C.R.S. Section 22-54-107
Buy-out of categorical programs

  • total program reserve fund levy

(1)

Intentionally left blank —Ed.

(a)

If a district levies the number of mills calculated pursuant to section 22-54-106 (2)(a)(II) for property tax years before the 2020 property tax year, or the number of mills calculated pursuant to section 22-54-106 (2.1)(c)(I) for the 2021 property tax year and property tax years thereafter, the district shall make an additional levy to generate property tax revenue in an amount equal to the amount of categorical support funds; except that the total of the two levies cannot exceed the lesser of the district’s levy for the immediately preceding year, the district’s allowable levy under the property tax revenue limitation imposed on the district by section 20 of article X of the state constitution if the district has not obtained voter approval to retain and spend revenues in excess of such property tax revenue limitation, or twenty-seven mills.

(b)

If a district levies the number of mills calculated pursuant to section 22-54-106 (2.1)(b)(I)(C) for the 2020 property tax year, the district shall make an additional levy to generate property tax revenue in an amount equal to the amount of categorical support funds; except that the total of the two levies cannot exceed the lesser of twenty-seven mills or the number of mills described in section 22-54-106 (2.1)(b)(I)(B).

(2)

When a district receives property tax revenue from the additional levy made pursuant to subsection (1) of this section or when a district has elected to keep excess property tax revenue collected during the 1992 calendar year pursuant to the provisions of section 22-44-103.5 (2)(b)(III)(C) or (2)(c)(III), the district shall use the property tax revenue to replace, on a pro rata basis, any categorical program support funds that the district would otherwise be eligible to receive from the state. The district shall replace the categorical program support funds by June 30 of the budget year in which the district collects the property tax revenue. The commissioner of education shall recover any unpaid categorical program support funds as provided in section 22-2-112 (6). The department of education shall use the amount of categorical program support funds replaced by property tax revenue pursuant to the provisions of this subsection (2) to make payments of categorical program support funds to eligible districts. If the appropriations for categorical programs are less than the total categorical program support funds to which districts are entitled under applicable provisions of law, the department of education shall apply the funds to categorical programs in the following order:

(a)

First, transportation aid pursuant to article 51 of this title;

(b)

Second, funds pursuant to the “English Language Proficiency Act”, article 24 of this title;

(c)

Third, small attendance center aid pursuant to section 22-54-122; and

(d)

Fourth, funds pursuant to the “Exceptional Children’s Educational Act”, article 20 of this title.

(3)

For purposes of this section, “categorical program support funds that the district would otherwise be eligible to receive from the state” means amounts that the district would have received from the state but that will be received instead from property tax revenues by reason of this section and includes funds pursuant to the “Exceptional Children’s Educational Act”, article 20 of this title 22; funds pursuant to the “English Language Proficiency Act”, article 24 of this title 22; transportation aid pursuant to article 51 of this title 22; small attendance center aid pursuant to section 22-54-122; and career and technical education aid pursuant to part 1 of article 8 of title 23. Funds received by an administrative unit under the “Exceptional Children’s Educational Act”, article 20 of this title 22, as reimbursement for services provided to children counted in the pupil enrollment of a district are considered as funds that a district would otherwise be eligible to receive for purposes of this subsection (3).

(4)

In a budget year in which the provisions of section 22-54-104 (5)(g) apply, the department of education shall use the amount of categorical program support funds replaced by property tax revenue pursuant to the provisions of section 22-54-104 (5)(g)(IV) and (5)(g)(V) to make payments of categorical program support funds to eligible districts as specified in subsection (2) of this section.

(5)

For the 2016-17 budget year and each budget year thereafter, if a district levies the number of mills calculated pursuant to section 22-54-106 (2)(a)(II), (2.1)(b)(I)(C), or (2.1)(c)(I), whichever is applicable, and the additional mill levy described in subsection (1) of this section for categorical support funds, and the combined total of the two levies is less than the number of mills that the district levied in the preceding budget year, the district, in addition to the two levies, shall assess a number of mills equal to the difference between the combined total of the two levies and the number of mills levied in the preceding budget year. The district shall deposit the property tax revenue collected from the mills levied pursuant to this subsection (5) in the total program reserve fund created in section 22-45-103 (1)(k).

Source: Section 22-54-107 — Buy-out of categorical programs - total program reserve fund levy, 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

§ 22-54-107’s source at colorado​.gov