First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 23-0764.01 Jacob Baus x2173
SENATE BILL 23-094
Senate Committees House Committees
Education
Appropriations
A BILL FOR AN ACT
C
ONCERNING THE CREATION OF A TASK FORCE TO REPORT ON101
MEASURES TO IMPROVE SCHOOL TRANSPORTATION , AND, IN
102
CONNECTION THEREWITH , MAKING AN APPROPRIATION .103
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
SENATE
3rd Reading Unamended
March 15, 2023
SENATE
Amended 2nd Reading
March 14, 2023
SENATE SPONSORSHIP
Lundeen and Zenzinger, Bridges, Buckner, Coleman, Cutter, Exum, Ginal, Kirkmeyer,
Pelton B., Priola, Simpson, Sullivan, Will, Winter F.
HOUSE SPONSORSHIP
Wilson and Lukens,
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. commissioner of education or the commissioner's designee, and members
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 ,
STUDENTS FROM18
UNDER-RESOURCED COMMUNITIES, AND STUDENTS WITH A DISABILITY ARE19
DISPROPORTIONATELY IMPACTED BY THE TRANSPORTATION SHORTAGE20
AND STRUGGLE TO ACCESS SCHOOL DISTRICTS OF THEIR CHOICE AND21
CAREER PATHWAY PROGRAMS BECAUSE OF THEIR LIMITED ACCESS TO22
TRANSPORTATION.23
094-2- (c) THERE IS A GROWING NEED FOR TRANSPORTATION TO OFFSITE1
CAREER PATHWAY PROGRAMS AND OTHER CAREER -CONNECTED LEARNING2
OPPORTUNITIES AS THESE PROGRAMS CONTINUE TO EXPAND . DUE TO3
TRANSPORTATION CHALLENGES , STUDENTS LACK EQUITABLE ACCESS TO4
THESE PROGRAMS, EVEN THOUGH THE STATE HAS RECOGNIZED THE5
IMPORTANCE OF THESE PROGRAMS .6
(d) T
O INCREASE EDUCATIONAL EQUITY , SCHOOL DISTRICTS AND7
PUBLIC SCHOOLS MUST PROVIDE STUDENTS OF COLOR ,
STUDENTS FROM8
UNDER-RESOURCED COMMUNITIES , AND STUDENTS WITH A DISABILITY9
WITH ACCESS TO THE SAME EDUCATIONAL AND ENRICHMENT10
OPPORTUNITIES THAT ARE AVAILABLE TO STUDENTS WHO HAVE MORE11
RESOURCES;12
(e) C
URRENT POST-PANDEMIC CONDITIONS REQUIRE NEW AND13
INNOVATIVE IDEAS TO SUPPORT
SCHOOL DISTRICTS AND PUBLIC SCHOOLS14
IN EMPLOYING SUFFICIENT TRANSPORTATION STAFF , PROCURING AND15
UTILIZING EQUIPMENT MORE EFFICIENTLY , AND SUPPLEMENTING THE16
CURRENT TRANSPORTATION MODEL WITH A VARIETY OF ALTERNATIVE17
TRANSPORTATION OPTIONS;18
(f) T
HE DEPARTMENT OF EDUCATION COLLECTS DATA CONCERNING19
SCHOOL TRANSPORTATION FOR THE PURPOSE OF CALCULATING20
REIMBURSEMENTS TO SCHOOL DISTRICTS , INCLUDING THE NUMBER OF21
ROUTE MILES SCHEDULED ON A SPECIFIC PUPIL COUNT DAY IN OCTOBER22
AND THE NUMBER OF DAYS DURING THE SCHOOL YEAR THAT23
TRANSPORTATION WAS PROVIDED TO PUBLIC SCHOOL STUDENTS ;24
(g) A
DDITIONAL DATA SUCH AS ACTUAL UTILIZATION RATES ,25
ELIGIBILITY STANDARDS, SERVICE GAPS, AND USE OF ALTERNATIVE26
TRANSPORTATION MODELS ARE NOT COLLECTED AT THE STATE LEVEL ,27
094
-3- ALTHOUGH DISTRICTS TRACK SUCH DATA ON THEIR OWN ;1
(h) G
IVEN THE SEVERE BUS DRIVER SHORTAGE AND THE LACK OF2
TRANSPORTATION TO SCHOOL THAT MANY PUBLIC SCHOOL STUDENTS ARE3
EXPERIENCING, THE STATE HAS A VESTED INTEREST IN BETTER4
UNDERSTANDING PUBLIC SCHOOL TRANSPORTATION DATA ; AND5
(i) C
OLLECTING AND DISSEMINATING SUCH TRANSPORTATION6
DATA WOULD ALLOW POLICYMAKERS TO FACILITATE IMPROVEMENTS TO7
PUBLIC ELEMENTARY AND SECONDARY SCHOOL TRANSPORTATION , BETTER8
SERVE STUDENTS, AND ALLEVIATE BURDENS ON SCHOOL DISTRICTS .9
(2) T
HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT IT IS IN10
THE BEST INTERESTS OF THE STATE TO DIRECT THE COMMISSIONER OF11
EDUCATION TO CONVENE THE COLORADO SCHOOL TRANSPORTATION12
MODERNIZATION TASK FORCE TO STUDY THE ISSUES FACING SCHOOL13
TRANSPORTATION SYSTEMS AND USE THE STUDY 'S FINDINGS TO DEVELOP14
AND RECOMMEND POLICIES , LAWS, AND RULES TO IMPROVE PUBLIC15
SCHOOL TRANSPORTATION ACROSS THE STATE IN ORDER TO BETTER MEET16
STUDENT NEEDS AND ALLEVIATE BURDENS ON SCHOOL DISTRICTS .17
22-106-102. Definitions. A
S USED IN THIS ARTICLE 106, UNLESS18
THE CONTEXT OTHERWISE REQUIRES :19
(1) "C
AREER PATHWAY PROGRAMS " MEANS LEARNING THAT20
OCCURS, IN WHOLE OR IN PART, IN THE WORKPLACE AND PROVIDES21
STUDENTS WITH EXPERIENCE AND TRAINING FOR SKILLS DEVELOPMENT .22
"C
AREER PATHWAY PROGRAMS " INCLUDES EXTENDED HIGH SCHOOL23
PROGRAMS, JOB SHADOWING , INTERNSHIPS , EXTERNSHIPS ,24
PREAPPRENTICESHIPS, AND APPRENTICESHIPS.25
(2) "R
URAL SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT THAT26
THE DEPARTMENT OF EDUCATION DETERMINES IS RURAL BASED ON THE27
094
-4- GEOGRAPHIC SIZE OF THE SCHOOL DISTRICT AND THE DISTANCE OF THE1
SCHOOL DISTRICT FROM THE NEAREST LARGE AND URBANIZED AREA , WITH2
A TOTAL PUPIL ENROLLMENT OF SIX THOUSAND FIVE HUNDRED STUDENTS3
OR FEWER.4
(3) "T
ASK FORCE" MEANS THE COLORADO SCHOOL
5
TRANSPORTATION MODERNIZATION TASK FORCE CREATED IN SECTION6
22-106-103.7
22-106-103. Colorado school transportation modernization8
task force. (1) T
HERE IS CREATED IN THE DEPARTMENT OF EDUCATION9
THE COLORADO SCHOOL TRANSPORTATION MODERNIZATION TASK FORCE .
10
11
(2) T
HE COMMITTEE CONSISTS OF THE FOLLOWING MEMBERS :12
(a) T
HE COMMISSIONER OF EDUCATION OR THE COMMISSIONER 'S13
DESIGNEE;14
(b) A
T A MINIMUM, THE FOLLOWING MEMBERS APPOINTED BY THE15
COMMISSIONER OF EDUCATION :16
(I) T
HREE
MEMBERS WHO ARE PARENTS OR LEGAL GUARDIANS OF17
STUDENTS ENROLLED IN A PUBLIC ELEMENTARY OR SECONDARY SCHOOL18
WHO USE SCHOOL TRANSPORTATION OR WOULD USE SCHOOL19
TRANSPORTATION IF IT WERE AVAILABLE. AT A MINIMUM, ONE PARENT OR20
LEGAL GUARDIAN MEMBER MUST HAVE THEIR STUDENT ENROLLED IN A21
RURAL SCHOOL DISTRICT.22
(II) T
HREE MEMBERS WHO ARE SCHOOL TRANSPORTATION23
DIRECTORS FOR SCHOOL DISTRICTS. AT A MINIMUM, ONE DIRECTOR MUST24
BE FROM A RURAL SCHOOL DISTRICT , ONE DIRECTOR MUST BE FROM A25
SUBURBAN SCHOOL DISTRICT, AND ONE MEMBER MUST BE FROM AN URBAN26
SCHOOL DISTRICT.27
094
-5- (III) ONE MEMBER WHO IS A SPECIAL EDUCATION DIRECTOR FOR A1
SCHOOL DISTRICT;2
(IV) O
NE MEMBER WHO REPRESENTS AN ADVOCACY
3
ORGANIZATION THAT REPRESENTS STUDENTS WITH A DISABILITY ;4
(V) TWO MEMBERS WHO REPRESENT CHARTER SCHOOLS . AT A5
MINIMUM, ONE CHARTER SCHOOL REPRESENTATIVE MUST REPRESENT AN6
INSTITUTE CHARTER SCHOOL.7
(VI) TWO MEMBERS WHO REPRESENT LABOR UNIONS FOR SCHOOL8
BUS DRIVERS;9
(VII) TWO MEMBERS WHO REPRESENT BUSINESSES OR INDUSTRIES10
THAT PARTNER WITH SCHOOLS TO PROVIDE CAREER PATHWAY PROGRAMS ;11
(VIII) TWO MEMBERS WHO REPRESENT EDUCATION ADVOCACY12
ORGANIZATIONS WITH EXPERIENCE ADVOCATING FOR SC HOOL13
TRANSPORTATION MODERNIZATION ;14
(IX) TWO MEMBERS WHO REPRESENT PUBLIC TRANSPORTATION15
PROVIDERS;16
(X) TWO MEMBERS WHO REPRESENT RIDE SHARE TRANSPORTATION17
PROVIDERS;18
(XI) TWO MEMBERS WHO ARE AFTER -SCHOOL PROGRAM19
PROVIDERS;20
(XII) ONE MEMBER WHO REPRESENTS A RECIPIENT OF A21
TRANSPORTATION ASSISTANCE GRANT FROM THE DEPARTMENT OF22
EDUCATION;23
(XIII) TWO MEMBERS WHO ARE SUPERINTENDENTS . AT A24
MINIMUM, ONE SUPERINTENDENT MUST BE FROM A RURAL SCHOOL25
DISTRICT.26
(XIV) TWO MEMBERS WHO ARE SCHOOL DISTRICT CHIEF FINANCIAL27
094
-6- OFFICERS. AT A MINIMUM, ONE CHIEF FINANCIAL OFFICER MUST BE FROM1
A RURAL SCHOOL DISTRICT.2
(3) O
N OR BEFORE JUNE 30, 2023, THE COMMISSIONER OF3
EDUCATION SHALL MAKE TASK FORCE APPOINTMENTS .4
(4) T
HE COMMISSIONER OF EDUCATION , OR THE COMMISSIONER'S5
DESIGNEE, SHALL CHAIR THE TASK FORCE.6
(5) T
HE TASK FORCE SHALL MEET AT THE CALL OF THE CHAIR AT7
LEAST FOUR TIMES FROM JULY 2023 TO DECEMBER 2023.8
(6) T
HE TASK FORCE IS A STATE PUBLIC BODY FOR PURPOSES OF9
SECTION 24-6-402, AND MEETINGS OF THE TASK FORCE ARE SUBJECT TO10
THE REQUIREMENTS OF THAT SECTION. THE TASK FORCE IS SUBJECT TO THE11
PROVISIONS OF THE "COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE12
72
OF TITLE 24.13
(7) T
ASK FORCE MEMBERS SERVE WITHOUT COMPENSATION BUT14
MAY BE REIMBURSED FOR EXPENSES DIRECTLY RELATING TO THEIR15
SERVICE ON THE TASK FORCE.16
(8) U
PON THE REQUEST OF THE CHAIR OF THE TASK FORCE , THE17
DEPARTMENT OF EDUCATION SHALL PROVIDE STAFF ASSISTANCE , MEETING18
SPACE, OR AUDIO-VISUAL COMMUNICATION TECHNOLOGY RESOURCES TO19
THE TASK FORCE AS NECESSARY FOR THE PERFORMANCE OF ITS DUTIES .20
22-106-104. Task force duties - report. (1) T
O INFORM THE21
WORK OF THE TASK FORCE , THE DEPARTMENT OF EDUCATION SHALL22
COLLECT, STUDY, AND PUBLICLY REPORT THE SCHOOL TRANSPORTATION23
DATA DESCRIBED IN THIS SUBSECTION (1). THE DEPARTMENT OF24
EDUCATION SHALL PRESENT THE FOLLOWING DATA TO THE TASK FORCE AS25
IT BECOMES AVAILABLE:26
(a) S
TUDENT ELIGIBILITY, INCLUDING FACTORS USED BY SCHOOL27
094
-7- DISTRICTS AND CHARTER SCHOOLS TO DETERMINE ELIGIBILITY FOR1
TRANSPORTATION AND WHETHER THE FACTORS USED CREATE BARRIERS2
FOR STUDENTS TO ATTEND THEIR SCHOOL OF CHOICE ;3
(b) S
TUDENT UTILIZATION, INCLUDING HOW MANY ELIGIBLE4
STUDENTS UTILIZE SCHOOL TRANSPORTATION , WHETHER ROUTES ARE AT5
CAPACITY, AND METHODOLOGIES USED BY SCHOOL DISTRICTS AND
6
CHARTER SCHOOLS TO IDENTIFY UTILIZATION PATTERNS AND ADJUST7
OPERATIONS ACCORDINGLY ;8
(c) D
RIVER STAFFING LEVELS, INCLUDING STAFFING REQUIRED TO9
COVER ROUTES, AND WHETHER AND HOW SCHOOL DISTRICTS AND CHARTER
10
SCHOOLS CONTRACT WITH PUBLIC TRANSPORTATION PROVIDERS OR11
ALTERNATIVE TRANSPORTATION PROVIDERS TO SATISFY SCHOOL12
TRANSPORTATION NEEDS;13
(d) F
LEET DIVERSIFICATION, INCLUDING THE TYPES OF BUSES OR14
VEHICLES USED TO SATISFY SCHOOL TRANSPORTATION NEEDS AND COSTS15
ASSOCIATED WITH EACH TYPE OF BUS AND VEHICLE USED AND INCLUDING ,
16
FOR EACH TYPE OF BUS AND VEHICLE USED , ELECTRIFICATION OPTIONS,17
FUEL COSTS, MAINTENANCE COSTS, PURCHASE PRICES, RESALE VALUES,18
AND SALVAGE VALUES; AND19
(e) S
ERVICE GAPS, INCLUDING IDENTIFYING DISCREPANCIES20
BETWEEN ELIGIBLE STUDENTS AND UTILIZATION , AND CAUSES OF THOSE21
DISCREPANCIES.22
(2) C
ONSIDERING DATA COLLECTED BY THE DEPARTMENT OF23
EDUCATION PURSUANT TO SUBSECTION (1) OF THIS SECTION, AND INPUT24
FROM TASK FORCE MEMBERS OR OTHER EXPERTS AS CONSULTED , THE TASK25
FORCE SHALL CREATE A REPORT CONTAINING FINDINGS AND26
RECOMMENDATIONS FOR THE PURPOSE OF IMPROVING SCHOOL27
094
-8- TRANSPORTATION SERVICES FOR STUDENTS . THE REPORT MUST INCLUDE:1
(a) I
DENTIFICATION OF TRANSPORTATION CHALLENGES THAT2
CREATE BARRIERS TO STUDENTS ATTENDING A SCHOOL OF THEIR CHOICE3
OR CAREER PATHWAY PROGRAMS ;4
(b) R
ECOMMENDATIONS FOR IMPLEMENTING A SIMPLIFIED5
REIMBURSEMENT PROCESS FOR SCHOOL DISTRICTS BASED ON THE FINDINGS6
OR RECOMMENDATIONS FROM THE TRANSPORTATION SUBCOMMITTEE OF7
THE FINANCIAL POLICIES AND PROCEDURES ADVISORY COMMITTEE OF THE8
DEPARTMENT OF EDUCATION ;9
(c) I
DENTIFICATION OF EXISTING AND POTENTIAL FUNDING10
SOURCES FOR PROVIDING SCHOOL TRANSPORTATION ;11
(d) R
ECOMMENDATIONS FOR CREATING AND IMPLEMENTING12
SUSTAINABLE FUNDING MECHANISMS TO MEET SCHOOL TRANSPORTATION13
NEEDS;14
(e) R
ECOMMENDATIONS FOR CREATING AND IMPLEMENTING A15
TRANSPORTATION INNOVATION FUND TO SUPPORT LOCAL EFFORTS TO16
CREATE NEW AND INNOVATIVE TRANSPORTATION SOLUTIONS THAT MAY17
SERVE AS A MODEL TO SCALE AND SUSTAIN IN OTHER SCHOOL DISTRICTS
18
AND CHARTER SCHOOLS;19
(f) R
ECOMMENDATIONS FOR FACILITATING PARTNERSHIPS AMONG20
SCHOOL DISTRICTS, DISTRICT AND INSTITUTE CHARTER SCHOOLS , PUBLIC21
TRANSPORTATION PROVIDERS, PRIVATE TRANSPORTATION PROVIDERS, AND22
LOCAL NONPROFIT ORGANIZATIONS TO MEET TRANSPORTATION NEEDS AND23
CREATE COST EFFICIENCIES;24
(g) R
ECOMMENDATIONS FOR CREATING PATHWAYS AND TALENT25
PIPELINES FOR TRANSPORTATION PROVIDER AND LOGISTICS CAREERS ;26
(h) R
ECOMMENDATIONS FOR COMPETITIVE SALARIES AND27
094
-9- BENEFITS PACKAGES NECESSARY TO RECRUIT AND RETAIN SCHOOL1
TRANSPORTATION DRIVERS;2
(i) I
DENTIFICATION OF OUTCOMES FROM TRANSPORTATION3
ASSISTANCE GRANTS FROM THE DEPARTMENT OF EDUCATION , AND4
RECOMMENDATIONS FOR REPLICATION OR EXPANSION ; AND5
(j) R
ECOMMENDATIONS FOR LEGISLATION OR RULES THAT MAY6
IMPROVE SCHOOL TRANSPORTATION .7
(3) O
N OR BEFORE JANUARY 31, 2024, THE TASK FORCE SHALL8
SUBMIT ITS REPORT TO THE EDUCATION COMMITTEES OF THE SENATE AND9
HOUSE OF REPRESENTATIVES, OR ANY SUCCESSOR COMMITTEES, THE STATE10
BOARD OF EDUCATION, AND THE GOVERNOR AND SHALL PUBLISH THE11
REPORT ON ITS WEBSITE.12
22-106-105. Repeal of article. T
HIS ARTICLE 106 IS REPEALED,13
EFFECTIVE JULY 1, 2025.14
SECTION 2. Appropriation. For the 2023-24 state fiscal year,
15
$95,313 is appropriated to the department of education. This16
appropriation is from the general fund and is based on an assumption that17
the department will require an additional 0.5 FTE. To implement this act,18
the department may use this appropriation for administration related to19
public school finance.20
SECTION 3. Safety clause. The general assembly hereby finds,21
determines, and declares that this act is necessary for the immediate22
preservation of the public peace, health, or safety.23
094
-10-