The act expands student eligibility for the educator preparation stipend programs by increasing students' expected family contribution from no more than 200% to no more than 250% of the maximum federal Pell-eligible expected family contribution. For the 2022-23 and 2023-24 state fiscal years, expected family contribution is temporarily expanded to no more than 300% of the maximum federal Pell-eligible expected family contribution.

The act allows a student who is eligible for the student educator stipend program 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 act modifies the Colorado commission on higher education considerations of student eligibility for the educator preparation stipend programs specific to funds appropriated for the programs from the economic recovery and relief cash fund.

The act broadens the temporary educator loan forgiveness program (forgiveness program) requirements to allow applicants to be principals or special service providers in addition to teachers.

The act extends the forgiveness program through July 2023, removes requirements that a school's at-risk student population must exceed 60% in order for an educator to be eligible for the forgiveness program, and expands qualified positions to include positions in any public school, board of cooperative services, or facility school in Colorado. The act also changes how the program prioritizes applicants for the program.

The act directs a portion of the appropriation for the 2022-23 state fiscal year to the department of education for a portfolio management system to facilitate the multiple measures approach to the assessment professional competencies.

APPROVED by Governor April 10, 2023

EFFECTIVE April 10, 2023
(Note: This summary applies to this bill as enacted.)

The act creates the sixth through twelfth grade mental health screening program (program) administered by the behavioral health administration (BHA) to identify risks and provide resources and referrals related to student mental and emotional health needs. The act allows any public school that serves any of grades 6 through 12 and meets certain requirements to participate in the program.

The act requires participating schools to provide written notice to the parents of students within the first 2 weeks of the start of the school year in order to allow parents to opt their child out of the program.

Mental health screenings must be conducted in participating schools by a screener selected through a request for proposals process. The act requires a screener to notify a student's parent if the screener determines that additional mental health services are needed based on the student's mental health screening results.

Students who are home-schooled but who participate in extracurricular activities or athletic programs at a participating school are exempt from the program.

The act appropriates $475,278 from the general fund to the department of human services for community-based mental health services related to the program.

APPROVED by Governor June 5, 2023

EFFECTIVE June 5, 2023
(Note: This summary applies to this bill as enacted.)

The law has required an employer to provide its employees with an annual statement showing the total compensation paid and the income tax withheld for the preceding calendar year. The act requires an employer to also provide written notice of the availability of the federal and state earned income tax credits and the federal and state child tax credits at least once annually. An employer may send the written notice to employees electronically, including via e-mail or text message. The written notice must be in English and any other language the employer uses to communicate with employees and must include any additional content that the department of revenue prescribes.

APPROVED by Governor March 31, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

The act creates the secondary school student substance use committee (committee) in the department of education (department) to develop a practice, or identify or modify an existing practice, for secondary schools to implement that identifies students who need substance use treatment, offers a brief intervention, and refers the students to substance use treatment resources.

The department is required to publicly publish a report of the committee's findings and submit the report to the superintendent of every school district and chief administrator of every institute charter school that is a secondary school.

For the 2023-24 budget year, $49,950 is appropriated from the general fund to the department to implement the act.

APPROVED by Governor April 26, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Pension Review Commission. The bill creates an income tax credit that is available for income tax years commencing on or after January 1, 2023, but prior to January 1, 2025, for a qualifying public service retiree, which means a full-time Colorado resident individual who is:

• 55 years of age or older at the end of the 2023 or 2024 income tax year; and
• A retiree of a Colorado public pension plan administered pursuant to the Colorado Revised Statutes or a retiree of a public pension plan administered by a local government of the state of Colorado.
  (Note: This summary applies to this bill as introduced.)

The bill creates an independent delivery license for social equity licensees to deliver and sell retail marijuana and retail marijuana products to consumers at the consumer's private residence and requires the department of revenue to promulgate rules concerning the independent delivery license.

The bill creates an accelerator independent delivery license, accelerator hospitality business license, and accelerator transporter license, and accelerator retail deliverer permittee for social equity licensees qualified to participate in the accelerator program.

The bill requires the department of revenue to provide an annual report to the finance committees of the house of representatives and the senate concerning active social equity licenses, any recommendations for new social equity licenses and permits, and any recommendations for new or innovating funding sources for the social equity licensees or permittees.

Effective January 2, March 1, 2024, the bill amends the eligibility requirements for a person to qualify as a social equity licensee. The bill clarifies that the new eligibility requirements only apply to social equity licensee applications received on or after January 2, March 1, 2024. or to the reinstatement or reactivation of social equity licenses originally issued before January 2, 2024. The new eligibility requirements do not apply to the renewal of social equity licenses applied for or issued before January 2, March 1, 2024. The bill authorizes a social equity licensee who satisfies the eligibility requirements effective January 2, 2024, with a retail marijuana transporter licensee and a retail marijuana delivery permit or an accelerator retail deliverer permit, to exercise the privileges of a retail marijuana store license without needing to obtain a retail marijuana store license or accelerator store license.

The bill requires permits the department of revenue to create incentives for social equity licensees and accelerator-endorsed licensees, including reducing or waiving fees. The bill requires the department of regulatory agencies, as part its sunset review of the "Colorado Marijuana Code" in 2028, to review social equity licensing and the independent delivery license.

The bill creates, in the office of economic development, a grant committee that is responsible for reviewing grant applications, selecting grant recipients, and determining grant awards that are issued pursuant to an existing grant program for supporting entrepreneurs in the marijuana industry.

The bill amends the statutory provision concerning retail marijuana sales tax to state that a retailer is not allowed to retain any portion of the retail marijuana sales tax collected to cover the expenses of collecting and remitting the tax.

The bill appropriates $330,625 to the department of revenue, and $114,199 to the department of law.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Public notice for bids on special district construction contracts is currently required when the contract cost is $60,000 or more. The act increases the notice threshold to $120,000 or more and requires the amount to be adjusted for inflation every 5 years.

APPROVED by Governor March 17, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

The act extends the timeline from 12 months to 18 months before a charter school is set to open for a prospective charter school to submit to the local board of education an application to become a charter school. The act allows a local board of education to apply to the state board of education for modifications to the timeline set forth in this act. The act creates an optional charter school application timeline for a rural or small rural school district that allows charter school applications outside of the 18-month timeline upon notice to the department of education and public notice on the school district's website.

APPROVED by Governor April 25, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

The bill prohibits:

• Requiring a COVID-19 vaccine for a minor in Colorado;
• Administering a COVID-19 vaccine to a child without the informed consent of the child's parent or legal guardian;
• Administering a COVID-19 vaccine to an emancipated minor without the informed consent of the emancipated minor;
• A school from dismissing, suspending, refusing admission, or refusing to permit participation in an extracurricular activity to a student who has claimed a COVID-19 immunization exemption;
• A public or private entity from discriminating against a minor participating in a nonpublic home-based educational program based on whether the minor received the COVID-19 vaccine;
• A public entity from levying a fee, fine, or tax, or a private entity from levying a fine or fee, on a minor or their parent or legal guardian based on whether the minor received the COVID-19 vaccine; or
• A public or private entity from discriminating against a minor based on whether the minor received a COVID-19 vaccine.

The bill allows an aggrieved person to file a civil action and waives sovereign immunity if the violator is a public entity.

(Note: This summary applies to this bill as introduced.)

The act creates exceptions to the general rule that a person must first exhaust the proceedings and remedies available to them before filing an action in district court based on an alleged discriminatory or unfair practice related to certain employment practices, housing practices, or discriminatory advertising for actions alleging discrimination in places of public accommodation and private actions to enforce laws that prohibit discriminatory housing practices.

The act also prohibits an individual with a disability from being excluded from participation in, or denied the benefits of services, programs, or activities provided by a place of public accommodation.

In addition, the act requires that, in certain civil suits, an individual with a disability is entitled to a court order requiring compliance with applicable provisions along with either actual monetary damages or a statutory fine.

APPROVED by Governor May 25, 2023

EFFECTIVE May 25, 2023
(Note: This summary applies to this bill as enacted.)

Effective January 1, 2024, the act requires each newly constructed building and each building with qualifying restroom renovations that is wholly or partly owned by a state department, state agency, state institution of higher education, county, city and county, or municipality (public entity) to:

• Provide a non-gendered restroom facility or a multi-stall non-gendered facility on each floor where restrooms are available in a newly constructed building and wherever a restroom is accessible to the public in a building in which a restroom is being renovated;
• Ensure that all single-stall restrooms are not gender specific restrooms;
• Allow for the use of multi-stall restrooms by any gender if certain facility features are met under the International Plumbing Code and the Colorado Fuel Gas Code;
• Provide at least one safe, sanitary, and convenient baby diaper changing station that is accessible to the public on each floor where there is a public restroom in a newly constructed building and wherever a restroom is accessible to the public in a building in which a restroom is being renovated, in each gender-specific restroom if only gender-specific restrooms are available, and in each non-gendered single-stall or multi-stall restroom or provide such a changing station in an easily accessible location with equivalent privacy and amenities as a restroom;
• Ensure that each baby diaper changing station is cleaned with the same frequency as the restroom in which it is located, or restrooms on the same floor or in the space if it is not within a restroom, and maintained, repaired, and replaced as necessary to ensure safety and ease of use.

Beginning July 1, 2024, but no later than July 1, 2026, a building that is wholly or partially owned or leased by a public entity must ensure that signage for the building or the portion of the building leased or owned by the public entity complies with the following signage requirements, subject to available appropriations:

• Include signage indicating the presence of a baby diaper changing station with a pictogram that is void of gender in all restrooms with baby diaper changing stations, include signage with a pictogram void of gender in all non-gendered restrooms, and include signage with a pictogram void of gender in all single-stalled restrooms; and
• Indicate in the central building directory, if such a directory exists, the location of any baby diaper changing station and of any non-gendered restroom with a pictogram void of gender.

The act requires the department of personnel to complete a survey that determines the number and locations of signs needed to comply with the act signage requirements and requires the survey be provided to the general assembly and the capital development committee. The requirements of the act pertaining to baby diaper changing stations and providing a non-gendered single-stall restroom or a non-gendered multi-stall restroom in specified locations do not apply:

• To the extent that compliance with a requirement would result in failure to comply with applicable building standards governing the right of access for individuals with disabilities;
• To a project that has already progressed through the design review process, budgeting, and final approval by the governing body that has final approval over capital construction project expenditures as of the effective date of the act, or to a building designated as a certified historic structure.

Beginning on July 1, 2025, the act requires a building that is wholly or partially owned by a public entity that is a newly constructed building that is accessible to employees or enrolled students, or a building undergoing a qualifying restroom renovation to:

• Provide a non-gendered single-stall restroom or a non-gendered multi-stall restroom;
• Ensure that any single-stall restroom is not a gender-specific restroom; and
• Allow for the use of a multi-stall restroom by any gender if certain facility features are met pursuant to the International Plumbing Code or the Colorado Fuel Gas Code as adopted by the state plumbing board.

The act clarifies that an employee with a designated workplace in a public building may undertake the complaint process for alleged discriminatory or unfair practices including the failure to comply with providing the required amenities to all genders, as required, with the Colorado civil rights division charged with the enforcement of the Colorado anti-discrimination act.

For the 2023-24 state fiscal year, $450,000 is appropriated from the general fund to the department of personnel for use by the office of the state architect. To implement the act, the office may use $400,000 for statewide planning services and $50,000 for a restroom survey of state-owned buildings.

APPROVED by Governor May 24, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Current law defines "child-occupied facility" for the purposes of lead-based paint abatement as a building or portion of a building that is visited by a child on 2 or more days within any week, with each visit totaling 6 or more hours. The act reduces the total daily visit time to 3 or more hours.

APPROVED by Governor March 31, 2023

EFFECTIVE March 31, 2023
(Note: This summary applies to this bill as enacted.)

For income tax years commencing on and after January 1, 2024, the bill reduces both the individual and the corporate state income tax rates from 4.40% to 3.5%. The bill also exempts the rate reductions from the existing statutory requirements that tax expenditure legislation include a tax preference performance statement in a statutory legislative declaration and a repeal after a specified period of tax years.

(Note: This summary applies to this bill as introduced.)

The act creates the "Interstate Teacher Mobility Compact," which is designed to make it easier for teachers from member states, especially active military members and eligible military spouses, to receive a teacher's license from other member states. The compact becomes effective when 10 or more states enact it.

APPROVED by Governor March 10, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Under current law, the independent ethics commission created in article XXIX of the state constitution does not have jurisdiction over officials or employees of special districts or school districts. The bill gives the independent ethics commission jurisdiction to hear complaints, issue findings, assess penalties, and issue advisory opinions on ethics issues concerning a local government official or local government employee special district official, special district employee, school district official, or school district employee . "Local government" is defined to include a county, municipality, special district, or school district. Existing ethical standards apply to a local government official and a local government employee. The bill applies those standards to a local government official or local government employee through the independent ethics commission .

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The 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.

(Note: This summary applies to this bill as introduced.)

Counties and municipalities are currently required to adopt and enforce certain energy efficient building codes concurrently with the updating of their existing building codes or, before July 1, 2023 only, concurrently with either the adoption or updating of their building codes. Counties and municipalities must adopt and enforce these specified model energy codes within particular time frames. A rural county, which is defined as a county with a population of less than 30,000 people, is permitted to adopt a less current model code if it has applied for and not been awarded a grant that significantly assists with energy code adoption and enforcement training. Section 1 of the bill extends the compliance periods for adoption and enforcement of the model energy codes by a rural county as follows:

• An energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed by the energy board is not required prior to July 1, 2030, instead of being required concurrently with any county code building code update occurring on or after July 1, 2023, and before July 1, 2026;
• An energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code developed by the energy board is not required prior to July 1, 2032, instead of being required concurrently with any county code building code update occurring on or after July 1, 2026; and
• An energy code that achieves equivalent or better energy performance than one of the 3 most recent editions of the international energy conservation code is not required prior to July 1, 2025, instead of being required concurrently with any county code building code adoption or update occurring before July 1, 2023.

Section 2 defines a rural municipality as a municipality with a population of less than 10,000 people and extends the compliance periods for adoption and enforcement of the model energy codes in an identical manner to that outlined above for rural counties. The bill adds language allowing a rural municipality to adopt a less current model code if it has applied for and not been awarded a grant that significantly assists with energy code adoption and enforcement training.
(Note: This summary applies to this bill as introduced.)

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 act 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, other than an approved facility school, or a state-licensed day treatment facility.

The act requires the state department of human services (department) to organize a working group to identify and address issues related to foster youth education, transportation, and stability and requires the department to provide written recommendations to the general assembly before the 2025 regular legislative session.

APPROVED by Governor April 25, 2023

EFFECTIVE April 25, 2023
(Note: This summary applies to this bill as enacted.)

The bill prohibits state money from being used to further certain social, political, or ideological interests beyond what controlling state and federal law require. Sections 1 to 3 of the bill apply this prohibition to the public employees' retirement association (PERA) by requiring PERA to make investments solely on financial factors and prohibiting PERA from investing in an entity with a stated purpose to further certain social, political, or ideological interests beyond what federal and state law require (nonfinancial commitment). Section 1 also:

• Requires that PERA ensure that a designated agent commits to following guidelines that match PERA's obligation to act solely on financial factors prior to PERA entrusting member funds to the designated agent;
• Requires that a designated agent ensure that a proxy advisor or other service provider has committed to following guidelines that match PERA's obligation to act solely on financial factors prior to the designated agent following a recommendation of the proxy advisor or service provider; and
• Gives the attorney general the authority to enforce these investment requirements.

Section 2 requires PERA to invest solely in the financial interest of PERA members and beneficiaries. Section 3 clarifies that the fiduciary duties of PERA's board of trustees include the obligation to act in the financial interest of PERA members and benefit recipients. Section 4 requires a government contract to include a verification that a company entering into a government contract does not, and will not during the term of the contract, engage in an economic boycott of another company to further certain social, political, or ideological interests. Section 4 prohibits a person from penalizing a financial institution for complying with the non-economic boycott verification requirement. Section 4 also gives the attorney general the authority to enforce the newly created article. Section 5 requires the state treasurer to make investments solely on financial factors, prohibits the state treasurer from investing in entities with a stated nonfinancial commitment, and gives the attorney general authority to enforce these investment requirements. Sections 6 to 10 make conforming amendments.
(Note: This summary applies to this bill as introduced.)

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.

(Note: This summary applies to this bill as introduced.)

The bill requires the state treasurer to transfer 60% of the severance taxes paid by an entity that are attributable to the developing, processing, or energy conversion of minerals and mineral fuels subject to taxation in a county in a given tax year to that same county. A county that receives a transfer in accordance with the bill shall use the transferred funds for building or improving roads, schools, or local infrastructure.
(Note: This summary applies to this bill as introduced.)

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.

(Note: This summary applies to this bill as introduced.)

The bill imposes requirements for certain types of employers with regard to:

• The determination of employee work schedules;
• Employee requests for changes to work schedules; and
• Notices and posting of employee work schedules.

In addition to pay for hours worked by the employee, the bill requires certain types of employers to pay employees:

• Predictability pay when an employer makes certain changes to an employee's work schedule;
• Rest shortfall pay when an employee is required to work hours without a minimum period of rest after a prior shift;
• Retention pay when an employer provides work hours to a new employee without first offering the work hours to existing employees; and
• Minimum weekly pay in an amount that corresponds to 15% of the average weekly hours indicated on the employee's anticipated work plan, paid at the greater of the employee's regular rate of pay or the minimum wage, regardless of whether the employee works such hours.

The bill prohibits employers from discriminating or taking any adverse action against an employee based on the hours an employee is scheduled or actually works, the expected duration of employment, or the employee's desired work schedule. The bill also prohibits retaliation against an employee for attempting to exercise any right created in the bill. Employers are required to retain records demonstrating their compliance with the requirements of the bill.

A person who is aggrieved by a violation of the requirements of the bill may file a complaint with the division of labor standards and statistics (division) in the department of labor and employment or bring a civil action in district court. The division is authorized to investigate complaints and, upon determining that a violation occurred, to impose fines, penalties, or damages and award attorney fees and costs. The division is also authorized to bring a civil action to enforce the requirements of the bill. The bill includes protections for whistleblowers and establishes penalties for violations.

The director of the division is required to promulgate rules to implement the bill.

(Note: This summary applies to this bill as introduced.)

Current law requires reports of known or suspected child abuse or neglect to include the source of the report and the name, address, and occupation of the person making the report whenever possible. The bill requires a report of this information in all circumstances.

(Note: This summary applies to this bill as introduced.)

Currently, a member of any public employee retirement association (member) and the member's ex-spouse can agree to divide the member's monthly retirement benefits under a defined benefit plan pursuant to a divorce. If the member and the ex-spouse agree to divide the monthly benefit payment between them, the ex-spouse is entitled to receive a share of the monthly benefits until the ex-spouse dies.

For a member who receives a defined benefit administered by the public employees' retirement association (PERA) on and after specified dates, the bill requires the PERA member and the ex-spouse to agree to terminate the ex-spouse's monthly PERA benefits if the ex-spouse remarries. The bill specifies certain information that must be included in the written agreement dividing the PERA member's benefits and specifies that the terminated monthly benefit will accrue to the retired PERA member.

(Note: This summary applies to this bill as introduced.)

The bill prohibits an executive rule-making agency, on or after September 1, 2023, from amending an existing rule or adopting a new rule concerning the same subject matter as the existing rule for the 3 years following the existing rule's adoption. The following rules are exempt from the 3-year prohibition period:

• Rules required by state statute, federal statute, or federal regulation;
• Rules that the rule-making agency determines are imperatively necessary for the preservation of public health, safety, or welfare and for which compliance with the 3-year prohibition would be contrary to the public interest;
• Rules adopted as temporary or emergency rules, which remain effective for 120 days or less; and
• Rules that a member of the regulated community petitions to be amended and for which the rule-making agency grants the petition.
  (Note: This summary applies to this bill as introduced.)

Current law entitles a parent, guardian or legal custodian of, or entity with educational decision-making authority for (parent), a student with a disability, or a student who may be eligible for special education services, to file a state complaint in the event of a dispute with an administrative unit or a state-operated program (education provider). If the parent prevails in a state complaint decision, the education provider may file a due process complaint against the parent regarding the issues disputed in the state complaint.

The act requires the department of education (department) to enter into a service agreement with a nonprofit organization (organization) to create and maintain a list of attorneys qualified to represent a parent in a due process complaint filed by an education provider in response to a state complaint filed by the parent in which the parent prevailed. The service agreement is for 5 years. A parent may contact the organization for an attorney appointment.

The act requires the department to include information on attorney appointments in the procedural safeguard notice and in other materials distributed to parents describing due process complaint procedures.

The act requires the organization to report to the department on or before September 1, 2024, and each September 1 through September 1, 2028, on the number of attorneys appointed to parents in due process complaint cases, the costs associated with each due process complaint case, and the amount of unspent money the organization retains at the end of each budget year.

The act requires the department to annually provide the organization $20,000 to pay attorneys and to create, maintain, and administer the list of attorneys.

The act appropriates $33,260 from the general fund to the department for legal representation for due process complaints.

APPROVED by Governor May 25, 2023

EFFECTIVE May 25, 2023
(Note: This summary applies to this bill as enacted.)

Current law allows only specified employees to participate in the public employees' retirement association's (PERA) defined contribution plan. Employer and member contribution rates for PERA's defined contribution plan are fixed in statute and vary per division. Members of the school division or the Denver public schools (DPS) division of PERA are not able to enroll in the defined contribution plan and are enrolled in the defined benefit plan administered by PERA.

The bill requires the PERA board to establish and administer a flexible defined contribution plan and gives PERA members who are hired on or after January 1, 2024, and who are members of the school division or DPS division (eligible employees), the option to participate in the flexible defined contribution plan. If an eligible employee opts to participate in the flexible defined contribution plan, the eligible employee may determine the employee's contribution rate. Employers of eligible employees who opt into the flexible defined contribution plan are required to contribute an amount equal to 6.5% of the member's salary toward the member's account, and contribute an amount equal to 15% of the member's salary to the defined benefit plan.

(Note: This summary applies to this bill as introduced.)

The bill requires every route school bus used for the transportation of schoolchildren to have an automated vehicle identification system (system) installed on the route school bus on or before July 1, 2028, to record motor vehicles that unlawfully pass a stopped route school bus.

The bill creates the route school bus camera matching grant program (grant program). The purpose of the grant program is to provide grants to eligible applicants to install a system on every route school bus to record motor vehicles that unlawfully pass a stopped route school bus. The department of education shall administer the grant program pursuant to rules promulgated by the state board of education.
(Note: This summary applies to this bill as introduced.)

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.

(Note: This summary applies to this bill as introduced.)

The act 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 act defines "corporal punishment" as the willful infliction of, or willfully causing the infliction of, physical pain on a child.

APPROVED by Governor April 20, 2023

EFFECTIVE April 20, 2023
(Note: This summary applies to this bill as enacted.)

The act requires the department of labor and employment (department) to establish, on or before January 1, 2024, a teacher externship program to provide work-based learning opportunities for kindergarten through twelfth grade public school teachers (K-12 teachers) in order for the teachers 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 establish at least one externship model and develop consistency in offering the ability for teachers to apply for graduate credits, career and technical education credits, and professional development credits. The act requires the department to collaborate with the department of education to establish minimum standards for the work-based learning opportunities.

The department is authorized to allocate money directly to local education providers for teacher compensation and to work-based intermediaries, if applicable, to defray the costs of placing the teachers in externships with employers.

The act requires the department to compile and report data on the externship program on an annual basis. The director is authorized to accept gifts, grants, and donations for the purposes of providing compensation to teachers who participate in the program.

The executive director of the department may promulgate rules to implement the program. The program is scheduled to repeal on September 1, 2025.

For the 2023-24 state fiscal year, the act appropriates $223,039 from the general fund to the department of labor and employment for use by the division of employment and training to implement the teacher externship program and authorizes the department to expend a portion of the 2023-24 state fiscal year appropriation that is not expended prior to July 1, 2024, in the 2024-25 state fiscal year for the same purpose.

APPROVED by Governor May 22, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

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.

(Note: This summary applies to this bill as introduced.)

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.
(Note: This summary applies to this bill as introduced.)

The act directs the office of future of work (office) in the department of labor and employment (department) to create a two-year 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.

Upon completion of the program, the act requires that the department issue a report detailing the direct and indirect costs of the operation and administration of the program to specified legislative committees of reference.

The act 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.

The department may promulgate rules for the administration of the program.

The program is repealed, effective January 1, 2027.

The act appropriates $342,638 from the general fund to the department for use by the department's executive director's office for the 2023-24 state fiscal year. The act also appropriates $44,000 to the department of education from the general fund for the 2023-24 state fiscal year.

APPROVED by Governor May 16, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

The act requires the Colorado department of public health and environment (department) to distribute stop the bleed training materials and bleed control kits to K-12 schools that opt into receiving them. The act also requires the department, in collaboration with the American college of surgeons' committee on trauma, to report the number of schools that opt in, the number of people who have been trained in stop the bleed procedures in schools, the total number of stop the bleed control kits sent to schools, and the total cost of distributing stop the bleed control kits, for each school year from 2024 through 2026.

The act appropriates $155,541 for the 2023-24 state fiscal year from the general fund to the department for use by the health facilities and emergency medical services division. Any money not used for the 2023-24 school year is further appropriated to the department for the 2024-25 and 2025-26 fiscal years for the same purpose.

APPROVED by Governor May 15, 2023

EFFECTIVE May 15, 2023
(Note: This summary applies to this bill as enacted.)

The act creates a task force (task force) to establish shared goals, objectives, and guidelines for entities to utilize in prioritizing new and existing grant money to achieve maximum impact to reduce youth violence, suicide, and delinquency risk factors. The task force shall identify 3 target communities with the highest rates of youth violence, suicide, and delinquency risk factors. Beginning July 1, 2025, the task force shall create shared goals, objectives, and guidelines for governmental and community-based organizations to prioritize the use of new and existing state grant money, as well as help community-based organizations reduce youth violence, suicide, and delinquency risk factors in the target communities by using the shared goals, objectives, and guidelines when working in intervention, prevention, and tracking statistics. Membership in the task force is outlined.

The task force shall make a preliminary "SMART Act" report in January 2024 followed by a final report in January 2025.

For the 2023-24 state fiscal year, $92,447 is appropriated from the general fund to the department of public health and environment for use by the prevention services division. The division may use this appropriation for the grant prioritization task force related to administration.

APPROVED by Governor June 7, 2023

EFFECTIVE June 7, 2023
(Note: This summary applies to this bill as enacted.)

The act requires the department of education (department), by January 2024, to offer free optional trainings in evidence-informed 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 instruction on interventions for students who are below grade level or struggling in mathematics, children with disabilities, and students who are English language learners. Trainings must be 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 their 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 and acceleration strategies to assist with mathematics at home, including a state-advisory list of curricula, referrals for tutoring, or other intervention opportunities, if 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 act 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 free academic enrichment and support, which must include tutorial services to help students meet rigorous academic standards and to increase proficiency in mathematics outcomes; and
• Offer families opportunities for engagement in students' education.

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 programs that build student skills in STEM and mathematics;
• Use digital math accelerator programs;
• Serve high-needs students, as determined by the department;
• Have an established presence and relationship in the community; and
• Demonstrate in the application how they will meet the needs of diverse student populations.

The act 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 act adjusts the ninth-grade success grant program to prioritize applicants that propose programming focused on evidence-informed mathematics skills, acceleration strategies, 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 act includes a requirement that candidates for an elementary education endorsement, a middle school mathematics endorsement, or a secondary mathematics endorsement be trained in evidence-informed 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 act adds developmentally appropriate early numeracy to continuing professional development requirements for teachers employed by a preschool, and requires the department of early childhood to include developmentally appropriate early numeracy as a subject matter area in the resource bank of preschool curricula for use by preschool providers.

The act appropriates $26,694,530 from the general fund to the department as follows:

• $594,530 for math educator training and improvement planning;
• $24,500,000 for the grant program; and
• $1,600,000 for the ninth-grade success grant program.

APPROVED by Governor May 15, 2023

EFFECTIVE May 15, 2023
(Note: This summary applies to this bill as enacted.)

Title 26.5 of the Colorado Revised Statutes relates primarily to early childhood programs and services. In 2022, the general assembly enacted House Bill 22-1295, which established the duties of the department of early childhood (department), relocated early childhood programs from the departments of human services and education to the department, and created the Colorado universal preschool program in the department.

The act makes technical changes to title 26.5 and related statutes, including:

• Updates language regarding gifts, grants, and donations to achieve statutory uniformity;
• Allows the department to enter into a contract with an organization to provide early literacy programming and related supports and whole-child services;
• Adds the executive director of the department to the health equity commission;
• Adds the commissioner of the behavioral health administration to the Colorado child abuse prevention board;
• Clarifies reporting dates to ensure the department can complete and report data in a timely manner;
• Clarifies the department's responsibilities concerning child abuse or neglect record checks;
• Amends background and record check language to align with current federal and state practices and standards;
• Clarifies definitions;
• Updates references from "ICON" to "Colorado state courts data access system"; and
• Eliminates technical language no longer used in child care licensing.

APPROVED by Governor June 7, 2023

EFFECTIVE June 7, 2023
(Note: This summary applies to this bill as enacted.)

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.
(Note: This summary applies to this bill as introduced.)

The act 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 act 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 26 members, including members who represent statewide education organizations, the department, the state board of education (state board), school district board of education members, charter schools, superintendents, principals, and teachers.

The act 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 act requires the department to enter into a contract with a third party to 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.

The act appropriates $300,709 from the general fund to the department to implement the task force.

APPROVED by Governor May 24, 2023

EFFECTIVE May 24, 2023
(Note: This summary applies to this bill as enacted.)

The act requires that the department of human services (department) add to its report information on the number of youth who at the time they received services from the county department of human or social services (county department) or were placed in out-of-home placement by a county department had an open delinquency case in a district court, were on juvenile probation, or had a juvenile deferred sentence.

The act repeals the requirement to created performance measures for local collaborative management programs.

The act requires a local collaborative management program to create one or more individualized service and support teams which may refer a child to services and establish a service and support plan for a child in need of services. The act requires the department to create an information form to be used by certain agencies and individuals to refer a child to a local collaborative management program for services. The act delineates who has access to the records created by an individualized service and support team.

The act requires the department to include strategies for children who would benefit from integrated multi-agency services in its training for counties participating in a local collaborative management program.

The act requires each interagency oversight group to add to its report to the executive director of each department and agency that is a party to a memorandum of understanding certain demographic, status, and referral information on children and families served and referred to services through a local collaborative management program.

On July 1, 2023 and annually thereafter, the act requires the general assembly to appropriate money to the collaborative management cash fund (fund) to serve children who would benefit from integrated multi-agency services. Beginning July 1, 2024, the act requires the executive director of the department to provide an annual sum to each local collaborative management program to provide services to children who would benefit from integrated multi-agency services based on a funding formula that takes into account the amount of available funds, the need for a base of resources to direct a child and family members to appropriate services, and the number of children in the population to be served.

On or before July 1, 2024, a local collaborative management program nd each July 1 thereafter, the act requires the district attorney of each judicial district to submit a report to the house of representatives judiciary committee and the senate judiciary committee that includes information on children who are offered an opportunity to participate in a diversion program.

The act appropriates $2,257,411 from the general fund to the department for use by the division of child welfare. From this appropriation, $257,411 must be used for collaborative management program administration and evaluation and $2,000,000 must be used to assist interested counties that do not already operate a local collaborative management program with establishing a local collaborative management program or joining an existing local collaborative management program.

The act further appropriates $1,165,039 from the general fund to the fund for use by the division of child welfare for distribution to existing local collaborative management programs.

APPROVED by Governor June 1, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Under current law, if the court finds a violation of the open meetings law, a prevailing citizen is entitled to costs and reasonable attorney fees. The act specifies that for certain challenges by a pro se plaintiff that are brought in connection with provisions in the open meetings law governing executive sessions in the open meetings law the pro se plaintiff is not entitled to an award of costs or attorney fees.

VETOED by Governor June 6, 2023
(Note: This summary applies to this bill as enacted.)

The act permits the multidisciplinary team that creates an individualized education program (IEP) for a child, who may be eligible for special education services, to translate or contract with a translation services provider to translate the IEP draft documents into the dominant language spoken in the home of the child's parent, guardian, or legal custodian (parent). Upon request of the child's parent, the multidisciplinary team is required to translate or contract with a translation services provider to translate the final IEP document into the dominant language spoken in the home of the child's parent. The IEP team shall verbally inform the child's parent of the right to request translation services.

APPROVED by Governor May 25, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

The act refers a ballot issue to the voters at the November 7, 2023, statewide election to allow the state to retain and spend state revenues that would otherwise need to be refunded for exceeding the estimate in the ballot information booklet analysis for proposition EE and to allow the state to maintain the tax rates established in proposition EE that would otherwise need to be decreased. If voters reject the ballot issue, the state will both:

• Refund $23.65 million to distributors and wholesalers in a reasonable manner determined by the department of revenue; and
• Reduce by 11.53% the tax rates of the taxes on cigarettes, tobacco products, and nicotine products created or increased by proposition EE.

If voters approve the ballot measure:

• The money set aside for the potential refund related to proposition EE will instead be transferred to the preschool programs cash fund and the general fund; and
• The new tax on nicotine products and the increased taxes on cigarettes and tobacco products in proposition EE will stay at the rates required by proposition EE.

The refund or alternative spending is made or backfilled from revenue in the newly created proposition EE cash fund, which consists of $23.65 million from the preschool programs cash fund and the general fund.

APPROVED by Governor June 2, 2023

EFFECTIVE June 2, 2023
(Note: This summary applies to this bill as enacted.)

The act 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;
• A school district is required to provide all 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 at the conclusion of a hearing including the age of the student, disciplinary history of the student, whether the student has a disability, the seriousness of the violation, whether the violation threatened the safety of any student or staff member, and whether a lesser intervention could properly address the violation.

A hearing officer must not have a conflict of interest with a student under consideration for expulsion or denial of admission or any alleged victim. A school district must ensure that hearing officers receive training on how to serve impartially.

The act requires the department of education (department), on or before June 30, 2024, to create and maintain the online training program for expulsion hearing officers. Beginning January 1, 2025, hearing officers are required to complete initial and ongoing training. The training program must include information on:

• 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 develop and provide their own training program to hearing officers and school administrators that meets or exceeds the requirements of the department's training program.

The act requires the board of education of each school district to adopt a policy that a student must not be expelled or denied admission unless the school district considers whether alternative remedies are appropriate and whether excluding the student from school is necessary to preserve the learning environment.

The act 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.

The act appropriates $162,720 from the general fund to the department for hearing officer training and support.

APPROVED by Governor June 1, 2023

EFFECTIVE June 1, 2023
(Note: This summary applies to this bill as enacted.)

Current law requires the court to sentence a person convicted of 2 or more separate crimes of violence arising out of the same incident so that the person's sentences are served consecutively rather than concurrently. For offenses committed on or after July 1, 2023, the act allows a person to petition the court for a modification of the consecutive sentences imposed after at least 2 calendar years but no more than 5 calendar years after the final judgment of conviction or sentence is entered. The court may modify the terms of the sentence if the court finds substantial mitigating factors surrounding the case and if the person has demonstrated substantial actions toward rehabilitation as evidenced by engagement in positive programming; assigned work; treatment, when available; and behavior that is compliant with the rules of the facility or facilities where the person is or was placed.

The act allows the court to sentence the defendant to concurrent sentences for 2 or more crimes of violence arising from the same incident when:

• The parties agreed to waive ineligibility for concurrent sentences; or
• The following factors are proven by a preponderance of the evidence by the defendant or stipulated by the parties at the sentencing hearing:
• The defendant has no prior felony convictions for a victim rights offense; and
• The defendant did not use or possess a firearm or explosive in the commission of the offense or threaten the use of a firearm or explosive during the commission of the offense; and
• The defendant's action did not result in serious bodily injury or death.

For offenses committed on or after July 1, 2023, a defendant convicted and sentenced as an habitual offender who has been sentenced to 24 years or more and has served at least 10 calendar years of the sentence is allowed to petition the court for a modification of that sentence and any other habitual sentence. The defendant has the burden of demonstrating, by a preponderance of the evidence, that there are substantial mitigating factors regarding the circumstances of the offense or offenses or mitigating factors regarding the circumstances of the defendant at the time of conviction; that the defendant has demonstrated positive, engaged, and productive behavior in the department of corrections; and that the defendant does not currently present a risk to the community at large. If the court determines that a modification of sentence is justified, the court may resentence the defendant to a term of at least the midpoint in the aggravated range for the class of felony for which the defendant was convicted, up to a term less than the current sentence.

APPROVED by Governor June 1, 2023

EFFECTIVE July 1, 2023
(Note: This summary applies to this bill as enacted.)

The act creates the task force on the rights of Coloradans with disabilities (task force) in the Colorado civil rights commission. The task force shall create a minimum of 4 subcommittees to study and make recommendations on specific issues related to persons with disabilities:

• The rewrite subcommittee, which must study and make recommendations concerning the various issues related to the rewrite and modernization of the Colorado Revised Statutes concerning civil rights of persons with disabilities;
• The outdoors subcommittee, which must study and make recommendations related to the basic accessibility of outdoor spaces for persons with disabilities;
• The housing subcommittee, which must study and make recommendations related to the affordability, accessibility, and attainability of housing for persons with disabilities; and
• The government subcommittee, which must focus on basic physical and programmatic accessibility within state and local government.

Minimum mandatory membership and reporting requirements are outlined for the task force and each subcommittee. The task force shall produce a final report, including recommendations, to submit to the governor and general assembly on or before January 30, 2025.

For the 2023-24 state fiscal year, the act appropriates $289,568 from the general fund to the department of regulatory agencies for use by the civil rights division to implement the act.

APPROVED by Governor May 25, 2023

EFFECTIVE May 25, 2023
(Note: This summary applies to this bill as enacted.)

The bill requires state and local public bodies (public bodies), including the general assembly, and political parties to comply with certain accessibility requirements within specified periods.

Access to ballot by candidates. The bill requires the general assembly, the secretary of state, and each political party to ensure that the caucus process or any future alternative process by which candidates may access the ballot that is accessible to persons with disabilities remains an option in the state. The bill specifies that the petition process is not a means of ballot access that is accessible to persons with disabilities. In addition, the bill requires that within 6 months of the effective date of the bill, any person, upon request, must be able to participate in a precinct caucus or a party assembly with the use of a video conferencing platform that is accessible to persons with disabilities unless the precinct caucus or party assembly is held in a geographic location that lacks broadband internet service. Auxiliary aids and services for members of the general assembly. The house of representatives and the senate are required to provide auxiliary aids and services to any member of the general assembly upon request of the member for use by the member while the member is in the capitol building or any other building in the capitol complex where legislative business regularly occurs. Video conferencing platforms in court proceedings. Within 5 years of the effective date of the bill, all courts in the state are required to allow a person to appear in court by the use of a video conferencing platform upon request of the person who is required to appear in court; except that the court may make a finding of fact that the person's physical presence in the courtroom is required. The supreme court is required to prescribe rules of procedure to implement the use of a video conferencing platform. The bill includes an exemption for courts that are in a geographic location that lacks broadband internet service. Accessibility of meetings of public bodies. Each public body is required to ensure that the following accessibility requirements are implemented:

• Within 6 months of the effective date of the bill, any public meeting at which public business is discussed, formal action may be taken, or recommendations to the governing body of the public body may be discussed (meeting) held by a public body is required to be accessible in real time by live streaming video or audio that is recorded and accessible to persons with disabilities;
• A public body is required to post on its website, within specified periods, any documents that will be distributed during a meeting;
• Within 6 months of the effective date of the bill, for any meeting of a public body during which public testimony will be heard, the public body is required to allow any person to participate in the meeting and offer public testimony by using a video conferencing platform unless the meeting occurs in a geographic location that lacks broadband internet service;
• A public body may require that a request for auxiliary aids or services to attend a meeting of the public body with the use of the video conferencing platform be made up to 7 days before the date of the meeting;
• A public body is required to provide any auxiliary aids or services requested in time for the meeting for which they were requested without an explanation of the need for the auxiliary aids and services. A public body is required to postpone a meeting if it is unable to provide the requested auxiliary aids or services in time for the meeting and is required to document the reason for the additional time required.

State capitol building accessibility requirements. Within 4 years of the effective date of the bill, the legislative department, acting through the executive committee of the legislative council, is required to ensure that an audio and way-finding program that allows a person who is blind or visually impaired to independently navigate the state capitol building is implemented and available to any person who works in or visits the capitol building.

The failure of any political party or public body to comply with the applicable requirements of the bill constitutes discrimination on the basis of disability. Any person who is subjected to a violation is entitled to seek relief as currently provided in law.

(Note: This summary applies to this bill as introduced.)

The public-private collaboration unit (unit) in the department of personnel (department) promotes the use of public-private partnerships between state public entities such as departments, agencies, or subdivisions of the executive branch of state government, and private partners as a tool for time and cost-efficient completion of public projects. The act requires that the unit give preference to proposed or executed public-private partnership agreements that will use state-owned real property for mixed-income development and affordable housing that is proportional to a community's demonstrated affordable housing needs and authorizes the unit to undertake additional functions in connection with public projects that provide affordable housing including:

• Accepting gifts, grants, and donations, which if monetary, are to be credited to the unused state-owned real property fund (fund);
• Utilizing proceeds from real estate transactions and revenue from public-private agreements;
• Acting as an agent on behalf of the department in real estate transactions using real property that upon approval by the governor has been deeded to the department by a state public entity, including for the purchase, transfer, exchange, sale and disposition, and lease of real property; and
• Establishing a process for using requests for information to solicit public projects.

The act also allows the department and the unit to use money from the fund to facilitate these additional functions by the unit in connection with public projects that provide affordable housing and for the standard operating expenses of the unit. The state treasurer is required to transfer $5,000,000 from the general fund to the fund on July 1, 2023.

For the 2023-24 state fiscal year, the act appropriates $47,583 to the department of law from the legal services cash fund from revenue received from the department of personnel that is continuously appropriated to the department of personnel from the unused state-owned real property fund. The department of law may use the appropriation to provide legal services for the department of personnel.

APPROVED by Governor May 20, 2023

EFFECTIVE May 20, 2023
(Note: This summary applies to this bill as enacted.)

The act creates the Colorado adult high school program (program) in the office responsible for adult education within the department of education (department). The purpose of the program is to create a pathway for Coloradans who are 21 years of age or older and do not have a high school diploma to attend high school and earn a diploma at no cost. Students may also earn industry-recognized certificates, career and technical education certificates, or college credits at no cost through the program.

The act requires the department to award a grant to a Colorado community-based nonprofit organization (organization) to operate the program as an education provider. The education provider is required to:

• Secure and maintain a building for the program;
• Contribute funding annually for operating and facility costs;
• Hire educators and school personnel, including life coaches who help students navigate academic and personal challenges;
• Propose an academic accountability system with the approval of the department;
• Establish minimum graduation requirements;
• Award Colorado high school diplomas to students who successfully complete the graduation requirements;
• Use an evidence-based educational model that a third-party evaluator has proven effective;
• Develop courses that may be offered to student in person;
• Develop online courses for students who take classes in person and demonstrate academic readiness for remote course work;
• Consult with a nonprofit organization that has successfully implemented an evidence-based educational model for adults in another state;
• Serve all students, regardless of immigration status;
• Enroll no more than 400 students at one time;
• Comply with state and federal laws concerning students with disabilities, including students with accommodations pursuant to section 504 of the federal "Rehabilitation Act of 1973";
• Create individualized education programs for students with disabilities;
• Collaborate with local district colleges, community colleges, area technical colleges, or local career and technical education programs to ensure access to courses that can lead students to graduate with industry-recognized certificates;
• Fund industry-recognized and career and technical certificate programs at no cost to students;
• Create a plan in collaboration with institutions of higher education to authorize teachers to teach courses for students to obtain college credit and to align teacher qualification requirements with the state concurrent enrollment program;
• Operate a licensed, on-site child care center for students with children; and
• Offer transportation assistance to students who enroll in the program.

The department is required to establish a fair and transparent application process in order to select an organization to operate the program. The application process must include input from the office within the department responsible for adult education.

On or before July 31, 2025, July 31, 2026, and March 30, 2027 the education provider is required to report to the department on the status of the program. On or before November 30, 2025, November 30, 2026, and June 30, 2027, the department is required to report the status of the program to the house of representatives education committee and the senate education committee, or their successor committees, including but not limited to:

• Student demographic data disaggregated by race, ethnicity, socioeconomic status, age, gender, and disability;
• Accountability measure outcomes; and
• The number of industry-recognized certificates, college credits, and overall average credit attainment that students earn each term.

The program repeals July 1, 2027.

The act appropriates $5 million from the general fund to the department for the program and for legal services.

APPROVED by Governor June 6, 2023

EFFECTIVE June 6, 2023
(Note: This summary applies to this bill as enacted.)

Under current law, a mental health professional must be licensed by the department of education (department) in order to work in a school. The act authorizes a school or school district, the state charter school institute, a board of cooperative services that operates a school, or the division of youth services to employ school-based therapists who are not licensed by the department but hold a Colorado license for their profession to work in coordination with licensed special service providers to coordinate mental health supports for students. Before being employed, the school-based therapists must satisfy certain requirements for nonlicensed school employees, including a fingerprint-based criminal background check. Any school-based therapists may be supervised by a mentor special services provider or a licensed administrator. If an eligible school-based therapist provides services to a student related to the student's individualized education program, the eligible school-based therapist must have qualifications consistent with the student's individualized education program.

APPROVED by Governor May 4, 2023

EFFECTIVE May 4, 2023
(Note: This summary applies to this bill as enacted.)

The act codifies the rural opportunity office (office), which began its work in the office of economic development in 2019. The director of the office is designated by and reports to the director of the office of economic development.

The office is required to serve as Colorado's central coordinator of rural economic development matters with certain staff physically located in rural communities across Colorado, work with coal transitioning communities to explore unique business and economic development opportunities, make recommendations that inform the governor's policy on rural economic development matters, and measure the success of program outreach and determine whether Colorado's rural communities receive more statewide funding as a result of the efforts of the office.

For the 2023-24 state fiscal year, $299,193 is appropriated from the general fund to the office of the governor for use by economic development programs for implementation of the act.

APPROVED by Governor May 20, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Current law requires adult education providers (providers) that participate in the department of education's (department) adult education and literacy grant program (program) to offer eligible adults basic education in literacy and numeracy that leads to additional skills acquisition, postsecondary credential attainment, and employment. The act adds "digital literacy" to the basic education offered to eligible adults and adds that an eligible adult may earn a high school diploma or equivalency certificate.

The act describes services that providers may offer to eligible adults, which include in-person or online instruction, the development of learning plans, coaching, and mentorship. The act amends the reporting requirements for providers of the program, including that administrative costs not exceed 10% of the awarded funds.

The act permits the office within the department that is responsible for adult education to use data matching with relevant state agencies to determine post-program participation outcomes.

The act allows community colleges, area technical colleges, and local district colleges (colleges) to develop and implement minimum graduation requirements for a high school diploma based on the high school graduation requirements of a school district within the geographic area of the colleges. Colleges are required to award a high school diploma to a student who successfully completes the high school graduation requirements implemented by the colleges.

The act appropriates $2 million from the general fund to the department for the program.

APPROVED by Governor June 2, 2023

EFFECTIVE June 2, 2023
(Note: This summary applies to this bill as enacted.)

The act creates several opportunities for youth, defined as the age of eligibility for membership in the Colorado youth advisory council, to be involved in the review of the state's education standards. Youth representatives are appointed as follows:

• The commissioner of education (commissioner) shall appoint youth representatives from nominations submitted by schools throughout the state to participate in the standards development process, which includes community engagement;
• The commissioner shall appoint 2 youth representatives to any regional educator meetings; and
• Each local education provider shall appoint 2 youth representatives to any review committees for local education providers.

In each instance, the appointing authority shall select the youth representatives from nominations submitted by schools throughout the state, and, when possible, one must be from an urban area and one must be from a rural area.

Youth representatives may be reappointed pursuant to each committee's process. The department of education (department) may compensate youth representatives for actual expenses incurred with participation, and, if appropriate, provide a stipend in an amount determined by the department.

The department shall promote the opportunities for youth involvement and request schools nominate youth to participate.

For the 2023-24 state fiscal year, the act appropriates $7,650 to the department of education from the general fund. The department may use this appropriation for content specialists.

APPROVED by Governor April 26, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

The act allows an employee to use accrued paid sick leave when the employee needs to:

• Care for a family member whose school or place of care has been closed due to inclement weather, loss of power, loss of heating, loss of water, or any other unexpected occurrence or event that results in the closure of the family member's school or place of care;
• Grieve, attend funeral services or a memorial, or deal with financial and legal matters that arise after the death of a family member; or
• Evacuate the employee's place of residence due to inclement weather, loss of power, loss of heating, loss of water, or any other unexpected occurrence or event that results in the need to evacuate the employee's residence.

To implement the act, $74,927 is appropriated from the general fund to the department of labor employment for use by the division of labor standards and statistics.

APPROVED by Governor June 2, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

The act encourages all public high schools and all high schools that participate in the Colorado comprehensive health education program in the state to provide instruction on cardiopulmonary resuscitation and the use of an automated external defibrillator to students in grades 9 through 12.

APPROVED by Governor March 23, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

The act creates the school discipline task force (task force) to study and make recommendations regarding school district discipline policies and practices, state and local discipline reporting requirements, and local engagement.

The task force consists of 18 members, including the legislative member who is the chair of the Colorado youth advisory council review committee (review committee); the executive director of the department of early childhood or the executive director's designee; the commissioner of education (commissioner) or the commissioner's designee; representatives of statewide education organizations; and former students who attended Colorado public schools and who have lived experience with the school discipline system. The commissioner is required to call the first meeting of the task force.

The task force is required to:

• Define "disproportionate discipline";
• Review the department of education's (department) standardization of discipline data;
• Review the department's plan for creating school district and charter school institute profile reports;
• Determine whether the department's standardization of discipline data should include reports of alternative disciplinary measures taken prior to a student's suspension or expulsion;
• Recommend processes and provide resources for public engagement in a local school district board of education's discussions of discipline data;
• Review existing public engagement processes;
• Review best practices identified by the department concerning dropout prevention and student re-engagement;
• Identify alternative approaches to discipline, including but not limited to positive behavioral interventions and supports, bullying intervention and prevention, and behavior intervention plans, and address concerns around workforce and other resource shortages in school districts in relation to school discipline practices and reporting; and
• Recommend legislative and administrative changes, as necessary, and analyze the costs and time frames required to implement the changes.

The task force is required to submit a final report on or before August 1, 2024. The task force is required to present its findings and recommendations to the review committee during the first meeting of the review committee in 2024.

Current law encourages school districts to consider certain factors before suspending or expelling a student. The act requires school districts to consider those factors before suspending or expelling a student, which include the age and disciplinary history of the student, whether the student has a disability, the seriousness of the violation, whether the violation threatened the safety of any student or staff member, and whether a lesser intervention would properly address the violation.

The act appropriates $164,398 from the general fund to the department to implement the task force. The act also appropriates $1,415 from the general fund to the legislative department for use by the general assembly for legislator per diem and travel reimbursement to participate on the task force.

APPROVED by Governor June 2, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

For 5 income tax years beginning in 2023, the bill creates a refundable state income tax credit for a Colorado teacher or classroom paraprofessional (eligible educator) for their classroom expenses. An eligible educator cannot claim the credit for an expense that the educator claims as a federal educator expense deduction for purposes of the educator's federal income tax, and the maximum amount of the credit per income tax year is $500.
(Note: This summary applies to this bill as introduced.)

The middle-income housing authority (authority) has the power to make and enter into contracts or agreements with public or private entities to facilitate public-private partnerships. The act clarifies this power of the authority to enter into public-private partnerships by specifying that:

• The affordable rental housing component of a public-private partnership is exempt from state and local taxation, and the authority must provide initial and ongoing notice to the local assessor of the exemption;
• A public-private partnership may include an agreement concerning commercial property in connection with an affordable rental housing project;
• A public-private partnership may provide for the transfer of the interest in an affordable rental housing project to an entity other than the authority;
• The authority may issue bonds to finance the affordable rental housing component in a public-private partnership; and
• Bonds issued by the authority may be payable from the revenue and assets of the affordable rental housing component of a public-private partnership or solely from the revenue or assets of the authority as current law requires.

Additionally, the act expands the board of directors of the authority from 14 to 16 by adding 2 nonvoting members. The senate majority leader and the house majority leader will each appoint a member of the general assembly from their respective chambers to serve as the 2 new nonvoting members; except that, if the senate majority leader and the house majority leader are from the same political party, the house minority leader will appoint the member to the board of directors from the house.

For the 2023-24 state fiscal year, $3,774 is appropriated from the general fund to the legislative department for use by the general assembly to implement the act.

APPROVED by Governor June 2, 2023

EFFECTIVE June 2, 2023
(Note: This summary applies to this bill as enacted.)

The school access for emergency response (SAFER) grant program is scheduled to repeal on July 1, 2024. The bill extends the SAFER grant program for 5 years, until July 1, 2029, and clarifies when the state treasurer is required to transfer unexpended money from the SAFER grant program's cash fund when the grant program is repealed.

(Note: This summary applies to this bill as introduced.)

The act eliminates the requirement that an individual's weekly paid family and medical leave benefit be calculated based on the average weekly wage earned only from the job or jobs from which the individual is taking paid family and medical leave.

APPROVED by Governor March 23, 2023

EFFECTIVE March 23, 2023
(Note: This summary applies to this bill as enacted.)

The office of future of work (OFW) was created in the department of labor and employment (department) by executive order of the governor in 2019 to respond to the changing nature of work in the state. The act creates the OFW in statute and expands the duties of the OFW. The purpose of the OFW is to:

• Identify opportunities for Colorado's communities to transition effectively to emerging industries;
• Ensure the inclusion of key stakeholders and engage partnerships across public and private sectors;
• Host, organize, and convene task forces, summits, and other appropriate meetings with diverse stakeholders, designed to improve the state's understanding of the social and economic impacts of the changing nature of work;
• Explore ways that the state can prepare for current and future impacts, including through the modernization of worker benefits and protections, the development of a skilled and resilient workforce through coordination of registered apprenticeship programs, and the identification of new policy and program solutions; and
• Undertake studies, research, and factual reports related to issues of concern and importance to Colorado's future workforce.

The executive director of the department is required to submit a report to the governor, at least once per calendar year, that includes recommendations for potential policy initiatives.

In 2021, House Bill 21-1007 created the state apprenticeship agency (SAA) in the department. The act amends provisions governing the SAA to enable the United States department of labor's office of apprenticeship to recognize Colorado's state apprenticeship agency and authorize the SAA to register and oversee apprenticeship programs. To conform with regulations promulgated by the United States secretary of labor under the federal "National Apprenticeship Act", the act:

• Modifies references to apprenticeships in Colorado statutes;
• Directs the SAA to establish the state apprenticeship council (SAC) to provide advice and guidance to the SAA;
• Creates the committee for apprenticeship in the building and construction trades (CABCT) as a subcommittee of the SAC to advise the SAA on registered apprenticeship programs for the building and construction trades in the state; and
• Changes the name of the interagency advisory committee on apprenticeship to the committee for apprenticeship in new and emerging industries (CANEI), designated as a subcommittee of the SAC and tasked with advising the SAA on apprenticeship programs that are not within the jurisdiction of the CABCT.

The bill allows the general assembly to appropriate money from the general fund or any other available source to the department to pay for the OFW to carry out the duties specified in the act. The OFW is also authorized to seek, accept, and expend gifts, grants, or donations to fund its duties.

APPROVED by Governor March 23, 2023

EFFECTIVE March 23, 2023
(Note: This summary applies to this bill as enacted.)

The act prohibits the state, counties, cities and counties, municipalities, school districts, and any of their departments, institutions, or agencies (public employers) from making it a condition of employment that an applicant for employment or current or past employee (employee) executes a contract or other form of agreement that prohibits, prevents, or otherwise restricts the employee from disclosing factual circumstances concerning the employee's employment with the public employer (nondisclosure agreement) unless the nondisclosure agreement is necessary to prevent disclosure of:

• The employee's identity, facts that might lead to the discovery of the employee's identity, or factual circumstances relating to the employment that reasonably implicate legitimate privacy interests held by the employee who is a party to the agreement if the employee elects to restrict such disclosure;
• Data, information, including personal identifying information, or matters that are required to be kept confidential by federal law or regulations, the state constitution, state law, state regulations, state rules, or a court of law or as attorney-client privileged communications, privileged work product, communications related to a threatened or pending legal or administrative action, or materials related to personnel or regulatory investigations by the employer;
• Information bearing on the specialized details of security arrangements or investigations, including security arrangements for or investigations into elected officials or other individuals, physical infrastructure, or cybersecurity;
• Information derived from communications of the employer related to threatened or pending legal or administrative action;
• Discussions that occur in an executive session authorized by the "Colorado Open Meetings Law";
• Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by a current or prospective contractor, vendor, or grantee or as part of a public-private partnership or entity working with the state as part of an economic development activity;
• Trade secrets or information derived from trade secrets or proprietary information of the employer;
• Information and records not subject to disclosure under the "Colorado Open Records Act" (CORA); or
• Trade secrets owned by the employer.

For a public employer that is the state or a department, institution, or agency of the state, a nondisclosure agreement is also allowed if it is necessary to prevent disclosure of:

• Nonpublic and confidential labor relations positions and strategies;
• Attorney work product;
• Vendor lists and vendor preferences;
• State business-related information received from a third party that the third party has designated confidential; or
• Information and matters related to state active duty orders of national guard soldiers and airmen and personnel disputes subject to the jurisdiction of the United States department of defense;

For a public employer that is a county, a city and county, a municipality, or a department, institution, or agency of a county, a city and county, or a municipality, a nondisclosure agreement is also allowed if it is necessary to prevent disclosure of:

• Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by an employer's current or prospective customer, contractor, lessee, lessor, business partner, or affiliate; or
• Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by a purchaser or seller of property that is engaged in negotiations or under contract with the employer.

The act specifies that any provision in any contract or agreement that amounts to a nondisclosure agreement is deemed to be against public policy and unenforceable against an employee of a public employer who is a party to the contract or agreement unless the provision is intended to prevent disclosure of any information or matters for which an exception to the general prohibition against nondisclosure agreements for the public employer applies.

The act prohibits a public employer from taking any materially adverse employment-related action, including withdrawal of an offer of employment, discharge, suspension, demotion, or discrimination in the terms, conditions, or privileges of employment, against an employee on the grounds that the employee does not enter into a contract or agreement deemed to be against public policy and unenforceable under the act. The act also states that the taking of a materially adverse employment-related action after an employee has refused to enter into such a contract or agreement is prima facie evidence of retaliation and that any public employer that enforces or attempts to enforce a contract or agreement provision deemed by a court to be against public policy and unenforceable under the act is liable for the employee's reasonable attorney fees and costs in defending against the action.

The act requires an action to enforce a provision of the act to be brought in the district court for the district in which the employee is primarily employed. A settlement agreement between an employer that is subject to the act and an employee of the employer must be signed by both the employer and the employee.

A nondisclosure agreement must not prohibit the release of information required to be released under CORA. In addition, a nondisclosure agreement executed by a public employer that is the state or a department, institution, or agency of the state and an employee must state that state employees are protected from retaliation for disclosure of information about state agencies that are working outside the public interest. A public employer may require an employee to enter into a nondisclosure agreement with a third party in the employee's official capacity and on behalf of the employer.

APPROVED by Governor June 2, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

To recompense the public employees' retirement association (PERA) for the cancellation of a previously scheduled July 1, 2020, direct distribution of $225 million, House Bill 22-1029, concerning a requirement that the state make an additional direct distribution to the public employees' retirement association to fully recompense the association for the cancellation of a previously scheduled July 1, 2020, direct distribution, required an additional direct distribution to PERA. However, the additional direct distribution did not fully recompense PERA for the cancellation of the previously scheduled direct distribution. To fully recompense PERA, the act requires the state treasurer to issue a warrant to PERA that consists of the balance of the PERA payment cash fund plus $10 million paid from the general fund. The PERA payment cash fund is repealed, effective July 1, 2023.

APPROVED by Governor June 2, 2023

EFFECTIVE June 2, 2023
(Note: This summary applies to this bill as enacted.)

Starting July 1, 2024, the act prohibits employers from inquiring about a prospective employee's age, date of birth, and dates of attendance at or date of graduation from an educational institution on an initial employment application.

An employer may request an individual to verify compliance with age requirements imposed pursuant to or required by:

• A bona fide occupational qualification pertaining to public or occupational safety;
• A federal law or regulation; or
• A state or local law or regulation based on a bona fide occupational qualification.

The act allows an employer to request or require an individual to provide additional application materials, including copies of certifications, transcripts, and other materials created by third parties, at the time of an initial employment application if the employer notifies the individual that the individual may redact information that identifies the individual's age, date of birth, or dates of attendance at or graduation from an educational institution.

The department of labor and employment (department) is charged with enforcing the requirements of the act and may issue warnings and orders of compliance for violations and, for second or subsequent violations, impose civil penalties. A violation of the restrictions does not create a private cause of action. The department is directed to adopt rules regarding procedures for handling complaints against employers.

For the 2023-24 state fiscal year, $56,468 is appropriated from the general fund to the department for use by the division of labor standards and statistics to pay program costs related to labor standards.

APPROVED by Governor June 2, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

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

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

For the career development success program (program), the act removes the requirement for successful completion of a qualified industry pre-apprenticeship program and the requirement for successful completion of a qualified industry apprenticeship. The act adds boards of cooperative services to the program.

Current law requires the general assembly to annually appropriate $1 million to the department of education for the program. Beginning in the 2023-24 budget year, and each budget year thereafter, the act increase the appropriation to $9.5 million.

The act requires a school district or charter school participating in the program to receive 120% of the per-pupil amount for each pupil who is eligible for free or reduced-price lunch and who successfully earned an industry certificate by completing a qualified industry-credential program, a qualified workplace training program, or a qualified advanced placement course.

The act authorizes a participating school district or participating charter school to contract with a third party to provide specified services under the program.

The act extends the repeal date from September 1, 2024, to September 1, 2034.

APPROVED by Governor May 16, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

The act extends the advanced industry export acceleration program, which was scheduled to end on January 1, 2025, and the advanced industries acceleration grant program, which was scheduled to end on July 1, 2024, by 10 years. Through March 1, 2023, the state treasurer annually credited to the advanced industries acceleration cash fund an amount equal to one-half of the bioscience and clean technology income tax withholding growth. The act extends this funding mechanism by 2 years.

Additionally, the advanced industry export acceleration program allows a qualifying business that meets certain eligibility criteria to receive an international export development expense reimbursement. The act removes the eligibility criterion that requires a qualifying business to show a profit during the last fiscal year.

APPROVED by Governor May 17, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Beginning on or before August 1, 2024, the act requires the department of law to annually convene a training for school resource officers and school officials to discuss best practices in responding to safe2tell reports, including defining roles, communication about a report, outcome reporting, and training resources to improve school resource officers' support of students and school staff. Safe2tell may conduct a survey to collect data and discussions regarding its operations.

APPROVED by Governor April 27, 2023

EFFECTIVE April 27, 2023
(Note: This summary applies to this bill as enacted.)

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.
(Note: This summary applies to this bill as introduced.)

The Colorado youth advisory council (advisory council) is set to repeal September 1, 2023. The act continues the advisory council until September 1, 2028.

The act renames the Colorado youth advisory council review committee as the Representative Hugh McKean Colorado youth advisory council review committee.

The act appropriates $50,000 from the general fund to the Colorado youth advisory council cash fund.

APPROVED by Governor June 2, 2023

EFFECTIVE June 2, 2023
(Note: This summary applies to this bill as enacted.)

The bill establishes a parental engagement in schools income tax credit for income tax years commencing on or after January 1, 2024, that allows a taxpayer who is a parent (taxpayer) to claim a credit when the taxpayer volunteers in the school of the taxpayer's child. Taxpayers are allowed a credit of $20 for each volunteer hour, up to $500.

Eligible schools include a school of a school district, a district charter school, an institute charter school, or a board of cooperative services.

An eligible school shall issue a credit certificate to any taxpayer who volunteers in the school. The credit certificate allows the taxpayer to claim a credit with respect to the income taxes imposed by the state. To claim a credit, the taxpayer must submit the credit certificate to the department of revenue (department) with the taxpayer's income tax return for the income tax year for which a credit is claimed. The amount of the credit that exceeds the taxpayer's income taxes due is refunded to the taxpayer.

The bill encourages eligible schools to promote the credit to parents at the start of each school year and to provide volunteer opportunities throughout the year to accommodate parent schedules and interests.

The bill requires the Colorado state advisory council for parent involvement in education (council) to develop marketing materials to promote the credit to parents. The council shall conduct training sessions to instruct eligible schools on how to implement and manage a volunteer program to align with the credit. The training sessions must use best practices for parental engagement. On or before May 1, 2025, the council shall create and distribute a statewide parental engagement feedback survey (survey) to solicit and collect parental engagement feedback from parents. The purpose of the survey is to measure parental engagement participation and to determine whether parental engagement provides support to eligible schools.

At the end of each school year through 2029, eligible schools are required to solicit feedback, using the council's survey, from parents concerning volunteer experiences. On or before July 1, 2025, and each July 1 thereafter through July 1, 2029, eligible schools shall submit the survey data to the school districts. On or before October 1, 2025, and each October 1 thereafter through October 1, 2029, school districts shall report the survey data to the department of education.

The bill requires the department of education to submit an annual report summarizing the survey data reported by the school districts to the department on February 15, 2026, and each February 15 thereafter through February 15, 2030, to the state auditor, the education committees of the house of representatives and the senate, or their successor committees, and the finance committees of the house of representatives and the senate, or their successor committees.

The bill repeals the income tax credit, effective July 1, 2032.

(Note: This summary applies to this bill as introduced.)

The act continues the Colorado student leaders institute program and changes responsibility for the program from the department of higher education to the department of education. This change shifts oversight of the program from a governor-appointed executive board to the state board of education.

The act transfers the long bill appropriation for the program from the department of higher education to the department of education. The bill appropriates $8,184 from the general fund to department of education to implement the act.

APPROVED by Governor April 27, 2023

PORTIONS EFFECTIVE June 30, 2023

PORTIONS EFFECTIVE July 1, 2023
(Note: This summary applies to this bill as enacted.)

As an alternative route to teacher licensure, the act creates a teacher degree apprenticeship program (apprenticeship program). The apprenticeship program 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 office of apprenticeship (DOL office) and the state apprenticeship office (state office) and utilizes apprentice mentor teachers and teacher apprenticeship program sponsors (sponsor).

The act 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 up to 2 successive terms, in increments of 2 years, as necessary for the apprentice to fulfill the apprenticeship requirements. 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 sponsor. Applications to serve as a sponsor must include a proposed work process schedule and related instruction plan required by the DOL office and state 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 or state 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 or state office concerning the federally required audit of the apprenticeship program to ensure the apprenticeship program continues to meet requirements.

The state board of education is authorized to promulgate rules for the implementation of the apprenticeship program.

For the 2023-24 state fiscal year, $116,134 is appropriated from the general fund to the department of education.

For the 2023-24 state fiscal year, $26,435 is appropriated to the department of law from reappropriated funds received from the department of education. The department of law may use this appropriation to provide legal services for the department of education.

APPROVED by Governor May 15, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

The act creates the Colorado school transportation modernization task force (task force) in the department of education (department) to create a report containing findings and recommendations to improve school transportation services for students. The department is required to provide relevant data to the task force to inform its duties. The report must be publicly published and submitted to the education committees of the senate and house of representatives, the board of education, and the governor by December 1, 2024.

The act specifies task force membership, including the commissioner of education or the commissioner's designee, and members appointed by the commissioner.

For the 2023-24 budget year, $95,313 is appropriated from the general fund to the department to implement the act.

APPROVED by Governor May 16, 2023

EFFECTIVE May 16, 2023
(Note: This summary applies to this bill as enacted.)

The act increases the required annual appropriation to the department of education from the state education fund or the general fund by an additional $40,203,671 for children who have one or more disabilities and who 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.

APPROVED by Governor May 15, 2023

EFFECTIVE May 15, 2023
(Note: This summary applies to this bill as enacted.)

In 2009, the general assembly enacted legislation to merge the Denver public schools retirement system into the public employees' retirement association (PERA), effective January 1, 2010. The merger legislation created a Denver public schools (DPS) division within PERA and set the employer and member contribution rates for that division. The merger legislation also required PERA to calculate a true-up beginning January 1, 2015, and every fifth year thereafter, to determine whether the DPS employer contribution rate must be adjusted to assure the equalization of the DPS division's ratio of unfunded actuarial accrued liability over payroll to the PERA school division's ratio of unfunded actuarial accrued liability over payroll at the end of the 30-year period that began on January 1, 2010 (equalization of the 2 divisions). If necessary, the PERA board is required to recommend that the general assembly adjust the DPS total employer rate to assure the equalization of the 2 divisions.

The general assembly enacted the last true-up for the equalization of the 2 divisions in 2015. In furtherance of the true-up for the equalization of the 2 divisions, beginning on July 1, 2023, the bill reduces the total employer contribution rate for the DPS division from 10.4% to 7.15% of salary. The bill does not alter the employer or member contribution rate for any other division of PERA.

(Note: This summary applies to this bill as introduced.)

The "National Labor Relations Act" does not apply to federal, state, or local governments and the "Colorado Labor Peace Act" excludes governmental entities, with an exception for mass transportation systems, which means that these labor laws do not cover most public employees. The act grants certain public employees, including individuals employed by counties, municipalities, fire authorities, school districts, charter schools, public colleges and universities, library districts, special districts, public defender's offices, the university of Colorado hospital authority, the Denver health and hospital authority, the general assembly, and a board of cooperative services, the right to:

• Discuss or express views regarding public employee representation or workplace issues;
• Engage in protected, concerted activity for the purpose of mutual aid or protection;
• Fully participate in the political process while off duty and not in uniform, including speaking with members of the public employer's governing body on terms and conditions of employment and any matter of public concern and engaging in other political activities in the same manner as other citizens of Colorado without discrimination, intimidation, or retaliation; and
• Organize, form, join, or assist an employee organization or refrain from organizing, forming, joining, or assisting an employee organization.

However, a public employer that has a nonpartisan role may limit the right of an employee to fully participate in the political process while off duty and not in uniform to the extent necessary to maintain the nonpartisan role of the employer.

The act also prohibits certain public employers from discriminating against, coercing, intimidating, interfering with, or imposing reprisals against a public employee for engaging in any of the rights granted.

The division of labor standards within the Colorado department of labor and employment (division) is charged with enforcing any alleged violation of these rights and is granted rule-making authority. A party may appeal the department's final decision to the Colorado court of appeals. The act requires the court of appeals to give deference to the final decision of the department.

For the 2023-24 state fiscal year, $151,751 is appropriated to the department of labor and employment for use by the division and for the purchase of legal services as needed to implement the act.

APPROVED by Governor June 6, 2023

PORTIONS EFFECTIVE August 7, 2023

PORTIONS EFFECTIVE July 1, 2024

NOTE: This act was passed without a safety clause and portions of it take effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

The 2022 general appropriations act is amended to balance and make adjustments to the total amount appropriated to the department of early childhood. The general fund portion of the appropriation is increased.

House Bill 22-1295, concerning the department of early childhood and universal preschool program, is amended to balance and make adjustments to the amount appropriated to the department of early childhood. The general fund portion of the appropriation is decreased and the cash funds and reappropriated funds are increased.

APPROVED by Governor February 28, 2023

EFFECTIVE February 28, 2023
(Note: This summary applies to this bill as enacted.)

The 2022 general appropriations act is amended to balance and make adjustments to the total amount appropriated to the department of education. The general fund and cash funds of the appropriation are increased and the reappropriated funds is decreased.

APPROVED by Governor February 28, 2023

EFFECTIVE February 28, 2023
(Note: This summary applies to this bill as enacted.)

The general assembly recognizes that the actual funded pupil count was lower and the at-risk pupil count was higher than expected when the appropriation amount for the state share of total program funding was established during the 2022 legislative session, resulting in an overall increase in total program funding for the 2022-23 budget year.

In addition, the local property tax revenue and specific ownership tax revenue are higher than anticipated, resulting in an increase in the local share of total program funding.

The act declares the general assembly's intent to maintain the budget stabilization factor at the amount of the original appropriation for the 2022-23 budget year.

The act decreases the appropriation for the state share of total program funding by $76,383,372 in cash funds from the state education fund and adjusts the 2022-23 state fiscal year long bill accordingly.

APPROVED by Governor March 3, 2023

EFFECTIVE March 3, 2023
(Note: This summary applies to this bill as enacted.)

The act creates the youth mentorship assistance grant pilot program (program) in the Colorado opportunity scholarship initiative within the department of higher education (department). The program provides financial assistance for the cost of attendance at a public higher education institution to students who provide mentorship services to an approved youth mentorship organization. The act requires the Colorado opportunity scholarship initiative advisory board to select approved youth mentorship organizations to participate in the program and administer the program.

The act requires each approved youth mentorship organization to submit an annual report to the department, and the department to submit an annual report to the education committees of the senate and house of representatives, concerning the program.

For the 2023-24 state fiscal year, $100,000 is appropriated from the general fund to the department for use by the Colorado opportunity scholarship initiative advisory board to implement the act.

APPROVED by Governor June 6, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

The act repeals and reenacts the statutory article related to extreme risk protection orders.

Under current law a family or household member and a law enforcement officer or agency can petition for an extreme risk protection order. The act expands the list of who can petition for an extreme risk protection order to include licensed medical care providers, licensed mental health-care providers, licensed educators, and district attorneys.

The act requires the office of gun violence prevention to expend funds annually on a public education campaign regarding the availability of, and the process for requesting, an extreme risk protection order.

The act appropriates:

• $140,462 from the general fund to judicial department to implement the act; and
• $238,846 from the general fund to the department of public safety.

APPROVED by Governor April 28, 2023

EFFECTIVE April 28, 2023
(Note: This summary applies to this bill as enacted.)

For purposes of addressing discriminatory or unfair employment practices pursuant to Colorado's anti-discrimination laws, the act enacts the "Protecting Opportunities and Workers' Rights (POWR) Act", which:

• Directs the Colorado civil rights division (division) to include "harassment" as a basis or description of discrimination on any charge form or charge intake mechanism;
• Repeals the current definition of "harass" that requires creation of a hostile work environment and redefines "harass" or "harassment" as unwelcome conduct directed at an individual or group of individuals in, or perceived to be in, a protected class, which conduct is subjectively offensive to the individual alleging harassment and objectively offensive to members of the same protected class as the individual alleging harassment, and which conduct need not be severe or pervasive to constitute a discriminatory or an unfair employment practice;
• Adds protections from discriminatory or unfair employment practices for individuals based on their marital status;
• For purposes of the exception to otherwise discriminatory practices for an employer that is unable to accommodate an individual with a disability who is otherwise qualified for the job, eliminates the ability for the employer to assert that the individual's disability has a significant impact on the job as a rationale for the employment practice and specifies that the exception is limited to situations in which there is no reasonable accommodation that would allow the individual to satisfy the essential functions of the job;
• Specifies the requirements for an employer to assert an affirmative defense to an employee's proven claim of unlawful harassment by a supervisor;
• Specifies the requirements that must be satisfied for a nondisclosure provision in an agreement between an employer and an employee or a prospective employee to be enforceable; and
• Requires an employer to maintain personnel and employment records for at least 5 years and, with regard to complaints of discriminatory or unfair employment practices, to maintain those records in a designated repository.

The act appropriates a total of $1,248,170 from the general fund for the 2023-24 state fiscal year, allocated as follows to the following state departments and offices, to implement the act:

• $152,866 to the department of corrections;
• $23,469 to the department of education;
• $35,415 to the office of the governor;
• $23,363 to the department of health care policy and financing;
• $129,081 to the department of human services;
• $146,894 to the judicial department;
• $46,833 to the department of labor and employment;
• $17,708 to the department of law;
• $76,276 to the department of natural resources;
• $89,090 to the department of personnel;
• $52,912 to the department of public health and environment;
• $52,912 to the department of public safety;
• $266,298 to the department of regulatory agencies; and
• $47,045 to the department of revenue.

Additionally, $88,008 is appropriated from the state highway fund to the department of transportation to implement the act.

APPROVED by Governor June 6, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

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.
  (Note: This summary applies to this bill as introduced.)

The act requires a public school or school district to allow a qualified student to wear and display traditional Native American regalia at a school graduation ceremony and applies to pre-kindergarten, kindergarten, primary school, and secondary school graduation ceremonies.

The act requires public colleges and universities to allow a qualified student to wear and display traditional Native American regalia at a college graduation ceremony.

APPROVED by Governor May 4, 2023

EFFECTIVE May 4, 2023
(Note: This summary applies to this bill as enacted.)

The act establishes the universal high school scholarship program (program) in the office of economic development (office) to provide scholarships for the 2024-25 academic year to students who pursue an in-demand or high-priority postsecondary pathway, including degrees, certificates, and registered apprenticeships, with a provider on the eligible training provider lists disseminated by the department of labor and employment, a provider in the Colorado state apprenticeship resource directory, a public or private institution of higher education operating in Colorado, or an organization approved by the office (service providers).

The office, or a vendor contracted by the office, administers the program. The office shall develop policies and procedures necessary to administer the program.

A student is eligible for the program if the student graduated from a Colorado high school or was awarded a high school equivalency credential during the 2023-24 academic year; completes the free application for federal student aid or the Colorado application for state financial aid; and did not receive a grant from the Colorado opportunity scholarship initiative.

Scholarships are awarded in the following priority: First, to all eligible students who intend to enroll at a service provider to pursue an in-demand or high-priority postsecondary pathway, then to other eligible students who intend to enroll at a service provider. The office or vendor determines the amount of each scholarship award, up to a maximum $1,500. Scholarship money is distributed to the service provider for use by the student for tuition, fees, and books.

The act requires the office to contract with vendors to provide postsecondary and career advising at schools identified by the office. The office shall make efforts to identify a diversity of schools in rural and urban areas of the state to receive postsecondary advising support.

The act requires the state treasurer to transfer $25 million from the general fund to the universal high school scholarship cash fund (cash fund). The act appropriates $25 million from the cash fund to the office of the governor for the program.

APPROVED by Governor May 16, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Housing needs planning. The executive director of the department of local affairs (director) shall, no later than December 31, 2024, and every 5 years thereafter, issue methodology for developing statewide, regional, and local housing needs assessments. The statewide housing needs assessment must determine existing statewide housing stock and current and future housing needs. The regional housing needs assessments must allocate the addressing of housing needs identified in the statewide housing needs assessment to regions of the state. Similarly, the local housing needs assessments must allocate the addressing of the housing needs allocated in the regional housing needs assessment to localities in the relevant region.

The director shall, no later than December 31, 2024, issue guidance on creating a housing needs plan for both a rural resort job center municipality and an urban municipality. Following this guidance, no later than December 31, 2026, and every 5 years thereafter, a rural resort job center municipality and an urban municipality shall develop a housing needs plan and submit that plan to the department of local affairs (department). A housing needs plan must include, among other things, descriptions of how the plan was created, how the municipality will address the housing needs it was assigned in the local housing needs assessment, affordability strategies the municipality has selected to address its local housing needs assessment, an assessment of displacement risk and any strategies selected to address identified risks, and how the locality will comply with other housing requirements in this bill.

The director shall, no later than December 31, 2024, develop and publish a menu of affordability strategies to address housing production, preservation, and affordability. Rural resort job center municipalities and urban municipalities shall identify at least 2 of these strategies that they intend to implement in their housing plan, and urban municipalities with a transit-oriented area must identify at least 3.

The director shall, no later than December 31, 2024, develop and publish a menu of displacement mitigation measures. This menu must, among other things, provide guidance for how to identify areas at the highest risk for displacement and identify displacement mitigation measures that a locality may adopt. An urban municipality must identify which of these measures it intends to implement in its housing plan to address any areas it identifies as at an elevated risk for displacement.

The director shall, no later than March 31, 2024, publish a report that identifies strategic growth objectives that will incentivize growth in transit-oriented areas and infill areas and guide growth at the edges of urban areas. The multi-agency advisory committee shall, no later than March 31, 2024, submit a report to the general assembly concerning the strategic growth objectives.

The bill establishes a multi-agency advisory committee and requires that committee to conduct a public comment and hearing process on and provide recommendations to the director on:

• Methodologies for developing statewide, regional, and local housing needs assessments;
• Guidance for creating housing needs plans;
• Developing a menu of affordability strategies;
• Developing a menu of displacement mitigation measures;
• Identifying strategic growth objectives; and
• Developing reporting guidance and templates.

A county or municipality within a rural resort region shall participate in a regional housing needs planning process. This process must encourage participating counties and municipalities to identify strategies that, either individually or through intergovernmental agreements, address the housing needs assigned to them. A report on this process must be submitted to the department. Further, within 6 months of completing this process, a rural resort job center municipality shall submit a local housing needs plan to the department. Once a year, both rural resort job centers and urban municipalities shall report to the department on certain housing data.

A multi-agency group created in the bill and the division of local government within the department shall provide assistance to localities in complying with the requirements of this bill. This assistance must include technical assistance and a grant program.

Accessory dwelling units. The director shall promulgate an accessory dwelling unit model code that, among other things, requires accessory dwelling units to be allowed as a use by right in any part of a municipality where the municipality allows single-unit detached dwellings as a use by right. The committee shall provide recommendations to the director for promulgating this model code. In developing these recommendations, the committee shall conduct a public comment and hearing process.

Even if a municipality does not adopt the accessory dwelling unit model code, the municipality shall adhere to accessory dwelling unit minimum standards established in the bill and by the department. These minimum standards, among other things, must require a municipality to:

• Allow accessory dwelling units as a use by right in any part of the municipality where the municipality allows single-unit detached dwellings as a use by right;
• Only adopt or enforce local laws concerning accessory dwelling units that use objective standards and procedures;
• Not adopt, enact, or enforce local laws concerning accessory dwelling units that are more restrictive than local laws concerning single-unit detached dwellings; and
• Not apply standards that make the permitting, siting, or construction of accessory dwelling units infeasible.

Middle housing. The director shall promulgate a middle housing model code that, among other things, requires middle housing to be allowed as a use by right in any part of a rural resort job center municipality or a tier one urban municipality where the municipality allows single-unit detached dwellings as a use by right. The committee shall provide recommendations to the director for promulgating this model code. In developing these recommendations, the committee shall conduct a public comment and hearing process.

Even if a rural resort job center municipality or a tier one urban municipality does not adopt the middle housing model code, the municipality shall adhere to middle housing minimum standards established in the bill and by the department. These minimum standards, among other things, must require a municipality to:

• Allow middle housing as a use by right in certain areas;
• Only adopt or enforce local laws concerning middle housing that use objective standards and procedures;
• Allow properties on which middle housing is allowed to be split by right using objective standards and procedures;
• Not adopt, enact, or enforce local laws concerning middle housing that are more restrictive than local laws concerning single-unit detached dwellings; and
• Not apply standards that make the permitting, siting, or construction of middle housing infeasible.

Transit-oriented areas. The director shall promulgate a transit-oriented area model code that, among other things, imposes minimum residential density limits for multifamily residential housing and mixed-income multifamily residential housing and allows these developments as a use by right in the transit-oriented areas of tier one urban municipalities. The committee shall provide recommendations to the director for promulgating this model code. In developing these recommendations, the committee shall conduct a public comment and hearing process.

Even if a tier one urban municipality does not adopt the transit-oriented model code, the municipality shall adhere to middle housing minimum standards established in the bill and by the department. These minimum standards, among other things, must require a municipality to:

• Create a zoning district within a transit-oriented area in which multifamily housing meets a minimum residential density limit and is allowed as a use by right; and
• Not apply standards that make the permitting, siting, or construction of multifamily housing in transit-oriented areas infeasible.

Key corridors. The director shall promulgate a key corridor model code that applies to key corridors in rural resort job center municipalities and tier one urban municipalities. The model code must, among other things, include requirements for:

• The percentage of units in mixed-income multifamily residential housing that must be reserved for low- and moderate-income households;
• Minimum residential density limits for multifamily residential housing; and
• Mixed-income multifamily residential housing that must be allowed as a use by right in key corridors.

The committee shall provide recommendations to the director for promulgating this model code. In developing these recommendations, the committee shall conduct a public comment and hearing process.

Even if a rural resort job center municipality or a tier one urban municipality does not adopt the key corridor model code, the municipality shall adhere to key corridor minimum standards promulgated by the director and developed by the department. These minimum standards, among other things, must identify a net residential zoning capacity for a municipality and must require a municipality to:

• Allow multifamily residential housing within key corridors that meets the net residential zoning capacity as a use by right;
• Not apply standards that make the permitting, siting, or construction of multifamily housing in certain areas infeasible; and
• Not adopt, enact, or enforce local laws that make satisfying the required minimum residential density limits infeasible.

The committee shall provide recommendations to the director on promulgating these minimum standards. In developing these recommendations, the committee shall conduct a public comment and hearing process.

Adoption of model codes and minimum standards. A relevant municipality shall adopt either the model code or local laws that satisfy the minimum standards concerning accessory dwelling units, middle housing, transit-oriented areas, and key corridors. Furthermore, a municipality shall submit a report to the department demonstrating that it has done so. If a municipality fails to adopt either the model code or local laws that satisfy the minimum standards by a specified deadline, the relevant model code immediately goes into effect, and municipalities shall then approve any proposed projects that meet the standards in the model code using objective procedures. However, a municipality may apply to the department for a deadline extension for a deficiency in water or wastewater infrastructure or supply.Additional provisions. The bill also:

• Requires the advisory committee on factory-built structures and tiny homes to produce a report on the opportunities and barriers in state law concerning the building of manufactured homes, mobile homes, and tiny homes;
• Removes the requirements that manufacturers of factory-built structures comply with escrow requirements of down payments and provide a letter of credit, certificate of deposit issued by a licensed financial institution, or surety bond issued by an authorized insurer;
• Prohibits a planned unit development resolution or ordinance for a planned unit with a residential use from restricting accessory dwelling units, middle housing, housing in transit-oriented areas, or housing in key corridors in a way not allowed by this bill;
• Prohibits a local government from enacting or enforcing residential occupancy limits that differ based on the relationships of the occupants of a dwelling;
• Modifies the content requirements for a county and municipal master plan, requires counties and municipalities to adopt or amend master plans as part of an inclusive process, and requires counties and municipalities to submit master plans to the department;
• Allows a municipality to sell and dispose of real property and public buildings for the purpose of providing property to be used as affordable housing, without requiring the sale to be submitted to the voters of the municipality;
• Requires the approval process for manufactured and modular homes to be based on objective standards and administrative review equivalent to the approval process for site-built homes;
• Prohibits a municipality from imposing more restrictive standards on manufactured and modular homes than the municipality imposes on site-built homes;
• Prohibits certain municipalities from imposing minimum square footage requirements for residential units in the approval of residential dwelling unit construction permits;
• Requires certain entities to submit to the Colorado water conservation board (board) a completed and validated water loss audit report pursuant to guidelines that the board shall adopt;
• Allows the board to make grants from the water efficiency grant program cash fund to provide water loss audit report validation assistance to covered entities;
• Allows the board and the Colorado water resources and power development authority to consider whether an entity has submitted a required audit report in deciding whether to release financial assistance to the entity for the construction of a water diversion, storage, conveyance, water treatment, or wastewater treatment facility;
• Prohibits a unit owners' association from restricting accessory dwelling units, middle housing, housing in transit-oriented areas, or housing in key corridors;
• Requires the department of transportation to ensure that the prioritization criteria for any grant program administered by the department are consistent with state strategic growth objectives, so long as doing so does not violate federal law;
• Requires any regional transportation plan that is created or updated to address and ensure consistency with state strategic growth objectives;
• Requires that expenditures for local and state multimodal projects from the multimodal transportation options fund are only to be made for multimodal projects that the department determines are consistent with state strategic growth objectives; and
• For state fiscal year 2023-24, appropriates $15,000,000 from the general fund to the housing plans assistance fund and makes the department responsible for the accounting related to the appropriation.
  (Note: This summary applies to this bill as introduced.)

For the fiscal year beginning July 1, 2023, provides for the payment of expenses of the executive, legislative, and judicial departments of the state of Colorado, and of its agencies and institutions. The grand total for the operating budget is set at $40,533,777,133. The general funds portion of the appropriation is set at $11,207,009,905; the general fund exempt portion is set at $3,489,095,143; the cash funds portion is set at $10,504,822,476; the reappropriated funds portion is set at $2,603,239,303; and federal funds portion is set at $12,729,610,306.

The grand total for the state fiscal year beginning July 1, 2023, for capital construction projects is set at $471,149,105. The capital construction fund portion is set at $256,358,189; the cash funds portion is set at $212,411,819; and the federal funds portion is set at $2,379,097.

The grand total for the state fiscal year beginning July 1, 2023, for information technology projects is set at $124,261,834. The capital construction fund portion is set at $64,890,922; the cash funds portion is set at $8,184,071; the reappropriated funds portion is set at $996,386; and the federal funds portion is set at $50,190,455.

The 2022 general appropriation act is amended to balance and make adjustments to the total amount appropriated to the judicial department and the departments of corrections, early childhood, education, health care policy and financing, higher education, human services, judicial department, nd public health and environment.

Appropriations were made in several bills during the 2022 legislative session as further amended to extend the appropriation for unexpended amounts to the 2023-24 fiscal year.

APPROVED by Governor May 1, 2023

EFFECTIVE May 1, 2023
(Note: This summary applies to this bill as enacted.)

Current law requires the general assembly to transfer money to the preschool programs cash fund from the general fund or the state education fund in the 2023-24 and 2024-25 state fiscal years. Beginning in the 2024-25 state fiscal year, the amount transferred is required to increase by the rate of inflation.

The act repeals those requirements and instead requires the general assembly to appropriate money to the department of early childhood (department) for the 2023-24 state fiscal year for purposes of the Colorado universal preschool program. Beginning in the 2024-25 state fiscal year, and each year thereafter, the amount appropriated must increase annually by the rate of inflation.

APPROVED by Governor April 20, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

The act repeals the cap on the amount of money the department of education (department) may expend on administrative costs for the school transformation grant program.

For the 2023-24 budget year, $115,785 is appropriated from the general fund to the department for the school transformation grant program.

APPROVED by Governor April 17, 2023

EFFECTIVE April 17, 2023
(Note: This summary applies to this bill as enacted.)

Current law allows approved facility schools (approved schools) to include day treatment centers, residential child care facilities, facilities licensed by the department of human services, or hospitals licensed by the department of public health and environment. The act creates the specialized day school as a type of approved school. The facility schools board (board) shall promulgate rules for a facility to become authorized to operate as a specialized day school.

Current law requires the board to adopt accountability measures. The act requires the board to adopt accountability and accreditation measures for approved schools. Beginning December 1, 2026, the state board of education shall begin accrediting approved schools based on recommendations of the board. The act requires the board to create an accreditation outcome report for each approved school. The office of facility schools (office) must publish the reports annually.

The act requires the department of education (department), department of human services, the department of health care policy and financing, and the department of public health and environment to collaborate and create an interagency resource guide to provide assistance to facilities that are pursuing licensing or authorization to operate as an approved school. The act requires the state agencies to identify and recommend legislation and changes to each department's respective rules and administrative processes to facilitate licensing, authorization, and approval processes for facilities seeking to operate as approved schools.

The act creates the shared operational services grant program (grant program) to award grants to eligible applicants to contract for 2 years with an organization that coordinates shared operational services. An approved school in conjunction with one or more schools may apply to the grant program for a grant to procure shared operational services that support schools, such as food services, janitorial services, shared office spaces, billing, technical assistance on medicaid services, technology, security, transportation, or purchasing. An organization that provides or coordinates services for approved schools or an agency that oversees approved schools may also apply to the grant program.

The act creates the technical assistance center (center) in the office to provide technical assistance support to school districts and related administrative units, with a priority to serve rural and remote school districts and related administrative units. Beginning in the 2023-24 budget year, the center is required to assess the needs of school districts and related administrative units. Beginning in the 2024-25 budget year, the center shall provide technical assistance support to school districts and related administrative units and prioritize service to rural and remote school districts.

The act creates additional responsibilities for the facility school work group (work group). The work group shall monitor the implementation of changes to the facility school system and educational services for students with exceptionally severe or specialized needs. The act expands work group participation to include parents, guardians, and legal custodians of students with exceptionally severe or specialized needs and therapeutic facilities for students with exceptionally severe or specialized needs that are not approved schools. The act requires the office to contract with a qualified third-party evaluator (evaluator) to evaluate and report whether the work group recommendations resulted in more effective services and better access to those services for students with exceptionally severe and specialized needs.

The act requires the department of health care policy and financing to recommend a plan to provide guidance to approved schools on the eligibility standards required to request and receive medicaid reimbursement funding for therapeutic services to the maximum extent feasible.

The act creates a new baseline funding model for approved schools. The act requires reporting on the new baseline funding model for approved schools.

For the 2023-24 state fiscal year, $18,780,654 is appropriated to the department from the state education fund to implement this act.

APPROVED by Governor April 20, 2023

EFFECTIVE April 20, 2023
(Note: This summary applies to this bill as enacted.)

During the 2021 legislative session, the general assembly transferred $10 million from the general fund to the public school capital construction assistance fund (fund) and appropriated this money for air quality improvement grants for schools. Of the money transferred and appropriated for air quality improvement grants, $4,705,220 remains in the fund and has not been distributed. The appropriation for fiscal year 2021-22 has expired. The act specifies that the unspent money transferred and appropriated for air quality improvement grants must not be used for air quality improvement grants and instead must be used for financial assistance as provided in the "Building Excellent Schools Today Act".

During the 2022 legislative session, the general assembly scheduled a transfer of $30 million from the marijuana tax cash fund to the fund for June 1, 2023. The act repeals this scheduled transfer before it occurs.

For state fiscal year 2023-24, the act requires the public school capital construction assistance board (board) to allocate $49,705,220 from public school capital construction assistance board cash grants to be used for supplemental grants at schools experiencing capital construction project cost overruns as a result of COVID-19 inflationary pressure.

The act changes the financial capacity factors for evaluating the match requirement for public school capital construction projects for school districts and boards of cooperative services. The new factors apply to grants awarded on or after September 1, 2023, and funded on or after July 1, 2024.

The act transfers $15 million from the state education fund to the fund on June 1, 2023. $10 million in royalties and other payments for depletion or extraction of natural resources on state lands is credited to the fund for the 2022-23 state fiscal year. The act provides for a reduction of $294,780 in cash funds appropriated from the fund to the department of education for board cash grants in the 2023 long bill.

APPROVED by Governor May 12, 2023

EFFECTIVE May 12, 2023
(Note: This summary applies to this bill as enacted.)

At the November 2022 general election, Colorado voters approved proposition FF. Proposition FF created the healthy school meals for all programs (program) and increased taxes to pay for the program.

The act creates the healthy school meals for all program general fund exempt account (account). The department of revenue will deposit the revenue resulting from the tax increase in proposition FF into the account. The department of education (department) will use the tax revenue in the account to implement the program. To the extent that there is not enough money in the account for the department to implement the program, the department may expend money from the general fund for amounts appropriated for the program.

The act also allows for expenditures in excess of appropriations from the fund for limited purposes and clarifies how the appropriations made for the program will be shown in the annual general appropriations act.

Appropriations from the account are excluded from the amount that is used to calculate the statutory general fund reserve, and the unrestricted balance in the account at the end of a fiscal year is excluded from the state general fund surplus.

For the 2023-24 state fiscal year, the act appropriates $115,339,107 from the account to the department of education and $14,786 from the account to the department of law.

APPROVED by Governor April 20, 2023

EFFECTIVE April 20, 2023
(Note: This summary applies to this bill as enacted.)

The act creates the office of school safety (office) within the office of the executive director in the department of public safety. The office oversees the school safety resource center (center), which assists schools in preventing, preparing for, responding to, and recovering from emergencies and crisis situations by offering training and other supportive services. Among other duties, the center is responsible for providing information and resources related to school safety, school emergency response planning and training, and interoperable communications to the division of fire prevention and control in the department of public safety for distribution to school districts and schools. The act clarifies that this responsibility does not permit the provision of firearms to schools districts or schools.

The director of the office is required to appoint the director of the center and appoint a grants manager to assist schools in obtaining funding related to school safety. The act also creates the crisis response unit within the office to assist schools in responding to a crisis or emergency and creates a youth violence prevention grant program within the office.

Currently, the school access for emergency response grant program (SAFER) is administered by the division of homeland security and emergency management in the department of public safety. The act moves the administration of SAFER to the office.

The act specifies that eligible entities may use money received from the school security disbursement program to implement school resource officer programs and co-responder programs.

For the 2023-24 state fiscal year, $25,798,091 is appropriated to the department of public safety for use by the office. This appropriation consists of $20,401,600 from the general fund, $5,000,000 from the school access for emergency response grant program cash fund, $250,000 from the marijuana tax cash fund, and $146,491 from the school safety resource center cash fund. To implement the act, the office may use this appropriation as follows:

• $5,524,916, which consists of $274,916 from the general fund, $5,000,000 from the school access for emergency response grant program cash fund, and $250,000 from the marijuana tax cash fund, for administrative services, which amount is based on an assumption that the office will require an additional 1.8 FTE;
• $1,825,744, which consists of $1,679,253 from the general fund and $146,491 from the school safety resource center cash fund for the center, which amount is based on an assumption that the office will require an additional 11.2 FTE;
• $1,144,023 from the general fund for the crisis response unit, which amount is based on an assumption that the office will require an additional 3.7 FTE;
• $303,408 from the general fund for threat assessment, which amount is based on an assumption that the office will require an additional 0.5 FTE;
• $16,000,000 from the general fund for the school security disbursement program; and
• $1,000,000 from the general fund for the youth violence prevention program.

For the 2023-24 state fiscal year, $313,951 is appropriated to the department of public safety for use by the office of the executive director of the department of public safety. This appropriation is from the general fund. To implement the act, the office of the executive director may use this appropriation as follows:

• $108,422 for personal services, which amount is based on an assumption that the office of the executive director will require an additional 0.9 FTE;
• $80,761 for health, life, and dental;
• $1,141 for short-term disability;
• $35,571 for amortization equalization disbursement;
• $35,571 for supplemental amortization equalization disbursement;
• $9,135 for operating expenses;
• $10,800 for vehicle lease payments; and
• $32,550 for leased space.

APPROVED by Governor April 27, 2023

EFFECTIVE April 27, 2023
(Note: This summary applies to this bill as enacted.)

The act adds that the false reporting of a mass shooting or active shooter in a public or private place or vehicle that transports people or property that causes the occupants of a building, place of assembly, or facility of public transportation to be evacuated or to be issued a shelter-in-place order; causing any disruptions or impacts to regular activities; or resulting in the initiation of a standard response protocol is a class 6 felony.

The act specifies that false reporting of an emergency is a class 1 misdemeanor if the threat causes the occupants of a building, place of assembly, or facility to be issued a shelter-in-place order, the threat causes any disruptions or impacts to regular activities, or the threat results in the initiation of a standard response protocol in response to the false report.

The act adds to the "Victim Rights Act" that a crime includes the false reporting of an emergency that is bias motivated.

APPROVED by Governor June 7, 2023

EFFECTIVE June 7, 2023
(Note: This summary applies to this bill as enacted.)

The act consolidates the review and approval process for educator preparation programs under the department of education and the state board of education.

The act creates an advisory committee to the state board of education and the department to provide input on relevant topics related to educator preparation and educator quality.

The act anticipates an appropriation of $108,990 from the educator licensure cash fund to the department of education for the office of professional services.

APPROVED by Governor June 2, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die; except that section 22-60.5-121 (2)(h) takes effect only if House Bill 23-1231 becomes law and takes effect on the effective date of this act or the effective date of House Bill 23-1231, whichever is later. House Bill 23-1231 took effect May 15, 2023.
(Note: This summary applies to this bill as enacted.)

The act creates the Colorado universal preschool program provider participation bonus program (bonus program). The bonus program requires 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 department can award additional bonus payments to eligible recipients that maintain or increase their licensed capacity to serve infants and toddlers between April 1, 2022, and April 1, 2024. Subject to available appropriations, the department shall also award bonus payments to eligible recipients located in low-capacity preschool areas.

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.

The act appropriates $2,500,000 from the general fund to the department for purposes of the program.

APPROVED by Governor June 2, 2023

EFFECTIVE June 2, 2023
(Note: This summary applies to this bill as enacted.)

The act makes the following changes to the "Colorado Open Records Act" (CORA):

• Prohibits a custodian of public records from requiring a requester to provide any form of identification to request or inspect records pursuant to CORA unless a requester is otherwise required to provide identification pursuant to law;
• Clarifies that if a public record is available in a digital format that is searchable, the custodian is required to provide a digital copy of the record in a searchable format unless otherwise requested by the requester;
• Specifies that if a public record is available in a digital format, the custodian is required to transmit copy of the record in a digital format by electronic mail or by another mutually-agreed upon transmission method if the size of the record prevents transmission by electronic mail;
• Prohibits a custodian from converting a digital record into a non-searchable format prior to transmission;
• Allows a custodian to deny a requester's right to inspect the telephone number or home address that a person provides to an elected official, agency, institution, or political subdivision of the state for the purpose of future communication with the elected official, agency, institution, or political subdivision of the state;
• Notwithstanding specified provisions of law, makes certain records of sexual harassment complaints made against an elected official and the results or report of investigations regarding alleged sexual harassment by an elected official available for inspection if the investigation concludes that the elected official is culpable for any act of sexual harassment;
• Requires each member of the general assembly, the governor's office and each office of the governor, and each state agency and institution to submit, on or before January 1, 2024, a report to the staff of the legislative council of the general assembly outlining its respective electronic mail retention policy;
• Prohibits a custodian from charging a per-page fee for providing copies of a public record if the record is provided in a digital or electronic format; and
• Requires a custodian to allow records requesters to pay any fee or deposit associated with the request via a credit card or electronic payment if the custodian allows members of the public to pay for any other service or product provided by the custodian with a credit card or electronic payment.

APPROVED by Governor June 6, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

The act:

• 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 $8,076.41 for the 2023-24 budget year; and
• Sets the target number for the 2023-24 budget year at not less than $9,101,600,922.

The act repeals the budget stabilization factor, effective July 1, 2024.

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 act provides a similar averaging provision for the institute charter schools on a per-school basis.

For the 2023-24 budget year, the act appropriates $30 million for distribution 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 act uses the districts' funded pupil count for the 2022-23 budget year.

For the 2023-24 budget year, a district's at-risk funding is the greater of the district's at-risk funding amount for the 2022-23 budget year or the 2023-24 budget year.

The act 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 act transfers $23,376,536 from the state education fund to the mill levy override match fund.

For the 2023-24 budget year, the act appropriates $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.

For the 2023-24 budget year, the act appropriates $10 million from the state education fund to be distributed to preschool providers that are a school of a school district, a district charter school, or an institute charter school, subject to requirements.

For the 2023-24 budget year, the act appropriates $1,058,115 from the state education fund to support universal screening to identify gifted children through second grade.

The act 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 act clarifies the application of certain laws to charter schools.

The act permits the 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 act 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 act extends the implementation of this requirement to the 2024-25 budget year and requires the department to conduct pre-implementation modeling and testing using the new at-risk measure and report modeling and testing findings to the education committees of the senate and house of representatives and the joint budget committee.

The act 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 January 31, 2024. 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 2 independent entities to report their findings by January 3, 2025. For the 2023-24 budget year, the act appropriates $408,625 from the state education fund for administration related to the implementation of the task force.

The act amends certain requirements for a charter school's application for financial assistance for public school capital construction.

The act 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 act 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.

Starting in the 2024-25 budget year, the act creates a formula for the funding of mill levy equalization for all institute charter schools.

For the 2023-24 budget year, the act appropriates:

• $2.5 million to the mill levy equalization fund from the general fund;
• $10 million to the department for state aid for charter school facilities; and
• $500,000 to the department for the purpose of translating individualized education program documents, contingent upon House Bill 23-1263 becoming law.

Makes an appropriation made in section 25 of the act effective only if House Bill 23-1263 becomes law.

APPROVED by Governor May 15, 2023

EFFECTIVE May 15, 2023

NOTE: House Bill 23-1263 became law, effective May 25, 2023.
(Note: This summary applies to this bill as enacted.)

The act defines "harassment or discrimination" as unwelcome physical or verbal conduct or any written, pictorial, or visual communication by a student or employee that is directed at a student or group of students because of that student's or group's membership in, or perceived membership in, a protected class. The conduct or communication need not be severe or pervasive under specified circumstances. Whether conduct constitutes harassment or discrimination is judged under the totality of the circumstances.

The act requires a public school that enrolls students in any of grades kindergarten through 12 (public school) to accept formal reports of harassment or discrimination in writing or in person; by phone, e-mail, or online form. A report received by a public school that alleges harassment or discrimination is confidential. The act requires a public school to:

• Post notices describing how a student can report harassment or discrimination to the school;
• Grant an excused absence to a student for certain out-of-school appointments related to the student experiencing harassment or discrimination; and
• Provide accommodations and supportive measures to a student experiencing harassment or discrimination.

Each school district, charter school, or board of cooperative services (local education provider) shall adopt procedures for investigating reports of harassment or discrimination. A local education provider shall retain the records of a harassment or discrimination report for 7 years.

Each local education provider shall adopt a written policy (policy) that protects students experiencing harassment or discrimination. The policy must include the following:

• Information on reporting options for students, including contact information for the person designated to receive reports;
• An explanation of the school's role in responding to reports of harassment or discrimination;
• Information about resources for victims of violence;
• A prohibition on a school using a student report of harassment or discrimination or information learned during an investigation as the basis for, or a consideration in, investigating or exacting any disciplinary response for specified school violations by the student related to the harassment or discrimination; and
• Information about available accommodations and supportive measures.

A public school shall make the policy available annually to students, students' parents and legal guardians, and employees.

The act requires a public school to provide training to school staff about harassment and discrimination, including training about the school's policy. Each new employee of a public school must complete training upon hiring, and every 3 years thereafter.

Public schools of a school district must report information about harassment or discrimination to school districts, who report that information to the department of education (department). An institute charter school reports the information to the state charter school institute, who reports the information to the department. The department reports the information to the sexual misconduct advisory committee in the department of higher education.

A complaint of harassment or discrimination that is unsubstantiated, and all records related to the unsubstantiated complaint, is not a public record subject to disclosure pursuant to the "Colorado Open Records Act" and must not serve as a basis for discipline, dismissal, termination, or any employment reference or licensing action unless the conduct establishes of pattern of the same or similar behavior.

The act exempts from the existing school attendance requirement excused absences for a therapy, medical, legal, or victim services appointment, or for behavioral or mental health concerns, related to harassment or discrimination.

APPROVED by Governor June 6, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

The act requires the secretary of state to refer a ballot issue to voters at the November 2023 election. Most of the act only becomes effective if the voters approve the ballot issue.

Beginning with the 2023 property tax year, the act 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 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.

The act temporarily reduces the valuation for assessment (valuation) for certain subclasses of nonresidential and residential property for the property tax years 2023 through 2032 and creates the new subclass of renewable energy agricultural land, which is a subclass of nonresidential property. The act also establishes the residential real property subclasses of primary residence real property and qualified-senior primary residence real property 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.

Several property tax deadlines for the 2023 property tax year are delayed because of the possible valuation reductions that are contingent on the 2023 ballot. County assessors are required to provide information to taxpayers about the new valuations for assessment and the application process for primary residence real property and qualified-senior primary residence real property.

The act modifies an existing mechanism designed to reimburse local governmental entities for property tax revenue reductions by extending the backfill through 2032, incorporating the lost revenue due to the act, clarifying how the reimbursement is determined, excluding local governmental entities that have a certain amount of growth in assessed value, capping the total amount of state backfill, and eliminating the cap on the amount of excess state revenues that may be used for the reimbursements for the 2023 property tax year.

If the voters approve the referred ballot issue, which the act requires to be called "proposition HH", then the state will be authorized to retain and spend revenues up to the proposition HH cap, the amount of which is determined under the act. The ability of the general assembly to continue retaining and spending this money after the fiscal year 2031-32 is contingent on the general assembly enacting future valuation reductions. 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 act and Senate Bill 22-238 "Concerning reductions in real property taxation for only the 2023 and 2024 property tax years" and then up to $20 million for the amount of property taxes that are paid as a portion of a tenant's rent. Any remaining amounts are transferred to the state education fund to offset the revenue that school districts lose as a result of the property tax changes.

APPROVED by Governor May 24, 2023

EFFECTIVE May 24, 2023

NOTE: The act takes effect only if a majority of voters approve the ballot issue referred in accordance with section 24-77-202, and in which case the act takes effect on the date of the official declaration of the vote thereon by the governor; except that, section 3; section 39-1-104.2 (3.7); section 39-3-210 (1)(a.3), (1)(e), and (2.5); section 18; section 23; and section 24 of the act take effect upon passage.
(Note: This summary applies to this bill as enacted.)

The act specifies that when a property tax assessor values real property, the property tax assessor shall consider:

• The current use;
• Existing zoning and other governmental land use or environmental regulations and restrictions;
• Multi-year leases or other contractual arrangements affecting the use of or income from real property;
• Easements and reservations of record; and
• Covenants, conditions, and restrictions of record.

Beginning January 1, 2024, the act requires counties with a population greater than 300,000 to use an alternative procedure to determine objections and protests of property tax valuations in any year of general reassessment of real property that is valued biennially.

At the request of a taxpayer, the law requires a property tax assessor to provide the taxpayer with certain data that the assessor used to determine the value of the taxpayer's property. The act clarifies that the data the assessor is required to provide must include the primary method and rates the assessor used to value the property.

APPROVED by Governor May 24, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)