Colorado § 22-51-104 - Methods of determining reimbursement entitlement.

§ 22-51-104. Methods of determining reimbursement entitlement.

(1) Except as otherwise provided in subsection (1.5) of this section, for financial aid in providing pupil transportation, for entitlement periods ending on June 30, 1988, and thereafter, each school district, the state charter school institute, and each facility school shall have a reimbursement entitlement in an amount determined as follows:

(a) Thirty-seven and eighty-seven one-hundredths cents for each mile traveled by vehicles operated by or for the school district, the institute, or the facility school in providing pupil transportation during the entitlement period. The number of miles traveled shall be determined by the state board of education based upon information submitted pursuant to section 22-51-105.

(b) Thirty-three and eighty-seven one-hundredths percent of any amount by which the school district's, the institute's, or the facility school's current operating expenditures for pupil transportation during the entitlement period exceeded the school district's, institute's, or facility school's reimbursement entitlement under the provisions of paragraph (a) of this subsection (1); and

(c) Not more than sixty percent of the costs of contracts entered into by a school district pursuant to section 22-32-110 (1)(w) or entered into by the state charter school institute or a facility school for the purpose of conserving fuel or reducing operating or capital expenditures, or both, for pupil transportation under public transportation programs which comply with the code of federal regulations, title 49, parts 390 to 397, or successor regulations thereto. Reimbursement entitlements under this paragraph (c) shall not be greater than those the school district, the institute, or the facility school would otherwise receive if it operated its own vehicles or contracted for the exclusive transportation of pupils.

(1.5) (a) Repealed.

(b) Notwithstanding the provisions of subsection (1) of this section, for entitlement periods ending on June 30, 1989, and thereafter, a school district, the state charter school institute, and a facility school shall not receive a reimbursement entitlement in an amount which is less than its reimbursement entitlement for the preceding entitlement period. For purposes of this paragraph (b), the reimbursement entitlement for the preceding entitlement period shall be the amount to which the school district, the institute, or the facility school would have been entitled under the formula in subsection (1) of this section, and not the amount it actually received for the preceding entitlement period, if different from the amount under said formula.

(2) In no event shall the reimbursement entitlement of a school district, the institute, or a facility school under the provisions of subsection (1) of this section for any entitlement period exceed ninety percent of the total amount expended by the school district, the institute, or the facility school during said entitlement period for current operating expenditures for pupil transportation.

(3) For financial aid in providing board allowances in lieu of transportation, each school district and the institute shall have a reimbursement entitlement for an entitlement period for each pupil who is temporarily residing during said entitlement period for the purpose of attending school at a place nearer the school of attendance than the student's permanent residence, and for whom the district or the institute has paid a board allowance in lieu of furnishing transportation, in the amount of one dollar for each day such board was paid by the district or the institute.

Source: L. 75: Entire article R&RE, p. 715, § 1, effective July 14. L. 80: (1) amended, p. 559, § 6, effective May 1; (1)(c) added, p. 562, § 1, effective July 1. L. 88: IP(1), (1)(a), and (1)(b) amended and (1.5) added, p. 774, § 3, effective May 29; (1.5)(a) repealed, p. 774, § 3, effective November 1. L. 94: (2) amended, p. 809, § 15, effective April 27; (2) amended, p. 1282, § 5, effective May 22. L. 95: (2) amended, p. 611, § 11, effective May 22. L. 2004: Entire section amended, p. 1588, § 18, effective June 3. L. 2008: (1), (1.5), and (2) amended, p. 1402, § 48, effective May 27.

Editor's note: This section is similar to former § 22-51-103 as it existed prior to 1975.