Colorado’s School Funding TABOR Measure Hides a Long-Term Legislative Slush Fund

Cory Gaines | Commentary, Colorado Accountability Project

The CPR article below details how SB26-135 (linked second below), the bill that, among other things, will put a question on the ballot allowing people to decide whether or not to let the state keep tax revenues above the TABOR cap, passed out of its first committee last week.

I want to tee up an important thing to note about this bill by using a quote from one of the bill’s sponsors Senator Kipp.

“The Colorado Constitution requires voter approval to make any adjustments to TABOR, which is why lawmakers have to go to the ballot to advance the plan, according to Democratic Sen. Cathy Kipp, another main sponsor. ‘This bill does exactly what TABOR tells us to do,’ Kipp said. ‘We are going to the people of Colorado and saying, “Here’s the revenue your state already collects. Should we invest it in your children’s schools or send it back?”’”

Senator Kipp is right. One of the fundamental tenets of TABOR is not that the state cannot collect revenue via taxes, not that the state cannot ever increase taxes, it’s that we the voters should get to weigh in on that collection.

But there’s something Senator Kipp (and Senator Bridges who I believe I have heard make similar statements to Kipp’s above) is leaving out here.

When voters choose, they should be making an informed choice and the bill’s sponsors are leaving out an important detail in their description of the bill and how they’re selling it.

Perhaps to their chagrin, the text of the measure can’t be spun. Let’s pop into the bill’s fiscal note. Screenshot 1 attached has the bill summary and I highlighted the important bit.

Quoting for emphasis: “ Any additional revenue after required spending on K-12 education through FY 2036-37, and all retained revenue starting in FY 2037-38, may be saved or spent as determined by the General Assembly.”

It’s only going to be “Won’t someone think of the children?!” for about 10 years. At that point, any money above and beyond that required for school spending becomes property of the Legislature to spend how they wish.

This bill is hiding the fact that the legislature doesn’t want to give you your money back above the TABOR limit behind a reasonable person’s natural desire to give children the best education we can.

I started with a quote. Let’s end with another one by one of the bill’s other sponsors, Senator Bridges from that same CPR article.

“‘Education isn’t just another line in the budget,’ Bridges said. ‘It’s how a kid from any neighborhood, any city, any county in this state gets the chance to earn a good life. For too long we’ve asked our schools to do more with less. Now it’s time for something different.’”

Do not let the Democrat politicians pushing this with all kinds of “good words”** lull you into unreality. Education is a priority. It’s one among many other, competing priorities that need to get funded.

It is Senator Bridges et. al. that have asked schools to do more with less while they frittered away state money on things like free phone calls for prisoners, EV subsidies for well-heeled Boulderites, and all the other priorities they felt were more urgent.

It is time for something different. It’s time for legislators to live within their means like every other family has to, and, when the budget’s out of whack, to STOP SPENDING SO MUCH!

**A rhetorical/propaganda device whereby you try to associate something that you want others to do by tying it to images and thoughts that are positive.

https://www.cpr.org/2026/03/13/bill-advances-school-funding-over-tabor-refunds/

https://leg.colorado.gov/bills/SB26-135

READ THE FULL COMMENTARY AT COLORADO ACCOUNTABILITY PROJECT

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