C.R.S.
Section 22-43.7-109
Financial assistance for public school capital construction
- application requirements
- evaluation criteria
- local match requirements
- technology grants
- career and technical education capital construction grants
- rules
- definitions
- repeal
(1)
For fiscal years commencing on or after July 1, 2008, the board, with the support of the division and subject to the approval of the state board and, in the case of financial assistance that involves financed purchase of an asset or certificate of participation agreements, subject to both the preliminary approval of the state board and the final approval of the capital development committee, regarding financial assistance awards as specified in this section, shall provide financial assistance as specified in this section subject to the following limitations:(a)
The board may only provide financial assistance for a capital construction project for a public school facility that the applicant owns or will have the right to own in the future under the terms of a financed purchase of an asset or certificate of participation agreement with the owner of the facility or a sub-financed purchase of an asset or certificate of participation agreement with the state entered into pursuant to section 22-43.7-110 (2).(b)
The board may only provide financial assistance for a capital construction project for a public school in existence for at least three years at any time before the board receives an application for financial assistance.(1.5)
Intentionally left blank —Ed.(a)
Notwithstanding any provision of this article to the contrary, for fiscal years commencing on or after July 1, 2016, and subject to rules adopted by the board pursuant to paragraph (b) of this subsection (1.5), the board, with the support of the division and subject to the approval of the state board and the lessor of the property, may provide financial assistance as specified in this section to an applicant that is operating or will operate in the next budget year in a leased facility that is:(I)
Listed on the state inventory of real property and improvements and other capital assets maintained by the office of the state architect pursuant to section 24-30-1303.5, C.R.S.; or(II)
State-owned property leased by the state board of land commissioners, described in section 36-1-101.5, C.R.S., to the applicant.(b)
The board shall promulgate rules relating to the award of financial assistance pursuant to this subsection (1.5).(c)
It is the intent of the general assembly that an award of financial assistance pursuant to this subsection (1.5) must be used to preserve or enhance the value of state-owned, leased property.(2)
Intentionally left blank —Ed.(a)
Except as otherwise provided in subparagraph (II) of paragraph (b) of this subsection (2), the board shall establish an annual financial assistance timeline for use by applicants in applying for financial assistance and otherwise meeting financial assistance requirements and for use by the board in reviewing financial assistance applications and recommending financial assistance awards to the state board. The timeline shall specify:(I)
A deadline for applicants to submit financial assistance applications to the board that allows sufficient time for submission of such applications;(II)
The period in which the board, with the support of the division, will review financial assistance applications;(III)
A deadline, no later than June 7, 2013, and no later than June 1 of each year thereafter, for the board to submit to the state board the prioritized list of projects for which the board recommends the provision of financial assistance as required by subsection (7) of this section; and(IV)
Any additional deadlines or deadline extension periods needed to ensure that applicants seeking voter approval to obtain matching moneys required pursuant to subsection (9) of this section have sufficient opportunity to obtain such voter approval or otherwise needed to ensure the efficient and effective administration of this article.(b)
Notwithstanding the provisions of paragraph (a) of this subsection (2):(I)
The board:(A)
After receiving an application for emergency financial assistance made pursuant to subsection (8) of this section, may provide emergency financial assistance to an applicant at any time; and(B)
May establish a timeline for the 2008-09 fiscal year or the 2008-09 and 2009-10 fiscal years only that takes into account any incomplete status of the priority assessment required by section 22-43.7-108, allows awards of financial assistance to be made based on consideration of so much of the assessment as has been completed, and differs from subsequent annual timelines.(II)
In order to ensure efficient submission and review of financial assistance applications and allow the board to provide financial assistance as soon as is feasible, on and after May 22, 2008, but before the appointment of the board, the state board, or such personnel of the department as the state board may designate, may establish interim financial assistance application deadlines and applications for use by applicants in applying for financial assistance for the 2008-09 fiscal year only. The state board may also designate department personnel to preliminarily review financial assistance applications until such time as the board and the director of the division have been appointed.(3)
A charter school that chooses to apply for financial assistance must apply directly to the board. A charter school shall notify its authorizer if the charter school applies for financial assistance. The authorizer for an applying charter school may submit a letter to the board stating its position on the application. The Colorado school for the deaf and blind shall also apply for financial assistance directly. Financial assistance awarded to a charter school as a matching cash grant shall be provided to the authorizer, which shall distribute all financial assistance received as a grant to the charter school and may not retain any portion of such money for any purpose. All other financial assistance shall be provided in the form of payments made by the board directly to a lessor or trustee as required by the terms of the applicable financed purchase of an asset or certificate of participation agreement.(4)
Applications for financial assistance submitted to the board must be in a form prescribed by the board and must include:(a)
A description of the scope and nature of the public school facility capital construction project for which financial assistance is sought;(b)
A description of the architectural, functional, and construction standards that are to be applied to the capital construction project that indicates whether the standards are consistent with the public school facility construction guidelines established by the board pursuant to section 22-43.7-107 and provides an explanation for the use of any standard that is not consistent with the guidelines;(c)
The estimated amount of financial assistance needed for the capital construction project and the form and amount of matching moneys that the applicant will provide for the project;(d)
Intentionally left blank —Ed.(I)
If the capital construction project involves the construction of a new public school facility or a major renovation of an existing public school facility, a demonstration of the ability and willingness of the applicant to maintain the project over time that includes, at a minimum, the establishment of a capital renewal budget and a commitment to make annual contributions to a capital renewal reserve within a school district’s capital reserve fund or any functionally similar reserve fund separately maintained by an applicant that is not a school district.(II)
As used in this paragraph (d), “capital renewal reserve” means moneys set aside by an applicant for the specific purpose of replacing major public school facility systems with projected life cycles such as roofs, interior finishes, electrical systems and heating, ventilating, and air conditioning systems.(e)
If the application is for financial assistance for the renovation, reconstruction, expansion, or replacement of an existing public school facility, a description of the condition of the public school facility at the time the applicant purchased or completed the construction of the public school facility and, if the public school facility was not new or was not adequate at that time, the rationale of the applicant for purchasing the public school facility or constructing it in the manner in which it did;(e.5)
If the application is for financial assistance for state fiscal year 2019-20 or for any subsequent state fiscal year and is for either the construction of a new public school facility that will replace one or more existing public school facilities or the reconstruction or expansion of an existing public school facility and if the applicant will stop using an existing public school facility for its current use if it receives the grant, the applicant’s plan for the future use or disposition of the existing public school facility and the estimated cost of implementing the plan.(f)
A statement regarding the means by which the applicant intends to provide matching money required for the projects, including but not limited to means such as voter-approved multiple-fiscal year debt or other financial obligations; utility cost savings associated with any utility costs-savings contract, as defined in section 24-30-2001 (6); gifts, grants, donations, a loan obtained pursuant to section 22-43.7-110.5, or any other means of financing permitted by law; or the intent of the applicant to seek a waiver of the matching money requirement pursuant to subsection (10) of this section. If an applicant that is a school district or a board of cooperative services with a participating school district intends to raise matching money by obtaining voter approval to enter into a sub-financed purchase of an asset or certificate of participation agreement that constitutes an indebtedness of the district as authorized by section 22-32-127, it shall indicate whether it has received the required voter approval or, if the election has not already been held, the anticipated date of the election.(g)
A description of any efforts by the applicant to coordinate capital construction projects with local governmental entities or community-based or other organizations that provide facilities or services that benefit the community in order to more efficiently or effectively provide such facilities or services, including but not limited to a description of any financial commitment received from any such entity or organization that will allow better leveraging of any financial assistance awarded;(g.5)
If deemed relevant by the applicant, a statement of the applicant’s annualized utility costs, including electricity, natural gas, propane, water, sewer, waste removal, telecommunications, internet, or other monthly billed utility services, and the amount of any reduction in such costs expected to result if the applicant receives financial assistance; and(h)
Any other information that the board may require for the evaluation of the project.(5)
The board, taking into consideration the financial assistance priority assessment conducted pursuant to section 22-43.7-108, shall prioritize applications that describe public school facility capital construction projects deemed eligible for financial assistance based on the following criteria, in descending order of importance:(B)
As used in this subsection (5)(a)(I), “technology” means hardware, devices, or equipment necessary for individual student learning and classroom instruction, including access to electronic instructional materials, or necessary for professional use by a classroom teacher.(II)
In prioritizing an application for a public school facility renovation project that will address safety hazards or health concerns, the board shall consider the condition of the entire public school facility for which the project is proposed and determine whether it would be more fiscally prudent to replace the entire facility than to provide financial assistance for the renovation project.(b)
Projects that will relieve overcrowding in public school facilities, including but not limited to projects that will allow students to move from temporary instructional facilities into permanent facilities;(b.5)
Projects that will provide career and technical education capital construction in public school facilities; and(c)
Repealed.(c.3)
Projects that assist public schools to replace prohibited American Indian mascots as required by section 22-1-133 (2).(d)
All other projects.(6)
The board may request that the division undertake a preliminary review of any or all applications for financial assistance, and the board may also request that any department, agency, or institution of state government with expertise or experience in construction management provide assistance to the board with regard to the evaluation of such applications for financial assistance.(7)
Intentionally left blank —Ed.(a)
Pursuant to the timelines established pursuant to subsection (2) of this section for any fiscal year for which financial assistance is to be awarded, and after prioritizing public school facility capital construction projects as specified in subsection (5) of this section, the board shall submit to the state board a prioritized list of projects for which the board recommends the provision of financial assistance. The prioritized list must include the board’s recommendation as to the amount and type of financial assistance to be provided and a statement of the source and amount of applicant matching money for each recommended project based upon information provided by the applicant. The board may recommend that any specific project only receive financial assistance if another higher priority project or group of projects becomes ineligible for financial assistance due to the inability of an applicant to raise required matching money by a deadline prescribed by the board as a condition of a financial assistance award for the higher priority project or group of projects. If an applicant is approved for an award of financial assistance as an alternate award recipient and the applicant successfully raises required matching money through voter-approval of a ballot question for contracting bonded indebtedness but does not actually receive financial assistance because all primary award recipients or higher priority alternate award recipients also successfully raised required matching money, the alternate award recipient may resubmit its application for financial assistance as previously approved during the next application cycle. If the board, in consultation with the state treasurer, determines that the combination of matching money raised by the alternate award recipient, plus either unspent proceeds from completed financed purchase of an asset or certificate of participation agreements or money to be raised through entry into an additional financed purchase of an asset or certificate of participation agreement that the state has the capacity to execute, or both, are sufficient to fund the applicant’s project, the board may award financial assistance to the applicant and, if necessary, order the state treasurer to enter into a financed purchase of an asset or certificate of participation agreement on behalf of the state. The state board shall review and make decisions regarding the prioritized list no later than June 20 of each year and may approve, disapprove, or modify the provision of financial assistance for any project recommended by the board if the state board concludes that the board misinterpreted the results of the prioritization assessment conducted pursuant to section 22-43.7-108 or misapplied the prioritization criteria specified in subsection (5) of this section. The state board shall specifically explain in writing its reasons for finding that the board misinterpreted the results of the priority assessment or misapplied the prioritization criteria when disapproving or modifying any financial assistance award recommended by the board.(b)
No later than June 25 of each year, the state board shall submit to the capital development committee a revised prioritized list that includes only those projects for which the state board is recommending awards of financial assistance that involve financed purchase of an asset or certificate of participation agreements. The state board shall submit with the list the information regarding the details of the financing of the listed projects that the board submitted to the state board as required by subsection (7)(a) of this section. No later than July 15 of each year, the capital development committee may approve the list or may disapprove the list if the committee concludes that the inclusion of one or more of the projects on the list will unreasonably increase the cost of providing financial assistance that involves financed purchase of an asset or certificate of participation agreements for all of the projects on the list. If the capital development committee does not approve or disapprove the list by July 15, it is deemed to have approved the list as submitted.(c)
If the capital development committee disapproves the revised prioritized list, it shall provide its reasons for doing so in writing to the board no later than July 20. No later than August 1, the board may resubmit the list with modifications or additional information, or both, that address the committee’s concerns. No later than August 15, the capital development committee may approve the entire resubmitted list or may disapprove one or more projects on the resubmitted list if the committee again concludes that the inclusion of the project or projects will unreasonably increase the cost of providing financial assistance that involves financed purchase of an asset or certificate of participation agreements for all of the projects on the list. If the capital development committee disapproves a project on the resubmitted list, the project shall not receive financial assistance that involves financed purchase of an asset or certificate of participation agreements, and the remaining projects on the resubmitted list shall receive such financial assistance as recommended by the state board. If the capital development committee does not approve or disapprove the resubmitted list by August 15, it is deemed to have approved the list as resubmitted.(8)
Intentionally left blank —Ed.(a)
Notwithstanding any other provision of this section, in the event of a public school facility emergency, an entity that may be an applicant and that is operating in the affected public school facility may submit an application to the board for emergency financial assistance to address the emergency. The application shall disclose any insurance proceeds, cash reserves, or capital construction reserves available to pay the costs of addressing the emergency, and insurance proceeds that become available only after an applicant has received emergency financial assistance shall be used first to reimburse the assistance fund for the emergency financial assistance. The board shall meet within fifteen days of receiving the application to determine whether to recommend to the state board that emergency financial assistance be provided, the amount of any assistance recommended to be provided, and any recommended conditions that the applicant must meet to receive the assistance. The state board shall meet within five days of receiving the board’s recommendations to determine whether to authorize the board to award emergency financial assistance as recommended by the board, modify the recommended award of assistance, or prohibit the board from awarding assistance. The board may use any unencumbered and unexpended moneys in the assistance fund, including the emergency reserve of the assistance fund, to provide emergency financial assistance. The board may use up to ten percent of the moneys in the assistance fund that have been transferred to the fund pursuant to section 22-43.7-104 (2)(d) during the applicable fiscal year to prioritize financial assistance to applicants pursuant to paragraph (c) of this subsection (8).(b)
As used in this subsection (8), “public school facility emergency” means an unanticipated event that makes all or a significant portion of a public school facility unusable for educational purposes or threatens the health or safety of persons using the public school facility.(c)
An entity that may be an applicant, that is operating a public school facility that is located in an area of the state in which the governor declared a disaster emergency pursuant to section 24-33.5-704 (4), C.R.S., and that experienced a public school facility emergency as a result of the disaster emergency may apply to the board for emergency financial assistance to address the emergency pursuant to this subsection (8). In determining whether to recommend to the state board that emergency financial assistance be provided, the amount of any assistance recommended to be provided, and any recommended conditions that the applicant must meet to receive assistance, the board shall consider the findings that the division provided to the board pursuant to section 22-43.7-105 (3). Based on the criteria specified in paragraph (b) of subsection (10) of this section, the board may waive or reduce the matching moneys requirement specified in subsection (9) of this section for any recipient of emergency financial assistance pursuant to this paragraph (c).(9)
Except as otherwise provided in subsections (10) and (15) of this section, the board may recommend and the state board may approve financial assistance that does not involve a financed purchase of an asset or certificate of participation agreement for or recommend to the capital development committee the approval of financial assistance that involves a financed purchase of an asset or certificate of participation agreement for a public school facility capital construction project only if the applicant provides matching money in an amount equal to a percentage of the total financing for the project determined by the board after consideration of the applicant’s financial capacity, as determined by the following factors:(a)
With respect to a school district’s application for financial assistance:(I)
The school district’s assessed value per pupil relative to the state average;(II)
The school district’s median household income relative to the state average;(III)
The total dollar amount of all school district mills, per capita, relative to the statewide average;(IV)
The percentage of pupils enrolled in the school district who are eligible for free or reduced-cost lunch;(V)
The school district’s current available bond capacity remaining; and(VI)
Repealed.(VII)
The amount of effort put forth by the school district to obtain voter approval for a ballot question for bonded indebtedness, including but not limited to a ballot question for entry by the district into a sub-financed purchase of an asset or certificate of participation agreement of the type that constitutes an indebtedness of the district pursuant to section 22-32-127, during the ten years preceding the year in which the district submitted the application, which factor may be used only to reduce the percentage of matching money required from a district that has put forth such effort and not to increase the amount of matching money required from any district;(b)
With respect to a board of cooperative services’ application for financial assistance:(I)
The average assessed value per pupil of all members of the board of cooperative services participating in the capital construction project relative to the state average;(II)
The average median household income of all members of the board of cooperative services participating in the capital construction project relative to the state average;(III)
The average total dollar amount of all school district mills, per capita, of all members of the board of cooperative services participating in the capital construction project relative to the statewide average;(IV)
The percentage of pupils enrolled in the member schools within the board of cooperative services that are participating in the capital construction project who are eligible for free or reduced-cost lunch;(V)
The average available bond capacity remaining of all members of the board of cooperative services participating in the capital construction project; and(VI)
Repealed.(VII)
The amount of effort put forth by the members of the board of cooperative services to obtain voter approval for a ballot question for bonded indebtedness, including but not limited to a ballot question for entry by any member into a sub-financed purchase of an asset or certificate of participation agreement of the type that constitutes an indebtedness of the member pursuant to section 22-32-127, during the ten years preceding the year in which the board of cooperative services submitted the application. This factor may be used only to reduce the percentage of matching money required from a board of cooperative services if one or more of its members have put forth such effort and may not be used to increase the amount of matching money required from any board of cooperative services.(c)
Intentionally left blank —Ed.(I)
With respect to a charter school’s application for financial assistance, and subject to adjustment pursuant to subsections (9)(c)(II) to (9)(c)(V) of this section:(A)
For a district charter school that is occupying a district facility and paying only the direct costs of occupancy for its facility pursuant to section 22-30.5-104 (7)(c), the match percentage of the district charter school’s authorizing district;(B)
For district charter schools that are not included in subsection (9)(c)(I)(A) of this section, seventy-five percent of the match percentage of the district charter school’s authorizing school district; or(C)
Fifty percent of the average match percentages for all school districts in the state for an institute charter school;(II)
Whether a district charter school’s authorizer retains no more than ten percent of its capacity to issue bonds pursuant to article 42 of this title;(III)
In the ten years preceding the year in which the charter school submits the application, the number of times the charter school has sought or been afforded:(A)
Grant funding for capital needs from a source other than the assistance fund; and(B)
Funding, including financing, for capital construction, other than state aid pursuant to section 22-54-124 from any other source;(IV)
If the charter school is a district charter school, the student enrollment of the district charter school as a percentage of the student enrollment of the charter school’s authorizing school district; and(V)
The percentage of students enrolled in the charter school who are eligible for the federal free and reduced-cost lunch program in relation to the overall percentage of students enrolled in the public schools in the state who are eligible for the federal free and reduced-cost lunch program.(9.5)
Intentionally left blank —Ed.(a)
For the 2023-24 state fiscal year, the board shall allocate forty-nine million seven hundred five thousand two hundred twenty dollars of the annual appropriation for public school capital construction assistance board cash grants for the purpose of funding supplemental grants related solely to cost overruns in projects approved pursuant to this part 1 that are caused by COVID-19 pandemic-related inflationary pressures and supply chain disruptions. This funding is available for supplemental grants that are requested through the regular 2023-24 grant cycle. Any money remaining for supplemental grants after awards for supplemental grants are made during the regular grant cycle shall be available for a second 2023-24 supplemental grant cycle described in subsection (9.5)(b) of this section. Notwithstanding other deadlines in this section to the contrary, the second grant cycle must provide for additional requests following the timelines and requirements established by the board and subject to subsections (9.5)(b) and (9.5)(c) of this section. Any money remaining after the supplemental grants are awarded in the second 2023-24 grant cycle must be awarded to fund new projects under this part 1 that were not awarded funding in the initial grant round conducted pursuant to subsection (7)(a) of this section.(b)
Entities that were awarded capital construction assistance grants for fiscal year 2020-21 or fiscal year 2021-22 that have not been able to complete their projects as planned due to inflation and for whom inflationary needs were not adequately addressed through supplemental grants awarded in the fiscal year 2022-23 award cycle are eligible to apply through June 15, 2023, for funding through the second 2023-24 fiscal year grant cycle. The board shall determine the requirements of the supplemental grant process for supplemental projects and determine awards no later than August 17, 2023. Supplemental grant requests must be submitted on an application provided by the division. Supplemental grants must be awarded as necessary to preserve the integrity of the project goals as initially approved by the board and the state board without expansion of initial project scope.(c)
Notwithstanding subsection (7)(a) of this section or any other provision of this part 1 to the contrary, the board has the sole power to award supplemental grants pursuant to this subsection (9.5) and is not required to obtain the approval of the state board or any other entity before awarding supplemental grants.(d)
Except as provided in subsections (9.5)(b) and (9.5)(c) of this section, the second 2023-24 fiscal year grant cycle must comply with the provisions of this article 43.7.(e)
This subsection (9.5) is repealed, effective July 1, 2027.(10)
Intentionally left blank —Ed.(a)
A school district shall not be required to provide any amount of matching moneys in excess of the difference between the school district’s limit of bonded indebtedness, as calculated pursuant to section 22-42-104, and the total amount of outstanding bonded indebtedness already incurred by the school district.(b)
An applicant may apply to the board for a waiver or reduction of the matching moneys requirement specified in subsection (9) of this section. The board may grant a waiver or reduction if it determines that the waiver or reduction would significantly enhance educational opportunity and quality within a school district, board of cooperative services, or applicant school, that the cost of complying with the matching moneys requirement would significantly limit educational opportunities within a school district, board of cooperative services, or applicant school, or that extenuating circumstances deemed significant by the board make a waiver appropriate.(c)
The amount of bonded indebtedness that a school district that is a member of a board of cooperative services incurs in order to provide matching moneys for the board of cooperative services shall not constitute bonded indebtedness of the school district subject to the limits on bonded indebtedness specified in section 22-42-104.(11)
In determining the amount of each recommended award of financial assistance, the board shall seek to be as equitable as practicable by considering the total financial capacity of each applicant.(12)
Notwithstanding any provision of this section to the contrary, the match percentage for a charter school calculated pursuant to paragraph (c) of subsection (9) of this section shall not be higher than the highest match percentage for a school district, or lower than the lowest match percentage for a school district, in the same grant cycle.(13)
For fiscal year 2018-19 and for each succeeding fiscal year, the board, with the support of the division and subject to the approval of the state board regarding financial assistance awards as specified in this section, may provide financial assistance in the form of technology grants. In conjunction with its establishment of an annual financial assistance timeline as required by subsection (2)(a) of this section, the board shall annually notify all potential applicants, by such means as the board deems appropriate, that it will accept and consider applications for financial assistance in the form of technology grants. To be eligible for a technology grant, an applicant for financial assistance must apply specifically for such a grant in accordance with the financial assistance timeline established by the board pursuant to subsection (2)(a) of this section and must submit an application in the form prescribed by the board pursuant to subsection (4) of this section. The board may award a technology grant to fund technology, including but not limited to communications and internet connectivity technology, technology for individual student learning and classroom instruction, and technology as defined in subsection (5)(a)(I)(B) of this section.(14)
For fiscal year 2019-20 and for each succeeding fiscal year, the board, with the support of the division and subject to the approval of the state board regarding financial assistance awards as specified in this section, may provide financial assistance in the form of career and technical education capital construction grants. In conjunction with its establishment of an annual financial assistance timeline as required by subsection (2)(a) of this section, the board shall annually notify all potential applicants, by such means as the board deems appropriate, that it will accept and consider applications for financial assistance in the form of career and technical education capital construction grants. To be eligible for a career and technical education capital construction grant, an applicant for financial assistance must apply specifically for that grant in accordance with the financial assistance timeline established by the board pursuant to subsection (2)(a) of this section and must submit an application in the form prescribed by the board pursuant to subsection (4) of this section. The board may award career and technical education capital construction grants to fund career and technical education capital construction projects. In awarding grants, the board shall consider whether each grant application describes a career and technical education capital construction project that concerns a professional field that is identified as a key industry in the most recent annual Colorado talent report produced by the state work force development council pursuant to section 24-46.3-103 (3). Nothing in this subsection (14) prohibits the board from considering other factors in awarding and denying career and technical education capital construction grants.(15)
Repealed.
Source:
Section 22-43.7-109 — Financial assistance for public school capital construction - application requirements - evaluation criteria - local match requirements - technology grants - career and technical education capital construction grants - rules - definitions - repeal, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-22.pdf (accessed Oct. 20, 2023).
Up to date