Counsel briefs board on state school‑finance bills, TABOR measure and concurrent‑enrollment changes

GREELEY, Colo. — At a work session meeting of the Greeley School District No. 6 board, district legal counsel Nate Fong reviewed a package of state legislative items and a November ballot measure that district leaders said could materially affect K–12 funding and operations.

Fong told the board the Joint Budget Committee relied on the Office of State Planning and Budgeting (OSPB) forecast — an optimistic revenue view that included an assumed partial sale of Pinnacle (the state’s workers’ compensation association) — to close a multi‑hundred‑million‑dollar gap and allow implementation of the new School Finance Act (referenced by counsel as Senate Bill 23). He warned that the OSPB assumptions are partly speculative and therefore not guaranteed.

On a proposed TABOR-related ballot measure (referred to in the presentation materials as Senate Bill 26135/the "positive factor"), Fong said the proposal would reserve roughly 2% of any TABOR refund that the state retains to go to K–12 education in perpetuity for a set period (he referenced a 10‑year projection discussed by sponsors). Board members asked whether the remaining retained funds are refunded or allocated elsewhere; counsel replied that retained amounts could flow to other statewide programs as currently written and that the measure’s language — and any amendments — will determine specifics.

Fong also reviewed other bills the district is tracking: legislation to expand lead testing and remediation to high schools (the district previously tested 708 taps and found about 3.8% over the safe limit, leading to targeted remediations), and bills to expand concurrent enrollment to off‑campus courses from higher‑education institutions so that four‑year universities could participate in concurrent‑enrollment funding. He noted that some teacher‑focused programs are sunsetting (TRAP and ASCENT), which could shift funding and programmatic arrangements between K–12 and higher education.

"We noticed there have been about 50 orbital bills related to the School Finance Act," Fong said, noting that many small adjustments and one‑time transfers were used to free money for the proposed formula. "They relied on the more optimistic revenue forecast as Miss Sponsler pointed out." (Attribution: Nate Fong.)

Directors raised administrative and cost questions: several asked whether the lead‑testing expansion should be funded by the Department of Public Health and Environment rather than by school districts, and whether concurrent‑enrollment changes would effectively reimburse four‑year universities in ways that change existing funding flows. Counsel acknowledged those concerns and said the district will monitor amendments and any available grants.

Fong said several bills with significant fiscal notes — for example, bills establishing new civil‑rights complaint mechanisms tied to discriminatory practices or disability protections — are unlikely to move forward this session because the legislature focused on closing the immediate funding gap.

Ending — Counsel provided updated materials to the board and said staff will continue to track bill language and proposed amendments; the briefing closed with board thanks for the update and no formal action taken.