BOCES - HVAC infrastructure improvements

22-5-123. BOCES - HVAC infrastructure improvements. On and after August 6, 2025, if a BOCES undertakes HVAC infrastructure improvements using money from the Infrastructure Investment and Jobs Act cash fund created in section 24-75-232 (3), the BOCES shall comply with the requirements described in section 22-32-153 in implementing the HVAC infrastructure improvements. Source: L. 2025: Entire section added, (HB 25-1245), ch. 400, p. 2270, � 3, effective August 6. Cross references: For the legislative declaration in HB 25-1245, see section 1 of chapter 400, Session Laws of Colorado 2025. ARTICLE 5.5 Regional Service Areas Act 22-5.5-101. Short title. This article shall be known and may be cited as the Regional Service Areas Act. Source: L. 2008: Entire article added, p. 1693, � 1, effective June 2. 22-5.5-102. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) Colorado should align its education system to maximize the state's limited resources in improving student achievement and closing the learning gap; (b) One of the most effective ways to align the state's education system and maximize resources is to expand the department of education's eight existing regional service areas to twelve regional service areas, and to include in the expansion process representation from community and local district colleges, technical colleges, state institutions of higher education, early childhood councils, and business and industry; (c) Colorado experimented with successful results with regional consortiums for professional development during 2000 and 2001 as a means to deliver professional development programs across school district lines in an efficient and effective manner; (d) Regions can serve as an efficient and effective link between the state, the department of education, boards of cooperative services, administrative units, school districts, state institutions of higher education, and business and industry to leverage and implement scarce resources for education reform initiatives at state, regional, and local levels; (e) A regional service area system would extend and expand service delivery in many areas, including but not limited to data centers, financial services, cooperative purchases, technological support, capital construction planning assistance, dropout prevention, early childhood and preschool programs, postsecondary partnerships and student transitions into postsecondary schools, professional development, curriculum and instructional expertise and support, and shared administration and services among school districts; (f) Funding for regional service areas should be consistent and sustainable over time; (g) School districts, boards of cooperative services, administrative units, community colleges, local district colleges, technical colleges, postsecondary institutions, early childhood councils, and representatives from business and industry located within the same geographic area should work collaboratively to develop a regional plan that meets the needs of participants in order to increase the effectiveness of a regional system. (2) The general assembly therefore declares that it is in the best interest of the state of Colorado and its citizens to assist in providing a thorough and uniform educational system by creating a system of regional service areas that utilizes existing relationships to provide programs and services beyond the boundaries of the current twenty-one boards of cooperative services, fifty-seven administrative units, and one hundred seventy-eight school districts. (3) The general assembly further finds and declares that, for purposes of section 17 of article IX of the state constitution, the establishment of twelve regional service areas which will effectively align the state's education system and maximize resources is a critical element of accountable education reform, accountable programs to meet state academic standards, expanding technology education, improving student safety, expanding the availability of preschool and kindergarten programs, and accountability reporting and, therefore, may receive funding from the state education fund created in section 17 (4) of article IX of the state constitution. Source: L. 2008: Entire article added, p. 1693, � 1, effective June 2. 22-5.5-103. Definitions. As used in this article 5.5, unless the context otherwise requires: (1) Administrative unit means a school district, a board of cooperative services, a charter school network, a charter school collaborative, or the state charter school institute, that is providing educational services to exceptional children. (2) Board means the board of education of a school district. (3) Board of cooperative services means a regional educational service unit created pursuant to article 5 of this title. (4) Department means the department of education created and existing pursuant to section 24-1-115, C.R.S. (5) Postsecondary institution means a community or technical college, a local district college, or a state-supported institution of higher education. (5.5) Pupil enrollment count day has the same meaning as set forth in section 22-54-103 (10.5). (6) Regional service area means one of twelve regional service areas created pursuant to section 22-5.5-104. (7) Regional service council means the governing body of a regional service area plan, which governing body is established pursuant to section 22-5.5-105. (8) School district means a school district existing pursuant to law. (9) State board means the state board of education created and existing pursuant to section 1 of article IX of the state constitution. Source: L. 2008: Entire article added, p. 1695, � 1, effective June 2. L. 2012: (5.5) added, (HB 12-1090), ch. 44, p. 150, � 4, effective March 22. L. 2022: IP and (1) amended, (HB 22-1294), ch. 242, p. 1795, � 13, effective August 10. 22-5.5-104. Regional service areas - creation - rules. (1) On or before December 1, 2008, the state board, in consultation with the department, school districts, and boards of cooperative services, shall divide the state into twelve regional service areas throughout the state. Each regional service area shall consist of at least two school districts and one or more boards of cooperative services. (2) The state board and the department shall consult with the department of higher education and the governor's office to establish the state's education initiatives, including priorities for preschool through postsecondary education. (3) On or before December 1, 2008, the state board shall promulgate rules for the development, expansion, implementation, and management of the regional service areas created pursuant to this article. Source: L. 2008: Entire article added, p. 1695, � 1, effective June 2. 22-5.5-105. Regional service areas - establishment - plan - governance. (1) (a) Following the creation of the twelve regional service areas by the state board pursuant to section 22-5.5-104, but on or before June 30, 2009, individuals in a regional service area may organize a regional service area. Participants in a regional service area may include, but need not be limited to, representatives from school districts, boards of cooperative services, administrative units, early childhood councils, postsecondary institutions, business and industry, other education agencies in the regional service area, teachers, and parents. A regional service area plan shall be governed by no more than one regional service council. (b) Participation by school districts or boards of cooperative services in a regional service area is voluntary. (2) (a) Each plan for a regional service area shall be administered by a locally appointed regional service council, representing the following entities within the regional service area and composed of a minimum of five members; except that a regional service council initially formed or reorganized on or after August 5, 2009, shall be composed of a minimum of six members as follows: (I) Each participating board of cooperative services shall appoint at least one council member. A board of cooperative services that has more than five member districts shall appoint an additional council member. The terms shall run coterminously with the council member's term on his or her board. (II) Each board of cooperative services superintendent advisory council within a regional service area shall appoint two superintendents or their designees to serve on the regional service council. A superintendent advisory council that has more than five members shall appoint an additional superintendent or his or her designee to the regional service council. The superintendents or their designees shall each represent a participating school district. (III) Each school district that chooses to participate in the regional service area and that is not a member of a board of cooperative services within the regional service area shall appoint one board member, superintendent, or designee to the regional service council. The terms shall run coterminously with the council member's term on his or her board, if applicable. (IV) The regional service council, within ninety days after its initial formation and each time the regional service council reorganizes thereafter, shall appoint one council member representing business and industry, one council member representing each existing early childhood council from within the regional service area, and, for a regional service council initially formed or reorganized on or after August 5, 2009, one council member who is a parent of a student enrolled in a public preschool, elementary, secondary, or postsecondary institution located within the regional service area. (V) Each four-year institution of higher education, each community college, and each technical college within the regional service area may appoint a trustee or advisory council member, or the president of the institution or his or her designee, to serve on the regional service council. (VI) The department of education regional manager for the regional service area and the executive director for any board of cooperative services in the regional service area shall serve as ex-officio, nonvoting members of the regional service council. (b) The regional service council shall have the authority to set terms of office, organize, have meetings, and accept moneys and shall be accountable for funding and programs. (3) To receive funding pursuant to section 22-5.5-106 (2) and (3), the regional service council on behalf of each regional service area shall submit a plan to the state board for approval on or before June 30, 2009. The plan shall address the needs of large and small school districts within the regional service area and focus on increasing effectiveness and efficiencies in providing education and services throughout the region. The plan shall include, at a minimum: (a) A list of representatives from various educational agencies and business and industry in the regional service area; (b) A description of how the regional service area intends to use and develop state, regional, and local expertise; (c) An outline of available funding sources, including local and regional contributions, federal moneys, and any available state resources; (d) A description of how the agencies within the regional service area will coordinate and collaborate to enhance effectiveness and efficiencies among and between regional service areas; (e) A strategy to address the needs of participating school districts within the regional service area; (f) A budget outlining projected expenditures by the regional service area; and (g) Accountability criteria associated with the plan, including but not limited to: (I) Evaluation of alignment with established state priorities; (II) Rationale for selection of priorities based upon regional needs assessment data; (III) Goals that are specific, measurable, achievable, and realistic, all within an established time frame; (IV) Specific outcomes demonstrated with effectiveness and efficiencies; (V) An evaluation process and criteria; and (VI) Budget alignment with priorities and activities. (4) (a) Each regional service council shall submit a plan developed pursuant to subsection (3) of this section to the state board for approval as a prerequisite to the receipt of state moneys pursuant to this article. (b) On or before August 1, 2009, the state board shall notify each regional service council that submitted a plan for a regional service area of its approval or rejection. Source: L. 2008: Entire article added, p. 1695, � 1, effective June 2. L. 2009: IP(2)(a) and (2)(a)(IV) amended, (SB 09-090), ch. 291, p. 1439, � 4, effective August 5. 22-5.5-106. Funding. (1) On or before June 30, 2009, a regional service council may apply to the state board on behalf of a regional service area for a one-time grant of up to ten thousand dollars for direct reimbursement of expenses related to the development of the plan for the regional service area. The state board shall provide an applying regional service council with the one-time grant for reimbursement of expenses related to the development of the plan no later than thirty days following the submission of the grant application. (2) If the plan for a regional service area is approved by the state board pursuant to section 22-5.5-105, on or after July 1, 2009, and annually thereafter, the state board shall award to the regional service area a grant of up to fifty thousand dollars, subject to available appropriations by the general assembly. If available moneys are insufficient to award each eligible regional service area a full fifty-thousand-dollar grant, the state board shall reduce proportionately all grant awards for eligible regional service areas for that year. A regional service council may choose not to accept funding on behalf of the regional service area if the prorated amount is insufficient to allow the regional service area to function effectively. (3) In addition to the grants described in subsections (1) and (2) of this section, on or after July 1, 2009, and annually thereafter, the department shall, subject to available appropriations, allocate to each eligible regional service area an amount equal to up to fifty cents per pupil based on the pupil enrollment for each school district in the regional service area as of the pupil enrollment count day of the previous year. (4) Funding for a regional service area after the first grant pursuant to this section is contingent upon the successful implementation of the regional service area's plan, as evaluated by the state board and the department. The state board shall annually notify each regional service council on or before September 1 regarding whether the regional service area will receive moneys pursuant to subsections (2) and (3) of this section in the coming year and the amounts. (5) A regional service council may use a maximum of ten percent of the amount annually received by the regional service area for grant management and fiscal oversight. For regions with a total pupil enrollment of less than fifteen thousand students, the regional service council may use up to twenty percent of the amount annually received by the regional service area for grant management and fiscal oversight. (6) Each regional service council that receives funding on behalf of a regional service area pursuant to subsections (2) and (3) of this section shall submit to the department a revised annual budget on or before March 1, 2010, and on or before March 1 each year thereafter. If a regional service council expects to exceed by more than ten percent the projected expenditures specified in the budget included in the original plan submitted to the state board pursuant to section 22-5.5-105, the regional service council shall seek prior approval for the expenditure from the department. (6.5) Each regional service council is authorized to seek and accept gifts, grants, or donations from private or public sources for the purposes of this article; except that a gift, grant, or donation shall not be accepted if the conditions attached to the gift, grant, or donation require its expenditure in a manner contrary to law. Any gifts, grants, or donations received by a regional service council shall be submitted directly to the board of cooperative services that is acting as the regional service council's fiscal agent pursuant to subsection (7) of this section. (7) Each regional service council shall select one board of cooperative services in the regional service area to act as its fiscal agent to receive the moneys from the state treasurer or any gifts, grants, or donations accepted pursuant to subsection (6.5) of this section. Source: L. 2008: Entire article added, p. 1698, � 1, effective June 2. L. 2010: (4) amended, (HB 10-1013), ch. 399, p. 1908, � 22, effective June 10. L. 2012: (3) amended, (HB 12-1090), ch. 44, p. 150, � 5, effective March 22. 22-5.5-107. Regional service areas - programs and services. (1) A regional service area may provide any of the following services and programs, including but not limited to: (a) Data and assessment centers; (b) Shared financial services among school districts and boards of cooperative services; (c) Cooperative purchases; (d) Technology infrastructure and support; (e) Distance, online learning, and other alternative learning opportunities for students; (f) Precollegiate programs, counseling, and dropout prevention; (g) Capital construction planning assistance; (h) Curriculum and instructional expertise and support; (i) Professional development for teachers and administrators; (j) Regional and state initiatives; (k) Shared administration and support services for school districts; (l) Early childhood and preschool programs; and (m) Postsecondary partnerships and services to support student transitions into postsecondary schools. Source: L. 2008: Entire article added, p. 1699, � 1, effective June 2. 22-5.5-108. Reporting requirements. On or before July 1 of the year following the approval of a regional service area's plan pursuant to section 22-5.5-105, and on or before January 1 each year thereafter, the regional service council shall submit a written report on behalf of the regional service area to the state board and the department summarizing its activities for the calendar year, especially those activities related to the measurable goals and objectives outlined in the plan, a summary of any efficiencies or improved effectiveness achieved at the district or regional level by the regional service area, and any proposed amendments to the plan originally submitted to the state board pursuant to this article. Source: L. 2008: Entire article added, p. 1700, � 1, effective June 2. ARTICLE 6 Comprehensive Educational Planning 22-6-101 to 22-6-113. (Repealed) Source: L. 84: Entire article repealed, p. 584, � 1, effective March 19. Editor's note: This article was numbered as article 43 of chapter 123 in C.R.S. 1963. For amendments to this article prior to its repeal in 1984, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. ARTICLE 7 Educational Accountability Editor's note: This article was numbered as article 41 of chapter 123 in C.R.S. 1963. This article was amended with relocations in 1997, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1997, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. PART 1 LOCAL ACCOUNTABILITY PROGRAMS 22-7-101 to 22-7-107. (Repealed) Source: L. 2009: Entire part repealed, (SB 09-163), ch. 293, p. 1525, � 5, effective May 21. Editor's note: This article was amended with relocations in 1997, and this part 1 was subsequently repealed in 2009. For amendments to this part 1 prior to its repeal in 2009, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume and the editor's note following the article heading. PART 2 EDUCATIONAL ACHIEVEMENT 22-7-201 to 22-7-207. (Repealed) Source: L. 2009: Entire part repealed, (SB 09-163), ch. 293, p. 1525, � 5, effective May 21. Editor's note: This article was amended with relocations in 1997, and this part 2 was subsequently repealed in 2009. For amendments to this part 2 prior to its repeal in 2009, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume and the editor's note following the article heading. PART 3 COLORADO STATE ADVISORY COUNCIL FOR PARENT INVOLVEMENT IN EDUCATION Editor's note: This article was amended with relocations in 1997, and this part 3 was repealed in 1997 and subsequently recreated and reenacted in 2009, resulting in the addition, relocation, and elimination of sections as well as subject matter. For additional historical information concerning this article, see the editor's note following the article heading.