Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0867.01 Jane Ritter x4342
HOUSE BILL 22-1376
House Committees Senate Committees
Education
A BILL FOR AN ACT
C
ONCERNING SUPPORTIVE LEARNING ENVIRONMENTS FOR K-12101
STUDENTS.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill requires the department of education (department) to
compile data and create reports based on information received from
school districts and charter schools (schools) related to chronic
absenteeism rates, the number of in-school and out-of-school suspensions,
the number of expulsions, the number of students handcuffed or
restrained, the number of referrals to law enforcement, and the number of
HOUSE SPONSORSHIP
Herod and Young,
SENATE SPONSORSHIP
Priola and Winter,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. school-related arrests. The department shall annually update and post
such data and reports on its website.
The department shall create easily accessible and user-friendly
school district profiles relating to school climate, including school climate
surveys.
Restrictions concerning the use of restraints on students are
increased, including providing, creating, and implementing training for
school staff and school security staff on the use of restraints and adding
restrictions to the use of restraints on students.
The department is required to develop a policy for hiring, training,
and evaluating school resource officers.
For the state fiscal year 2022-23, the bill requires an additional
appropriation of $2 million to the department to continue the expelled and
at-risk student services program for the purpose of providing services and
supports to develop effective attendance and discipline systems, to
address educational inequities and disproportionate discipline practices,
and to offer staff training and technical assistance to ensure the culturally
responsive implementation of services and supports.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 22-1-134 and2
22-1-135 as follows:3
22-1-134. Information collected and posted on department4
website. O
N OR BEFORE AUGUST 31, 2023, THE DEPARTMENT OF5
EDUCATION SHALL STANDARDIZE THE REPORTING METHOD THAT SCHOOL6
DISTRICTS, INCLUDING CHARTER SCHOOLS OF A SCHOOL DISTRICT AND7
INSTITUTE CHARTER SCHOOLS , USE TO COLLECT AND REPORT DATA8
CONCERNING SUSPENSIONS AND EXPULSIONS , ARRESTS AND REFERRALS,9
CHRONIC ABSENTEEISM, INCIDENTS OF VIOLENCE, AND HARASSMENT AND10
BULLYING, AND THE SAFE SCHOOL REPORTING REQUIREMENTS SET FORTH11
IN SECTION 22-32-109.1. IN MAKING ITS DETERMINATION REGARDING THE12
STANDARDIZATION, THE DEPARTMENT OF EDUCATION SHALL CONSULT13
WITH SCHOOL DISTRICTS AND SCHOOL ADMINISTRATORS , SCHOOL BOARD14
MEMBERS, TEACHERS, LAW ENFORCEMENT REPRESENTATIVES , SCHOOL15
HB22-1376-2- RESOURCE OFFICERS, K-12 ADVOCATES, AND OTHER RELEVANT1
STAKEHOLDERS.2
22-1-135. Accessible district profile reports - school climate3
reports and surveys - reporting - definition. (1) (a) O
N OR BEFORE4
A
UGUST 31, 2024, THE DEPARTMENT OF EDUCATION SHALL DEVELOP5
EASILY ACCESSIBLE, USER-FRIENDLY PROFILE REPORTS FOR EACH SCHOOL6
DISTRICT AND THE CHARTER SCHOOL INSTITUTE . THE REPORTS MUST BE7
MADE EASILY ACCESSIBLE TO THE GENERAL PUBLIC THROUGH A LINK ON8
THE DEPARTMENT OF EDUCATION 'S WEBSITE; UPDATED ANNUALLY; AND9
DISAGGREGATED BY GENDER , GRADE LEVEL, ETHNICITY, DISABILITY,10
E
NGLISH LANGUAGE LEARNER STATUS , FREE AND REDUCED-PRICE LUNCH11
STATUS, AND HOMELESS STATUS TO THE MAXIMUM EXTENT POSSIBLE IN12
COMPLIANCE WITH THE FEDERAL "FAMILY EDUCATIONAL RIGHTS AND13
P
RIVACY RIGHTS ACT OF 1974", 20 U.S.C. SEC. 1232g AND THE "STUDENT14
D
ATA TRANSPARENCY AND SECURITY ACT" CREATED PURSUANT TO15
ARTICLE 16 OF THIS TITLE 22. TO PREPARE THE PROFILE REPORTS, THE16
DEPARTMENT OF EDUCATION SHALL COLLECT THE INDIVIDUAL STUDENT17
DATA DESCRIBED IN SUBSECTION (1)(b) OF THIS SECTION. THE18
DEPARTMENT OF EDUCATION SHALL NOT PUBLICLY REPORT INDIVIDUAL19
STUDENT DATA AS PART OF THE DISTRICT PROFILE REPORTS .20
(b) T
HE PROFILE REPORTS MUST INCLUDE, BUT ARE NOT LIMITED21
TO:22
(I) C
HRONIC ABSENTEEISM RATES;23
(II) T
HE NUMBER OF IN -SCHOOL AND OUT -OF-SCHOOL24
SUSPENSIONS;25
(III) T
HE NUMBER OF EXPULSIONS;26
(IV) T
HE NUMBER OF STUDENTS HANDCUFFED ;27
HB22-1376
-3- (V) THE NUMBER OF REFERRALS TO LAW ENFORCEMENT . AS USED1
IN THIS SECTION, "REFERRALS TO LAW ENFORCEMENT " MEANS WHEN A2
SCHOOL EMPLOYEE PROACTIVELY CALLS , SUMMONS, OR REQUESTS A LAW3
ENFORCEMENT OFFICIAL, INCLUDING A SCHOOL RESOURCE OFFICER , TO:4
(A) R
ESPOND TO AN INCIDENT ON SCHOOL GROUNDS INVOLVING5
A POSSIBLE VIOLATION OF LOCAL, STATE, OR FEDERAL LAW;6
(B) E
NGAGE WITH A STUDENT OR THIRD PARTY ON SCHOOL7
GROUNDS WHO IS CREATING A POTENTIALLY DANGEROUS SITUATION ; OR8
(C) E
NFORCE A LOCAL, STATE, OR FEDERAL RULE, REGULATION, OR9
LAW ON SCHOOL GROUNDS , IN A SCHOOL VEHICLE, OR AT A SCHOOL10
ACTIVITY OR SCHOOL-SANCTIONED EVENT;11
(VI) T
HE NUMBER OF SCHOOL-RELATED ARRESTS, INCLUDING AN12
ARREST THAT OCCURS ON SCHOOL GROUNDS , IN A SCHOOL VEHICLE, OR AT13
A SCHOOL ACTIVITY OR SCHOOL-SANCTIONED EVENT;14
(VII) T
HE NUMBER OF STUDENTS PHYSICALLY RESTRAINED ; AND15
(VIII) T
HE NUMBER OF STUDENTS PLACED IN SECLUSION .16
(2) (a) T
HE DISTRICT PROFILES MUST INCLUDE DATA COLLECTED17
PURSUANT TO SECTION 22-2-112 (1)(u)(I) AND ANY OTHER EXISTING18
DISTRICT-LEVEL MEASURES THAT THE DEPARTMENT OF EDUCATION19
DETERMINES RELEVANT AND RELATED TO SCHOOL CLIMATE . IN20
DEVELOPING THE PROFILES, THE DEPARTMENT OF EDUCATION SHALL21
CONSULT WITH STAKEHOLDERS , INCLUDING MEMBERS OF THE STATE22
ADVISORY COUNCIL FOR PARENT INVOLVEMENT IN EDUCATION , CREATED23
IN SECTION 22-7-303; MEMBERS OF THE COLORADO SPECIAL EDUCATION24
ADVISORY COMMITTEE APPOINTED PURSUANT TO SECTION 22-20-10425
(2)(a);
AND STAKEHOLDERS WHO REPRESENT THE DISABILITY COMMUNITY ;26
K-12
ADVOCATES AND STUDENTS ; AND REPRESENTATIVES OF27
HB22-1376
-4- ASSOCIATIONS REPRESENTING SCHOOL EXECUTIVES , SCHOOL BOARDS,1
CHARTER SCHOOLS, AND TEACHERS.2
(b) T
HE DEPARTMENT OF EDUCATION MAY CONSULT WITH STATE3
AND NATIONAL ORGANIZATIONS OR OTHER STATES WITH EXPERTISE IN4
MEASURING AND IMPROVING STUDENTS ' EXPERIENCE AT SCHOOL. BY5
D
ECEMBER 31, 2023, THE DEPARTMENT OF EDUCATION MAY MAKE6
RECOMMENDATIONS TO THE STATE BOARD OF EDUCATION AND THE7
GENERAL ASSEMBLY FOR ADDITIONAL INDICATORS TO CONSIDER ,8
INCLUDING, BUT NOT LIMITED TO, MEASURES OF STUDENT ENGAGEMENT ,9
STUDENTS' EMOTIONAL AND PHYSICAL SAFETY AND SENSE OF BELONGING ,10
AND TEACHERS ' PERSPECTIVES OF LEARNING CONDITIONS .11
R
ECOMMENDATIONS MAY ALSO LEVERAGE INFORMATION LEARNED FROM12
PILOT AND GRANT PROGRAMS RELATED TO IMPROVING STUDENTS '13
EXPERIENCES IN SCHOOL.14
(3) B
EGINNING IN THE 2023-24 SCHOOL YEAR, THE DEPARTMENT15
OF EDUCATION SHALL ANNUALLY COLLECT INFORMATION CONCERNING16
SCHOOL CLIMATE SURVEYS ADMINISTERED TO STUDENTS OR FAMILIES , OR17
SCHOOL CLIMATE TOOLS UTILIZED BY SCHOOLS AND SCHOOL DISTRICTS ,18
INCLUDING WHICH SURVEY OR TOOL IS USED , IF ANY, AND HOW THE19
RESULTS OF SUCH SURVEYS ARE MADE PUBLICLY ACCESSIBLE , IF AT ALL.20
T
HE DEPARTMENT OF EDUCATION SHALL INCLUDE THIS INFORMATION IN21
THE DISTRICT PROFILE REPORTS.22
SECTION 2. In Colorado Revised Statutes, 22-2-112, amend23
(1)(u)(I) as follows:24
22-2-112. Commissioner - duties - report - legislative25
declaration - repeal. (1) Subject to the supervision of the state board,26
the commissioner has the following duties:27
HB22-1376
-5- (u) (I) To prepare an annual report on the number of pupils1
enrolled in public schools in the state based on the pupil enrollments2
reported to the state board pursuant to section 22-54-112 (2)(a) for the3
applicable school year, and the number of
SCHOOL COUNSELORS, SCHOOL4
SOCIAL WORKERS, SCHOOL NURSES, AND school psychologists in the state,5
who are
licensed by the department pursuant to part 2 of article 60.5 of6
this title 22, and employed by a school district, board of cooperative7
services, or charter school, OR ENTITY THAT CONTRACTS WITH ANY OF THE8
ABOVE who are reported as full-time equivalent OR PART-TIME employees.9
The report must state the number of pupils and licensed and employed10
school psychologists,
SCHOOL COUNSELORS, SCHOOL SOCIAL WORKERS,11
AND SCHOOL NURSES in total for the state and disaggregated by school12
district, board of cooperative services, and the state charter school13
institute.14
SECTION 3. In Colorado Revised Statutes, 22-2-503, amend (1)15
introductory portion, (1)(b), (1)(c), (2)(e), and (2)(f); and add (1)(d) and16
(2)(g) as follows:17
22-2-503. Teaching and learning conditions survey. (1) Subject18
to available appropriations, the department shall administer a biennial19
teaching and learning conditions survey, referred to in this section as the20
"survey", to all preschool teachers, elementary teachers, secondary21
teachers, and education support professionals in public schools of the22
state. The survey shall
MUST be designed to assess, at a minimum:23
(b) The correlation, if any, between teaching and learning24
conditions and teacher retention; and25
(c) The relationship, if any, between teaching and learning26
conditions and school administration;
AND27
HB22-1376
-6- (d) THE RELATIONSHIP, IF ANY, BETWEEN TEACHING AND1
LEARNING CONDITIONS AND MEASURES OF SCHOOL CLIMATE , AS2
EXPERIENCED BY STUDENTS AND TEACHERS .3
(2) The survey results may be used by schools, school districts, the4
department, state policymakers, and researchers as a resource for:5
(e) State education reform initiatives concerning achievement6
gaps, teacher gaps, dropout rates, and graduation rates; and7
(f) Other analyses to inform school improvement efforts;
AND8
(g) I
MPROVING WAYS TO MEASURE AND IMPROVE SC HOOL CLIMATE9
AND TEACHING AND LEARNING ENVIRONMENTS .10
SECTION 4. In Colorado Revised Statutes, 22-30.5-528, amend11
(2), (3)(a), and (3)(b) introductory portion; and add (3)(d), (3)(e), and (5)12
as follows:13
22-30.5-528. Institute charter schools - use of restraints on14
students - certain restraints prohibited - reports and review process15
- complaints and investigations - rules - definitions. (2) Pursuant to
16
section 26-20-111, the use of a chemical, mechanical, or prone restraint17
upon a student in an institute charter school is prohibited THE18
"P
ROTECTION OF INDIVIDUALS FROM RESTRAINT AND SECLUSION ACT",19
SECTIONS 26-20-101 TO 26-20-111, SETS FORTH THE KEY DEFINITIONS AND20
PROHIBITIONS ON THE USE OF RESTRAINTS , INCLUDING THE USE OF21
RESTRAINTS ON STUDENTS, DESCRIBED IN SECTION 26-20-111.22
(3) (a) On and after August 9, 2017, each school district
23
INSTITUTE CHARTER SCHOOL shall require any school employee or24
volunteer who uses any type of restraint on a student of the
INSTITUTE25
CHARTER school district
to submit a written report of the incident to the26
INSTITUTE CHARTER SCHOOL'S administration of the school not later than27
HB22-1376
-7- one school day after the incident occurred.1
(b) On and after August 9, 2017, each
INSTITUTE CHARTER school2
district
shall establish a review process, conduct the review process at3
least annually, and document the results of each review process in4
writing. Each annual review process must include a review of each5
incident in which restraint was used on a student during the preceding6
year. The purpose of each annual review process is to ensure that the7
INSTITUTE CHARTER school district
is properly administering restraint,8
identifying additional training needs, minimizing and preventing the use9
of restraint by increasing the use of positive behavior interventions, and10
reducing the incidence of injury to students and staff. Each annual review11
process must include but is not limited to:12
(d) T
HE DEPARTMENT OF EDUCATION HAS ENFORCEMENT13
AUTHORITY TO APPLY TO INVESTIGATIONS AND DECISIONS CONCERNING14
THE USE OF RESTRAINTS ON STUDENTS .15
(e) N
O LATER THAN JUNE 30, 2023, AND EVERY JUNE 3016
THEREAFTER, EACH INSTITUTE CHARTER SCHOOL SHALL SUBMIT THE DATA17
FROM THE ANNUAL REVIEW CONDUCTED PURSUANT TO SUBSECTION (3)(b)18
OF THIS SECTION TO THE DEPARTMENT OF EDUCATION PURSUANT TO19
SECTION 22-1-134.20
(5) T
HE DEPARTMENT OF EDUCATION SHALL CREATE AND21
IMPLEMENT RIGOROUS STANDARDS FOR TRAINING SCHOOL STAFF AND22
ADMINISTRATORS ON THE "PROTECTION OF INDIVIDUALS FROM RESTRAINT23
AND SECLUSION ACT", SECTIONS 26-20-101 TO 26-20-111.24
SECTION 5. In Colorado Revised Statutes, 22-32-109.1, amend25
(2) introductory portion, (2)(b) introductory portion, (2)(b)(IV)(E), and26
(2)(b)(IV)(K); and add (1)(g.3), (2)(b.5), and (12) as follows:27
HB22-1376
-8- 22-32-109.1. Board of education - specific powers and duties1
- safe school plan - conduct and discipline code - safe school reporting2
requirements - school response framework - school resource officers3
- definitions. (1) Definitions. As used in this section, unless the context4
otherwise requires:5
(g.3) "S
CHOOL" MEANS A PUBLIC SCHOOL OF A SCHOOL DISTRICT,6
A CHARTER SCHOOL, OR AN INSTITUTE CHARTER SCHOOL.7
(2) Safe school plan. In order
To provide a learning environment8
that is safe, conducive to the learning process, and free from unnecessary9
disruption, each school district board of education or institute charter10
school board for a charter school authorized by the charter school institute11
shall, following consultation with the school district accountability12
committee and school accountability committees, parents, teachers,13
administrators, students, student councils where available, and, where14
appropriate, the community at large, adopt and implement a safe school15
plan, or review and revise, as necessary in response to any relevant data16
collected by the school district, any existing plans or policies already in17
effect. In addition to the aforementioned parties, each school district18
board of education, in adopting and implementing its safe school plan,19
may consult with victims' advocacy organizations, school psychologists,20
local law enforcement, and community partners. The plan, at a minimum,21
must include the following:22
(b) Safe school reporting requirements. A policy whereby the23
principal of each public school in a school district is required to submit24
annually in a manner and by a date specified by rule of the state board,25
AND IN ACCORDANCE WITH STANDARDIZED METHODS IDENTIFIED AND26
ADOPTED THROUGH THE STAKEHOLDER PROCESS SET FORTH IN SECTION27
HB22-1376
-9- 22-1-134, a written report to the board of education of the school district1
concerning the learning environment in the school during that school2
year. The board of education of the school district shall annually compile3
the reports from every school in the district and submit the compiled4
report to the department of education in a format specified by rule of the5
state board. The compiled report must be easily accessible by the general6
public through a link on the department of education's website home7
page. The report must include, but need not be limited to, the following8
specific information for the preceding school year,
INCLUDING ANY9
DISCIPLINARY INCIDENT SPECIFIED IN SUBSECTION (2)(b)(IV)(E) OR10
(2)(b)(IV)(K)
OF THIS SECTION THAT REQUIRES ADDITIONAL REPORTING11
ON THE INCIDENT AT THE TIME OF ITS OCCURRENCE :12
(IV) The number of conduct and discipline code violations. Each13
violation must be reported only in the most serious category that is14
applicable to that violation, including but not limited to specific15
information identifying the number of, and the action taken with respect16
to, each of the following types of violations:17
(E) Being willfully disobedient or openly and persistently defiant18
or repeatedly interfering with the school's ability to provide educational19
opportunities to, and a safe environment for, other students. I
N ADDITION20
TO PROVIDING INFORMATION ON SUCH DISCIPLINARY INCIDENTS IN THE21
COMPILED REPORT REQUIRED BY THIS SUBSECTION (2)(b), THE REPORT22
FILING MUST INCLUDE SCHOOL AND DISTRICT CODE ; LOCATION OF23
INCIDENTS; DESCRIPTION OF THE BEHAVIORS THAT CONSTITUTED THE24
VIOLATIONS; INTERVENTIONS OR DE-ESCALATION STRATEGIES ATTEMPTED25
LEADING UP TO THE INCIDENT; AND DESCRIPTIVE INFORMATION OF THE26
STUDENT OR STUDENTS INVOLVED IN THE INCIDENTS , INCLUDING, BUT NOT27
HB22-1376
-10- LIMITED TO, GENDER, GRADE LEVEL, ETHNICITY, RACE, AND WHETHER THE1
STUDENT HAS FEDERAL SECTION 504 ACCOMMODATIONS OR AN2
INDIVIDUALIZED EDUCATION PLAN .3
(K) Other violations of the code of conduct and discipline that4
resulted in documentation of the conduct in a student's record. I
N5
ADDITION TO PROVIDING INFORMATION ON SUCH DISCIPLINARY INCIDENTS6
IN THE COMPILED REPORT REQUIRED BY THIS SUBSECTION (2)(b), THE7
REPORT FILING MUST INCLUDE SCHOOL AND DISTRICT CODE ; LOCATION OF8
THE INCIDENTS; DESCRIPTION OF THE BEHAVIORS THAT CONSTITUTED THE9
VIOLATIONS; INTERVENTIONS OR DE-ESCALATION STRATEGIES ATTEMPTED10
LEADING UP TO THE INCIDENTS; AND DESCRIPTIVE INFORMATION OF THE11
STUDENT OR STUDENTS INVOLVED IN THE INCIDENTS , INCLUDING, BUT NOT12
LIMITED TO, GENDER, GRADE LEVEL, ETHNICITY, RACE, AND WHETHER THE13
STUDENT HAS FEDERAL SECTION 504 ACCOMMODATIONS OR AN14
INDIVIDUALIZED EDUCATION PLAN .15
(b.5) I
N ADDITION TO THE ITEMS SPECIFIED IN SUBSECTION (2)(b)16
OF THIS SECTION, EACH SCHOOL DISTRICT BOARD OF EDUCATION OR17
INSTITUTE CHARTER SCHOOL BOARD FOR A CHARTER SC HOOL AUTHORIZED18
BY THE CHARTER SCHOOL INSTITUTE SHALL ANNUALLY REVIEW AND19
SUBMIT DATA TO THE DEPARTMENT OF EDUCATION CONCERNING THE20
NUMBER AND TYPES OF DISCIPLINARY INCIDENTS AND THE DISCIPLINARY21
ACTIONS TAKEN IN RESPONSE TO SUCH INCIDENTS . THE DEPARTMENT OF22
EDUCATION SHALL COLLECT THE DATA DESCRIBED IN SUBSECTION23
(2)(b)(IV)
OF THIS SECTION AT THE INDIVIDUAL STUDENT LEVEL AND24
REPORT DISAGGREGATED STUDENT DATA ON THE TYPE OF DISCIPLINARY25
INCIDENTS AND ACTION TAKEN . SUCH STUDENT DATA MUST BE26
DISAGGREGATED BY GENDER , GRADE LEVEL , RACE, ETHNICITY,27
HB22-1376
-11- DISABILITY, WHETHER THE STUDENT HAS FEDERAL SECTION 5041
ACCOMMODATIONS OR AN INDIVIDUALIZED EDUCATION PLAN , ENGLISH2
LANGUAGE LEARNER STATUS , FREE AND REDUCED-PRICE LUNCH STATUS,3
AND HOMELESS STATUS , TO THE MAXIMUM EXTENT POSSIBLE IN4
COMPLIANCE WITH THE FEDERAL "FAMILY EDUCATIONAL RIGHTS AND5
P
RIVACY ACT OF 1974", 20 U.S.C. SEC. 1232g AND THE "STUDENT DATA6
T
RANSPARENCY AND SECURITY ACT", CREATED IN ARTICLE 16 OF THIS7
TITLE 22. THE DEPARTMENT OF EDUCATION SHALL NOT REPORT8
INDIVIDUAL STUDENT DATA IN MEETING THE REQUIREMENTS OF THIS9
SUBSECTION (2).10
(12) Training and resources. T
HE P.O.S.T. BOARD, WITH11
RESPECT TO THE HIRING , TRAINING, AND EVALUATION OF SCHOOL12
RESOURCE OFFICERS AND PROFESSIONALIZING A SCHOOL -POLICE13
PARTNERSHIP, SHALL CREATE A MODEL POLICY FOR SELECTING SCHOOL14
RESOURCE OFFICERS PURSUANT TO THE GENERAL DUTIES AND15
RESPONSIBILITIES GRANTED TO THE P.O.S.T. BOARD PURSUANT TO16
SECTION 24-31-303. THE P.O.S.T. BOARD SHALL CONSULT WITH SCHOOL17
BOARD MEMBERS, SCHOOL RESOURCE OFFICERS, AND OTHER RELEVANT18
STAKEHOLDERS, INCLUDING STUDENT GROUPS, IN THE DEVELOPMENT OF19
THE MODEL POLICY. THE DEPARTMENT OF EDUCATION SHALL POST THE20
MODEL POLICY ON ITS WEBSITE AND DISTRIBUTE THE POLICY TO SCHOOL21
DISTRICTS, CHARTER SCHOOLS, AND INSTITUTE CHARTER SCHOOLS FOR22
CONSIDERATION AND POSSIBLE ADOPTION . THE MODEL POLICY MAY BE23
USED BY SCHOOL DISTRICTS, CHARTER SCHOOLS, INSTITUTE CHARTER24
SCHOOLS, AND POLICE DEPARTMENTS. ONCE SELECTED, SCHOOL RESOURCE25
OFFICERS MUST BE FULLY TRAINED IN STANDARD BEST PRACTICES , AS SET26
FORTH BY A NATIONAL ASSOCIATION OF SCHOOL RESOURCE OFFICERS . THE27
HB22-1376
-12- MODEL POLICY MUST, AT A MINIMUM, REQUIRE:1
(a) A
CANDIDATE TO DEMONSTRATE , WHENEVER POSSIBLE, A2
RECORD OF EXPERIENCE DEVELOPING POSITIVE RELATIONSHIPS WITH3
YOUTH, WHICH MAY INCLUDE PARTICIPATION IN YOUTH OR COMMUNITY4
POLICING PROGRAMS;5
(b) A
CANDIDATE TO VOLUNTARILY APPLY TO SERVE AS A SCHOOL6
RESOURCE OFFICER;7
(c) T
HE EMPLOYING LAW ENFORCEMENT AGENCY AND SCHOOL8
DISTRICT TO JOINTLY CREATE AN EVALUATION PROCESS TO EVALUATE9
SCHOOL RESOURCE OFFICERS; AND10
(d) T
HAT A SCHOOL BOARD OF EDUCATION OR SUPERINTENDENT11
MAY TERMINATE A CONTRACT WITH A SCHOOL RESOURCE OFFICER BASED12
ON THE FINDINGS OF AN EVALUATION.13
SECTION 6. In Colorado Revised Statutes, 22-32-147, add14
(3)(d), (5), and (6) as follows:15
22-32-147. Use of restraints on students - certain restraints16
prohibited - reports and review process - rules - definitions.17
(3) (d) N
O LATER THAN JUNE 30, 2023, AND EVERY JUNE 30 THEREAFTER,18
EACH SCHOOL DISTRICT SHALL SUBMIT THE DATA FROM THE ANNUAL19
REVIEW CONDUCTED PURSUANT TO SUBSECTION (3)(b) OF THIS SECTION TO20
THE DEPARTMENT OF EDUCATION PURSUANT TO SECTION 22-1-134.21
(5) T
HE DEPARTMENT OF EDUCATION SHALL MAKE TRAINING22
AVAILABLE ON THE "PROTECTION OF INDIVIDUALS FROM RESTRAINT AND23
S
ECLUSION ACT", SECTIONS 26-20-101 TO 26-20-111, AND ON THE24
DEPARTMENT OF EDUCATION 'S CORRESPONDING RULES FOR25
ADMINISTRATION OF SUCH ACT TO INDIVIDUALS CERTIFIED IN THE USE OF26
RESTRAINT.27
HB22-1376
-13- (6) THE DEPARTMENT OF EDUCATION HAS ENFORCEMENT1
AUTHORITY TO APPLY TO INVESTIGATIONS AND DECISIONS CONCERNING2
THE USE OF RESTRAINTS ON STUDENTS .3
SECTION 7. In Colorado Revised Statutes, 22-33-205, amend4
(4) introductory portion; and add (3.5) as follows:5
22-33-205. Services for expelled and at-risk students - grants6
- criteria - rules - funding. (3.5) (a) F
OR THE STATE FISCAL YEAR7
2022-23,
THE GENERAL ASSEMBLY SHALL APPROPRIATE AN ADDITIONAL8
TWO MILLION DOLLARS TO THE GRANT PROGRAM . UP TO TWO MILLION9
DOLLARS OF ANY INCREASE IN APPROPRIATION FOR THE PROGRAM FOR THE10
2022-23
STATE FISCAL YEAR MAY BE GRANTED TO APPLICANTS THAT11
PROVIDE SERVICES AND SUPPORT TO DEVELOP EFFECTIVE ATTENDANCE12
AND DISCIPLINE SYSTEMS; ADDRESS EDUCATIONAL INEQUITIES AND13
DISPROPORTIONATE DISCIPLINE PRACTICES ; AND OFFER STAFF TRAINING14
AND TECHNICAL ASSISTANCE TO ENSURE THE CULTURALLY RESPONSIVE15
IMPLEMENTATION OF SERVICES , SUPPORTS, AND PROGRAMMING . THE16
SERVICES AND SUPPORTS MUST INCLUDE , BUT NEED NOT BE LIMITED TO,17
EQUITY, DIVERSITY, AND INCLUSION TRAINING FOR STAFF ; POSITIVE18
BEHAVIOR INTERVENTION MODELS ; AND RESTORATIVE JUSTICE PRACTICES19
AS DESCRIBED IN SECTION 22-32-144.20
(b) T
HE DEPARTMENT OF EDUCATION IS AUTHORIZED TO RETAIN UP21
TO FIVE PERCENT OF ANY MONEY APPROPRIATED FOR THE PROGRAM FOR22
THE PURPOSE OF ANNUALLY ADMINISTERING , MAINTAINING, AND23
EVALUATING THE PROGRAM . THE DEPARTMENT OF EDUCATION IS24
AUTHORIZED AND ENCOURAGED TO USE UP TO TWO PERCENT OF THE FIVE25
PERCENT RETAINED PURSUANT TO THIS SUBSECTION (3.5)(b) FOR THE26
PURPOSE OF PARTNERING WITH ORGANIZATIONS OR AGENCIES THAT27
HB22-1376
-14- PROVIDE SERVICES AND SUPPORTS THAT ARE DESIGNED TO REDUCE THE1
NUMBER OF TRUANCY CASES REQUIRING COURT INVOLVEMENT AND THAT2
ALSO REFLECT THE BEST INTERESTS OF STUDENTS AND FAMILIES .3
(4) The department of education is authorized to retain up to one4
percent of any money appropriated for the program for the purpose of5
annually evaluating the program. The department of education is6
authorized and encouraged to retain up to an additional two percent of7
any money appropriated for the program for the purpose of partnering8
with organizations or agencies that provide services and supports that are9
designed to reduce the number of truancy cases requiring court10
involvement and that also reflect the best interests of students and11
families. Notwithstanding section 24-1-136 (11)(a)(I), on or before12
January 1, 2006, and on or before January 1 each year thereafter, the13
department of education shall report to the education committees of the14
house of representatives and the senate, or any successor committees, the15
evaluation findings on the outcomes and the effectiveness of the program16
related to school attendance, attachment, and achievement. At a17
minimum, the report must include:18
SECTION 8. In Colorado Revised Statutes, 26-20-102, amend19
(5), (6) introductory portion, and (6)(c) as follows:20
26-20-102. Definitions. As used in this article 20, unless the21
context otherwise requires:22
(5) "Physical restraint" means the use of bodily, physical force to23
involuntarily limit an individual's freedom of movement
FOR MORE THAN24
ONE MINUTE; except that "physical restraint" does not include the holding25
of a child by one adult for the purposes of calming or comforting the26
child.27
HB22-1376
-15- (6) "Restraint" means any method or device used to involuntarily1
limit freedom of movement, including bodily physical force, mechanical2
devices, or chemicals. R
ESTRAINT MUST NOT BE USED AS A FORM OF3
DISCIPLINE OR TO GAIN COMPLIANCE FROM A STUDENT . IF PROPERTY4
DAMAGE MIGHT BE INVOLVED , RESTRAINT MAY ONLY BE USED WHEN THE5
DESTRUCTION OF PROPERTY COULD POSSIBLY RESULT IN BODILY HARM TO6
THE INDIVIDUAL OR ANOTHER PERSON . "Restraint" includes chemical7
restraint, mechanical restraint, and physical restraint. "Restraint" does not8
include:9
(c) The holding of an individual for less than five minutes
ONE10
MINUTE by a staff person for protection of the individual or other persons;11
except that nothing in this subsection (6)(c) may be interpreted to permit12
the holding of a public school student in a prone position, except as13
described in section 26-20-111 (2), (3), or (4); or14
SECTION 9. In Colorado Revised Statutes, 26-20-111, amend15
(1); and add (5) and (6) as follows:16
26-20-111. Use of restraints in public schools - certain17
restraints prohibited. (1) Except as provided otherwise in this section,18
and notwithstanding any other provision of this article 20:19
(a) The use of a chemical, mechanical, or prone restraint upon a20
student of a school of a school district, charter school of a school district,21
or institute charter school is prohibited when the student is on the22
property of any agency or is participating in an off-campus,23
school-sponsored activity or event;
AND24
(b) A
SCHOOL RESOURCE OFFICER OR A LAW ENFORCEMENT25
OFFICER ACTING IN THE OFFICER 'S OFFICIAL CAPACITY ON SCHOOL26
GROUNDS, IN A SCHOOL VEHICLE , OR AT A SCHOOL ACTIVITY OR27
HB22-1376
-16- SANCTIONED EVENT SHALL NOT USE HANDCUFFS ON ANY STUDENT , UNLESS1
THERE IS A DANGER TO THEMSELVES OR OTHERS OR HANDCUFFS ARE USED2
DURING A CUSTODIAL ARREST THAT REQUIRES TRANSPORT .3
(5) I
F A SCHOOL DISTRICT, CHARTER SCHOOL OF A SC HOOL4
DISTRICT, OR INSTITUTE CHARTER SCHOOL USES A SECLUSION ROOM ,5
THERE MUST BE AT LEAST ONE WINDOW FOR MONITORING WHEN THE DOOR6
IS CLOSED. IF A WINDOW IS NOT FEASIBLE, MONITORING MUST BE POSSIBLE7
THROUGH A VIDEO CAMERA . A STUDENT PLACED IN A SECLUSION ROOM8
MUST BE CONTINUALLY MONITORED . THE ROOM MUST BE A SAFE SPACE9
FREE OF INJURIOUS ITEMS. THE SECLUSION ROOM MUST NOT BE A ROOM10
THAT IS USED BY SCHOOL STAFF FOR STORAGE , CUSTODIAL, OR OFFICE11
SPACE.12
(6) S
TATUTORY PROVISIONS CONCERNING THE USE OF RESTRAINTS13
IN SCHOOL DISTRICTS, CHARTER SCHOOLS OF A SCHOOL DISTRICT , OR14
INSTITUTE CHARTER SCHOOLS, INCLUDING REPORTING REQUIREMENTS, ARE15
SET FORTH IN SECTIONS 22-30.5-528 AND 22-32-147.16
SECTION 10. Safety clause. The general assembly hereby finds,17
determines, and declares that this act is necessary for the immediate18
preservation of the public peace, health, or safety.19
HB22-1376
-17-