Colorado § 22-54-104.3 - Total program for budget years - special provisions.

§ 22-54-104.3. Total program for budget years - special provisions.

(1) to (2.6) Repealed.

(2.7) (a) Notwithstanding the provisions of this article 54, a district's total program for the applicable budget year must not exceed the district's total program for the prior budget year multiplied by one hundred percent plus the district's maximum annual percentage change in the applicable fiscal year spending.

(b) For purposes of this subsection (2.7), "maximum annual percentage change in the applicable fiscal year spending" means the percentage change in fiscal year spending allowed by section 20 of article X of the state constitution based upon the definition of inflation found in said section 20 and based upon the definition of local growth as the percentage change between the district's funded pupil count during the immediately preceding October and the district's current year October funded pupil count.

(c) Repealed.

(d) (I) If a district's total program is calculated pursuant to subsection (2.7)(a) of this section and the district is capable of receiving an increase in its total program within the limitations on its fiscal year spending for the applicable budget year under section 20 of article X of the state constitution, the district may certify to the department that it may receive an additional increase in its total program for the applicable budget year in an amount equal to the lesser of:

(A) The difference between the district's total program for the applicable budget year calculated pursuant to subsection (2.7)(a) of this section and the district's total program for the applicable budget year determined pursuant to this article 54; or

(B) The difference between the district's total program for the applicable budget year calculated pursuant to paragraph (a) of this subsection (2.7) and the district's allowable fiscal year spending for the applicable budget year under section 20 of article X of the state constitution.

(II) Each district eligible for an increase pursuant to this paragraph (d) shall certify to the department the exact dollar amount of increase that the district can accept. Such certification shall be submitted no later than December 1 of the applicable budget year and must be reviewed and approved by an auditor for the district.

(3) Repealed.

(4) (Deleted by amendment, L. 95, p. 613, § 15, effective May 22, 1995.)

(5) and (6) Repealed.

Source: L. 94: Entire article added with relocations, p. 786, § 2, effective April 27; IP(1) amended, p. 1282, § 4, effective May 22. L. 95: (4), IP(5), and (5)(g) amended and (2.5), (2.7), and (6) added, p. 613, § 15, effective May 22. L. 96: (2.6) added and (2.7)(a) amended, p. 1791, § 4, effective June 4. L. 97: (2.7) amended, p. 592, § 29, effective April 30. L. 98: (2.7)(d) added, p. 964, § 5, effective May 27. L. 2006: (1), (2), (2.5), (2.6), (2.7)(c), (5)(a) to (5)(d), and (6) repealed, p. 620, § 45, effective August 7. L. 2024: (2.7)(a), IP(2.7)(d)(I), and (2.7)(d)(I)(A) amended and (3) and (5) repealed, (HB 24-1448), ch. 236, p. 1514, § 16, effective May 23.