(1) Subject to the
provisions of subsection (3) of this section, for the 2005-06 budget year and each
budget year thereafter, the total amount appropriated to the department for the
payment of costs incurred by administrative units for the provision of special
education programs must be distributed to each administrative unit that provides
educational services for children with disabilities as follows:
(a) (I) Five hundred thousand dollars to administrative units that enroll
children with disabilities:
(A) For whom tuition is paid by the administrative units for the children to
receive educational services at approved facility schools; and
(B) For whom parental rights have been relinquished by the parents or
terminated by a court, the parents of whom are incarcerated, the parents of whom
cannot be located, the parents of whom reside out of the state but the department
of human services has placed the children within the administrative unit, or children
with disabilities who are legally emancipated.
(II) The moneys appropriated pursuant to subparagraph (I) of this paragraph
(a) shall be distributed in each budget year to administrative units based upon each
administrative unit's share of the aggregate number of children with disabilities
who are specified in subparagraph (I) of this paragraph (a); except that an
administrative unit shall not receive an amount that exceeds the aggregate amount
of tuition paid by that administrative unit for the specified children with disabilities
to receive educational services at approved facility schools during the immediately
preceding budget year. For purposes of this paragraph (a), the number of children
with disabilities that are specified in subparagraph (I) of this paragraph (a) shall be
based upon the count taken in December of the immediately preceding budget
year.
(a.5) and (a.7) Repealed.
(b) (I) For the budget years preceding the 2022-23 budget year, an amount
equal to one thousand two hundred fifty dollars for each child with disabilities
receiving special education services from the administrative unit;
(II) Except as specified in subsection (1.3) of this section, for the 2022-23
budget year and each budget year thereafter, an amount equal to one thousand
seven hundred fifty dollars for each child with disabilities receiving special
education services from the administrative unit; and
(c) (I) If any amount of the total annual appropriation remains after the
distributions specified in subsections (1)(a) and (1)(b) of this section have been made,
and after the distribution of the portion of the total annual appropriation designated
for high-cost grants pursuant to subsection (2) of this section has been made, six
thousand dollars per child with one or more disabilities, as described in subsection
(1)(c)(II) of this section, for a percentage of such children receiving special
education services from the administrative unit. The department shall annually
determine the percentage of such children for which an administrative unit may
receive additional funding pursuant to this subsection (1)(c) based on the amount of
the remaining appropriation, the money available pursuant to subsection (1)(c)(III) of
this section, and the per pupil amount of six thousand dollars.
(II) An administrative unit that provides special education services to
children who have one or more of the following disabilities may receive funding
pursuant to this paragraph (c):
(A) A visual impairment, including blindness, as defined by the state board;
(B) A hearing impairment, including deafness, as defined by the state board;
(C) Deaf-blindness, as defined by the state board;
(D) A serious emotional disability as defined by the state board;
(E) Autism spectrum disorders as defined by the state board;
(F) A traumatic brain injury as defined by the state board;
(G) Multiple disabilities as defined by the state board; or
(H) An intellectual disability as defined by the state board.
(III) (A) For the 2013-14 budget year and each budget year thereafter, in
addition to any amount that is available pursuant to subsection (1)(c)(I) of this
section, the general assembly shall appropriate twenty million dollars from the
state education fund to the department for the purposes of this subsection (1)(c).
(B) For the 2019-20 budget year and each budget year thereafter, in addition
to any amount that is available pursuant to subsections (1)(c)(I) and (1)(c)(III)(A) of
this section, the general assembly shall appropriate twenty-two million dollars,
which amount may be appropriated from the state education fund or the general
fund or as amounts from both funds, to the department for the purposes of this
subsection (1)(c).
(B.1) Except as specified in subsection (1.3) of this section, for the 2022-23
budget year and each budget year thereafter, in addition to any amount that is
available pursuant to subsections (1)(c)(I), (1)(c)(III)(A), and (1)(c)(III)(B) of this section,
the general assembly shall appropriate twenty-six million eight hundred twenty-five thousand dollars, which amount may be appropriated from the state education
fund or the general fund or as amounts from both funds, to the department for the
purposes of this subsection (1)(c).
(B.2) Except as specified in subsection (1.3) of this section, for the 2023-24
budget year and each budget year thereafter, in addition to any amount that is
available pursuant to subsections (1)(c)(I), (1)(c)(III)(A), (1)(c)(III)(B), and (1)(c)(III)(B.1)
of this section, the general assembly shall appropriate forty million two hundred
three thousand six hundred seventy-one dollars, which amount may be
appropriated from the state education fund created in section 17 (4) of article IX of
the state constitution or the general fund, or as amounts from both funds, to the
department for the purposes of this subsection (1)(c).
(C) The general assembly finds and declares that, for the purposes of section
17 of article IX of the state constitution, providing additional money to children with
one or more disabilities, as described in subsection (1)(c)(II) of this section, for a
percentage of such children receiving special education services from an
administrative unit is a program for accountable education reform and may
therefore receive funding from the state education fund created in section 17 (4) of
article IX of the state constitution.
(D) It is the intent of the general assembly to increase funding for special
education services as necessary for the 2023-24 budget year and budget years
thereafter to fully fund special education services pursuant to this subsection (1)(c).
(1.3) For the 2024-25 budget year and budget years thereafter, the dollar
amounts set forth in subsections (1)(b)(II) and (1)(c)(III) of this section are annually
increased by the rate of inflation. The amounts must be rounded to the nearest
dollar. As used in this subsection (1.3), 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.
(2) (a) (I) In addition to the amount appropriated for distribution pursuant to
subsection (1) of this section, for the 2006-07 and 2007-08 budget years, subject to
available appropriations, the general assembly shall appropriate two million dollars
from the general fund or from any other source to the department to fund grants to
administrative units as provided in section 22-20-114.5 for reimbursement of high
costs incurred in providing special education services in the preceding budget year.
(II) (A) In addition to the amount appropriated for distribution pursuant to
subsection (1) of this section, for the 2008-09 budget year and each budget year
thereafter, subject to available appropriations, the general assembly shall
appropriate four million dollars from the general fund or from any other source to
the department to fund grants to administrative units as provided in section 22-20-114.5 for reimbursement of high costs incurred in providing special education
services in the preceding budget year.
(B) The general assembly hereby finds and declares that for the purposes of
section 17 of article IX of the state constitution, providing grants to administrative
units for reimbursement for high costs incurred in providing special education
services is a program for accountable education reform and may therefore receive
funding from the state education fund created in section 17 (4) of article IX of the
state constitution.
(b) Any amount received by an administrative unit as a reimbursement
pursuant to this subsection (2) shall be in addition to the amount received by the
administrative unit pursuant to subsection (1) of this section. The moneys
appropriated by the general assembly to the department shall be distributed by the
Colorado special education fiscal advisory committee in accordance with section
22-20-114.5.
(3) (a) Except as otherwise provided in paragraph (b) of this subsection (3),
for the 2005-06 budget year, the department shall recalculate the distribution of
funds to administrative units for providing educational services to children with
disabilities as necessary to comply with the provisions of subsection (1) of this
section.
(b) Notwithstanding the provisions of subsection (1) of this section, if the
application of the provisions of subsection (1) of this section would result in an
administrative unit receiving a lesser amount for providing educational services to
children with disabilities for the 2005-06 budget year than it would have received
under the provisions of this section as they existed prior to April 28, 2006, then the
department shall not recalculate the distribution of funds for the administrative
unit for the 2005-06 budget year.
(4) An administrative unit shall not receive the amount of funding to which it
is entitled under the provisions of subsection (1) of this section unless the
administrative unit has provided to the department the data collected concerning
special education programs, as required by subsection (6) of this section, including
the count of assessed children with disabilities.
(5) Payments made under the provisions of this part 1 shall not affect the
amount of other state aid for which an administrative unit may qualify.
(6) Each administrative unit shall be required to collect the data required by
the federal government concerning special education programs. Each
administrative unit shall provide to the department the data collected concerning
special education programs in order to receive the amount of funding to which it is
entitled under the provisions of subsection (1) of this section.
(7) It is the general assembly's intent that, as a result of receiving an
increase in the distribution of state moneys, an administrative unit, in complying
with the maintenance of effort requirement specified in the federal No Child Left
Behind Act of 2001, 20 U.S.C. sec. 6381 et seq., shall not reduce the level of state
and local expenditures below the level of state and local expenditures for the
preceding budget year. Any additional appropriation of moneys for distribution
pursuant to this section is intended to alter the ratio between state and local
expenditures, but the overall level of expenditures may remain the same, thereby
satisfying the federal maintenance of effort requirements.
(8) Repealed.
Source: L. 73: R&RE, p. 1263, � 1. C.R.S. 1963: � 123-22-14. L. 74: (5)
amended, p. 366, � 1, effective April 26; (1)(b)(III) amended and (1)(b)(VI) added, p.
365, � 1, effective July 1. L. 77: (1)(b)(VII) added, p. 1038, � 2, effective May 14;
(1)(b)(V) and (3) amended and (1)(e) R&RE, pp. 1042, 1043, �� 2, 3, effective July 1; (3)
amended, p. 1068, � 14, effective July 1. L. 79: IP(1), (1)(c), (1)(d), (3), and (4) amended,
p. 778, � 9, effective July 1. L. 83: (1)(b)(IV) amended, p. 745, � 1, effective May 17;
(1)(b)(V) amended, p. 741, � 4, effective June 10. L. 84: (1)(b)(V) amended, p. 591, � 3,
effective March 3. L. 85: (1)(b)(V) amended, p. 1015, � 42, effective July 1. L. 88: (1)(b)(I) repealed, p. 777, � 7, effective May 29; (5) amended and (6) added, p. 764,
effective May 29; (1)(c) repealed and (1)(d) R&RE, pp. 763, 762, �� 4, 3, effective May
31; (6) amended, p. 1439, � 45, effective June 11; (1)(b)(V) amended, p. 810, � 7,
effective January 1, 1989. L. 90: (5) amended, p. 1046, � 4, effective July 1. L. 93: (1)(b)(V), (1)(d), (3)(c), and (5) amended, p. 1647, � 39, effective July 1. L. 94: (1)(b)(V)
and (5) amended, p. 811, � 20, effective April 27; entire section amended, p. 1138, � 2,
effective July 1. L. 95: (1)(a) and (1)(b) amended and (1)(b.5) added, p. 606, � 1,
effective May 22. L. 97: (1)(b.5) amended and (1)(b.7) added, p. 593, � 30, effective
April 30. L. 2000: (1)(b.8) added, p. 486, � 9, effective April 28. L. 2004: (1)(b.7)(II)
and (2) amended, p. 1629, � 27, effective July 1. L. 2006: Entire section R&RE, p. 664,
� 7, effective April 28. L. 2007: (1)(a.5) added and (1)(c)(I) amended, p. 1567, � 11,
effective May 31. L. 2008: (2) amended, p. 1208, � 18, effective May 22; (1)(a)
amended, p. 1387, � 16, effective May 27. L. 2011: (1)(a) and (1)(c)(II) amended, (HB 11-1277), ch. 306, p. 1496, � 19, effective August 10; (5) amended, (HB 11-1077), ch. 30,
p. 78, � 9, effective August 10. L. 2013: (1)(c)(I) amended and (1)(c)(III) and (7) added,
(SB 13-260), ch. 236, p. 1142, � 9, effective May 17. L. 2018: (1)(a.5)(I) repealed, (HB
18-1333), ch. 176, p. 1213, � 6, effective April 30. L. 2019: (1)(c)(III) amended, (SB 19-246), ch. 151, p. 1788, � 5, effective May 10. L. 2021: (1)(a.7) added, (SB 21-275), ch.
393, p. 2612, � 4, effective June 30; (1)(a.5)(II)(D) added by revision, (SB 21-275), ch.
393, pp. 2611, 2618, �� 3, 15. L. 2022: IP(1), (1)(b), and (1)(c)(I) amended and
(1)(c)(III)(B.1), (1)(c)(III)(D), and (1.3) added, (SB 22-127), ch. 228, p. 1688, � 1, effective
May 26. L. 2023: (1)(c)(III)(B.2) added, (SB 23-099), ch. 188, p. 914, � 1, effective May
15; (8) added, (SB 23-287), ch. 189, p. 924, � 9, effective May 15. L. 2024: (1)(c)(I)
amended, (HB 24-1450), ch. 490, p. 3415, � 41, effective August 7.