§ 22-43.7-101. Short Title
This article shall be known and may be cited as the “Building Excellent Schools Today Act”. Source: L. 2008: Entire article R&RE, p. 1040, § 1, effective May 22.
§ 22-43.7-102. Legislative Findings and Declarations
The general assembly hereby finds and declares that: Colorado school districts, boards of cooperative services, and charter schools have differing financial abilities to meet students’ fundamental educational needs, including the need for new public schools and renovations or for controlled maintenance at existing public schools so that unsafe, deteriorating, or overcrowded facilities do not impair […]
§ 22-43.7-103. Definitions
As used in this article 43.7, unless the context otherwise requires: “Applicant” means any entity that may directly or indirectly submit an application for financial assistance to the board if the entity submits such an application, including: A school district; A board of cooperative services; A charter school; and The Colorado school for the deaf […]
§ 22-43.7-104. Public School Capital Construction Assistance Fund – Creation – Crediting of Money to Fund – Use of Fund – Emergency Reserve – Creation – Reserve Account – Creation and Use
The public school capital construction assistance fund is hereby created in the state treasury. The principal of the assistance fund shall consist of all moneys transferred or credited to the assistance fund pursuant to subsection (2) of this section. All interest and income earned on the deposit and investment of moneys in the assistance fund […]
§ 22-43.7-105. Division of Public School Capital Construction Assistance – Creation – Director – Function – Powers and Duties
There is hereby created within the department a division of state government to be known and designated as the division of public school capital construction assistance, the head of which shall be the director of the division of public school capital construction assistance. Pursuant to section 13 of article XII of the state constitution, the […]
§ 22-43.7-106. Public School Capital Construction Assistance Board – Creation – General Powers and Duties – Rules
There is hereby created within the department the public school capital construction assistance board, which shall exercise its powers and perform its duties and functions under the department as if the same were transferred to the department by a type 1 transfer, as such transfer is defined in the “Administrative Organization Act of 1968”, article […]
§ 22-43.7-107. Public School Facility Construction Guidelines – Establishment by Board – Use
The board shall establish public school facility construction guidelines for use by the board in assessing and prioritizing public school capital construction needs throughout the state as required by section 22-43.7-108, reviewing applications for financial assistance, and making recommendations to the state board regarding appropriate allocation of awards of financial assistance from the assistance fund […]
§ 22-43.7-108. Statewide Financial Assistance Priority Assessment – Public School Facilities
As soon as possible following the establishment of the public school facility construction guidelines pursuant to section 22-43.7-107, the board shall conduct with the assistance of the division, or contract for, a financial assistance priority assessment of public school facilities throughout the state as provided in this section. The board shall order payment of the […]
§ 22-43.7-109. Financial Assistance for Public School Capital Construction – Application Requirements – Evaluation Criteria – Local Match Requirements – Technology Grants – Career and Technical Education Capital Construction Grants – Rules – Definitions – Repeal
For fiscal years commencing on or after July 1, 2008, the board, with the support of the division and subject to the approval of the state board and, in the case of financial assistance that involves financed purchase of an asset or certificate of participation agreements, subject to both the preliminary approval of the state […]
§ 22-43.7-110. Financial Assistance – Grants – Financed Purchase of an Asset Agreements
The board may provide financial assistance for those public school facility capital construction projects for which the state board has authorized the provision of financial assistance pursuant to section 22-43.7-109 (7) by providing matching grants from the assistance fund. Subject to the following requirements and limitations, the board may also instruct the state treasurer to […]
§ 22-43.7-110.3. Department – Charter School Facilities Assistance Account – Distribution – Definitions
Subject to annual appropriations, the department shall distribute the moneys credited to the charter school facilities assistance account created in section 22-43.7-104 (2)(d) as provided in this section. A qualified charter school may use moneys received from the charter school facilities assistance account for capital construction purposes. The department shall annually distribute the moneys credited […]
§ 22-43.7-110.5. Charter School Matching Moneys Loan Program – Rules – Definitions
As used in this section, unless the context otherwise requires: “Eligible charter school” means a charter school that is: A qualified charter school as defined in section 22-30.5-408 (1)(c); and Authorized to receive financial assistance pursuant to section 22-43.7-109 (7). “Loan program” means the charter school matching moneys loan program created in this section. There […]
§ 22-43.7-111. Reporting Requirements – Auditing by State Auditor
Notwithstanding section 24-1-136 (11)(a)(I), no later than February 15, 2010, and no later than each February 15 thereafter, the board shall present a written report to the education and finance committees of the house of representatives and the senate and the capital development committee, or any successor committees, regarding the provision of financial assistance to […]
§ 22-43.7-112. Attorney General as Legal Advisor
The attorney general shall act as legal advisor for the board, and with the consent of the attorney general, the board may employ additional legal counsel. Source: L. 2008: Entire article R&RE, p. 1062, § 1, effective May 22.
§ 22-43.7-113. Colorado School for the Deaf and Blind – Special Rules
Except to the extent otherwise provided by the board in rules promulgated in accordance with article 4 of title 24, C.R.S., in order to account for any revenue-raising limitations of the Colorado school for the deaf and blind created and existing pursuant to section 22-80-102 (1)(a) not shared by school districts, the school shall be […]
§ 22-43.7-114. Capital Construction Assistance Awarded for Fiscal Year 2007-08 – Continued Payment
Any capital construction assistance awarded to school districts or charter schools prior to the end of the 2007-08 fiscal year pursuant to this article, as it existed prior to May 22, 2008, shall continue to be paid. Source: L. 2008: Entire article R&RE, p. 1062, § 1, effective May 22.
§ 22-43.7-115. Tax Increases Not Required
Nothing in this article shall be deemed to require a school district to increase taxes. Source: L. 2008: Entire article R&RE, p. 1062, § 1, effective May 22.
§ 22-43.7-116. Open Record and Open Meetings
In exercising their powers and duties pursuant to this article, the board and the division shall be subject to the open meetings provisions of the “Colorado Sunshine Act of 1972”, article 6 of title 24, C.R.S., as set forth in part 4 of said article, and the open records provisions set forth in article 72 […]