A Bill for an Act
Page 1, Line 101Concerning the financing of public schools, and, in
Page 1, Line 102connection therewith, making and reducing an
Page 1, Line 103appropriation.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
Under current law, there are 2 total program formulas to finance public schools. Absent the satisfaction of a statutorily specified condition, the first formula is scheduled to stop determining total program after the 2024-25 budget year (expiring formula), and the second formula is scheduled to determine total program beginning in the 2030-31 budget year (new formula). For the 2025-26 budget year through the 2029-30 budget year (transition period), total program is scheduled to be determined by using figures that were calculated under both the expiring formula and the new formula.
The bill:
- Extends the transition period by one year, so that it is from the 2025-26 budget year through the 2030-31 budget year; and
- Postpones the exclusive use of the new formula to determine total program until the 2031-32 budget year.
- For the 2027-28 budget year, the amount calculated under the expiring formula plus an amount equal to 45% of the difference between the amounts calculated under the new formula and the expiring formula;
- For the 2028-29 budget year, the amount calculated under the expiring formula plus an amount equal to 60% of the difference between the amounts calculated under the new formula and the expiring formula;
- For the 2029-30 budget year, the amount calculated under the expiring formula plus an amount equal to 75% of the difference between the amounts calculated under the new formula and the expiring formula; and
- For the 2030-31 budget year, the amount calculated under the expiring formula plus an amount equal to 90% of the difference between the amounts calculated under the new formula and the expiring formula.
- For the 2025-26 budget year, a school district's funded pupil count is calculated by determining the greater of the school district's pupil enrollment for the applicable budget year or the average of the school district's pupil enrollment for the applicable budget year and the immediately preceding 3 budget years; and
- For the 2026-27 budget year and each budget year thereafter, a school district's funded pupil count is calculated by determining the greater of the school district's pupil enrollment for the applicable budget year or the average of the district's pupil enrollment for the applicable budget year and the immediately preceding 2 budget years.
- If a statutorily specified condition is satisfied, and consequently for the 2026-27 budget year, a district's total program is not determined as scheduled under the transition period, then for the 2026-27 budget year, and each budget year thereafter, funded pupil count will continue to be determined by the greater of the school district's pupil enrollment for the applicable budget year or the average of the school district's pupil enrollment for the applicable budget year and the immediately preceding 3 budget years; and
- If, for the 2027-28 budget year, the state education fund balance is projected to be less than $200 million, then the general assembly is required to implement a smoothing factor or the funded pupil count will be determined by the greater of the school district's pupil enrollment for the applicable budget year or the average of the school district's pupil enrollment for the applicable budget year and the immediately preceding budget year for the 2027-28 budget year and each budget year thereafter.
- Increases the statewide base per pupil funding for the 2025-26 budget year by $195.42 to account for inflation;
- Sets a new statewide base per pupil funding amount for the 2025-26 budget year at $8,691.80; and
- Sets the total program funding for the 2025-26 budget year for all school districts and institute charter schools to at least $10,035,615,917.80.
The bill changes how each school district's and institute charter school's annual total program is determined during the transition period. For the 2025-26 and 2026-27 budget years, each school district's and institute charter school's annual total program is the greater of the school district's or institute charter school's total program for the 2024-25 budget year or the amount calculated under the expiring formula plus an amount equal to 15% in 2025-26 and 30% in 2026-27 of the difference between the amounts calculated under the new formula and the expiring formula. For the 2027-28 budget year through the 2030-31 budget year, each school district's and institute charter school's annual total program is the greater of the district's or institute charter school's calculation under the expiring formula plus 1% of that calculation, or:
Under current law, there are specified conditions that apply to the transition period. If the joint budget committee determines that a specified condition occurs in a budget year during the transition period, then for the next budget year and each budget year thereafter, the transition is suspended, and each school district's total program is determined pursuant to the calculation and determination required for the budget year when the condition occurred. For one of the existing conditions, the bill specifies that an income tax deposit to the state education fund that was made to correct an error does not count toward determining whether the condition has been satisfied.
A school district's funded pupil count is a figure that is used as a part of determining a school district's total program. Under the expiring formula, a school district's funded pupil count is calculated by determining the greater of the school district's pupil enrollment for the applicable budget year or the average of the school district's pupil enrollment for the applicable budget year and the immediately preceding 4 budget years. Under current law, the new formula calculates a school district's funded pupil count by determining the greater of the school district's pupil enrollment for the applicable budget year or the average of the school district's pupil enrollment for the applicable budget year and the immediately preceding 3 budget years.
The bill changes the new formula so that:
However:
The bill changes the expiring formula so that starting in the 2027-28 budget year, the funded pupil count used in the expiring formula is the same funded pupil count that is used in the new formula to determine a district's total program during the transition period.
The bill determines total program for the 2025-26 budget year using the formula changes in the bill. The bill:
Under current law, a new at-risk measure is required to be implemented in the 2025-26 budget year. The bill postpones the implementation of this requirement to the 2026-27 budget year.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
Page 4, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 4, Line 2SECTION 1. Legislative declaration. (1) The general assembly finds and declares that:
Page 4, Line 3(a) The state of Colorado is committed to ensuring that every
Page 4, Line 4child, regardless of their socioeconomic background, geographic location,
Page 4, Line 5or individual needs has access to a high-quality public education. In order
Page 4, Line 6to achieve this, the state must distribute state and local funding through
Page 4, Line 7a school finance system that is student-centered, equitable, and sustainable.
Page 4, Line 8(b) The general assembly reaffirms its commitment to upholding
Page 4, Line 9the Colorado Constitution's mandate for a thorough and uniform system
Page 4, Line 10of public education and to providing every child with the opportunity to
Page 4, Line 11receive an adequate education. Furthermore, the general assembly
Page 4, Line 12acknowledges the importance of continuing the increases in funding for
Page 4, Line 13public education mandated by section 17 of article IX of the Colorado
Page 5, Line 1Constitution, which ensures year-over-year adjustments to account for
Page 5, Line 2inflationary pressures. If the general assembly is unable to fulfill this
Page 5, Line 3obligation mandated by section 17 of article IX of the Colorado
Page 5, Line 4Constitution, then a group will be formed to address the issue of how to
Page 5, Line 5accurately track a potential shortfall to public education funding in the
Page 5, Line 6future. This commitment is fundamental to the long-term prosperity and well-being of Colorado's future workforce and economy.
Page 5, Line 7(c) The new school finance formula, established by the general
Page 5, Line 8assembly to begin in the 2025-26 school year, is designed to prioritize
Page 5, Line 9students and equity by directing resources where they are most needed,
Page 5, Line 10particularly toward students who face greater challenges in their academic
Page 5, Line 11success, including those living in poverty, learning English, and who have
Page 5, Line 12special needs. The formula recognizes the diverse needs of Colorado
Page 5, Line 13students, including those who live in small, rural, and remote school
Page 5, Line 14districts, who may require additional resources to overcome geographic,
Page 5, Line 15economic, and logistical barriers to providing a world-class public education.
Page 5, Line 16(2) Therefore, it is the intent of the general assembly that this new
Page 5, Line 17school finance formula is implemented in a manner that is responsive to
Page 5, Line 18the needs of all students and school districts in Colorado while
Page 5, Line 19maintaining the long-term financial health of the state education fund and ensuring continued funding stability for future generations of students.
Page 5, Line 20SECTION 2. In Colorado Revised Statutes, add 22-30.5-112.4 as follows:
Page 5, Line 2122-30.5-112.4. Charter school alignment with total program
Page 5, Line 22formula. (1) To ensure the general assembly's continued
Page 5, Line 23commitment to implementing the new school finance formula,
Page 6, Line 1the general assembly shall consult a statewide association
Page 6, Line 2that represents school districts and a statewide association
Page 6, Line 3that represents charter schools regarding the alignment of
Page 6, Line 4charter schools into the implementation of the new school
Page 6, Line 5finance formula. The consultation must include and consider
Page 6, Line 6the opinions of district charter schools, institute charter
Page 6, Line 7schools, and superintendents and chief financial officers of
Page 6, Line 8small rural school districts, rural school districts, and suburban school districts.
Page 6, Line 9SECTION 3. In Colorado Revised Statutes, 22-30.5-112.2, amend (2)(a) and (3); and add (2)(c) and (5) as follows:
Page 6, Line 1022-30.5-112.2. Charter schools - at-risk supplemental aid -
Page 6, Line 11definitions - legislative declaration - repeal. (2) (a) For the 2012-13
Page 6, Line 12budget year
and each budget year thereafter through the 2024-25Page 6, Line 13budget year, the general assembly shall appropriate to the department
Page 6, Line 14of education for allocation to school districts the amount calculated for
Page 6, Line 15at-risk supplemental aid for those school districts and district charter
Page 6, Line 16schools described in
paragraph (b) of this subsection (2) subsectionPage 6, Line 17(2)(b) of this section. For the 2025-26 budget year and the 2026-27
Page 6, Line 18budget year, the general assembly shall appropriate to the
Page 6, Line 19department of education for allocation to school districts the
Page 6, Line 20amount determined for supplemental aid for those school
Page 6, Line 21districts and district charter schools described in subsection
Page 6, Line 22(2)(c) of this section. The at-risk supplemental aid is additional funding and does not supplant any other funding provided pursuant to this article.
Page 6, Line 23(c) For the 2025-26 budget year, each school district and
Page 6, Line 24district charter school's at-risk supplemental aid is the same
Page 7, Line 1amount that it received in the 2024-25 budget year. For the
Page 7, Line 22026-27 budget year, each school district and district charter
Page 7, Line 3school's at-risk supplemental aid is fifty percent of the amount that it received in the 2024-25 budget year.
Page 7, Line 4(3) If the appropriation to the department of education is
Page 7, Line 5insufficient to fund
one hundred percent of the at-risk supplemental aidPage 7, Line 6
calculated pursuant to paragraph (b) of subsection (2) determinedPage 7, Line 7pursuant to subsection (2) of this section, the department of education
Page 7, Line 8shall reduce each school district's and each district charter school's at-risk supplemental aid proportionately.
Page 7, Line 9(5) This section is repealed, effective July 1, 2028.
Page 7, Line 10SECTION 4. In Colorado Revised Statutes, 22-30.5-513, amend (4.5)(a) and (4.5)(d); and add (4.5)(b.5) and (4.5)(e) as follows:
Page 7, Line 1122-30.5-513. Institute charter schools - funding - at-risk
Page 7, Line 12supplemental aid - legislative declaration - definitions - repeal.
Page 7, Line 13(4.5) (a) For the 2012-13 budget year
and each budget year thereafterPage 7, Line 14through the 2024-25 budget year, the general assembly shall
Page 7, Line 15appropriate to the charter school institute the amount calculated for at-risk
Page 7, Line 16supplemental aid pursuant to
paragraph (b) of this subsection (4.5)Page 7, Line 17subsection (4.5)(b) of this section for each institute charter school
Page 7, Line 18whose percentage of at-risk pupils is less than the percentage of at-risk
Page 7, Line 19pupils in the accounting district. For the 2025-26 budget year and the
Page 7, Line 202026-27 budget year, the general assembly shall appropriate to
Page 7, Line 21the charter school institute for allocation to institute charter
Page 7, Line 22schools the amount described in subsection (4.5)(b.5) of this
Page 7, Line 23section. At-risk supplemental aid is additional funding and does not
Page 7, Line 24supplant any other funding allocated pursuant to this section. The charter
Page 8, Line 1school institute shall pass through one hundred percent of an institute charter school's at-risk supplemental aid to the institute charter school.
Page 8, Line 2(b.5) For the 2025-26 budget year, each institute charter
Page 8, Line 3school's at-risk supplemental aid is the same amount that it
Page 8, Line 4received in the 2024-25 budget year. For the 2026-27 budget year,
Page 8, Line 5each institute charter school's at-risk supplemental aid is fifty
Page 8, Line 6percent of the amount that it received in the 2024-25 budget year.
Page 8, Line 7(d) If the appropriation to the charter school institute is
Page 8, Line 8insufficient to fund
one hundred percent of the at-risk supplemental aidPage 8, Line 9
calculated determined pursuant to this subsection (4.5), the charterPage 8, Line 10school institute shall reduce each institute charter school's at-risk supplemental aid proportionately.
Page 8, Line 11(e) This subsection (4.5) is repealed, effective July 1, 2028.
SECTION 5. In Colorado Revised Statutes, repeal 22-54-136.
Page 8, Line 12SECTION 6. In Colorado Revised Statutes, 22-30.5-408, amend (2)(a) as follows:
Page 8, Line 1322-30.5-408. Replenishment of qualified charter school debt
Page 8, Line 14service reserve funds - additional responsibilities - state treasurer -
Page 8, Line 15qualified charter schools - definitions. (2) (a) If the Colorado
Page 8, Line 16educational and cultural facilities authority has issued qualified charter
Page 8, Line 17school bonds on behalf of
any a qualified charter school that failsPage 8, Line 18immediately to restore its qualified charter school debt service reserve
Page 8, Line 19fund to the applicable qualified charter school debt service reserve fund
Page 8, Line 20requirement, the board of directors of the authority shall submit to the
Page 8, Line 21governor a certificate certifying
any the amount of money required toPage 8, Line 22restore the qualified charter school debt service reserve fund to the
Page 9, Line 1applicable qualified charter school debt service reserve fund requirement.
Page 9, Line 2The governor shall submit a request for appropriations in an amount
Page 9, Line 3sufficient to restore any or all qualified charter school debt reserve funds
Page 9, Line 4to their respective qualified charter school debt service reserve fund
Page 9, Line 5requirements, and the general assembly may, but is not required to,
Page 9, Line 6appropriate money for
said that purpose. If, in its sole discretion, thePage 9, Line 7general assembly appropriates any money for
said that purpose, thePage 9, Line 8aggregate outstanding principal amount of bonds for which money may
Page 9, Line 9be appropriated for
said that purpose must not exceedseven hundred fifty million one billion dollars.Page 9, Line 10SECTION 7. In Colorado Revised Statutes, 22-54-103, add (1.5)(e) as follows:
Page 9, Line 1122-54-103. Definitions. As used in this article 54, unless the context otherwise requires:
Page 9, Line 12(1.5) (e) For purposes of this subsection (1.5), a pupil's
Page 9, Line 13eligibility for free or reduced-price lunch may be demonstrated
Page 9, Line 14by any means, including identification through an application
Page 9, Line 15for free or reduced-price lunch pursuant to the federal
Page 9, Line 16"Richard B. Russell National School Lunch Act", 42 U.S.C. sec.
Page 9, Line 171751 et seq. or Colorado's participation in the demonstration
Page 9, Line 18project operated pursuant to 42 U.S.C. sec. 1758 (b)(15) for direct certification for children receiving benefits through medicaid.
Page 9, Line 19SECTION 8. In Colorado Revised Statutes, 22-54-103.2, amend (2)(a) and (2)(b) as follows:
Page 9, Line 2022-54-103.2. District total program formula report. (2) In its
Page 9, Line 21report described pursuant to subsection (1) of this section, the department
Page 9, Line 22of education shall report, at a minimum, data demonstrating:
Page 10, Line 1(a) The successes and challenges of determining a district's total
Page 10, Line 2program pursuant to section 22-54-103.3 for reports concerning the
Page 10, Line 32025-26 budget year through the
2029-30 2030-31 budget year, and thePage 10, Line 4successes and challenges of determining a district's total program
Page 10, Line 5pursuant to section 22-54-103.5 for reports concerning the
2030-31 2031-32 budget year and each budget year thereafter;Page 10, Line 6(b) How district total program, determined pursuant to section
Page 10, Line 722-54-103.3 for reports concerning the 2025-26 budget year through the
Page 10, Line 8
2029-30 2030-31 budget year and determined pursuant to sectionPage 10, Line 922-54-103.5 for reports concerning the
2030-31 2031-32 budget year andPage 10, Line 10each budget year thereafter, is being used at the school level, including
Page 10, Line 11traditional public schools, district charter schools, and institute charter
Page 10, Line 12schools, and information currently reported by the department of education in district performance snapshots; and
Page 10, Line 13SECTION 9. In Colorado Revised Statutes, 22-54-103.3, amend
Page 10, Line 14(1)(a), (1)(c), (2), (3), (4), (5)(b)(I) introductory portion, (5)(c)(I)(C), and (6) as follows:
Page 10, Line 1522-54-103.3. District total program - 2025-26 through 2030-31
Page 10, Line 16budget years - definitions - repeal. (1) (a) Notwithstanding any
Page 10, Line 17provision of law to the contrary, for the 2025-26 budget year through the
Page 10, Line 18
2029-30 2030-31 budget year, the department of education shallPage 10, Line 19determine each district's total program pursuant to this section. The
Page 10, Line 20district's total program is available to the district to fund the costs of
Page 10, Line 21providing public education, and, except as otherwise provided in section
Page 10, Line 2222-54-105, the district has the discretion to determine the amounts and purposes for budgeting and expending its district total program money.
Page 10, Line 23(c) As used in this section, "for the 2025-26 budget year through
Page 11, Line 1the
2029-30 2030-31 budget year" means the 2025-26 budget year, thePage 11, Line 22026-27 budget year, the 2027-28 budget year, the 2028-29 budget year,
and the 2029-30 budget year, and the 2030-31 budget year.Page 11, Line 3(2) For the 2025-26 budget year through the
2029-30 2030-31Page 11, Line 4budget year, the department of education shall calculate each district's total program pursuant to sections 22-54-103.5 and 22-54-104.
Page 11, Line 5(3) (a) For the 2025-26 budget year,
through the 2029-30 budgetPage 11, Line 6
year a district's total program is the greater of the district's total programPage 11, Line 7
calculation pursuant to section 22-54-104 plus one-half percent of thePage 11, Line 8
district's total program calculation pursuant to section 22-54-104; orPage 11, Line 9determination for the 2024-25 budget year plus one-half
Page 11, Line 10percent, or the amount calculated pursuant to section 22-54-104
Page 11, Line 11plus an amount equal to fifteen percent of the difference
Page 11, Line 12between the district's total program calculation pursuant to
Page 11, Line 13section 22-54-103.5 and the district's total program calculation pursuant to section 22-54-104.
Page 11, Line 14
(a) For the 2025-26 budget year, the amount calculated pursuantPage 11, Line 15
to section 22-54-104 plus an amount equal to eighteen percent of thePage 11, Line 16
difference between the district's total program calculation pursuant toPage 11, Line 17
section 22-54-103.5 and the district's total program calculation pursuant to section 22-54-104;Page 11, Line 18(b)
For the 2026-27 budget year, the amount calculated pursuantPage 11, Line 19
to section 22-54-104 plus an amount equal to thirty-four percent of thePage 11, Line 20
difference between the district's total program calculation pursuant toPage 11, Line 21
section 22-54-103.5 and the district's total program calculation pursuantPage 11, Line 22
to section 22-54-104 For the 2026-27 budget year, a district's totalPage 11, Line 23program is the greater of the district's total program
Page 12, Line 1determination for the 2024-25 budget year plus one-half
Page 12, Line 2percent, or the amount calculated pursuant to section 22-54-104
Page 12, Line 3plus an amount equal to thirty percent of the difference
Page 12, Line 4between the district's total program calculation pursuant to
Page 12, Line 5section 22-54-103.5 and the district's total program calculation pursuant to section 22-54-104.
Page 12, Line 6(c) For the 2027-28 budget year through the 2030-31 budget
Page 12, Line 7year,
the amount calculated pursuant to section 22-54-104 plus anPage 12, Line 8
amount equal to fifty percent of the difference between the district's totalPage 12, Line 9
program calculation pursuant to section 22-54-103.5 and the district'sPage 12, Line 10
total program calculation pursuant to section 22-54-104 a district'sPage 12, Line 11total program is the greater of the district's total program
Page 12, Line 12calculation pursuant to section 22-54-104 plus one percent of
Page 12, Line 13the district's total program calculation pursuant to section 22-54-104, or:
Page 12, Line 14
(c) (I) For the 2027-28 budget year, the amount calculatedPage 12, Line 15pursuant to section 22-54-104 plus an amount equal to
fifty forty-fivePage 12, Line 16percent of the difference between the district's total program calculation
Page 12, Line 17pursuant to section 22-54-103.5 and the district's total program calculation pursuant to section 22-54-104;
Page 12, Line 18
(d) (II) For the 2028-29 budget year, the amount calculatedPage 12, Line 19pursuant to section 22-54-104 plus an amount equal to
sixty-six sixtyPage 12, Line 20percent of the difference between the district's total program calculation
Page 12, Line 21pursuant to section 22-54-103.5 and the district's total program calculation pursuant to section 22-54-104;
andPage 12, Line 22
(e) (III) For the 2029-30 budget year, the amount calculatedPage 12, Line 23pursuant to section 22-54-104 plus an amount equal to
eighty-twoPage 13, Line 1seventy-five percent of the difference between the district's total
Page 13, Line 2program calculation pursuant to section 22-54-103.5 and the district's total program calculation pursuant to section 22-54-104; and
Page 13, Line 3(IV) For the 2030-31 budget year, the amount calculated
Page 13, Line 4pursuant to section 22-54-104 plus an amount equal to ninety
Page 13, Line 5percent of the difference between the district's total program
Page 13, Line 6calculation pursuant to section 22-54-103.5 and the district's total program calculation pursuant to section 22-54-104.
Page 13, Line 7(4) For the 2024-25 budget year through the
2029-30 2030-31Page 13, Line 8budget year, the joint budget committee shall monitor the fiscal impact of
Page 13, Line 9the district total program determinations pursuant to this section and the
Page 13, Line 10fiscal impact of the transition to the total program formula pursuant to
Page 13, Line 11section 22-54-103.5. At a minimum, the joint budget committee shall
Page 13, Line 12consider immediate and forecasted economic conditions, the impact or
Page 13, Line 13trend of the statewide total local share of total program funding, the
Page 13, Line 14impact or trend of the state education fund, and any other data-driven
Page 13, Line 15considerations necessary to ensure the sustainable transition to and
Page 13, Line 16implementation of a new total program formula. The joint budget
Page 13, Line 17committee and the general assembly may take action necessary to ensure
Page 13, Line 18the sustainable transition to and implementation of a new total program
Page 13, Line 19formula. On or after January 1, 2025, when the department of education
Page 13, Line 20makes mid-year adjustments, the joint budget committee shall develop a
Page 13, Line 21sustainability plan that makes findings and recommendations regarding
Page 13, Line 22how the general assembly can fully fund total program determinations
Page 13, Line 23pursuant to sections 22-54-103.3 and 22-54-103.5. On or after January 1,
Page 13, Line 242026, and on or after January 1 each year thereafter, when the department
Page 13, Line 25of education makes mid-year adjustments, the joint budget committee shall review the sustainability plan and update it as necessary.
Page 14, Line 1(5) (b) (I) Notwithstanding any provision of this article 54, for the
Page 14, Line 22024-25 budget year through the
2029-30 2030-31 budget year, if thePage 14, Line 3joint budget committee determines that any one of the conditions described in subsection (5)(c) of this section occurred:
Page 14, Line 4(c) (I) The requirements described in subsection (5)(b) of this section are initiated if:
Page 14, Line 5(C) In either an assessment year or a non-assessment year, the
Page 14, Line 6March revenue forecast relied on by the general assembly in setting the
Page 14, Line 7budget for the next state fiscal year estimates that the income tax
Page 14, Line 8
diversion deposit to the state education fund, as required pursuant toPage 14, Line 9section 17 of article IX of the state constitution, will decrease by five
Page 14, Line 10percent or more in either the current budget year or the next budget year.
Page 14, Line 11If the joint budget committee determines based on forecast
Page 14, Line 12estimates, as described in this subsection (5)(c)(I)(C), that the
Page 14, Line 13income tax deposit to the state education fund will decrease by
Page 14, Line 14five percent or more in either the current budget year or the
Page 14, Line 15next budget year as a result of a correction to an error in the
Page 14, Line 16total amount of state education fund revenues deposited as set
Page 14, Line 17forth in section 22-55-103 (2), then this subsection (5)(c)(I)(C)
Page 14, Line 18does not initiate the requirements of subsection (5)(b) of this section.
Page 14, Line 19(6) This section is repealed, effective
July 1, 2031 July 1, 2032.Page 14, Line 20SECTION 10. In Colorado Revised Statutes, add 22-54-103.4 as follows:
Page 14, Line 2122-54-103.4. Kids matter fund - definition. (1) As used in this
Page 14, Line 22section, unless the context otherwise requires, "fund" means the kids matter fund created in subsection (2) of this section.
Page 15, Line 1(2) (a) (I) The kids matter fund is created in the state
Page 15, Line 2treasury. Beginning July 1, 2026, all state revenues collected
Page 15, Line 3from an existing tax on three-fourths of one-tenth of one
Page 15, Line 4percent on federal taxable income, as modified by law, of every
Page 15, Line 5individual, estate, trust, and corporation, as defined in law, as
Page 15, Line 6calculated pursuant to subsection (2)(b) of this section, must be deposited in the fund by the state treasurer.
Page 15, Line 7(II) The fund consists of money deposited into the fund
Page 15, Line 8pursuant to subsection (2)(a)(I) of this section; any money
Page 15, Line 9appropriated to the fund by the general assembly; and any gifts,
Page 15, Line 10grants, or donations from any public or private sources that the department of education is authorized to seek and accept.
Page 15, Line 11(III) Any money not expended or encumbered, and all
Page 15, Line 12interest earned on the investment or deposit of money in the
Page 15, Line 13fund, remains in the fund and does not revert to the general fund or any other fund at the end of any state fiscal year.
Page 15, Line 14(b) (I) For the 2026-27 state fiscal year, and each state
Page 15, Line 15fiscal year thereafter, the legislative council staff, in
Page 15, Line 16consultation with the office of state planning and budgeting,
Page 15, Line 17shall calculate the amount of revenues to be deposited in the
Page 15, Line 18fund. The legislative council staff and the office of state
Page 15, Line 19planning and budgeting shall rely on the quarterly state
Page 15, Line 20revenue estimates issued by the legislative council staff in
Page 15, Line 21calculating the amounts and shall update the calculations not
Page 15, Line 22later than five days after the issuance of each quarterly state
Page 15, Line 23revenue estimate.
Page 16, Line 1(II) To ensure that all fund revenues are transferred to
Page 16, Line 2the fund and that other state revenues are not erroneously transferred to the fund:
Page 16, Line 3(A) No later than two days after calculating or
Page 16, Line 4recalculating the amount of fund revenues for the applicable
Page 16, Line 5state fiscal year, the legislative council staff, in consultation
Page 16, Line 6with the office of state planning and budgeting, shall certify to
Page 16, Line 7the department of revenue the amount of fund revenues that
Page 16, Line 8the department of revenue shall transfer to the state
Page 16, Line 9treasurer for deposit into the fund on the first business day of
Page 16, Line 10each of the three succeeding calendar months as required by subsection (2)(b)(III) of this section;
Page 16, Line 11(B) Notwithstanding subsection (2)(b)(II)(A) of this
Page 16, Line 12section, no later than May 25, 2027, and no later than May 25 of
Page 16, Line 13each state fiscal year thereafter, the legislative council staff,
Page 16, Line 14in consultation with the office of state planning and budgeting,
Page 16, Line 15may certify to the department of revenue an adjusted amount
Page 16, Line 16for any transfer to be made on the first business day of the immediately succeeding June; and
Page 16, Line 17(C) Subject to review by the state auditor, the legislative
Page 16, Line 18council staff, in consultation with the office of state planning
Page 16, Line 19and budgeting, may correct any error in the total amount of
Page 16, Line 20revenues transferred during any state fiscal year by adjusting
Page 16, Line 21the amount of any transfer to be made during the next state fiscal year.
Page 16, Line 22(III) Beginning on July 1, 2026, and on the first business
Page 16, Line 23day of each calendar month after July 1, 2026, the department
Page 17, Line 1of revenue shall transfer to the state treasurer for deposit
Page 17, Line 2into the fund revenues in an amount certified to the department
Page 17, Line 3of revenue by the legislative council staff, in consultation with
Page 17, Line 4the office of state planning and budgeting, pursuant to subsections (2)(b)(II)(A) and (2)(b)(II)(B) of this section.
Page 17, Line 5(c) (I) For the 2026-27 state fiscal year through the
Page 17, Line 62029-30 state fiscal years, the money in the fund is subject to
Page 17, Line 7annual appropriation by the general assembly to the
Page 17, Line 8department of education only for the purposes of funding the
Page 17, Line 9state's share of district total program as determined pursuant to section 22-54-103.3.
Page 17, Line 10(II) For the 2030-31 state fiscal year and each state fiscal
Page 17, Line 11year thereafter, the money in the fund is subject to annual
Page 17, Line 12appropriation by the general assembly to the department of education only for the purpose of funding:
Page 17, Line 13(A) Statewide base per pupil funding; and
Page 17, Line 14(B) Total state funding for all categorical programs, as defined pursuant to section 22-55-102.
Page 17, Line 15SECTION 11. In Colorado Revised Statutes, 22-54-103.5,
Page 17, Line 16amend (1)(a), (1)(c)(I), (1)(c)(III), (4),(12)(d), and (12)(e); and add(3), (13)(b.5), and (14) as follows:
Page 17, Line 1722-54-103.5. District total program - rules - legislative
Page 17, Line 18declaration - repeal. (1) (a) For the
2030-31 2031-32 budget year andPage 17, Line 19each budget year thereafter, the department of education shall use this
Page 17, Line 20section to determine each district's total program. The district's total
Page 17, Line 21program is available to the district to fund the costs of providing public
Page 17, Line 22education, and, except as otherwise provided in section 22-54-105, the
Page 18, Line 1district has the discretion to determine the amounts and purposes for budgeting and expending its district total program money.
Page 18, Line 2(c) (I) Notwithstanding any provision of law to the contrary, for
Page 18, Line 3the 2025-26 budget year through the
2029-30 2030-31 budget year, thePage 18, Line 4department of education shall calculate each district's total program
Page 18, Line 5pursuant to this section for the purpose of determining each district's total
Page 18, Line 6program pursuant to section 22-54-103.3. The district's total program is
Page 18, Line 7available to the district to fund the costs of providing public education,
Page 18, Line 8and, except as otherwise provided in section 22-54-105, the district has
Page 18, Line 9the discretion to determine the amounts and purposes for budgeting and expending its district total program money.
Page 18, Line 10(III) This subsection (1)(c) is repealed, effective
July 1, 2031 July 1, 2032.Page 18, Line 11(3) Statewide base per pupil funding. (a) (I) For the 2025-26
Page 18, Line 12budget year, the statewide base per pupil funding is eight
Page 18, Line 13thousand six hundred ninety-one dollars and eighty cents
Page 18, Line 14($8,691.80), which is an amount equal to eight thousand four
Page 18, Line 15hundred ninety-six dollars and thirty-eight cents ($8,496.38),
Page 18, Line 16supplemented by one hundred ninety-five dollars and forty-two cents ($195.42) to account for inflation.
Page 18, Line 17(II) This subsection (3)(a) is repealed, effective July 1, 2031.
(b) (Reserved)
Page 18, Line 18(4) Funded pupil count. Funded pupil count is:
Page 18, Line 19(a) (I) For the 2025-26 budget year, the district's online pupil
Page 18, Line 20enrollment for the applicable budget year plus the district's supplemental
Page 18, Line 21kindergarten enrollment for the applicable budget year plus the district's
Page 18, Line 22extended high school pupil enrollment for the applicable budget year plus the greater of:
Page 19, Line 1
(I) (A) The district's pupil enrollment for the applicable budget year;Page 19, Line 2
(II) (B) The average of the district's pupil enrollment for thePage 19, Line 3applicable budget year and the district's pupil enrollment for the immediately preceding budget year;
Page 19, Line 4
(III) (C) The average of the district's pupil enrollment for thePage 19, Line 5applicable budget year and the district's pupil enrollment for the two immediately preceding budget years; or
Page 19, Line 6
(IV) (D) The average of the district's pupil enrollment for thePage 19, Line 7applicable budget year and the district's pupil enrollment for the three immediately preceding budget years.
Page 19, Line 8
(b) (I) (II) Notwithstanding any provision of law to the contrary,Page 19, Line 9for purposes of this subsection (4)(a),
of this section, a district's fundedPage 19, Line 10pupil count includes the certified pupil enrollment and online pupil
Page 19, Line 11enrollment of each operating institute charter school for which the district
Page 19, Line 12is the accounting district, as provided pursuant to
subsections (4)(b)(II)Page 19, Line 13
and (4)(b)(III) subsections (4)(a)(III) and (4)(a)(IV) of this section. ThePage 19, Line 14department of education shall add the institute charter school's certified
Page 19, Line 15pupil enrollment and online pupil enrollment to the funded pupil count of
Page 19, Line 16the district prior to calculating the district's total program pursuant to this section.
Page 19, Line 17
(II) (III) For purposes ofsubsection (4)(b)(I) subsectionPage 19, Line 18(4)(a)(II) of this section, each operating institute charter school's certified pupil enrollment is the greater of:
Page 19, Line 19(A) The operating institute charter school's pupil enrollment for
Page 19, Line 20the applicable budget year;
Page 20, Line 1(B) The average of the operating institute charter school's pupil
Page 20, Line 2enrollment for the applicable budget year and the operating institute
Page 20, Line 3charter school's pupil enrollment for the immediately preceding budget year;
Page 20, Line 4(C) The average of the operating institute charter school's pupil
Page 20, Line 5enrollment for the applicable budget year and the operating institute
Page 20, Line 6charter school's pupil enrollment for the two immediately preceding budget years; or
Page 20, Line 7(D) The average of the operating institute charter school's pupil
Page 20, Line 8enrollment for the applicable budget year and the operating institute
Page 20, Line 9charter school's pupil enrollment for the three immediately preceding budget years.
Page 20, Line 10
(III) (IV) Notwithstanding any provision of law to the contrary,Page 20, Line 11for purposes of
subsection (4)(b)(II) subsection (4)(a)(III) of thisPage 20, Line 12section, an operating institute charter school's pupil enrollment includes
Page 20, Line 13its online student enrollment, except for multi-district online school student enrollment.
Page 20, Line 14
(c) (V) The general assembly finds and declares that for thePage 20, Line 15purposes of section 17 of article IX of the state constitution, averaging a
Page 20, Line 16district's pupil enrollment for the applicable budget year and the district's
Page 20, Line 17pupil enrollment for the three immediately preceding budget years
Page 20, Line 18pursuant to this
subsection (4) subsection (4)(a), and averaging anPage 20, Line 19operating institute charter school's student enrollment and online pupil
Page 20, Line 20enrollment pursuant to this
subsection (4) subsection (4)(a), is aPage 20, Line 21program for accountable education reform and may therefore receive
Page 20, Line 22funding from the state education fund created in section 17 (4) of article
Page 20, Line 23IX of the state constitution.
Page 21, Line 1
(d) (I) (VI) (A) Notwithstanding any provision of law to thePage 21, Line 2contrary, for the purposes of this
subsection (4) subsection (4)(a), aPage 21, Line 3district's pupil enrollment for the applicable budget year and a district's
Page 21, Line 4pupil enrollment for a preceding budget year do not include a pupil who
Page 21, Line 5is or was enrolled in a charter school that was originally authorized by the
Page 21, Line 6district but was subsequently converted, on or after July 1, 2010, to an
Page 21, Line 7institute charter school or to a charter school of a district contiguous to the
originally original authorizing district.Page 21, Line 8
(II) (B) Notwithstanding any provision of thissubsection (4)Page 21, Line 9subsection (4)(a) to the contrary, for the purposes of this
subsection (4)Page 21, Line 10subsection (4)(a), if a district's funded pupil count calculated pursuant
Page 21, Line 11to this
subsection (4) subsection (4)(a), for a budget year is fewer thanPage 21, Line 12sixty students, the district's funded pupil count for the budget year is sixty students.
Page 21, Line 13(b) (I) For the 2026-27 budget year, and each budget year
Page 21, Line 14thereafter, the district's online pupil enrollment for the
Page 21, Line 15applicable budget year plus the district's supplemental
Page 21, Line 16kindergarten enrollment for the applicable budget year plus
Page 21, Line 17the district's extended high school pupil enrollment for the applicable budget year plus the greater of:
Page 21, Line 18(A) The district's pupil enrollment for the applicable budget year;
Page 21, Line 19(B) The average of the district's pupil enrollment for the
Page 21, Line 20applicable budget year and the district's pupil enrollment for the immediately preceding budget year; or
Page 21, Line 21(C) The average of the district's pupil enrollment for the
Page 21, Line 22applicable budget year and the district's pupil enrollment for the two immediately preceding budget years.
Page 22, Line 1(II) Notwithstanding any provision of law to the
Page 22, Line 2contrary, for purposes of this subsection (4)(b), a district's
Page 22, Line 3funded pupil count includes the certified pupil enrollment and
Page 22, Line 4online pupil enrollment of each operating institute charter
Page 22, Line 5school for which the district is the accounting district, as
Page 22, Line 6provided pursuant to subsections (4)(b)(III) and (4)(b)(IV) of this
Page 22, Line 7section. The department of education shall add the institute
Page 22, Line 8charter school's certified pupil enrollment and online pupil
Page 22, Line 9enrollment to the funded pupil count of the district prior to
Page 22, Line 10calculating the district's total program pursuant to this section.
Page 22, Line 11(III) For purposes of subsection (4)(b)(II) of this section,
Page 22, Line 12each operating institute charter school's certified pupil enrollment is the greater of:
Page 22, Line 13(A) The operating institute charter school's pupil enrollment for the applicable budget year;
Page 22, Line 14(B) The average of the operating institute charter
Page 22, Line 15school's pupil enrollment for the applicable budget year and
Page 22, Line 16the operating institute charter school's pupil enrollment for the immediately preceding budget year; and
Page 22, Line 17(C) The average of the operating institute charter
Page 22, Line 18school's pupil enrollment for the applicable budget year and
Page 22, Line 19the operating institute charter school's pupil enrollment for the two immediately preceding budget years.
Page 22, Line 20(IV) Notwithstanding any provision of law to the
Page 22, Line 21contrary, for purposes of subsection (4)(b)(III) of this section, an
Page 23, Line 1operating institute charter school's pupil enrollment includes
Page 23, Line 2its online student enrollment, except for multi-district online school student enrollment.
Page 23, Line 3(V) The general assembly finds and declares that for the
Page 23, Line 4purposes of section 17 of article IX of the state constitution,
Page 23, Line 5averaging a district's pupil enrollment for the applicable
Page 23, Line 6budget year and the district's pupil enrollment for the two
Page 23, Line 7immediately preceding budget years pursuant to this subsection
Page 23, Line 8(4)(b), and averaging an operating institute charter school's
Page 23, Line 9student enrollment and online pupil enrollment pursuant to
Page 23, Line 10this subsection (4)(b), is a program for accountable education
Page 23, Line 11reform and may therefore receive funding from the state
Page 23, Line 12education fund created in section 17 (4) of article IX of the state constitution.
Page 23, Line 13 (VI) (A) Notwithstanding any provision of law to the
Page 23, Line 14contrary, for the purposes of this subsection (4)(b), a district's
Page 23, Line 15pupil enrollment for the applicable budget year and a district's
Page 23, Line 16pupil enrollment for a preceding budget year do not include a
Page 23, Line 17pupil who is or was enrolled in a charter school that was
Page 23, Line 18originally authorized by the district but was subsequently
Page 23, Line 19converted, on or after July 1, 2010, to an institute charter
Page 23, Line 20school or to a charter school of a district contiguous to the original authorizing district.
Page 23, Line 21(B) Notwithstanding any provision of this subsection
Page 23, Line 22(4)(b) to the contrary, for the purposes of this subsection (4)(b),
Page 23, Line 23if a district's funded pupil count calculated pursuant to this
Page 23, Line 24subsection (4)(b) for a budget year is fewer than sixty students,
Page 24, Line 1the district's funded pupil count for the budget year is sixty students.
Page 24, Line 2(c) Notwithstanding subsections (4)(a) and (4)(b) of this
Page 24, Line 3section, if, for the 2026-27 budget year, each district's total
Page 24, Line 4program is not determined pursuant to section 22-54-103.3 (3)(b),
Page 24, Line 5then funded pupil count is determined pursuant to subsection
Page 24, Line 6(4)(a) of this section for the 2026-27 budget year and each budget year thereafter.
Page 24, Line 7(d) (I) Notwithstanding subsection (4)(b) of this section, if
Page 24, Line 8the state education fund balance is projected to be less than
Page 24, Line 9two hundred million dollars as of June 30, 2027, based on
Page 24, Line 10information contained in the March 2027 revenue forecast
Page 24, Line 11prepared by the legislative council staff, then for the 2027-28
Page 24, Line 12budget year and each budget year thereafter, the general
Page 24, Line 13assembly shall implement a smoothing factor or the funded
Page 24, Line 14pupil count is the district's online pupil enrollment for the
Page 24, Line 15applicable budget year plus the district's supplemental
Page 24, Line 16kindergarten enrollment for the applicable budget year plus
Page 24, Line 17the district's extended high school pupil enrollment for the applicable budget year plus the greater of:
Page 24, Line 18(A) The district's pupil enrollment for the applicable budget year; or
Page 24, Line 19(B) The average of the district's pupil enrollment for the
Page 24, Line 20applicable budget year and the district's pupil enrollment for the immediately preceding budget year.
Page 24, Line 21(I.5) If the general assembly is required to implement a
Page 24, Line 22smoothing factor pursuant to subsection (4)(d)(I) of this section,
Page 25, Line 1then prior to the smoothing factor's implementation, the
Page 25, Line 2general assembly shall consult a statewide association that
Page 25, Line 3represents school districts regarding the development and
Page 25, Line 4implementation of a smoothing factor. The consultation must
Page 25, Line 5include and consider the opinions of superintendents and chief
Page 25, Line 6financial officers of small rural school districts, rural school districts, suburban school districts, and urban school districts.
Page 25, Line 7(II) Notwithstanding any provision of law to the
Page 25, Line 8contrary, for purposes of this subsection (4)(d), a district's
Page 25, Line 9funded pupil count includes the certified pupil enrollment and
Page 25, Line 10online pupil enrollment of each operating institute charter
Page 25, Line 11school for which the district is the accounting district, as
Page 25, Line 12provided pursuant to subsections (4)(d)(III) and (4)(d)(IV) of this
Page 25, Line 13section. The department of education shall add the institute
Page 25, Line 14charter school's certified pupil enrollment and online pupil
Page 25, Line 15enrollment to the funded pupil count of the district prior to
Page 25, Line 16calculating the district's total program pursuant to this section.
Page 25, Line 17(III) For purposes of subsection (4)(d)(II) of this section,
Page 25, Line 18each operating institute charter school's certified pupil enrollment is the greater of:
Page 25, Line 19(A) The operating institute charter school's pupil enrollment for the applicable budget year; or
Page 25, Line 20(B) The average of the operating institute charter
Page 25, Line 21school's pupil enrollment for the applicable budget year and
Page 25, Line 22the operating institute charter school's pupil enrollment for
Page 25, Line 23the immediately preceding budget year.
Page 26, Line 1(IV) Notwithstanding any provision of law to the
Page 26, Line 2contrary, for purposes of subsection (4)(d)(III) of this section, an
Page 26, Line 3operating institute charter school's pupil enrollment includes
Page 26, Line 4its online student enrollment, except for multi-district online school student enrollment.
Page 26, Line 5(V) (A) Notwithstanding any provision of law to the
Page 26, Line 6contrary, for the purposes of this subsection (4)(d), a district's
Page 26, Line 7pupil enrollment for the applicable budget year does not
Page 26, Line 8include a pupil who is or was enrolled in a charter school that
Page 26, Line 9was originally authorized by the district but was subsequently
Page 26, Line 10converted, on or after July 1, 2010, to an institute charter
Page 26, Line 11school or to a charter school of a district contiguous to the original authorizing district.
Page 26, Line 12(B) Notwithstanding any provision of this subsection
Page 26, Line 13(4)(d) to the contrary, for the purposes of this subsection (4)(d),
Page 26, Line 14if a district's funded pupil count calculated pursuant to this
Page 26, Line 15subsection (4)(d) for a budget year is fewer than sixty students,
Page 26, Line 16the district's funded pupil count for the budget year is sixty students.
Page 26, Line 17(e) If the department of education determines that a
Page 26, Line 18district's pupil enrollment or operating institute charter
Page 26, Line 19school's pupil enrollment for a preceding budget year included
Page 26, Line 20pupils who were not reported as multi-district online pupils, but
Page 26, Line 21were determined by the department of education to have been
Page 26, Line 22educated in a setting that was equivalent to a multi-district
Page 26, Line 23online program, the department of education shall use the
Page 26, Line 24adjusted district pupil enrollment or operating institute
Page 27, Line 1charter school's pupil enrollment for that preceding budget
Page 27, Line 2year when determining funded pupil count pursuant to this subsection (4).
Page 27, Line 3(12) District locale factor funding. (d) A district's classification,
Page 27, Line 4as described pursuant to subsection (12)(b) or (12)(c) of this section, is
Page 27, Line 5determined by
the latest classifications or classification criteria issued byPage 27, Line 6the national center for education statistics in the institute of education
Page 27, Line 7sciences of the United States department of
education education'sPage 27, Line 8latest classification criteria or the classification criteria
Page 27, Line 9issued immediately prior to the latest classification criteria, whichever is the greater percentage.
Page 27, Line 10(e) (I) Notwithstanding subsection (12)(d) of this section, if a
Page 27, Line 11district does not align with a classification issued by the national center
Page 27, Line 12for education statistics, the department of education shall designate the
Page 27, Line 13district's locale factor based on considerations that align it with a similarly
Page 27, Line 14situated district that has a classification issued by the national center for
Page 27, Line 15education statistics. If the department of education is required to
Page 27, Line 16designate the district's locale factor pursuant to this subsection (12)(e), the
Page 27, Line 17department of education shall consult with legislative counsel staff
Page 27, Line 18concerning the adjustment for any information necessary to make an appropriate designation.
Page 27, Line 19(II) For purposes of this subsection (12)(e), the department
Page 27, Line 20may exclude from the district's funded pupil count that is used
Page 27, Line 21to determine a district's locale factor pursuant to subsection
Page 27, Line 22(12)(b) of this section the number of pupils on the pupil
Page 27, Line 23enrollment count day within the applicable budget year
Page 27, Line 24enrolled in, attending, and actively participating in a
Page 28, Line 1multi-district online school, as defined in section 22-30.7-102, created pursuant to article 30.7 of this title 22.
Page 28, Line 2(13) District size factor funding. (b.5) For purposes of
Page 28, Line 3subsection (13)(b)(I) through (13)(b)(VI) of this section, a
Page 28, Line 4district's funded pupil count does not include the number of
Page 28, Line 5pupils, on the pupil enrollment count day within the applicable
Page 28, Line 6budget year, the number of pupils enrolled in, attending, and
Page 28, Line 7actively participating in a multi-district online school, as
Page 28, Line 8defined in section 22-30.7-102, created pursuant to article 30.7 of this title 22.
Page 28, Line 9(14) Total program funding. (a) (I) For the 2025-26 budget
Page 28, Line 10year, the department of education and the staff of the
Page 28, Line 11legislative council shall determine, based on budget
Page 28, Line 12projections, the amount to ensure that for the 2025-26 budget
Page 28, Line 13year, the sum of total program funding for all districts,
Page 28, Line 14including funding for institute charter schools, is at least
Page 28, Line 15ten billion thirty-five million seven hundred ten thousand eight
Page 28, Line 16hundred sixteen dollars ($10,035,710,816); except that the
Page 28, Line 17department of education and the staff of the legislative council
Page 28, Line 18shall make mid-year revisions to replace projections with
Page 28, Line 19actual figures, including actual pupil enrollment, assessed
Page 28, Line 20valuations, and specific ownership tax revenue from the prior
Page 28, Line 21year, to determine any necessary changes in the amount to maintain total program funding for the applicable budget year.
Page 28, Line 22(II) This subsection (14)(a) is repealed, effective July 1, 2031.
Page 28, Line 23(b) (Reserved)
Page 29, Line 1SECTION 12. In Colorado Revised Statutes, 22-54-104, amend (1)(c)(I) and (8); and add (7)(i) and (7)(j) as follows:
Page 29, Line 222-54-104. District total program - legislative declaration -
Page 29, Line 3definitions - repeal. (1) (c) (I) Notwithstanding any provision of law to
Page 29, Line 4the contrary, for the 2025-26 budget year through the
2029-30 2030-31Page 29, Line 5budget year, the department of education shall calculate each district's
Page 29, Line 6total program pursuant to this section for the purpose of determining each
Page 29, Line 7district's total program pursuant to section 22-54-103.3. The district's total
Page 29, Line 8program is available to the district to fund the costs of providing public
Page 29, Line 9education, and, except as otherwise provided in section 22-54-105, the
Page 29, Line 10district has the discretion to determine the amounts and purposes for budgeting and expending its district total program money.
Page 29, Line 11(7) (i) Notwithstanding any provision of this subsection
Page 29, Line 12(7), for the 2027-28 budget year and each budget year
Page 29, Line 13thereafter, when calculating each district's total program
Page 29, Line 14pursuant to this section for the purpose of determining a
Page 29, Line 15district's total program pursuant to section 22-54-103.3, the
Page 29, Line 16department of education shall use the same funded pupil count
Page 29, Line 17that it uses pursuant to section 22-54-103.5 (4) for the purpose of
Page 29, Line 18determining a district's total program pursuant to section 22-54-103.3.
Page 29, Line 19(j) If the department of education determines that a
Page 29, Line 20district's pupil enrollment or operating institute charter
Page 29, Line 21school's pupil enrollment for a preceding budget year included
Page 29, Line 22pupils who were not reported as multi-district online pupils, but
Page 29, Line 23were determined by the department of education to have been
Page 29, Line 24educated in a setting that was equivalent to a multi-district
Page 30, Line 1online program, the department of education shall use the
Page 30, Line 2adjusted district pupil enrollment or operating institute
Page 30, Line 3charter school's pupil enrollment for that preceding budget
Page 30, Line 4year when determining funded pupil count pursuant to this subsection (7).
Page 30, Line 5(8) This section is repealed, effective
July 1, 2031 July 1, 2032.Page 30, Line 6SECTION 13. In Colorado Revised Statutes, 22-54-104.6,
Page 30, Line 7amend(1)(a) introductory portion, (1)(b), and (12); and add (1.5) as follows:
Page 30, Line 822-54-104.6. Implementation of at-risk measure - legislative
Page 30, Line 9declaration - definitions - repeal. (1) (a) The general assembly finds
Page 30, Line 10and declares that implementing
a new an improved at-risk measure forPage 30, Line 11identifying students who are at risk of below-average academic
Page 30, Line 12performance because of socioeconomic disadvantages or poverty will benefit Colorado students by:
Page 30, Line 13(b) Therefore, it is the intent of the general assembly to
create aPage 30, Line 14
working group convened by the commissioner of education to determinePage 30, Line 15
how to construct and implement the new continuously improve thePage 30, Line 16construction and implementation of the at-risk measure for use in the state's public school funding formula.
Page 30, Line 17(1.5) (a) In order to account for students who are at-risk
Page 30, Line 18of below-average academic performance and education
Page 30, Line 19outcomes because of socioeconomic disadvantages or poverty,
Page 30, Line 20but who may not qualify for free or reduced price lunch, the
Page 30, Line 21department of education shall collect data necessary to identify individual student census block groups.
Page 30, Line 22(b) Notwithstanding subsection (1.5)(a) of this section, the
Page 31, Line 1state board may promulgate rules that direct the department
Page 31, Line 2of education to suspend the collection of data pursuant to
Page 31, Line 3subsection (1.5)(a) of this section, if the collected data indicates
Page 31, Line 4that the student population identified in subsection (1.5)(a) of
Page 31, Line 5this section is substantially similar to the at-risk student
Page 31, Line 6population that is identified through free and reduced price
Page 31, Line 7lunch and direct certification. The state board may also
Page 31, Line 8promulgate rules that direct the department of education to
Page 31, Line 9re-start the collection of data pursuant to subsection (1.5)(a) of this section, after a suspension of data collection.
Page 31, Line 10(12) Subsections
(4) to (11) (2) to (11.7) of this section are repealed, effective July 1, 2025.Page 31, Line 11SECTION 14. In Colorado Revised Statutes, 22-41-102, amend (3)(i)(IV), (3)(j)(IV), and (3)(k)(III) as follows:
Page 31, Line 1222-41-102. Fund inviolate. (3) (i) For the 2024-25 state fiscal
Page 31, Line 13year, interest and income earned on the investment of the money in the public school fund must be used or credited as follows:
Page 31, Line 14(IV) Any additional interest and income remaining in the public
Page 31, Line 15school fund
may be credited as specified by the general assembly, takingPage 31, Line 16
into consideration the recommendations of the public school fundPage 31, Line 17
investment board described in section 22-41-102.5 (4)(a)(III), or, if notPage 31, Line 18
credited pursuant to this subsection (3)(i)(IV), remains in the publicPage 31, Line 19
school fund is credited to the public school capital construction assistance fund pursuant to section 22-43.7-104 (2)(d.5).Page 31, Line 20(j) For the 2025-26 state fiscal year, interest and income earned on
Page 31, Line 21the investment of the money in the public school fund must be used or
Page 31, Line 22credited as follows:
Page 32, Line 1(IV) Any additional interest and income remaining in the public
Page 32, Line 2school fund
may be credited as specified by the general assembly, takingPage 32, Line 3
into consideration the recommendations of the public school fundPage 32, Line 4
investment board described in section 22-41-102.5 (4)(a)(III), or, if notPage 32, Line 5
credited pursuant to this subsection (3)(j)(IV), remains in the publicPage 32, Line 6
school fund is credited to the public school capital construction assistance fund pursuant to section 22-43.7-104 (2)(d.5).Page 32, Line 7(k) For the 2026-27 state fiscal year and each state fiscal year
Page 32, Line 8thereafter, interest and income earned on the investment of the money in the public school fund must be used or credited as follows:
Page 32, Line 9(III) Any additional interest and income remaining in the public
Page 32, Line 10school fund
may be credited as specified by the general assembly, takingPage 32, Line 11
into consideration the recommendations of the public school fundPage 32, Line 12
investment board described in section 22-41-102.5 (4)(a)(III), or, if notPage 32, Line 13
credited pursuant to this subsection (3)(k)(III), remains in the publicPage 32, Line 14
school fund is credited to the public school capital construction assistance fund pursuant to section 22-43.7-104 (2)(d.5).Page 32, Line 15SECTION 15. In Colorado Revised Statutes, 22-43.7-104, amend (1) and (2)(d)(I); and add(2)(d.5) and(7) as follows:
Page 32, Line 1622-43.7-104. Public school capital construction assistance fund
Page 32, Line 17- creation - crediting of money to fund - use of fund - emergency
Page 32, Line 18reserve - creation - reserve account - creation and use - definition -
Page 32, Line 19report. (1) (a) The public school capital construction assistance fund is
Page 32, Line 20
hereby created in the state treasury. Subject to the limitation setPage 32, Line 21forth in subsection (1)(b)(I) of this section, the principal of the
Page 32, Line 22assistance fund
shall consist consists of allmoneys money transferredPage 32, Line 23or credited to the assistance fund pursuant to subsection (2) of this
Page 33, Line 1section. Except as otherwise provided in subsection (1)(b)(I) of this
Page 33, Line 2section, all interest and income earned on the deposit and investment of
Page 33, Line 3
moneys money in the assistance fundshall be is credited to the assistancePage 33, Line 4fund and
shall not be is not transferred to the general fund or any other fund at the end of any fiscal year.Page 33, Line 5(b) (I) (A) For the 2024-25 state fiscal year, and each state
Page 33, Line 6fiscal year thereafter, the total amount of revenue credited in
Page 33, Line 7the state fiscal year to the assistance fund pursuant to this
Page 33, Line 8section must not exceed one hundred fifty million dollars,
Page 33, Line 9which amount must be annually adjusted for inflation for each state fiscal year thereafter.
Page 33, Line 10(B) For the 2024-25 state fiscal year, and each state fiscal
Page 33, Line 11year thereafter, the state treasurer shall credit to the state
Page 33, Line 12public school fund created in section 22-54-114 (1) any amount of
Page 33, Line 13revenue that exceeds in the state fiscal year one hundred fifty
Page 33, Line 14million dollars, as adjusted annually for inflation for state
Page 33, Line 15fiscal years commencing on or after July 1, 2025, that otherwise
Page 33, Line 16would be credited to the assistance fund pursuant to this section.
Page 33, Line 17(II) Notwithstanding subsection (1)(b)(I) of this section,
Page 33, Line 18the total amount of revenue described in subsection (1)(b)(I) of
Page 33, Line 19this section does not include money credited to the assistance fund pursuant to subsection (2)(d.5) of this section.
Page 33, Line 20(III) As used in this subsection (1)(b), "inflation" means the
Page 33, Line 21annual percentage increase in the United States department of
Page 33, Line 22labor's bureau of labor statistics consumer price index, or a
Page 33, Line 23successor index, for Denver-Aurora-Lakewood for all items paid for by urban consumers.
Page 34, Line 1(2) (d) (I) (A)
For the state fiscal year commencing July 1, 2018,Page 34, Line 2
the state treasurer, as provided in section 39-28.8-305 (1)(a), shall creditPage 34, Line 3
to the assistance fund the greater of the first forty million dollars receivedPage 34, Line 4
and collected from the excise tax on retail marijuana imposed pursuant toPage 34, Line 5
part 3 of article 28.8 of title 39 or ninety percent of the money receivedPage 34, Line 6
and collected from the tax. For the state fiscal year commencing July 1,Page 34, Line 7
2019, and for each state fiscal year thereafter except for the state fiscalPage 34, Line 8
year commencing July 1, 2020, the state treasurer, as provided in sectionPage 34, Line 9
39-28.8-305 (1)(a), shall annually credit to the assistance fund all of thePage 34, Line 10
money received and collected from the excise tax on retail marijuanaPage 34, Line 11
imposed pursuant to part 3 of article 28.8 of title 39. For the state fiscalPage 34, Line 12
year commencing July 1, 2020, the state treasurer, as provided in sectionPage 34, Line 13
39-28.8-305 (1)(a), shall credit to the assistance fund the lesser of the firstPage 34, Line 14
forty million dollars received and collected from the excise tax on retailPage 34, Line 15
marijuana imposed pursuant to part 3 of article 28.8 of title 39 or all ofPage 34, Line 16
the money received and collected from the tax. For state fiscal yearsPage 34, Line 17
commencing before July 1, 2019, the state treasurer shall credit twelvePage 34, Line 18
and five-tenths percent of the amount annually credited pursuant to thisPage 34, Line 19
subsection (2)(d) to the charter school facilities assistance account, whichPage 34, Line 20
account is created within the assistance fund. For each state fiscal yearPage 34, Line 21
commencing on or after July 1, 2019, the state treasurer shall credit to thePage 34, Line 22
charter school facilities assistance account a percentage of the amountPage 34, Line 23
credited pursuant to this subsection (2)(d) that is equal to the percentagePage 34, Line 24
of pupil enrollment, as defined in section 22-54-103 (10), statewidePage 34, Line 25
represented by pupils who were enrolled in charter schools for the priorPage 34, Line 26
school year. The department of education shall notify the state treasurerPage 35, Line 1
of the applicable percentage no later than June 1 of the immediatelyPage 35, Line 2
preceding fiscal year For the state fiscal year commencing July 1,Page 35, Line 32019, and for each state fiscal year thereafter, the state
Page 35, Line 4treasurer, as provided in section 39-28.8-305 (1)(a), shall
Page 35, Line 5annually credit to the assistance fund all of the money
Page 35, Line 6received and collected from the excise tax on retail marijuana
Page 35, Line 7imposed pursuant to part 3 of article 28.8 of title 39, subject to the limitation set forth in subsection (1)(b)(I) of this section.
Page 35, Line 8(B) There is created within the assistance fund the
Page 35, Line 9charter school facilities assistance account. For the 2019-20
Page 35, Line 10state fiscal year, and each state fiscal year thereafter, the
Page 35, Line 11state treasurer shall credit to the charter school facilities
Page 35, Line 12assistance account a percentage of the amount credited
Page 35, Line 13pursuant to this subsection (2)(d) that is equal to the
Page 35, Line 14percentage of pupil enrollment, as defined in section 22-54-103,
Page 35, Line 15statewide represented by pupils who were enrolled in charter
Page 35, Line 16schools for the prior school year. The department of education
Page 35, Line 17shall notify the state treasurer of the applicable percentage no later than June 1 of the immediately preceding state fiscal year.
Page 35, Line 18(d.5) For the 2024-25 state fiscal year and each state
Page 35, Line 19fiscal year thereafter, the state treasurer shall credit to the
Page 35, Line 20assistance fund the additional interest and income remaining in
Page 35, Line 21the public school fund pursuant to section 22-41-102 (3)(i)(IV), (3)(j)(IV), and (3)(k)(III).
Page 35, Line 22(7) In its budget request submitted to the joint budget
Page 35, Line 23committee each November 1, the office of state planning and
Page 35, Line 24budgeting shall report the amount of revenue that was credited
Page 36, Line 1to the state public school fund for the prior state fiscal year
Page 36, Line 2pursuant to subsection (1)(b) of this section. The joint budget
Page 36, Line 3committee must consider the amount of revenue that was
Page 36, Line 4credited to the state public school fund and whether to
Page 36, Line 5continue crediting money to the state public school fund pursuant to subsection (1)(b) of this section.
Page 36, Line 6SECTION 16. In Colorado Revised Statutes, 22-7-1209, amend (7) as follows:
Page 36, Line 722-7-1209. State board - rules - department - duties.
Page 36, Line 8(7) Beginning in the 2019-20 budget year, the department shall
contractPage 36, Line 9
with an entity to develop and implement a public information campaignPage 36, Line 10to emphasize the importance of learning to read by third grade and to
Page 36, Line 11highlight the local education providers that are achieving high
Page 36, Line 12percentages of third-grade students who demonstrate reading competency.
Page 36, Line 13The public information campaign must be disseminated statewide and
Page 36, Line 14must emphasize the important roles that educators and parents have in
Page 36, Line 15teaching children to read and in providing a school and home
Page 36, Line 16environment that promotes reading. The department is encouraged to
Page 36, Line 17work with the public and private library agencies throughout the state in developing and implementing the public information campaign.
Page 36, Line 18SECTION 17. In Colorado Revised Statutes, 22-105.5-104, amend (3)(c)(I) as follows:
Page 36, Line 1922-105.5-104. Out-of-school time program grant program -
Page 36, Line 20created - use of grants - funding - rules - repeal. (3) (c) (I) For the
Page 36, Line 212024-25, 2025-26, and 2026-27 state fiscal years, the general assembly
Page 36, Line 22shall appropriate three million five hundred thousand dollars in each state
Page 36, Line 23fiscal year from the general fund to the department for purposes of this
Page 37, Line 1section. Any unexpended money remaining at the end of the
Page 37, Line 22024-25 or 2025-26 state fiscal year from an appropriation made pursuant to this subsection (3)(c)(I):
Page 37, Line 3(A) May be used by the department in the2025-26 or 2026-27state fiscal years without further appropriation; and
Page 37, Line 4(B) Must not be used for any purpose other than the purposes of this section.
Page 37, Line 5SECTION 18. In Colorado Revised Statutes, 22-105.5-106, amend (1) introductory portion and (5) as follows:
Page 37, Line 622-105.5-106. Reporting requirements. (1) On or before
JulyPage 37, Line 7
1, 2025, July 1, 2026, and on or before July 1 each year thereafter inPage 37, Line 8which a grant is awarded, each grantee shall submit a report to the
Page 37, Line 9department. At a minimum, the report must include the following information:
Page 37, Line 10(5) On or before
March 31, 2026, March 31, 2027, and on orPage 37, Line 11before March 31 each year thereafter for the duration of the grant
Page 37, Line 12program, the department shall submit a summarized report of information
Page 37, Line 13provided by the eligible entities that received a grant to the education
Page 37, Line 14committees of the senate and the house of representatives, or any successor committees.
Page 37, Line 15SECTION 19. In Colorado Revised Statutes, 42-1-102, amend (88) and (88.5)(a); and add (60.2) as follows:
Page 37, Line 1642-1-102. Definitions. As used in articles 1 to 4 of this title 42, unless the context otherwise requires:
Page 37, Line 17(60.2) "Multifunction school activity bus" means a motor
Page 37, Line 18vehicle that is designed and used specifically for the
Page 37, Line 19transportation of school children to or from a school-related
Page 38, Line 1activity, whether the activity occurs within or outside the
Page 38, Line 2territorial limits of a school district and whether or not the
Page 38, Line 3activity occurs during school hours. A "multifunction school
Page 38, Line 4activity bus" must comply with all federal motor vehicle safety
Page 38, Line 5standards and regulations applicable to school buses, except
Page 38, Line 6any standard or regulation requiring the installation of official traffic control devices.
Page 38, Line 7(88) "School bus" means a motor vehicle that is designed and used
Page 38, Line 8specifically for the transportation of school children to or from a public
Page 38, Line 9or private school or a school-related activity, whether the activity occurs
Page 38, Line 10within or
without outside the territorial limits ofany a school districtPage 38, Line 11and whether or not the activity occurs during school hours.
"School bus"Page 38, Line 12
does not include informal or intermittent arrangements, such as sharingPage 38, Line 13
of actual gasoline expense or participation in a car pool, for thePage 38, Line 14
transportation of school children to or from a public or private school orPage 38, Line 15
a school-related activity A "school bus" must comply with allPage 38, Line 16federal motor vehicle safety standards and regulations applicable to school buses.
Page 38, Line 17(88.5) (a) "School vehicle" means a motor vehicle, including, but
Page 38, Line 18not limited to, a school bus or multifunction school activity bus,
Page 38, Line 19that is owned by or under contract to a public or private school and
Page 38, Line 20operated for the transportation of school children to or from school or a school-related activity.
Page 38, Line 21SECTION 20. In Colorado Revised Statutes, 42-4-707, amend
Page 38, Line 22(1)(a) introductory portion and (5) introductory portion; and add (5)(a.5) as follows:
Page 38, Line 2342-4-707. Certain vehicles must stop at railroad grade
Page 39, Line 1crossings - definitions. (1) (a) Except as otherwise provided in this
Page 39, Line 2section, the driver of a school bus, as defined in subsection (5)(b) of this
Page 39, Line 3section or the driver of a multifunction school activity bus, as
Page 39, Line 4defined in subsection (5)(a.5) of this section,
carrying anyPage 39, Line 5
schoolchild the driver of a vehicle carrying hazardous materials that isPage 39, Line 6required to be placarded in accordance with rules issued under section
Page 39, Line 742-20-108, or the driver of a commercial vehicle, as defined in section
Page 39, Line 842-4-235, that is transporting passengers, before crossing at grade any tracks of a railroad:
Page 39, Line 9(5)
For the purposes of As used in this section:Page 39, Line 10(a.5) "Multifunction school activity bus" means a
Page 39, Line 11multifunction school activity bus that is required to bear on
Page 39, Line 12the front and rear of the bus the words "ACTIVITY BUS" pursuant to section 42-4-1903 (2)(a.5).
Page 39, Line 13SECTION 21. In Colorado Revised Statutes, 42-4-1901, amend (2)(b) as follows:
Page 39, Line 1442-4-1901. School buses - equipped with supplementary brake
Page 39, Line 15retarders. (2) (b) The general assembly encourages school districts to
Page 39, Line 16consider installing
only electromagnetic retarders or state-of-the-artPage 39, Line 17retarders for purposes of supplementing service brake systems of school
Page 39, Line 18buses when such retarders are acquired on or after April 17, 1991. The
Page 39, Line 19general assembly also encourages school districts to consider purchasing
Page 39, Line 20only those new school buses
which that are equipped with externalPage 39, Line 21public address systems and retarders of appropriate capacity for purposes of supplementing any service brake systems of such school buses.
Page 39, Line 22SECTION 22. In Colorado Revised Statutes, amend 42-4-1902
Page 39, Line 23as follows:
Page 40, Line 142-4-1902. School vehicle drivers - special training required.
Page 40, Line 2On and after July 1, 1992, the driver of
any a school vehicle as definedPage 40, Line 3in section 42-1-102 (88.5) owned or operated by or for
any a schoolPage 40, Line 4district in this state shall have successfully completed training
approvedPage 40, Line 5
by the department of education, concerning driving on mountainousPage 40, Line 6terrain, as defined in section 42-4-1901 (3)(a), and driving in adverse weather conditions.
Page 40, Line 7SECTION 23. In Colorado Revised Statutes, 42-4-1903, amend (1)(a), (2)(a) introductory portion, and (3); and add (2)(a.5) as follows:
Page 40, Line 842-4-1903. School buses - stops - signs - passing. (1) (a) The
Page 40, Line 9driver of a motor vehicle upon any highway, road, or street, upon meeting
Page 40, Line 10or overtaking from either direction any school bus that has stopped, shall
Page 40, Line 11stop the vehicle at least twenty feet before reaching the school bus if
Page 40, Line 12visual signal lights as specified in subsection (2) of this section have been
Page 40, Line 13actuated on the school bus. The driver shall not proceed until the visual
Page 40, Line 14signal lights are no longer being actuated.
The driver of a motor vehiclePage 40, Line 15
shall stop when a school bus that is not required to be equipped withPage 40, Line 16
visual signal lights by subsection (2) of this section stops to receive or discharge schoolchildren.Page 40, Line 17(2) (a) Every school bus as defined in section 42-1-102 (88), other
Page 40, Line 18than a small passenger-type vehicle having a seating capacity of not more
Page 40, Line 19than
fifteen twelve, used for the transportation of schoolchildrenshall must:Page 40, Line 20(a.5) Every multifunction school activity bus as defined
Page 40, Line 21in section 42-1-102 (60.2) must bear on the front and rear of the
Page 40, Line 22bus the words "ACTIVITY BUS" in black letters not less than
Page 40, Line 23eight inches in height.
Page 41, Line 1(3) Every school bus used for the transportation of schoolchildren,
Page 41, Line 2except those small passenger-type vehicles described in subsection (1) of
Page 41, Line 3this section and multifunction school activity buses,
shall must bePage 41, Line 4equipped with school bus pedestrian safety devices that comply with 49 CFR 571.131 or its successor regulation.
Page 41, Line 5SECTION 24. Appropriation. For the 2025-26 state fiscal year,
Page 41, Line 6$7,009,989 is appropriated to the department of education. This
Page 41, Line 7appropriation is from the state education fund created in section 17 (4)(a)
Page 41, Line 8of article IX of the state constitution. To implement this act, the department may use this appropriation for at-risk supplemental aid.
Page 41, Line 9SECTION 25. Appropriation. For the 2025-26 state fiscal year,
Page 41, Line 10$3,571,233 is appropriated to the department of education. This
Page 41, Line 11appropriation is from the state education fund created in section 17 (4)(a)
Page 41, Line 12of article IX of the state constitution. To implement this act, the
Page 41, Line 13department may use this appropriation for state share of districts' total program funding.
Page 41, Line 14SECTION 26. Appropriation. For the 2025-26 state fiscal year,
Page 41, Line 15$7,600,000 is appropriated to the department of education. This
Page 41, Line 16appropriation is from public school capital construction assistance fund
Page 41, Line 17created in section 22-43.7-104 (1), C.R.S. To implement this act, the
Page 41, Line 18department may use this appropriation for public school capital construction assistance board - cash grants.
Page 41, Line 19SECTION 27. Appropriation - adjustments to 2025 long bill.
Page 41, Line 20(1) To implement this act, appropriations made in the annual general
Page 41, Line 21appropriation act for the 2025-26 state fiscal year to the department of education are adjusted as follows:
Page 41, Line 22(a) The cash funds appropriation from the state education fund
Page 42, Line 1created in section 17 (4)(a) of article IX of the state constitution for state share of districts' total program funding is decreased by$15,775,837;
Page 42, Line 2(b) The cash funds appropriation from the state education fund
Page 42, Line 3created in section 17 (4)(a) of article IX of the state constitution for at-risk per pupil additional funding is decreased by $5,000,000; and
Page 42, Line 4(c) The cash funds appropriation from public school capital
Page 42, Line 5construction assistance fund created in section 22-43.7-104 (1), C.R.S.,
Page 42, Line 6for public school capital construction assistance board - cash grants is decreased by $45,648,087.
Page 42, Line 7SECTION 28. Safety clause. The general assembly finds,
Page 42, Line 8determines, and declares that this act is necessary for the immediate
Page 42, Line 9preservation of the public peace, health, or safety or for appropriations for
Page 42, Line 10the support and maintenance of the departments of the state and state institutions.