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

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.