C.R.S. Section 22-54-102
Legislative declaration

  • statewide applicability
  • intergovernmental agreements

(1)

The general assembly hereby finds and declares that this article is enacted in furtherance of the general assembly’s duty under section 2 of article IX of the state constitution to provide for a thorough and uniform system of public schools throughout the state; that a thorough and uniform system requires that all school districts and institute charter schools operate under the same finance formula; and that equity considerations dictate that all districts and institute charter schools be subject to the expenditure and maximum levy provisions of this article. Accordingly, the provisions of this article concerning the financing of public schools for budget years beginning on and after July 1, 1994, shall apply to all school districts and institute charter schools organized under the laws of this state.

(2)

The general assembly hereby finds and declares that in enacting this article it has adopted a formula for the support of schools for the 1994-95 budget year and budget years thereafter; however, the adoption of such formula in no way represents a commitment on the part of the general assembly concerning the level of total funding for schools for the 1995-96 budget year or any budget year thereafter.

(3)

Intentionally left blank —Ed.

(a)

Nothing in this article shall be construed to prohibit local governments from cooperating with school districts through intergovernmental agreements to fund, construct, maintain, or manage capital construction projects or other facilities as set forth in section 22-45-103 (1)(c)(I)(A) or (1)(c)(I)(D), including, but not limited to, swimming pools, playgrounds, or ball fields, as long as funding for such projects is provided solely from a source of local government revenue that is otherwise authorized by law except impact fees or other similar development charges or fees.

(b)

Notwithstanding any provision of paragraph (a) of this subsection (3) to the contrary, nothing in this subsection (3) shall be construed to:

(I)

Limit or restrict a county’s power to require the reservation or dedication of sites and land areas for schools or the payment of moneys in lieu thereof pursuant to section 30-28-133 (4)(a), C.R.S., or to limit a local government’s ability to accept and expend impact fees or other similar development charges or fees contributed voluntarily on or before December 31, 1997, to fund the capital projects of school districts according to the terms of agreements voluntarily entered into on or before June 4, 1996, between all affected parties;

(II)

Repealed.

(III)

Grant authority to local governments to require the reservation or dedication of sites and land areas for schools or the payment of moneys in lieu thereof; however, the prohibition on impact fees or other similar development charges or fees contained in this subsection (3) shall not be construed to restrict the authority of any local government to require the reservation or dedication of sites and land areas for schools or the payment of moneys in lieu thereof if such local government otherwise has such authority granted by law.

(4)

If the December 2015 revenue forecast prepared by the legislative council staff estimates that the amount of local property tax revenues that will be available to districts for the 2015-16 budget year will be greater than the amount estimated in the December 2014 revenue forecast, it is the intent of the general assembly, through the supplemental appropriations process during the 2016 regular legislative session, to maintain and not reduce state appropriations for school finance funding after consideration of other forecast changes, including changes in the number of pupils and at-risk pupils enrolled, the inflation rate, and the expected state education fund revenues.

(5)

Intentionally left blank —Ed.

(a)

The general assembly finds that, due to the COVID-19 pandemic beginning during the 2019-20 school year, Colorado’s public education system has faced significant disruptions to the delivery of classroom instruction, student learning, and access to critically necessary nutritional, health, and social-emotional support services. Therefore, the general assembly finds that:

(I)

A world-class public education is critical to meeting the workforce demands for Colorado’s economy;

(II)

The changing realities of Colorado’s post-pandemic economy demand that students be agile learners able to continuously learn, adapt, and shift into new roles by developing critical thinking, collaboration, and problem-solving skills; and

(III)

The needs of the state require that all students, including those who are underserved or face significant challenges in meeting Colorado’s graduation guidelines, complete high school career and college ready.

(b)

To provide each child in this state with a high-quality public education, the general assembly declares that Colorado’s public school finance formula must be redesigned and modernized to:

(I)

Prioritize equity, focusing on individual student needs by increasing the funding for students who are economically disadvantaged and students who are English language learners; and

(II)

Address the inequities in school district funding that arise from the dramatic differences in local property wealth and mill levy overrides.

(c)

Further, the general assembly declares that, because English language learner funding will now be included in the school finance formula, it is appropriate to fund this inclusion by redirecting to the state share of total program the amount previously appropriated for the professional development and student support program created in section 22-24-108. The general assembly further declares that the remaining costs of the school finance formula changes are offset by the savings to the state share of total program that occur as a result of correcting the unauthorized reductions in district property tax mill levies as provided in section 22-54-106 (2.1).

Source: Section 22-54-102 — Legislative declaration - statewide applicability - intergovernmental agreements, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-22.­pdf (accessed Oct. 20, 2023).

22‑54‑101
Short title 22‑54‑102
Legislative declaration - statewide applicability - intergovernmental agreements 22‑54‑103
Definitions 22‑54‑104
District total program - definitions - repeal 22‑54‑104.1
General fund appropriations requirements - maintenance of effort base 22‑54‑104.2
Legislative declaration 22‑54‑104.3
Total program for budget years - special provisions 22‑54‑104.6
Implementation of at-risk measure - working group - creation - department duties - reports - legislative declaration - definitions - repeal 22‑54‑104.7
Public school finance - task force - creation - duties - report - definitions - repeal 22‑54‑105
Instructional supplies and materials - capital reserve and insurance reserve - at-risk funding - preschool funding 22‑54‑106
Local and state shares of district total program - legislative declaration - definition - repeal 22‑54‑106.5
Fiscal emergency restricted reserve - calculation of reserve amount 22‑54‑107
Buy-out of categorical programs - total program reserve fund levy 22‑54‑107.5
Authorization of additional local revenues for supplemental cost of living adjustment 22‑54‑107.9
Override mill levy match - calculation - distribution - fund created - legislative declaration - definitions 22‑54‑108
Authorization of additional local revenues - definitions 22‑54‑108.5
Authorization of additional local revenues for full-day kindergarten - definitions 22‑54‑108.7
Authorization of additional local revenues for cash funding of capital construction, new technology, existing technology upgrade, and maintenance needs - definition 22‑54‑109
Attendance in district other than district of residence 22‑54‑110
Loans to alleviate cash flow deficits - financed purchase of an asset agreements 22‑54‑111
Adjustments in valuation for assessment 22‑54‑112
Reports to the state board 22‑54‑113
County public school fund 22‑54‑114
State public school fund - repeal 22‑54‑115
Distribution from state public school fund 22‑54‑116
Notice to taxpayers - assistance by department of education 22‑54‑117
Contingency reserve - fund - repeal 22‑54‑118
Joint districts 22‑54‑119
General provisions 22‑54‑120
Rules and regulations 22‑54‑122
Small attendance center aid 22‑54‑123
Russell national school lunch act - appropriation of state matching funds 22‑54‑123.5
School breakfast program - appropriation - low-performing schools 22‑54‑124
State aid for charter schools - use of state education fund money - definitions 22‑54‑126
Declining enrollment districts with new charter schools - additional aid - definitions 22‑54‑129
Facility school funding - definitions - legislative declaration 22‑54‑136
At-risk per pupil additional funding - definitions 22‑54‑138
Career development success program - created - funding - report - legislative declaration - definitions - repeal 22‑54‑139
Additional funding for schools - use of retail marijuana sales tax revenue transferred to state public school fund - definitions 22‑54‑145
Additional funding for rural schools - 2023-24 budget year - definitions - repeal 22‑54‑146
Hold-harmless at-risk funding - 2023-24 budget year - repeal
Green check means up to date. Up to date

Current through Fall 2024

§ 22-54-102’s source at colorado​.gov