Bill Tracker

For educator preparation stipend programs, current law defines
eligible student to mean a student who is eligible for financial
assistance because the student's expected family contribution does not
exceed 200% of the maximum federal Pell-eligible expected family
contribution. The bill amends the definition of eligible student to mean
a student who is eligible for financial assistance because the student's
expected family contribution does not exceed 250% of the maximum
federal Pell-eligible expected family contribution.
Current law requires that a student eligible for the student educator
stipend program must be placed as a student educator in a school- or
community-based setting in Colorado. The bill allows a student to be
placed as a student educator in a school- or community-based setting in
Colorado or within 100 miles of the Colorado state border.
The bill creates an exception to the student educator stipend
program and the educator test stipend program for funds appropriated to
the department of higher education from the economic recovery and relief
cash fund. The Colorado commission on higher education (commission)
is authorized to approve criteria for students who qualify for the student
educator stipend program and the educator test stipend program. For the
student educator stipend program, the commission is required, first, to
consider students with an expected family contribution that does not
exceed 300% of the maximum federal Pell-eligible expected family
contribution. For the educator test stipend program, the commission is
required, first, to consider students with an expected family contribution
that does not exceed 300% of the maximum federal Pell-eligible expected
family contribution and, second, to consider graduates of an approved
program of preparation who were placed as student educators before
passing the assessment of professional competencies in state fiscal years
2019-20, 2020-21, and 2021-22.
Current law requires eligible applicants for the temporary educator
loan forgiveness program (forgiveness program) to be educators licensed
as teachers or school counselors. The bill broadens the program
requirements to allow eligible applicants to be educators licensed as
principals or special service providers.
The bill broadens the requirements of the forgiveness program.
The commission is required, first, to consider applicants who hold
educator licenses and prioritize the approval of those applications based
on the length of time each applicant has been employed under the license,
beginning with those who have been employed the shortest length of
time. The bill removes the forgiveness program requirement that the
commission approves applicants who have contracted for a qualified
position in a rural school or a rural school district or in a content shortage
area whose percentage of at-risk pupils exceeded 60% in the 2021-22
budget year.

• March 13, 2023: Senate Education Committee Report
• March 13, 2023: Senate Education Committee Report
• January 26, 2023: House Education Committee Report
• January 26, 2023: House Education Committee Report

The bill requires public and private higher education institutions
to print Colorado and national crisis and suicide prevention contact
information on student identification cards. If an institution does not use
student identification cards, the bill requires the school to distribute
Colorado and national crisis and suicide prevention contact information
to the student body each semester or trimester.

• February 27, 2023: Senate Education Committee Report
• February 27, 2023: Senate Education Committee Report
• February 01, 2023: House Education Committee Report
• February 01, 2023: House Education Committee Report

Under existing law, an inmate in the custody of the department of
corrections (department) may have earned time deducted from the
inmate's sentence for meeting certain statutory requirements. The bill
permits an inmate sentenced for a nonviolent felony offense to have
earned time deducted from the inmate's sentence for each accredited
degree or other credential awarded by an accredited institution of higher
education to the inmate while the inmate is incarcerated, in the following
amounts:
  • One year of earned time for receiving an associate,
baccalaureate, or graduate degree; and
  • 6 months of earned time for receiving a certificate or other
credential.
The bill requires the general assembly to annually appropriate the
savings incurred during the prior state fiscal year as a result of the release
of inmates from correctional facilities because of earned time granted for
completion of a higher education degree or credential, as follows:
  • 50% of the savings to the department of corrections to
facilitate inmates enrolling in and completing accredited
higher education programs; and
  • 50% of the savings to the department of higher education
for allocation to institutions of higher education that offer
accredited programs in correctional facilities.

• March 13, 2023: Senate Judiciary Committee Report
• March 13, 2023: Senate Judiciary Committee Report
• February 07, 2023: HB23-1037 L.003 House Judiciary
• February 07, 2023: House Judiciary Committee Report
• February 07, 2023: House Judiciary Committee Report

The bill enacts the Interstate Teacher Mobility Compact
(compact). The compact is designed to make it easier for teachers,
especially active military members and eligible military spouses, from one
member state to receive a teacher's license from another member state.

• February 27, 2023: Senate Education Committee Report
• February 27, 2023: Senate Education Committee Report
• February 01, 2023: House Education Committee Report
• February 01, 2023: House Education Committee Report

Establishes a tuition tax credit for nonpublic schools, or for home schooling. The tax credit would apply to full time or part time attendance. Additionally, this would apply to families whose parents are paying tuition or if the child is attending on a scholarship.

LWVCO believes we should support a state finance system that would provide enough funds for public schools to equalize educational opportunity and relieve the property tax. HB23-1079 would reduce state revenue that could be used for public education and other priority needs.

The bill establishes a private school tuition income tax credit for
income tax years commencing on or after January 1, 2024, that allows any
taxpayer to claim a credit when the taxpayer enrolls a qualified child in
a private school or the taxpayer provides a scholarship to a qualified child
for enrollment in a private school. The private school issues the taxpayer
a credit certificate and the amount of the credit is:
  • For full-time attendance, an amount equal to either the
tuition paid or the scholarship provided to a qualified child,
as applicable, or 60% of the previous year's state average
per pupil revenues, whichever is less; and
  • For half-time attendance, an amount equal to either the
tuition paid or the scholarship provided to a qualified child,
as applicable, or 30% of the previous year's state average
per pupil revenues, whichever is less.
The bill also establishes an income tax credit for income tax years
commencing on or after January 1, 2024, that allows any taxpayer who
uses home-based education for a qualified child to claim an income tax
credit in an amount equal to:
  • 40% of the previous year's state average per pupil revenues
for a taxpayer who uses home-based education for a
qualified child who was enrolled on a full-time basis in a
public school in the state prior to being taught at home; and
  • 20% of the previous year's state average per pupil revenues
for a taxpayer who uses home-based education for a
qualified child who was enrolled on a half-time basis in a
public school in the state prior to being taught at home.
Both credits may be carried forward for 3 years but may not be
refunded. In addition, the credits may be transferred, subject to certain
limitations.

• February 16, 2023: House Education Committee Report
• February 16, 2023: House Education Committee Report

This bill clarifies the school district of record for foster children who have qualified for special education services and have out-of-home placements. As long as the student continues attending school and receiving services in their school of origin, it will be kept as school district of record – even if their living placement is out-of-district.

The Colorado League believes in efficiently and effectively equalizing programs for students with special needs which fosters cooperation among school districts. This bill would clarify the special education funding stream to the correct public school district when a foster child experiences an out-of-district living placement but continues to attend his or her original school prior to the fostering placement.

Current law designates that a student in an out-of-home placement
is a resident of the school district where the placement is located, even if
that student continues to attend a school in another school district. The
bill designates students in out-of-home placements as residents of the
school district of their school of origin as long as the student attends the
school of origin.

• April 05, 2023: Senate Education Committee Report
• April 05, 2023: Senate Education Committee Report
• March 16, 2023: House Education Committee Report
• March 16, 2023: House Education Committee Report

This bill requires that any school sport in K-12 or higher education be designated as either male, female, or coeducational/mixed and restricts participation to students whose biological sex at birth matches the sport’s designation - male, female, or coeducational/mixed. This bill also prohibits any governmental entity from investigating a complaint or taking any adverse action against a public school, school district, association, or individual complying with this bill’s provisions. Individuals, public schools, and school districts are entitled to legal recourse against entities that cause harm to them by violating provisions of this bill.

The League recognizes that an equitable, quality public education is critical for students. This bill’s objectives run counter to the League position on equality of opportunity for education, which is due to all persons, regardless of their race, color, gender, religion, national origin, age, sexual orientation, or disability.

The bill requires any intercollegiate, interscholastic, intramural, or
club athletic team, sport, or athletic event to be designated as one of the
following, based on the biological sex at birth of the participating
students: Male, female, or coeducational. Male and female athletes may
only participate on teams designated to their respective sexes. The bill
prohibits a governmental entity from investigating a complaint or taking
any adverse action against a public school, school district, activities
association or organization, institution of higher education, or any
employee or governing board member for complying with the bill.
The bill creates a cause of action for a student, school, or
institution that suffers harm as a result of noncompliance with the bill.
There is also a cause of action for a student who suffers retaliation for
reporting violations of the bill. The statutes of limitations for the causes
of action are 2 years and a prevailing party is entitled to reasonable
attorney fees. The attorney general is required to provide legal
representation to a school, school district, association, or institution of
higher education that is sued for complying with the bill.

• February 13, 2023: House State, Civic, Military, & Veterans Affairs Committee Report
• February 13, 2023: House State, Civic, Military, & Veterans Affairs Committee Report

The bill requires a school district to implement additional
procedural safeguards for an expulsion hearing (hearing). A school
district is required to provide all records that the school district intends to
use as supporting evidence in a hearing to the student or the student's
parent, guardian, or legal custodian at least 5 business days prior to the
hearing. If a school district intends to present written statements or oral
testimony from witnesses during the hearing, the student and the student's
parent, guardian, or legal custodian must be notified at least 5 business
days prior to the hearing of the contents of the written statement or oral
testimony provided to the school district. The student and the student's
parent, guardian, or legal custodian have the right to cross-examine
adverse witnesses who provide a written statement or oral testimony to
the school district.
During the hearing, the school district has the burden of presenting
clear and convincing evidence to demonstrate that the student violated
state law and the school district's policy, and that excluding the student
from the learning environment through expulsion or denial of admission
is necessary. Following the hearing, the executive officer or designee
acting as a hearing officer is required to report findings of fact, findings
regarding mitigating factors, and recommendations.
Current law permits a student to be suspended, expelled, or denied
admission for behavior on or off school property that is detrimental to the
welfare or safety of other students or school personnel. The bill requires
a school district or enrolling school district to demonstrate that a student's
behavior off school grounds poses an imminent threat to other students
or school personnel by establishing a direct and substantial nexus between
the student's alleged conduct committed off school grounds and the risk
of physical harm to other students or school personnel. Behavior that
occurs off school grounds that results in delinquency or criminal charges
and is unrelated to a school-sponsored event is not automatic grounds for
suspension, expulsion, or denial of admission. For a hearing concerning
a student whose alleged conduct occurred off school grounds, the
executive officer or designee acting as a hearing officer is required to
report findings of fact that establish a direct and substantial nexus
between the student's behavior and the risk of physical harm to other
students and school personnel.
Current law allows a school district board of education (board) to
delegate its power to its executive officer or to a designee who serves as
a hearing officer to expel or deny admission to a student. The bill requires
the individual who serves as the board's hearing officer to agree to recusal
if a conflict of interest occurs that interferes with the individual's duty to
act as an impartial hearing officer. An executive officer, a designee, or
any individual acting as a hearing officer is also required to participate in
an annual training on state and federal school discipline laws.

• April 06, 2023: House Education Committee Report
• April 06, 2023: House Education Committee Report

This bill codifies expectations for individualized learning programs similar to those used during the pandemic. The sponsors put forth the idea that this form of instruction will improve student experiences and outcomes during any future emergency if it is implemented within a framework described in this bill. The bill goes into detail regarding how a charter school or a public school would be eligible to receive authorization as an individualized learning school.

Individualized learning is defined as an instructional course or grade level course work that is:
(a) provided, in whole or in part, independently from regular classroom setting, but may include components of direct instruction;
(b) supervised, monitored, assessed, evaluated, and documented by a teacher employed by the individualized learning school; and
(c) documented in the student's written learning plan.

A student must make satisfactory progress toward achieving the specific learning goals and performance objectives specified in the student's written learning plan. If the student does not make satisfactory progress, the individualize learning school must have in-person instruction available that may be provided by a public school in reasonably close proximity. The mix of individualized learning activities and in-person instruction is flexible and is dependent upon student and parent choice and upon the student making satisfactory academic progress in individualized learning activities.

The supervising teacher will evaluate the educational progress of each student at least once a month. The results must be communicated to the student, the student's mentor, the student's parent or legal guardian. If it is determined that the student failed to make satisfactory progress or failed to follow the student’s written learning plan, the teacher must develop an intervention plan for the student. If the student continues to make less-than-satisfactory progress after three consecutive months despite an intervention plan, the teacher must develop and implement an amended written learning plan that includes a course of study designed to meet the student's needs more appropriately.

The Education/Higher Education Issues Group recommends an AMEND stance on HB23-1188. We call for two revisions.

Proposed Amendment: First, the supervising teacher shall be required to evaluate the educational progress of the student every two weeks. Additionally, to avoid the student’s unreasonably prolonged period of academic failure to make satisfactory progress once an intervention plan is implemented, the supervising teacher shall be required to evaluate the student progress monthly. If the student continues to demonstrate less than satisfactory academic progress with the personalized intervention plan after two months, the recourse should include increased in-person instruction and a revised intervention program that better meets the student’s needs while retaining the specific instructional goals and objectives in the student’s learning plan.

The Colorado League believes in equalizing educational opportunity; equity for students… and school districts. Programs for students with special needs should be established, and assurances should be made regarding the availability of adequate facilities. The state legislature may establish base level expectations in the areas of discipline and academic achievement to ensure consistency and equity across the state.

After reviewing amendments made in committee, LWVCO has decided to Oppose this bill.

The bill authorizes a public school or a charter school that is
permitted by its charter authorizer to offer an individualized learning
program or become an individualized learning school.
Individualized learning includes a course of instruction or
grade-level course work that is:
  • Provided, in whole or in part, independently from a regular
classroom setting or schedule;
  • Supervised, monitored, assessed, evaluated, and
documented by a teacher employed by an individualized
learning school or a public school that offers an
individualized learning program; and
  • Documented in the student's written learning plan.
The bill requires each charter school application to identify
whether the proposed charter school will offer an individualized learning
program or become an individualized learning school.
The bill authorizes an existing charter school to request to amend
the charter contract to allow the charter school to offer an individualized
learning program or propose to become an individualized learning school
either in connection with the charter-renewal process or pursuant to an
agreement with the charter authorizer that the charter school will submit
a written plan for becoming an individualized learning school.
The bill requires an individualized learning school to operate as
part of, or within reasonable proximity to, a public school that serves
students enrolled in the individualized learning program.
The bill requires an individualized learning school or an
individualized learning program to be open for enrollment to any student
whose residence is within reasonable distance of the school or program
that will permit the student to attend the school in person on a daily basis,
if needed.
The bill requires each student enrolled in an individualized
learning school or individualized learning program to have a written
learning plan that is designed to meet the student's individual educational
needs.
The bill requires direct personal contact between a teacher and
each student to take place at least once per school week.
The bill requires a teacher to evaluate the educational progress of
each student enrolled in an individualized learning school or
individualized learning program at least once a month during the student's
enrollment. If the teacher determines the student failed to make
satisfactory progress or failed to follow the student's written learning
plan, the bill requires the teacher to develop an intervention plan for the
student. If the student continues to make less-than-satisfactory progress
after 3 consecutive months despite an intervention plan, the bill requires
the teacher to develop and implement an amended written learning plan
that includes a course of study designed to meet the student's needs more
appropriately.
The bill requires individualized learning to be overseen by a chief
academic officer who is appointed by the individualized learning school
or public school that offers an individualized learning program.
For the 2023-24 and 2024-25 state fiscal years, the bill requires an
individualized learning entity to receive public school funding if a student
is enrolled in an individualized learning entity that was operating on or
before the effective date of this act; was enrolled in a public school the
preceding academic school year; was not enrolled in a private school or
participating in a nonpublic home-based education program the preceding
school year; or is enrolling for the first time as a kindergarten or
first-grade student or has recently moved to Colorado and is enrolling for
the first time as a Colorado resident in any grade level. Beginning with
the 2025-26 state fiscal year, the bill requires an individualized learning
school to receive public school funding in the manner and to the degree
that applies to any student enrolled in a public school.

• March 23, 2023: House Education Committee Report
• March 23, 2023: House Education Committee Report

Children in public schools, state-licensed childcare centers, family childcare homes, or  specialized group facilities, should have the same protections against corporal punishment that are enjoyed by other people. This bill prohibits anyone employed by or volunteering in a public school or state-licensed childcare setting from inflicting corporate punishment or willfully causing pain on children in these facilities.  Corporate punishment does not include: an amount of force that is reasonable and necessary to quell a disturbance that threatens physical injury to adults or other children or damage to property, is necessary for self-defense, or used to obtain possession of a weapon or other dangerous object within the control of a child. Additionally, it does not include physical pain or discomfort caused by athletic competition or other similar voluntary physical activity.

In consultation with a full array of stakeholders including student representatives and appropriate specialists, school districts and charter school boards of education must either develop and implement or review and revise a safe school plan that includes a conduct and discipline code that is uniformly, fairly, and consistently enforced. The code must include the policies and procedures for appropriate physical intervention or force. In addition to everyone employed or volunteering at the settings, all students from pre-school through high school must receive a copy of the safe school plan.

We recommend a SUPPORT STANCE because the League believes the state legislature may establish base level expectations in the areas of discipline…to ensure consistency and equity across the state. Additionally, the local school districts should bear the primary responsibilities for establishing discipline policies… Finally, the League holds the view that the school must provide a safe environment where learning can and does happen.

The bill prohibits a person employed by or volunteering in a public
school, a state-licensed child care center, a family child care home, or a
specialized group facility from imposing corporal punishment on a child.
The bill defines corporal punishment as the willful infliction of, or
willfully causing the infliction of, physical pain on a child.

• March 22, 2023: Senate Education Committee Report
• March 22, 2023: Senate Education Committee Report
• March 09, 2023: House Education Committee Report
• March 09, 2023: House Education Committee Report

This bill creates a teacher externship program administered by the Department of Labor & Employment (DLE). The program aims to provide work-based learning opportunities for K-12 public school teachers, who could bring experience gained in science- and technology-based workplaces back to their classrooms, updating curriculum for real-world applications and better preparing students for a modern workplace, as well as broadening students’ awareness of STEM-based careers, job opportunities, and internships. Though the bill does not specify time frames for externships, the bill sponsor envisions participating teachers spending 1-8 weeks with a participating employer during summer months, so as not to interfere with the teachers’ classroom assignments. This program would specifically target K-12 STEM teachers, but teachers in other disciplines may participate at the discretion of their school districts. Participating teachers would be paid for time spent in the participating employer’s workplace, either receiving compensation from the school district or the participating employer. Based on this job experience, participating teachers may also apply for professional development credit and graduate school credits as a way of partially fulfilling license renewal requirements. An amendment clarifies that teachers at charter schools will be eligible to participate.

The bill also creates a tax credit for tax years 2024 through 2028 for employers who host teachers on externships. To incentivize employers, the DLE may allocate money directly to school districts for teacher compensation and to work-based intermediaries to defray costs associated with placing teachers in externships, OR an employer can claim a tax credit for accepting a teacher on an externship. The tax credit is meant to encourage employers to participate as well as reimburse them for 100% of costs incurred in hosting externship positions to teachers for periods up to 8 weeks in length.

The DLE will work with the Colorado Department of Education to identify appropriate employers to offer externship positions. These departments will also collaborate to set minimum standards for the program, such as number of hours required, teacher qualifications for participation, and terms for the employer tax credit. The DLE may seek and accept donations, gifts, and grants to be allocated to school districts to be used to compensate participating teachers.

The DLE will compile data on this program, including numbers of employers and teachers participating, names of participating school districts, and feedback from participants. Collected data will be made public on the DLE’s website.

Fiscal Note: Impacts State Revenue, State Expenditure, TABOR Refund, and School District. The fiscal note assumes about 50 employers and about 200 teachers participating in 2024, with participation of both teachers and employers growing through 2028 – the period when the tax credit will be available. At least 360 teachers are expected to participate by 2026. The projection also assumes externships will usually be 2-6 weeks in duration, with teachers working 40 hours/week at $25/hour. It has not yet been established whether wages an employer pays to teachers on externship will be eligible for the tax credit. If it turns out wages will not be eligible, the budget impact will be less than projected.

State Expenditure: Requires 2.0 FTE, costing about $213,050/year, paid by General Fund, an initial Dept of Revenue tax programming expenditure of $20,616 and ongoing annual tax management expenditures of $7,392.

Revenue impact: Reduces General Fund revenue by $540,000 over 6 months in FY 2023-24, by $1.3M in FY 2024-25, by $1.7M in FY 2025-26, and by $2.1M in FY 2026-27.

Reduces corporate and individual income tax revenue, which is subject to TABOR.

Related League Positions: The aims of this bill align with League positions on equality of opportunity and federal, state, and local government responsibility to provide a quality education to all children from pre-K through grade 12 (LWV Impact on Issues, 2022-2024, p. 122). Specific to this bill, the League supports:

– Programs in basic education, occupational education, and retraining when needed at any point of an individual’s working career (LWV Impact on Issues, 2022-2024, p. 123).

– Expanded opportunities in apprenticeship and on-the-job training programs (LWV Impact on Issues, 2022-2024, p. 123).

The bill requires the department of labor and employment
(department) to establish a teacher externship program to allow
kindergarten through twelfth grade public school teachers (K-12 teachers)
to participate in experiential learning opportunities with employers,
outside of the school environment, to gain knowledge and expand their
curriculum in the science, technology, engineering, and mathematics
disciplines and other disciplines that may be of value to a particular
school district.
The department is required to work with the department of
education to select appropriate employers to participate in the externship
program. Employers may be eligible for a tax credit for participation in
the externship program. A K-12 teacher who participates in the externship
program may receive compensation from the applicable school district or
from the employer providing the externship and may apply for
professional development credit and graduate school credits as part of the
teacher license renewal requirements.
The director of the division of employment and training in the
department is authorized to seek and accept gifts, grants, and donations
for allocation to school districts for compensation for teachers who
participate in an externship.
The bill requires the department to compile and report data on the
externship program on an annual basis.
The bill creates a tax credit for employers that participate in the
externship program.

• May 05, 2023: Senate Appropriations Committee Report
• May 04, 2023: Senate Finance Committee Report
• April 28, 2023: House Appropriations Committee Report
• March 16, 2023: House Finance Committee Report
• March 16, 2023: House Finance Committee Report
• March 08, 2023: House Education Committee Report
• March 08, 2023: House Education Committee Report

Current law requires the department of education (department) to
award an annual stipend of $1,600 to teachers, school counselors,
principals, and school psychologists who hold national board certification
and who are employed by a school district, board of cooperative services,
charter school of a school district, or an institute charter school (local
education provider). The bill extends the $1,600 stipend to qualified
librarians and school social workers who hold national board certification
and who are employed by a local education provider.
Current law allows the department to award an additional $3,200
annual stipend to teachers, principals, school counselors, and school
psychologists who are employed in a low-performing, high-needs school.
The bill allows the department to also extend an additional $3,200 stipend
to librarians or school social workers who are employed in a
low-performing, high-needs school. The additional $3,200 stipend is also
extended to teachers, librarians, school counselors, school psychologists,
or school social workers (national board-certified educators) who are
employed in a rural school district. The bill allows the department to
extend an additional $3,200 stipend to national board-certified educators
who are employed as math teachers in any school.
If a national board-certified educator transfers employment from
one low-performing, high-needs school or rural school district to another
low-performing, high-needs school or rural school district, the educator
remains eligible for the additional stipend. However, if a national
board-certified educator leaves employment with a low-performing,
high-needs school or rural school district, the educator is no longer
eligible for the additional stipend.
If a national board-certified math teacher transfers schools as a
math teacher, the educator remains eligible for the additional stipend.
However, if a national board-certified educator who is a math teacher
stops teaching math, the educator is no longer eligible for the additional
stipend.
If there are insufficient funds, the department shall reduce the
amount of each stipend by the same percentage that the deficit bears to
the amount required to fully fund the total number of national
board-certified educators who qualify for the stipend.
A national board-certified educator who is employed as a principal
or an administrator in a school and maintains a national certification is
eligible for a stipend.

• March 08, 2023: House Education Committee Report
• March 08, 2023: House Education Committee Report

Teachers spend their own funds to cover an array of miscellaneous expenses for supplies, field trips and more. This bill would allow an eligible public school teacher who is a full time, licensed teacher and has taught for at least one-half of an academic year to claim a $1000 tax credit for income tax years beginning January 1, 2023, thru January 1, 2027. An eligible teacher who teaches half a year can claim a $500 tax credit. If the amount of the credit exceeds the eligible teacher's income taxes due, then the additional amount will be refunded to the teacher.

The League believes a state finance system should provide enough funds for public schools. This includes teacher pay. Colorado ranks 28th in the nation. Teachers who live close to the Wyoming or New Mexico borders can earn higher salaries teaching in those states then in Colorado.

For income tax years commencing on or after January 1, 2023, but
before January 1, 2027, the bill allows a refundable state income tax
credit, which is intended to offset the various expenses that licensed
teachers often incur throughout an academic year for classroom supplies,
professional development costs, supplemental educational materials, field
trips, and other items that improve the quality of the educational services
that they provide, to a licensed teacher who is employed as a teacher in
a public school on a full-time basis for at least one-half of an academic
year (eligible teacher) during the income tax year for which the credit is
claimed. The amount of the credit is $1,000 for an eligible teacher who
is employed for the equivalent of an entire academic year and $500 for a
teacher who is employed for one-half of an academic year. Two eligible
teachers who file a joint income tax return may each claim the credit.

• April 03, 2023: House Finance Committee Report
• April 03, 2023: House Finance Committee Report
• March 23, 2023: House Education Committee Report
• March 23, 2023: House Education Committee Report

Current law requires that a child with a disability be provided with
an individualized education program (IEP), developed by a
multidisciplinary team that includes the child's parents or guardians. The
bill requires the department of education to use the existing special
education data and information system to track the provision of language
translation services related to IEPs and include such data as part of its
annual SMART Act hearing.

• March 09, 2023: House Education Committee Report
• March 09, 2023: House Education Committee Report

This bill creates a pilot program called the Apprenticeship Navigator Pilot Program operated by the Office of Future Work (OFW) in the Department of Labor & Employment. The pilot program will employ 2 full-time “apprenticeship navigators,” who will be assigned to 2 different school districts selected for the pilot program by the OFW. The apprenticeship navigators will work within their assigned school districts to promote awareness of apprenticeship opportunities among graduating high school students and coach those students in exploring opportunities that interest them. The OFW will also promote apprenticeship opportunities by creating a website to house apprenticeship information, maintaining postings of current opportunities there, and integrating apprenticeship pathways in the state’s career planning tools.

League Positions: The aims of this bill align with League positions on equality of opportunity and federal, state, and local government responsibility to provide a quality education to all children from pre-K through grade 12 (LWV Impact on Issues, 2022-2024, p. 122). Specific to this bill, the League supports:

• Equal access to education and employment and expanded opportunities in apprenticeship and on-the-job training programs (LWV Impact on Issues, 2022-2024, p. 123).
• Programs that assist people in becoming self-supporting, contributing members of society (LWV Impact on Issues, 2022-2024, p. 123).
• Research, pilot projects, and continuing evaluation and building these into programs, where feasible (LWV Impact on Issues, 2022-2024, p. 124).

The AFL-CIO, the Colorado Education Association, and various contractors’ associations support this bill. Other groups are monitoring or asking for amendments.

The bill directs the office of future of work (office) in the
department of labor and employment to create an apprenticeship
navigator pilot program (program) with 2 full-time apprenticeship
navigators, with each apprenticeship navigator assigned to a different
school district selected by the office. The purpose of the program is to
increase awareness of registered apprenticeship programs among
graduating high school students in the selected school districts.
The bill also directs the office to promote apprenticeship programs
to high school students by creating and maintaining a web-based job
board of apprenticeships and incorporating apprenticeships in the state's
career planning tools.

• May 01, 2023: Senate Appropriations Committee Report
• April 24, 2023: Senate Education Committee Report
• April 14, 2023: House Appropriations Committee Report
• March 23, 2023: House Education Committee Report
• March 23, 2023: House Education Committee Report

This bipartisan bill requires a wide range of programs, policies, and procedures be established at every level of education administration, from the Colorado Dept of Education (CDE) down through school districts and local boards of education, individual schools, and community learning centers, with the aim of improving student achievement in mathematics at every grade level, from pre-Kindergarten through 12th grade. Required measures are intended to give students at every grade level, including pre-K and elementary, the support they, their teachers, their families, and their communities need to improve student achievement in mathematics. The bill’s provisions emphasize evidence-based interventions that target struggling students, students with disabilities, and students who are English language learners. Major provisions are:

– CDE will provide free, optional professional development to teachers in evidence-based math instruction using a train-the-trainer model, with differentiated customizations for elementary-level and secondary-level math instruction. State teacher preparation programs will train elementary school teacher-candidates and secondary math teacher-candidates in proven intervention techniques to improve math achievement.

– Creates an entirely new Colorado Academic Accelerator Grant Program to fund community learning centers that, in partnership with local schools, will provide academic support to students, especially in STEM subjects, outside of school hours. Amends the existing 9th-Grade Success Grant Program to favor applicants whose programming focuses on using proven methods to improve math achievement of students/schools with the greatest needs.

– CDE is also required to provide technical assistance to rural school districts and small rural school districts. CDE will also publish and actively maintain a list of proven curricula and assessment options, as well as maintain a repository of proven interventions on its website, which parents could access remotely.

– School districts, local boards, and schools are encouraged to identify student deficits, notify parents of achievement below expectations, and offer tutoring referrals, supplemental materials, at-home intervention plans, or training for parents on ways to help their children. Administrative components of low-performing schools are required to establish strategies to increase the number of students who meet grade-level expectations in mathematics.

– Results of these measures will be reported by appropriate elements to CDE and CDE will make annual status reports to the General Assembly, State Board of Education, and Governor.

Funding/Fiscal Note: No fiscal note available yet, but the bill stipulates that the General Assembly must allocate $25M to the CDE in budget year 2023-24 to fund bill provisions, authorizing the CDE to spend the funds continuously through budget year 2026-27. Any funds remaining at the end of budget year 2026-27 will go back to the General Fund. 

Lobbyists: A number of associations and advocacy groups support this bill. The Colorado Association of School Boards is taking an Amend stance.

League Positions: The Education/Higher Education Issues Group recommends a SUPPORT stance based on several League positions that align with components of this bill. The League believes in supporting a stronger leadership role for the Colorado Department of Education to promote educational improvements (LWVCO Positions for Action, 2022-23, p. 12);

– We believe in supporting a state finance system that would provide enough funds for public schools to equalize educational opportunity … Objectives should include support for high-cost programs for students with special needs (Ibid., 34)

– We support measures which promote, help, and encourage families to prepare students to meet academic standards (Ibid., 68) 

– We believe preschool, elementary, secondary, and postsecondary education should be viewed as a continuum leading to lifelong learning. Access and persistence begin with preparation during preschool through grade 12. Objectives should include: … developing programs, including mentoring, that facilitate positive engagement in learning, use a variety of community resources to support students socially and emotionally, and improve academic performance. (Ibid., 72)

– We believe in programs in basic education, occupational education, and retraining when needed at any point of an individual’s working career. (LWVUS Impact on Issues, 2022-24, p. 123)

LWVCO suppports this bill.

The bill requires the department of education (department), by
January 2024, to make available free optional trainings in evidence-based
practices in mathematics, including a training specifically designed for
elementary school educators and a training specifically designed for
secondary school mathematics educators. Each training must include
interventions to help students who are below grade level or struggling in
mathematics, children with disabilities, and students who are English
language learners. The training is available to relevant staff of school
districts, related administrative units, district charter schools, institute
charter schools, boards of cooperative services, and community-based
organizations.
School district boards of education and institute charter schools are
strongly encouraged to adopt procedures for schools to provide support
to students in pre-kindergarten through twelfth grade and students'
families to improve mathematics outcomes. Procedures may include:
  • Identifying students who are below grade level or
struggling in mathematics based on academic assessments;
  • Notifying the parents, guardians, or legal custodians if a
student is below grade level or struggling in mathematics;
  • Providing parents, guardians, or legal custodians with a list
of interventions to assist with mathematics at home,
including any state-approved curriculum options, referrals
for mathematics tutoring, or other intervention
opportunities, when applicable;
  • Publishing mathematics curricula annually, including
supplemental curricula or interventions; and
  • Implementing train-the-trainer or train-the-parent
framework plans to improve mathematics achievements for
students.
The bill creates the Colorado academic accelerator grant program
(grant program). The purpose of the grant program is to create community
learning centers that:
  • Provide opportunities for academic enrichment and support
activities during nonschool hours, periods when school is
not in session, or during extended learning hours, including
tutorial services; and
  • Offer families of students opportunities for engagement in
students' education, including opportunities for
mathematics literacy and related educational development.
Eligible entities that apply to the grant program are selected for a
grant that runs for a period of 3 years. The department shall prioritize
eligible entities that:
  • Adopt intervention strategies;
  • Use evidence-informed and evidence-based programs that
build student skills in STEM and mathematics;
  • Use digital math accelerator programs;
  • Serve high-needs students, as determined by the
department; or
  • Have an established presence and relationship in the
community.
The bill requires school districts, public schools, the state charter
school institute, and institute charter schools that are on an improvement
plan, priority improvement plan, or a turnaround plan to identify
strategies to address the needs of students who are below grade level or
struggling in mathematics and set or revise, as appropriate, ambitious but
attainable targets that the public school shall attain in reducing the
number of students who are below grade level or struggling in
mathematics to increase the number of students who achieve grade-level
expectations in mathematics.
The bill amends the ninth-grade success grant program and
requires the department to prioritize applicants that propose programming
focused on evidence-based mathematics skills and intervention strategies,
including a focus on students who are below grade level or struggling in
mathematics and have academic achievement levels in mathematics that
are consistently ranked the lowest for public high schools in the state, as
determined by the department.
The bill includes a requirement that elementary and secondary
school mathematics teacher candidates of educator preparation programs
be trained in evidence-based practices in mathematics, including
interventions to help students who are below grade level or struggling in
mathematics, children with disabilities, and students who are English
language learners.
The bill includes early numeracy as part of the continuing
professional development requirements for teachers employed by a
preschool provider. The department of early childhood shall include early
numeracy as a subject matter area in the resource bank of preschool
curricula for use by preschool providers.

• April 28, 2023: Senate Appropriations Committee Report
• April 24, 2023: Senate Education Committee Report
• April 10, 2023: House Appropriations Committee Report
• April 10, 2023: House Appropriations Committee Report
• March 16, 2023: House Education Committee Report
• March 16, 2023: House Education Committee Report

League Positions:

LWVCO believes the state legislature may establish base level expectations in academic
achievement to ensure consistency and equity across the state. Additionally, the Colorado Board of Education should bear primary responsibility for required levels of academic achievement. The League supports a Colorado Department of Education that would take a stronger leadership role to provide better service and which…would encourage educational improvement. Finally, LWVUS holds the view that the federal government should provide a combination of competitive grants and non-competitive funding to states and local school districts to achieve equity among states and populations.

Summary:

The findings of the 2022 performance audit of the statewide education accountability systems that showed inequities in Colorado’s elementary and secondary education assessment and accountability system.  This bill promotes local accountability and assessment systems that includes teacher input and design and acknowledges community input and desires. Local assessment systems should reflect a more complete picture of student learning. A local assessment and accountability system would comprise formative assessments, performance-based assessments, and summative assessments.

This bill’s intent is to reduce federally mandated standardized assessment. Thus, when a local service provider (LEP) requests an assessment waiver, the Colorado Department of Education would authorize the minimum amount of standardized assessment as is practical to meet the requirements. At the same time CDE should encourage and facilitate local education providers to develop formative and summative assessments, and accountability systems for their elementary and secondary schools.

To facilitate this work, CDE will apply for a US Dept. of Education competitive grant for state assessments. These funds can be used by CDE to give support to Local Education Providers (LEP) as create their assessment systems. A pilot geographically and demographically diverse network of schools and LEPs will develop and implement performance-based assessments and scoring rubrics as their primary assessment tools with the goal of creating a statewide assessment and accountability system. The successful assessments will be included in a resource bank for schools across Colorado. Finally, professional development in effective assessment practices will be provided to teachers through collaborations with higher education.

Fiscal note:  The bill increases state expenditures in the CDE by $120,797 in FY 2023-24, and $1.2 million in FY 2024-25, paid from the General Fund.

 A special session of the Colorado State Board of Education was held on March 24 with a discussion of this bill on the agenda. The Colorado Commissioner of Education Katy Anthes provided background information for consideration.

She, the Board members, and advisors identified problematic sections of the bill:

• There is no current federal process to waive the required assessments and replace them with the sampling methods listed;
• The Colorado Dept. of Education cannot let districts choose to assess at the minimum of federal law due to Colorado has state laws with their assessment requirements.

• Federal Civil Rights Act mandates states to identify underserved groups and identify the disparities. This would not work without assessment results that are comparable across schools, districts, and states.
• Regarding the federal assessment grant…the grant application needs to clearly describe the applicant’s (state) vision, prior work to lead to the grant application, articulated goals for moving forward, as well as the support the applicant has for the application. The task force Study of the Accountability System in HB23-1241 will yield the results needed in a grant proposal.
• There are potential conflicts with the Colorado Read Act assessments that identify dyslexia.
• The Fiscal Note will increase if the federal grant is not awarded to the state, because this bill requires the work to be done and funded with no mention of what happens if the state is not awarded it.
• This bill is not written in a clear and focused manner and tries to do too much.

Although this bill has some aspects of assessment that are worthwhile, LWVCO believes there are too many problems with this bill and therefore we Oppose. 

The bill requires the department of education (department) to cap
standardized summative assessments administered to the minimum extent
possible, if requested by the local education provider.
The bill requires the department to apply for a federal waiver for
federal assessment requirements.
The bill requires the department to support, through various
means, local education providers and schools to innovate new
assessments.

• April 20, 2023: House Education Committee Report

Status: Introduced 3/11/23. First hearing in House Education Committee March 29, after adjournment.

House Sponsors: S. Bird (D), Senate Sponsors: R. Zenzinger (D)

Summary: This bill creates the Accountability, Accreditation, Student Performance, and Resource Inequity Task Force, which will conduct a statewide study of the K-12 education systems, with an eye toward identifying and addressing resource inequities that affect student performance. The task force will begin work by September 1, 2023, and convene at least 10 times, submitting an interim report by March 1, 2024, and concluding work with the submission of a final report by November 15, 2024. A team comprising General Assembly leaders, the Governor, and the Department of Education (CDE) will appoint 25 task force members, who will be drawn from statewide education organizations, the State Board of Education (CBOE), school district board of education members, superintendents, principals, and teachers. The CDE will provide all data the task force needs to analyze and will contract a neutral facilitator to guide the task force in conducting the study. The facilitator will have no affiliation with an education organization that has a member fill a seat on the task force. The facilitator will also draft the task force’s interim and final reports, which will summarize findings and offer recommendations to the House and Senate Education Committees, the Governor, the CBOE, the Commissioner of Education, and the CDE. Task force members will not be compensated, but may have travel expenses reimbursed. Members will have the option to join meetings by remote connection. At a minimum, the task force will consider:

• Academic opportunities or inequities that may contribute to academic achievement gaps;
• Ways to improve the accountability and accreditation systems to expand and incentivize the creation of academic opportunities to address inequities;
• Promising practices in schools and school districts (possibly including comparison to other states);
• Recommendations for rules or legislation, as warranted.

Fiscal Note: not available yet

League Positions: The Education/Higher Education Issues Group recommends a SUPPORT stance based on League positions that align with the purpose of this bill. The League supports equal access to education (LWVUS Impact on Issues, 2022-2024, p. 14); the League believes in equalizing educational opportunity; equity for students, taxpayers, and school districts; programs for students with special needs; incentives for efficiency and effectiveness including cooperation among school districts; and assuring the availability of adequate facilities. (LWVCO Positions for Action, 2022-23, p. 68); and the League believes in a Colorado Department of Education that would take a stronger leadership role to provide better service and which, using persuasion and incentives, would encourage educational improvement. (Ibid., p. 68)

LWVCO Supports this bill.

The bill creates the accountability, accreditation, student
performance, and resource inequity task force (task force) to study
academic opportunities, inequities, promising practices in schools, and
improvements to the accountability and accreditation system.
The bill requires the speaker and minority leader of the house of
representatives, the president and minority leader of the senate, the
governor, and the department of education (department) to appoint
members to the task force no later than July 1, 2023. The task force
consists of 25 members, including members who represent statewide
education organizations, the department, the state board of education
(state board), school district board of education members,
superintendents, principals, and teachers.
The bill requires the department to enter into a contract with a
facilitator to guide the work of the task force no later than August 15,
2023. The facilitator shall draft an interim report and final report.
The task force is required to submit an interim report by March 1,
2024, and a final report by November 15, 2024, reflecting its findings and
recommendations to the education committees of the house of
representatives and senate, the governor, the state board, the
commissioner of education, and the department.

• April 28, 2023: Senate Appropriations Committee Report
• April 26, 2023: Senate Education Committee Report
• April 14, 2023: House Appropriations Committee Report
• March 29, 2023: House Education Committee Report
• March 29, 2023: House Education Committee Report

Rationale

HB23 1263 has important JEDI implications as well as being supported by the League’s education positions. The Colorado League supports measures which promote, help, and encourage families to prepare students to meet academic standards. We promote equalizing educational opportunity with equity for students, taxpayers, and school districts. The Colorado League acknowledges the necessity for equitable programs for students with special needs. In addition, the national League believes government has the responsibility to provide an equitable, quality public education for all children from pre-K through grade 12. A high quality and equitable public education is essential for a strong, viable, and sustainable democratic society and is a civil right.

Summary:

State statute requires that a child who qualifies for special education services have an Individualize Education Program (IEP), and parents/legal guardians are part of the multidisciplinary team who develops a student’s IEP. When creating an IEP for English Language Learners, the IEP team must consider the student’s specific communication needs and address them with related services and program options that provide the child with an appropriate and equal opportunity for communication access.

Currently, school districts cover the costs necessary to meaningfully engage families whose children require an IEP. When school districts add translation services to the IEP process as delineated in HB 1263, Colorado school district can then access resources from the state to support the translation of IEPs. School districts may provide translation of the IEP draft and must provide final draft documents that have been translated into the home language. Translated documents can foster increased engagement between parents or guardians and critical school district partners.

LWVCO Supports this bill.

The bill permits the multidisciplinary team that creates an
individualized education program (IEP) for a child, who may be eligible
for special education services, to translate the IEP draft documents into
the dominant language spoken in the home of the child's parent, guardian,
or legal custodian. The bill requires the multidisciplinary team to translate
the final IEP document into the dominant language spoken in the home
of the child's parent, guardian, or legal custodian.

• April 24, 2023: Senate Education Committee Report
• April 10, 2023: House Education Committee Report
• April 10, 2023: House Education Committee Report

According to the U.S. Department of Education, minorities and students with limited English proficiency are disciplined in school at higher rates than their White peers, and expulsions put students at a higher risk for negative life outcomes, including involvement in the criminal justice system. Increased awareness in hearing officers of their own unconscious biases, how to manage these biases, and appropriate ways to adjust their behaviors is predicted to lead to sustainable, long-term structural changes to expulsion policies and procedures.

This bill adds details to statute not previously delineated regarding (a) the training program for the school expulsion hearing officers, (b) steps to be taken to avoid conflicts of interest for hearing officers, and (c) potential opportunities for bias.

Because the hearing officer must be impartial and not have a conflict of interest, the executive or hearing officer cannot be the investigating officer or the reporting officer. Within 30 days of starting as hearing officers, they must receive training on how to serve impartially. They must also participate in annual training on school discipline updates and alternative discipline approaches. The training program must include information on (a) child and adolescent brain development; (b) restorative justice; (c) alternatives to expulsion; (d) trauma-informed practices; (e) conflict and bias in discipline, suspension, and expulsion; and (f) the requirements and implementation of applicable federal and state laws.

The Colorado League believes the state legislature may establish base level expectations in the areas of discipline and academic achievement to ensure consistency and equity across the state. Additionally, local school districts should bear the primary responsibilities for establishing discipline policies. The League supports a juvenile justice system that has as its primary purpose the rehabilitation, safety, and well-being of the offender, while helping to ensure the safety of the school community. The League believes in pursuing fair and impartial treatment of all offenders with programs that are age and gender appropriate. This bill addresses JEDI factors that need to be taken into account as school expulsion proceedings occur.

LWVCO supports this bill.

The bill clarifies the school expulsion hearing (hearing) process,
including the following:
  • A school district has the burden of proving by a
preponderance of the evidence that a student violated state
law and the school district's policy, that alternative
remedies were not appropriate, and that excluding the
student from school through expulsion or denial of
admission is necessary to preserve the learning
environment;
  • A school district is required to provide all records that the
school district intends to use as supporting evidence for
expulsion or denial of admission to the student or the
student's parent, guardian, or legal custodian at least 2
business days in which school is in session prior to the
hearing; and
  • Hearing officers are required to consider specific factors in
determining findings of fact and recommendations at the
conclusion of a hearing.
A hearing officer must not have a conflict of interest with regard
to a student under consideration for expulsion or denial of admission, or
towards any alleged victim. A hearing officer who has an unavoidable
conflict of interest, but must continue to serve as a hearing officer, is
required to provide proof of training on conflict of interest and bias and
provide evidence that the conflict of interest is unavoidable.
The bill requires the department of education (department), on or
before June 30, 2024, to create and maintain an online training program
for hearing officers who conduct expulsion hearings and school
administrators. Beginning January 1, 2025, hearing officers are required
to complete an initial 5-hour training program within 30 days after the
date the hearing officer starts work.
The training program must include information on the following:
  • Child and adolescent brain development;
  • Restorative justice;
  • Alternatives to expulsion;
  • Trauma-informed practices;
  • Conflict and bias in discipline, suspension, and expulsion;
and
  • The requirements and implementation of applicable federal
and state laws.
School districts, district charter schools authorized to expel or
suspend students, or the state charter school institute may waive the use
of the department's training program but shall provide a training program
to hearing officers and school administrators that meets or exceeds the
requirements of the department's training program.
The bill clarifies the judicial proceedings process available to a
student or the student's parents, guardians, or legal custodians to set aside
the school district board of education's decision to expel or deny
admission to the student.

• May 04, 2023: Senate Appropriations Committee Report
• May 03, 2023: Senate State, Veterans, & Military Affairs Committee Report
• April 28, 2023: House Appropriations Committee Report
• April 20, 2023: House Education Committee Report

Wildfire Matters Review Committee. Section 1 of the bill
directs the Colorado state forest service (state forest service) to consult
with other entities to develop educational materials relating to career
opportunities in forestry and wildfire mitigation for distribution to high
school guidance counselors to provide to high school students.
Section 2 creates the timber, forest health, and wildfire mitigation
industries workforce development program (development program) in the
state forest service. The development program provides partial
reimbursement to timber businesses and forest health or wildfire
mitigation entities for the costs of hiring interns.
Section 3 requires the state treasurer, on June 30, 2023, and on
June 30 each year thereafter, to transfer $1 million from the general fund
to the wildfire mitigation capacity development fund for allowable uses
of the fund.
Sections 4, 5, and 6 authorize the expansion of existing forestry
programs, including wildfire mitigation, and the creation of a new
forestry program within the community college system and at Colorado
mountain college (forestry programs). The bill provides for the
acquisition of a harvesting simulator to train students, which may be
shared among the forestry programs. The bill includes funding for the
forestry programs within the community college system and at Colorado
mountain college through limited purpose fee-for-service contracts and
grants.
Section 7 directs the state board for community colleges and
occupational education (board) to administer the recruitment of wildland
fire prevention and mitigation educators program (recruiting program) to
increase the number of qualified educators at community colleges, area
technical colleges, and local district colleges that deliver a wildfire
prevention and mitigation program or course. The bill appropriates
$250,000 from the general fund for the 2023-24 and for the 2024-25 state
fiscal years for the recruiting program.
1

• April 21, 2023: House Appropriations Committee Report
• April 17, 2023: House Agriculture, Water & Natural Resources Committee Report
• April 11, 2023: Senate Appropriations Committee Report
• January 26, 2023: L.001 Senate Agriculture & Natural
• January 26, 2023: Senate Agriculture & Natural Resources Committee Report
• January 26, 2023: Senate Agriculture & Natural Resources Committee Report

Colorado Youth Advisory Council Committee. The bill requires
each school district board of education, institute charter school board for
a charter school authorized by the state charter school institute, or
governing board of a board of cooperative services (BOCES) to adopt a
policy to address disproportionate disciplinary practices in public schools.
Each school district, charter school, institute charter school, or BOCES
(local education provider) shall develop, implement, and annually review
improvement plans if the data reported to the department of education
pursuant to the safe school reporting requirements shows disproportionate
discipline practices at the local education provider. In implementing an
improvement plan to address disproportionate discipline practices, each
local education provider shall provide to the parents of the students
enrolled in the school written notice of the improvement plan and issues
identified by the local education provider as giving rise to the need for the
plan. The written notice must include the timeline for developing and
adopting the improvement plan and the dates, times, and locations of the
public meeting to solicit input from parents concerning disproportionate
discipline and the contents of the plan before the plan is written and a
public hearing to review the plan prior to final adoption.
Current law encourages school districts to consider certain factors
before suspending or expelling a student. The bill requires school districts
to consider those factors before suspending or expelling a student.
The bill requires school districts to document in a student's record
and compile in the safe school report any alternative disciplinary attempts
before suspending or expelling a student.

• April 28, 2023: House Appropriations Committee Report
• April 27, 2023: House Education Committee Report
• April 11, 2023: Senate Appropriations Committee Report
• March 22, 2023: Senate Education Committee Report
• March 22, 2023: Senate Education Committee Report

This bill back dates the eliminates administering a statewide required statewide assessment of Social Studies at all grade levels. Previously Social Studies Assessment used the CMAS assessment – a assessment with an online, multiple choice format. Assessments will continue for English/Language Arts, Mathematics, and Science. Social Studies continue to be assessed at the district, school, and classroom levels.

Background Information:

• Social Studies content areas include: History, Geography, Economics, Civics, and Personal Financial Literacy.
• More demanding and inclusive Social Studies PreK through 12th grade standards were adopted at the end of 2022. It would take 2+ years to develop and validate a new statewide assessment to match the new standards.
• Courses in Social Studies, including Civics, comprise a Colorado high school graduation requirement.
• Social Studies assessment is not mandated to be assessed by Federal law.
• Social Studies is assessed in the PSAT and the SAT college application exams.
• By law, Colorado high school students have not been assessed in Social Studies since 2018 (HB18-1014). This bill would impact elementary and middle school grades.
• Presently, statewide assessment of Social Studies requires only samples 1/3 of elementary and middle school students every 3 years, yielding no growth measurement.
• Most subject areas are not assessed by the CMAS assessments, e.g., world languages, health, computer science.
• The bill requires a reduction in state funding to the Colorado Department of Education of $1,025,521 that would have been allocated to Social Studies assessment.
• Instructional time is increased and student stress is reduced when not administering the Social Studies CMAS. [1 day (4th grade), 3 days (high school)]
• Social Studies assessment has been an “opt-out” standardized assessment. Parents have opted-out having their child take the assessment in large numbers.
• Colorado State Board of Education voted full support for SB23-061.

A declaration amended the bill stating, “The General Assembly declares that eliminated the requirement that the Colorado Department of Education administer a state assessment in Social Studies neither eliminates education standards for instructional areas related to Social Studies nor eliminates the value or significance of Social Studies.”

We ask for an Amend Stance to direct the reduction of appropriations be directed to the State Education Fund.

The League believes the Colorado Board of Education should bear primary responsibility for establishing required levels of academic achievement and graduation requirements. Local districts retain the right to exceed minimum standards set by state-level entities.

The bill eliminates the requirement that the department of
education administer a state assessment in social studies to elementary
and secondary students.

• April 18, 2023: House Appropriations Committee Report
• April 06, 2023: House Education Committee Report
• April 06, 2023: House Education Committee Report
• February 17, 2023: Senate Appropriations Committee Report
• February 17, 2023: Senate Appropriations Committee Report
• February 06, 2023: Senate Education Committee Report
• February 06, 2023: Senate Education Committee Report

Current law does not expressly provide a school district or the state
charter school institute (institute) with legal standing to bring lawsuits
against rules, regulations, or final orders of the state board of education
(state board) issued pursuant to the Colorado Education Accountability
Act of 2009 (act). The bill allows a school district or the institute to seek
judicial review or file a civil action for declaratory relief against rules,
regulations, or final orders of the state board issued pursuant to the act.

• March 01, 2023: Senate Education Committee Report
• March 01, 2023: Senate Education Committee Report

Status: Introduced in late January, picked up several amendments in February. On February 8 it passed the Senate Ed Committee and passed Senate Appropriations on March 10. The full Senate passed the bill on March 15 with a unanimous vote (1 excused) and no further amendments. It is scheduled to be heard by the House Education Committee on April 3, 1:30 pm.

House Sponsors: C. Kipp (D), D. Wilson (R)

Senate Sponsors: M. Baisley (R), J. Marchman (D)

Summary: This bill offers an alternate route to teacher certification by the Colorado Department of Education (CDE) in a program run in collaboration with the US Dept of Labor. It allows the CDE to "authorize apprentices" to substitute teach, student teach, or actually be a teacher of record while pursuing a bachelor's degree, thereby allowing apprentices to earn money while they are completing their bachelor’s degree. Pay must be commensurate with existing pay scales. The program is meant to help boost teacher ranks while also boosting diversity within teacher ranks by making teacher certification more accessible to those who do not yet have a bachelor's degree. The Colorado State Board of Education (CBOE) must select appropriately qualified apprenticeship program sponsors and approve the programs they offer. The CBOE must also establish qualifications and competencies for each level of authorization (i.e., substitute, student teacher, teacher of record). The CDE will establish guidelines and criteria for entering, participating in, and completing the apprenticeship program, and such rules must comply with guidelines the bill sets out to ensure barriers to participation are minimal. Once an applicant is approved, the apprentice teacher will be authorized for employment for 4 years, with the possibility of two 2-year extensions to afford time to finish program requirements.

Funding/Fiscal Note: The bill requires State expenditure and School District expenditure. For FY2023-24, the bill requires a State appropriation of $116,134 to the Dept of Education from the General Fund. The General Fund appropriation for the subsequent FY is estimated at $103,949. The bill increases Colorado Department of Education expenditure by $132,158 in FY2023-24 and $124,581 in FY2024-25.

Lobbyists: The Colorado Association of School Boards, the Colorado Association of School Executives, the State Board of Education, and the Colorado Department of Education support this bill, along with several other education-focused lobbying groups. Many other organizations and school districts are monitoring this bill. No lobbyists so far oppose the bill.

League Positions: The Education/Higher Education Issues Group recommends a SUPPORT stance based on several League positions that align with components of this bill:

• Belief in equal opportunity for education and employment (LWVUS, Impact on Issues, 2022-2024, p. 14)
• Belief that the Colorado Board of Education should establish teacher certification/licensing requirements based on the recommendations of the Colorado Department of Education. (LWVCO Positions for Action, 2022-23, p. 67)
• Belief that the State of Colorado has a responsibility to support its public institutions of higher education and to assist the people of Colorado in attaining a post-secondary education. (LWVCO Positions for Action, 2022-23, p. 12)
• Belief in programs in basic education, occupational education, and retraining when needed at any point of an individual’s working career. (LWVUS Impact on Issues, 2022-24, p. 123)

LWVCO Supports this bill.

As an alternative route to teacher licensure, the bill creates a
teacher degree apprenticeship program (apprenticeship program), which
builds on elements of current alternative teacher licensure programs,
including a bachelor's degree requirement, training programs approved by
the state department of education (CDE), and structured on-the-job
training. The apprenticeship program is run collaboratively with the
United States department of labor apprenticeship office (DOL office) and
utilizes apprentice mentor teachers and apprenticeship program sponsors.
The bill allows CDE to issue a teacher apprenticeship
authorization (authorization) to a person (apprentice) who is employed by
a school district, board of cooperative services, charter school, or institute
charter school (school) who is actively registered in an apprenticeship
program, and who is actively enrolled in an affiliated bachelor's degree
program from an accredited institution. The authorization is valid for 4
years while the apprentice completes the bachelor's degree requirement
of the program. CDE may renew the authorization for 2 years. An
authorization is invalid if the apprentice withdraws from any part of the
apprenticeship program or fails to make satisfactory progress.
Upon application from an entity with expertise in apprenticeship
or teacher preparation, CDE shall authorize the entity to serve as a teacher
apprenticeship program sponsor (sponsor). Applications to serve as a
sponsor must include a proposed work process schedule and related
instruction required by the DOL office. CDE shall review each
application and approve or disapprove the sponsor. If approved, the
sponsor may apply to CDE for approval of an apprenticeship program.
An apprenticeship program must meet the following criteria:
  • Be registered with the DOL office;
  • Incorporate a bachelor's degree program from an accredited
institution in a related field of study relative to the licensure
type; and
  • Incorporate on-the-job training in meaningful and
time-saving ways.
Every 5 years after apprenticeship program approval, CDE shall
consult with the DOL office concerning the federally required audit of the
apprenticeship program to ensure the apprenticeship program continues
to meet requirements.

• April 18, 2023: House Appropriations Committee Report
• April 03, 2023: House Education Committee Report
• April 03, 2023: House Education Committee Report
• March 10, 2023: Senate Appropriations Committee Report
• March 10, 2023: Senate Appropriations Committee Report

Overall, Colorado’s schools are #32 in funding compared to other US states.

This bill has bipartisan support and was submitted by the 2022 Legislative Interim Committee on School Finance. It authorizes an increase in funding from either the General Fund or the State Education Fund for Tier B Special Ed services by an additional $40,203,671. These funds are distributed on a per pupil basis to administrative units for students with specific, identified disabilities known as Tier B funding. Tier B distributions may not exceed $6,000 per student. Tier B consists of students identified with one or more of the following disabilities: visual impairment, including blindness; hearing impairment, including deafness; deaf-blindness; serious emotional disability; autism spectrum disorders; traumatic brain injury; multiple disabilities; and intellectual disability.

Rationale:

The Education Issues Group is asking for a SUPPORT stance for SB 23-099 Special Education Funding, because it addresses one of several areas of underfunding for Colorado Schools that has occurred for years.

LWVCO supports a state finance system that provides enough funds for public schools to equalize educational opportunity. The Colorado school finance system should include the following objectives:
• equity for students and school districts;
• adequate sources of revenue; and,
• support for high-cost programs for students with special needs.

Legislative Interim Committee on School Finance. The bill
increases the required annual appropriation to the department of
education by an additional $40,203,671 to fund children who have one or
more disabilities and receive special education services from a school
district, board of cooperative services, a charter school network, a charter
school collaborative, or the state charter school institute that is providing
educational services to exceptional children.

• April 18, 2023: House Appropriations Committee Report
• April 10, 2023: House Education Committee Report
• April 10, 2023: House Education Committee Report
• March 31, 2023: Senate Appropriations Committee Report
• March 31, 2023: Senate Appropriations Committee Report
• February 06, 2023: Senate Education Committee Report
• February 06, 2023: Senate Education Committee Report

The bill creates the youth mentorship stipend pilot program in the
department of higher education. The program provides money for higher
education tuition and fees to students who provide mentorship services to
an approved youth mentorship organization.

• April 18, 2023: House Appropriations Committee Report
• April 05, 2023: House Education Committee Report
• April 05, 2023: House Education Committee Report
• March 17, 2023: Senate Appropriations Committee Report
• March 17, 2023: Senate Appropriations Committee Report
• March 01, 2023: Senate Education Committee Report
• March 01, 2023: Senate Education Committee Report

The bill implements recommendations from the dyslexia working
group. The bill:
  • Directs school districts, boards of cooperative services,
charter schools, and institute charter schools (local
education providers) to screen for students at risk of
foundational literacy skill deficits;
  • Directs local education providers to provide
evidence-based supplemental instruction and intervention
for children at risk of foundational literacy skill deficits;
  • Requires local education providers to provide the public
and parents information regarding which screening and
interventions the local education provider uses for
foundational literacy skill deficits;
  • Requires the department of education to provide
professional development for local education providers and
the public in evidence-based best practices, including
screening, supplemental instruction, and intervention; and
  • Establishes an independent ombudsman office.

• March 20, 2023: Senate Education Committee Report
• March 20, 2023: Senate Education Committee Report

Summary:

Bonus program is aimed at localities that have minimal or insufficient availability of licensed providers to offer the Colorado Universal Preschool Program. It offers a one-time payment to support and incentivize new preschool providers that have not previously participated in the Colorado state-run preschool program and are registered with the state; and to preserve access to infant and toddler care. If the provider adds licensed infant and toddler care at their facility, they are eligible to receive and additional bonus payment depending on the Dept. of Early Childhood appropriations. The bonus payment must be used to implement or support the Colorado universal preschool program or maintain or expand infant and toddler care. The bonus payments will be calculated by the number of providers who register for the program.

Relevant League Positions:

The education of a young child is a shared responsibility. We support measures which promote, help, and encourage families to prepare students to meet academic standards. We believe in the importance of state licensing and continued oversight by an adequate number of trained staff and ensure availability of affordable quality child-care to all children who need it. This requires a state finance system that would provide enough funds through adequate funding sources for public schools (in this case state licensed universal preschool facilities) to equalize educational opportunity. LWVCo believes the Colorado Board of Education should establish licensing requirements. The League promotes equalizing educational opportunity. These efforts include incentives for efficiency and effectiveness and assuring the availability of adequate facilities.

LWVCO Supports this bill. 

The bill creates the Colorado preschool program provider
participation bonus program (bonus program). The bonus program
provides a one-time bonus payment to any eligible preschool provider
(provider) that participates in the preschool program established in the
department of early childhood (department). The bonus program can also
award additional bonus payments if the eligible recipient maintains or
increases the eligible recipient's licensed capacity to serve infants and
toddlers between April 1, 2022, and April 1, 2024.
The purpose of the bonus program is to:
  • Increase provider participation in the Colorado universal
preschool program (preschool program) to ensure that all
children have access to a universal preschool classroom in
their communities;
  • Strengthen the mixed delivery system by supporting
providers that have not previously participated in the
Colorado state-run preschool program; and
  • Preserve access to infant and toddler care.
Providers are required to use the bonus payments to implement or
support the preschool program or maintain or expand infant and toddler
care.
The department is required to report to the joint budget committee
on or before September 1, 2024, on the number and types of providers
that receive bonus payments and the number and types of bonus payments
awarded.
The bonus program is repealed, effective July 1, 2025.

• April 28, 2023: House Appropriations Committee Report
• April 27, 2023: House Education Committee Report
• April 18, 2023: Senate Appropriations Committee Report
• April 12, 2023: Senate Education Committee Report

Colorado Constitution:

“The general assembly shall, as soon as practicable, provide for the establishment and maintenance of a thorough and uniform system of free public schools throughout the state, wherein all residents of the state, between the ages of six and twenty-one years, may be educated gratuitously.”  Colo. Const. art. IX, § 2.

Summary:

There are 178 public school districts. 1994 was the last time the School Formula was changed.  This bill would add $339 M to the $9.07B.  It would add an additional $983 additional per child funding, increasing it to an average of $10, 975 – which is 4 times what was in the Governor’s budget.  The bill earmarks an additional $30 M for rural schools and authorizes a mill levy override match program of $23.4 M. The gifted and talented universal assessment has been an unfunded mandate. This bill gives the funding for GT assessment to districts. It also clarifies that charter schools are public schools, which is reflected in funding.

The definition of at-risk will no longer be free and reduced lunch due to COVID complications. There will be a delay of 1 year to gather and analyze all data needed for a new definition, which will be some of the information gathered by a new Adequacy Study Task Force during the 2024-2025 calendar year. This task force will replace the now ended Joint School Finance Interim Committee. The TF will eliminate duplicate data, examine current categorical factors like school district size, update cost of living data, student attainment factors, and areas that have had negative unintended outcomes. It will also look at factors regarding the consolidation of schools.

Most significant outcome of the hearing ends the Budget Stabilization (BS) Factor this year. It’s been around since 2008-2009.

League supports a state finance system that would provide enough funds for public schools to equalize educational opportunity and relieve the property tax.

LWVCO strongly supports this bill.

The bill:
  • Increases the statewide base per pupil funding for the
2023-24 budget year by $598.25, to account for inflation;
  • Sets as the new statewide base per pupil funding amount of
$8,076.41 for the 2023-24 budget year; and
  • Sets the target number for the 2023-24 budget year at not
less than $9,070,933,129.
Current law includes a 5-year averaging provision, which
determines a district's pupil count for each budget year by determining the
greater of the funded pupil count for the applicable budget year or an
average of one to 4 of the prior budget years. The bill provides a similar
averaging provision for the institute charter schools on a per-school basis.
For the 2023-24 budget year, the bill distributes $30 million to
large rural districts and small rural districts, including district charter
schools and each institute charter school whose accounting district is a
large or small rural district. Large rural districts receive 55% of the
appropriation, and small rural districts receive 45% of the appropriation.
The bill uses the districts' funded pupil count for the 2022-23 budget year.
The bill amends eligibility criteria for the mill levy override match
program to exclude an otherwise eligible school district from receiving
a state-funded override mill match if the sum of the district's override
mills is equal to or greater than the district's override mill capacity, as
defined by statute. For the 2023-24 budget year, the bill requires the
transfer of $23,376,536 from the state education fund to the mill levy
override match fund and finds that the override mill match is a program
for accountable education reform.
The bill requires the general assembly to appropriate $300,000
from the state education fund to the department of education (department)
for the purpose of reimbursing schools for expenses related to replacing
an American Indian mascot, and finds that reimbursing schools for these
expenses is a program for accountable education reform.
The bill requires the general assembly to appropriate from the state
education fund the amount necessary to provide universal screening to
identify gifted children through second grade by the 2027-28 budget year
and finds that universal screening is a program for accountable education
reform.
The bill specifies that for the purpose of any law, with certain
exceptions, that applies to or exempts a public entity or a public official,
a charter school has the same status as a school district, and certain
persons affiliated with the charter school have the same status as a
complementary counterpart in a school district. Furthermore, the bill
clarifies the application of certain laws to charter schools.
The bill permits the department of education (department), school
districts, and institute charter schools to consider life-cycle costs when
contracting for technology.
Under current law, every 3 years, the department is required to
prepare a report and evaluation on the successes or failures of charter
schools, school reform efforts, and suggested changes to laws affecting
charter schools. The bill makes this an annual requirement starting in the
2023-24 budget year.
Under current law, a new at-risk measure in the public school
funding formula must be implemented in the 2023-24 budget year. The
bill extends the implementation of this requirement to the 2024-25 budget
year, and requires the department to conduct pre-implementation
modeling and testing of total program funding using the new at-risk
factor, and report modeling and testing findings to the education
committees and joint budget committee.
The bill creates a public school finance task force for the purpose
of examining and making recommendations concerning school finance.
The task force is required to submit a report to the education committees
of the senate and house of representatives and the joint budget committee
by December 15, 2023. Furthermore, the task force is required to set
parameters to examine the adequacy of school finance in Colorado, and
the department is required to contract with two independent entities to
report their findings by January 1, 2025.
The bill extends child nutrition school lunch protection program
funding to be used to offset the costs incurred by a facility school in
providing lunch to students who are placed in the facility and eligible to
participate in the program.
The bill excludes the costs associated with providing for an
independent evaluation from the 20% of the money appropriated to the
Colorado imagination library program to be used by the contractor for
operating costs.
The bill appropriates $2.5 million to the mill levy equalization
fund from the general fund for the 2023-24 budget year.
The bill appropriates $500,000 to the department of education for
the purpose of translating individualized education program documents
if House Bill 23-1263 becomes law.

• April 28, 2023: House Appropriations Committee Report
• April 27, 2023: House Education Committee Report
• April 24, 2023: Senate Appropriations Committee Report
• April 19, 2023: Senate Education Committee Report

Section 3 of the bill requires the secretary of state to refer a ballot
issue to voters at the November 2023 election that asks voters whether
property taxes should be reduced and that seeks voter approval to retain
and spend excess state revenues that will be used to backfill some of the
reduced property tax revenue. Most of the bill only becomes effective if
the voters approve the ballot issue.
Local government property tax revenue limit. Beginning with
the 2023 property tax year, section 6 establishes a limit on specified
property tax revenue for local governments, excluding those that are
home rule and school districts, that is equal to inflation above the property
tax revenue from the prior property tax year (limit). A local government
may establish a temporary property tax credit, which does not change the
gross mill levy, that is up to the number of mills necessary to prevent the
local government's property tax revenue from exceeding the limit.
Alternatively, the governing board may approve a mill levy that would
cause the local government to exceed the limit, if the governing board
approves the mill levy at a public meeting that meets certain criteria.
Valuation changes. The valuation for assessment (valuation) of
nonresidential real and personal property, excluding producing mines and
lands or leaseholds producing oil or gas, is based on an assessment rate
of 29% of actual value, but currently, there are temporary reductions in
the valuation for certain subclasses of property. Section 8 creates the
additional temporary reductions. For the 2023 property tax year:
  • For lodging property, property listed under any improved
commercial subclass code, and all other nonresidential
property, excluding agricultural property and renewable
energy production property, the assessment rate is reduced
from 27.9% to 27.85%;
  • For renewable energy agricultural land, which is a newly
created subclass of agricultural property that is valued
under section 7, the assessment rate is reduced from 26.4%
to 21.9%.
Thereafter, the assessment rate for lodging property and all
nonresidential property, excluding agricultural property and renewable
energy production property and property that is not under a vacant land
subclass, is reduced from 29% to:
  • 27.85% for the 2024 through 2026 property tax years;
  • 27.65% for the 2027 and 2028 property tax years;
  • 26.9% for the 2029 and 2030 property tax years; and
  • 25.9% or 26.9% for the 2031 and 2032 property tax years,
depending on the increase in the valuation in the 32
counties with the smallest increases from the 2030 to 2031
property tax years (revenue increases).
The assessment rate for agricultural property, excluding renewable
energy agricultural land, and renewable energy property is reduced from
29% to:
  • 26.4% for the 2025 through 2030 property tax years; and
  • 25.9% or 26.4% for the 2031 and 2032 property tax years,
depending on the increase in the valuation in the 32
counties with the smallest revenue increases.
The assessment rate for renewable energy agricultural land is
reduced from 29% to 21.9% for the 2024 through 2032 property tax
years.
Beginning with the 2033 property tax year, all of the temporary
valuation reductions expire and the valuation of all nonresidential real
property is 29% of the actual value of the property.
The valuation of residential real property is based on an
assessment rate of 7.15% of actual value, but currently, there are
temporary reductions in the valuation. Section 9 further reduces the
valuation of residential real property. For the 2023 property tax year, the
valuation is reduced from 6.765% of the amount equal to the actual value
minus the lesser of $15,000 or the amount that causes the valuation to be
$1,000 (alternate amount) to 6.7% of the amount equal to the actual value
minus the lesser of $40,000 or the alternate amount.
For the 2024 property tax year, the valuation is reduced as follows:
  • For multi-family residential real property, the valuation is
reduced from 6.8% of the actual value to 6.7% of the
amount equal to the actual value minus the lesser of
$40,000 or the alternate amount; and
  • For all other residential real property, the valuation is
reduced from an estimate of 6.98% of the actual value to
6.7% of the amount equal to the actual value minus the
lesser of $40,000 or the alternate amount.
For the 2025 through 2032 property tax years:
  • For multi-family residential real property and primary
residence real property, including multi-family primary
residence real property, the valuation is reduced from
7.15% of the actual value to 6.7% of the actual value minus
the lesser of $40,000 or the alternate amount;
  • For qualified-senior primary residence real property,
including multi-family qualified-senior primary residence
real property, the valuation is reduced from 7.15% of the
actual value to 6.7% of the amount equal to the actual value
minus $140,000 or the alternate amount; and
  • For all other residential real property, the assessment rate
is reduced from 7.15% to 7.1%.
Beginning with the 2033 property tax year, all of the temporary
valuation reductions expire and the valuation of all residential real
property is 7.15% of the actual value of the property.
The bill also establishes that all of the temporary reductions in
valuation for residential and nonresidential property created in the bill are
contingent on the state's ability to retain and spend state surplus up to the
proposition HH cap. If, for any reason, excluding a legislative enactment
by the general assembly, the state is not permitted to retain and spend this
money, then the temporary reductions in the bill do not apply.
Section 11 creates the residential subclass of primary residence
real property for owner-occupiers and establishes administrative
procedures related to the classification that are based on the procedures
for the homestead exemption, with those procedures expanded to treat
civil union partners like spouses. Section 11 also creates the residential
subclass of qualified-senior primary residence real property, which is a
property with an owner-occupier who previously qualified for the senior
homestead exemption for a different property and who does not qualify
for the exemption for the current property tax year.
Sections 1, 12, 13, 15, and 16 delay deadlines as necessary due to
the valuation changes for the 2023 property tax year.
The state is currently required to reimburse local governmental
entities for property tax revenue lost as a result of the reductions in
valuation enacted in Senate Bill 22-238. Section 14 modifies this backfill
mechanism by:
  • Specifying that the amount of revenue lost for a property
tax year is based on a local governmental entity's mill levy
for the 2022 property tax year, excluding specified mills;
  • Including the additional property tax revenue reductions
that result from the bill in the backfill for the 2023 property
tax year;
  • Eliminating the maximum amount of the backfill for the
2023 property tax year that is a refund of excess state
revenues;
  • Extending the backfill for the 2024 through 2032 property
tax years for the valuation reductions in the bill, but making
a local governmental entity that has an increase in real
property total valuation of 20% or more from the 2022
property tax year ineligible for the backfill;
  • Creating the local government backfill cash fund, which
includes a $128 million general fund transfer, and requiring
the money from the fund to be used to backfill revenue to
local governments beginning with the 2024 property tax
year; and
  • Beginning with the 2024 property tax year, proportionally
reducing the amount that each eligible local government
receives, if necessary to avoid exceeding the total amount
that is available for the backfills statewide.
Section 14 also modifies the backfill mechanism to treat cities and
counties as counties instead of municipalities, and this change is not
contingent on voter-approval of the ballot issue. Section 18 requires the
department of revenue to calculate the amount of excess state revenues
that will be refunded for the fiscal year 2022-23 with and without the
changes from the bill.
Voter-approved revenue change. If the voters approve the
referred ballot issue, then the state will be authorized to retain and spend
revenues up to the proposition HH cap, created in section 3. For the
2023-24 fiscal year, the proposition HH cap is equal to the excess state
revenues cap for the prior fiscal year, adjusted for inflation plus 1% and
population changes. Thereafter, the proposition HH cap is equal to the
proposition HH cap for the prior fiscal year, adjusted for inflation plus
1% and population changes. The proposition HH cap is also annually
adjusted for the qualification or disqualification of enterprises and debt
service changes.
If the general assembly does not enact assessment rates for the
2033 property tax year that are the same or lower than the assessment
rates for the 2032 property tax year described above, then the proposition
HH cap is reduced to be equal to the excess state revenues cap, and the
state will retain $0 under this authority beginning with the 2031-32 fiscal
year. Thereafter, the general assembly may partially or wholly restore the
proposition HH cap without additional voter approval if the general
assembly enacts valuation reductions equal to or greater than those for the
2032 property tax year.
The amount retained under this authority is first used in the
following fiscal year to backfill certain local governments for the reduced
property tax revenue as a result of the property tax changes in the bill and
Senate Bill 22-238, and the remainder is transferred to the state education
fund to offset the revenue that school districts lose as a result of the
property tax changes. Section 5 requires the state controller to include the
new voter-approved revenue change in the annual report on TABOR
revenues.
Sections 2, 4, 10, and 17 make conforming amendments related
to the valuation changes and related procedures and the voter-approved
revenue changes.

• May 06, 2023: House Appropriations Committee Report