Proposed Guidance Policies Developed by Colorado Department of Education

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED HOUSE BILL 26-1094 LLS NO. 26-0302.01 Shelby Ross x4510 HOUSE SPONSORSHIP Hamrick, SENATE SPONSORSHIP Marchman, House Committees Senate Committees Education A BILL FOR AN ACT CONCERNING PROPOSED GUIDANCE POLICIES DEVELOPED BY THE DEPARTMENT OF EDUCATION, AND, IN CONNECTION THEREWITH, CREATING THE COLORADO SCHOOL DISTRICT SUPERINTENDENTS COUNCIL.

Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill creates the Colorado school district superintendents council (council) in the department of education (department) to coordinate with school districts regarding proposed guidance policies Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

developed by the department and to cooperate with and secure the assistance of school districts in formulating, coordinating, and recommending guidance policies to the department. The department is required to send the council proposed guidance policies, and the council shall review, discuss, and vote on the proposed guidance policies within 45 days after receiving the policies. The proposed guidance policies must not go into effect until the council has taken formal action by a majority vote on the policies. The department is required to consider and incorporate the council's recommendations involving department guidance policies that impact local control.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 22-1-151 as follows: 22-1-151. Colorado school district superintendents council creation - duties and powers - membership - definitions. (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(a) "COUNCIL" MEANS THE COLORADO SCHOOL DISTRICT SUPERINTENDENTS COUNCIL CREATED IN SUBSECTION (2) OF THIS SECTION.

(b) "DEPARTMENT" MEANS THE DEPARTMENT OF EDUCATION.

(c) "SCHOOL DISTRICT" HAS THE SAME MEANING SET FORTH IN

SECTION 22-30-103.

(d) "SUPERINTENDENT" MEANS THE CHIEF EXECUTIVE OFFICER EMPLOYED TO ADMINISTER THE AFFAIRS AND THE PROGRAMS OF A SCHOOL DISTRICT PURSUANT TO SECTION 22-32-110 (1)(g).

(2) THE COLORADO SCHOOL DISTRICT SUPERINTENDENTS COUNCIL IS CREATED IN THE DEPARTMENT OF EDUCATION. THE COUNCIL SHALL COORDINATE WITH SCHOOL DISTRICTS REGARDING PROPOSED GUIDANCE POLICIES DEVELOPED BY THE DEPARTMENT AND COOPERATE WITH AND SECURE THE ASSISTANCE OF SCHOOL DISTRICTS IN FORMULATING, COORDINATING, AND RECOMMENDING GUIDANCE POLICIES TO THE DEPARTMENT.

(3) THE DEPARTMENT SHALL SEND THE COUNCIL ALL PROPOSED GUIDANCE POLICIES, INCLUDING REVISED GUIDANCE POLICIES, AND THE COUNCIL SHALL REVIEW, DISCUSS, AND VOTE ON THE PROPOSED GUIDANCE POLICIES WITHIN FORTY-FIVE DAYS AFTER RECEIVING THE POLICIES FROM THE DEPARTMENT. THE PROPOSED GUIDANCE POLICIES MUST NOT GO INTO EFFECT UNTIL THE COUNCIL HAS TAKEN FORMAL ACTION BY A MAJORITY VOTE ON THE POLICIES.

INCORPORATE DEPARTMENT GUIDANCE POLICIES THAT IMPACT LOCAL CONTROL.

THE THE DEPARTMENT SHALL CONSIDER AND COUNCIL' S RECOMMENDATIONS INVOLVING

(4) THE COUNCIL HAS THE FOLLOWING POWERS:

(a) TO MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY FOR FUNDING NEEDED TO COMPLY WITH THE COUNCIL'S PURPOSE AND TO EXPEND MONEY IN COMPLIANCE WITH STATE REGULATIONS;

(b) TO SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS, AND DONATIONS FOR USE IN FURTHERING THE COUNCIL'S PURPOSE;

(c) TO MAKE LEGISLATIVE RECOMMENDATIONS TO THE STATE BOARD OF EDUCATION AND THE GENERAL ASSEMBLY;

(d) TO MAKE RECOMMENDATIONS TO THE DEPARTMENT REGARDING ESTABLISHED DEPARTMENT GUIDANCE POLICIES AND PROPOSED GUIDANCE POLICIES PURSUANT TO SUBSECTION (3) OF THIS SECTION;

(e) TO FORM COMMITTEES, AS NEEDED, TO RESPOND TO AND ADDRESS THE NEEDS OF SCHOOL DISTRICTS; AND

(f) TO SUBMIT COUNCIL RECOMMENDATIONS TO THE HOUSE OF REPRESENTATIVES EDUCATION COMMITTEE AND THE SENATE EDUCATION COMMITTEE, OR THEIR SUCCESSOR COMMITTEES, BY DECEMBER 31 OF EACH YEAR, IF APPLICABLE.

(5) (a) THE COUNCIL CONSISTS OF THE FOLLOWING MEMBERS:

(I) FIVE SCHOOL DISTRICT SUPERINTENDENTS , OR THE SUPERINTENDENT'S DESIGNEE, WHO SERVE FEWER THAN SIX THOUSAND STUDENTS, APPOINTED BY A STATEWIDE ENTITY THAT REPRESENTS SCHOOL DISTRICT SUPERINTENDENTS;

(II) FIVE SCHOOL DISTRICT SUPERINTENDENTS, OR THE SUPERINTENDENT'S DESIGNEE, WHO SERVE SIX THOUSAND STUDENTS OR MORE, APPOINTED BY A STATEWIDE ENTITY THAT REPRESENTS SCHOOL DISTRICT SUPERINTENDENTS; AND

(III) ONE REPRESENTATIVE FROM A STATEWIDE ENTITY THAT REPRESENTS SCHOOL DISTRICT SUPERINTENDENTS, APPOINTED BY THE GOVERNOR.

(b) THE COUNCIL MAY APPOINT THE FOLLOWING MEMBERS, AS THE COUNCIL DEEMS APPROPRIATE, IN ORDER TO RESPOND TO SCHOOL DISTRICTS:

(I) REPRESENTATIVES OF FEDERAL, STATE, OR LOCAL GOVERNMENTAL ENTITIES, WHO ARE NONVOTING MEMBERS; AND

(II) REPRESENTATIVES OF NONGOVERNMENTAL ENTITIES THAT HANDLE ISSUES FACING SCHOOL DISTRICTS, WHO ARE NONVOTING ADVISORY MEMBERS.

(c) THE COUNCIL MAY CONSULT WITH OTHER INDIVIDUALS AS THE COUNCIL DEEMS APPROPRIATE, INCLUDING REPRESENTATIVES OF OTHER PRINCIPAL SUBDIVISIONS OF THE STATE, ORGANIZATIONS WITH EXPERIENCE IN SCHOOL DISTRICT MATTERS, OR OTHER SIMILAR ENTITIES.

DEPARTMENTS OF STATE GOVERNMENT , POLITICAL

(6) (a) THE COUNCIL SHALL SELECT A CHAIR AND THE CHAIR SHALL CALL THE FIRST MEETING OF THE COUNCIL. THE COUNCIL SHALL MEET AT LEAST QUARTERLY AND AT ANY OTHER TIME THE COUNCIL DEEMS NECESSARY. A MEETING MAY BE CALLED BY THE COUNCIL CHAIR OR BY A PETITION SIGNED BY A MAJORITY OF THE VOTING MEMBERS OF THE COUNCIL. THE MEMBER WHO PROVIDES NOTICE OF THE MEETING SHALL PROVIDE MEMBERS WITH AT LEAST TEN DAYS' WRITTEN NOTICE PRIOR TO THE MEETING DATE.

(b) A MEETING MUST NOT CONVENE UNTIL A QUORUM IS PRESENT CONSISTING OF A SIMPLE MAJORITY OF THE VOTING MEMBERS. A MEMBER OF THE COMMITTEE SHALL NOT VOTE BY PROXY.

SECTION 2. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.