Colorado Code § 22-54-105

Instructional supplies and materials - capital reserve and insurance reserve - at-risk funding - preschool funding
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(1) (a) Prior to the 2009-10 budget year, every
district shall budget the amount determined pursuant to paragraph (b) of this subsection (1) to be
allocated, in the discretion of the board of education, to the instructional supplies and materials
account, the instructional capital outlay account, or the other instructional purposes account in
the general fund created by section 22-45-103 (1)(a)(II), or among such accounts. Moneys may
be transferred among the three accounts. The moneys in such accounts shall be used for the
purposes set forth in section 22-45-103 (1)(a)(II) and may not be expended by the district for any
other purpose. Any moneys in such accounts which are not projected to be expended during a
budget year shall be budgeted for the purposes set forth in section 22-45-103 (1)(a)(II) in the
next budget year. Nothing in this subsection (1) shall be construed to require that interest on
moneys in such accounts be specifically allocated to such accounts. Any moneys remaining in
any such account that have not been expended prior to the 2009-10 budget year shall be
budgeted for the purposes set forth in section 22-45-103 (1)(a)(II) in the 2009-10 budget year or
any budget year thereafter.
(b) (I) The amount to be budgeted in any budget year prior to the 2009-10 budget year
shall be the amount determined by multiplying one hundred thirty-four dollars by the district's
funded pupil count minus the district's online pupil enrollment.
(II) (A) For the 1998-99 budget year through the 2007-08 budget year, the dollar amount
required to be budgeted per pupil pursuant to this paragraph (b) shall be increased each year by
the same percentage that the statewide base per pupil funding is increased pursuant to section 22-
54-104 (5). For the 2008-09 budget year, the minimum dollar amount required to be budgeted
per pupil pursuant to this paragraph (b) shall be increased by the rate of inflation. The amount of
any increase pursuant to this paragraph (b) shall be rounded to the nearest dollar.
(B) Repealed.
(III) Repealed.
(IV) (Deleted by amendment, L. 2009, (SB 09-256), ch. 294, p. 1548, § 3, effective May
21, 2009.)
(c) For purposes of this subsection (1), instructional supplies and materials include, but
are not limited to, supplies, textbooks, library books, periodicals, and other supplies and
materials. Instructional capital outlay includes those expenditures which result in the acquisition
of fixed assets for instructional purposes, or additions thereto, which the board of education
anticipates will have benefits for more than one year. Other instructional purposes include
expenses incurred in providing transportation for pupils to and from school-sponsored
instructional activities which occur outside the classroom and costs incurred for repair or
maintenance services for equipment which is directly used for instructional purposes.
Instructional supplies and materials, instructional capital outlay, and other instructional purposes
are limited to those functions accounts and objects accounts as prescribed by the state board of
education.
(d) (Deleted by amendment, L. 2009, (SB 09-256), ch. 294, p. 1548, § 3, effective May
21, 2009.)
(2) (a) Except as otherwise provided in paragraph (c) of this subsection (2), prior to the
2009-10 budget year, every district shall budget the amount determined pursuant to paragraph
(b) of this subsection (2) to be allocated, in the discretion of the board of education, to the capital
reserve fund created by section 22-45-103 (1)(c), to a fund or an account within the general fund
established in accordance with generally accepted accounting principles solely for the
management of risk-related activities as identified in section 24-10-115, C.R.S., and article 13 of
title 29, C.R.S., or among such allowable funds and accounts. Such moneys shall be used for the
purposes set forth in section 22-45-103 (1)(c) and (1)(e) and may not be expended by the district
for any other purpose. The board of education may transfer moneys among these allowable funds
and accounts when such transfer is deemed necessary by the board. Any moneys remaining in
any such fund or account that have not been expended prior to the 2009-10 budget year shall be
budgeted for the purposes set forth in section 22-45-103 (1)(c) and (1)(e) in the 2009-10 budget
year or any budget year thereafter.
(b) (I) The amount to be budgeted in any budget year prior to the 2009-10 budget year
shall be the amount determined by multiplying two hundred sixteen dollars by the district's
funded pupil count minus the district's online pupil enrollment. Such amount shall be the
minimum required to be budgeted, and the district may elect to budget up to eight hundred
dollars multiplied by the district's funded pupil count minus the district's online pupil enrollment.
(II) (A) For the 1998-99 budget year through the 2007-08 budget year, the minimum
dollar amount required to be budgeted per pupil pursuant to this paragraph (b) shall be increased
each year by the same percentage that the statewide base per pupil funding is increased pursuant
to section 22-54-104 (5). For the 2008-09 budget year, the minimum dollar amount required to
be budgeted per pupil pursuant to this paragraph (b) shall be increased by the rate of inflation.
The amount of any increase pursuant to this paragraph (b) shall be rounded to the nearest dollar.
(B) Repealed.
(III) For the 2000-01 budget year through the 2008-09 budget year, the amount required
to be budgeted pursuant to this paragraph (b) shall be reduced by an amount determined by
multiplying the minimum dollar amount required to be budgeted for that budget year pursuant to
subparagraph (II) of this paragraph (b) by the number of pupils enrolled in charter schools within
the district.
(c) For the 1999-2000 budget year and any budget year thereafter, if a district has
moneys in its capital reserve fund equal to or in excess of five times the minimum dollar amount
required to be budgeted per pupil pursuant to paragraph (b) of this subsection (2) multiplied by
the district's funded pupil count minus the district's online pupil enrollment for the applicable
budget year, the board of education of the district may determine whether to budget the
minimum dollar amount per pupil required by this subsection (2) in that budget year, budget a
lesser amount, or budget no amount at all. Such determination shall be made by the board of
education on an annual basis based upon the capital outlay expenditure requirements of the
district.
(d) Repealed.
(e) (Deleted by amendment, L. 2009, (SB 09-256), ch. 294, p. 1548, § 3, effective May
21, 2009.)
(3) (a) Every district that receives at-risk funding pursuant to this article 54 shall expend
in total at least seventy-five percent of the district's at-risk funding on direct instruction or staff
development, or both, for the educational program of at-risk pupils in the district.
(b) to (d) Repealed.
(4) (Deleted by amendment, L. 2008, p. 1195, § 6, effective May 22, 2008.)

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