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-