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22-32-138.5. Educational stability grant program - application - grants - fund created - rules - report


(1) There is created within the department of education the educational stability grant program, referred to in this section as the grant program, to provide grant money to education providers to use in providing academic and social-emotional services and supports to highly mobile students. Subject to available appropriations, commencing with the 2019-20 fiscal year, the state board of education shall award educational stability grants to preschool, elementary, and secondary education providers from money appropriated from the educational stability grant program fund created in subsection (4) of this section.

(2) The state board of education shall adopt rules pursuant to the State Administrative Procedure Act, article 4 of title 24, for implementation of the grant program. At a minimum, the rules shall include:

(a) Timelines and procedures by which an education provider may apply for a grant;

(b) The information to be included on grant applications, including at a minimum:

(I) The number of highly mobile students the education provider served in the previous school year, which shall include children or youth who at any time during the academic year were homeless, as defined in section 22-1-102.5; were in noncertified kinship care, as defined in section 19-1-103; were students in out-of-home placement, as defined in section 22-32-138; or were migrant children, as defined in section 22-23-103;

(II) A description of services to be provided through the grant, including a description of innovative practices to address barriers for students in out-of-home placement;

(III) A description of the need for the services to be provided through the grant;

(IV) An estimated cost to provide services through the grant;

(V) Criteria for measurement of the effectiveness of services provided through the grant;

(VI) A description of the education providers existing policies and practices relating to the transfer of student records between education providers;

(VII) The education providers collaboration with county departments to make best-interest determinations and to provide transportation, when needed;

(VIII) The provision of services for students in out-of-home placement who receive special education services;

(IX) Access to extracurricular activities for students in out-of-home placement; and

(X) Transition practices relating to school moves for students in out-of-home placement.

(3) Each education provider that seeks a grant pursuant to this section must submit an application to the department of education in accordance with the rules adopted by the state board of education. The department of education shall review the grant applications received and recommend grant recipients and grant amounts to the state board. The state board shall annually award grants through the grant program after considering the departments recommendations.


(4) (a) The educational stability grant program fund, referred to in this section as the fund, is created in the state treasury. The fund consists of any money credited to the fund pursuant to subsection (4)(b) of this section and any money that the general assembly may appropriate or transfer to the fund, including money from the marijuana tax cash fund created in section 39-28.8-501. Subject to annual appropriation by the general assembly, the department of education may expend money from the fund for the purposes of this section.

(b) The department of education may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. The department of education shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund.

(c) The department of education may expend money annually appropriated from the fund for reasonable and necessary administrative expenses incurred in implementing this section and in evaluating and providing technical assistance to education providers that receive grants pursuant to this section.

(d) Any money in the fund not expended for the purposes of this section may be invested by the state treasurer as provided by law. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(e) The department of education is encouraged to direct to the fund any federal money received by the department that may be used for the purposes specified in this section.


(5) (a) On or before March 31, 2019, and on or before March 31 each year thereafter, the department of education shall evaluate the educational stability services provided by each education provider that received a grant pursuant to this section in the preceding fiscal year; except that the department of education need not provide an evaluation for any fiscal year in which grants were not awarded. At a minimum, the department of education shall review:

(I) The outcomes and effectiveness of the services provided as measured by the demonstrated degree of educational stability;

(II) The improvement in school attendance;

(III) The reduction in behavioral and discipline incidents;

(IV) The increase in grade-level promotion;

(V) The reduction in the dropout rate; and

(VI) The increase in the graduation and completion rates for the grant recipients schools.


(b) (I) The department of education shall report the evaluation results to the education committees of the senate and of the house of representatives, or any successor committees, in conjunction with the report submitted pursuant to section 22-14-111.

(II) Notwithstanding the provisions of section 24-1-136 (11)(a)(I), the report required pursuant to subsection (5)(b)(I) of this section continues indefinitely.


Source: L. 2018: Entire section added, (HB 18-1306), ch. 364, p. 2178, 3, effective August 8.


Cross references: (1) For definitions applicable to this section, see 22-32-138 (1).

(2) For the legislative declaration in HB 18-1306, see section 1 of chapter 364, Session Laws of Colorado 2018.