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Colorado lines up three public-school SGOs and plans to file its §25F list before January 1, which would settle 2027 before the next governor takes office

Gov. Jared Polis's office named three new Colorado SGOs serving public school students on October 1, 2026 and said the state will submit its SGO list before January 1, 2027. Under Treasury's new temporary rules, filing that list perfects Colorado's 2027 election, and Treasury reads the law to allow no revocation after that, whoever wins the November 3 governor's race.

Update, October 19, 2026: The Department of Revenue has opened the process. Organizations can now apply for Colorado's 2027 SGO list through an online portal (Form DR 1998) at sgo.colorado.gov, and applications must be in by November 30, 2026 to guarantee a place on the list, which the Department says it will submit to the IRS by January 1, 2027. What the application asks for.

Update, October 6, 2026: Chalkbeat Colorado reports that the Colorado Public Schools Foundation, the Denver Public Schools Foundation and RESCHOOL, which has given out "learning dollars" for tutoring and other activities for more than a decade, are each creating a new, separate nonprofit to serve as an SGO. Because only about 20 of Colorado's more than 170 school districts have foundations, the statewide Colorado Public Schools Foundation SGO is meant to let any district sign an agreement so local taxpayers can direct their $1,700 to that district, said chair Shannon Hancock. "You can stand on principle and say, 'We're not going to do this because this is a voucher scheme,' but then who benefits?" she said. Polis told Chalkbeat the tight timeline is one of the biggest challenges: the state has until December to vet SGOs and submit its list. Weiser, the Democratic nominee, has called himself a "firm no" on the program. Chalkbeat, Oct. 6.

Colorado is the only state with a Democratic governor who opted in personally (Polis made the election in December 2025), and on October 1, the day Treasury released the §25F rules, his office said what comes next. The release names three new scholarship granting organizations aimed at public school students: "New SGOs like the Colorado Public Schools Foundation, Denver Public Schools Foundation Opportunity Fund, and Learn Everywhere Fund will provide ample opportunity for taxpayers to donate funds that will benefit public school students across the state."

"I am glad that today's rules clarify that these donations can support public school students and I look forward to providing further comments on these draft rules," Polis said. "I encourage Colorado non-profit organizations to get ready to sign up, and for Coloradans to donate using this tax credit once available next year." The Denver foundation's plans for tutoring and after-school scholarships were part of Chalkbeat's national report on public school SGOs on September 30; the Colorado Public Schools Foundation and the Learn Everywhere Fund are new names in the state's own announcement.

The state list. The Colorado Department of Revenue "is updating its form for compiling Colorado's list of eligible SGOs, and will open that process in the near future," the release says, and "Colorado will submit its list of eligible SGOs to the Treasury ahead of January 1, 2027." (Under the temporary regulations, the list itself goes to the IRS through its State §25F portal.) Organizations can sign up for a notice when the process opens at tax.colorado.gov/scholarship-granting-organizations. Because a participating state must list every qualifying SGO located in the state that asks, the form is a filing step for SGOs, not a selection.

Why the timing matters. Colorado elects a new governor on November 3. Attorney General Phil Weiser, the Democratic nominee, "continues to stand against the program and is still reviewing the new rules," a campaign spokesperson told The Colorado Sun, while Republican nominee Victor Marx supports it. Treasury's temporary regulations (§ 1.25F-5T(c)(3)(ii)) say a state that made an advance election must "perfect its election by providing its State SGO list." For 2027 that window runs from October 1, 2026 through February 15, 2027. A state that never perfects is out for the year. Treasury's preamble adds that it does not read the statute "as allowing for any revocation once a State has completed its State election for the year, including an advance election that has been perfected."

Put together: if Colorado files its list before January 1, as the governor's office says it will, Colorado's 2027 participation is complete before the next governor is sworn in. That matches what Madi Ashour of the Colorado Children's Campaign told the Sun, that the state is locked in "for at least a year" and that a future governor could exit later by not submitting a list for a following year. Each state election covers a single calendar year, so 2028 is a separate decision. Even then, Ashour noted, Coloradans could still claim the credit by giving to SGOs in other states: "The choice before Gov. Weiser is, do Colorado kids benefit from the credit or will those dollars flow out of the state?"

For Colorado SGOs. The practical steps are the same for every organization: be authorized to do business in Colorado and in compliance with its charity laws (no in-state headquarters is required), meet the federal requirements, register when the IRS opens its portal, and get on the state's list before it is filed. Our free SGO Builder walks through each step, the §25F calendar has every deadline, and the Colorado page tracks the state's status.

Sources

Originally published by EFTC Credit. Reproduced with permission.

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