House Bill 25-1320 Preamended

A Bill for an Act

• Page 1, Line 101Concerning the financing of public schools.

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 4, Line 14Constitution, which ensures year-over-year adjustments to account for

• Page 4, Line 15inflationary pressures. If the general assembly is unable to fulfill this

• Page 5, Line 1obligation mandated by section 17 of article IX of the Colorado

• Page 5, Line 2Constitution, then a group will be formed to address the issue of how to

• Page 5, Line 3accurately track a potential shortfall to public education funding in the

• Page 5, Line 4future. This commitment is fundamental to the long-term prosperity and well-being of Colorado's future workforce and economy.

• Page 5, Line 5(c)  The new school finance formula, established by the general

• Page 5, Line 6assembly to begin in the 2025-26 school year, is designed to prioritize

• Page 5, Line 7students and equity by directing resources where they are most needed,

• Page 5, Line 8particularly toward students who face greater challenges in their academic

• Page 5, Line 9success, including those living in poverty, learning English, and who have

• Page 5, Line 10special needs. The formula recognizes the diverse needs of Colorado

• Page 5, Line 11students, including those who live in small, rural, and remote school

• Page 5, Line 12districts, who may require additional resources to overcome geographic,

• Page 5, Line 13economic, and logistical barriers to providing a world-class public education.

• Page 5, Line 14(2)  Therefore, it is the intent of the general assembly that this new

• Page 5, Line 15school finance formula is implemented in a manner that is responsive to

• Page 5, Line 16the needs of all students and school districts in Colorado while

• Page 5, Line 17maintaining the long-term financial health of the state education fund and ensuring continued funding stability for future generations of students.

• Page 5, Line 18SECTION 2.  In Colorado Revised Statutes, 22-30.5-112.2, amend (2)(a) and (3); and add (2)(c) and (5) as follows:

• Page 5, Line 1922-30.5-112.2.  Charter schools - at-risk supplemental aid -

• Page 5, Line 20definitions - legislative declaration - repeal. (2) (a)  For the 2012-13

• Page 5, Line 21budget year and each budget year thereafter through the 2024-25

• Page 5, Line 22budget year, the general assembly shall appropriate to the department

• Page 5, Line 23of education for allocation to school districts the amount calculated for

• Page 6, Line 1at-risk supplemental aid for those school districts and district charter

• Page 6, Line 2schools described in paragraph (b) of this subsection (2) subsection

• Page 6, Line 3(2)(b) of this section. For the 2025-26 budget year and the 2026-27

• Page 6, Line 4budget year, the general assembly shall appropriate to the

• Page 6, Line 5department of education for allocation to school districts the

• Page 6, Line 6amount determined for supplemental aid for those school

• Page 6, Line 7districts and district charter schools described in subsection

• Page 6, Line 8(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 9(c)  For the 2025-26 budget year, each school district and

• Page 6, Line 10district charter school's at-risk supplemental aid is the same

• Page 6, Line 11amount that it received in the 2024-25 budget year. For the

• Page 6, Line 122026-27 budget year, each school district and district charter

• Page 6, Line 13school's at-risk supplemental aid is fifty percent of the amount that it received in the 2024-25 budget year.

• Page 6, Line 14(3)  If the appropriation to the department of education is

• Page 6, Line 15insufficient to fund one hundred percent of the at-risk supplemental aid

• Page 6, Line 16calculated pursuant to paragraph (b) of subsection (2) determined

• Page 6, Line 17pursuant to subsection (2) of this section, the department of education

• Page 6, Line 18shall reduce each school district's and each district charter school's at-risk supplemental aid proportionately.

• Page 6, Line 19(5)  This section is repealed, effective July 1, 2028.

• Page 6, Line 20SECTION 3.  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 6, Line 2122-30.5-513.  Institute charter schools - funding - at-risk

• Page 6, Line 22supplemental aid - legislative declaration - definitions - repeal.

• Page 6, Line 23(4.5) (a)  For the 2012-13 budget year and each budget year thereafter

• Page 7, Line 1through the 2024-25 budget year, the general assembly shall

• Page 7, Line 2appropriate to the charter school institute the amount calculated for at-risk

• Page 7, Line 3supplemental aid pursuant to paragraph (b) of this subsection (4.5)

• Page 7, Line 4subsection (4.5)(b) of this section for each institute charter school

• Page 7, Line 5whose percentage of at-risk pupils is less than the percentage of at-risk

• Page 7, Line 6pupils in the accounting district. For the 2025-26 budget year and the

• Page 7, Line 72026-27 budget year, the general assembly shall appropriate to

• Page 7, Line 8the charter school institute for allocation to institute charter

• Page 7, Line 9schools the amount described in subsection (4.5)(b.5) of this

• Page 7, Line 10section. At-risk supplemental aid is additional funding and does not

• Page 7, Line 11supplant any other funding allocated pursuant to this section. The charter

• Page 7, Line 12school institute shall pass through one hundred percent of an institute charter school's at-risk supplemental aid to the institute charter school.

• Page 7, Line 13(b.5)  For the 2025-26 budget year, each institute charter

• Page 7, Line 14school's at-risk supplemental aid is the same amount that it

• Page 7, Line 15received in the 2024-25 budget year. For the 2026-27 budget year,

• Page 7, Line 16each institute charter school's at-risk supplemental aid is fifty

• Page 7, Line 17percent of the amount that it received in the 2024-25 budget year.

• Page 7, Line 18(d)  If the appropriation to the charter school institute is

• Page 7, Line 19insufficient to fund one hundred percent of the at-risk supplemental aid

• Page 7, Line 20calculated determined pursuant to this subsection (4.5), the charter

• Page 7, Line 21school institute shall reduce each institute charter school's at-risk supplemental aid proportionately.

• Page 7, Line 22(e)  This subsection (4.5) is repealed, effective July 1, 2028.

• SECTION 4.  In Colorado Revised Statutes, repeal 22-54-136.

• Page 7, Line 23SECTION 5.  In Colorado Revised Statutes, 22-30.5-408, amend (2)(a) as follows:

• Page 8, Line 122-30.5-408.  Replenishment of qualified charter school debt

• Page 8, Line 2service reserve funds - additional responsibilities - state treasurer -

• Page 8, Line 3qualified charter schools - definitions. (2) (a)  If the Colorado

• Page 8, Line 4educational and cultural facilities authority has issued qualified charter

• Page 8, Line 5school bonds on behalf of any a qualified charter school that fails

• Page 8, Line 6immediately to restore its qualified charter school debt service reserve

• Page 8, Line 7fund to the applicable qualified charter school debt service reserve fund

• Page 8, Line 8requirement, the board of directors of the authority shall submit to the

• Page 8, Line 9governor a certificate certifying any the amount of money required to

• Page 8, Line 10restore the qualified charter school debt service reserve fund to the

• Page 8, Line 11applicable qualified charter school debt service reserve fund requirement.

• Page 8, Line 12The governor shall submit a request for appropriations in an amount

• Page 8, Line 13sufficient to restore any or all qualified charter school debt reserve funds

• Page 8, Line 14to their respective qualified charter school debt service reserve fund

• Page 8, Line 15requirements, and the general assembly may, but is not required to,

• Page 8, Line 16appropriate money for said that purpose. If, in its sole discretion, the

• Page 8, Line 17general assembly appropriates any money for said that purpose, the

• Page 8, Line 18aggregate outstanding principal amount of bonds for which money may

• Page 8, Line 19be appropriated for said that purpose must not exceed seven hundred fifty million one billion dollars.

• Page 8, Line 20SECTION 6.  In Colorado Revised Statutes, 22-54-103.2, amend (2)(a) and (2)(b) as follows:

• Page 8, Line 2122-54-103.2.  District total program formula report. (2)  In its

• Page 8, Line 22report described pursuant to subsection (1) of this section, the department of education shall report, at a minimum, data demonstrating:

• Page 8, Line 23(a)  The successes and challenges of determining a district's total

• Page 9, Line 1program pursuant to section 22-54-103.3 for reports concerning the

• Page 9, Line 22025-26 budget year through the 2029-30 2030-31 budget year, and the

• Page 9, Line 3successes and challenges of determining a district's total program

• Page 9, Line 4pursuant to section 22-54-103.5 for reports concerning the 2030-31 2031-32 budget year and each budget year thereafter;

• Page 9, Line 5(b)  How district total program, determined pursuant to section

• Page 9, Line 622-54-103.3 for reports concerning the 2025-26 budget year through the

• Page 9, Line 72029-30 2030-31 budget year and determined pursuant to section

• Page 9, Line 822-54-103.5 for reports concerning the 2030-31 2031-32 budget year and

• Page 9, Line 9each budget year thereafter, is being used at the school level, including

• Page 9, Line 10traditional public schools, district charter schools, and institute charter

• Page 9, Line 11schools, and information currently reported by the department of education in district performance snapshots; and

• Page 9, Line 12SECTION 7.  In Colorado Revised Statutes, 22-54-103.3, amend

• Page 9, Line 13(1)(a), (1)(c), (2), (3), (4), (5)(b)(I) introductory portion, (5)(c)(I)(C), and (6) as follows:

• Page 9, Line 1422-54-103.3.  District total program - 2025-26 through 2030-31

• Page 9, Line 15budget years - definitions - repeal. (1) (a)  Notwithstanding any

• Page 9, Line 16provision of law to the contrary, for the 2025-26 budget year through the

• Page 9, Line 172029-30 2030-31 budget year, the department of education shall

• Page 9, Line 18determine each district's total program pursuant to this section. The

• Page 9, Line 19district's total program is available to the district to fund the costs of

• Page 9, Line 20providing public education, and, except as otherwise provided in section

• Page 9, Line 2122-54-105, the district has the discretion to determine the amounts and purposes for budgeting and expending its district total program money.

• Page 9, Line 22(c)  As used in this section, "for the 2025-26 budget year through

• Page 9, Line 23the 2029-30 2030-31 budget year" means the 2025-26 budget year, the

• Page 10, Line 12026-27 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 10, Line 2(2)  For the 2025-26 budget year through the 2029-30 2030-31

• Page 10, Line 3budget year, the department of education shall calculate each district's total program pursuant to sections 22-54-103.5 and 22-54-104.

• Page 10, Line 4(3) (a)  For the 2025-26 budget year, through the 2029-30 budget

• Page 10, Line 5year a district's total program is the greater of the district's total program

• Page 10, Line 6calculation pursuant to section 22-54-104 plus one-half percent of the

• Page 10, Line 7district's total program calculation pursuant to section 22-54-104; or

• Page 10, Line 8determination for the 2024-25 budget year, or the amount

• Page 10, Line 9calculated pursuant to section 22-54-104 plus an amount equal

• Page 10, Line 10to fifteen percent of the difference between the district's total

• Page 10, Line 11program calculation pursuant to section 22-54-103.5 and the

• Page 10, Line 12district's total program calculation pursuant to section 22-54-104.

• Page 10, Line 13(a)  For the 2025-26 budget year, the amount calculated pursuant

• Page 10, Line 14to section 22-54-104 plus an amount equal to eighteen percent of the

• Page 10, Line 15difference between the district's total program calculation pursuant to

• Page 10, Line 16section 22-54-103.5 and the district's total program calculation pursuant to section 22-54-104;

• Page 10, Line 17(b)  For the 2026-27 budget year, the amount calculated pursuant

• Page 10, Line 18to section 22-54-104 plus an amount equal to thirty-four percent of the

• Page 10, Line 19difference between the district's total program calculation pursuant to

• Page 10, Line 20section 22-54-103.5 and the district's total program calculation pursuant

• Page 10, Line 21to section 22-54-104 For the 2026-27 budget year, a district's total

• Page 10, Line 22program is the greater of the district's total program

• Page 10, Line 23determination for the 2024-25 budget year or the amount

• Page 11, Line 1calculated pursuant to section 22-54-104 plus an amount equal

• Page 11, Line 2to thirty percent of the difference between the district's total

• Page 11, Line 3program calculation pursuant to section 22-54-103.5 and the

• Page 11, Line 4district's total program calculation pursuant to section 22-54-104.

• Page 11, Line 5(c)  For the 2027-28 budget year through the 2030-31 budget

• Page 11, Line 6year,the amount calculated pursuant to section 22-54-104 plus an

• Page 11, Line 7amount equal to fifty percent of the difference between the district's total

• Page 11, Line 8program calculation pursuant to section 22-54-103.5 and the district's

• Page 11, Line 9total program calculation pursuant to section 22-54-104 a district's

• Page 11, Line 10total program is the greater of the district's total program

• Page 11, Line 11calculation pursuant to section 22-54-104 plus one percent of

• Page 11, Line 12the district's total program calculation pursuant to section 22-54-104, or:

• Page 11, Line 13(c)  (I)  For the 2027-28 budget year, the amount calculated

• Page 11, Line 14pursuant to section 22-54-104 plus an amount equal to fifty forty-five

• Page 11, Line 15percent of the difference between the district's total program calculation

• Page 11, Line 16pursuant to section 22-54-103.5 and the district's total program calculation pursuant to section 22-54-104;

• Page 11, Line 17(d)  (II)  For the 2028-29 budget year, the amount calculated

• Page 11, Line 18pursuant to section 22-54-104 plus an amount equal to sixty-six sixty

• Page 11, Line 19percent of the difference between the district's total program calculation

• Page 11, Line 20pursuant to section 22-54-103.5 and the district's total program calculation pursuant to section 22-54-104; and

• Page 11, Line 21(e)  (III)  For the 2029-30 budget year, the amount calculated

• Page 11, Line 22pursuant to section 22-54-104 plus an amount equal to eighty-two

• Page 11, Line 23seventy-five percent of the difference between the district's total

• Page 12, Line 1program calculation pursuant to section 22-54-103.5 and the district's total program calculation pursuant to section 22-54-104; and

• Page 12, Line 2(IV)  For the 2030-31 budget year, the amount calculated

• Page 12, Line 3pursuant to section 22-54-104 plus an amount equal to ninety

• Page 12, Line 4percent of the difference between the district's total program

• Page 12, Line 5calculation pursuant to section 22-54-103.5 and the district's total program calculation pursuant to section 22-54-104.

• Page 12, Line 6(4)  For the 2024-25 budget year through the 2029-30 2030-31

• Page 12, Line 7budget year, the joint budget committee shall monitor the fiscal impact of

• Page 12, Line 8the district total program determinations pursuant to this section and the

• Page 12, Line 9fiscal impact of the transition to the total program formula pursuant to

• Page 12, Line 10section 22-54-103.5. At a minimum, the joint budget committee shall

• Page 12, Line 11consider immediate and forecasted economic conditions, the impact or

• Page 12, Line 12trend of the statewide total local share of total program funding, the

• Page 12, Line 13impact or trend of the state education fund, and any other data-driven

• Page 12, Line 14considerations necessary to ensure the sustainable transition to and

• Page 12, Line 15implementation of a new total program formula. The joint budget

• Page 12, Line 16committee and the general assembly may take action necessary to ensure

• Page 12, Line 17the sustainable transition to and implementation of a new total program

• Page 12, Line 18formula. On or after January 1, 2025, when the department of education

• Page 12, Line 19makes mid-year adjustments, the joint budget committee shall develop a

• Page 12, Line 20sustainability plan that makes findings and recommendations regarding

• Page 12, Line 21how the general assembly can fully fund total program determinations

• Page 12, Line 22pursuant to sections 22-54-103.3 and 22-54-103.5. On or after January 1,

• Page 12, Line 232026, and on or after January 1 each year thereafter, when the department

• Page 12, Line 24of education makes mid-year adjustments, the joint budget committee

• Page 12, Line 25shall review the sustainability plan and update it as necessary.

• Page 13, Line 1(5) (b) (I)  Notwithstanding any provision of this article 54, for the

• Page 13, Line 22024-25 budget year through the 2029-30 2030-31 budget year, if the

• Page 13, Line 3joint budget committee determines that any one of the conditions described in subsection (5)(c) of this section occurred:

• Page 13, Line 4(c) (I)  The requirements described in subsection (5)(b) of this section are initiated if:

• Page 13, Line 5(C)  In either an assessment year or a non-assessment year, the

• Page 13, Line 6March revenue forecast relied on by the general assembly in setting the

• Page 13, Line 7budget for the next state fiscal year estimates that the income tax

• Page 13, Line 8diversion deposit to the state education fund, as required pursuant to

• Page 13, Line 9section 17 of article IX of the state constitution, will decrease by five

• Page 13, Line 10percent or more in either the current budget year or the next budget year.

• Page 13, Line 11If the joint budget committee determines based on forecast

• Page 13, Line 12estimates, as described in this subsection (5)(c)(I)(C), that the

• Page 13, Line 13income tax deposit to the state education fund will decrease by

• Page 13, Line 14five percent or more in either the current budget year or the

• Page 13, Line 15next budget year as a result of a correction to an error in the

• Page 13, Line 16total amount of state education fund revenues deposited as set

• Page 13, Line 17forth in section 22-55-103 (2), then this subsection (5)(c)(I)(C)

• Page 13, Line 18does not initiate the requirements of subsection (5)(b) of this section.

• Page 13, Line 19(6)  This section is repealed, effective July 1, 2031 July 1, 2032.

• Page 13, Line 20SECTION 8.  In Colorado Revised Statutes, 22-54-103.5, amend

• Page 13, Line 21(1)(a), (1)(c)(I), (1)(c)(III), (4), and (12)(d); and add (3) and (14) as follows:

• Page 13, Line 2222-54-103.5.  District total program - rules - legislative

• Page 13, Line 23declaration - repeal. (1) (a)  For the 2030-31 2031-32 budget year and

• Page 14, Line 1each budget year thereafter, the department of education shall use this

• Page 14, Line 2section to determine each district's total program. The district's total

• Page 14, Line 3program is available to the district to fund the costs of providing public

• Page 14, Line 4education, and, except as otherwise provided in section 22-54-105, the

• Page 14, Line 5district has the discretion to determine the amounts and purposes for budgeting and expending its district total program money.

• Page 14, Line 6(c) (I)  Notwithstanding any provision of law to the contrary, for

• Page 14, Line 7the 2025-26 budget year through the 2029-30 2030-31 budget year, the

• Page 14, Line 8department of education shall calculate each district's total program

• Page 14, Line 9pursuant to this section for the purpose of determining each district's total

• Page 14, Line 10program pursuant to section 22-54-103.3. The district's total program is

• Page 14, Line 11available to the district to fund the costs of providing public education,

• Page 14, Line 12and, except as otherwise provided in section 22-54-105, the district has

• Page 14, Line 13the discretion to determine the amounts and purposes for budgeting and expending its district total program money.

• Page 14, Line 14(III)  This subsection (1)(c) is repealed, effective July 1, 2031 July 1, 2032.

• Page 14, Line 15(3)  Statewide base per pupil funding. (a) (I)  For the 2025-26

• Page 14, Line 16budget year, the statewide base per pupil funding is eight

• Page 14, Line 17thousand six hundred ninety-one dollars and eighty cents

• Page 14, Line 18($8,691.80), which is an amount equal to eight thousand four

• Page 14, Line 19hundred ninety-six dollars and thirty-eight cents ($8,496.38),

• Page 14, Line 20supplemented by one hundred ninety-five dollars and forty-two cents ($195.42) to account for inflation.

• Page 14, Line 21(II)  This subsection (3)(a) is repealed, effective July 1, 2031.

• (b)  (Reserved)

• Page 14, Line 22(4)  Funded pupil count. Funded pupil count is:

• Page 15, Line 1(a) (I)  For the 2025-26 budget year, the district's online pupil

• Page 15, Line 2enrollment for the applicable budget year plus the district's supplemental

• Page 15, Line 3kindergarten enrollment for the applicable budget year plus the district's

• Page 15, Line 4extended high school pupil enrollment for the applicable budget year plus the greater of:

• Page 15, Line 5(I)  (A)  The district's pupil enrollment for the applicable budget year;

• Page 15, Line 6(II)  (B)  The average of the district's pupil enrollment for the

• Page 15, Line 7applicable budget year and the district's pupil enrollment for the immediately preceding budget year;

• Page 15, Line 8(III)  (C)  The average of the district's pupil enrollment for the

• Page 15, Line 9applicable budget year and the district's pupil enrollment for the two immediately preceding budget years; or

• Page 15, Line 10(IV)  (D)  The average of the district's pupil enrollment for the

• Page 15, Line 11applicable budget year and the district's pupil enrollment for the three immediately preceding budget years.

• Page 15, Line 12(b) (I)  (II)  Notwithstanding any provision of law to the contrary,

• Page 15, Line 13for purposes of this subsection (4)(a), of this section, a district's funded

• Page 15, Line 14pupil count includes the certified pupil enrollment and online pupil

• Page 15, Line 15enrollment of each operating institute charter school for which the district

• Page 15, Line 16is the accounting district, as provided pursuant to subsections (4)(b)(II)

• Page 15, Line 17and (4)(b)(III) subsections (4)(a)(III) and (4)(a)(IV) of this section. The

• Page 15, Line 18department of education shall add the institute charter school's certified

• Page 15, Line 19pupil enrollment and online pupil enrollment to the funded pupil count of

• Page 15, Line 20the district prior to calculating the district's total program pursuant to this section.

• Page 15, Line 21(II)  (III)  For purposes of subsection (4)(b)(I) subsection

• Page 16, Line 1(4)(a)(II) of this section, each operating institute charter school's certified pupil enrollment is the greater of:

• Page 16, Line 2(A)  The operating institute charter school's pupil enrollment for the applicable budget year;

• Page 16, Line 3(B)  The average of the operating institute charter school's pupil

• Page 16, Line 4enrollment for the applicable budget year and the operating institute

• Page 16, Line 5charter school's pupil enrollment for the immediately preceding budget year;

• Page 16, Line 6(C)  The average of the operating institute charter school's pupil

• Page 16, Line 7enrollment for the applicable budget year and the operating institute

• Page 16, Line 8charter school's pupil enrollment for the two immediately preceding budget years; or

• Page 16, Line 9(D)  The average of the operating institute charter school's pupil

• Page 16, Line 10enrollment for the applicable budget year and the operating institute

• Page 16, Line 11charter school's pupil enrollment for the three immediately preceding budget years.

• Page 16, Line 12(III)  (IV)  Notwithstanding any provision of law to the contrary,

• Page 16, Line 13for purposes of subsection (4)(b)(II) subsection (4)(a)(III) of this

• Page 16, Line 14section, an operating institute charter school's pupil enrollment includes

• Page 16, Line 15its online student enrollment, except for multi-district online school student enrollment.

• Page 16, Line 16(c)  (V)  The general assembly finds and declares that for the

• Page 16, Line 17purposes of section 17 of article IX of the state constitution, averaging a

• Page 16, Line 18district's pupil enrollment for the applicable budget year and the district's

• Page 16, Line 19pupil enrollment for the three immediately preceding budget years

• Page 16, Line 20pursuant to this subsection (4) subsection (4)(a), and averaging an

• Page 16, Line 21operating institute charter school's student enrollment and online pupil

• Page 17, Line 1enrollment pursuant to this subsection (4) subsection (4)(a), is a

• Page 17, Line 2program for accountable education reform and may therefore receive

• Page 17, Line 3funding from the state education fund created in section 17 (4) of article IX of the state constitution.

• Page 17, Line 4(d) (I)  (VI) (A)  Notwithstanding any provision of law to the

• Page 17, Line 5contrary, for the purposes of this subsection (4) subsection (4)(a), a

• Page 17, Line 6district's pupil enrollment for the applicable budget year and a district's

• Page 17, Line 7pupil enrollment for a preceding budget year do not include a pupil who

• Page 17, Line 8is or was enrolled in a charter school that was originally authorized by the

• Page 17, Line 9district but was subsequently converted, on or after July 1, 2010, to an

• Page 17, Line 10institute charter school or to a charter school of a district contiguous to the originally original authorizing district.

• Page 17, Line 11(II)  (B)  Notwithstanding any provision of this subsection (4)

• Page 17, Line 12subsection (4)(a) to the contrary, for the purposes of this subsection (4)

• Page 17, Line 13subsection (4)(a), if a district's funded pupil count calculated pursuant

• Page 17, Line 14to this subsection (4) subsection (4)(a), for a budget year is fewer than

• Page 17, Line 15sixty students, the district's funded pupil count for the budget year is sixty students.

• Page 17, Line 16(b) (I)  For the 2026-27 budget year, and each budget year

• Page 17, Line 17thereafter, the district's online pupil enrollment for the

• Page 17, Line 18applicable budget year plus the district's supplemental

• Page 17, Line 19kindergarten enrollment for the applicable budget year plus

• Page 17, Line 20the district's extended high school pupil enrollment for the applicable budget year plus the greater of:

• Page 17, Line 21(A)  The district's pupil enrollment for the applicable budget year;

• Page 17, Line 22(B)  The average of the district's pupil enrollment for the

• Page 18, Line 1applicable budget year and the district's pupil enrollment for the immediately preceding budget year; or

• Page 18, Line 2(C)  The average of the district's pupil enrollment for the

• Page 18, Line 3applicable budget year and the district's pupil enrollment for the two immediately preceding budget years.

• Page 18, Line 4(II)  Notwithstanding any provision of law to the

• Page 18, Line 5contrary, for purposes of this subsection (4)(b), a district's

• Page 18, Line 6funded pupil count includes the certified pupil enrollment and

• Page 18, Line 7online pupil enrollment of each operating institute charter

• Page 18, Line 8school for which the district is the accounting district, as

• Page 18, Line 9provided pursuant to subsections (4)(b)(III) and (4)(b)(IV) of this

• Page 18, Line 10section. The department of education shall add the institute

• Page 18, Line 11charter school's certified pupil enrollment and online pupil

• Page 18, Line 12enrollment to the funded pupil count of the district prior to

• Page 18, Line 13calculating the district's total program pursuant to this section.

• Page 18, Line 14(III)  For purposes of subsection (4)(b)(II) of this section,

• Page 18, Line 15each operating institute charter school's certified pupil enrollment is the greater of:

• Page 18, Line 16(A)  The operating institute charter school's pupil enrollment for the applicable budget year;

• Page 18, Line 17(B)  The average of the operating institute charter

• Page 18, Line 18school's pupil enrollment for the applicable budget year and

• Page 18, Line 19the operating institute charter school's pupil enrollment for the immediately preceding budget year; and

• Page 18, Line 20(C)  The average of the operating institute charter

• Page 18, Line 21school's pupil enrollment for the applicable budget year and

• Page 19, Line 1the operating institute charter school's pupil enrollment for the two immediately preceding budget years.

• Page 19, Line 2(IV)  Notwithstanding any provision of law to the

• Page 19, Line 3contrary, for purposes of subsection (4)(b)(III) of this section, an

• Page 19, Line 4operating institute charter school's pupil enrollment includes

• Page 19, Line 5its online student enrollment, except for multi-district online school student enrollment.

• Page 19, Line 6(V)  The general assembly finds and declares that for the

• Page 19, Line 7purposes of section 17 of article IX of the state constitution,

• Page 19, Line 8averaging a district's pupil enrollment for the applicable

• Page 19, Line 9budget year and the district's pupil enrollment for the two

• Page 19, Line 10immediately preceding budget years pursuant to this subsection

• Page 19, Line 11(4)(b), and averaging an operating institute charter school's

• Page 19, Line 12student enrollment and online pupil enrollment pursuant to

• Page 19, Line 13this subsection (4)(b), is a program for accountable education

• Page 19, Line 14reform and may therefore receive funding from the state

• Page 19, Line 15education fund created in section 17 (4) of article IX of the state constitution.

• Page 19, Line 16 (VI) (A)  Notwithstanding any provision of law to the

• Page 19, Line 17contrary, for the purposes of this subsection (4)(b), a district's

• Page 19, Line 18pupil enrollment for the applicable budget year and a district's

• Page 19, Line 19pupil enrollment for a preceding budget year do not include a

• Page 19, Line 20pupil who is or was enrolled in a charter school that was

• Page 19, Line 21originally authorized by the district but was subsequently

• Page 19, Line 22converted, on or after July 1, 2010, to an institute charter

• Page 19, Line 23school or to a charter school of a district contiguous to the

• Page 19, Line 24original authorizing district.

• Page 20, Line 1(B)  Notwithstanding any provision of this subsection

• Page 20, Line 2(4)(b) to the contrary, for the purposes of this subsection (4)(b),

• Page 20, Line 3if a district's funded pupil count calculated pursuant to this

• Page 20, Line 4subsection (4)(b) for a budget year is fewer than sixty students,

• Page 20, Line 5the district's funded pupil count for the budget year is sixty students.

• Page 20, Line 6(c)  Notwithstanding subsections (4)(a) and (4)(b) of this

• Page 20, Line 7section, if, for the 2026-27 budget year, each district's total

• Page 20, Line 8program is not determined pursuant to section 22-54-103.3 (3)(b),

• Page 20, Line 9then funded pupil count is determined pursuant to subsection

• Page 20, Line 10(4)(a) of this section for the 2026-27 budget year and each budget year thereafter.

• Page 20, Line 11(d) (I)  Notwithstanding subsection (4)(b) of this section, if

• Page 20, Line 12the state education fund balance is projected to be less than

• Page 20, Line 13two hundred million dollars as of June 30, 2027, based on

• Page 20, Line 14information contained in the March 2027 revenue forecast

• Page 20, Line 15prepared by the legislative council staff, then for the 2027-28

• Page 20, Line 16budget year and each budget year thereafter, the general

• Page 20, Line 17assembly shall implement a smoothing factor or the funded

• Page 20, Line 18pupil count is the district's online pupil enrollment for the

• Page 20, Line 19applicable budget year plus the district's supplemental

• Page 20, Line 20kindergarten enrollment for the applicable budget year plus

• Page 20, Line 21the district's extended high school pupil enrollment for the applicable budget year plus the greater of:

• Page 20, Line 22(A)  The district's pupil enrollment for the applicable budget year; or

• Page 20, Line 23(B)  The average of the district's pupil enrollment for the

• Page 21, Line 1applicable budget year and the district's pupil enrollment for the immediately preceding budget year.

• Page 21, Line 2(I.5)  If the general assembly is required to implement a

• Page 21, Line 3smoothing factor pursuant to subsection (4)(d)(I) of this section,

• Page 21, Line 4then prior to the smoothing factor's implementation, the

• Page 21, Line 5general assembly shall consult a statewide association that

• Page 21, Line 6represents school districts regarding the development and

• Page 21, Line 7implementation of a smoothing factor. The consultation must

• Page 21, Line 8include and consider the opinions of superintendents and chief

• Page 21, Line 9financial officers of small rural school districts, rural school districts, suburban school districts, and urban school districts.

• Page 21, Line 10(II)  Notwithstanding any provision of law to the

• Page 21, Line 11contrary, for purposes of this subsection (4)(d), a district's

• Page 21, Line 12funded pupil count includes the certified pupil enrollment and

• Page 21, Line 13online pupil enrollment of each operating institute charter

• Page 21, Line 14school for which the district is the accounting district, as

• Page 21, Line 15provided pursuant to subsections (4)(d)(III) and (4)(d)(IV) of this

• Page 21, Line 16section. The department of education shall add the institute

• Page 21, Line 17charter school's certified pupil enrollment and online pupil

• Page 21, Line 18enrollment to the funded pupil count of the district prior to

• Page 21, Line 19calculating the district's total program pursuant to this section.

• Page 21, Line 20(III)  For purposes of subsection (4)(d)(II) of this section,

• Page 21, Line 21each operating institute charter school's certified pupil enrollment is the greater of:

• Page 21, Line 22(A)  The operating institute charter school's pupil

• Page 21, Line 23enrollment for the applicable budget year; or

• Page 22, Line 1(B)  The average of the operating institute charter

• Page 22, Line 2school's pupil enrollment for the applicable budget year and

• Page 22, Line 3the operating institute charter school's pupil enrollment for the immediately preceding budget year.

• Page 22, Line 4(IV)  Notwithstanding any provision of law to the

• Page 22, Line 5contrary, for purposes of subsection (4)(d)(III) of this section, an

• Page 22, Line 6operating institute charter school's pupil enrollment includes

• Page 22, Line 7its online student enrollment, except for multi-district online school student enrollment.

• Page 22, Line 8(V) (A)  Notwithstanding any provision of law to the

• Page 22, Line 9contrary, for the purposes of this subsection (4)(d), a district's

• Page 22, Line 10pupil enrollment for the applicable budget year does not

• Page 22, Line 11include a pupil who is or was enrolled in a charter school that

• Page 22, Line 12was originally authorized by the district but was subsequently

• Page 22, Line 13converted, on or after July 1, 2010, to an institute charter

• Page 22, Line 14school or to a charter school of a district contiguous to the original authorizing district.

• Page 22, Line 15(B)  Notwithstanding any provision of this subsection

• Page 22, Line 16(4)(d) to the contrary, for the purposes of this subsection (4)(d),

• Page 22, Line 17if a district's funded pupil count calculated pursuant to this

• Page 22, Line 18subsection (4)(d) for a budget year is fewer than sixty students,

• Page 22, Line 19the district's funded pupil count for the budget year is sixty students.

• Page 22, Line 20(e)  If the department of education determines that a

• Page 22, Line 21district's pupil enrollment or operating institute charter

• Page 22, Line 22school's pupil enrollment for a preceding budget year included

• Page 22, Line 23pupils who were not reported as multi-district online pupils, but

• Page 23, Line 1were determined by the department of education to have been

• Page 23, Line 2educated in a setting that was equivalent to a multi-district

• Page 23, Line 3online program, the department of education shall use the

• Page 23, Line 4adjusted district pupil enrollment or operating institute

• Page 23, Line 5charter school's pupil enrollment for that preceding budget

• Page 23, Line 6year when determining funded pupil count pursuant to this subsection (4).

• Page 23, Line 7(12)  District locale factor funding. (d)  A district's classification,

• Page 23, Line 8as described pursuant to subsection (12)(b) or (12)(c) of this section, is

• Page 23, Line 9determined by the latest classifications or classification criteria issued by

• Page 23, Line 10the national center for education statistics in the institute of education

• Page 23, Line 11sciences of the United States department of education education's

• Page 23, Line 12latest classification criteria or the classification criteria

• Page 23, Line 13issued immediately prior to the latest classification criteria, whichever is the greater percentage.

• Page 23, Line 14(14)  Total program funding. (a) (I)  For the 2025-26 budget

• Page 23, Line 15year, the department of education and the staff of the

• Page 23, Line 16legislative council shall determine, based on budget

• Page 23, Line 17projections, the amount to ensure that for the 2025-26 budget

• Page 23, Line 18year, the sum of total program funding for all districts,

• Page 23, Line 19including funding for institute charter schools, is at least ten

• Page 23, Line 20billion thirty-five million six hundred fifteen thousand nine

• Page 23, Line 21hundred seventeen dollars and eighty cents ($10,035,615,917.80);

• Page 23, Line 22except that the department of education and the staff of the

• Page 23, Line 23legislative council shall make mid-year revisions to replace

• Page 23, Line 24projections with actual figures, including actual pupil

• Page 23, Line 25enrollment, assessed valuations, and specific ownership tax

• Page 24, Line 1revenue from the prior year, to determine any necessary

• Page 24, Line 2changes in the amount to maintain total program funding for the applicable budget year.

• Page 24, Line 3(II)  This subsection (14)(a) is repealed, effective July 1, 2031.

• Page 24, Line 4(b)  (Reserved)

• Page 24, Line 5SECTION 9.  In Colorado Revised Statutes, 22-54-104, amend (1)(c)(I) and (8); and add (7)(i) and (7)(j) as follows:

• Page 24, Line 622-54-104.  District total program - legislative declaration -

• Page 24, Line 7definitions - repeal. (1) (c) (I)  Notwithstanding any provision of law to

• Page 24, Line 8the contrary, for the 2025-26 budget year through the 2029-30 2030-31

• Page 24, Line 9budget year, the department of education shall calculate each district's

• Page 24, Line 10total program pursuant to this section for the purpose of determining each

• Page 24, Line 11district's total program pursuant to section 22-54-103.3. The district's total

• Page 24, Line 12program is available to the district to fund the costs of providing public

• Page 24, Line 13education, and, except as otherwise provided in section 22-54-105, the

• Page 24, Line 14district has the discretion to determine the amounts and purposes for budgeting and expending its district total program money.

• Page 24, Line 15(7) (i)  Notwithstanding any provision of this subsection

• Page 24, Line 16(7), for the 2027-28 budget year and each budget year

• Page 24, Line 17thereafter, when calculating each district's total program

• Page 24, Line 18pursuant to this section for the purpose of determining a

• Page 24, Line 19district's total program pursuant to section 22-54-103.3, the

• Page 24, Line 20department of education shall use the same funded pupil count

• Page 24, Line 21that it uses pursuant to section 22-54-103.5 (4) for the purpose of

• Page 24, Line 22determining a district's total program pursuant to section

• Page 24, Line 2322-54-103.3.

• Page 25, Line 1(j)  If the department of education determines that a

• Page 25, Line 2district's pupil enrollment or operating institute charter

• Page 25, Line 3school's pupil enrollment for a preceding budget year included

• Page 25, Line 4pupils who were not reported as multi-district online pupils, but

• Page 25, Line 5were determined by the department of education to have been

• Page 25, Line 6educated in a setting that was equivalent to a multi-district

• Page 25, Line 7online program, the department of education shall use the

• Page 25, Line 8adjusted district pupil enrollment or operating institute

• Page 25, Line 9charter school's pupil enrollment for that preceding budget

• Page 25, Line 10year when determining funded pupil count pursuant to this subsection (7).

• Page 25, Line 11(8)  This section is repealed, effective July 1, 2031 July 1, 2032.

• Page 25, Line 12SECTION 10.  In Colorado Revised Statutes, 22-54-104.6,

• Page 25, Line 13amend (3) introductory portion and (12); and repeal (4) and (11.5) as follows:

• Page 25, Line 1422-54-104.6.  Implementation of at-risk measure - working

• Page 25, Line 15group - creation - department duties - reports - legislative declaration

• Page 25, Line 16- definitions - repeal. (3)  Beginning in the 2025-26 2026-27 budget

• Page 25, Line 17year, there is created a new at-risk measure in the public school funding

• Page 25, Line 18formula for identifying students who are at risk of below-average

• Page 25, Line 19academic outcomes because of socioeconomic disadvantage or poverty.

• Page 25, Line 20The new at-risk measure replaces the at-risk measure in effect for the

• Page 25, Line 212024-25 2025-26 budget year. The new at-risk measure is designed to

• Page 25, Line 22allocate financial resources to public schools to serve the needs of at-risk students. The new at-risk measure includes:

• Page 25, Line 23(4)  On or before August 15, 2022, the commissioner shall

• Page 25, Line 24convene a working group to prepare for the implementation in the

• Page 26, Line 12024-25 budget year of the new at-risk measure created in subsection (3) of this section.

• Page 26, Line 2(11.5) (a)  In order to prepare for the implementation of the new

• Page 26, Line 3at-risk measure for the 2024-25 budget year, the department of education

• Page 26, Line 4shall conduct pre-implementation modeling and testing of the new at-risk

• Page 26, Line 5measure. At a minimum, the department shall simulate 2024-25 budget

• Page 26, Line 6year total program calculations, including the new at-risk measure

• Page 26, Line 7recommended by the working group instead of the at-risk measure in effect for the 2023-24 budget year.

• Page 26, Line 8(b)  Not later than January 5, 2024, the commissioner of education

• Page 26, Line 9shall submit a report to the education committees of the senate and house

• Page 26, Line 10of representatives, or any successor committees, and the joint budget committee, including:

• Page 26, Line 11(I)  A summary of the outcomes of the modeling and testing using

• Page 26, Line 12the new at-risk measure, and the anticipated effects on the cost of total program funding;

• Page 26, Line 13(II)  An identification of issues encountered in the modeling and testing using the new at-risk measure; and

• Page 26, Line 14(III)  Recommendations for any legislation necessary to implement

• Page 26, Line 15the new at-risk measure for the 2024-25 budget year, as well as financial resources needed to administer the new at-risk measure.

• Page 26, Line 16(12)  Subsections (4) to (11) Subsections (5)to (11) of this section are repealed, effective July 1, 2025 July 1, 2026.

• Page 26, Line 17SECTION 11.  In Colorado Revised Statutes, 22-43.7-104, amend (1) and (2)(d)(I) as follows:

• Page 26, Line 1822-43.7-104.  Public school capital construction assistance fund

• Page 26, Line 19- creation - crediting of money to fund - use of fund - emergency

• Page 27, Line 1reserve - creation - reserve account - creation and use - definition.

• Page 27, Line 2(1) (a)  The public school capital construction assistance fund is hereby

• Page 27, Line 3created in the state treasury. Subject to the limitation set forth in

• Page 27, Line 4subsection (1)(b)(I) of this section, the principal of the assistance fund

• Page 27, Line 5shall consist consists of all moneys money transferred or credited to the

• Page 27, Line 6assistance fund pursuant to subsection (2) of this section. Except as

• Page 27, Line 7otherwise provided in subsection (1)(b)(I) of this section, all

• Page 27, Line 8interest and income earned on the deposit and investment of moneys

• Page 27, Line 9money in the assistance fund shall be is credited to the assistance fund

• Page 27, Line 10and shall not be is not transferred to the general fund or any other fund at the end of any fiscal year.

• Page 27, Line 11(b) (I) (A)  For the 2025-26 state fiscal year, and each state

• Page 27, Line 12fiscal year thereafter, the total amount of revenue credited in

• Page 27, Line 13the state fiscal year to the assistance fund pursuant to this

• Page 27, Line 14section must not exceed one hundred fifty million dollars,

• Page 27, Line 15which amount must be annually adjusted for inflation for each

• Page 27, Line 16state fiscal year thereafter and must include the lesser of the

• Page 27, Line 17first forty million dollars or all the money received from the

• Page 27, Line 18excise tax on retail marijuana that is required to be credited to

• Page 27, Line 19the assistance fund pursuant to section 16 (5)(d) of article XVIII of the state constitution.

• Page 27, Line 20(B)  For the 2025-26 state fiscal year, and each state fiscal

• Page 27, Line 21year thereafter, the state treasurer shall credit to the state

• Page 27, Line 22public school fund created in section 22-54-114 (1) any amount of

• Page 27, Line 23revenue that exceeds in the state fiscal year one hundred fifty

• Page 27, Line 24million dollars, as adjusted annually for inflation for state

• Page 27, Line 25fiscal years commencing on or after July 1, 2026, that otherwise

• Page 28, Line 1would be credited to the assistance fund pursuant to this section.

• Page 28, Line 2(II)  As used in this subsection (1)(b), "inflation" means the

• Page 28, Line 3annual percentage increase in the United States department of

• Page 28, Line 4labor's bureau of labor statistics consumer price index, or a

• Page 28, Line 5successor index, for Denver-Aurora-Lakewood for all items paid for by urban consumers.

• Page 28, Line 6(2) (d) (I) (A)  For the state fiscal year commencing July 1, 2018,

• Page 28, Line 7the state treasurer, as provided in section 39-28.8-305 (1)(a), shall credit

• Page 28, Line 8to the assistance fund the greater of the first forty million dollars received

• Page 28, Line 9and collected from the excise tax on retail marijuana imposed pursuant to

• Page 28, Line 10part 3 of article 28.8 of title 39 or ninety percent of the money received

• Page 28, Line 11and collected from the tax. For the state fiscal year commencing July 1,

• Page 28, Line 122019, and for each state fiscal year thereafter except for the state fiscal

• Page 28, Line 13year commencing July 1, 2020, the state treasurer, as provided in section

• Page 28, Line 1439-28.8-305 (1)(a), shall annually credit to the assistance fund all of the

• Page 28, Line 15money received and collected from the excise tax on retail marijuana

• Page 28, Line 16imposed pursuant to part 3 of article 28.8 of title 39. For the state fiscal

• Page 28, Line 17year commencing July 1, 2020, the state treasurer, as provided in section

• Page 28, Line 1839-28.8-305 (1)(a), shall credit to the assistance fund the lesser of the first

• Page 28, Line 19forty million dollars received and collected from the excise tax on retail

• Page 28, Line 20marijuana imposed pursuant to part 3 of article 28.8 of title 39 or all of

• Page 28, Line 21the money received and collected from the tax. For state fiscal years

• Page 28, Line 22commencing before July 1, 2019, the state treasurer shall credit twelve

• Page 28, Line 23and five-tenths percent of the amount annually credited pursuant to this

• Page 28, Line 24subsection (2)(d) to the charter school facilities assistance account, which

• Page 28, Line 25account is created within the assistance fund. For each state fiscal year

• Page 29, Line 1commencing on or after July 1, 2019, the state treasurer shall credit to the

• Page 29, Line 2charter school facilities assistance account a percentage of the amount

• Page 29, Line 3credited pursuant to this subsection (2)(d) that is equal to the percentage

• Page 29, Line 4of pupil enrollment, as defined in section 22-54-103 (10), statewide

• Page 29, Line 5represented by pupils who were enrolled in charter schools for the prior

• Page 29, Line 6school year. The department of education shall notify the state treasurer

• Page 29, Line 7of the applicable percentage no later than June 1 of the immediately

• Page 29, Line 8preceding fiscal year For the state fiscal year commencing July 1,

• Page 29, Line 92019, and for each state fiscal year thereafter, the state

• Page 29, Line 10treasurer, as provided in section 39-28.8-305 (1)(a), shall

• Page 29, Line 11annually credit to the assistance fund all of the money

• Page 29, Line 12received and collected from the excise tax on retail marijuana

• Page 29, Line 13imposed 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 29, Line 14(B)  There is created within the assistance fund the

• Page 29, Line 15charter school facilities assistance account. For the 2019-20

• Page 29, Line 16state fiscal year, and each state fiscal year thereafter, the

• Page 29, Line 17state treasurer shall credit to the charter school facilities

• Page 29, Line 18assistance account a percentage of the amount credited

• Page 29, Line 19pursuant to this subsection (2)(d) that is equal to the

• Page 29, Line 20percentage of pupil enrollment, as defined in section 22-54-103,

• Page 29, Line 21statewide represented by pupils who were enrolled in charter

• Page 29, Line 22schools for the prior school year. The department of education

• Page 29, Line 23shall notify the state treasurer of the applicable percentage no later than June 1 of the immediately preceding state fiscal year.

• Page 29, Line 24SECTION 12.  In Colorado Revised Statutes, 22-7-1209, amend

• Page 29, Line 25(7) as follows:

• Page 30, Line 122-7-1209.  State board - rules - department - duties.

• Page 30, Line 2(7)  Beginning in the 2019-20 budget year, the department shall contract

• Page 30, Line 3with an entity to develop and implement a public information campaign

• Page 30, Line 4to emphasize the importance of learning to read by third grade and to

• Page 30, Line 5highlight the local education providers that are achieving high

• Page 30, Line 6percentages of third-grade students who demonstrate reading competency.

• Page 30, Line 7The public information campaign must be disseminated statewide and

• Page 30, Line 8must emphasize the important roles that educators and parents have in

• Page 30, Line 9teaching children to read and in providing a school and home

• Page 30, Line 10environment that promotes reading. The department is encouraged to

• Page 30, Line 11work with the public and private library agencies throughout the state in developing and implementing the public information campaign.

• Page 30, Line 12SECTION 13.  In Colorado Revised Statutes, 42-1-102, amend (88) and (88.5)(a); and add (60.2) as follows:

• Page 30, Line 1342-1-102.  Definitions. As used in articles 1 to 4 of this title 42, unless the context otherwise requires:

• Page 30, Line 14(60.2)  "Multifunction school activity bus" means a motor

• Page 30, Line 15vehicle that is designed and used specifically for the

• Page 30, Line 16transportation of school children to or from a school-related

• Page 30, Line 17activity, whether the activity occurs within or outside the

• Page 30, Line 18territorial limits of a school district and whether or not the

• Page 30, Line 19activity occurs during school hours. A "multifunction school

• Page 30, Line 20activity bus" must comply with all federal motor vehicle safety

• Page 30, Line 21standards and regulations applicable to school buses, except

• Page 30, Line 22any standard or regulation requiring the installation of official traffic control devices.

• Page 30, Line 23(88)  "School bus" means a motor vehicle that is designed and used

• Page 31, Line 1specifically for the transportation of school children to or from a public

• Page 31, Line 2or private school or a school-related activity, whether the activity occurs

• Page 31, Line 3within or without outside the territorial limits of any a school district

• Page 31, Line 4and whether or not the activity occurs during school hours. "School bus"

• Page 31, Line 5does not include informal or intermittent arrangements, such as sharing

• Page 31, Line 6of actual gasoline expense or participation in a car pool, for the

• Page 31, Line 7transportation of school children to or from a public or private school or

• Page 31, Line 8a school-related activity A "school bus" must comply with all

• Page 31, Line 9federal motor vehicle safety standards and regulations applicable to school buses.

• Page 31, Line 10(88.5) (a)  "School vehicle" means a motor vehicle, including, but

• Page 31, Line 11not limited to, a school bus or multifunction school activity bus,

• Page 31, Line 12that is owned by or under contract to a public or private school and

• Page 31, Line 13operated for the transportation of school children to or from school or a school-related activity.

• Page 31, Line 14SECTION 14.  In Colorado Revised Statutes, 42-4-707, amend

• Page 31, Line 15(1)(a) introductory portion and (5) introductory portion; and add (5)(a.5) as follows:

• Page 31, Line 1642-4-707.  Certain vehicles must stop at railroad grade

• Page 31, Line 17crossings - definitions. (1) (a)  Except as otherwise provided in this

• Page 31, Line 18section, the driver of a school bus, as defined in subsection (5)(b) of this

• Page 31, Line 19section or the driver of a multifunction school activity bus, as

• Page 31, Line 20defined in subsection (5)(a.5) of this section,carrying any

• Page 31, Line 21schoolchild the driver of a vehicle carrying hazardous materials that is

• Page 31, Line 22required to be placarded in accordance with rules issued under section

• Page 31, Line 2342-20-108, or the driver of a commercial vehicle, as defined in section

• Page 31, Line 2442-4-235, that is transporting passengers, before crossing at grade any tracks of a railroad:

• Page 32, Line 1(5)  For the purposes of As used in this section:

• Page 32, Line 2(a.5)  "Multifunction school activity bus" means a

• Page 32, Line 3multifunction school activity bus that is required to bear on

• Page 32, Line 4the front and rear of the bus the words "ACTIVITY BUS" pursuant to section 42-4-1903 (2)(a.5).

• Page 32, Line 5SECTION 15.  In Colorado Revised Statutes, 42-4-1901, amend (2)(b) as follows:

• Page 32, Line 642-4-1901.  School buses - equipped with supplementary brake

• Page 32, Line 7retarders. (2) (b)  The general assembly encourages school districts to

• Page 32, Line 8consider installing only electromagnetic retarders or state-of-the-art

• Page 32, Line 9retarders for purposes of supplementing service brake systems of school

• Page 32, Line 10buses when such retarders are acquired on or after April 17, 1991. The

• Page 32, Line 11general assembly also encourages school districts to consider purchasing

• Page 32, Line 12only those new school buses which that are equipped with external

• Page 32, Line 13public address systems and retarders of appropriate capacity for purposes of supplementing any service brake systems of such school buses.

• Page 32, Line 14SECTION 16.  In Colorado Revised Statutes, amend 42-4-1902 as follows:

• Page 32, Line 1542-4-1902.  School vehicle drivers - special training required.

• Page 32, Line 16On and after July 1, 1992, the driver of any a school vehicle as defined

• Page 32, Line 17in section 42-1-102 (88.5) owned or operated by or for any a school

• Page 32, Line 18district in this state shall have successfully completed training approved

• Page 32, Line 19by the department of education, concerning driving on mountainous

• Page 32, Line 20terrain, as defined in section 42-4-1901 (3)(a), and driving in adverse weather conditions.

• Page 32, Line 21SECTION 17.  In Colorado Revised Statutes, 42-4-1903, amend (1)(a), (2)(a) introductory portion, and (3); and add (2)(a.5) as follows:

• Page 33, Line 142-4-1903.  School buses - stops - signs - passing. (1) (a)  The

• Page 33, Line 2driver of a motor vehicle upon any highway, road, or street, upon meeting

• Page 33, Line 3or overtaking from either direction any school bus that has stopped, shall

• Page 33, Line 4stop the vehicle at least twenty feet before reaching the school bus if

• Page 33, Line 5visual signal lights as specified in subsection (2) of this section have been

• Page 33, Line 6actuated on the school bus. The driver shall not proceed until the visual

• Page 33, Line 7signal lights are no longer being actuated. The driver of a motor vehicle

• Page 33, Line 8shall stop when a school bus that is not required to be equipped with

• Page 33, Line 9visual signal lights by subsection (2) of this section stops to receive or discharge schoolchildren.

• Page 33, Line 10(2) (a)  Every school bus as defined in section 42-1-102 (88), other

• Page 33, Line 11than a small passenger-type vehicle having a seating capacity of not more

• Page 33, Line 12than fifteen twelve, used for the transportation of schoolchildren shall must:

• Page 33, Line 13(a.5)  Every multifunction school activity bus as defined

• Page 33, Line 14in section 42-1-102 (60.2) must bear on the front and rear of the

• Page 33, Line 15bus the words "ACTIVITY BUS" in black letters not less than eight inches in height.

• Page 33, Line 16(3)  Every school bus used for the transportation of schoolchildren,

• Page 33, Line 17except those small passenger-type vehicles described in subsection (1) of

• Page 33, Line 18this section and multifunction school activity buses,shall must be

• Page 33, Line 19equipped with school bus pedestrian safety devices that comply with 49 CFR 571.131 or its successor regulation.

• Page 33, Line 20SECTION 18.  Safety clause. The general assembly finds,

• Page 33, Line 21determines, and declares that this act is necessary for the immediate

• Page 33, Line 22preservation of the public peace, health, or safety or for appropriations for

• Page 34, Line 1the support and maintenance of the departments of the state and state institutions.