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22-54-104. District total program - definitions

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(1) (a) For every budget year, the provisions of this section shall be used to calculate for each district an amount that represents the financial base of support for public education in that district. Such amount shall be known as the districts total program. The districts total program shall be available to the district to fund the costs of providing public education, and, except as otherwise provided in section 22-54-105, the amounts and purposes for which such moneys are budgeted and expended shall be in the discretion of the district.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (1), if a district is the accounting district of an institute charter school, then the calculation of total program pursuant to the provisions of this section shall also represent the financial base of support for the institute charter school, even though the institute charter school is not a school of the district. The amount of the districts state share of total program that is withheld from the district and paid to the state charter school institute pursuant to the provisions of section 22-54-115 (1.3), shall not be available to nor under the control of the district, but shall be under the control of the governing board of the institute charter school to fund the costs of providing public education to pupils enrolled in the institute charter school, and the amounts and purposes for which such moneys are budgeted and expended shall be in the discretion of the institute charter school.

 

 

(2) (a) (I) to (III) Repealed.

(III.5) to (III.7)Repealed.

(III.8) (Deleted by amendment, L. 2002, p. 1734, 3, effective June 7, 2002.)

(IV) (Renumbered as paragraph (a.5) of this subsection (2).)

(V) and (VI)Repealed.

(VII) Except as otherwise provided in this subsection (2), subsection (6) of this section, or section 22-54-104.3, a districts total program for the 2003-04 budget year through the 2006-07 budget year shall be the greater of the following:

(A) (District per pupil funding x (District funded pupil count - District online pupil enrollment)) + District at-risk funding + District online funding; or

(B) Minimum per pupil funding x District funded pupil count.

(VIII) Except as otherwise provided in this subsection (2), subsection (6) of this section, or section 22-54-104.3, a districts total program for the 2007-08 budget year and the 2008-09 budget year shall be the greater of the following:

(A) (District per pupil funding x (District funded pupil count - District online pupil enrollment)) + District at-risk funding + District online funding; or

(B) (Minimum per pupil funding x (District funded pupil count - District online pupil enrollment)) + District online funding.

(IX) Except as otherwise provided in this subsection (2), paragraph (g) of subsection (5) or subsection (6) of this section, or section 22-54-104.3, a districts total program for the 2009-10 budget year and budget years thereafter shall be the greater of the following:

(A) (District per pupil funding x (District funded pupil count - District online pupil enrollment - District extended high school pupil enrollment)) + District at-risk funding + District online funding + District extended high school funding; or

(B) (Minimum per pupil funding x (District funded pupil count - District online pupil enrollment - District extended high school pupil enrollment)) + District online funding + District extended high school funding.

(a.5) Repealed.

(b) If the district percentage of at-risk pupils is greater than the statewide average percentage of at-risk pupils and the districts funded pupil count is greater than four hundred fifty-nine, the districts total program shall be the lesser of:

(I) The districts total program as calculated pursuant to paragraph (a) of this subsection (2); or

 

(II) (A) The districts total program as calculated by: Adding the amount determined by multiplying the districts per pupil funding by four hundred fifty-nine to the amount determined by multiplying 12% of the districts per pupil funding by the districts at-risk pupils; then dividing the sum of those two amounts by four hundred fifty-nine; then multiplying the resulting amount by the districts funded pupil count minus the districts online pupil enrollment; and then adding the districts online funding.

(B) For purposes of sub-subparagraph (A) of this subparagraph (II) only, a districts per pupil funding shall be calculated by establishing the districts per pupil funding in accordance with subsection (3) of this section except using the size factor for a district with a funded pupil count of four hundred fifty-nine and not the districts actual size factor.

(3) A districts per pupil funding shall be determined in accordance with the following formula:

((Statewide base per pupil funding x District personnel costs factor x District cost of living factor) + (Statewide base per pupil funding x District nonpersonnel costs factor)) x District size factor.

(3.5) Minimum per pupil funding shall be:

(a) For the 2003-04 budget year, $5,511;

(b) For the 2004-05 budget year through the 2006-07 budget year, the dollar amount set forth in paragraph (a) of this subsection (3.5) increased by the percentage by which the statewide base per pupil funding for that budget year, as specified in paragraph (a) of subsection (5) of this section, is increased over the statewide base per pupil funding for the 2003-04 budget year. Such amount shall be rounded to the nearest dollar.

(c) For the 2007-08 budget year, an amount equal to ninety-four and three tenths percent of the minimum per pupil funding base;

 

(d) (I) For the 2008-09 budget year and budget years thereafter, an amount equal to ninety-five percent of the minimum per pupil funding base.

 

(II) (A) As used in this subsection (3.5), for the 2008-09 budget year, minimum per pupil funding base means the total of the calculation specified in sub-subparagraph (B) of this subparagraph (II) for all districts for the budget year divided by the statewide funded pupil count minus the statewide online pupil enrollment, for said budget year.

(B) The following calculation shall be used for the purpose of determining the minimum per pupil funding base pursuant to this subparagraph (II):

(District per pupil funding x (District funded pupil count - District online pupil enrollment)) + District at-risk funding.

 

(III) (A) As used in this subsection (3.5), for the 2009-10 budget year and budget years thereafter, minimum per pupil funding base means the total of the calculation specified in sub-subparagraph (B) of this subparagraph (III) for all districts for the budget year divided by the statewide funded pupil count minus the statewide online pupil enrollment and minus the statewide extended high school pupil enrollment, for said budget year.

(B) The following calculation shall be used for the purpose of determining the minimum per pupil funding base pursuant to this subparagraph (III):

(District per pupil funding x (District funded pupil count - District online pupil enrollment - District extended high school pupil enrollment)) + District at-risk funding.

(4) A districts at-risk funding shall be determined in accordance with one of the following formulas:

 

(a) (I) If the district percentage of at-risk pupils is equal to or less than the statewide average percentage of at-risk pupils or the districts funded pupil count is equal to or less than four hundred fifty-nine, the formula shall be:

(District per pupil funding x 12%) x District at-risk pupils.

(II) Repealed.

 

(b) (I) If the district percentage of at-risk pupils is greater than the statewide average percentage of at-risk pupils and the districts funded pupil count is greater than four hundred fifty-nine, the formula shall be:

((District per pupil funding x 12%) x (Statewide average percentage of at-risk pupils x District pupil enrollment)) + ((District per pupil funding x District at-risk factor) x (District at-risk pupils - (Statewide average percentage of at-risk pupils x District pupil enrollment))).

(II) Repealed.

(4.5) A districts online funding shall be determined in accordance with the following formulas:

(a) Repealed.

(b) For the 2003-04 budget year through the 2006-07 budget year, the formula shall be:

(Minimum per pupil funding x District online pupil enrollment).

 

(c) (I) For the 2007-08 budget year and budget years thereafter, a districts online funding shall be:

(District online pupil enrollment x $6,135).

(II) Subject to the provisions of subparagraph (III) of this paragraph (c), for the 2008-09 budget year and budget years thereafter, the dollar amount set forth in subparagraph (I) of this paragraph (c) shall be increased by the percentage by which the statewide base per pupil funding for that budget year, as specified in paragraph (a) of subsection (5) of this section, is increased over the statewide base per pupil funding for the 2007-08 budget year, as specified in subparagraph (XIV) of paragraph (a) of subsection (5) of this section. Such amount shall be rounded to the nearest dollar.

(III) In any budget year in which the provisions of subsection (5)(g) of this section apply, the department of education shall calculate a districts reduction amount for online funding by multiplying the budget stabilization factor calculated for the applicable budget year pursuant to subsection (5)(g)(II)(A) of this section by the districts online funding calculated pursuant to subsection (4.5)(c)(II) of this section for the applicable budget year. A districts online funding for the applicable budget year shall be the greater of:

(A) The districts online funding amount calculated for the applicable budget year pursuant to subparagraph (II) of this paragraph (c) minus the districts reduction amount calculated for the applicable budget year pursuant to this subparagraph (III) for online funding; or

(B) An amount equal to the base per pupil funding amount specified in paragraph (a) of subsection (5) of this section for the applicable budget year multiplied by the districts online pupil enrollment for the applicable budget year.

 

(4.7) (a) For the 2009-10 budget year and budget years thereafter, a districts extended high school funding shall be determined in accordance with the following formula:

(District extended high school pupil enrollment x $6,135, or an amount determined pursuant to paragraph (b) of this subsection (4.7)).

(b) Subject to the provisions of paragraph (c) of this subsection (4.7), for the 2010-11 budget year and budget years thereafter, the dollar amount set forth in paragraph (a) of this subsection (4.7) shall be increased by the percentage by which the statewide base per pupil funding for that budget year, as specified in paragraph (a) of subsection (5) of this section, is increased over the statewide base per pupil funding for the 2007-08 budget year, as specified in subparagraph (XIV) of paragraph (a) of subsection (5) of this section. The amount shall be rounded to the nearest dollar.

(c) In any budget year in which the provisions of subsection (5)(g) of this section apply, the department of education shall calculate a districts reduction amount for extended high school funding by multiplying the budget stabilization factor calculated for the applicable budget year pursuant to subsection (5)(g)(II)(A) of this section by the amount of the districts extended high school funding calculated pursuant to subsection (4.7)(b) of this section for the applicable budget year. A districts extended high school funding for the applicable budget year shall be the greater of:

(I) The districts extended high school funding calculated for the applicable budget year pursuant to paragraph (b) of this subsection (4.7) minus the districts reduction amount calculated for the applicable budget year pursuant to this paragraph (c) for extended high school funding; or

(II) An amount equal to the base per pupil funding amount specified in paragraph (a) of subsection (5) of this section for the applicable budget year multiplied by the districts extended high school pupil enrollment for the applicable budget year.

(5) For purposes of the formulas used in this section:

(a) (I) to (XII) Repealed.

(XIII) For the 2006-07 budget year, the statewide base per pupil funding shall be $4,863.87, which is an amount equal to $4,717.62 supplemented by $146.25 to account for inflation plus an additional one percentage point.

(XIV) For the 2007-08 budget year, the statewide base per pupil funding shall be $5,087.61, which is an amount equal to $4,863.87 supplemented by $223.74 to account for inflation plus an additional one percentage point.

(XV) For the 2008-09 budget year, the statewide base per pupil funding shall be $5,250.41, which is an amount equal to $5,087.61 supplemented by $162.80 to account for inflation plus an additional one percentage point.

(XVI) For the 2009-10 budget year, the statewide base per pupil funding shall be $5,507.68, which is an amount equal to $5,250.41 supplemented by $257.27 to account for inflation plus an additional one percentage point.

(XVII) For the 2010-11 budget year, the statewide base per pupil funding shall be $5,529.71, which is an amount equal to $5,507.68 supplemented by $22.03, to account for inflation plus an additional one percentage point.

(XVIII) For the 2011-12 budget year, the statewide base per pupil funding shall be $5,634.77, which is an amount equal to $5,529.71 supplemented by $105.06 to account for inflation.

(XIX) For the 2012-13 budget year, the statewide base per pupil funding is $5,843.26, which is an amount equal to $5,634.77 supplemented by $208.49 to account for inflation.

(XX) For the 2013-14 budget year, the statewide base per pupil funding is $5,954.28, which is an amount equal to $5,843.26, supplemented by $111.02 to account for inflation.

(XXI) For the 2014-15 budget year, the statewide base per pupil funding is $6,121, which is an amount equal to $5,954.28, supplemented by $166.72 to account for inflation.

(XXII) For the 2015-16 budget year, the statewide base per pupil funding is $6,292.39, which is an amount equal to $6,121, supplemented by $171.39 to account for inflation.

(XXIII) For the 2016-17 budget year, the statewide base per pupil funding is $6,367.90, which is an amount equal to $6,292.39, supplemented by $75.51 to account for inflation.

(XXIV) For the 2017-18 budget year, the statewide base per pupil funding is $6,546.20, which is an amount equal to $6,367.90, supplemented by $178.30 to account for inflation.

(XXV) For the 2018-19 budget year, the statewide base per pupil funding is $6,768.77, which is an amount equal to $6,546.20, supplemented by $222.57 to account for inflation.

(XXVI) For the 2019-20 budget year, the statewide base per pupil funding is $6,951.53, which is an amount equal to $6,768.77, supplemented by $182.76 to account for inflation.

(XXVII) For the 2020-21 budget year, the statewide base per pupil funding is $7,083.61, which is an amount equal to $6,951.53, supplemented by $132.08 to account for inflation.

 

(b) (I) Repealed.

(I.2) to (I.4)Repealed.

(I.5) A districts size factor for the 2003-04 budget year and budget years thereafter shall be determined in accordance with the following formula:

If the districts funded The districts

pupil count is: size factor shall be: Less than 2761.5457 + (0.00376159 x the difference

between the funded pupil count and 276)

276 or more but less than 4591.2385 + (0.00167869 x the difference

between the funded pupil count and 459)

459 or more but less than 1,0271.1215 + (0.00020599 x the difference

between the funded pupil count and 1,027)

1,027 or more but less than 2,2931.0533 + (0.00005387 x the difference

between the funded pupil count and 2,293)

2,293 or more but less than 3,5001.0368 + (0.00001367 x the difference

between the funded pupil count and 3,500)

3,500 or more but less than 5,0001.0297 + (0.00000473 x the difference

between the funded pupil count and 5,000)

5,000 or more1.0297

 

(II) (A) Except as otherwise allowed for qualified school districts pursuant to sub-subparagraph (B) of this subparagraph (II), as it existed prior to July 1, 2001, if the reorganization of any district or districts results in any district involved in the reorganization having a higher size factor than the original district or districts had for the budget year immediately preceding reorganization, the districts involved in the reorganization shall be allowed, for each budget year, the size factor the original district had prior to the reorganization or, if two or more districts reorganize into a single district, the size factor of the original district with the lowest size factor for the budget year immediately preceding reorganization. Except as otherwise allowed for qualified school districts pursuant to sub-subparagraph (B) of this subparagraph (II), as it existed prior to July 1, 2001, no district involved in the reorganization shall, for any budget year, be allowed the size factor that would otherwise be provided by this paragraph (b).

(B) Repealed.

(III) If the reorganization of any district or districts results in any district involved in the reorganization having a lower size factor than the original district or districts had for the budget year immediately preceding reorganization, the new district or districts shall be allowed a size factor determined as follows:

(A) For the first budget year following reorganization, the size factor of the original district for the budget year immediately preceding reorganization or, if two or more districts are involved in the reorganization, the weighted average size factor of the original districts for the budget year immediately preceding reorganization. For purposes of this sub-subparagraph (A), the weighted average size factor shall be the sum of the amounts calculated by multiplying the funded pupil counts of the original districts by the size factor of the original districts and dividing that sum by the total funded pupil count of the original districts.

(B) For the second budget year following reorganization, the size factor for the prior budget year minus an amount equal to one-fifth of the difference between the size factor for the prior budget year and the size factor determined pursuant to subparagraph (I) of this paragraph (b);

(C) For the third budget year following reorganization, the size factor for the prior budget year minus an amount equal to one-fourth of the difference between the size factor for the prior budget year and the size factor determined pursuant to subparagraph (I) of this paragraph (b);

(D) For the fourth budget year following reorganization, the size factor for the prior budget year minus an amount equal to one-third of the difference between the size factor for the prior budget year and the size factor determined pursuant to subparagraph (I) of this paragraph (b);

(E) For the fifth budget year following reorganization, the size factor for the prior budget year minus an amount equal to one-half of the difference between the size factor for the prior budget year and the size factor determined pursuant to subparagraph (I) of this paragraph (b);

(F) For the sixth budget year following reorganization and budget years thereafter, the size factor determined pursuant to subparagraph (I) of this paragraph (b).

(IV) For the 1998-99 budget year and budget years thereafter, the funded pupil count used to calculate a districts size factor pursuant to this paragraph (b) shall be the funded pupil count, as calculated pursuant to section 22-54-103 (7), reduced by sixty-five percent of the number of pupils included in the funded pupil count that are enrolled in charter schools in the district; except that the provisions of this subparagraph (IV) shall only apply to those districts with a funded pupil count, as calculated pursuant to section 22-54-103 (7), of five hundred or less.

 

(c) (I) The cost of living factor allowed for each district pursuant to this paragraph (c) reflects the differences in the costs of housing, goods, and services among regions in which districts are located. Such factor does not reflect any annual increase in the costs of housing, goods, and services caused by inflation.

(II) (A) and (B) Repealed.

(B.1) Except as provided in subparagraph (IV) of this paragraph (c), for the 2000-01 budget year and budget years thereafter through the 2013-14 budget year, a districts cost of living factor is the districts cost of living factor for the prior budget year, but, if the percentage change in the districts cost of living amount from the previous cost of living study to the current cost of living study is greater than the percent increase in the income level used in the cost of living study, a districts cost of living factor is determined by dividing the percentage change in the districts cost of living amount from the previous cost of living study to the current cost of living study by the percent increase in the income level used in the cost of living study, dividing said amount by one thousand and rounding to the nearest one-thousandth of one percent, and adding the result obtained to the districts cost of living factor for the prior budget year.

(C) For purposes of this subparagraph (II) and subparagraph (II.5) of this paragraph (c), a districts cost of living amount refers to the values as adjusted for district labor pool areas.

(II.5) Except as provided in subparagraph (IV) of this paragraph (c), for the 2014-15 budget year and budget years thereafter, a districts cost of living factor is the districts cost of living factor for the prior budget year; except that:

(A) If the percent increase in the income level used in the cost of living study is one percent or less and if the percentage change in the districts cost of living amount from the previous cost of living study to the current cost of living study is greater than one percent, a districts cost of living factor is determined by dividing the percentage change in the districts cost of living amount from the previous cost of living study to the current cost of living study by one percent, dividing said amount by one thousand and rounding to the nearest thousandth of one percent and adding the result obtained to the districts cost of living factor for the prior budget year; or

(B) If the percent increase in the income level used in the cost of living study is more than one percent and if the percentage change in the districts cost of living amount from the previous cost of living study to the current cost of living study is greater than the percent increase in the income level used in the cost of living study, a districts cost of living factor is determined by dividing the percentage change in the districts cost of living amount from the previous cost of living study to the current cost of living study by the percent increase in the income level used in the cost of living study, dividing said amount by one thousand and rounding to the nearest thousandth of one percent and adding the result obtained to the districts cost of living factor for the prior budget year.

 

(III) (A) Based upon the cost of living analysis conducted pursuant to the SB 93-87 setting category study, the staff of the legislative council shall certify the cost of living factor for each district to the department of education no later than ten days following April 27, 1994. Such cost of living factors shall be effective for the 1994-95 budget year and the budget year thereafter. The cost of living factor for each district shall be certified to the department by the staff of the legislative council for each two-year period thereafter based upon a new cost of living analysis. The certification shall be made no later than April 15 of the applicable year and shall be effective for the budget year beginning on July 1 of such year and the budget year thereafter. If the income level used in a cost of living analysis does not increase above the income level used in the previous cost of living analysis, the cost of living factor for each district remains the same as the cost of living factor derived from the previous cost of living analysis.

(B) For the 2003-04 budget year and each budget year thereafter in which a new cost of living analysis is required pursuant to sub-subparagraph (A) of this subparagraph (III), the department of education shall transfer a portion of the total amount appropriated by the general assembly in the annual general appropriation bill for that budget year for assistance to public schools, public school finance, state share of districts total program funding to the legislative council to fund the cost of living analysis required by sub-subparagraph (A) of this subparagraph (III). The amount transferred by the department shall not exceed the maximum amount specified in a footnote related to this appropriation in the annual general appropriation bill for that budget year. The remainder of the amount appropriated for assistance to public schools, public school finance, state share of districts total program funding shall be distributed to school districts in the manner provided in section 22-54-106 (4)(c).

 

(IV) (A) The department of education shall promulgate rules and regulations for the assignment of a cost of living factor to any new district organized pursuant to article 30 of this title, except for new districts that are created as the result of a deconsolidation as described in section 22-30-102 (2)(a), until the cost of living factor for such district is certified by the staff of the legislative council pursuant to subparagraph (III) of this paragraph (c).

(B) The rules and regulations promulgated pursuant to this subparagraph (IV) shall be designed to provide neither an incentive nor a disincentive to the organization of new districts pursuant to article 30 of this title and shall include provisions to ensure that the cost of living factor within a new district is not reduced solely because the new district is the result of a consolidation of existing districts. Such rules and regulations shall consider the cost of living factors assigned to the districts that are affected by the organization of the new district and the circumstances of the new district based on the most recent cost of living analysis performed by the legislative council.

(C) New districts that are created as the result of a deconsolidation as described in section 22-30-102 (2)(a) shall retain the cost of living factor of the district from which they were separated until the cost of living factor for the new district is certified by the staff of the legislative council pursuant to subparagraph (III) of this paragraph (c).

(d) A districts personnel costs factor for the 1994-95 budget year and budget years thereafter shall be determined in accordance with the following formula:

 

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(e) A districts nonpersonnel costs factor for the 1994-95 budget year and budget years thereafter shall be the difference between 1.00 and the districts personnel costs factor.

 

(f) (I) If the district percentage of at-risk pupils is greater than the statewide average percentage of at-risk pupils and the districts funded pupil count is greater than four hundred fifty-nine but not in excess of fifty thousand, the districts at-risk factor shall be 12% plus a 0.30 percentage point for each percentage point that the district percentage of at-risk pupils exceeds the statewide average percentage of at-risk pupils; except that no districts at-risk factor shall exceed 30%.

(II) If the district percentage of at-risk pupils is greater than the statewide average percentage of at-risk pupils and the districts funded pupil count is greater than fifty thousand, the districts at-risk factor shall be 12% plus a 0.36 percentage point for each percentage point that the district percentage of at-risk pupils exceeds the statewide average percentage of at-risk pupils; except that no districts at-risk factor shall exceed 30%.

 

(g) (I) For the 2010-11 budget year and each budget year thereafter, the general assembly determines that stabilization of the state budget requires a reduction in the amount of the annual appropriation to fund the states share of total program funding for all districts and the funding for institute charter schools. The department of education shall implement the reduction in total program funding through the application of a budget stabilization factor as provided in this subsection (5)(g)(I). For the 2010-11 budget year and each budget year thereafter, the department of education and the staff of the legislative council shall determine, based on budget projections, the amount of such reduction to ensure the following:

(A) That, for the 2010-11 budget year, the sum of the total program funding for all districts, including the funding for institute charter schools, equals five billion two hundred twenty-five million two hundred forty-four thousand eight hundred eighty-five dollars ($5,225,244,885); except that, for the 2010-11 budget year, for the purpose of distributing moneys for certain programs for which the amount of per pupil funding is a component in the calculation of the total distribution amount, the provisions of subparagraph (VI) of this paragraph (g) shall apply.

(B) That, for the 2011-12 budget year, the sum of the total program funding for all districts, including the funding for institute charter schools, after application of the budget stabilization factor, is not less than five billion two hundred twenty-nine million five hundred sixty thousand three hundred forty-six dollars ($5,229,560,346); except that the department of education and the staff of the legislative council shall make mid-year revisions to replace projections with actual figures including, but not limited to, actual pupil enrollment, assessed valuations, and specific ownership tax revenue from the prior year, to determine any necessary changes in the amount of the reduction to maintain a total program funding amount for the 2011-12 budget year that is consistent with this subsection (5)(g)(I)(B).

(C) That, for the 2012-13 budget year, the sum of the total program funding for all districts, including the funding for institute charter schools, after application of the budget stabilization factor, is not less than five billion two hundred ninety-four million thirty-three thousand four hundred forty-nine dollars ($5,294,033,449); except that the department of education and the staff of the legislative council shall make mid-year revisions to replace projections with actual figures including, but not limited to, actual pupil enrollment, assessed valuations, and specific ownership tax revenue from the prior year, to determine any necessary changes in the amount of the reduction to maintain a total program funding amount for the 2012-13 budget year that is consistent with this subsection (5)(g)(I)(C).

(D) That, for the 2013-14 budget year, the sum of the total program funding for all districts, including the funding for institute charter schools, after application of the budget stabilization factor, is not less than five billion five hundred twenty-four million forty-six thousand seven hundred sixty-seven dollars ($5,524,046,767); except that the department of education and the staff of the legislative council shall make mid-year revisions to replace projections with actual figures including, but not limited to, actual pupil enrollment, assessed valuations, and specific ownership tax revenue from the prior year, to determine any necessary changes in the amount of the reduction to maintain a total program funding amount for the applicable budget year that is consistent with this subsection (5)(g)(I)(D).

(E) That, for the 2014-15 budget year, the sum of the total program funding for all districts, including the funding for institute charter schools, after application of the budget stabilization factor, is not less than five billion nine hundred thirty million ninety-one thousand six hundred sixty dollars ($5,930,091,660); except that the department of education and the staff of the legislative council shall make mid-year revisions to replace projections with actual figures including, but not limited to, actual pupil enrollment, assessed valuations, and specific ownership tax revenue from the prior year, to determine any necessary changes in the amount of the reduction to maintain a total program funding amount for the applicable budget year that is consistent with this subsection (5)(g)(I)(E). For the 2015-16 budget year, the difference between calculated statewide total program funding and actual statewide total program funding must not exceed the difference between calculated statewide total program funding and actual statewide total program funding for the 2014-15 budget year.

(F) That, for the 2015-16 budget year, the sum of the total program funding for all districts, including the funding for institute charter schools, after application of the budget stabilization factor, is not less than six billion two hundred thirty-three million eight hundred thirty-five thousand forty-four dollars ($6,233,835,044); except that the department of education and the staff of the legislative council shall make mid-year revisions to replace projections with actual figures, including but not limited to actual pupil enrollment, assessed valuations, and specific ownership tax revenue from the prior year, to determine any necessary changes in the amount of the reduction to maintain a total program funding amount for the applicable budget year that is consistent with this subsection (5)(g)(I)(F). For the 2016-17 budget year, the difference between calculated statewide total program funding and actual statewide total program funding must not exceed the difference between calculated statewide total program funding and actual statewide total program funding for the 2015-16 budget year.

(G) That, for the 2016-17 budget year, the sum of the total program funding for all districts, including the funding for institute charter schools, after application of the budget stabilization factor, is not less than six billion three hundred seventy-two million two hundred eighty-four thousand one hundred ninety-four dollars ($6,372,284,194); except that the department of education and the staff of the legislative council shall make mid-year revisions to replace projections with actual figures, including but not limited to actual pupil enrollment, assessed valuations, and specific ownership tax revenue from the prior year, to determine any necessary changes in the amount of the reduction to maintain a total program funding amount for the applicable budget year that is consistent with this subsection (5)(g)(I)(G). For the 2017-18 budget year, the difference between calculated statewide total program funding and actual statewide total program funding must not exceed the difference between calculated statewide total program funding and actual statewide total program funding for the 2016-17 budget year.

(H) That, for the 2017-18 budget year, the sum of the total program funding for all districts, including the funding for institute charter schools, after application of the budget stabilization factor, is not less than six billion six hundred twenty-seven million seven hundred twenty-four thousand nine hundred sixty-five dollars ($6,627,724,965); except that the department of education and the staff of the legislative council shall make mid-year revisions to replace projections with actual figures, including but not limited to actual pupil enrollment, assessed valuations, and specific ownership tax revenue from the prior year, to determine any necessary changes in the amount of the reduction to maintain a total program funding amount for the applicable budget year that is consistent with this subsection (5)(g)(I)(H). For the 2018-19 budget year, the difference between calculated statewide total program funding and actual statewide total program funding must not exceed the difference between calculated statewide total program funding and actual statewide total program funding for the 2017-18 budget year.

(I) That, for the 2018-19 budget year, the sum of the total program funding for all districts, including the funding for institute charter schools, after application of the budget stabilization factor, is not less than seven billion sixty-six million fifty thousand nine hundred seventy dollars ($7,066,050,970); except that the department of education and the staff of the legislative council shall make mid-year revisions to replace projections with actual figures, including but not limited to actual pupil enrollment, assessed valuations, and specific ownership tax revenue from the prior year, to determine any necessary changes in the amount of the reduction to maintain a total program funding amount for the applicable budget year that is consistent with this subsection (5)(g)(I)(I). For the 2019-20 budget year, the difference between calculated statewide total program funding and actual statewide total program funding must not exceed the difference between calculated statewide total program funding and actual statewide total program funding for the 2018-19 budget year.

(J) That, for the 2019-20 budget year, the sum of the total program funding for all districts, including the funding for institute charter schools, after application of the budget stabilization factor, is not less than seven billion six hundred three million nine hundred seven thousand nine hundred seventy-seven dollars ($7,603,907,977); except that the department of education and the staff of the legislative council shall make mid-year revisions to replace projections with actual figures, including but not limited to actual pupil enrollment, assessed valuations, and specific ownership tax revenue from the prior year, to determine any necessary changes in the amount of the reduction to maintain a total program funding amount for the applicable budget year that is consistent with this subsection (5)(g)(I)(J).

(K) That, for the 2020-21 budget year, the sum of the total program funding for all districts, including the funding for institute charter schools, after application of the budget stabilization factor, is not less than seven billion two hundred thirty-two million two hundred seventy thousand four hundred eighty-two dollars ($7,232,270,482); except that the department of education and the staff of the legislative council shall make mid-year revisions to replace projections with actual figures, including but not limited to actual pupil enrollment, assessed valuations, and specific ownership tax revenue from the prior year, to determine any necessary changes in the amount of the reduction to maintain a total program funding amount for the applicable budget year that is consistent with this subsection (5)(g)(I)(K). For the 2021-22 budget year, the difference between calculated statewide total program funding and actual statewide total program funding must not exceed the difference between calculated statewide total program funding and actual statewide total program funding for the 2020-21 budget year.

(II) For the 2010-11 budget year and each budget year thereafter, the department of education shall:

(A) Calculate the budget stabilization factor for the applicable budget year by dividing the reduction in total program funding for the applicable budget year, as specified in subsection (5)(g)(I) of this section, by the sum of the total program funding amounts of all districts as calculated pursuant to subsection (2) of this section, including the funding for institute charter schools, for the applicable budget year; and

(B) Calculate each districts and each institute charter schools reduction amount by multiplying the budget stabilization factor by the districts total program funding calculated pursuant to subsection (2) of this section for the applicable budget year for the district and for any institute charter school located within the district.

(III) For the 2010-11 budget year and each budget year thereafter, except as otherwise provided in subparagraphs (IV) and (V) of this paragraph (g), a districts total program shall be the greater of:

(A) The amount calculated pursuant to subsection (2) of this section for the applicable budget year, including funding for any institute charter school located within the district, minus the districts reduction amount for the applicable budget year; or

(B) An amount equal to the base per pupil funding amount specified in paragraph (a) of subsection (5) of this section for the applicable budget year, multiplied by the districts funded pupil count for the applicable budget year.

(IV) For the 2010-11 budget year, and each budget year thereafter, the total program funding for a district that levies the number of mills calculated pursuant to section 22-54-106 (2)(a)(II), (2.1)(b)(I)(C), or (2.1)(c)(I), whichever is applicable, is the amount calculated pursuant to subsection (2) of this section for the applicable budget year. Any such district shall use the revenues generated by the number of mills that the district levies pursuant to section 22-54-106 (2)(a)(II), (2.1)(b)(I)(C), or (2.1)(c)(I), whichever is applicable, to replace any categorical program support funds that the district would otherwise be eligible to receive from the state; except that the amount of categorical program support funds that the district is required to replace must not exceed an amount equal to the districts reduction amount. The department shall use the amount of categorical program support funds replaced by property tax revenue pursuant to this subsection (5)(g)(IV) to make payments of categorical program support funds to eligible districts as specified in section 22-54-107 (4).

(V) For the 2010-11 budget year and each budget year thereafter, if a district levies the number of mills calculated pursuant to section 22-54-106 (2)(a)(I), (2.1)(b)(I)(A), (2.1)(b)(I)(B), or (2.1)(b)(II), or (2.1)(c)(II), (2.1)(c)(III),or (2.1)(c)(IV), whichever is applicable, and the districts reduction amount exceeds the districts state share of total program funding, such districts total program funding is the amount calculated pursuant to subsection (2) of this section for the applicable budget year, minus the districts state aid. Any such district shall use the revenues generated by the number of mills that the district levies pursuant to section 22-54-106 (2)(a)(I), (2.1)(b)(I)(A), (2.1)(b)(I)(B), or (2.1)(b)(II), or (2.1)(c)(II), (2.1)(c)(III), or (2.1)(c)(IV), whichever is applicable, to replace any categorical program support funds that the district would otherwise be eligible to receive from the state; except that the amount of categorical program support funds that the district is required to replace must not exceed an amount equal to the remainder of the districts reduction amount after the reduction to the districts total program has been applied pursuant to this subsection (5)(g)(V). The department of education shall use the amount of categorical program support funds replaced by property tax revenue pursuant to this subsection (5)(g)(V) to make payments of categorical program support funds to eligible districts as specified in section 22-54-107 (4).

(VI) For the 2010-11 budget year, two sources of federal moneys, totaling two hundred sixteen million three hundred fifty-eight thousand one hundred sixty-four dollars ($216,358,164), have been made available to districts and are being allocated to districts by the department of education based on the formulas specified in subsection (2) of this section. Accordingly, the states share of total program funding for all districts, including the funding for institute charter schools for the 2010-11 budget year, has been reduced by said amount as is reflected in the sum of total program funding for the 2010-11 budget year specified in sub-subparagraph (A) of subparagraph (I) of this paragraph (g). For the 2010-11 budget year, it is the general assemblys intent that the department of education calculate total program funding for the following purposes as if the states share of total program funding for the 2010-11 budget year was not reduced as specified in this subparagraph (VI):

(A) Any distribution or allocation of moneys for which the amount of per pupil revenues or per pupil funding is a component in the calculation of the amount distributed or allocated;

(B) A districts online funding pursuant to paragraph (c) of subsection (4.5) of this section;

(C) A districts extended high school funding pursuant to subsection (4.7) of this section; and

(D) The amount of property tax revenue that a district is required to use to replace categorical program support funds pursuant to subparagraph (IV) or (V) of this paragraph (g).

(VII) As used in this subsection (5)(g), unless the context otherwise requires:

(A) Actual statewide total program funding means the sum of the total program funding for all districts, including the funding for institute charter schools, as calculated pursuant to subsection (2) of this section, after application of the budget stabilization factor pursuant to this subsection (5)(g).

(B) Calculated statewide total program funding means the sum of the total program funding for all districts, including the funding for institute charter schools, as calculated pursuant to subsection (2) of this section, before application of the budget stabilization factor pursuant to this subsection (5)(g).

(6) (a) and (b) Repealed.

(c) The definitions contained in section 22-54-104.3 shall be applicable to this subsection (6).

History

SOURCE:
Source: L. 94: Entire article added with relocations, p. 782, 2, effective April 27; (2)(b)(II)(B) amended, p. 1282, 3, effective May 22. L. 95: (2)(a), (4)(b), and (5)(a) amended, p. 612, 14, effective May 22. L. 96: (5)(c)(III) amended, p. 1, 1, effective January 16; (2)(a)(III), (2)(a)(IV), and (5)(a)(III) added and (5)(c)(II) amended, pp. 1790, 1791, 1, 2, 3, effective June 4; (5)(c)(II) amended and (5)(c)(IV) added, p. 63, 19, effective July 1. L. 97: (2)(a)(IV), IP(2)(b), (2)(b)(II)(A), (4), (5)(b)(II), (5)(b)(III), and (5)(f) amended and (5)(a)(IV) added, pp. 578-580, 1-3, 5, effective April 30. L. 98: (2)(a)(IV)(D), (5)(b)(I), and (5)(c)(II) amended and (5)(a)(V), (5)(b)(I.2), (5)(b)(I.3), and (5)(b)(IV) added, pp. 966, 964, 963, 969, 9, 10, 4, 1, 11, effective May 27. L. 99: (2)(a)(III) and (2)(a)(IV)(C) amended and (2)(a)(III.5), (2)(a)(III.6), and (5)(a)(VI) added, pp. 178, 176, 11, 1, effective March 30; (5)(b)(II) amended, p. 906, 1, effective July 1. L. 2000: (2)(a)(IV)(D), (5)(b)(I.3)(A), (5)(c)(II)(B), and (5)(f) amended and (5)(a)(VII), (5)(b)(I.3)(C), (5)(b)(I.4), (5)(c)(II)(B.1) added, pp. 482, 483, 484, 485, 483, 484 1, 3, 5, 6, 2, 4, effective April 28; (5)(b)(I.3)(B) repealed, p. 1546, 5, effective August 2. L. 2001: IP(2)(a)(III.5), (2)(a)(III.6), (4), and (5)(f)(II) amended and (2)(a)(III.7), (2)(a)(III.8), and (5)(a)(VIII) added, pp. 343, 339, 5, 1, effective April 16. L. 2002: (2)(a)(III.7) and (2)(a)(III.8) amended, (2)(a)(IV) amended resulting in its renumbering as (2)(a.5), and (2)(a)(V), (2)(a)(VI), (4.5), and (5)(a)(IX) added, pp. 1734, 1735, 3, 4, 5, effective June 7. L. 2003: (2)(a)(VI) and (2)(a.5) repealed, IP(2)(b), (2)(b)(II)(A), (4), (4.5)(b), (5)(b)(I.4), and (5)(c)(III) amended, and (3.5), (5)(a)(X), and (5)(b)(I.5) added, pp. 2120, 2139, 2121, 2122, 6, 41, 7, 8, 10, 11, 9, effective May 22. L. 2004: IP(2)(a)(V), IP(2)(b), (2)(b)(II)(A), (4), (5)(c)(II)(B.1), and (5)(f) amended and (2)(a)(VII) and (5)(a)(XI) added, pp. 1387, 1388, 1390, 1389, 3, 4, 6, 5, effective May 28; (1) amended, p. 1638, 43, effective July 1. L. 2005: (2)(b)(II)(A), (4), and (5)(f) amended and (5)(a)(XII) added, pp. 431, 430, 3, 1, effective April 29. L. 2006: (5)(a)(XIII) added, p. 660, 1, effective April 28; (2)(a)(I) to (2)(a)(III), (2)(a)(III.5) to (2)(a)(III.7), (2)(a)(V), (4)(a)(II), (4)(b)(II), (4.5)(a), (5)(a)(I) to (5)(a)(XI), (5)(b)(I), (5)(b)(I.2) to (5)(b)(I.4), (5)(c)(II)(A), (5)(c)(II)(B), and (6)(a) repealed and (2)(b)(II)(A) and (5)(f) amended, pp. 612, 618, 44, 42, effective August 7. L. 2007: IP(2)(a)(VII), (3.5), and (4.5) amended, (2)(a)(VIII) and (5)(a)(XIV) added, and (5)(a)(XII) repealed, pp. 734, 733, 745, 3, 1, 28, effective May 9. L. 2008: (3.5)(d)(II)(A) amended and (5)(a)(XV) added, pp. 1218, 1194, 33, 2, effective May 22. L. 2009: (5)(a)(XV) amended, (SB 09-215), ch. 134, p. 578, 1, effective April 17; IP(2)(a)(VIII) and (3.5)(d)(II)(A) amended and (2)(a)(IX), (3.5)(d)(III), and (4.7) added, (HB 09-1319), ch. 286, pp. 1319, 1320, 7, 8, 9, effective May 21; (5)(a)(XVI) added, (SB 09-256), ch. 294, p. 1548, 1, effective May 21. L. 2010: IP(2)(a)(IX), (4.5)(c), and (4.7) amended and (5)(a)(XVII) and (5)(g) added, (HB 10-1369), ch. 246, pp. 1095, 1097, 2, 4, 1, 3, effective May 21. L. 2011: (5)(g)(I) amended and (5)(g)(VI) added, (SB 11-157), ch. 10, p. 21, 2, effective March 9; (4.5)(c)(III), (4.7)(c), IP(5)(g)(I), (5)(g)(I)(B), (5)(g)(II), (5)(g)(III), (5)(g)(IV), and (5)(g)(V) amended and (5)(a)(XVIII) added, (SB 11-230), ch. 305, pp. 1468, 1469, 1464, 1465, 12, 13, 3, 4, 2, effective June 9. L. 2012: (5)(g)(I)(B) amended and (5)(g)(I)(C) added, (HB 12-1201), ch. 3, p. 4, 2, effective March 1; (5)(a)(XIX) added and (5)(g)(I)(C) amended, (HB 12-1345), ch. 188, p. 715, 1, effective May 19. L. 2013: (5)(g)(I)(C) amended and (5)(g)(1)(D) added, (SB 13-108), ch. 116, p. 399, 2, effective April 8; (5)(a)(XX) and (5)(g)(I)(E) added and (5)(g)(I)(D) amended, (SB 13-260), ch. 236, pp. 1138, 1139, 1, 3, effective May 17; (6)(b) repealed, (HB 13-1219), ch. 104, p. 364, 13, effective August 7. L. 2014: (5)(g)(I)(D) amended, (HB 14-1251), ch. 17, p. 133, 2, effective February 27; (5)(g)(I)(E) amended, (HB 14-1292), ch. 243, p. 901, 2, effective May 21; (5)(a)(XXI), (5)(c)(II.5), and (5)(g)(VII) added and (5)(c)(II)(B.1), (5)(c)(II)(C), (5)(c)(III)(A), and (5)(g)(I)(E) amended, (HB 14-1298), ch. 244, pp. 919, 921, 922, 1, 2, 4, and 5, effective May 21. L. 2015: (5)(g)(I)(E) amended, (SB 15-166), ch. 14, p. 35, 2, effective March 13; (5)(a)(XXII) and (5)(g)(I)(F) added, (SB 15-267), ch. 295, p. 1200, 1, effective June 5; (2)(a)(IX), (3.5)(d)(III), (4.7)(a), (4.7)(c), and (5)(g)(VI)(C) amended, (HB 15-1270), ch. 195, p. 656, 3, effective August 5. L. 2016: (5)(g)(I)(F) amended, (HB 16-1253), ch. 9, p. 18, 2, effective March 9; (5)(a)(XXIII), (5)(b)(I.5), and (5)(g)(I)(G) amended, (HB 16-1422), ch. 351, pp. 1429, 1430, 1, 2, effective June 10. L. 2017: IP(5)(g)(I) and (5)(g)(I)(G) amended, (SB 17-173), ch. 9, p. 27, 2, effective March 1; IP(4.5)(c)(III), IP(4.7)(c), IP(5)(g)(I), (5)(g)(I)(B) to (5)(g)(I)(G), (5)(g)(II)(A), (5)(g)(II)(B), IP(5)(g)(VII), (5)(g)(VII)(A), and (5)(g)(VII)(B) amended and (5)(a)(XXIV) and (5)(g)(I)(H) added, (SB 17-296), ch. 313, pp. 1681, 1680, 3, 1, effective June 2. L. 2018: (5)(g)(I)(H) amended, (HB 18-1171), ch. 81, p. 672, 2, effective March 29; (5)(a)(XXV) and (5)(g)(I)(I) added, (HB 18-1379), ch. 250, p. 1537, 1, 2, effective May 24. L. 2019: (5)(g)(I)(I) amended, (SB 19-128), ch. 65, p. 235, 2, effective March 28; (5)(a)(XXVI) and (5)(g)(I)(J) added, (SB 19-246), ch. 151, p. 1785, 1, 2, effective May 10. L. 2020: (5)(g)(I)(J) amended, (HB 20-1260), ch. 13, p. 59, 2, effective March 11; (5)(a)(XXVII) and (5)(g)(I)(K) added and (5)(g)(I)(J), (5)(g)(IV), and (5)(g)(V) amended, (HB 20-1418), ch. 197, pp. 939, 954, 2, 37, effective June 30.; L. 2021: (SB53), ch. 9, 2, effective March 15, 2021.

Annotations

Editors note: (1) Amendments to subsection (5)(c)(II) in House Bill 96-1354 and House Bill 96-1012 were harmonized.

(2) Subsection (5)(b)(II)(B) provided for the repeal of subsection (5)(b)(II)(B), effective July 1, 2001. (See L. 99, p. 906.)

(3) Subsection (2)(a)(IV) was amended by section 3 of chapter 335, Session Laws of Colorado 2002, resulting in the relocation of said subsection to subsection (2)(a.5) to reorganize the section to accommodate future amendments to the provisions relating to a school districts minimum total program funding.

(4) Amendments to subsection IP(5)(g)(I) by sections 1 and 3 of SB 17-296 were harmonized.

(5) Amendments to subsection (5)(g)(I)(G) by SB 17-173 and SB 17-296 were harmonized.

Cross references: (1) For the legislative declaration contained in the 2008 act amending subsection (3.5)(d)(II)(A) and enacting subsection (5)(a)(XV), see section 1 of chapter 286, Session Laws of Colorado 2008. For the legislative declaration in the 2011 act amending subsections (4.5)(c)(III), (4.7)(c), IP(5)(g)(I), (5)(g)(I)(B), (5)(g)(II), (5)(g)(III), (5)(g)(IV), and (5)(g)(V) and adding subsection (5)(a)(XVIII), see section 1 of chapter 305, Session Laws of Colorado 2011. For the legislative declaration in the 2012 act amending subsection (5)(g)(I)(B) and adding subsection (5)(g)(I)(C), see section 1 of chapter 3, Session Laws of Colorado 2012. For the legislative declaration in the 2013 act amending subsection (5)(g)(I)(C) and adding subsection (5)(g)(I)(D), see section 1 of chapter 116, Session Laws of Colorado 2013. For the legislative declaration in HB 14-1251, see section 1 of chapter 17, Session Laws of Colorado 2014. For the legislative declaration in SB 15-166, see section 1 of chapter 14, Session Laws of Colorado 2015. For the legislative declaration in HB 16-1253, see section 1 of chapter 9, Session Laws of Colorado 2016. For the legislative declaration in SB 17-173, see section 1 of chapter 9, Session Laws of Colorado 2017. For the legislative declaration in HB 18-1171, see section 1 of chapter 81, Session Laws of Colorado 2018. For the legislative declaration in SB 19-128, see section 1 of chapter 65, Session Laws of Colorado 2019. For the legislative declaration in HB 20-1418, see section 1 of chapter 197, Session Laws of Colorado 2020. For the legislative declaration in HB 20-1260, see section 1 of chapter 13, Session Laws of Colorado 2020.

(2) For the short title (Student Success Act) in HB 14-1292, see section 1 of chapter 243, Session Laws of Colorado 2014.

ANNOTATION

The public school financing system is constitutional. The financing system contained in this article is rationally related to the thorough and uniform mandate in the constitution because it funds a free public school system that is of a quality marked by completeness, is comprehensive, and is consistent across the state, and does so using a multi-faceted statutory approach that applies uniformly to all of the school districts in this state. Further, the system affords local school districts control over locally raised funds and therefore over instruction in the public schools, and nothing in the system itself requires a particular allocation of local funds. Lobato v. State, 2013 CO 30, 304 P.3d 1132 (Lobato II).

The application of the negative factor to reduce total program funding does not violate article IX, 17(1), of the Colorado constitution. The plain language of 17(1) requires that base per pupil funding increase annually, not total program funding. The reduction in total program funding pursuant to a statutory cap does not violate 17(1) because base funding has not been reduced below its constitutional minimum. Dwyer v. State, 2015 CO 58, 357 P.3d 185.