1 Colo. Code Regs. § 301-39-2

Current through Register Vol. 47, No. 22, November 25, 2024

Section 1 CCR 301-39-2 - General

2.01 The Public School Finance Act of 1994 and these rules shall apply to all schools within districts. Section 2.05 does not apply to online schools and programs, which are governed instead by § 22-30.7-105(2)(a) and 1 CCR 301-71, Rule 8. The Commissioner may grant variances to any or all of these Rules.

2.01(1) If the Department determines that a district has not complied with the provisions of the Public School Finance Act of 1994 or these rules, the Department shall notify such district in writing of the specific violation and shall state that the district's accreditation may be revoked or withheld by the State Board for such violation.

2.01(2) Such district shall have 30 days in which to respond in writing to the Department's notification.

2.01(3) The Department shall review such responses.

2.01(3)(a) If after making such review, the Department determines that such district is in compliance, no further action is necessary.

2.01(3)(b) If after making such review, the Department determines that such district is still not in compliance, it shall forward the notification and the district response to the State Board.

2.01(4) When necessary, the State Board shall schedule a hearing with such district at the next available regularly scheduled State Board meeting occurring after the end of the 30-day district response time and shall notify the district of such hearing.

2.01(5) At such hearing, the Department shall present its findings of non-compliance to the State Board, and the district shall respond to such presentation.

2.01(6) At the next regularly scheduled State Board meeting following such presentation, the State Board shall decide if it intends to revoke or withhold such district's accreditation under section 22-2-106(1), C.R.S., and shall notify the district in writing of its decision.

2.01(7) If the State Board places such district on non-accredited status, the Commissioner shall initiate school organization planning pursuant to Article 30 of Title 22, C.R.S.

2.02 The Department shall prepare necessary forms and appropriate directions related thereto, which a district shall use to provide data required by the Department to meet its responsibilities in the Public School Finance Act of 1994.

2.02(1) A district shall submit its electronic data exchange student file, along with a signed form "certification of pupil enrollment", no later than November 10.

2.03 The Department shall make available to a district detailed procedures with standard forms and records, which a district shall use to compute its certification of pupil enrollment to the State Board pursuant to Section 22-54-112, C.R.S.

2.03(1) A district may request and receive approval from the Department for alternative procedures for documentation which do not follow the standard procedural manual.

2.03(2) The Department requires districts to automate the pupil count process; nonetheless, any such computerization does not reduce or eliminate a district's obligation to provide source documents for auditing purposes.

2.04 Computation and reporting of data shall be as outlined below.

2.04(1) A district and the Department shall compute and report mill levy data to the nearest thousandth.

2.04(2) A district and the Department shall compute and report any dollar data to the nearest cent dollar.

2.04(3) A district and the Department shall compute and report any funded pupil count, pupil membership and pupil enrollment data to the nearest tenth.

2.05 Instructional Time for Purposes of the School Finance Act

2.05(1) To receive funding, a district must provide evidence of Instructional Time for purposes of funding each enrolled and attending pupil.

2.05(1)(a) For grades six through twelve, Instructional Time for funding each pupil may include direct teacher-pupil instruction and alternative teacher-pupil instruction for that pupil.

2.05(1)(a)(I) Alternative teacher-pupil instruction courses may not be considered for funding purposes if the course is not included in the published catalog. Beginning with calendars adopted for the 2024-25 school year and each school year thereafter, districts shall publish a catalog of courses using alternative teacher-pupil instruction (as defined in these rules) for any such courses they intend to provide to secondary pupils that they would also like included as instructional time. The catalog must be published on the school/district/BOCES website by the applicable count date.

2.05(1)(b) For grades kindergarten through five, Instructional Time for funding each pupil may include direct teacher-pupil instruction.

2.05(1)(b)(I) Alternative teacher-pupil instruction time may be used for home-bound students, as outlined in 5.03(2)(c).

2.05(1)(c) For all grades, kindergarten through twelve:

2.05(1)(c)(I) For on-site classes, passing between two classes, and between a class and lunch, may be included as instructional time which counts towards funding eligibility. Each passing that can be considered as instructional time which counts towards determining funding eligibility shall not exceed 7 minutes.

2.05(1)(c)(II) Time provided for breakfast or lunch may not be included as instructional time for purposes of determining funding eligibility.

2.05(1)(c)(III) A district may include time for independent study and/or asynchronous learning that occurs off-site when a district conducts remote learning sporadically in response to public health and safety orders and precautions as instructional time for purposes of determining funding eligibility.

2.05(1)(c)(IV) Instructional time for purposes of determining funding eligibility does not include parent-led or parent-directed instruction.

2.05(1)(c)(IV)(i) Direct teacher-pupil instruction minutes cannot include the minutes where the parent is instructing or supervising the delivery of educational content.

2.05(1)(c)(IV)(ii) Instructional time for purpose of the Public School Finance Act does not include instructional time based on the district (or its contractor) providing funding directly to families or creating a spending account for the parent to use to design their educational experience. For example, a music class counts as instructional time if it is designed by the district (or its contractor) and delivered by employees of the district (or its contractor) that are subject to the Department's HR data collection; by contrast, a music class does not count as instructional time based on directly or indirectly providing funding to families (e.g., reimbursement or direct order) to pay for a private music instructor off-site.

2.05(1)(c)(IV)(iii) For alternative teacher-pupil instruction courses, the course must be designed by the district or contractor rather than custom built by a parent. The catalog of courses must include the educational content that will be provided in the course, not what could be provided based on the interests of the parent.

2.05(1)(c)(IV)(iv) Parent includes guardian or other person living in the home with the pupil. Parent does not include an individual who is employed by or contracted with the school or district and is subject to Human Resources data collections.

2.05(1)(c)(V) In no instance shall a district submit a pupil for funding if the instructional time used to qualify a pupil for funding is provided in an environment that requires participation in a tuition-based non-public school.

2.05(2) A district must comply with Section 22-32-109, C.R.S. regarding planned and actual hours for "teacher-pupil instruction and teacher-pupil contact" at the school level. The Commissioner issues additional guidance regarding the reporting of "teacher-pupil instruction and teacher-pupil contact" for purposes of Section 22-32-109(1)(n), C.R.S. In the Commissioner's guidance, Instructional Time for purposes of funding under the School Finance Act may be the same or different from "teacher-pupil instruction and teacher-pupil contact" for purposes of planned and actual hours in compliance with Section 22-32-109(1)(n).

1 CCR 301-39-2

43 CR 19, October 10, 2020, effective 10/30/2020

47 CR 08, April 25, 2024, effective 5/15/2024