Section 22-54-103.3 - District total program - 2025-26 through 2029-30 budget years - definitions - repeal(1)(a) Notwithstanding any provision of law to the contrary, for the 2025-26 budget year through the 2029-30 budget year, the department of education shall determine each district's total program pursuant to this section. The district's total program is available to the district to fund the costs of providing public education, and, except as otherwise provided in section 22-54-105, the district has the discretion to determine the amounts and purposes for budgeting and expending its district total program money.(b) Notwithstanding subsection (1)(a) of this section to the contrary, if a district is an institute charter school's accounting district, then the district total program determination pursuant to this section also represents the institute charter school's financial base of support for public education, even though the institute charter school is not the district's school. The amount of the district's state share of total program that is withheld from the district and paid to the state charter school institute pursuant to section 22-54-115 (1.3) is not available to or under the control of the district but is available to and under the control of the institute charter school's governing board to fund the costs of providing public education to students enrolled in the institute charter school. The institute charter school has the discretion to determine the amounts and purposes for budgeting and expending its total program money.(c) As used in this section, "for the 2025-26 budget year through the 2029-30 budget year" means the 2025-26 budget year, the 2026-27 budget year, the 2027-28 budget year, the 2028-29 budget year, and the 2029-30 budget year.(2) For the 2025-26 budget year through the 2029-30 budget year, the department of education shall calculate each district's total program pursuant to sections 22-54-103.5 and 22-54-104.(3) For the 2025-26 budget year through the 2029-30 budget year, a district's total program is the greater of the district's total program calculation pursuant to section 22-54-104 plus one-half percent of the district's total program calculation pursuant to section 22-54-104, or: (a) For the 2025-26 budget year, the amount calculated pursuant to section 22-54-104 plus an amount equal to eighteen percent of the difference between the district's total program calculation pursuant to section 22-54-103.5 and the district's total program calculation pursuant to section 22-54-104;(b) For the 2026-27 budget year, the amount calculated pursuant to section 22-54-104 plus an amount equal to thirty-four percent of the difference between the district's total program calculation pursuant to section 22-54-103.5 and the district's total program calculation pursuant to section 22-54-104;(c) For the 2027-28 budget year, the amount calculated pursuant to section 22-54-104 plus an amount equal to fifty percent of the difference between the district's total program calculation pursuant to section 22-54-103.5 and the district's total program calculation pursuant to section 22-54-104;(d) For the 2028-29 budget year, the amount calculated pursuant to section 22-54-104 plus an amount equal to sixty-six percent of the difference between the district's total program calculation pursuant to section 22-54-103.5 and the district's total program calculation pursuant to section 22-54-104; and(e) For the 2029-30 budget year, the amount calculated pursuant to section 22-54-104 plus an amount equal to eighty-two percent of the difference between the district's total program calculation pursuant to section 22-54-103.5 and the district's total program calculation pursuant to section 22-54-104.(4) For the 2024-25 budget year through the 2029-30 budget year, the joint budget committee shall monitor the fiscal impact of the district total program determinations pursuant to this section and the fiscal impact of the transition to the total program formula pursuant to section 22-54-103.5. At a minimum, the joint budget committee shall consider immediate and forecasted economic conditions, the impact or trend of the statewide total local share of total program funding, the impact or trend of the state education fund, and any other data-driven considerations necessary to ensure the sustainable transition to and implementation of a new total program formula. The joint budget committee and the general assembly may take action necessary to ensure the sustainable transition to and implementation of a new total program formula. On or after January 1, 2025, when the department of education makes mid-year adjustments, the joint budget committee shall develop a sustainability plan that makes findings and recommendations regarding how the general assembly can fully fund total program determinations pursuant to sections 22-54-103.3 and 22-54-103.5. On or after January 1, 2026, and on or after January 1 each year thereafter, when the department of education makes mid-year adjustments, the joint budget committee shall review the sustainability plan and update it as necessary.(5)(a) As used in this subsection (5), unless the context otherwise requires: (I) "Assessment year" means a budget year when the latter half of the budget year occurs during an even-numbered calendar year.(II) "Inflation" means, for any budget year, the annual percentage change in the United States department of labor statistics consumer price index for Denver-Boulder, or its applicable successor index, for all items paid by all urban consumers for the calendar year before the applicable budget year.(III) "Non-assessment year" means a budget year when the latter half of the budget year occurs during an odd-numbered calendar year.(b)(I) Notwithstanding any provision of this article 54, for the 2024-25 budget year through the 2029-30 budget year, if the joint budget committee determines that any one of the conditions described in subsection (5)(c) of this section occurred: (A) For the next budget year, and for each budget year thereafter, the department of education shall calculate and determine each district's total program pursuant to the calculation and determination required for the budget year when the condition described in subsection (5)(c) of this section occurred; and(B) The joint budget committee shall promptly notify the speaker of the house of representatives; the president of the senate; the minority leaders of the house of representatives and the senate; the education committees of the house of representatives and the senate, or any successor committees; and the commissioner of the department of education that the condition described in subsection (5)(c) of this section occurred, and that each district's total program will be calculated and determined pursuant to subsection (5)(b)(I) of this section for the next budget year, and for each budget year thereafter.(II) Notwithstanding any provision of this article 54, during the 2024-25 budget year, if the joint budget committee determines that any one of the conditions described in subsection (5)(c) of this section occurred, for the 2025-26 budget year, the department of education shall calculate and determine each district's total program pursuant to the calculation and determination required pursuant to section 22-54-104.(c)(I) The requirements described in subsection (5)(b) of this section are initiated if: (A) In an assessment year, the percent change in the statewide total local share of total program funding for the current budget year to the statewide total local share of the total program funding for the prior budget year is an amount that is less than inflation minus two percent;(B) In a non-assessment year, the statewide total local share of total program funding for the current budget year compared to the statewide total local share of the total program funding for the prior budget year is an amount that decreased by two percent or more; or(C) In either an assessment year or a non-assessment year, the March revenue forecast relied on by the general assembly in setting the budget for the next state fiscal year estimates that the income tax diversion to the state education fund, as required pursuant to section 17 of article IX of the state constitution, will decrease by five percent or more in either the current budget year or the next budget year.(II) The requirements described in subsection (5)(b) of this section are initiated if any of the following estimate that the conditions described in subsection (5)(c)(I)(A) or (5)(c)(I)(B) of this section will occur: (A) Information concerning local share of total program funding relevant to this article 54 contained in a December revenue forecast prepared by the legislative council staff;(B) Information contained in the final fiscal note prepared by the legislative council staff concerning the estimated impact of an act of the general assembly that becomes law that reduces property taxes; or(C) Information contained in the fiscal impact statement in the ballot information booklet prepared by the director of research of the legislative council of the general assembly pursuant to section 1-40-124.5, concerning the estimated impact of an initiative or referred measure that is approved by the people and becomes law upon official declaration of the vote by the governor, that reduces property taxes.(6) This section is repealed, effective July 1, 2031.Added by 2024 Ch. 236,§ 6, eff. 5/23/2024.