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SB26-135

State Public K-12 Education Funding

Type Bill
Session 2026 Regular Session
Subjects
Education & School Finance (Pre & K-12) Fiscal Policy & Taxes

Concerning state public education K-12 funding, and, in connection therewith, increasing appropriations for state public education K-12 by up to two percent for ten years, using the increased appropriations for district school financing factor funding, allowing the state to retain an amount of state revenue in excess of the limitation on state fiscal year spending equal to state public K-12 education funding, and submitting a ballot question to the registered electors of the state.

Bill Summary:

     The bill requires the secretary of state to refer a ballot issue at the November 2026 general election to seek voter approval for the state to retain and spend an amount of state revenue equal to the amount of state public K-12 education funding in excess of the limitation on state fiscal year spending and to increase state public K-12 education funding by up to 2% for 10 years.

     The bill directs legislative council staff to determine the amount of state public K-12 education funding and describes how legislative council staff will make that determination.

     The bill creates a positive factor to provide additional funding for each district. A positive factor is equal to the lesser of 2% of statewide total program funding for the 2026-27 budget year multiplied by a district's total program as a percentage of the statewide total program or the amount that the state is authorized to retain and spend that would otherwise have been in excess of the limitation on state fiscal year spending multiplied by a district's total program as a percentage of the statewide total program. A district may only use its positive factor funding for increasing teacher pay, improving teacher retention, lowering class sizes, and increasing access to career and technical courses.

     The bill creates the excess state revenues account (account) within the general fund. The account consists of an amount of money equal to the amount of state revenues in excess of the excess state revenues cap that the state retains for a given fiscal year pursuant to voter approval of the bill. Money in the account must first be spent for paying districts their positive factor and only after that may be spent for any other purpose.

     The bill directs the state auditor to conduct and publish, for each state fiscal year that the state retains and spends state revenues in excess of the limitation on state fiscal year spending, a legislative report. That report must include descriptions of:

  • The amount of state revenues that the state retained and spent that would otherwise have been in excess of the limitation on state fiscal year spending; and
  • How the state revenues that the state retained and spent that would otherwise have been in excess of the limitation on state fiscal year spending were expended.

     Lastly, the bill makes conforming amendments to ensure that voter approval of the bill does not impact the expanded earned income tax credit, the family affordability tax credit, or the affordable housing financing fund.
(Note: This summary applies to this bill as introduced.)

Committees

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Status

Under Consideration

Introduced

Under Consideration

Related Documents & Information

Date Version Documents
03/05/2026 Introduced PDF
Date Version Documents
03/13/2026 PA1 PDF
Date Version Documents
03/10/2026 Initial Fiscal Note PDF
Activity Vote Documents
Adopt amendment L.001 (Attachment B) The motion passed without objection. Vote summary
Adopt amendment L.002 (Attachment C) The motion passed without objection. Vote summary
Adopt amendment L.003 (Attachment D) The motion passed without objection. Vote summary
Refer Senate Bill 26-135, as amended, to the Committee on Appropriations. The motion passed on a vote of 6-3. Vote summary
Date Amendment Number Committee/ Floor Hearing Status Documents
03/12/2026 L.003 SEN Finance Passed [*] PDF
03/12/2026 L.002 SEN Finance Passed [*] PDF
03/12/2026 L.001 SEN Finance Passed [*] PDF
Date Location Action
03/12/2026 Senate Senate Committee on Finance Refer Amended to Appropriations
03/05/2026 Senate Introduced In Senate - Assigned to Finance