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Full-Day Kindergarten Funding Legislation

22-43.7-203. Full-day kindergarten facility capital construction projects - prioritization

(1) From the applications submitted for grants or matching grants pursuant to section 22-43.7-202, the board shall annually prepare a prioritized list of capital construction projects to provide facilities for full-day kindergarten programs. The board shall then determine the type and amount of the grant or matching grant to be awarded to each eligible capital construction project based on the information provided by the school district or the institute charter school in the application.

(2) The board shall submit to the state board the prioritized list of capital construction projects prepared pursuant to subsection (1) of this section. The prioritized list shall include the board's recommendations as to the amount of financial assistance to be provided to applicants and whether the assistance should be in the form of a grant or a matching grant. The state board may approve, disapprove, or modify the provision of financial assistance to any applicant recommended by the board if the state board finds that the board incorrectly prioritized the capital construction projects pursuant to this part 2. The state board shall specifically explain in writing its reasons for finding that the board incorrectly prioritized any capital construction project pursuant to this part.

(3) In prioritizing capital construction projects and awarding grants and matching grants pursuant to this part 2, the board shall attempt to maximize the total number of students statewide who will be able to attend a full day of kindergarten due to the availability of a renovated facility or temporary auxiliary facility for a full-day kindergarten program.

(4) It is the intent of the general assembly that school districts give consideration to the needs of both traditional public schools and charter schools established pursuant to article 30.5 of this title when submitting applications for grants or matching grants pursuant to this section.

(5) It is the intent of the general assembly that a grant or matching grant awarded to a school district or institute charter school pursuant to this part 2 shall not be taken into consideration when the board prioritizes capital construction projects pursuant to part 1 of this article. Nothing in this part 2 shall be construed to limit or otherwise affect the authority of the board to prioritize capital construction projects pursuant to part 1 of this article.

22-44-118. Full-day kindergarten reserve - tracking of expenditures - preschool programs - rules.
(1) (a) Except as otherwise provided in paragraphs (b) and (c) of this subsection (1), for the 2008-09 budget year and each budget year thereafter, a school district that does not report any full-day kindergarten pupils in the district's October 1 pupil enrollment count shall hold the moneys received for full-day kindergarten programs through supplemental kindergarten enrollment pursuant to section 22-54-103 (7) (d) in a full-day kindergarten reserve in the district's general fund. The district shall not use the moneys in the full-day kindergarten reserve until the district enrolls one or more pupils in full-day kindergarten in the district. Once the district enrolls pupils in full-day kindergarten in the district, the district shall not be required to maintain the full-day kindergarten reserve.

(b) For the 2008-09 budget year, a school district that does not report any full-day kindergarten pupils in the district's October 1 pupil enrollment count may use the moneys received for full-day kindergarten programs through supplemental kindergarten enrollment pursuant to section 22-54-103 (7) (d) for planning and facility preparation necessary for the district to offer a full-day kindergarten program in subsequent budget years. Each school district shall, on or before June 30, 2009, return to the department of education any unexpended and unencumbered amount remaining of the moneys received for full-day kindergarten programs through supplemental kindergarten enrollment pursuant to section 22-54-103 (7) (d). The department of education shall adopt procedures for the implementation of this paragraph (b). The department of education shall transmit to the state treasurer the moneys received pursuant to this paragraph (b), and the state treasurer shall credit said moneys to the state education fund created pursuant to section 17 (4) of article IX of the state constitution.

(c) For the 2009-10 budget year, a school district that does not report any full-day kindergarten pupils in the district's October 1 pupil enrollment count may use the moneys received for full-day kindergarten programs through supplemental kindergarten enrollment pursuant to section 22-54-103 (7) (d) for planning and facility preparation necessary for the district to offer a full-day kindergarten program in subsequent budget years.

(2) The financial policies and procedures advisory committee created in the department of education shall establish by rule, tracking requirements deemed necessary by the committee for the moneys that a district receives through supplemental kindergarten enrollment pursuant to section 22-54-103 (7) (d) and hold-harmless full-day kindergarten funding pursuant to section 22-54-130 to provide full-day kindergarten programs and, if applicable, through the Colorado preschool program pursuant to article 28 of this title to provide preschool programs.

22-54-130. Hold-harmless full-day kindergarten funding.

(1) For the 2008-09 budget year and each budget year thereafter, a district that participated in the Colorado preschool program pursuant to article 28 of this title in the 2007-08 budget year and that served a percentage of children authorized to participate in the district's preschool program through a full-day kindergarten portion of the program in the 2007-08 budget year shall receive hold-harmless full-day kindergarten funding pursuant to this section. The funding paid pursuant to this section shall be in addition to the funding for supplemental kindergarten enrollment that the district receives pursuant to section 22-54-103 (7) (d).

(2) A district's annual hold-harmless full-day kindergarten funding shall be an amount equal to the number of children that the district served through a full-day kindergarten portion of the district's preschool program in the 2007-08 budget year or the number of children enrolled in kindergarten in the district in the applicable budget year, whichever is less, multiplied by the district's per pupil revenue for the applicable budget year, and then multiplied by the difference between one and the full-day kindergarten factor for the applicable budget year specified in section 22-54-103 (15).

(3) In each applicable budget year, the general assembly shall appropriate to the department the amount required for hold-harmless full-day kindergarten funding pursuant to this section. The department shall annually allocate to each district described in subsection (1) of this section the amount of the district's hold-harmless full-day kindergarten funding calculated pursuant to subsection (2) of this section.

(4) For the 2008-09 budget year and each budget year thereafter, a district that receives funding pursuant to this section shall provide a full day of kindergarten in the applicable budget year to at least the same number of children for which the district provided a full day of kindergarten in the 2007-08 budget year through the Colorado preschool program; except that this subsection (4) shall not apply in a budget year in which the number of children who choose to enroll in a full day of kindergarten is less than the number of children who enrolled in a full day of kindergarten in the 2007-08 budget year through the Colorado preschool program.

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