Section 22-54-115 - Distribution from state public school fund(1) No later than June 30 of each year, the state board shall determine the amount of the state's share of the district's total program for the budget year beginning on July 1, and the total thereof for all districts. The department of education shall pay the unpaid amount of the state's share of each district's total program to each district in a pattern over the remaining months of the budget year that considers the projected timing of when each district receives the district's property tax component of its total program so that the state's share of the district's total program each month is an amount that when combined with the district's property tax component of its total program is as equal month to month as mathematically possible. To determine the pattern pursuant to this subsection (1), the department of education shall assume that each district receives the specific ownership tax component of the district's share of its total program in twelve approximately equal monthly payments based upon the annual projection and that the district receives the property tax component of the district's share of its total program in three approximately equal payments based upon the annual projection in March, May, and June each year. Additionally:(a) Such payments shall be adjusted following the certification of pupil enrollments and the certification of valuations for assessment to the state board pursuant to section 22-54-112 (1) and (2);(b) Such payments shall be adjusted in accordance with any district's instructions given pursuant to subsection (1.5) of this section; and(c) Such payments shall be adjusted in accordance with the provisions of subsection (1.3) of this section.(1.1)(a) Notwithstanding subsection (1) of this section to the contrary, upon the request of a school district, the department of education shall pay the state's share of the district's total program for the budget year in twelve approximately equal monthly payments during the budget year, and unless requested otherwise by the school district, the department of education shall pay the state's share of the district's total program for the budget year in twelve approximately equal monthly payments in each budget year thereafter.(b) A school district must make a request pursuant to this subsection (1.1) on or before July 1 of the applicable budget year for the applicable budget year.(1.2) The department of education shall not change a school district's distribution schedule pursuant to subsection (1) or (1.1) of this section during the current budget year for the current budget year.(1.3)(a) In determining the state's share of each district's total program, the state board shall determine whether the district is an accounting district of an institute charter school. If a district is an accounting district of an institute charter school, the state board shall instruct the department of education to withhold from the amount of the state share otherwise payable to the district an amount equal to the lesser of: (I) One hundred percent of the adjusted district per pupil revenues, as defined in section 22-30.5-513 (1)(b), multiplied by the number of pupils enrolled in the institute charter school who are not online pupils plus one hundred percent of the district per pupil online funding multiplied by the number of online pupils enrolled in the institute charter school; or(II) The total amount of the state share payable to the district.(a.5) In any budget year in which the state share of an accounting district of an institute charter school is less than the amount specified in subparagraph (I) of paragraph (a) of this subsection (1.3), the department of education shall submit a request for a supplemental appropriation in an amount that will fully fund the amount specified in said subparagraph (I). The department shall make the request to the general assembly during the budget year in which the underfunding occurs. If the general assembly does not make the requested supplemental appropriation, the department shall pay to the institute charter school the amount specified in subparagraph (II) of paragraph (a) of this subsection (1.3).(b) The amount withheld shall be payable to the state charter school institute, in twelve approximately equal monthly payments during the budget year for payment to the institute charter school pursuant to section 22-30.5-513 (4). (1.5) Any school district may give written instructions to the state board directing that a specified portion of a monthly payment or monthly payments that the district is otherwise entitled to receive pursuant to this section shall be transferred to the department of labor and employment for the district's cost of participating in school-to-work alliance programs. These written instructions shall specify the amount to be transferred to the department of labor and employment from the district's payment for a specified month or months. The written instructions shall be given to the state board no later than the fifth day of the first month in which such amount is to be transferred to the department of labor and employment.(2) No later than the fifteenth day of each month, the state board shall certify to the state treasurer the amount payable to each district and to the state charter school institute in accordance with subsection (1.3) of this section during said month and the amount, if any, to be transferred to the department of labor and employment during said month in accordance with subsection (1.5) of this section.(3) No later than the twenty-fifth day of each month, the state treasurer shall: (a) Pay the amount certified as payable to each district, less the total amount of any direct payments made by the state treasurer on behalf of charter schools chartered by each school district of any principal and interest due on bonds pursuant to section 22-30.5-406 directly to the treasurer of each district or, in accordance with written instructions from the district, directly to an account designated by the district that allows the district to retain title to the funds;(b) Transfer the amount certified, if any, to the department of labor and employment; and(c) Pay the amount certified as payable to the state charter school institute directly or, in accordance with written instructions from the state charter school institute, directly to an account designated by the state charter school institute that allows the state charter school institute to retain title to the funds.(4) The state board shall take care to avoid overpayment of state moneys. If it is determined that any district or the state charter school institute has been overpaid in any month, the state board shall adjust the following monthly payment or payments to such district or the state charter school institute so as to recover the amount overpaid. In the event that an overpayment cannot be recovered, the amount thereof shall be refunded to the state public school fund by the district or the state charter school institute receiving the same.(5) (Deleted by amendment, L. 94, p. 800, § 2, effective April 27, 1994.)(6)(a) Notwithstanding any provision of this section to the contrary, for the 2010-11 budget year, the department of education shall pay in installments to each district the amount of the state's share of the district's total program for the budget year as adjusted pursuant to paragraph (a) of subsection (1) of this section and shall pay in installments to the state charter school institute the total amount withheld from any accounting district pursuant to paragraph (a) of subsection (1.3) of this section for the budget year; except that the timing and amount of each installment payment to each district and the state charter school institute shall be determined by the department.Amended by 2024 Ch. 49,§ 1, eff. 4/4/2024.Amended by 2015 Ch. 160, § 10, eff. 7/1/2016.Amended by 2014 Ch. 230, § 2, eff. 5/17/2014.L. 94: Entire article added with relocations, p. 800, § 2, effective April 27; (1) amended, p. 2577, § 3, effective June 3. L. 97: (3) amended, p. 582, § 7, effective April 30. L. 2001: (1), (2), and (3) amended and (1.5) added, p. 362, § 32, effective April 16. L. 2002: (3)(a) amended, p. 1767, § 36, effective June 7. L. 2004: Entire section amended, p. 1640, § 47, effective July 1. L. 2009: (1.3)(a.5) added, (SB 09 -256), ch. 294, p. 1553, § 8, effective May 21; (1)(a) amended, (SB 09 -042), ch. 176, p. 782, § 6, effective August 5. L. 2010: (6) added, (HB 10 - 10 13), ch. 399, p. 1904, § 14, effective June 10. L. 2012: (1)(a) amended, (HB 12-1240), ch. 258, p. 1313, § 19, effective June 4. L. 2014: (1)(a) amended, (HB 14-1349), ch. 230, p. 854, § 2, effective May 17. L. 2015: (1.5), (2), and (3)(b) amended, (SB 15-239), ch. 160, p. 488, § 10, effective 7/1/2016.(1) This section is similar to former § 22-53-122 as it existed prior to 1994.
(2) Subsection (6)(b)(II) provided for the repeal of subsection (6)(b), effective February 1, 2011. (See L. 2010, p. 1904.)
For the legislative declaration in SB 15-239, see section 1 of chapter 160, Session Laws of Colorado 2015.