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How will Colorado lawmakers prioritize education during another tough budget year? What’s the fate of the state’s first “public Christian school?” And what will new cellphone policies look like in districts statewide?
These are just a few of the Colorado education issues that we’ll be watching in the new year. Find out below about these issues and others worth watching in 2026.
Colorado’s budget woes
Colorado lawmakers face another budget shortfall in the 2026-27 fiscal year, possibly upwards of $850 million. This comes a year after lawmakers wrangled a $1 billion spending deficit in the 2025-26 budget.
The good news: Unlike last year, Gov. Jared Polis has proposed fulfilling K-12 funding promises by fully funding schools and sticking with a plan to phase-in a new funding formula. The bad news: There might be little else available for other K-12 and higher education expenses.
With the budget at the forefront, we’ll also be watching how Polis’ budget sets up arguments on how to balance Medicaid expenses with future education funding.
More Colorado student population declines
Birth rates have been on the decline since 2008, and student enrollment fell slightly in Colorado schools in the last year.
This is an issue school districts are already trying to address, with some closing or merging schools in response.
But birth rates won’t be the only driving factor in statewide enrollment changes. Federal immigration crackdowns will also likely play a role.
Recently, Denver Public Schools announced a 1,200 student population decline this year after a pronounced drop in the number of immigrant students enrolling in the district.
We’ll also be watching how colleges and universities respond to student population declines.
Higher education institutions here and nationwide are bracing for an “enrollment cliff,” or fewer high school-age students graduating due to those declining birth rates. These enrollment declines are expected to begin next year.
Deciding the fate of Colorado’s first “public Christian school”
In 2026, Colorado education officials could start the lengthy process of determining whether a Pueblo County school billed by its authorizer as the state’s first “public Christian school” is eligible for public funding.
The Colorado Department of Education warned in October that it could withhold funding from the school, Riverstone Academy, because Colorado’s Constitution bans religious public schools. But the audit process that would lead to a final decision won’t start until January and likely wouldn’t conclude till early 2027, state officials said this month.
Riverstone, which launched quietly in August with about 30 students, was authorized by a public education cooperative called Education reEnvisioned BOCES and was initially funded by a private loan. This winter, the school could receive some state funding while the audit process unfolds. If the state eventually rules that the school doesn’t qualify for public dollars, the money would have to be returned, state officials said.
Riverstone, which describes itself as offering a Christian foundation and using a Christian curriculum, was created to spur a lawsuit over the question of whether public money can fund religious schools, emails obtained by Chalkbeat suggest. The U.S. Supreme Court deadlocked on the issue in April.
Supreme Court could weigh in on preschool lawsuit
The U.S. Supreme Court will likely decide in early 2026 whether to hear a Colorado case that pits religious liberty against LGBTQ rights.
The Denver-area Catholic preschools at the center of the case have argued that if they join Colorado’s state-funded preschool program, they should be allowed to keep out LGBTQ children or children with LGBTQ parents. The state rejected this argument and so have two lower courts.
If the Supreme Court agrees to hear the case, it could answer a key question that’s also percolating through lower courts in other parts of the country: Can religious schools that accept public money get exemptions from non-discrimination rules?
If the high court declines to hear the case, it would signal that states can require schools to comply with discrimination protections for LGBTQ people if they want to join state-funded education programs.
A new higher education and workforce department
In December, Polis announced a plan to shut down the Colorado Department of Higher Education in its current form and create a brand new department.
This proposed Department of Higher Education and Workforce Development would create one unified agency that houses programs such as higher education, adult education, apprenticeships, and the state workforce development program.
Ahead of the announcement, the Department of Higher Education’s executive director said she would be leaving to take another job for personal reasons. Polis has since appointed JB Holston as executive director to help lead the department’s transition.
The new department is far from a done deal. Lawmakers will need to file legislation next year to merge these state functions. And Polis has said the final say will rest with a new governor in 2027 after Polis finishes his second term in 2026.
Elizabeth book removal lawsuit could be decided
A jury could decide in 2026 whether the school board in a small conservative-leaning Colorado community wrongly removed 19 titles from school libraries in 2024 because of content board members deemed inappropriate, overly graphic, and in some cases “disgusting.”
The American Civil Liberties Union of Colorado sued the 2,700-student Elizabeth School District over the book removals in Dec. 2024 on behalf of two district students, a chapter of the NAACP, and an authors group. The lawsuit argues that the book removals violate federal and state free speech protections. No trial date has been set yet.
The books at issue in the case are primarily by or about LGBTQ people, people of color, or both. They include “The Bluest Eye” by Toni Morrison, “The Kite Runner” by Khaled Hossein, "The Hate U Give,” by Angie Thomas, and “It’s Your World — If You Don’t Like It, Change It” by Mikki Halpin.
The ACLU lawsuit is one of two related to the 19 library books. In November, a former middle school dean sued the district, alleging she was fired shortly after objecting to the removal of the books.
New cellphone policies
Colorado lawmakers passed House Bill 1135 during the 2025 legislative session to curb cellphone use in schools.
The law requires districts to adopt policies to limit smartphone and smartwatch use in classrooms. The law also requires school boards to spell out exceptions, such as for health emergencies or to report a safety concern.
Lawmakers passed the bill to help address what experts have called a mental health crisis and to promote better learning in the classroom.
While lawmakers passed the bill this past spring, the bill won’t take effect until July 1, 2026. At that time, every school district in the state will need to adopt a policy.
Jason Gonzales is a reporter covering higher education and the Colorado legislature. Chalkbeat Colorado partners with Open Campus on higher education coverage. Contact Jason at jgonzales@chalkbeat.org.
Ann Schimke is a senior reporter at Chalkbeat, covering early childhood issues and early literacy. Contact Ann at aschimke@chalkbeat.org.
