Public School Finance

The act:

• Increases the statewide base per pupil funding for the 2023-24 budget year by $598.25, to account for inflation;
• Sets as the new statewide base per pupil funding amount $8,076.41 for the 2023-24 budget year; and
• Sets the target number for the 2023-24 budget year at not less than $9,101,600,922.

The act repeals the budget stabilization factor, effective July 1, 2024.

Current law includes a 5-year averaging provision, which determines a district's pupil count for each budget year by determining the greater of the funded pupil count for the applicable budget year or an average of one to 4 of the prior budget years. The act provides a similar averaging provision for the institute charter schools on a per-school basis.

For the 2023-24 budget year, the act appropriates $30 million for distribution to large rural districts and small rural districts, including district charter schools and each institute charter school whose accounting district is a large or small rural district. Large rural districts receive 55% of the appropriation, and small rural districts receive 45% of the appropriation. The act uses the districts' funded pupil count for the 2022-23 budget year.

For the 2023-24 budget year, a district's at-risk funding is the greater of the district's at-risk funding amount for the 2022-23 budget year or the 2023-24 budget year.

The act amends eligibility criteria for the mill levy override match program to exclude an otherwise eligible school district from receiving a state-funded override mill match if the sum of the district's override mills is equal to or greater than the district's override mill capacity, as defined by statute. For the 2023-24 budget year, the act transfers $23,376,536 from the state education fund to the mill levy override match fund.

For the 2023-24 budget year, the act appropriates $300,000 from the state education fund to the department of education (department) for the purpose of reimbursing schools for expenses related to replacing an American Indian mascot.

For the 2023-24 budget year, the act appropriates $10 million from the state education fund to be distributed to preschool providers that are a school of a school district, a district charter school, or an institute charter school, subject to requirements.

For the 2023-24 budget year, the act appropriates $1,058,115 from the state education fund to support universal screening to identify gifted children through second grade.

The act specifies that for the purpose of any law, with certain exceptions, that applies to or exempts a public entity or a public official, a charter school has the same status as a school district, and certain persons affiliated with the charter school have the same status as a complementary counterpart in a school district. Furthermore, the act clarifies the application of certain laws to charter schools.

The act permits the department, school districts, and institute charter schools to consider life-cycle costs when contracting for technology.

Under current law, every 3 years, the department is required to prepare a report and evaluation on the successes or failures of charter schools, school reform efforts, and suggested changes to laws affecting charter schools. The act makes this an annual requirement starting in the 2023-24 budget year.

Under current law, a new at-risk measure in the public school funding formula must be implemented in the 2023-24 budget year. The act extends the implementation of this requirement to the 2024-25 budget year and requires the department to conduct pre-implementation modeling and testing using the new at-risk measure and report modeling and testing findings to the education committees of the senate and house of representatives and the joint budget committee.

The act creates a public school finance task force for the purpose of examining and making recommendations concerning school finance. The task force is required to submit a report to the education committees of the senate and house of representatives and the joint budget committee by January 31, 2024. Furthermore, the task force is required to set parameters to examine the adequacy of school finance in Colorado, and the department is required to contract with 2 independent entities to report their findings by January 3, 2025. For the 2023-24 budget year, the act appropriates $408,625 from the state education fund for administration related to the implementation of the task force.

The act amends certain requirements for a charter school's application for financial assistance for public school capital construction.

The act extends child nutrition school lunch protection program funding to be used to offset the costs incurred by a facility school in providing lunch to students who are placed in the facility and eligible to participate in the program.

The act excludes the costs associated with providing for an independent evaluation from the 20% of the money appropriated to the Colorado imagination library program to be used by the contractor for operating costs.

Starting in the 2024-25 budget year, the act creates a formula for the funding of mill levy equalization for all institute charter schools.

For the 2023-24 budget year, the act appropriates:

• $2.5 million to the mill levy equalization fund from the general fund;
• $10 million to the department for state aid for charter school facilities; and
• $500,000 to the department for the purpose of translating individualized education program documents, contingent upon House Bill 23-1263 becoming law.

Makes an appropriation made in section 25 of the act effective only if House Bill 23-1263 becomes law.

APPROVED by Governor May 15, 2023

EFFECTIVE May 15, 2023

NOTE: House Bill 23-1263 became law, effective May 25, 2023.
(Note: This summary applies to this bill as enacted.)