SENATE BILL 23-094
BY SENATOR(S) Lundeen and Zenzinger, Bridges, Buckner, Coleman,
Cutter, Exum, Ginal, Hinrichsen, Kirkmeyer, Pelton B., Priola, Simpson,
Sullivan, Will, Winter F.;
also REPRESENTATIVE(S) Wilson and Lukens, Bradley, Dickson, Duran,
Lindsay, Lynch, Martinez, McLachlan, Pugliese, Young.
C
ONCERNING THE CREATION OF A TASK FORCE TO REPORT ON MEASURES TO
IMPROVE SCHOOL TRANSPORTATION
, AND, IN CONNECTION
THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add article 107 to title
22 as follows:
ARTICLE 107
School Transportation Modernization Task Force
22-107-101. Legislative declaration. (1) T
HE GENERAL ASSEMBLY
FINDS THAT
:
(a) T
HE COVID-19 PANDEMIC SEVERELY EXACERBATED AN
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. EXISTING PUBLIC SCHOOL TRANSPORTATION WORKFORCE SHORTAGE ,
LIMITING THE NUMBER OF BUSES AVAILABLE TO TRANSPORT STUDENTS TO
AND FROM SCHOOL IN
COLORADO. BUS DRIVER SHORTAGES ARE CAUSED BY
SEVERAL FACTORS
, INCLUDING FEDERAL REGULATIONS AROUND HEALTH
REQUIREMENTS
, LACK OF COMPETITIVE WAGES, AND ODD WORKING HOURS.
(b) T
O ADJUST TO THE PUBLIC SCHOOL TRANSPORTATION SHORTAGE ,
SCHOOL DISTRICTS AND PUBLIC SCHOOLS ARE CONSOLIDATING ROUTES OR
ALTERING ELIGIBILITY CRITERIA
, RESULTING IN FEWER STOPS AND LONGER
ROUTES
. STUDENTS OF COLOR , STUDENTS FROM UNDER -RESOURCED
COMMUNITIES
, AND STUDENTS WITH A DISABILITY ARE
DISPROPORTIONATELY IMPACTED BY THE TRANSPORTATION SHORTAGE AND
STRUGGLE TO ACCESS SCHOOL DISTRICTS OF THEIR CHOICE AND CAREER
PATHWAY PROGRAMS BECAUSE OF THEIR LIMITED ACCESS TO
TRANSPORTATION
.
(c) T
HERE IS A GROWING NEED FOR TRANSPORTATION TO OFFSITE
CAREER PATHWAY PROGRAMS AND OTHER CAREER
-CONNECTED LEARNING
OPPORTUNITIES AS THESE PROGRAMS CONTINUE TO EXPAND
. DUE TO
TRANSPORTATION CHALLENGES
, STUDENTS LACK EQUITABLE ACCESS TO
THESE PROGRAMS
, EVEN THOUGH THE STATE HAS REC OGNIZED THE
IMPORTANCE OF THESE PROGRAMS
.
(d) T
O INCREASE EDUCATIONAL EQUITY , SCHOOL DISTRICTS AND
PUBLIC SCHOOLS MUST PROVIDE STUDENTS OF COLOR
, STUDENTS FROM
UNDER
-RESOURCED COMMUNITIES , AND STUDENTS WITH A DISABILITY WITH
ACCESS TO THE SAME EDUCATIONAL AND ENRICHMENT OPPORTUNITIES THAT
ARE AVAILABLE TO STUDENTS WHO HAVE MORE RESOURCES
;
(e) C
URRENT POST-PANDEMIC CONDITIONS REQUIRE NEW AND
INNOVATIVE IDEAS TO SUPPORT SCHOOL DISTRICTS AND PUBLIC SCHOOLS IN
EMPLOYING SUFFICIENT TRANSPORTATION STAFF
, PROCURING AND UTILIZING
EQUIPMENT MORE EFFICIENTLY
, AND SUPPLEMENTING THE CURRENT
TRANSPORTATION MODEL WITH A VARIETY OF ALTERNATIVE
TRANSPORTATION OPTIONS
;
(f) T
HE DEPARTMENT OF EDUCATION COLLECTS DATA CONCERNING
SCHOOL TRANSPORTATION FOR THE PURPOSE OF CALCULATING
REIMBURSEMENTS TO SCHOOL DISTRICTS
, INCLUDING THE NUMBER OF ROUTE
MILES SCHEDULED ON A SPECIFIC PUPIL COUNT DAY IN
OCTOBER AND THE
PAGE 2-SENATE BILL 23-094 NUMBER OF DAYS DURING THE SCHOOL YEAR THAT TRANSPORTATION WAS
PROVIDED TO PUBLIC SCHOOL STUDENTS
;
(g) A
DDITIONAL DATA SUCH AS ACTUAL UTILIZATION RATES ,
ELIGIBILITY STANDARDS, SERVICE GAPS, AND USE OF ALTERNATIVE
TRANSPORTATION MODELS ARE NOT COLLECTED AT THE STATE LEVEL
,
ALTHOUGH DISTRICTS TRACK SUCH DATA ON THEIR OWN ;
(h) G
IVEN THE SEVERE BUS DRIVER SHORTAGE AND THE LACK OF
TRANSPORTATION TO SCHOOL THAT MANY PUBLIC SCHOOL STUDENTS ARE
EXPERIENCING
, THE STATE HAS A VESTED INTEREST IN BETTER
UNDERSTANDING PUBLIC SCHOOL TRANSPORTATION DATA
; AND
(i) COLLECTING AND DISSEMINATING SUCH TRANSPORTATION DATA
WOULD ALLOW POLICYMAKERS TO FACILITATE IMPROVEMENTS TO PUBLIC
ELEMENTARY AND SECONDARY SCHOOL TRANSPORTATION
, BETTER SERVE
STUDENTS
, AND ALLEVIATE BURDENS ON SCHOOL DISTRICTS .
(2) T
HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT IT IS IN
THE BEST INTERESTS OF THE STATE TO DIRECT THE COMMISSIONER OF
EDUCATION TO CONVENE THE
COLORADO SCHOOL TRANSPORTATION
MODERNIZATION TASK FORCE TO STUDY THE ISSUES FACING SCHOOL
TRANSPORTATION SYSTEMS AND USE THE STUDY
'S FINDINGS TO DEVELOP
AND RECOMMEND POLICIES
, LAWS, AND RULES TO IMPROVE PUBLIC SCHOOL
TRANSPORTATION ACROSS THE STATE IN ORDER TO BETTER MEET STUDENT
NEEDS AND ALLEVIATE BURDENS ON SCHOOL DISTRICTS
.
22-107-102. Definitions. A
S USED IN THIS ARTICLE 107, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "C
AREER PATHWAY PROGRAMS " MEANS LEARNING THAT OCCURS,
IN WHOLE OR IN PART, IN THE WORKPLACE AND PROVIDES STUDENTS WITH
EXPERIENCE AND TRAINING FOR SKILLS DEVELOPMENT
. "CAREER PATHWAY
PROGRAMS
" INCLUDES EXTENDED HIGH SCHOOL PROGRAMS , JOB
SHADOWING
, INTERNSHIPS, EXTERNSHIPS, PREAPPRENTICESHIPS, AND
APPRENTICESHIPS
.
(2) "R
URAL SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT THAT THE
DEPARTMENT OF EDUCATION DETERMINES IS RURAL BASED ON THE
GEOGRAPHIC SIZE OF THE SCHOOL DISTRICT AND THE DISTANCE OF THE
PAGE 3-SENATE BILL 23-094 SCHOOL DISTRICT FROM THE NEAREST LARGE AND URBANIZED AREA , WITH
A TOTAL PUPIL ENROLLMENT OF SIX THOUSAND FIVE HUNDRED STUDENTS OR
FEWER
.
(3) "T
ASK FORCE" MEANS THE COLORADO SCHOOL TRANSPORTATION
MODERNIZATION TASK FORCE CREATED IN SECTION
22-107-103.
22-107-103. Colorado school transportation modernization task
force. (1) T
HERE IS CREATED IN THE DEPARTMENT OF EDUCATION THE
COLORADO SCHOOL TRANSPORTATION MODERNIZATION TASK FORCE .
(2) T
HE COMMITTEE CONSISTS OF THE FOLLOWING MEMBERS :
(a) T
HE COMMISSIONER OF EDUCATION OR THE COMMISSIONER 'S
DESIGNEE
;
(b) A
T A MINIMUM, THE FOLLOWING MEMBERS APPOINTED BY THE
COMMISSIONER OF EDUCATION
:
(I) T
HREE MEMBERS WHO ARE PARENTS OR LEGAL GUARDIANS OF
STUDENTS ENROLLED IN A PUBLIC ELEMENTARY OR SECONDARY SCHOOL
WHO USE SCHOOL TRANSPORTATION OR WOULD USE SCHOOL
TRANSPORTATION IF IT WERE AVAILABLE
. AT A MINIMUM, ONE PARENT OR
LEGAL GUARDIAN MEMBER MUST HAVE THEIR STUDENT ENROLLED IN A
RURAL SCHOOL DISTRICT
. AT A MINIMUM, ONE PARENT OR LEGAL GUARDIAN
MUST BE THE PARENT OR LEGAL GUARDIAN OF A STUDENT WHO IS ENROLLED
IN A SCHOOL THAT RECEIVES MONEY UNDER TITLE
I OF THE FEDERAL
"ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965", AS AMENDED,
AND THE SCHOOL IS IN A SCHOOL DISTRICT WHERE THE MAJORITY OF
STUDENTS ENROLLED IN THE DISTRICT IDENTIFY AS A MINORITY
.
(II) T
HREE MEMBERS WHO ARE SCHOOL TRANSPORTATION
DIRECTORS FOR SCHOOL DISTRICTS
. AT A MINIMUM, ONE DIRECTOR MUST BE
FROM A RURAL SCHOOL DISTRICT
, ONE DIRECTOR MUST BE FROM A
SUBURBAN SCHOOL DISTRICT
, AND ONE MEMBER MUST BE FROM AN URBAN
SCHOOL DISTRICT
.
(III) O
NE MEMBER WHO IS A SPECIAL EDUCATION DIRECTOR FOR A
SCHOOL DISTRICT
;
PAGE 4-SENATE BILL 23-094 (IV) ONE MEMBER WHO REPRESENTS AN ADVOCACY ORGANIZATION
THAT REPRESENTS STUDENTS WITH A DISABILITY
;
(V) T
WO MEMBERS WHO REPRESENT CHARTER SCHOOLS . AT A
MINIMUM
, ONE CHARTER SCHOOL REPRESENTATIVE MUST REPRESENT AN
INSTITUTE CHARTER SCHOOL
.
(VI) T
WO MEMBERS WHO REPRESENT LABOR UNIONS FOR SCHOOL
BUS DRIVERS
;
(VII) T
WO MEMBERS WHO REPRESENT BUSINESSES OR INDUSTRIES
THAT PARTNER WITH SCHOOLS TO PROVIDE CAREER PATHWAY PROGRAMS
;
(VIII) T
WO MEMBERS WHO REPRESENT EDUCATION ADVOCACY
ORGANIZATIONS WITH EXPERIENCE ADVOCATING FOR SCHOOL
TRANSPORTATION MODERNIZATION
;
(IX) T
WO MEMBERS WHO REPRESENT PUBLIC TRANSPORTATION
PROVIDERS
;
(X) T
WO MEMBERS WHO REPRESENT RIDE SHARE TRANSPORTATION
PROVIDERS
. ONE MEMBER MUST REPRESENT A BUSINESS THAT TRANSPORTS
STUDENTS AS DESCRIBED PURSUANT TO SECTION
40-10.1-105 (1)(b) AND IS
REGULATED BY THE DEPARTMENT OF EDUCATION
, AND ONE MEMBER MUST
BE REGULATED BY THE PUBLIC UTILITIES COMMISSION
.
(XI) T
WO MEMBERS WHO ARE AFTER -SCHOOL PROGRAM PROVIDERS ;
(XII) O
NE MEMBER WHO REPRESENTS A RECIPIENT OF A
TRANSPORTATION ASSISTANCE GRANT FROM THE DEPARTMENT OF
EDUCATION
;
(XIII) T
WO MEMBERS WHO ARE SUPERINTENDENTS . AT A MINIMUM,
ONE SUPERINTENDENT MUST BE FROM A RURAL SCHOOL DISTRICT .
(XIV) T
WO MEMBERS WHO ARE SCHOOL DISTRICT CHIEF FINANCIAL
OFFICERS
. AT A MINIMUM, ONE CHIEF FINANCIAL OFFICER MUST BE FROM A
RURAL SCHOOL DISTRICT
.
(3) O
N OR BEFORE JUNE 30, 2023, THE COMMISSIONER OF EDUCATION
PAGE 5-SENATE BILL 23-094 SHALL MAKE TASK FORCE APPOINTMENTS .
(4) T
HE COMMISSIONER OF EDUCATION , OR THE COMMISSIONER'S
DESIGNEE
, SHALL CHAIR THE TASK FORCE.
(5) T
HE TASK FORCE SHALL MEET AT THE CALL OF THE CHAIR AT
LEAST TWO TIMES FROM
AUGUST 2023 THROUGH DECEMBER 2023, AND AT
LEAST FOUR TIMES FROM
MAY 2024 THROUGH NOVEMBER 2024.
(6) T
HE TASK FORCE IS A STATE PUBLIC BODY FOR PURPOSES OF
SECTION
24-6-402, AND MEETINGS OF THE TASK FORCE ARE SUBJECT TO THE
REQUIREMENTS OF THAT SECTION
. THE TASK FORCE IS SUBJECT TO THE
PROVISIONS OF THE
"COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE
72 OF TITLE 24.
(7) T
ASK FORCE MEMBERS SERVE WITHOUT COMPENSATION BUT MAY
BE REIMBURSED FOR EXPENSES DIRECTLY RELATING TO THEIR SERVICE ON
THE TASK FORCE
.
(8) U
PON THE REQUEST OF THE CHAIR OF THE TASK FORCE , THE
DEPARTMENT OF EDUCATION SHALL PROVIDE STAFF ASSISTANCE
, MEETING
SPACE
, OR AUDIO-VISUAL COMMUNICATION TECHNOLOGY RESOURCES TO
THE TASK FORCE AS NECESSARY FOR THE PERFORMANCE OF ITS DUTIES
.
22-107-104. Task force duties - report. (1) T
O INFORM THE WORK
OF THE TASK FORCE
, THE DEPARTMENT OF EDUCATION SHALL COLLECT ,
STUDY, AND PUBLICLY REPORT THE SC HOOL TRANSPORTATION DATA
DESCRIBED IN THIS SUBSECTION
(1). THE DEPARTMENT OF EDUCATION SHALL
PRESENT
, AT A MINIMUM, THE FOLLOWING DATA TO THE TASK FORCE AS IT
BECOMES AVAILABLE
:
(a) S
TUDENT ELIGIBILITY, INCLUDING FACTORS USED BY SCHOOL
DISTRICTS AND CHARTER SCHOOLS TO DETERMINE ELIGIBILITY FOR
TRANSPORTATION AND WHETHER THE FACTORS USED CREATE BARRIERS FOR
STUDENTS TO ATTEND THEIR SCHOOL DISTRICT
-ASSIGNED NEIGHBORHOOD
PUBLIC SCHOOL
, PUBLIC SCHOOL OF CHOICE , OR CAREER PATHWAYS
PROGRAM
;
(b) S
TUDENT UTILIZATION, INCLUDING HOW MANY ELIGIBLE
STUDENTS UTILIZE SCHOOL TRANSPORTATION
, WHETHER ROUTES ARE AT
PAGE 6-SENATE BILL 23-094 CAPACITY, AND METHODOLOGIES USED BY SCHOOL DISTRICTS AND CHARTER
SCHOOLS TO IDENTIFY UTILIZATION PATTERNS AND ADJUST OPERATIONS
ACCORDINGLY
;
(c) D
RIVER STAFFING LEVELS, INCLUDING STAFFING REQUIRED TO
COVER ROUTES
, DRIVER PAY RATES, HOURS OF OPERATION, VACANCIES, AND
WHETHER AND HOW SCHOOL DISTRICTS AND CHARTER SCHOOLS CONTRACT
WITH PUBLIC TRANSPORTATION PROVIDERS OR ALTERNATIVE
TRANSPORTATION PROVIDERS TO SATISFY SCHOOL TRANSPORTATION NEEDS
;
(d) F
LEET DIVERSIFICATION, INCLUDING THE TYPES OF BUSES OR
VEHICLES USED TO SATISFY SCHOOL TRANSPORTATION NEEDS AND COSTS
ASSOCIATED WITH EACH TYPE OF BUS AND VEHICLE USED AND INCLUDING
,
FOR EACH TYPE OF BUS AND VEHICLE USED, ELECTRIFICATION OPTIONS, FUEL
COSTS
, MAINTENANCE COSTS, PURCHASE PRICES, RESALE VALUES, AND
SALVAGE VALUES
; AND
(e) SERVICE GAPS, INCLUDING IDENTIFYING DISCREPANCIES BETWEEN
ELIGIBLE STUDENTS AND UTILIZATION
, AND CAUSES OF THOSE
DISCREPANCIES
.
(2) C
ONSIDERING DATA COLLECTED BY THE DEPARTMENT OF
EDUCATION PURSUANT TO SUBSECTION
(1) OF THIS SECTION, AND INPUT
FROM TASK FORCE MEMBERS OR OTHER EXPERTS AS CONSULTED
, THE TASK
FORCE SHALL CREATE A REPORT CONTAINING FINDINGS AND
RECOMMENDATIONS FOR THE PURPOSE OF IMPROVING SCHOOL
TRANSPORTATION SERVICES FOR STUDENTS
. THE REPORT MUST INCLUDE:
(a) I
DENTIFICATION OF TRANSPORTATION CHALLENGES THAT CREATE
BARRIERS TO STUDENTS ATTENDING A SCHOOL DISTRICT
-ASSIGNED
NEIGHBORHOOD PUBLIC SCHOOL
, PUBLIC SCHOOL OF CHOICE, OR CAREER
PATHWAY PROGRAMS
;
(b) R
ECOMMENDATIONS FOR IMPLEMENTING A SIMPLIFIED
REIMBURSEMENT PROCESS FOR SCHOOL DISTRICTS BASED ON THE FINDINGS
OR RECOMMENDATIONS FROM THE TRANSPORTATION SUBCOMMI TTEE OF THE
FINANCIAL POLICIES AND PROCEDURES ADVISORY COMMITTEE OF THE
DEPARTMENT OF EDUCATION
;
(c) I
DENTIFICATION OF EXISTING AND POTENTIAL FUNDING SOURCES
PAGE 7-SENATE BILL 23-094 FOR PROVIDING SCHOOL TRANSPORTATION ;
(d) R
ECOMMENDATIONS FOR CREATING AND IMPLEMENTING
SUSTAINABLE FUNDING MECHANISMS TO MEET SCHOOL TRANSPORTATION
NEEDS
;
(e) R
ECOMMENDATIONS FOR CREATING AND IMPLEMENTING A
TRANSPORTATION INNOVATION FUND TO SUPPORT LOCAL EFFORTS TO
CREATE NEW AND INNOVATIVE TRANSPORTATION SOLUTIONS THAT MAY
SERVE AS A MODEL TO SCALE AND SUSTAIN IN OTHER SCHOOL DISTRICTS AND
CHARTER SCHOOLS
;
(f) R
ECOMMENDATIONS FOR FACILITATING PARTNERSHIPS AMONG
SCHOOL DISTRICTS
, DISTRICT AND INSTITUTE CHARTER SCHOOLS , PUBLIC
TRANSPORTATION PROVIDERS
, PRIVATE TRANSPORTATION PROVIDERS , AND
LOCAL NONPROFIT ORGANIZATIONS TO MEET TRANSPORTATION NEEDS AND
CREATE COST EFFICIENCIES
, WHILE MAINTAINING SAFETY STANDARDS ;
(g) R
ECOMMENDATIONS FOR CREATING PATHWAYS AND TALENT
PIPELINES FOR TRANSPORTATION PROVIDER AND LOGISTICS CAREERS
;
(h) R
ECOMMENDATIONS FOR COMPETITIVE SALARIES AND BENEFITS
PACKAGES NECESSARY TO RECRUIT AND RETAIN SCHOOL TRANSPORTATION
DRIVERS
;
(i) I
DENTIFICATION OF OUTCOMES FROM TRANSPORTATION
ASSISTANCE GRANTS FROM THE DEPARTMENT OF EDUCATION
, AND
RECOMMENDATIONS FOR REPLICATION OR EXPANSION
;
(j) A
N ANALYSIS OF THE COSTS AND BENEFITS ASSOCIATED WITH
REQUIRING ROUTE SCHOOL BUSES THAT CAN CONTROL TRAFFIC WITH
ALTERNATING FLASHING RED LIGHTS TO HAVE AUTOMATED VEHICLE
INFORMATION SYSTEMS
, AS DEFINED AT SECTION 42-4-110.5 (6), TO RECORD
MOTOR VEHICLES THAT UNLAWFULLY PASS A STOPPED ROUTE SCHOOL BUS
;
AND
(k) RECOMMENDATIONS FOR LEGISLATION OR RULES THAT MAY
IMPROVE SCHOOL TRANSPORTATION
, INCLUDING RECOMMENDATIONS FOR
LEGISLATION OR RULES THAT DO NOT EXACERBATE THE MARGINALIZATION
OF COMMUNITIES THROUGH SEPARATION WHILE PROTECTING PUBLIC FUNDS
PAGE 8-SENATE BILL 23-094 WITH CLEAR ACCOUNTABILITY AND TRANSPARENCY .
(3) O
N OR BEFORE DECEMBER 1, 2024, THE TASK FORCE SHALL
SUBMIT ITS REPORT TO THE EDUCATION COMMITTEES OF THE SENATE AND
HOUSE OF REPRESENTATIVES
, OR ANY SUCCESSOR COMMITTEES , THE STATE
BOARD OF EDUCATION
, AND THE GOVERNOR AND SHALL PUBLISH THE REPORT
ON ITS WEBSITE
.
22-107-105. Repeal of article. T
HIS ARTICLE 107 IS REPEALED,
EFFECTIVE JULY 1, 2025.
SECTION 2. Appropriation. For the 2023-24 state fiscal year,
$95,313 is appropriated to the department of education. This appropriation
is from the general fund and is based on an assumption that the department
will require an additional 0.5 FTE. To implement this act, the department
may use this appropriation for administration related to public school
finance.
SECTION 3. Safety clause. The general assembly hereby finds,
PAGE 9-SENATE BILL 23-094 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 10-SENATE BILL 23-094