House Bill 25-1320 Revised

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, add 22-30.5-112.4 as follows:

• Page 5, Line 2122-30.5-112.4.  Charter school alignment with total program

• Page 5, Line 22formula. (1)  To ensure the general assembly's continued

• Page 5, Line 23commitment to implementing the new school finance formula,

• Page 6, Line 1the general assembly shall consult a statewide association

• Page 6, Line 2that represents school districts and a statewide association

• Page 6, Line 3that represents charter schools regarding the alignment of

• Page 6, Line 4charter schools into the implementation of the new school

• Page 6, Line 5finance formula. The consultation must include and consider

• Page 6, Line 6the opinions of district charter schools, institute charter

• Page 6, Line 7schools, and superintendents and chief financial officers of

• Page 6, Line 8small rural school districts, rural school districts, and suburban school districts.

• Page 6, Line 9SECTION 3.  In Colorado Revised Statutes, 22-30.5-112, amend

• Page 6, Line 10(2)(a)(III)(A), (2)(a.5)(II), (2)(a.8)(I), (2)(a.9), (2)(c)(II), (2)(e)(II)(B), (3)(a)(II), and (3)(a)(III) as follows:

• Page 6, Line 1122-30.5-112.  Charter schools - financing - guidelines -

• Page 6, Line 12definitions. (2) (a) (III) (A)  For budget year 2000-01and budget years

• Page 6, Line 13thereafter the 2000-01 budget year through the 2025-26 budget

• Page 6, Line 14year, except as otherwise provided in paragraph (a.3) of this subsection

• Page 6, Line 15(2) subsection (2)(a.3) of this section, each charter school and the

• Page 6, Line 16chartering school district shall negotiate funding under the contract. The

• Page 6, Line 17charter school shall must receive one hundred percent of the district per

• Page 6, Line 18pupil revenues for each pupil enrolled in the charter school who is not an

• Page 6, Line 19online pupil and one hundred percent of the district per pupil online

• Page 6, Line 20funding for each online pupil enrolled in the charter school; except that

• Page 6, Line 21the chartering school district may choose to retain the actual amount of

• Page 6, Line 22the charter school's per pupil share of the central administrative overhead

• Page 6, Line 23costs for services actually provided to the charter school, up to five

• Page 6, Line 24percent of the district per pupil revenues for each pupil who is not an

• Page 6, Line 25online pupil enrolled in the charter school, and up to five percent of the

• Page 7, Line 1district per pupil online funding for each online pupil enrolled in the charter school.

• Page 7, Line 2(a.5)  As used in this subsection (2):

• Page 7, Line 3(II)  "District per pupil revenues" means the district's total program

• Page 7, Line 4as defined in section 22-54-103 (6) for any budget year divided by the

• Page 7, Line 5district's funded pupil count as determined by article 54 of this title 22 section 22-54-104 for the applicable budget year.

• Page 7, Line 6(a.8) (I)  For the 2000-01 budget year and budget years thereafter

• Page 7, Line 7through the 2025-26 budget year, the school district shall provide

• Page 7, Line 8federally required educational services to students enrolled in charter

• Page 7, Line 9schools on the same basis as such the services are provided to students

• Page 7, Line 10enrolled in other public schools of the school district. Each charter school

• Page 7, Line 11shall pay an amount equal to the per pupil cost incurred by the school

• Page 7, Line 12district in providing federally required educational services, multiplied by

• Page 7, Line 13the number of students enrolled in the charter school. At either party's

• Page 7, Line 14request, however, the charter school and the school district may negotiate

• Page 7, Line 15and include in the charter contract alternate arrangements for the provision of and payment for federally required educational services.

• Page 7, Line 16(a.9)  For budget year 2002-03 and budget years thereafter the

• Page 7, Line 172002-03 budget year through the 2025-26 budget year, and in

• Page 7, Line 18accordance with section 22-30.5-406, the funding provided by a

• Page 7, Line 19chartering school district to a charter school pursuant to this subsection

• Page 7, Line 20(2) shall be is reduced by the amount of any direct payments of principal

• Page 7, Line 21and interest due on bonds issued on behalf of a charter school by a

• Page 7, Line 22governmental entity other than a school district for the purpose of

• Page 7, Line 23financing charter school capital construction that were made by the state

• Page 7, Line 24treasurer or the chartering school district on behalf of the charter school.

• Page 8, Line 1(c) (II)  For budget year 2000-01 and budget years thereafter the

• Page 8, Line 22000-01 budget year through the 2025-26 budget year, the amount

• Page 8, Line 3of funding received by a charter school pursuant to this subsection (2)

• Page 8, Line 4shall not be less than one hundred percent of the chartering school

• Page 8, Line 5district's district per pupil revenues, minus up to five percent as provided

• Page 8, Line 6in subparagraph (III) of paragraph (a) of this subsection (2) subsection

• Page 8, Line 7(2)(a)(III) of this section multiplied by the number of pupils enrolled

• Page 8, Line 8in the charter school or as otherwise provided in paragraph (a.3) of this

• Page 8, Line 9subsection (2) subsection (2)(a.3) of this section for any charter

• Page 8, Line 10school chartered by a school district that enrolls five hundred or fewer students.

• Page 8, Line 11(e) (II) (B)  Notwithstanding the provisions of subsection

• Page 8, Line 12(2)(e)(II)(A) of this section, if the general assembly amends the "Public

• Page 8, Line 13School Finance Act of 2025", article 54 of this title 22, to count a student

• Page 8, Line 14enrolled in kindergarten only as a half-day pupil, with or without the

• Page 8, Line 15addition of supplemental kindergarten enrollment as defined in section

• Page 8, Line 1622-54-103 (15) for purposes of calculating the funded pupil count as

• Page 8, Line 17determined by article 54 of this title 22 section 22-54-104, a charter

• Page 8, Line 18school may charge the student's parents tuition or a fee for the portion of

• Page 8, Line 19the school day for which it does not receive funding for the student

• Page 8, Line 20pursuant to the "Public School Finance Act of 2025"; except that the

• Page 8, Line 21amount of tuition or fee charged must not exceed the amount of tuition or

• Page 8, Line 22fee that the charter school charged to attend a full-day kindergarten

• Page 8, Line 23educational program for the 2018-19 budget year, adjusted for inflation

• Page 8, Line 24and prorated by the percentage of the school day for which the student is

• Page 8, Line 25no longer funded by the "Public School Finance Act of 2025". As used in

• Page 8, Line 26this subsection (2)(e)(II)(B), "inflation" means the annual percentage

• Page 9, Line 1change in the United States department of labor bureau of labor statistics

• Page 9, Line 2consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable successor index.

• Page 9, Line 3(3) (a) (II)  For budget year 2000-01 and budget years thereafter

• Page 9, Line 4the 2000-01 budget year through the 2025-26 budget year, if the

• Page 9, Line 5charter school and the school district have negotiated to allow the charter

• Page 9, Line 6school to provide federally required educational services pursuant to

• Page 9, Line 7paragraph (a.8) of subsection (2) subsection (2)(a.8) of this section, the

• Page 9, Line 8proportionate share of state and federal resources generated by students

• Page 9, Line 9receiving such the federally required educational services or staff serving

• Page 9, Line 10them shall be is directed by the school district or administrative unit to the charter school enrolling such students.

• Page 9, Line 11(III) (A)  For budget year 2000-01 and budget years thereafter the

• Page 9, Line 122000-01 budget year through the 2025-26 budget year, the

• Page 9, Line 13proportionate share of moneys money generated under federal or state

• Page 9, Line 14categorical aid programs, other than federally required educational

• Page 9, Line 15services, shall be is directed to charter schools serving students eligible

• Page 9, Line 16for such aid; except that a school district that receives small attendance

• Page 9, Line 17center aid pursuant to section 22-54-122 for a small attendance center that

• Page 9, Line 18is a charter school shall forward the entire amount of such aid to the

• Page 9, Line 19charter school for which it was received for district special

• Page 9, Line 20education pupil funding calculated pursuant to section 22-54-103.5 (10).

• Page 9, Line 21(B)  Notwithstanding subsection (3)(a)(III)(A) of this

• Page 9, Line 22section, a school district that receives small attendance center

• Page 9, Line 23aid pursuant to section 22-54-122 for a small attendance center

• Page 9, Line 24that is a charter school shall forward the entire amount of such aid to the charter school for which it was received.

• Page 10, Line 1SECTION 4.  In Colorado Revised Statutes, 22-30.5-112.1, amend (1)(g), (1)(j), and (3)(a) as follows:

• Page 10, Line 222-30.5-112.1.  Charter schools - exclusive jurisdiction districts

• Page 10, Line 3- authorized on or after July 1, 2004 - financing - definitions. (1)  As used in this section, unless the context otherwise requires:

• Page 10, Line 4(g)  "District funded pupil count" means the funded pupil count determined pursuant to article 54 of this title 22 section 22-54-104.

• Page 10, Line 5(j)  "District per pupil revenues" means the qualifying school

• Page 10, Line 6district's total program, as defined in section 22-54-103 (6) calculated

• Page 10, Line 7pursuant to section 22-54-104, for any budget year divided by the

• Page 10, Line 8qualifying school district's funded pupil count determined pursuant to section 22-54-104 for said the budget year.

• Page 10, Line 9(3) (a)  For budget year 2004-05 and budget years thereafter the

• Page 10, Line 102004-05 budget year through the 2025-26 budget year, each district

• Page 10, Line 11charter school and the qualifying school district that approved the charter

• Page 10, Line 12shall negotiate funding under the charter contract. The district charter

• Page 10, Line 13school shall receive one hundred percent of the adjusted district per pupil

• Page 10, Line 14revenues for each pupil enrolled in the district charter school who is not

• Page 10, Line 15an online pupil and one hundred percent of the district per pupil online

• Page 10, Line 16funding for each online pupil enrolled in the district charter school;

• Page 10, Line 17except that the qualifying school district may choose to retain the sum of

• Page 10, Line 18the actual amount of the district charter school's per pupil share of the

• Page 10, Line 19central administrative overhead costs for services actually provided to the

• Page 10, Line 20district charter school, up to five percent of the adjusted district per pupil

• Page 10, Line 21revenues for each pupil who is not an online pupil enrolled in the district

• Page 10, Line 22charter school and up to five percent of the district per pupil online funding for each online pupil enrolled in the district charter school.

• Page 11, Line 1SECTION 5.  In Colorado Revised Statutes, add 22-30.5-112.6 as follows:

• Page 11, Line 222-30.5-112.6.  Charter school funding - 2025-26 budget year - repeal. (1) (a)  A district's one-year incremental funding is:

• Page 11, Line 3Fifteen percent x (the difference between the district's

• Page 11, Line 4total program calculation pursuant to section

• Page 11, Line 522-54-103.5 and the district's total program calculation pursuant to section 22-54-104).

• Page 11, Line 6(b)  A district's adjusted one-year incremental per pupil revenue is:

• Page 11, Line 7District one-year incremental funding / district funded pupil count pursuant to section 22-54-103.5.

• Page 11, Line 8(c) (I)  For the 2025-26 budget year, in addition to charter

• Page 11, Line 9school funding pursuant to section 22-30.5-112 or 22-30.5-112.1,

• Page 11, Line 10as applicable, a district charter school must receive an amount that is equal to:

• Page 11, Line 11District's adjusted one-year incremental per pupil revenue

• Page 11, Line 12x district charter school funded pupil count pursuant to section 22-54-103.5.

• Page 11, Line 13(II)  For the 2025-26 budget year, in addition to charter

• Page 11, Line 14school funding received pursuant to section 22-30.5-513, an

• Page 11, Line 15institute charter school must receive an amount that is equal to:

• Page 11, Line 16Accounting district's adjusted one-year incremental per

• Page 11, Line 17pupil revenue x institute charter school funded pupil

• Page 11, Line 18count pursuant to section 22-54-103.5.

• (2)  This section is repealed, effective July 1, 2027.

• Page 12, Line 1SECTION 6.  In Colorado Revised Statutes, add 22-30.5-112.7 as follows:

• Page 12, Line 222-30.5-112.7.  Charter school funding - greater than

• Page 12, Line 3minimum.An authorizing district or accounting district may

• Page 12, Line 4provide funding that is greater the than minimum amount

• Page 12, Line 5determined pursuant to section 22-30.5-112, 22-30.5-112.1, 22-30.5-112.6, or 22-30.5-513.

• Page 12, Line 6SECTION 7.  In Colorado Revised Statutes, 22-30.5-112.2, amend (2)(a) and (3); and add (2)(c) and (5) as follows:

• Page 12, Line 722-30.5-112.2.  Charter schools - at-risk supplemental aid -

• Page 12, Line 8definitions - legislative declaration - repeal. (2) (a)  For the 2012-13

• Page 12, Line 9budget year and each budget year thereafter through the 2024-25

• Page 12, Line 10budget year, the general assembly shall appropriate to the department

• Page 12, Line 11of education for allocation to school districts the amount calculated for

• Page 12, Line 12at-risk supplemental aid for those school districts and district charter

• Page 12, Line 13schools described in paragraph (b) of this subsection (2) subsection

• Page 12, Line 14(2)(b) of this section. For the 2025-26 budget year and the 2026-27

• Page 12, Line 15budget year, the general assembly shall appropriate to the

• Page 12, Line 16department of education for allocation to school districts the

• Page 12, Line 17amount determined for supplemental aid for those school

• Page 12, Line 18districts and district charter schools described in subsection

• Page 12, Line 19(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 12, Line 20(c)  For the 2025-26 budget year, each school district and

• Page 12, Line 21district charter school's at-risk supplemental aid is the same

• Page 12, Line 22amount that it received in the 2024-25 budget year. For the

• Page 13, Line 12026-27 budget year, each school district and district charter

• Page 13, Line 2school's at-risk supplemental aid is fifty percent of the amount that it received in the 2024-25 budget year.

• Page 13, Line 3(3)  If the appropriation to the department of education is

• Page 13, Line 4insufficient to fund one hundred percent of the at-risk supplemental aid

• Page 13, Line 5calculated pursuant to paragraph (b) of subsection (2) determined

• Page 13, Line 6pursuant to subsection (2) of this section, the department of education

• Page 13, Line 7shall reduce each school district's and each district charter school's at-risk supplemental aid proportionately.

• Page 13, Line 8(5)  This section is repealed, effective July 1, 2028.

• Page 13, Line 9SECTION 8.  In Colorado Revised Statutes, 22-30.5-513, amend

• Page 13, Line 10(1)(e), (1)(j)(II), (2)(b), (2)(e)(II), (4)(a)(I), (4)(a)(I.5) introductory

• Page 13, Line 11portion, (4.5)(a), (4.5)(d), (9)(a) and (10)(a);and add (4.5)(b.5) and (4.5)(e) as follows:

• Page 13, Line 1222-30.5-513.  Institute charter schools - funding - at-risk

• Page 13, Line 13supplemental aid - legislative declaration - definitions - repeal.(1)  Asused in this section, unless the context otherwise requires:

• Page 13, Line 14(e)  "Accounting district's funded pupil count" means the funded

• Page 13, Line 15pupil count determined pursuant to article 54 of this title 22 section 22-54-104.

• Page 13, Line 16(j)  "Online pupil enrollment" means:

• Page 13, Line 17(II)  For the 2008-09 budget year and for budget years thereafter

• Page 13, Line 18through the 2025-26 budget year, the number of pupils, on the pupil

• Page 13, Line 19enrollment count day within the applicable budget year, enrolled in,

• Page 13, Line 20attending, and actively participating in a multi-district online school, as

• Page 13, Line 21defined in section 22-30.7-102 (6), created pursuant to article 30.7 of this

• Page 13, Line 22title by the institute charter school.

• Page 14, Line 1(2) (b)  For budget year 2004-05 and budget years thereafter the

• Page 14, Line 22004-05 budget year through the 2025-26 budget year, each

• Page 14, Line 3institute charter school and the institute shall negotiate funding under the

• Page 14, Line 4charter contract at a minimum of ninety-five percent of the institute

• Page 14, Line 5charter school's accounting district's adjusted per pupil revenues for each

• Page 14, Line 6pupil enrolled in the institute charter school who is not an online pupil

• Page 14, Line 7and ninety-five percent of the institute charter school's accounting

• Page 14, Line 8district's per pupil online funding for each online pupil enrolled in the

• Page 14, Line 9institute charter school. The institute may retain three percent of the

• Page 14, Line 10accounting district's adjusted per pupil revenues for each pupil, who is not

• Page 14, Line 11an online pupil, enrolled in the institute charter school and three percent

• Page 14, Line 12of the accounting district's per pupil online funding for each online pupil enrolled in the institute charter school.

• Page 14, Line 13(e) (II)  Notwithstanding the provisions of subsection (2)(e)(I) of

• Page 14, Line 14this section to the contrary, if the general assembly amends the "Public

• Page 14, Line 15School Finance Act of 2025", article 54 of this title 22, to count a student

• Page 14, Line 16enrolled in kindergarten only as a half-day pupil, with or without the

• Page 14, Line 17addition of supplemental kindergarten enrollment as defined in section

• Page 14, Line 1822-54-103 (15) for purposes of calculating the funded pupil count as

• Page 14, Line 19determined pursuant to article 54 of this title 22 section 22-54-104, an

• Page 14, Line 20institute charter school may charge the student's parents tuition or a fee

• Page 14, Line 21for the portion of the school day for which it does not receive funding for

• Page 14, Line 22the student pursuant to the "Public School Finance Act of 2025"; except

• Page 14, Line 23that the amount of tuition or fee charged must not exceed the amount of

• Page 14, Line 24tuition or fee that the institute charter school charged to attend a full-day

• Page 14, Line 25kindergarten educational program for the 2018-19 budget year, adjusted

• Page 14, Line 26for inflation and prorated by the percentage of the school day for which

• Page 15, Line 1the student is no longer funded by the "Public School Finance Act of

• Page 15, Line 22025". As used in this subsection (2)(e)(II), "inflation" means the annual

• Page 15, Line 3percentage change in the United States department of labor bureau of

• Page 15, Line 4labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable successor index.

• Page 15, Line 5(4) (a) (I)  For each budget year through the 2025-26 budget

• Page 15, Line 6year, each institute charter school, the department shall withhold from

• Page 15, Line 7the state equalization payments of the institute charter school's accounting

• Page 15, Line 8district an amount equal to one hundred percent of the accounting

• Page 15, Line 9district's adjusted per pupil revenues multiplied by the number of pupils

• Page 15, Line 10enrolled in the institute charter school who are not online pupils plus an

• Page 15, Line 11amount equal to one hundred percent of the accounting district's per pupil

• Page 15, Line 12online funding multiplied by the number of online pupils enrolled in the

• Page 15, Line 13institute charter school. The department shall forward to the institute the

• Page 15, Line 14amount withheld minus an amount not to exceed one percent of the

• Page 15, Line 15amount withheld that the department may retain as reimbursement for the

• Page 15, Line 16reasonable and necessary costs to the department to implement the provisions of this part 5.

• Page 15, Line 17(I.5)  For each budget year through the 2025-26 budget

• Page 15, Line 18year, the institute shall forward to each institute charter school an

• Page 15, Line 19amount equal to the institute charter school's pupil enrollment multiplied

• Page 15, Line 20by the accounting district's adjusted per pupil revenues of the institute charter school's accounting district, minus:

• Page 15, Line 21(4.5) (a)  For the 2012-13 budget year and each budget year

• Page 15, Line 22thereafter through the 2024-25 budget year, the general assembly

• Page 15, Line 23shall appropriate to the charter school institute the amount calculated for

• Page 15, Line 24at-risk supplemental aid pursuant to paragraph (b) of this subsection (4.5)

• Page 16, Line 1subsection (4.5)(b) of this section for each institute charter school

• Page 16, Line 2whose percentage of at-risk pupils is less than the percentage of at-risk

• Page 16, Line 3pupils in the accounting district. For the 2025-26 budget year and the

• Page 16, Line 42026-27 budget year, the general assembly shall appropriate to

• Page 16, Line 5the charter school institute for allocation to institute charter

• Page 16, Line 6schools the amount described in subsection (4.5)(b.5) of this

• Page 16, Line 7section. At-risk supplemental aid is additional funding and does not

• Page 16, Line 8supplant any other funding allocated pursuant to this section. The charter

• Page 16, Line 9school institute shall pass through one hundred percent of an institute charter school's at-risk supplemental aid to the institute charter school.

• Page 16, Line 10(b.5)  For the 2025-26 budget year, each institute charter

• Page 16, Line 11school's at-risk supplemental aid is the same amount that it

• Page 16, Line 12received in the 2024-25 budget year. For the 2026-27 budget year,

• Page 16, Line 13each institute charter school's at-risk supplemental aid is fifty

• Page 16, Line 14percent of the amount that it received in the 2024-25 budget year.

• Page 16, Line 15(d)  If the appropriation to the charter school institute is

• Page 16, Line 16insufficient to fund one hundred percent of the at-risk supplemental aid

• Page 16, Line 17calculated determined pursuant to this subsection (4.5), the charter

• Page 16, Line 18school institute shall reduce each institute charter school's at-risk supplemental aid proportionately.

• Page 16, Line 19(e)  This subsection (4.5) is repealed, effective July 1, 2028.

• Page 16, Line 20(9) (a)  For the 2004-05 budget year and for each budget year

• Page 16, Line 21thereafter through the 2025-26 budget year, the proportionate share

• Page 16, Line 22of moneys money generated under federal or state categorical aid

• Page 16, Line 23programs shall be directed to institute charter schools serving students

• Page 16, Line 24eligible for such aid.

• Page 17, Line 1(10) (a)  On or before December 1, 2009, and on or before

• Page 17, Line 2December 1 each year thereafter, a representative from the governing

• Page 17, Line 3board of each institute charter school and the institute board shall meet to

• Page 17, Line 4review the level of funding received by the institute as a result of the

• Page 17, Line 5moneys money withheld by the institute for the amount of actual costs

• Page 17, Line 6incurred by the institute in providing necessary administration, oversight,

• Page 17, Line 7and management services to the institute charter schools. The institute

• Page 17, Line 8charter school representatives and the institute board shall, at a minimum,

• Page 17, Line 9review, for each budget year beginning with the 2004-05 budget year

• Page 17, Line 10through the 2025-26 budget year, the amount of moneys money

• Page 17, Line 11annually appropriated to the institute, the amount of costs incurred by the institute, and the services provided by the institute.

• Page 17, Line 12SECTION 9.  In Colorado Revised Statutes, repeal 22-54-136.

• Page 17, Line 13SECTION 10.  In Colorado Revised Statutes, 22-30.5-408, amend (2)(a) as follows:

• Page 17, Line 1422-30.5-408.  Replenishment of qualified charter school debt

• Page 17, Line 15service reserve funds - additional responsibilities - state treasurer -

• Page 17, Line 16qualified charter schools - definitions. (2) (a)  If the Colorado

• Page 17, Line 17educational and cultural facilities authority has issued qualified charter

• Page 17, Line 18school bonds on behalf of any a qualified charter school that fails

• Page 17, Line 19immediately to restore its qualified charter school debt service reserve

• Page 17, Line 20fund to the applicable qualified charter school debt service reserve fund

• Page 17, Line 21requirement, the board of directors of the authority shall submit to the

• Page 17, Line 22governor a certificate certifying any the amount of money required to

• Page 17, Line 23restore the qualified charter school debt service reserve fund to the

• Page 17, Line 24applicable qualified charter school debt service reserve fund requirement.

• Page 17, Line 25The governor shall submit a request for appropriations in an amount

• Page 18, Line 1sufficient to restore any or all qualified charter school debt reserve funds

• Page 18, Line 2to their respective qualified charter school debt service reserve fund

• Page 18, Line 3requirements, and the general assembly may, but is not required to,

• Page 18, Line 4appropriate money for said that purpose. If, in its sole discretion, the

• Page 18, Line 5general assembly appropriates any money for said that purpose, the

• Page 18, Line 6aggregate outstanding principal amount of bonds for which money may

• Page 18, Line 7be appropriated for said that purpose must not exceed seven hundred fifty million one billion dollars.

• Page 18, Line 8SECTION 11.  In Colorado Revised Statutes, 22-54-103, add (1.5)(e) as follows:

• Page 18, Line 922-54-103.  Definitions. As used in this article 54, unless the context otherwise requires:

• Page 18, Line 10(1.5) (e)  For purposes of this subsection (1.5), a pupil's

• Page 18, Line 11eligibility for free or reduced-price lunch may be demonstrated

• Page 18, Line 12by any means, including identification through an application

• Page 18, Line 13for free or reduced-price lunch pursuant to the federal

• Page 18, Line 14"Richard B. Russell National School Lunch Act", 42 U.S.C. sec.

• Page 18, Line 151751 et seq. or Colorado's participation in the demonstration

• Page 18, Line 16project operated pursuant to 42 U.S.C. sec. 1758 (b)(15) for direct certification for children receiving benefits through medicaid.

• Page 18, Line 17SECTION 12.  In Colorado Revised Statutes, 22-54-103.2, amend (2)(a) and (2)(b) as follows:

• Page 18, Line 1822-54-103.2.  District total program formula report. (2)  In its

• Page 18, Line 19report described pursuant to subsection (1) of this section, the department of education shall report, at a minimum, data demonstrating:

• Page 18, Line 20(a)  The successes and challenges of determining a district's total

• Page 18, Line 21program pursuant to section 22-54-103.3 for reports concerning the

• Page 19, Line 12025-26 budget year through the 2029-30 2030-31 budget year, and the

• Page 19, Line 2successes and challenges of determining a district's total program

• Page 19, Line 3pursuant to section 22-54-103.5 for reports concerning the 2030-31 2031-32 budget year and each budget year thereafter;

• Page 19, Line 4(b)  How district total program, determined pursuant to section

• Page 19, Line 522-54-103.3 for reports concerning the 2025-26 budget year through the

• Page 19, Line 62029-30 2030-31 budget year and determined pursuant to section

• Page 19, Line 722-54-103.5 for reports concerning the 2030-31 2031-32 budget year and

• Page 19, Line 8each budget year thereafter, is being used at the school level, including

• Page 19, Line 9traditional public schools, district charter schools, and institute charter

• Page 19, Line 10schools, and information currently reported by the department of education in district performance snapshots; and

• Page 19, Line 11SECTION 13.  In Colorado Revised Statutes, 22-54-103.3,

• Page 19, Line 12amend (1)(a), (1)(c), (2), (3), (4), (5)(b)(I) introductory portion, (5)(c)(I)(C), and (6) as follows:

• Page 19, Line 1322-54-103.3.  District total program - 2025-26 through 2030-31

• Page 19, Line 14budget years - definitions - repeal. (1) (a)  Notwithstanding any

• Page 19, Line 15provision of law to the contrary, for the 2025-26 budget year through the

• Page 19, Line 162029-30 2030-31 budget year, the department of education shall

• Page 19, Line 17determine each district's total program pursuant to this section. The

• Page 19, Line 18district's total program is available to the district to fund the costs of

• Page 19, Line 19providing public education, and, except as otherwise provided in section

• Page 19, Line 2022-54-105, the district has the discretion to determine the amounts and purposes for budgeting and expending its district total program money.

• Page 19, Line 21(c)  As used in this section, "for the 2025-26 budget year through

• Page 19, Line 22the 2029-30 2030-31 budget year" means the 2025-26 budget year, the

• Page 19, Line 232026-27 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 20, Line 1(2)  For the 2025-26 budget year through the 2029-30 2030-31

• Page 20, Line 2budget year, the department of education shall calculate each district's total program pursuant to sections 22-54-103.5 and 22-54-104.

• Page 20, Line 3(3) (a)  For the 2025-26 budget year, through the 2029-30 budget

• Page 20, Line 4year a district's total program is the greater of the district's total program

• Page 20, Line 5calculation pursuant to section 22-54-104 plus one-half percent of the

• Page 20, Line 6district's total program calculation pursuant to section 22-54-104; or

• Page 20, Line 7determination for the 2024-25 budget year, or the amount

• Page 20, Line 8calculated pursuant to section 22-54-104 plus an amount equal

• Page 20, Line 9to fifteen percent of the difference between the district's total

• Page 20, Line 10program calculation pursuant to section 22-54-103.5 and the

• Page 20, Line 11district's total program calculation pursuant to section 22-54-104.

• Page 20, Line 12(a)  For the 2025-26 budget year, the amount calculated pursuant

• Page 20, Line 13to section 22-54-104 plus an amount equal to eighteen percent of the

• Page 20, Line 14difference between the district's total program calculation pursuant to

• Page 20, Line 15section 22-54-103.5 and the district's total program calculation pursuant to section 22-54-104;

• Page 20, Line 16(b)  For the 2026-27 budget year, the amount calculated pursuant

• Page 20, Line 17to section 22-54-104 plus an amount equal to thirty-four percent of the

• Page 20, Line 18difference between the district's total program calculation pursuant to

• Page 20, Line 19section 22-54-103.5 and the district's total program calculation pursuant

• Page 20, Line 20to section 22-54-104 For the 2026-27 budget year, a district's total

• Page 20, Line 21program is the greater of the district's total program

• Page 20, Line 22determination for the 2024-25 budget year or the amount

• Page 20, Line 23calculated pursuant to section 22-54-104 plus an amount equal

• Page 21, Line 1to thirty percent of the difference between the district's total

• Page 21, Line 2program calculation pursuant to section 22-54-103.5 and the

• Page 21, Line 3district's total program calculation pursuant to section 22-54-104.

• Page 21, Line 4(c)  For the 2027-28 budget year through the 2030-31 budget

• Page 21, Line 5year,the amount calculated pursuant to section 22-54-104 plus an

• Page 21, Line 6amount equal to fifty percent of the difference between the district's total

• Page 21, Line 7program calculation pursuant to section 22-54-103.5 and the district's

• Page 21, Line 8total program calculation pursuant to section 22-54-104 a district's

• Page 21, Line 9total program is the greater of the district's total program

• Page 21, Line 10calculation pursuant to section 22-54-104 plus one percent of

• Page 21, Line 11the district's total program calculation pursuant to section 22-54-104, or:

• Page 21, Line 12(c)  (I)  For the 2027-28 budget year, the amount calculated

• Page 21, Line 13pursuant to section 22-54-104 plus an amount equal to fifty forty-five

• Page 21, Line 14percent of the difference between the district's total program calculation

• Page 21, Line 15pursuant to section 22-54-103.5 and the district's total program calculation pursuant to section 22-54-104;

• Page 21, Line 16(d)  (II)  For the 2028-29 budget year, the amount calculated

• Page 21, Line 17pursuant to section 22-54-104 plus an amount equal to sixty-six sixty

• Page 21, Line 18percent of the difference between the district's total program calculation

• Page 21, Line 19pursuant to section 22-54-103.5 and the district's total program calculation pursuant to section 22-54-104; and

• Page 21, Line 20(e)  (III)  For the 2029-30 budget year, the amount calculated

• Page 21, Line 21pursuant to section 22-54-104 plus an amount equal to eighty-two

• Page 21, Line 22seventy-five percent of the difference between the district's total

• Page 21, Line 23program calculation pursuant to section 22-54-103.5 and the district's total program calculation pursuant to section 22-54-104; and

• Page 22, Line 1(IV)  For the 2030-31 budget year, the amount calculated

• Page 22, Line 2pursuant to section 22-54-104 plus an amount equal to ninety

• Page 22, Line 3percent of the difference between the district's total program

• Page 22, Line 4calculation pursuant to section 22-54-103.5 and the district's total program calculation pursuant to section 22-54-104.

• Page 22, Line 5(4)  For the 2024-25 budget year through the 2029-30 2030-31

• Page 22, Line 6budget year, the joint budget committee shall monitor the fiscal impact of

• Page 22, Line 7the district total program determinations pursuant to this section and the

• Page 22, Line 8fiscal impact of the transition to the total program formula pursuant to

• Page 22, Line 9section 22-54-103.5. At a minimum, the joint budget committee shall

• Page 22, Line 10consider immediate and forecasted economic conditions, the impact or

• Page 22, Line 11trend of the statewide total local share of total program funding, the

• Page 22, Line 12impact or trend of the state education fund, and any other data-driven

• Page 22, Line 13considerations necessary to ensure the sustainable transition to and

• Page 22, Line 14implementation of a new total program formula. The joint budget

• Page 22, Line 15committee and the general assembly may take action necessary to ensure

• Page 22, Line 16the sustainable transition to and implementation of a new total program

• Page 22, Line 17formula. On or after January 1, 2025, when the department of education

• Page 22, Line 18makes mid-year adjustments, the joint budget committee shall develop a

• Page 22, Line 19sustainability plan that makes findings and recommendations regarding

• Page 22, Line 20how the general assembly can fully fund total program determinations

• Page 22, Line 21pursuant to sections 22-54-103.3 and 22-54-103.5. On or after January 1,

• Page 22, Line 222026, and on or after January 1 each year thereafter, when the department

• Page 22, Line 23of education makes mid-year adjustments, the joint budget committee shall review the sustainability plan and update it as necessary.

• Page 22, Line 24(5) (b) (I)  Notwithstanding any provision of this article 54, for the

• Page 23, Line 12024-25 budget year through the 2029-30 2030-31 budget year, if the

• Page 23, Line 2joint budget committee determines that any one of the conditions described in subsection (5)(c) of this section occurred:

• Page 23, Line 3(c) (I)  The requirements described in subsection (5)(b) of this section are initiated if:

• Page 23, Line 4(C)  In either an assessment year or a non-assessment year, the

• Page 23, Line 5March revenue forecast relied on by the general assembly in setting the

• Page 23, Line 6budget for the next state fiscal year estimates that the income tax

• Page 23, Line 7diversion deposit to the state education fund, as required pursuant to

• Page 23, Line 8section 17 of article IX of the state constitution, will decrease by five

• Page 23, Line 9percent or more in either the current budget year or the next budget year.

• Page 23, Line 10If the joint budget committee determines based on forecast

• Page 23, Line 11estimates, as described in this subsection (5)(c)(I)(C), that the

• Page 23, Line 12income tax deposit to the state education fund will decrease by

• Page 23, Line 13five percent or more in either the current budget year or the

• Page 23, Line 14next budget year as a result of a correction to an error in the

• Page 23, Line 15total amount of state education fund revenues deposited as set

• Page 23, Line 16forth in section 22-55-103 (2), then this subsection (5)(c)(I)(C)

• Page 23, Line 17does not initiate the requirements of subsection (5)(b) of this section.

• Page 23, Line 18(6)  This section is repealed, effective July 1, 2031 July 1, 2032.

• Page 23, Line 19SECTION 14.  In Colorado Revised Statutes, 22-54-103.5,

• Page 23, Line 20amend (1)(a), (1)(c)(I), (1)(c)(III), (4),(12)(d), and (12)(e); and add(3) and (13)(b.5) as follows:

• Page 23, Line 2122-54-103.5.  District total program - rules - legislative

• Page 23, Line 22declaration - repeal. (1) (a)  For the 2030-31 2031-32 budget year and

• Page 23, Line 23each budget year thereafter, the department of education shall use this

• Page 24, Line 1section to determine each district's total program. The district's total

• Page 24, Line 2program is available to the district to fund the costs of providing public

• Page 24, Line 3education, and, except as otherwise provided in section 22-54-105, the

• Page 24, Line 4district has the discretion to determine the amounts and purposes for budgeting and expending its district total program money.

• Page 24, Line 5(c) (I)  Notwithstanding any provision of law to the contrary, for

• Page 24, Line 6the 2025-26 budget year through the 2029-30 2030-31 budget year, the

• Page 24, Line 7department of education shall calculate each district's total program

• Page 24, Line 8pursuant to this section for the purpose of determining each district's total

• Page 24, Line 9program pursuant to section 22-54-103.3. The district's total program is

• Page 24, Line 10available to the district to fund the costs of providing public education,

• Page 24, Line 11and, except as otherwise provided in section 22-54-105, the district has

• Page 24, Line 12the discretion to determine the amounts and purposes for budgeting and expending its district total program money.

• Page 24, Line 13(III)  This subsection (1)(c) is repealed, effective July 1, 2031 July 1, 2032.

• Page 24, Line 14(3)  Statewide base per pupil funding. (a) (I)  For the 2025-26

• Page 24, Line 15budget year, the statewide base per pupil funding is eight

• Page 24, Line 16thousand six hundred ninety-one dollars and eighty cents

• Page 24, Line 17($8,691.80), which is an amount equal to eight thousand four

• Page 24, Line 18hundred ninety-six dollars and thirty-eight cents ($8,496.38),

• Page 24, Line 19supplemented by one hundred ninety-five dollars and forty-two cents ($195.42) to account for inflation.

• Page 24, Line 20(II)  This subsection (3)(a) is repealed, effective July 1, 2031.

• (b)  (Reserved)

• Page 24, Line 21(4)  Funded pupil count. Funded pupil count is:

• Page 24, Line 22(a) (I)  For the 2025-26 budget year, the district's online pupil

• Page 25, Line 1enrollment for the applicable budget year plus the district's supplemental

• Page 25, Line 2kindergarten enrollment for the applicable budget year plus the district's

• Page 25, Line 3extended high school pupil enrollment for the applicable budget year plus the greater of:

• Page 25, Line 4(I)  (A)  The district's pupil enrollment for the applicable budget year;

• Page 25, Line 5(II)  (B)  The average of the district's pupil enrollment for the

• Page 25, Line 6applicable budget year and the district's pupil enrollment for the immediately preceding budget year;

• Page 25, Line 7(III)  (C)  The average of the district's pupil enrollment for the

• Page 25, Line 8applicable budget year and the district's pupil enrollment for the two immediately preceding budget years; or

• Page 25, Line 9(IV)  (D)  The average of the district's pupil enrollment for the

• Page 25, Line 10applicable budget year and the district's pupil enrollment for the three immediately preceding budget years.

• Page 25, Line 11(b) (I)  (II)  Notwithstanding any provision of law to the contrary,

• Page 25, Line 12for purposes of this subsection (4)(a), of this section, a district's funded

• Page 25, Line 13pupil count includes the certified pupil enrollment and online pupil

• Page 25, Line 14enrollment of each operating institute charter school for which the district

• Page 25, Line 15is the accounting district, as provided pursuant to subsections (4)(b)(II)

• Page 25, Line 16and (4)(b)(III) subsections (4)(a)(III) and (4)(a)(IV) of this section. The

• Page 25, Line 17department of education shall add the institute charter school's certified

• Page 25, Line 18pupil enrollment and online pupil enrollment to the funded pupil count of

• Page 25, Line 19the district prior to calculating the district's total program pursuant to this section.

• Page 25, Line 20(II)  (III)  For purposes of subsection (4)(b)(I) subsection

• Page 25, Line 21(4)(a)(II) of this section, each operating institute charter school's certified pupil enrollment is the greater of:

• Page 26, Line 1(A)  The operating institute charter school's pupil enrollment for the applicable budget year;

• Page 26, Line 2(B)  The average of the operating institute charter school's pupil

• Page 26, Line 3enrollment for the applicable budget year and the operating institute

• Page 26, Line 4charter school's pupil enrollment for the immediately preceding budget year;

• Page 26, Line 5(C)  The average of the operating institute charter school's pupil

• Page 26, Line 6enrollment for the applicable budget year and the operating institute

• Page 26, Line 7charter school's pupil enrollment for the two immediately preceding budget years; or

• Page 26, Line 8(D)  The average of the operating institute charter school's pupil

• Page 26, Line 9enrollment for the applicable budget year and the operating institute

• Page 26, Line 10charter school's pupil enrollment for the three immediately preceding budget years.

• Page 26, Line 11(III)  (IV)  Notwithstanding any provision of law to the contrary,

• Page 26, Line 12for purposes of subsection (4)(b)(II) subsection (4)(a)(III) of this

• Page 26, Line 13section, an operating institute charter school's pupil enrollment includes

• Page 26, Line 14its online student enrollment, except for multi-district online school student enrollment.

• Page 26, Line 15(c)  (V)  The general assembly finds and declares that for the

• Page 26, Line 16purposes of section 17 of article IX of the state constitution, averaging a

• Page 26, Line 17district's pupil enrollment for the applicable budget year and the district's

• Page 26, Line 18pupil enrollment for the three immediately preceding budget years

• Page 26, Line 19pursuant to this subsection (4) subsection (4)(a), and averaging an

• Page 26, Line 20operating institute charter school's student enrollment and online pupil

• Page 26, Line 21enrollment pursuant to this subsection (4) subsection (4)(a), is a

• Page 27, Line 1program for accountable education reform and may therefore receive

• Page 27, Line 2funding from the state education fund created in section 17 (4) of article IX of the state constitution.

• Page 27, Line 3(d) (I)  (VI) (A)  Notwithstanding any provision of law to the

• Page 27, Line 4contrary, for the purposes of this subsection (4) subsection (4)(a), a

• Page 27, Line 5district's pupil enrollment for the applicable budget year and a district's

• Page 27, Line 6pupil enrollment for a preceding budget year do not include a pupil who

• Page 27, Line 7is or was enrolled in a charter school that was originally authorized by the

• Page 27, Line 8district but was subsequently converted, on or after July 1, 2010, to an

• Page 27, Line 9institute charter school or to a charter school of a district contiguous to the originally original authorizing district.

• Page 27, Line 10(II)  (B)  Notwithstanding any provision of this subsection (4)

• Page 27, Line 11subsection (4)(a) to the contrary, for the purposes of this subsection (4)

• Page 27, Line 12subsection (4)(a), if a district's funded pupil count calculated pursuant

• Page 27, Line 13to this subsection (4) subsection (4)(a), for a budget year is fewer than

• Page 27, Line 14sixty students, the district's funded pupil count for the budget year is sixty students.

• Page 27, Line 15(b) (I)  For the 2026-27 budget year, and each budget year

• Page 27, Line 16thereafter, the district's online pupil enrollment for the

• Page 27, Line 17applicable budget year plus the district's supplemental

• Page 27, Line 18kindergarten enrollment for the applicable budget year plus

• Page 27, Line 19the district's extended high school pupil enrollment for the applicable budget year plus the greater of:

• Page 27, Line 20(A)  The district's pupil enrollment for the applicable budget year;

• Page 27, Line 21(B)  The average of the district's pupil enrollment for the

• Page 27, Line 22applicable budget year and the district's pupil enrollment for the immediately preceding budget year; or

• Page 28, Line 1(C)  The average of the district's pupil enrollment for the

• Page 28, Line 2applicable budget year and the district's pupil enrollment for the two immediately preceding budget years.

• Page 28, Line 3(II)  Notwithstanding any provision of law to the

• Page 28, Line 4contrary, for purposes of this subsection (4)(b), a district's

• Page 28, Line 5funded pupil count includes the certified pupil enrollment and

• Page 28, Line 6online pupil enrollment of each operating institute charter

• Page 28, Line 7school for which the district is the accounting district, as

• Page 28, Line 8provided pursuant to subsections (4)(b)(III) and (4)(b)(IV) of this

• Page 28, Line 9section. The department of education shall add the institute

• Page 28, Line 10charter school's certified pupil enrollment and online pupil

• Page 28, Line 11enrollment to the funded pupil count of the district prior to

• Page 28, Line 12calculating the district's total program pursuant to this section.

• Page 28, Line 13(III)  For purposes of subsection (4)(b)(II) of this section,

• Page 28, Line 14each operating institute charter school's certified pupil enrollment is the greater of:

• Page 28, Line 15(A)  The operating institute charter school's pupil enrollment for the applicable budget year;

• Page 28, Line 16(B)  The average of the operating institute charter

• Page 28, Line 17school's pupil enrollment for the applicable budget year and

• Page 28, Line 18the operating institute charter school's pupil enrollment for the immediately preceding budget year; and

• Page 28, Line 19(C)  The average of the operating institute charter

• Page 28, Line 20school's pupil enrollment for the applicable budget year and

• Page 28, Line 21the operating institute charter school's pupil enrollment for the two immediately preceding budget years.

• Page 29, Line 1(IV)  Notwithstanding any provision of law to the

• Page 29, Line 2contrary, for purposes of subsection (4)(b)(III) of this section, an

• Page 29, Line 3operating institute charter school's pupil enrollment includes

• Page 29, Line 4its online student enrollment, except for multi-district online school student enrollment.

• Page 29, Line 5(V)  The general assembly finds and declares that for the

• Page 29, Line 6purposes of section 17 of article IX of the state constitution,

• Page 29, Line 7averaging a district's pupil enrollment for the applicable

• Page 29, Line 8budget year and the district's pupil enrollment for the two

• Page 29, Line 9immediately preceding budget years pursuant to this subsection

• Page 29, Line 10(4)(b), and averaging an operating institute charter school's

• Page 29, Line 11student enrollment and online pupil enrollment pursuant to

• Page 29, Line 12this subsection (4)(b), is a program for accountable education

• Page 29, Line 13reform and may therefore receive funding from the state

• Page 29, Line 14education fund created in section 17 (4) of article IX of the state constitution.

• Page 29, Line 15 (VI) (A)  Notwithstanding any provision of law to the

• Page 29, Line 16contrary, for the purposes of this subsection (4)(b), a district's

• Page 29, Line 17pupil enrollment for the applicable budget year and a district's

• Page 29, Line 18pupil enrollment for a preceding budget year do not include a

• Page 29, Line 19pupil who is or was enrolled in a charter school that was

• Page 29, Line 20originally authorized by the district but was subsequently

• Page 29, Line 21converted, on or after July 1, 2010, to an institute charter

• Page 29, Line 22school or to a charter school of a district contiguous to the original authorizing district.

• Page 29, Line 23(B)  Notwithstanding any provision of this subsection

• Page 30, Line 1(4)(b) to the contrary, for the purposes of this subsection (4)(b),

• Page 30, Line 2if a district's funded pupil count calculated pursuant to this

• Page 30, Line 3subsection (4)(b) for a budget year is fewer than sixty students,

• Page 30, Line 4the district's funded pupil count for the budget year is sixty students.

• Page 30, Line 5(c)  Notwithstanding subsections (4)(a) and (4)(b) of this

• Page 30, Line 6section, if, for the 2026-27 budget year, each district's total

• Page 30, Line 7program is not determined pursuant to section 22-54-103.3 (3)(b),

• Page 30, Line 8then funded pupil count is determined pursuant to subsection

• Page 30, Line 9(4)(a) of this section for the 2026-27 budget year and each budget year thereafter.

• Page 30, Line 10(d) (I)  Notwithstanding subsection (4)(b) of this section, if

• Page 30, Line 11the state education fund balance is projected to be less than

• Page 30, Line 12two hundred million dollars as of June 30, 2027, based on

• Page 30, Line 13information contained in the March 2027 revenue forecast

• Page 30, Line 14prepared by the legislative council staff, then for the 2027-28

• Page 30, Line 15budget year and each budget year thereafter, the general

• Page 30, Line 16assembly shall implement a smoothing factor or the funded

• Page 30, Line 17pupil count is the district's online pupil enrollment for the

• Page 30, Line 18applicable budget year plus the district's supplemental

• Page 30, Line 19kindergarten enrollment for the applicable budget year plus

• Page 30, Line 20the district's extended high school pupil enrollment for the applicable budget year plus the greater of:

• Page 30, Line 21(A)  The district's pupil enrollment for the applicable budget year; or

• Page 30, Line 22(B)  The average of the district's pupil enrollment for the

• Page 30, Line 23applicable budget year and the district's pupil enrollment for the immediately preceding budget year.

• Page 31, Line 1(I.5)  If the general assembly is required to implement a

• Page 31, Line 2smoothing factor pursuant to subsection (4)(d)(I) of this section,

• Page 31, Line 3then prior to the smoothing factor's implementation, the

• Page 31, Line 4general assembly shall consult a statewide association that

• Page 31, Line 5represents school districts regarding the development and

• Page 31, Line 6implementation of a smoothing factor. The consultation must

• Page 31, Line 7include and consider the opinions of superintendents and chief

• Page 31, Line 8financial officers of small rural school districts, rural school districts, suburban school districts, and urban school districts.

• Page 31, Line 9(II)  Notwithstanding any provision of law to the

• Page 31, Line 10contrary, for purposes of this subsection (4)(d), a district's

• Page 31, Line 11funded pupil count includes the certified pupil enrollment and

• Page 31, Line 12online pupil enrollment of each operating institute charter

• Page 31, Line 13school for which the district is the accounting district, as

• Page 31, Line 14provided pursuant to subsections (4)(d)(III) and (4)(d)(IV) of this

• Page 31, Line 15section. The department of education shall add the institute

• Page 31, Line 16charter school's certified pupil enrollment and online pupil

• Page 31, Line 17enrollment to the funded pupil count of the district prior to

• Page 31, Line 18calculating the district's total program pursuant to this section.

• Page 31, Line 19(III)  For purposes of subsection (4)(d)(II) of this section,

• Page 31, Line 20each operating institute charter school's certified pupil enrollment is the greater of:

• Page 31, Line 21(A)  The operating institute charter school's pupil enrollment for the applicable budget year; or

• Page 31, Line 22(B)  The average of the operating institute charter

• Page 32, Line 1school's pupil enrollment for the applicable budget year and

• Page 32, Line 2the operating institute charter school's pupil enrollment for the immediately preceding budget year.

• Page 32, Line 3(IV)  Notwithstanding any provision of law to the

• Page 32, Line 4contrary, for purposes of subsection (4)(d)(III) of this section, an

• Page 32, Line 5operating institute charter school's pupil enrollment includes

• Page 32, Line 6its online student enrollment, except for multi-district online school student enrollment.

• Page 32, Line 7(V) (A)  Notwithstanding any provision of law to the

• Page 32, Line 8contrary, for the purposes of this subsection (4)(d), a district's

• Page 32, Line 9pupil enrollment for the applicable budget year does not

• Page 32, Line 10include a pupil who is or was enrolled in a charter school that

• Page 32, Line 11was originally authorized by the district but was subsequently

• Page 32, Line 12converted, on or after July 1, 2010, to an institute charter

• Page 32, Line 13school or to a charter school of a district contiguous to the original authorizing district.

• Page 32, Line 14(B)  Notwithstanding any provision of this subsection

• Page 32, Line 15(4)(d) to the contrary, for the purposes of this subsection (4)(d),

• Page 32, Line 16if a district's funded pupil count calculated pursuant to this

• Page 32, Line 17subsection (4)(d) for a budget year is fewer than sixty students,

• Page 32, Line 18the district's funded pupil count for the budget year is sixty students.

• Page 32, Line 19(e)  If the department of education determines that a

• Page 32, Line 20district's pupil enrollment or operating institute charter

• Page 32, Line 21school's pupil enrollment for a preceding budget year included

• Page 32, Line 22pupils who were not reported as multi-district online pupils, but

• Page 32, Line 23were determined by the department of education to have been

• Page 33, Line 1educated in a setting that was equivalent to a multi-district

• Page 33, Line 2online program, the department of education shall use the

• Page 33, Line 3adjusted district pupil enrollment or operating institute

• Page 33, Line 4charter school's pupil enrollment for that preceding budget

• Page 33, Line 5year when determining funded pupil count pursuant to this subsection (4).

• Page 33, Line 6(12)  District locale factor funding. (d)  A district's classification,

• Page 33, Line 7as described pursuant to subsection (12)(b) or (12)(c) of this section, is

• Page 33, Line 8determined by the latest classifications or classification criteria issued by

• Page 33, Line 9the national center for education statistics in the institute of education

• Page 33, Line 10sciences of the United States department of education education's

• Page 33, Line 11latest classification criteria or the classification criteria

• Page 33, Line 12issued immediately prior to the latest classification criteria, whichever is the greater percentage.

• Page 33, Line 13(e) (I)  Notwithstanding subsection (12)(d) of this section, if a

• Page 33, Line 14district does not align with a classification issued by the national center

• Page 33, Line 15for education statistics, the department of education shall designate the

• Page 33, Line 16district's locale factor based on considerations that align it with a similarly

• Page 33, Line 17situated district that has a classification issued by the national center for

• Page 33, Line 18education statistics. If the department of education is required to

• Page 33, Line 19designate the district's locale factor pursuant to this subsection (12)(e), the

• Page 33, Line 20department of education shall consult with legislative counsel staff

• Page 33, Line 21concerning the adjustment for any information necessary to make an appropriate designation.

• Page 33, Line 22(II)  For purposes of this subsection (12)(e), the department

• Page 33, Line 23may exclude from the district's funded pupil count that is used

• Page 33, Line 24to determine a district's locale factor pursuant to subsection

• Page 34, Line 1(12)(b) of this section the number of pupils on the pupil

• Page 34, Line 2enrollment count day within the applicable budget year

• Page 34, Line 3enrolled in, attending, and actively participating in a

• Page 34, Line 4multi-district online school, as defined in section 22-30.7-102, created pursuant to article 30.7 of this title 22.

• Page 34, Line 5(13)  District size factor funding. (b.5)  For purposes of

• Page 34, Line 6subsection (13)(b)(I) through (13)(b)(VI) of this section, a

• Page 34, Line 7district's funded pupil count does not include the number of

• Page 34, Line 8pupils, on the pupil enrollment count day within the applicable

• Page 34, Line 9budget year, the number of pupils enrolled in, attending, and

• Page 34, Line 10actively participating in a multi-district online school, as

• Page 34, Line 11defined in section 22-30.7-102, created pursuant to article 30.7 of this title 22.

• Page 34, Line 12SECTION 15.  In Colorado Revised Statutes, 22-54-103.5, add (14) as follows:

• Page 34, Line 1322-54-103.5.  District total program - rules - legislative

• Page 34, Line 14declaration - repeal. (14)  Total program funding. (a) (I)  For the

• Page 34, Line 152025-26 budget year, the department of education and the staff

• Page 34, Line 16of the legislative council shall determine, based on budget

• Page 34, Line 17projections, the amount to ensure that for the 2025-26 budget

• Page 34, Line 18year, the sum of total program funding for all districts,

• Page 34, Line 19including funding for institute charter schools, is at least ten

• Page 34, Line 20billion thirty-six million seventy thousand seven hundred

• Page 34, Line 21forty-eight dollars ($10,036,070,748); except that the

• Page 34, Line 22department of education and the staff of the legislative council

• Page 34, Line 23shall make mid-year revisions to replace projections with

• Page 34, Line 24actual figures, including actual pupil enrollment, assessed

• Page 35, Line 1valuations, and specific ownership tax revenue from the prior

• Page 35, Line 2year to determine any necessary changes in the amount to maintain total program funding for the applicable budget year.

• Page 35, Line 3(II)  This subsection (14)(a) is repealed, effective July 1, 2031.

• Page 35, Line 4(b)  (Reserved)

• Page 35, Line 5SECTION 16.  In Colorado Revised Statutes, 22-54-103.5, add (14) as follows:

• Page 35, Line 622-54-103.5.  District total program - rules - legislative

• Page 35, Line 7declaration - repeal. (14)  Total program funding. (a) (I)  For the

• Page 35, Line 82025-26 budget year, the department of education and the staff

• Page 35, Line 9of the legislative council shall determine, based on budget

• Page 35, Line 10projections, the amount to ensure that for the 2025-26 budget

• Page 35, Line 11year, the sum of total program funding for all districts,

• Page 35, Line 12including funding for institute charter schools, is at least ten

• Page 35, Line 13billion thirty-one million six hundred six thousand ninety

• Page 35, Line 14dollars ($10,031,606,090); except that the department of

• Page 35, Line 15education and the staff of the legislative council shall make

• Page 35, Line 16mid-year revisions to replace projections with actual figures,

• Page 35, Line 17including actual pupil enrollment, assessed valuations, and

• Page 35, Line 18specific ownership tax revenue from the prior year to determine

• Page 35, Line 19any necessary changes in the amount to maintain total program funding for the applicable budget year.

• Page 35, Line 20(II)  This subsection (14)(a) is repealed, effective July 1, 2031.

• Page 35, Line 21(b)  (Reserved)

• Page 35, Line 22SECTION 17.  In Colorado Revised Statutes, 22-54-104, amend (1)(c)(I) and (8); and add (7)(i) and (7)(j) as follows:

• Page 36, Line 122-54-104.  District total program - legislative declaration -

• Page 36, Line 2definitions - repeal. (1) (c) (I)  Notwithstanding any provision of law to

• Page 36, Line 3the contrary, for the 2025-26 budget year through the 2029-30 2030-31

• Page 36, Line 4budget year, the department of education shall calculate each district's

• Page 36, Line 5total program pursuant to this section for the purpose of determining each

• Page 36, Line 6district's total program pursuant to section 22-54-103.3. The district's total

• Page 36, Line 7program is available to the district to fund the costs of providing public

• Page 36, Line 8education, and, except as otherwise provided in section 22-54-105, the

• Page 36, Line 9district has the discretion to determine the amounts and purposes for budgeting and expending its district total program money.

• Page 36, Line 10(7) (i)  Notwithstanding any provision of this subsection

• Page 36, Line 11(7), for the 2027-28 budget year and each budget year

• Page 36, Line 12thereafter, when calculating each district's total program

• Page 36, Line 13pursuant to this section for the purpose of determining a

• Page 36, Line 14district's total program pursuant to section 22-54-103.3, the

• Page 36, Line 15department of education shall use the same funded pupil count

• Page 36, Line 16that it uses pursuant to section 22-54-103.5 (4) for the purpose of

• Page 36, Line 17determining a district's total program pursuant to section 22-54-103.3.

• Page 36, Line 18(j)  If the department of education determines that a

• Page 36, Line 19district's pupil enrollment or operating institute charter

• Page 36, Line 20school's pupil enrollment for a preceding budget year included

• Page 36, Line 21pupils who were not reported as multi-district online pupils, but

• Page 36, Line 22were determined by the department of education to have been

• Page 36, Line 23educated in a setting that was equivalent to a multi-district

• Page 36, Line 24online program, the department of education shall use the

• Page 37, Line 1adjusted district pupil enrollment or operating institute

• Page 37, Line 2charter school's pupil enrollment for that preceding budget

• Page 37, Line 3year when determining funded pupil count pursuant to this subsection (7).

• Page 37, Line 4(8)  This section is repealed, effective July 1, 2031 July 1, 2032.

• Page 37, Line 5SECTION 18.  In Colorado Revised Statutes, 22-54-104.6,

• Page 37, Line 6amend(1)(a) introductory portion, (1)(b), and (12); and add (1.5) as follows:

• Page 37, Line 722-54-104.6.  Implementation of at-risk measure - legislative

• Page 37, Line 8declaration - definitions - repeal. (1) (a)  The general assembly finds

• Page 37, Line 9and declares that implementing a new an improved at-risk measure for

• Page 37, Line 10identifying students who are at risk of below-average academic

• Page 37, Line 11performance because of socioeconomic disadvantages or poverty will benefit Colorado students by:

• Page 37, Line 12(b)  Therefore, it is the intent of the general assembly to create a

• Page 37, Line 13working group convened by the commissioner of education to determine

• Page 37, Line 14how to construct and implement the new continuously improve the

• Page 37, Line 15construction and implementation of the at-risk measure for use in the state's public school funding formula.

• Page 37, Line 16(1.5) (a)  In order to account for students who are at-risk

• Page 37, Line 17of below-average academic performance and education

• Page 37, Line 18outcomes because of socioeconomic disadvantages or poverty,

• Page 37, Line 19but who may not qualify for free or reduced price lunch, the

• Page 37, Line 20department of education shall collect data necessary to identify individual student census block groups.

• Page 37, Line 21(b)  Notwithstanding subsection (1.5)(a) of this section, the

• Page 37, Line 22state board may promulgate rules that direct the department

• Page 38, Line 1of education to suspend the collection of data pursuant to

• Page 38, Line 2subsection (1.5)(a) of this section, if the collected data indicates

• Page 38, Line 3that the student population identified in subsection (1.5)(a) of

• Page 38, Line 4this section is substantially similar to the at-risk student

• Page 38, Line 5population that is identified through free and reduced price

• Page 38, Line 6lunch and direct certification. The state board may also

• Page 38, Line 7promulgate rules that direct the department of education to

• Page 38, Line 8re-start the collection of data pursuant to subsection (1.5)(a) of this section, after a suspension of data collection.

• Page 38, Line 9(12)  Subsections (4) to (11) (2) to (11.7) of this section are repealed, effective July 1, 2025.

• Page 38, Line 10SECTION 19.  In Colorado Revised Statutes, 22-41-102, amend (3)(i)(IV), (3)(j)(IV), and (3)(k)(III) as follows:

• Page 38, Line 1122-41-102.  Fund inviolate. (3) (i)  For the 2024-25 state fiscal

• Page 38, Line 12year, interest and income earned on the investment of the money in the public school fund must be used or credited as follows:

• Page 38, Line 13(IV)  Any additional interest and income remaining in the public

• Page 38, Line 14school fund may be credited as specified by the general assembly, taking

• Page 38, Line 15into consideration the recommendations of the public school fund

• Page 38, Line 16investment board described in section 22-41-102.5 (4)(a)(III), or, if not

• Page 38, Line 17credited pursuant to this subsection (3)(i)(IV), remains in the public

• Page 38, Line 18school fund is credited to the public school capital construction assistance fund pursuant to section 22-43.7-104 (2)(d.5).

• Page 38, Line 19(j)  For the 2025-26 state fiscal year, interest and income earned on

• Page 38, Line 20the investment of the money in the public school fund must be used or credited as follows:

• Page 38, Line 21(IV)  Any additional interest and income remaining in the public

• Page 39, Line 1school fund may be credited as specified by the general assembly, taking

• Page 39, Line 2into consideration the recommendations of the public school fund

• Page 39, Line 3investment board described in section 22-41-102.5 (4)(a)(III), or, if not

• Page 39, Line 4credited pursuant to this subsection (3)(j)(IV), remains in the public

• Page 39, Line 5school fund is credited to the public school capital construction assistance fund pursuant to section 22-43.7-104 (2)(d.5).

• Page 39, Line 6(k)  For the 2026-27 state fiscal year and each state fiscal year

• Page 39, Line 7thereafter, interest and income earned on the investment of the money in the public school fund must be used or credited as follows:

• Page 39, Line 8(III)  Any additional interest and income remaining in the public

• Page 39, Line 9school fund may be credited as specified by the general assembly, taking

• Page 39, Line 10into consideration the recommendations of the public school fund

• Page 39, Line 11investment board described in section 22-41-102.5 (4)(a)(III), or, if not

• Page 39, Line 12credited pursuant to this subsection (3)(k)(III), remains in the public

• Page 39, Line 13school fund is credited to the public school capital construction assistance fund pursuant to section 22-43.7-104 (2)(d.5).

• Page 39, Line 14SECTION 20.  In Colorado Revised Statutes, 22-43.7-104, amend (1) and (2)(d)(I); and add(2)(d.5) and(7) as follows:

• Page 39, Line 1522-43.7-104.  Public school capital construction assistance fund

• Page 39, Line 16- creation - crediting of money to fund - use of fund - emergency

• Page 39, Line 17reserve - creation - reserve account - creation and use - definition -

• Page 39, Line 18report. (1) (a)  The public school capital construction assistance fund is

• Page 39, Line 19hereby created in the state treasury. Subject to the limitation set

• Page 39, Line 20forth in subsection (1)(b)(I) of this section, the principal of the

• Page 39, Line 21assistance fund shall consist consists of all moneys money transferred

• Page 39, Line 22or credited to the assistance fund pursuant to subsection (2) of this

• Page 39, Line 23section. Except as otherwise provided in subsection (1)(b)(I) of this

• Page 40, Line 1section, all interest and income earned on the deposit and investment of

• Page 40, Line 2moneys money in the assistance fund shall be is credited to the assistance

• Page 40, Line 3fund and shall not be is not transferred to the general fund or any other fund at the end of any fiscal year.

• Page 40, Line 4(b) (I) (A)  For the 2024-25 state fiscal year, and each state

• Page 40, Line 5fiscal year thereafter, the total amount of revenue credited in

• Page 40, Line 6the state fiscal year to the assistance fund pursuant to this

• Page 40, Line 7section must not exceed one hundred fifty million dollars,

• Page 40, Line 8which amount must be annually adjusted for inflation for each state fiscal year thereafter.

• Page 40, Line 9(B)  For the 2024-25 state fiscal year, and each state fiscal

• Page 40, Line 10year thereafter, the state treasurer shall credit to the state

• Page 40, Line 11public school fund created in section 22-54-114 (1) any amount of

• Page 40, Line 12revenue that exceeds in the state fiscal year one hundred fifty

• Page 40, Line 13million dollars, as adjusted annually for inflation for state

• Page 40, Line 14fiscal years commencing on or after July 1, 2025, that otherwise

• Page 40, Line 15would be credited to the assistance fund pursuant to this section.

• Page 40, Line 16(II)  Notwithstanding subsection (1)(b)(I) of this section,

• Page 40, Line 17the total amount of revenue described in subsection (1)(b)(I) of

• Page 40, Line 18this section does not include money credited to the assistance fund pursuant to subsection (2)(d.5) of this section.

• Page 40, Line 19(III)  As used in this subsection (1)(b), "inflation" means the

• Page 40, Line 20annual percentage increase in the United States department of

• Page 40, Line 21labor's bureau of labor statistics consumer price index, or a

• Page 40, Line 22successor index, for Denver-Aurora-Lakewood for all items

• Page 40, Line 23paid for by urban consumers.

• Page 41, Line 1(2) (d) (I) (A)  For the state fiscal year commencing July 1, 2018,

• Page 41, Line 2the state treasurer, as provided in section 39-28.8-305 (1)(a), shall credit

• Page 41, Line 3to the assistance fund the greater of the first forty million dollars received

• Page 41, Line 4and collected from the excise tax on retail marijuana imposed pursuant to

• Page 41, Line 5part 3 of article 28.8 of title 39 or ninety percent of the money received

• Page 41, Line 6and collected from the tax. For the state fiscal year commencing July 1,

• Page 41, Line 72019, and for each state fiscal year thereafter except for the state fiscal

• Page 41, Line 8year commencing July 1, 2020, the state treasurer, as provided in section

• Page 41, Line 939-28.8-305 (1)(a), shall annually credit to the assistance fund all of the

• Page 41, Line 10money received and collected from the excise tax on retail marijuana

• Page 41, Line 11imposed pursuant to part 3 of article 28.8 of title 39. For the state fiscal

• Page 41, Line 12year commencing July 1, 2020, the state treasurer, as provided in section

• Page 41, Line 1339-28.8-305 (1)(a), shall credit to the assistance fund the lesser of the first

• Page 41, Line 14forty million dollars received and collected from the excise tax on retail

• Page 41, Line 15marijuana imposed pursuant to part 3 of article 28.8 of title 39 or all of

• Page 41, Line 16the money received and collected from the tax. For state fiscal years

• Page 41, Line 17commencing before July 1, 2019, the state treasurer shall credit twelve

• Page 41, Line 18and five-tenths percent of the amount annually credited pursuant to this

• Page 41, Line 19subsection (2)(d) to the charter school facilities assistance account, which

• Page 41, Line 20account is created within the assistance fund. For each state fiscal year

• Page 41, Line 21commencing on or after July 1, 2019, the state treasurer shall credit to the

• Page 41, Line 22charter school facilities assistance account a percentage of the amount

• Page 41, Line 23credited pursuant to this subsection (2)(d) that is equal to the percentage

• Page 41, Line 24of pupil enrollment, as defined in section 22-54-103 (10), statewide

• Page 41, Line 25represented by pupils who were enrolled in charter schools for the prior

• Page 41, Line 26school year. The department of education shall notify the state treasurer

• Page 41, Line 27of the applicable percentage no later than June 1 of the immediately

• Page 42, Line 1preceding fiscal year For the state fiscal year commencing July 1,

• Page 42, Line 22019, and for each state fiscal year thereafter, the state

• Page 42, Line 3treasurer, as provided in section 39-28.8-305 (1)(a), shall

• Page 42, Line 4annually credit to the assistance fund all of the money

• Page 42, Line 5received and collected from the excise tax on retail marijuana

• Page 42, Line 6imposed 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 42, Line 7(B)  There is created within the assistance fund the

• Page 42, Line 8charter school facilities assistance account. For the 2019-20

• Page 42, Line 9state fiscal year, and each state fiscal year thereafter, the

• Page 42, Line 10state treasurer shall credit to the charter school facilities

• Page 42, Line 11assistance account a percentage of the amount credited

• Page 42, Line 12pursuant to this subsection (2)(d) that is equal to the

• Page 42, Line 13percentage of pupil enrollment, as defined in section 22-54-103,

• Page 42, Line 14statewide represented by pupils who were enrolled in charter

• Page 42, Line 15schools for the prior school year. The department of education

• Page 42, Line 16shall notify the state treasurer of the applicable percentage no later than June 1 of the immediately preceding state fiscal year.

• Page 42, Line 17(d.5)  For the 2024-25 state fiscal year and each state

• Page 42, Line 18fiscal year thereafter, the state treasurer shall credit to the

• Page 42, Line 19assistance fund the additional interest and income remaining in

• Page 42, Line 20the public school fund pursuant to section 22-41-102 (3)(i)(IV), (3)(j)(IV), and (3)(k)(III).

• Page 42, Line 21(7)  In its budget request submitted to the joint budget

• Page 42, Line 22committee each November 1, the office of state planning and

• Page 42, Line 23budgeting shall report the amount of revenue that was credited

• Page 42, Line 24to the state public school fund for the prior state fiscal year

• Page 43, Line 1pursuant to subsection (1)(b) of this section. The joint budget

• Page 43, Line 2committee must consider the amount of revenue that was

• Page 43, Line 3credited to the state public school fund and whether to

• Page 43, Line 4continue crediting money to the state public school fund pursuant to subsection (1)(b) of this section.

• Page 43, Line 5SECTION 21.  In Colorado Revised Statutes, 22-55-103, add (6) as follows:

• Page 43, Line 622-55-103.  State education fund - creation - transfers to fund

• Page 43, Line 7- use of money in fund - permitted investments - exempt from

• Page 43, Line 8spending limitations - kids matter account - definition - repeal.

• Page 43, Line 9(6) (a)  As used in this subsection (6), unless the context

• Page 43, Line 10otherwise requires, "account" means the kids matter account created in subsection (6)(b) of this section.

• Page 43, Line 11(b) (I)  The kids matter account is created in the state

• Page 43, Line 12education fund. Beginning July 1, 2026, state fiscal year, the

• Page 43, Line 13state treasurer must deposit in the account all state revenues

• Page 43, Line 14collected from an existing tax on sixty-five percent of

• Page 43, Line 15one-tenth of one percent on federal taxable income, as modified

• Page 43, Line 16by law, of every individual, estate, trust, and corporation, as defined in law.

• Page 43, Line 17(II)  The account consists of money deposited into the

• Page 43, Line 18account pursuant to subsection (6)(b)(I) of this section; any

• Page 43, Line 19money transferred to the account by the general assembly; and

• Page 43, Line 20any gifts, grants, or donations from any public or private

• Page 43, Line 21sources that the department of education is authorized to seek

• Page 43, Line 22and accept. The state treasurer shall credit all interest and

• Page 43, Line 23income derived from the deposit and investment of money in the account to the account.

• Page 44, Line 1(III)  the money in the account is subject to annual

• Page 44, Line 2appropriation by the general assembly to the department of education only for the purpose of funding:

• Page 44, Line 3(A)  District total program funding; and

• (B)  Total state funding for all categorical programs.

• Page 44, Line 4(IV)  Any money not expended or encumbered, and all

• Page 44, Line 5interest earned on the investment or deposit of money in the

• Page 44, Line 6account, remains in the account at the end of any state fiscal year.

• Page 44, Line 7(c) (I)  Beginning July 1, 2026, the legislative council staff,

• Page 44, Line 8in consultation with the office of state planning and budgeting,

• Page 44, Line 9shall calculate the amount of revenue to be deposited in the

• Page 44, Line 10account pursuant to this section. The legislative council staff

• Page 44, Line 11and the office of state planning and budgeting shall use the

• Page 44, Line 12quarterly state revenue estimates issued by the legislative

• Page 44, Line 13council staff in calculating the amount and update the

• Page 44, Line 14calculation not later than five days after the issuance of each quarterly state revenue estimate.

• Page 44, Line 15(II)  To ensure that the correct amount of revenue is deposited in the account:

• Page 44, Line 16(A)  No later than two days after calculating or updating

• Page 44, Line 17the calculation, the legislative council staff, in consultation

• Page 44, Line 18with the office of state planning and budgeting, shall certify to

• Page 44, Line 19the department of revenue the amount of revenue that the

• Page 44, Line 20department shall transfer to the state treasurer for deposit

• Page 44, Line 21into the account on the first business day of each of the next three calendar months;

• Page 45, Line 1(B)  Notwithstanding subsection (6)(c)(II)(A) of this

• Page 45, Line 2section, no later than May 25, 2027, and no later than May 25 of

• Page 45, Line 3each state fiscal year thereafter, the legislative council staff,

• Page 45, Line 4in consultation with the office of state planning and budgeting,

• Page 45, Line 5may certify to the department of revenue an adjusted amount for any deposit to be made on the first business day of June; and

• Page 45, Line 6(C)  Subject to review by the state auditor, the legislative

• Page 45, Line 7council staff, in consultation with the office of state planning

• Page 45, Line 8and budgeting, may correct an error in the amount of revenue

• Page 45, Line 9transferred during any state fiscal year by adjusting the

• Page 45, Line 10amount of any transfer to be made during the next state fiscal year.

• Page 45, Line 11(III)  Beginning July 1, 2026, and on the first business day of

• Page 45, Line 12each calendar month thereafter, the department of revenue

• Page 45, Line 13shall transfer to the state treasurer for deposit into the

• Page 45, Line 14account revenue in an amount certified to the department of

• Page 45, Line 15revenue by the legislative council staff, in consultation with

• Page 45, Line 16the office of state planning and budgeting, pursuant to subsections (6)(c)(II)(A) and (6)(c)(II)(B) of this section.

• Page 45, Line 17SECTION 22.  In Colorado Revised Statutes, 22-7-1209, amend (7) as follows:

• Page 45, Line 1822-7-1209.  State board - rules - department - duties.

• Page 45, Line 19(7)  Beginning in the 2019-20 budget year, the department shall contract

• Page 45, Line 20with an entity to develop and implement a public information campaign

• Page 45, Line 21to emphasize the importance of learning to read by third grade and to

• Page 45, Line 22highlight the local education providers that are achieving high

• Page 46, Line 1percentages of third-grade students who demonstrate reading competency.

• Page 46, Line 2The public information campaign must be disseminated statewide and

• Page 46, Line 3must emphasize the important roles that educators and parents have in

• Page 46, Line 4teaching children to read and in providing a school and home

• Page 46, Line 5environment that promotes reading. The department is encouraged to

• Page 46, Line 6work with the public and private library agencies throughout the state in developing and implementing the public information campaign.

• Page 46, Line 7SECTION 23.  In Colorado Revised Statutes, 22-105.5-104, amend (3)(c)(I) as follows:

• Page 46, Line 822-105.5-104.  Out-of-school time program grant program -

• Page 46, Line 9created - use of grants - funding - rules - repeal. (3) (c) (I)  For the

• Page 46, Line 102024-25, 2025-26, and 2026-27 state fiscal years, the general assembly

• Page 46, Line 11shall appropriate three million five hundred thousand dollars in each state

• Page 46, Line 12fiscal year from the general fund to the department for purposes of this

• Page 46, Line 13section. Any unexpended money remaining at the end of the

• Page 46, Line 142024-25 or 2025-26 state fiscal year from an appropriation made pursuant to this subsection (3)(c)(I):

• Page 46, Line 15(A)  May be used by the department in the2025-26 or 2026-27state fiscal years without further appropriation; and

• Page 46, Line 16(B)  Must not be used for any purpose other than the purposes of this section.

• Page 46, Line 17SECTION 24.  In Colorado Revised Statutes, 22-105.5-106, amend (1) introductory portion and (5) as follows:

• Page 46, Line 1822-105.5-106.  Reporting requirements. (1)  On or before July

• Page 46, Line 191, 2025, July 1, 2026, and on or before July 1 each year thereafter in

• Page 46, Line 20which a grant is awarded, each grantee shall submit a report to the

• Page 46, Line 21department. At a minimum, the report must include the following information:

• Page 47, Line 1(5)  On or before March 31, 2026, March 31, 2027, and on or

• Page 47, Line 2before March 31 each year thereafter for the duration of the grant

• Page 47, Line 3program, the department shall submit a summarized report of information

• Page 47, Line 4provided by the eligible entities that received a grant to the education

• Page 47, Line 5committees of the senate and the house of representatives, or any successor committees.

• Page 47, Line 6SECTION 25.  In Colorado Revised Statutes, 42-1-102, amend (88) and (88.5)(a); and add (60.2) as follows:

• Page 47, Line 742-1-102.  Definitions. As used in articles 1 to 4 of this title 42, unless the context otherwise requires:

• Page 47, Line 8(60.2)  "Multifunction school activity bus" means a motor

• Page 47, Line 9vehicle that is designed and used specifically for the

• Page 47, Line 10transportation of school children to or from a school-related

• Page 47, Line 11activity, whether the activity occurs within or outside the

• Page 47, Line 12territorial limits of a school district and whether or not the

• Page 47, Line 13activity occurs during school hours. A "multifunction school

• Page 47, Line 14activity bus" must comply with all federal motor vehicle safety

• Page 47, Line 15standards and regulations applicable to school buses, except

• Page 47, Line 16any standard or regulation requiring the installation of official traffic control devices.

• Page 47, Line 17(88)  "School bus" means a motor vehicle that is designed and used

• Page 47, Line 18specifically for the transportation of school children to or from a public

• Page 47, Line 19or private school or a school-related activity, whether the activity occurs

• Page 47, Line 20within or without outside the territorial limits of any a school district

• Page 47, Line 21and whether or not the activity occurs during school hours. "School bus"

• Page 47, Line 22does not include informal or intermittent arrangements, such as sharing

• Page 48, Line 1of actual gasoline expense or participation in a car pool, for the

• Page 48, Line 2transportation of school children to or from a public or private school or

• Page 48, Line 3a school-related activity A "school bus" must comply with all

• Page 48, Line 4federal motor vehicle safety standards and regulations applicable to school buses.

• Page 48, Line 5(88.5) (a)  "School vehicle" means a motor vehicle, including, but

• Page 48, Line 6not limited to, a school bus or multifunction school activity bus,

• Page 48, Line 7that is owned by or under contract to a public or private school and

• Page 48, Line 8operated for the transportation of school children to or from school or a school-related activity.

• Page 48, Line 9SECTION 26.  In Colorado Revised Statutes, 42-4-707, amend

• Page 48, Line 10(1)(a) introductory portion and (5) introductory portion; and add (5)(a.5) as follows:

• Page 48, Line 1142-4-707.  Certain vehicles must stop at railroad grade

• Page 48, Line 12crossings - definitions. (1) (a)  Except as otherwise provided in this

• Page 48, Line 13section, the driver of a school bus, as defined in subsection (5)(b) of this

• Page 48, Line 14section or the driver of a multifunction school activity bus, as

• Page 48, Line 15defined in subsection (5)(a.5) of this section,carrying any

• Page 48, Line 16schoolchild the driver of a vehicle carrying hazardous materials that is

• Page 48, Line 17required to be placarded in accordance with rules issued under section

• Page 48, Line 1842-20-108, or the driver of a commercial vehicle, as defined in section

• Page 48, Line 1942-4-235, that is transporting passengers, before crossing at grade any tracks of a railroad:

• Page 48, Line 20(5)  For the purposes of As used in this section:

• Page 48, Line 21(a.5)  "Multifunction school activity bus" means a

• Page 48, Line 22multifunction school activity bus that is required to bear on

• Page 48, Line 23the front and rear of the bus the words "ACTIVITY BUS" pursuant to section 42-4-1903 (2)(a.5).

• Page 49, Line 1SECTION 27.  In Colorado Revised Statutes, 42-4-1901, amend (2)(b) as follows:

• Page 49, Line 242-4-1901.  School buses - equipped with supplementary brake

• Page 49, Line 3retarders. (2) (b)  The general assembly encourages school districts to

• Page 49, Line 4consider installing only electromagnetic retarders or state-of-the-art

• Page 49, Line 5retarders for purposes of supplementing service brake systems of school

• Page 49, Line 6buses when such retarders are acquired on or after April 17, 1991. The

• Page 49, Line 7general assembly also encourages school districts to consider purchasing

• Page 49, Line 8only those new school buses which that are equipped with external

• Page 49, Line 9public address systems and retarders of appropriate capacity for purposes of supplementing any service brake systems of such school buses.

• Page 49, Line 10SECTION 28.  In Colorado Revised Statutes, amend 42-4-1902 as follows:

• Page 49, Line 1142-4-1902.  School vehicle drivers - special training required.

• Page 49, Line 12On and after July 1, 1992, the driver of any a school vehicle as defined

• Page 49, Line 13in section 42-1-102 (88.5) owned or operated by or for any a school

• Page 49, Line 14district in this state shall have successfully completed training approved

• Page 49, Line 15by the department of education, concerning driving on mountainous

• Page 49, Line 16terrain, as defined in section 42-4-1901 (3)(a), and driving in adverse weather conditions.

• Page 49, Line 17SECTION 29.  In Colorado Revised Statutes, 42-4-1903, amend (1)(a), (2)(a) introductory portion, and (3); and add (2)(a.5) as follows:

• Page 49, Line 1842-4-1903.  School buses - stops - signs - passing. (1) (a)  The

• Page 49, Line 19driver of a motor vehicle upon any highway, road, or street, upon meeting

• Page 49, Line 20or overtaking from either direction any school bus that has stopped, shall

• Page 49, Line 21stop the vehicle at least twenty feet before reaching the school bus if

• Page 50, Line 1visual signal lights as specified in subsection (2) of this section have been

• Page 50, Line 2actuated on the school bus. The driver shall not proceed until the visual

• Page 50, Line 3signal lights are no longer being actuated. The driver of a motor vehicle

• Page 50, Line 4shall stop when a school bus that is not required to be equipped with

• Page 50, Line 5visual signal lights by subsection (2) of this section stops to receive or discharge schoolchildren.

• Page 50, Line 6(2) (a)  Every school bus as defined in section 42-1-102 (88), other

• Page 50, Line 7than a small passenger-type vehicle having a seating capacity of not more

• Page 50, Line 8than fifteen twelve, used for the transportation of schoolchildren shall must:

• Page 50, Line 9(a.5)  Every multifunction school activity bus as defined

• Page 50, Line 10in section 42-1-102 (60.2) must bear on the front and rear of the

• Page 50, Line 11bus the words "ACTIVITY BUS" in black letters not less than eight inches in height.

• Page 50, Line 12(3)  Every school bus used for the transportation of schoolchildren,

• Page 50, Line 13except those small passenger-type vehicles described in subsection (1) of

• Page 50, Line 14this section and multifunction school activity buses,shall must be

• Page 50, Line 15equipped with school bus pedestrian safety devices that comply with 49 CFR 571.131 or its successor regulation.

• Page 50, Line 16SECTION 30.  Appropriation. For the 2025-26 state fiscal year,

• Page 50, Line 17$7,009,989 is appropriated to the department of education. This

• Page 50, Line 18appropriation is from the state education fund created in section 17 (4)(a)

• Page 50, Line 19of article IX of the state constitution. To implement this act, the department may use this appropriation for at-risk supplemental aid.

• Page 50, Line 20SECTION 31.  Appropriation. For the 2025-26 state fiscal year,

• Page 50, Line 21$7,600,000 is appropriated to the department of education. This

• Page 50, Line 22appropriation is from the public school capital construction assistance

• Page 51, Line 1fund created in section 22-43.7-104 (1), C.R.S. To implement this act, the

• Page 51, Line 2department may use this appropriation for public school capital construction assistance board - cash grants.

• Page 51, Line 3SECTION 32.  Appropriation. For the 2025-26 state fiscal year,

• Page 51, Line 4$25,000,000 is appropriated to the department of education for use by

• Page 51, Line 5school district operations. This amount is from the public school capital

• Page 51, Line 6construction assistance fund created in section 22-43.7-104 (1), C.R.S.,

• Page 51, Line 7and consists of $12,500,000 from matching money paid by the entities

• Page 51, Line 8that use facilities financed pursuant to sections 22-43.7-104 (2)(b)(IV)

• Page 51, Line 9and 22-43.7-110 (2)(c), C.R.S., and $12,500,000 from other money in the

• Page 51, Line 10fund. To implement this act, the division may use this appropriation for public school capital construction assistance board - lease payments.

• Page 51, Line 11SECTION 33.  Appropriation - adjustments to 2025 long bill.

• Page 51, Line 12(1)  To implement this act, appropriations made in the annual general

• Page 51, Line 13appropriation act for the 2025-26 state fiscal year to the department of education are adjusted as follows:

• Page 51, Line 14(a)  The cash funds appropriation from the state education fund

• Page 51, Line 15created in section 17 (4)(a) of article IX of the state constitution for state share of districts' total program funding is decreased by$15,775,837;

• Page 51, Line 16(b)  The cash funds appropriation from the state education fund

• Page 51, Line 17created 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 51, Line 18(c)  The cash funds appropriation from public school capital

• Page 51, Line 19construction assistance fund created in section 22-43.7-104 (1), C.R.S.,

• Page 51, Line 20for public school capital construction assistance board - cash grants is decreased by $45,648,087.

• Page 51, Line 21SECTION 34.  Effective date. (1) Except as otherwise provided in this section, this act takes effect upon passage.

• Page 52, Line 1(2)  Section 10 of this act takes effect only if Senate Bill 25-315 does not become law.

• Page 52, Line 2(3)  Section 11 of this act takes effect only if Senate Bill 25-315

• Page 52, Line 3becomes law, in which case section 11 takes effect upon the passage of this act or Senate Bill 25-315, whichever is later.

• Page 52, Line 4SECTION 35.  Safety clause. The general assembly finds,

• Page 52, Line 5determines, and declares that this act is necessary for the immediate

• Page 52, Line 6preservation of the public peace, health, or safety or for appropriations for

• Page 52, Line 7the support and maintenance of the departments of the state and state institutions.