Colo. Rev. Stat. § 22-30.5-112.2
Charter schools - at-risk supplemental aid - definitions - legislative declaration - repeal.
Effective Jul 1, 2026L. 2012: Entire section added, (HB 12-1345), ch. 188, p. 721, § 8, effective May 19. L. 2016: (4) added, (SB 16-208), ch. 271, p. 1125, § 3, effective August 10. L. 2021: (4)(b) repealed, (SB 21-268), ch. 222, p. 1175, § 13, effective June 11; (1)(f) added and (2)(b) amended, (SB 21-185), ch. 246, p. 1333, § 7, effective September 7. L. 2025: (2)(a) and (3) amended and (2)(c) and (5) added, (HB 25-1320), ch. 236, p. 1156, § 7, effective May 23; (2)(b) amended, (SB 25-315), ch. 237, p. 1191, § 4, effective July 1, 2026; (1)(b)(II) added by revision, (SB 25-315), ch. 237, pp 1191, 1201 §§ 4, 26.
(1) As used in this section, unless the context otherwise requires:
- (a) Adjusted district per pupil revenues has the same meaning as defined in section 22-30.5-112.1 (1)(a).
(b)
- (I) ASCENT program means the accelerating students through concurrent enrollment program created in section 22-35-108.
- (II) This subsection (1)(b) is repealed, effective July 1, 2026.
- (c) At-risk pupils has the same meaning as defined in section 22-54-103 (1.5).
- (d) District per pupil revenues has the same meaning as defined in section 22-30.5-112 (2)(a.5)(II).
- (e) Qualifying school district has the same meaning as defined in section 22-30.5-112.1.
- (f) TREP program means the teacher recruitment education and preparation program created in section 22-35-108.5.
(2)
- (a) For the 2012-13 budget year through the 2024-25 budget year, the general assembly shall appropriate to the department of education for allocation to school districts the amount calculated for at-risk supplemental aid for those school districts and district charter schools described in subsection (2)(b) of this section. For the 2025-26 budget year and the 2026-27 budget year, the general assembly shall appropriate to the department of education for allocation to school districts the amount determined for supplemental aid for those school districts and district charter schools described in subsection (2)(c) of this section. The at-risk supplemental aid is additional funding and does not supplant any other funding provided pursuant to this article.
(b) [Editor's note: This version of subsection (2)(b) is effective until July 1, 2026.]
- (I) Each qualifying school district must receive at-risk supplemental aid if the percentage of at-risk pupils in a district charter school authorized by the qualifying school district prior to July 1, 2004, is less than the percentage of at-risk pupils in the qualifying school district. The amount of the school district's at-risk supplemental aid is equal to the difference between one hundred percent of district per pupil revenues and one hundred percent of adjusted district per pupil revenues for each pupil enrolled in the district charter school, not including online pupils or pupils enrolled in the ASCENT or TREP program.
- (II) Each district charter school in a qualifying school district that was initially authorized prior to July 1, 2004, must receive at-risk supplemental aid if the percentage of at-risk students in the district charter school exceeds the percentage of at-risk pupils in the qualifying school district. The amount of the district charter school's at-risk supplemental aid is equal to the difference between one hundred percent of adjusted district per pupil revenues and one hundred percent of district per pupil revenues for each pupil enrolled in the district charter school, not including online pupils or pupils enrolled in the ASCENT or TREP program. A school district shall pass through one hundred percent of a district charter school's at-risk supplemental aid to the district charter school.
- (III) Each district charter school in a school district that is not a qualifying district and whose percentage of at-risk pupils exceeds the percentage of at-risk pupils in the chartering school district must receive at-risk supplemental aid. The amount of the district charter school's at-risk supplemental aid is equal to the difference between one hundred percent of adjusted district per pupil revenues and one hundred percent of district per pupil revenues for each pupil enrolled in the district charter school, not including online pupils or pupils enrolled in the ASCENT or TREP program. A school district shall pass through one hundred percent of a district charter school's at-risk supplemental aid to the district charter school.
(b) [Editor's note: This version of subsection (2)(b) is effective July 1, 2026.]
- (I) Each qualifying school district must receive at-risk supplemental aid if the percentage of at-risk pupils in a district charter school authorized by the qualifying school district prior to July 1, 2004, is less than the percentage of at-risk pupils in the qualifying school district. The amount of the school district's at-risk supplemental aid is equal to the difference between one hundred percent of district per pupil revenues and one hundred percent of adjusted district per pupil revenues for each pupil enrolled in the district charter school, not including online pupils or pupils enrolled in the TREP program.
- (II) Each district charter school in a qualifying school district that was initially authorized prior to July 1, 2004, must receive at-risk supplemental aid if the percentage of at-risk students in the district charter school exceeds the percentage of at-risk pupils in the qualifying school district. The amount of the district charter school's at-risk supplemental aid is equal to the difference between one hundred percent of adjusted district per pupil revenues and one hundred percent of district per pupil revenues for each pupil enrolled in the district charter school, not including online pupils or pupils enrolled in the TREP program. A school district shall pass through one hundred percent of a district charter school's at-risk supplemental aid to the district charter school.
- (III) Each district charter school in a school district that is not a qualifying district and whose percentage of at-risk pupils exceeds the percentage of at-risk pupils in the chartering school district must receive at-risk supplemental aid. The amount of the district charter school's at-risk supplemental aid is equal to the difference between one hundred percent of adjusted district per pupil revenues and one hundred percent of district per pupil revenues for each pupil enrolled in the district charter school, not including online pupils or pupils enrolled in the TREP program. A school district shall pass through one hundred percent of a district charter school's at-risk supplemental aid to the district charter school.
- (c) For the 2025-26 budget year, each school district and district charter school's at-risk supplemental aid is the same amount that it received in the 2024-25 budget year. For the 2026-27 budget year, each school district and district charter school's at-risk supplemental aid is fifty percent of the amount that it received in the 2024-25 budget year.
- (3) If the appropriation to the department of education is insufficient to fund the at-risk supplemental aid determined pursuant to subsection (2) of this section, the department of education shall reduce each school district's and each district charter school's at-risk supplemental aid proportionately.
(4)
- (a) Notwithstanding any provision of this section to the contrary, at-risk supplemental aid for a district charter school that converts from an institute charter school pursuant to section 22-30.5-504 (10) continues to be calculated for the converted school pursuant to section 22-30.5-513 as the funding applied to the converted school before the conversion; except that this subsection (4) does not apply if the converted school is authorized by a small rural school district, as described in section 22-54-108 (3)(b)(IV).
- (b) Repealed.
- (5) This section is repealed, effective July 1, 2028.
Source: L. 2012: Entire section added, (HB 12-1345), ch. 188, p. 721, § 8, effective May 19. L. 2016: (4) added, (SB 16-208), ch. 271, p. 1125, § 3, effective August 10. L. 2021: (4)(b) repealed, (SB 21-268), ch. 222, p. 1175, § 13, effective June 11; (1)(f) added and (2)(b) amended, (SB 21-185), ch. 246, p. 1333, § 7, effective September 7. L. 2025: (2)(a) and (3) amended and (2)(c) and (5) added, (HB 25-1320), ch. 236, p. 1156, § 7, effective May 23; (2)(b) amended, (SB 25-315), ch. 237, p. 1191, § 4, effective July 1, 2026; (1)(b)(II) added by revision, (SB 25-315), ch. 237, pp 1191, 1201 §§ 4, 26.
Cross references: For the legislative declaration in HB 25-1320, see section 1 of chapter 236, Session Laws of Colorado 2025.