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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. 26-0968.01 Lindy Schaible x4215 SENATE BILL 26-166
Senate Committees House Committees
Education
A BILL FOR AN ACT
CONCERNING SCHOOL BOARD MEMBER DISQUALIFYING CONVICTIONS.101
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.)
Current law disqualifies a person convicted of committing a sexual
offense against a child from being a school director of a school district,
commonly known as a school board member. The bill adds convictions
for crimes of violence and for felony drug offenses involving distribution,
manufacturing, dispensing, or sale of a controlled substance to the list of
offenses that disqualify a person from being a school board member. The
bill specifies that a person is disqualified only for crimes of violence
offenses and felony drug offenses committed when the person was an
SENATE
3rd Reading Unamended
April 28, 2026
SENATE
Amended 2nd Reading
April 27, 2026
SENATE SPONSORSHIP
Benavidez and Kipp,
HOUSE SPONSORSHIP
Goldstein,
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.
adult.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 22-31-107, amend2
(5) as follows:3
22-31-107. Candidates for school director - call - qualification4
- nomination - definitions.5
(5) (a) (I) Any A person who has been convicted of commission6
of a sexual offense against a child shall not be IS NOT eligible for the7
office of school director of a school district. A DDITIONALLY, A PERSON8
WHO HAS BEEN CONVICTED OF ANY OF THE FOLLOWING OFFENSES AND9
WAS EIGHTEEN YEARS OLD OR OLDER AT THE TIME OF THE OFFENSE IS NOT10
ELIGIBLE FOR THE OFFICE OF SCHOOL DIRECTOR OF A SCHOOL DISTRICT11
WHEN FEWER THAN TEN YEARS HAVE PASSED SINCE THE PERSON SATISFIED12
EVERY ASPECT OF THE SENTENCE IMPOSED FOR THE CONVICTION ,13
INCLUDING INCARCERATION, FINANCIAL PENALTIES, AND PAROLE:14
(A) A CRIME OF VIOLENCE; OR15
(B) A FELONY DRUG OFFENSE INVOLVING DISTRIBUTION ,16
MANUFACTURING, DISPENSING, OR SALE.17
(II) If a person becomes ineligible pursuant to the terms of this18
subsection (5) while serving as a school director, a vacancy shall be IS19
deemed to exist that shall MUST be filled as provided in section20
22-31-129.21
(b) For purposes of AS USED IN this subsection (5), UNLESS THE22
CONTEXT OTHERWISE REQUIRES:23
(I) "C RIME OF VIOLENCE " MEANS AN OFFENSE DESCRIBED IN24
SECTION 18-1.3-406, OR AN OFFENSE WITH SUBSTANTIALLY SIMILAR25
166-2-
ELEMENTS UNDER THE LAWS OF ANOTHER STATE, THE UNITED STATES, OR1
ANY TERRITORY SUBJECT TO THE JURISDICTION OF THE UNITED STATES.2
"CRIME OF VIOLENCE " ALSO MEANS ATTEMPT , SOLICITATION , OR3
CONSPIRACY TO COMMIT ANY OF THE OFFENSES SPECIFIED IN THIS4
SUBSECTION (5)(b)(I).5
(II) "F ELONY DRUG OFFENSE INVOLVING DISTRIBUTION ,6
MANUFACTURING, DISPENSING, OR SALE" MEANS A FELONY DRUG OFFENSE7
DESCRIBED IN PART 4 OF ARTICLE 18 OF TITLE 18 INVOLVING8
DISTRIBUTION, MANUFACTURING, DISPENSING, OR SALE OF A CONTROLLED9
SUBSTANCE OR A CONTROLLED SUBSTANCE ANALOG, OR AN OFFENSE WITH10
SUBSTANTIALLY SIMILAR ELEMENTS UNDER THE LAWS OF ANOTHER STATE,11
THE UNITED STATES, OR ANY TERRITORY SUBJECT TO THE JURISDICTION12
OF THE UNITED STATES. "FELONY DRUG OFFENSE I NVOLVING13
DISTRIBUTION, MANUFACTURING , DISPENSING , OR SALE " ALSO MEANS14
ATTEMPT, SOLICITATION , OR CONSPIRACY TO COMMIT ANY OF THE15
OFFENSES SPECIFIED IN THIS SUBSECTION (5)(b)(II).16
(III) "Sexual offense against a child" means any of the offenses17
described in sections 18-3-305, 18-3-405, 18-3-405.3, 18-3-504 (2),18
18-6-301, 18-6-302, 18-6-403, 18-6-404, and 18-7-402 to 18-7-406,19
C.R.S., and any of the offenses described in sections 18-3-402 to20
18-3-404 and 18-7-302, C.R.S., where the victim is less than eighteen21
years of age SECTIONS 18-3-305, 18-3-402, 18-3-404, 18-3-405,22
18-3-405.3, 18-3-405.4, 18-3-504 (2), 18-6-301, 18-6-302, 18-6-403,23
18-6-404, 18-7-302, 18-7-402, 18-7-403, 18-7-404, 18-7-405, AND24
18-7-406 WHEN THE VICTIM IS UNDER EIGHTEEN YEARS OLD , OR AN25
OFFENSE WITH SUBSTANTIALLY SIMILAR ELEMENTS UNDER THE LAWS OF26
ANOTHER STATE, THE UNITED STATES, OR ANY TERRITORY SUBJECT TO27
166-3-
THE JURISDICTION OF THE UNITED STATES. "Sexual offense against a1
child" also means attempt, solicitation, or conspiracy to commit any of the2
offenses specified in this paragraph (b) SUBSECTION (5)(b)(III).3
(c) For purposes of this subsection (5), "convicted" includes4
having pleaded PLEADING guilty or nolo contendere or having received5
RECEIVING a deferred judgment and sentence; except that a person shall6
MUST not be deemed to have been convicted if the person has successfully7
completed a deferred sentence.8
SECTION 2. Act subject to petition - effective date. This act9
takes effect at 12:01 a.m. on the day following the expiration of the10
ninety-day period after final adjournment of the general assembly (August11
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a12
referendum petition is filed pursuant to section 1 (3) of article V of the13
state constitution against this act or an item, section, or part of this act14
within such period, then the act, item, section, or part will not take effect15
unless approved by the people at the general election to be held in16
November 2026 and, in such case, will take effect on the date of the17
official declaration of the vote thereon by the governor.18
166-4-