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.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
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-use partner" means a partner that enters
Page 3, Line 16into a community-use agreement with an eligible applicant and
Page 3, Line 17the partnership complies with the requirements set forth in
Page 3, Line 18subsection (2)(d) of this section.
Page 3, Line 19(e) "Eligible applicant" means a local government or a
Page 3, Line 20school district.
Page 3, Line 21(f) "Grant recipient" means an eligible applicant that the
Page 3, Line 22division selects to receive money through the grant program.
Page 3, Line 23(g) "Local government" means a municipality, a county,
Page 3, Line 24special districts, and other political subdivisions and state
Page 3, Line 25agencies.
Page 3, Line 26(h) "Planning and design grant program" or "planning
Page 3, Line 27program" means the planning and design grant program created
Page 4, Line 1in subsection (2)(a)(I) of this section that is part of the
Page 4, Line 2community schoolyards grant program.
Page 4, Line 3(2) (a) The community schoolyards grant program is
Page 4, Line 4created in the division. The community schoolyards grant
Page 4, Line 5program is a two-part grant program that includes:
Page 4, Line 6(I) The planning and design grant program, which awards
Page 4, Line 7up to one hundred fifty thousand dollars to each grant
Page 4, Line 8recipient selected by the division for the planning and design of
Page 4, Line 9a community schoolyard; and
Page 4, Line 10(II) The capital construction and improvement grant
Page 4, Line 11program, which awards up to eight hundred fifty thousand
Page 4, Line 12dollars to each grant recipient selected by the division for the
Page 4, Line 13capital construction of a community schoolyard.
Page 4, Line 14(b) The purpose of the community schoolyards grant
Page 4, Line 15program is to address inequities in underserved and
Page 4, Line 16underfunded schools and communities, specifically communities
Page 4, Line 17socially or economically affected by the development,
Page 4, Line 18processing, or energy conversion of minerals and mineral fuels
Page 4, Line 19subject to taxation pursuant to article 29 of title 39, by:
Page 4, Line 20(I) Making community schoolyards accessible to the
Page 4, Line 21broader community outside of school hours;
Page 4, Line 22(II) Improving physical activity and mental health
Page 4, Line 23opportunities for students and community members; and
Page 4, Line 24(III) Incorporating natural landscapes, natural
Page 4, Line 25playgrounds, and recreational spaces that promote adaptation;
Page 4, Line 26sustainability; resilience; and hands-on learning across subject
Page 4, Line 27matters, including science, technology, engineering, arts, and
Page 5, Line 1mathematics.
Page 5, Line 2(c) For the planning program and the construction
Page 5, Line 3program, the division shall consider eligible applicants whose
Page 5, Line 4applications contain the following materials:
Page 5, Line 5(I) Documentation of a community-use agreement between
Page 5, Line 6the eligible applicant and a community-use partner that enables
Page 5, Line 7the community schoolyard to serve as a community facility
Page 5, Line 8outside of school hours. The community-use agreement must
Page 5, Line 9include, at a minimum, the following:
Page 5, Line 10(A) A definition of the roles and responsibilities of the
Page 5, Line 11eligible applicant and the community-use partner in the
Page 5, Line 12operation, use, safety, and maintenance of the community
Page 5, Line 13schoolyard;
Page 5, Line 14(B) Consideration of liability issues for community use of
Page 5, Line 15the community schoolyard;
Page 5, Line 16(C) A definition of the hours of operation for community
Page 5, Line 17use of the community schoolyard; and
Page 5, Line 18(D) Documentation of the community use of the
Page 5, Line 19community schoolyard;
Page 5, Line 20(II) Documentation of a partnership between the eligible
Page 5, Line 21applicant and a community-based organization with expertise in
Page 5, Line 22outdoor learning spaces or outdoor education spaces that has
Page 5, Line 23experience working with local education providers;
Page 5, Line 24(III) Documentation of the amount of matching funds or
Page 5, Line 25in-kind contributions that the eligible applicant intends to
Page 5, Line 26provide to augment grant money received from the grant
Page 5, Line 27program and the anticipated amount and source of any matching
Page 6, Line 1funds or in-kind contributions; and
Page 6, Line 2(IV) A demonstration of the need for a community
Page 6, Line 3schoolyard that uses a nationally recognized interactive map
Page 6, Line 4to help identify the top locations to build a community
Page 6, Line 5schoolyard.
Page 6, Line 6(d) (I) A local government that is an eligible applicant
Page 6, Line 7must enter into a community-use agreement with a
Page 6, Line 8community-use partner that includes, but is not limited to, a
Page 6, Line 9school of a school district, a school district, a district charter
Page 6, Line 10school, an institute charter school, the state charter school
Page 6, Line 11institute, or a board of cooperative services created and
Page 6, Line 12operated pursuant to article 5 of title 22.
Page 6, Line 13(II) A school district that is an eligible applicant must
Page 6, Line 14enter into a community-use agreement with a community-use
Page 6, Line 15partner that is a local government.
Page 6, Line 16(e) The division may consult with the state board of the
Page 6, Line 17great outdoors Colorado trust fund established pursuant to
Page 6, Line 18section 6 of article XXVII of the state constitution, the outdoor
Page 6, Line 19equity board created in section 33-9-203, the environmental
Page 6, Line 20justice advisory board created in section 25-1-134 (2), and the
Page 6, Line 21public school capital construction assistance board created in
Page 6, Line 22section 22-43.7-106 regarding the grant program.
Page 6, Line 23(3) (a) On or before January 15, 2026, the division shall
Page 6, Line 24implement a timeline for the planning program, which must
Page 6, Line 25include:
Page 6, Line 26(I) Announcing the planning program;
Page 6, Line 27(II) Accepting applications from eligible applicants and
Page 7, Line 1reviewing applications in a timely manner;
Page 7, Line 2(III) Selecting the grant recipients;
Page 7, Line 3(IV) Distributing grant money to the grant recipients; and
Page 7, Line 4(V) Establishing reporting timelines and requirements for
Page 7, Line 5the grant recipients of the planning program. Grant recipients
Page 7, Line 6shall report, at a minimum, the following to the division:
Page 7, Line 7(A) The amount of money received from the planning
Page 7, Line 8program;
Page 7, Line 9(B) The number of students affected by the grant; and
Page 7, Line 10(C) A description of how the grant money was spent.
Page 7, Line 11(b) Grant recipients of the planning program shall
Page 7, Line 12develop professional plan, design, and construction documents
Page 7, Line 13through a community-centered participatory design process in
Page 7, Line 14collaboration with students, educators, and community
Page 7, Line 15members. The planning and design documents for the community
Page 7, Line 16schoolyard must include:
Page 7, Line 17(I) Ecological, climate, and biodiversity goals;
Page 7, Line 18(II) Education and health goals;
Page 7, Line 19(III) Recreation goals;
Page 7, Line 20(IV) Accessibility, safety, and licensing standards;
Page 7, Line 21(V) The number of students enrolled at each school
Page 7, Line 22served by the grant;
Page 7, Line 23(VI) The total acreage size of the school property;
Page 7, Line 24(VII) The acreage size of the proposed community
Page 7, Line 25schoolyard;
Page 7, Line 26(VIII) A concept plan drawing of the proposed community
Page 7, Line 27schoolyard design, which must incorporate design features that
Page 8, Line 1create healthy and environmentally sound spaces. Design
Page 8, Line 2features may include:
Page 8, Line 3(A) Food and pollinator gardens;
Page 8, Line 4(B) Natural playgrounds, including natural and
Page 8, Line 5nature-based elements, including rock gardens, sand boxes,
Page 8, Line 6stump logs, streams, living plants, and other features that are
Page 8, Line 7integrated with the outdoor landscape and vegetation;
Page 8, Line 8(C) Stormwater management;
Page 8, Line 9(D) Traditional playground equipment;
Page 8, Line 10(E) Climate-appropriate non-invasive plants and
Page 8, Line 11vegetation;
Page 8, Line 12(F) Walking trails;
Page 8, Line 13(G) Shade trees;
Page 8, Line 14(H) Outdoor classrooms with chalkboards, tables, sinks,
Page 8, Line 15and large sitting areas for teachers to lead outdoor lessons; or
Page 8, Line 16(I) Calm spaces for children;
Page 8, Line 17(IX) Identification of community partners, including
Page 8, Line 18nonprofit organizations or design professionals that have
Page 8, Line 19expertise in outdoor learning spaces or outdoor education
Page 8, Line 20spaces; and
Page 8, Line 21(X) A plan for the long-term maintenance of the
Page 8, Line 22community schoolyard.
Page 8, Line 23(c) The community-based organization described in
Page 8, Line 24subsection (2)(c)(II) of this section is encouraged to provide
Page 8, Line 25technical assistance to the grant recipient to help facilitate
Page 8, Line 26the community-centered participatory design process to plan
Page 8, Line 27and design park-like spaces, outdoor learning spaces, or
Page 9, Line 1outdoor education spaces with students, educators, and
Page 9, Line 2community members, as described in subsection (3)(b) of this
Page 9, Line 3section.
Page 9, Line 4(4) (a) On or before January 15, 2026, the division shall
Page 9, Line 5implement a timeline for the construction program, which must
Page 9, Line 6include:
Page 9, Line 7(I) Announcing the construction program;
Page 9, Line 8(II) Accepting applications from eligible applicants;
Page 9, Line 9(III) Selecting the grant recipients;
Page 9, Line 10(IV) Distributing grant money to the grant recipients; and
Page 9, Line 11(V) Establishing reporting timelines and requirements for
Page 9, Line 12the grant recipients of the construction program. Grant
Page 9, Line 13recipients must report, at a minimum, the following to the
Page 9, Line 14division:
Page 9, Line 15(A) The number of students affected by the grant;
Page 9, Line 16(B) A description of how the grant money was spent; and
Page 9, Line 17(C) The establishment of a community-use agreement, as
Page 9, Line 18described in subsection (2)(c)(I) of this section, for community
Page 9, Line 19access and use of the community schoolyard outside of school
Page 9, Line 20hours.
Page 9, Line 21(b) If the proposed community schoolyard construction
Page 9, Line 22project exceeds one million dollars, the grant recipient must
Page 9, Line 23have a minimum of twenty-five percent of the total construction
Page 9, Line 24budget available as matching funds at the time of the grant
Page 9, Line 25award. The total construction budget may include in-kind
Page 9, Line 26contributions.
Page 9, Line 27(c) Eligible applicants who did not apply to the planning
Page 10, Line 1program may apply to the construction program and must
Page 10, Line 2submit the professional plan, design, and construction
Page 10, Line 3documents described in subsection (3)(b) of this section to the
Page 10, Line 4division during the construction program application period
Page 10, Line 5described in subsection (4)(a)(II) of this section. Eligible
Page 10, Line 6applicants must provide evidence that the professional plan,
Page 10, Line 7design, and construction documents were created through a
Page 10, Line 8community-centered participatory design process in
Page 10, Line 9collaboration with students, educators, and community
Page 10, Line 10members.The eligible applicant must provide documentation of
Page 10, Line 11a community-use agreement with a community-use partner.
Page 10, Line 12(5) On or before January 15, 2028, the division shall
Page 10, Line 13compile a report summarizing the grant recipient reports from
Page 10, Line 14the planning program received pursuant to subsection (3)(a)(V)
Page 10, Line 15of this section and the construction program pursuant to
Page 10, Line 16subsection (4)(a)(V) of this section. The division shall submit the
Page 10, Line 17report to the education committees of the house of
Page 10, Line 18representatives and senate; the house of representatives
Page 10, Line 19transportation, housing, and local government committee; and
Page 10, Line 20the senate local government and housing committee, or their
Page 10, Line 21successor committees.
Page 10, Line 22(6) The division may adopt rules to carry out the purposes
Page 10, Line 23of this section.
Page 10, Line 24(7) (a) For the 2025-26 fiscal year, the department of local
Page 10, Line 25affairs shall use two million dollars from the local
Page 10, Line 26government mineral impact fund created in section 34-63-102 (5)
Page 10, Line 27or the local government severance tax fund created in section
Page 11, Line 139-29-110 for purposes of this section.
Page 11, Line 2(b) For the 2026-27 fiscal year, the department of local
Page 11, Line 3affairs shall use two million dollars from the local
Page 11, Line 4government mineral impact fund created in section 34-63-102 (5)
Page 11, Line 5or the local government severance tax fund created in section
Page 11, Line 639-29-110 for purposes of this section.
Page 11, Line 7(8) This section is repealed, effective January 1, 2030.
Page 11, Line 9SECTION 2. Act subject to petition - effective date. This act
Page 11, Line 10takes effect at 12:01 a.m. on the day following the expiration of the
Page 11, Line 11ninety-day period after final adjournment of the general assembly; except
Page 11, Line 12that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 11, Line 13of the state constitution against this act or an item, section, or part of this
Page 11, Line 14act within such period, then the act, item, section, or part will not take
Page 11, Line 15effect unless approved by the people at the general election to be held in
Page 11, Line 16November 2026 and, in such case, will take effect on the date of the
Page 11, Line 17official declaration of the vote thereon by the governor.