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.
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, 22-30.5-112.2, amend (2)(a) and (3); and add (2)(c) and (5) as follows:
Page 5, Line 2122-30.5-112.2. Charter schools - at-risk supplemental aid -
Page 5, Line 22definitions - legislative declaration - repeal. (2) (a) For the 2012-13
Page 5, Line 23budget year
and each budget year thereafter through the 2024-25Page 6, Line 1budget year, the general assembly shall appropriate to the department
Page 6, Line 2of education for allocation to school districts the amount calculated for
Page 6, Line 3at-risk supplemental aid for those school districts and district charter
Page 6, Line 4schools described in
paragraph (b) of this subsection (2) subsectionPage 6, Line 5(2)(b) of this section. For the 2025-26 budget year and the 2026-27
Page 6, Line 6budget year, the general assembly shall appropriate to the
Page 6, Line 7department of education for allocation to school districts the
Page 6, Line 8amount determined for supplemental aid for those school
Page 6, Line 9districts and district charter schools described in subsection
Page 6, Line 10(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 11(c) For the 2025-26 budget year, each school district and
Page 6, Line 12district charter school's at-risk supplemental aid is the same
Page 6, Line 13amount that it received in the 2024-25 budget year. For the
Page 6, Line 142026-27 budget year, each school district and district charter
Page 6, Line 15school's at-risk supplemental aid is fifty percent of the amount that it received in the 2024-25 budget year.
Page 6, Line 16(3) If the appropriation to the department of education is
Page 6, Line 17insufficient to fund
one hundred percent of the at-risk supplemental aidPage 6, Line 18
calculated pursuant to paragraph (b) of subsection (2) determinedPage 6, Line 19pursuant to subsection (2) of this section, the department of education
Page 6, Line 20shall reduce each school district's and each district charter school's at-risk supplemental aid proportionately.
Page 6, Line 21(5) This section is repealed, effective July 1, 2028.
Page 6, Line 22SECTION 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 2322-30.5-513. Institute charter schools - funding - at-risk
Page 7, Line 1supplemental aid - legislative declaration - definitions - repeal.
Page 7, Line 2(4.5) (a) For the 2012-13 budget year
and each budget year thereafterPage 7, Line 3through the 2024-25 budget year, the general assembly shall
Page 7, Line 4appropriate to the charter school institute the amount calculated for at-risk
Page 7, Line 5supplemental aid pursuant to
paragraph (b) of this subsection (4.5)Page 7, Line 6subsection (4.5)(b) of this section for each institute charter school
Page 7, Line 7whose percentage of at-risk pupils is less than the percentage of at-risk
Page 7, Line 8pupils in the accounting district. For the 2025-26 budget year and the
Page 7, Line 92026-27 budget year, the general assembly shall appropriate to
Page 7, Line 10the charter school institute for allocation to institute charter
Page 7, Line 11schools the amount described in subsection (4.5)(b.5) of this
Page 7, Line 12section. At-risk supplemental aid is additional funding and does not
Page 7, Line 13supplant any other funding allocated pursuant to this section. The charter
Page 7, Line 14school 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 15(b.5) For the 2025-26 budget year, each institute charter
Page 7, Line 16school's at-risk supplemental aid is the same amount that it
Page 7, Line 17received in the 2024-25 budget year. For the 2026-27 budget year,
Page 7, Line 18each institute charter school's at-risk supplemental aid is fifty
Page 7, Line 19percent of the amount that it received in the 2024-25 budget year.
Page 7, Line 20(d) If the appropriation to the charter school institute is
Page 7, Line 21insufficient to fund
one hundred percent of the at-risk supplemental aidPage 7, Line 22
calculated determined pursuant to this subsection (4.5), the charterPage 7, Line 23school institute shall reduce each institute charter school's at-risk supplemental aid proportionately.
Page 7, Line 24(e) This subsection (4.5) is repealed, effective July 1, 2028.
SECTION 4. In Colorado Revised Statutes, repeal 22-54-136.
Page 8, Line 1SECTION 5. In Colorado Revised Statutes, 22-30.5-408, amend (2)(a) as follows:
Page 8, Line 222-30.5-408. Replenishment of qualified charter school debt
Page 8, Line 3service reserve funds - additional responsibilities - state treasurer -
Page 8, Line 4qualified charter schools - definitions. (2) (a) If the Colorado
Page 8, Line 5educational and cultural facilities authority has issued qualified charter
Page 8, Line 6school bonds on behalf of
any a qualified charter school that failsPage 8, Line 7immediately to restore its qualified charter school debt service reserve
Page 8, Line 8fund to the applicable qualified charter school debt service reserve fund
Page 8, Line 9requirement, the board of directors of the authority shall submit to the
Page 8, Line 10governor a certificate certifying
any the amount of money required toPage 8, Line 11restore the qualified charter school debt service reserve fund to the
Page 8, Line 12applicable qualified charter school debt service reserve fund requirement.
Page 8, Line 13The governor shall submit a request for appropriations in an amount
Page 8, Line 14sufficient to restore any or all qualified charter school debt reserve funds
Page 8, Line 15to their respective qualified charter school debt service reserve fund
Page 8, Line 16requirements, and the general assembly may, but is not required to,
Page 8, Line 17appropriate money for
said that purpose. If, in its sole discretion, thePage 8, Line 18general assembly appropriates any money for
said that purpose, thePage 8, Line 19aggregate outstanding principal amount of bonds for which money may
Page 8, Line 20be appropriated for
said that purpose must not exceedseven hundred fifty million one billion dollars.Page 8, Line 21SECTION 6. In Colorado Revised Statutes, 22-54-103, add (1.5)(e) as follows:
Page 8, Line 2222-54-103. Definitions. As used in this article 54, unless the
Page 8, Line 23context otherwise requires:
Page 9, Line 1(1.5) (e) For purposes of this subsection (1.5), a pupil's
Page 9, Line 2eligibility for free or reduced-price lunch may be demonstrated
Page 9, Line 3by any means, including identification through an application
Page 9, Line 4for free or reduced-price lunch pursuant to the federal
Page 9, Line 5"Richard B. Russell National School Lunch Act", 42 U.S.C. sec.
Page 9, Line 61751 et seq. or Colorado's participation in the demonstration
Page 9, Line 7project operated pursuant to 42 U.S.C. sec. 1758 (b)(15) for direct certification for children receiving benefits through medicaid.
Page 9, Line 8SECTION 7. In Colorado Revised Statutes, 22-54-103.2, amend (2)(a) and (2)(b) as follows:
Page 9, Line 922-54-103.2. District total program formula report. (2) In its
Page 9, Line 10report described pursuant to subsection (1) of this section, the department of education shall report, at a minimum, data demonstrating:
Page 9, Line 11(a) The successes and challenges of determining a district's total
Page 9, Line 12program pursuant to section 22-54-103.3 for reports concerning the
Page 9, Line 132025-26 budget year through the
2029-30 2030-31 budget year, and thePage 9, Line 14successes and challenges of determining a district's total program
Page 9, Line 15pursuant to section 22-54-103.5 for reports concerning the
2030-31 2031-32 budget year and each budget year thereafter;Page 9, Line 16(b) How district total program, determined pursuant to section
Page 9, Line 1722-54-103.3 for reports concerning the 2025-26 budget year through the
Page 9, Line 18
2029-30 2030-31 budget year and determined pursuant to sectionPage 9, Line 1922-54-103.5 for reports concerning the
2030-31 2031-32 budget year andPage 9, Line 20each budget year thereafter, is being used at the school level, including
Page 9, Line 21traditional public schools, district charter schools, and institute charter
Page 9, Line 22schools, and information currently reported by the department of
Page 9, Line 23education in district performance snapshots; and
Page 10, Line 1SECTION 8. In Colorado Revised Statutes, 22-54-103.3, amend
Page 10, Line 2(1)(a), (1)(c), (2), (3), (4), (5)(b)(I) introductory portion, (5)(c)(I)(C), and (6) as follows:
Page 10, Line 322-54-103.3. District total program - 2025-26 through 2030-31
Page 10, Line 4budget years - definitions - repeal. (1) (a) Notwithstanding any
Page 10, Line 5provision of law to the contrary, for the 2025-26 budget year through the
Page 10, Line 6
2029-30 2030-31 budget year, the department of education shallPage 10, Line 7determine each district's total program pursuant to this section. The
Page 10, Line 8district's total program is available to the district to fund the costs of
Page 10, Line 9providing public education, and, except as otherwise provided in section
Page 10, Line 1022-54-105, the district has the discretion to determine the amounts and purposes for budgeting and expending its district total program money.
Page 10, Line 11(c) As used in this section, "for the 2025-26 budget year through
Page 10, Line 12the
2029-30 2030-31 budget year" means the 2025-26 budget year, thePage 10, Line 132026-27 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 14(2) For the 2025-26 budget year through the
2029-30 2030-31Page 10, Line 15budget 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 16(3) (a) For the 2025-26 budget year,
through the 2029-30 budgetPage 10, Line 17
year a district's total program is the greater of the district's total programPage 10, Line 18
calculation pursuant to section 22-54-104 plus one-half percent of thePage 10, Line 19
district's total program calculation pursuant to section 22-54-104; orPage 10, Line 20determination for the 2024-25 budget year, or the amount
Page 10, Line 21calculated pursuant to section 22-54-104 plus an amount equal
Page 10, Line 22to fifteen percent of the difference between the district's total
Page 10, Line 23program calculation pursuant to section 22-54-103.5 and the
Page 11, Line 1district's total program calculation pursuant to section 22-54-104.
Page 11, Line 2
(a) For the 2025-26 budget year, the amount calculated pursuantPage 11, Line 3
to section 22-54-104 plus an amount equal to eighteen percent of thePage 11, Line 4
difference between the district's total program calculation pursuant toPage 11, Line 5
section 22-54-103.5 and the district's total program calculation pursuant to section 22-54-104;Page 11, Line 6(b)
For the 2026-27 budget year, the amount calculated pursuantPage 11, Line 7
to section 22-54-104 plus an amount equal to thirty-four percent of thePage 11, Line 8
difference between the district's total program calculation pursuant toPage 11, Line 9
section 22-54-103.5 and the district's total program calculation pursuantPage 11, Line 10
to section 22-54-104 For the 2026-27 budget year, a district's totalPage 11, Line 11program is the greater of the district's total program
Page 11, Line 12determination for the 2024-25 budget year or the amount
Page 11, Line 13calculated pursuant to section 22-54-104 plus an amount equal
Page 11, Line 14to thirty percent of the difference between the district's total
Page 11, Line 15program calculation pursuant to section 22-54-103.5 and the
Page 11, Line 16district's total program calculation pursuant to section 22-54-104.
Page 11, Line 17(c) For the 2027-28 budget year through the 2030-31 budget
Page 11, Line 18year,
the amount calculated pursuant to section 22-54-104 plus anPage 11, Line 19
amount equal to fifty percent of the difference between the district's totalPage 11, Line 20
program calculation pursuant to section 22-54-103.5 and the district'sPage 11, Line 21
total program calculation pursuant to section 22-54-104 a district'sPage 11, Line 22total program is the greater of the district's total program
Page 11, Line 23calculation pursuant to section 22-54-104 plus one percent of
Page 11, Line 24the district's total program calculation pursuant to section 22-54-104, or:
Page 12, Line 1
(c) (I) For the 2027-28 budget year, the amount calculatedPage 12, Line 2pursuant to section 22-54-104 plus an amount equal to
fifty forty-fivePage 12, Line 3percent of the difference between the district's total program calculation
Page 12, Line 4pursuant to section 22-54-103.5 and the district's total program calculation pursuant to section 22-54-104;
Page 12, Line 5
(d) (II) For the 2028-29 budget year, the amount calculatedPage 12, Line 6pursuant to section 22-54-104 plus an amount equal to
sixty-six sixtyPage 12, Line 7percent of the difference between the district's total program calculation
Page 12, Line 8pursuant to section 22-54-103.5 and the district's total program calculation pursuant to section 22-54-104;
andPage 12, Line 9
(e) (III) For the 2029-30 budget year, the amount calculatedPage 12, Line 10pursuant to section 22-54-104 plus an amount equal to
eighty-twoPage 12, Line 11seventy-five percent of the difference between the district's total
Page 12, Line 12program 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 13(IV) For the 2030-31 budget year, the amount calculated
Page 12, Line 14pursuant to section 22-54-104 plus an amount equal to ninety
Page 12, Line 15percent of the difference between the district's total program
Page 12, Line 16calculation pursuant to section 22-54-103.5 and the district's total program calculation pursuant to section 22-54-104.
Page 12, Line 17(4) For the 2024-25 budget year through the
2029-30 2030-31Page 12, Line 18budget year, the joint budget committee shall monitor the fiscal impact of
Page 12, Line 19the district total program determinations pursuant to this section and the
Page 12, Line 20fiscal impact of the transition to the total program formula pursuant to
Page 12, Line 21section 22-54-103.5. At a minimum, the joint budget committee shall
Page 12, Line 22consider immediate and forecasted economic conditions, the impact or
Page 13, Line 1trend of the statewide total local share of total program funding, the
Page 13, Line 2impact or trend of the state education fund, and any other data-driven
Page 13, Line 3considerations necessary to ensure the sustainable transition to and
Page 13, Line 4implementation of a new total program formula. The joint budget
Page 13, Line 5committee and the general assembly may take action necessary to ensure
Page 13, Line 6the sustainable transition to and implementation of a new total program
Page 13, Line 7formula. On or after January 1, 2025, when the department of education
Page 13, Line 8makes mid-year adjustments, the joint budget committee shall develop a
Page 13, Line 9sustainability plan that makes findings and recommendations regarding
Page 13, Line 10how the general assembly can fully fund total program determinations
Page 13, Line 11pursuant to sections 22-54-103.3 and 22-54-103.5. On or after January 1,
Page 13, Line 122026, and on or after January 1 each year thereafter, when the department
Page 13, Line 13of education makes mid-year adjustments, the joint budget committee shall review the sustainability plan and update it as necessary.
Page 13, Line 14(5) (b) (I) Notwithstanding any provision of this article 54, for the
Page 13, Line 152024-25 budget year through the
2029-30 2030-31 budget year, if thePage 13, Line 16joint budget committee determines that any one of the conditions described in subsection (5)(c) of this section occurred:
Page 13, Line 17(c) (I) The requirements described in subsection (5)(b) of this section are initiated if:
Page 13, Line 18(C) In either an assessment year or a non-assessment year, the
Page 13, Line 19March revenue forecast relied on by the general assembly in setting the
Page 13, Line 20budget for the next state fiscal year estimates that the income tax
Page 13, Line 21
diversion deposit to the state education fund, as required pursuant toPage 13, Line 22section 17 of article IX of the state constitution, will decrease by five
Page 13, Line 23percent or more in either the current budget year or the next budget year.
Page 13, Line 24If the joint budget committee determines based on forecast
Page 14, Line 1estimates, as described in this subsection (5)(c)(I)(C), that the
Page 14, Line 2income tax deposit to the state education fund will decrease by
Page 14, Line 3five percent or more in either the current budget year or the
Page 14, Line 4next budget year as a result of a correction to an error in the
Page 14, Line 5total amount of state education fund revenues deposited as set
Page 14, Line 6forth in section 22-55-103 (2), then this subsection (5)(c)(I)(C)
Page 14, Line 7does not initiate the requirements of subsection (5)(b) of this section.
Page 14, Line 8(6) This section is repealed, effective
July 1, 2031 July 1, 2032.Page 14, Line 9SECTION 9. In Colorado Revised Statutes, 22-54-103.5, amend
Page 14, Line 10(1)(a), (1)(c)(I), (1)(c)(III), (4), and (12)(d); and add(3), (13)(b.5), and (14) as follows:
Page 14, Line 1122-54-103.5. District total program - rules - legislative
Page 14, Line 12declaration - repeal. (1) (a) For the
2030-31 2031-32 budget year andPage 14, Line 13each budget year thereafter, the department of education shall use this
Page 14, Line 14section to determine each district's total program. The district's total
Page 14, Line 15program is available to the district to fund the costs of providing public
Page 14, Line 16education, and, except as otherwise provided in section 22-54-105, the
Page 14, Line 17district has the discretion to determine the amounts and purposes for budgeting and expending its district total program money.
Page 14, Line 18(c) (I) Notwithstanding any provision of law to the contrary, for
Page 14, Line 19the 2025-26 budget year through the
2029-30 2030-31 budget year, thePage 14, Line 20department of education shall calculate each district's total program
Page 14, Line 21pursuant to this section for the purpose of determining each district's total
Page 14, Line 22program pursuant to section 22-54-103.3. The district's total program is
Page 14, Line 23available to the district to fund the costs of providing public education,
Page 14, Line 24and, except as otherwise provided in section 22-54-105, the district has
Page 15, Line 1the discretion to determine the amounts and purposes for budgeting and expending its district total program money.
Page 15, Line 2(III) This subsection (1)(c) is repealed, effective
July 1, 2031 July 1, 2032.Page 15, Line 3(3) Statewide base per pupil funding. (a) (I) For the 2025-26
Page 15, Line 4budget year, the statewide base per pupil funding is eight
Page 15, Line 5thousand six hundred ninety-one dollars and eighty cents
Page 15, Line 6($8,691.80), which is an amount equal to eight thousand four
Page 15, Line 7hundred ninety-six dollars and thirty-eight cents ($8,496.38),
Page 15, Line 8supplemented by one hundred ninety-five dollars and forty-two cents ($195.42) to account for inflation.
Page 15, Line 9(II) This subsection (3)(a) is repealed, effective July 1, 2031.
(b) (Reserved)
Page 15, Line 10(4) Funded pupil count. Funded pupil count is:
Page 15, Line 11(a) (I) For the 2025-26 budget year, the district's online pupil
Page 15, Line 12enrollment for the applicable budget year plus the district's supplemental
Page 15, Line 13kindergarten enrollment for the applicable budget year plus the district's
Page 15, Line 14extended high school pupil enrollment for the applicable budget year plus the greater of:
Page 15, Line 15
(I) (A) The district's pupil enrollment for the applicable budget year;Page 15, Line 16
(II) (B) The average of the district's pupil enrollment for thePage 15, Line 17applicable budget year and the district's pupil enrollment for the immediately preceding budget year;
Page 15, Line 18
(III) (C) The average of the district's pupil enrollment for thePage 15, Line 19applicable budget year and the district's pupil enrollment for the two
Page 15, Line 20immediately preceding budget years; or
Page 16, Line 1
(IV) (D) The average of the district's pupil enrollment for thePage 16, Line 2applicable budget year and the district's pupil enrollment for the three immediately preceding budget years.
Page 16, Line 3
(b) (I) (II) Notwithstanding any provision of law to the contrary,Page 16, Line 4for purposes of this subsection (4)(a),
of this section, a district's fundedPage 16, Line 5pupil count includes the certified pupil enrollment and online pupil
Page 16, Line 6enrollment of each operating institute charter school for which the district
Page 16, Line 7is the accounting district, as provided pursuant to
subsections (4)(b)(II)Page 16, Line 8
and (4)(b)(III) subsections (4)(a)(III) and (4)(a)(IV) of this section. ThePage 16, Line 9department of education shall add the institute charter school's certified
Page 16, Line 10pupil enrollment and online pupil enrollment to the funded pupil count of
Page 16, Line 11the district prior to calculating the district's total program pursuant to this section.
Page 16, Line 12
(II) (III) For purposes ofsubsection (4)(b)(I) subsectionPage 16, Line 13(4)(a)(II) of this section, each operating institute charter school's certified pupil enrollment is the greater of:
Page 16, Line 14(A) The operating institute charter school's pupil enrollment for the applicable budget year;
Page 16, Line 15(B) The average of the operating institute charter school's pupil
Page 16, Line 16enrollment for the applicable budget year and the operating institute
Page 16, Line 17charter school's pupil enrollment for the immediately preceding budget year;
Page 16, Line 18(C) The average of the operating institute charter school's pupil
Page 16, Line 19enrollment for the applicable budget year and the operating institute
Page 16, Line 20charter school's pupil enrollment for the two immediately preceding budget years; or
Page 16, Line 21(D) The average of the operating institute charter school's pupil
Page 17, Line 1enrollment for the applicable budget year and the operating institute
Page 17, Line 2charter school's pupil enrollment for the three immediately preceding budget years.
Page 17, Line 3
(III) (IV) Notwithstanding any provision of law to the contrary,Page 17, Line 4for purposes of
subsection (4)(b)(II) subsection (4)(a)(III) of thisPage 17, Line 5section, an operating institute charter school's pupil enrollment includes
Page 17, Line 6its online student enrollment, except for multi-district online school student enrollment.
Page 17, Line 7
(c) (V) The general assembly finds and declares that for thePage 17, Line 8purposes of section 17 of article IX of the state constitution, averaging a
Page 17, Line 9district's pupil enrollment for the applicable budget year and the district's
Page 17, Line 10pupil enrollment for the three immediately preceding budget years
Page 17, Line 11pursuant to this
subsection (4) subsection (4)(a), and averaging anPage 17, Line 12operating institute charter school's student enrollment and online pupil
Page 17, Line 13enrollment pursuant to this
subsection (4) subsection (4)(a), is aPage 17, Line 14program for accountable education reform and may therefore receive
Page 17, Line 15funding from the state education fund created in section 17 (4) of article IX of the state constitution.
Page 17, Line 16
(d) (I) (VI) (A) Notwithstanding any provision of law to thePage 17, Line 17contrary, for the purposes of this
subsection (4) subsection (4)(a), aPage 17, Line 18district's pupil enrollment for the applicable budget year and a district's
Page 17, Line 19pupil enrollment for a preceding budget year do not include a pupil who
Page 17, Line 20is or was enrolled in a charter school that was originally authorized by the
Page 17, Line 21district but was subsequently converted, on or after July 1, 2010, to an
Page 17, Line 22institute charter school or to a charter school of a district contiguous to the
originally original authorizing district.Page 17, Line 23
(II) (B) Notwithstanding any provision of thissubsection (4)Page 18, Line 1subsection (4)(a) to the contrary, for the purposes of this
subsection (4)Page 18, Line 2subsection (4)(a), if a district's funded pupil count calculated pursuant
Page 18, Line 3to this
subsection (4) subsection (4)(a), for a budget year is fewer thanPage 18, Line 4sixty students, the district's funded pupil count for the budget year is sixty students.
Page 18, Line 5(b) (I) For the 2026-27 budget year, and each budget year
Page 18, Line 6thereafter, the district's online pupil enrollment for the
Page 18, Line 7applicable budget year plus the district's supplemental
Page 18, Line 8kindergarten enrollment for the applicable budget year plus
Page 18, Line 9the district's extended high school pupil enrollment for the applicable budget year plus the greater of:
Page 18, Line 10(A) The district's pupil enrollment for the applicable budget year;
Page 18, Line 11(B) The average of the district's pupil enrollment for the
Page 18, Line 12applicable budget year and the district's pupil enrollment for the immediately preceding budget year; or
Page 18, Line 13(C) The average of the district's pupil enrollment for the
Page 18, Line 14applicable budget year and the district's pupil enrollment for the two immediately preceding budget years.
Page 18, Line 15(II) Notwithstanding any provision of law to the
Page 18, Line 16contrary, for purposes of this subsection (4)(b), a district's
Page 18, Line 17funded pupil count includes the certified pupil enrollment and
Page 18, Line 18online pupil enrollment of each operating institute charter
Page 18, Line 19school for which the district is the accounting district, as
Page 18, Line 20provided pursuant to subsections (4)(b)(III) and (4)(b)(IV) of this
Page 18, Line 21section. The department of education shall add the institute
Page 18, Line 22charter school's certified pupil enrollment and online pupil
Page 19, Line 1enrollment to the funded pupil count of the district prior to
Page 19, Line 2calculating the district's total program pursuant to this section.
Page 19, Line 3(III) For purposes of subsection (4)(b)(II) of this section,
Page 19, Line 4each operating institute charter school's certified pupil enrollment is the greater of:
Page 19, Line 5(A) The operating institute charter school's pupil enrollment for the applicable budget year;
Page 19, Line 6(B) The average of the operating institute charter
Page 19, Line 7school's pupil enrollment for the applicable budget year and
Page 19, Line 8the operating institute charter school's pupil enrollment for the immediately preceding budget year; and
Page 19, Line 9(C) The average of the operating institute charter
Page 19, Line 10school's pupil enrollment for the applicable budget year and
Page 19, Line 11the operating institute charter school's pupil enrollment for the two immediately preceding budget years.
Page 19, Line 12(IV) Notwithstanding any provision of law to the
Page 19, Line 13contrary, for purposes of subsection (4)(b)(III) of this section, an
Page 19, Line 14operating institute charter school's pupil enrollment includes
Page 19, Line 15its online student enrollment, except for multi-district online school student enrollment.
Page 19, Line 16(V) The general assembly finds and declares that for the
Page 19, Line 17purposes of section 17 of article IX of the state constitution,
Page 19, Line 18averaging a district's pupil enrollment for the applicable
Page 19, Line 19budget year and the district's pupil enrollment for the two
Page 19, Line 20immediately preceding budget years pursuant to this subsection
Page 19, Line 21(4)(b), and averaging an operating institute charter school's
Page 20, Line 1student enrollment and online pupil enrollment pursuant to
Page 20, Line 2this subsection (4)(b), is a program for accountable education
Page 20, Line 3reform and may therefore receive funding from the state
Page 20, Line 4education fund created in section 17 (4) of article IX of the state constitution.
Page 20, Line 5 (VI) (A) Notwithstanding any provision of law to the
Page 20, Line 6contrary, for the purposes of this subsection (4)(b), a district's
Page 20, Line 7pupil enrollment for the applicable budget year and a district's
Page 20, Line 8pupil enrollment for a preceding budget year do not include a
Page 20, Line 9pupil who is or was enrolled in a charter school that was
Page 20, Line 10originally authorized by the district but was subsequently
Page 20, Line 11converted, on or after July 1, 2010, to an institute charter
Page 20, Line 12school or to a charter school of a district contiguous to the original authorizing district.
Page 20, Line 13(B) Notwithstanding any provision of this subsection
Page 20, Line 14(4)(b) to the contrary, for the purposes of this subsection (4)(b),
Page 20, Line 15if a district's funded pupil count calculated pursuant to this
Page 20, Line 16subsection (4)(b) for a budget year is fewer than sixty students,
Page 20, Line 17the district's funded pupil count for the budget year is sixty students.
Page 20, Line 18(c) Notwithstanding subsections (4)(a) and (4)(b) of this
Page 20, Line 19section, if, for the 2026-27 budget year, each district's total
Page 20, Line 20program is not determined pursuant to section 22-54-103.3 (3)(b),
Page 20, Line 21then funded pupil count is determined pursuant to subsection
Page 20, Line 22(4)(a) of this section for the 2026-27 budget year and each budget year thereafter.
Page 20, Line 23(d) (I) Notwithstanding subsection (4)(b) of this section, if
Page 21, Line 1the state education fund balance is projected to be less than
Page 21, Line 2two hundred million dollars as of June 30, 2027, based on
Page 21, Line 3information contained in the March 2027 revenue forecast
Page 21, Line 4prepared by the legislative council staff, then for the 2027-28
Page 21, Line 5budget year and each budget year thereafter, the general
Page 21, Line 6assembly shall implement a smoothing factor or the funded
Page 21, Line 7pupil count is the district's online pupil enrollment for the
Page 21, Line 8applicable budget year plus the district's supplemental
Page 21, Line 9kindergarten enrollment for the applicable budget year plus
Page 21, Line 10the district's extended high school pupil enrollment for the applicable budget year plus the greater of:
Page 21, Line 11(A) The district's pupil enrollment for the applicable budget year; or
Page 21, Line 12(B) The average of the district's pupil enrollment for the
Page 21, Line 13applicable budget year and the district's pupil enrollment for the immediately preceding budget year.
Page 21, Line 14(I.5) If the general assembly is required to implement a
Page 21, Line 15smoothing factor pursuant to subsection (4)(d)(I) of this section,
Page 21, Line 16then prior to the smoothing factor's implementation, the
Page 21, Line 17general assembly shall consult a statewide association that
Page 21, Line 18represents school districts regarding the development and
Page 21, Line 19implementation of a smoothing factor. The consultation must
Page 21, Line 20include and consider the opinions of superintendents and chief
Page 21, Line 21financial officers of small rural school districts, rural school districts, suburban school districts, and urban school districts.
Page 21, Line 22(II) Notwithstanding any provision of law to the
Page 21, Line 23contrary, for purposes of this subsection (4)(d), a district's
Page 22, Line 1funded pupil count includes the certified pupil enrollment and
Page 22, Line 2online pupil enrollment of each operating institute charter
Page 22, Line 3school for which the district is the accounting district, as
Page 22, Line 4provided pursuant to subsections (4)(d)(III) and (4)(d)(IV) of this
Page 22, Line 5section. The department of education shall add the institute
Page 22, Line 6charter school's certified pupil enrollment and online pupil
Page 22, Line 7enrollment to the funded pupil count of the district prior to
Page 22, Line 8calculating the district's total program pursuant to this section.
Page 22, Line 9(III) For purposes of subsection (4)(d)(II) of this section,
Page 22, Line 10each operating institute charter school's certified pupil enrollment is the greater of:
Page 22, Line 11(A) The operating institute charter school's pupil enrollment for the applicable budget year; or
Page 22, Line 12(B) The average of the operating institute charter
Page 22, Line 13school's pupil enrollment for the applicable budget year and
Page 22, Line 14the operating institute charter school's pupil enrollment for the immediately preceding budget year.
Page 22, Line 15(IV) Notwithstanding any provision of law to the
Page 22, Line 16contrary, for purposes of subsection (4)(d)(III) of this section, an
Page 22, Line 17operating institute charter school's pupil enrollment includes
Page 22, Line 18its online student enrollment, except for multi-district online school student enrollment.
Page 22, Line 19(V) (A) Notwithstanding any provision of law to the
Page 22, Line 20contrary, for the purposes of this subsection (4)(d), a district's
Page 22, Line 21pupil enrollment for the applicable budget year does not
Page 22, Line 22include a pupil who is or was enrolled in a charter school that
Page 23, Line 1was originally authorized by the district but was subsequently
Page 23, Line 2converted, on or after July 1, 2010, to an institute charter
Page 23, Line 3school or to a charter school of a district contiguous to the original authorizing district.
Page 23, Line 4(B) Notwithstanding any provision of this subsection
Page 23, Line 5(4)(d) to the contrary, for the purposes of this subsection (4)(d),
Page 23, Line 6if a district's funded pupil count calculated pursuant to this
Page 23, Line 7subsection (4)(d) for a budget year is fewer than sixty students,
Page 23, Line 8the district's funded pupil count for the budget year is sixty students.
Page 23, Line 9(e) If the department of education determines that a
Page 23, Line 10district's pupil enrollment or operating institute charter
Page 23, Line 11school's pupil enrollment for a preceding budget year included
Page 23, Line 12pupils who were not reported as multi-district online pupils, but
Page 23, Line 13were determined by the department of education to have been
Page 23, Line 14educated in a setting that was equivalent to a multi-district
Page 23, Line 15online program, the department of education shall use the
Page 23, Line 16adjusted district pupil enrollment or operating institute
Page 23, Line 17charter school's pupil enrollment for that preceding budget
Page 23, Line 18year when determining funded pupil count pursuant to this subsection (4).
Page 23, Line 19(12) District locale factor funding. (d) A district's classification,
Page 23, Line 20as described pursuant to subsection (12)(b) or (12)(c) of this section, is
Page 23, Line 21determined by
the latest classifications or classification criteria issued byPage 23, Line 22the national center for education statistics in the institute of education
Page 23, Line 23sciences of the United States department of
education education'sPage 23, Line 24latest classification criteria or the classification criteria
Page 24, Line 1issued immediately prior to the latest classification criteria, whichever is the greater percentage.
Page 24, Line 2(13) District size factor funding. (b.5) For purposes of
Page 24, Line 3subsection (13)(b)(I) through (13)(b)(VI) of this section, a
Page 24, Line 4district's funded pupil count does not include the number of
Page 24, Line 5pupils, on the pupil enrollment count day within the applicable
Page 24, Line 6budget year, the number of pupils enrolled in, attending, and
Page 24, Line 7actively participating in a multi-district online school, as
Page 24, Line 8defined in section 22-30.7-102, created pursuant to article 30.7 of this title 22.
Page 24, Line 9(14) Total program funding. (a) (I) For the 2025-26 budget
Page 24, Line 10year, the department of education and the staff of the
Page 24, Line 11legislative council shall determine, based on budget
Page 24, Line 12projections, the amount to ensure that for the 2025-26 budget
Page 24, Line 13year, the sum of total program funding for all districts,
Page 24, Line 14including funding for institute charter schools, is at least ten
Page 24, Line 15billion thirty-five million six hundred fifteen thousand nine
Page 24, Line 16hundred seventeen dollars and eighty cents ($10,035,615,917.80);
Page 24, Line 17except that the department of education and the staff of the
Page 24, Line 18legislative council shall make mid-year revisions to replace
Page 24, Line 19projections with actual figures, including actual pupil
Page 24, Line 20enrollment, assessed valuations, and specific ownership tax
Page 24, Line 21revenue from the prior year, to determine any necessary
Page 24, Line 22changes in the amount to maintain total program funding for the applicable budget year.
Page 24, Line 23(II) This subsection (14)(a) is repealed, effective July 1,
Page 24, Line 242031.
(b) (Reserved)
Page 25, Line 1SECTION 10. In Colorado Revised Statutes, 22-54-104, amend (1)(c)(I) and (8); and add (7)(i) and (7)(j) as follows:
Page 25, Line 222-54-104. District total program - legislative declaration -
Page 25, Line 3definitions - repeal. (1) (c) (I) Notwithstanding any provision of law to
Page 25, Line 4the contrary, for the 2025-26 budget year through the
2029-30 2030-31Page 25, Line 5budget year, the department of education shall calculate each district's
Page 25, Line 6total program pursuant to this section for the purpose of determining each
Page 25, Line 7district's total program pursuant to section 22-54-103.3. The district's total
Page 25, Line 8program is available to the district to fund the costs of providing public
Page 25, Line 9education, and, except as otherwise provided in section 22-54-105, the
Page 25, Line 10district has the discretion to determine the amounts and purposes for budgeting and expending its district total program money.
Page 25, Line 11(7) (i) Notwithstanding any provision of this subsection
Page 25, Line 12(7), for the 2027-28 budget year and each budget year
Page 25, Line 13thereafter, when calculating each district's total program
Page 25, Line 14pursuant to this section for the purpose of determining a
Page 25, Line 15district's total program pursuant to section 22-54-103.3, the
Page 25, Line 16department of education shall use the same funded pupil count
Page 25, Line 17that it uses pursuant to section 22-54-103.5 (4) for the purpose of
Page 25, Line 18determining a district's total program pursuant to section 22-54-103.3.
Page 25, Line 19(j) If the department of education determines that a
Page 25, Line 20district's pupil enrollment or operating institute charter
Page 25, Line 21school's pupil enrollment for a preceding budget year included
Page 25, Line 22pupils who were not reported as multi-district online pupils, but
Page 25, Line 23were determined by the department of education to have been
Page 26, Line 1educated in a setting that was equivalent to a multi-district
Page 26, Line 2online program, the department of education shall use the
Page 26, Line 3adjusted district pupil enrollment or operating institute
Page 26, Line 4charter school's pupil enrollment for that preceding budget
Page 26, Line 5year when determining funded pupil count pursuant to this subsection (7).
Page 26, Line 6(8) This section is repealed, effective
July 1, 2031 July 1, 2032.Page 26, Line 7SECTION 11. In Colorado Revised Statutes, 22-54-104.6,
Page 26, Line 8amend(1)(a) introductory portion, (1)(b), and (12); and add (1.5) as follows:
Page 26, Line 922-54-104.6. Implementation of at-risk measure - legislative
Page 26, Line 10declaration - definitions - repeal. (1) (a) The general assembly finds
Page 26, Line 11and declares that implementing
a new an improved at-risk measure forPage 26, Line 12identifying students who are at risk of below-average academic
Page 26, Line 13performance because of socioeconomic disadvantages or poverty will benefit Colorado students by:
Page 26, Line 14(b) Therefore, it is the intent of the general assembly to
create aPage 26, Line 15
working group convened by the commissioner of education to determinePage 26, Line 16
how to construct and implement the new continuously improve thePage 26, Line 17construction and implementation of the at-risk measure for use in the state's public school funding formula.
Page 26, Line 18(1.5) (a) In order to account for students who are at-risk
Page 26, Line 19of below-average academic performance and education
Page 26, Line 20outcomes because of socioeconomic disadvantages or poverty,
Page 26, Line 21but who may not qualify for free or reduced price lunch, the
Page 26, Line 22department of education shall collect data necessary to
Page 26, Line 23identify individual student census block groups.
Page 27, Line 1(b) Notwithstanding subsection (1.5)(a) of this section, the
Page 27, Line 2state board may promulgate rules that direct the department
Page 27, Line 3of education to suspend the collection of data pursuant to
Page 27, Line 4subsection (1.5)(a) of this section, if the collected data indicates
Page 27, Line 5that the student population identified in subsection (1.5)(a) of
Page 27, Line 6this section is substantially similar to the at-risk student
Page 27, Line 7population that is identified through free and reduced price
Page 27, Line 8lunch and direct certification. The state board may also
Page 27, Line 9promulgate rules that direct the department of education to
Page 27, Line 10re-start the collection of data pursuant to subsection (1.5)(a) of this section, after a suspension of data collection.
Page 27, Line 11(12) Subsections
(4) to (11) (2) to (11.7) of this section are repealed, effective July 1, 2025.Page 27, Line 12SECTION 12. In Colorado Revised Statutes, 22-43.7-104, amend (1) and (2)(d)(I); and add (7) as follows:
Page 27, Line 1322-43.7-104. Public school capital construction assistance fund
Page 27, Line 14- creation - crediting of money to fund - use of fund - emergency
Page 27, Line 15reserve - creation - reserve account - creation and use - definition -
Page 27, Line 16report. (1) (a) The public school capital construction assistance fund is
Page 27, Line 17
hereby created in the state treasury. Subject to the limitation setPage 27, Line 18forth in subsection (1)(b)(I) of this section, the principal of the
Page 27, Line 19assistance fund
shall consist consists of allmoneys money transferredPage 27, Line 20or credited to the assistance fund pursuant to subsection (2) of this
Page 27, Line 21section. Except as otherwise provided in subsection (1)(b)(I) of this
Page 27, Line 22section, all interest and income earned on the deposit and investment of
Page 27, Line 23
moneys money in the assistance fundshall be is credited to the assistancePage 27, Line 24fund and
shall not be is not transferred to the general fund or any other fund at the end of any fiscal year.Page 28, Line 1(b) (I) (A) For the 2024-25 state fiscal year, and each state
Page 28, Line 2fiscal year thereafter, the total amount of revenue credited in
Page 28, Line 3the state fiscal year to the assistance fund pursuant to this
Page 28, Line 4section must not exceed one hundred fifty million dollars,
Page 28, Line 5which amount must be annually adjusted for inflation for each state fiscal year thereafter.
Page 28, Line 6(B) For the 2024-25 state fiscal year, and each state fiscal
Page 28, Line 7year thereafter, the state treasurer shall credit to the state
Page 28, Line 8public school fund created in section 22-54-114 (1) any amount of
Page 28, Line 9revenue that exceeds in the state fiscal year one hundred fifty
Page 28, Line 10million dollars, as adjusted annually for inflation for state
Page 28, Line 11fiscal years commencing on or after July 1, 2025, that otherwise
Page 28, Line 12would be credited to the assistance fund pursuant to this section.
Page 28, Line 13(II) As used in this subsection (1)(b), "inflation" means the
Page 28, Line 14annual percentage increase in the United States department of
Page 28, Line 15labor's bureau of labor statistics consumer price index, or a
Page 28, Line 16successor index, for Denver-Aurora-Lakewood for all items paid for by urban consumers.
Page 28, Line 17(2) (d) (I) (A)
For the state fiscal year commencing July 1, 2018,Page 28, Line 18
the state treasurer, as provided in section 39-28.8-305 (1)(a), shall creditPage 28, Line 19
to the assistance fund the greater of the first forty million dollars receivedPage 28, Line 20
and collected from the excise tax on retail marijuana imposed pursuant toPage 28, Line 21
part 3 of article 28.8 of title 39 or ninety percent of the money receivedPage 28, Line 22
and collected from the tax. For the state fiscal year commencing July 1,Page 28, Line 23
2019, and for each state fiscal year thereafter except for the state fiscalPage 29, Line 1
year commencing July 1, 2020, the state treasurer, as provided in sectionPage 29, Line 2
39-28.8-305 (1)(a), shall annually credit to the assistance fund all of thePage 29, Line 3
money received and collected from the excise tax on retail marijuanaPage 29, Line 4
imposed pursuant to part 3 of article 28.8 of title 39. For the state fiscalPage 29, Line 5
year commencing July 1, 2020, the state treasurer, as provided in sectionPage 29, Line 6
39-28.8-305 (1)(a), shall credit to the assistance fund the lesser of the firstPage 29, Line 7
forty million dollars received and collected from the excise tax on retailPage 29, Line 8
marijuana imposed pursuant to part 3 of article 28.8 of title 39 or all ofPage 29, Line 9
the money received and collected from the tax. For state fiscal yearsPage 29, Line 10
commencing before July 1, 2019, the state treasurer shall credit twelvePage 29, Line 11
and five-tenths percent of the amount annually credited pursuant to thisPage 29, Line 12
subsection (2)(d) to the charter school facilities assistance account, whichPage 29, Line 13
account is created within the assistance fund. For each state fiscal yearPage 29, Line 14
commencing on or after July 1, 2019, the state treasurer shall credit to thePage 29, Line 15
charter school facilities assistance account a percentage of the amountPage 29, Line 16
credited pursuant to this subsection (2)(d) that is equal to the percentagePage 29, Line 17
of pupil enrollment, as defined in section 22-54-103 (10), statewidePage 29, Line 18
represented by pupils who were enrolled in charter schools for the priorPage 29, Line 19
school year. The department of education shall notify the state treasurerPage 29, Line 20
of the applicable percentage no later than June 1 of the immediatelyPage 29, Line 21
preceding fiscal year For the state fiscal year commencing July 1,Page 29, Line 222019, and for each state fiscal year thereafter, the state
Page 29, Line 23treasurer, as provided in section 39-28.8-305 (1)(a), shall
Page 29, Line 24annually credit to the assistance fund all of the money
Page 29, Line 25received and collected from the excise tax on retail marijuana
Page 29, Line 26imposed pursuant to part 3 of article 28.8 of title 39, subject to
Page 29, Line 27the limitation set forth in subsection (1)(b)(I) of this section.
Page 30, Line 1(B) There is created within the assistance fund the
Page 30, Line 2charter school facilities assistance account. For the 2019-20
Page 30, Line 3state fiscal year, and each state fiscal year thereafter, the
Page 30, Line 4state treasurer shall credit to the charter school facilities
Page 30, Line 5assistance account a percentage of the amount credited
Page 30, Line 6pursuant to this subsection (2)(d) that is equal to the
Page 30, Line 7percentage of pupil enrollment, as defined in section 22-54-103,
Page 30, Line 8statewide represented by pupils who were enrolled in charter
Page 30, Line 9schools for the prior school year. The department of education
Page 30, Line 10shall notify the state treasurer of the applicable percentage no later than June 1 of the immediately preceding state fiscal year.
Page 30, Line 11(7) In its budget request submitted to the joint budget
Page 30, Line 12committee each November 1, the office of state planning and
Page 30, Line 13budgeting shall report the amount of revenue that was credited
Page 30, Line 14to the state public school fund for the prior state fiscal year
Page 30, Line 15pursuant to subsection (1)(b) of this section. The joint budget
Page 30, Line 16committee must consider the amount of revenue that was
Page 30, Line 17credited to the state public school fund and whether to
Page 30, Line 18continue crediting money to the state public school fund pursuant to subsection (1)(b) of this section.
Page 30, Line 19SECTION 13. In Colorado Revised Statutes, 22-7-1209, amend (7) as follows:
Page 30, Line 2022-7-1209. State board - rules - department - duties.
Page 30, Line 21(7) Beginning in the 2019-20 budget year, the department shall
contractPage 30, Line 22
with an entity to develop and implement a public information campaignPage 30, Line 23to emphasize the importance of learning to read by third grade and to
Page 30, Line 24highlight the local education providers that are achieving high
Page 31, Line 1percentages of third-grade students who demonstrate reading competency.
Page 31, Line 2The public information campaign must be disseminated statewide and
Page 31, Line 3must emphasize the important roles that educators and parents have in
Page 31, Line 4teaching children to read and in providing a school and home
Page 31, Line 5environment that promotes reading. The department is encouraged to
Page 31, Line 6work with the public and private library agencies throughout the state in developing and implementing the public information campaign.
Page 31, Line 7SECTION 14. In Colorado Revised Statutes, 22-105.5-104, amend (3)(c)(I) as follows:
Page 31, Line 822-105.5-104. Out-of-school time program grant program -
Page 31, Line 9created - use of grants - funding - rules - repeal. (3) (c) (I) For the
Page 31, Line 102024-25, 2025-26, and 2026-27 state fiscal years, the general assembly
Page 31, Line 11shall appropriate three million five hundred thousand dollars in each state
Page 31, Line 12fiscal year from the general fund to the department for purposes of this
Page 31, Line 13section. Any unexpended money remaining at the end of the
Page 31, Line 142024-25 or 2025-26 state fiscal year from an appropriation made pursuant to this subsection (3)(c)(I):
Page 31, Line 15(A) May be used by the department in the 2025-26, 2026-27, or 2027-28 state fiscal years without further appropriation; and
Page 31, Line 16(B) Must not be used for any purpose other than the purposes of this section.
Page 31, Line 17SECTION 15. In Colorado Revised Statutes, 22-105.5-106, amend (1) introductory portion and (5) as follows:
Page 31, Line 1822-105.5-106. Reporting requirements. (1) On or before
JulyPage 31, Line 19
1, 2025, July 1, 2026, and on or before July 1 each year thereafter inPage 31, Line 20which a grant is awarded, each grantee shall submit a report to the
Page 31, Line 21department. At a minimum, the report must include the following information:
Page 32, Line 1(5) On or before
March 31, 2026, March 31, 2027, and on orPage 32, Line 2before March 31 each year thereafter for the duration of the grant
Page 32, Line 3program, the department shall submit a summarized report of information
Page 32, Line 4provided by the eligible entities that received a grant to the education
Page 32, Line 5committees of the senate and the house of representatives, or any successor committees.
Page 32, Line 6SECTION 16. In Colorado Revised Statutes, 42-1-102, amend (88) and (88.5)(a); and add (60.2) as follows:
Page 32, Line 742-1-102. Definitions. As used in articles 1 to 4 of this title 42, unless the context otherwise requires:
Page 32, Line 8(60.2) "Multifunction school activity bus" means a motor
Page 32, Line 9vehicle that is designed and used specifically for the
Page 32, Line 10transportation of school children to or from a school-related
Page 32, Line 11activity, whether the activity occurs within or outside the
Page 32, Line 12territorial limits of a school district and whether or not the
Page 32, Line 13activity occurs during school hours. A "multifunction school
Page 32, Line 14activity bus" must comply with all federal motor vehicle safety
Page 32, Line 15standards and regulations applicable to school buses, except
Page 32, Line 16any standard or regulation requiring the installation of official traffic control devices.
Page 32, Line 17(88) "School bus" means a motor vehicle that is designed and used
Page 32, Line 18specifically for the transportation of school children to or from a public
Page 32, Line 19or private school or a school-related activity, whether the activity occurs
Page 32, Line 20within or
without outside the territorial limits ofany a school districtPage 32, Line 21and whether or not the activity occurs during school hours.
"School bus"Page 32, Line 22
does not include informal or intermittent arrangements, such as sharingPage 33, Line 1
of actual gasoline expense or participation in a car pool, for thePage 33, Line 2
transportation of school children to or from a public or private school orPage 33, Line 3
a school-related activity A "school bus" must comply with allPage 33, Line 4federal motor vehicle safety standards and regulations applicable to school buses.
Page 33, Line 5(88.5) (a) "School vehicle" means a motor vehicle, including, but
Page 33, Line 6not limited to, a school bus or multifunction school activity bus,
Page 33, Line 7that is owned by or under contract to a public or private school and
Page 33, Line 8operated for the transportation of school children to or from school or a school-related activity.
Page 33, Line 9SECTION 17. In Colorado Revised Statutes, 42-4-707, amend
Page 33, Line 10(1)(a) introductory portion and (5) introductory portion; and add (5)(a.5) as follows:
Page 33, Line 1142-4-707. Certain vehicles must stop at railroad grade
Page 33, Line 12crossings - definitions. (1) (a) Except as otherwise provided in this
Page 33, Line 13section, the driver of a school bus, as defined in subsection (5)(b) of this
Page 33, Line 14section or the driver of a multifunction school activity bus, as
Page 33, Line 15defined in subsection (5)(a.5) of this section,
carrying anyPage 33, Line 16
schoolchild the driver of a vehicle carrying hazardous materials that isPage 33, Line 17required to be placarded in accordance with rules issued under section
Page 33, Line 1842-20-108, or the driver of a commercial vehicle, as defined in section
Page 33, Line 1942-4-235, that is transporting passengers, before crossing at grade any tracks of a railroad:
Page 33, Line 20(5)
For the purposes of As used in this section:Page 33, Line 21(a.5) "Multifunction school activity bus" means a
Page 33, Line 22multifunction school activity bus that is required to bear on
Page 33, Line 23the front and rear of the bus the words "ACTIVITY BUS" pursuant to section 42-4-1903 (2)(a.5).
Page 34, Line 1SECTION 18. In Colorado Revised Statutes, 42-4-1901, amend (2)(b) as follows:
Page 34, Line 242-4-1901. School buses - equipped with supplementary brake
Page 34, Line 3retarders. (2) (b) The general assembly encourages school districts to
Page 34, Line 4consider installing
only electromagnetic retarders or state-of-the-artPage 34, Line 5retarders for purposes of supplementing service brake systems of school
Page 34, Line 6buses when such retarders are acquired on or after April 17, 1991. The
Page 34, Line 7general assembly also encourages school districts to consider purchasing
Page 34, Line 8only those new school buses
which that are equipped with externalPage 34, Line 9public address systems and retarders of appropriate capacity for purposes of supplementing any service brake systems of such school buses.
Page 34, Line 10SECTION 19. In Colorado Revised Statutes, amend 42-4-1902 as follows:
Page 34, Line 1142-4-1902. School vehicle drivers - special training required.
Page 34, Line 12On and after July 1, 1992, the driver of
any a school vehicle as definedPage 34, Line 13in section 42-1-102 (88.5) owned or operated by or for
any a schoolPage 34, Line 14district in this state shall have successfully completed training
approvedPage 34, Line 15
by the department of education, concerning driving on mountainousPage 34, Line 16terrain, as defined in section 42-4-1901 (3)(a), and driving in adverse weather conditions.
Page 34, Line 17SECTION 20. In Colorado Revised Statutes, 42-4-1903, amend (1)(a), (2)(a) introductory portion, and (3); and add (2)(a.5) as follows:
Page 34, Line 1842-4-1903. School buses - stops - signs - passing. (1) (a) The
Page 34, Line 19driver of a motor vehicle upon any highway, road, or street, upon meeting
Page 34, Line 20or overtaking from either direction any school bus that has stopped, shall
Page 34, Line 21stop the vehicle at least twenty feet before reaching the school bus if
Page 35, Line 1visual signal lights as specified in subsection (2) of this section have been
Page 35, Line 2actuated on the school bus. The driver shall not proceed until the visual
Page 35, Line 3signal lights are no longer being actuated.
The driver of a motor vehiclePage 35, Line 4
shall stop when a school bus that is not required to be equipped withPage 35, Line 5
visual signal lights by subsection (2) of this section stops to receive or discharge schoolchildren.Page 35, Line 6(2) (a) Every school bus as defined in section 42-1-102 (88), other
Page 35, Line 7than a small passenger-type vehicle having a seating capacity of not more
Page 35, Line 8than
fifteen twelve, used for the transportation of schoolchildrenshall must:Page 35, Line 9(a.5) Every multifunction school activity bus as defined
Page 35, Line 10in section 42-1-102 (60.2) must bear on the front and rear of the
Page 35, Line 11bus the words "ACTIVITY BUS" in black letters not less than eight inches in height.
Page 35, Line 12(3) Every school bus used for the transportation of schoolchildren,
Page 35, Line 13except those small passenger-type vehicles described in subsection (1) of
Page 35, Line 14this section and multifunction school activity buses,
shall must bePage 35, Line 15equipped with school bus pedestrian safety devices that comply with 49 CFR 571.131 or its successor regulation.
Page 35, Line 16SECTION 21. Appropriation. For the 2025-26 state fiscal year,
Page 35, Line 17$7,009,989 is appropriated to the department of education. This
Page 35, Line 18appropriation is from the state education fund created in section 17 (4)(a)
Page 35, Line 19of article IX of the state constitution. To implement this act, the department may use this appropriation for at-risk supplemental aid.
Page 35, Line 20SECTION 22. Appropriation - adjustments to 2025 long bill.
Page 35, Line 21(1) To implement this act, appropriations made in the annual general
Page 35, Line 22appropriation act for the 2025-26 state fiscal year to the department of education are adjusted as follows:
Page 36, Line 1(a) The cash funds appropriation from the state education fund
Page 36, Line 2created in section 17 (4)(a) of article IX of the state constitution for state share of districts' total program funding is decreased by $16,135,769;
Page 36, Line 3(b) The cash funds appropriation from the state education fund
Page 36, Line 4created 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 36, Line 5(c) The cash funds appropriation from public school capital
Page 36, Line 6construction assistance fund created in section 22-43.7-104 (1), C.R.S.,
Page 36, Line 7for public school capital construction assistance board - cash grants is decreased by $45,648,087.
Page 36, Line 8SECTION 23. Safety clause. The general assembly finds,
Page 36, Line 9determines, and declares that this act is necessary for the immediate
Page 36, Line 10preservation of the public peace, health, or safety or for appropriations for
Page 36, Line 11the support and maintenance of the departments of the state and state institutions.