Source: L. 2015: Entire section added, (SB 15-267), ch. 295, p. 1203, � 6, effective June 5. L. 2025: Entire section repealed, (HB 25-1320), ch. 236, p. 1159, � 9, effective May 23.
Cross references: For the legislative declaration in HB 25-1320, see section 1 of chapter 236, Session Laws of Colorado 2025.
22-54-137. Additional funding - small rural districts - eligible charter schools - definitions - repeal. (Repealed)
Source: L. 2015: Entire section added, (HB 15-1321), ch. 217, p. 800, � 10, effective May 22.
Editor's note: Subsection (5) provided for the repeal of this section, effective July 1, 2016. (See L. 2015, p. 800.)
22-54-138. Career development success program - created - funding - report - legislative declaration - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) Charter school means a charter school that enrolls pupils in any of grades nine through twelve and is authorized as a district charter school pursuant to part 1 of article 30.5 of this title or as an institute charter school pursuant to part 5 of article 30.5 of this title.
(b) Construction industry apprenticeship program means an apprenticeship program registered with the office of apprenticeship in the United States department of labor or a state apprenticeship agency recognized by the United States department of labor that trains individuals for careers in the construction industry.
(c) Construction industry pre-apprenticeship program means a program or set of strategies that:
(I) Is designed to prepare individuals for careers in the construction industry by facilitating the entry of individuals into a registered construction industry apprenticeship program;
(II) Has a documented relationship with at least one apprenticeship program registered with the office of apprenticeship in the United States department of labor or a state apprenticeship agency recognized by the United States department of labor; and
(III) Meets the quality pre-apprenticeship program standards maintained by the employment and training administration of the United States department of labor.
(d) Institute means the state charter school institute established in section 22-30.5-503.
(e) Nonparticipating district means a district that chooses not to participate in the career development success program created in this section but that is the authorizer for a participating district charter school.
(e.5) Participating board of cooperative services means a board of cooperative services created and operating pursuant to article 5 of this title 22 that chooses to participate in the career development success program created in this section.
(f) Participating charter school means a charter school that chooses to participate in the career development success program created in this section.
(g) Participating district means a district that chooses to participate in the career development success program created in this section.
(h) Qualified advanced placement course means a course in computer science that delivers a college-level curriculum and awards postsecondary course credit for pupils who achieve specified scores on the end-of-course examination.
(i) Qualified industry-credential program means a career and technical education program that:
(I) Upon completion, results in an industry-recognized credential with labor market value aligned with a high-skill, high-wage, in-demand occupation, as defined by Colorado's state plan for the federal Strengthening Career and Technical Education for the 21st Century Act (Perkins V), Pub.L. 115-224;
(II) Upon completion, results in credits that apply to graduation from a school district, district charter school, or institute charter school, which credits may be earned through concurrent enrollment as provided in article 35 of this title 22; and
(III) Is identified by the Colorado work force development council as provided in subsection (3) of this section; or
(IV) A construction industry apprenticeship program, a construction industry pre-apprenticeship program, or any other industry apprenticeship or pre-apprenticeship program that is identified by the Colorado work force development council as provided in subsection (3) of this section.
(j) Qualified workplace training program means an internship program.
(k) Repealed.
(l) Work force development council or council means the state work force development council created in section 24-46.3-101, C.R.S.
(2) There is created the career development success program in the department of education to provide financial incentives for participating districts, a participating board of cooperative services, and participating charter schools to encourage pupils enrolled in grades nine through twelve to enroll in and successfully complete qualified industry-credential programs; qualified workplace training programs; and qualified advanced placement courses. For the 2017-18 budget year through the 2025-26 budget year, each participating district, each participating board of cooperative services, and each participating charter school, as provided in subsection (5) of this section, may receive up to one thousand dollars for each pupil who, in the preceding budget year, successfully completes a qualified industry-credential program; qualified workplace training program; or qualified advanced placement course.
(2.5) (a) The general assembly finds and declares that:
(I) On March 11, 2021, the federal government enacted the American Rescue Plan Act of 2021 (ARPA), Pub.L. 117-2, as the act may be subsequently amended, pursuant to which Colorado will receive $3,828,761,790 from the federal coronavirus state fiscal recovery fund to be used for certain specified purposes, including to respond to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19) or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality;
(II) Under the authority granted pursuant to section 602 (f) of the ARPA, the secretary of the United States treasury adopted regulations providing further guidance to states regarding the authorized uses of the money allocated to states from the federal coronavirus state fiscal recovery fund to respond to the public health emergency or its negative economic impacts, which include:
(A) Providing assistance to unemployed workers, including job training for individuals who want to and are available for work;
(B) Providing aid to impacted industries to respond to the negative economic impacts of the COVID-19 public health emergency; and
(C) Providing programs, services, or other assistance for populations disproportionately impacted by the COVID-19 public health emergency, such as programs or services that address or mitigate the impacts of the public health emergency on education;
(III) Colorado's recovery from the COVID-19 public health emergency requires programs that support a skilled workforce and that mitigate the long-term, negative impacts on educational and economic outcomes for students;
(IV) Students from low-income communities, students from communities of color, and first-generation students face increased challenges due to the COVID-19 pandemic and the loss of student and household income and disrupted learning; and
(V) By incentivizing school districts and charter schools to increase the participation of students in qualified industry-credential programs, qualified internships, residency, construction-industry pre-apprenticeship or apprenticeship programs, and advanced placement programs for college credit, school districts and charter schools help mitigate the long-term, negative impacts from the COVID-19 public health emergency on educational and economic outcomes for students from low-income communities, students from communities of color, and first-generation students.
(b) Therefore, the general assembly declares that appropriating a portion of the federal money for the career development success program created in this section will provide the kind of assistance for which Colorado will receive money from the federal coronavirus state fiscal recovery fund and therefore is an appropriate and lawful use of the money transferred to Colorado under the American Rescue Plan Act of 2021.
(c) This subsection (2.5) is repealed, effective July 1, 2026.
(3) (a) On or before August 15, 2016, and on or before July 1 each year thereafter through July 1, 2025, the work force development council, in collaboration with the department of higher education, the department of education, the department of labor and employment, the Colorado community college system, and the Colorado office of economic development, shall publish on the council's website a list of the qualified industry-credential programs and qualified workplace training programs that meet the quality standards required pursuant to section 23-5-145.8 (2)(c) for that school year. At least annually, the council and its partners shall identify and review the qualified industry-credential programs and qualified workplace training programs by identifying the jobs included in the Colorado talent report, prepared pursuant to section 24-46.3-103, with the greatest regional and state demand, including high-skill, high-wage jobs in in-demand industries, and, after consultation with relevant industries, identifying the programs that have labor market value and are likely to lead to the identified jobs. Any programs that the council determines do not demonstrate labor market value may be removed from the council's website.
(b) The work force development council may identify an internship as a qualified internship program only if, in addition to meeting the requirements specified in paragraph (a) of this subsection (3), the council finds that the internship:
(I) Is aligned with a postsecondary education or employment opportunity;
(II) Employs a sufficient number of internship case managers to monitor student participation in the internship;
(III) Provides students with pre-internship training or course work that is designed to prepare the students for the internship; and
(IV) Implements adequate safety and supervisory safeguards for the students participating in the internship.
(3.5) (a) For the 2022-23 school year through the 2025-26 school year, the department of education, in coordination with the department of labor and employment, the department of higher education, the Colorado community college system, and employers from in-demand industries, shall identify the top ten industry-recognized credentials, each of which must at a minimum meet the requirements specified in subsection (3.5)(b) of this section. For each of the identified credentials, the department of education shall identify the state content standards that align with the courses required to obtain the credential and post on the department's website an explanation of the standards and course alignments for each credential.
(b) To be identified as one of the top ten industry-recognized credentials pursuant to subsection (3)(a) of this section:
(I) A credential must be associated with one of the in-demand industries identified by the Colorado talent report, prepared pursuant to section 24-46.3-103 (3) for the applicable year, and Colorado's state plan for the federal Strengthening Career and Technical Education for the 21st Century Act (Perkins V), Pub.L. 115-224;
(II) A high-school level career pathway must have been created for the credential or high schools must have the ability to offer the credential; and
(III) The credential pathway must include concurrent enrollment courses, as provided in the concurrent enrollment programs act, article 35 of this title 22, and be likely to lead to a postsecondary degree and to jobs in high-skill, high-wage, in-demand industries.
(4) (a) Each district, each board of cooperative services, and each charter school may decide annually whether to participate in the career development success program. If a district chooses not to participate in the program but a charter school that is authorized by the district chooses to participate in the program, the nonparticipating district shall report the participating charter school pupil enrollments to the department of education as provided in this subsection (4) on behalf of the participating charter school and distribute to the participating charter school one hundred percent of the money received on behalf of the pupils enrolled in the participating charter school as provided in subsection (5) of this section.
(b) By June 30, 2017, and by June 30 each year thereafter through June 30, 2025, each participating district, each nonparticipating district on behalf of its participating charter schools, each participating board of cooperative services, and the institute on behalf of each participating institute charter school shall report to the department of education the total number of pupils enrolled in the participating district, the participating charter schools of the nonparticipating district, the participating board of cooperative services, or the participating institute charter schools who, during the school year that ends on that June 30:
(I) Successfully earned an industry certificate by completing a qualified industry-credential program;
(II) Successfully completed a qualified workplace training program; or
(III) Completed a qualified advanced placement course and earned a score on the end-of-course exam that is eligible for college credit.
(b.5) Each participating district, each nonparticipating district on behalf of its participating charter schools, each participating board of cooperative services, and the institute on behalf of each participating institute charter school, in addition to reporting the totals, shall disaggregate, to the extent possible while maintaining student privacy, the information reported pursuant to subsection (4)(b) of this section by the students' race, ethnicity, and gender, and whether a student is a student with a disability, an English language learner, or identified as at-risk due to economic disadvantage in the state school finance formula.
(c) Each qualified internship program and non-registered apprenticeship program shall determine whether a pupil successfully completes the program.
(d) Repealed.
(e) A pupil may be reported as successfully completing a qualified industry apprenticeship if the pupil is accepted as a registered apprentice in an industry apprenticeship program and employed in the industry.
(5) (a) For the 2025-26 budget year, the general assembly shall appropriate five million dollars to the department of education for the career development success program. For the 2025-26 budget year, of the five million dollars for the career development success program, the department may expend an amount that is necessary to offset the direct and indirect costs incurred in administering postsecondary and workforce readiness start-up funding pursuant to section 22-54-203. The department shall distribute the money as provided in this subsection (5).
(b) (I) For each budget year, the department of education shall first distribute to each district, each board of cooperative services, and to the institute an amount equal to one thousand dollars multiplied by the number of pupils reported by the district, the board of cooperative services, or the institute as successfully earning an industry certificate by completing a qualified industry-credential program; except that a participating district, participating board of cooperative services, or participating charter school shall not receive a distribution for more than ten percent of the total number of completed industry certificates reported by districts and the institute.
(II) Notwithstanding the provisions of subsection (5)(b)(I) of this section, if the amount appropriated is insufficient to fully fund the total number of completed industry certificates eligible for distribution under subsection (5)(b)(I) of this section, the department of education shall reduce the amount distributed to each district, each board of cooperative services, and to the institute by the same percentage that the deficit bears to the amount required to fully fund the total number of completed industry certificates eligible for distribution under subsection (5)(b)(I) of this section.
(c) In a budget year in which there is money remaining in the appropriation made pursuant to subsection (5)(a) of this section after distributing the money as provided in subsection (5)(b) of this section, the department of education shall distribute to each district, each board of cooperative services, and to the institute an amount equal to one thousand dollars multiplied by the number of pupils reported by the district or the institute as successfully completing a qualified workplace training program; except that, if the amount remaining is insufficient to fully fund the total number of reported pupils, the department of education shall reduce the amount distributed to each district, each board of cooperative services, and to the institute by the same percentage that the deficit bears to the amount required to fully fund the total number of pupils reported as successfully completing a qualified workplace training program.
(d) In a budget year in which there is money remaining in the appropriation made pursuant to subsection (5)(a) of this section after distributing the money as provided in subsections (5)(b) and (5)(c) of this section, the department of education shall distribute to each district, each board of cooperative services, and to the institute an amount equal to one thousand dollars multiplied by the number of pupils reported by the district, the board of cooperative services, or the institute as successfully completing a qualified advanced placement course; except that, if the amount remaining is insufficient to fully fund the total number of reported pupils, the department of education shall reduce the amount distributed to each district, each board of cooperative services, and to the institute by the same percentage that the deficit bears to the amount required to fully fund the total number of pupils reported as successfully completing a qualified advanced placement course.
(e) The department of education shall provide a participating district, participating board of cooperative services, or participating charter school one hundred twenty percent of the per-pupil amount distributed pursuant to this subsection (5) for each pupil who is identified as at-risk due to economic disadvantage in the state school finance formula and who successfully earned an industry certificate by completing a qualified industry-credential program, a qualified workplace training program, or a qualified advanced placement course.
(f) Repealed.
(6) (a) Each district that authorizes a charter school shall forward to the charter school one hundred percent of the amount that the district receives pursuant to subsection (5) of this section for students enrolled in the charter school.
(b) The institute shall forward to each institute charter school one hundred percent of the amount that the institute receives pursuant to subsection (5) of this section for students enrolled in the institute charter school.
(7) (a) Each participating district, each participating board of cooperative services, and each participating charter school shall regularly communicate to all middle and high school students and the students' families:
(I) The availability of qualified industry-credential programs, qualified workplace training programs, and qualified advanced placement courses and the benefits a student receives as a result of successfully completing one of these programs or courses;
(II) How industry-recognized credentials and guaranteed-transfer pathways courses, as defined in section 23-5-145.5 (1)(c), that are included in such credentials are aligned with postsecondary degrees and high-skill, high-wage, in-demand jobs; and
(III) The top ten industry-recognized credentials identified pursuant to subsection (3.5) of this section.
(b) To the extent possible, all communications issued pursuant to this subsection (7) shall be provided in a language that the students and the students' families understand. The goal of the communications must be to increase participation in qualified industry-credential programs; qualified workplace training programs; and qualified advanced placement courses across all student subgroups.
(7.5) The department of education shall at least annually provide to each district and charter school that does not participate in the career development success program information explaining the program, including the credentials and advanced placement courses for which a participating district or participating charter school may receive a distribution, the amounts of the distributions, and the requirements and procedures for participating in the program.
(8) At the hearing with the joint education committee of the general assembly held in accordance with section 2-7-203 in November or December 2017, and at the hearing held each year thereafter through 2025, the department of education shall provide a report that describes the outcomes achieved by the career development success program. At a minimum, the report must include the following information:
(a) The number of districts, boards of cooperative services, and charter schools that participated in the program;
(b) The number of students in each year of the program that the participating districts, participating boards of cooperative services, and participating charter schools reported as earning an industry certificate by completing a qualified industry-credential program; successfully completing a qualified workplace training program; or completing a qualified advanced placement course and earning a score on the end-of-course exam that is eligible for college credit. The department shall report the student numbers in totals and disaggregated based on the student demographics specified in subsection (4)(b.5) of this section.
(c) The specific industry certificates earned;
(d) The total amount appropriated for the program and the amounts distributed pursuant to each of subsections (5)(b), (5)(c), and (5)(d) of this section, in total and to each participating district, participating board of cooperative services, and participating charter school;
(e) Whether in any year of the program the department was required to make a pro rata reduction in the amounts distributed pursuant to subsection (5)(b), (5)(c), or (5)(d) of this section in accordance with the provisions of said subsections;
(f) To the extent information is available, whether more students met the requirements for funding under the program after the program was enacted as compared to before the program was enacted and the likelihood that a higher level of funding for the program would increase the number of students who meet the requirements for funding under the program;
(g) Whether the students participating in the qualified industry-credential programs; qualified workplace training programs; and qualified advanced placement courses graduated from high school and whether after graduation they enrolled in postsecondary education, enlisted in the military, or entered the workforce, and to the extent practicable, whether the students' careers are related to the industry-recognized credentials completed;
(h) How money received under the program was used to promote the availability of qualified industry-credential programs; qualified workplace training programs; and qualified advanced placement courses; and
(i) How the participating district, participating board of cooperative services, or participating charter school determined which qualified industry-credential programs; qualified workplace training programs; and qualified advancement placement courses to offer, including how the programs are aligned with state or local workforce needs.
(8.5) (a) No later than July 1, 2022, the department of education, in collaboration with the Colorado community college system, shall publish and disseminate materials through existing and relevant platforms used to engage with districts that include, at a minimum:
(I) The top ten industry-recognized credentials identified pursuant to subsection (3.5) of this section; and
(II) For each of the top ten industry-recognized credentials, a sample communications plan for how a participating district, participating board of cooperative services, or participating charter school may communicate the value of credentials and experiences to students and parents. The communications plan must include information on how to educate parents and students about how high school credit is tied to credentials and the courses included as a part of the credential pathway based on alignment with the state academic standards, state graduation guidelines adopted pursuant to section 22-2-106 (1)(a.5), and postsecondary credit, which may include credit through concurrent enrollment.
(b) Any materials published and disseminated pursuant to this subsection (8.5) must be made available to middle and high school students at a reasonable time before any participating district's, participating board of cooperative services', or participating charter school's course selection deadline.
(8.7) (a) A participating district, participating board of cooperative services, or participating charter school shall utilize the money received pursuant to subsection (5) of this section to promote access to qualified industry-credential programs; qualified workplace training programs; and qualified advanced placement courses, which may include:
(I) Working with local workforce boards to determine the programs and courses that will help to meet local workforce needs;
(II) Communicating with students and the students' families about the programs and courses in a language that the students and the students' families understand;
(III) Purchasing and maintaining equipment and supplies for the programs and courses, which may include the cost of examinations related to such programs and courses; and
(IV) Assisting students, including students who are eligible for free or reduced-price lunch pursuant to the federal Richard B. Russell National School Lunch Act, 42 U.S.C. sec. 1751 et seq., students with disabilities, and students who are English language learners, with the support needed to access and succeed in the programs and courses.
(b) A participating school district or participating charter school may contract with a third party to provide the services described in this subsection (8.7).
(9) This section is repealed, effective July 1, 2029.
Source: L. 2016: Entire section added, (HB 16-1289), ch. 196, p. 688, � 1, effective August 10. L. 2018: (1)(e) to (1)(g), (2), (4)(a), (5)(a), (5)(b), and (7) to (9) amended and (7.5) added, (HB 18-1266), ch. 374, p. 2273, � 1, effective August 8. L. 2021: (2.5) added, (SB 21-268), ch. 222, p. 1186, � 25, effective June 11; (1)(b) and (1)(c)(II) amended, (HB 21-1007), ch. 309, p. 1891, � 7, effective July 1; (1)(i), (1)(j), (2), (3)(a), IP(4)(b), (4)(b)(II), (4)(c), (4)(d), (4)(e), (5)(c), (7), (8)(b), (8)(f), and (8)(g) amended, (1)(k) repealed, and (3.5), (4)(b.5), (8)(h), (8)(i), (8.5), and (8.7) added, (SB 21-119), ch. 383, p. 2562, � 2, effective September 7. L. 2023: (1)(b) and (1)(c)(II) amended, (SB 23-051), ch. 37, p. 145, � 19, effective March 23; (1)(e.5), (1)(i)(IV), (5)(e), and (5)(f) added, (1)(i)(III), (1)(j), (2), (4)(a), IP(4)(b), (4)(b.5), (5)(a), (5)(b)(I), (5)(b)(II), (5)(c), (5)(d), IP(7)(a), (8)(a), (8)(b), (8)(d), (8)(i), (8.5)(a)(II), (8.5)(b), (8.7), and (9) amended, and (4)(d) repealed, (SB 23-065), ch. 198, p. 1006, � 1, effective August 7. L. 2024: (3)(a) amended, (SB 24-143), ch. 162, p. 768, � 4, effective August 7. L. 2025: (2), (3)(a), (3.5)(a), IP(4)(b), (5)(a), IP(8), and (9) amended, (SB 25-315), ch. 237, p. 1196, � 17, effective May 23.
Editor's note: Subsection (5)(f)(III) provided for the repeal of subsection (5)(f), effective July 1, 2024. (See L. 2023, p. 1006.)
Cross references: For the legislative declaration in SB 21-119, see section 1 of chapter 383, Session Laws of Colorado 2021. For the legislative declaration in SB 24-143, see section 1 of chapter 162, Session Laws of Colorado 2024.
22-54-139. Additional funding for schools - use of retail marijuana sales tax revenue transferred to state public school fund - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Large rural district means a district in Colorado that the department of education determines is rural, based on the geographic size of the district and the distance of the district from the nearest large, urbanized area, and that had a funded pupil count for the prior budget year of one thousand pupils or more but fewer than six thousand five hundred pupils.
(b) Per pupil distribution amount means:
(I) For a large rural district, an amount equal to thirty million dollars multiplied by the percentage specified in subsection (2)(a) of this section and then divided by the sum of the total funded pupil count for the prior budget year of all large rural districts; and
(II) For a small rural district, an amount equal to thirty million dollars multiplied by the percentage specified in subsection (2)(b) of this section and then divided by the sum of the total funded pupil count for the prior budget year of all small rural districts;
(c) Small rural district means a district in Colorado that the department of education determines is rural, based on the geographic size of the district and the distance of the district from the nearest large, urbanized area, and that had a funded pupil count for the prior budget year of fewer than one thousand pupils.
(2) For the 2017-18 budget year, all of the gross retail marijuana sales tax proceeds transferred from the general fund to the state public school fund created in section 22-54-114 (1) as required by section 39-28.8-203 (1)(b)(I.3)(B) is appropriated from the state public school fund to the department for monthly distribution to each large rural district and each small rural district for the purpose of improving student learning and the educational environment, including but not limited to loan forgiveness for educators and staff, technology, and transportation, as follows:
(a) Fifty-five percent of the money is allocated to large rural districts and distributed to each large rural district in an amount equal to the per pupil distribution amount multiplied by the large rural district's funded pupil count for the prior budget year for proportional apportionment to every school in the district based on the number of students enrolled in each school for the prior budget year; and
(b) Forty-five percent of the money is allocated to small rural districts and distributed to each small rural district in an amount equal to the per pupil distribution amount multiplied by the small rural district's funded pupil count for the prior budget year for proportional apportionment to every school in the district based on the number of students enrolled in each school for the prior budget year.
(3) For the 2019-20 budget year and for each budget year thereafter, the general assembly may appropriate all or any portion of the gross retail marijuana sales tax proceeds transferred from the general fund to the state public school fund created in section 22-54-114 (1) during the prior budget year as required by section 39-28.8-203 (1)(b)(I.5)(B) to the department to meet the state's share of the total program of all districts and funding for institute charter schools.
Source: L. 2017: Entire section added, (SB 17-267), ch. 267, p. 1438, � 4, effective May 30. L. 2018: (3) amended, (HB 18-1101), ch. 43, p. 468, � 1, effective March 15.
Cross references: For the legislative declaration in SB 17-267, see section 1 of chapter 267, Session Laws of Colorado 2017.
22-54-140. Additional funding for rural schools - 2018-19 budget year - definitions - repeal. (Repealed)
Source: L. 2018: Entire section added, (HB 18-1379), ch. 250, p. 1538, � 3, effective May 24.
Editor's note: Subsection (5) provided for the repeal of this section, effective July 1, 2019. (See L. 2018, p. 1540.)
22-54-141. Additional funding for rural schools - 2019-20 budget year - definitions - repeal. (Repealed)
Source: L. 2019: Entire section added, (SB 19-246), ch. 151, p. 1787, � 4, effective May 10.
Editor's note: Subsection (6) provided for the repeal of this section, effective July 1, 2020. (See L. 2019, p. 1787.)
22-54-142. Rural school funding - rural schools cash fund - created - definitions - repeal. (Repealed)
Source: L. 2020: Entire section added, (HB 20-1427), ch. 248, p. 1204, � 20, effective December 31.
Editor's note: (1) This section was enacted by HB 20-1427. That bill contained a referendum clause and was approved by a vote of the registered electors of the state of Colorado on November 3, 2020. This section was effective upon the proclamation of the Governor, December 31, 2020. The vote count for the measure was as follows:
FOR: 2,134,608
AGAINST: 1,025,182
(2) Subsection (8) provided for the repeal of this section, effective July 1, 2023. (See L. 2020, p. 1204.)
22-54-143. Additional funding - 2020-21 budget year - definitions - repeal. (Repealed)
Source: L. 2021: Entire section added, (SB 21-053), ch. 9, p. 49, � 3, effective March 15; (4) amended, (SB 21-268), ch. 222, p. 1174, � 9, effective June 11.
Editor's note: Subsection (7) provided for the repeal of this section, effective July 1, 2022. (See L. 2021, p. 49.)
22-54-144. Additional at-risk funding - 2021-22 budget year - legislative declaration - definitions - repeal. (Repealed)
Source: L. 2022: Entire section added, (HB 22-1186), ch. 4, p. 99, � 3, effective March 1.
Editor's note: Subsection (7) provided for the repeal of this section, effective July 1, 2023. (See L. 2022, p. 99.)
22-54-145. Additional funding for rural schools - 2023-24 budget year - definitions - repeal. (Repealed)
Source: L. 2023: Entire section added, (SB 23-287), ch. 189, p. 920, � 4, effective May 15.
Editor's note: Subsection (5) provided for the repeal of this section, effective July 1, 2025. (See L. 2023, p. 920.)
22-54-146. Hold-harmless at-risk funding - 2023-24 and 2024-25 budget years - repeal. (Repealed)
Source: L. 2023: Entire section added, (SB 23-287), ch. 189, p. 922, � 5, effective May 15. L. 2024: (1) and (2) amended, (SB 24-188), ch. 235, p. 1475, � 11, effective May 23.
Editor's note: Subsection (3) provided for the repeal of this section, effective July 1, 2025. (See L. 2023, p. 922.)
22-54-147. New arrival students funding - 2023-24 budget year - legislative declaration - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) New arrival student means a student who moved from another country to Colorado, directly or indirectly; who has been in the United States for less than one year; who is not proficient in English or has limited English proficiency; and whose enrollment in a Colorado public school is the student's first school enrollment in the United States.
(b) Total net student population means the school district's or the institute charter school's student population, determined pursuant to subsection (4) of this section.
(c) Total new arrival student population means the total number of new arrival students as of February 29, 2024, who enrolled in a school district or an institute charter school after the pupil enrollment count day for the 2023-24 budget year, determined pursuant to subsection (3) of this section.
(2) (a) For the 2023-24 budget year, the general assembly shall appropriate twenty-four million dollars from the state education fund to the department of education to provide one-time funding for school districts and institute charter schools that enrolled new arrival students.
(b) A school district or an institute charter school is only required to perform the requirements pursuant to this section if the school district or institute charter school is requesting funding pursuant to this section.
(c) The department of education shall retain and spend no more than fifty thousand dollars from the money appropriated from the state education fund pursuant to this section to offset direct and indirect administrative costs incurred in performing the department of education's duties pursuant to this section.
(d) The general assembly declares that for the purposes of section 17 (4) of article IX of the state constitution, providing funding to districts and institute charter schools that enrolled new arrival students is accountable education reform and an accountable program to meet state academic standards, and therefore districts and institute charter schools may receive funding from the state education fund created in section 17 (4) of article IX of the state constitution for this purpose.
(3) To determine the school district's or the institute charter school's total new arrival student population, the department of education shall calculate the sum of:
(a) A school district's or institute charter school's total number of new arrival students as of February 9, 2024, who enrolled after the pupil enrollment count day for the 2023-24 budget year, determined by data collected pursuant to section 22-24-106 (1)(a); and
(b) A school district's or institute charter school's total number of new arrival students as of February 29, 2024, who enrolled after February 9, 2024, for the 2023-24 budget year, determined by an attestation of the total number of new arrival students as of February 29, 2024, who enrolled after February 9, 2024, for the 2023-24 budget year accompanied by a signed statement submitted to the department of education by the school district's superintendent or the superintendent's designee, or the chair of the institute charter school's governing board or the chair's designee, affirming that the data provided is accurate to the best of the school district's or institute charter school's knowledge.
(4) To determine the school district's or the institute charter school's total net student population, the department of education shall calculate the difference between:
(a) A school district's or institute charter school's total number of enrolled pupils as of February 29, 2024, determined by an attestation of the school district's or institute charter school's total number of enrolled pupils as of February 29, 2024, accompanied by a signed statement submitted to the department of education by the school district's superintendent or the superintendent's designee, or the chair of the institute charter school's governing board or the chair's designee, affirming that the data provided is accurate to the best of the school district's or institute charter school's knowledge; and
(b) The school district's or institute charter school's pupil enrollment for the 2023-24 budget year on the pupil enrollment count day for the 2023-24 budget year.
(5) (a) Regardless of whether a school district or an institute charter school receives money pursuant to subsection (5)(b) of this section, the department of education shall distribute to each school district requesting funding pursuant to this section, or to the state charter school institute for the state charter school institute to distribute to institute charter schools requesting funding pursuant to this section:
(I) Fifteen thousand dollars, if the total new arrival student population of the school district that is requesting funding, or the state charter school institute on behalf of the institute charter schools requesting funding, is one or more but no more than five;
(II) Thirty thousand dollars, if the total new arrival student population of the school district that is requesting funding, or the state charter school institute on behalf of the institute charter schools requesting funding, is six or more but no more than ten;
(III) Seventy-five thousand dollars, if the total new arrival student population of the school district that is requesting funding, or the state charter school institute on behalf of the institute charter schools requesting funding, is eleven or more but no more than thirty;
(IV) One hundred twenty-five thousand dollars, if the total new arrival student population of the school district that is requesting funding, or the state charter school institute on behalf of the institute charter schools requesting funding, is thirty-one or more but no more than fifty;
(V) Two hundred thousand dollars, if the total new arrival student population of the school district that is requesting funding, or the state charter school institute on behalf of the institute charter schools requesting funding, is fifty-one or more but no more than one hundred;
(VI) Four hundred thousand dollars, if the total new arrival student population of the school district that is requesting funding, or the state charter school institute on behalf of the institute charter schools requesting funding, is one hundred one or more but no more than two hundred;
(VII) Five hundred fifty thousand dollars, if the total new arrival student population of the school district that is requesting funding, or the state charter school institute on behalf of the institute charter schools requesting funding, is two hundred one or more but no more than five hundred; or
(VIII) Seven hundred fifty thousand dollars, if the total new arrival student population of the school district that is requesting funding, or the state charter school institute on behalf of the institute charter schools requesting funding, is five hundred one or more.
(b) (I) For each school district and each institute charter school that is requesting funding pursuant to this section, the department of education shall distribute to the school district, or to the state charter school institute for the state charter school institute to distribute to the institute charter school, an amount equal to four thousand five hundred dollars multiplied by the school district's or institute charter school's total net student population or total new arrival student population, whichever is lesser.
(II) (A) If the amount appropriated pursuant to this section is insufficient to fully fund the distributions pursuant to subsection (5)(b)(I) of this section, the department of education shall reduce the amount of each school district's or each institute charter school's distributions pursuant to subsection (5)(b)(I) of this section by a proportionate percentage of the amount required to fully fund the distributions pursuant to subsection (5)(b)(I) of this section.
(B) If there is an amount remaining from the amount appropriated pursuant to this section after calculating the amount that each school district and each institute charter school requesting funding will receive pursuant to this subsection (5), the department of education shall increase the amount of each school district's or each institute charter school's distribution in subsection (5)(b)(I) of this section by a proportionate percentage of the amount remaining, so that the total amount appropriated pursuant to this section is expended.
(c) Notwithstanding section 22-2-306, the department of education is not required to provide advance notice requirements to a school district or an institute charter school in implementing this section.
(6) (a) The department of education shall ensure that a school district's or an institute charter school's total new arrival student population does not include students who were previously included in the school district's or the institute charter school's pupil enrollment for the 2023-24 budget year on the pupil enrollment count day for the 2023-24 budget year.
(b) (I) On or before a date determined by the department of education, the department of education shall provide to each district and institute charter school a preliminary amount to be distributed, determined pursuant to subsection (5) of this section.
(II) On or before a date determined by the department of education, a school district or an institute charter school may provide evidence to the department of education that supports a different amount to be distributed from the department of education's preliminary amount to be distributed determined pursuant to subsection (5) of this section.
(III) No later than May 1, 2024, the department of education shall finalize the amount to be distributed to each school district and institute charter school and notify each school district and institute charter school of that amount.
(IV) No later than May 31, 2024, the department of education shall distribute to each school district, and to the state charter school institute for the state charter school institute to distribute to each institute charter school, the amount determined pursuant to this section.
(7) The department of education is authorized to review the school district's or the institute charter school's use of funding provided pursuant to this section, but a payment is not subject to audit requirements pursuant to section 22-2-113 (1)(f).
(8) This section is repealed, effective July 1, 2026.
Source: L. 2024: Entire section added, (HB 24-1389), ch. 94, p. 303, � 2, effective April 18.
Cross references: For the legislative declaration in HB 24-1389, see section 1 of chapter 94, Session Laws of Colorado 2024.