Colorado 2026 Regular Session Status: Enacted Bipartisan · 17 D · 8 R cosponsors

SB 23 — School Finance Act

Last action — Governor Signed

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 14, 2026. Enacted.

Signed by Governor Jared Polis (Democratic) on May 28, 2026.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 58 sponsors

    4 primary, 54 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (17 D · 8 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 27 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

In plain language

The bill adjusts school funding and establishes new rules for calculating pupil counts and program funding.

This legislation increases per pupil funding for schools in the 2026-27 budget year and outlines how pupil counts will be calculated. It also modifies funding allocations and administrative rules for school districts and charter schools.

What this means for you
  • Workers: School employees might gain better funding for salaries without affecting retirement benefits under certain conditions.
  • Families: Families with children in schools may see changes in school funding which can affect educational resources and opportunities.

Summary

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.)

Bill Text

What changed in the latest version

1489 added · 1559 removed

Plain-language change summary

The latest version of SB 23 includes new information indicating that it is ready for the signatures of legislative officers and the Governor, highlighting an important step in the legislative process. Additionally, specific sections related to public school financing have been amended, which likely reflects updates in funding rules that could affect how schools receive financial support. These changes matter because they ensure that schools have updated guidelines and resources to operate effectively, which directly impacts education quality for students.

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Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO.
NOTE:
26-0004.02 Jacob Baus x2173 SENATE BILL 26-023 SENATE SPONSORSHIP KolkerandKirkmeyer, Amabile,Ball,Bridges,Bright,Carson,Catlin,Coleman,Cutter, Daugherty, Exum, Frizell, Gonzales J., Jodeh, Kipp, Liston, Marchman, Mullica, Pelton R., Roberts, Simpson, Snyder, Wallace, Weissman HOUSE SPONSORSHIP Sirota and Lukens, Bacon, Boesenecker, Brown, Camacho, Clifford, Duran, English, Froelich, Garcia, Gilchrist, Goldstein, Gonzalez R., Hamrick, Jackson, Lindsay, Marshall, Mauro, McCluskie, McCormick, Nguyen, Paschal, Phillips, Ricks, Rutinel, Rydin, Smith, Stewart K., Stewart R., Story, Taggart, Zokaie n d 6 e 2 S R 2 U 3 2 H d y d a Senate Committees House Committees e M Education Education m Appropriations Appropriations A i 6 A BILL FOR AN ACT a 0 S e , C ONCERNING THE FINANCING OF PUBLIC SCHOOLS , AND , IN U d 1 H 2 y CONNECTION THEREWITH , MAKING AND REDUCING AN d M d APPROPRIATION .
This bill has been prepared for the signatures of the appropriate legislative officers and the Governor.
e m A Bill Summary d (Note:
To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.
This summary applies to this bill as introduced and does d e 6 notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill E a 0 passes third reading in the house of introduction, a bill summary that T U , N g 2 applies to the reengrossed version of this bill will be available at S d r http://leg.colorado.gov.) e A d The bill:
SENATE BILL 26-023 BY SENATOR(S) Kolker and Kirkmeyer, Amabile, Ball, Bridges, Bright, Carson,Catlin,Cutter,Daugherty,Exum,Frizell,GonzalesJ.,Jodeh,Kipp, Liston,Marchman,Mullica,PeltonR.,Roberts,Simpson,Snyder,Wallace, Weissman, Coleman;
! Increases the statewide base per pupil funding for the 2026-27 budget year by $217.30 to account for inflation;
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.
g ! Setsanewstatewidebaseperpupilfundingamountforthe i 6 E a 0 2026-27 budget year at $8,909.10;
CONCERNING THE FINANCING OF PUBLIC SCHOOLS ,AND ,IN CONNECTION THEREWITH ,MAKING AND REDUCING AN APPROPRIATION .
and T R , N d 2 E 2 r Shading denotes HOUSE amendment.
Double underlining denotes SENATE amendment.
S e Ap Capital letters or bold & italic numbers indicate new material to be added to existing law.d Dashes through the words or numbers indicate deletions from existing law.
e A ! Setsthetotalprogramfundingforthe2026-27budgetyear at $10,209,589,888.
SECTION1.
SECTION 1.
InColoradoRevisedStatutes,22-54-103.5, repeal (4)(c);
In Colorado Revised Statutes, 22-54-103.5, repeal (4)(c);
________ Capital letters or bold & italic numbers indicate new material added to existing law;
dashes through words or numbers indicate deletions from existing law and such material is not part of the act.
(b)(I) FRTHE 2026-27 BUDGET YEAR ,THE STATEWIDE BASE PER PUPIL FUNDING IS EIGHT THOUSAND NINE HUNDRED DOLLARS AND FORTY CENTS ($8,900.40)WHICHISANAMOUNTEQUALTOEIGHTTHOUSANDSIX 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 .
(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) TISSUBSECTION (3)(b)ISREPEALED EFFECTIVE JULY 1,2032.
(II) THIS SUBSECTION (3)(b)IS REPEALED ,EFFECTIVE ULY 1,2032.
(a)(VII) THISSUBSECTION (4)(a)ISREPEALED ,EFFECTIVEJULY 1, 2026.
(a) (VII) THIS SUBSECTION (4)(a)IS REPEALED ,EFFECTIVE JULY 1, 2026.
(c) Notwithstanding subsections (4)(a) and (4)(b) of this section, if, for the 2026-27 budget year, each district's total program is not determined pursuant to section 22-54-103.3 (3)(b), then funded pupil count is determined pursuant to subsection (4)(a) of this section for the 2026-27 budget year and each budget year thereafter.
(c) Notwithstanding subsections (4)(a)and(4)(b)of thissection,if, for the 2026-27 budget year, each district's total programis not determined pursuant to section 22-54-103.3 (3)(b), then funded pupil count is determined pursuant to subsection (4)(a) of this section for the 2026-27 budget year and each budget year thereafter.
(d) (VI) HIS SUBSECTION (4)(d)ISREPEALED ,EFFECTIVEJULY 1, 2026.
(d) (VI) T HIS SUBSECTION (4)(d)IS REPEALED ,EFFECTIVE JULY 1, 2026.
(d.5)(I) OTWITHSTANDINGSUBSECTION (4)(b)OFTHISSECTION , -2- 023 FOR A BUDGET YEAR WHEN TOTAL PROGRAM IS THE GREATER OF THE DISTRICTS 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 CALCULATEDPURSUANT TOSECTION 22-54-104PLUSANAMOUNT EQUAL TO AT LEAST FORTY-FIVE PERCENT OF THE DIFFERENCE BETWEEN THE DISTRICTS TOTAL PROGRAM CALCULATION PURSUANT TO SECTION 22-54-103.5 AND THE DISTRICT S TOTAL PROGRAM CALCULATION PURSUANT TO SECTION 22-54-104,AND FOR EACH BUDGET YEAR THEREAFTER , THE DISTRIC'S ONLINE PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR PLUS THE DISTRICT 'S SUPPLEMENTAL KINDERGARTEN ENROLLMENT FOR THE APPLICABLE BUDGET YEAR PLUS THE DISTRICTS EXTENDED HIGH SCHOOL PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR PLUS THE GREATER O:
(d.5) (I) NOTWITHSTANDING SUBSECTION (4)(b)OF THIS SECTION, FOR A BUDGET YEAR WHEN TOTAL PROGRAM IS THE GREATER OF THE DISTRICTSTOTALPROGRAMCALCULATIONPURSUANTTOSECTION 22-54-104 PLUS ONE PERCENT OF THE DISTRICT S TOTAL PROGRAM CALCULATION PURSUANTTOSECTION 22-54-104 ORTHEAMOUNTCALCULATEDPURSUANT 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 TOTALPROGRAMCALCULATIONPURSUANTTOSECTION 22-54-104,ANDFOR EACH BUDGET YEAR THEREAFTER , THE DISTRICTS ONLINE PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR PLUS THE DISTRICT S SUPPLEMENTALKINDERGARTENENROLLMENTFORTHEAPPLICABLEBUDGET YEARPLUSTHEDISTRICT 'SEXTENDEDHIGHSCHOOLPUPILENROLLMENTFOR THE APPLICABLE BUDGET YEAR PLUS THE GREATER OF :
(A) T HE DISTRIC'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR ;
PAGE 2-SENATE BILL 26-023 (A) THE DISTRICT S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR ;
(B) ANAMOUNTEQUALTOFIFTYPERCENTOFTHEDISTRICT SPUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR PLUS AN AMOUNT EQUALTOTHIRTYPERCENTOFTHEDISTRICT SPUPILENROLLMENTFORTHE IMMEDIATELY PRECEDING BUDGET YEAR PLUS AN AMOUNT EQUAL TO TWENTYPERCENTOFTHEDISTRICT SPUPILENROLLMENTFORTHEBUDGET YEAR THAT IS TWO YEARS IMMEDIATELY PRECEDING THE APPLICABLE BUDGET YEAR ;OR (C) A N AMOUNT EQUAL TO NINETY SEVEN PERCENT OF THE DISTRICTSPUPILENROLLMENTFORTHEIMMEDIATELYPRECEDINGBUDGET YEAR .
(B) A N 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 DISTRICTS PUPIL ENROLLMENT FOR THE IMMEDIATELY PRECEDING BUDGET YEAR .
(II) NOTWITHSTANDING ANY PROVISION OF LAW TO THE -3- 023 CONTRARY ,FOR PURPOSES OF THIS SUBSECTION (4)(d.5)A DISTRIC'S FUNDED PUPIL COUNT INCLUDES THE CERTIFIED PUPIL ENROLLMENT AND ONLINE PUPIL ENROLLMENT OF EACH OPERATING INSTITUTE CHARTER SCHOOL ,AS PROVIDED IN SUBSECTIONS (4)(d.5)(IAND (4)(d.5)(IVOF THIS SECTION,FOR WHICH THE DISTRICT IS THE ACCOUNTING DISTRICT.
(II) NOTWITHSTANDINGANYPROVISIONOFLAWTOTHECONTRARY , 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 OPERATING INSTITUTE CHARTER SCHOOL , AS PROVIDED IN SUBSECTIONS (4)(d.5)(IIAND (4)(d.5)(IVOFTHIS 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 TOTAL PROGRAM PURSUANT TO THIS SECTION .
T HE DEPARTMENT OF EDUCATION SHALL ADD THE INSTITUTE CHARTER SCHOOL 'SCERTIFIEDPUPILENROLLMENTANDONLINEPUPILENROLLMENT TO THE FUNDED PUPIL COUNT OF THE DISTRICT PRIOR TO CALCULATING THE DISTRICTS TOTAL PROGRAM PURSUANT TO THIS SECTION .
(III) FRPURPOSESOFSUBSECTION (4)(b)(IOFTHISSECTION ,EACH OPERATINGINSTITUTECHARTERSCHOOL SCERTIFIEDPUPILENROLLMENTIS THE GREATER OF :
(III) FOR PURPOSES OF SUBSECTION (4)(b)(IIOF THIS SECTIO, EACH OPERATING INSTITUTE CHARTER SCHOOL S CERTIFIED PUPIL ENROLLMENT IS THE GREATER OF :
(A) THE OPERATING INSTITUTE CHARTER SCHOOL S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR ;OR (B) A N 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 OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR THE IMMEDIATELY PRECEDING BUDGET YEAR PLUS AN AMOUNT EQUAL TO TWENTY PERCENT OF THE OPERATING 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 OPERATING INSTITUTE CHARTER SCHOOL S PUPIL ENROLLMENT FOR THE IMMEDIATELY PRECEDING BUDGET YEAR .
(A) T HE OPERATING INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR ;OR (B) A N 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 OPERATING INSTITUTE CHARTER SCHOOL S PUPIL ENROLLMENT FOR THE IMMEDIATELY PRECEDING BUDGET YEAR PLUS AN AMOUNT EQUAL TO TWENTYPERCENTOFTHEOPERATINGINSTITUTECHARTERSCHOOL 'SPUPIL ENROLLMENT FOR THE BUDGET YEAR THAT IS TWO YEARS IMMEDIATELY PRECEDING THE APPLICABLE BUDGET YEAR ;OR (C) A N AMOUNT EQUAL TO NINETY -SEVEN PERCENT OF THE OPERATING INSTITUTE CHARTER SCHOOL S PUPIL ENROLLMENT FOR THE IMMEDIATELY PRECEDING BUDGET YEAR .
(IV) NOTWITHSTANDINGANYPROVISIONOFLAWTOTHECONTRARY , FORPURPOSESOFSUBSECTION (4)(d.5)(IIOFTHISSECTION ,ANOPERATING INSTITUTE CHARTER SCHOOL S CERTIFIED PUPILENROLLMENT INCLUDESITS ONLINE PUPIL ENROLLMENT , EXCEPT FOR MULTI-DISTRICT ONLINE SCHOOL PUPIL ENROLLMENT .
(IV) N OTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY ,FOR PURPOSES OF SUBSECTION(4)(d.5)(IIOFTHIS SECTION, -4- 023 AN OPERATING INSTITUTE CHARTER SCHOOL S CERTIFIED PUPIL ENROLLMENT INCLUDES ITS ONLINE PUPIL ENROLLMENT ,EXCEPT FOR MULTI DISTRICT ONLINE SCHOOL PUPIL ENROLLMEN.
(V) T HE GENERAL ASSEMBLY FINDS AND DECLARES THAT FOR THE PURPOSES OF SECTION 17 OF ARTICLE IX OF THE STATE CONSTITUTION , AVERAGING ,OR SMOOTHING ,A DISTRICTS PUPIL ENROLLMENT FOR THE APPLICABLEBUDGETYEARANDTHEDISTRICT 'SPUPILENROLLMENTFORTHE TWO IMMEDIATELY PRECEDING BUDGET YEARS PURSUANT TO THIS SUBSECTION (4)(d.5)AND AVERAGING AN OPERATING INSTITUTE CHARTER SCHOOL S STUDENT ENROLLMENT AND ONLINE PUPIL ENROLLMENT PURSUANT TOTHISSUBSECTION (4)(d.5)ISAPROGRAM FORACCOUNTABLE EDUCATION REFORM AND MAY THEREFORE RECEIVE FUNDING FROM THE STATE EDUCATION FUND CREATED IN SECTION 17(4)OF ARTICLE IXOF THE STATE CONSTITUTION .
(V) THEGENERALASSEMBLYFINDSANDDECLARESTHATFORTHE PURPOSES OF SECTION 17OF ARTICLE IX OF THE STATE CONSTITUTIO, AVERAGING ,OR SMOOTHING ,A DISTRICTS PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR AND THE DISTRICTS PUPIL ENROLLMENT FOR THE TWO IMMEDIATELY PRECEDING BUDGET YEARS PURSUANT TO THIS SUBSECTION (4)(d.5ANDAVERAGINGANOPERATINGINSTITUTECHARTER SCHOOL S STUDENT ENROLLMENT AND ONLINE PUPIL ENROLLMENT PURSUANT TO THIS SUBSECTION (4)(d.5)IS A PROGRAM FOR ACCOUNTABLE EDUCATION REFORM AND MAY THEREFORE RECEIVE FUNDING FROM THE STATE EDUCATION FUND CREATED IN SECTION17(4) OF ARTICLEIX OF THE STATE CONSTITUTIO.
(VI) (A) N OTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY ,FOR THE PURPOSES OF THIS SUBSECTION(4)(d.5)A DISTRICTS 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 ,ONORAFTER JULY 1,2010,TOANINSTITUTECHARTERSCHOOL OR TO A CHARTER SCHOOL OF A DISTRICT CONTIGUOUS TO THE ORIGINAL AUTHORIZING DISTRICT .
(VI) (A) N OTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY ,FORTHEPURPOSESOFTHISSUBSECTION (4)(d.5ADISTRICT S PUPILENROLLMENTFORTHEAPPLICABLEBUDGETYEARANDADISTRICT 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 DISTRIC.
(B) NOTWITHSTANDINGANYPROVISIONOFTHISSUBSECTION (4)(d.5) TO THE CONTRARY ,FOR THE PURPOSES OF THIS SUBSECTION (4)(d.5)IF A DISTRICTS FUNDED PUPIL COUNT CALCULATED PURSUANT TO THIS SUBSECTION (4)(d.5)FORABUDGET YEARISFEWERTHANSIXTYSTUDENTS , THE DISTRICT'S FUNDED PUPIL COUNT FOR THE BUDGET YEAR IS SIXTY STUDENTS .
(B) N OTWITHSTANDING ANY PROVISION OF THIS SUBSECTION (4)(d.5)TO THE CONTRARY , FOR THE PURPOSES OF THIS SUBSECTION (4)(d.5)IFADISTRIC'SFUNDEDPUPILCOUNTCALCULATEDPURSUANTTO THIS SUBSECTION (4)(d.5FOR A BUDGET YEAR IS FEWER THAN SIXTY -5- 023 STUDENTS ,THE DISTRIC'S FUNDED PUPIL COUNT FOR THE BUDGET YEAR IS SIXTY STUDENT.
PAGE 4-SENATE BILL 26-023 (14) Total program funding.
(14) Total program funding.
(b) (I) F OR THE 2026-27 BUDGET YEAR ,THE DEPARTMENT OF EDUCATION AND THE STAFF OF THE LEGISLATIVE COUNCIL SHALL DETERMINE ,BASEDONBUDGETPROJECTIONS ,THEAMOUNTTOENSURETHAT FORTHE 2026-27 BUDGETYEAR ,THESUMOFTOTALPROGRAMFUNDINGFOR 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);EXCEPTTHATTHEDEPARTMENTOFEDUCATIONANDTHE 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 .
(b) (I) FR 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 2026-27BUDGET 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 FIFTYSIX THOUSAND EIGHT HUNDRED SEVENTY ONE DOLLARS ($10,178,856,871)EXCEPT THAT THE DEPARTMENTOFEDUCATIONANDTHESTAFFOFTHELEGISLATIVECOUNCIL 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 MAINTAINTOTALPROGRAMFUNDINGFORTHEAPPLICABLEBUDGETYEAR .
(II) THISSUBSECTION (14)(b)ISREPEALED EFFECTIVE JULY 1,2032.
(II) THIS SUBSECTION(14)(b)IS REPEALED,EFFECTIVEJULY 1, 2032.
SECTION 2.
SECTION2.
In Colorado Revised Statutes, 22-54-103.5, amend (11)(c)(I), (11)(c)(II), and (11)(c)(IV) as follows:
InColoradoRevisedStatutes,22-54-103.5,amend (11)(c)(I), (11)(c)(II), and (11)(c)(IV) as follows:
(c) (I) For the 2025-26AND 2026-27 budget year YEARS, a district's cost of living factor is the district's cost of living amount identifiedinthe2023costoflivinganalysisadjustedforlaborpoolareas, -6- 023 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.
(c) (I) For the 2025-26ND 2026-27 budget yearYEARS , a district's cost of living factor is the district's cost of living amount identified in the 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 yYEAR , a district's cost of living factor is the district's cost of living amount identifiedinthe 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.
(II) Forthe2026-27and 2027-28budgetyears YEAR ,adistrict'scost 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 livingfactor for each district must be certified to thedepartmentofeducationbylegislativecouncilstaffforeachtwo-year period thereafter based upon a new cost of living anEGISLATIVE COUNCILSTAFFSHALLCOMPLETEITSCOSTOFLIVINGANALYSISNOLATER THAN ANUARY 1 OF THE APPLICABLE YEAR.
(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.
The certification must be made BY THE DEPARTMENT OF EDUCATION no later than April 15 JANUARY 31 of the applicable year and is effective for the budget year beginningonJuly1ofthatyearandthebudgetyearthereafter.FOREACH DISTRICT,THEDEPARTMENTOFEDUCATIONSHALLSENDTOEACHSCHOOL DISTRICTTHESCHOOLDISTRICT SCOSTOFLIVINGFACTORNOLATERTHAN FOURTEEN DAYS AFTER THE CERTIFICATION.
LATIVE COUNCIL STAFF SHALL COMPLETE ITS COST OF LIVING ANALYSIS NO LATER THAN JANUARY 1 OFTHEAPPLICABLEYEAR .Thecertificationmustbemade BY THE DEPARTMENT OF EDUCATION no later than April 1ANUARY 31 of the applicable year and is effective for the budget year beginning on July1 of that year and the budget year thereafter.
F EACH DISTRICT ,THE DEPARTMENT OF EDUCATION SHALL SEND TO EACH SCHOOL DISTRICT THE SCHOOLDISTRICT 'SCOSTOFLIVINGFACTORNOLATERTHANFOURTEENDAYS AFTER THE CERTIFICATION .
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(c) (II.7) (A) N OTWITHSTANDING ANY PROVISION OF THIS SUBSECTION (5)(cTO THE CONTRARY ,FOR THE 2025-26 AND 2026-27 BUDGET YEARS ,A DISTRICTS COST OF LIVING FACTOR IS THE DISTR'ST COST OF LIVING AMOUNT IDENTIFIED IN THE 2023 COST OF LIVING -7- 023 ANALYSIS ADJUSTED FOR LABOR POOL AREAS ,DIVIDED BY THE MINIMUM COST OFLIVINGAMOUNT FORADISTRICTIDENTIFIEDINTHE 2023COST OF LIVING ANALYSIS ADJUSTED FOR LABOR POOL AREAS,MINUS ONE .
(c) (II.7) (A) N OTWITHSTANDING ANY PROVISION OF THIS SUBSECTION (5)(c)TO THE CONTRARY ,FOR THE 2025-26 AND 2026-27 BUDGETYEARS ADISTRICT SCOSTOFLIVINGFACTORISTHEDISTRICT 'SCOST 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 .
(B) FORTHE 2027-28BUDGETYEAR ,ADISTRICT'SCOST OFLIVING FACTOR IS THE DISTRICTS 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 TH2025 COST OF LIVING ANALYSIS ADJUSTED FOR LABOR POOL AREAS ,MINUS ONE.
(B) F OR THE 2027-28 BUDGET YEAR ,A DISTRICTS COST OF LIVING FACTORIS THE DISTRICT'S COST OFLIVING AMOUNT IDENTIFIED IN THE2025 COST OF LIVING ANALYSIS ADJUSTED FOR LABOR POOL AREAS ,DIVIDED BY THE MINIMUM COST OF LIVING AMOUNT FOR A DISTRICT IDENTIFIED IN THE COST OF LIVING ANALYSIS ADJUSTED FOR LABOR POOL AREAS ,MINUS ONE .
(1) There is created in the department the school transformation grant program to provide funding to:
PAGE 6-SENATE BILL 26-023 (1) There is created in the department the school transformation grant program to provide funding to:
(c) F OR 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) FR 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);
(c.5) FRGRANTSISSUEDONORAFTER ULY 1,2026,ASSISTSCHOOL DISTRICTS,THEINSTITUTE ,ANDCHARTERSCHOOLSTHATAREIMPLEMENTING 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.
SECTION5.
In Colorado Revised Statutes, 22-13-105, amend -8- 023 (1) introductory portion and (6)(b);
InColoradoRevisedStatutes,22-13-105,amend (1) introductory portion and (6)(b);
(1) FOR GRANTS ISSUED ON OR BEFORE JUNE 30, 2026, the state board, subject to available appropriations, shall award school transformationgrantstooneormoreschooldistrictsorcharterschoolsor to the institute to use in:
(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) OR GRANTS ISSUED ON OR AFTER JULY 1,2026,THE STATE BOARD SUBJECTTOAVAILABLEAPPROPRIATIONS ,SHALLAWARDSCHOOL 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).
(1.5) FOR GRANTS ISSUED ON OR AFTER JULY 1, 2026,THE STATE BOARD ,SUBJECT TO AVAILABLE APPROPRIATIONS , SHALL AWARD SCHOOL TRANSFORMATIONGRANTSTOONEORMORESCHOOLDISTRICTSORCHARTER 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)1.5) of this section to multiple school districts or charter schools that are eligible for a school transformation grant.
(6) (b) Of the money annually appropriated for school transformation grants, the department may expend an amount that is necessaryto enter into one or more contracts with a public or private entity to provide the uses described in subsection (1) (1.5) of this section to multiple school districts or charter schools that are eligible for a school transformationgrant.Theentityshalluseresearch-basedstrategiesandhave a proven record of success working with schools under similar circumstances.
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.
SECTION6.
In Colorado Revised Statutes, 22-30.5-112, amend (2)(a)(III), (2)(a.4)(I), (2)(a.8)(I), (2)(a.8)(II), (2)(a.9), (3)(a)(II), and (3)(a)(III)(A);
InColoradoRevisedStatutes,22-30.5-112,amend (2)(a)(III)(A), (2)(a.4)(I), (2)(a.8)(I), (2)(a.8)(II), (2)(a.9), (3)(a)(II), and (3)(a)(III)(A);
repeal (2)(a)(II), (2)(a.3), (2)(a.5)(II), (2)(a.5)(II.5), (2)(c)(II),(3)(a)(I),and(11)(a);andadd(2)(c.3),(2)(c.5),(2)(c.7),and(12) as follows:
repeal (2)(a)(II), (2)(a)(III)(B), (2)(a.3), (2)(a.5)(II), (2)(a.5)(II.5), (2)(c)(II),(3)(a)(I),and(11)(a);andadd(2)(c.3),(2)(c.5), (2)(c.7), and (12) as follows:
Charter schools - financing - guidelines - definitions - repeal.
Charterschools-financing-guidelines-definitions - repeal.
-9- 023 (2) (a) (II) For 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 pupil revenues.
(2)(a)(II) Forthe1999-2000budgetyear,thecharterschoolandthe school district shall begin discussions on the contract using eighty percent of the district per pupil revenues.
(III)(A) Forthe2000-01budgetyearthroughthe2025-26budget year, except as otherwise provided in subsection (2)(a.3) of this section, each charter school and the chartering school district shall negotiate funding under the contract.
(III) (A) For the 2000-01 budget year through the 2025-26 budget year, except as otherwise provided in subsection (2)(a.3) of this section, eachcharterschoolandthecharteringschooldistrictshallnegotiatefunding underthe contract.
The charterschool must receive one hundred percent of the district per pupil revenues for each pupil enrolled in the charter school who is not an online pupil and one hundred percent of the district per pupil online funding for each online pupil enrolled in the charter school;
The charter school must receiveonehundredpercentof the district per pupil revenues for each pupil enrolled in the charter school who is not an online pupil and one hundred percent of the district per pupil online funding for each online pupil 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 centraladministrativeoverheadcostsforservicesactuallyprovidedtothe 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.
except that The chartering school district may choose to retain the actual amount ofthecharterschool'sperpupilshareofthecentraladministrativeoverhead costs for services actuallyprovided to thecharterschool, up to five percent of the district per pupil revenues for each pupil who is not an online pupil enrolledinthecharterschool,anduptofivepercentofthedistrictperpupil online funding for each online pupil enrolled in the charter school.
(a.3) If the authorizing school district enrolls five hundred or fewer students, the charter school shall receive funding in the amount of thegreaterof onehundredpercentofthedistrictperpupilonlinefunding for each online pupil enrolled in the charter school plus one hundred -10- 023 percent of the district per pupil revenues for each pupil who is not an onlinepupilenrolledinthecharterschool,minustheactualamountofthe charter school's per pupil share of the central administrative overhead costs incurred by the school district, based on audited figures, or eighty-five percent of the district per pupil revenues for each pupil enrolled in the charter school who is not an online pupil plus eighty-five percent of the district per pupil online funding for each online pupil enrolled in the charter school.
(a.3) If the authorizing school district enrolls five hundred or fewer students, the charter school shall receive funding in the amount of the greater of one hundred percent of the district per pupil online funding for eachonlinepupilenrolledinthecharterschoolplusonehundredpercentof the district per pupil revenues for each pupil who is not an online pupil enrolled in the charter school, minus the actual amount of the charter PAGE 8-SENATE BILL 26-023 school's per pupil share of the central administrative overhead costs incurred by the school district, based on audited figures, or eighty-five percent of the district per pupil revenues for each pupil enrolled in the charter school who is not an online pupil plus eighty-five percent of the districtperpupilonlinefundingforeachonlinepupilenrolledinthecharter school.
(a.4) (I) Within ninetydays after the end of each fiscal year, each school district shall provide to each charter school within its district an itemizedaccountingofallitscentraladministrativeoverheadcosts.Ifthe 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.
(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,mustincludealistofthepersonnelpositionsandservicesprovided by persons in each position.
Any difference, within the limitations of subparagraph (III) of paragraph (a) of this subsection (2) and paragraph (a.3) of this subsection (2) SUBSECTION (2)(aOFTHISSECTION ,betweentheamountinitiallycharged to the charter school and the actual cost must be reconciled and paid to the owed party.
Any difference, within the limitations of subparagraph (III) of paragraph (a) of this subsection (2) and paragraph (a.3) of this subsection (2) SUBSECTION (2)(a) OF THIS SECTION ,betweentheamountinitiallychargedtothecharterschoolandthe actual cost must be reconciled and paid to the owed party.
(II) "Districtperpupilrevenues"meansthedistrict'stotalprogram as defined in section 22-54-103 (6) for any budget year divided by the district's funded pupil count as determined by section 22-54-104 for the applicable budget year.
(II) "District per pupil revenues" means the district's total program as defined in section 22-54-103 (6) for any budget year divided by the district's funded pupil count as determined by section 22-54-104 for the applicable budget year.
(II.5) "District per pupil online funding" means a school district's -11- 023 online funding, as determined byarticle 54 of this title 22, divided bythe district's online pupil enrollment for any budget year.
(II.5) "District per pupil online funding" means a school district's online funding, as determined by article 54 of this title 22, divided by the district's online pupil enrollment for any budget year.
(a.8) (I) Forthe 2000-01 budget year through 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.
(a.8) (I) For the 2000-01 budget year through 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 educationalservices,multipliedbythenumberofstudentsenrolledinthe charter school.
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 charterschool.Ateitherparty'srequest,however,thecharterschoolandthe 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.
At either party's request, however, the charter school and the school district may negotiate and include in the charter contract alternate 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)(IOFTHISSECTION tothecontrary,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 saidTHE services.
(II) Notwithstanding any provision of subparagraph (I) of this paragraph (a.8)SUBSECTION (2)(a.8)(IOF THIS SECTIONto the contrary, theschooldistrictshallcalculatetheperpupilcostof providingfederally required educational services after subtracting the amount received in federal and state moneyMONEY for providing saiTHE services.
(a.9) Forthe2002-03budgetyearthroughthe2025-26budgetyear, 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 bya 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.
(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 bythe 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 funding received by a charter school pursuant to this subsection (2) shall not be less than one hundred percent of the chartering school district's district per pupil revenues, minus up to five percent as provided in subsection (2)(a)(III) of this section multiplied by the number of pupils enrolled in the charter school or as otherwise provided in subsection (2)(a.3) of this section for any charter school chartered by a school district that enrolls five hundred or fewer students.
(c) (II) For the 2000-01 budget year through the 2025-26 budget -12- 023 year, the amount of funding received bya charter school pursuant to this subsection(2)shallnotbelessthanonehundredpercentofthechartering school district's district per pupil revenues, minus up to five percent as providedinsubsection(2)(a)(III)ofthissectionmultipliedbythenumber of pupils enrolled in the charter school or as otherwise provided in subsection (2)(a.3) of this section for 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 :
(c.3) ORPURPOSESOFSUBSECTIONS (2)(c.5AND (2)(c.7OFTHIS SECTION ,UNLESS THE CONTEXT OTHERWISE REQUIRES :
(I) "C HARTER 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).
(I) "HARTER SCHOOL S ATRISK PUPILS"MEANS THE NUMBER OF PUPILS ENROLLED IN THE CHARTER SCHOOL WHO ARE AT -RISK PUPIL,AS DEFINED IN SECTION 22-54-103 (1.5).
(II) "C HARTER SCHOOL 'S E NGLISH LANGUAGE LEARNER PUPILS " MEANSTHENUMBEROFPUPILSENROLLEDINTHECHARTERSCHOOLWHOARE E NGLISH LANGUAGE LEARNER PUPILS , AS DEFINED IN SECTION 22-54-103 (6.5).
(II) "HARTER 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-SENATE BILL 26-023 THE NUMBER OF AT -RISK PUPILS ENROLLED IN THE CHARTER SCHOOL , DIVIDED BY THE CHARTER SCHOOL S PUPIL ENROLLMENT .
(III) HARTERSCHOOL 'SPERCENTAGEOFAT -RISKPUPILS"MEANS THE NUMBER OF AT -RISK PUPILS ENROLLED IN THE CHARTER SCHOOL , DIVIDED BY THE CHARTER SCHOOL S PUPIL ENROLLMENT.
(IV) "CHARTERSCHOOL 'SPUPILENROLLMENT "MEANSTHENUMBER OF PUPILS ENROLLED IN THE CHARTER SCHOOL WHO ARE PART OF PUPIL ENROLLMENT ,AS DEFINED IN SECTION22-54-103 (10).
(IV) "CHARTER SCHOOL 'S PUPIL ENROLLMENT " MEANS THE NUMBEROFPUPILSENROLLEDINTHECHARTERSCHOOLWHOAREPARTOF PUPIL ENROLLMENT ,AS DEFINED IN SECTIO22-54-103 (10).
(V) "C HARTER SCHOOL S SPECIAL EDUCATION PUPIL ENROLLMENT " MEANSTHENUMBEROFPUPILSENROLLEDINTHECHARTERSCHOOLWHOARE SPECIAL EDUCATION PUPILS,AS DEFINED IN SECTION22-54-103 (10.8).
(V) "CHARTERSCHOOL SSPECIALEDUCATIONPUPILENROLLMENT " MEANS THE NUMBER OF PUPILS ENROLLED IN THE CHARTER SCHOOL WHO ARESPECIALEDUCATIONPUPILS ,ASDEFINEDINSECTION 22-54-103(10.8).
(c.5)(I) FRTHE 2026-27 BUDGETYEAR ,ASCHOOLDISTRICTSHALL DETERMINEEACHOFITSCHARTERSCHOOLS PHASE -INAMOUNTSOFDISTRICT TOTALPROGRAM .EACHCHARTERSCHOOL 'SPHASE INAMOUNTOFDISTRICT TOTAL PROGRAM IS THE AMOUNT CALCULATED BY THE SCHOOL DISTRICT USINGTHECALCULATIONDESCRIBEDINSECTION 22-54-103.3(3)(b)EXCEPT THAT ,WHEN MAKING THE CALCULATIONS ,THE SCHOOL DISTRICT SHALL:
(c.5) (I) OR THE 2026-27 BUDGET YEAR ,A SCHOOL DISTRICT SHALLDETERMINEEACHOFITSCHARTERSCHOOLS 'PHASE INAMOUNTSOF -13- 023 DISTRICT TOTAL PROGRAM.E ACH CHARTER SCHOOL S PHASEIN AMOUNT OF DISTRICT TOTAL PROGRAM IS THE AMOUNT CALCULATED BY THE SCHOOL DISTRICT USING THE CALCULATION DESCRIBED IN SECTION 22-54-103.3(3)(b)EXCEPTTHAT WHENMAKINGTHECALCULATIONS ,THE SCHOOL DISTRICT SHALL:
(A) U SE 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);
(A) U SE THE CHARTER SCHOOL S PUPIL ENROLLMENT FOR THE 2026-27 BUDGETYEARINSTEADOFFUNDEDPUPILCOUNTASDETERMINED PURSUANT TO SECTIONS 22-54-103.5 (AND 22-54-104 (7);
(B) U SE THE CHARTER SCHOOL 'S ATRISK 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 2026-27BUDGET YEAR INSTEAD OF DISTRICT AT-RISK PUPIL ENROLLMENT AS USED IN THE FORMULA IN SECTION 22-54-103.5 (6)(bIF:
(B) USE THE CHARTERSCHOOL 'SAT-RISKPUPILENROLLMENT FOR THE 2026-27 BUDGET YEAR INSTEAD OF DISTRICT AT -RISK PUPIL ENROLLMENT AND USE THE CHARTER SCHOOL 'S PERCENTAGE OF A-RISK PUPILS INSTEAD OF DISTRICT PERCENTAGE OF A-RISK PUPILS AS USED PURSUANT TO SECTIONS 22-54-103.5 (6)(AND 22-54-104 (4EXCEPT THAT THE SCHOOL DISTRICT SHALL USE THE CHARTER SCHOO'S A-RISK PUPILENROLLMENTFORTHE 2026-27BUDGETYEARINSTEADOFDISTRICT AT-RISK PUPIL ENROLLMENT AS USED IN THE FORMULA IN SECTION 22-54-103.5(6)(bIF:THE DISTRIC'SFUNDEDPUPILCOUNTISLESSTHAN SEVEN THOUSAND ,THE DISTRICT PERCENTAGE OF AT -RISK PUPILS IS SEVENTY PERCENT OR GREATER , AND THE CHARTER SCHOOL S AT-RISK PUPILENROLLMENTFORTHE 2026-27BUDGETYEARISSEVENTYPERCENT OR GREATER ;
HE DISTRICTS FUNDED PUPIL COUNT IS LESS THAN SEVENTHOUSAND ,THEDISTRICTPERCENTAGEOFAT -RISKPUPILSISSEVENTY PERCENT OR GREATER , AND THE CHARTER SCHOOL S AT -RISK PUPIL ENROLLMENT FOR THE 2026-27 BUDGET YEAR IS SEVENTY PERCENT OR GREATER ;
(C) U SE THE CHARTER SCHOOL'SENGLISH LANGUAGE LEARNER PUPILENROLLMENTFORTHE 2026-27BUDGETYEARINSTEADOFDISTRICT E NGLISH LANGUAGE LEARNER PUPIL ENROLLMENT AS USED FUNDING PURSUANT TO SECTIONS 22-54-103.5 (AND 22-54-104 (4.3AND (D) U SE THE CHARTER SCHOOL 'S SPECIAL EDUCATION PUPIL ENROLLMENT FOR THE 2026-27 BUDGET YEAR INSTEAD OF DISTRICT -14- 023 SPECIAL EDUCATION PUPIL ENROLLMENT AS USED PURSUANT TO SECTION 22-54-103.5 (10).
(C) USETHECHARTERSCHOOL SE NGLISHLANGUAGELEARNERPUPIL ENROLLMENTFORTHE 2026-27 BUDGETYEARINSTEADOFDISTRICT E NGLISH LANGUAGE LEARNER PUPIL ENROLLMENT AS USED FUNDING PURSUANT TO SECTIONS 22-54-103.5 (7AND 22-54-104 (4.3)AND PAGE 11-SENATE BILL 26-023 (D) USE THE CHARTER SCHOOL S SPECIAL EDUCATION PUPIL ENROLLMENTFORTHE 2026-27 BUDGETYEARINSTEADOFDISTRICTSPECIAL EDUCATIONPUPILENROLLMENTASUSEDPURSUANTTOSECTION 22-54-103.5 (10).
(II) (A) IN ADDITION TO THE DISTRIBUTION DESCRIBED IN SUBSECTION (2)(c.5)(IIOF THIS SECTION, A CHARTER SCHOOL IN A DISTRICTDESCRIBEDINSECTION 22-54-103.5(12)(cMUSTRECEIVEAPER PUPIL AMOUNT OF THE AMOUNT DESCRIBED IN SECTION 22-54-103.5 (12)(c)FOREACHSTUDENTINTHECHARTERSCHOOL SPUPILENROLLMENT FOR THE 2026-27 BUDGET YEAR .
(II) (A) I ADDITION TO THE DISTRIBUTION DESCRIBED IN SUBSECTION (2)(c.5)(IIOFTHISSECTION ,ACHARTERSCHOOLINADISTRICT 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)(cFOR EACH STUDENT IN THE CHARTER SCHOOL S PUPIL ENROLLMENT FOR THE 2026-27 BUDGET YEAR .
(B) INADDITIONTOTHEDISTRIBUTIONDESCRIBEDINSUBSECTION (2)(c.5)(IIIOF 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 .
(B) IN ADDITION TO THE DISTRIBUTION DESCRIBED IN SUBSECTION (2)(c.5)(IIOFTHISSECTION ,ACHARTERSCHOOLINADISTRICTDESCRIBED IN SECTION 22-54-104 (4.9MUST RECEIVE A PER PUPIL AMOUNT OF THE AMOUNT DESCRIBEDINSECTION 22-54-104(4.9)FOREACHSTUDENT INTHE CHARTER SCHOOL S PUPIL ENROLLMENT FOR THE 2026-27BUDGET YEAR .
(III) OR THE 2026-27 BUDGET YEAR ,A SCHOOL DISTRICT SHALL DISTRIBUTETOEACHOFITSCHARTERSCHOOLSANAMOUNTEQUALTOTHE GREATER OF :
(III) FR THE 2026-27 BUDGET YEAR ,A SCHOOL DISTRICT SHALL DISTRIBUTE TO EACH OF ITS CHARTER SCHOOLS AN AMOUNT EQUAL TO THE GREATER OF :
(A) T HEAMOUNTOFDISTRICTTOTALPROGRAMRECEIVEDBYTHE 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) THECHARTERSCHOOL SPHASE -INAMOUNTOFDISTRICTTOTAL PROGRAM FOR THE 2026-27 BUDGET YEAR DETERMINED PURSUANT TO SUBSECTION (2)(c.5)(OF THIS SECTIO.
(A) T HE 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)(IOF THIS SECTIO.
(IV) T HIS SUBSECTION(2)(c.5IS REPEALED,EFFECTIVE JULY 1, 2028.
(IV) T HIS SUBSECTION (2)(c.5)IS REPEALED,EFFECTIVE JULY 1, 2028.
(c.7) (I)OR EACH BUDGET YEAR BEGINNING WITH THE 2027-28 -15- 023 BUDGET YEAR THROUGH THE 2030-31BUDGET YEAR ,ASCHOOLDISTRICT SHALLDETERMINEEACHOFITSCHARTERSCHOOLS PHASE -INAMOUNTSOF DISTRICT TOTAL 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 (3)(cFOR THE APPLICABLE BUDGET YEAR ;EXCEPT THAT , WHEN MAKING THE CALCULATIONS ,THE SCHOOL DISTRICT SHAL:
(c.7) (I) FR 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 DISTRICTTOTALPROGRAM .EACHCHARTERSCHOOL SPHASE INAMOUNTOF 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)(cFORTHEAPPLICABLEBUDGETYEAR ;EXCEPTTHAT ,WHENMAKINGTHE CALCULATIONS ,THE SCHOOL DISTRICT SHALL :
(A) U SE THE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR INSTEAD OF FUNDED PUPIL COUNT AS DETERMINEDPURSUANTTOSECTIONS 22-54-103.5(4AND 22-54-104(7);
(A) U SE 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 (4AND 22-54-104 (7);
(B) USE THE CHARTERSCHOOL SAT-RISKPUPILENROLLMENTFOR 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 ATRISK PUPILS AS USED PURSUANT TO SECTIONS 22-54-103.5 (6)(aAND 22-54-104 (4)EXCEPT THAT THE SCHOOL DISTRICT SHALL USE THE CHARTER SCHOOLS 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)(bI:
(B) U SE THE CHARTER SCHOOL 'S ATRISK 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 ATRISKPUPILENROLLMENT ASUSEDINTHE FORMULAINSECTION 22-54-103.5 (6)(bIF:
THE DISTRIC'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 ;
HE DISTRICTS FUNDED PUPIL COUNT IS LESS THAN SEVENTHOUSAND ,THEDISTRICTPERCENTAGEOFAT -RISKPUPILSISSEVENTY PERCENT OR GREATER , AND THE CHARTER SCHOOL S AT -RISK PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR IS SEVENTY PERCENT OR GREATER ;
(C) U SE 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 (7AND 22-54-104 (4.3AND -16- 023 (D) U SE 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).
(C) USETHECHARTERSCHOOL SE NGLISHLANGUAGELEARNERPUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR INSTEAD OF DISTRICT ENGLISH LANGUAGE LEARNER PUPIL ENROLLMENT AS USED PURSUANT TO SECTIONS 22-54-103.5 (7AND 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,ASCHOOLDISTRICT SHALL DETERMINE EACH OF ITS CHARTER SCHOOLS ' OLD FORMULA AMOUNTS OF DISTRICT TOTAL PROGRAM .
(II) FREACHBUDGETYEARBEGINNINGWITHTHE 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 .
ACH CHARTER SCHOOL S OLD FORMULA AMOUNT OF DISTRICT TOTAL PROGRAM IS THE AMOUNT CALCULATED BY THE SCHOOL DISTRICT USING THE CALCULATION DESCRIBEDINSECTION 22-54-104FORTHEAPPLICABLEBUDGETYEARFOR EACH OF ITS CHARTER SCHOOLS ;
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:
EXCEPT THAT ,WHEN MAKING THE CALCULATIONS ,THE SCHOOL DISTRICT SHAL:
PAGE 13-SENATE BILL 26-023 (A) U SE 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);
(A) U SE 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);
(B) U SE THE CHARTER SCHOOL 'S A-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) USETHECHARTERSCHOOL 'SENGLISHLANGUAGELEARNERPUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR INSTEAD OF DISTRICT ENGLISH LANGUAGE LEARNER PUPIL ENROLLMENT AS USED PURSUANT TO SECTION 22-54-104 (4.3).
(B) USETHECHARTERSCHOOL SAT RISKPUPILENROLLMENT FOR THE APPLICABLE BUDGET YEAR INSTEAD OF DISTRICT AT -RISK PUPIL ENROLLMENT AS USED PURSUANT TO 22-54-104 (4)AND (C) U SE THE CHARTER SCHOOLS 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).
(III) (A) IN ADDITION TO THE DISTRIBUTION DESCRIBED IN SUBSECTION (2)(c.7)(IV)OF THIS SECTION, A CHARTER SCHOOL IN A DISTRICT DESCRIBED IN SECTION22-54-103.5 (12)(cMUST RECEIVE A PER PUPILAMOUNT OFTHEAMOUNTDESCRIBEDINSECTION 22-54-103.5(12)(c) FOREACHSTUDENT INTHE CHARTERSCHOOL S PUPILENROLLMENTFORTHE APPLICABLE BUDGET YEAR .
(III) (A) N ADDITION TO THE DISTRIBUTION DESCRIBED IN SUBSECTION (2)(c.7)(IVOF THIS SECTION,A CHARTER SCHOOL IN A DISTRICTDESCRIBEDINSECTION 22-54-103.5(12)(MUSTRECEIVEAPER PUPIL AMOUNT OF THE AMOUNT DESCRIBED IN SECTION 22-54-103.5 -17- 023 (12)(c)FOREACHSTUDENTINTHECHARTERSCHOOL 'SPUPILENROLLMENT FOR THE APPLICABLE BUDGET YEAR.
(B) IN ADDITION TO THE DISTRIBUTIONS DESCRIBED IN SUBSECTION (2)(c.7)(IVOFTHISSECTION ,ACHARTERSCHOOLINADISTRICTDESCRIBED IN SECTION 22-54-104 (4.9MUST RECEIVE A PER PUPIL AMOUNT OF THE AMOUNTDESCRIBEDINSECTION 22-54-104(4.9)FOREACHSTUDENTINTHE CHARTERSCHOOL 'SPUPILENROLLMENTFORTHEAPPLICABLEBUDGETYEAR .
(B) NADDITIONTOTHEDISTRIBUTIONSDESCRIBEDINSUBSECTION (2)(c.7)(IV)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 (4.9FOR EACH STUDENT IN THE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR .
(IV) FOREACHBUDGETYEARBEGINNINGWITHTHE 2027-28 BUDGET 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 :
(IV) F OR EACH BUDGET YEAR BEGINNING WITH THE 2027-28 BUDGET YEAR THROUGH THE 2030-31BUDGET YEAR ,ASCHOOLDISTRICT SHALLDISTRIBUTETOEACHOFITSCHARTERSCHOOLSANAMOUNTEQUAL TO THE GREATER OF:
(A) T HE CHARTER SCHOOL S PHASE-IN AMOUNT OF DISTRICT TOTAL PROGRAM FOR THE APPLICABLE BUDGET YEAR DETERMINED PURSUANT TO SUBSECTION (2)(c.7)(IOF THIS SECTIO;OR (B) T HE CHARTER SCHOOL S OLD FORMULA AMOUNT OF DISTRICT TOTAL PROGRAM FOR THE APPLICABLE BUDGET YEAR DETERMINED PURSUANTTOSUBSECTION (2)(c.7)(IOFTHISSECTION ,PLUSONEPERCENT OF THE CHARTER SCHOOL 'S OLD FORMULA AMOUNT OF DISTRICT TOTAL PROGRAM FOR THE APPLICABLE BUDGET YEAR .
(A) THECHARTERSCHOOL 'SPHASE-INAMOUNTOFDISTRICTTOTAL PROGRAMFORTHEAPPLICABLEBUDGETYEARDETERMINEDPURSUANTTO SUBSECTION (2)(c.7)(OF THIS SECTIO;
PAGE 14-SENATE BILL 26-023 (3) (a) (I) For the 1999-2000 budget year, notwithstanding subsection (2) of this section, the proportionate share of state and federal resourcesgeneratedbystudentswithdisabilitiesor staff servingthemshall be directed to charter schools enrolling such students by their school districts or administrative units.
OR (B) THE CHARTER SCHOOL 'S OLD FORMULA AMOUNT OF DISTRICT TOTAL PROGRAM FOR THE APPLICABLE BUDGET YEAR DETERMINED PURSUANT TO SUBSECTION (2)(c.7)(IIOF THIS SECTION, PLUS ONE PERCENT OFTHE CHARTER SCHOOL 'S OLD FORMULAAMOUNT OFDISTRICT TOTAL PROGRAM FOR THE APPLICABLE BUDGET YEAR .
(3) (a) (I) For the 1999-2000 budget year, notwithstanding subsection (2) of this section, the proportionate shareof state and federal resources generated by students with disabilities or staff serving them shallbedirectedtocharterschoolsenrollingsuchstudentsbytheirschool districts or administrative units.
-18- 023 (II) Forthe2000-01budgetyearthroughthe2025-26budgetyear, If the charter school and the school district have negotiated to allow the charterschooltoprovidefederallyrequirededucationalservicespursuant to subsection (2)(a.8) of this section, the proportionate share of state and federal resources generated by students receiving the federally required educationalservicesorstaffservingthemisdirectedbytheschooldistrict or administrative unit to the charter school enroTHEnstudents.
(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 suchE students.
(III)(A) Forthe2000-01budgetyearthroughthe2025-26budget 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;exceptfordistrictspecialeducationpupilfundingcalculatedpursuant to section 22-54-103.5 (10).
(III) (A) For the 2000-01 budget year through the 2025-26 budget year, The proportionate share of money generated under federal or state categoricalaidprograms,otherthanfederallyrequirededucationalservices, is directed to charter schools serving students eligible for such aid;
(11) (a) Notwithstanding any provision of this section to the contrary, a district charter school that converts from an institute charter school pursuant to section 22-30.5-504 (10) continues to receive, as calculated pursuant to section 22-30.5-513, the accounting district's adjusted per pupil revenues and at-risk supplemental aid as the funding applied to the converted school before the conversion;
except for district special education pupil funding calculated pursuant to section 22-54-103.5 (10).
except that this subsection (11) does not apply if the converted school is authorized bya small rural school district, as described in section 22-54-108 (3)(b)(IV).
(11) (a) Notwithstanding any provision of this section to the contrary, a district charter school that converts from an institute charter school pursuant to section 22-30.5-504 (10) continues to receive, as calculatedpursuanttosection22-30.5-513,theaccountingdistrict'sadjusted perpupilrevenuesandat-risksupplementalaidasthefundingappliedtothe converted school before the conversion;
(12) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT FOR PURPOSES OF SECTION17 OF ARTICLEIX OF THE STATE CONSTITUTION, PROVISIONS INTENDED TO HOLD DISTRICTS HARMLESS AS A RESULT OF CHANGINGTOTALPROGRAMDISTRIBUTIONFROMTHESCHOOLDISTRICTTO THE CHARTER SCHOOL PURSUANT TO SUBSECTIONS (2)(c.5AND (2)(c.7) OFTHISSECTIONAREAPROGRAMFORACCOUNTABLEEDUCATIONREFORM -19- 023 AND THEREFORE MAY RECEIVE FUNDING FROM THE STATE EDUCATION FUND CREATED IN SECTION 17 (4)OF ARTICLE IX OF THE STATE CONSTITUTION.
except that this subsection (11) does not applyif the converted school is authorized bya small rural school district, as described in section 22-54-108 (3)(b)(IV).
SECTION 7.
(12) T HE 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 CHARTERSCHOOLPURSUANT TOSUBSECTIONS (2)(c.5)AND (2)(c.7)OF THISSECTIONAREAPROGRAMFORACCOUNTABLEEDUCATIONREFORMAND THEREFORE MAY RECEIVE FUNDING FROM THE STATE EDUCATION FUND CREATED IN SECTION 17 (4)OF ARTICLE IX OF THE STATE CONSTITUTION .
PAGE 15-SENATE BILL 26-023 SECTION 7.
Charter school funding - greater than minimum.
Charterschoolfunding-greaterthanminimum.
Anauthorizingdistrictoraccountingdistrictmayprovidefunding 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.
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.
SECTION9.
SECTION 9.
InColoradoRevisedStatutes,22-30.5-504,amend (5)(a)(I)(B) as follows:
In Colorado Revised Statutes, 22-30.5-504, amend (5)(a)(I)(B) as follows:
(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 adequatenoticeandinapublichearingandafterreceivinginputfromany charter schools authorized by the local board of education, that the local boardcanshowarecentpattern of providingfairandequitabletreatment to its charter schools through the local board's demonstration of:
(5) (a) The state board shall grant to a local board of education exclusive authority to authorize charter schools within the geographic boundariesoftheschooldistrictifthestateboarddetermines,afteradequate notice and in a public hearing and after receiving input from any charter schools authorized bythe local board of education, that the local board can showarecentpatternofprovidingfairandequitabletreatmenttoitscharter schools through the local board's demonstration of:
(B) Compliance with sections SECTION 22-30.5-112 and 22-30.5-112.1, which permPERMITSa charter school to purchase, at its -20- 023 discretion, certain services or a combination of services;
(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;
In Colorado Revised Statutes, 22-30.5-513, amend (1)(j)(II), (2)(b), (4)(a)(I), (4)(a)(I.5) introductory portion, (5.5)(a),and(10)(a);repeal(4)(c)and(11);andadd(2)(f),(2)(g),(2)(h), and (12) as follows:
In Colorado Revised Statutes, 22-30.5-513, amend (1)(j)(II), (2)(b), (4)(a)(I), (4)(a)(I.5) introductory portion, (5.5)(a), and (10)(a);
repeal (4)(c) and (11);
and add (2)(f), (2)(g), (2)(h), and (12) as follows:
(1) As used in this section, unless the context otherwise requires:
PAGE 16-SENATE BILL 26-023 (1) As used in this section, unless the context otherwise requires:
(II) Forthe2008-09budgetyearthroughthe2025-26budgetyear, 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 22 by the institute charter school.
(II) For the 2008-09 budget year through the 2025-26 budget year, The number of pupils, on the pupil enrollment count day within the applicable budget year, enrolled in, attending, and activelyparticipating in amulti-districtonlineschool,asdefinedinsection22-30.7-102(6),created pursuant to article 30.7 of this titleE 22 bythe institute charter school.
(2) (b) For the 2004-05 budget year through the 2025-26 budget year,eachinstitutecharterschoolandtheinstituteshallnegotiatefunding under the charter contract at a minimum of ninety-five percent of the institutecharterschool'saccountingdistrict'sadjustedperpupilrevenues foreachpupilenrolledintheinstitutecharterschoolwhoisnot an online pupil and ninety-five percent of the institute charter school's accounting district's per pupil online funding for each online pupil enrolled in the institute charter school.
(2) (b) For the 2004-05 budget year through the 2025-26 budget year, each institute charter school and the institute shall negotiate funding under the charter contract at a minimum of ninety-five percent of the institutecharterschool'saccountingdistrict'sadjustedperpupilrevenuesfor eachpupilenrolledintheinstitutecharterschoolwhoisnotanonlinepupil andninety-fivepercentoftheinstitutecharterschool'saccountingdistrict's per pupil online funding for each online pupil enrolled in the institute charter school.
The institute may retain three percent of the accountingdistrict'sadjustedperpupilrevenuesforeachpupil,whoisnot 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.
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 accountingdistrict'sperpupilonlinefundingforeachonlinepupilenrolled in the institute charter school.
-21- 023 (f) F OR PURPOSES OF SUBSECTIONS (2)(g)AND (2)(h)OF THIS SECTION ,UNLESS THE CONTEXT OTHERWISE REQUIRES :
(f) F OR PURPOSES OF SUBSECTIONS (2)(g) AND (2)(h) OF THIS SECTION ,UNLESS THE CONTEXT OTHERWISE REQUIRES :
(I) "CHARTER SCHOOL 'S A-RISK PUPIL"MEANS THE NUMBER OF PUPILS ENROLLED IN THE CHARTER SCHOOL WHO ARE AT -RISK PUPIL,AS DEFINED IN SECTION22-54-103 (1.5).
(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 'SE NGLISH 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).
(II) "CHARTER SCHOOL S E NGLISH LANGUAGE LEARNER PUPILS " MEANSTHENUMBEROFPUPILSENROLLEDINTHECHARTERSCHOOLWHOARE E NGLISH LANGUAGE LEARNER PUPILS ,AS DEFINED IN SECTION 22-54-103 (6.5).
(III) "HARTERSCHOOL 'SPERCENTAGEOFAT -RISKPUPILS"MEANS THE NUMBER OF AT -RISK PUPILS ENROLLED IN THE CHARTER SCHOOL , DIVIDED BY THE CHARTER SCHOOL 'S PUPIL ENROLLMENT.
(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 NUMBEROFPUPILSENROLLEDINTHECHARTERSCHOOLWHOAREPARTOF PUPIL ENROLLMENT ,AS DEFINED IN SECTION22-54-103 (10).
(IV) "CHARTERSCHOOL 'SPUPILENROLLMENT "MEANSTHENUMBER PAGE 17-SENATE BILL 26-023 OF PUPILS ENROLLED IN THE CHARTER SCHOOL WHO ARE PART OF PUPIL ENROLLMENT ,AS DEFINED IN SECTION22-54-103 (10).
(V) "CHARTERSCHOOL SSPECIALEDUCATIONPUPILENROLLMENT " MEANS THE NUMBER OF PUPILS ENROLLED IN THE CHARTER SCHOOL WHO ARESPECIALEDUCATIONPUPILS ,ASDEFINEDINSECTION 22-54-103(10.8).
(V) "C HARTER SCHOOL S SPECIAL EDUCATION PUPIL ENROLLMENT " MEANSTHENUMBEROFPUPILSENROLLEDINTHECHARTERSCHOOLWHOARE SPECIAL EDUCATION PUPILS,AS DEFINED IN SECTION22-54-103 (10.8).
(g) (I) FOR THE 2026-27 BUDGET YEAR , THE INSTITUTE SHALL DETERMINEEACHOFITSCHARTERSCHOOLS 'PHASE-INAMOUNTSOFTOTAL PROGRAM .
(g) (I) FOR THE 2026-27 BUDGET YEAR ,THE INSTITUTE SHALL DETERMINE EACH OF ITS CHARTER SCHOOLS 'PHASE-IN AMOUNTS OF TOTAL PROGRAM .EACHCHARTERSCHOOL SPHASE -INAMOUNTOFTOTALPROGRAM 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 ;EXCEPTTHAT ,WHENMAKINGTHECALCULATIONS ,THEINSTITUTE SHALL :
EACH CHARTER SCHOOL 'S PHASE-IN AMOUNT OF TOTAL PROGRAM IS THE AMOUNT CALCULATED BY THE INSTITUTE USING THE CALCULATIONDESCRIBEDINSECTION 22-54-103.3(3)(bFOREACHOFITS CHARTERSCHOOLS ;EXCEPTTHAT WHENMAKINGTHECALCULATIONS THE INSTITUTE SHALL:
(A) U SE 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);
(A) U SE THE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR THE 2026-27 BUDGETYEARINSTEADOFFUNDEDPUPILCOUNTASDETERMINED -22- 023 PURSUANT TO SECTIONS 22-54-103.5 (4AND 22-54-104 (7);
(B) U SE THE CHARTER SCHOOL 'S A-RISK PUPIL ENROLLMENT FOR THE 2026-27 BUDGET YEAR INSTEAD OF THE ACCOUNTING DISTRICT 'S AT-RISKPUPILENROLLMENTANDUSE THE CHARTERSCHOOL SPERCENTAGE OFAT -RISKPUPILSINSTEADOFTHEACCOUNTINGDISTRICT 'SPERCENTAGEOF AT-RISK PUPILS AS USED PURSUANT TO SECTIONS 22-54-103.5 (6)(aAND 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 ATRISK PUPIL ENROLLMENT AS USED IN THE FORMULA IN SECTION 22-54-103.5 (6)(b)I:
(B) USE THE CHARTERSCHOOL SAT-RISKPUPILENROLLMENTFOR THE 2026-27 BUDGET YEAR INSTEAD OF THE ACCOUNTING DISTRICT 'S AT RISK PUPIL ENROLLMENT AND USE THE CHARTER SCHOOL 'S PERCENTAGEOFAT -RISKPUPILSINSTEADOFTHEACCOUNTINGDISTRICT '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 ATRISK PUPIL ENROLLMENT FOR THE 2026-27 BUDGETYEARINSTEADOFACCOUNTINGDISTRICT 'SAT-RISKPUPIL ENROLLMENTASUSEDINTHEFORMULAINSECTION 22-54-103.5(6)(bIF:
THE ACCOUNTING DISTRICTS 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 ;
T HE ACCOUNTING DISTRICTS FUNDED PUPIL COUNT IS LESS THAN SEVEN THOUSAND THEACCOUNTINGDISTRICT 'SPERCENTAGEOFAT -RISKPUPILS IS SEVENTY PERCENT OR GREATER,AND THE CHARTER SCHOOL S AT-RISK PUPILENROLLMENTFORTHE 2026-27 BUDGETYEARISSEVENTYPERCENT OR GREATER ;
(C) USETHECHARTERSCHOOL 'SENGLISHLANGUAGELEARNERPUPIL ENROLLMENTFORTHE 2026-27 BUDGETYEARINSTEADOFTHEACCOUNTING DISTRICTS E NGLISH 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 ENROLLMENTFORTHE 2026-27 BUDGETYEARINSTEADOFTHEACCOUNTING DISTRICTS SPECIAL EDUCATION PUPIL ENROLLMENT AS USED PURSUANT TO SECTION 22-54-103.5 (10).
(C) U SE THE CHARTER SCHOOL S ENGLISH LANGUAGE LEARNER PUPIL ENROLLMENT FOR THE 2026-27 BUDGET YEAR INSTEAD OF THE ACCOUNTING DISTRICTS E NGLISH LANGUAGE LEARNER PUPIL ENROLLMENT AS USED PURSUANT TO SECTIONS 22-54-103.5 (7)AND 22-54-104 (4.3)AND (D) U SE THE CHARTER SCHOOL S SPECIAL EDUCATION PUPIL ENROLLMENT FOR THE 2026-27 BUDGET YEAR INSTEAD OF THE ACCOUNTINGDISTRICT 'SSPECIALEDUCATIONPUPILENROLLMENTASUSED PURSUANT TO SECTION 22-54-103.5 (10).
(II) (A) I ADDITION TO THE DISTRIBUTION DESCRIBED IN SUBSECTION (2)(g)(IIIOF THIS SECTION ,A CHARTER SCHOOL WHOSE ACCOUNTING DISTRICT IS A SCHOOL DISTRICT DESCRIBED IN SECTION 22-54-103.5 (12)(cMUST 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 2026-27BUDGET YEAR .
(II) (A) N ADDITION TO THE DISTRIBUTION DESCRIBED IN SUBSECTION (2)(g)(IIOF THIS SECTION,A CHARTER SCHOOL WHOSE ACCOUNTING DISTRICT IS A SCHOOL DISTRICT DESCRIBED IN SECTION -23- 023 22-54-103.5(12)(cMUSTRECEIVEAPERPUPILAMOUNTOFTHEAMOUNT DESCRIBED IN SECTION22-54-103.5 (12)(cFOR EACH STUDENT IN THE CHARTER SCHOOL S PUPIL ENROLLMENT FOR THE2026-27BUDGET YEAR .
(B) IN ADDITION TO THE DISTRIBUTION DESCRIBED IN SUBSECTION (2)(g)(IIIOF THIS SECTION, A CHARTER SCHOOL WHOSE ACCOUNTING DISTRICTISASCHOOLDISTRICTDESCRIBEDINSECTION 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 .
(B) NADDITIONTOTHEDISTRIBUTIONDESCRIBEDINSUBSECTION (2)(g)(IIOF THIS SECTION,A CHARTER SCHOOL WHOSE ACCOUNTING DISTRICT IS A SCHOOL DISTRICT DESCRIBED IN SECT22-54-104 (4.9) MUST RECEIVE A PER PUPIL AMOUNT OF THE AMOUNT DESCRIBED IN SECTION 22-54-104 (4.FOR EACH STUDENT IN THE CHARTER SCHOOLS PUPIL ENROLLMENT FOR THE2026-27 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 :
(III) FOR THE 2026-27 BUDGET YEAR ,THE INSTITUTE SHALL DISTRIBUTETOEACHOFITSCHARTERSCHOOLSANAMOUNTEQUALTOTHE GREATER OF:
(A) T HE AMOUNT OF TOTAL PROGRAM RECEIVED BY THE CHARTER SCHOOLFORTHE 2025-26BUDGETYEARPLUSONEPERCENTOFTHEAMOUNT OF TOTAL PROGRAM RECEIVED BY THE CHARTER SCHOOL FOR THE 2025-26 BUDGET YEAR ;OR (B) THECHARTERSCHOOL 'SPHASE INAMOUNTOFTOTALPROGRAM FOR THE 2026-27 BUDGET YEAR DETERMINED PURSUANT TO SUBSECTION (2)(g)(IOF THIS SECTIO.
(A) THEAMOUNTOFTOTALPROGRAMRECEIVEDBYTHECHARTER SCHOOL FOR THE 2025-26 BUDGET YEAR PLUS ONE PERCENT OF THE AMOUNTOFTOTALPROGRAMRECEIVEDBYTHECHARTERSCHOOLFORTHE 2025-26 BUDGET YEAR;OR (B) T HE CHARTER SCHOOL S PHASE-IN AMOUNT OF TOTAL PROGRAM FOR THE 2026-27BUDGET YEAR DETERMINED PURSUANT TO SUBSECTION (2)(g)(OF THIS SECTIO.
(IV) THISSUBSECTION (2)(g)ISREPEALED ,EFFECTIVEJULY 1,2028.
(IV) THIS SUBSECTION (2)(gIS REPEALED,EFFECTIVE JULY 1, 2028.
(h) (I) FOR EACH BUDGET YEAR BEGINNING WITH THE 2027-28 BUDGET YEAR THROUGHTHE 2030-31 BUDGET YEAR ,THE INSTITUTE SHALL DETERMINE EACH OF ITS CHARTER SCHOOLS 'PHASE-IN AMOUNTS OF TOTAL PROGRAM .EACHCHARTERSCHOOL 'SPHASE-INAMOUNTOFTOTALPROGRAM IS THE AMOUNT CALCULATED BY THE INSTITUTE USING THE CALCULATION DESCRIBED IN SECTION 22-54-103.3 (3)(cFOR THE APPLICABLE BUDGET YEAR ;EXCEPT THAT ,WHEN MAKING THE CALCULATIONS ,THE INSTITUTE PAGE 19-SENATE BILL 26-023 SHALL :
(h) (I) OR EACH BUDGET YEAR BEGINNING WITH THE 2027-28 BUDGET YEAR THROUGH THE 2030-31 BUDGET YEAR , THE INSTITUTE SHALLDETERMINEEACHOFITSCHARTERSCHOOLS 'PHASE-INAMOUNTSOF TOTALPROGRAM .EACHCHARTERSCHOOL SPHASE -INAMOUNT OFTOTAL PROGRAM IS THE AMOUNT CALCULATED BY THE INSTITUTE USING THE CALCULATION DESCRIBED IN SECTION 22-54-103.3 (3)(cFOR THE -24- 023 APPLICABLE BUDGET YEAR ;
(A) U SE 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 (4AND 22-54-104 (7);
EXCEPT THAT , WHEN MAKING THE CALCULATIONS ,THE INSTITUTE SHAL:
(B) U SE THE CHARTER SCHOOL 'S A-RISK PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR INSTEAD OF THE ACCOUNTING DISTRICT 'S AT-RISKPUPILENROLLMENTANDUSE THE CHARTERSCHOOL SPERCENTAGE OFAT -RISKPUPILSINSTEADOFTHEACCOUNTINGDISTRICT 'SPERCENTAGEOF AT-RISK PUPILS AS USED PURSUANT TO SECTIONS 22-54-103.5 (6)(aAND 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)I:
(A) U SE THE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR INSTEAD OF FUNDED PUPIL COUNT AS DETERMINEDPURSUANTTOSECTIONS 22-54-103.5(4)AND 22-54-104(7);
THE ACCOUNTING DISTRICTS 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 ;
(B) USE THE CHARTERSCHOOL 'SAT-RISKPUPILENROLLMENTFOR THE APPLICABLE BUDGET YEAR INSTEAD OF THE ACCOUNTING DISTRICS AT RISK PUPIL ENROLLMENT AND USE THE CHARTER SCHOOL 'S PERCENTAGEOFAT -RISKPUPILSINSTEADOFTHEACCOUNTINGDISTRICT S PERCENTAGE OF AT -RISK PUPILS AS USED PURSUANT TO SECTIONS 22-54-103.5 (6)(aAND 22-54-104 (4)EXCEPT THAT THE INSTITUTE SHALL USE THE CHARTER SCHOOL'S A-RISK PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR INSTEAD OF ACCOUNTING DISTRIC'S A-RISK PUPIL ENROLLMENT AS USED IN THE FORMULA IN SECTION22-54-103.5 (6)(b)I:THEACCOUNTINGDISTRICT SFUNDEDPUPILCOUNTISLESSTHAN SEVENTHOUSAND ,THEACCOUNTINGDISTRICT SPERCENTAGEOFAT -RISK PUPILS IS SEVENTY PERCENT OR GREATE,AND THE CHARTER SCHOOL S AT-RISK PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR IS SEVENTY PERCENT OR GREATER ;
(C) USETHECHARTERSCHOOL SE NGLISHLANGUAGELEARNERPUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR INSTEAD OF DISTRICT ENGLISH LANGUAGE LEARNER PUPIL ENROLLMENT AS USED PURSUANT TO SECTIONS 22-54-103.5 (7AND 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).
(C) U SE THE CHARTER SCHOOL'SE NGLISH 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 (AND 22-54-104 (4.3AND (D) U SE 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) FREACHBUDGETYEARBEGINNINGWITHTHE 2027-28 BUDGET YEAR THROUGH THE 2030-31 BUDGET YEAR , THE INSTITUTE SHALL DETERMINE EACH OF ITS CHARTER SCHOOLS 'OLD FORMULA AMOUNTS OF TOTAL PROGRAM .
-25- 023 (II) FOR EACH BUDGET YEAR BEGINNING WITH THE 2027-28 BUDGET YEAR THROUGH THE 2030-31BUDGET YEAR ,THE INSTITUTE SHALL DETERMINE EACH OF ITS CHARTER SCHOOLS 'OLD FORMULA AMOUNTS OF TOTAL PROGRAM .
EACH CHARTER SCHOOL 'S OLD FORMULA AMOUNT OF TOTALPROGRAMISTHEAMOUNTCALCULATEDBYTHEINSTITUTEUSINGTHE CALCULATION DESCRIBED IN SECTION 22-54-104 FOR THE APPLICABLE BUDGET YEAR FOR EACH OF ITS CHARTER SCHOOLS ;
ACH CHARTER SCHOOL S OLD FORMULA AMOUNT OF TOTAL PROGRAM IS THE AMOUNT CALCULATED BY THE INSTITUTEUSINGTHECALCULATIONDESCRIBEDINSECTION 22-54-104FOR THE APPLICABLE BUDGET YEAR FOR EACH OF ITS CHARTER SCHOOLS ;
EXCEPT THAT, WHEN MAKING THE CALCULATIONS ,THE INSTITUTE SHALL:
EXCEPT THAT,WHENMAKINGTHE CALCULATIONS ,THE INSTITUTE SHAL:
PAGE 20-SENATE BILL 26-023 (A) U SE THE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR THE APPLICABLEBUDGETYEARINSTEADOFTHEACCOUNTINGDISTRICT 'SFUNDED PUPIL COUNT AS DETERMINED PURSUANT 22-54-104 (7);
(A) U SE 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);
(B) U SE THE CHARTER SCHOOL 'S A-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);
(B) USETHECHARTERSCHOOL SAT -RISKPUPILENROLLMENT FOR THE APPLICABLE BUDGET YEAR INSTEAD OF THE ACCOUNTING DISTRICS AT-RISK PUPIL ENROLLMENT AS USED PURSUANT TO22-54-104 (4);
(C) USETHECHARTERSCHOOL 'SENGLISHLANGUAGELEARNERPUPIL ENROLLMENTFORTHEAPPLICABLEBUDGETYEARINSTEADOFACCOUNTING DISTRICTS E NGLISH LANGUAGE LEARNER PUPIL ENROLLMENT AS USED PURSUANT TO SECTION 22-54-104 (4.3).
(C) U SE THE CHARTER SCHOOL'SENGLISH LANGUAGE LEARNER PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR INSTEAD OF ACCOUNTING DISTRICTS 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)(cMUST RECEIVE A PER PUPIL AMOUNT OF THE AMOUNT DESCRIBED IN SECTION 22-54-103.5 (12)(c)FOR EACH STUDENT IN THE CHARTERSCHOOL 'SPUPILENROLLMENTFORTHEAPPLICABLEBUDGETYEAR .
(III) (A) IN ADDITION TO THE DISTRIBUTION DESCRIBED IN SUBSECTION (2)(h)(IV)OF THIS SECTIO, A CHARTER SCHOOL WHOSE ACCOUNTING DISTRICT IS A SCHOOL DISTRICT DESCRIBED IN SECTION 22-54-103.5(12)(cMUSTRECEIVEAPERPUPILAMOUNTOFTHEAMOUNT DESCRIBED IN SECTION22-54-103.5 (12)(cFOR EACH STUDENT IN THE CHARTER SCHOOL S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR .
(B) IN ADDITION TO THE DISTRIBUTION DESCRIBED IN SUBSECTIONS (2)(h)(IV)OF THIS SECTION, A CHARTER SCHOOL WHOSE ACCOUNTING DISTRICT IS DESCRIBED IN SECTION2-54-104 (4.9)MUST RECEIVE A PER PUPILAMOUNTOFTHEAMOUNTDESCRIBEDINSECTION 22-54-104(4.9)FOR EACH STUDENT IN THE CHARTER SCHOOL S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR .
(B) NADDITIONTOTHEDISTRIBUTIONDESCRIBEDINSUBSECTIONS (2)(h)(IV)OF THIS SECTIO,A CHARTER SCHOOL WHOSE ACCOUNTING -26- 023 DISTRICT IS DESCRIBED IN SECT22-54-104(4.9)MUST RECEIVE A PER PUPIL AMOUNT OF THE AMOUNT DESCRIBED IN SECTION22-54-104 (4.9) FOR EACH STUDENT IN THE CHARTER SCHOOL'S PUPIL ENROLLMENT FOR THE APPLICABLE BUDGET YEAR.
(IV) FOREACHBUDGETYEARBEGINNINGWITHTHE 2027-28 BUDGET YEAR THROUGH THE 2030-31 BUDGET YEAR , THE INSTITUTE SHALL DISTRIBUTE TO EACH OFITS CHARTER SCHOOLS AN AMOUNT EQUALTO THE GREATER OF :
(IV) F OR EACH BUDGET YEAR BEGINNING WITH THE 2027-28 BUDGET YEAR THROUGH THE 2030-31 BUDGET YEAR , THE INSTITUTE SHALLDISTRIBUTETOEACHOFITSCHARTERSCHOOLS ANAMOUNTEQUAL TO THE GREATER OF:
(A) THECHARTERSCHOOL 'SPHASE INAMOUNTOFTOTALPROGRAM FORTHEAPPLICABLEBUDGETYEARDETERMINEDPURSUANTTOSUBSECTION (2)(h)(IOF THIS SECTIO;OR (B) T HE CHARTER SCHOOL S OLD FORMULA AMOUNT OF TOTAL PROGRAM FOR THE APPLICABLE BUDGET YEAR ,DETERMINED PURSUANT TO SUBSECTION (2)(h)(IOFTHISSECTION ,PLUSONEPERCENTOFTHECHARTER SCHOOL SOLDFORMULAAMOUNTOFTOTALPROGRAMFORTHEAPPLICABLE PAGE 21-SENATE BILL 26-023 BUDGET YEAR .
(A) T HE CHARTER SCHOOL S PHASE-IN AMOUNT OF TOTAL PROGRAMFORTHEAPPLICABLEBUDGETYEARDETERMINEDPURSUANTTO SUBSECTION (2)(h)(OF THIS SECTIO;OR (B) T HE CHARTER SCHOOL'S OLD FORMULA AMOUNT OF TOTAL PROGRAMFORTHEAPPLICABLEBUDGETYEAR ,DETERMINEDPURSUANTTO SUBSECTION (2)(h)(IIOF THIS SECTION,PLUS ONE PERCENT OF THE CHARTER SCHOOL S OLD FORMULA AMOUNT OFTOTAL PROGRAM FOR THE APPLICABLE BUDGET YEAR.
(4) (a) (I) For each budget year through the 2025-26 budget year, each institute charter school, the department shall withhold from the state equalizationpaymentsoftheinstitutecharterschool'saccountingdistrictan 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.
(4) (a) (I) For each budget year through the 2025-26 budget year, eachinstitutecharterschool,thedepartmentshallwithholdfromthestate equalizationpaymentsof theinstitutecharterschool'saccountingdistrict 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 fundingmultipliedbythenumberofonlinepupilsenrolledintheinstitute charter school.
The department shall forward to the institute the amount withheld minus an amountnottoexceedonepercentof theamount 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.
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 -27- 023 reasonable and necessary costs to the department to implement the provisions of this part 5.
(I.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 bythe accounting district's adjusted per pupil revenues of the institute charter school's accounting district, minus:
(I.5) For each budget year through the 2025-26 budget year, The institute shall forward to eachinstitutecharter school an amount equal to theinstitutecharterschool'spupilenrollmentmultipliedbytheaccounting district's adjusted per pupil revenues of the institute charter school's accounting district, minus:
(5.5) (a) Notwithstanding any provision of this section to the contrary,if adistrictcharterschoolconvertstoaninstitutecharterschool pursuanttosection22-30.5-510,theconvertedschool'sperpupilrevenues or adjusted per pupil revenues, whichever is applicable, and at-risk supplemental aid continue to be calculated pursuant to section 22-30.5-112, or 22-30.5-112.1 whichever is applicable, and section 22-30.5-112.2TOTAL PROGRAM FUNDING as the funding applied to the converted school before the conversion;
(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 per pupil revenues or adjusted per pupil revenues, whichever is applicable, and at-risk supplementalaidcontinuetobecalculatedpursuanttosection22-30.5-112, or22-30.5-112.1whicheverisapplicable,andsection22-30.5-112.2, TOTAL PROGRAM FUNDING as the funding applied to the converted school before the conversion;
(10) (a) On or before December 1, 2009, and on or before December 1 each year, thereafter, a representative from the governing boardof eachinstitutecharterschoolandtheinstituteboardshallmeetto review the level of funding received by the institute as a result of the -28- 023 moneywithheldbytheinstitutefortheamountofactualcostsincurredby the institute in providing necessary administration, oversight, and managementservicestotheinstitutecharterschools.Theinstitutecharter schoolrepresentativesandtheinstituteboardshall,ataminimum,review, foreachbudgetyear,beginningwiththe2004-05budgetyearthroughthe 2025-26 budget year, the amount of money annually appropriated to the institute, the amount of costs incurred by the institute, and the services provided by the institute.
(10)(a) OnorbeforeDecember1,2009,andonorbefore December each year, thereafter,a representative from the governing board of each PAGE 22-SENATE BILL 26-023 institutecharterschoolandtheinstituteboardshallmeettoreviewthelevel of fundingreceivedbytheinstituteasaresultof themoneywithheldbythe institutefortheamountofactualcostsincurredbytheinstituteinproviding necessary administration, oversight, and management services to the institutecharterschools.Theinstitutecharterschoolrepresentativesandthe instituteboardshall,ataminimum,review,foreachbudgetyear,beginning withthe2004-05budgetyearthroughthe2025-26budgetyear, theamount 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 year, the general assembly shall appropriatethreehundredseventy-fivethousanddollarsfromthegeneral fund to the institute to distribute to eligible institute charter schools.
(11) (a) For the 2022-23 budget year, the general assembly shall appropriate three hundred seventy-five thousand dollars from the general fund to the institute to distribute to eligible institute charter schools.
(b) As used in this subsection (11), "eligible institute charter school" means an institute charter school, at least fifty percent of the student population of which receives special education services through the administrative unit of the institute.
(b) Asusedinthissubsection(11),"eligibleinstitutecharterschool" means an institute charter school, at least fifty percent of the student population of which receives special education services through the administrative unit of the institute.
(12) T HE GENERAL ASSEMBLY FINDS AND DECLARES THAT FOR PURPOSES OF SECTION 17 OF ARTICLE IXOF 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 ARTICLEIX OF THE STATE CONSTITUTION.
(12) T HE 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 IXOF THE STATE CONSTITUTION .
SECTION11.
SECTION 11.
In Colorado RevisedStatutes,22-33-203,amend (2)(d) as follows:
In Colorado Revised Statutes, 22-33-203, amend (2)(d) as follows:
(2) (d) If an expelled student is receiving educational services -29- 023 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 thissection,theexpellingschooldistrictshalltransferninety-fivepercent of the district per-pupil revenues as defined in section 22-30.5-112 (2)(a.5)(II) to the 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.
(2) (d) If an expelled student is receiving educational services delivered by a school district other than the expelling school district, by a charterschoolinaschooldistrictotherthantheexpellingschooldistrict,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)(II)o the PAGE 23-SENATE BILL 26-023 school district, charter school, nonpublic school, or board of cooperative servicesthatisprovidingeducationalservices,reducedinproportiontothe amount of time remaining in the school year at the time the student begins receiving educational services.
SECTION 12.
SECTION12.
In Colorado Revised Statutes, 22-43.7-110.3, amend (2)(b)(I) as follows:
InColoradoRevisedStatutes,22-43.7-110.3,amend (2)(b)(I) as follows:
Department-charterschoolfacilitiesassistance account - distribution - definitions.
Department - charter school facilities assistance account - distribution - definitions.
(2) (b) (I) Each school district that provides funding pursuant to section 22-30.5-112 or 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 tothepercentageof thetotalcertifiedcharterschoolpupil enrollmentfor 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.
(2) (b) (I) Each school district that provides funding pursuant to section22-30.5-112or22-30.5-112.1 toatleastonequalifiedcharterschool 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 bythe amount credited to the charter school facilities assistance account for the applicable fiscal year.
SECTION 13.
SECTION13.
In Colorado Revised Statutes, 22-33.5-2706, amend (5)(a)(II)(B) as follows:
InColoradoRevisedStatutes,24-33.5-2706,amend as it will become effective if the office receives fifty thousanddollarsof gifts, grants, or donations (5)(a)(II)(B) as follows:
Trauma-informed practices for school safety drills - work group - creation - purpose - membership - notice to revisor of statutes - definitions - repeal.
Trauma-informedpracticesforschoolsafetydrills - work group - creation - purpose - membership - notice to revisor of statutes - definitions - repeal.
-30- 023 (5) (a) (II) The work group consists of the following voting members:
(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;
(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 minorityleaderofthehouseofrepresentatives,ontheadviceofastatewide association that represents school administrators;
SECTION 14.
SECTION14.
In Colorado Revised Statutes, repeal 22-30.5-112.2.
InColoradoRevisedStatutes,repeal22-30.5-112.2.
In Colorado RevisedStatutes,22-44-105,amend (6)(d)(II) as follows:
In Colorado Revised Statutes, 22-44-105, amend PAGE 24-SENATE BILL 26-023 (6)(d)(II) as follows:
(6)(d)(II) Thissubsection(6)isBSECTIONS (6)(a),(6)(AND (6)(d)OF THIS SECTION ARrepealed, effective July 1, 2026.
(6) (d)(II) Thissubsection(6)isSUBSECTIONS (6)(a)AND (6)(b)OF THIS SECTION AND THIS SUBSECTION (6)(d)ARE repealed, effective July 1, 2026.
Districttotalprogram-2025-26through2030-31 budget years - definitions - repeal.
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 isthegreaterofthedistrict'stotalprogramdeterminationforthe2024-25 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.
(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 budgetyearortheamountcalculatedpursuanttosection22-54-104plusan 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) WHENDETERMININGADISTRICT 'STOTALPROGRAMPURSUANT TO SUBSECTION (3)(b)(IOF THIS SECTION,IF THE DISTRICS TOTAL PROGRAMCALCULATIONPURSUANTTOSECTION 22-54-103.ISLESSTHAN -31- 023 THE DISTRICTS TOTAL PROGRAM CALCULATION PURSUANT TO SECTION 22-54-104, THEN NOTWITHSTANDING SUBSECTION (3)(b)(IOF THIS SECTION ,THE DISTRICT'S TOTAL PROGRAM IS THE GREATER OF THE DISTRICTS TOTAL PROGRAM DETERMINATION FOR THE 2024-25 BUDGET YEAR OR THE AMOUNT CALCULATED PURSUANT TO SECTION 22-54-104.
(II) WHEN DETERMINING A DISTRICT 'S TOTAL 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, THENNOTWITHSTANDINGSUBSECTION (3)(b)(IOFTHISSECTION , THE DISTRICT S TOTAL PROGRAM IS THE GREATER OF THE DISTRICT S TOTAL PROGRAMDETERMINATIONFORTHE 2024-25 BUDGETYEARORTHEAMOUNT CALCULATED PURSUANT TO SECTION 22-54-104.
In Colorado RevisedStatutes,22-54-117,amend (1)(a) introductory portion and (1)(a)(IX) as follows:
In Colorado Revised Statutes, 22-54-117, amend (1)(a) introductory portion and (1)(a)(IX) as follows:
(1) (a) For the 2007-08 fiscal year and fiscal years thereafter general assembly shall annually determine the amount to appropriate to the contingency reserve fund, which is created in the state treasury.
(1) (a) For the 2007-08 fiscal year and fiscal years thereafter, generalassemblyshallannuallydeterminetheamountto appropriate to the contingencyreservefund,whichiscreatedinthestatetreasury.Indeciding 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 fullyfund the total amount of such need.
In deciding the amount to appropriate to the contingency reserve fund, the generalassemblymaytakeintoconsiderationanyrecommendationsmade by the department of education, but nothing in this section obligates the general assembly to provide supplemental assistance to all districts that arefoundtobeinneedortofullyfundthetotalamountofsuchneed.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:
The state board may approve and order payments from the contingency reserve fund for supplementalassistancetodistrictsdeterminedtobeinneedastheresultof 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 of local 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.
(IX) (A) For the 2021-22, 2022-23, and 2023-24 budget years, Unusualfinancialburdencausedbythewithholdingoflocalpropertytaxes 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.
(B) This subsection (1)(a)(IX) is repealed, effective July1, 2026.
(B) This subsection (1)(a)(IX) is repealed, effective July 1, 2026.
-32- 023 2 SECTION 18.
SECTION 18.
InColoradoRevisedStatutes,24-51-1101,amend (1.9)(a)(I), (1.9)(a)(II)(B), (1.9)(a)(II)(C), and (1.9)(h) as follows:
In Colorado Revised Statutes, 24-51-1101, amend (1.9)(a)(I), (1.9)(a)(II)(B), (1.9)(a)(II)(C), and (1.9)(h) as follows:
(1.9)(a)(I) Subjecttosubsection(1.9)(h)ofthissection,aservice retiree who is a superintendent,N ASSISTANT SUPERINTENDENT , a principalA VICE PRINCIPAL OR ASSISTANT PRINCIP, a teacher, a school bus driver, a school food services cook, a school nurse, or a paraprofessional,asdefinedinsection22-60.3-201,andishiredpursuant tosubsection(1.9)(b)ofthissectionbyanemployerintheschooldivision of the association that satisfies the criteria specified in subsection (1.9)(a)(II)ofthissectionmayreceivesalarywithoutreductioninbenefits for anylength of employment in a calendar year if the service retiree has notworkedforanemployer,asdefinedinsection24-51-101(20),during the month of the effective date of retirement.
(1.9) (a) (I) Subject to subsection (1.9)(h) of this section, a service retiree who is a superintendent, AN ASSISTANT SUPERINTENDENT , a principal,AVICEPRINCIPALORASSISTANTPRINCIPAL ,ateacher,aschoolbus 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 mayreceive salarywithout reduction in benefits for anylength 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 (1.9)(a) who works for an employer, as defined in section 24-51-101 (20), during the month of the effective date of retirement is subject to a reduction in benefits as provided in section 24-51-1102 (2).
A service retiree described in this subsection (1.9)(a) who works for an employer, as defined in section 24-51-101 (20), duringthemonthoftheeffectivedateofretirementissubjecttoareduction in benefits as provided in section 24-51-1102 (2).
(B) The school district, board of cooperative services, or charter school hires the service retiree for the purpose of providing classroom instructionorschoolbustransportationtostudentsenrolledbythedistrict, enrolledbyoneormoreofthedistrictsservedbytheboardofcooperative services, or enrolled by the charter school, or for the purpose of being a superintendent,AN ASSISTANT SUPERINTENDENT , a principalA VICE -33- 023 PRINCIPALORASSISTANTPRINCIPAL ,aschoolfoodservicescook,aschool nurse, or a paraprofessional, as defined in section 22-60.3-201;
(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 bythe 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, ASSISTANT SUPERINTENDENTS , principals, VICE PRINCIPALS OR ASSISTANT PRINCIPALS , 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.
and (C) The school district, board of cooperative services, or charter school determines that there is a critical shortage of qualified superintendents,ASSISTANTSUPERINTENDENTS ,principals,VICEPRINCIPALS ORASSISTANTPRINCIPALS ,teachers,schoolbusdrivers,schoolfoodservices 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) Ateacher,schoolbusdriver,schoolfoodservicescook,school nurse, superintendent,ASSISTANT SUPERINTENDENT , principalVICE PRINCIPAL OR ASSISTANT PRINCIPAL, or qualified paraprofessional who retires before he or she hasY 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,schoolbusdriver's,schoolfoodservicescook's,schoolnurse's, superintendent's,ASSISTANT SUPERINTENDENT 'S, principal's,VICE PRINCIPALSORASSISTANTPRINCIPAL 'S,orqualifiedparaprofessional'slast 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 PRINCIPALS OR ASSISTANT PRINCIPALS, or qualified paraprofessional's date of retirement.
(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 24-51-602shallnotbeemployedafterretirementpursuanttothissubsection (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, ASSISTANTSUPERINTENDENT 'S,principal'sVICEPRINCIPAL SORASSISTANT 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,SSISTANT SUPERINTENDENT 'S, principal'sVICE PRINCIPAL SORASSISTANTPRINCIPAL S,orqualifiedparaprofessional'sdate of retirement.
SECTION 19.
SECTION19.
In Colorado Revised Statutes, 22-7-1013, add (6.5) as follows:
InColoradoRevisedStatutes, 22-7-1013, add (6.5) as follows:
Local education provider - preschool through -34- 023 elementaryandsecondaryeducationstandards-adoption-academic acceleration - definition.
Local education provider - preschool through elementary and secondary education standards - adoption - academic acceleration - definition.
(6.5) FOR THE2026-27 SCHOOL YEAR ,AND EACH SCHOOL YEAR THEREAFTER ,A LOCAL EDUCATION PROVIDER MAY REQUEST THAT THE DEPARTMENTOFEDUCATIONAPPROVETHELOCALEDUCATIONPROVIDER S USE OF PENCIL AND PAPER TO COMPLETE ANY OR EVERY PORTION OF A STATE ASSESSMENT ADMINISTERED PURSUANT TO SECTION 22-7-1006.3 (1)(a)FOR GRADE THREE OR FOUR.
(6.5) F OR 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 USEOFPENCILANDPAPERTOCOMPLETEANYOREVERYPORTIONOFASTATE ASSESSMENTADMINISTEREDPURSUANTTOSECTION 22-7-1006.3(1)(a)FOR GRADE THREE OR FOUR .FORTHE 2026-27 SCHOOLYEAR ,THE DEPARTMENT OF EDUCATION SHALL ESTABLISH 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 .
OR THE2026-27 SCHOOL YEAR ,THE DEPARTMENT OF EDUCATION SHALL ESTABLISH THE TESTING SCHEDULE FOR THE ADMINISTRATION OF PENCIL AND PAPER ASSESSMENTS AND INCLUDE ADEADLINE FORTHE RETURNOFCOMPLETEDPAPERANDPENCIL 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 .
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 .
HE LOCAL EDUCATIONPROVIDERISRESPONSIBLEFORCOSTSOWEDTOAVENDORTHAT ARE ASSOCIATED WITH THE ADMINISTRATION 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.
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 .
(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 -35- 023 SECTION .
(1.5) THE STATE BOARD SHALLADOPT RULESTHAT ARE NECESSARY TO DETERMINE A CHILD S DISTRICT OF RESIDENCE FOR A CIRCUMSTANCE THAT IS NOT DESCRIBED IN SUBSECTION (1)OF THIS SECTIO.
SECTION 21.
SECTION21.
In Colorado RevisedStatutes,22-20-114,amend (1) introductoryportion, (1)(a), (1)(b), andand add (9) as follows:
InColoradoRevisedStatutes,22-20-114,amend(1) introductory portion, (1)(a), (1)(b), and (1.3);
and add (9) as follows:
Funding of programs - application for reimbursement - rules - legislative declaration -nition - repeal.
Funding of programs - application for reimbursement - rules - legislative declaration - definition - repeal.
(1) Subject to the provisions ofection (3) of this section, for the2005-06budgetyearandeachbudgetyearthereafter thetotalamount appropriated to the department for the payment of costs incurred by administrative units for the provision,XPENSES RELATED TO THE PROVISION , of special education programs must be distributed to each administrative unit that provides, PAYS FOR THE PROVISION OF , educational services for children with disabilities as follows:
(1) Subjecttotheprovisionsofsubsection(3)ofthissection,forthe 2005-06 budget year and each budget year thereafter the total amount appropriated to the department for the payment of costs incurred by administrative units for the provision, 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:
(a) (I) Five hundred thousand dollars to administrative units that enroll children with disabilitiesTHE 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 INOUT -OF-HOME PLACEMENT ,ASDEFINED IN SECTION 22-32-138 (1)(h)I:
PAGE 28-SENATE BILL 26-023 (a) (I) Five hundred thousand dollars to administrative units that enroll children with disabilitOR THE 2026-27BUDGET 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 (1)(h),I:
(A) For whom tuition is paid by the administrative units for the children to receive educational services at approved facilityschools;
(A) For whom tuition is paid by the administrative units for the children to receive educational services at approved facility schools;
and T HE STUDENT HAS AN INDIVIDUALIZED EDUCATION PROGRAM ;
and THE STUDENT HAS AN INDIVIDUALIZED EDUCATION PROGRAM ;
(B) For whom parental rights have been relinquished by the parents or terminated by a court, the parents of whom are incarcerated, theparentsofwhomcannotbelocated,theparentsof whomresideoutof the state but the department of human services has placed the children withintheadministrativeunit,orchildrenwithdisabilitieswhoarelegally -36- 023 emancipated.
(B) Forwhomparentalrightshavebeen relinquishedbytheparents or terminated bya 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 services has placed the children within the administrative unit, or children with disabilities who are legally emancipated.T HESTUDENTDOESNOTHAVEAPARENTORLEGALGUARDIAN , AS DESCRIBED IN SECTION 22-20-103 (19.7)(a)(I), (19.7)(a)(IIOR (19.7)(a)(IIIWHO IS AVAILABLE OR AUTHORIZED TO MAKE DECISIONS CONCERNING EDUCATION FOR THE STUDENT ;AND (C) T HE STUDENT IS PLACED BY A PUBLIC AGENCY ,AS DEFINED IN SECTION 22-20-103 (20), IN A RESIDENTIAL CHILD CARE FACILITY OR RESIDENTIALTREATMENTFACILITYTHATISLOCATEDOUTOFSTATEORINAN APPROVED FACILITY SCHOOL ,AS DEFINED IN SECTION22-2-402.
THE STUDENT DOES NOT HAVE A PARENT OR LEGAL GUARDIAN ,ASDESCRIBEDINSECTION 22-20-103(19.7)(a)(I),(19.7)(a)(II), OR (19.7)(a)(IIWHOISAVAILABLEORAUTHORIZEDTOMAKEDECISIONS CONCERNING EDUCATION FOR THE STUDENT ;AND (C) THE STUDENT IS PLACED BY A PUBLIC AGEN,AS DEFINED IN SECTION 22-20-103 (20),IN A RESIDENTIAL CHILD CARE FACILITY OR RESIDENTIALTREATMENTFACILITYTHATISLOCATEDOUTOFSTATEORIN AN APPROVED FACILITY SCHOOL,AS DEFINED IN SECTIO22-2-402.
(II) The moneys appropriated pursuant to subparagraph (I) of this paragraph(a)shallbedistributedineachbudgetyeartoadministrativeunits based upon each administrative unit's share of the aggregate number of children with disabilities who are specified in subparagraph (I) of this paragraph(a);exceptthatanadministrativeunitshallnotreceiveanamount thatexceedstheaggregateamountoftuitionpaidbythatadministrativeunit forthespecifiedchildrenwithdisabilitiestoreceiveeducationalservicesat approvedfacilityschoolsduringtheimmediatelyprecedingbudgetyear.For purposes of this paragraph (a), the number of children with disabilities that are specified in subparagraph (I) of this paragraph (a) shall be based upon the count taken in December of the immediatelypreceding budget yeNr.
(II) Themoneysappropriatedpursuanttosubparagraph(I)of this paragraph (a) shall be distributed in each budget year to administrative unitsbaseduponeachadministrativeunit'sshareoftheaggregatenumber of children with disabilities who are specified in subparagraph (I) of this paragraph (a);
I 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)(IOF THIS SECTION PURSUANT TO AN APPLICATION FOR REIMBURSEMENTPROCESS .THESTATEBOARDSHALLADOPTRULESRELATED TO THE APPLICATION FOR REIMBURSEMENT PROCESS .
except that an administrative unit shall not receive an amount that exceeds the aggregate amount of tuition paid by that administrative unit for the specified children with disabilities to receive educational services at approved facilityschools during the immediately preceding budget year.
(b) (I) For the budget years preceding the 2022-23 budget year, an amount equal to one thousand two hundred fiftydollars for each child with disabilities receiving special education services from the administrative unit;
For purposes of this paragraph (a), the number of children with disabilities that are specified in subparagraph (I) of this paragraph (a) shall be based upon the count taken in December of the immediately preceding budget year.THE2026-27 BUDGET YEAR AND EACH BUDGET YEAR THEREAFTER , THE DEPARTMENT SHALL DISTRIBUTE THEAPPROPRIATIONDESCRIBEDINSUBSECTION (1)(a)(OFTHISSECTION PURSUANTTOANAPPLICATIONFORREIMBURSEMENTPROCESS .THESTATE BOARD SHALL ADOPT RULES RELATED TO THE APPLICATION FOR REIMBURSEMENT PROCESS .
(II) Except as specified in subsection (1.3) of this section, for the 2022-23 budget year and each budget year thereafter, an amount equal to one thousand seven hundred fifty dollars for each child with disabilities receiving special education services from the administrative unit;
(b)(I) Forthebudgetyearsprecedingthe2022-23budgetyear,an amount equal to one thousand two hundred fifty dollars for each child -37- 023 with disabilities receiving special education services from the administrative unit;
and (1.3) For the 2024-25 budget year and budget years thereafter, dollar amounts set forth in subsections (1)(b)(II) and (1)(c)(III) SUBSECTIONS (1)(b)AND (1)(c)(III)ofthissectionareannuallyincreasedby the rate of inflation.Theamountsmustbe rounded to the nearest dollar.
(II)Except as specified in subsection (1.3) of this section, for the 2022-23 budget year and eachbudgetyearthereafter,mount equal to one thousand seven hundred fifty dollars for each child with disabilities receiving special education services from the administrative unit;
and (1.3) Forthe2024-25budgetyearandbudgetyearsthereafter,he dollar amounts set forth in subsections (1)(b)(II) and (1)(c)(III) SUBSECTIONS (1)(b)AND (1)(c)(III)ofthissectionareannuallyincreased by the rate of inflation.
The amounts must be rounded to the nearest dollar.
(9) (a) HE DEPARTMENT SHALL ENGAGE STAKEHOLDERS ON THE ISSUE OF PUBLIC PLACEMENTS IN FACILITY SCHOOLS AND WHETHER TO MAKERECOMMENDATIONSTOTHESTATEBOARDREGARDINGRULESORTO THE GENERAL ASSEMBLY REGARDING STATUTES RELATED TO PUBLIC PLACEMENTS IN FACILITIE.THE STAKEHOLDERS THAT THE DEPARTMENT SHALLENGAGEWITHINCLUDE ,BUTARENOTLIMITEDTO ADMINISTRATIVE UNITS, MEDICAID MANAGED CARE ENTITIES ,ORGANIZATIONS THAT REPRESENT LICENSED RESIDENTIAL CHILD CARE FACILITIE,AND OTHER PUBLIC ENTITIE.
(9) (a) THE DEPARTMENT SHALL ENGAGE STAKEHOLDERS ON THE ISSUEOFPUBLICPLACEMENTSINFACILITYSCHOOLSANDWHETHERTOMAKE RECOMMENDATIONS TO THE STATE BOARD REGARDING RULES OR TO THE GENERAL ASSEMBLY REGARDING STATUTES RELATED TO PUBLIC PLACEMENTS IN FACILITIES .
(b) THIS SUBSECTION (9IS REPEALED,EFFECTIVE JULY1, 2027.
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.
Localfoodpurchasinggrant-amount-advisory -38- 023 committee - verification of invoices - definition.
Local food purchasing grant - amount - advisory committee - verification of invoices - definition.
(1)(a) Subjecttosubsection(5)of thissection,eachparticipating school food authority CHARTER SCHOOL THAT OPERATES UNDER A PARTICIPATING CHARTER SCHOOL FOOD AUTHORITY that commits to operating an advisory committee as described in subsection (3) of this sectioniseligibletoreceivealocalfoodpurchasinggrantpursuanttothis section to purchase Colorado grown, raised, or processed products.
PAGE 30-SENATE BILL 26-023 (1) (a) Subject to subsection (5) of this section, each participating school food authority OR CHARTER SCHOOL THAT OPERATES 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 sectiontopurchaseColoradogrown,raised,orprocessedproducts.Itisthe general assembly's intent that these grants be used primarily to support small- and medium-sized farms and ranches.
It is thegeneralassembly'sintentthatthesegrantsbeusedprimarilytosupport 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 authority GRANTEE shall track and report to the department for the preceding budget year:
(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 authorityANTEE 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;
(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 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 authorityTEE received;
(III) The total amount spent to purchase value-added processed products and how much of that total was attributable to the local food purchasinggranttheparticipatingschoolfoodauthority GRANTEE received;
and (IV) The total number of eligible meals the participating school -39- 023 food authoritGRANTEE provided to students.
and (IV) Thetotalnumberofeligiblemealstheparticipatingschoolfood authority GRANTEE provided to students.
(2)(a) Subjecttosubsection(2)(b)ofthissection,atthebeginning of each budget year the department, subject to available appropriations, shall distribute to each participating school food authorityt iseligibletoreceiveagrantpursuanttothissectionanamountestablished pursuant to section 22-82.9-211 (3).
(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 authorityANTEE that is eligible to receive a grant pursuant to this section an amount established pursuanttosection22-82.9-211(3).Theparticipatingschoolfoodauthority GRANTEE shall use the moneyreceived 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 percentoftheamountreceivedtopurchasevalue-addedprocessedproducts.
The participating school food authorityRANTEE shall use the moneyreceived pursuant to this section to purchase only Colorado grown, raised, or processed products and as provided in 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.
Inaddition,aschoolfoodauthority PARTICIPATINGGRANTEE mayuseupto ten percent of the moneyreceived pursuant to this section to payallowable costs, as identified by rules of the state board, incurred in complying with this section.
In addition, a school food authorityATING 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 authority 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;
(b) At the beginning of each budget year, each participating schoolfoodauthorityRANTEE shallsubmittothedepartmentanestimate of the amount it expects to spend to purchase Colorado grown, raised, or processed products for the budget year;
If, based on the information provided, the departmentdeterminesthataparticipatingschoolfoodauthorityEE is unlikely to spend the full amount of the grant described in subsection (2)(a)of this section, the departmentshallreducetheamountof thegrant accordingly.Thedepartmentshalldistributetootherparticipatingschool food authoritiesANTEES that are eligible to receive grants pursuant to thissectionanyamountthatisretainedpursuanttothissubsection(2)(b).
If, based on the information provided, the department determines that a participating school food authority 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.
Thedepartmentshalldistributetheadditionalamountstotheparticipating -40- 023 school food authoritGRANTEES for which thegrant 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.
The department shall distribute to other participating school foodauthorities GRANTEES thatareeligibletoreceivegrantspursuanttothis section any amount that is retained pursuant to this subsection (2)(b).
(3) (a) To receive a local food purchasing grant pursuant to this section, a participating school food authorityE must have or establish an advisory committee made up of students and parents of students enrolled in the public schools served bythe participating school food authority.
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.
In selecting students and parents to serve on the advisory committee, the participating school food authorityshall ensure thatthemembershipof theadvisorycommitteereflectstheracial,ethnic, and socioeconomic demographics of the student population enrolled by theparticipatingschoolfoodauthorityNTEE.Theadvisorycommittee shall advise the participating school food authorityoncerning theselectionoffoodstoensurethatmealsareculturallyrelevant,healthy, and appealing to all ages of the student population.
(3) (a) To receive a local food purchasing grant pursuant to this section, a participating school food authority GRANTEE must have or establishanadvisorycommitteemadeupofstudentsandparentsofstudents enrolled in the public schools served by the participating school food authority.
(b) A participating school food authorityE mayuse up to twelve percent of the amount received pursuant to subsection (2) of this section to support implementation of the advisorycommittee required in subsection (3)(a) of this section.
In selecting students and parents to serve on the advisory committee, the participating school food authority GRANTEE shall ensure that the membership of the advisory committee reflects the racial, ethnic, andsocioeconomicdemographicsof thestudentpopulationenrolledbythe participatingschoolfoodauthority GRANTEE .Theadvisorycommitteeshall advise the participating school food authority GRANTEE concerning the selection of foods to ensure that meals are culturallyrelevant, healthy, and appealing to all ages of the student population.
(c) AschoolfoodauthorityRANTEE thatprovidedonemillionor fewerlunchesinthe 2023-24 school year may, subject toapprovalbythe department, work with other school food authoritiesANTEES to implement an advisorycommittee that collaborates with multiple school food authorities.
(b) A participating school food authority 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.
(d) Anadvisorycommitteeestablishedpursuanttothissubsection (3) is not limited to, but may:
(c) A school food authority 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.
-41- 023 (I) Schedule and hold meetings as necessary for the advisory committee to have ongoing collaboration with the participating school food authorityGRANTEE and achieve the advisory committee's goals;
(d) An advisory committee established pursuant to this subsection (3) is not limited to, but may:
(II) Throughstudentsurveysorothermethodsasnecessary,gather student feedback on meals and meal preferences;
(I) Schedule and hold meetings as necessary for the advisory committeetohaveongoingcollaborationwiththeparticipatingschoolfood authority GRANTEE and achieve the advisory committee's goals;
(III) Suggest the types of purchases of local ingredients to the school food authorityGRANTEE that would support local farmers and ranchers in the school food authority's region;
(II) Through student surveys or other methods as necessary, gather student feedback on meals and meal preferences;
(IV) Inform the school food authority of recipes that are both nutritiousandreflecttheculturesofthestudentpopulationenrolledbythe participating school food authorityNTEE ;
(III) Suggestthetypesofpurchasesoflocalingredientstotheschool food authority 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 authority GRANTEE ;
(VII) Assist the school food authorityNTEE in developing plans to support more scratch cooking;
(VII) Assisttheschoolfoodauthority GRANTEE indevelopingplans to support more scratch cooking;
(VIII) Assist the school food authorityICIPATING GRANTEE in obtaining the necessary resources to provide meals that are culturally relevant, healthy, and appealing to all ages of the student population;
(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 authorGRANTEE of, and assist in the implementation of, strategies to maximize the collection and completion of household income application forms for national school lunch programs;
(IX) Informthe school food authority GRANTEE of, and assist in the implementationof,strategiestomaximizethecollectionandcompletionof 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 food authority PARTICIPATING GRANTEE in improving meal qualityand student satisfaction with the meals provided by the school food authorityANTEE ;
(X) Evaluate the effectiveness of the advisory committee in supportingtheschoolfoodauthority PARTICIPATINGGRANTEE inimproving mealqualityandstudent satisfaction with the mealsprovidedbytheschool food authorityGRANTEE ;
and (XI) Learn from a school food authorityGRANTEE about the -42- 023 logistics of local food procurement, menu requirements, and operational managementtosupporttheadvisorycommitteeinsuggestingrealisticand attainable changes to school meals.
and (XI) Learnfromaschoolfoodauthority GRANTEE aboutthelogistics 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 school food authorityRANTEE may contract with an external nonprofit organization to convene and facilitate an advisory committee pursuant to this subsection (3).
(e) A school food authorityGRANTEE maycontractwithan 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 authorGRANTEES 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.
(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.
If the department finds that a participating school food authority used a significant portion of the grant money, as determined byrule of the state board, to purchase products that did not meet the requirements of this section, the participating school food aGRANTEEyis ineligible to receiveagrantpursuanttothissectionforthenextbudgetyearfollowing the budget year in which the department completes the review.
If the department finds that a participating school food authorityused 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 food authorityGRANTEE isineligibletoreceiveagrantpursuanttothissectionfor the next budget year following the budget year in which the department completes the review.
(6) AS USED IN THIS SECTI,UNLESS THE CONTEXT OTHERWISE REQUIRES,"GRANTEE "MEANSAPARTICIPATINGSCHOOLFOODAUTHORITY OR CHARTER SCHOOL THAT OPERATES UNDER A PARTICIPATING SCHOOL FOODAUTHORITYDESCRIBEDINSUBSECTION (1)OFTHISSECTIONTHATIS ELIGIBLEFORANDRECEIVESALOCALFOODPURCHASINGGRANTPROGRAM PURSUANT TO THIS SECTIO.
(6) A S 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 .
-43- 023 SECTION 23.
SECTION 23.
In Colorado Revised Statutes, 22-82.9-206, amend (1) as follows:
In Colorado Revised Statutes, 22-82.9-206, amend PAGE 34-SENATE BILL 26-023 (1) as follows:
(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 participatingschoolfoodauthorityHARTERSCHOOLTHATOPERATES UNDERAPARTICIPATINGCHARTERSCHOOLFOODAUTHORITY mayreceive an amount described in section 22-82.9-211 (3), so long as the participatingschoolfoodauthorityHARTERSCHOOLTHATOPERATES UNDER A PARTICIPATING CHARTER SCHOOL FOOD AUTHORITY uses one hundred percent of the amount received pursuant to this section to increasewagesorprovidestipendsforindividualswhomtheparticipating school food authority employs to directly prepare and serve food for school meals.
(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 authorityCHARTER SCHOOL THAT OPERATES UNDER A PARTICIPATING CHARTER SCHOOL FOOD AUTHORITY may receive anamountdescribedinsection22-82.9-211(3),solongastheparticipating school food authorityOR CHARTER SCHOOL THAT OPERATES UNDER A PARTICIPATING CHARTER SCHOOL FOOD AUTHORITY uses one hundred percentoftheamountreceivedpursuanttothissectiontoincreasewagesor 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 participatingschoolfoodauthorityHARTERSCHOOLTHATOPERATES UNDERAPARTICIPATINGCHARTERSCHOOLFOODAUTHORITY mustsubmit 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.
To receive the amount described in this section, a participating school food authorityOR 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.
(1) ABOCES ISNOTASTATEWIDEAUTHORIZEROFPROGRAMSOR SCHOOLS ,EXCEPTASPERMITTEDINSECTION 22-33-104.3OR22-30.7-106.
(1) A BOCES IS NOT A STATEWIDE AUTHORIZER OF PROGRAMS OR SCHOOLS ,EXCEPT AS PERMITTED IN SECTION 22-33-104.3 OR 22-30.7-106.
ABOCES ISAPUBLICENTITY ANDASCHOOLORPROGRAMOPERATEDBY -44- 023 A BOCES IS CONSIDERED PUBLI.
A BOCES IS A PUBLIC ENTIT,AND A SCHOOL OR PROGRAM OPERATED BY A BOCES IS CONSIDERED PUBLIC.
(2) STARTING WITH THE2026-27FISCAL YEAR,A BOCES SHALL NOT OPERATE A SCHOOL,PROGRAM ,SUBPROGRAM ,OR CAMPUS OUTSIDE THEGEOGRAPHICBOUNDARIESOFITSSCHOOLDISTRICTMEMBERS ,EXCEPT AS PERMITTED THROUGH THE PROCESSES SET FORTH IN SECTION 22-33-104.3OR 22-30.7-106.
(2) STARTINGWITHTHE 2026-27 FISCALYEAR ,ABOCES SHALLNOT OPERATE A SCHOOL ,PROGRAM , SUBPROGRAM ,OR CAMPUS OUTSIDE THE GEOGRAPHIC BOUNDARIES OF ITS SCHOOL DISTRICT MEMBERS ,EXCEPT AS PERMITTEDTHROUGHTHEPROCESSESSETFORTHINSECTION 22-33-104.3OR 22-30.7-106.
(3) U PON REQUEST FROM THE DEPARTMENT OF EDUCATION ,A BOCES SHALL PROVIDE A COPY OF ANY AGREEMENT THAT DEMONSTRATES CURRENT MEMBERSHIP OR TERMS OF SERVICE FOR THE BOCES TO THE DEPARTMENT OF EDUCATION .
(3) U PON REQUEST FROM THE DEPARTMENT OF EDUCATION ,A PAGE 35-SENATE BILL 26-023 BOCES SHALLPROVIDE ACOPYOFANYAGREEMENTTHATDEMONSTRATES CURRENT MEMBERSHIP OR TERMS OF SERVICE FOR THE BOCES TO THE DEPARTMENT OF EDUCATION .
(4) THIS SECTION DOES NOT IMPACT THE STATEWIDE SUPPLEMENTAL ONLINE AND BLENDED LEARNING PROGRAM CREATED IN SECTION 22-5-119.
(4) THISSECTIONDOESNOTIMPACTTHESTATEWIDESUPPLEMENTAL ONLINE AND BLENDED LEARNING PROGRAM CREATED INSECTION 22-5-119.
SECTION25.
SECTION 25.
InColoradoRevisedStatutes,add22-33-104.3as follows:
In Colorado Revised Statutes, add 22-33-104.3 as follows:
Part-time programs for homeschool students - rules - definitions - repeal.
Part-timeprogramsforhomeschoolstudents-rules - definitions - repeal.
(1) AS USED IN THIS SECTI,UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) A S USED IN THIS SECTIO,UNLESS THE CONTEXT OTHERWISE REQUIRES:
(a) "OCALEDUCATION PROVIDER "MEANS A SCHOOL DISTRIC,A CHARTERSCHOOLAUTHORIZEDBYASCHOOLDISTRICTPURSUANTTOPART 1 OF ARTICL30.5OF THIS TITL22,A CHARTER SCHOOL AUTHORIZED BY THESTATECHARTERSCHOOLINSTITUTEPURSUANTTOPART 5 OFARTICLE 30.5OF THIS TITL22,OR A BOARD OF COOPERATIVE SERVICES CREATED AND OPERATING PURSUANT TO ARTICLE5 OF THIS TITL22.
(a) "LOCAL EDUCATION PROVIDER "MEANS A SCHOOL DISTRICT ,A CHARTER SCHOOL AUTHORIZED BY A SCHOOL DISTRICT PURSUANT TO PART OF ARTICLE30.5 OF THIS TITL22,A CHARTER SCHOOL AUTHORIZED BY THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO PART 5OF ARTICLE 30.5OFTHISTITLE 22,ORABOARDOFCOOPERATIVESERVICESCREATEDAND OPERATING PURSUANT TO ARTICLE 5 OF THIS TITL22.
(b) "PART-TIME PROGRAM FOR HOMESCHOOL STUDENTS "MEANS APROGRAMOFFEREDBYORONBEHALFOFALOCALEDUCATIONPROVIDER -45- 023 THAT SERVES HOMESCHOOL STUDENTS ENROLLED ON A PART-TIME BASIS ANDFUNDEDPURSUANTTOSECTION 22-33-104.5(6)(aWHETHERORNOT THE PROGRAM HAS A SCHOOL CODE ISSUED BY THE DEPARTMENT OF EDUCATION .
(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)(aWHETHER OR NOT THE PROGRAM HAS A SCHOOL CODE ISSUED BY THE DEPARTMENT OF EDUCATION ."PART-TIMEPROGRAMFORHOMESCHOOLSTUDENTS "INCLUDES ALLSUBPROGRAMS ,CAMPUSES ,MICROSCHOOLS ,OROTHERCOMPONENTSOF THE SAME PART -TIME PROGRAM THAT PROVIDE INSTRUCTION TO HOMESCHOOL STUDENTS .
"PART-TIME PROGRAM FOR HOMESCHOOL STUDENTS " INCLUDES ALL SUBPROGRAMS ,CAMPUSES ,MICROSCHOOLS ,OR OTHER COMPONENTS OF THE SAME PART -TIME PROGRAM THAT PROVIDE INSTRUCTION TO HOMESCHOOL STUDENTS .
(2) (a) ALOCAL EDUCATION PROVIDER MAY OFFER ONE OR MORE PART-TIME PROGRAMS FOR HOMESCHOOL STUDENTS IF EACH PROGRAM :
(2) (a) LOCAL EDUCATION PROVIDER MAY OFFER ONE OR MORE PART-TIME PROGRAMS FOR HOMESCHOOL STUDENTS IF EACH PROGRAM :
(I) C OMPLIES WITH THE STANDARDS AND REQUIREMENTS ESTABLISHED IN THIS SECTION AND RULES ADOPTED BY THE STATE BOARD;
(I) COMPLIES WITH THE STANDARDS AND REQUIREMENTS ESTABLISHEDINTHISSECTIONANDRULESADOPTEDBYTHESTATEBOARD ;
AND PAGE 36-SENATE BILL 26-023 (II) C OMPLIES WITH ALL LEGAL REQUIREMENTS FOR PART -TIME PROGRAMS FOR HOMESCHOOL STUDENTS FOR THE LOCAL EDUCATION PROVIDERTHATAUTHORIZESTHEPART -TIME PROGRAMSFORHOMESCHOOL STUDENTS .
AND (II) COMPLIES WITH ALL LEGAL REQUIREMENTS FOR PAR-TIME PROGRAMS FOR HOMESCHOOL STUDENTS FOR THE LOCAL EDUCATION PROVIDER THAT AUTHORIZES THE PART-TIME PROGRAMS FOR HOMESCHOOL STUDENTS .
(b) THE STATE 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 .
(b) HESTATEBOARDSHALLADOPTRULESASNECESSARYFORTHE REGULATIONOFPART -TIMEPROGRAMSFORHOMESCHOOLSTUDENTSAND FOR THE IMPLEMENTATION OR ADMINISTRATION OF THIS SECTI.N (3) APART TIME PROGRAM FOR HOMESCHOOL STUDENTS :
(3) A PART TIME PROGRAM FOR HOMESCHOOL STUDENTS :
(a) SHALL NOT,DIRECTLY OR INDIRECTL,FUND,REIMBURSE ,OR SUBSIDIZEAPRIVATEACTIVITYORPRIVATEPURCHASEFORASTUDENTOR A STUDENT S PARENT OR LEGAL GUARDIAN .
(a) S HALL 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, ACTIVITIE,SUPPLIES, ITEMS,OR MATERIALS OF PERSONAL VALUE THAT ARE GENERALLY NOT AVAILABLE TO STUDENTS IN A LOCAL EDUCATION PROVIDERS REGULAR FULL-TIME PROGRAMS OR SCHOOLS.
A PRIVATE ACTIVITY OR PURCHASE INCLUDES ,BUT IS NOT LIMITED TOACTIVITIES,SUPPLIES,ITEMS , ORMATERIALSOFPERSONALVALUE THAT ARE GENERALLYNOT AVAILABLE TO STUDENTS IN A LOCAL EDUCATION PROVIDER S REGULAR FULL -TIME PROGRAMS OR SCHOOLS .
-46- 023 (b) SHALL NOT ENROLL STUDENTS WHO SATISFY THEIR COMPULSORY SCHOOL ATTENDANCE REQUIREMENTS THROUGH AN INDEPENDENT OR A PAROCHIAL SCHOOL , AS DESCRIBED IN SECTION 22-33-104 (2)(b).
(b) SHALLNOTENROLLSTUDENTSWHOSATISFYTHEIRCOMPULSORY SCHOOL ATTENDANCE REQUIREMENTS THROUGH AN INDEPENDENT OR A PAROCHIAL SCHOOL ,AS DESCRIBED IN SECTION22-33-104 (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)(eRETAINING A COPY OF THE NOTIFICATION,ANDMAKINGACOPYOFTHENOTIFICATIONAVAILABLETO THE DEPARTMENT OF EDUCATION UPON REQUEST .
(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 THEDEPARTMENTOFEDUCATIONUPONREQUEST .FTHELOCALEDUCATION PROVIDER IS NOT A SCHOOL DISTRICT ,THE LOCAL EDUCATION PROVIDER SHALL FULFILL THE REQUIREMENTS OF THIS SUBSECTION (3)(c)IN COORDINATION WITH ITS AUTHORIZER OR ITS MEMBER DISTRICTS .
IF THE LOCAL EDUCATIONPROVIDERISNOTASCHOOLDISTRICT ,THELOCALEDUCATION PROVIDERSHALLFULFILLTHE REQUIREMENTS OFTHISSUBSECTION (3)(c) IN COORDINATION WITH ITS AUTHORIZER OR ITS MEMBER DISTRI.TS (4) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTI,A LOCAL EDUCATION PROVIDER THAT I:
(4) E XCEPT AS OTHERWISE PROVIDED IN THIS SECTION ,A LOCAL EDUCATION PROVIDER THAT IS :
(a) ASCHOOLDISTRICTORDISTRICTCHARTERSCHOOLSHALLNOT OPERATEAPART TIMEPROGRAMFORHOMESCHOOLSTUDENTSOUTSIDEOF THE GEOGRAPHIC BOUNDARIES OF THE SCHOOL DISTRIC;
(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) A N INSTITUTE CHARTER SCHOOL SHALL NOT OPERATE A PART-TIME PROGRAM FOR HOMESCHOOL STUDENTS OUTSIDE OF THE GEOGRAPHICBOUNDARIESOFTHESCHOOLDISTRICTWHERETHEINSTITUTE CHARTER SCHOOL IS PHYSICALLY LOCATED;
(b) AN INSTITUTE CHARTER SCHOOL SHALL NOT OPERATE 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.
(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) ALOCALEDUCATIONPROVIDERMAYRECEIVEAUTHORIZATION TOOPERATEAPART -TIMEPROGRAMFORHOMESCHOOLSTUDENTSOUTSIDE -47- 023 THE GEOGRAPHIC BOUNDARIES DESCRIBED IN SUBSECTION (4) OF THIS SECTION,AS APPLICABLE,THROUGH ONE OF THE FOLLOWING:
(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 PROVIDERTOOPERATEOUTSIDETHEGEOGRAPHICBOUNDARIESDESCRIBED IN SUBSECTION (4)OF THIS SECTION, AS APPLICABLE,PURSUANT TO ELIGIBILITY AND PROCEDURAL REQUIREMENTS FOR CERTIFICATION ADOPTEDBYSTATE BOARDRULE .THESTATEBOARDSHALLADOPT RULES REGARDING THE ELIGIBILITY AND PROCEDURAL REQUIREMENTS FOR CERTIFICATION PURSUANT TO THIS SUBSECTION(5)(a)NO LATER THAN D ECEMBER 31, 2026,THAT WILL APPLY FOR CERTIFICATION FOR THE 2027-28 SCHOOL YEAR AND FOR EACH SCHOOL YEAR THEREAFTER .
(a) THE STATE BOARD MAY AUTHORIZE A LOCAL EDUCATION PROVIDER TO OPERATE OUTSIDE THE GEOGRAPHIC BOUNDARIES DESCRIBED IN SUBSECTION (4)OF THIS SECTION , AS APPLICABLE, PURSUANT TO ELIGIBILITYANDPROCEDURALREQUIREMENTSFORCERTIFICATIONADOPTED BYSTATEBOARDRULE .THESTATEBOARDSHALLADOPTRULESREGARDING THE ELIGIBILITY AND PROCEDURAL REQUIREMENTS FOR CERTIFICATION PURSUANTTOTHISSUBSECTION (5)(aNOLATERTHAN DECEMBER 31,2026, THAT WILL APPLY FOR CERTIFICATION FOR TH2027-28 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.
HE CERTIFICATION PROCESS RULES MUST INCLUDE CRITERIA AND QUALITY STANDARDSFORPART -TIMEPROGRAMSFORHOMESCHOOLSTUDENTSTHAT ADDRESSACCOUNTABILITYANDTRANSPARENCYANDINCLUDEREPORTING OBLIGATIONS FOR LOCAL EDUCATION PROVIDERS AS ARE REASONABLY NECESSARYFORTHEIMPLEMENTATIONOFTHISSECTION .A CERTIFICATION PURSUANTTOTHISSUBSECTION (5)(aISVALIDFORTWOYEARSANDMAY BE SUBSEQUENTLY RENEWED FOR TWO -YEAR TERMS.
A CERTIFICATION PURSUANT TO THIS SUBSECTION (5)(a)IS VALID FOR TWO YEARS AND MAY BE SUBSEQUENTLY RENEWED FOR TWO YEAR TERMS .
(b) ALOCALBOARD OFEDUCATIONMAY AUTHORIZE ,IN WRITING, A LOCAL EDUCATION PROVIDER TO OPERATE A PAR-TIME PROGRAM FOR HOMESCHOOLSTUDENTSINTHE GEOGRAPHICBOUNDARIESOFTHELOCAL BOARDOFEDUCATION 'SSCHOOLDISTRICTIFTHEPART-TIMEPROGRAMFOR HOMESCHOOL STUDENTS OTHERWISE OPERATES OUTSIDE OF THE GEOGRAPHIC BOUNDARIES OF THE LOCAL EDUCATION PROVIDER .
(b) ALOCAL BOARD OF EDUCATION MAY AUTHORIZE ,IN WRITIN,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 PA-TIME PROGRAM FOR HOMESCHOOL STUDENTS OTHERWISE OPERATES OUTSIDE OF THE GEOGRAPHIC BOUNDARIES OF THE LOCAL EDUCATION PROVIDER .
N 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 -48- 023 THE CRITERIA DESCRIBED IN SUBSECTION(2)OF THIS SECTIO.
N ITS WRITTEN AUTHORIZATION , THE LOCAL BOARD OF EDUCATION SHALL CERTIFY,INAFORMDEVELOPEDBYTHEDEPARTMENTOFEDUCATION ,THAT THE PART TIME PROGRAM FOR HOMESCHOOL STUDENTS SATISFIES THE PAGE 38-SENATE BILL 26-023 CRITERIA DESCRIBED IN SUBSECTION (2) OF THIS SECTIO.
F THE LOCAL BOARD OF EDUCATION HAS PROVIDED THE WRITTEN AUTHORIZATIONANDCERTIFICATION THESCHOOLDISTRICTORCHARTER SCHOOL INSTITUTE MAY SUBMIT STUDENTS WHO ARE ENROLLED IN THE PART-TIMEPROGRAMFORHOMESCHOOLSTUDENTSPURSUANTTOITSPUPIL ENROLLMENT , AS DEFINED IN SECTION 22-54-103 (10).
F THE LOCAL BOARD OF EDUCATION HAS PROVIDED THE WRITTEN AUTHORIZATION AND CERTIFICATION,THESCHOOLDISTRICTORCHARTERSCHOOLINSTITUTEMAY SUBMIT STUDENTS WHO ARE ENROLLED IN THE PART TIME PROGRAM FOR HOMESCHOOLSTUDENTSPURSUANTTOITSPUPILENROLLMENT ,ASDEFINED INSECTION 22-54-103(10).A WRITTENAUTHORIZATIONPURSUANTTOTHIS SUBSECTION (5)(bIS VALID FOR A TERM NOT GREATER THAN TWO YEARS AND MAY BE SUBSEQUENTLY RENEWED .
A WRITTEN AUTHORIZATION PURSUANT TO THIS SUBSECTION (5)(bIS VALID FOR A TERM NOT GREATER THAN TWO YEARS AND MAY BE SUBSEQUENTLY RENEWED .THEWRITTENAUTHORIZATIONDESCRIBEDINTHISSUBSECTION (5)(b)MUST BE OBTAINED FROM ALL DISTRICTS WHERE THE PAR-TIME PROGRAM FOR HOMESCHOOL STUDENTS PROVIDES INSTRUCTION TO STUDENTS .
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) OR 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 :
(6) (a) F OR 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 OPERATE OUTSIDE THE GEOGRAPHICBOUNDARIESDESCRIBEDINSUBSECTION (4)OFTHISSECTION, AS APPLICABLE.
(I) T HE DEPARTMENT OF EDUCATION MAY PROVISIONALLY AUTHORIZE A LOCAL EDUCATION PROVIDER TO OPERATE OUTSIDE THE GEOGRAPHIC BOUNDARIES DESCRIBED IN SUBSECTION (4)OF THIS SECTIO, AS APPLICABLE .
THE DEPARTMENT OF EDUCATION SHALL PUBLISH AN APPLICATION TIMELINE AND REQUIREMENTS NO LATER THAN UNE 15, 2026.
THE DEPARTMENT OF EDUCATION SHALL PUBLISH AN APPLICATIONTIMELINEANDREQUIREMENTSNOLATERTHAN JUNE 15,2026.
T HE DEPARTMENT OF EDUCATION SHALL PROVISIONALLY AUTHORIZE A LOCAL EDUCATION PROVIDER IF THE PARTIME PROGRAM FOR HOMESCHOOL STUDENTS :
THE DEPARTMENT OF EDUCATION SHALL PROVISIONALLY AUTHORIZE A LOCALEDUCATIONPROVIDERIFTHEPART -TIMEPROGRAMFORHOMESCHOOL STUDENTS :
(A) W AS IN OPERATION FOR TH2025-26SCHOOL YEAR ;
(A) W AS IN OPERATION FOR THE2025-26 SCHOOL YEAR ;
(B) CERTIFIESTHATITWILLNOTENROLLMORESTUDENTSDURING -49- 023 THE 2026-27 SCHOOL YEAR THAN IT ENROLLED DURING THE 2025-26 SCHOOL YEAR ;AND (C) SATISFIESTHECRITERIADESCRIBEDINSUBSECTION (2)OFTHIS SECTION;OR (II) ALOCALBOARDOFEDUCATIONMAYAUTHORIZE ,INWRITING, A LOCAL EDUCATION PROVIDER TO OPERATE A PARTTIME PROGRAM FOR HOMESCHOOLSTUDENTSINTHE GEOGRAPHICBOUNDARIESOFTHELOCAL BOARDOFEDUCATION 'SSCHOOLDISTRICTIFTHEPART -TIMEPROGRAMFOR HOMESCHOOL STUDENTS OTHERWISE OPERATES OUTSIDE OF THE GEOGRAPHIC BOUNDARIES OF THE LOCAL EDUCATION PROVIDER .N 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)(I)(AAND (6)(a)(I)(BOF THIS SECTIO.
(B) C ERTIFIES THAT IT WILL NOT ENROLL MORE STUDENTS DURING THE 2026-27SCHOOLYEARTHANITENROLLEDDURINGTHE 2025-26 SCHOOL YEAR ;AND (C) SATISFIES THE CRITERIA DESCRIBED IN SUBSECTIO(2)OF THIS SECTION;OR (II) ALOCALBOARDOFEDUCATIONMAYAUTHORIZE ,INWRITING ,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 PA-TIME PROGRAM FOR PAGE 39-SENATE BILL 26-023 HOMESCHOOL STUDENTS OTHERWISE OPERATES OUTSIDE OF THE GEOGRAPHIC BOUNDARIES OF THE LOCAL EDUCATION PROVIDER .
F THE LOCAL BOARD OF EDUCATION HAS PROVIDED THE WRITTEN AUTHORIZATION AND CERTIFICATION , THE SCHOOLDISTRICTORCHARTERSCHOOLINSTITUTEMAYSUBMITSTUDENTS WHO ARE ENROLLED IN THE PART -TIME PROGRAM FOR HOMESCHOOL STUDENTS PURSUANT TO ITS PUPIL ENROLLMENTAS DEFINED IN SECTION 22-54-103 (10).
N ITS WRITTEN AUTHORIZATION , THE LOCAL BOARD OF EDUCATION SHALL CERTIFY,INAFORMDEVELOPEDBYTHEDEPARTMENTOFEDUCATION ,THAT THE PART -TIME PROGRAM FOR HOMESCHOOL STUDENTS SATISFIES THE CRITERIA DESCRIBED IN SUBSECTIONS (2), (6)(a)(I)(AND (6)(a)(I)(BOF THIS SECTION.
A WRITTEN AUTHORIZATION PURSUANT TO THIS SUBSECTION (6)(a)(IIIS VALID FOR A TERM NOT GREATER THAN TWO YEARS AND MAY BE SUBSEQUENTLY RENEWED .
F THE LOCAL BOARD OF EDUCATION HAS PROVIDED THE WRITTEN AUTHORIZATION AND CERTIFICATION ,THE SCHOOL DISTRICT OR CHARTERSCHOOLINSTITUTEMAYSUBMITSTUDENTSWHOAREENROLLEDIN THE PART TIME PROGRAM FOR HOMESCHOOL STUDENTS PURSUANT TO ITS PUPIL ENROLLMENT ,AS DEFINED IN SECTION 22-54-103 (10).
THE WRITTEN AUTHORIZATION DESCRIBED IN THIS SUBSECTION (6)(a)(IIMUST BE OBTAINED FROM ALL DISTRICTS WHERE THE PART -TIME PROGRAM FOR HOMESCHOOL STUDENTS PROVIDES INSTRUCTION TO STUDENTS .
AWRITTEN AUTHORIZATION PURSUANT TO THIS SUBSECTION (6)(a)(IIIS VALID FOR A TERM NOT GREATER THAN TWO YEARS AND MAY BE SUBSEQUENTLY RENEWED .
(b) THIS SUBSECTION(6)IS REPEALE,EFFECTIVE ULY 1, 2027.
HE WRITTEN AUTHORIZATION DESCRIBED IN THIS SUBSECTION (6)(a)(IIMUST BE OBTAINED FROM ALL DISTRICTS WHERE THE PART -TIME PROGRAM FOR HOMESCHOOL STUDENTS PROVIDES INSTRUCTION TO STUDENTS .
(7) NOTHING IN THIS SECTION LIMITS A LOCAL EDUCATION -50- 023 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 SECTI22-33-104.5 (6)(a)IF THE ATTENDANCE IS IN THE LOCAL EDUCATION PROVIDER S REGULARON SITEPROGRAMRATHERTHANINAPART -TIMEPROGRAMFOR HOMESCHOOL STUDENTS .
(b) THIS SUBSECTION (6)IS REPEALED,EFFECTIVE JULY 1, 2027.
THIS SUBSECTION (7)DOES NOT APPLY TO ONLINE SCHOOLS OR PROGRAMS .
(7) NOTHING IN THIS SECTION LIMITS A LOCAL EDUCATION PROVIDER SDISCRETIONTOALLOWACHILDPARTICIPATINGINANONPUBLIC HOME -BASED EDUCATIONAL PROGRAM TO ATTEND A PUBLIC SCHOOL FOR A PORTION OF THE DAY PURSUANT TO SECTION 22-33-104 .5 (6)(aIF 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 .
(10)(j) "UPILENROLLMENT "DOESNOTINCLUDEASTUDENTWHO ENROLLS IN PUBLIC SCHOOL ON A PARTIME BASIS WHILE THE STUDENT IS ALSO ENROLLED IN AN INDEPENDENT OR PAROCHIAL SCHOOL ,AS DESCRIBED IN SECTION22-33-104 (2)(b).
(10) (j) "PPIL ENROLLMENT " DOES NOT INCLUDE A STUDENT WHO ENROLLS IN PUBLIC SCHOOL ON A PART TIME BASIS WHILE THE STUDENT IS ALSOENROLLEDINANINDEPENDENTORPAROCHIALSCHOOL ,ASDESCRIBED IN SECTION22-33-104 (2)(b).
(k) ADISTRICT THAT ENROLLS STUDENTS PURSUANT TO SECTION 22-33-104.5(6)(aSHALL,PRIORTOASTUDENT SENROLLMENT ,COLLECT A CURRENT COPY OF THE WRITTEN NOTIFICATION PURSUANT TO SECTION 22-33-104.5 (3)(ESTABLISHING ELIGIBILI.Y SECTION 27.
PAGE 40-SENATE BILL 26-023 (k) A DISTRICT THAT ENROLLS STUDENTS PURSUANT TO SECTION 22-33-104.5(6)(aSHALL ,PRIORTOASTUDENT 'S ENROLLMENT,COLLECTA CURRENT COPY OF THE WRITTEN NOTIFICATION PURSUANT TO SECTION 22-33-104.5 (3)(eESTABLISHING ELIGIBILI.Y SECTION27.
In Colorado Revised Statutes, 22-30.7-105, add (6) as follows:
InColoradoRevisedStatutes, 22-30.7-105, add (6) as follows:
Programcriteria-guidelines-qualitystandards - records - rules - definition.
Program criteria - guidelines - quality standards - records - rules - definition.
(6) (a) AN AUTHORIZER MAY CHOOSE TO CONTRACT WITH AN EDUCATION MANAGEMENT PROVIDER TO OPERATE AN ONLINE PROGRAM ORONLINE SCHOOL .ANAUTHORIZERCONTRACTINGWITHANEDUCATION MANAGEMENT PROVIDER SHALL MAINTAIN APPROPRIATE INDEPENDENCE -51- 023 FROM ,AND OVERSIGHT OF,THE EDUCATION MANAGEMENT PROVIDER .
(6) (a) A N AUTHORIZER MAY CHOOSE TO CONTRACT WITH AN EDUCATIONMANAGEMENT PROVIDER TO OPERATE AN ONLINE PROGRAMOR ONLINE SCHOOL .
(b) AN EDUCATION MANAGEMENT PROVIDER SHALLPROVIDE THE FOLLOWING INFORMATION TO THE AUTHORIZER:
AN AUTHORIZER CONTRACTING WITH AN EDUCATION MANAGEMENT PROVIDER SHALL MAINTAIN APPROPRIATE INDEPENDENCE FROM ,AND OVERSIGHT OF,THE EDUCATION MANAGEMENT PROVIDER .
(I) A SUMMARY OF THE PERFORMANCE DATA FOR ALL OF THE ONLINESCHOOLSTHEEDUCATIONMANAGEMENTPROVIDERISMANAGING AT THE TIME OF THE APPLICATION OR HAS MANAGED PREVIOUSLY , INCLUDING DOCUMENTATION OF ACADEMIC ACHIEVEMENT AND ONLINE SCHOOL MANAGEMENT SUCCESS ;
(b) AN EDUCATION MANAGEMENT PROVIDER SHALL PROVIDE THE FOLLOWING INFORMATION TO THE AUTHORIZER :
(II) N 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 ;
(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 ;
(III) NEXPLANATIONOFANYEXISTINGORPOTENTIALCONFLICTS OF INTEREST BETWEEN THE AUTHORIZER AND THE EDUCATION MANAGEMENT PROVIDER ;AND (IV) A COPY OF THE ACTUAL OR PROPOSED PERFORMANCE CONTRACT BETWEEN THE AUTHORIZER AND THE EDUCATION MANAGEMENTPROVIDERTHATSPECIFIES ATAMINIMUM ,THEFOLLOWING MATERIAL TERMS :
(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 ;
(III) A EXPLANATION OF ANY EXISTING OR POTENTIAL CONFLICTS OFINTERESTBETWEENTHEAUTHORIZERANDTHEEDUCATIONMANAGEMENT PROVIDER ;AND (IV) ACOPYOFTHEACTUALORPROPOSEDPERFORMANCECONTRACT BETWEEN THE AUTHORIZER AND THE EDUCATION MANAGEMENT PROVIDER THAT SPECIFIESAT A MINIMUM ,THE FOLLOWING MATERIAL TERMS :
(B) THE METHODS OF CONTRACT OVERSIGHT AND ENFORCEMENT THAT THE AUTHORIZER WILL UTILIZ;
PAGE 41-SENATE BILL 26-023 (B) T HE METHODS OF CONTRACT OVERSIGHT AND ENFORCEMENT THAT THE AUTHORIZER WILL UTILIZE;
(C) T HE COMPENSATION STRUCTURE AND ALL FEES THAT THE AUTHORIZERWILLPAYTOTHEEDUCATIONMANAGEMENTPROVIDER ;AND (D) THECONDITIONSFORCONTRACTRENEWALANDTERMINATION .
(C) T HE 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 SUBSECTI(6),EDUCATION MANAGEMENT PROVIDER "MEANSAFOR -PROFIT,NONPROFIT,ORNOT FOR-PROFITENTITY -52- 023 THAT CONTRACTS WITH AN AUTHORIZER TO PROVIDER ,MANAGE , OR OVERSEEALLORASUBSTANTIALPORTIONOFTHEEDUCATIONALSERVICES PROVIDED BY AN ONLINE PROGRAM OR ONLINE SCHOOL.
(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 .
InColoradoRevisedStatutes,22-32-122,add(6) as follows:
InColoradoRevisedStatutes,22-32-122,add(6)as follows:
(6) (a) HIS SECTION DOES NOT AUTHORIZE THE CREATION OF A CONTRACT SCHOOL THAT IS A FULL -TIME COMPLETE EDUCATIONAL PROGRAMBEINGOFFEREDEXCLUSIVELYBYAPRIVATEENTITYPURSUANT TO A CONTRACT WITH THE PUBLIC ENTI.IF A SCHOOL DISTRI,BOARD OF COOPERATIVE SERVICE,CHARTER SCHOOL ,OR THE CHARTER SCHOOL INSTITUTE SEEKS TO OPERATE 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 CHARTERSCHOOLINSTITUTE SHALL UTILIZEANOTHERPROVISIONOFLAW ,INCLUDINGTHE"C HARTERS CHOOLS A CT",PART 1 OF ARTICLE 30.5OF THIS TITLE22;
22-32-122.
THE "NNOVATION SCHOOLS ACT OF 2008",ARTICLE 32.5OF THIS TITLE22;OR SECTION 22-30.7-105.THEGENERALASSEMBLYINTENDSFORTHISSUBSECTION (6) TO PROVIDE CLARIFICATION OF THIS SECTION AND NOT TO MAKE A SUBSTANTIVE CHANGE .
Contract services, equipment, and supplies.
(b) HISSUBSECTION (6)DOESNOTPROHIBITCONTRACTSWITHAN APPROVEDFACILITYSCHOOL ASDEFINEDINSECTION 22-2-402ANDDOES NOTPROHIBITCONTRACTSREQUIREDBYTHEFEDERAL "INDIVIDUALSWITH D ISABILITIEEDUCATION A CT", 20 U.S.C.SEC .
(6) (a) THIS SECTION DOES NOT AUTHORIZE THE CREATION OF A CONTRACTSCHOOLTHATISAFULL TIMECOMPLETEEDUCATIONALPROGRAM BEING OFFERED EXCLUSIVELY BY A PRIVATE ENTITY PURSUANT TO A CONTRACT WITH THE PUBLIC ENTITY .
1400ET SEQ .,AS AMENDED ,OR SECTION504 OF THE FEDERAL"REHABILITATION ACT OF 1973",29U.S.C.
F A SCHOOL DISTRICT,BOARD OF COOPERATIVE SERVICES , CHARTER SCHOOL ,OR THE CHARTER SCHOOL INSTITUTE SEEKS TO OPERATE OR ENROLL STUDENTS IN A FULL -TIME COMPLETE EDUCATIONAL PROGRAM PURSUANT TO A CONTRACT WITH A PRIVATEENTITY ,THESCHOOLDISTRICT ,BOARDOFCOOPERATIVESERVICES , CHARTER SCHOOL ,OR THE CHARTER SCHOOL INSTITUTE SHALL UTILIZE ANOTHER PROVISION OF LAW ,INCLUDING THE "C HARTER S CHOOLS A CT", PART 1OFARTICLE 30.5 OFTHIS TITLE22;THE "NNOVATION SCHOOLS A CT OF 2008",ARTICLE 32.5 OF THIS TITL22;
SEC.794AS AMENDED ,IN ORDER TO PROVIDE THE FULL CONTINUUM OF PLACEMENTS TO A STUDENT WITH A DISABILITY OR AS -53- 023 NECESSARY TO PROVIDE A FREE APPROPRIATE PUBLIC EDUCATION TO A STUDENT WITH A DISABILITY.
OR SECTION 22-30.7-105.
HE GENERAL ASSEMBLY INTENDS FOR THIS SUBSECTION (6)TO PROVIDE CLARIFICATIONOFTHISSECTIONANDNOTTOMAKEASUBSTANTIVECHANGE .
(b) THIS SUBSECTION(6)DOES NOT PROHIBIT CONTRACTS WITH AN APPROVED FACILITY SCHOOL ,AS DEFINED IN SECTIO22-2-402,AND DOES NOT PROHIBIT CONTRACTS REQUIRED BY THE FEDERAL "INDIVIDUALS WITH D ISABILITIEEDUCATION A CT",20U.S.C.
SEC.1400ETSEQ .ASAMENDED , OR SECTION 504 OF THE FEDERAL "R EHABILITATION ACT OF 1973", 29 U.S.C.SEC.794,ASAMENDED INORDERTOPROVIDETHEFULLCONTINUUM 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 .
Appropriation.Forthe2025-26statefiscalyear, $3,755,558 is appropriated to the department of education.
Appropriation.
This appropriationisfromthestateeducationfundcreatedinsection17(4)(a) of article IX of the state constitution.
For the 2025-26 state fiscal year, $3,755,558 is appropriated to the department of education.
To implement this act, the department may use this appropriation for state share of districts' total program funding.
This appropriation is from the state education fund created in section 17 (4)(a) ofarticleIXof thestateconstitution.Toimplementthisact,thedepartment mayusethisappropriationforstateshareofdistricts'totalprogramfunding.
SECTION 30.
SECTION30.
Appropriation - adjustments to 2026 long bill.
Appropriation-adjustmentsto2026longbill.To implement this act, the cash funds appropriation from the state education fundcreatedinsection17(4)(a)ofarticleIXofthestateconstitution,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.
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,madeintheannualgeneralappropriationactforthe2026-27 state fiscal year to the department of education for the state share of districts' total program funding is decreased by $8,502,195.
This appropriationisfromthestateeducationfundcreatedinsection17(4)(a) of article IX of the state constitution.
This appropriation is from the state education fund created in section 17 (4)(a) ofarticleIXof thestateconstitution.Toimplementthisact,thedepartment may use this appropriation as follows:
To implement this act, the department may use this appropriation as follows:
and (b) $265,195 for use by school district operations for administrationrelatedtopublicschoolfinance,whichamountisbasedon an assumption that the division will require an additional 2.3 FTE.
and (b) $265,195forusebyschooldistrictoperationsforadministration related to public school finance, which amount is based on an assumption that the division will require an additional 2.3 FTE.
SECTION32.
SECTION 32.
Appropriation.Forthe2026-27statefiscalyear, $3,385,203 is appropriated to the department of education for use by school district operations.
Appropriation.
This appropriation is from the state education -54- 023 fund created in section 17 (4)(a) of article IX of thestateconstitution.To implementthisact, the department mayusethisappropriationforcharter school hold harmless.
For the 2026-27 state fiscal year, $3,385,203isappropriatedtothedepartmentofeducationforusebyschool district operations.
SECTION 33.
This appropriation is from the state education fund created in section 17 (4)(a) of article IX of the state constitution.
Appropriation - adjustments to 2026 long bill.
To implement this act, the department may use this appropriation for charter school hold harmless.
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 constitutionmadeintheannualgeneralappropriationactforthe2026-27 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.
SECTION33.Appropriation-adjustmentsto2026longbill.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 byschool districtoperations for at-risk supplemental aid is decreased by $3,504,995.
The general assembly finds, determines, and declares that this act is necessary for the immediate preservationofthepublicpeace,health,orsafetyorforappropriationsfor the support and maintenance of the departments of the state and state institutions.
The general assembly finds, determines, 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.
-55- 023
____________________________ ____________________________ James Rashad Coleman, Sr.
Julie McCluskie PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Esther van Mourik Vanessa Reilly SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ (Date and Time) _________________________________________ Jared S.
Polis GOVERNOR OF THE STATE OF COLORADO PAGE 44-SENATE BILL 26-023
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How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill modifies funding mechanisms and criteria for public schools in Colorado, including adjustments to per pupil funding and the cost of living factor.

  • 22-54-103.5

    (4)(c)

    Removes the subsection regarding a specific provision of funded pupil count.

  • 22-54-103.5

    (3)(b), (4)(a)(VII), (4)(d)(VI), (4)(d.5), and (14)(b)

    Adds new subsections that outline specific funding levels and calculations for the 2026-27 budget year.

  • 22-54-103.5

    THIS SUBSECTION (3)(b) IS REPEALED, EFFECTIVE ULY 1,2032.

    Establishes specific per pupil funding amount for the 2026-27 budget year which is subject to repeal in 2032.

  • 22-54-103.5

    (4)(d.5) (I) NOTWITHSTANDING SUBSECTION (4)(b) OF THIS SECTION...

    Introduces new rules for calculating funded pupil count which takes into account various enrollment factors.

  • 22-54-103.5

    (14)(b)(I) FOR THE 2026-27 BUDGET YEAR...

    Sets a target total program funding amount for all districts, including charter schools, for the 2026-27 budget year.

  • 22-54-103.5

    (11)(c)(I) For the 2025-26ND 2026-27 budget yearYEARS... → For the 2025-26 AND 2026-27 budget YEARS, a district's cost of living factor...

    Clarifies the calculation of the cost of living factor for the specified budget years.

  • 22-54-103.5

    (11)(c)(II) Forthe2026-27and 2027-28budgetyears YEAR... → For the 2026-27 AND 2027-28 budget YEARS, a district's cost...

    Updates the reference years for cost of living factor calculations.

  • 22-54-104

    (5)(c)(II.7) (A) NOTWITHSTANDING ANY PROVISION OF THIS SUBSECTION...

    Expands the cost of living factor provisions to align with new analytical years.

  • 22-13-103

    (1)(c) introductory portion; and → (1)(c.5) FR GRANTS ISSUED ON OR AFTER ULY 1,2026...

    Differentiates grant assistance criteria based on the issuance date for grants.

  • 22-13-105

    (1) FOR GRANTS ISSUED ON OR BEFORE JUNE 30, 2026...

    Adjusts language to reflect the criteria for grant awards prior to June 30, 2026.

Action History

  1. Governor Signed

  2. Signed by the President of the Senate

  3. Signed by the Speaker of the House

  4. Sent to the Governor

  5. Senate Considered House Amendments - Result was to Concur - Repass

  6. House Third Reading Passed with Amendments - Floor

  7. House Third Reading Passed - No Amendments

  8. House Committee on Appropriations Refer Amended to House Committee of the Whole

  9. House Second Reading Special Order - Passed with Amendments - Committee, Floor

  10. House Committee on Education Refer Unamended to Appropriations

  11. Senate Third Reading Passed - No Amendments

  12. Introduced In House - Assigned to Education

  13. Senate Second Reading Passed with Amendments - Committee, Floor

  14. Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole

  15. Senate Committee on Education Refer Amended to Appropriations

  16. Introduced In Senate - Assigned to Education

Sponsors

Sponsorship breakdown

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4 sponsors · 54 co-sponsors · 43 not signed on · 4 voted No

Sponsors (4)

Co-sponsors (54)

Not signed on (43)

43 members have not signed on to this bill.

Show all 43 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

REPASS

Passed 33 Yea · 3 Nay
Party YeaNayPresentNot Voting
Democrat 21000
Republican 7300
Unaffiliated 5000
Total 33300
% of votes cast 92%8%0%0%
How each member voted (36)
Member Party Vote
Gonzales J. — Yea
Pelton B. — Yea
Pelton R. — Yea
President — Yea
Adrienne Benavidez — Yea
Cathy Kipp Democrat Yea
Chris Kolker Democrat Yea
Dylan Roberts Democrat Yea
Iman Jodeh Democrat Yea
James Coleman Democrat Yea
Janice Marchman Democrat Yea
Jeff Bridges Democrat Yea
Jessie Danielson Democrat Yea
Judy Amabile Democrat Yea
Katie Wallace Democrat Yea
Kyle Mullica Democrat Yea
Lindsey Daugherty Democrat Yea
Lisa Cutter Democrat Yea
Marc Snyder Democrat Yea
Matt Ball Democrat Yea
Mike Weissman Democrat Yea
Nick Hinrichsen Democrat Yea
Robert Rodriguez Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
William Lindstedt Democrat Yea
Barbara Kirkmeyer Republican Yea
Cleave Simpson Republican Yea
Janice Rich Republican Nay
John Carson Republican Yea
Larry Liston Republican Yea
Lisa Frizell Republican Yea
Lynda Zamora Wilson Republican Nay
Marc Catlin Republican Yea
Mark Baisley Republican Nay
Scott Bright Republican Yea

Official roll call →

CONCUR

Passed 35 Yea · 1 Nay
Party YeaNayPresentNot Voting
Democrat 21000
Republican 9100
Unaffiliated 5000
Total 35100
% of votes cast 97%3%0%0%
How each member voted (36)
Member Party Vote
Gonzales J. — Yea
Pelton B. — Yea
Pelton R. — Yea
President — Yea
Adrienne Benavidez — Yea
Cathy Kipp Democrat Yea
Chris Kolker Democrat Yea
Dylan Roberts Democrat Yea
Iman Jodeh Democrat Yea
James Coleman Democrat Yea
Janice Marchman Democrat Yea
Jeff Bridges Democrat Yea
Jessie Danielson Democrat Yea
Judy Amabile Democrat Yea
Katie Wallace Democrat Yea
Kyle Mullica Democrat Yea
Lindsey Daugherty Democrat Yea
Lisa Cutter Democrat Yea
Marc Snyder Democrat Yea
Matt Ball Democrat Yea
Mike Weissman Democrat Yea
Nick Hinrichsen Democrat Yea
Robert Rodriguez Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
William Lindstedt Democrat Yea
Barbara Kirkmeyer Republican Yea
Cleave Simpson Republican Yea
Janice Rich Republican Nay
John Carson Republican Yea
Larry Liston Republican Yea
Lisa Frizell Republican Yea
Lynda Zamora Wilson Republican Yea
Marc Catlin Republican Yea
Mark Baisley Republican Yea
Scott Bright Republican Yea

Official roll call →

Passed 9 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 7001
Republican 2100
Total 9101
% of votes cast 82%9%0%9%
How each member voted (11)
Member Party Vote
Andrew Boesenecker Democrat Yea
Brianna Titone Democrat Yea
Elizabeth Velasco Democrat Yea
Emily Sirota Democrat Yea
Junie Joseph Democrat Not Voting
Kyle Brown Democrat Yea
Lindsay Gilchrist Democrat Yea
Yara Zokaie Democrat Yea
Chris Richardson Republican Yea
Rick Taggart Republican Yea
Scott Bottoms Republican Nay

Official roll call →

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democrat 8000
Republican 4000
Unaffiliated 1000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Garcia Sander — Yea
Eliza Hamrick Democrat Yea
Jacque Phillips Democrat Yea
Jennifer Bacon Democrat Yea
Katie Stewart Democrat Yea
Lindsay Gilchrist Democrat Yea
Matthew Martinez Democrat Yea
Meghan Lukens Democrat Yea
Tammy Story Democrat Yea
Anthony Hartsook Republican Yea
Ava Flanell Republican Yea
Dusty Johnson Republican Yea
Mary Bradfield Republican Yea

Official roll call →

BILL

Passed 35 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 20001
Republican 10000
Unaffiliated 5000
Total 35001
% of votes cast 97%0%0%3%
How each member voted (36)
Member Party Vote
Gonzales J. — Yea
Pelton B. — Yea
Pelton R. — Yea
President — Yea
Adrienne Benavidez — Yea
Cathy Kipp Democrat Yea
Chris Kolker Democrat Yea
Dylan Roberts Democrat Yea
Iman Jodeh Democrat Yea
James Coleman Democrat Yea
Janice Marchman Democrat Yea
Jeff Bridges Democrat Yea
Jessie Danielson Democrat Not Voting
Judy Amabile Democrat Yea
Katie Wallace Democrat Yea
Kyle Mullica Democrat Yea
Lindsey Daugherty Democrat Yea
Lisa Cutter Democrat Yea
Marc Snyder Democrat Yea
Matt Ball Democrat Yea
Mike Weissman Democrat Yea
Nick Hinrichsen Democrat Yea
Robert Rodriguez Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
William Lindstedt Democrat Yea
Barbara Kirkmeyer Republican Yea
Cleave Simpson Republican Yea
Janice Rich Republican Yea
John Carson Republican Yea
Larry Liston Republican Yea
Lisa Frizell Republican Yea
Lynda Zamora Wilson Republican Yea
Marc Catlin Republican Yea
Mark Baisley Republican Yea
Scott Bright Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 23 do?
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.)
Who sponsors SB 23?
SB 23 is sponsored by Y. Zokaie, R. Taggart, T. Story, R. Stewart, K. Stewart, L. Smith, G. Rydin, M. Rutinel, N. Ricks, J. Phillips, A. Paschal, K. Nguyen, K. McCormick, J. McCluskie, T. Mauro, B. Marshall, M. Lindsay, J. Jackson, E. Hamrick, R. Gonzalez, L. Goldstein, L. Gilchrist, L. García, M. Froelich, R. English, M. Duran, C. Clifford, S. Camacho, K. Brown, A. Boesenecker, J. Bacon, James Coleman (Democrat), Lisa Cutter (Democrat), Lindsey Daugherty (Democrat), Lisa Frizell (Republican), Iman Jodeh (Democrat), Cathy Kipp (Democrat), Larry Liston (Republican), Janice Marchman (Democrat), Kyle Mullica (Democrat), Dylan Roberts (Democrat), Cleave Simpson (Republican), Marc Snyder (Democrat), Katie Wallace (Democrat), Mike Weissman (Democrat), E. Sirota, M. Lukens, Chris Kolker (Democrat), Judy Amabile (Democrat), Matt Ball (Democrat), Jeff Bridges (Democrat), Scott Bright (Republican), Marc Catlin (Republican), Julie Gonzales (Democrat), Rod Pelton (Republican), Barbara Kirkmeyer (Republican), John Carson (Republican), and Tony Exum (Democrat).
What is the current status of SB 23?
This bill has been enacted into law. Introduced January 14, 2026. Enacted.
Where can I track SB 23?
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