Read the full stored bill text
Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0495.02 Jacob Baus x2173 SENATE BILL 26-145
Senate Committees House Committees
Education
A BILL FOR AN ACT
CONCERNING CHARTER SCHOOL INVOLVEMENT IN LOCAL BALLOT101
QUESTIONS.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
Under current law, subject to procedural requirements, a charter
school that has capital construction needs may seek money to fund these
needs by requesting that its chartering school district (district):
! Submit a ballot question to the district's voters concerning
a special mill levy; or
! Include the charter school's capital construction needs in
SENATE SPONSORSHIP
Bright and Kipp,
HOUSE SPONSORSHIP
Boesenecker and Gilchrist,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
the district's ballot question for bonded indebtedness or for
an additional mill levy.
The bill:
!Requires a district that is considering submitting a ballot
question or questions to its voters to solicit proposals from
its charter schools about their capital construction needs;
! Requires the district's board to notify the charter schools
regarding whether it will include the charter school's capital
construction needs in the district's ballot questions; and
! Encourages a district to solicit proposals from institute
charter schools located within the district's boundaries
about their capital construction needs and include funding
for the capital construction needs in the district's relevant
ballot question.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Every Colorado public school student deserves to have their4
education funded fairly and equitably;5
(b) Voters who approve school district bond measures benefit6
from clear and accessible information about how bond proceeds are7
planned, allocated, and distributed across the schools within a district;8
(c) Transparency in the bond development process supports9
informed decision-making by voters, families, and school communities;10
(d) In order to make informed choices, voters need and deserve11
clear information on how bond proposals were developed, which schools12
were included, and why; and13
(e) Strengthening the statutory process regarding transparency and14
inclusion in school district planning serves the interests of students,15
families, educators, taxpayers, and voters.16
(2) Therefore, it is the intent of the general assembly to improve17
SB26-145-2-
transparency and inclusion in how these bonds are planned,1
communicated, and more equitably allocated across all students,2
regardless of the type of public school they attend.3
SECTION 2. In Colorado Revised Statutes, 22-30.5-403, amend4
(1); and add (1.5) as follows:5
22-30.5-403. Definitions.6
As used in this part 4, unless the context otherwise requires:7
(1) "Board of education" or "board" means a school district board8
of education. "ADDITIONAL MILL LEVY" MEANS A MILL LEVY AUTHORIZED9
BY SECTION 22-54-108.7.10
(1.5) "B OARD OF EDUCATION " OR "BOARD" MEANS A SCHOOL11
DISTRICT BOARD OF EDUCATION.12
SECTION 3. In Colorado Revised Statutes, 22-30.5-404, amend13
(1)(b), (3), (4), and (6)(a); repeal (1)(c); and add (2.5) and (4.5) as14
follows:15
22-30.5-404. Needs-based inclusion of charter schools in16
district bond elections - eligibility - allocation of bond revenues.17
(1) (b) (I) A sc hool district shall allow for representation by18
charter schools on the school district's long-range planning committee and19
any committee established by the school district to assess and prioritize20
the district's capital construction needs and shall notify charter schools of21
the committee's meeting schedule. Charter schools shall cooperate in22
determining the person or persons who will represent the interests of23
charter schools on the committee. A DISTRICT'S LONG-RANGE PLANNING24
COMMITTEE, IF ONE EXISTS, AND ANY OTHER COMMITTEE ESTABLISHED BY25
THE DISTRICT TO ASSESS OR PRIORITIZE THE DISTRICT 'S CAPITAL26
CONSTRUCTION NEEDS SHALL:27
SB26-145-3-
(A) M AINTAIN AT LEAST ONE MEMBERSHIP SEAT ON THE1
COMMITTEE FOR A CHARTER SCHOOL REPRESENTATIVE . THE CHARTER2
SCHOOLS SHALL COOPERATE TO APPOINT THE REPRESENTATIVES REQUIRED3
PURSUANT TO THIS SUBSECTION (1)(b)(I)(A).4
(B) CLEARLY NOTIFY THE CHARTER SCHOOLS OF THE COMMITTEE'S5
MEETING SCHEDULE.6
(II) IF A COMMITTEE OR BODY THAT IS NOT THE BOARD DEVELOPS7
A LIST OF CAPITAL CONSTRUCTION RECOMMENDATIONS FOR THE BOARD TO8
INCLUDE IN THE DISTRICT 'S BALLOT QUESTION OR QUESTIONS , IT MUST9
SOLICIT AND GIVE EQUITABLE CONSIDERATION TO CHARTER SCHOOLS '10
CAPITAL CONSTRUCTION NEEDS.11
(c) Each school district that is considering submitting any question12
of contracting bonded indebtedness to the eligible electors of the district13
at an upcoming election shall invite each charter school chartered by the14
district to participate in discussions regarding the possible submission of15
such a question at the earliest possible time but no later than June 1 of the16
applicable election year, and each school district is encouraged to17
voluntarily include funding for the capital construction needs of charter18
schools in the district's questions of contracting bonded indebtedness19
without requiring a charter school to comply with the capital construction20
plan submission process set forth in subsection (3) of this section.21
(2.5) A DISTRICT IS ENCOURAGED TO VOLUNTARILY SUBMIT A22
BALLOT QUESTION FOR APPROVAL OF A SPECIAL MILL LEVY OR INCLUDE23
THE FUNDING FOR THE CHARTER SCHOOL'S CAPITAL CONSTRUCTION NEEDS24
IN THE DISTRICT 'S BALLOT QUESTION OR QUESTIONS FOR APPROVAL OF25
BONDED INDEBTEDNESS OR FOR APPROVAL OF AN ADDITIONAL MILL LEVY.26
IF A DISTRICT VOLUNTARILY SUBMITS A BALLOT QUESTION OR QUESTIONS27
SB26-145-4-
PURSUANT TO THIS SUBSECTION (2.5), THE DISTRICT AND THE CHARTER1
SCHOOL MUST MUTUALLY AGREE TO THE CONTENT THAT MUST BE2
INCLUDED IN THE CHARTER SCHOOL'S PROPOSAL, WHICH MAY BE, BUT IS3
NOT REQUIRED TO BE, THE REQUIREMENTS IN SUBSECTION (3)(c) OF THIS4
SECTION.5
(3) (a) A charter school that seeks to have its capital construction6
needs included as part of a ballot question to be submitted by the board7
of education of its chartering school district to the voters of the district or8
that seeks to obtain funding for its capital construction needs through the9
imposition of a special mill levy pursuant to section 22-30.5-405 or an10
additional mill levy pursuant to section 22-54-108.7 shall submit a capital11
construction plan to the board of education of its chartering school12
district. The plan shall include: A DISTRICT THAT IS CONSIDERING13
SUBMITTING TO THE DISTRICT 'S VOTERS A BALLOT QUESTION OR14
QUESTIONS PURSUANT TO THIS SECTION SHALL SOLICIT PROPOSALS FROM15
EACH CHARTER SCHOOL ABOUT THEIR CAPITAL CONSTRUCTION NEEDS.16
(b) THE SOLICITATION DESCRIBED IN SUBSECTION (3)(a) OF THIS17
SECTION MUST:18
(I) BE IN WRITING;19
(II) B E MADE AS EARLY AS POSSIBLE , BUT NO LATER THAN ONE20
HUNDRED FIFTY DAYS BEFORE APPROVING THE BALLOT QUESTION OR21
QUESTIONS TO BE SUBMITTED TO THE DISTRICT'S VOTERS; AND22
(III) I NCLUDE THE DEADLINE FOR THE CHARTER SCHOOL TO23
RESPOND TO THE SOLICITATION , WHICH MUST BE NO EARLIER THAN24
FORTY-FIVE DAYS AFTER THE DATE OF THE SOLICITATION.25
(c) A CHARTER SCHOOL 'S PROPOSAL DESCRIBED IN SUBSECTION26
(3)(a) OF THIS SECTION MUST INCLUDE:27
SB26-145-5-
(a) (I) A statement of reasons why the capital construction1
PROPOSED to be financed by bonded indebtedness, or a special MILL LEVY,2
or AN additional mill levy is necessary;3
(b) (II) A description of the capital construction PROPOSED to be4
financed by bonded indebtedness or revenues from a special MILL LEVY5
or AN additional mill levy;6
(c) (III) A description of the architectural, functional, and7
construction standards that meet applicable state building code8
requirements and are to be applied to each facility that is the subject of9
the PROPOSED capital construction project;10
(d) (IV) An estimate of the total cost of completing the capital11
construction PROPOSED to be financed by bonded indebtedness or a12
special or additional mill levy and, if any moneys MONEY other than13
proceeds of bonded indebtedness or a special or additional mill levy and14
interest earned on such THE proceeds are IS to be used to finance the15
PROPOSED capital construction, a breakdown of the moneys MONEY that16
will be used to finance the PROPOSED capital construction;17
(e) (V) An estimate of the amount of time needed to complete the18
PROPOSED capital construction;19
(f) (VI) A statement addressing whether PROPOSED construction20
and renovation, payment of overrun costs, and other capital construction21
project issues are to WOULD be managed by the charter school or the22
district, with costs for management to be negotiated by the charter school23
and the district;24
(g) (VII) A statement of reasons why revenue sources other than25
bonded indebtedness, or a special MILL LEVY, or AN additional mill levy26
are inadequate to fully finance the PROPOSED capital construction; and27
SB26-145-6-
(h) (VIII) A statement of the charter school's preferred means of1
obtaining moneys MONEY.2
(d) AT A PUBLIC BOARD MEETING THAT OCCURS NO LATER THAN3
FORTY-FIVE DAYS BEFORE APPROVING A BALLOT QUESTION OR QUESTIONS4
TO BE SUBMITTED TO THE DISTRICT 'S VOTERS , THE CHARTER SCHOOL5
SHALL PRESENT ITS PROPOSAL DESCRIBED IN SUBSECTION (3)(a) OF THIS6
SECTION, INCLUDING THE PROPOSAL CONTENTS DESCRIBED IN SUBSECTION7
(3)(c) OF THIS SECTION.8
(4) (a) (I) The board of education of a school district shall review9
a capital construction plan EVERY PROPOSAL submitted by a charter school10
pursuant to subsection (3) of this section. and determine the priority of the11
charter school capital construction need in relation to the capital12
construction needs of other schools in the district. If the charter school's13
capital construction plan PROPOSAL remedies shortcomings in the charter14
school's facilities THAT ARE identified in the financial assistance priority15
assessment of public school facilities created pursuant to section16
22-43.7-108, or, when the assessment created pursuant to section17
22-43.7-108 is no longer valid, in another assessment using similar18
criteria for all schools in the district, the board of education shall19
prioritize a charter school's capita l construction n eeds in the school20
district's long-range plan and include those needs in the current ballot21
question in the upcoming election if the charter school's facility needs22
receive a higher priority assessment than the other schools in the district.23
(II) Notwithstanding the provisions of this subsection (4)24
concerning the prioritization of a charter school's capital construction plan25
and inclusion in a district ballot question for approval of bonded26
indebtedness, the board of education of a school district and a charter27
SB26-145-7-
school may agree to an alternative financial plan that addresses a charter1
school's facilities needs, including retiring financial obligations or bonds2
previously issued for the benefit of the charter school.3
(III) (A) Nothing in this subsection (4) shall require REQUIRES a4
school district to prioritize the capital construction plan of a charter5
school that is on probation with the district or that has been WAS6
INITIALLY authorized within the previous five THREE years.7
(B) The board of education of a school district may require a8
charter school to certify that school construction to be financed with bond9
proceeds in accordance with this section will remediate a shortcoming in10
the charter school's facilities identified pursuant to section 22-43.7-108,11
and that any construction will conform to any construction guidelines12
established pursuant to SECTION 22-43.7-107.13
(C) Notwithstanding the provisions of sub-subparagraph (A) of14
this subparagraph (III) The board of education of a school district and a15
charter school may agree to reserve or escrow funds for the benefit of the16
charter school.17
(IV) The board of education shall notify the charter school in18
writing whether the school district has prioritized the charter school's19
capital construction needs for inclusion in the ballot question at the20
upcoming election no later than sixty days prior to the date by which the21
school district is required to certify the ballot question to the county clerk22
and recorder.23
(b) (I) If the board has prioritized the charter school capital24
construction needs pursuant to paragraph (a) of this subsection (4) for25
inclusion in the ballot question at the upcoming election, the board shall26
include the charter school's capital construction in the same ballot27
SB26-145-8-
question being submitted by the district for approval of bonded1
indebtedness in accordance with subsection (5) of this section. NO LATER2
THAN THIRTY DAYS BEFORE APPROVING THE BALLOT QUESTION OR3
QUESTIONS TO BE SUBMITTED TO THE DISTRICT 'S VOTERS, THE DISTRICT4
SUPERINTENDENT SHALL NOTIFY IN WRITING EVERY CHARTER SCHOOL5
THAT SUBMITTED A PROPOSAL PURSUANT TO SUBSECTION (3) OF THIS6
SECTION OF THE BOARD'S DECISION CONCERNING WHETHER TO SUBMIT A7
BALLOT QUESTION FOR APPROVAL OF A SPECIAL MILL LEVY OR INCLUDE8
THE FUNDING FOR THE CHARTER SCHOOL'S CAPITAL CONSTRUCTION NEEDS9
IN THE DISTRICT 'S BALLOT QUESTION OR QUESTIONS FOR APPROVAL OF10
BONDED INDEBTEDNESS OR FOR APPROVAL OF AN ADDITIONAL MILL LEVY.11
(II) IF THE BOARD DECIDES NOT TO SUBMIT A BALLOT QUESTION12
FOR APPROVAL OF A SPECIAL MILL LEVY OR INCLUDE THE FUNDING FOR13
THE CHARTER SCHOOL'S CAPITAL CONSTRUCTION NEEDS IN THE DISTRICT'S14
BALLOT QUESTION OR QUESTIONS FOR APPROVAL OF BONDED15
INDEBTEDNESS OR FOR APPROVAL OF AN ADDITIONAL MILL LEVY , THE16
NOTIFICATION DESCRIBED IN SUBSECTION (4)(b)(I) OF THIS SECTION MUST17
INCLUDE THE BOARD 'S REASONS FOR THE EXCLUSION , WHICH MUST BE18
SPECIFIC AND RELATED TO THE MERITS OF THE PROPOSAL , AND MUST19
INCLUDE THE OPPORTUNITY FOR THE CHARTER SCHOOL TO ADDRESS ANY20
ISSUES RAISED BY THE BOARD.21
(c) (I) If the board has not prioritized the charter school's capital22
construction needs for inclusion in the ballot question at the upcoming23
election, the board shall provide the charter school with a written24
statement specifying the reasons for excluding the needs, and the charter25
school shall have an opportunity to address any issues raised by the board.26
NO LATER THAN THIRTY DAYS AFTER THE BOARD SELECTS THE CAPITAL27
SB26-145-9-
CONSTRUCTION PROJECTS THAT ARE INCLUDED FOR A BALLOT QUESTION1
OR QUESTIONS TO BE SUBMITTED TO THE DISTRICT'S VOTERS, THE BOARD2
SHALL POST IN A PROMINENT AND READILY ACCESSIBLE LOCATION ON THE3
BOARD'S WEBSITE A DOCUMENT THAT:4
(A) O UTLINES THE PROCESS THAT THE BOARD COMPLETED TO5
CONSIDER THE CAPITAL CONSTRUCTION NEEDS OF ALL OF ITS SCHOOLS ;6
AND7
(B) FOR ALL PROJECTS CONSIDERED, WHETHER THE BOARD CHOSE8
TO PRIORITIZE THE PROJECT TO INCLUDE FOR A BALLOT QUESTION OR9
QUESTIONS OR NOT, DESCRIBES IN DETAIL THE REASONING FOR CHOOSING10
TO PRIORITIZE OR EXCLUDE EACH CAPITAL CONSTRUCTION PROJECT THAT11
WAS CONSIDERED FOR A BALLOT QUESTION OR QUESTIONS.12
(II) THE DOCUMENT REQUIRED IN THIS SUBSECTION (4)(c) MUST BE13
IN PLAIN AND EASY-TO-UNDERSTAND LANGUAGE.14
(4.5) A DISTRICT IS ENCOURAGED TO VOLUNTARILY SOLICIT15
PROPOSALS FROM EACH INSTITUTE CHARTER SCHOOL THAT IS LOCATED16
WITHIN THE GEOGRAPHIC BOUNDARIES OF THE DISTRICT ABOUT ITS17
CAPITAL CONSTRUCTION NEEDS AND INCLUDE THE FUNDING FOR EACH18
INSTITUTE CHARTER SCHOOL 'S CAPITAL CONSTRUCTION NEEDS IN THE19
DISTRICT'S BALLOT QUESTION OR QUESTIONS FOR APPROVAL OF BONDED20
INDEBTEDNESS OR FOR APPROVAL OF AN ADDITIONAL MILL LEVY . IF A21
DISTRICT VOLUNTARILY SUBMITS A BALLOT QUESTION OR QUESTIONS22
PURSUANT TO THIS SUBSECTION (4.5), THE DISTRICT AND THE INSTITUTE23
CHARTER SCHOOL MUST MUTUALLY AGREE TO THE CONTENT THAT MUST24
BE INCLUDED IN THE INSTITUTE CHARTER SCHOOL'S PROPOSAL, WHICH MAY25
BE, BUT IS NOT REQUIRED TO BE, THE REQUIREMENTS IN SUBSECTION (3)(c)26
OF THIS SECTION.27
SB26-145-10-
(6) (a) Notwithstanding any other provision of this section, no1
bonds shall A BOND MUST NOT be issued for the purpose of financing2
charter school capital construction unless the charter school OR INSTITUTE3
CHARTER SCHOOL that is to receive bond proceeds and the district have4
entered into a contract specifying that, if the charter school's charter is5
revoked or not renewed, the charter school becomes insolvent and can no6
longer operate as a charter school, or the charter school otherwise ceases7
to operate, following payment of all other debts secured by the capital8
construction, the ownership of any capital construction financed by the9
bond proceeds shall automatically revert REVERTS to the school district.10
THE CHARTER SCHOOL SHALL NEGOTIATE IN GOOD FAITH TO GIVE THE11
DISTRICT SUFFICIENT ASSURANCES PURSUANT TO THIS SUBSECTION (6)(a). 12
SECTION 4. Safety clause. The general assembly finds,13
determines, and declares that this act is necessary for the immediate14
preservation of the public peace, health, or safety or for appropriations for15
the support and maintenance of the departments of the state and state16
institutions.17
SB26-145-11-