School Finance Act

SENATE BILL 26-023
BY SENATOR(S) Kolker and Kirkmeyer, Amabile, Ball, Bridges, Bright,
Carson, Catlin, Cutter, Daugherty, Exum, Frizell, Gonzales J., Jodeh, Kipp,
Liston, Marchman, Mullica, Pelton R., Roberts, Simpson, Snyder, Wallace,
Weissman, Coleman;
also REPRESENTATIVE(S) Sirota and Lukens, Bacon, Boesenecker,
Brown, Camacho, Clifford, Duran, English, Froelich, Garcia, Gilchrist,
Goldstein, Gonzalez R., Hamrick, Jackson, Lindsay, Marshall, Mauro,
McCormick, Nguyen, Paschal, Phillips, Ricks, Rutinel, Rydin, Smith,
Stewart K., Stewart R., Story, Taggart, Zokaie, McCluskie.
CONCERNING THE FINANCING OF PUBLIC SCHOOLS, AND, IN CONNECTION
THEREWITH, MAKING AND REDUCING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 22-54-103.5, repeal
(4)(c); and add (3)(b), (4)(a)(VII), (4)(d)(VI), (4)(d.5), and (14)(b) as
follows:
22-54-103.5. District total program - rules - legislative
declaration -repeal.
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletionsfi'om existing law and such material is not part of
the act.
(3) Statewide base per pupil funding.
(b) (I) FOR THE 2026-27 BUDGET YEAR, THE STATEWIDE BASE PER
PUPIL FUNDING IS EIGHT THOUSAND NINE HUNDRED DOLLARS AND FORTY
CENTS ($8,900.40), WHICH IS AN AMOUNT EQUAL TO EIGHT THOUSAND SIX
HUNDRED NINETY-ONE DOLLARS AND EIGHTY CENTS ($8,691.80),
SUPPLEMENTED BY TWO HUNDRED EIGHT DOLLARS AND SIXTY CENTS
($208.60) TO ACCOUNT FOR INFLATION .
(II) THIS SUBSECTION (3 )(b) IS REPEALED, EFFECTIVE JULY 1, 2032.
(4) Funded pupil count. Funded pupil count is:
(a) (VII) THIS SUBSECTION (4)(a) IS REPEALED, EFFECTIVE JULY 1,
2026.
(c) Notwithstanding subsections (4)(a) and (4)(b) ofthis section, if,
f-or the 2026-27 budget year, eaeh distiiet's total program is not determined
pursuant to section 22-54-103.3 (3)(b), then funded pupil eount is
determined pursuant to subsection (4)(a) of this section f-or the 2026-27
budget y car and eaeh budget year ther caftcr.
( d) (VI) THIS SUBSECTION ( 4 )( d) IS REPEALED, EFFECTIVE JULY 1,
2026.
(d.5) (I) NOTWITHSTANDING SUBSECTION (4)(b) OF THIS SECTION,
FOR A BUDGET YEAR WHEN TOTAL PROGRAM IS THE GREATER OF THE
DISTRICT'S TOTAL PROGRAM CALCULATION PURSUANT TO SECTION 22-54-104
PLUS ONE PERCENT OF THE DISTRICT'S TOTAL PROGRAM CALCULATION
PURSUANT TO SECTION 22-54-104 OR THE AMOUNT CALCULATED PURSUANT
TO SECTION 22-54-104 PLUS AN AMOUNT EQUAL TO AT LEAST FORTY-FIVE
PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICT'S TOTAL PROGRAM
CALCULATION PURSUANT TO SECTION 22-54-103 .5 AND THE DISTRICT'S
TOT AL PROGRAM CALCULATION PURSUANT TO SECTION 22-54-104, AND FOR
EACH BUDGET YEAR THEREAFTER, THE DISTRICT'S ONLINE PUPIL
ENROLLMENT FOR THE APPLICABLE BUDGET YEAR PLUS THE DISTRICT'S
SUPPLEMENTAL KINDERGARTEN ENROLLMENT FOR THE APPLICABLE BUDGET
YEAR PLUS THE DISTRICT'S EXTENDED HIGH SCHOOL PUPIL ENROLLMENT FOR
THE APPLICABLE BUDGET YEAR PLUS THE GREATER OF:
PAGE 2-SENATE BILL 26-023
(A) THE DISTRICT'S PUPIL ENROLLMENT FOR THE APPLICABLE
BUDGET YEAR;
(B) AN AMOUNT EQUAL TO FIFTY PERCENT OF THE DISTRICT'S PUPIL
ENROLLMENT FOR THE APPLICABLE BUDGET YEAR PLUS AN AMOUNT EQUAL
TO THIRTY PERCENT OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE
IMMEDIATELY PRECEDING BUDGET YEAR PLUS AN AMOUNT EQUAL TO
TWENTY PERCENT OF THE DISTRICT'S PUPIL ENROLLMENT FOR THE BUDGET
YEAR THAT IS TWO YEARS IMMEDIATELY PRECEDING THE APPLICABLE
BUDGET YEAR; OR
(C) AN AMOUNT EQUAL TO NINETY-SEVEN PERCENT OF THE
DISTRICT'S PUPIL ENROLLMENT FOR THE IMMEDIATELY PRECEDING BUDGET
YEAR.
(II) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
FOR PURPOSES OF THIS SUBSECTION (4)(d.5), A DISTRICT'S FUNDED PUPIL
COUNT INCLUDES THE CERTIFIED PUPIL ENROLLMENT AND ONLINE PUPIL
ENROLLMENT OF EACH OPERA TING INSTITUTE CHARTER SCHOOL, AS
PROVIDED IN SUBSECTIONS (4)(d.5)(III) AND (4)(d.5)(1V) OF THIS SECTION,
FOR WHICH THE DISTRICT IS THE ACCOUNTING DISTRICT. THE DEPARTMENT
OF EDUCATION SHALL ADD THE INSTITUTE CHARTER SCHOOL'S CERTIFIED
PUPIL ENROLLMENT AND ONLINE PUPIL ENROLLMENT TO THE FUNDED PUPIL
COUNT OF THE DISTRICT PRIOR TO CALCULATING THE DISTRICT'S TOT AL
PROGRAM PURSUANT TO THIS SECTION.
(III) FOR PURPOSES OF SUBSECTION ( 4 )(b )(II) OF THIS SECTION, EACH
OPERA TING INSTITUTE CHARTER SCHOOL'S CERTIFIED PUPIL ENROLLMENT IS
THE GREATER OF:
(A) THE OPERA TING INSTITUTE CHARTER SCHOOL'S PUPIL
ENROLLMENT FOR THE APPLICABLE BUDGET YEAR; OR
(B) AN AMOUNT EQUAL TO FIFTY PERCENT OF THE OPERATING
INSTITUTE CHARTER SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE
BUDGET YEAR PLUS AN AMOUNT EQUAL TO THIRTY PERCENT OF THE
OPERA TING INSTITUTE CHARTER SCHOOL'S PUPIL ENROLLMENT FOR THE
IMMEDIATELY PRECEDING BUDGET YEAR PLUS AN AMOUNT EQUAL TO
TWENTY PERCENT OF THE OPERA TING INSTITUTE CHARTER SCHOOL'S PUPIL
ENROLLMENT FOR THE BUDGET YEAR THAT IS TWO YEARS IMMEDIATELY
PAGE 3-SENATE BILL 26-023
PRECEDING THE APPLICABLE BUDGET YEAR; OR
(C) AN AMOUNT EQUAL TO NINETY-SEVEN PERCENT OF THE
OPERA TING INSTITUTE CHARTER SCHOOL'S PUPIL ENROLLMENT FOR THE
IMMEDIATELY PRECEDING BUDGET YEAR.
(IV) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
FOR PURPOSES OF SUBSECTION ( 4 )( d.5)(111) OF THIS SECTION, AN OPERA TING
INSTITUTE CHARTER SCHOOL'S CERTIFIED PUPIL ENROLLMENT INCLUDES ITS
ONLINE PUPIL ENROLLMENT, EXCEPT FOR MULTI-DISTRICT ONLINE SCHOOL
PUPIL ENROLLMENT.
(V) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT FOR THE
PURPOSES OF SECTION 17 OF ARTICLE IX OF THE STATE CONSTITUTION,
AVERAGING, OR SMOOTHING, A DISTRICT'S PUPIL ENROLLMENT FOR THE
APPLICABLE BUDGET YEAR AND THE DISTRICT'S PUPIL ENROLLMENT FOR THE
TWO IMMEDIATELY PRECEDING BUDGET YEARS PURSUANT TO THIS
SUBSECTION ( 4 )( d.5), AND AVERAGING AN OPERA TING INSTITUTE CHARTER
SCHOOL'S STUDENT ENROLLMENT AND ONLINE PUPIL ENROLLMENT
PURSUANT TO THIS SUBSECTION ( 4 )( d.5), IS A PROGRAM FOR ACCOUNT ABLE
EDUCATION REFORM AND MAY THEREFORE RECEIVE FUNDING FROM THE
STATE EDUCATION FUND CREATED IN SECTION 17 ( 4) OF ARTICLE IX OF THE
ST A TE CONSTITUTION.
(VI) (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, FOR THE PURPOSES OF THIS SUBSECTION ( 4 )( d.5), A DISTRICT'S
PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND A DISTRICT'S
PUPIL ENROLLMENT FOR A PRECEDING BUDGET YEAR DO NOT INCLUDE A
PUPIL WHO IS OR WAS ENROLLED IN A CHARTER SCHOOL THAT WAS
ORIGINALLY AUTHORIZED BY THE DISTRICT BUT WAS SUBSEQUENTLY
CONVERTED, ON OR AFTER JULY 1,2010, TO AN INSTITUTE CHARTER SCHOOL
OR TO A CHARTER SCHOOL OF A DISTRICT CONTIGUOUS TO THE ORIGINAL
AUTHORIZING DISTRICT.
(B) NOTWITHSTANDING ANY PROVISION OF THIS SUBSECTION ( 4 )( d.5)
TO THE CONTRARY, FOR THE PURPOSES OF THIS SUBSECTION (4)(d.5), IF A
DISTRICT'S FUNDED PUPIL COUNT CALCULATED PURSUANT TO THIS
SUBSECTION ( 4 )( d.5) FOR A BUDGET YEAR IS FEWER THAN SIXTY STUDENTS,
THE DISTRICT'S FUNDED PUPIL COUNT FOR THE BUDGET YEAR IS SIXTY
STUDENTS.
PAGE 4-SENATE BILL 26-023
(14) Total program funding.
(b) (I) FOR THE 2026-27 BUDGET YEAR, THE DEPARTMENT OF
EDUCATION AND THE STAFF OF THE LEGISLATIVE COUNCIL SHALL
DETERMINE, BASED ON BUDGET PROJECTIONS, THE AMOUNT TO ENSURE THAT
FOR THE 2026-27 BUDGET YEAR, THE SUM OF TOTAL PROGRAM FUNDING FOR
ALL DISTRICTS, INCLUDING FUNDING FOR INSTITUTE CHARTER SCHOOLS, IS
AT LEAST TEN BILLION ONE HUNDRED SEVENTY-EIGHT MILLION EIGHT
HUNDRED FIFTY-SIX THOUSAND EIGHT HUNDRED SEVENTY-ONE DOLLARS
($10,178,856,871); EXCEPTTHATTHE DEPARTMENT OF EDUCATION AND THE
STAFF OF THE LEGISLATIVE COUNCIL SHALL MAKE MID-YEAR REVISIONS TO
REPLACE PROJECTIONS WITH ACTUAL FIGURES, INCLUDING ACTUAL PUPIL
ENROLLMENT, ASSESSED VALUATIONS, AND SPECIFIC OWNERSHIP TAX
REVENUE FROM THE PRIOR YEAR TO DETERMINE ANY NECESSARY CHANGES
IN THE AMOUNT TO MAINTAIN TOTAL PROGRAM FUNDING FOR THE
APPLICABLE BUDGET YEAR.
(II) THIS SUBSECTION ( 14 )(b) IS REPEALED, EFFECTIVE JULY 1, 2032.
SECTION 2. In Colorado Revised Statutes, 22-54-103.5, amend
( 11 )( c )(I), (11 )( c )(II), and ( 11 )( c )(IV) as follows:
22-54-103.5. District total program - rules - legislative
declaration -repeal.
(11) District cost of living factor funding -rules.
( c) (I) For the 2025-26 AND 2026-27 budget year YEARS, a district's
cost of living factor is the district's cost of living amount identified in the
2023 cost of living analysis adjusted for labor pool areas, divided by the
minimum cost of living amount for a district identified in the 2023 cost of
living analysis adjusted for labor pool areas, minus one.
(II) For the 2026-27 and 2027-28 budget years YEAR, a district's cost
of living factor is the district's cost of living amount identified in the 2025
cost of living analysis adjusted for labor pool areas, divided by the
minimum cost of living amount for a district identified in the 2025 cost of
living analysis adjusted for labor pool areas, minus one.
(IV) The cost of living factor for each district must be certified to
PAGE 5-SENATE BILL 26-023
the department of education by legislative council staff for each two-year
period thereafter based upon a new cost of living analysis. LEGISLATIVE
COUNCIL STAFF SHALL COMPLETE ITS COST OF LIVING ANALYSIS NO LATER
THAN JANUARY 1 OF THE APPLICABLE YEAR. The certification must be made
BY THE DEPARTMENT OF EDUCATION no later than Apt il 15 JANUARY 31 of
the applicable year and is effective for the budget year beginning on July 1
of that year and the budget year thereafter. FOR EACH DISTRJCT, THE
DEPARTMENT OF EDUCATION SHALL SEND TO EACH SCHOOL DISTRICT THE
SCHOOL DISTRICT'S COST OF LIVING FACTOR NO LATER THAN FOURTEEN DAYS
AFTER THE CERTIFICATION.
SECTION 3. In Colorado Revised Statutes, 22-54-104, add
(5)(c)(Il.7) as follows:
22-54-104. District total program - legislative declaration -
definitions -repeal.
(5) For purposes of the formulas used in this section:
(c) (11.7) (A) NOTWITHSTANDING ANY PROVISION OF THIS
SUBSECTION (5)(c) TO THE CONTRARY, FOR THE 2025-26 AND 2026-27
BUDGET YEARS, A DISTRJCT'S COST OF LIVING FACTOR IS THE DISTRJCT'S COST
OF LIVING AMOUNT IDENTIFIED IN THE 2023 COST OF LIVING ANALYSIS
ADJUSTED FOR LABOR POOL AREAS, DIVIDED BY THE MINIMUM COST OF
LIVING AMOUNT FOR A DISTRJCT IDENTIFIED IN THE 2023 COST OF LIVING
ANALYSIS ADJUSTED FOR LABOR POOL AREAS, MINUS ONE.
(B) FOR THE 2027-28 BUDGET YEAR, A DISTRJCT'S COST OF LIVING
FACTOR IS THE DISTRICT'S COST OF LIVING AMOUNT IDENTIFIED IN THE 2025
COST OF LIVING ANALYSIS ADJUSTED FOR LABOR POOL AREAS, DIVIDED BY
THE MINIMUM COST OF LIVING AMOUNT FOR A DISTRICT IDENTIFIED IN THE
2025 COST OF LIVING ANALYSIS ADJUSTED FOR LABOR POOL AREAS, MINUS
ONE.
SECTION 4. In Colorado Revised Statutes, 22-13-103, amend
(l)(c) introductory portion; and add (l)(c.5) as follows:
22-13-103. School transformation grant program - created -
rules -repeal.
PAGE 6-SENATE BILL 26-023
(1) There is created in the department the school transformation
grant program to provide funding to:
( c) FOR GRANTS ISSUED ON OR BEFORE JUNE 30, 2026, assist school
districts, the institute, and charter schools that are implementing priority
improvement or turnaround plans in planning for and implementing one or
more of the following rigorous school redesign strategies:
( c.5) FOR GRANTS ISSUED ON OR AFTER JULY 1, 2026, ASSIST SCHOOL
DISTRICTS, THE INSTITUTE, AND CHARTER SCHOOLS THAT ARE IMPLEMENTING
PRIORITY IMPROVEMENT OR TURNAROUND PLANS IN PLANNING FOR AND
IMPLEMENTING ONE OR MORE OF THE RIGOROUS REDESIGN STRATEGIES
DESCRIBED IN SECTION 22-11-209 (2)(a) OR SECTION 22-11-210 (5)(a);
SECTION 5. In Colorado Revised Statutes, 22-13-105, amend (1)
introductory portion and (6)(b); and add (1.5) as follows:
22-13-105. School transformation grants -application -awards
-report.
(1) FOR GRANTS ISSUED ON OR BEFORE JUNE 30, 2026, the state
board, subject to available appropriations, shall award school
transformation grants to one or more school districts or charter schools or
to the institute to use in:
(1.5) FOR GRANTS ISSUED ON OR AFTER JULY 1, 2026, THE STATE
BOARD, SUBJECT TO AVAILABLE APPROPRIATIONS, SHALL A WARD SCHOOL
TRANSFORMATION GRANTS TO ONE OR MORE SCHOOL DISTRICTS OR CHARTER
SCHOOLS OR TO THE INSTITUTE TO USE FOR THE PURPOSES DESCRIBED IN
SECTION 22-13-103 (1).
( 6) (b) Of the money annually appropriated for school
transformation grants, the department may expend an amount that is
necessary to enter into one or more contracts with a public or private entity
to provide the uses described in subsection (1) OR ( 1.5) of this section to
multiple school districts or charter schools that are eligible for a school
transformation grant. The entity shall use research-based strategies and have
a proven record of success working with schools under similar
circumstances.
PAGE 7-SENATE BILL 26-023
SECTION 6. In Colorado Revised Statutes, 22-30.5-112, amend
(2)(a)(III), (2)(a.4)(1), (2)(a.8)(1), (2)(a.8)(11), (2)(a.9), (3)(a)(II), and
(3 )( a)(III)(A); repeal (2)( a)(II), (2)( a.3 ), (2)( a.5)(11), (2)( a.5)(11.5),
(2)( c )(II), (3)(a)(I), and (11 )(a); and add (2)( c.3), (2)( c.5), (2)( c. 7), and (12)
as follows:
22-30.5-112. Charter schools -financing-guidelines -definitions
-repeal.
(2) (a) (II) Fot the 1999-2000 budget year, the charter school and the
school district shall begin discussions on the contract using eighty percent
of the district per pttpil revenues.
(Ill) (A) For the 2000-01 budget year through the 2025-26 budget
year, except as other wise provided in subsection (2)(a.3) of this section,
each charter school and the chartering school distt ict shall negotiate funding
under the contract. The charter school must I ecei v c one hundt cd pct cent of
the district pet pupil revenues for each pupil enrolled in the charter school
who is not an onlinc pupil and one hundred percent of the district per pttpil
online funding for each online pttpil enrolled in the charter school, except
that The chartering school district may choose to retain the actual amount
of the charter school's per pupil share of the central administrative overhead
costs for services actually provided to the charter school, up to five percent
of the district per pupil revenues for each pupil who is not an online pupil
enrolled in the charter school, and up to five percent of the district per pupil
online funding for each online pupil enrolled in the charter school.
(D) For budget y eats 200 1-02 tht ough 2010-11, the minimum
amount of funding specified in sub-subparagt aph (A) of this subparagt aph
(111) shall reflect the one-percent increase in the statewide base pet pttpil
funding for state fiscal years 2001-02 through 2010-11 received by the
school district as requited by section 17 of article IX of the state
constitution.
(a.3) If the authorizing school district emolls five hundred 01 fewer
students, the charter school shall I eeeiv e funding in the amount of the
greater of one hundred percent of the district pet pupil online funding for
each online pttpil em oiled in the charter school plus one hundred per cent of
the district pct pttpil revenues for each pttpil who is not an onlinc pupil
cm ollcd in the charter school, minus the actual amount of the charter
PAGE 8-SENATE BILL 26-023
school's pet pupil shate of the centtal administ1ative overhead costs
incuned by the school disttict, based 011 audited figmes, 01 eighty-five
petcent of the disttict pet pupil tevenues for each pupil enrnlled in the
cha1te1 school who is not an online pupil plus eighty-five pet cent of the
disttict pet pupil 011line funding fot each online pupil enrnlled in the chartet
sehoot.
(a.4) (I) Within ninety days after the end of each fiscal year, each
school district shall provide to each charter school within its district an
itemized accounting of all its central administrative overhead costs. If the
itemized accounting includes services provided to the charter school by
school district personnel, the itemized accounting, at the charter school's
request, must include a list of the personnel positions and services provided
by persons in each position. The actual central administrative overhead
costs are the amount charged to the charter school. Any difference, within
the limitations of subpatagtaph (Ill) ofpatagtaph (a) of this subsection (2)
and patagtaph (a.3) of this subsection (2) SUBSECTION (2)(a) OF THIS
SECTION, between the amount initially charged to the charter school and the
actual cost must be reconciled and paid to the owed party.
(a.5) As used in this subsection (2):
(II) "Disttict pet pupil tcvcnucs" means the disttict's total prngtam
as defined in section 22-54-103 (6) fot any budget y cat divided by the
disttict's funded pupil count as detctnrincd by section 22-54-104 fot the
applicable budget y cat.
(II.5) "Disttict pct pupil onlinc funding" means a school disttict's
online fonding, as dctctmincd by article 54 of this title 22, divided by the
distt ict's onlinc pupil cnt ollmcnt for any budget y cat.
(a.8) (I) F01 the 2000-01 budget yeat thrnugh the 2025-26 budget
year; The school district shall provide federally required educational
services to students enrolled in charter schools on the same basis as the
services are provided to students enrolled in other public schools of the
school district. Each charter school shall pay an amount equal to the per
pupil cost incurred by the school district in providing federally required
educational services, multiplied by the number of students enrolled in the
charter school. At either party's request, however, the charter school and the
school district may negotiate and include in the charter contract alternate
PAGE 9-SENATE BILL 26-023
arrangements for the provision of and payment for federally required
educational services.
(II) Notwithstanding any provision of subparagraph (I) of this
paragraph (a.8) SUBSECTION (2)(a.8)(I) OF THIS SECTION to the contrary, the
school district shall calculate the per pupil cost of providing federally
required educational services after subtracting the amount received in
federal and state moneys MONEY for providing said THE services.
(a.9) For the 2002-03 budget year through the 2025-26 budget year,
and In accordance with section 22-30.5-406, the funding provided by a
chartering school district to a charter school pursuant to this subsection (2)
is reduced by the amount of any direct payments of principal and interest
due on bonds issued on behalf of a charter school by a governmental entity
other than a school district for the purpose of financing charter school
capital construction that were made by the state treasurer or the chartering
school district on behalf of the charter school.
( c) (II) For the 2000-01 budget year through the 2025-26 budget
year, the amount of fonding received by a charter school pmsuant to this
subsection (2) shall not be less than one hundred per cent of the chartering
school district's district per pupil revenues, minus up to fi v e per cent as
provided in subsection (2)(a)(III) of this section multiplied by the number
of pupils em olled in the charter school or as otherwise pm v ided in
subsection (2)(a.3) of this section fur any charter school chartered by a
school district that enrolls five hundred or fewer students.
( c.3) FOR PURPOSES OF SUBSECTIONS (2)( c.5) AND (2)( C. 7) OF THIS
SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(I) "CHARTER SCHOOL'S AT-RISK PUPILS" MEANS THE NUMBER OF
PUPILS ENROLLED IN THE CHARTER SCHOOL WHO ARE AT-RISK PUPILS, AS
DEFINED IN SECTION 22-54-103 (1.5).
(II) "CHARTER SCHOOL'S ENGLISH LANGUAGE LEARNER PUPILS"
MEANS THE NUMBER OF PUPILS ENROLLED IN THE CHARTER SCHOOL WHO ARE
ENGLISH LANGUAGE LEARNER PUPILS, AS DEFINED IN SECTION 22-54-103
(6.5).
(III) "CHARTER SCHOOL'S PERCENTAGE OF AT-RISK PUPILS" MEANS
PAGE 10-SENA TE BILL 26-023
THE NUMBER OF AT-RISK PUPILS ENROLLED IN THE CHARTER SCHOOL,
DIVIDED BY THE CHARTER SCHOOL'S PUPIL ENROLLMENT.
(IV) "CHARTER SCHOOL'S PUPIL ENROLLMENT" MEANS THE NUMBER
OF PUPILS ENROLLED IN THE CHARTER SCHOOL WHO ARE PART OF PUPIL
ENROLLMENT, AS DEFINED IN SECTION 22-54-103 ( 10).
(V) "CHARTER SCHOOL'S SPECIAL EDUCATION PUPIL ENROLLMENT"
MEANS THE NUMBER OF PUPILS ENROLLED IN THE CHARTER SCHOOL WHO ARE
SPECIAL EDUCATION PUPILS, AS DEFINED IN SECTION 22-54-103 ( 10.8).
( c.5) (I) FOR THE 2026-27 BUDGET YEAR, A SCHOOL DISTRICT SHALL
DETERMINE EACH OF ITS CHARTER SCHOOLS' PHASE-IN AMOUNTS OF DISTRICT
TOTAL PROGRAM. EACH CHARTER SCHOOL'S PHASE-IN AMOUNT OF DISTRICT
TOT AL PROGRAM IS THE AMOUNT CALCULATED BY THE SCHOOL DISTRICT
USING THE CALCULATION DESCRIBED IN SECTION 22-54-103 .3 (3 )(b ); EXCEPT
THAT, WHEN MAKING THE CALCULATIONS, THE SCHOOL DISTRICT SHALL:
(A) USE THE CHARTER SCHOOL'S PUPIL ENROLLMENT FOR THE
2026-27 BUDGET YEAR INSTEAD OF FUNDED PUPIL COUNT AS DETERMINED
PURSUANT TO SECTIONS 22-54-103 .5 ( 4) AND 22-54-104 (7);
(B) USE THE CHARTER SCHOOL'S AT-RISK PUPIL ENROLLMENT FOR
THE 2026-27 BUDGET YEAR INSTEAD OF DISTRICT AT-RISK PUPIL
ENROLLMENT AND USE THE CHARTER SCHOOL'S PERCENTAGE OF AT-RISK
PUPILS INSTEAD OF DISTRICT PERCENTAGE OF AT-RISK PUPILS AS USED
PURSUANT TO SECTIONS 22-54-103.5 (6)(a) AND 22-54-104 (4); EXCEPT
THAT THE SCHOOL DISTRICT SHALL USE THE CHARTER SCHOOL'S AT-RISK
PUPIL ENROLLMENT FOR THE 2026-27 BUDGET YEAR INSTEAD OF DISTRICT
AT-RISK PUPIL ENROLLMENT AS USED IN THE FORMULA IN SECTION
22-54-103.5 (6)(b) IF: THE DISTRICT'S FUNDED PUPIL COUNT IS LESS THAN
SEVEN THOUSAND, THE DISTRICT PERCENTAGE OF AT-RISK PUPILS IS SEVENTY
PERCENT OR GREATER, AND THE CHARTER SCHOOL'S AT-RISK PUPIL
ENROLLMENT FOR THE 2026-27 BUDGET YEAR IS SEVENTY PERCENT OR
GREATER;
(C) USE THE CHARTER SCHOOL'S ENGLISH LANGUAGE LEARNER PUPIL
ENROLLMENTFORTHE2026-27BUDGETYEARINSTEADOFDISTRICTENGLISH
LANGUAGE LEARNER PUPIL ENROLLMENT AS USED FUNDING PURSUANT TO
SECTIONS 22-54-103.5 (7) AND 22-54-104 (4.3); AND
PAGE 11-SENATE BILL 26-023
(D) USE THE CHARTER SCHOOL'S SPECIAL EDUCATION PUPIL
ENROLLMENT FOR THE2026-27 BUDGETYEARINSTEADOFDISTRICTSPECIAL
EDUCATION PUPIL ENROLLMENT AS USED PURSUANT TO SECTION 22-54-103 .5
(10).
(lJ) (A) IN ADDITION TO THE DISTRIBUTION DESCRIBED IN
SUBSECTION (2)( c.5)(III) OF THIS SECTION, A CHARTER SCHOOL IN A DISTRICT
DESCRIBED IN SECTION 22-54-103.5 (12)(c) MUST RECEIVE A PER PUPIL
AMOUNT OF THE AMOUNT DESCRIBED IN SECTION 22-54-103.5 (12)(c) FOR
EACH STUDENT IN THE CHARTER SCHOOL'S PUPIL ENROLLMENT FOR THE
2026-27 BUDGET YEAR.
(B) IN ADDITION TO THE DISTRIBUTION DESCRIBED IN SUBSECTION
(2)( c.5)(III) OF THIS SECTION, A CHARTER SCHOOL IN A DISTRICT DESCRIBED
IN SECTION 22-54-104 ( 4.9) MUST RECEIVE A PER PUPIL AMOUNT OF THE
AMOUNT DESCRIBED IN SECTION 22-54-104 ( 4.9) FOR EACH STUDENT IN THE
CHARTER SCHOOL'S PUPIL ENROLLMENT FOR THE 2026-27 BUDGET YEAR.
(III) FOR THE 2026-27 BUDGET YEAR, A SCHOOL DISTRICT SHALL
DISTRIBUTE TO EACH OF ITS CHARTER SCHOOLS AN AMOUNT EQUAL TO THE
GREATER OF:
(A) THE AMOUNT OF DISTRICT TOTAL PROGRAM RECEIVED BY THE
CHARTER SCHOOL FOR THE 2025-26 BUDGET YEAR PLUS ONE PERCENT OF
THE AMOUNT OF DISTRICT TOTAL PROGRAM RECEIVED BY THE CHARTER
SCHOOL FOR THE 2025-26 BUDGET YEAR; OR
(B) THE CHARTER SCHOOL'S PHASE-IN AMOUNT OF DISTRICT TOTAL
PROGRAM FOR THE 2026-27 BUDGET YEAR DETERMINED PURSUANT TO
SUBSECTION (2)(c.5)(I) OF THIS SECTION.
(IV) THIS SUBSECTION (2)( c.5) IS REPEALED, EFFECTIVE JULY 1,
2028.
(c.7) (I) FOR EACH BUDGET YEAR BEGINNING WITH THE 2027-28
BUDGET YEAR THROUGH THE 2030-31 BUDGET YEAR, A SCHOOL DISTRICT
SHALL DETERMINE EACH OF ITS CHARTER SCHOOLS' PHASE-IN AMOUNTS OF
DISTRICT TOT AL PROGRAM. EACH CHARTER SCHOOL'S PHASE-IN AMOUNT OF
DISTRICT TOTAL PROGRAM IS THE AMOUNT CALCULATED BY THE SCHOOL
DISTRICT USING THE CALCULATION DESCRIBED IN SECTION 22-54-103 .3
PAGE 12-SENATE BILL 26-023
(3 )( C) FOR THE APPLICABLE BUDGET YEAR; EXCEPT THAT, WHEN MAKING THE
CALCULATIONS, THE SCHOOL DISTRICT SHALL:
(A) USE THE CHARTER SCHOOL'S PUPIL ENROLLMENT FOR THE
APPLICABLE BUDGET YEAR INSTEAD OF FUNDED PUPIL COUNT AS
DETERMINED PURSUANT TO SECTIONS 22-54-103.5 (4) AND 22-54-104 (7);
(B) USE THE CHARTER SCHOOL'S AT-RISK PUPIL ENROLLMENT FOR
THE APPLICABLE BUDGET YEAR INSTEAD OF DISTRICT AT-RISK PUPIL
ENROLLMENT AND USE THE CHARTER SCHOOL'S PERCENTAGE OF AT-RISK
PUPILS INSTEAD OF DISTRICT PERCENTAGE OF AT-RISK PUPILS AS USED
PURSUANT TO SECTIONS 22-54-103.5 (6)(a) AND 22-54-104 (4); EXCEPT
THAT THE SCHOOL DISTRICT SHALL USE THE CHARTER SCHOOL'S AT-RISK
PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR INSTEAD OF
DISTRICT AT-RISK PUPIL ENROLLMENT AS USED IN THE FORMULA IN SECTION
22-54-103.5 (6)(b) IF: THE DISTRICT'S FUNDED PUPIL COUNT IS LESS THAN
SEVEN THOUSAND, THE DISTRICT PERCENTAGE OF AT-RISK PUPILS IS SEVENTY
PERCENT OR GREATER, AND THE CHARTER SCHOOL'S AT-RISK PUPIL
ENROLLMENT FOR THE APPLICABLE BUDGET YEAR IS SEVENTY PERCENT OR
GREATER;
( C) USE THE CHARTER SCHOOL'S ENGLISH LANGUAGE LEARNER PUPIL
ENROLLMENT FOR THE APPLICABLE BUDGET YEAR INSTEAD OF DISTRICT
ENGLISH LANGUAGE LEARNER PUPIL ENROLLMENT AS USED PURSUANT TO
SECTIONS 22-54-103.5 (7) AND 22-54-104 (4.3); AND
(D) USE THE CHARTER SCHOOL'S SPECIAL EDUCATION PUPIL
ENROLLMENT FOR THE APPLICABLE BUDGET YEAR INSTEAD OF DISTRICT
SPECIAL EDUCATION PUPIL ENROLLMENT AS USED PURSUANT TO SECTION
22-54-103.5 (10).
(II) FOR EACH BUDGET YEAR BEGINNING WITH THE 2027-28 BUDGET
YEAR THROUGH THE 2030-31 BUDGET YEAR, A SCHOOL DISTRICT SHALL
DETERMINE EACH OF ITS CHARTER SCHOOLS' OLD FORMULA AMOUNTS OF
DISTRICT TOTAL PROGRAM. EACH CHARTER SCHOOL'S OLD FORMULA
AMOUNTOFDISTRICTTOTALPROGRAMISTHEAMOUNTCALCULATEDBYTHE
SCHOOL DISTRICT USING THE CALCULATION DESCRIBED IN SECTION
22-54-104 FOR THE APPLICABLE BUDGET YEAR FOR EACH OF ITS CHARTER
SCHOOLS; EXCEPT THAT, WHEN MAKING THE CALCULATIONS, THE SCHOOL
DISTRICT SHALL:
PAGE 13-SENATE BILL 26-023
(A) USE THE CHARTER SCHOOL'S PUPIL ENROLLMENT FOR THE
APPLICABLE BUDGET YEAR INSTEAD OF FUNDED PUPIL COUNT AS
DETERMINED PURSUANT TO SECTION 22-54-104 (7);
(8) USE THE CHARTER SCHOOL'S AT-RISK PUPIL ENROLLMENT FOR
THE APPLICABLE BUDGET YEAR INSTEAD OF DISTRICT AT-RISK PUPIL
ENROLLMENT AS USED PURSUANT TO 22-54-104 ( 4 ); AND
(C) USE THE CHARTER SCHOOL'S ENGLISH LANGUAGE LEARNER PUPIL
ENROLLMENT FOR THE APPLICABLE BUDGET YEAR INSTEAD OF DISTRICT
ENGLISH LANGUAGE LEARNER PUPIL ENROLLMENT AS USED PURSUANT TO
SECTION 22-54-104 (4.3).
(Ill) (A) IN ADDITION TO THE DISTRIBUTION DESCRIBED IN
SUBSECTION (2)(c.7)(1V) OF THIS SECTION, A CHARTER SCHOOL IN A
DISTRICT DESCRIBED IN SECTION 22-54-103.5 (12)(c) MUST RECEIVE A PER
PUPIL AMOUNT OF THE AMOUNT DESCRIBED IN SECTION 22-54-103 .5 ( 12)( c)
FOR EACH STUDENT IN THE CHARTER SCHOOL'S PUPIL ENROLLMENT FOR THE
APPLICABLE BUDGET YEAR.
(B) IN ADDITION TO THE DISTRIBUTIONS DESCRIBED IN SUBSECTION
(2)( C. 7)(1V) OF THIS SECTION, A CHARTER SCHOOL IN A DISTRICT DESCRIBED
IN SECTION 22-54-104 ( 4.9) MUST RECEIVE A PER PUPIL AMOUNT OF THE
AMOUNT DESCRIBED IN SECTION 22-54-104 ( 4.9) FOR EACH STUDENT IN THE
CHARTER SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR.
(IV) FOREACHBUDGETYEARBEGINNINGWITHTHE2027-28BUDGET
YEAR THROUGH THE 2030-31 BUDGET YEAR, A SCHOOL DISTRICT SHALL
DISTRIBUTE TO EACH OF ITS CHARTER SCHOOLS AN AMOUNT EQUAL TO THE
GREATER OF:
(A) THE CHARTER SCHOOL'S PHASE-IN AMOUNT OF DISTRICT TOTAL
PROGRAM FOR THE APPLICABLE BUDGET YEAR DETERMINED PURSUANT TO
SUBSECTION (2)( c. 7)(1) OF THIS SECTION; OR
(8) THE CHARTER SCHOOL'S OLD FORMULA AMOUNT OF DISTRICT
TOT AL PROGRAM FOR THE APPLICABLE BUDGET YEAR DETERMINED
PURSUANT TO SUBSECTION (2)( c. 7)(11) OF THIS SECTION, PLUS ONE PERCENT
OF THE CHARTER SCHOOL'S OLD FORMULA AMOUNT OF DISTRICT TOTAL
PROGRAM FOR THE APPLICABLE BUDGET YEAR.
PAGE 14-SENATE BILL 26-023
(3) (a) (I) For the 1999-2000 budget year, notwithstanding
subsection (2) of this section, the pr oportionatc shat c of state and fedcr al
resources generated by students with disabilities or staffscr ving them shall
be directed to charter schools cmolling such students by their school
districts or administrative units. The proportionate share of moneys
generated under other federal or state categorical aid programs shall be
directed to charter schools scr ving studcnt-s-eligiblc for such aid.
(II) For the 2000-01 budget year through the 2025-26 budget year,
If the charter school and the school district have negotiated to allow the
charter school to provide federally required educational services pursuant
to subsection (2)(a.8) of this section, the proportionate share of state and
federal resources generated by students receiving the federally required
educational services or staff serving them is directed by the school district
or administrative unit to the charter school enrolling such THE students.
(III) (A) For the 2000-01 budget year through the 2025-26 budget
year; The proportionate share of money generated under federal or state
categorical aid programs, other than federally required educational services,
is directed to charter schools serving students eligible for such aid; except
for district special education pupil funding calculated pursuant to section
22-54-103.5 (10).
(11) (a) Notwithstanding any provision of this section to the
contrary, a district charter school that con v crts ft om an institute charter
school pursuant to section 22-30.5-504 (10) continues to receive, as
calculated pursuant to section 22-3 0. 5-513, the accounting district's adj ustcd
per pupil r c v cnucs and at-risk supplemental aid as the funding applied to the
eonvcrtcd school before the conversion, except that this subsection (11)
docs not apply if the converted school is authorized by a small rural school
district, as described in section 22-54-108 (3)(b)(IV).
(12) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT FOR
PURPOSES OF SECTION 17 OF ARTICLE IX OF THE STATE CONSTITUTION,
PROVISIONS INTENDED TO HOLD DISTRICTS HARMLESS AS A RESULT OF
CHANGING TOTAL PROGRAM DISTRIBUTION FROM THE SCHOOL DISTRICT TO
THE CHARTER SCHOOL PURSUANT TO SUBSECTIONS (2)( c.5) AND (2)( C. 7) OF
THIS SECTION ARE A PROGRAM FOR ACCOUNTABLE EDUCATION REFORM AND
THEREFORE MAY RECEIVE FUNDING FROM THE ST A TE EDUCATION FUND
CREATED IN SECTION 17 (4) OF ARTICLE IX OF THE STATE CONSTITUTION.
PAGE 15-SENATE BILL 26-023
SECTION 7. In Colorado Revised Statutes, repeal 22-30.5-112.1.
SECTION 8. In Colorado Revised Statutes, amend 22-30.5-112.7
as follows:
22-30.5-112.7. Charter school funding-greater than minimum.
An authorizing district or accounting district may provide funding
that is greater than the minimum amount determined pursuant to section
22-30.5-112, 22-30.5-112.1, 22-30.5-112.6, or 22-30.5-513.
SECTION 9. In Colorado Revised Statutes, 22-30.5-504, amend
(5)(a)(I)(B) as follows:
22-30.5-504. Institute chartering authority - institute charter
schools -exclusive authority -retention -recovery -revocation.
(5) (a) The state board shall grant to a local board of education
exclusive authority to authorize charter schools within the geographic
boundaries of the school district if the state board determines, after adequate
notice and in a public hearing and after receiving input from any charter
schools authorized by the local board of education, that the local board can
show a recent pattern of providing fair and equitable treatment to its charter
schools through the local board's demonstration of:
(I) Full compliance with the provisions of the "Charter Schools
Act", part 1 of this article, which includes, at a minimum:
(B) Compliance with sections SECTION 22-30.5-112 and
22-30.5-112.1, which permit PERMITS a charter school to purchase, at its
discretion, certain services or a combination of services;
SECTION 10. In Colorado Revised Statutes, 22-30.5-513, amend
(l)U)(II), (2)(b), (4)(a)(I), (4)(a)(I.5) introductory portion, (5.5)(a), and
(l0)(a); repeal (4)(c) and (11); and add (2)(t), (2)(g), (2)(h), and (12) as
follows:
22-30.5-513. Institute charter schools - funding - at-risk
supplemental aid -legislative declaration -definitions -repeal.
PAGE 16-SENATE BILL 26-023
(1) As used in this section, unless the context otherwise requires:
U) "Online pupil enrollment" means:
(II) Fot the 2008-09 budget yeat thrnugh the 2025-26 budget yeat,
The number of pupils, on the pupil enrollment count day within the
applicable budget year, enrolled in, attending, and actively participating in
a multi-district online school, as defined in section 22-30.7-102 (6), created
pursuant to article 30.7 of this title TITLE 22 by the institute charter school.
(2) (b) Fot the 2004-05 budget yeat thrnugh the 2025-26 budget
y eat, each institute chartet school and the institute shall negotiate funding
undet the chartet contrnct at a minimum of ninety-five petcent of the
institute chartet school's accounting distt ict's adjusted pet pupil t e venues fot
each pupil emolled in the institute chartet school who is not an online pupil
and ninety-five pet cent of the institute chartet school's accounting distI ict's
pet pupil on line funding fot each online pupil em oiled in the institute
chartet school. The institute may retain three percent of the accounting
district's adjusted per pupil revenues for each pupil, who is not an online
pupil, enrolled in the institute charter school and three percent of the
accounting district's per pupil online funding for each online pupil enrolled
in the institute charter school.
(f) FOR PURPOSES OF SUBSECTIONS (2)(g) AND (2)(h) OF THIS
SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(I) "CHARTER SCHOOL'S AT-RISK PUPILS" MEANS THE NUMBER OF
PUPILS ENROLLED IN THE CHARTER SCHOOL WHO ARE AT-RISK PUPILS, AS
DEFINED IN SECTION 22-54-103 (1.5).
(II) "CHARTER SCHOOL'S ENGLISH LANGUAGE LEARNER PUPILS"
MEANS THE NUMBER OF PUPILS ENROLLED IN THE CHARTER SCHOOL WHO ARE
ENGLISH LANGUAGE LEARNER PUPILS, AS DEFINED IN SECTION 22-54-103
(6.5).
(III) "CHARTER SCHOOL'S PERCENTAGE OF AT-RISK PUPILS" MEANS
THE NUMBER OF AT-RISK PUPILS ENROLLED IN THE CHARTER SCHOOL,
DIVIDED BY THE CHARTER SCHOOL'S PUPIL ENROLLMENT.
(IV) "CHARTER SCHOOL'S PUPIL ENROLLMENT" MEANS THE NUMBER
PAGE 17-SENATE BILL 26-023
OF PUPILS ENROLLED IN THE CHARTER SCHOOL WHO ARE PART OF PUPIL
ENROLLMENT, AS DEFINED IN SECTION 22-54-103 ( 10).
(V) "CHARTER SCHOOL'S SPECIAL EDUCATION PUPIL ENROLLMENT"
MEANS THE NUMBER OF PUPILS ENROLLED IN THE CHARTER SCHOOL WHO ARE
SPECIAL EDUCATION PUPILS, AS DEFINED IN SECTION 22-54-103 (10.8).
(g) (I) FOR THE 2026-27 BUDGET YEAR, THE INSTITUTE SHALL
DETERMINE EACH OF ITS CHARTER SCHOOLS' PHASE-IN AMOUNTS OF TOTAL
PROGRAM. EACH CHARTER SCHOOL'S PHASE-IN AMOUNT OF TOTAL PROGRAM
IS THE AMOUNT CALCULATED BY THE INSTITUTE USING THE CALCULATION
DESCRIBED IN SECTION 22-54-103.3 (3)(b) FOR EACH OF ITS CHARTER
SCHOOLS; EXCEPT THAT, WHEN MAKING THE CALCULATIONS, THE INSTITUTE
SHALL:
(A) USE THE CHARTER SCHOOL'S PUPIL ENROLLMENT FOR THE
2026-27 BUDGET YEAR INSTEAD OF FUNDED PUPIL COUNT AS DETERMINED
PURSUANT TO SECTIONS 22-54-103 .5 ( 4) AND 22-54-104 (7);
(B) USE THE CHARTER SCHOOL'S AT-RISK PUPIL ENROLLMENT FOR
THE 2026-27 BUDGET YEAR INSTEAD OF THE ACCOUNTING DISTRICT'S
AT-RISK PUPIL ENROLLMENT AND USE THE CHARTER SCHOOL'S PERCENT AGE
OF AT-RISK PUPILS INSTEAD OF THE ACCOUNTING DISTRICT'S PERCENT AGE OF
AT-RISK PUPILS AS USED PURSUANT TO SECTIONS 22-54-103.5 (6)(a) AND
22-54-104 ( 4 ); EXCEPT THAT THE INSTITUTE SHALL USE THE CHARTER
SCHOOL'S AT-RISK PUPIL ENROLLMENT FOR THE 2026-27 BUDGET YEAR
INSTEAD OF ACCOUNTING DISTRICT'S AT-RISK PUPIL ENROLLMENT AS USED
IN THE FORMULA IN SECTION 22-54-103.5 (6)(b) IF: THE ACCOUNTING
DISTRICT'S FUNDED PUPIL COUNT IS LESS THAN SEVEN THOUSAND, THE
ACCOUNTING DISTRICT'S PERCENTAGE OF AT-RISK PUPILS IS SEVENTY
PERCENT OR GREATER, AND THE CHARTER SCHOOL'S AT-RISK PUPIL
ENROLLMENT FOR THE 2026-27 BUDGET YEAR IS SEVENTY PERCENT OR
GREATER;
( C) USE THE CHARTER SCHOOL'S ENGLISH LANGUAGE LEARNER PUPIL
ENROLLMENT FOR THE2026-27 BUDGETYEARINSTEADOFTHEACCOUNTING
DISTRICT'S ENGLISH LANGUAGE LEARNER PUPIL ENROLLMENT AS USED
PURSUANT TO SECTIONS 22-54-103.5 (7) AND 22-54-104 (4.3); AND
(D) USE THE CHARTER SCHOOL'S SPECIAL EDUCATION PUPIL
PAGE 18-SENATE BILL 26-023
ENROLLMENT FOR THE 2026-27 BUDGET YEAR INSTEAD OF THE ACCOUNTING
DISTRICT'S SPECIAL EDUCATION PUPIL ENROLLMENT AS USED PURSUANT TO
SECTION 22-54-103.5 (10).
(II) (A) IN ADDITION TO THE DISTRIBUTION DESCRIBED IN
SUBSECTION (2)(g)(III) OF THIS SECTION, A CHARTER SCHOOL WHOSE
ACCOUNTING DISTRICT IS A SCHOOL DISTRICT DESCRIBED IN SECTION
22-54-103.5 (12)(c) MUST RECEIVE A PER PUPIL AMOUNT OF THE AMOUNT
DESCRIBED IN SECTION 22-54-103.5 (12)(c) FOR EACH STUDENT IN THE
CHARTER SCHOOL'S PUPIL ENROLLMENT FOR THE 2026-27 BUDGET YEAR.
(8) IN ADDITION TO THE DISTRIBUTION DESCRIBED IN SUBSECTION
(2)(g)(III) OF THIS SECTION, A CHARTER SCHOOL WHOSE ACCOUNTING
DISTRICT IS A SCHOOL DISTRICT DESCRIBED IN SECTION 22-54-104 ( 4.9) MUST
RECEIVE A PER PUPIL AMOUNT OF THE AMOUNT DESCRIBED IN SECTION
22-54-104 ( 4.9) FOR EACH STUDENT IN THE CHARTER SCHOOL'S PUPIL
ENROLLMENT FOR THE 2026-27 BUDGET YEAR.
(III) FOR THE 2026-27 BUDGET YEAR, THE INSTITUTE SHALL
DISTRIBUTE TO EACH OF ITS CHARTER SCHOOLS AN AMOUNT EQUAL TO THE
GREATER OF:
(A) THE AMOUNT OF TOTAL PROGRAM RECEIVED BY THE CHARTER
SCHOOL FOR THE 2025-26 BUDGET YEAR PLUS ONE PERCENT OF THE AMOUNT
OF TOTAL PROGRAM RECEIVED BY THE CHARTER SCHOOL FOR THE 2025-26
BUDGET YEAR; OR
(8) THE CHARTER SCHOOL'S PHASE-IN AMOUNT OF TOT AL PROGRAM
FOR THE 2026-27 BUDGET YEAR DETERMINED PURSUANT TO SUBSECTION
(2)(g)(I) OF THIS SECTION.
(IV) THIS SUBSECTION (2)(g) IS REPEALED, EFFECTIVE JULY 1, 2028.
(h) (I) FOR EACH BUDGET YEAR BEGINNING WITH THE 2027-28
BUDGET YEAR THROUGH THE 2030-31 BUDGET YEAR, THE INSTITUTE SHALL
DETERMINE EACH OF ITS CHARTER SCHOOLS' PHASE-IN AMOUNTS OF TOTAL
PROGRAM. EACH CHARTER SCHOOL'S PHASE-IN AMOUNT OF TOTAL PROGRAM
IS THE AMOUNT CALCULATED BY THE INSTITUTE USING THE CALCULATION
DESCRIBED IN SECTION 22-54-103.3 (3)(c) FOR THE APPLICABLE BUDGET
YEAR; EXCEPT THAT, WHEN MAKING THE CALCULATIONS, THE INSTITUTE
PAGE 19-SENATE BILL 26-023
SHALL:
(A) USE THE CHARTER SCHOOL'S PUPIL ENROLLMENT FOR THE
APPLICABLE BUDGET YEAR INSTEAD OF FUNDED PUPIL COUNT AS
DETERMINED PURSUANT TO SECTIONS 22-54-103 .5 ( 4) AND 22-54-104 (7);
(B) USE THE CHARTER SCHOOL'S AT-RISK PUPIL ENROLLMENT FOR
THE APPLICABLE BUDGET YEAR INSTEAD OF THE ACCOUNTING DISTRICT'S
AT-RISK PUPIL ENROLLMENT AND USE THE CHARTER SCHOOL'S PERCENTAGE
OF AT-RISK PUPILS INSTEAD OF THE ACCOUNTING DISTRICT'S PERCENTAGE OF
AT-RISK PUPILS AS USED PURSUANT TO SECTIONS 22-54-103.5 (6)(a) AND
22-54-104 ( 4 ); EXCEPT THAT THE INSTITUTE SHALL USE THE CHARTER
SCHOOL'S AT-RISK PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR
INSTEAD OF ACCOUNTING DISTRICT'S AT-RISK PUPIL ENROLLMENT AS USED
IN THE FORMULA IN SECTION 22-54-103.5 (6)(b) IF: THE ACCOUNTING
DISTRICT'S FUNDED PUPIL COUNT IS LESS THAN SEVEN THOUSAND, THE
ACCOUNTING DISTRICT'S PERCENTAGE OF AT-RISK PUPILS IS SEVENTY
PERCENT OR GREATER, AND THE CHARTER SCHOOL'S AT-RISK PUPIL
ENROLLMENT FOR THE APPLICABLE BUDGET YEAR IS SEVENTY PERCENT OR
GREATER;
( C) USE THE CHARTER SCHOOL'S ENGLISH LANGUAGE LEARNER PUPIL
ENROLLMENT FOR THE APPLICABLE BUDGET YEAR INSTEAD OF DISTRICT
ENGLISH LANGUAGE LEARNER PUPIL ENROLLMENT AS USED PURSUANT TO
SECTIONS 22-54-103.5 (7) AND 22-54-104 (4.3); AND
(0) USE THE CHARTER SCHOOL'S SPECIAL EDUCATION PUPIL
ENROLLMENT FOR THE APPLICABLE BUDGET YEAR INSTEAD OF DISTRICT
SPECIAL EDUCATION PUPIL ENROLLMENT AS USED PURSUANT TO SECTION
22-54-103.5 (10).
(II) FOREACHBUDGETYEARBEGINNINGWITHTHE2027-28BUDGET
YEAR THROUGH THE 2030-31 BUDGET YEAR, THE INSTITUTE SHALL
DETERMINE EACH OF ITS CHARTER SCHOOLS' OLD FORMULA AMOUNTS OF
TOTAL PROGRAM. EACH CHARTER SCHOOL'S OLD FORMULA AMOUNT OF
TOT AL PROGRAM IS THE AMOUNT CALCULATED BY THE INSTITUTE USING THE
CALCULATION DESCRIBED IN SECTION 22-54-104 FOR THE APPLICABLE
BUDGET YEAR FOR EACH OF ITS CHARTER SCHOOLS; EXCEPT THAT, WHEN
MAKING THE CALCULATIONS, THE INSTITUTE SHALL:
PAGE 20-SENATE BILL 26-023
(A) USE THE CHARTER SCHOOL'S PUPIL ENROLLMENT FOR THE
APPLICABLE BUDGET YEAR INSTEAD OF THE ACCOUNTING DISTRICT'S FUNDED
PUPIL COUNT AS DETERMINED PURSUANT 22-54-104 (7);
(8) USE THE CHARTER SCHOOL'S AT-RISK PUPIL ENROLLMENT FOR
THE APPLICABLE BUDGET YEAR INSTEAD OF THE ACCOUNTING DISTRICT'S
AT-RISK PUPIL ENROLLMENT AS USED PURSUANT TO 22-54-104 ( 4 );
(C) USE THE CHARTER SCHOOL'S ENGLISH LANGUAGE LEARNER PUPIL
ENROLLMENT FOR THE APPLICABLE BUDGET YEAR INSTEAD OF ACCOUNTING
DISTRICT'S ENGLISH LANGUAGE LEARNER PUPIL ENROLLMENT AS USED
PURSUANT TO SECTION 22-54-104 (4.3).
(III) (A) IN ADDITION TO THE DISTRIBUTION DESCRIBED IN
SUBSECTION (2)(h)(IV) OF THIS SECTION, A CHARTER SCHOOL WHOSE
ACCOUNTING DISTRICT IS A SCHOOL DISTRICT DESCRIBED IN SECTION
22-54-103.5 (12)(c) MUST RECEIVE A PER PUPIL AMOUNT OF THE AMOUNT
DESCRIBED IN SECTION 22-54-103.5 (12)(c) FOR EACH STUDENT IN THE
CHARTER SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR.
(8) IN ADDITION TO THE DISTRIBUTION DESCRIBED IN SUBSECTIONS
(2)(h)(IV) OF THIS SECTION, A CHARTER SCHOOL WHOSE ACCOUNTING
DISTRICT IS DESCRIBED IN SECTION 22-54-104 ( 4.9) MUST RECEIVE A PER
PUPIL AMOUNT OF THE AMOUNT DESCRIBED IN SECTION 22-54-104 ( 4.9) FOR
EACH STUDENT IN THE CHARTER SCHOOL'S PUPIL ENROLLMENT FOR THE
APPLICABLE BUDGET YEAR.
(IV) FOREACHBUDGETYEARBEGINNINGWITHTHE2027-28BUDGET
YEAR THROUGH THE 2030-31 BUDGET YEAR, THE INSTITUTE SHALL
DISTRIBUTE TO EACH OF ITS CHARTER SCHOOLS, AN AMOUNT EQUAL TO THE
GREATER OF:
(A) THE CHARTER SCHOOL'S PHASE-IN AMOUNT OF TOTAL PROGRAM
FOR THE APPLICABLE BUDGET YEAR DETERMINED PURSUANT TO SUBSECTION
(2)(h)(I) OF THIS SECTION; OR
(8) THE CHARTER SCHOOL'S OLD FORMULA AMOUNT OF TOTAL
PROGRAM FOR THE APPLICABLE BUDGET YEAR, DETERMINED PURSUANT TO
SUBSECTION (2)(h )(II) OF THIS SECTION, PLUS ONE PERCENT OF THE CHARTER
SCHOOL'S OLD FORMULA AMOUNT OF TOTAL PROGRAM FOR THE APPLICABLE
PAGE 21-SENATE BILL 26-023
BUDGET YEAR.
(4) (a) (I) For each budget year thrnugh the 2025-26 budget year,
each institute charter school, the department shall withhold from the state
equalization payments of the institute charter school's accounting district an
amount equal to one hundred percent of the accounting district's adjusted
per pupil revenues multiplied by the number of pupils enrolled in the
institute charter school who are not online pupils plus an amount equal to
one hundred percent of the accounting district's per pupil online funding
multiplied by the number of online pupils enrolled in the institute charter
school. The department shall forward to the institute the amount withheld
minus an amount not to exceed one percent of the amount withheld that the
department may retain as reimbursement for the reasonable and necessary
costs to the department to implement the provisions of this part 5.
(1.5) For each budget year through the 2025-26 budget year, The
institute shall forward to each institute charter school an amount equal to
the institute charter school's pupil enrollment multiplied by the accounting
district's adjusted per pupil revenues of the institute charter school's
accounting district, minus:
(c) For budget years 2004-05 thrnugh 2010-11, the amount of
funding specified in paragraph (a) of this subsection (4) shall I eflect the
one-pet cent increase in the statewide base pet pupil funding for state fiscal
years 2001-02 thrnugh 2010-11 received by school districts as requited by
section 17 of article IX of the state constitution.
(5.5) (a) Notwithstanding any provision of this section to the
contrary, if a district charter school converts to an institute charter school
pursuant to section 22-30.5-510, the converted school's pet pupil revenues
or adjusted pet pupil revenues, whichever is applicable, and at-dsk
supplemental aid continue to be calculated pm suant to section 22-3 0 .5-112,
or 22-30.5-112.1 whichever is applicable, and section 22-30.5-112.2, TOTAL
PROGRAM FUNDING as the funding applied to the converted school before
the conversion; except that this subsection (5.5) does not apply if the
converted school was authorized by a small rural school district, as
described in section 22-54-108 (3 )(b )(IV), before the conversion.
( 10) (a) On or before December 1, 2009, and on or before December
l each year, thereafter, a representative from the governing board of each
PAGE 22-SENATE BILL 26-023
institute charter school and the institute board shall meet to review the level
of funding received by the institute as a result of the money withheld by the
institute for the amount of actual costs incurred by the institute in providing
necessary administration, oversight, and management services to the
institute charter schools. The institute charter school representatives and the
institute board shall, at a minimum, review, for each budget year, beginning
with the 2004-05 budget ,cat thrnugh the 2025-26 budget ,car, the amount
of money annually appropriated to the institute, the amount of costs
incurred by the institute, and the services provided by the institute.
( 11) (a) For the 2022-23 budget )'car, the gen ct al asscmbl)' shall
apptoptiatc three hundtcd se~cnty-fivc thousand dollars ftom the gcnc1al
fund to the institute to distt ibutc to eligible institute charter schools.
(b) As used in this subsection ( 11 ), "eligible institute chartct school"
means an institute charter school, at least fifty pct cent of the student
population of which 1cccivcs special education set vices thrnugh the
administr ati~ e unit of the institute.
(12) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT FOR
PURPOSES OF SECTION 17 OF ARTICLE IX OF THE STATE CONSTITUTION,
PROVISIONS INTENDED TO HOLD DISTRICTS HARMLESS AS A RESULT OF
CHANGING TOTAL PROGRAM DISTRIBUTION FROM THE INSTITUTE TO THE
CHARTER SCHOOL PURSUANT TO SUBSECTIONS (2)(g) AND (2)(h) OF THIS
SECTION ARE A PROGRAM FOR ACCOUNTABLE EDUCATION REFORM AND
THEREFORE MAY RECEIVE FUNDING FROM THE STATE EDUCATION FUND
CREATED IN SECTION 17 ( 4) OF ARTICLE IX OF THE STATE CONSTITUTION.
SECTION 11. In Colorado Revised Statutes, 22-33-203, amend
(2)( d) as follows:
22-33-203. Educational alternatives for expelled students.
(2) ( d) If an expelled student is receiving educational services
delivered by a school district other than the expelling school district, by a
charter school in a school district other than the expelling school district, by
a board of cooperative services, or by a nonpublic school, pursuant to an
agreement entered into pursuant to subsection (2)(c)(I) of this section, the
expelling school district shall transfer ninety-five percent of the district
per-pupil revenues as defined in section 22-30.5-112 (2)(a.5)(1I) to the
PAGE 23-SENATE BILL 26-023
school district, charter school, nonpublic school, or board of cooperative
services that is providing educational services, reduced in proportion to the
amount of time remaining in the school year at the time the student begins
receiving educational services.
SECTION 12. In Colorado Revised Statutes, 22-43.7-110.3, amend
(2)(b )(I) as follows:
22-43.7-110.3. Department- charter school facilities assistance
account -distribution -definitions.
(2) (b) (I) Each school district that provides funding pursuant to
section 22-30.5-112 01 22-30.5-112.1 to at least one qualified charter school
in a fiscal year shall, for that fiscal year, receive an amount equal to the
percentage of the total certified charter school pupil enrollment for all
qualified charter schools statewide for the applicable fiscal year that is
attributable to the district's certified charter school pupil enrollment,
multiplied by the amount credited to the charter school facilities assistance
account for the applicable fiscal year.
SECTION 13. In Colorado Revised Statutes, 24-33.5-2706, amend
as it will become effective if the office receives fifty thousand dollars of
gifts, grants, or donations (5)(a)(Il)(B) as follows:
24-33.5-2706. Trauma-informed practices for school safety drills
-work group -creation - purpose - membership - notice to revisor of
statutes -definitions -repeal.
(5) (a) (II) The work group consists of the following voting
members:
(B) Two school principals, one of whom must represent either a
district charter school as defined in section 22-30.5-112.1, or an institute
charter school, as defined in section 22-30.5-502, each appointed by the
minority leader of the house of representatives, on the advice of a statewide
association that represents school administrators;
SECTION 14. In Colorado Revised Statutes, repeal 22-30.5-112.2.
SECTION 15. In Colorado Revised Statutes, 22-44-105, amend
PAGE 24-SENATE BILL 26-023
(6)(d)(II) as follows:
22-44-105. Budget -contents -mandatory- repeal.
(6) (d) (II) This subsection (6) is SUBSECTIONS (6)(a) AND (6)(b) OF
THIS SECTION AND THIS SUBSECTION (6)(d) ARE repealed, effective July 1,
2026.
SECTION 16. In Colorado Revised Statutes, 22-54-103.3, amend
(3 )(b) as follows:
22-54-103.3. District total program -2025-26 through 2030-31
budget years -definitions -repeal.
(3) (b) (I) For the 2026-27 budget year, a district's total program is
the greater of the district's total program determination for the 2024-25
budget year or the amount calculated pursuant to section 22-54-104 plus an
amount equal to thirty percent of the difference between the district's total
program calculation pursuant to section 22-54-103 .5 and the district's total
program calculation pursuant to section 22-54-104.
(II) WHEN DETERMINING A DISTRICT'S TOT AL PROGRAM PURSUANT
TO SUBSECTION (3)(b)(I) OF THIS SECTION, IF THE DISTRICT'S TOTAL
PROGRAM CALCULATION PURSUANT TO SECTION 22-54-103.5 IS LESS THAN
THE DISTRICT'S TOTAL PROGRAM CALCULATION PURSUANT TO SECTION
22-54-104, THEN NOTWITHSTANDING SUBSECTION (3)(b )(I) OF THIS SECTION,
THE DISTRICT'S TOT AL PROGRAM IS THE GREATER OF THE DISTRICT'S TOT AL
PROGRAM DETERMINATION FOR THE 2024-25 BUDGET YEAR OR THE AMOUNT
CALCULATED PURSUANT TO SECTION 22-54-104.
SECTION 17. In Colorado Revised Statutes, 22-54-117, amend
(l)(a) introductory portion and (l)(a)(IX) as follows:
22-54-117. Contingency reserve -fund -repeal.
(1) (a) Fm the 2007-08 fiscal year and fiscal years thereafter, The
general assembly shall annually determine the amount to appropriate to the
contingency reserve fund, which is created in the state treasury. In deciding
the amount to appropriate to the contingency reserve fund, the general
assembly may take into consideration any recommendations made by the
PAGE 25-SENATE BILL 26-023
department of education, but nothing in this section obligates the general
assembly to provide supplemental assistance to all districts that are found
to be in need or to fully fund the total amount of such need. The state board
may approve and order payments from the contingency reserve fund for
supplemental assistance to districts determined to be in need as the result of
any or all of the following circumstances:
(IX) (A) For the 2021-22, 2022-23, and 2023-24 budget years,
Unusual financial burden caused by the withholding oflocal property taxes
pursuant to section 29-1-606 (5) for a rural or small rural school district, as
defined in section 22-7-1211 ( 4 ), because of a delay in filing the audit
report due to extraordinary problems that could not have been reasonably
foreseen or prevented by the rural or small rural school district.
(D) This subsection ( 1 )(a)(IX) is I epealed, effective July 1, 202-67
SECTION 18. In Colorado Revised Statutes, 24-51-1101, amend
(1.9)(a)(I), (1.9)(a)(Il)(B), (1.9)(a)(Il)(C), and (1.9)(h) as follows:
24-51-1101. Employment after service retirement - report -
definitions -repeal.
(1.9) (a) (I) Subject to subsection (l.9)(h) of this section, a service
retiree who is a superintendent, AN ASSISTANT SUPERINTENDENT, a
principal, A VICE PRINCIPAL OR ASSISTANT PRINCIPAL, a teacher, a school bus
driver, a school food services cook, a school nurse, or a paraprofessional,
as defined in section 22-60.3-201, and is hired pursuant to subsection
(1.9)(b) of this section by an employer in the school division of the
association that satisfies the criteria specified in subsection (1.9)(a)(II) of
this section may receive salary without reduction in benefits for any length
of employment in a calendar year if the service retiree has not worked for
an employer, as defined in section 24-51-101 (20), during the month of the
effective date of retirement. A service retiree described in this subsection
(l.9)(a) who works for an employer, as defined in section 24-51-101 (20),
during the month of the effective date ofretirement is subject to a reduction
in benefits as provided in section 24-51-1102 (2).
(II) The provisions of this subsection (1.9) apply only if:
(B) The school district, board of cooperative services, or charter
PAGE 26-SENATE BILL 26-023
school hires the service retiree for the purpose of providing classroom
instruction or school bus transportation to students enrolled by the district,
enrolled by one or more of the districts served by the board of cooperative
services, or enrolled by the charter school, or for the purpose of being a
superintendent, AN ASSISTANT SUPERINTENDENT, a principal, A VICE
PRINCIPAL OR ASSISTANT PRINCIPAL, a school food services cook, a school
nurse, or a paraprofessional, as defined in section 22-60.3-201; and
(C) The school district, board of cooperative services, or charter
school determines that there is a critical shortage of qualified
superintendents, ASSIST ANT SUPERINTENDENTS, principals, VICE PRINCIPALS
ORASSISTANTPRINCIPALS, teachers, school bus drivers, school food services
cooks, school nurses, or paraprofessionals, as defined in section
22-60.3-201, as applicable, and that the service retiree has specific
experience, skills, or qualifications that would benefit the district, board of
cooperative services, or charter school.
(h) A teacher, school bus driver, school food services cook, school
nurse, superintendent, ASSISTANT SUPERINTENDENT, principal, VICE
PRINCIPAL OR ASSISTANT PRINCIPAL, or qualified paraprofessional who
retires before he or she has THEY HAVE met the age and service credit
requirements for full service retirement benefits pursuant to section
24-51-602 shall not be employed after retirement pursuant to this subsection
(1.9) by the employer in the school division that was the teacher's, school
bus driver's, school food services cook's, school nurse's, superintendent's,
ASSIST ANT SUPERINTENDENT'S, principal's, VICE PRINCIPAL'S OR ASSIST ANT
PRINCIPAL'S, or qualified paraprofessional's last employer until two years
after the teacher's, school bus driver's, school food services cook's, school
nurse's, superintendent's, ASSISTANT SUPERINTENDENT'S, principal's, VICE
PRINCIPAL'S ORASSISTANTPRINCIPAL'S, or qualified paraprofessional's date
of retirement.
SECTION 19. In Colorado Revised Statutes, 22-7-1013, add (6.5)
as follows:
22-7-1013. Local education provider - preschool through
elementary and secondary education standards -adoption -academic
acceleration -definition.
(6.5) FOR THE 2026-27 SCHOOL YEAR, AND EACH SCHOOL YEAR
PAGE 27-SENATE BILL 26-023
THEREAFTER, A LOCAL EDUCATION PROVIDER MAY REQUEST THAT THE
DEPARTMENT OF EDUCATION APPROVE THE LOCAL EDUCATION PROVIDER'S
USE OF PENCIL AND PAPER TO COMPLETE ANY OR EVERY PORTION OF A ST A TE
ASSESSMENT ADMINISTERED PURSUANT TO SECTION 22-7-1006.3 ( 1 )( a) FOR
GRADE THREE OR FOUR. FOR THE 2026-27 SCHOOL YEAR, THE DEPARTMENT
OF EDUCATION SHALL EST AB LISH THE TESTING SCHEDULE FOR THE
ADMINISTRATION OF PENCIL AND PAPER ASSESSMENTS AND INCLUDE A
DEADLINE FOR THE RETURN OF COMPLETED PAPER AND PENCIL MATERIALS
FOR SCORING. FOR THE 2027-28 SCHOOL YEAR, THE DEPARTMENT OF
EDUCATION SHALL ESTABLISH A DEADLINE FOR THE SUBMISSION OF
REQUESTS FOR THE USE OF PENCIL AND PAPER ASSESSMENTS. THE LOCAL
EDUCATION PROVIDER IS RESPONSIBLE FOR COSTS OWED TO A VENDOR THAT
ARE ASSOCIATED WITH THE ADMINISTRATION OF PENCIL AND PAPER
ASSESSMENTS; EXCEPT THAT IF THE LOCAL EDUCATION PROVIDER IS A
SCHOOL, THEN THE SCHOOL IS RESPONSIBLE FOR COSTS ASSOCIATED WITH
THE ADMINISTRATION OF PENCIL AND PAPER ASSESSMENTS.
SECTION 20. In Colorado Revised Statutes, 22-20-107.5, add
(1.5) as follows:
22-20-107.5. District of residence of a child with a disability -
jurisdiction - rules.
( 1.5) THE STATE BOARD SHALL ADOPT RULES THAT ARE NECESSARY
TO DETERMINE A CHILD'S DISTRICT OF RESIDENCE FOR A CIRCUMSTANCE
THAT IS NOT DESCRIBED IN SUBSECTION (1) OF THIS SECTION.
SECTION 21. In Colorado Revised Statutes, 22-20-114, amend ( 1)
introductory portion, (l)(a), (l)(b), and (1.3); and add (9) as follows:
22-20-114. Funding of programs - application for
reimbursement -rules -legislative declaration -definition - repeal.
(1) Subjectto the pm visions of subsection (3) of this section, fot the
2005-06 budget yeat and eaeh budget year the1eafte1 the total amount
appropriated to the department for the payment of costs incurred by
administrative units for the provision, OR EXPENSES RELATED TO THE
PROVISION, of special education programs must be distributed to each
administrative unit that provides, OR PAYS FOR THE PROVISION OF,
educational services for children with disabilities as follows:
PAGE 28-SENATE BILL 26-023
(a) (I) Fi v c hundr cd thousand dollars to administrative units that
cnrnll children with disabilities FOR THE 2026-27 BUDGET YEAR AND EACH
BUDGET YEAR THEREAFTER, ONE MILLION DOLLARS TO FUND
REIMBURSEMENTS FOR ADMINISTRATIVE UNITS THAT PAY TUITION OR
EDUCATION EXPENSES THAT ENSURE A FREE APPROPRIATE PUBLIC
EDUCATION FOR A STUDENT IN OUT-OF-HOME PLACEMENT, AS DEFINED IN
SECTION 22-32-138 (l)(h), IF:
(A) For whom tuition is paid by the administrative units for the
children to receive educational services at apprnved facility schools, and
THE STUDENT HAS AN INDIVIDUALIZED EDUCATION PROGRAM;
(B) Fm whom parental tights have been relinquished by the parents
or terminated by a court, the parents of whom are incarcerated, the parents
of whom cannot be located, the parents of whom reside out of the state but
the department of human ser vices has placed the children within the
administrative unit, or children with disabilities who arc legally
emancipated. THE STUDENT DOES NOT HA VE A PARENT OR LEGAL GUARDIAN,
AS DESCRIBED IN SECTION 22-20-103 (19.7)(a)(I), (19.7)(a)(II), OR
(19.7)(a)(III), WHO IS AVAILABLE OR AUTHORIZED TO MAKE DECISIONS
CONCERNING EDUCATION FOR THE STUDENT; AND
(C) THE STUDENT IS PLACED BY A PUBLIC AGENCY, AS DEFINED IN
SECTION 22-20-103 (20), IN A RESIDENTIAL CHILD CARE FACILITY OR
RESIDENTIAL TREATMENT FACILITY THAT IS LOCATED OUT OF ST A TE OR IN AN
APPROVED FACILITY SCHOOL, AS DEFINED IN SECTION 22-2-402.
(II) The moneys appr opt iatcd put suant to subparagraph (I) of this
paragraph (a) shall be distributed in each budget year to administrative units
based upon each administrative unit's shat e of the aggr egatc number of
children with disabilities who are specified in subpatagraph (I) of this
paragraph (a), except that an administr ati\J c unit shall not r ccci v can amount
that exceeds the aggr egatc amount of tuition paid by that administrative unit
for the specified children with disabilities to receive educational scr vices at
approved facility schools dttt ing the immediately preceding budget y car. Fm
ptttposes of this patagraph (a), the number of children with disabilities that
arc specified in subparagraph (I) of this paragraph (a) shall be based upon
the count taken in December of the immediately preceding budget year. IN
THE 2026-27 BUDGET YEAR AND EACH BUDGET YEAR THEREAFTER, THE
DEPARTMENT SHALL DISTRIBUTE THE APPROPRIATION DESCRIBED IN
PAGE 29-SENATE BILL 26-023
SUBSECTION ( 1 )( a)(I) OF THIS SECTION PURSUANT TO AN APPLICATION FOR
REIMBURSEMENT PROCESS. THE STATE BOARD SHALL ADOPT RULES RELATED
TO THE APPLICATION FOR REIMBURSEMENT PROCESS.
(b) (I) For the budget y eats pt eceding the 2022-23 budget y eat, an
amount equal to one thousand two hundted fifty dollats fut each child with
disabilities t ecei~ ing special education setv ices ft om the administrnti~ e
unit '
tffl Except as specified in subsection ( 1.3) of this section, fut the
2022-23 budget yeat and each budget yeat theteafter, an amount equal to
one thousand seven hundred fifty dollars for each child with disabilities
receiving special education services from the administrative unit; and
(1.3) For the 2024-25 budget year and budget years theteaftet, The
dollar amounts set forth in subsections ( l )(b)(II) and (l )(e)(l11)
SUBSECTIONS ( 1 )(b) AND ( 1 )( c )(III) of this section are annually increased by
the rate of inflation. The amounts must be rounded to the nearest dollar. As
used in this subsection (1.3), "inflation" means the annual percentage
change in the United States department of labor bureau of labor statistics
consumer price index for Denver-Aurora-Lakewood for all items paid by
all urban consumers, or its applicable successor index.
(9) (a) THE DEPARTMENT SHALL ENGAGE STAKEHOLDERS ON THE
ISSUE OF PUBLIC PLACEMENTS IN FACILITY SCHOOLS AND WHETHER TO MAKE
RECOMMENDATIONS TO THE STATE BOARD REGARDING RULES OR TO THE
GENERAL ASSEMBLY REGARDING ST A TUTES RELATED TO PUBLIC
PLACEMENTS IN FACILITIES. THE STAKEHOLDERS THAT THE DEPARTMENT
SHALL ENGAGE WITH INCLUDE, BUT ARE NOT LIMITED TO, ADMINISTRATIVE
UNITS, MEDICAID MANAGED CARE ENTITIES, ORGANIZATIONS THAT
REPRESENT LICENSED RESIDENTIAL CHILD CARE FACILITIES, AND OTHER
PUBLIC ENTITIES.
(b) THIS SUBSECTION (9) IS REPEALED, EFFECTIVE JULY 1, 2027.
SECTION 22. In Colorado Revised Statutes, 22-82.9-205, amend
(1), (2), (3), and (4); and add (6) as follows:
22-82.9-205. Local food purchasing grant -amount - advisory
committee -verification of invoices -definition.
PAGE 30-SENATE BILL 26-023
(1) (a) Subject to subsection (5) of this section, each participating
school food authority OR CHARTER SCHOOL THAT OPERA TES UNDER A
PARTICIPATING CHARTER SCHOOL FOOD AUTHORITY that commits to
operating an advisory committee as described in subsection (3) of this
section is eligible to receive a local food purchasing grant pursuant to this
section to purchase Colorado grown, raised, or processed products. It is the
general assembly's intent that these grants be used primarily to support
small-and medium-sized farms and ranches.
(b) On or before August 1 of the first full budget year in which this
section is effective as provided in subsection (5) of this section and on or
before August 1 of each budget year thereafter, each participating school
food authoticy GRANTEE shall track and report to the department for the
preceding budget year:
(I) The total amount spent in purchasing all products used in
preparing meals and how much of that total was attributable to the local
food purchasing grant the participating school food authority GRANTEE
received;
(II) The total amount spent to purchase Colorado grown, raised, or
processed products and how much of that total was attributable to the local
food purchasing grant the participating school food authority GRANTEE
received;
(III) The total amount spent to purchase value-added processed
products and how much of that total was attributable to the local food
purchasing grant the participating school food author icy GRANTEE received;
and
(IV) The total number of eligible meals the participating school food
authority GRANTEE provided to students.
(2) (a) Subject to subsection (2)(b) of this section, at the beginning
of each budget year the department, subject to available appropriations,
shall distribute to each participating school food authot icy GRANTEE that is
eligible to receive a grant pursuant to this section an amount established
pursuant to section 22-82.9-211 (3 ). The participating school food authority
GRANTEE shall use the money received pursuant to this section to purchase
only Colorado grown, raised, or processed products and as provided in
PAGE 31-SENATE BILL 26-023
subsection (3 )(b) of this section and shall not use more than twenty-five
percent of the amount received to purchase value-added processed products.
In addition, a school food authority PARTICIPATING GRANTEE may use up to
ten percent of the money received pursuant to this section to pay allowable
costs, as identified by rules of the state board, incurred in complying with
this section.
(b) At the beginning of each budget year, each participating school
food author icy GRANTEE shall submit to the department an estimate of the
amount it expects to spend to purchase Colorado grown, raised, or
processed products for the budget year; a description of the items and
amounts it expects to purchase; and a list of the suppliers from which it
expects to purchase the items. If, based on the information provided, the
department determines that a participating school food authmiey GRANTEE
is unlikely to spend the full amount of the grant described in subsection
(2)(a) of this section, the department shall reduce the amount of the grant
accordingly. The department shall distribute to other participating school
food authorities GRANTEES that are eligible to receive grants pursuant to this
section any amount that is retained pursuant to this subsection (2)(b ). The
department shall distribute the additional amounts to the participating
school food authorities GRANTEES for which the grant amount calculated
pursuant to subsection (2)(a) of this section is less than twenty-five
thousand dollars, prioritized based on the highest identified student
percentages and greatest financial need.
(3) (a) To receive a local food purchasing grant pursuant to this
section, a participating school food authority GRANTEE must have or
establish an advisory committee made up of students and parents of students
enrolled in the public schools served by the participating school food
authority. In selecting students and parents to serve on the advisory
committee, the participating school food author icy GRANTEE shall ensure
that the membership of the advisory committee reflects the racial, ethnic,
and socioeconomic demographics of the student population enrolled by the
participating school food author icy GRANTEE. The advisory committee shall
advise the participating school food authority GRANTEE concerning the
selection of foods to ensure that meals are culturally relevant, healthy, and
appealing to all ages of the student population.
(b) A participating school food author icy GRANTEE may use up to
twelve percent of the amount received pursuant to subsection (2) of this
PAGE 32-SENATE BILL 26-023
section to support implementation of the advisory committee required in
subsection (3)(a) of this section.
( c) A school food author icy GRANTEE that provided one million or
fewer lunches in the 2023-24 school year may, subject to approval by the
department, work with other school food authorities GRANTEES to
implement an advisory committee that collaborates with multiple school
food authorities.
( d) An advisory committee established pursuant to this subsection
(3) is not limited to, but may:
(I) Schedule and hold meetings as necessary for the advisory
committee to have ongoing collaboration with the participating school food
authority GRANTEE and achieve the advisory committee's goals;
(II) Through student surveys or other methods as necessary, gather
student feedback on meals and meal preferences;
(Ill) Suggest the types of purchases oflocal ingredients to the school
food author icy GRANTEE that would support local farmers and ranchers in
the school food authority's region;
(IV) Inform the school food authority of recipes that are both
nutritious and reflect the cultures of the student population enrolled by the
participating school food author icy GRANTEE;
(V) Taste test healthy meal options;
(VI) Develop solutions to reduce food waste;
(VII) Assist the school food author icy GRANTEE in developing plans
to support more scratch cooking;
(VIII) Assist the school food authority PARTICIPATING GRANTEE in
obtaining the necessary resources to provide meals that are culturally
relevant, healthy, and appealing to all ages of the student population;
(IX) Inform the school food authority GRANTEE of, and assist in the
implementation of, strategies to maximize the collection and completion of
PAGE 33-SENATE BILL 26-023
household income application forms for national school lunch programs;
(X) Evaluate the effectiveness of the advisory committee in
supporting the school f-ood authotiey PARTICIPATING GRANTEE in improving
meal quality and student satisfaction with the meals provided by the school
f-ood attthotity GRANTEE; and
(XI) Learn from a school f-ood authot icy GRANTEE about the logistics
of local food procurement, menu requirements, and operational
management to support the advisory committee in suggesting realistic and
attainable changes to school meals.
(e) A sehool f-ood autho1ity GRANTEE may contract with an external
nonprofit organization to convene and facilitate an advisory committee
pursuant to this subsection (3 ).
( 4) The department shall annually require a selected group of
participating school food authorities GRANTEES that received a grant
pursuant to this section in the preceding budget year to submit to the
department a representative sample of the invoices for the products
purchased using the grant money. No later than September 1 of the second
budget year in which this section is effective as provided in subsection (5)
of this section, and no later than September 1 of each year thereafter, the
department shall review the invoices to verify that the products purchased
met the requirements specified in this section. If the department finds that
a participating school food authority used a significant portion of the grant
money, as determined by rule of the state board, to purchase products that
did not meet the requirements of this section, the participating school f-ood
authot icy GRANTEE is ineligible to receive a grant pursuant to this section for
the next budget year following the budget year in which the department
completes the review.
(6) As USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES, "GRANTEE" MEANS A PARTICIPATING SCHOOL FOOD AUTHORITY
OR CHARTER SCHOOL THAT OPERATES UNDER A PARTICIPATING SCHOOL
FOOD AUTHORITY DESCRIBED IN SUBSECTION (1) OF THIS SECTION THAT IS
ELIGIBLE FOR AND RECEIVES A LOCAL FOOD PURCHASING GRANT PROGRAM
PURSUANT TO THIS SECTION.
SE CTION 23. In Colorado Revised Statutes, 22-82.9-206, amend
PAGE 34-SENATE BILL 26-023
(1) as follows:
22-82.9-206. School meals food preparation and service
employees -wage increase or stipend.
(1) Subject to subsection (2) of this section, in addition to the
amounts received pursuant to sections 22-82.9-204 and 22-82.9-205, a
participating school food authority OR CHARTER SCHOOL THAT OPERA TES
UNDER A PARTICIPATING CHARTER SCHOOL FOOD AUTHORITY may receive
an amount described in section 22-82.9-211 (3 ), so long as the participating
school food authority OR CHARTER SCHOOL THAT OPERA TES UNDER A
PARTICIPATING CHARTER SCHOOL FOOD AUTHORITY uses one hundred
percent of the amount received pursuant to this section to increase wages or
provide stipends for individuals whom the participating school food
authority employs to directly prepare and serve food for school meals. To
receive the amount described in this section, a participating school food
authority OR CHARTER SCHOOL THAT OPERATES UNDER A PARTICIPATING
CHARTER SCHOOL FOOD AUTHORITY must submit documentation to the
department as required by rules of the state board to demonstrate that the
increase in wages or provision of stipends using the amount received
pursuant to this section is implemented for the budget year in which the
amount is received.
SECTION 24. In Colorado Revised Statutes, add 22-5-124 as
follows:
22-5-124. Limitations on authority.
(1) A BOCES IS NOT A STATEWIDE AUTHORIZER OF PROGRAMS OR
SCHOOLS, EXCEPT AS PERMITTED IN SECTION 22-33-104.3 OR22-30.7-106.
A BOC ES IS A PUBLIC ENTITY, AND A SCHOOL OR PROGRAM OPERA TED BY
A BOCES IS CONSIDER ED PUBLIC.
(2) STARTINGWITHTHE2026-27FISCALYEAR,AB0CESSHALLNOT
OPERA TE A SCHOOL, PROGRAM, SUBPROGRAM, OR CAMPUS OUTSIDE THE
GEOGRAPHIC BOUNDARIES OF ITS SCHOOL DISTRICT MEMBERS, EXCEPT AS
PERMITTED THROUGH THE PROCESSES SET FORTH IN SECTION 22-33-104.3 OR
22-30.7-106.
(3) UPON REQUEST FROM THE DEPARTMENT OF EDUCATION, A
PAGE 35-SENATE BILL 26-023
BOCES SHALL PROVIDE A COPY OF ANY AGREEMENT THAT DEMONSTRATES
CURRENT MEMBERSHIP OR TERMS OF SERVICE FOR THE BOCES TO THE
DEPARTMENT OF EDUCATION.
(4) THISSECTIONDOESNOTIMPACTTHESTATEWIDESUPPLEMENTAL
ONLINE AND BLENDED LEARNING PROGRAM CREATED IN SECTION 22-5-119.
SECTION 25. In Colorado Revised Statutes, add 22-33-104.3 as
follows:
22-33-104.3. Part-time programs for homeschool students-rules
- definitions - repeal.
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
(a) "LOCAL EDUCATION PROVIDER" MEANS A SCHOOL DISTRICT, A
CHARTER SCHOOL AUTHORIZED BY A SCHOOL DISTRICT PURSUANT TO PART
1 OF ARTICLE 30.5 OF THIS TITLE 22, A CHARTER SCHOOL AUTHORIZED BY
THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO PART 5 OF ARTICLE
30.50FTHISTITLE22,0RABOARDOFCOOPERATIVESERVICESCREATEDAND
OPERATING PURSUANT TO ARTICLE 5 OF THIS TITLE 22.
(b) "PART-TIME PROGRAM FOR HOMESCHOOL STUDENTS" MEANS A
PROGRAM OFFERED BY OR ON BEHALF OF A LOCAL EDUCATION PROVIDER
THAT SERVES HOMESCHOOL STUDENTS ENROLLED ON A PART-TIME BASIS
AND FUNDED PURSUANT TO SECTION 22-33-104.5 (6)(a), WHETHER OR NOT
THE PROGRAM HAS A SCHOOL CODE ISSUED BY THE DEPARTMENT OF
EDUCATION. "PART-TIMEPROGRAMFORHOMESCHOOLSTUDENTS"INCLUDES
ALL SUBPROGRAMS, CAMPUSES, MICROSCHOOLS, OR OTHER COMPONENTS OF
THE SAME PART-TIME PROGRAM THAT PROVIDE INSTRUCTION TO
HOMESCHOOL STUDENTS.
(2) (a) A LOCAL EDUCATION PROVIDER MAY OFFER ONE OR MORE
PART-TIME PROGRAMS FOR HOMESCHOOL STUDENTS IF EACH PROGRAM:
(I) COMPLIES WITH THE ST AND ARDS AND REQUIREMENTS
ESTABLISHED IN THIS SECTION AND RULES ADOPTED BY THE STATE BOARD;
AND
PAGE 36-SENATE BILL 26-023
(II) COMPLIES WITH ALL LEGAL REQUIREMENTS FOR PART-TIME
PROGRAMS FOR HOMESCHOOL STUDENTS FOR THE LOCAL EDUCATION
PROVIDER THAT AUTHORIZES THE PART-TIME PROGRAMS FOR HOMESCHOOL
STUDENTS.
(b) THE ST A TE BOARD SHALL ADOPT RULES AS NECESSARY FOR THE
REGULATION OF PART-TIME PROGRAMS FOR HOMESCHOOL STUDENTS AND
FOR THE IMPLEMENTATION OR ADMINISTRATION OF THIS SECTION.
(3) A PART-TIME PROGRAM FOR HOMESCHOOL STUDENTS:
(a) SHALL NOT, DIRECTLY OR INDIRECTLY, FUND, REIMBURSE, OR
SUBSIDIZE A PRIVATE ACTIVITY OR PRIVATE PURCHASE FOR A STUDENT OR
A STUDENT'S PARENT OR LEGAL GUARDIAN. A PRIVATE ACTIVITY OR
PURCHASE INCLUDES, BUT IS NOT LIMITED TO, ACTIVITIES, SUPPLIES, ITEMS,
OR MATERIALS OF PERSONAL VALUE THAT ARE GENERALLY NOT AVAILABLE
TO STUDENTS IN A LOCAL EDUCATION PROVIDER'S REGULAR FULL-TIME
PROGRAMS OR SCHOOLS.
(b) SHALL NOT ENROLL STUDENTS WHO SA TIS FY THEIR COMPULSORY
SCHOOL ATTENDANCE REQUIREMENTS THROUGH AN INDEPENDENT OR A
PAROCHIAL SCHOOL, AS DESCRIBED IN SECTION 22-33-104 (2)(b ).
( C) SHALL VERIFY THE STUDENT'S ELIGIBILITY FOR PUPIL
ENROLLMENT BY REQUIRING A COPY OF THE NOTIFICATION REQUIRED
PURSUANT TO SECTION 22-33-104.5 (3)(e), RETAINING A COPY OF THE
NOTIFICATION, AND MAKING A COPY OF THE NOTIFICATION AVAILABLE TO
THE DEPARTMENT OF EDUCATION UPON REQUEST. IF THE LOCAL EDUCATION
PROVIDER IS NOT A SCHOOL DISTRICT, THE LOCAL EDUCATION PROVIDER
SHALL FULFILL THE RE QUIREMENTS OF THIS SUBSECTION (3)(c) IN
COORDINATION WITH ITS AUTHORIZER OR ITS MEMBER DISTRICTS.
(4) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A LOCAL
EDUCATION PROVIDER THAT IS:
(a) A SCHOOL DISTRICT OR DISTRICT CHARTER SCHOOL SHALL NOT
OPERATE A PART-TIME PROGRAM FOR HOMESCHOOL STUDENTS OUTSIDE OF
THE GEOGRAPHIC BOUNDARIES OF THE SCHOOL DISTRICT;
(b) AN INSTITUTE CHARTER SCHOOL SHALL NOT OPERA TE A
PAGE 37-SENATE BILL 26-023
PART-TIME PROGRAM FOR HOMESCHOOL STUDENTS OUTSIDE OF THE
GEOGRAPHIC BOUNDARIES OF THE SCHOOL DISTRICT WHERE THE INSTITUTE
CHARTER SCHOOL IS PHYSICALLY LOCATED;
(c) A BOARD OF COOPERATIVE SERVICES SHALL NOT OPERATE A
PART-TIME PROGRAM FOR HOMESCHOOL STUDENTS OUTSIDE OF THE
GEOGRAPHIC BOUNDARIES OF THE BOARD OF COOPERATIVE SERVICES'
MEMBER SCHOOL DISTRICTS.
(5) A LOCAL EDUCATION PROVIDER MAY RECEIVE AUTHORIZATION
TO OPERATE A PART-TIME PROGRAM FOR HOMESCHOOL STUDENTS OUTSIDE
THE GEOGRAPHIC BOUNDARIES DESCRIBED IN SUBSECTION ( 4) OF THIS
SECTION, AS APPLICABLE, THROUGH ONE OF THE FOLLOWING:
(a) THE STATE BOARD MAY AUTHORIZE A LOCAL EDUCATION
PROVIDER TO OPERA TE OUTSIDE THE GEOGRAPHIC BOUNDARIES DESCRIBED
IN SUBSECTION (4) OF THIS SECTION, AS APPLICABLE, PURSUANT TO
ELIGIBILITY AND PROCEDURAL REQUIREMENTS FOR CERTIFICATION ADOPTED
BY ST A TE BOARD RULE. THE ST A TE BOARD SHALL ADOPT RULES REGARDING
THE ELIGIBILITY AND PROCEDURAL REQUIREMENTS FOR CERTIFICATION
PURSUANTTOTHISSUBSECTION(5)(a)NOLATERTHANDECEMBER31,2026,
THAT WILL APPLY FOR CERTIFICATION FOR THE 2027-28 SCHOOL YEAR AND
FOR EACH SCHOOL YEAR THEREAFTER. THE CERTIFICATION PROCESS RULES
MUST INCLUDE CRITERIA AND QUALITY STANDARDS FOR PART-TIME
PROGRAMS FOR HOMESCHOOL STUDENTS THAT ADDRESS ACCOUNTABILITY
AND TRANSPARENCY AND INCLUDE REPORTING OBLIGATIONS FOR LOCAL
EDUCATION PROVIDERS AS ARE REASONABLY NECESSARY FOR THE
IMPLEMENTATION OF THIS SECTION. A CERTIFICATION PURSUANT TO THIS
SUBSECTION (5)(a) IS VALID FOR TWO YEARS AND MAY BE SUBSEQUENTLY
RENEWED FOR TWO-YEAR TERMS.
(b) A LOCAL BOARD OF EDUCATION MAY AUTHORIZE, IN WRJTING, A
LOCAL EDUCATION PROVIDER TO OPERATE A PART-TIME PROGRAM FOR
HOMESCHOOL STUDENTS IN THE GEOGRAPHIC BOUNDARIES OF THE LOCAL
BOARD OF EDUCATION'S SCHOOL DISTRICT IF THE PART-TIME PROGRAM FOR
HOMESCHOOL STUDENTS OTHER WISE OPERA TES OUTSIDE OF THE
GEOGRAPHIC BOUNDARIES OF THE LOCAL EDUCATION PROVIDER. IN ITS
WRITI'EN AUTHORIZATION, THE LOCAL BOARD OF EDUCATION SHALL
CERTIFY, IN A FORM DEVELOPED BY THE DEPARTMENT OF EDUCATION, THAT
THE PART-TIME PROGRAM FOR HOMESCHOOL STUDENTS SATISFIES THE
PAGE 38-SENATE BILL 26-023
CRITERIA DESCRIBED IN SUBSECTION (2) OF THIS SECTION. IF THE LOCAL
BOARD OF EDUCATION HAS PROVIDED THE WRITTEN AUTHORIZATION AND
CERTIFICATION, THE SCHOOL DISTRICT OR CHARTER SCHOOL INSTITUTE MAY
SUBMIT STUDENTS WHO ARE ENROLLED IN THE PART-TIME PROGRAM FOR
HOMESCHOOL STUDENTS PURSUANT TO ITS PUPIL ENROLLMENT, AS DEFINED
IN SECTION 22-54-103 ( 10). A WRITTEN AUTHORIZATION PURSUANT TO THIS
SUBSECTION (5)(b) IS VALID FOR A TERM NOT GREATER THAN TWO YEARS
AND MAY BE SUBSEQUENTLY RENEWED. THE WRITTEN AUTHORIZATION
DESCRIBED IN THIS SUBSECTION (5)(b) MUST BE OBTAINED FROM ALL
DISTRICTS WHERE THE PART-TIME PROGRAM FOR HOMESCHOOL STUDENTS
PROVIDES INSTRUCTION TO STUDENTS.
(6) (a) FOR THE 2026-27 SCHOOL YEAR, A LOCAL EDUCATION
PROVIDER MAY RECEIVE AUTHORIZATION TO OPERATE A PART-TIME
PROGRAM FOR HOMESCHOOL STUDENTS OUTSIDE THE GEOGRAPHIC
BOUNDARIES DESCRIBED IN SUBSECTION (4) OF THIS SECTION, AS
APPLICABLE, THROUGH ONE OF THE FOLLOWING:
(I) THE DEPARTMENT OF EDUCATION MAY PROVISIONALLY
AUTHORIZE A LOCAL EDUCATION PROVIDER TO OPERA TE OUTSIDE THE
GEOGRAPHIC BOUNDARIES DESCRIBED IN SUBSECTION ( 4) OF THIS SECTION,
AS APPLICABLE. THE DEPARTMENT OF EDUCATION SHALL PUBLISH AN
APPLICATION TIMELINE AND REQUIREMENTS NO LATER THAN JUNE 15, 2026.
THE DEPARTMENT OF EDUCATION SHALL PROVISIONALLY AUTHORIZE A
LOCAL EDUCATION PROVIDER IF THE PART-TIME PROGRAM FOR HOMESCHOOL
STUDENTS:
(A) WAS IN OPERATION FOR THE 2025-26 SCHOOL YEAR;
(B) CERTIFIES THAT IT WILL NOT ENROLL MORE STUDENTS DURING
THE 2026-27 SCHOOL YEAR THAN IT ENROLLED DURING THE 2025-26 SCHOOL
YEAR;AND
(C) SATISFIES THE CRITERIA DESCRIBED IN SUBSECTION (2) OF THIS
SECTION; OR
(II) A LOCAL BOARD OF EDUCATION MAY AUTHORIZE, IN WRITING, A
LOCAL EDUCATION PROVIDER TO OPERATE A PART-TIME PROGRAM FOR
HOMESCHOOL STUDENTS IN THE GEOGRAPHIC BOUNDARIES OF THE LOCAL
BOARD OF EDUCATION'S SCHOOL DISTRICT IF THE PART-TIME PROGRAM FOR
PAGE 39-SENATE BILL 26-023
HOMESCHOOL STUDENTS OTHERWISE OPERATES OUTSIDE OF THE
GEOGRAPHIC BOUNDARIES OF THE LOCAL EDUCATION PROVIDER. IN ITS
WRITTEN AUTHORIZATION, THE LOCAL BOARD OF EDUCATION SHALL
CERTIFY, IN A FORM DEVELOPED BY THE DEPARTMENT OF EDUCATION, THAT
THE PART-TIME PROGRAM FOR HOMESCHOOL STUDENTS SATISFIES THE
CRITERIA DESCRIBED IN SUBSECTIONS (2), (6)(a)(l)(A), AND (6)(a)(I)(B) OF
THIS SECTION. IF THE LOCAL BOARD OF EDUCATION HAS PROVIDED THE
WRITTEN AUTHORIZATION AND CERTIFICATION, THE SCHOOL DISTRICT OR
CHARTER SCHOOL INSTITUTE MAY SUBMIT STUDENTS WHO ARE ENROLLED IN
THE PART-TIME PROGRAM FOR HOMESCHOOL STUDENTS PURSUANT TO ITS
PUPIL ENROLLMENT, AS DEFINED IN SECTION 22-54-103 (I 0). A WRITTEN
AUTHORIZATION PURSUANT TO THIS SUBSECTION (6)(a)(II) IS VALID FOR A
TERM NOT GREATER THAN TWO YEARS AND MAY BE SUBSEQUENTLY
RENEWED. THE WRITTEN AUTHORIZATION DESCRIBED IN THIS SUBSECTION
(6)(a)(II) MUST BE OBTAINED FROM ALL DISTRICTS WHERE THE PART-TIME
PROGRAM FOR HOMESCHOOL STUDENTS PROVIDES INSTRUCTION TO
STUDENTS.
(b) THIS SUBSECTION (6) IS REPEALED, EFFECTIVE JULY 1, 2027.
(7) NOTI-IING IN THIS SECTION LIMITS A LOCAL EDUCATION
PROVIDER'S DISCRETION TO ALLOW A CHILD PARTICIPATING IN A NONPUBLIC
HOME-BASED EDUCATIONAL PROGRAM TO ATTEND A PUBLIC SCHOOL FOR A
PORTION OF THE DAY PURSUANT TO SECTION 22-33-104 .5 (6)(a) IF THE
ATTENDANCE IS IN THE LOCAL EDUCATION PROVIDER'S REGULAR ON-SITE
PROGRAM RATHER THAN IN A PART-TIME PROGRAM FOR HOMESCHOOL
STUDENTS. THIS SUBSECTION (7) DOES NOT APPLY TO ONLINE SCHOOLS OR
PROGRAMS.
SECTION 26. In Colorado Revised Statutes, 22-54-103, add
(lO)G) and (lO)(k) as follows:
22-54-103. Definitions -repeal.
As used in this article 54, unless the context otherwise requires:
(I 0) G) "PUPIL ENROLLMENT" DOES NOT INCLUDE A STUDENT WHO
ENROLLS IN PUBLIC SCHOOL ON A PART-TIME BASIS WHILE THE STUDENT IS
ALSO ENROLLED IN AN INDEPENDENT OR PAROCHIAL SCHOOL, AS DESCRIBED
IN SECTION 22-33-104 (2)(b ).
PAGE 40-SENATE BILL 26-023
(k) A DISTRICT THAT ENROLLS STUDENTS PURSUANT TO SECTION
22-33-104.5 (6)(a) SHALL, PRIOR TO A STUDENT'S ENROLLMENT, COLLECT A
CURRENT COPY OF THE WRITTEN NOTIFICATION PURSUANT TO SECTION
22-33-104.5 (3)(e) ESTABLISHING ELIGIBILITY.
SECTION 27. In Colorado Revised Statutes, 22-30.7-105, add (6)
as follows:
22-30.7-105. Program criteria -guidelines -quality standards -
records -rules -definition.
(6) (a) AN AUTHORIZER MAY CHOOSE TO CONTRACT WITH AN
EDUCATION MANAGEMENT PROVIDER TO OPERA TE AN ONLINE PROGRAM OR
ONLINE SCHOOL. AN AUTHORIZER CONTRACTING WITH AN EDUCATION
MANAGEMENT PROVIDER SHALL MAINTAIN APPROPRIATE INDEPENDENCE
FROM, AND OVERSIGHT OF, THE EDUCATION MANAGEMENT PROVIDER.
(b) AN EDUCATION MANAGEMENT PROVIDER SHALL PROVIDE THE
FOLLOWING INFORMATION TO THE AUTHORIZER:
(I) ASUMMARYOFTHEPERFORMANCEDATAFORALLOFTHEONLINE
SCHOOLS THE EDUCATION MANAGEMENT PROVIDER IS MANAGING AT THE
TIME OF THE APPLICATION OR HAS MANAGED PREVIOUSLY, INCLUDING
DOCUMENTATION OF ACADEMIC ACHIEVEMENT AND ONLINE SCHOOL
MANAGEMENT SUCCESS;
(II) AN EXPLANATION OF, AND EVIDENCE DEMONSTRATING, THE
EDUCATION MANAGEMENT PROVIDER'S CAPACITY FOR SUCCESSFUL
EXPANSION WHILE MAINTAINING QUALITY IN THE SCHOOLS THAT THE
EDUCATION MANAGEMENT PROVIDER IS MANAGING;
(Ill) AN EXPLANATION OF ANY EXISTING OR POTENTIAL CONFLICTS
OFINTERESTBETWEENTHEAUTHORIZERANDTHEEDUCATIONMANAGEMENT
PROVIDER; AND
(IV) A COPY OFTHEACTUALORPROPOSED PERFORMANCE CONTRACT
BETWEEN THE AUTHORIZER AND THE EDUCATION MANAGEMENT PROVIDER
THAT SPECIFIES, AT A MINIMUM, THE FOLLOWING MATERIAL TERMS:
(A) PERFORMANCE EVALUATION MEASURES;
PAGE 41-SENATE BILL 26-023
(B) THE METHODS OF CONTRACT OVERSIGHT AND ENFORCEMENT
THAT THE AUTHORIZER WILL UTILIZE;
(C) THE COMPENSATION STRUCTURE AND ALL FEES THAT THE
AUTHORIZER WILL PAY TO THE EDUCATION MANAGEMENT PROVIDER; AND
(D) THE CONDITIONS FOR CONTRACT RENEWAL AND TERMINATION.
(c) As USED IN THIS SUBSECTION (6), "EDUCATION MANAGEMENT
PROVIDER" MEANS A FOR-PROFIT, NONPROFIT, OR NOT-FOR-PROFIT ENTITY
THAT CONTRACTS WITH AN AUTHORIZER TO PROVIDER, MANAGE, OR
OVERSEE ALL OR A SUBSTANTIAL PORTION OF THE EDUCATIONAL SERVICES
PROVIDED BY AN ONLINE PROGRAM OR ONLINE SCHOOL.
SECTION 28. In Colorado Revised Statutes, 22-32-122, add ( 6) as
follows:
22-32-122. Contract services, equipment, and supplies.
(6) (a) THIS SECTION DOES NOT AUTHORIZE THE CREATION OF A
CONTRACT SCHOOL THAT IS A FULL-TIME COMPLETE EDUCATIONAL PROGRAM
BEING OFFERED EXCLUSIVELY BY A PRIVATE ENTITY PURSUANT TO A
CONTRACT WITH THE PUBLIC ENTITY. IF A SCHOOL DISTRICT, BOARD OF
COOPERATIVE SERVICES, CHARTER SCHOOL, OR THE CHARTER SCHOOL
INSTITUTE SEEKS TO OPERA TE OR ENROLL STUDENTS IN A FULL-TIME
COMPLETE EDUCATIONAL PROGRAM PURSUANT TO A CONTRACT WITH A
PRIVATE ENTITY, THE SCHOOL DISTRICT, BOARD OF COOPERATIVE SERVICES,
CHARTER SCHOOL, OR THE CHARTER SCHOOL INSTITUTE SHALL UTILIZE
ANOTHER PROVISION OF LAW, INCLUDING THE "CHARTER SCHOOLS ACT",
PART 1 OF ARTICLE 30.5 OF THIS TITLE 22; THE "INNOVATION SCHOOLS ACT
OF 2008", ARTICLE 32.5 OF THIS TITLE 22; OR SECTION 22-30.7-105. THE
GENERAL ASSEMBLY INTENDS FOR THIS SUBSECTION (6) TO PROVIDE
CLARIFICATION OF THIS SECTION AND NOT TO MAKE A SUB ST ANTI VE CHANGE.
(b) THIS SUBSECTION ( 6) DOES NOT PROHIBIT CONTRACTS WITH AN
APPROVED FACILITY SCHOOL, AS DEFINED IN SECTION 22-2-402, AND DOES
NOT PROHIBIT CONTRACTS REQUIRED BY THE FEDERAL "INDIVIDUALS WITH
DISABILITIES EDUCATION ACT", 20 U.S.C. SEC. 1400 ET SEQ., AS AMENDED,
OR SECTION 504 OF THE FEDERAL "REHABILITATION ACT OF 1973", 29
U.S.C. SEC. 794, AS AMENDED, IN ORDER TO PROVIDE THE FULL CONTINUUM
PAGE 42-SENATE BILL 26-023
OF PLACEMENTS TO A STUDENT WITH A DISABILITY OR AS NECESSARY TO
PROVIDE A FREE APPROPRIATE PUBLIC EDUCATION TO A STUDENT WITH A
DISABILITY.
SECTION 29. Appropriation. For the 2025-26 state fiscal year,
$3,755,558 is appropriated to the department of education. This
appropriation is from the state education fund created in section 17 (4)(a)
of article IX of the state constitution. To implement this act, the department
may use this appropriation for state share of districts' total program funding.
SECTION 30. Appropriation -adjustments to 2026 long bill. To
implement this act, the cash funds appropriation from the state education
fund created in section 17 ( 4 )(a) of article IX of the state constitution, made
in the annual general appropriation act for the 2026-27 state fiscal year to
the department of education for the state share of districts' total program
funding is decreased by $8,502,195.
SECTION 31. Appropriation. (1) For the 2026-27 state fiscal
year, $313,395 is appropriated to the department of education. This
appropriation is from the state education fund created in section 17 (4)(a)
of article IX of the state constitution. To implement this act, the department
may use this appropriation as follows:
(a) $48,200 for use by management and administration for
information technology services; and
(b) $265,195 for use by school district operations for administration
related to public school finance, which amount is based on an assumption
that the division will require an additional 2.3 FTE.
SECTION 32. Appropriation. For the 2026-27 state fiscal year,
$3,385,203 is appropriated to the department of education for use by school
district operations. This appropriation is from the state education fund
created in section 17 (4)(a) of article IX of the_ state constitution. To
implement this act, the department may use this appropriation for charter
school hold harmless.
SECTION 33. Appropriation -adjustments to 2026 long bill. To
implement this act, the cash funds appropriation from the state education
fund created in section 17 ( 4 )(a) of article IX of the state constitution made
PAGE 43-SENATE BILL 26-023
in the annual general appropriation act for the 2026-27 state fiscal year to
the department of education for use by school district operations for at-risk
supplemental aid is decreased by $3,504,995.
SECTION 34. Safety clause. The general assembly finds,
detennines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions.
James Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
E r van Mourik
SECRETARY OF
THE SENATE
~ .
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
v~ ~y
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES