Colorado Code § 22-2-137

State schools - legislative declaration - feasibility study - authority to contract - funding
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(1) The general assembly finds that some states have created state and
residential schools to provide educational programs and student support services for students
who are at risk of academic failure. The general assembly further finds that early reports of
results achieved by some of these schools indicate that this may be a promising approach to
reducing the dropout rate, closing the achievement gaps, and helping to raise the level of
academic achievement among students in the state. The general assembly therefore finds that it
is appropriate for the commissioner to study the feasibility of creating one or more state schools
in Colorado, which may include a residential component or a specific student population.
(2) Beginning in July 2009, the commissioner shall study the feasibility of operating one
or more state schools to serve students who are in need of greater academic support and who
may be at risk of academic failure. At a minimum, the feasibility study shall address and make
recommendations concerning the following issues:
(a) The goals that a state school would be designed to achieve and a method for
measuring the level of achievement of those goals. In addressing this issue, the commissioner
shall provide an overview of the state and residential schools operating in other states, the goals
that they are designed to achieve, and the degree to which they have achieved or are achieving
those goals.
(b) The appropriate student population to be served by a state school and the manner of
selecting students, the number of state schools that should be considered, and appropriate
locations for state schools;
(c) The governance structure and funding for a state school, including the optimal level
of per pupil funding, funding for capital construction needs, and potential public and private
funding sources;
(d) The appropriate curriculum for a state school, including which grade levels a state
school would serve, the length of the school day and school year for which a state school would
operate, and whether a state school should include a focus on specific subject matter areas; and
(e) The types of student and family support services that a state school would provide,
including the manner in which a state school would collaborate with state and local agencies in
providing these services.
(3) On or before February 1, 2010, the department shall submit to the education
committees of the house of representatives and the senate the feasibility study described in
subsection (2) of this section for operating one or more state schools and any legislative
recommendations the department may have pertaining to the creation of one or more state
schools.
(4) (a) Following completion of the feasibility study, if the commissioner concludes that
the creation and operation of state residential schools would be beneficial to the state, the
commissioner may contract for the creation and operation of one or more state residential
schools to provide educational services to students who are at risk of academic failure. Any state
residential school operated pursuant to this section shall provide an educational program focused
on mathematics and science.
(b) If the commissioner does not contract for state residential schools as authorized in
paragraph (a) of this subsection (4), the commissioner may provide technical assistance to school
districts and public schools to address the needs of students who are at risk of academic failure
by improving the availability and quality of secondary-level mathematics and science curricula.
(5) (a) It is the intent of the general assembly that up to three million dollars be
appropriated to the commissioner to expend for the implementation of subsection (4) of this
section. The general assembly finds that, for purposes of section 17 of article IX of the state
constitution, the creation of state residential schools and the provision of technical assistance to
improve secondary-level mathematics and science curricula as provided in subsection (4) of this
section are important elements of accountable programs to meet state academic standards, and
the general assembly may therefore appropriate moneys from the state education fund created in
section 17 (4) of article IX of the state constitution for the implementation of subsection (4) of
this section.
(b) In addition to the funding provided pursuant to paragraph (a) of this subsection (5), if
the commissioner contracts for the creation and operation of one or more state residential
schools, the department shall provide funding for said schools by withholding moneys from the
state share of total program funding payable to the district of residence of each student who
enrolls in a state residential school. The amount withheld shall be equal to the amount of the
school district's per pupil revenue for the applicable budget year multiplied by the number of
students who reside in the school district and are enrolled in the state residential school as of the
pupil enrollment count day of the applicable budget year. A student who enrolls in a state
residential school shall be counted in the pupil enrollment of the student's school district of
residence for purposes of this paragraph (b). The department shall adopt guidelines as necessary
for the implementation of this paragraph (b).
(c) The commissioner is encouraged to apply federal moneys received pursuant to the
federal "American Recovery and Reinvestment Act of 2009", Pub.L. 111-5, to the extent allowed
to offset the costs incurred in implementing this section. The commissioner is authorized to seek
and accept additional public or private gifts, grants, or donations for the implementation of this
section.

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