C.R.S. Section 22-32-108.5
Board of education

  • distribution of additional mill levy revenue
  • definitions
  • legislative declaration

(1)

Intentionally left blank —Ed.

(a)

The general assembly recognizes that section 15 of article IX of the state constitution grants to each school district board of education control of instruction in the schools of the school district. The power of local control of instruction applies to all of the schools of the school district and therefore imposes on the school district board of education the responsibility to ensure the equitable treatment of all of the students enrolled in all of the schools of the school district.

(b)

The general assembly further finds that section 2 of article IX of the state constitution requires the general assembly to provide for the maintenance of a thorough and uniform system of free public schools throughout the state. Requiring each school district board of education to equitably use and distribute its resources to meet the needs of all students enrolled in all of the schools of the school district supports greater uniformity in providing public education services within each school district and throughout the state.

(c)

The general assembly finds, therefore, that each school district board of education has the duty to ensure that the school district uses and allocates its resources in a manner that results in the equitable treatment of all students enrolled in the school district, according to their individual needs, regardless of the type of school of the school district in which each student is enrolled.

(2)

As used in this section, unless the context otherwise requires:

(a)

“Additional mill levy revenue” means the amount of property tax revenue that a school district collects from mills that are authorized by voters before, on, or after June 2, 2017, and that a school district levies in addition to the school district’s total program mill levy established in section 22-54-106 (2) or (2.1), whichever is applicable, not including mills that a school district may levy for purposes of incurring or repaying bonded indebtedness or for paying amounts due pursuant to installment sales agreements, financed purchase of an asset agreements, or certificate of participation agreements entered into as of June 2, 2017, for which additional mill levy revenue was contractually committed as of June 2, 2017.

(b)

“Alternative education campus” means a public school that is designated by the state board of education as an alternative education campus pursuant to section 22-7-604.5.

(c)

“Charter school” means a charter school authorized by a school district as provided in part 1 of article 30.5 of this title 22.

(d)

“Innovation school” means a school in which a local school board implements an innovation plan as provided in section 22-32.5-104 or a school that is included in an innovation school zone, as defined in section 22-32.5-103.

(e)

“Local school board” means the school district board of education of a participating school district.

(f)

“Participating school district” means a school district that, on or after June 2, 2017:

(I)

Collects additional mill levy revenue; and

(II)

Is designated as a school district of innovation as provided in article 32.5 of this title 22 or authorizes at least one charter school as provided in part 1 of article 30.5 of this title 22.

(g)

“Per pupil mill levy share” means an amount equal to the total amount of additional mill levy revenue that a participating school district collects for a budget year divided by the school district’s funded pupil count, as defined in section 22-54-103, for that budget year.

(h)

“Per pupil program share” means an amount equal to the amount of additional mill levy revenue allocated to a program in a participating school district’s plan, divided by the total number of students enrolled in the schools of the participating school district who are eligible to participate in the program, multiplied by the number of eligible students enrolled in a charter school or school of innovation that chooses to receive the per pupil program share in lieu of participating in the program.

(i)

“Plan” means the plan for using and distributing additional mill levy revenue as described in this section that is adopted by a local school board.

(j)

“Type” means the status of a school of the school district as a traditional, charter, innovation, or magnet school or as operating under some other organizational or governance structure. “Type” does not include a school’s status as an alternative education campus or other alternative high school or status based on the grade levels the school serves or the type of performance plan the school operates under as described in part 4 of article 11 of this title 22.

(3)

For the 2019-20 budget year and for each budget year thereafter, the local school board of each participating school district shall either implement a plan for using and distributing the additional mill levy revenue that the participating school district collects for each budget year, as described in subsection (4) of this section, or distribute to each charter school and innovation school of the participating school district an amount equal to at least ninety-five percent of the participating school district’s per pupil mill levy share for the applicable budget year multiplied by the number of students enrolled in the charter school or the innovation school for the applicable budget year, as described in subsection (5) of this section.

(4)

Intentionally left blank —Ed.

(a)

A local school board that chooses to adopt a plan must adopt the plan by July 1, 2018. Subject to statutory limits or requirements that apply to specific mill levy authorizations and any purposes specifically approved by voters in approving additional mill levy revenue, the plan must ensure that the additional mill levy revenue is distributed to, or otherwise used for programs that benefit, the schools of the participating school district based on meeting the needs of and equitably supporting the education of all of the students enrolled in all of the schools of the participating school district, regardless of the type of school in which each student is enrolled. For each program included in the plan, a charter school or innovation school may choose to receive the per pupil program share in lieu of participating in the program, in which case the participating school district shall distribute to the charter school or innovation school the per pupil program share. The charter school or innovation school shall use the per pupil program share to provide a program or services, as selected by the charter school or innovation school, to benefit the students for whom it received the per pupil program share. The local school board shall ensure that the determination of the amount of additional mill levy revenue that a school of the participating school district receives as a distribution or through participation in a program is not based on and does not take into account the school’s type. The local school board shall ensure that equitable distribution of the additional mill levy revenue is fully implemented in the 2019-20 budget year and in each budget year thereafter.

(b)

Through the plan, a local board of education may use the additional mill levy revenue to provide additional per pupil funding to students enrolled in alternative education campuses, students who qualify for free or reduced-price meals under the federal “Richard B. Russell National School Lunch Act”, 42 U.S.C. sec. 1751 et seq., students identified as English language learners pursuant to section 22-24-105, and students who have individualized education programs under part 1 of article 20 of this title 22, so long as the amount distributed for the benefit of each student is the same regardless of the type of school in which the student is enrolled.

(c)

Each plan must require the local school board to equitably distribute all of the participating school district’s additional mill levy revenue that is not distributed for specific programs or student populations, as provided in subsections (4)(a) and (4)(b) of this section, to the schools of the participating school district in direct proportion to the number of students enrolled in each school. The distribution must include all of the schools of the participating school district without regard to type of school.

(d)

Each plan must:

(I)

Identify the amount of additional mill levy revenue that the participating school district spends on administrative services or other district-level uses as specifically authorized in this subsection (4);

(II)

Describe each of the administrative services or other district-level uses; and

(III)

Specify how the administrative services or other district-level uses benefit all of the students enrolled in the schools of the participating school district.

(e)

Each local school board that adopts a plan shall periodically review the plan and update it as necessary to ensure that the additional mill levy revenue that the participating school district collects is equitably distributed as provided in subsections (4)(a) to (4)(c) of this section to the schools of the participating school district to benefit all of the students enrolled in all of the schools of the participating school district.

(f)

Notwithstanding any provision of this subsection (4) to the contrary, a local school board may, but is not required to, distribute a portion of the additional mill levy revenue to a multi-district online school of the participating school district.

(5)

Intentionally left blank —Ed.

(a)

Beginning in the 2019-20 budget year and in each budget year thereafter, the local school board of a participating school district that chooses not to adopt a plan shall distribute to each charter school and innovation school of the participating school district an amount equal to at least ninety-five percent of the participating school district’s per pupil mill levy share for the applicable budget year multiplied by the number of students enrolled in the charter school or the innovation school for the applicable budget year. In counting the number of pupils enrolled in a charter school or innovation school, the school district shall count a pupil enrolled in kindergarten or in a preschool program as at least a half-day pupil and may, at the school district’s discretion, count a pupil who is included in the school district’s online pupil enrollment, as defined in section 22-54-103.

(b)

If a local school board has in place or adopts a written policy that directs the participating school district to distribute any portion of its additional mill levy revenue to specifically benefit students enrolled in alternative education campuses, students who qualify for free or reduced-price meals under the federal “Richard B. Russell National School Lunch Act”, 42 U.S.C. sec. 1751 et seq., students who are identified as English language learners under section 22-24-105, or students who have individualized education programs under part 1 of article 20 of this title 22, the participating school district may continue distributing the revenue for these purposes, so long as:

(I)

The amount distributed for each student is the same regardless of the type of school in which the student is enrolled; and

(II)

The participating school district distributes any amount of additional mill levy revenue that remains after distribution for these purposes in accordance with subsection (5)(a) of this section.

(6)

If a local school board distributes a portion of the total additional mill levy revenue that it collects for the 2016-17 budget year to the charter schools or innovation schools of the participating school district by percentage, by distribution of a per pupil amount, or by a combination of percentage and per pupil amount, the local school board shall ensure that the percentage of the total additional mill levy revenue and the per pupil amount that is distributed to the charter schools and innovation schools of the participating school district is not reduced for the 2017-18 and 2018-19 budget years. An authorizing school district or the charter school may renegotiate contract provisions concerning services or fees for services as a material revision to the charter contract, subject to the provisions of section 22-30.5-105 (4), which renegotiation shall not include negotiations regarding reauthorization of the charter school.

(7)

The amount of additional mill levy revenue that a charter school receives pursuant to this section is in addition to the amount of money that the charter school receives from the school district pursuant to part 1 of article 30.5 of this title 22. The amount of additional mill levy revenue that an innovation school receives pursuant to this section is in addition to any amount of money that the innovation school receives through the school’s innovation plan as provided in article 32.5 of this title 22.

(8)

Notwithstanding any provision of this section to the contrary, if a school district authorizes a charter school that is physically located within the geographic boundaries of another school district, the chartering school district is not required to include in the plan described in subsection (4) of this section or in the distribution described in subsection (5) of this section any amount of additional mill levy revenue for students who are enrolled in the charter school but do not reside within the boundaries of the school district.

(9)

Beginning July 1, 2018, each participating school district shall:

(a)

If the local school board chooses to adopt a plan, post a copy of the plan on the participating school district’s website as provided in section 22-44-304 and annually update the plan as necessary; or

(b)

If the local school board chooses not to adopt a plan, for the 2018-19 budget year, post a statement of intent to distribute the additional mill levy revenue as provided in subsection (5) of this section and, for the 2019-20 budget year and annually for each budget year thereafter, post the total amount of additional mill levy revenue collected by the participating school district for each property tax year, the amount distributed to support specific student populations as described in subsection (5)(b) of this section, and the total amount distributed to support said student populations and on a per-pupil basis to each charter school and innovation school, as a percentage and as a dollar amount.

(10)

A charter school that receives any amount of additional mill levy revenue pursuant to this section shall ensure that the charter school admissions policy is in compliance with section 22-30.5-104 (3).

Source: Section 22-32-108.5 — Board of education - distribution of additional mill levy revenue - definitions - legislative declaration, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-22.­pdf (accessed Oct. 20, 2023).

22‑32‑101
Corporate status of school districts 22‑32‑102
Corporate status - when questioned 22‑32‑103
Board of education - general powers and duties 22‑32‑104
Organization of board of education - definition 22‑32‑105
Duties - president and vice-president 22‑32‑106
Duties - secretary 22‑32‑107
Duties - treasurer 22‑32‑108
Meetings of the board of education - legislative intent 22‑32‑108.5
Board of education - distribution of additional mill levy revenue - definitions - legislative declaration 22‑32‑109
Board of education - specific duties - definitions 22‑32‑109.1
Board of education - specific powers and duties - safe school plan - conduct and discipline code - safe school reporting requirements - school response framework - school resource officers - definitions 22‑32‑109.2
Board of education - specific duties - adoption of policy 22‑32‑109.3
Board of education - specific duties - student records 22‑32‑109.4
Colorado School Collective Bargaining Agreement Sunshine Act - board of education - specific duties 22‑32‑109.5
Board of education - specific duties - testing requirements - developmental education placement or assessment tests - intervention plans 22‑32‑109.6
Board of education - specific duties - class size reduction plans - alternative student achievement plans - definitions 22‑32‑109.7
Board of education - specific duties - employment of personnel - definitions 22‑32‑109.8
Applicants selected for nonlicensed positions - submittal of form and fingerprints - prohibition against employing persons - department database 22‑32‑109.9
Licensed personnel - submittal of fingerprints 22‑32‑110
Board of education - specific powers - definitions 22‑32‑110.6
Board of education - specific powers - “No Child Left Behind Act of 2001” 22‑32‑110.7
Board of education - specific powers - drug testing 22‑32‑111
Power of eminent domain 22‑32‑112
Oil and gas leases 22‑32‑113
Transportation of pupils - when 22‑32‑114
Transportation by parents of own children 22‑32‑115
Tuition for resident school-age children 22‑32‑116
Exclusion of nonresidents - exception 22‑32‑116.5
Extracurricular and interscholastic activities - definitions 22‑32‑117
Miscellaneous fees 22‑32‑118
Summer schools - continuation, evening, and community education programs 22‑32‑118.5
Intervention strategies - students at risk of dropping out - legislative declaration 22‑32‑118.6
Intervention strategies - improving mathematics outcomes - definitions 22‑32‑119
Kindergartens - definition 22‑32‑119.5
Full-day kindergarten - phase-in plan - report - legislative declaration 22‑32‑120
Food services - facilities - school food authorities - rules 22‑32‑121
Facsimile signature 22‑32‑122
Contract services, equipment, and supplies 22‑32‑123
Penalty 22‑32‑124
Building codes - zoning - planning - fees - rules - definitions 22‑32‑124.3
Energy-efficient design of school buildings and structures required - definitions 22‑32‑126
Principals - employment and authority 22‑32‑127
Leases or installment purchases for periods exceeding one year 22‑32‑128
Use of school vehicles by residents of district 22‑32‑131
Voter approval of repayment of loans for capital improvements made to a growth district 22‑32‑132
Diplomas - veterans 22‑32‑133
American sign language 22‑32‑133.5
Computer science courses - legislative declaration 22‑32‑134.5
Healthy beverages policy required 22‑32‑135
Financial literacy curriculum - definition 22‑32‑136
Children’s nutrition - healthful alternatives - information - facilities - local wellness policy - competitive foods 22‑32‑136.3
Children’s nutrition - no trans fats in school foods - definitions - rules 22‑32‑136.5
Children’s wellness - physical activity requirement - legislative declaration 22‑32‑137
Community service and service-learning 22‑32‑138
Out-of-home placement students - school stability, transfer, and enrollment procedures - absences - exemptions - provision of academic supports - report - definitions 22‑32‑138.5
Educational stability grant program - application - grants - fund created - rules - report - definition 22‑32‑139
Food allergies and anaphylaxis policy required 22‑32‑140
Standardized immunization policy required 22‑32‑141
Student awaiting trial as adult - educational services - definitions 22‑32‑142
Parent engagement - policy - communications - incentives 22‑32‑143
Local fiscal impact summaries 22‑32‑144
Restorative justice practices - legislative declaration 22‑32‑145
Native American language and culture instruction - general credit 22‑32‑146
School use of on-site peace officers as school resource officers 22‑32‑147
Use of restraints on students - certain restraints prohibited - reports and review process - rules - definitions 22‑32‑148
Food donations to nonprofit organizations encouraged 22‑32‑149
District scholarship programs - authorized 22‑32‑150
Contracting for facial recognition service by schools prohibited - definition - repeal 22‑32‑151
Testing for the presence of lead in drinking water in eligible schools - compliance with public health requirements - repeal
Green check means up to date. Up to date

Current through Fall 2024

§ 22-32-108.5’s source at colorado​.gov