Colorado 2023 2023 Regular Session

Colorado Senate Bill SB094 Introduced / Bill

Filed 01/30/2023

                    First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
 
 
LLS NO. 23-0764.01 Jacob Baus x2173
SENATE BILL 23-094
Senate Committees House Committees
Education
A BILL FOR AN ACT
C
ONCERNING THE CREATION OF A TASK FORCE TO REPORT ON101
MEASURES TO IMPROVE SCHOOL TRANSPORTATION .102
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 a Colorado school transportation modernization
task force (task force) to create a report containing findings and
recommendations to improve public school transportation services for
students.
The task force specifies task force membership, including the
commissioner of education or the commissioner's designee, and members
SENATE SPONSORSHIP
Lundeen and Zenzinger, 
HOUSE SPONSORSHIP
(None), 
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. appointed by the commissioner.
The task force must prepare, publish, and share the findings of its
the report by January 31, 2024, with the education committees of the
general assembly, the state board of education, and the governor.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add article 106 to2
title 22 as follows:3
ARTICLE 1064
School Transportation Modernization Task Force5
22-106-101.  Legislative declaration. (1)  T
HE GENERAL6
ASSEMBLY FINDS THAT:7
(a)  T
HE COVID-19 PANDEMIC SEVERELY EXACERBATED AN8
EXISTING PUBLIC SCHOOL TRANSPORTATION WORKFORCE SHORTAGE ,9
LIMITING THE NUMBER OF BUSES AVAILABLE TO TRANSPORT STUDENTS TO10
AND FROM SCHOOL IN COLORADO. BUS DRIVER SHORTAGES ARE CAUSED11
BY SEVERAL FACTORS , INCLUDING FEDERAL REGULATIONS AROUND12
HEALTH REQUIREMENTS , LACK OF COMPETITIVE WAGES , AND ODD13
WORKING HOURS.14
(b)  T
O ADJUST TO THE PUBLIC SCHOOL TRANSPORTATION15
SHORTAGE, SCHOOL DISTRICTS AND PUBLIC SCHOOLS ARE CONSOLIDATING16
ROUTES OR ALTERING ELIGIBILITY CRITERIA, RESULTING IN FEWER STOPS17
AND LONGER ROUTES . STUDENTS OF COLOR AND STUDENTS FROM18
UNDER-RESOURCED COMMUNITIES ARE DISPROPORTIONATELY IMPACTED19
BY THE TRANSPORTATION SHORTAGE AND STRUGGLE TO ACCESS SCHOOL20
DISTRICTS OF THEIR CHOICE AND CAREER PATHWAY PROGRAMS BECAUSE21
OF THEIR LIMITED ACCESS TO TRANSPORTATION .22
(c)  T
HERE IS A GROWING NEED FOR TRANSPORTATION TO OFFSITE23
SB23-094-2- CAREER PATHWAY PROGRAMS AND OTHER CAREER -CONNECTED LEARNING1
OPPORTUNITIES AS THESE PROGRAMS CONTINUE TO EXPAND . DUE TO2
TRANSPORTATION CHALLENGES , STUDENTS LACK EQUITABLE ACCESS TO3
THESE PROGRAMS, EVEN THOUGH THE STATE HAS RECOGNIZED THE4
IMPORTANCE OF THESE PROGRAMS .5
(d)  T
O INCREASE EDUCATIONAL EQUITY , SCHOOL DISTRICTS AND6
PUBLIC SCHOOLS MUST PROVIDE STUDENTS OF COLOR AND STUDENTS FROM7
UNDER-RESOURCED COMMUNITIES WITH ACCESS TO THE SAME8
EDUCATIONAL AND ENRICHMENT OPPORTUNITIES THAT ARE AVAILABLE TO9
STUDENTS WHO HAVE MORE RESOURCES ;10
(e)  C
URRENT POST-PANDEMIC CONDITIONS REQUIRE NEW AND11
INNOVATIVE IDEAS TO ENCOURAGE SCHOOL DISTRICTS AND PUBLIC12
SCHOOLS TO EMPLOY SUFFICIENT TRANSPORTATION STAFF , PROCURE AND13
UTILIZE EQUIPMENT MORE EFFICIENTLY, AND SUPPLEMENT THE CURRENT14
TRANSPORTATION MODEL WITH A VARIETY OF ALTERNATIVE15
TRANSPORTATION OPTIONS;16
(f)  T
HE DEPARTMENT OF EDUCATION COLLECTS DATA CONCERNING17
SCHOOL TRANSPORTATION FOR THE PURPOSE OF CALCULATING18
REIMBURSEMENTS TO SCHOOL DISTRICTS , INCLUDING THE NUMBER OF19
ROUTE MILES SCHEDULED ON A SPECIFIC PUPIL COUNT DAY IN OCTOBER20
AND THE NUMBER OF DAYS DURING THE SCHOOL YEAR THAT21
TRANSPORTATION WAS PROVIDED TO PUBLIC SCHOOL STUDENTS ;22
(g)  A
DDITIONAL DATA SUCH AS ACTUAL UTILIZATION RATES ,23
ELIGIBILITY STANDARDS, SERVICE GAPS, AND USE OF ALTERNATIVE24
TRANSPORTATION MODELS ARE NOT COLLECTED AT THE STATE LEVEL ,25
ALTHOUGH DISTRICTS TRACK SUCH DATA ON THEIR OWN ;26
(h)  G
IVEN THE SEVERE BUS DRIVER SHORTAGE AND THE LACK OF27
SB23-094
-3- TRANSPORTATION TO SCHOOL THAT MANY PUBLIC SCHOOL STUDENTS ARE1
EXPERIENCING, THE STATE HAS A VESTED INTEREST IN BETTER2
UNDERSTANDING PUBLIC SCHOOL TRANSPORTATION DATA ; AND3
(i)  C
OLLECTING AND DISSEMINATING SUCH TRANSPORTATION4
DATA WOULD ALLOW POLICYMAKERS TO FACILITATE IMPROVEMENTS TO5
PUBLIC ELEMENTARY AND SECONDARY SC HOOL TRANSPORTATION	, BETTER6
SERVE STUDENTS, AND ALLEVIATE BURDENS ON SCHOOL DISTRICTS .7
(2)  T
HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT IT IS IN8
THE BEST INTERESTS OF THE STATE TO DIRECT THE COMMISSIONER OF9
EDUCATION TO CONVENE THE COLORADO SCHOOL TRANSPORTATION10
MODERNIZATION TASK FORCE TO STUDY THE ISSUES FACING SCHOOL11
TRANSPORTATION SYSTEMS AND USE THE STUDY 'S FINDINGS TO DEVELOP12
AND RECOMMEND POLICIES , LAWS, AND RULES TO IMPROVE PUBLIC13
SCHOOL TRANSPORTATION ACROSS THE STATE IN ORDER TO BETTER MEET14
STUDENT NEEDS AND ALLEVIATE BURDENS ON SCHOOL DISTRICTS .15
22-106-102.  Definitions. A
S USED IN THIS ARTICLE 106, UNLESS16
THE CONTEXT OTHERWISE REQUIRES :17
(1)  "C
AREER PATHWAY PROGRAMS " MEANS LEARNING THAT18
OCCURS, IN WHOLE OR IN PART, IN THE WORKPLACE AND PROVIDES19
STUDENTS WITH EXPERIENCE AND TRAINING FOR SKILLS DEVELOPMENT .20
"C
AREER PATHWAY PROGRAMS " INCLUDES EXTENDED HIGH SCHOOL21
PROGRAMS, JOB SHADOWING , INTERNSHIPS, EXTERNSHIPS ,22
PREAPPRENTICESHIPS, AND APPRENTICESHIPS.23
(2)  "R
URAL SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT THAT24
THE DEPARTMENT OF EDUCATION DETERMINES IS RURAL BASED ON THE25
GEOGRAPHIC SIZE OF THE SCHOOL DISTRICT AND THE DISTANCE OF THE26
SCHOOL DISTRICT FROM THE NEAREST LARGE AND URBANIZED AREA , WITH27
SB23-094
-4- A TOTAL PUPIL ENROLLMENT OF SIX THOUSAND FIVE HUNDRED STUDENTS1
OR FEWER.2
22-106-103.  Colorado school transportation modernization3
task force. (1)  T
HERE IS CREATED IN THE DEPARTMENT OF EDUCATION4
THE COLORADO SCHOOL TRANSPORTATION MODERNIZATION TASK FORCE ,5
REFERRED TO IN THIS ARTICLE 106 AS THE "TASK FORCE".6
(2)  T
HE COMMITTEE CONSISTS OF THE FOLLOWING MEMBERS :7
(a)  T
HE COMMISSIONER OF EDUCATION OR THE COMMISSIONER 'S8
DESIGNEE;9
(b)  A
T A MINIMUM, THE FOLLOWING MEMBERS APPOINTED BY THE10
COMMISSIONER OF EDUCATION :11
(I)  T
WO MEMBERS WHO ARE PARENTS OR LEGAL GUARDIANS OF12
STUDENTS ENROLLED IN A PUBLIC ELEMENTARY OR SECONDARY SCHOOL13
WHO USE SCHOOL TRANSPORTATION OR WOULD USE SCHOOL14
TRANSPORTATION IF IT WERE AVAILABLE. AT A MINIMUM, ONE PARENT OR15
LEGAL GUARDIAN MEMBER MUST HAVE THEIR STUDENT ENROLLED IN A16
RURAL SCHOOL DISTRICT.17
(II)  T
HREE MEMBERS WHO ARE SCHOOL TRANSPORTATION18
DIRECTORS FOR SCHOOL DISTRICTS. AT A MINIMUM, ONE DIRECTOR MUST19
BE FROM A RURAL SCHOOL DISTRICT , ONE DIRECTOR MUST BE FROM A20
SUBURBAN SCHOOL DISTRICT, AND ONE MEMBER MUST BE FROM AN URBAN21
SCHOOL DISTRICT.22
(III)  T
WO MEMBERS WHO REPRESENT CHARTER SCHOOLS ;23
(IV)  T
WO MEMBERS WHO REPRESENT LABOR UNIONS FOR SCHOOL24
BUS DRIVERS;25
(V)  T
WO MEMBERS WHO REPRESENT BUSINESSES OR INDUSTRIES26
THAT PARTNER WITH SCHOOLS TO PROVIDE CAREER PATHWAY PROGRAMS ;27
SB23-094
-5- (VI)  TWO MEMBERS WHO REPRESENT EDUCATION ADVOCACY1
ORGANIZATIONS WITH EXPERIENCE ADVOCATING FOR SC HOOL2
TRANSPORTATION MODERNIZATION ;3
(VII)  T
WO MEMBERS WHO REPRESENT PUBLIC TRANSPORTATION4
PROVIDERS;5
(VIII)  T
WO MEMBERS WHO REPRESENT RIDE SHARE6
TRANSPORTATION PROVIDERS ;7
(IX)  O
NE MEMBER WHO IS AN AFTER-SCHOOL PROGRAM PROVIDER ;8
AND9
(X)  O
NE MEMBER WHO REPRESENTS A RECIPIENT OF A10
TRANSPORTATION ASSISTANCE GRANT FROM THE DEPARTMENT OF11
EDUCATION.12
(3)  O
N OR BEFORE JUNE 30, 2023, THE COMMISSIONER OF13
EDUCATION SHALL MAKE TASK FORCE APPOINTMENTS .14
(4)  T
HE COMMISSIONER OF EDUCATION , OR THE COMMISSIONER'S15
DESIGNEE, SHALL CHAIR THE TASK FORCE.16
(5)  T
HE TASK FORCE SHALL MEET AT THE CALL OF THE CHAIR AT17
LEAST FOUR TIMES FROM JULY 2023 TO DECEMBER 2023.18
(6)  T
HE TASK FORCE IS A STATE PUBLIC BODY FOR PURPOSES OF19
SECTION 24-6-402, AND MEETINGS OF THE TASK FORCE ARE SUBJECT TO20
THE REQUIREMENTS OF THAT SECTION. THE TASK FORCE IS SUBJECT TO THE21
PROVISIONS OF THE "COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE22
72
 OF TITLE 24.23
(7)  T
ASK FORCE MEMBERS SERVE WITHOUT COMPENSATION BUT24
MAY BE REIMBURSED FOR EXPENSES DIRECTLY RELATING TO THEIR25
SERVICE ON THE TASK FORCE.26
(8)  U
PON THE REQUEST OF THE CHAIR OF THE TASK FORCE , THE27
SB23-094
-6- DEPARTMENT OF EDUCATION SHALL PROVIDE STAFF ASSISTANCE , MEETING1
SPACE, OR AUDIO-VISUAL COMMUNICATION TECHNOLOGY RESOURCES TO2
THE TASK FORCE AS NECESSARY FOR THE PERFORMANCE OF ITS DUTIES .3
22-106-104.  Task force duties - report. (1)  T
O INFORM THE4
WORK OF THE TASK FORCE , THE DEPARTMENT OF EDUCATION SHALL5
COLLECT, STUDY, AND PUBLICLY REPORT THE SCHOOL TRANSPORTATION6
DATA DESCRIBED IN THIS SUBSECTION (1). THE DEPARTMENT OF7
EDUCATION SHALL PRESENT THE FOLLOWING DATA TO THE TASK FORCE AS8
IT BECOMES AVAILABLE:9
(a)  S
TUDENT ELIGIBILITY, INCLUDING FACTORS USED BY SCHOOL10
DISTRICTS TO DETERMINE ELIGIBILITY FOR TRANSPORTATION AND11
WHETHER THE FACTORS USED CREATE BARRIERS FOR STUDENTS TO12
ATTEND THEIR SCHOOL OF CHOICE;13
(b)  S
TUDENT UTILIZATION, INCLUDING HOW MANY ELIGIBLE14
STUDENTS UTILIZE SCHOOL TRANSPORTATION , WHETHER ROUTES ARE AT15
CAPACITY, AND METHODOLOGIES USED BY SCHOOL DISTRICTS TO IDENTIFY16
UTILIZATION PATTERNS AND ADJUST OPERATIONS ACCORDINGLY ;17
(c)  D
RIVER STAFFING LEVELS, INCLUDING STAFFING REQUIRED TO18
COVER ROUTES, AND WHETHER AND HOW SCHOOL DISTRICTS CONTRACT19
WITH PUBLIC TRANSPORTATION PROVIDERS OR ALTERNATIVE20
TRANSPORTATION PROVIDERS TO SATISFY SCHOOL TRANSPORTATION21
NEEDS;22
(d)  F
LEET DIVERSIFICATION, INCLUDING THE TYPES OF BUSES OR23
VEHICLES USED TO SATISFY SCHOOL TRANSPORTATION NEEDS AND COSTS24
ASSOCIATED WITH THE BUS OR VEHICLES USED ; AND25
(e)  S
ERVICE GAPS, INCLUDING IDENTIFYING DISCREPANCIES26
BETWEEN ELIGIBLE STUDENTS AND UTILIZATION , AND CAUSES OF THOSE27
SB23-094
-7- DISCREPANCIES.1
(2)  C
ONSIDERING DATA COLLECTED BY THE DEPARTMENT OF2
EDUCATION PURSUANT TO SUBSECTION (1) OF THIS SECTION, AND INPUT3
FROM TASK FORCE MEMBERS OR OTHER EXPERTS AS CONSULTED , THE TASK4
FORCE SHALL CREATE A REPORT CONTAINING FINDINGS AND5
RECOMMENDATIONS FOR THE PURPOSE OF IMPROVING SCHOOL6
TRANSPORTATION SERVICES FOR STUDENTS . THE REPORT MUST INCLUDE:7
(a)  I
DENTIFICATION OF TRANSPORTATION CHALLENGES THAT8
CREATE BARRIERS TO STUDENTS ATTENDING A SCHOOL OF THEIR CHOICE9
OR CAREER PATHWAY PROGRAMS ;10
(b)  R
ECOMMENDATIONS FOR IMPLEMENTING A SIMPLIFIED11
REIMBURSEMENT PROCESS FOR SCHOOL DISTRICTS BASED ON THE FINDINGS12
OR RECOMMENDATIONS FROM THE TRANSPORTATION SUBCOMMITTEE OF13
THE FINANCIAL POLICIES AND PROCEDURES ADVISORY COMMITTEE OF THE14
DEPARTMENT OF EDUCATION ;15
(c)  I
DENTIFICATION OF EXISTING AND POTENTIAL FUNDING16
SOURCES FOR PROVIDING SCHOOL TRANSPORTATION ;17
(d)  R
ECOMMENDATIONS FOR CREATING AND IMPLEMENTING18
SUSTAINABLE FUNDING MECHANISMS TO MEET SCHOOL TRANSPORTATION19
NEEDS;20
(e)  R
ECOMMENDATIONS FOR CREATING AND IMPLEMENTING A21
TRANSPORTATION INNOVATION FUND TO SUPPORT LOCAL EFFORTS TO22
CREATE NEW AND INNOVATIVE TRANSPORTATION SOLUTIONS THAT MAY23
SERVE AS A MODEL TO SCALE AND SUSTAIN IN OTHER SCHOOL DISTRICTS ;24
(f)  R
ECOMMENDATIONS FOR FACILITATING PARTNERSHIPS AMONG25
SCHOOL DISTRICTS, DISTRICT AND INSTITUTE CHARTER SCHOOLS , PUBLIC26
TRANSPORTATION PROVIDERS, PRIVATE TRANSPORTATION PROVIDERS, AND27
SB23-094
-8- LOCAL NONPROFIT ORGANIZATIONS TO MEET TRANSPORTATION NEEDS AND1
CREATE COST EFFICIENCIES;2
(g)  R
ECOMMENDATIONS FOR CREATING PATHWAYS AND TALENT3
PIPELINES FOR TRANSPORTATION PROVIDER AND LOGISTICS CAREERS ;4
(h)  R
ECOMMENDATIONS FOR COMPETITIVE SALARIES AND5
BENEFITS PACKAGES NECESSARY TO RECRUIT AND RETAIN SCHOOL6
TRANSPORTATION DRIVERS;7
(i)  I
DENTIFICATION OF OUTCOMES FROM TRANSPORTATION8
ASSISTANCE GRANTS FROM THE DEPARTMENT OF EDUCATION , AND9
RECOMMENDATIONS FOR REPLICATION OR EXPANSION ; AND10
(j)  R
ECOMMENDATIONS FOR LEGISLATION OR RULES THAT MAY11
IMPROVE SCHOOL TRANSPORTATION .12
(3)  O
N OR BEFORE JANUARY 31, 2024, THE TASK FORCE SHALL13
SUBMIT ITS REPORT TO THE EDUCATION COMMITTEES OF THE SENATE AND14
HOUSE OF REPRESENTATIVES, OR ANY SUCCESSOR COMMITTEES, THE STATE15
BOARD OF EDUCATION, AND THE GOVERNOR AND SHALL PUBLISH THE16
REPORT ON ITS WEBSITE.17
22-106-105.  Repeal of article. T
HIS ARTICLE 106 IS REPEALED,18
EFFECTIVE JULY 1, 2025.19
SECTION 2. Safety clause. The general assembly hereby finds,20
determines, and declares that this act is necessary for the immediate21
preservation of the public peace, health, or safety.22
SB23-094
-9-