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22-32-119. Kindergartens - definition.



(1) (a) A board of education shall establish and maintain full-day or half-day kindergarten educational programs in connection with the schools of its district for the instruction of children one year prior to the year in which the children would be eligible for admission to the first grade. A board may prescribe courses of training, study, and discipline and rules governing the kindergarten educational programs. The kindergarten educational programs must be a part of the public school system, and the school district must pay the cost of establishing and maintaining the kindergarten educational programs from the general school fund. A school district shall not charge the parent of a child enrolled in a kindergarten educational program tuition to attend any portion of the program, except as provided pursuant to section 22-32-115 (2)(b)(I), and shall not charge the parent fees for the child to attend the program other than fees that are routinely charged to the parents of students enrolled in other grades and are applicable to the kindergarten educational program.

(b) Notwithstanding the provisions of subsection (1)(a) of this section to the contrary, if the general assembly amends the Public School Finance Act of 1994, article 54 of this title 22, to count a student enrolled in kindergarten only as a half-day pupil, with or without the addition of supplemental kindergarten enrollment as defined in section 22-54-103 (15) for purposes of calculating the funded pupil count as defined in section 22-54-103 (7), a school district may charge the students parents tuition or a fee for the portion of the school day for which it does not receive funding for the student pursuant to the Public School Finance Act of 1994; except that the amount of tuition or fee charged shall not exceed the amount of tuition or fee that the school district charged to attend a full-day kindergarten educational program for the 2018-19 budget year, adjusted for inflation and prorated by the percentage of the school day for which the student is no longer funded by the Public School Finance Act of 1994. As used in this subsection (1)(b), 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.

(1.5) (Deleted by amendment, L. 2005, p. 433, 6, effective April 29, 2005.)

(2) and (3) Repealed.


Source: L. 64: P. 588, 20.C.R.S. 1963: 123-30-20. L. 2001: Entire section amended, p. 561, 4, effective May 29. L. 2002: (2)(a) amended, p. 1020, 31, effective June 1. L. 2003: (1.5) added and (2)(e) amended, pp. 2139, 2128, 43, 20, effective May 22. L. 2004: (1) amended, p. 1394, 14, effective May 28. L. 2005: (1) amended, p. 69, 1, effective March 25; (1.5) amended and (3) added, p. 433, 6, effective April 29. L. 2006: (3) repealed, p. 695, 38, effective April 28. L. 2019: (1) amended,(HB 19-1262), ch. 245, p. 2394, 3, effective May 21.


Editors note: Subsection (2)(e) provided for the repeal of subsection (2), effective July 1, 2003. (See L. 2003, p. 2128.)

Cross references:

For the legislative declaration contained in the 2001 act amending this section, see section 1 of chapter 174, Session Laws of Colorado 2001.