1 Colo. Code Regs. § 303-3-1

Current through Register Vol. 47, No. 22, November 25, 2024

Section 1 CCR 303-3-1 - Definitions

1.1. "Applicant" means an entity that submits an Application for Financial Assistance to the Board, including:

1.1.1. A School District;

1.1.2. A District Charter School;

1.1.3. An Institute Charter School;

1.1.4. A Board of Cooperative Educational Services (BOCES);

1.1.5. The Colorado School for the Deaf and Blind.

1.2. "Application" means the Application for Financial Assistance submitted by an Applicant.

1.3. "Assistance Fund" means the public school capital construction assistance fund created in § 22-43.7-104(1) C.R.S.

1.4. "Authorizer" means the School District that authorized the charter contract of a Charter School or, in the case of an Institute Charter School, as defined in § 22-43.7-106(1) C.R.S., the State Charter School Institute created and existing pursuant to § 22-30.5-502(6) C.R.S.

1.5. "BEST Act" means § 22-43.7-101 C.R.S. et seq.

1.6. "BEST Lease-purchase Funding" means funding from a sublease-purchase agreement entered into between the state and an entity as described in 2.1 pursuant to § 22-43.7-110(2) C.R.S.

1.7. "BEST Cash Grant" means cash funding as a matching grant.

1.8. "BEST Emergency Grant" means a request for Financial Assistance in connection with a Public School Facility Emergency.

1.9. "Board" means the Public School Capital Construction Assistance Board created in § 22-43.7-106 (1) C.R.S.

1.10. "Board of Cooperative Educational Services" or "BOCES" means a Board of Cooperative Services created and existing pursuant to § 22-5-104 C.R.S. that is eligible to receive State moneys pursuant to § 22-5-114 C.R.S.

1.11. "Capital Construction" has the same meaning as set forth in § 24-30-1301 (2); C.R.S. except that the term also includes technology, as defined in § 22-43.7-109 (5)(a)(I)(B)

1.12. "Capital Renewal Reserve" means moneys set aside by an Applicant that has received an award for a project for the specific purpose of replacing major Public School Facility systems with projected life cycles such as, but not limited to, roofs, interior finishes, electrical systems and heating, ventilating, and air conditioning systems.

1.13. "Charter School" means a Charter School as described in § 22-54-124 (1) (f.6)(I)(A) or (1)(f.6)(I)(B) C.R.S.

1.14. "Eligible Charter School" means a qualified charter school that is eligible for the Loan Program as defined in § 22-30.5-408(1)(c) C.R.S. and authorized to receive financial assistance pursuant to 22-43.7-103(7) C.R.S.

1.15. "Division" means the Division of Public School Capital Construction Assistance created in § 22-43.7-105 C.R.S.

1.16. "Financial Assistance" means BEST Cash Grants; BEST Lease-purchase Funding; BEST Emergency Grants; funding provided as matching grants by the Board from the Assistance Fund to an Applicant; or any other expenditure made from the Assistance Fund for the purpose of financing Public School Facility Capital Construction as authorized by the BEST Act.

1.17. "Grantee" means a School District, Charter School, Institute Charter School, BOCES or the Colorado School for the Deaf and Blind that has applied for Financial Assistance and received an award.

1.18. "Institute Charter School" means a Charter School chartered by the Colorado State Charter School Institute pursuant to § 22-30.5-507 C.R.S.

1.19. "Loan Program" means the charter school matching moneys loan program pursuant to 22-43.7-110.5 C.R.S.

1.20. "Matching Moneys" means moneys required to be used directly to pay a portion of the costs of a Public School Facility Capital Construction project by an Applicant as a condition of an award of Financial Assistance to the Applicant pursuant to § 22-43.7-109 (9) C.R.S and/or 22-43.7-110(2) C.R.S.

1.21. "Project" means the Capital Construction Project for which Financial Assistance is being requested.

1.22. "Public School Facility" means a building or portion of a building used for educational purposes by a School District, Charter School, Institute Charter School, a Board of Cooperative Education Services, the Colorado School for the Deaf and Blind created and existing pursuant to § 22-80-102(1)(a) C.R.S., including but not limited to school sites, classrooms, data centers, libraries and media centers, cafeterias and kitchens, auditoriums, multipurpose rooms, and other multi-use spaces; except that "Public School Facility" does not include a learning center, as defined in § 22-30.7-102(4) C.R.S., that is not used for any other public school purpose and is not part of a building otherwise owned, or leased in its entirety, by a School District, a Board of Cooperative Education Services, a Charter School, Institute Charter School, or the Colorado School for the Deaf and Blind for educational purposes.

1.23. "Public School Facility Construction Guidelines" means Public School Facility Construction Guidelines as established in § 22-43.7-107 C.R.S.

1.24. "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 poses an imminent threat to the health or safety of persons using the Public School Facility.

1.25. "School District" means a School District, other than a junior or community college district, organized and existing pursuant to law in Colorado pursuant to § 22-43.7-103 (14) C.R.S.

1.26. "State Board" means the State Board of Education created and existing pursuant to section 1 of article IX of the State Constitution.

1.27. "Statewide Assessment" means the Financial Assistance priority assessment conducted pursuant to § 22-43.7-108 C.R.S.

1 CCR 303-3-1

38 CR 01, January 10, 2015, effective 1/30/2015

39 CR 21, November 10, 2016, effective 11/30/2016

40 CR 23, December 10, 2017, effective 12/30/2017

42 CR 01, January 10, 2019, effective 1/30/2019

42 CR 23, December 10, 2019, effective 1/1/2020

45 CR 07, April 10, 2022, effective 4/30/2022

45 CR 24, December 25, 2022, effective 1/14/2023

46 CR 21, November 10, 2023, effective 12/15/2023