for the deaf and the blind, school operations, is decreased by $85,334. Said sum shall be from reappropriated funds transferred from the annual appropriation for facility school funding.

For the 2010-11 fiscal year, the appropriations made in the annual general appropriation act to the department of human services are adjusted as follows:

• The general fund appropriation for mental health and alcohol and drug abuse services, mental health institutes, educational programs, is increased by $13,439.

• The appropriation for mental health and alcohol and drug abuse services, mental health institutes, educational programs, is decreased by $13,439. Said sum shall be from reappropriated funds transferred from the annual appropriation to the department of education for facility school funding.

APPROVED by Governor May 21, 2010
EFFECTIVE May 21, 2010

H.B. 10-1412 Charter schools - charter school and charter authorizer standards review committee. The act creates the charter school and charter authorizer standards review committee (committee), which is charged with making recommendations to the state board of education (state board) and the education committees of the house of representatives and the senate concerning standards for charter schools and charter school authorizers. The act creates the 13-member committee with specific appointments reflecting charter school and school district interests and expertise. The act sets forth procedures for the committee and outlines the areas in which the committee is required to make recommendations. After receiving the committee's recommendations, the state board is required to adopt by rule, on or before January 15, 2012, standards for charter schools and charter school authorizers based on those recommendations. The committee is repealed, effective August 30, 2011.

APPROVED by Governor May 21, 2010
EFFECTIVE May 21, 2010

 


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


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