Legislative declaration.

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(1) The general assembly hereby finds and declares that, for purposes of section 17 of article IX of the state constitution, the expansion of the definition of "at-risk pupils", as defined in section 22-54-103 (1.5)(a)(V), to include district pupils who are English language learners, as defined in section 22-54-103 (1.5)(b)(IV), the increase in the at-risk factor pursuant to section 22-54-104 (5)(f)(II) for districts whose percentage of at-risk pupils is greater than the statewide average percentage of at-risk pupils and whose funded pupil count is greater than fifty thousand, the requirement that districts that receive at-risk funding spend a portion of their at-risk funding on implementation of the district's English language proficiency program pursuant to section 22-54-105 (3)(b)(I) and the increase in the at-risk factor from 11.2% to 12% for the 2005-06 budget year and each budget year thereafter pursuant to section 22-54-104 (2)(b)(II)(A) and (5)(f) are important elements of accountable programs to meet state academic standards and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.

  1. The general assembly further finds and declares that, for purposes of section 17 ofarticle IX of the state constitution, the enactment of the definition of "at-risk funded pupil count", as defined in section 22-54-103 (1), to allow up to three-year averaging of the number of at-risk pupils, is an important element of accountable education reform and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.

  2. The general assembly further finds and declares that, for purposes of section 17 ofarticle IX of the state constitution, the requirement that school districts provide educational services to juveniles pursuant to section 22-32-141 and that the school districts receive reimbursement for providing the services pursuant to section 22-54-114 (4)(b), is part of providing accountable programs to meet state academic standards and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.

Source: L. 2001: Entire section added, p. 344, § 6, effective April 16. L. 2005: (1) amended, p. 432, § 4, effective April 29. L. 2006: (1) amended, p. 619, § 44, effective August 7. L. 2010: (1) amended, (SB 10-062), ch. 168, p. 596, § 14, effective April 29. L. 2012: (3) added,

(HB 12-1238), ch. 180, p. 674, § 23, effective July 1. L. 2014: (1) amended, (HB 14-1298), ch. 244, p. 936, § 21, effective May 21.


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