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House committee advances bill letting approved facility schools apply to PERA to aid teacher retention
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Summary
After sponsor presentations and testimony from facility-school leaders and PERA officials, the House Education Committee voted to send HB 26-11-46 to the committee of the whole. The bill would allow CDE-approved facility schools to apply to affiliate with Colorado PERA’s local government division, an opt-in pathway sponsors say will help recruit and retain specialized educators.
The Colorado House Education Committee on Feb. 20 advanced House Bill 26-11-46, a measure that would allow Department of Education–approved facility schools to apply to affiliate with the Public Employees' Retirement Association of Colorado (PERA). Sponsors and witnesses said the change is intended to help facility schools recruit and retain specialized teachers who currently lack parity in retirement benefits.
Rep. Phillips, the bill sponsor, told the committee that Colorado has roughly 30 facility schools that serve students with disabilities and that high teacher turnover disrupts student learning. “So let's keep teachers in facility schools by allowing them to have PERA retirement benefits just like other special education teachers,” Phillips said, asking members to support HB 26-11-46.
Co-sponsor Rep. Hamrick described the bill as “an option to affiliate” that would add approved facility schools into the PERA statute and place affiliates in PERA’s local government division. “This bill simply allows approved facility schools to apply to affiliate with PERA with PERA board approval,” Hamrick said, adding that affiliation would be voluntary and that the bill cross-references existing education law on facility-school definitions.
Facility-school leaders and staff gave testimony supporting the bill. Cindy Listed, executive director of Joshua School, said Joshua serves about 90 students with 160 employees across three campuses and that turnover pushed her to research retention. “When I took this role, I knew I was walking away from PERA, and I knew I was going to do something to fix it,” Listed said, supporting the statutory change.
Amy Gearhart, CEO and founder of Spectra Centers in Broomfield, testified that Spectra runs a CDE-approved facility school and provides services to students with autism and neurodiversity. Gearhart said Spectra’s educators perform demanding work and that offering the choice to join PERA would strengthen recruitment. “Giving facility schools the option to join PERA is something our community has both needed and deserved,” she said.
Teacher testimony emphasized licensing and oversight: Tina Saunders, who has taught at Spectra since 2019, said facility-school teachers follow Colorado Department of Education hiring and licensure requirements and are subject to extensive oversight, but currently lack access to PERA retirement benefits. She said allowing opt-in would create a more reliable path to retirement and improve stability for high-needs students.
Benjamin Teavan, representing the Colorado Association of Family and Children's Agencies, said recent funding increases from the Joint Budget Committee have expanded facility-school capacity and called HB 26-11-46 a logical next step. He cited funding tranches of $19 million in 2023, $23 million in 2024 and $28 million in 2025 as improvements that have helped facility schools.
PERA’s leadership told the committee the association supports creating a statutory pathway. Andrew Roth, PERA’s CEO, said approved facility schools would apply to affiliate under the local government division, the only PERA division that allows employers to opt in. Roth also said there would be “no negative impact” to PERA’s finances from employers joining because contribution rates are actuarially determined and set in statute.
Michael Stepan, PERA’s director of public and government affairs, said the historical reason facility schools were not PERA-affiliated is statutory: they were not defined as required employers. HB 26-11-46 would create a voluntary pathway to affiliate—and, for employers in the local government division, an established pathway to later disaffiliate if necessary.
Committee members pressed witnesses on funding, oversight and the mechanics of affiliation. Rep. Garcia Sander asked whether facility schools are public and whether they follow CDE guidelines; witnesses confirmed they are publicly funded through contracts with districts and the state and that teachers are licensed and facilities are audited. Rep. Johnson asked whether a facility school that forms later could join; witnesses said schools could apply and affiliation would be subject to PERA board approval.
After closing remarks from sponsors noting the bill is about “fairness and stability,” Rep. Phillips moved HB 26-11-46 to the committee of the whole with a favorable recommendation; Rep. Hamrick seconded. The clerk called the roll and the motion carried, with the record showing multiple 'yes' votes, one 'no' from Rep. Weinberg and one excused member. The chair announced the bill will go to the committee of the whole for further consideration.
What happens next: HB 26-11-46 will be scheduled for consideration by the committee of the whole, where committee members will debate and potentially amend the bill before it proceeds through the House process.
