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Bill Detail: HB20-1418

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Title Public School Finance
Status Governor Signed (06/30/2020)
Bill Subjects
  • Education & School Finance (Pre & K-12)
House Sponsors K. Becker (D)
Senate Sponsors N. Todd (D)
House Committee Education
Senate Committee Finance
Date Introduced 06/04/2020
Description

Section 1 of the bill is a nonstatutory legislative declaration.
Section 2 of the bill:
  • Increases the statewide base per pupil funding for the
2020-21 budget year by $132.08 to account for inflation of
1.9% for a new statewide base per pupil funding of

$7,083.61;
  • Sets the minimum statewide district total program funding
amount for the 2020-21 budget year and removes the
requirement for the dollar amount of the budget
stabilization factor to remain the same as during the
2019-20 budget year.
Section 3 of the bill makes changes to budget procedures for
school districts, charter schools, and local college districts for the
2020-21 fiscal year as follows:
  • Under current law, a proposed school district budget must
be submitted to the local board of education 30 days prior
to July 1, the beginning of the budget year. The bill
requires the proposed budget to be submitted on or before
June 23, 2020.
  • Under current law, the notice of proposed budget must be
published within 10 days after submitting the budget. The
bill requires publication of the notice not later than June 25,
2020. Notice of the budget shall be posted for at least 2
business days.
Sections 4 and 5 of the bill repeal the following required statutory
appropriations for the 2020-21 budget year:
  • $250,000 for the school counselor corps grant program to
assist students and families with completing state and
federal financial aid forms; and
  • $250,000 for the computer science education grant program
to increase enrollment or participation of traditionally
underrepresented students in computer science education.
Sections 6 and 7 of the bill:
  • Reduce the state fiscal year (FY) 2020-21 appropriation
from the public school capital construction assistance fund
(assistance fund) for Building Excellent Schools Today
Act program cash grants for public school capital
construction from $160 million to $25 million;
  • Transfer $100 million from the assistance fund to the state
public school fund on July 1, 2020; and
  • For FY 2020-21, divert revenue above the first $40 million
received from the state retail marijuana excise tax from the
assistance fund to the state public school fund.
Sections 8 through 12 of the bill suspend the implementation of
the K-5 social and emotional health pilot program and make conforming
changes to the dates for selecting pilot program participants, the pilot
program coordinator, maintenance of effort requirements for the pilot
districts, and the initial and final pilot program evaluations. The
department of education (department) shall implement the pilot program
subject to available appropriations or gifts, grants, or donations for the
3-year term of the pilot program.
The bill removes any requirement that the general assembly
appropriate money for the pilot program for the 2020-21 state fiscal year
but authorizes the general assembly to appropriate marijuana tax cash
fund money for the pilot program in the future. The department may
accept and expend gifts, grants, or donations for the pilot program. The
bill extends the repeal date of the program by10 years to allow for future
implementation of the pilot program.
Sections 13 through 17 of the bill repeal the grow your own
educator program.
Current law repeals the advanced placement incentives pilot
program on July 1, 2021. Section 18 of the bill repeals the pilot program
on July 1, 2020.
Sections 19 and 20 of the bill require the state treasurer to make
the following transfers to the state education fund on July 1, 2020:
  • $3.5 million from the early literacy fund; and
  • $11,831 from the Colorado teacher of the year fund.
Sections 21 through 23 of the bill repeal the school
cardiopulmonary resuscitation and automated external defibrillator
training fund and the closing the achievement gap cash fund, which are
inactive; requires the state treasurer to transfer all unexpended and
unencumbered money in each of those funds to the state education fund;
and makes conforming amendments.
Sections 24 through 27 of the bill require the state treasurer to
transfer all unexpended and unencumbered money credited to each of the
following funds to the state education fund:
  • The great teachers and leaders fund on July 1, 2020;
  • The nonpublic school fingerprint fund, as it existed prior to
its repeal in 2006, on July 1, 2020;
  • The student re-engagement grant program fund, as it
existed prior to its repeal in 2019, on July 1, 2020;
  • The retaining teachers fund on July 1, 2020; and
  • The full-day kindergarten facility capital construction fund
on June 30, 2020.
Section 28 of the bill requires the state treasurer to transfer any
unexpended and unencumbered principal of the high-cost special
education trust fund to the state public school fund on July 1, 2020.
Section 29 of the bill transfers $2.5 million from the marijuana tax
cash fund to the state public school fund, on July 1, 2020.
Sections 30 through 32 of the bill delay certain provisions of the
local school food purchasing program by one year, including delaying:
  • The start of reimbursements to October 2021;
  • The first report to on or before December 1, 2022; and
  • The repeal of the program to January 1, 2024.
Sections 33 through 38 of the bill reset the total program mill levy
for the 2020 property tax year for each school district as follows:
  • If the school district has obtained voter approval to keep
revenue that exceeds the constitutional limit, the lesser of:
27 mills; the number of mills necessary to fully fund the
school district's total program; or the number of mills the
school district would have levied in the preceding property
tax year but for unauthorized reductions in the school
district's mill levy after the school district received voter
approval to retain excess revenue; or
  • If the school district has not obtained voter approval to
keep revenue that exceeds the constitutional limit, the
lesser of: 27 mills; the number of mills levied in the
preceding property tax year; or the number of mills that
generates an amount of revenue that does not exceed the
constitutional limit.
For the 2021 property tax year and each property tax year
thereafter, each school district must levy the lesser of:
  • 27 mills;
  • The number of mills levied in the preceding property tax
year;
  • The number of mills necessary to fully fund the school
district's total program; or
  • If the school district has not obtained voter approval to
keep revenue that exceeds the constitutional limit, the
number of mills that generates an amount of revenue that
does not exceed the constitutional limit.
In a property tax year in which a school district is required to levy
more mills than it levied for the 2019 property tax year, the school district
board of education must approve a tax credit in the amount of the increase
in the number of mills. The amount of revenue attributable to the number
of mills for which there is a tax credit is not included in calculating the
school district's state share.
Under the Building Excellent Schools Today Act, the state may
enter into lease-purchase agreements for public school facility capital
construction projects subject to the limitation that the maximum total
annual amount of lease payments payable under the terms of the
agreements does not exceed $110 million. Section 39 of the bill increases
the maximum total annual amount of lease payments to $125 million for
FY2020-21 and for each state fiscal year thereafter and appropriates $15
million from the public school capital construction assistance fund to the
department for FY2020-21 to provide the additional spending authority
needed to make the additional lease payments.
Section 40 of the bill requires the department, for the 2020-21
budget year only, to use student enrollment numbers for the 2018-19
budget year in calculating a local education provider's per-pupil
intervention money under the READ Act.
Section 41 of the bill clarifies that students enrolled part-time in
a kindergarten program are counted for school formula funding as .58 of
a full-day pupil.
Section 42 of the bill authorizes 5-year-old first graders to receive
full school finance formula funding.
Section 43 of the bill requires the commissioner of education
(commissioner) to convene education stakeholders to review the impact
of the cancellation of assessments, accountability, accreditation, and
educator evaluations for the 2019-20 school year and whether future
modifications are needed for the accountability, accreditation, and
educator evaluation systems as a result of, and in response to, the
COVID-19 pandemic and possible further disruptions.
Section 44 of the bill authorizes the commissioner to expend
appropriations to correct the underpayment of state funding to a school
district, board of cooperative services, the state charter school institute,
or to a group care facility or home due to errors in information certified
to the department of education for the determination of state funding.
Sections 45 through 47 of the bill remove the requirement that the
department determine the level of attainment on performance indicators
achieved by each public school, each school district, the state charter
school institute, and the state as a whole for the 2019-20 school year.
In addition, the department shall not assign accreditation ratings
for school districts or the state charter school institute, and shall not
recommend improvement plans for public schools, for the 2020-21 school
year. A school district, the state charter school institute, and schools shall
continue to implement the plan type that was assigned for the 2019-20
school year.
Section 48 of the bill extends the June 1 deadline for written
notice of contract nonrenewal to June 26, 2020, for probationary teachers
employed by a school district on a full-time basis during the 2019-20
school year, so long as the recommendation for contract nonrenewal is for
reasons relating to budgetary shortfalls.
The bill makes and reduces appropriations.

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with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (07/22/2020) (most recent)  
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