Section 22-25-105 - Review of local comprehensive health education programs and local student wellness programs - allocation of funds by the state board of education(1) A school district, facility school, or board of cooperative services that is seeking funding for a local comprehensive health education program or a local student wellness program under this article shall file an application with the department of education in such form as the department of education shall require. An application for a local comprehensive health education program shall include provisions for the implementation of a law-related education program for the purpose of reducing the incidence of gang involvement and substance abuse by students through education.(2) The commissioner or the commissioner's designee, with the assistance of the executive director of the department of public health and environment or his or her designee, shall review all applications for review of local comprehensive health education programs and local student wellness programs submitted to the department of education.(3)(a) The state board of education shall establish a review and prioritization process for the allocation of available funds to school districts, boards of cooperative services, and facility schools based upon applications submitted to the department of education and giving due consideration to the guidelines developed pursuant to section 22-25-104 (3). Funding may be made available to districts or facility schools to implement portions of a comprehensive health education program or portions of a local student wellness program that are coordinated with health education, according to the needs of the individual school district or facility school. Pursuant to the review and prioritization process, the state board of education shall allocate available funds to the applying school districts, boards of cooperative services, and facility schools based on whether the state board of education finds that a school district, a board of cooperative services, or a facility school has planned or developed a local comprehensive health education program or a local school wellness program that will serve the objectives of this article. Funding for local comprehensive health education programs and local school wellness programs may include, but shall not be limited to, the implementation of training programs, in-service education institutes, and curriculum development programs for staff who shall instruct in comprehensive health education or for staff who shall instruct in or otherwise provide services through student wellness programs that are coordinated with health education. The state board of education shall not allocate funds to school districts, boards of cooperative services, or facility schools pursuant to the provisions of this subsection (3) until the department determines the amount of money that will be available for allocation.(b) If sufficient moneys are not available to fund programs in every school district, the department may establish pilot programs for school districts that express an interest in developing or expanding a local comprehensive health education program or one or more components of a local student wellness program, which components include and are coordinated with health education, and in which districts there is a need for a program.(c) (Deleted by amendment, L. 2010, (SB 10-151), ch. 364, p. 364, § 1, effective July 1, 2010.)(4)(a) A school district may receive funding for a local student wellness program only if it includes or is otherwise coordinated with health education.(b) A school district or board of cooperative services may receive funding for a local student wellness program that includes physical education only if each person who teaches one or more physical education courses in the school district or for the board of cooperative services is licensed and endorsed pursuant to article 60.5 of this title in physical education; except that this requirement shall not apply to a school district that enrolls one thousand five hundred or fewer students.Amended by 2023 Ch. 25, § 3, eff. 8/7/2023.L. 90: Entire article R&RE, p. 1095, § 62, effective May 31. L. 94: (1) amended, p. 1261, § 4, effective May 22; (2) amended, p. 2738, § 368, effective July 1. L. 2008: Entire section amended, p. 1394, § 28, effective May 27; entire section amended, p. 674, § 5, effective August 5. L. 2010: (3) amended, (SB 10 -151), ch. 109, p. 364, § 1, effective July 1.(1) This section is similar to former § 22-25-107 as it existed prior to 1990.
(2) Amendments to this section by House Bill 08-1204 and House Bill 08-1224 were harmonized.
2023 Ch. 25, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the legislative declaration contained in the 1994 act amending subsection (2), see section 1 of chapter 345, Session Laws of Colorado 1994.