Senate Committee of Reference Report
Committee on Appropriations
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This is text that is removed from law. -
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April 17, 2026
After consideration on the merits, the Committee recommends the following:
SB26-135 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Page 1, Line 1Amend printed bill, page 5, after line 4 insert:
Page 1, Line 2"SECTION 2. In Colorado Revised Statutes, 22-54-103.3, amend
Page 1, Line 3(3)(c); and add (3)(d), (3)(e), and (3)(f) as follows:
Page 1, Line 422-54-103.3. District total program - 2025-26 through 2030-31
Page 1, Line 5budget years - definitions - repeal.
Page 1, Line 6(3) (c) For the 2027-28 budget year through the 2030-31 budget
Page 1, Line 7year, a district's total program is the greater of the district's total program
Page 1, Line 8calculation pursuant to section 22-54-104 plus one percent of the district's
Page 1, Line 9total program calculation pursuant to section 22-54-104, or:
Page 1, Line 10(I) For the 2027-28 budget year, the amount calculated pursuant
Page 1, Line 11to section 22-54-104 plus an amount equal to forty-five percent the final
Page 1, Line 12phase-in percentage of the difference between the district's total
Page 1, Line 13program calculation pursuant to section 22-54-103.5 and the district's
Page 1, Line 14total program calculation pursuant to section 22-54-104;
Page 1, Line 15(II) For the 2028-29 budget year, the amount calculated pursuant
Page 1, Line 16to section 22-54-104 plus an amount equal to sixty percent the final
Page 1, Line 17phase-in percentage of the difference between the district's total
Page 1, Line 18program calculation pursuant to section 22-54-103.5 and the district's
Page 1, Line 19total program calculation pursuant to section 22-54-104;
Page 1, Line 20(III) For the 2029-30 budget year, the amount calculated pursuant
Page 1, Line 21to section 22-54-104 plus an amount equal to seventy-five percent the
Page 1, Line 22final phase-in percentage of the difference between the district's total
Page 1, Line 23program calculation pursuant to section 22-54-103.5 and the district's
Page 1, Line 24total program calculation pursuant to section 22-54-104; and
Page 1, Line 25(IV) For the 2030-31 budget year, the amount calculated pursuant
Page 1, Line 26to section 22-54-104 plus an amount equal to ninety percent of the final
Page 1, Line 27phase-in percentage the difference between the district's total program
Page 2, Line 1calculation pursuant to section 22-54-103.5 and the district's total
Page 2, Line 2program calculation pursuant to section 22-54-104.
Page 2, Line 3(d) As used in this subsection (3), unless the context
Page 2, Line 4otherwise requires:
Page 2, Line 5(I) "Base phase-in percentage" means a percentage equal
Page 2, Line 6to:
Page 2, Line 7(A) For budget year 2027-28, forty-five percent;
Page 2, Line 8(B) For budget year 2028-29, sixty percent;
Page 2, Line 9(C) For budget year 2029-30, seventy-five percent;
Page 2, Line 10(D) For budget year 2030-31, ninety percent; and
Page 2, Line 11(E) For budget year 2031-32, and each budget year
Page 2, Line 12thereafter, one hundred percent.
Page 2, Line 13(II) "Positive factor acceleration percentage" means a
Page 2, Line 14percentage equal to the lesser of:
Page 2, Line 15(A) The two percent K-12 public education increase for
Page 2, Line 16the applicable budget year, divided by the difference between
Page 2, Line 17statewide total program calculated pursuant to section
Page 2, Line 1822-54-103.5 for the applicable budget year and statewide total
Page 2, Line 19program calculated pursuant to section 22-54-104 for the
Page 2, Line 20applicable budget year; or
Page 2, Line 21(B) The difference between one hundred percent and the
Page 2, Line 22base phase-in percentage for the applicable budget year.
Page 2, Line 23(III) "Final phase-in percentage" means a percentage equal
Page 2, Line 24to the sum of:
Page 2, Line 25(A) The base phase-in percentage for the applicable
Page 2, Line 26budget year; plus
Page 2, Line 27(B) The positive factor acceleration percentage for the
Page 2, Line 28applicable budget year.
Page 2, Line 29(e) A district's positive factor acceleration percentage is
Page 2, Line 30available to a district to fund:
Page 2, Line 31(I) Increasing teacher pay;
Page 2, Line 32(II) Improving teacher retention;
Page 2, Line 33(III) Lowering class sizes; and
Page 2, Line 34(IV) Increasing access to career and technical courses.
Page 2, Line 35(f) Legislative council staff shall annually project a
Page 2, Line 36budget year's positive factor acceleration percentage as soon
Page 2, Line 37as practicable based upon the March revenue forecast relied on
Page 2, Line 38by the general assembly in setting the budget for the next state
Page 2, Line 39fiscal year.".
Page 2, Line 40Renumber succeeding sections accordingly.
Page 2, Line 41Page 5, lines 7 and 8, strike "funding 2027-28 through 2036-37 budget
Page 3, Line 1years - definitions - repeal." and substitute "- positive factor education
Page 3, Line 2investment amount - definitions.".
Page 3, Line 3Page 5, line 9, strike "section," and substitute "section and section
Page 3, Line 424-54-103.3 (3),".
Page 3, Line 5Page 5, after line 10 insert:
Page 3, Line 6"(a) "Deferred positive factor payment" means an amount
Page 3, Line 7equal to the difference between:
Page 3, Line 8(I) The total of the positive factor for each budget year
Page 3, Line 9commencing on and after July 1, 2027, and before the earlier of
Page 3, Line 10the current budget year or the 2035-36 budget year; and
Page 3, Line 11(II) The total of the:
Page 3, Line 12(A) Positive factor education amount paid to all districts
Page 3, Line 13pursuant to section 24-77-302 (2)(b) for each budget year
Page 3, Line 14commencing on and after July 1, 2027, and through the
Page 3, Line 15immediately preceding budget year; and
Page 3, Line 16(B) The positive factor acceleration amount paid to all
Page 3, Line 17districts pursuant to section 24-54-103.3 for each budget year
Page 3, Line 18commencing on and after July 1, 2027, and through the
Page 3, Line 19immediately preceding budget year.".
Page 3, Line 20Reletter succeeding paragraphs accordingly.
Page 3, Line 21Page 5, after line 24 insert:
Page 3, Line 22"(d) "Positive factor" means:
Page 3, Line 23(I) For the 2027-28 budget year, the sum of:
Page 3, Line 24(A) Two percent of program foundation calculated for
Page 3, Line 25the 2025-26 budget year; and
Page 3, Line 26(B) Two percent of program foundation calculated for
Page 3, Line 27the 2026-27 budget year;
Page 3, Line 28(II) For the 2028-29 budget year through the 2035-36
Page 3, Line 29budget year, the sum of:
Page 3, Line 30(A) Two percent of program foundation for the
Page 3, Line 31immediately preceding budget year;
Page 3, Line 32(B) The positive factor for the immediately preceding
Page 3, Line 33budget year; and
Page 3, Line 34(III) For the 2036-37 budget year and each budget year
Page 3, Line 35thereafter:
Page 3, Line 36(A) Two percent of program foundation for the 2035-36
Page 3, Line 37budget year;
Page 4, Line 1(B) The positive factor for the 2035-36 budget year.
Page 4, Line 2(e) "Positive factor acceleration amount" means the
Page 4, Line 3amount of the positive factor for a budget year expended to
Page 4, Line 4fund the positive factor acceleration percentage, as defined in
Page 4, Line 5section 22-54-103.3 (3)(d), pursuant to section 24-54-103.3 (3).
Page 4, Line 6(f) "Positive factor education investment amount" means
Page 4, Line 7an amount of the positive factor for a budget year equal to the
Page 4, Line 8difference between the positive factor for that budget year and
Page 4, Line 9the positive factor acceleration amount for that budget year.
Page 4, Line 10(g) "Program foundation" means:
Page 4, Line 11(I) For budget years before total program is determined
Page 4, Line 12pursuant to section 22-54-103.5, an amount equal to state share
Page 4, Line 13of total program; and
Page 4, Line 14(II) For budget years when total program is determined
Page 4, Line 15pursuant to section 22-54-103.5, an amount equal to new formula
Page 4, Line 16statewide total program calculation.
Page 4, Line 17(h) "State share of total program" means an amount
Page 4, Line 18equal to the total of the state's share of each school district's
Page 4, Line 19total program, as defined in section 22-55-102 (18).".
Page 4, Line 20Reletter succeeding paragraph accordingly.
Page 4, Line 21Page 5, strike lines 26 and 27.
Page 4, Line 22Page 6, strike line 1 and substitute "amount equal to the lesser of:
Page 4, Line 23(I) (A) The positive factor for the current budget year;
Page 4, Line 24(B) Plus the deferred positive factor amount for the
Page 4, Line 25current budget year; or
Page 4, Line 26(II) The amount that the state is".
Page 4, Line 27Page 6, strike lines 5 through 8 and substitute:
Page 4, Line 28"(2) For the 2027-28 budget year and each budget year
Page 4, Line 29thereafter, a district's positive factor education investment
Page 4, Line 30amount is equal to:
Page 4, Line 31(New formula district total program calculation / New
Page 4, Line 32formula statewide total program calculation) x (The two
Page 4, Line 33percent K-12 public education increase minus the positive factor
Page 4, Line 34acceleration amount).".
Page 4, Line 35Page 6, lines 9 and 10, strike "through the 2036-37 budget year," and
Page 4, Line 36substitute "and every budget year thereafter,".
Page 4, Line 37
Page 5, Line 1Page 6, lines 14 and 15, strike "through the 2036-37 budget year,"
Page 5, Line 2and substitute "and every budget year thereafter,".
Page 5, Line 3Page 6, line 17, strike "funding" and substitute "education investment
Page 5, Line 4amount".
Page 5, Line 5Page 6, line 21, strike "funding" and substitute "education investment
Page 5, Line 6amount".
Page 5, Line 7Page 6, line 23, strike "funding" and substitute "education investment
Page 5, Line 8amount".
Page 5, Line 9Page 7, line 2, strike "funding" and substitute "education investment
Page 5, Line 10amount".
Page 5, Line 11Page 7, strike line 8.
Page 5, Line 12Page 7, strike lines 22 and 23.
Page 5, Line 13Renumber succeeding subsections accordingly.
Page 5, Line 14Page 8, after line 1 insert:
Page 5, Line 15"(5) "Two percent K-12 public education increase" has the
Page 5, Line 16meaning set forth in section 22-54-103.7 (1)(i).".
Page 5, Line 17Page 8, strike lines 11 through 14 and substitute "excess state
Page 5, Line 18revenues account. The state treasurer shall credit to the
Page 5, Line 19account an amount equal to the amount that the state retains
Page 5, Line 20in a fiscal year pursuant to subsection (1) of this section minus
Page 5, Line 21an amount equal to the total dollar amount of warrants issued
Page 5, Line 22by the state treasurer pursuant to section 39-3-207 (4) in the
Page 5, Line 23immediately following fiscal year.".
Page 5, Line 24Page 8, strike lines 16 through 27 and substitute "1, 2027, from the
Page 5, Line 25money in the excess state revenues account that is retained for
Page 5, Line 26a preceding state fiscal year pursuant to subsection (1) of this
Page 5, Line 27section and deposited in the account pursuant to subsection
Page 5, Line 28(2)(a) of this section, the general assembly:
Page 5, Line 29(I) Shall transfer or appropriate to the department of
Page 5, Line 30education an amount equal to the two percent K-12 public
Page 5, Line 31education increase for the current state fiscal year and the
Page 5, Line 32department of education shall distribute that amount in
Page 6, Line 1accordance with section 22-54-103.3 and section 22-54-107.7; and
Page 6, Line 2(II) After making the appropriations or transfers required
Page 6, Line 3by subsection (2)(b)(I) of this section for a state fiscal year, may
Page 6, Line 4appropriate or transfer the money for any other purpose.".
Page 6, Line 5Page 9, strike lines 1 through 17.
Page 6, Line 6Renumber succeeding subsections accordingly.
Page 6, Line 7Page 10, line 1, strike "August 1, 2027," and substitute "August 1,
Page 6, Line 82026,".
Page 6, Line 9Page 10, line 5, strike "total amount that is" and substitute
Page 6, Line 10"greatest total amount in a preceding state fiscal year that has
Page 6, Line 11been".
Page 6, Line 12Page 10, line 7, strike "the immediately" and substitute "a".
Page 6, Line 13Page 10, line 9, strike "program." and substitute "program and the
Page 6, Line 14amount of the two percent K-12 public education increase for
Page 6, Line 15the same state fiscal year.".
Page 6, Line 16Page 10, lines 10 and 11, strike "for the immediately preceding state
Page 6, Line 17fiscal year".
Page 6, Line 18Page 11, before line 14 insert:
Page 6, Line 19"SECTION 4. In Colorado Revised Statutes, 22-44-304, add
Page 6, Line 20(1)(g) as follows:
Page 6, Line 2122-44-304. Financial reporting - online access to information
Page 6, Line 22- definitions.
Page 6, Line 23(1) (g) (I) Additionally, commencing on July 1, 2027, each
Page 6, Line 24local education provider, as defined in section 22-54-202, shall
Page 6, Line 25post in a format that can be downloaded and sorted, for free
Page 6, Line 26public access, the local education provider's actual
Page 6, Line 27expenditures of any positive factor acceleration amount
Page 6, Line 28received pursuant to section 22-54-103.3 and any positive factor
Page 6, Line 29education investment amount received pursuant to section
Page 6, Line 3022-54-103.7.
Page 6, Line 31(II) As used in this subsection (1)(g), unless the context
Page 6, Line 32otherwise requires:
Page 6, Line 33(A) "Positive factor acceleration amount" has the
Page 6, Line 34meaning set forth in section 22-54-103.7 (1)(e).
Page 7, Line 1(B) "Positive factor education investment amount" has
Page 7, Line 2the meaning set forth in section 22-54-103.7 (1)(f).".
Page 7, Line 3Renumber succeeding sections accordingly.
Page 7, Line 4Page 12, line 11, strike " (4)," and substitute "(3),".
Page 7, Line 5Page 12, line 25, strike "(4)." and substitute "(3).".
Page 7, Line 6Page 13, line 10, strike "(4)." and substitute "(3).".
Page 7, Line 7Page 13, lines 20 and 21, strike "the state spends" and substitute "spent".
Page 7, Line 8Strike "July 1, 2027," and substitute "July 1, 2026," on: Page 8, lines 4
Page 7, Line 9and 5; Page 10, line 1; Page 12, line 24; and Page 13, line 9.
Page 7, Line 10Page 1, lines 104 and 105, strike "using the increased
Page 7, Line 11appropriation for district school factor funding,".
Page 7, Line 12Amend the Senate Finance Committee Report, dated March 12, 2026,
Page 7, Line 13page 1, line 6, strike "same" and substitute "current".
Page 7, Line 14Page 1 of the report, strike lines 9 through 12 and substitute "positive
Page 7, Line 15factor education investment amounts must be distributed in the
Page 7, Line 16same form and manner in which payments of total program are
Page 7, Line 17distributed under law to all public schools.".".
Page 7, Line 18Page 1 of the report, strike lines 15 through 21.
Page 7, Line 19Page 2, of the report, strike line 1.