The act creates the access to opportunity task force (task force) to study and report on how to expand access to effective public schools to address opportunity gaps. The act requires the task force to report its findings and recommendations to the education committees of the house of representatives and the senate, the governor, the state board of education, the commissioner of education, and the department of education on or before January 1, 2027. If the first meeting of the task force is not until after July 31, 2026, then the report deadline is 5 months after the task force's first meeting. The act specifies that the task force will only conduct a study and prepare a report if the department of education receives sufficient gifts, grants, and donations.(Note: This summary applies to this bill as enacted.)
This bill brings Denver School of Science and Technology charter schools into the Denver Public Schools division of the Public Employees' Retirement Association (PERA), allowing their employees to participate in the same retirement benefits as other Denver public school workers. The legislation also changes the PERA Board of Trustees by adding one voting member elected by Denver Public Schools employees and removing a non-voting ex officio member from that division. Additionally, the bill extends the deadline for charter school employees to purchase additional retirement service credit for years worked before affiliation, moving the cutoff date from November 1, 2006, to July 1, 2026. These changes affect Denver public school employees, retirees, and the governance structure of the state's public employee retirement system.
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.)
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.)
If the state voluntarily elects to participate in a federal program that provides a tax credit for a qualified contribution to a scholarship granting organization, the bill requires the state to include all eligible scholarship granting organizations on its list identifying scholarship granting organizations to the federal government.If a school enrolls a student whose education-related expenses are paid, in whole or in part, by a scholarship granting organization, the bill requires the school to comply with nondiscrimination requirements and laws concerning students with disabilities.If the school that is subject to these requirements violates a requirement, the school is subject to an injunction and may have its eligibility to receive money for a student whose education-related expenses are paid by a scholarship granting organization suspended.(Note: This summary applies to this bill as introduced.)
The act requires the Colorado bureau of investigation to transmit a list of missing children to the Colorado department of education (department) instead of each school district and requires the department to notify the bureau if the department's list of enrolled students includes information about a missing child. The act repeals the requirement for a school district, board of cooperative services, district charter school, or institute charter school to have paper and pencil assessment policies for state-administered assessments in public schools. The act allows a school district or a charter school network with 1,200 students or fewer to submit a single plan to satisfy school district, school network, or school accreditation plan requirements. The act prohibits the department from representing as mandatory a voluntary data collection request to a school district, the state charter school institute, or a public school and prohibits the department from conditioning any benefit unrelated to a specific grant on the completion of a voluntary data collection request.(Note: This summary applies to this bill as enacted.)
The act:Increases the statewide base per pupil funding for the 2026-27 budget year by $208.60 to account for inflation;Sets a new statewide base per pupil funding amount for the 2026-27 budget year at $8,900.40; andSets the total program funding for the 2026-27 budget year at $10,178,856,871. Under current law, there are 2 total program formulas that are used to determine a school district's total program, commonly referred to as the old formula and the new formula. A school district's funded pupil count is a figure that is used as a part of determining a school district's total program. Under the new formula, for the 2026-27 budget year and each budget year thereafter, a school district's funded pupil count is calculated by determining the greater of the school district's pupil enrollment for the applicable budget year or the average of the district's pupil enrollment for the applicable budget year and the immediately preceding 2 budget years. However, the act requires that when specified conditions are met, a school district's funded pupil count is the school district's online pupil enrollment for the budget year, plus the school district's supplemental kindergarten enrollment for the budget year, plus the school district's extended high school pupil enrollment for the budget year, plus the greater of:The school district's pupil enrollment for the budget year;An amount equal to 50% of the school district's pupil enrollment for the budget year, plus an amount equal to 30% of the school district's pupil enrollment for the preceding budget year, plus an amount equal to 20% of the school district's pupil enrollment for the budget year that is 2 years preceding the budget year; orAn amount equal to 97% of the school district's pupil enrollment for the preceding budget year. A school district's cost of living factor is a figure that is used as a part of determining a school district's total program. Under the old formula and the new formula, the act requires the cost of living factor that was used for the 2025-26 budget year to apply in the 2026-27 budget year. Under current law, for the 2026-27 budget year, a district's total program is the greater of:The district's total program amount for the 2024-25 budget year; orThe amount calculated for the 2025-26 budget year under the old formula plus an amount equal to 30% of the difference between the amounts calculated between the old formula and the new formula. The act clarifies that for the 2026-27 budget year, if the calculation under the new formula is less than the calculation under the old formula, then that district's total program for the 2025-26 budget year is the greater of:The district's total program amount for the 2024-25 budget year under the old formula; orThe amount calculated for the 2026-27 budget year under the old formula. The act permits a school transformation grant recipient that is implementing a priority improvement or turnaround plan to use the grant award to plan for and implement rigorous redesign strategies. The act changes the provisions that determine the amounts of total program that school districts and the state charter school institute distribute to their charter schools. Related to the changes of these provisions, the act repeals at-risk supplemental aid for charter schools. The act exempts from a future repeal the general assembly's legislative declaration that using state education fund money for maintaining a website that explains major categories in the chart of accounts for local education providers is a permissible use of state education fund money. The act repeals the scheduled repeal of, resulting in a continuation of, a statute that authorizes contingency reserve fund payments to be used for rural or small rural school districts if an unusual financial burden would be caused by the withholding of local property taxes due to 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. The act adds an assistant superintendent, a vice principal, and an assistant principal to the list of eligible school employees who may receive a salary without a reduction in public employees' retirement association (PERA) benefits if the service retiree meets specified conditions. The act permits a local education provider to 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 state assessment for grades 3 or 4 and requires that the local education provider be responsible for costs owed to the vendor that are associated with the administration of the assessment using pencil and paper. The act authorizes the state board of education to adopt rules that are necessary to determine the district of residence of a child with a disability for a circumstance that is not described under law. The act repeals the requirement that $500,000 be distributed to administrative units that enroll children with disabilities and instead requires that $1 million be distributed 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 who has an individualized education program. The act requires the department of education to engage stakeholders concerning public placements in facility schools and on the issue of whether to make recommendations concerning such placements to the state board of education regarding rules or to the general assembly regarding statutes. Under current law, each participating school food authority that satisfies certain requirements is eligible to receive a local food purchasing grant and an amount to increase wages or stipends for individuals employed to prepare and serve school meals. The act clarifies that a charter school that operates under a participating school food authority is eligible for the awards. The act:Prohibits a board of cooperative services (BOCES) from acting as a statewide authorizer of programs or schools; andLimits a BOCES to operating a school or program outside the geographic boundaries of its school district members, unless specified conditions are satisfied. The act permits a local education provider to offer one or more part-time programs for homeschool students if specified conditions are satisfied. The act requires an authorizer contracting with an education management provider to maintain appropriate independence from, and oversight of, the education management provider. The act prohibits a school district from creating a contract school that is a full-time complete educational program offered exclusively by a private entity pursuant to a contract with the public entity. The act appropriates:$3,755,558 to the department of education from the state education fund for the state share of districts' total program;$313,395 to the department of education from the state education fund for management and administration for information technology services and for use by school district operations for administration related to public school finance; and$3,385,203 to the department of education from the state education fund for school district operations for costs associated with holding charter schools harmless for changes in the distribution of total program funding. The act adjusts the 2026-27 long bill by decreasing:$8,502,195 from the appropriation from the state education fund to the department of education for the state share of districts' total program funding; and$3,504,995 from the appropriation from the state education fund to the department of education for use by school district operations for at-risk supplemental aid.(Note: This summary applies to this bill as enacted.)
