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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 26-0495.02 Jacob Baus x2173 SENATE BILL 26-145
Senate Committees House Committees
Education
A BILL FOR AN ACT
CONCERNING CHARTER SCHOOL INVOLVEMENT IN LOCAL BALLOT101
QUESTIONS.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
Under current law, subject to procedural requirements, a charter
school that has capital construction needs may seek money to fund these
needs by requesting that its chartering school district (district):
! Submit a ballot question to the district's voters concerning
a special mill levy; or
! Include the charter school's capital construction needs in
SENATE
3rd Reading Unamended
April 17, 2026
SENATE
Amended 2nd Reading
April 16, 2026
SENATE SPONSORSHIP
Bright and Kipp, Carson, Frizell
HOUSE SPONSORSHIP
Boesenecker and Gilchrist,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
the district's ballot question for bonded indebtedness or for
an additional mill levy.
The bill:
!Requires a district that is considering submitting a ballot
question or questions to its voters to solicit proposals from
its charter schools about their capital construction needs;
! Requires the district's board to notify the charter schools
regarding whether it will include the charter school's capital
construction needs in the district's ballot questions; and
! Encourages a district to solicit proposals from institute
charter schools located within the district's boundaries
about their capital construction needs and include funding
for the capital construction needs in the district's relevant
ballot question.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Every Colorado public school student deserves to have their4
education funded fairly and equitably;5
(b) Voters who approve school district bond measures benefit6
from clear and accessible information about how bond proceeds are7
planned, allocated, and distributed across the schools within a district;8
(c) Transparency in the bond development process supports9
informed decision-making by voters, families, and school communities;10
(d) In order to make informed choices, voters need and deserve11
clear information on how bond proposals were developed, which schools12
were included, and why; and13
(e) Strengthening the statutory process regarding transparency and14
inclusion in school district planning serves the interests of students,15
families, educators, taxpayers, and voters.16
(2) Therefore, it is the intent of the general assembly to improve17
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transparency and inclusion in how these bonds are planned,1
communicated, and more equitably allocated across all students,2
regardless of the type of public school they attend.3
SECTION 2. In Colorado Revised Statutes, 22-30.5-403, amend4
(1); and add (1.5) as follows:5
22-30.5-403. Definitions.6
As used in this part 4, unless the context otherwise requires:7
(1) "Board of education" or "board" means a school district board8
of education. "ADDITIONAL MILL LEVY" MEANS A MILL LEVY AUTHORIZED9
BY SECTION 22-54-108.7.10
(1.5) "B OARD OF EDUCATION " OR "BOARD" MEANS A SCHOOL11
DISTRICT BOARD OF EDUCATION.12
SECTION 3. In Colorado Revised Statutes, 22-30.5-404, amend13
(1)(b), (3), and (4); repeal (1)(c); and add (2.5) as follows:14
22-30.5-404. Needs-based inclusion of charter schools in15
district bond elections - eligibility - allocation of bond revenues.16
(1) (b) (I) A school district shall allow for representation by17
charter schools on the school district's long-range planning committee and18
any committee established by the school district to assess and prioritize19
the district's capital construction needs and shall notify charter schools of20
the committee's meeting schedule. Charter schools shall cooperate in21
determining the person or persons who will represent the interests of22
charter schools on the committee. A DISTRICT'S LONG-RANGE PLANNING23
COMMITTEE, IF ONE EXISTS, AND ANY OTHER COMMITTEE ESTABLISHED BY24
THE DISTRICT TO ASSESS OR PRIORITIZE THE DISTRICT 'S CAPITAL25
CONSTRUCTION NEEDS SHALL:26
(A) M AINTAIN AT LEAST ONE MEMBERSHIP SEAT ON THE27
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COMMITTEE FOR A CHARTER SCHOOL REPRESENTATIVE . THE CHARTER1
SCHOOLS SHALL COOPERATE TO APPOINT THE REPRESENTATIVES REQUIRED2
PURSUANT TO THIS SUBSECTION (1)(b)(I)(A).3
(B) CLEARLY NOTIFY THE CHARTER SCHOOLS OF THE COMMITTEE'S4
MEETING SCHEDULE.5
(II) IF A COMMITTEE OR BODY THAT IS NOT THE BOARD DEVELOPS6
A LIST OF CAPITAL CONSTRUCTION RECOMMENDATIONS FOR THE BOARD TO7
INCLUDE IN THE DISTRICT 'S BALLOT QUESTION OR QUESTIONS , IT MUST8
SOLICIT AND GIVE EQUITABLE CONSIDERATION TO CHARTER SCHOOLS '9
CAPITAL CONSTRUCTION NEEDS.10
(c) Each school district that is considering submitting any question11
of contracting bonded indebtedness to the eligible electors of the district12
at an upcoming election shall invite each charter school chartered by the13
district to participate in discussions regarding the possible submission of14
such a question at the earliest possible time but no later than June 1 of the15
applicable election year, and each school district is encouraged to16
voluntarily include funding for the capital construction needs of charter17
schools in the district's questions of contracting bonded indebtedness18
without requiring a charter school to comply with the capital construction19
plan submission process set forth in subsection (3) of this section.20
(2.5) A DISTRICT IS ENCOURAGED TO VOLUNTARILY SUBMIT A21
BALLOT QUESTION FOR APPROVAL OF A SPECIAL MILL LEVY OR INCLUDE22
THE FUNDING FOR THE CHARTER SCHOOL'S CAPITAL CONSTRUCTION NEEDS23
IN THE DISTRICT 'S BALLOT QUESTION OR QUESTIONS FOR APPROVAL OF24
BONDED INDEBTEDNESS OR FOR APPROVAL OF AN ADDITIONAL MILL LEVY.25
IF A DISTRICT VOLUNTARILY SUBMITS A BALLOT QUESTION OR QUESTIONS26
PURSUANT TO THIS SUBSECTION (2.5) AND THE DISTRICT AND THE27
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CHARTER SCHOOL MUTUALLY AGREE TO THE CONTENT OF THE CHARTER1
SCHOOL'S PROPOSAL, THEN COMPLIANCE WITH SUBSECTION (3) OF THIS2
SECTION IS NOT REQUIRED.3
(3) (a) A charter school that seeks to have its capital construction4
needs included as part of a ballot question to be submitted by the board5
of education of its chartering school district to the voters of the district or6
that seeks to obtain funding for its capital construction needs through the7
imposition of a special mill levy pursuant to section 22-30.5-405 or an8
additional mill levy pursuant to section 22-54-108.7 shall submit a capital9
construction plan to the board of education of its chartering school10
district. The plan shall include: A DISTRICT THAT IS CONSIDERING11
SUBMITTING TO THE DISTRICT 'S VOTERS A BALLOT QUESTION OR12
QUESTIONS THAT CONCERN CAPITAL CONSTRUCTION SHALL SOLICIT13
PROPOSALS FROM EACH CHARTER SCHOOL ABOUT THEIR CAPITAL14
CONSTRUCTION NEEDS.15
(b) THE SOLICITATION DESCRIBED IN SUBSECTION (3)(a) OF THIS16
SECTION MUST:17
(I) BE IN WRITING;18
(II) BE MADE AS EARLY AS PRACTICABLE, BUT NO LATER THAN ONE19
HUNDRED TWENTY DAYS BEFORE APPROVING THE BALLOT QUESTION OR20
QUESTIONS TO BE SUBMITTED TO THE DISTRICT'S VOTERS; AND21
(III) I NCLUDE THE DEADLINE FOR THE CHARTER SCHOOL TO22
RESPOND TO THE SOLICITATION , WHICH MUST BE NO EARLIER THAN23
FORTY-FIVE DAYS AFTER THE DATE OF THE SOLICITATION.24
(c) A CHARTER SCHOOL 'S PROPOSAL DESCRIBED IN SUBSECTION25
(3)(a) OF THIS SECTION MUST INCLUDE:26
(a) (I) A statement of reasons why the capital construction27
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PROPOSED to be financed by bonded indebtedness, or a special MILL LEVY,1
or AN additional mill levy is necessary;2
(b) (II) A description of the capital construction PROPOSED to be3
financed by bonded indebtedness or revenues from a special MILL LEVY4
or AN additional mill levy;5
(c) (III) A description of the architectural, functional, and6
construction standards that meet applicable state building code7
requirements and are to be applied to each facility that is the subject of8
the PROPOSED capital construction project;9
(d) (IV) An estimate of the total cost of completing the capital10
construction PROPOSED to be financed by bonded indebtedness or a11
special or additional mill levy and, if any moneys MONEY other than12
proceeds of bonded indebtedness or a special or additional mill levy and13
interest earned on such THE proceeds are IS to be used to finance the14
PROPOSED capital construction, a breakdown of the moneys MONEY that15
will be used to finance the PROPOSED capital construction;16
(e) (V) An estimate of the amount of time needed to complete the17
PROPOSED capital construction;18
(f) (VI) A statement addressing whether PROPOSED construction19
and renovation, payment of overrun costs, and other capital construction20
project issues are to WOULD be managed by the charter school or the21
district, with costs for management to be negotiated by the charter school22
and the district;23
(g) (VII) A statement of reasons why revenue sources other than24
bonded indebtedness, or a special MILL LEVY, or AN additional mill levy25
are inadequate to fully finance the PROPOSED capital construction; and26
(h) (VIII) A statement of the charter school's preferred means of27
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obtaining moneys MONEY.1
(d) A T A PUBLIC MEETING OF THE BOARD OR LONG -RANGE2
PLANNING COMMITTEE , OR , IF NO LONG -RANGE PLANNING COMMITTEE3
EXISTS, A MEETING OF ANY OTHER COMMITTEE ESTABLISHED BY THE4
DISTRICT TO ASSESS OR PRIORITIZE THE DISTRICT 'S CAPITAL5
CONSTRUCTION NEEDS THAT OCCURS NO LATER THAN FORTY -FIVE DAYS6
BEFORE APPROVING A BALLOT QUESTION OR QUESTIONS TO BE SUBMITTED7
TO THE DISTRICT 'S VOTERS , THE CHARTER SCHOOL SHALL PRESENT ITS8
PROPOSAL DESCRIBED IN SUBSECTION (3)(a) OF THIS SECTION, INCLUDING9
THE PROPOSAL CONTENTS DESCRIBED IN SUBSECTION (3)(c) OF THIS10
SECTION.11
(4) (a) (I) The board of education of a school district shall review12
a capital construction plan EVERY PROPOSAL submitted by a charter school13
pursuant to subsection (3) of this section. and determine the priority of the14
charter school capital construction need in relation to the capital15
construction needs of other schools in the district. If the charter school's16
capital construction plan remedies shortcomings in the charter school's17
facilities identified in the financial assistance priority assessment of18
public school facilities created pursuant to section 22-43.7-108, or, when19
the assessment created pursuant to section 22-43.7-108 is no longer valid,20
in another assessment using similar criteria for all schools in the district,21
The board of education shall prioritize a charter school's capital22
construction needs in the school district's long-range plan and include23
those needs in the current ballot question in the upcoming election if the24
charter school's facility needs receive a higher priority assessment than25
the other schools in the district.26
(II) Notwithstanding the provisions of this subsection (4)27
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concerning the prioritization of a charter school's capital construction plan1
and inclusion in a district ballot question for approval of bonded2
indebtedness, the board of education of a school district and a charter3
school may agree to an alternative financial plan that addresses a charter4
school's facilities needs, including retiring financial obligations or bonds5
previously issued for the benefit of the charter school.6
(III) (A) Nothing in this subsection (4) shall require REQUIRES a7
school district to prioritize the capital construction plan of a charter8
school that is on probation with the district or that has been WAS9
INITIALLY authorized within the previous five THREE years.10
(B) The board of education of a school district may require a11
charter school to certify that school construction to be financed with bond12
proceeds in accordance with this section will remediate a shortcoming in13
the charter school's facilities identified pursuant to section 22-43.7-108,14
and that any construction will conform to any construction guidelines15
established pursuant to SECTION 22-43.7-107.16
(C) Notwithstanding the provisions of sub-subparagraph (A) of17
this subparagraph (III) The board of education of a school district and a18
charter school may agree to reserve or escrow funds for the benefit of the19
charter school.20
(IV) The board of education shall notify the charter school in21
writing whether the school di strict has prioritized the charter school's22
capital construction needs for inclusion in the ballot question at the23
upcoming election no later than sixty days prior to the date by which the24
school district is required to certify the ballot question to the county clerk25
and recorder.26
(b) (I) If the board has prioritized the charter school capital27
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construction needs pursuant to paragraph (a) of this subsection (4) for1
inclusion in the ballot question at the upcoming election, the board shall2
include the charter school's capital construction in the same ballot3
question being submitted by the district for a pproval of bonded4
indebtedness in accordance with subsection (5) of this section. NO LATER5
THAN THIRTY DAYS BEFORE APPROVING THE BALLOT QUESTION OR6
QUESTIONS TO BE SUBMITTED TO THE DISTRICT 'S VOTERS, THE DISTRICT7
SUPERINTENDENT SHALL NOTIFY IN WRITING EVERY CHARTER SCHOOL8
THAT SUBMITTED A PROPOSAL PURSUANT TO SUBSECTION (3) OF THIS9
SECTION OF THE BOARD'S DECISION CONCERNING WHETHER TO SUBMIT A10
BALLOT QUESTION FOR APPROVAL OF A SPECIAL MILL LEVY OR INCLUDE11
THE FUNDING FOR THE CHARTER SCHOOL'S CAPITAL CONSTRUCTION NEEDS12
IN THE DISTRICT 'S BALLOT QUESTION OR QUESTIONS FOR APPROVAL OF13
BONDED INDEBTEDNESS OR FOR APPROVAL OF AN ADDITIONAL MILL LEVY.14
(II) IF THE BOARD DECIDES NOT TO SUBMIT A BALLOT QUESTION15
FOR APPROVAL OF A SPECIAL MILL LEVY OR INCLUDE THE FUNDING FOR16
THE CHARTER SCHOOL'S CAPITAL CONSTRUCTION NEEDS IN THE DISTRICT'S17
BALLOT QUESTION OR QUESTIONS FOR APPROVAL OF BONDED18
INDEBTEDNESS OR FOR APPROVAL OF AN ADDITIONAL MILL LEVY , THE19
NOTIFICATION DESCRIBED IN SUBSECTION (4)(b)(I) OF THIS SECTION MUST20
INCLUDE THE BOARD 'S REASONS FOR THE EXCLUSION , WHICH MUST BE21
SPECIFIC AND RELATED TO THE MERITS OF THE PROPOSAL , AND MUST22
INCLUDE THE OPPORTUNITY FOR THE CHARTER SCHOOL TO ADDRESS ANY23
ISSUES RAISED BY THE BOARD. THE BOARD'S REASONS FOR THE EXCLUSION24
THAT ARE REQUIRED TO BE INCLUDED IN THE NOTIFICATION DESCRIBED IN25
SUBSECTION (4)(b)(I) ARE FOR INFORMATIONAL PURPOSES ONLY.26
(c) If the board has not prioritized the charter school's capital27
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construction needs for inclusion in the ballot question at the upcoming1
election, the board shall provide the charter school with a written2
statement specifying the reasons for excluding the needs, and the charter3
school shall have an opportunity to address any issues raised by the board.4
NO LATER THAN THIRTY DAYS AFTER THE BOARD SELECTS THE CAPITAL5
CONSTRUCTION PROJECTS THAT ARE INCLUDED FOR A BALLOT QUESTION6
OR QUESTIONS TO BE SUBMITTED TO THE DISTRICT'S VOTERS, THE BOARD7
SHALL POST IN A PROMINENT AND READILY ACCESSIBLE LOCATION ON THE8
BOARD'S WEBSITE A DOCUMENT THAT:9
(I) O UTLINES THE PROCESS THAT THE BOARD COMPLETED TO10
CONSIDER THE CAPITAL CONSTRUCTION NEEDS OF ALL OF ITS SCHOOLS ;11
AND12
(II) FOR ALL PROJECTS CONSIDERED, WHETHER THE BOARD CHOSE13
TO PRIORITIZE THE PROJECT TO INCLUDE FOR A BALLOT QUESTION OR14
QUESTIONS OR NOT, DESCRIBES IN DETAIL THE REASONING FOR CHOOSING15
TO PRIORITIZE OR EXCLUDE EACH CAPITAL CONSTRUCTION PROJECT THAT16
WAS CONSIDERED FOR A BALLOT QUESTION OR QUESTIONS.17
18
SECTION 4. Safety clause. The general assembly finds,19
determines, and declares that this act is necessary for the immediate20
preservation of the public peace, health, or safety or for appropriations for21
the support and maintenance of the departments of the state and state22
institutions.23
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