1 Colo. Code Regs. § 301-39-5

Current through Register Vol. 48, No. 1, January 10, 2025

Section 1 CCR 301-39-5 - Determination of Membership and Funded Pupil Count Enrollment

5.01 A district's pupil membership and funded pupil count shall include only pupils enrolled in the district and in attendance in the district or educational program with which the district has contracted to provide instructional services.

5.01(1) No pupil shall be counted in a district's funded pupil count more than one full-time equivalent. A pupil in membership in two or more districts or in two or more eligible educational entities shall not be counted in the state's funded pupil count more than one full-time equivalent in total.

5.01(2) A pupil included in a district's full-time membership shall equal one full-time equivalent (1.0) for purposes of the district's funded pupil count, and a pupil included in a district's part-time membership shall equal one-half of one full-time equivalent (0.5) for purposes of the district's funded pupil count.

5.01(3) Following the November 10 data submission (as described in 2.02(1) of this section), pupils counted in membership by multiple districts, such that the pupil exceeds one full-time equivalent in the state's funded pupil count will be included in the state's duplicate count process as determined by the Department. During the duplicate count process, the Department will evaluate appropriate documentation submitted by each district to determine which district may include the pupil in membership.

5.01(4) A district may only enroll pupils in a school authorized to serve the grades in which the pupils will be enrolled. Authorized to serve means the grades were included in the contract with the authorizer (if applicable) and the school has a school code that reflects the relevant grades.

5.02 A pupil shall be "enrolled" during the school year if such pupil attends a public school, or educational program with which the district has contracted to provide instructional services, at any time on or prior to the applicable count date.

5.02(1) Enrollment must be evidenced by the receiving district with official registration, entry date of pupil, and official individual class schedule dated on or before the applicable count date, as well as the date the pupil first attended on or before the applicable count date.

5.02(2) A district shall record withdrawals and transfers as of the last date of attendance prior to the date the pupil or the pupil's parent or guardian gives oral or written notification of the withdrawal or transfer.

5.03 A pupil shall be in "attendance" if one or more of the following apply.

5.03(1) The pupil is in attendance for all or any portion of the applicable count date.

5.03(1)(a) For pupils exclusively enrolled in alternative teacher-pupil instruction (as defined in these rules), the district must provide attendance verification based upon direct teacher-pupil interaction or evidence of student engagement with course content. The Department will outline additional details in the Student October Count Audit Resource Guide. Districts may obtain pre-approval from the Department to include other forms of attendance verification.

5.03(2) The pupil is not in attendance on the applicable count date, for any reason but has been in attendance with the reporting district at some time prior to the applicable count date during the current school year, has not withdrawn or transferred from the district, and has resumed attendance within 30 calendar days after the applicable count date.

5.03(2)(a) A pupil who is not in attendance on the applicable count date or within 30 days following the applicable count date, but has established attendance prior to the applicable count date, may be considered in attendance if the student is identified as truant and the district has taken legal action as outlined in Article 33 of Title 22, C.R.S., to compel the pupil's attendance. A district shall document that it has notified the pupil's parent or guardian of its request for action by the court or of its directive to its attorney to file a request with the court. A district shall also document that it has made such a request of the court within 10 school days of the applicable count date. Nothing in this section 5.03(2)(a) modifies the rules for counting dropouts or attendance under 1 CCR 301-1 and 1 CCR 301-78.

5.03(2)(b) A pupil that has established attendance within the school year prior to the applicable count date, is expelled, and, within 30 calendar days following the applicable count date, (1) resumes attendance, (2) begins receiving educational services under an Individual Educational Plan (IEP), or (3) begins receiving educational services under Section 22-33-203(2)(c), C.R.S., is enrolled and in attendance for purpose of these Rules.

5.03(2)(c) A pupil that has established attendance within the school year prior to the applicable count date, begins receiving home-bound services, and, within 30 calendar days following the applicable count date, (1) resumes attendance or (2) begins receiving educational services under an Individual Educational Plan (IEP) is enrolled and in attendance for purpose of these Rules.

5.04 Pupils that first establish attendance after the applicable count date but within the applicable 11-day count period may be included in a district's pupil membership only if one of the following exceptions applies:

5.04(1) The pupil (1) moves to Colorado within 30 calendar days preceding the district's applicable count date and (2) establishes attendance after the applicable count date, but before the end of the 11-day count period.

5.04(2) The pupil (1) established attendance during the current school year prior to the applicable count date in any Colorado public school district, (2) transfers and establishes attendance in the receiving district after the applicable count date, but before the end of the 11-day count period, and (3) does not meet the attendance requirements for funding at the sending district.

5.05 A district shall count a pupil in full-time funded pupil count, if (1) the pupil is enrolled and in attendance as of the applicable count day pursuant to these Rules, and (2) the pupil has a schedule that provides at least 360 hours of Instructional Time (as defined in these Rules) in the semester of the applicable count date.

5.05(1) A pupil receiving services under an IEP which states the pupil is unable to benefit from a full-time program of services and explicitly describes how the pupil's disability affects their involvement, progress, and participation in appropriate activities such that the student would not be able to meet the full-time scheduling requirement, shall be deemed to meet the requirements of this section 5.05.

5.05(2) A pupil who completes one school year of enrollment in a half-day kindergarten educational program and does not advance to first grade, pursuant to Section 22-7-1207, C.R.S., is counted as a full-day pupil for the second year in which the pupil is enrolled in the half-day kindergarten educational program.

5.06 A district shall count a pupil in part-time funded pupil count, if (1) the pupil is enrolled and in attendance as of the applicable count day pursuant to these Rules, and (2) the pupil has a schedule that provides at least 90 hours but less than 360 hours of Instructional Time (as defined in these Rules) in the semester of the applicable count date.

5.06(1) Unless a pupil is reported by the district as being in kindergarten, receiving services under an IEP, identified by the Department as being in their fifth year of high school or beyond, or identified as participating in High School Equivalency Diploma program, or identified as a home-based education student receiving educational services by the district, a district shall obtain documentation which describes the reasons the pupil is enrolled part-time and confirms how the pupil is compliant with the Compulsory school attendance requirements of Section 22-33-104, C.R.S.

5.06(2) A district may include home school pupils enrolled and attending a district educational program who meet the requirements of these Rules. A home school pupil is not eligible to be counted for more than a part-time funded pupil count (0.5 FTE).

5.06(3) A district may include private school pupils enrolled and attending a district educational program who meet the requirements of these Rules. A private school pupil is not eligible to be counted for more than a part-time funded pupil count (0.5 FTE).

5.07 For purposes of applying sections 5.03(2)(c), 5.03(2)(d), 5.05, and 5.06 of these Rules, the district shall utilize the pupil's home-bound or expelled schedule if the student has been receiving home-bound or expelled services since the start of the school year, or the pupil's schedule that was in place prior to beginning home-bound or expelled services if the pupil established attendance using that schedule during the current school year.

5.08 For pupils exclusively enrolled in alternative teacher-pupil instruction or any pupil that has a schedule that does not require the pupil's regular physical presence at the public school, the district must verify and document student residency in the State of Colorado upon enrollment and annually thereafter.

5.09 Pupils exclusively enrolled in online K-12 courses that take place off-site, but are not enrolled in an online school, must be enrolled in an online program. A student is not exclusively enrolled in online K-12 courses if they have at least one course scheduled to take place on-site, in-person, at a regularly scheduled time during regular school hours and where attendance is mandatory.

5.10 For pupils enrolled in and attending post-secondary courses:

5.10(1) A pupil may meet the attendance requirements of sections 5.03 and 5.04 by attending either the district school or the institution of higher education. A district shall document the attendance as of the applicable count date of all pupils included in its pupil membership who are enrolled in secondary courses and shall provide evidence of tuition payment for courses at institutions of higher learning.

5.10(2) Pupils enrolled only in courses offered by an institution of higher education may be counted in full-time funded pupil count if the number of semester credit hours for the courses in which the pupil is enrolled on the applicable count date is equivalent to a full-time pupil credit load as defined for the institution of higher education, or is equal to at least twelve semester credit hours.

5.10(3) Pupils enrolled only in courses offered by an institution of higher education may be counted in part-time funded pupil count if the number of semester credit hours for the courses in which the pupil is enrolled on the applicable count date is less than a full-time pupil credit load as defined for the institution of higher education or is less than twelve semester credit hours, but is at least three semester credit hours.

5.10(4) Pupils enrolled in both courses offered by the district and courses offered by an institution of higher education may be counted in full-time funded pupil count if the sum of the instructional hours in the district's educational program is at least 90 hours and the credit hours for the institution of higher education's courses is at least 3 semester credit hours.

5.10(5) If a pupil is enrolled in classes through the district only, sections 5.05 and 5.06 of these Rules apply.

5.10(6) A district shall keep at its central district office a record of pupils included in its pupil membership who are enrolled at institutions of higher learning as of the applicable count date, as well as a record of the class schedules of such pupils.

5.11 A district's pupil enrollment shall be the membership of the district as of the applicable count date and any adjustments for the following as applicable.

5.11(1) A pupil enrolled in a public school and receiving education services from another entity through a purchase agreement may be included in the district's enrollment. The district shall ensure that the educational service provider maintains documentation sufficient to demonstrate compliance with these rules. The district shall be prepared to provide the contract and evidence of payment for the entire cost of services used to determine funding eligibility. The district shall also be prepared to provide documentation from the educational provider that evidences funding criteria have been met, including, at minimum, the provider calendar, provider bell schedule, student attendance, student schedules, and the Department's annual statutory compliance assurances.

5.11(1)(a) Districts must ensure contractual education is of comparable quality and meet the same requirements and standards that would apply if performed by the school district as required by Section 22-32-122(3)(a), C.R.S.

5.11(2) A pupil receiving services from a district under Section 22-32-141, C.R.S., on the applicable count date may be included in the district's pupil enrollment. Pupils receiving services from a district under Section 22-32-141, C.R.S., who has established attendance within any Colorado public school district during the current school year prior to the applicable count date and resume attendance within 30 days after the applicable count date may be included in the district's pupil enrollment if the pupil is not included in any other district's pupil enrollment.

5.12 In the event a pupil meets the funding criteria at multiple districts, the Department will determine which district is eligible for funding. The following duplicate count process criteria will be considered in determining which district is eligible to submit the pupil for funding:

5.12(1) If one district is using the pupil enrollment count date and another is using an approved alternative count date, the district using the pupil enrollment count date is eligible to submit the pupil for funding.

5.12(2) If a pupil transfers on the pupil enrollment count date and meets the funding requirements at multiple districts on the pupil enrollment count date, the receiving district is eligible to submit the pupil for funding.

5.12(3) If a pupil transfers between two districts with approved alternative count dates and meets the funding requirements at both districts on their respective approved alternative count dates, the receiving district is eligible to include the pupil for funding.

5.12(4) If a pupil is enrolled part-time at two Colorado public schools (and is not a home-school or private school pupil), both reporting districts may be eligible to submit the pupil for a maximum of part-time funding, pending a review of documentation to confirm the pupil's eligibility.

5.12(5) If a home-school or private school pupil is simultaneously enrolled and receiving educational services at two different districts, and the pupil meets the part-time funding criteria at both, the district of primary residence is allowed to submit the pupil for funding.

5.12(6) If a pupil transfers from one Colorado public school district to another, after the pupil enrollment count date but within the 11-day count period, the pupil is eligible for funding at the receiving district only if the pupil did not meet the funding criteria at the sending district and the pupil established attendance during the current year in a Colorado public school prior to the pupil enrollment count date.

5.13 A pupil in a short-term detention center on the applicable pupil enrollment count date may be included in a district's pupil membership if they meet the following criteria:

5.13(1) The pupil was in attendance in the month preceding the count date, has not withdrawn from the district of residence, and the resident district received notification from the district in which the detention center is located verifying the pupil was in the detention center as of the pupil enrollment count day.

5.13(2) Students not in attendance in the month preceding the count date are eligible to be counted if the district of residence is also the district where the detention center is located. The district must enroll and establish a schedule with intent to have the pupil attend district schools after release from the detention center.

5.13(3) The district where the detention center is located (district of attendance) may count a pupil that is not eligible to be counted by the district of residence. The district of attendance must receive written verification from the district of residence stating that the pupil was not eligible to be counted by the district of residence. The district of attendance must provide the educational program at the detention center.

5.13(4) Pupils in detention centers are not considered facility placed students.

5.14 A pupil for whom a district either pays or receives any amount of tuition may be included in a district's pupil membership as follows:

5.14(1) A pupil for whom a district receives maximum tuition shall be included only in the pupil enrollment of the district which agrees to pay the tuition. In the event an individual and not a school district is to pay the tuition, no district shall include the pupil in its pupil enrollment.

1 CCR 301-39-5

43 CR 19, October 10, 2020, effective 10/30/2020

47 CR 08, April 25, 2024, effective 5/15/2024