Senate committee advances bill to require districts to solicit charter school facility needs; multiple amendments added

The Senate Education Committee on Monday advanced Senate Bill 145 after hours of testimony from charter school leaders, researchers and school board representatives and the adoption of multiple stakeholder amendments.

Senator Bridal, the bill sponsor, said the measure is meant "about fairness, transparency, and trust," and would require school districts to solicit capital‑project proposals from charter schools and explain how projects were evaluated and prioritized when preparing bond proposals, without mandating funding outcomes. "It simply ensures that when districts are developing bond proposals, they engage in a transparent and inclusive process that considers the needs of all public school students," Bridal said.

Senator Kipp, the bill's co‑sponsor, emphasized the bill preserves local control: "This is not about taking sides in the charter school debate. It does not change funding levels. It simply creates a consistent process by which decisions are made," she said.

Dozens of witnesses testified in support. Ricky Boucher, executive director of Salida del Sol Academy in Greeley, described tangible benefits when his district chose to include charters in bond measures, citing upgrades to HVAC, roofing and ADA improvements. Dan Schaller, president of the Colorado League of Charter Schools, framed the bill as a governance reform and said charter schools serve nearly 16% of Colorado students but still operate at roughly 81% of the per‑pupil spending of traditional district schools.

Research presented to the committee underscored inconsistent inclusion of charters in bond planning. Brooke Quisenberry of Momentum Strategy & Research said her team's review showed charter schools were included in only a subset of bond elections and, when included, received an average of about 2.5% of bond proceeds while enrolling an average of about 10% of district students in the studied elections. "Access is not consistent across districts or elections," she said.

Witnesses reiterated that SB 145 does not require districts to finance charter projects. Several charter leaders described paying for facilities from operating dollars, taking on debt, or leasing space and argued those outcomes would be more equitable if districts followed a consistent planning and disclosure process. Paul Vincent, head of Fort Collins Montessori School, said roughly "25% of our annual operational budget goes to this debt," illustrating the tradeoffs some charters face.

Committee members pressed witnesses on potential legal consequences after exclusion notices. Senator Marchman asked whether a charter excluded from a bond project could sue a school board; witnesses pointed to a forthcoming amendment clarifying that a board's written reason for exclusion is "for informational purposes only" and not intended to create legal grounds for a suit. The amendment addressing that concern (L3) was adopted.

The committee adopted a package of stakeholder‑driven amendments, including:
- L1: struck language encouraging solicitation from CSI schools;
- L2: clarified that solicitations apply to capital construction projects and shortened the timeline for district action from 150 days to 120 days;
- L3: clarified that a board's written response about inclusion/exclusion is for informational purposes only (intended to limit legal exposure);
- L4: allowed districts to route charter presentations to an existing long‑range planning or capital construction committee;
- L5: removed an ambiguous "plain and easy to understand" compliance phrase;
- L7: removed a reference to relying on the Colorado Department of Education's facility assessment; and
- L8: added language recognizing that a district and its charter schools may agree on an alternative local process consistent with the statute's intent.

Matt Cook, representing the Colorado Association of School Boards, testified as "amend on," thanking sponsors and stakeholders for changes that addressed CASB's local‑authority concerns. Several witnesses also noted relief that the amendments reduce the risk of creating a new cause of action against boards.

After debate and amendment, Senator Bridal moved SB 145 to the Committee of the Whole with a favorable recommendation, "as amended." The clerk polled the committee and the motion passed unanimously.

What happens next: SB 145 goes to the Committee of the Whole for further consideration. If it advances, the bill would create a statewide requirement that districts follow a consistent, transparent process for soliciting and explaining how charter school facility needs were considered when preparing bond measures. The measure, as amended, continues to leave final funding and project selection to locally elected school boards.