Section 22-54-126 - Declining enrollment districts with new charter schools - additional aid - definitions(1) As used in this section, unless the context otherwise requires: (a)(II) "Declining enrollment district" means, for the 2023-24 budget year and budget years thereafter, a district whose funded pupil count is greater than the sum of the district's pupil enrollment and online pupil enrollment.(b) "New charter school enrollment" means the number of pupils enrolled in a new district charter school of a declining enrollment district on the pupil enrollment count day in the budget year in which the new district charter school is opened in the declining enrollment district minus the number of pupils enrolled as of that date in an online program or an online school who are also enrolled in the new district charter school of the declining enrollment district.(c) "Pupil enrollment count day" has the same meaning as set forth in section 22-54-103 (10.5).(2) Beginning in the 2006-07 budget year, in any budget year in which a new district charter school is opened in a declining enrollment district, the declining enrollment district shall receive additional aid as specified in this section to help mitigate the impact of the enrollment of pupils in the new district charter school who might otherwise have attended a traditional school in the declining enrollment district. The additional aid shall be available only for the first year of operation of a new district charter school in a declining enrollment district.(3) For the 2006-07 budget year and each budget year thereafter, the general assembly shall annually appropriate moneys from the general fund or any other source for additional aid to a declining enrollment district in which a new charter school is opened. The additional aid shall be distributed to all declining enrollment districts in which new charter schools are opened in the budget year for which the aid is appropriated. The additional aid shall be distributed among the declining enrollment districts in which new charter schools are opened in the proportion that the declining enrollment district's new charter school enrollment bears to the total new charter school enrollment in all declining enrollment districts statewide in which new charter schools are opened in the budget year for which the additional aid is appropriated; except that for the 2007-08 budget year and budget years thereafter, a declining enrollment district shall not receive more than three hundred thousand dollars of additional aid pursuant to this section.Amended by 2022 Ch. 123, § 14, eff. 7/1/2022.L. 2006: Entire section added, p. 682, § 24, effective April 28. L. 2007: (3) amended, p. 736, § 7, effective May 9. L. 2009: (1)(a) amended, (SB 09 -292), ch. 369, p. 1965, § 66, effective August 5. L. 2012: (1)(b) amended and (1)(c) added, (HB 12-1090), ch. 44, p. 157, § 21, effective March 22; (1)(b) amended, (HB 12-1240), ch. 258, p. 1331, § 47, effective June 4.(1) Amendments to subsection (1)(b) by House Bill 12-1090 and House Bill 12-1240 were harmonized.
(2) Subsection (1)(a)(I)(B) provided for the repeal of subsection (1)(a)(I), effective July 1, 2023. (See L. 2022, p. 782.)