Colorado § 22-54-103.7 - Positive factor - definitions.

§ 22-54-103.7. Positive factor - definitions.

[Editor's note: This section takes effect only if Senate Bill 26-135 is approved by the voters at the 2026 statewide election and becomes law.]

(1) As used in this section, unless the context otherwise requires:

(a) "New formula district total program calculation" means a district's total program for the applicable budget year as calculated pursuant to the district total program formula in section 22-54-103.5. The term does not include any adjustments required pursuant to section 22-54-103.3 when determining a district's total program for the 2027-28 budget year through the 2030-31 budget year.

(b) "New formula statewide total program calculation" means the district total program for all districts for the applicable budget year as calculated pursuant to the district total program formula in section 22-54-103.5. The term does not include any adjustments required pursuant to section 22-54-103.3 when determining a district's total program for the 2027-28 budget year through the 2030-31 budget year.

(c) "Positive factor" means:

(I) For the 2026-27 budget year, two percent of program foundation calculated for the 2025-26 budget year;

(II) For the 2027-28 budget year through the 2034-35 budget year, the sum of:

(A) Two percent of program foundation for the immediately preceding budget year; and

(B) The positive factor for the immediately preceding budget year; and

(III) For the 2035-36 budget year and each budget year thereafter:

(A) Two percent of program foundation for the 2034-35 budget year; and

(B) The positive factor for the 2034-35 budget year.

(d) "Program foundation" means:

(I) For budget years before total program is determined pursuant to section 22-54-103.5, an amount equal to state share of total program; and

(II) For budget years when total program is determined pursuant to section 22-54-103.5, an amount equal to new formula statewide total program calculation.

(e) "State share of total program" means an amount equal to the total of the state's share of each school district's total program, as defined in section 22-55-102 (18).

(f) "Two percent K-12 public education increase" means an amount equal to the lesser of:

(I) The positive factor for the current budget year; or

(II) The amount that the state is authorized to retain and spend pursuant to section 24-77-302 (1) for the budget year minus, for the 2027-28 budget year and each budget year thereafter, an amount equal to the total dollar amounts of warrants issued by the state treasurer pursuant to section 39-3-207 (4) in the current budget year.

(2) For the 2026-27 budget year and each budget year thereafter, a district's share of positive factor is equal to:

(New formula district total program calculation / New formula statewide total program calculation) x (Two percent K-12 public education increase).

(3) For the 2026-27 budget year and each budget year thereafter, the department of education shall annually calculate each district's new formula district total program calculation and the new formula statewide total program calculation.

(4) For the 2026-27 budget year and each budget year thereafter, the department of education and the staff of the legislative council shall annually determine each district's positive factor based on budget projections; except that the department of education and the staff of the legislative council shall make mid-year revisions to replace projections with actual figures to determine any necessary changes in the amount to maintain the positive factor for the applicable budget year.

(5) A district's positive factor is in addition to, but is not included in, the district's total program determined pursuant to this article 54. The positive factor must be distributed in the same form and manner in which payments of total program are distributed under law to all public schools.

(6) A district shall only expend its positive factor to:

(a) Increase teacher pay;

(b) Improve teacher retention;

(c) Lower class sizes; and

(d) Increase access to career and technical courses.

Source: L. 2026: Entire section added, (SB 26-135), ch. 437, p. 3469, § 2, effective (see editor's note).

Editor's note: This section was added by SB 26-135. That bill contains a referendum clause and will be submitted to a vote of the registered electors of the state of Colorado at the next biennial regular general election in 2026 for its approval or rejection. This section takes effect upon the proclamation of the Governor if SB 26-135 is approved by the registered electors.

Cross references: For the legislative declaration in SB 26-135, see section 1 of chapter 437, Session Laws of Colorado 2026.