A Bill for an Act
Page 1, Line 101Concerning creating a grant program for the development
Page 1, Line 102of community schoolyards.
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.)
The bill creates the community schoolyards grant program (grant program) in the division of local government (division) within the department of local affairs. The grant program is a 2-part grant program that includes:
- The planning and design grant program (planning program), which awards up to $150,000 to each grant recipient selected by the division for the planning and design of a community schoolyard; and
- The capital construction and improvement grant program (construction program), which awards up to $850,000 to each grant recipient selected by the division for the capital construction of a community schoolyard.
- Announcing each of the programs;
- Accepting applications from eligible applicants for each of the programs;
- Selecting the grant recipients for each of the programs;
- Distributing grant money to the grant recipients for each of the programs; and
- Establishing reporting timelines and requirements for each of the programs.
The division shall implement a timeline for the planning program and the construction program (programs), which must include:
On or before January 15, 2028, the division shall compile a report summarizing the grant recipient reports from the programs. The division shall submit the report to the education committees of the house of representatives and senate; the house of representatives transportation, housing, and local government committee; and the senate local government and housing committee, or their successor committees.
The division may adopt rules to carry out the purposes of the grant program.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add 24-32-135 as
Page 2, Line 3follows:
Page 2, Line 424-32-135. Community schoolyards grant program - creation
Page 2, Line 5- report - rules - definitions - repeal. (1) As used in this section,
Page 2, Line 6unless the context otherwise requires:
Page 2, Line 7(a) "Capital construction and improvement grant
Page 2, Line 8program" or "construction program" means the capital
Page 2, Line 9construction and improvement grant program created in
Page 2, Line 10subsection (2)(a)(II) of this section that is part of the community
Page 2, Line 11schoolyards grant program.
Page 3, Line 1(b) "Community schoolyard" means a park-like
Page 3, Line 2environment located at an elementary or secondary school
Page 3, Line 3that strengthens local ecological systems, provides a wide
Page 3, Line 4range of hands-on learning resources, enhances health and
Page 3, Line 5well-being for students and community members, and fosters
Page 3, Line 6nature-play and social opportunities for students and
Page 3, Line 7community members.
Page 3, Line 8(c) "Community schoolyards grant program" or "grant
Page 3, Line 9program" means the community schoolyards grant program
Page 3, Line 10created in subsection (2)(a) of this section, which consists of two
Page 3, Line 11grant programs: The planning and design grant program created
Page 3, Line 12in subsection (2)(a)(I) of this section and the capital
Page 3, Line 13construction and improvement grant program created in
Page 3, Line 14subsection (2)(a)(II) of this section.
Page 3, Line 15(d) "Community schoolyards grant program fund" or
Page 3, Line 16"fund" means the community schoolyards grant program fund
Page 3, Line 17created in subsection (7) of this section.
Page 3, Line 18(e) "Eligible applicant" means a school of a school
Page 3, Line 19district, a school district, a district charter school, an institute
Page 3, Line 20charter school, the state charter school institute, a board of
Page 3, Line 21cooperative services created and operating pursuant to article
Page 3, Line 225 of title 22, or an Indian Tribe or Tribal organization.
Page 3, Line 23(f) "Grant recipient" means an eligible applicant that the
Page 3, Line 24division selects to receive money through the grant program.
Page 3, Line 25(g) "Local education provider" means a school district, a
Page 3, Line 26charter school authorized by a school district pursuant to part
Page 3, Line 271 of article 30.5 of title 22, a charter school authorized by the
Page 4, Line 1state charter school institute pursuant to part 5 of article 30.5
Page 4, Line 2of title 22, or a board of cooperative services created and
Page 4, Line 3operating pursuant to article 5 of title 22.
Page 4, Line 4(h) "Planning and design grant program" or "planning
Page 4, Line 5program" means the planning and design grant program created
Page 4, Line 6in subsection (2)(a)(I) of this section that is part of the
Page 4, Line 7community schoolyards grant program.
Page 4, Line 8(2) (a) The community schoolyards grant program is
Page 4, Line 9created in the division. The community schoolyards grant
Page 4, Line 10program is a two-part grant program that includes:
Page 4, Line 11(I) The planning and design grant program, which awards
Page 4, Line 12up to one hundred fifty thousand dollars to each grant
Page 4, Line 13recipient selected by the division for the planning and design of
Page 4, Line 14a community schoolyard; and
Page 4, Line 15(II) The capital construction and improvement grant
Page 4, Line 16program, which awards up to eight hundred fifty thousand
Page 4, Line 17dollars to each grant recipient selected by the division for the
Page 4, Line 18capital construction of a community schoolyard.
Page 4, Line 19(b) The purpose of the community schoolyards grant
Page 4, Line 20program is to address inequities in underserved and
Page 4, Line 21underfunded schools and communities, specifically communities
Page 4, Line 22socially or economically affected by the development,
Page 4, Line 23processing, or energy conversion of minerals and mineral fuels
Page 4, Line 24subject to taxation pursuant to article 29 of title 39, by:
Page 4, Line 25(I) Making community schoolyards accessible to the
Page 4, Line 26broader community outside of school hours;
Page 4, Line 27(II) Improving physical activity and mental health
Page 5, Line 1opportunities for students and community members; and
Page 5, Line 2(III) Incorporating natural landscapes, natural
Page 5, Line 3playgrounds, and recreational spaces that promote adaptation;
Page 5, Line 4sustainability; resilience; and hands-on learning across subject
Page 5, Line 5matters, including science, technology, engineering, arts, and
Page 5, Line 6mathematics.
Page 5, Line 7(c) For the planning program and the construction
Page 5, Line 8program, the division shall consider and give preference to the
Page 5, Line 9eligible applicants whose applications contain the following
Page 5, Line 10materials:
Page 5, Line 11(I) Documentation of a community-use agreement with the
Page 5, Line 12local government or Indian Tribe or Tribal organization that
Page 5, Line 13enables the community schoolyard to serve as a community
Page 5, Line 14facility outside of school hours. The community-use agreement
Page 5, Line 15must include, at a minimum, the following:
Page 5, Line 16(A) A definition of the roles and responsibilities of the
Page 5, Line 17local government or Indian Tribe or Tribal organization and
Page 5, Line 18the eligible applicant in the operation, use, safety, and
Page 5, Line 19maintenance of the community schoolyard;
Page 5, Line 20(B) Consideration of liability issues for community use of
Page 5, Line 21the community schoolyard;
Page 5, Line 22(C) A definition of the hours of operation for community
Page 5, Line 23use of the community schoolyard; and
Page 5, Line 24(D) Documentation of the community use of the
Page 5, Line 25community schoolyard;
Page 5, Line 26(II) Documentation of a partnership between the eligible
Page 5, Line 27applicant and a community-based organization with expertise in
Page 6, Line 1outdoor learning spaces or outdoor education spaces that has
Page 6, Line 2experience working with local education providers;
Page 6, Line 3(III) Documentation of the amount of matching funds that
Page 6, Line 4the eligible applicant intends to provide to augment grant
Page 6, Line 5money received from the grant program and the anticipated
Page 6, Line 6amount and source of any matching funds; and
Page 6, Line 7(IV) A demonstration of the need for a community
Page 6, Line 8schoolyard that uses a nationally recognized interactive map
Page 6, Line 9to help identify the top locations to build a community
Page 6, Line 10schoolyard.
Page 6, Line 11(d) The division may consult with the state board of the
Page 6, Line 12great outdoors Colorado trust fund established pursuant to
Page 6, Line 13section 6 of article XXVII of the state constitution, the outdoor
Page 6, Line 14equity board created in section 33-9-203, the environmental
Page 6, Line 15justice advisory board created in section 25-1-134 (2), and the
Page 6, Line 16public school capital construction assistance board created in
Page 6, Line 17section 22-43.7-106 regarding the grant program.
Page 6, Line 18(3) (a) On or before January 15, 2026, the division shall
Page 6, Line 19implement a timeline for the planning program, which must
Page 6, Line 20include:
Page 6, Line 21(I) Announcing the planning program;
Page 6, Line 22(II) Accepting applications from eligible applicants;
Page 6, Line 23(III) Selecting the grant recipients;
Page 6, Line 24(IV) Distributing grant money to the grant recipients; and
Page 6, Line 25(V) Establishing reporting timelines and requirements for
Page 6, Line 26the grant recipients of the planning program. Grant recipients
Page 6, Line 27shall report, at a minimum, the following to the division:
Page 7, Line 1(A) The amount of money received from the planning
Page 7, Line 2program;
Page 7, Line 3(B) The number of students affected by the grant; and
Page 7, Line 4(C) A description of how the grant money was spent.
Page 7, Line 5(b) Grant recipients of the planning program shall
Page 7, Line 6develop professional plan, design, and construction documents
Page 7, Line 7through a community-centered participatory design process in
Page 7, Line 8collaboration with students, educators, and community
Page 7, Line 9members. The planning and design documents for the community
Page 7, Line 10schoolyard must include:
Page 7, Line 11(I) Ecological, climate, and biodiversity goals;
Page 7, Line 12(II) Education and health goals;
Page 7, Line 13(III) Recreation goals;
Page 7, Line 14(IV) Accessibility standards;
Page 7, Line 15(V) The number of students enrolled at each school
Page 7, Line 16served by the grant;
Page 7, Line 17(VI) The total acreage size of the school property;
Page 7, Line 18(VII) The acreage size of the proposed community
Page 7, Line 19schoolyard;
Page 7, Line 20(VIII) A concept plan drawing of the proposed community
Page 7, Line 21schoolyard design, which must incorporate design features that
Page 7, Line 22create healthy and environmentally sound spaces. Design
Page 7, Line 23features may include:
Page 7, Line 24(A) Food and pollinator gardens;
Page 7, Line 25(B) Natural playgrounds, including natural and
Page 7, Line 26nature-based elements, including rock gardens, sand boxes,
Page 7, Line 27stump logs, streams, living plants, and other features that are
Page 8, Line 1integrated with the outdoor landscape and vegetation;
Page 8, Line 2(C) Stormwater management;
Page 8, Line 3(D) Traditional playground equipment;
Page 8, Line 4(E) Climate-appropriate non-invasive plants and
Page 8, Line 5vegetation;
Page 8, Line 6(F) Walking trails;
Page 8, Line 7(G) Shade trees;
Page 8, Line 8(H) Outdoor classrooms with chalkboards, tables, sinks,
Page 8, Line 9and large sitting areas for teachers to lead outdoor lessons; or
Page 8, Line 10(I) Calm spaces for children;
Page 8, Line 11(IX) Identification of community partners, including
Page 8, Line 12nonprofit organizations or design professionals that have
Page 8, Line 13expertise in outdoor learning spaces or outdoor education
Page 8, Line 14spaces; and
Page 8, Line 15(X) A plan for the long-term maintenance of the
Page 8, Line 16community schoolyard.
Page 8, Line 17(c) The community-based organization described in
Page 8, Line 18subsection (2)(c)(II) of this section shall provide technical
Page 8, Line 19assistance to the grant recipient to help facilitate the
Page 8, Line 20community-centered participatory design process to plan and
Page 8, Line 21design park-like spaces, outdoor learning spaces, or outdoor
Page 8, Line 22education spaces with students, educators, and community
Page 8, Line 23members, as described in subsection (3)(b) of this section.
Page 8, Line 24(4) (a) On or before January 15, 2026, the division shall
Page 8, Line 25implement a timeline for the construction program, which must
Page 8, Line 26include:
Page 8, Line 27(I) Announcing the construction program;
Page 9, Line 1(II) Accepting applications from eligible applicants;
Page 9, Line 2(III) Selecting the grant recipients;
Page 9, Line 3(IV) Distributing grant money to the grant recipients; and
Page 9, Line 4(V) Establishing reporting timelines and requirements for
Page 9, Line 5the grant recipients of the construction program. Grant
Page 9, Line 6recipients must report, at a minimum, the following to the
Page 9, Line 7division:
Page 9, Line 8(A) The number of students affected by the grant;
Page 9, Line 9(B) A description of how the grant money was spent; and
Page 9, Line 10(C) The establishment of a community-use agreement, as
Page 9, Line 11described in subsection (2)(c)(I) of this section, for community
Page 9, Line 12access and use of the community schoolyard outside of school
Page 9, Line 13hours.
Page 9, Line 14(b) If the proposed community schoolyard construction
Page 9, Line 15project exceeds one million dollars, the grant recipient must
Page 9, Line 16have a minimum of twenty-five percent of the total construction
Page 9, Line 17budget available as matching funds at the time of the grant
Page 9, Line 18award. The total construction budget may include in-kind
Page 9, Line 19contributions.
Page 9, Line 20(c) Eligible applicants who did not apply to the planning
Page 9, Line 21program may apply to the construction program and must
Page 9, Line 22submit the professional plan, design, and construction
Page 9, Line 23documents described in subsection (3)(b) of this section to the
Page 9, Line 24division during the construction program application period
Page 9, Line 25described in subsection (4)(a)(II) of this section. Eligible
Page 9, Line 26applicants must provide evidence that the professional plan,
Page 9, Line 27design, and construction documents were created through a
Page 10, Line 1community-centered participatory design process in
Page 10, Line 2collaboration with students, educators, and community
Page 10, Line 3members.
Page 10, Line 4(5) On or before January 15, 2028, the division shall
Page 10, Line 5compile a report summarizing the grant recipient reports from
Page 10, Line 6the planning program received pursuant to subsection (3)(a)(V)
Page 10, Line 7of this section and the construction program pursuant to
Page 10, Line 8subsection (4)(a)(V) of this section. The division shall submit the
Page 10, Line 9report to the education committees of the house of
Page 10, Line 10representatives and senate; the house of representatives
Page 10, Line 11transportation, housing, and local government committee; and
Page 10, Line 12the senate local government and housing committee, or their
Page 10, Line 13successor committees.
Page 10, Line 14(6) The division may adopt rules to carry out the purposes
Page 10, Line 15of this section.
Page 10, Line 16(7) (a) The community schoolyards grant program fund is
Page 10, Line 17created in the state treasury. The fund consists of gifts, grants,
Page 10, Line 18and donations credited to the fund and any other money that
Page 10, Line 19the general assembly may appropriate or transfer to the fund.
Page 10, Line 20Subject to annual appropriation by the general assembly, the
Page 10, Line 21division may expend money from the fund for purposes of the
Page 10, Line 22grant program. The state treasurer shall credit all interest
Page 10, Line 23and income derived from the deposit and investment of money in
Page 10, Line 24the community schoolyards grant program fund to the fund.
Page 10, Line 25(b) On September 1, 2025, the state treasurer shall
Page 10, Line 26transfer to the fund four million dollars from the local
Page 10, Line 27government severance tax fund that distributes seventy
Page 11, Line 1percent of funds to political subdivisions socially or
Page 11, Line 2economically affected by the development, processing, or
Page 11, Line 3energy conversion of minerals and mineral fuels subject to
Page 11, Line 4taxation pursuant to section 39-29-110 (1)(b).
Page 11, Line 5(c) The state treasurer shall transfer all unexpended
Page 11, Line 6and unencumbered money in the fund on October 1, 2028, to the
Page 11, Line 7local government severance tax fund created pursuant to
Page 11, Line 8section 39-29-110 (1)(a).
Page 11, Line 9(d) This subsection (7) is repealed, effective January 1,
Page 11, Line 102029.
Page 11, Line 11(8) This section is repealed, effective January 1, 2030.
Page 11, Line 12SECTION 2. In Colorado Revised Statutes, 39-29-110, add
Page 11, Line 13(1)(b)(VI) as follows:
Page 11, Line 1439-29-110. Local government severance tax fund - creation -
Page 11, Line 15administration - definitions - repeal. (1) (b) (VI) In addition to the
Page 11, Line 16distribution of money authorized pursuant to subsections
Page 11, Line 17(1)(b)(I), (1)(b)(II), (1)(b)(III), and (1)(b)(IV) of this section, on
Page 11, Line 18September 1, 2025, the state treasurer shall transfer four
Page 11, Line 19million dollars from the local government severance tax fund
Page 11, Line 20to the community schoolyards grant program fund created in
Page 11, Line 21section 24-32-135 (7) for purposes of funding eligible grant
Page 11, Line 22applicants who are socially or economically affected by the
Page 11, Line 23development, processing, or energy conversion of minerals and
Page 11, Line 24mineral fuels subject to taxation pursuant to this article 29 to
Page 11, Line 25build community schoolyards, as defined in section 24-32-135 (1).
Page 11, Line 26SECTION 3. Act subject to petition - effective date. This act
Page 11, Line 27takes effect at 12:01 a.m. on the day following the expiration of the
Page 12, Line 1ninety-day period after final adjournment of the general assembly; except
Page 12, Line 2that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 12, Line 3of the state constitution against this act or an item, section, or part of this
Page 12, Line 4act within such period, then the act, item, section, or part will not take
Page 12, Line 5effect unless approved by the people at the general election to be held in
Page 12, Line 6November 2026 and, in such case, will take effect on the date of the
Page 12, Line 7official declaration of the vote thereon by the governor.