First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 23-0764.01 Jacob Baus x2173
SENATE BILL 23-094
Senate Committees House Committees
Education Education
Appropriations 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
HOUSE
3rd Reading Unamended
April 21, 2023
HOUSE
Amended 2nd Reading
April 19, 2023
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, Bradley, Dickson, Duran, Lindsay, Lynch, Martinez, McLachlan,
Pugliese, Young
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 . AT A MINIMUM, ONE PARENT OR LEGAL22
GUARDIAN MUST BE THE PARENT OR LEGAL GUARDIAN OF A STUDENT WHO23
IS ENROLLED IN A SCHOOL THAT RECEIVES MONEY UNDER TITLE I OF THE24
FEDERAL "ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965", AS25
AMENDED, AND THE SCHOOL IS IN A SCHOOL DISTRICT WHERE THE26
MAJORITY OF STUDENTS ENROLLED IN THE DISTRICT IDENTIFY AS A27
094
-5- MINORITY.1
(II) T
HREE MEMBERS WHO ARE SCHOOL TRANSPORTATION2
DIRECTORS FOR SCHOOL DISTRICTS. AT A MINIMUM, ONE DIRECTOR MUST3
BE FROM A RURAL SCHOOL DISTRICT , ONE DIRECTOR MUST BE FROM A4
SUBURBAN SCHOOL DISTRICT, AND ONE MEMBER MUST BE FROM AN URBAN5
SCHOOL DISTRICT.6
(III) O
NE MEMBER WHO IS A SPECIAL EDUCATION DIRECTOR FOR A
7
SCHOOL DISTRICT;8
(IV) O
NE MEMBER WHO REPRESENTS AN ADVOCACY
9
ORGANIZATION THAT REPRESENTS STUDENTS WITH A DISABILITY ;10
(V) TWO MEMBERS WHO REPRESENT CHARTER SCHOOLS . AT A11
MINIMUM, ONE CHARTER SCHOOL REPRESENTATIVE MUST REPRESENT AN12
INSTITUTE CHARTER SCHOOL.13
(VI) TWO MEMBERS WHO REPRESENT LABOR UNIONS FOR SCHOOL14
BUS DRIVERS;15
(VII) TWO MEMBERS WHO REPRESENT BUSINESSES OR INDUSTRIES16
THAT PARTNER WITH SCHOOLS TO PROVIDE CAREER PATHWAY PROGRAMS ;17
(VIII) TWO MEMBERS WHO REPRESENT EDUCATION ADVOCACY18
ORGANIZATIONS WITH EXPERIENCE ADVOCATING FOR SC HOOL19
TRANSPORTATION MODERNIZATION ;20
(IX) TWO MEMBERS WHO REPRESENT PUBLIC TRANSPORTATION21
PROVIDERS;22
(X) TWO MEMBERS WHO REPRESENT RIDE SHARE TRANSPORTATION23
PROVIDERS. ONE MEMBER MUST REPRESENT A BUSINESS THAT24
TRANSPORTS STUDENTS AS DESCRIBED PURSUANT TO SECTION 40-10.1-10525
(1)(b) AND IS REGULATED BY THE DEPARTMENT OF EDUCATION, AND ONE26
MEMBER MUST BE REGULATED BY THE PUBLIC UTILITIES COMMISSION .27
094
-6- (XI) TWO MEMBERS WHO ARE AFTER -SCHOOL PROGRAM1
PROVIDERS;2
(XII) ONE MEMBER WHO REPRESENTS A RECIPIENT OF A3
TRANSPORTATION ASSISTANCE GRANT FROM THE DEPARTMENT OF4
EDUCATION;5
(XIII) TWO MEMBERS WHO ARE SUPERINTENDENTS . AT A6
MINIMUM, ONE SUPERINTENDENT MUST BE FROM A RURAL SCHOOL7
DISTRICT.8
(XIV) TWO MEMBERS WHO ARE SCHOOL DISTRICT CHIEF FINANCIAL9
OFFICERS. AT A MINIMUM, ONE CHIEF FINANCIAL OFFICER MUST BE FROM10
A RURAL SCHOOL DISTRICT.11
(3) O
N OR BEFORE JUNE 30, 2023, THE COMMISSIONER OF12
EDUCATION SHALL MAKE TASK FORCE APPOINTMENTS .13
(4) T
HE COMMISSIONER OF EDUCATION , OR THE COMMISSIONER'S14
DESIGNEE, SHALL CHAIR THE TASK FORCE.15
(5) THE TASK FORCE SHALL MEET AT THE CALL OF THE CHAIR AT16
LEAST TWO TIMES FROM AUGUST 2023 THROUGH DECEMBER 2023, AND17
AT LEAST FOUR TIMES FROM MAY 2024 THROUGH NOVEMBER 2024.18
(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
094
-7- 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, AT A MINIMUM, THE FOLLOWING DATA TO THE8
TASK FORCE AS IT BECOMES AVAILABLE :9
(a) S
TUDENT ELIGIBILITY, INCLUDING FACTORS USED BY SCHOOL10
DISTRICTS AND CHARTER SCHOOLS
TO DETERMINE ELIGIBILITY FOR11
TRANSPORTATION AND WHETHER THE FACTORS USED CREATE BARRIERS12
FOR STUDENTS TO ATTEND THEIR SCHOOL DISTRICT-ASSIGNED13
NEIGHBORHOOD PUBLIC SCHOOL, PUBLIC SCHOOL OF CHOICE, OR CAREER14
PATHWAYS PROGRAM ;15
(b) S
TUDENT UTILIZATION, INCLUDING HOW MANY ELIGIBLE16
STUDENTS UTILIZE SCHOOL TRANSPORTATION , WHETHER ROUTES ARE AT17
CAPACITY, AND METHODOLOGIES USED BY SCHOOL DISTRICTS AND
18
CHARTER SCHOOLS TO IDENTIFY UTILIZATION PATTERNS AND ADJUST19
OPERATIONS ACCORDINGLY ;20
(c) D
RIVER STAFFING LEVELS, INCLUDING STAFFING REQUIRED TO21
COVER ROUTES,
DRIVER PAY RATES, HOURS OF OPERATION, VACANCIES,22
AND WHETHER AND HOW SC HOOL DISTRICTS AND CHARTER SCHOOLS 23
CONTRACT WITH PUBLIC TRANSPORTATION PROVIDERS OR ALTERNATIVE24
TRANSPORTATION PROVIDERS TO SATISFY SCHOOL TRANSPORTATION25
NEEDS;26
(d) F
LEET DIVERSIFICATION, INCLUDING THE TYPES OF BUSES OR27
094
-8- VEHICLES USED TO SATISFY SCHOOL TRANSPORTATION NEEDS AND COSTS1
ASSOCIATED WITH EACH TYPE OF BUS AND VEHICLE USED AND INCLUDING ,2
FOR EACH TYPE OF BUS AND VEHICLE USED , ELECTRIFICATION OPTIONS,3
FUEL COSTS, MAINTENANCE COSTS, PURCHASE PRICES, RESALE VALUES,4
AND SALVAGE VALUES; AND5
(e) S
ERVICE GAPS, INCLUDING IDENTIFYING DISCREPANCIES6
BETWEEN ELIGIBLE STUDENTS AND UTILIZATION , AND CAUSES OF THOSE7
DISCREPANCIES.8
(2) C
ONSIDERING DATA COLLECTED BY THE DEPARTMENT OF9
EDUCATION PURSUANT TO SUBSECTION (1) OF THIS SECTION, AND INPUT10
FROM TASK FORCE MEMBERS OR OTHER EXPERTS AS CONSULTED , THE TASK11
FORCE SHALL CREATE A REPORT CONTAINING FINDINGS AND12
RECOMMENDATIONS FOR THE PURPOSE OF IMPROVING SCHOOL13
TRANSPORTATION SERVICES FOR STUDENTS . THE REPORT MUST INCLUDE:14
(a) I
DENTIFICATION OF TRANSPORTATION CHALLENGES THAT15
CREATE BARRIERS TO STUDENTS ATTENDING A
SCHOOL16
DISTRICT-ASSIGNED NEIGHBORHOOD PUBLIC SCHOOL, PUBLIC SCHOOL OF17
CHOICE, OR CAREER PATHWAY PROGRAMS ;18
(b) R
ECOMMENDATIONS FOR IMPLEMENTING A SIMPLIFIED19
REIMBURSEMENT PROCESS FOR SCHOOL DISTRICTS BASED ON THE FINDINGS20
OR RECOMMENDATIONS FROM THE TRANSPORTATION SUBCOMMITTEE OF21
THE FINANCIAL POLICIES AND PROCEDURES ADVISORY COMMITTEE OF THE22
DEPARTMENT OF EDUCATION ;23
(c) I
DENTIFICATION OF EXISTING AND POTENTIAL FUNDING24
SOURCES FOR PROVIDING SCHOOL TRANSPORTATION ;25
(d) R
ECOMMENDATIONS FOR CREATING AND IMPLEMENTING26
SUSTAINABLE FUNDING MECHANISMS TO MEET SCHOOL TRANSPORTATION27
094
-9- NEEDS;1
(e) R
ECOMMENDATIONS FOR CREATING AND IMPLEMENTING A2
TRANSPORTATION INNOVATION FUND TO SUPPORT LOCAL EFFORTS TO3
CREATE NEW AND INNOVATIVE TRANSPORTATION SOLUTIONS THAT MAY4
SERVE AS A MODEL TO SCALE AND SUSTAIN IN OTHER SCHOOL DISTRICTS
5
AND CHARTER SCHOOLS;6
(f) R
ECOMMENDATIONS FOR FACILITATING PARTNERSHIPS AMONG7
SCHOOL DISTRICTS, DISTRICT AND INSTITUTE CHARTER SCHOOLS , PUBLIC8
TRANSPORTATION PROVIDERS, PRIVATE TRANSPORTATION PROVIDERS, AND9
LOCAL NONPROFIT ORGANIZATIONS TO MEET TRANSPORTATION NEEDS AND10
CREATE COST
EFFICIENCIES, WHILE MAINTAINING SAFETY STANDARDS ;11
(g) R
ECOMMENDATIONS FOR CREATING PATHWAYS AND TALENT12
PIPELINES FOR TRANSPORTATION PROVIDER AND LOGISTICS CAREERS ;13
(h) R
ECOMMENDATIONS FOR COMPETITIVE SALARIES AND14
BENEFITS PACKAGES NECESSARY TO RECRUIT AND RETAIN SCHOOL15
TRANSPORTATION DRIVERS;16
(i) I
DENTIFICATION OF OUTCOMES FROM TRANSPORTATION17
ASSISTANCE GRANTS FROM THE DEPARTMENT OF EDUCATION , AND18
RECOMMENDATIONS FOR REPLICATION OR EXPANSION ;
19
(j) AN ANALYSIS OF THE COSTS AND BENEFITS ASSOCIATED WITH20
REQUIRING ROUTE SCHOOL BUSES THAT CAN CONTROL TRAFFIC WITH21
ALTERNATING FLASHING RED LIGHTS TO HAVE AUTOMATED VEHICLE22
INFORMATION SYSTEMS, AS DEFINED AT SECTION 42-4-110.5 (6), TO23
RECORD MOTOR VEHICLES THAT UNLAWFULLY PASS A STOPPED ROUTE24
SCHOOL BUS; AND25
(k) RECOMMENDATIONS FOR LEGISLATION OR RULES THAT MAY26
IMPROVE SCHOOL TRANSPORTATION, INCLUDING RECOMMENDATIONS FOR27
094
-10- LEGISLATION OR RULES THAT DO NOT EXACERBATE THE MARGINALIZATION1
OF COMMUNITIES THROUGH SEPARATION WHILE PROTECTING PUBLIC2
FUNDS WITH CLEAR ACCOUNTABILITY AND TRANSPARENCY .3
(3) O
N OR BEFORE
DECEMBER 1, 2024, THE TASK FORCE SHALL4
SUBMIT ITS REPORT TO THE EDUCATION COMMITTEES OF THE SENATE AND5
HOUSE OF REPRESENTATIVES, OR ANY SUCCESSOR COMMITTEES, THE STATE6
BOARD OF EDUCATION, AND THE GOVERNOR AND SHALL PUBLISH THE7
REPORT ON ITS WEBSITE.8
22-106-105. Repeal of article. T
HIS ARTICLE 106 IS REPEALED,9
EFFECTIVE JULY 1, 2025.10
SECTION 2. Appropriation. For the 2023-24 state fiscal year,
11
$95,313 is appropriated to the department of education. This12
appropriation is from the general fund and is based on an assumption that13
the department will require an additional 0.5 FTE. To implement this act,14
the department may use this appropriation for administration related to15
public school finance.16
SECTION 3. Safety clause. The general assembly hereby finds,17
determines, and declares that this act is necessary for the immediate18
preservation of the public peace, health, or safety.19
094
-11-