The bill modifies the definition for an 'eligible nonprofit organization' that may receive a disbursement from the school security disbursement program. The modified definition requires that the nonprofit be based in Colorado. and provide school safety incident response, violence prevention, and behavioral health training and expertise at no cost to local education providers, law enforcement agencies, and other first responders from Colorado. The bill requires the department of public safety to disburse all grant money awarded pursuant to the disbursement program for use in the upcoming school year no later than August 1 of that same calendar year. The bill directs the department to give priority to applicants that commit to providing their training to local education providers, local law enforcement agencies, and other local first responders at no charge.(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The act requires a school district that is considering submitting to its voters a ballot question concerning capital construction to solicit proposals from its charter schools about their capital construction needs. The act specifies the solicitation process requirements and requires the school district to notify a charter school that submitted a proposal whether the school district will include the charter school's capital construction needs in the school district's ballot question or questions. If the school district decides not to include the charter school's capital construction needs in the ballot question, the notification must include the school district's reasons for the exclusion and must include an opportunity for the charter school to address issues raised by the school district. If the school district and charter school mutually agree to the content of the charter school's proposal, a school district that voluntarily submits to its voters a ballot question for the charter school's capital construction needs is not required to comply with the required solicitation process.(Note: This summary applies to this bill as enacted.)
This bill designates a specific section of State Highway 92 in Delta County as the "Educators and Teachers Memorial Highway" to honor the contributions of local educators and teachers. The designated stretch runs from mile marker 3 to mile marker 7, passing through the unincorporated community of Read, Colorado, which historically housed the headquarters for Delta County Joint School District 50J. The resolution authorizes the Colorado Department of Transportation to accept donations and grants for installing commemorative signs along this highway segment. This measure serves as a symbolic recognition of the role schools and teachers play in the community without changing any laws or regulations.
Section 4 of the bill creates the 'Building Excellent Teacher and Employee Residences Act' (BETER). BETER creates a new school district financing opportunity for the development of housing for teachers and other school district and public school staff (workforce housing). The bill creates an application process by which a school district (applicant) may apply to the workforce housing assistance board (board) for financial assistance in connection with developing a workforce housing project. The division of public school capital construction assistance within the department of education (division of public school capital construction assistance) and the division of housing within the department of local affairs (division of housing) shall assist applicants in identifying workforce housing needs and in submitting applications to the board. No later than June 1, the board, with the support of the division of housing and division of public school capital construction assistance, shall review these applications according to guidelines that the board establishes and creates an initial prioritized list of workforce housing projects to award financial assistance. The board shall submit this initial prioritized list to the state board of education and the state housing board for comment. No later than July 15, the board shall determine a final prioritized list of projects for which the board will provide financial assistance. The board may only award financial assistance to an applicant for a workforce housing project if:The board determines that the project complies with affordability, tenancy, and environmental and building requirements established by the board; andUnless the board grants an exemption, the applicant provides matching money in an amount at least equal to the portion of the total development cost of the workforce housing project that can be financed with and supported by net operating income generated from the project.The board may only provide an amount of financial assistance to an applicant for a workforce housing project that is equal to or less than the portion of the amount of the workforce housing project's total development cost that exceeds the amount that the applicant can finance and support with the workforce housing project's net operating income. The board may provide financial assistance to an applicant for a workforce housing project by awarding matching grants that are paid out of the workforce housing assistance fund (fund) or by instructing the state treasurer to enter into a financed purchase of an asset or certificate of participation agreement. In this context, the financed purchase of an asset or certificate of participation agreement means a lease-purchase agreement between the state treasurer and a trustee pursuant to which:The state makes rental payments that include principal and interest components; andThe trustee, pursuant to an indenture of trust, creates certificates of participation evidencing undivided interests in the payments made by the state under the lease-purchase agreement. Any payment obligation of the state as part of a financed purchase of an asset or certificate of participation agreement is subject to annual appropriation and does not create an indebtedness or multiple fiscal year financial obligation of the state within the meaning of any provision of the state constitution or state statute. If the state treasurer enters into a financed purchase of an asset or certificate of participation agreement, the board shall enter into a sub-financed purchase of an asset or certificate of participation agreement for the workforce housing project with the applicant that will use the workforce housing. The sub-financed purchase of an asset or certificate of participation agreement must:Require the applicant to perform for the state all duties of the state to maintain and operate the workforce housing project and to make periodic rental payments to the state or otherwise make a payment to the state in the amount of the matching money required for the award of financial assistance; andProvide for the transfer of ownership of the workforce housing from the state to the applicant upon the fulfillment of both the state's obligations under the financed purchase of an asset or certificate of participation agreement and the applicant's obligations under the sub-financed purchase of an asset or certificate of participation agreement. The board is required to present an annual written report to the education and finance committees of the house of representatives and the senate regarding the provision of financial assistance to applicants. The board is also required to post a similar report on the department of education's website. Sections 5, 6, 7, and 8 establish the funding mechanism for the fund. The state constitution restricts the use of the principal of the public school fund and only allows for the use of public school fund interest and income. Sections 6 and 7 clarify that public school fund interest and income includes realized and unrealized gains and directs the transfer of the lesser of an amount of interest and income equal to 2.5% of the total value of the public school fund after making currently required interest and income distributions from the public school fund or $40 million to the state public school fund. Section 5 creates the public school fund income stabilization account within the public school fund and directs the treasurer to credit the difference between the amount transferred from the public school fund to the state public school fund as described in section 6 and $40 million to the account. The uses of the account are limited to supplementing payment from or the principal of the public school fund. Section 8 directs the state treasurer to annually transfer an amount equal to the amount transferred from the public school fund to the state public school fund pursuant to section 6 from the state education fund to the fund. Section 1 expands school district powers concerning the development and financing of workforce housing. Specifically, section 1 allows for school districts to:Acquire, construct, improve, own, operate, lease, and lease-purchase workforce housing;Issue bonds to finance workforce housing;Enter into contracts with public entities and private parties to finance workforce housing; andCreate enterprises for the acquisition, construction, improvement, ownership, operation, leasing, and lease-purchasing of workforce housing.Section 1 also describes the characteristics of bonds issued by school district-created enterprises for the purpose of financing workforce housing. Section 2 adds certain school district and school district enterprise lease agreements, lease-purchase agreements, and revenue bonds entered into or issued in connection with financing workforce housing to the state intercept program. Sections 3, 9, and 10 grant the division of public school capital construction assistance, the state treasurer, and the division of housing the powers necessary to implement the bill.(Note: This summary applies to this bill as introduced.)
The act requires the secretary of state to refer a ballot issue at the November 2026 general election to seek voter approval for the state, beginning in the 2026-27 state fiscal year, to retain and spend an amount of state revenue equal to the amount of state public K-12 education funding in excess of the limitation on state fiscal year spending and to increase state public K-12 education funding by up to 2% per year for 10 years. The act directs legislative council staff to determine the amount of state public K-12 education funding and describes how legislative council staff will make that determination. The act creates a positive factor to increase state public K-12 education funding. The amount of the positive factor compounds annually for 10 years. The positive factor for the 2026-27 budget year is 2% of the program foundation calculated for the 2025-26 budget year. For the 2027-28 through 2034-35 budget years, it is the sum of 2% of the prior year's program foundation plus the prior year's positive factor. For the 2035-36 budget year and beyond, it is the sum of 2% of the 2034-35 program foundation plus the 2034-35 positive factor. A district's share of the positive factor is calculated proportionally based on the district's total program under the new school finance formula relative to the statewide total program. A district may only use its positive factor funding for increasing teacher pay, improving teacher retention, lowering class sizes, and increasing access to career and technical courses. For the 2026-27 state fiscal year, the children's account consists of an amount of money equal to the amount of state revenues that the state retains for a given fiscal year pursuant to voter approval of the act. For state fiscal years commencing on or after July 1, 2027, the account consists of that same amount minus an amount equal to the total dollar amount of warrants issued by the state treasurer to reimburse local governments for property tax exemptions. Money in the account must first be spent to pay districts their positive factor, then any remaining funds are appropriated for disability services and school services and to increase annual contact hours, and finally to programs prioritizing child care and full-day preschool. The act directs the state auditor to conduct and publish a report on excess state revenues for each state fiscal year that the state retains and spends state revenues in excess of the limitation on state fiscal year spending. That report must include descriptions of:The amount of state revenues that the state retained and spent that would otherwise have been in excess of the limitation on state fiscal year spending; andHow the state expended the state revenues that the state retained and spent that would otherwise have been in excess of the limitation on state fiscal year spending. Beginning August 1, 2027, the act requires each local education provider to post, online for free public access in a format that can be downloaded and sorted, its actual expenditures of any positive factor received. Lastly, the act updates provisions regarding the expanded earned income tax credit, the family affordability tax credit, and the affordable housing financing fund to ensure that voter approval of the act does not adversely impact those programs.(Note: This summary applies to this bill as enacted.)
The act prohibits a school district, a charter school authorized by a school district, a charter school authorized by the state charter school institute, the state charter school institute, or a board of cooperative services that operates one or more public schools (LEP) from discriminating against an individual who has a disability and who is entitled to a free public education (qualified student with a disability) based on the student's disability. The act requires an LEP to allow a qualified student with a disability to participate in and enjoy the benefits of the provider's programs, services, or activities in the same manner as a student without a disability. When providing any aid, benefit, or service, an LEP shall not, based on disability:Deny a qualified student with a disability an opportunity to participate in or benefit from the aid, benefit, or service in a manner that is equal to that afforded to other students;Provide a qualified student with a disability with an aid, benefit, or service that is not as effective as that provided to other students;Provide different or separate aids, benefits, or services to a qualified student with a disability unless such action is necessary to provide a qualified student with a disability with aids, benefits, or services that are as effective as those provided to other students;Aid or perpetuate discrimination against a qualified student with a disability by providing significant assistance to an agency, an organization, or a person that discriminates on the basis of disability in providing any aid, benefit, or service to beneficiaries of the LEP's educational program or activity; orOtherwise limit a qualified student with a disability in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by students without disabilities who receive an educational aid, benefit, or service. The act prohibits an LEP from using criteria or methods of administration that:Have the effect of subjecting a qualified student with a disability to discrimination on the basis of their disability;Have the purpose or effect of defeating or substantially impairing accomplishment of the objectives of the LEP's program or activity with respect to a qualified student with a disability; orPerpetuate the discrimination of another LEP if both LEPs are subject to common administrative control or are agencies of the state. In determining the site or location of a facility, an LEP may not make selections that:Exclude a qualified student with a disability from a facility or deny a qualified student with a disability the benefits of a facility, or that otherwise subject a qualified student with a disability to discrimination; orHave the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the program or activity with respect to a qualified student with a disability. The act requires an LEP to:Adopt a disability rights grievance process that incorporates appropriate due process standards and that is satisfied by following the grievance procedures in section 504 of the federal 'Rehabilitation Act of 1973' and to designate at least one responsible employee to oversee compliance with the provisions of the act relating to discrimination and to serve as a point of contact for students and families;Make a reasonable modification to a policy, practice, or procedure when the modification is necessary to avoid discriminating against a qualified student with a disability on the basis of disability;Provide a reasonable accommodation to a parent with a disability who is seeking appropriate access to programs and activities for parents in relation to that parent's child;Ensure that a communication to a qualified student with a disability is as effective as a communication to a student without a disability and to furnish appropriate auxiliary aids and services where necessary to afford a qualified student with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity of the LEP;Ensure that a qualified student with a disability is not denied access to the LEP's services, programs, or activities because of facilities inaccessible to a qualified student with a disability;Provide a free and appropriate public education to each qualified student with a disability who is in the LEP's jurisdiction, regardless of the nature or severity of the student's disability, and if necessary, ensure adequate transportation to and from any placement premises;Provide for the free and appropriate public education of each qualified student with a disability with students without disabilities to the maximum extent appropriate to the needs of the qualified student with a disability; Place a qualified student with a disability in the regular educational environment operated by the LEP unless it is demonstrated that the education of the student in that environment with the use of supplementary aids and services cannot be achieved satisfactorily;Provide nonacademic and extracurricular services and activities in such a manner as is necessary to afford a qualified student with a disability an equal opportunity to participate in the services and activities;At least annually, identify and locate every qualified student with a disability residing in the LEP's jurisdiction who is not receiving a free and appropriate public education and take appropriate steps, with the permission of the qualified student with a disability and their parent, to evaluate the student; Ensure that a qualified student with a disability is free from harassment that is sufficiently serious to create a hostile environment or interfere with or limit the student's ability to participate in or benefit from the LEP's services, activities, or opportunities; andConduct evaluations and reevaluations of a student in the student's primary language, communicate with a parent with limited English proficiency in a manner that provides meaningful access to information, and provide interpretation and translation services for communication with a parent with limited English proficiency. Subject to sufficient funding or resources, certain provisions of the act take effect, which:Allow the department of education (department) to provide training and technical assistance to LEPs about the requirements of the act;Establish a complaint process and specifies that the department may investigate and resolve complaints of alleged violations of the provisions of the act pursuant to the complaint process;Specify the circumstances under which an individual may file a complaint with the department;Allow the department to order specified remedies as determined necessary by the department to remedy violations occurring pursuant to the act and to prospectively ensure compliance, if the department finds a violation; and Allow the state board of education (board) to withhold state funds from an LEP if the board determines that the LEP has intentionally violated the provisions of the act and demonstrated an unwillingness to enter into a corrective action plan to address the violation. No later than December 31, 2026, the board shall adopt rules that establish procedures for the withholding of funds. The board must provide due process to an LEP before state funds are withheld. The act prohibits an LEP from coercing, intimidating, threatening, or discriminating against any individual for the purpose of interfering with any right or privilege secured by the act, the federal 'Individuals with Disabilities Education Act', the 'Americans with Disabilities Act of 1990', the 'Exceptional Children's Educational Act', or the 'Protection of Students from Restraint and Seclusion Act' (anti-discrimination laws) because an individual:Makes, has made, or because an LEP believes an individual has made or will make, a complaint pursuant to an anti-discrimination law; orTestifies, assists, or participates in any manner in an investigation or proceeding regarding an allegation or complaint pursuant to an anti-discrimination law.(Note: This summary applies to this bill as enacted.)
The act allows off-campus courses to be included in concurrent enrollment programs when the off-campus courses meet the requirements for concurrent enrollment programs and the requirements of an accrediting agency recognized by the United States department of education. The act provides that additional concurrent enrollment courses shall not be approved after July 1, 2028 unless the general assembly indicates in a footnote in the general appropriations act that the department of education (department) has sufficient funding for course and audit oversight requirements to allow approval of additional concurrent enrollment courses. For the 2026-27 state fiscal year, the act appropriates $66,056 from the general fund to the department and reduces the general fund appropriation for the college opportunity fund program by $80,178 with a corresponding decrease in reappropriated funds for the regents of the university of Colorado.(Note: This summary applies to this bill as enacted.)
The act includes approved facility schools in the definition of 'employer' for purposes of the public employees' retirement association (PERA) and allows an approved facility school to apply to the PERA board to affiliate with PERA.(Note: This summary applies to this bill as enacted.)
The act makes changes and clarifications in the provisions related to the department of early childhood (department). The act:Eliminates the scheduled repeal of licensing exemptions for certain in-home child care arrangements in which the children are related to the caregiver, are siblings, or number fewer than five;Updates provisions related to early care and education provider reimbursement for services performed before final eligibility determinations in the Colorado child care assistance program;Lowers the age limit for children served by the early childhood mental health consultation program from 8 years old to 6 years old and adjusts that program's reporting requirements;Clarifies the sources of money appropriated to the universal preschool program;Requires the department to keep confidential identifying records and facts regarding children and their relatives;Clarifies that child care facilities approved, certified, or licensed by tribal governments are exempt from the department's licensing rules; andAdjusts the membership requirements and duties of the early childhood leadership commission and subcommittee membership requirements for the rules advisory council.(Note: This summary applies to this bill as enacted.)
The bill creates a working group to make findings and recommendations concerning how to implement the college opportunity fund for persons who are incarcerated in Colorado, including whether fee-for-service contracts for participating institutions of higher education need to be modified. The bill requires the working group to report its findings and recommendations to the education committees of the house of representatives and the senate on or before December 1, 2026.(Note: This summary applies to this bill as introduced.)
