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SB 213: Introduced Version

SB 213: Introduced Version

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Here's the bill as it was introduced in the Colorado State Senate on March 8, 2013.
Here's the bill as it was introduced in the Colorado State Senate on March 8, 2013.

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Published by: Senator Mike Johnston on Mar 09, 2013
Copyright:Attribution Non-commercial


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First Regular SessionSixty-ninth General Assembly
LLS NO. 13-0336.02 Julie Pelegrin x2700
Senate CommitteesHouse Committees
Bill Summary
(Note: This summary applies to this bill as introduced and doesnot reflect any amendments that may be subsequently adopted. If this bill  passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.)
The bill creates a new school finance act (the new act),implementation of which is conditional upon passage of a statewide ballotmeasure to increase state revenues for funding public education. After thestatewide ballot measure passes, certain requirements around collecting
Johnston and Heath,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.Dashes through the words indicate deletions from existing statute.
daily membership and program enrollments and calculating state andlocal shares of total program will take effect during the first budget year commencing after the election, but the new funding formula and thedistribution of state moneys under the provisions of the new act will nottake effect until the second budget year commencing after the election.School districts (districts) and charter schools continue to receive fundingunder the existing "Public School Finance Act of 1994" (the current act)and related statutory provisions until the new act fully takes effect in thesecond budget year commencing after the election.The new act is similar to the current act in that it starts with thestatewide base per pupil funding amount, applies a formula to calculatea district's per pupil funding, increases each district's funding based on thenumber of at-risk pupils enrolled in the district, and multiplies the per  pupil funding amount by the number of pupils enrolled in the district tocalculate the district's amount of operational funding (total program) for each budget year. The new act continues to use a specific per pupilamount to fund pupils who are enrolled in multi-district on-line schools(on-line pupils) and pupils who are enrolled in the ASCENT program(ASCENT pupils), which amounts are also included in a district's total program. And the new act continues to fund each district's total program by a combination of local property tax and specific ownership taxrevenues and state moneys. The new act differs from the current act in thefollowing general areas:
Calculation of pupil enrollment;
Funding for preschool and kindergarten pupils;
Factors included in the formula for calculating total program;
The definition of at-risk pupils and the percentage increasein funding for at-risk pupils;
Minimum per pupil funding;
On-line pupil funding and ASCENT program funding;
Calculation of total program for and payment of statemoneys to institute charter schools;
Calculation of state and local shares of total program;
Authorized mill levy overrides;
State moneys available to districts and institute charter schools in addition to total program;
Mid-year recalculation of total program for certain districtsand institute charter schools;
Allocations of funding by districts to charter schools andother schools of the district;
Review of the return on the investment of funding and coststudies every 4 years;
Public financial reporting by districts and institute charter schools; andSB13-213-2-
State moneys for mid-year recalculation of funding for newand expanding district charter schools.
Calculation of pupil enrollment.
Under the current act, fundingfor school districts and charter schools is based on the number of pupilsenrolled as of a specific pupil enrollment count date, generally October 1 of each year. The new act uses a school district's or an institute charter school's average daily membership (ADM) as the basis for calculatingtotal program. A district's or institute charter school's membershipincludes all of the pupils enrolled in the district or the institute charter school, including students enrolled in preschool, but does not includeon-line pupils or ASCENT pupils. Districts and institute charter schoolsmust report membership and on-line pupil and ASCENT pupil enrollmenton a quarterly basis, reporting the number of pupils enrolled each schoolday. The department of education (department) will calculate eachdistrict's and each institute charter school's ADM for the first and secondquarter of the school year, for the first and second halves of each schoolyear, and for the entire school year (averaging period) by totaling the pupils enrolled each school day for the averaging period and dividing bythe number of school days in the averaging period. The department willdo the same for each district's and institute charter school's on-line pupilADM and ASCENT program ADM.Each district's and each institute charter school's total program is based on the district's or institute charter school's ADM for the last half of the budget year before the preceding budget year and the first half of the preceding budget year (funding averaging period). Funding for adistrict or an institute charter school with declining enrollment continuesto be based on the greater of the actual ADM or the ADM averaged for up to 5 years. For purposes of averaging over years, a district's ADM doesnot include preschool program enrollment. Pupil enrollment willsubstitute for ADM in averaging until there are 5 years of ADMavailable.In the first and second years of operation for a district charter school or an institute charter school, funding is based on the projectedmembership or on-line enrollment of the charter school and the ADM or on-line ADM for the first half of the first year of operation. Also, for adistrict charter school or an institute charter school that is building outgrade levels, funding is recalculated mid-year if the district charter school's or the institute charter school's ADM or on-line ADM for thefirst half of the current year is greater than the ADM or on-line ADM for the funding averaging period. The state pays any increase in a districtcharter school's funding that results from the recalculation.
Funding for preschool and kindergarten pupils.
Under thecurrent act, the state funds a restricted number of 3-, 4-, and 5-year-old preschool program pupils who meet eligibility requirements. These preschool pupils are funded as half-day pupils. Each district and eachSB13-213-3-

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