SB 145

SENATE BILL 26-145
BY SENATOR(S) Bright and Kipp, Carson, Frizell;
also REPRESENTATIVE(S) Boesenecker and Gilchrist, Bradley, Caldwell,
Duran, Garcia Sander, Gonzalez R., Keltie, Marshall, Phillips, Richardson,
Ricks, Slaugh, Stewart K., Woog, McCluskie.
CONCERNING CHARTER  SCHOOL      INVOLVEMENT  IN   LOCAL      BALLOT
     QUESTIONS.
Be it enacted by the General Assembly of the State of Colorado:
       SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
       (a) Every Colorado public school student deserves to have their
education funded fairly and equitably;
       (b) Voters who approve school district bond measures benefit from
clear and accessible information about how bond proceeds are planned,
allocated, and distributed across the schools within a district;
      (c) Transparency in the bond development process supports
informed decision-making by voters, families, and school communities;
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
       (d) In order to make informed choices, voters need and deserve clear
information on how bond proposals were developed, which schools were
included, and why; and
       (e) Strengthening the statutory process regarding transparency and
inclusion in school district planning serves the interests of students,
families, educators, taxpayers, and voters.
       (2) Therefore, it is the intent of the general assembly to improve
transparency and inclusion in how these bonds are planned, communicated,
and more equitably allocated across all students, regardless of the type of
public school they attend.
       SECTION 2. In Colorado Revised Statutes, 22-30.5-403, amend
(1); and add (1.5) as follows:
       22-30.5-403. Definitions.
       As used in this part 4, unless the context otherwise requires:
       (1) "Board of education" 0t "board" means a school disttict board
of education. "ADDITIONAL MILL LEVY" MEANS A MILL LEVY AUTHORIZED
BY SECTION 22-54-108.7.
      (1.5) "BOARD OF EDUCATION" OR "BOARD" MEANS A SCHOOL
DISTRICT BOARD OF EDUCATION.
        SECTION 3. In Colorado Revised Statutes, 22-30.5-404, amend
(l)(b), (3), and (4); repeal (l)(c); and add (2.5) as follows:
      22-30.5-404. Needs-based inclusion of charter schools in district
bond elections - eligibility - allocation of bond revenues.
        ( 1) (b) (I) A school district shall allow for r ept esentation by charter
schools on the school district's long-range planning committee and any
committee established by the school district to assess and prioritize the
district's capital construction needs and shall notify charter schools of the
committee's meeting schedule. Charter schools shall cooperate in
determining the person 01 persons who will 1ep1esentthe interests of charter
PAGE 2-SENATE BILL 26-145
schools on the committee. A  DISTRICT'S   LONG-RANGE      PLANNING
COMMITTEE, IF ONE EXISTS, AND ANY OTHER COMMITTEE ESTABLISHED BY
THE DISTRICT TO ASSESS  OR PRIORITIZE THE DISTRICT'S  CAPITAL
CONSTRUCTION NEEDS SHALL:
       (A) MAINTAIN AT LEAST ONE MEMBERSHIP SEAT ON THE COMMITTEE
FOR A CHARTER SCHOOL REPRESENTATIVE. THE CHARTER SCHOOLS SHALL
COOPERATE TO APPOINT THE REPRESENTATIVES REQUIRED PURSUANT TO
THIS SUBSECTION ( 1)(b )(I)(A).
       (B) CLEARLY NOTIFY THE CHARTER SCHOOLS OF THE COMMITTEE'S
MEETING SCHEDULE.
       (II) IF A COMMITTEE OR BODY THAT IS NOT THE BOARD DEVELOPS A
LIST OF CAPITAL CONSTRUCTION RECOMMENDATIONS FOR THE BOARD TO
INCLUDE IN THE DISTRICT'S BALLOT QUESTION OR QUESTIONS, IT MUST
SOLICIT AND GIVE EQUITABLE CONSIDERATION TO CHARTER SCHOOLS'
CAPITAL CONSTRUCTION NEEDS.
        (c) Each school district that is conside1ing submitting any question
of contracting bonded indebtedness to the eligible electo1s of the distdet at
an upcoming election shall invite each charte1 school charte1 ed by the
dist1ict to participate in discussioms regarding the possible submission of
such a question at the eadiest possible time but no latex than June 1 of the
applicable election y eat, and each school dist1 ict is encom aged to
"oluntadly include funding fox the capital constmction: needs of charter
schools in the distI ict's questions of cont1 acting bonded indebtedness
without I equit ing a eharte1 school to comply with the capital constI uction
plan submission p1ocess set forth in subsection (3) of this section:
       (2.5)   A DISTRICT IS ENCOURAGED TO VOLUNTARILY SUBMIT A
BALLOT QUESTION FOR APPROVAL OF A SPECIAL MILL LEVY OR INCLUDE THE
FUNDING FOR THE CHARTER SCHOOL'S CAP ITAL CONSTRUCTION NEEDS IN THE
DISTRICT'S BALLOT QUESTION OR QUESTIONS FOR APPROVAL OF BONDED
INDEBTEDNESS OR FOR APPROVAL OF AN ADDITIONAL MILL LEVY. IF A
DISTRICT VOLUNTARILY SUBMITS A BALLOT QUESTION OR QUESTIONS
PURSUANT TO THIS SUBSECTION (2.5) AND THE DISTRICT AND THE CHARTER
SCHOOL MUTUALLY AGREE TO THE CONTENT OF THE CHARTER SCHOOL'S
PROPOSAL, THEN COMPLIANCE WITH SUBSECTION (3) OF THIS SECTION IS NOT
REQUIRED.
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       (3) (a) A charter school that seeks to have its capital construction
needs included as part of a ballot question to be submitted by the board of
education of its chartering school district to the voters of the district or that
seeks to obtain funding for its capital construction needs through the
imposition of a special mill levy pursuant to section 22-30.5-405 or an
additional mill levy pursuant to section 22-54-108.7 shall submit a capital
construction plan to the board of education of its charteritrg school district.
The plan shall include: A DISTRICT THAT IS CONSIDERING SUBMITTING TO
THE DISTRICT'S VOTERS A BALLOT QUESTION OR QUESTIONS THAT CONCERN
CAPITAL CONSTRUCTION SHALL SOLICIT PROPOSALS FROM EACH CHARTER
SCHOOL ABOUT THEIR CAPITAL CONSTRUCTION NEEDS.
       (b)   THE SOLICITATION DESCRIBED IN SUBSECTION (3)(a) OF THIS
SECTION MUST:
       (I) BE IN WRITING;
       (II) BE MADE AS EARLY AS PRACTICABLE, BUT NO LATER THAN ONE
HUNDRED TWENTY DAYS BEFORE APPROVING THE BALLOT QUESTION OR
QUESTIONS TO BE SUBMITTED TO THE DISTRICT'S VOTERS; AND
       (Ill) INCLUDE THE DEADLINE FOR THE CHARTER SCHOOL TO RESPOND
TO THE SOLICITATION, WHICH MUST BE NO EARLIER THAN FORTY-FIVE DAYS
AFTER THE DATE OF THE SOLICITATION.
       (c) A CHARTER SCHOOL'S PROPOSAL DESCRIBED IN SUBSECTION (3 )( a)
OF THIS SECTION MUST INCLUDE:
       W (I)     A statement of reasons why the capital construction
PROPOSED to be financed by bonded indebtedness, -or a special MILL LEVY,
or AN additional mill levy is necessary;
       th} (II) A description of the capital construction PROPOSED to be
financed by bonded indebtedness or revenues from a special MILL LEVY or
AN additional mill levy;
       te} (III) A description of the architectural, functional, and
construction standards that meet applicable state building code requirements
and are to be applied to each facility that is the subject of the PROPOSED
capital construction project;
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       W (IV) An estimate of the total cost of completing the capital
construction PROPOSED to be financed by bonded indebtedness or a special
or additional mill levy and, if any moneys MONEY other than proceeds of
bonded indebtedness or a special or additional mill levy and interest earned
on sueh THE proceeds are IS to be used to finance the PROPOSED capital
construction, a breakdown of the moneys MONEY that will be used to
finance the PROPOSED capital construction;
       te} (V) An estimate of the amount of time needed to complete the
PROPOSED capital construction;
        ffl (VI) A statement addressing whether PROPOSED construction and
renovation, payment of overrun costs, and other capital construction project
issues are-to WOULD be managed by the charter school or the district, with
costs for management to be negotiated by the charter school and the district;
      (g} (VII) A statement of reasons why revenue sources other than
bonded indebtedness, or a special MILL LEVY, or AN additional mill levy are
inadequate to fully finance the PROPOSED capital construction; and
       W (VIII) A statement of the charter school's preferred means of
obtaining moneys MONEY.
          ( d) AT A PUBLIC MEETING OF THE BOARD OR LONG-RANGE PLANNING
COMMITTEE, OR, IF NO LONG-RANGE PLANNING COMMITTEE EXISTS, A
MEETING OF ANY OTHER COMMITTEE ESTABLISHED BY THE DISTRICT TO
ASSESS OR PRIORITIZE THE DISTRICT'S CAP ITAL CONSTRUCTION NEEDS THAT
OCCURS NO LATER THAN FORTY-FIVE DAYS BEFORE APPROVING A BALLOT
QUESTION OR QUESTIONS TO BE SUBMITTED TO THE DISTRICT'S VOTERS, THE
CHARTER SCHOOL SHALL PRESENT ITS PROPOSAL DESCRIBED IN SUBSECTION
(3 )( a) OF THIS SECTION, INCLUDING THE PROPOSAL CONTENTS DESCRIBED IN
SUBSECTION (3)(c) OF THIS SECTION.
         (4) (a) (I) The board of education ofa school district shall review a
capital constmction plan EVERY PROPOSAL submitted by a charter school
pursuant to subsection (3) of this section. and determine the pdodty of the
charter school capital constmction need in t elation to the capital
cmtstmction needs of other schools in the district. If the charter school's
capital construction plan remedies shortcomings in the charter school's
facilities identified in the financial assistance pdodty assessment of public
PAGE 5-SENATE BILL 26-145
school facilities c1eated pmsuant to section 22-43.7-108, 01, when the
assessment c1eated pmsuant to section 22-43.7-108 is no longet valid, in
another assessment using similar ct iter ia for all schools in the distt ict, The
board of education shall prioritize a charter school's capital construction
needs in the school district's long-range plan and include those needs in the
cunent ballot question in the upcoming election if the charter school's
facility needs receive a higher priority assessment than the other schools in
the district.
       (II) Notwithstanding the provisions of this subsection (4) concerning
the pt iot itization of a chat tet school's capital construction plan and
inclusion in a district ballot question fot appt oval of bonded indebtedness,
the board of education of a school distdct and a charter school may agree
to an altet na.ti ve financial plan that addt esses a charter school's facilities
needs, including I etit ing financial obligations or bonds previously issued fot
the benefit of the chartet school.
       (Ill) (A) Nothing in this subsection (4) shall tequire REQUIRES a
school district to prioritize the capital construction plan of a charter school
that is on probation with the district or that has been wAS INITIALLY
authorized within the previous five THREE years.
       (B) The board of education ofa school district may require a charter
school to certify that school construction to be financed with bond proceeds
in accordance with this section will I emediate a shortcoming in the charter
school's facilities identified pursuant to section 22-43.7-108, and that any
construction will conform to any construction guidelines established
pursuant to SECTI<?N 22-43.7-107.
       (C) Notwithstanding the provisions ofsub-subparngraph (A) of this
subpat agr aph (III) The board of education of a school distt ict and a charter
school may agree to reserve or escrow funds for the benefit of the charter
school.
       (IV) The board of education shall notify the charte1 school in
writing whether the school dist1icthasp1ioritizedthe charter school's capital
construction needs for inclusion in the ballot question at the upcoming
election no later than sixty days prior to the date by which the school district
is requited to certify the ballot question to the county clerk and recorder.
PAGE 6-SENATE BILL 26-145
       (b) (I) ff-the board has pt ior itized the charter school capital
eonstmction needs pm suant to paragraph (a) of this subsection (4) for
inclusion in the ballot question at the upcoming election, the board shall
include the chartet school's capital constmction in the same ballot question
being submitted by the distt ict for approval of bonded indebtedness in
accordance with subsection (5) of this section. No LATER THAN THIRTY
DAYS BEFORE APPROVING THE BALLOT QUESTION OR QUESTIONS TO BE
SUBMITTED TO THE DISTRICT'S VOTERS, THE DISTRICT SUPERINTENDENT
SHALL NOTIFY IN WRITING EVERY CHARTER SCHOOL THAT SUBMITTED A
PROPOSAL PURSUANT TO SUBSECTION (3) OF THIS SECTION OF THE BOARD'S
DECISION CONCERNING WHETHER TO SUBMIT A BALLOT QUESTION FOR
APPROVAL OF A SPECIAL MILL LEVY OR INCLUDE THE FUNDING FOR THE
CHARTER SCHOOL'S CAPITAL CONSTRUCTION NEEDS IN THE DISTRICT'S
BALLOT QUESTION OR QUESTIONS FOR APPROVAL OF BONDED INDEBTEDNESS
OR FOR APPROVAL OF AN ADDITIONAL MILL LEVY.
       (II) IF THE BOARD DECIDES NOT TO SUBMIT A BALLOT QUESTION FOR
APPROVAL OF A SPECIAL MILL LEVY OR INCLUDE THE FUNDING FOR THE
CHARTER SCHOOL'S CAPITAL CONSTRUCTION NEEDS IN THE DISTRICT'S
BALLOT QUESTION OR QUESTIONS FOR AP PROV AL OF BONDED INDEBTEDNESS
OR FOR APPROVAL OF AN ADDITIONAL MILL LEVY, THE NOTIFICATION
DESCRIBED IN SUBSECTION (4)(b)(I) OF THIS SECTION MUST INCLUDE THE
BOARD'S REASONS FOR THE EXCLUSION, WHICH MUST BE SPECIFIC AND
RELATED TO THE MERITS OF THE PROPOSAL, AND MUST INCLUDE THE
OPPORTUNITY FOR THE CHARTER SCHOOL TO ADDRESS ANY ISSUES RAISED
BY THE BOARD. THE BOARD'S REASONS FOR THE EXCLUSION THAT ARE
REQUIRED TO BE INCLUDED IN THE NOTIFICATION DESCRIBED IN SUBSECTION
(4)(b)(I) ARE FOR INFORMATIONAL PURPOSES ONLY.
       (c) If the board has not prioritized the charter school's capital
construction needs for inclusion in the ballot question at the upcoming
election, the board shall provide the charter school with a written statement
specifying the reasons for excluding the needs, and the charter school shall
have an opportunity to address any issues raised by the board. No LATER
THAN THIRTY DAYS AFTER THE BOARD SELECTS THE CAPITAL CONSTRUCTION
PROJECTS THAT ARE INCLUDED FOR A BALLOT QUESTION OR QUESTIONS TO
BE SUBMITTED TO THE DISTRICT'S VOTERS, THE BOARD SHALL POST IN A
PROMINENT AND READILY ACCESSIBLE LOCATION ON THE BOARD'S WEBSITE
A DOCUMENT THAT:
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       (I)   OUTLINES THE PROCESS THAT THE BOARD COMPLETED TO
CONSIDER THE CAPITAL CONSTRUCTION NEEDS OF ALL OF ITS SCHOOLS; AND
       (II) FOR ALL PROJECTS CONSIDERED, WHETHER THE BOARD CHOSE TO
PRIORITIZE THE PROJECT TO INCLUDE FORA BALLOT QUESTION OR QUESTIONS
OR NOT, DESCRIBES IN DETAIL THE REASONING FOR CHOOSING TO PRIORITIZE
OR EXCLUDE EACH CAPITAL CONSTRUCTION PROJECT THAT WAS CONSIDERED
FOR A BALLOT QUESTION OR QUESTIONS.
       SECTION 4. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 8-SENATE BILL 26-145
the support and maintenance of the departments of the state and state
institutions.
James Rashad Coleman, Sr.
PRESIDENT OF  SPEAKER OF THE HOUSE
THE SENATE  OF REPRESENTATIVES
Est  van Mourik  v~  V~  lly
SECRETARY OF  CHIEF CLERK OF THE HOUSE
THE SENATE  OF REPRESENTATIVES
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