Colorado § 22-54-104.6 - Implementation of at-risk measure - legislative declaration - definitions.

§ 22-54-104.6. Implementation of at-risk measure - legislative declaration - definitions.

(1) (a) The general assembly finds and declares that implementing an improved at-risk measure for identifying students who are at risk of below-average academic performance because of socioeconomic disadvantages or poverty will benefit Colorado students by:

(I) Ensuring that public schools are able to participate in universal free meals programs and reducing the paperwork and administrative burden on public schools participating in those programs;

(II) Identifying at-risk students directly through their participation in certain public benefit programs without the need to collect forms or other verification of eligibility, which often leads to the undercounting of students in the public schools that need resources to serve these students; and

(III) Recognizing factors beyond household income that place a student at risk of below-average academic performance.

(b) Therefore, it is the intent of the general assembly to continuously improve the construction and implementation of the at-risk measure for use in the state's public school funding formula.

(1.5) (a) In order to account for students who are at risk of below-average academic performance and education outcomes because of socioeconomic disadvantages or poverty, but who may not qualify for free or reduced-price lunch, the department of education shall collect data necessary to identify individual student census block groups.

(b) Notwithstanding subsection (1.5)(a) of this section, the state board may promulgate rules that direct the department of education to suspend the collection of data pursuant to subsection (1.5)(a) of this section, if the collected data indicates that the student population identified in subsection (1.5)(a) of this section is substantially similar to the at-risk student population that is identified through free and reduced-price lunch and direct certification. The state board may also promulgate rules that direct the department of education to re-start the collection of data pursuant to subsection (1.5)(a) of this section, after a suspension of data collection.

(2) to (12) Repealed.

Source: L. 2022: Entire section added, (HB 22-1202), ch. 150, p. 960, § 1, effective May 3. L. 2023: IP(3), (4), (10)(b), and (12) amended and (11.3), (11.5), and (11.7) added (SB 23-287), ch. 189, p. 927, § 13, effective May 15. L. 2024: IP(3) amended, (SB 24-188), ch. 235, p. 1473, § 6, effective May 23. L. 2025: IP(1)(a), (1)(b), and (12) amended and (1.5) added, (HB 25-1320), ch. 236, p. 1170, § 18, effective May 23. L. 2026: (12) repealed, (SB 26-169), ch. 311, p. 1802, § 19, effective August 12.

Editor's note: Subsection (12) provided for the repeal of subsections (2) to (11.7), effective July 1, 2025. (See L. 2025, p. 1170.)

Cross references: For the legislative declaration in SB 23-287, see section 1 of chapter 189, Session Laws of Colorado 2023. For the legislative declaration in SB 24-188, see section 1 of chapter 235, Session Laws of Colorado 2024. For the legislative declaration in HB 25-1320, see section 1 of chapter 236, Session Laws of Colorado 2025.