Emergency Justification
The basis for these rules is to establish procedures related to counting of pupils and payments of funding related to publicly placed pupils in eligible facilities. These changes to the rules are imperatively necessary due to legislation enacted through HB08-1204, HB08-1388 and HB09-1189.  Effective upon the signing of HB09-1189, signed into law on April 3, 2009, the State Board was required to amend existing rules due to changes in legislation.  The rules establish regulations and procedures regarding out-of district-placed pupils and the payment of state average per-pupil revenue to approved facility schools and state programs.  The changes set forth below conform the rules to new legislation, and also make necessary modifications based on the recommendations of the Office of Legislative Legal Council’s review of the rules approved by the State Board in November 2008. Additionally, the facility schools unit will be adopting rules related to the oversight of approved facility schools allowing the school finance rules to cover only areas related to payment towards educational programs.  Sections 14.00 through 20.00 of the Rules of the Administration of the Public School Finance Act of 1994 have been modified.  
Immediate adoption of emergency rules is necessary to comply with the Article 54 under Title 22, C.R.S. and the Article 2 under Title 22, C.R.S, to allow approved facilities and state programs to be paid state average per pupil revenue beginning in July 2009 for FY2009-10.  The rules could not be drafted or proposed for board approval until the legislation became law.