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2008 Enacted Legislation

House Bill 1013  Sales Tax Exemption for School Sale
Sponsored by Representative Sonnenberg
HB 1013 creates a sales tax exemption for a sale related to a school made by a school, an association or organization of parents and school teachers, a booster club or other club whose primary purpose is to support a school activity, or a school class or student group. State Fiscal Impact: $175,000 state revenue reduction. Signed by the Governor 5/21.

House Bill 1019  Educational Services for Children in Out-of-Home Placements
Sponsored by Senator Sandoval and Representative Casso
HB 1019 requires each school district to designate a person to act as the child welfare education liaison for the district. School districts must transfer education records for out-of-home placement students within two days of receiving a transfer request from the county department with legal custody of the student. Restrictions on the release of records due to unpaid fines or fees are waived for such students and the receiving school districts must immediately enroll students regardless of receipt of education information, records, immunization verification, or other records required for enrollment. The receiving school shall accept and apply towards completion of the grade level all work that has been completed at the sending school. Signed by the Governor 4/7.

House Joint Resolution 1020  School Website Open Enrollment Information
Sponsored by Representative Summers and Senator Spence
HJR 1020 encourages school districts to make open enrollment information readily available on school district websites.  Signed by the President of the Senate and the Speaker. Joint Resolutions are not signed by the Governor and are not law. They merely bring focus to an issue.

House Bill 1021  Early Access to School for Gifted Children
Sponsored by Representative Peniston
HB 1021 includes children who are 4 years old in the definition of gifted children. It allows administrative units to include gifted services in their program plan for children who are 4 and for whom early access to kindergarten is deemed appropriate based on CDE established criteria and a process determined by the Administrative Unit. Such students may be counted in the school district pupil count and receive funding. State Fiscal Impact: FY 08-09 $252,799; FY 09-10 $534,428. Signed by the Governor 5/14.

House Bill 1024  Longitudinal Growth Model
Sponsored by Senator Windels and Representative Merrifield. 
HB 1024 modifies HB 07-1048 to create more flexibility for the Technical Advisory Panel on longitudinal growth and the State Board of Education to recommend a preferred model.  Signed by the Governor 2/14.

House Bill 1027  Building Inspections for Educational Institutions 
Sponsored by Senator Taylor and Representative Mitchell
HB 1027 clarifies role of the Divison of Oil & Public Safety in conducting building inspections. It keeps responsibility of reviewing building plans with Division and charges them with issuing permits, conducting final inspections, and issuing certificates of occupancy. It states that third-party shall conduct building inspections. School district or institution shall hire third-party that is under contract with the Division. Local building departments may conduct inspection provided there is memorandum of understanding between the department and the Division. It also states in that event that inspection is not complete and building must be occupied immediately, the Division can issue temporary certificate of occupancy assuming there are no serious safety issues. It repeals $200 fee limit for Division to conduct inspection. State Fiscal Impact: FY 08-09 $78,500; FY 09-10 $75,100. Signed by the Governor 5/22.

House Bill 1058  Uniform Athlete Agents Act
Sponsored by Senator Gordon and Representative McGihon
HB 1058 enacts the Uniform Athlete Agents Act drafted by the National Conference of Commissioners on Uniform State Laws. It requires uniform registration of agents representing student athletes and establishes requirements regarding disclosures in a contract with an athlete. It gives an educational institution the right of action against an agent or former student athlete for damages in certain instances. State Fiscal Impact: FY 08-09 $56,749; FY09-10 $35,452.  Signed by the Governor 5/21.


House Bill 1059  Property Tax Revenue Distributions
Sponsored by Senator Romer and Representative Liston. 
HB 1059 allows a county treasurer to distribute property tax revenues to school districts on an annual basis if the amount of taxes collected for the month is less than $50 and on a quarterly basis if the amount of taxes collected for the month is less than $100.  Signed by the Governor 3/6.

House Bill 1079  CO Vocational Act Clean-up
Sponsored by Representative Jahn
HB 1079 replaces the term vocational education (CVA) with career and technical education (CTE) and makes conforming amendments. It exempts CTE dollars from counting towards enterprise status for the Community College Board. It changes the distribution of CVA dollars from a formula based on estimates of student enrollment and costs to actual expenditures of the programs from the previous fiscal year. It conforms statute with the practice of the Board approving CTE programs prior to receiving funding. It also changes the date of the CTE annual report from November to February of each year. Signed by the Governor 4/7.

House Bill 1128  Signature Verification for Elections 
Sponsored by Senator Gordon and Representative Marostica
HB 1128 allows county clerks, recorders, and election judges to access digitized signatures to compare elector's signatures for verification purposes. In a statewide primary or general election, or a coordinated mail election,  HB 1128 requires election judges to compare an elector's signature for mail ballots with the signature in the voter registration system instead of the signature on file at the local clerk's office. Signed by the Governor 4/10.

House Bill 1155  Certification Process for Voting Systems
Sponsored by Senator Gordon, Senator Johnson and Representative Marshall and Representative Balmer
HB 1155 authorizes the Secretary of State to amend or rescind any orders he issued on 12/17/07 regarding the certification of voting systems. It allows as part of the amending or rescinding the additional testing of voting systems and directs the Secretary of State to allow County Clerk and Recorder's office staff to operate the voting system during the testing. Signed by the Governor 2/11.

House Bill 1156  Juvenile Parole
Sponsored by Representative Casso
HB 1156 authorizes the Division of Youth Corrections to manage all juvenile parole issues. It clarifies that the Division of Youth Corrections shall not retain jurisdiction over a juvenile who reaches 21 years of age. Signed by the Governor 5/22.

House Bill 1157  Creation of a Youth Advisory Council
Sponsored by Senator Windels and Representative Roberts
HB 1157 creates the Youth Advisory Council to advise and make recommendations to the Colorado General Assembly on issues affecting youth. It states that the Council shall be comprised of 40 members; 35 will represent each of the state senate districts and be appointed by that senator. Five at-large members will be appointed by the House of Representatives. Members must be between the ages of 14 and 19. Signed by the Governor 5/29.

House Bill 1159  Concerning Institute Charter Schools
Sponsored by Senator Bacon and Representative Fischer
HB 1059 s
pecifies that the state charter school institute and the state charter school institute board are subject to the open records and open meetings laws.  Signed by the Governor 4/17.

House Bill 1162  Military Spouse Interim Authorization for Employment in Public Schools
Sponsored by Representative Stephens
HB 1162 requires CDE to issue a "military spouse interim authorization" to a military spouse who is certified or licensed in another state as a teacher, special services provider, or administrator, but hasn't completed the licensure process in Colorado. Interim authorization would allow school districts to hire such individuals. Authorization would be valid for one year and can be renewed by CDE for one additional year. State Fiscal Impact: State conditional fiscal impact if CDE contracts with third party to conduct background checks. Signed by the Governor 3/19.

House Bill 1168   Inclusion of Financial  Literacy in State Standards
Sponsored by Senator Romer and Representative Marshall
HB 1168 directs the Standards and Assessments Development and Implementation Council to recommend, and the State Board of Education to adopt, revised state model content standards in math that include financial literacy. It requires state assessments to be aligned with new financial literacy standards. It also directs school districts to revise their content standards to ensure they meet or exceed new revised math standards. State Fiscal Impact: FY 08-09 $55K; FY 09-10 $50K. Signed by the Governor 6/5. 

House Bill 1179  PERA Distributions Subject to Legal Process
Sponsored by Representative Gardner
HB 1179 allows the Department of Revenue to collect by distraint PERA distributions payable to a member when that individual owes the state taxes or license fees but refuses or neglects to pay. It states that any PERA member who terminates membership, and for whom PERA receives an order, warrant, or injunction based on allegations of theft, embezzlement, misappropriation, or wrongful conversion of public property, is prohibited from receiving a refund of their contribution account. Prohibition can be lifted by court order. Signed by the Governor 3/17.

House Bill 1204  Eligible Facilities
Sponsored by Senator Williams and Representative Peniston
HB 1204 creates the division of facility education programs within the Colorado Department of Education to oversee the implementation of educational programs within facilities that serve students who are placed in the facilities. State Fiscal Impact: FY 08-09 $1,156,000; FY 09-10 $16,780,000; an unknown portion of these costs may be paid by tuition revenue. Signed by the Governor 5/27. 

House Bill 1223  Literacy Challenges in K-12
Sponsored by Representative Merrifield
By 8/1/08, HB 1223 requires CDE to offer training and technical assistance to districts concerning the identification and addressing of student literacy issues, including dyslexia. Training/assistance must be coordinated around Response to Intervention model that districts must implement by 8/09. Training is voluntary for districts. It encourages CDE and higher education to collaborate so that training reflects best practices of current teacher prep programs. It also encourages CDE and higher education to develop or affirm minimum standards for teacher preparation programs specific to literacy issues. Signed by the Governor 5/27.

House Bill 1224  Wellness in Public Schools
Sponsored by Senator Tupa and Representative Benefield
HB 1224 encourages school districts on or before 10/1/08 to expand their wellness policy to include such goals as increasing physical education offerings and hiring only endorsed and licensed physical education teachers; providing nutrition services; providing increased mental health services; and increasing the level of family and community involvement in developing health/wellness goals. It expands the "CO Comprehensive Health Education Act" to include funding for district wellness programs that incorporate the above areas. HB 1224 gives CDE authority to promote wellness programs and charges them with setting guidelines for district implementation of programs. It also requires CDE and the Department of Higher Education to develop course work or endorsements in physical education.  Signed by the Governor 4/25.

House Bill 1255  Rural Teacher Loan Forgiveness Program
Sponsored by Representative C Gardner
HB 1255 expands the definition of rural school district to allow more teachers who teach in rural areas to qualify for the teacher loan forgiveness pilot program. It removes the provisions that limit the program to repaying only college invest loans. It increases the dollar amount that all teachers under the program can seek in loan forgiveness to $4,000 for the first two years of teaching and $1,000 for the next two years of teaching. HB 1255 also extends the repeal date of the program from 2013 to 2018. Signed by the Governor 5/29.

House Bill 1267  First Responder School Mapping
Sponsored by Representative Massey
HB 1267 requires the School Safety Resource Center to create and operate a pilot school mapping system for first responders. The system would provide first responders with access to electronic maps of school buildings and other information that would be helpful in the event of a school emergency. The advisory board of the School Safety Resource Center is to make recommendations for the mapping system characteristics and has the authority to require counties, municipalities, and school districts to submit maps and other schematic information. The mapping system is to be complete and operational by July 1, 2009.  Signed by the Governor 5/13.

House Bill 1283  Supplemental Appropriation Department of Education
Joint Budget Committee
HB 1283 allows a reduction of $114 million general fund for school finance or 3.6% due to higher than anticipated local revenues from the mill levy stabilization and lower than anticipated enrollment. It also adds an additional $35,000 for legal fees CDE has incurred for charter school appeals.
State Fiscal Impact: $113,965,000 general fund increase. Signed by the Governor 3/17.

House Bill 1317  Interstate Compact for Military Children
Sponsored by Senator Tapia and Representative Looper
HB 1317 directs the governor to enter into a compact on educational opportunity for military children with other states to remove barriers to educational success that are imposed on children of military families because of frequent moves and deployment of their parents. It includes provisions on enrollment, placement in courses, collection of data, and graduation requirements. HB 1317 also creates the interstate commission on educational opportunity for military children. Signed the Governor 6/5.

House Bill 1329  Updating Voter Registration Lists
Sponsored by Senator Gordon and Representative Marshall
HB 1329 requires that no less than 90 days prior to an election, requires county clerk and recorder to mail a confirmation card to any registered voter whose registration card has been marked "inactive." Voter may choose to select "active" status, or if no response is given, county must mail voter a mail ballot packet and mark that individual as "conditionally active." It specifies required components of confirmation card, including preaddressed returnable portion and prepayment of postage. Local fiscal impact. Signed by the Governor 6/2.

House Bill 1335  Building Excellent Schools Today (BEST)
Sponsored by Senator Groff and Representative Romanoff
HB 1335 replaces existing programs that authorize the provision of capital construction assistance to school districts and charter schools through matching grants from the school construction and renovation fund and the school capital construction expenditures reserve and loans from the permanent school fund, with a new financial assistance program. It creates the division of public school capital construction assistance as a type 2 agency and the board as a type 1 agency within CDE. It requires the board to establish public school facility construction guidelines for use by the board in assessing and prioritizing public school capital construction needs, reviewing applications for financial assistance, and making recommendations to the state board regarding appropriate allocation of financial assistance. State Fiscal Impact: Total new state expenditures are up to $137.5 million in FY 2008-09 and up to $271.3 million in FY 2009-10. Total expenditures from the Public School Capital Construction Assistance Fund are $164.8 million in FY 2008-09 and $297.3 million in FY 1009-10. The majority of expenditures are for construction projects funded through COPs and grant moneys. The bill also creates a new division within CDE to oversee capital construction projects.  Signed by the Governor 5/22.

House Bill 1336  Truancy Reporting and Resources
Sponsored by Senator Spence and Representative T. Carroll
HB 1336 requires the state board of education to adopt guidelines by 7/1/08 for the standardized calculation of unexcused absences of students from school. It requires a school district to report annually to CDE concerning the number of students who are habitually truant. It also requires the department to post this information on the internet. CDE may post information on the internet concerning effective, research-based, truancy and dropout-prevention programs for the benefit of school districts. HB 1336 allows a school district to include truant students when identifying students who are at risk of suspension or expulsion from school.  Signed by the Governor 4/7.

House Bill 1339  School Bus Safety Signals
Sponsored by Representative Scanlon
HB 1339 replaces current statutory equipment standards for a school bus with the current federal regulations. Signed by the Governor 4/10.

House Bill 1344  Background Checks for School Employees
Sponsored by Representative Green
HB 1344 requires CDE to respond to a background query within 24 hours. It directs a school district board of education to report to CDE within 24 hours after a dismissal or resignation as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior, which is supported by a preponderance of the evidence. Waives sovereign immunity and the notice requirement for an action arising out of a school district's or CDE's failure to perform an education employment required background check prior to hiring an individual who will work with children or in a setting with children. HB 1344 eliminates the statute of limitations for a civil action based on a failure to perform an education employment required background check by a school district or CDE prior to hiring an individual who will work with children or in a setting with children.  Signed by the Governor 6/5.

House Bill 1370  Counselor Corp Grant Program
Sponsored by Representative Middleton and Senator Bacon
HB 1370 creates the three-year School Counselor Corps Grant Program in CDE; funded with $5 million. School districts, charter schools, or BOCES may apply for funds and grant application must include standards for counselors, plans for use of grant monies, and plan for continuing to fund counseling after grant expires. CDE shall consider dropout rate, number of free and reduced lunch students, and graduation rate. Priority will be given to schools/districts with a high dropout rate. Grant monies can only be used at middle and high school levels to fund new counselors or offer professional development activities to counselors. State Fiscal Impact: $5 million from General Fund.  Signed by the Governor 5/27.

House Bill 1384  Improving Retention of Quality Educators
Sponsored by Representative Todd and Representative Merrifield
HB 1384 requires CDE to administer a biennial teaching and learning conditions survey to all public preschool, elementary and secondary teachers. It requires assessments of the survey to include teaching and learning conditions as predictors of student achievement, any correlation between teaching and learning conditions and teacher retention, and any relationship between teaching and learning conditions and school administration. Survey results can be used by CDE, policymakers, schools, and districts to help with professional development program design, school improvement plans, and to inform state education reform initiatives. It also requires CDE to award a $3,000 stipend to any teacher employed by a district, BOCES, or charter school and who is certified by the National Board for Professional Teaching Standards. It allows State Board of Education to impose alternative forms of discipline as an alternative to suspension or revocation of teaching license in certain situations. It also allows CDE to issue an Exchange Teacher Interim Authorization to individuals participating in nationally-recognized exchange programs and who are licensed to teach in another country. State Fiscal Impact: FY 08-09 $1,286,656 from State Education Fund.  Signed the Governor 5/27.

House Bill 1386  Principal Leadership Academy
Sponsored by Representative Merrifield
HB 1386 creates a school leadership academy within CDE to provide comprehensive leadership and professional development for principals. It creates an academy board that will provide recommendations to the State Board on critieria for approval and review of induction programs for principal licensees. State Fiscal Impact: FY 08-09 $137,983 from State Education Fund.  Signed by the Governor 5/27.

House Bill 1388  School Finance
Sponsored by Representative Pommer and Senator Windels. Amends the School Finance Act. Final SFA Summary Signed by the Governor 5/19.

Senate Bill 001  Creation of School Safety Resource Center
Sponsored by Senator Morse and Representative Stephens
SB 001 creates the School Safety Resource Center in the Department of Public Safety to assist schools in preventing, preparing for, and responding to emergencies and crises. The Center must select between 1 and 5 districts or regions to serve as pilot sites during the first year of operation. It creates a Center Advisory Board and outlines duties.  State Fiscal Impact: $466,336 general fund 08-09; $455,106 general fund 09-10. Signed by the Governor 5/13.

Senate Bill 017  Credentialing of Occupational Education Teachers
Sponsored by Senator Spence 
SB 017 originated in the Legislative Audit Committee. It delineates credentialing authority of Occupational Education Teachers in K-12 and at the community college level. CDE will assume responsibility for credentialing K-12 CTE teachers beginning in July 2009. The individual community colleges will be responsible for credentialing for community college instructors. State Fiscal Impact: none; revenue gain of $45,380 for CCCS and fiscal cost of $45,380 for CDE to be funded out of the  educator license cash fund. State Fiscal Impact: none; revenue gain of $45,380 for CCCS & fiscal cost of $45,380 for CDE to be funded out of the education license cash fund. Signed by the Governor 5/20.

Senate Bill 030  Delegation of Public Securities
Sponsored by Senator Veiga and Representative Ferrandino
SB 030 increases the period for which a public entity may delegate to specified officers and members of the public entity authority to sign a contract for the purchase of securities and to accept a binding bid for the securities from 60 days to one year after adoption of the act of issuance, or such shorter period as specified in the act of issuance. Signed by the Governor 4/25.

Senate Bill 038  Creation of Regional Service Cooperatives
Sponsored by Senator Schwartz and Representative Massey
SB 038 directs the State Board of Education to divide the state into 12 regional service areas, no later than 12/1/08. It encourages formation of Regional Service Cooperatives (RSC). Each RSC must submit a report to the State Board no later than 6/30/09 that includes an accountability and governance plan, needs assessment of participating agencies, and available funding and budget plan. It directs State Board to reimburse each RSC $10K for cost of developing plan. If a plan is approved by State Board, SB 38 directs them to award RSC with $75K grant. Each RSC would also receive $1.75 per pupil based on October head count data. State Fiscal Impact: $1 million. Signed by the Governor 6/2.

Senate Bill 075  Implementation of Committee on Legal Services Recommendations
Sponsored by Senator Veiga and Representative McGihon
SB 075 provides for expiration of rules on May 15, 2008 that includes the rule that a school district that contracted with a community college to implement a dual degree program within 2 years of the creation of Fast College, Fast Jobs, may continue to count enrolled pupils regardless of their grade level. (Fast College, Fast Jobs Program in statute requires students to enter the program in 9th grade which is contrary to this statute). Signed by the Governor 5/14.

Senate Bill 089  Early Intervening Services for Students
Sponsored by Senator Williams and Representative Gardner
SB 089 requires that administrative units use no more than 15% of their total Exceptional Children's Educational Act funding for early intervening services to students. It allows provision of early intervening services for a child not identified as disabled at the time services are provided. It defines eligibility for early intervening services as students in K-12 with an emphasis on students in grades K-3. It also requires administrative units to collect and annually report to CDE those students who receive early intervention services.  A legislative declaration was added stating the under-funding of special education on a state and local level. Signed by the Governor 4/25. 

Senate Bill 123  Additional Funding for School Lunch Programs
Sponsored by Senator Sandoval and Representative Madden
SB 123 creates the child nutrition school lunch protection program to eliminate the reduced price paid by children in kindergarten through second grade who are eligible for reduced-cost
lunches. State fiscal impact: $850,000 - $1.5. million. Signed by the Governor 5/23.

 Senate Bill 129  Nutrition in Schools
Sponsored by Senator Gibbs
By September 1, 2008, SB 129 requires every school district to adopt a policy that contains limitations on school cafeterias, vending machines, fundraising activities, and school stores including prohibition on sale of beverages from any source unless the beverages conform to strict standards on size, calories, and sugar intake and limitations on types of beverages based on elementary, middle, and high schools. SB 129 encourages school districts to adopt a policy to ensure each student has access to age-appropriate, daily physical activity
Signed by the Governor 4/24. 

Senate Bill 130  Innovation Schools Act of 2008
Sponsored by Senator Groff, Senator Spence and Representative Witwer and Representative T. Carroll
SB 130 allows school(s) to apply to the school board to become an Innovation School. The school board may accept or reject the application or may also initiate development of a plan to create one or more Innovation Schools within the district. The school plan, approved by board or board-initiated plan, must be submitted to State Board of Education (SBE) and the Commissioner for approval. It specifies required contents of plan and directs SBE to approve the plan unless they find it would be financially unfeasible or lower academic achievement. States statutes and regulations are waived for "Innovation Schools", CSAP and AYP are not waived. Innovation schools or districts would not be subject to statute/regulations regarding budget, curriculum, personnel/hiring, length of school day, or teacher salary. SB 130 also makes Innovation Schools exempt from collective bargaining agreements. State Fiscal Impact: $80,545 and 1.0 FTE. Signed by the Governor 5/27. 
 Innovation Schools Act of 2008 Summary.

Senate Bill 133  Teach Colorado Scholarship Program
Sponsored by Senator Shaffer and Representative A Kerr
SB 133 creates the Teach Colorado Scholarship program in the Department of Higher Education to provide scholarships to a limited number of undergraduate students who are simultaneously pursuing teaching licenses and undergraduate degrees in mathematics or the sciences and who commit to teach in Colorado public schools following graduation for a period equal to the number of years the student received scholarship benefits. Signed by the Governor 5/12.

Senate Bill 155  Centralization of Information Technology
Sponsored by Senator Cadman and Representative A. Kerr
SB 155 consolidates state department and agency functions relating to information and technology in the Office of Information Technology (OIT). It requires state agencies to cooperate with OIT in developing and implementing processes for the sharing of data and information with the office and between state agencies. It also directs that the office determine and implement statewide efforts to standardize and determine ownership of IT resources among state agencies. SB 155 makes the position of CIO within OIT a member of the governor's cabinet. It transfers the chief information officer of each state agency and certain employees of those agencies to OIT. Signed by the Governor 5/22.

Senate Bill 181  Coordination for Responding to School Incidents
Sponsored by Senator Wiens and Representative Massey
SB 181 requires the Department of Public Safety (DPS) to designate which portions of the federal National Response Framework (NRF) and National Incident Management System (NIMS) that every school district must comply with no later than 7/1/09. It directs DPS and CDE to recommend courses that school districts could use to meet continuing education requirements. It requires each school district to collaborate with local public health, medical and mental health organizations, and state agencies to develop a school safety, readiness, and incident management plan no later than 7/1/08. It also specifies minimum plan contents, including designation of safety and backup teams, support locations, and plans for addressing an infectious disease outbreak. It requires each school district to enter into a mutual agreement with community partners that designates responsibility in an emergency. SB 181 requires each public school to create a multi-agency, all-hazard exercise program based on NIMS and specifies requirements of program. Signed by the Governor 5/14.

Senate Bill 212  CAP4K
Sponsored by Senato Romer and Representative Witwer
SB 212 makes legilative findings concerning the importance of aligning education standards and assessments from preschool through postsecondary and worforce readiness. It allows the use of state education fund moneys for the purposes of the act. SB 212 directs the state board of education to adopt a description of school readiness and standards for preschool through elementary and secondary education (PESE standards). SB 212 directs the state board to review the school readiness description and PESE standards every 4 years, if appropriate. State Fiscal Impact: FY 08/09 $542,453 (6.0 FTE) Final Summary.
Signed by the Governor 5/14. 

House Bill 1358  Sales Tax Exemption for PTO's
Sponsored by Senator Ward and Representative Rice
HB 1358 requires an association or organization of parents and teachers of public school students that is a charitable organization to pay the state sales tax upon certain sales of commodities and services that may currently be exempt from sales tax. HB 1358 creates a sales tax exemption for sales by an association or organization of parents and teachers of public school students that is a charitable organization. It permits a county or municipality that establishes a sales tax pursuant to statutory authority to create a similar sales tax exemption. 
Signed by the Governor 5/21.

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