Section 22-20-114 - Funding of programs - legislative declaration - repeal(1) Subject to the provisions of subsection (3) of this section, for the 2005-06 budget year and each budget year thereafter, the total amount appropriated to the department for the payment of costs incurred by administrative units for the provision of special education programs must be distributed to each administrative unit that provides educational services for children with disabilities as follows: (a)(I) Five hundred thousand dollars to administrative units that enroll children with disabilities: (A) For whom tuition is paid by the administrative units for the children to receive educational services at approved facility schools; and(B) For whom parental rights have been relinquished by the parents or terminated by a court, the parents of whom are incarcerated, the parents of whom cannot be located, the parents of whom reside out of the state but the department of human services has placed the children within the administrative unit, or children with disabilities who are legally emancipated.(II) The moneys appropriated pursuant to subparagraph (I) of this paragraph (a) shall be distributed in each budget year to administrative units based upon each administrative unit's share of the aggregate number of children with disabilities who are specified in subparagraph (I) of this paragraph (a); except that an administrative unit shall not receive an amount that exceeds the aggregate amount of tuition paid by that administrative unit for the specified children with disabilities to receive educational services at approved facility schools during the immediately preceding budget year. For purposes of this paragraph (a), the number of children with disabilities that are specified in subparagraph (I) of this paragraph (a) shall be based upon the count taken in December of the immediately preceding budget year.(a.5) and (a.7) Repealed.(b)(I) For the budget years preceding the 2022-23 budget year, an amount equal to one thousand two hundred fifty dollars for each child with disabilities receiving special education services from the administrative unit;(II) Except as specified in subsection (1.3) of this section, for the 2022-23 budget year and each budget year thereafter, an amount equal to one thousand seven hundred fifty dollars for each child with disabilities receiving special education services from the administrative unit; and(c)(I) If any amount of the total annual appropriation remains after the distributions specified in subsections (1)(a), (1)(a.5), and (1)(b) of this section have been made, and after the distribution of the portion of the total annual appropriation designated for high-cost grants pursuant to subsection (2) of this section has been made, six thousand dollars per child with one or more disabilities, as described in subsection (1)(c)(II) of this section, for a percentage of such children receiving special education services from the administrative unit. The department shall annually determine the percentage of such children for which an administrative unit may receive additional funding pursuant to this subsection (1)(c) based on the amount of the remaining appropriation, the money available pursuant to subsection (1)(c)(III) of this section, and the per pupil amount of six thousand dollars.(II) An administrative unit that provides special education services to children who have one or more of the following disabilities may receive funding pursuant to this paragraph (c):(A) A visual impairment, including blindness, as defined by the state board;(B) A hearing impairment, including deafness, as defined by the state board;(C) Deaf-blindness, as defined by the state board;(D) A serious emotional disability as defined by the state board;(E) Autism spectrum disorders as defined by the state board;(F) A traumatic brain injury as defined by the state board;(G) Multiple disabilities as defined by the state board; or(H) An intellectual disability as defined by the state board.(III)(A) For the 2013-14 budget year and each budget year thereafter, in addition to any amount that is available pursuant to subsection (1)(c)(I) of this section, the general assembly shall appropriate twenty million dollars from the state education fund to the department for the purposes of this subsection (1)(c).(B) For the 2019-20 budget year and each budget year thereafter, in addition to any amount that is available pursuant to subsections (1)(c)(I) and (1)(c)(III)(A) of this section, the general assembly shall appropriate twenty-two million dollars, which amount may be appropriated from the state education fund or the general fund or as amounts from both funds, to the department for the purposes of this subsection (1)(c).(B.1) Except as specified in subsection (1.3) of this section, for the 2022-23 budget year and each budget year thereafter, in addition to any amount that is available pursuant to subsections (1)(c)(I), (1)(c)(III)(A), and (1)(c)(III)(B) of this section, the general assembly shall appropriate twenty-six million eight hundred twenty-five thousand dollars, which amount may be appropriated from the state education fund or the general fund or as amounts from both funds, to the department for the purposes of this subsection (1)(c).(B.2) Except as specified in subsection (1.3) of this section, for the 2023-24 budget year and each budget year thereafter, in addition to any amount that is available pursuant to subsections (1)(c)(I), (1)(c)(III)(A), (1)(c)(III)(B), and (1)(c)(III)(B.1) of this section, the general assembly shall appropriate forty million two hundred three thousand six hundred seventy-one dollars, which amount may be appropriated from the state education fund created in section 17 (4) of article IX of the state constitution or the general fund, or as amounts from both funds, to the department for the purposes of this subsection (1)(c).(C) The general assembly finds and declares that, for the purposes of section 17 of article IX of the state constitution, providing additional money to children with one or more disabilities, as described in subsection (1)(c)(II) of this section, for a percentage of such children receiving special education services from an administrative unit is a program for accountable education reform and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.(D) It is the intent of the general assembly to increase funding for special education services as necessary for the 2023-24 budget year and budget years thereafter to fully fund special education services pursuant to this subsection (1)(c).(1.3) For the 2024-25 budget year and budget years thereafter, the dollar amounts set forth in subsections (1)(b)(II) and (1)(c)(III) of this section are annually increased by the rate of inflation. The amounts must be rounded to the nearest dollar. As used in this subsection (1.3), "inflation" means the annual percentage change in the United States department of labor bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable successor index.(2)(a)(I) In addition to the amount appropriated for distribution pursuant to subsection (1) of this section, for the 2006-07 and 2007-08 budget years, subject to available appropriations, the general assembly shall appropriate two million dollars from the general fund or from any other source to the department to fund grants to administrative units as provided in section 22-20-114.5 for reimbursement of high costs incurred in providing special education services in the preceding budget year.(II)(A) In addition to the amount appropriated for distribution pursuant to subsection (1) of this section, for the 2008-09 budget year and each budget year thereafter, subject to available appropriations, the general assembly shall appropriate four million dollars from the general fund or from any other source to the department to fund grants to administrative units as provided in section 22-20-114.5 for reimbursement of high costs incurred in providing special education services in the preceding budget year.(B) The general assembly hereby finds and declares that for the purposes of section 17 of article IX of the state constitution, providing grants to administrative units for reimbursement for high costs incurred in providing special education services is a program for accountable education reform and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.(b) Any amount received by an administrative unit as a reimbursement pursuant to this subsection (2) shall be in addition to the amount received by the administrative unit pursuant to subsection (1) of this section. The moneys appropriated by the general assembly to the department shall be distributed by the Colorado special education fiscal advisory committee in accordance with section 22-20-114.5.(3)(a) Except as otherwise provided in paragraph (b) of this subsection (3), for the 2005-06 budget year, the department shall recalculate the distribution of funds to administrative units for providing educational services to children with disabilities as necessary to comply with the provisions of subsection (1) of this section.(b) Notwithstanding the provisions of subsection (1) of this section, if the application of the provisions of subsection (1) of this section would result in an administrative unit receiving a lesser amount for providing educational services to children with disabilities for the 2005-06 budget year than it would have received under the provisions of this section as they existed prior to April 28, 2006, then the department shall not recalculate the distribution of funds for the administrative unit for the 2005-06 budget year.(4) An administrative unit shall not receive the amount of funding to which it is entitled under the provisions of subsection (1) of this section unless the administrative unit has provided to the department the data collected concerning special education programs, as required by subsection (6) of this section, including the count of assessed children with disabilities.(5) Payments made under the provisions of this part 1 shall not affect the amount of other state aid for which an administrative unit may qualify.(6) Each administrative unit shall be required to collect the data required by the federal government concerning special education programs. Each administrative unit shall provide to the department the data collected concerning special education programs in order to receive the amount of funding to which it is entitled under the provisions of subsection (1) of this section.(7) It is the general assembly's intent that, as a result of receiving an increase in the distribution of state moneys, an administrative unit, in complying with the maintenance of effort requirement specified in the federal "No Child Left Behind Act of 2001", 20 U.S.C. sec. 6381 et seq., shall not reduce the level of state and local expenditures below the level of state and local expenditures for the preceding budget year. Any additional appropriation of moneys for distribution pursuant to this section is intended to alter the ratio between state and local expenditures, but the overall level of expenditures may remain the same, thereby satisfying the federal maintenance of effort requirements.(8)(a) For the 2023-24 budget year, the general assembly shall appropriate ten million dollars to the department from the state education fund created in section 17 (4) of article IX of the state constitution to be distributed pursuant to the requirements set forth in subsection (8)(b) of this section to preschool providers that are a school of a school district, district charter school, or an institute charter school.(b) A preschool provider that is a school of a school district, district charter school, or an institute charter school must only receive funding pursuant to this subsection (8) if the department determines that, even with the funding received pursuant to section 26.5-4-208, the eligible preschool provider is projected, based on eligible children enrolled in the universal preschool program created in section 26.5-4-204, to receive less than the preschool provider's total preschool funding for all preschool positions in the 2022-23 fiscal year. This funding is intended to ensure that administrative units can meet the federal maintenance of effort requirements pursuant to the IDEA. If the total amount of funding distributed to eligible preschool providers is less than ten million dollars, the department shall transfer the difference between the distributed amount and the ten million dollars to the state treasurer, who shall credit the money received to the state education fund.(c) This subsection (8) is repealed, effective July 1, 2024.Amended by 2023 Ch. 189,§ 9, eff. 5/15/2023.Amended by 2023 Ch. 188,§ 1, eff. 5/15/2023.Amended by 2022 Ch. 228, § 1, eff. 5/26/2022.Amended by 2021 Ch. 393, § 3, eff. 7/1/2022.Amended by 2021 Ch. 393, § 4, eff. 6/30/2021.Amended by 2019 Ch. 151, § 5, eff. 5/10/2019.Amended by 2018 Ch. 176, § 6, eff. 4/30/2018.Amended by 2013 Ch. 236, § 9, eff. 5/17/2013.L. 73: R&RE, p. 1263, § 1. C.R.S. 1963: § 123-22-14. L. 74: (5) amended, p. 366, § 1, effective April 26; (1)(b)(III) amended and (1)(b)(VI) added, p. 365, § 1, effective July 1. L. 77: (1)(b)(VII) added, p. 1038, § 2, effective May 14; (1)(b)(V) and (3) amended and (1)(e) R&RE, pp. 1042, 1043, §§ 2, 3, effective July 1; (3) amended, p. 1068, § 14, effective July 1. L. 79: IP(1), (1)(c), (1)(d), (3), and (4) amended, p. 778, § 9, effective July 1. L. 83: (1)(b)(IV) amended, p. 745, § 1, effective May 17; (1)(b)(V) amended, p. 741, § 4, effective June 10. L. 84: (1)(b)(V) amended, p. 591, § 3, effective March 3. L. 85: (1)(b)(V) amended, p. 1015, § 42, effective July 1. L. 88: (1)(b)(I) repealed, p. 777, § 7, effective May 29; (5) amended and (6) added, p. 764, effective May 29; (1)(c) repealed and (1)(d) R&RE, pp. 763, 762, §§ 4, 3, effective May 31; (6) amended, p. 1439, § 45, effective June 11; (1)(b)(V) amended, p. 810, § 7, effective 1/1/1989. L. 90: (5) amended, p. 1046, § 4, effective July 1. L. 93: (1)(b)(V), (1)(d), (3)(c), and (5) amended, p. 1647, § 39, effective July 1. L. 94: (1)(b)(V) and (5) amended, p. 811, § 20, effective April 27; entire section amended, p. 1138, § 2, effective July 1. L. 95: (1)(a) and (1)(b) amended and (1)(b.5) added, p. 606, § 1, effective May 22. L. 97: (1)(b.5) amended and (1)(b.7) added, p. 593, § 30, effective April 30. L. 2000: (1)(b.8) added, p. 486, § 9, effective April 28. L. 2004: (1)(b.7)(II) and (2) amended, p. 1629, § 27, effective July 1. L. 2006: Entire section R&RE, p. 664, § 7, effective April 28. L. 2007: (1)(a.5) added and (1)(c)(I) amended, p. 1567, § 11, effective May 31. L. 2008: (2) amended, p. 1208, § 18, effective May 22; (1)(a) amended, p. 1387, § 16, effective May 27. L. 2011: (1)(a) and (1)(c)(II) amended, (HB 11 -1277), ch. 306, p. 1496, § 19, effective August 10; (5) amended, (HB 11 -1077), ch. 30, p. 78, § 9, effective August 10. L. 2013: (1)(c)(I) amended and (1)(c)(III) and (7) added, (SB 13-260), ch. 236, p. 1142, § 9, effective May 17. L. 2018: (1)(a.5)(I) repealed, (HB 18-1333), ch. 176, p. 1213, § 6, effective April 30.(1) Amendments to subsection (3) by Senate Bill 77-138 and House Bill 77-1022 were harmonized.
(2) Subsections (1)(b)(V) and (5) were amended in House Bill 94-1001. Those amendments were superseded by the amendment of the entire section in House Bill 94-1198.
For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 198, Session Laws of Colorado 1994. For the legislative declaration contained in the 2008 act amending subsection (2), see section 1 of chapter 286, Session Laws of Colorado 2008.