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First Regular Session Seventy-first General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO.
HB1267_S_ED.001 NOT AMENDED SENATE COMMITTEE OF REFERENCE REPORT _______________________________ April 13, 2017 Chairman of Committee Date Committee on Education .
17-0266.02 Kip Kolkmeier x4510 & Kristen Forrestal x4217SE BILL 17-1267 HOUSE SPONSORSHIP Arndt, Hooton, Nordberg, Thurlow SENATE SPONSORSHIP Moreno, Kerr, Martinez Humenik, Tate House Committees Senate Committees Education A BILL FOR AN ACT C ONCERNING THE SCHEDULED REPEAL OF REPORTS BY EDUCATIONAL AGENCIES TO THE GENERAL ASSEMBLY .
After consideration on the merits, the Committee recommends the following:
Bill Summary (Note:
HB17-1267 be referred to the Committee of the Whole with favorable recommendation and with a recommendation that it be placed on the consent calendar.
This summary applies to this bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill e n passes third reading in the house of introduction, a bill summary that m 7 applies to the reengrossed version of this bill will be available at E n 0 U U , http://leg.colorado.gov/.) O i i H a p Statutory Revision Committee.
** *** ** *** ** *HB1267_S_ED.001*
Pursuant to section 24-1-136 R A r (11)(a)(I), Colorado Revised Statutes, any report that is required to be 3 made to the general assembly by an executive agency or the judicial branch on a periodic basis expires on the day after the third anniversary of thedate on which the first report was due unlessthegeneralassembly, i a 1 actingbybill,continuestherequirement.Thebilladdressesthereporting E e 2 U d 3, O 2 r Shading denotes HOUSE amendment.
Double underlining denotes SENATE amendment.
H d A Capital letters indicate new material to be added to existing statute.
d Dashes through the words indicate deletions from existing statute.
e A requirements of educational agencies.
Sections 4, 5, 13, 19, and 24 of the bill repeal reports that were scheduled to repeal according to section 24-1-136 (11)(a)(I).
Currently there is no repeal date listed in the organic statute.
Sections5and13alsoaddarepealdateintheorganicstatutethat coincides with the scheduled repeal date specified in section 24-1-136 (11)(a)(I).
Sections 1 through 3, 6 through 12, 14 through 18, and 20 through 23 amend the organic statute to continue indefinitely the reporting requirements notwithstanding section 24-1-136 (11)(a)(I).
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1.
In Colorado Revised Statutes, 22-2-109, amend (7)(b) as follows:
22-2-109.
Stateboardofeducation-additionalduties-teacher standards - principal standards.
(7) (b) NWITHSTANDING SECTION 24-1-136(11)(a)(I),thestateboardshallsubmitannuallytotheeducation committees of the house of representatives and the senate, or any successor committees, a written summary report of the results of the survey conducted pursuant to paragraph (a) of this subsection (7) SUBSECTION (7)(aOF THIS SECTION .
In submitting the report, the state board shall ensure that the report for the current year and the preceding year's report, if one exists, are available to the education committees for consideration at the biennial joint meeting held pursuant to section 22-60.5-116.5.Thestateboardshallalsosubmitthereportannuallytothe governor, the Colorado commission on higher education, and the institutions of higher education that operate principal preparation programs.
SECTION2.
InColoradoRevisedStatutes,22-2-110,amend(5) as follows:
22-2-110.
Commissioner of education - oath - qualifications - -2- 1267 tenure.
(5) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), the state board shall annually review and evaluate the job performance of the commissioner, as provided in section 22-2-106 (1)(b.5), and report the resultsof itsevaluationtothepublicandtheeducationcommitteesof the house of representatives and senate, or any successor committees.
SECTION 3.
In Colorado Revised Statutes, 22-2-106, amend (1)(b.5) as follows:
22-2-106.
State board - duties - rules.
(1) It is the duty of the state board:
(b.5) To review and evaluate annuallythe job performance of the commissioner of education using procedures and criteria determined by the state board.
The procedures and criteria shall include, at a minimum, consideration of the comments and opinions of school district superintendentsandschoolboardmembersregardingthecommissioner's job performance.
NTWITHSTANDING SECTION 24-1-136 (11)(a)(I), the state board shall report the results of its evaluation to the education committees of the house of representatives and senate, or any successor committees.
SECTION4.
InColoradoRevisedStatutes,22-7-707,repeal(3) as follows:
22-7-707.
Reporting requirements - progress reports - final reports.
(3) On or before January15, 2002, and on or before January15 each year thereafter, the department shall submit to the governor and the board of education in each school district in which a grant recipient is located a state report on the teacher development grant program.
At such times as the report is submitted to the governor, the department shall providenoticetotheeducationcommitteesofthesenateandthehouseof -3- 1267 representatives that the state report is available to the members of the committees upon request.
The state report shall include the following information:
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(a) A list of grant recipients and the year in which each grant was awarded;
(b) A compilation and summary of the progress and final reports received pursuant to this section;
(c) Such additional information concerning the implementation and effectiveness of the grant program as may be deemed beneficial by the state board, including but not limited to any recommendations for changes in the grant program.
SECTION 5.
In Colorado Revised Statutes, 22-7-1019, amend (1) and (2) as follows:
22-7-1019.
Preschool to postsecondary and workforce readiness - progress reports - effectiveness reports.
(1) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), on or before February 15, 2009, and on or before February 15 each year thereafter, through 2012, the department of education shall submit to the education committees of the senate and the house of representatives, or any successorcommittees,areportsummarizingtheactionstakenbythestate board,thecommission,andlocaleducationprovidersinimplementingthe requirementsspecifiedinthispart10.Thedepartmentmayincludeinthe report recommendations, as may be necessary, for legislative changes in the time line for implementation of this part 10.
(2) NOTWITHSTANDINGSECTION 24-1-136(11)(a)(I),onorbefore February15,2014,andonorbeforeFebruary15eachyearthereafter,the department of education shall submit to the education committees of the -4- 1267 senate and the house of representatives, or any successor committees, a reportconcerningtheresultsachieved throughimplementationof school readiness, the preschool through elementary and secondary education standards, and postsecondary and workforce readiness.
SECTION 6.
In Colorado Revised Statutes, 22-7-1213, amend (3)(b) introductory portion as follows:
22-7-1213.
Reportingrequirements.(3)(b) NTWITHSTANDING SECTION 24-1-136 (11)(a)(I), the department shall annuallysubmit to the state board, the governor, the president of the senate, the speaker of the house of representatives, and the education committees of the house of representatives and the senate, or any successor committees, and shall post on the department website a report that summarizes:
SECTION 7.
In Colorado Revised Statutes, 22-10-105, amend (2)(b) as follows:
22-10-105.
Evaluation of grants - report.
(2) (b) NTWITHSTANDING SECTION 24-1-136 (11)(a)(I), the office shall submitthereporttothegovernor'soffice;thestateboard;thejointbudget committee of the general assembly;
the education committees of the senateandthehouseofrepresentatives,oranysuccessorcommittees;the business,labor,andtechnologycommitteeofthesenate,oranysuccessor committee;
and the business, labor, economic, and workforce developmentcommitteeof thehouseofrepresentatives,oranysuccessor committee.
The office shall also post the report on the department's website for public viewing.
SECTION 8.
In Colorado Revised Statutes, 22-13-105, amend (4) as follows:
22-13-105.
School turnaround leader grants - application - -5- 1267 awards - report.
(4) OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), during the term of the grant, each grant recipient shall annuallyreport to the department the information requested by the department to monitor the effectiveness of the school turnaround leader grants.
The department shall analyze and summarize the reports received from grant recipients and annually submit to the state board, the governor, and the education committees of the senate and the house of representatives, or any successor committees, a report of the effectiveness of the school turnaroundleadergrantsawardedpursuanttothissection.Thedepartment shall also post the annual report on its website.
SECTION9.
InColoradoRevisedStatutes,amend22-28-112as follows:
22-28-112.
Reports to legislative committees.
N OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), by January 15, 2007, and by January 15 of each year thereafter, the department shall report to the education committees of the senate and house of representatives, or anysuccessorcommittees,ontheeffectivenessoftheColoradopreschool program.
The department is authorized to request from anyparticipating school district such information and data as may be necessary to make such reports.
SECTION 10.
In Colorado Revised Statutes, 22-30.5-113, amend (1) as follows:
22-30.5-113.
State board - department of education - duties - charter schools - evaluation - report.
(1) NSTANDING SECTION 24-1-136 (11)(a)(I), beginning in the 2004-05 budget year, and at least every three years thereafter, the department shall prepare a report and evaluation for the governor and the house and senate committees on -6- 1267 education on the success or failure of charter schools and of institute charter schools authorized pursuant to part 5 of this article5, their relationship to other school reform efforts, and suggested changes instatelawnecessarytostrengthenorchangethecharterschoolprogram described in this articleCLE 30.5.
SECTION 11.
In Colorado Revised Statutes, 22-30.5-409, amend (2) as follows:
22-30.5-409.
Annual reports on bonds issued on behalf of charter schools - review by state auditor.
(2) NTWITHSTANDING SECTION 24-1-136 (11)(a)(I), no later than March 1, 2002, and no later than March 1 each year thereafter, the state auditor shall examine the report submitted in accordance with subsection (1) of this section and, upon completion of such review, shall report anyfindings regarding said submitted report to the education committees of the senate and the house of representatives, the legislative audit committee, the capital development committee, the joint budget committee,andthe department of education.
SECTION 12.
In Colorado Revised Statutes, 22-30.5-513, amend (10)(b) as follows:
22-30.5-513.
Institute charter schools - definitions - funding - at-risk supplemental aid - legislative declaration - repeal.
(10) (b) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), on or before January 15, 2010, and on or before January 15 each year thereafter, the instituteboardshallsubmittotheeducationcommitteesofthesenateand thehouseofrepresentatives,oranysuccessorcommittees,thefindingsof thereviewdescribedinparagraph(a)ofthissubsection(10)SUBSECTION (10)(a)OFTHISSECTION andanyrecommendationsforlegislativechanges -7- 1267 regarding the operations of the institute.
SECTION 13.
In Colorado Revised Statutes, 22-30.7-103, amend (3)(h) and (3)(h.5) as follows:
22-30.7-103.
Division of online learning - created - duties - repeal.
(3) Duties.
The online division shall have the following duties:
7 (h) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), to prepare a summary report to be submitted on or before February 1, 2009, and on or before June 1, 2014, and on or before June 1 every five years thereafter, to the state board and the education committees of the house of representatives and the senate, or any successor committees;
(h.5) (I) On or before June 1, 2015, and on or before June 1 every year thereafter, to prepare a summary report of data related to students who participated in a supplemental online course offered by a nonprofit provider selected pursuant to section 22-5-119 and submit the report to said nonprofit provider and to the department and the education committees of the house of representatives and the senate, or any successor committees.
(II) PRSUANTTOSECTION 24-1-136(11)(a)(ITHISSUBSECTION (3)(h.5)S REPEALED,EFFECTIVEJUNE 2, 2018.
SECTION 14.
In Colorado Revised Statutes, 22-32.5-111, amend (1) introductory portion as follows:
22-32.5-111.
Reporting.
(1) N OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), on or before March 1, 2010, and on or before March 1 each year thereafter, the commissioner and the state board shall submit to the governor and to the education committees of the senate and the house of representatives, or any successor committees, a report -8- 1267 concerning the districts of innovation.
At a minimum, the report shall include:
SECTION15.
In Colorado RevisedStatutes,22-33-205,amend (4) as follows:
22-33-205.
Services for expelled and at-risk students - grants - criteria.
(4) The department of education is authorized to retain up to one percent of any moneysNEY appropriated for the program for the purposeofannuallyevaluatingtheprogram.Thedepartmentofeducation is authorized and encouraged to retain up to an additional two percent of any moneys MONEY appropriated for the program for the purpose of partnering with organizations or agencies that provide services and supportsthataredesignedtoreducethenumberoftruancycasesrequiring court involvement and that also reflect the best interests of students and families.
The servicesand supports shall include, but need not be limited to,alternativestoguardianadlitemrepresentationintruancyproceedings.
N OTWITHSTANDINGSECTION 24-1-136(11)(a)(I),onorbeforeJanuary1, 2006, and on or before January1 each year thereafter, the department of education shall report to the education committees of the house of representatives and the senate, or any successor committees, the evaluationfindingsontheoutcomesandtheeffectivenessoftheprogram related to school attendance, attachment, and achievement.
The report shall also include specific information on the efficacy of services and supports that provide alternatives to court involvement and guardian ad litem representation in truancy proceedings.
SECTION 16.
In Colorado Revised Statutes, amend 22-41-107 as follows:
22-41-107.
Reports.
NOTWITHSTANDING SECTION 24-1-136 -9- 1267 (11)(a)(I),thepublicschoolfundinvestmentboardshallsubmitfinancial statements on November 1 of each fiscal year to the state treasurer, the state board of land commissioners, the office of state planning and budgeting, the joint budget committee, and the education and finance committees of the senate and house of representatives, or any successor committees.
SECTION 17.
In Colorado Revised Statutes, 22-43.7-111, amend (1) introductory portion as follows:
22-43.7-111.
Reporting requirements - auditing by state auditor.
(1) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), no later thanFebruary15,2010,andnolaterthaneachFebruary15thereafter,the board shall present a written report to the education and finance committees of the house of representatives and the senate and the capital development committee, or any successor committees, regarding the provision of financial assistance to applicants pursuant to this article ARTICLE 43.7.
The report must include, at a minimum:
SECTION18.
In Colorado RevisedStatutes,22-54-124,amend (3)(b) as follows:
22-54-124.
Stateaidforcharterschools-useofstateeducation fundmoney-definitions.(3)(b) N OTWITHSTANDINGSECTION 24-1-136 (11)(a)(I), no later than February 1 of each budget year, the department of education shall certify to the education committees of the senate and thehouseofrepresentativesandthejointbudgetcommitteeofthegeneral assembly the total number of pupils expected to be enrolled in all qualified charter schools in the state during the next budget year, as derived from reports provided to the department by districts pursuant to section 22-30.5-112 (1) and by institute charter schools pursuant to -10- 1267 section 22-30.5-513 (3)(a).
For the purposes of any certification made during the 2003-04 budget year and budget years thereafter, a pupil expected to be enrolled in a qualified charter school as defined in sub-subparagraph(B)ofsubparagraph(I)ofparagraph(f.6)ofsubsection (1)SUBSECTION (1)(f.6)(I)(B) of this sectionshallbecountedasone-half of one pupil.
SECTION19.
In Colorado RevisedStatutes,22-69-106,amend (1) introductory portion as follows:
22-69-106.
Alternative teacher compensation plan grant program-report.(1) N OTWITHSTANDINGSECTION 24-1-136(11)(a)(I), on or before January 15, 2010, and on or before January 15 each year thereafter, so long as grant moneyMONEY WAS awarded to at least one school district pursuant to the grant program during the preceding calendaryear,thedepartment shall reporttotheeducationcommitteesof thehouseofrepresentativesandthesenate,oranysuccessorcommittees, and to the governor the following information from the preceding calendar year:
SECTION20.
In Colorado RevisedStatutes,22-80-103,amend (7) introductory portion as follows:
22-80-103.
Board of trustees - appointments - powers - duties -fundcreated.(7) NOTWITHSTANDINGSECTION 24-1-136(11)(a)(I),the board of trustees shall transmit, on or before January 1, 2005, and on or before January 1 of each year thereafter, a report to the education committees of the senate and house of representatives that contains the following:
SECTION21.
In Colorado RevisedStatutes,22-91-105,amend (2) as follows:
-11- 1267 22-91-105.
Reporting.(2)OTWITHSTANDINGSECTION 24-1-136 (11)(a)(I),onorbeforeMay15,2009,andonorbeforeMay15eachyear thereafter,thedepartmentshallsubmittotheeducationcommitteesofthe senate and the house of representatives, or any successor committees, a report that, at a minimum, summarizes the information received by the department pursuant to subsection (1) of this section.
The department shall also post the report to its website.
SECTION22.
In Colorado RevisedStatutes,22-93-103,amend (4) introductory portion as follows:
22-93-103.
School bullying prevention and education grant program - grant process - reports by grant recipients.
(4) NOTWITHSTANDINGSECTION 24-1-136 (11)(a)(I), on or before a date specified byrule of the state board pursuant to section 22-93-104 (1)(d), the department shall submit annually to the state board and to the education committees of the senate and house of representatives, or any successor committees, the following information regarding the administration of the program in the preceding year:
SECTION23.
In Colorado RevisedStatutes,22-94-103,amend (4) as follows:
22-94-103.
Annual reports.
(4) NTWITHSTANDING SECTION 24-1-136 (11)(a)(I), the department shall submit an annual report to the office of the governor, the state board of education, and the members of the education committees of the house of representatives and the senate, or any successor committees, summarizing the findings from the two reports submitted to the department pursuant to this section.
SECTION 24.
Act subject to petition - effective date.
This act -12- 1267 takes effect at 12:01 a.m.
on the day following the expiration of the ninety-dayperiodafterfinaladjournmentofthegeneralassembly(August 9, 2017, if adjournment sine die is on May 10, 2017);
except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2018 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
-13- 1267