Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 22-0867.01 Jane Ritter x4342
HOUSE BILL 22-1376
House Committees Senate Committees
Education
Appropriations
A BILL FOR AN ACT
C
ONCERNING SUPPORTIVE LEARNING ENVIRONMENTS FOR K-12101
STUDENTS, AND, IN CONNECTION THEREWITH, MAKING AN102
APPROPRIATION.103
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
HOUSE
3rd Reading Unamended
May 2, 2022
HOUSE
Amended 2nd Reading
April 29, 2022
HOUSE SPONSORSHIP
Herod and Young, Amabile, Bernett, Boesenecker, Cutter, Duran, Esgar, Exum, Froelich,
Hooton, Jodeh, Kipp, Lindsay, Lontine, McCluskie, McLachlan, Michaelson Jenet, Sirota,
Titone, Valdez D.
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. restrained, the number of referrals to law enforcement, and the number of
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
1376-2- MEMBERS, TEACHERS, LAW ENFORCEMENT REPRESENTATIVES , SCHOOL1
RESOURCE OFFICERS, K-12 ADVOCATES, AND OTHER RELEVANT2
STAKEHOLDERS. IN MAKING ITS DETERMINATION, THE DEPARTMENT OF3
EDUCATION SHALL ENSURE ALL STUDENT-LEVEL DATA IS KEPT4
CONFIDENTIAL AND REPORTING COMPLIES WITH THE FEDERAL "FAMILY5
EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974", 20 U.S.C. SEC. 1232g6
AND THE "STUDENT DATA TRANSPARENCY AND SECURITY ACT", CREATED7
PURSUANT TO ARTICLE 16 OF THIS TITLE 22. AS PART OF THE PROCESS, THE8
DEPARTMENT OF EDUCATION MAY CONSIDER WHETHER TO ADOPT NEW9
REPORTING CATEGORIES OR REQUIRE ADDITIONAL OR DIFFERENT DATA TO10
BE COLLECTED TO IMPROVE ACCURACY, CONSISTENCY, AND QUALITY OF11
DATA.12
22-1-135. Accessible district profile reports - school climate13
reports and surveys - reporting - definition. (1) (a) O
N OR BEFORE14
A
UGUST 31, 2024, THE DEPARTMENT OF EDUCATION SHALL
WORK TO15
DEVELOP EASILY ACCESSIBLE, USER-FRIENDLY PROFILE REPORTS FOR EACH16
SCHOOL DISTRICT AND THE CHARTER SCHOOL INSTITUTE . THE REPORTS17
MUST BE MADE EASILY ACCESSIBLE TO THE GENERAL PUBLIC THROUGH A18
LINK ON THE DEPARTMENT OF EDUCATION 'S WEBSITE; UPDATED19
ANNUALLY; AND DISAGGREGATED BY GENDER , GRADE LEVEL, ETHNICITY,20
DISABILITY, ENGLISH LANGUAGE LEARNER STATUS , FREE AND21
REDUCED-PRICE LUNCH STATUS, AND HOMELESS STATUS TO THE MAXIMUM22
EXTENT POSSIBLE IN COMPLIANCE WITH THE FEDERAL "FAMILY23
E
DUCATIONAL RIGHTS AND PRIVACY RIGHTS ACT OF 1974", 20 U.S.C.24
SEC. 1232g AND THE "STUDENT DATA TRANSPARENCY AND SECURITY25
A
CT" CREATED PURSUANT TO ARTICLE 16 OF THIS TITLE 22. TO PREPARE26
THE PROFILE REPORTS, THE DEPARTMENT OF EDUCATION SHALL COLLECT27
1376
-3- THE INDIVIDUAL STUDENT DATA DESCRIBED IN SUBSECTION (1)(b) OF THIS1
SECTION. THE DEPARTMENT OF EDUCATION SHALL MAINTAIN STRICT2
STANDARDS FOR STUDENT DATA PRIVACY, COMPLY WITH STANDARDS FOR3
REPORTING DATA FOR A STUDENT WITH AN ACCOMMODATION PURSUANT4
TO SECTION 504 OF THE FEDERAL "REHABILITATION ACT OF 1973", 295
U.S.C. SEC. 701 ET SEQ., AS AMENDED, AND ITS IMPLEMENTING6
REGULATIONS, OR A STUDENT WITH AN INDIVIDUALIZED EDUCATION PLAN,7
AND SHALL NOT PUBLICLY REPORT INDIVIDUAL STUDENT DATA AS PART OF8
THE DISTRICT PROFILE REPORTS.9
(b) T
HE PROFILE REPORTS MUST INCLUDE, BUT ARE NOT LIMITED10
TO:11
(I) C
HRONIC ABSENTEEISM RATES;12
(II) T
HE NUMBER OF IN -SCHOOL AND OUT -OF-SCHOOL13
SUSPENSIONS;14
(III) T
HE NUMBER OF EXPULSIONS;15
(IV) T
HE NUMBER OF STUDENTS HANDCUFFED ;16
(V) T
HE NUMBER OF REFERRALS TO LAW ENFORCEMENT . AS USED17
IN THIS SECTION, "REFERRALS TO LAW ENFORCEMENT " MEANS WHEN A18
SCHOOL EMPLOYEE PROACTIVELY CALLS , SUMMONS, OR REQUESTS A LAW19
ENFORCEMENT OFFICIAL, INCLUDING A SCHOOL RESOURCE OFFICER , TO:20
(A) R
ESPOND TO AN INCIDENT ON SCHOOL GROUNDS INVOLVING21
A POSSIBLE VIOLATION OF LOCAL, STATE, OR FEDERAL LAW;22
(B) E
NGAGE WITH A STUDENT OR THIRD PARTY ON SCHOOL23
GROUNDS WHO IS CREATING A POTENTIALLY DANGEROUS SITUATION ; OR24
(C) E
NFORCE A LOCAL, STATE, OR FEDERAL RULE, REGULATION, OR25
LAW ON SCHOOL GROUNDS , IN A SCHOOL VEHICLE, OR AT A SCHOOL26
ACTIVITY OR SCHOOL-SANCTIONED EVENT;27
1376
-4- (VI) THE NUMBER OF SCHOOL-RELATED ARRESTS, INCLUDING AN1
ARREST THAT OCCURS ON SCHOOL GROUNDS , IN A SCHOOL VEHICLE, OR AT2
A SCHOOL ACTIVITY OR SCHOOL-SANCTIONED EVENT;3
(VII) T
HE NUMBER OF STUDENTS PHYSICALLY RESTRAINED ; AND4
(VIII) T
HE NUMBER OF STUDENTS PLACED IN SECLUSION .5
(2) (a) T
HE DISTRICT PROFILES MUST INCLUDE DATA COLLECTED6
PURSUANT TO SECTION 22-2-112 (1)(u)(I) AND ANY OTHER EXISTING7
DISTRICT-LEVEL MEASURES THAT THE DEPARTMENT OF EDUCATION8
DETERMINES RELEVANT AND RELATED TO SCHOOL CLIMATE . IN9
DEVELOPING THE PROFILES, THE DEPARTMENT OF EDUCATION SHALL10
CONSULT WITH STAKEHOLDERS , INCLUDING MEMBERS OF THE STATE11
ADVISORY COUNCIL FOR PARENT INVOLVEMENT IN EDUCATION , CREATED12
IN SECTION 22-7-303; MEMBERS OF THE COLORADO SPECIAL EDUCATION13
ADVISORY COMMITTEE APPOINTED PURSUANT TO SECTION 22-20-10414
(2)(a);
AND STAKEHOLDERS WHO REPRESENT THE DISABILITY COMMUNITY ;15
K-12
ADVOCATES AND STUDENTS ; AND REPRESENTATIVES OF16
ASSOCIATIONS REPRESENTING SCHOOL EXECUTIVES , SCHOOL BOARDS,17
SPECIAL EDUCATION DIRECTORS, CHARTER SCHOOLS, AND TEACHERS.18
(b) T
HE DEPARTMENT OF EDUCATION MAY CONSULT WITH STATE19
AND NATIONAL ORGANIZATIONS OR OTHER STATES WITH EXPERTISE IN20
MEASURING AND IMPROVING STUDENTS ' EXPERIENCE AT SCHOOL. BY21
D
ECEMBER 31, 2023, THE DEPARTMENT OF EDUCATION MAY MAKE22
RECOMMENDATIONS TO THE STATE BOARD OF EDUCATION AND THE23
GENERAL ASSEMBLY FOR ADDITIONAL INDICATORS TO
CONSIDER FOR24
INCLUSION IN THE DISTRICT PROFILE REPORT, INCLUDING, BUT NOT LIMITED25
TO, MEASURES OF STUDENT ENGAGEMENT , STUDENTS' EMOTIONAL AND26
PHYSICAL SAFETY AND SENSE OF BELONGING , AND TEACHERS '27
1376
-5- PERSPECTIVES OF LEARNING CONDITIONS. RECOMMENDATIONS MAY ALSO1
LEVERAGE INFORMATION LEARNED FROM PILOT AND GRANT PROGRAMS2
RELATED TO IMPROVING STUDENTS ' EXPERIENCES IN SCHOOL.3
(3) B
EGINNING IN THE 2023-24 SCHOOL YEAR, THE DEPARTMENT4
OF EDUCATION SHALL ANNUALLY COLLECT INFORMATION CONCERNING5
SCHOOL CLIMATE SURVEYS ADMINISTERED TO STUDENTS OR FAMILIES , OR6
SCHOOL CLIMATE TOOLS UTILIZED BY SCHOOLS AND SCHOOL DISTRICTS ,7
INCLUDING WHICH SURVEY OR TOOL IS USED , IF ANY, AND HOW THE8
RESULTS OF SUCH SURVEYS ARE MADE PUBLICLY ACCESSIBLE , IF AT ALL.9
T
HE DEPARTMENT OF EDUCATION SHALL INCLUDE THIS INFORMATION IN10
THE DISTRICT PROFILE REPORTS.11
SECTION 2. In Colorado Revised Statutes, 22-2-112, amend12
(1)(u)(I) as follows:13
22-2-112. Commissioner - duties - report - legislative14
declaration - repeal. (1) Subject to the supervision of the state board,15
the commissioner has the following duties:16
(u) (I) To prepare an annual report on the number of pupils17
enrolled in public schools in the state based on the pupil enrollments18
reported to the state board pursuant to section 22-54-112 (2)(a) for the19
applicable school year, and the number of
SCHOOL COUNSELORS, SCHOOL20
SOCIAL WORKERS, SCHOOL NURSES, AND school psychologists in the state,21
who are
licensed by the department pursuant to part 2 of article 60.5 of22
this title 22, and employed by a school district, board of cooperative23
services, or charter school, OR ENTITY THAT CONTRACTS WITH ANY OF THE24
ABOVE who are reported as full-time equivalent OR PART-TIME employees.25
The report must state the number of pupils and licensed and employed26
school psychologists,
SCHOOL COUNSELORS, SCHOOL SOCIAL WORKERS,27
1376
-6- AND SCHOOL NURSES in total for the state and disaggregated by school1
district, board of cooperative services, and the state charter school2
institute.3
SECTION 3. In Colorado Revised Statutes, 22-2-503, amend (1)4
introductory portion, (1)(b), (1)(c), (2)(e), and (2)(f); and add (1)(d) and5
(2)(g) as follows:6
22-2-503. Teaching and learning conditions survey. (1) Subject7
to available appropriations, the department shall administer a biennial8
teaching and learning conditions survey, referred to in this section as the9
"survey", to all preschool teachers, elementary teachers, secondary10
teachers, and education support professionals in public schools of the11
state. The survey shall MUST be designed to assess, at a minimum:12
(b) The correlation, if any, between teaching and learning13
conditions and teacher retention; and14
(c) The relationship, if any, between teaching and learning15
conditions and school administration;
AND16
(d) T
HE RELATIONSHIP, IF ANY, BETWEEN TEACHING AND17
LEARNING CONDITIONS AND MEASURES OF SCHOOL CLIMATE , AS18
EXPERIENCED BY STUDENTS AND TEACHERS .19
(2) The survey results may be used by schools, school districts, the20
department, state policymakers, and researchers as a resource for:21
(e) State education reform initiatives concerning achievement22
gaps, teacher gaps, dropout rates, and graduation rates; and
23
(f) Other analyses to inform school improvement efforts;
AND24
(g) I
MPROVING WAYS TO MEASURE AND IMPROVE SCHOOL CLIMATE25
AND TEACHING AND LEARNING ENVIRONMENTS .26
SECTION 4. In Colorado Revised Statutes, 22-30.5-528, amend27
1376
-7- (2), (3)(a), and (3)(b) introductory portion; and add (3)(d), (3)(e), and (5)1
as follows:2
22-30.5-528. Institute charter schools - use of restraints on3
students - certain restraints prohibited - reports and review process4
- complaints and investigations - rules - definitions. (2) Pursuant to5
section 26-20-111, the use of a chemical, mechanical, or prone restraint6
upon a student in an institute charter school is prohibited THE7
"P
ROTECTION OF INDIVIDUALS FROM RESTRAINT AND SECLUSION ACT",8
SECTIONS 26-20-101 TO 26-20-111, SETS FORTH THE KEY DEFINITIONS AND9
PROHIBITIONS ON THE USE OF RESTRAINTS , INCLUDING THE USE OF10
RESTRAINTS ON STUDENTS, DESCRIBED IN SECTION 26-20-111.11
(3) (a) On and after August 9, 2017, each school district
12
INSTITUTE CHARTER SCHOOL shall require any school employee or13
volunteer who uses any type of restraint on a student of the
INSTITUTE14
CHARTER school district
to submit a written report of the incident to the15
INSTITUTE CHARTER SCHOOL'S administration of the school not later than16
one school day after the incident occurred.17
(b) On and after August 9, 2017, each
INSTITUTE CHARTER school18
district
shall establish a review process, conduct the review process at19
least annually, and document the results of each review process in20
writing. Each annual review process must include a review of each21
incident in which restraint was used on a student during the preceding22
year. The purpose of each annual review process is to ensure that the23
INSTITUTE CHARTER school district
is properly administering restraint,24
identifying additional training needs, minimizing and preventing the use25
of restraint by increasing the use of positive behavior interventions, and26
reducing the incidence of injury to students and staff. Each annual review27
1376
-8- process must include but is not limited to:1
(d) T
HE DEPARTMENT OF EDUCATION HAS ENFORCEMENT2AUTHORITY OVER THE RESTRAINT INVESTIGATION DECISIONS. THIS3
ENFORCEMENT AUTHORITY MUST FOLLOW THE SAME PROCEDURES4
OUTLINED FOR STATE COMPLAINTS UNDER THE FEDERAL "INDIVIDUALS5
WITH DISABILITIES EDUCATION ACT", 20 U.S.C. SEC. 1400 ET SEQ., AS6
AMENDED, AND THE DEPARTMENT 'S STATE-LEVEL COMPLAINT7
PROCEDURES.8
(e) N
O LATER THAN JUNE 30, 2023, AND EVERY JUNE 309
THEREAFTER, EACH INSTITUTE CHARTER SCHOOL SHALL SUBMIT THE DATA10
FROM THE ANNUAL REVIEW CONDUCTED PURSUANT TO SUBSECTION (3)(b)11
OF THIS SECTION TO THE DEPARTMENT OF EDUCATION PURSUANT TO12
SECTION 22-1-134.13
(5) T
HE DEPARTMENT OF EDUCATION SHALL CREATE AND14
IMPLEMENT RIGOROUS STANDARDS FOR TRAINING SCHOOL STAFF AND15
ADMINISTRATORS ON THE "PROTECTION OF INDIVIDUALS FROM RESTRAINT16
AND SECLUSION ACT", SECTIONS 26-20-101 TO 26-20-111.17
SECTION 5. In Colorado Revised Statutes, 22-32-109.1, amend18
(2) introductory portion, (2)(b) introductory portion, (2)(b)(IV)(E), and19
(2)(b)(IV)(K); and add
(1)(g.3) and (2)(b.5) as follows:20
22-32-109.1. Board of education - specific powers and duties21
- safe school plan - conduct and discipline code - safe school reporting22
requirements - school response framework - school resource officers23
- definitions. (1) Definitions. As used in this section, unless the context24
otherwise requires:25
(g.3) "S
CHOOL" MEANS A PUBLIC SCHOOL OF A SCHOOL DISTRICT,26
A CHARTER SCHOOL, OR AN INSTITUTE CHARTER SCHOOL.27
1376
-9- (2) Safe school plan. In order To provide a learning environment1
that is safe, conducive to the learning process, and free from unnecessary2
disruption, each school district board of education or institute charter3
school board for a charter school authorized by the charter school institute4
shall, following consultation with the school district accountability5
committee and school accountability committees, parents, teachers,6
administrators, students, student councils where available, and, where7
appropriate, the community at large, adopt and implement a safe school8
plan, or review and revise, as necessary in response to any relevant data9
collected by the school district, any existing plans or policies already in10
effect. In addition to the aforementioned parties, each school district11
board of education, in adopting and implementing its safe school plan,12
may consult with victims' advocacy organizations, school psychologists,13
local law enforcement, and community partners. The plan, at a minimum,14
must include the following:15
(b) Safe school reporting requirements. A policy whereby the16
principal of each public school in a school district is required to submit17
annually in a manner and by a date specified by rule of the state board,18
AND IN ACCORDANCE WITH STANDARDIZED METHODS
AND ANY REVISED19
REPORTING CATEGORIES IDENTIFIED AND ADOPTED THROUGH THE20
STAKEHOLDER PROCESS SET FORTH IN SECTION 22-1-134, a written report21
to the board of education of the school district concerning the learning22
environment in the school during that school year. The board of education23
of the school district shall annually compile the reports from every school24
in the district and submit the compiled report to the department of25
education in a format specified by rule of the state board. The compiled26
report must be easily accessible by the general public through a link on27
1376
-10- the department of education's website home page. The report must1
include, but need not be limited to, the following specific information for2
the preceding school year,
INCLUDING ANY DISCIPLINARY INCIDENT3
SPECIFIED IN SUBSECTION (2)(b)(IV)(E) OR (2)(b)(IV)(K) OF THIS SECTION4
THAT REQUIRES ADDITIONAL REPORTING
ON THE INCIDENT:5
(IV) The number of conduct and discipline code violations. Each6
violation must be reported only in the most serious category that is7
applicable to that violation, including but not limited to specific8
information identifying the number of, and the action taken with respect9
to, each of the following types of violations:10
(E) Being willfully disobedient or openly and persistently defiant11
or repeatedly interfering with the school's ability to provide educational12
opportunities to, and a safe environment for, other students. I
N ADDITION13
TO PROVIDING INFORMATION ON SUCH DISCIPLINARY INCIDENTS IN THE14
COMPILED REPORT REQUIRED BY THIS SUBSECTION (2)(b), THE REPORT15
FILING MUST INCLUDE
ANY ADDITIONAL INFORMATION DEEMED16
NECESSARY BY THE DEPARTMENT OF EDUCATION PURSUANT TO THE17
PROCESS REQUIRED PURSUANT TO SECTION 22-1-134. INFORMATION18
INCLUDED IN REPORTING FOR INCIDENTS CURRENTLY CATEGORIZED AS19
DISOBEDIENCE OR DEFIANCE MAY INCLUDE, BUT IS NOT LIMITED TO20
SCHOOL AND DISTRICT CODE; LOCATION OF INCIDENTS; DESCRIPTION OF21
THE BEHAVIORS THAT CONSTITUTED THE VIOLATIONS ; INTERVENTIONS OR22
DE-ESCALATION STRATEGIES ATTEMPTED LEADING UP TO THE INCIDENT ;23
AND DESCRIPTIVE INFORMATION OF THE STUDENT OR STUDENTS INVOLVED24
IN THE INCIDENTS, INCLUDING, BUT NOT LIMITED TO, GENDER, GRADE25
LEVEL, ETHNICITY, RACE, AND WHETHER THE STUDENT HAS FEDERAL26
SECTION 504 ACCOMMODATIONS OR AN INDIVIDUALIZED EDUCATION PLAN .27
1376
-11- INFORMATION ON THE REPORT MUST BE SUBMITTED IN ACCORDANCE WITH1
THE DEPARTMENT OF EDUCATION'S DATA PRIVACY AND REPORTING2
REQUIREMENTS.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
ANY ADDITIONAL INFORMATION DEEMED8
NECESSARY BY THE DEPARTMENT OF EDUCATION PURSUANT TO THE9
PROCESS REQUIRED PURSUANT TO SECTION 22-1-134. INFORMATION10
INCLUDED IN REPORTING FOR INCIDENTS CURRENTLY CATEGORIZED AS11
DISOBEDIENCE OR DEFIANCE MAY INCLUDE, BUT IS NOT LIMITED TO12
SCHOOL AND DISTRICT CODE; LOCATION OF THE INCIDENTS; DESCRIPTION13
OF THE BEHAVIORS THAT CONSTITUTED THE VIOLATIONS ; INTERVENTIONS14
OR DE-ESCALATION STRATEGIES ATTEMPTED LEADING UP TO THE15
INCIDENTS; AND DESCRIPTIVE INFORMATION OF THE STUDENT OR16
STUDENTS INVOLVED IN THE INCIDENTS, INCLUDING, BUT NOT LIMITED TO,17
GENDER, GRADE LEVEL, ETHNICITY, RACE, AND WHETHER THE STUDENT18
HAS FEDERAL SECTION 504 ACCOMMODATIONS OR AN INDIVIDUALIZED19
EDUCATION PLAN. INFORMATION ON THE REPORT MUST BE SUBMITTED IN20
ACCORDANCE WITH THE DEPARTMENT OF EDUCATION'S DATA PRIVACY21
AND REPORTING REQUIREMENTS .22
(b.5) I
N ADDITION TO THE ITEMS SPECIFIED IN SUBSECTION (2)(b)23
OF THIS SECTION, EACH SCHOOL DISTRICT BOARD OF EDUCATION OR24
INSTITUTE CHARTER SCHOOL BOARD FOR A CHARTER SC HOOL AUTHORIZED25
BY THE CHARTER SCHOOL INSTITUTE SHALL ANNUALLY REVIEW AND26
SUBMIT DATA TO THE DEPARTMENT OF EDUCATION CONCERNING THE27
1376
-12- NUMBER AND TYPES OF DISCIPLINARY INCIDENTS AND THE DISCIPLINARY1
ACTIONS TAKEN IN RESPONSE TO SUCH INCIDENTS . THE DEPARTMENT OF2
EDUCATION SHALL COLLECT THE DATA DESCRIBED IN SUBSECTION3
(2)(b)(IV)
OF THIS SECTION AT THE INDIVIDUAL STUDENT LEVEL AND4
REPORT DISAGGREGATED STUDENT DATA ON THE TYPE OF DISCIPLINARY5
INCIDENTS AND ACTION TAKEN . SUCH STUDENT DATA MUST BE6
DISAGGREGATED BY GENDER , GRADE LEVEL , RACE, ETHNICITY,7
DISABILITY, WHETHER THE STUDENT HAS FEDERAL SECTION 5048
ACCOMMODATIONS OR AN INDIVIDUALIZED EDUCATION PLAN , ENGLISH9
LANGUAGE LEARNER STATUS , FREE AND REDUCED-PRICE LUNCH STATUS,10
AND HOMELESS STATUS , TO THE MAXIMUM EXTENT POSSIBLE IN11
COMPLIANCE WITH THE FEDERAL "FAMILY EDUCATIONAL RIGHTS AND12
P
RIVACY ACT OF 1974", 20 U.S.C. SEC. 1232g AND THE "STUDENT DATA13
T
RANSPARENCY AND SECURITY ACT", CREATED IN ARTICLE 16 OF THIS14
TITLE 22. THE DEPARTMENT OF EDUCATION SHALL NOT REPORT15
INDIVIDUAL STUDENT DATA IN MEETING THE REQUIREMENTS OF THIS16
SUBSECTION
(2) AND SHALL ENSURE COMPLIANCE WITH STANDARDS FOR17
REPORTING DATA FOR A STUDENT WITH A FEDERAL SECTION 50418
ACCOMMODATION OR AN INDIVIDUALIZED EDUCATION PLAN .19
20
SECTION 6. In Colorado Revised Statutes, 22-32-147, add21
(3)(d), (5), and (6) as follows:22
22-32-147. Use of restraints on students - certain restraints23
prohibited - reports and review process - rules - definitions.24
(3) (d) N
O LATER THAN JUNE 30, 2023, AND EVERY JUNE 30 THEREAFTER,25
EACH SCHOOL DISTRICT SHALL SUBMIT THE DATA FROM THE ANNUAL26
REVIEW CONDUCTED PURSUANT TO SUBSECTION (3)(b) OF THIS SECTION TO27
1376
-13- THE DEPARTMENT OF EDUCATION PURSUANT TO SECTION 22-1-134.1
(5) T
HE DEPARTMENT OF EDUCATION SHALL MAKE TRAINING2
AVAILABLE ON THE "PROTECTION OF INDIVIDUALS FROM RESTRAINT AND3
S
ECLUSION ACT", SECTIONS 26-20-101 TO 26-20-111, AND ON THE4
DEPARTMENT OF EDUCATION 'S CORRESPONDING RULES FOR5
ADMINISTRATION OF SUCH ACT TO INDIVIDUALS CERTIFIED IN THE USE OF6
RESTRAINT.7
(6) T
HE DEPARTMENT OF EDUCATION HAS ENFORCEMENT8
AUTHORITY OVER THE RESTRAINT INVESTIGATION DECISIONS. THIS9
ENFORCEMENT AUTHORITY MUST FOLLOW THE SAME PROCEDURES10
OUTLINED FOR STATE COMPLAINTS UNDER THE FEDERAL "INDIVIDUALS11
WITH DISABILITIES EDUCATION ACT", 20 U.S.C. SEC. 1400 ET SEQ., AS12
AMENDED, AND THE DEPARTMENT 'S STATE-LEVEL COMPLAINT13
PROCEDURES.14
SECTION 7. In Colorado Revised Statutes, 22-33-205, amend15
(4) introductory portion; and add (3.5) as follows:16
22-33-205. Services for expelled and at-risk students - grants17
- criteria - rules - funding. (3.5) (a) F
OR THE STATE FISCAL YEAR18
2022-23,
THE GENERAL ASSEMBLY SHALL APPROPRIATE AN ADDITIONAL19
FIVE HUNDRED THOUSAND DOLLARS TO THE GRANT PROGRAM . UP TO FIVE20
HUNDRED THOUSAND DOLLARS OF ANY INCREASE IN APPROPRIATION FOR21
THE PROGRAM FOR THE 2022-23 STATE FISCAL YEAR MAY BE GRANTED TO22
APPLICANTS THAT PROVIDE SERVICES AND SUPPORT TO DEVELOP23
EFFECTIVE ATTENDANCE AND DISCIPLINE SYSTEMS ; ADDRESS24
EDUCATIONAL INEQUITIES AND DISPROPORTIONATE DISCIPLINE PRACTICES ;25
AND OFFER STAFF TRAINING AND TECHNICAL ASSISTANCE TO ENSURE THE26
CULTURALLY RESPONSIVE IMPLEMENTATION OF SERVICES , SUPPORTS, AND27
1376
-14- PROGRAMMING. THE SERVICES AND SUPPORTS MUST INCLUDE , BUT NEED1
NOT BE LIMITED TO, EQUITY, DIVERSITY, AND INCLUSION TRAINING FOR2
STAFF; POSITIVE BEHAVIOR INTERVENTION MODELS ; AND RESTORATIVE3
JUSTICE PRACTICES AS DESCRIBED IN SECTION 22-32-144.4
(b) T
HE DEPARTMENT OF EDUCATION IS AUTHORIZED TO RETAIN UP5
TO FIVE PERCENT OF ANY MONEY APPROPRIATED FOR THE PROGRAM FOR6
THE PURPOSE OF ANNUALLY ADMINISTERING , MAINTAINING, AND7
EVALUATING THE PROGRAM . THE DEPARTMENT OF EDUCATION IS8
AUTHORIZED AND ENCOURAGED TO USE UP TO TWO PERCENT OF THE FIVE9
PERCENT RETAINED PURSUANT TO THIS SUBSECTION (3.5)(b) FOR THE10
PURPOSE OF PARTNERING WITH ORGANIZATIONS OR AGENCIES THAT11
PROVIDE SERVICES AND SUPPORTS THAT ARE DESIGNED TO REDUCE THE12
NUMBER OF TRUANCY CASES REQUIRING COURT INVOLVEMENT AND THAT13
ALSO REFLECT THE BEST INTERESTS OF STUDENTS AND FAMILIES .14
(4) The department of education is authorized to retain up to one
15
percent of any money appropriated for the program for the purpose of16
annually evaluating the program. The department of education is17
authorized and encouraged to retain up to an additional two percent of18
any money appropriated for the program for the purpose of partnering19
with organizations or agencies that provide services and supports that are20
designed to reduce the number of truancy cases requiring court21
involvement and that also reflect the best interests of students and22
families. Notwithstanding section 24-1-136 (11)(a)(I), on or before23
January 1, 2006, and on or before January 1 each year thereafter, the24
department of education shall report to the education committees of the25
house of representatives and the senate, or any successor committees, the26
evaluation findings on the outcomes and the effectiveness of the program27
1376
-15- related to school attendance, attachment, and achievement. At a1
minimum, the report must include:2
SECTION 8. In Colorado Revised Statutes, 24-31-312, add (7)3
as follows:4
24-31-312. School resource officer training. (7) THE P.O.S.T.5
BOARD, WITH RESPECT TO THE HIRING, TRAINING, AND EVALUATION OF6
SCHOOL RESOURCE OFFICERS AND PROFESSIONALIZING A SCHOOL-POLICE7
PARTNERSHIP, SHALL CREATE A MODEL POLICY FOR SELECTING SCHOOL8
RESOURCE OFFICERS PURSUANT TO THE GENERAL DUTIES AND9
RESPONSIBILITIES GRANTED TO THE P.O.S.T. BOARD PURSUANT TO10
SECTION 24-31-303. THE P.O.S.T. BOARD SHALL CONSULT WITH SCHOOL11
BOARD MEMBERS, SCHOOL RESOURCE OFFICERS, K-12 ADVOCATES, AND12
OTHER RELEVANT STAKEHOLDERS , INCLUDING STUDENT GROUPS, IN THE13
DEVELOPMENT OF THE MODEL POLICY. THE DEPARTMENT OF EDUCATION14
SHALL POST THE MODEL POLICY ON ITS WEBSITE AND DISTRIBUTE THE15
POLICY TO SCHOOL DISTRICTS, CHARTER SCHOOLS, AND INSTITUTE16
CHARTER SCHOOLS FOR CONSIDERATION AND POSSIBLE ADOPTION . THE17
MODEL POLICY MAY BE USED BY SCHOOL DISTRICTS, CHARTER SCHOOLS,18
INSTITUTE CHARTER SCHOOLS, AND POLICE DEPARTMENTS. THE MODEL19
POLICY MUST, AT A MINIMUM, REQUIRE THAT:20
(a) ONCE SELECTED, SCHOOL RESOURCE OFFICERS MUST BE FULLY21
TRAINED IN STANDARD BEST PRACTICES, AS SET FORTH BY A NATIONAL22
ASSOCIATION OF SCHOOL RESOURCE OFFICERS ;23
(b) A CANDIDATE DEMONSTRATE, WHENEVER POSSIBLE, A RECORD24
OF EXPERIENCE DEVELOPING POSITIVE RELATIONSHIPS WITH YOUTH ,25
WHICH MAY INCLUDE PARTICIPATION IN YOUTH OR COMMUNITY POLICING26
PROGRAMS;27
1376
-16- (c) A CANDIDATE VOLUNTARILY APPLY TO SERVE AS A SCHOOL1
RESOURCE OFFICER; AND2
(d) THE EMPLOYING LAW ENFORCEMENT AGENCY AND SCHOOL3
DISTRICT JOINTLY CREATE AN EVALUATION PROCESS TO EVALUATE4
SCHOOL RESOURCE OFFICERS.5
SECTION 9. In Colorado Revised Statutes, 26-20-102, amend6
(5), (6) introductory portion, and (6)(c) as follows:7
26-20-102. Definitions. As used in this article 20, unless the8
context otherwise requires:9
(5) "Physical restraint" means the use of bodily, physical force to10
involuntarily limit an individual's freedom of movement
FOR MORE THAN11
ONE MINUTE; except that "physical restraint" does not include the holding12
of a child by one adult for the purposes of calming or comforting the13
child.14
(6) "Restraint" means any method or device used to involuntarily15
limit freedom of movement, including bodily physical force, mechanical16
devices, or chemicals. R
ESTRAINT MUST NOT BE USED AS A FORM OF17
DISCIPLINE OR TO GAIN COMPLIANCE FROM A STUDENT . IF PROPERTY18
DAMAGE MIGHT BE INVOLVED , RESTRAINT MAY ONLY BE USED WHEN THE19
DESTRUCTION OF PROPERTY COULD POSSIBLY RESULT IN BODILY HARM TO20
THE INDIVIDUAL OR ANOTHER PERSON . "Restraint" includes chemical21
restraint, mechanical restraint, and physical restraint. "Restraint" does not22
include:23
(c) The holding of an individual for less than five minutes
ONE24
MINUTE by a staff person for protection of the individual or other persons;25
except that nothing in this subsection (6)(c) may be interpreted to permit26
the holding of a public school student in a prone position, except as27
1376
-17- described in section 26-20-111 (2), (3), or (4); or1
SECTION 10. In Colorado Revised Statutes, 26-20-111, amend2
(1); and add (5), (6), (7), (8), and (9) as follows:3
26-20-111. Use of restraints in public schools - certain4
restraints prohibited. (1) Except as provided otherwise in this section,5
and notwithstanding any other provision of this article 20:6
(a) The use of a chemical, mechanical, or prone restraint upon a7
student of a school of a school district, charter school of a school district,8
or institute charter school is prohibited when the student is on the9
property of any agency or is participating in an off-campus,10
school-sponsored activity or event;
AND11
(b) A
SCHOOL RESOURCE OFFICER OR A LAW ENFORCEMENT12
OFFICER ACTING IN THE OFFICER 'S OFFICIAL CAPACITY ON SCHOOL13
GROUNDS, IN A SCHOOL VEHICLE , OR AT A SCHOOL ACTIVITY OR14
SANCTIONED EVENT SHALL NOT USE HANDCUFFS ON ANY STUDENT , UNLESS15
THERE IS A DANGER TO THEMSELVES OR OTHERS OR HANDCUFFS ARE USED16
DURING A CUSTODIAL ARREST THAT REQUIRES TRANSPORT .17
(5) I
F A SCHOOL DISTRICT, CHARTER SCHOOL OF A SC HOOL18
DISTRICT, OR INSTITUTE CHARTER SCHOOL USES A SECLUSION ROOM ,19
THERE MUST BE AT LEAST ONE WINDOW FOR MONITORING WHEN THE DOOR20
IS CLOSED. IF A WINDOW IS NOT FEASIBLE, MONITORING MUST BE POSSIBLE21
THROUGH A VIDEO CAMERA . A STUDENT PLACED IN A SECLUSION ROOM22
MUST BE CONTINUALLY MONITORED . THE ROOM MUST BE A SAFE SPACE23
FREE OF INJURIOUS ITEMS. THE SECLUSION ROOM MUST NOT BE A ROOM24
THAT IS USED BY SCHOOL STAFF FOR STORAGE , CUSTODIAL, OR OFFICE25
SPACE.26
(6) NOTHING IN THIS SECTION PROHIBITS SCHOOL PERSONNEL FROM27
1376
-18- TAKING ANY LAWFUL ACTIONS NECESSARY, INCLUDING SECLUSION OR1
RESTRAINT, WHEN AND WHERE NECESSARY TO KEEP STUDENTS AND STAFF2
SAFE FROM HARM DURING AN EMERGENCY, AS DEFINED BY RULE OF THE3
STATE BOARD. SCHOOL PERSONNEL SHALL COMPLY WITH ALL4
DOCUMENTATION AND REPORTING REQUIREMENTS, EVEN IN THE CASE OF5
AN EMERGENCY.6
(7) IF A PHYSICAL RESTRAINT IS BETWEEN ONE AND FIVE MINUTES ,7
THE NOTIFICATION REQUIREMENT MUST BE A WRITTEN NOTICE TO THE8
PARENT ON THE DAY OF THE RESTRAINT. THE NOTICE MUST INCLUDE THE9
DATE, THE STUDENT'S NAME, AND THE NUMBER OF RESTRAINTS THAT DAY10
THAT LASTED BETWEEN ONE AND FIVE MINUTES .11
(8) ON OR BEFORE JULY 1, 2023, THE DEPARTMENT OF EDUCATION12
SHALL CONVENE A STAKEHOLDER GROUP TO DRAFT RULES FOR REPORTING13
RESTRAINTS FROM ONE TO FIVE MINUTES AND DATA TO BE COLLECTED BY14
THE DEPARTMENT OF EDUCATION. THE DEPARTMENT OF EDUCATION SHALL15
PRESENT THESE RULES TO THE STATE BOARD FOR CONSIDERATION ON OR16
BEFORE DECEMBER 31, 2023. THE STAKEHOLDER GROUP MUST INCLUDE,17
BUT IS NOT LIMITED TO, REPRESENTATIVES FROM THE GENERAL18
EDUCATION ADMINISTRATION , A STATEWIDE ORGANIZATION19
REPRESENTING SPECIAL EDUCATION DIRECTORS, THE DEPARTMENT OF20
EDUCATION, AND A DISABILITY RIGHTS ORGANIZATION.21
(9) STATUTORY PROVISIONS CONCERNING THE USE OF RESTRAINTS22
IN SCHOOL DISTRICTS, CHARTER SCHOOLS OF A SCHOOL DISTRICT , OR23
INSTITUTE CHARTER SCHOOLS, INCLUDING REPORTING REQUIREMENTS, ARE24
SET FORTH IN SECTIONS 22-30.5-528 AND 22-32-147.25
SECTION 11. Appropriation. (1) For the 2022-23 state fiscal26
year, $1,016,451 is appropriated to the department of education. This27
1376
-19- appropriation is from the general fund. To implement this act, the1
department may use this appropriation as follows:2
(a) $263,900 for information technology services;3
(b) $500,000 for the expelled and at-risk student services grant4
program; and5
(c) $252,551 for the office of dropout prevention and student6
reengagement, which amount is based on an assumption that the7
department will require an additional 2.4 FTE.8
(2) For the 2022-23 state fiscal year, $30,000 is appropriated to9
the department of law for use by the peace officers training board. This10
appropriation is from the P.O.S.T board cash fund created in section11
24-31-303 (2)(b), C.R.S. To implement this act, the board may use this12
appropriation for peace officers standards and training board support.13
SECTION 12. Safety clause. The general assembly hereby finds,14
determines, and declares that this act is necessary for the immediate15
preservation of the public peace, health, or safety.16
1376
-20-