Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 22-0867.01 Jane Ritter x4342
HOUSE BILL 22-1376
House Committees Senate Committees
Education Judiciary
Appropriations Finance
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
SENATE
Amended 2nd Reading
May 10, 2022
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 "COLORADO PRIVACY5
A
CT", ESTABLISHED PURSUANT TO PART 13 OF ARTICLE 1 OF TITLE 6, THE
6
FEDERAL "FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974", 207
U.S.C. SEC. 1232g, AND THE "STUDENT DATA TRANSPARENCY AND8
SECURITY ACT", CREATED PURSUANT TO ARTICLE 16 OF THIS TITLE 22,9
WHICH MUST INCLUDE THE APPLICATION OF DATA SUPPRESSION POLICIES10
TO AVOID THE RE-IDENTIFICATION OF ANY INDIVIDUAL IN ANY PUBLIC11
REPORTS. AS PART OF THE PROCESS, THE DEPARTMENT OF EDUCATION MAY12
CONSIDER WHETHER TO ADOPT NEW REPORTING CATEGORIES OR REQUIRE13
ADDITIONAL OR DIFFERENT DATA TO BE COLLECTED TO IMPROVE14
ACCURACY, CONSISTENCY, AND QUALITY OF DATA.15
22-1-135. Accessible district profile reports - school climate16
reports and surveys - reporting - definition. (1) (a) O
N OR BEFORE17
A
UGUST 31, 2024, THE DEPARTMENT OF EDUCATION SHALL
WORK TO18
DEVELOP EASILY ACCESSIBLE, USER-FRIENDLY PROFILE REPORTS FOR EACH19
SCHOOL DISTRICT AND THE CHARTER SCHOOL INSTITUTE . THE REPORTS20
MUST BE MADE EASILY ACCESSIBLE TO THE GENERAL PUBLIC THROUGH A21
LINK ON THE DEPARTMENT OF EDUCATION 'S WEBSITE; UPDATED22
ANNUALLY; AND DISAGGREGATED BY GENDER , GRADE LEVEL, ETHNICITY,23
DISABILITY, ENGLISH LANGUAGE LEARNER STATUS , FREE AND24
REDUCED-PRICE LUNCH STATUS, AND HOMELESS STATUS TO THE MAXIMUM25
EXTENT POSSIBLE IN COMPLIANCE WITH THE "COLORADO PRIVACY ACT",26
ESTABLISHED PURSUANT TO PART 13 OF ARTICLE 1 OF TITLE 6, THE27
1376
-3- FEDERAL "FAMILY EDUCATIONAL RIGHTS AND PRIVACY RIGHTS ACT OF1
1974",
20 U.S.C. SEC. 1232g,
AND THE "STUDENT DATA TRANSPARENCY2
AND SECURITY ACT" CREATED PURSUANT TO ARTICLE 16 OF THIS TITLE 22.3
T
O PREPARE THE PROFILE REPORTS , THE DEPARTMENT OF EDUCATION4
SHALL COLLECT THE INDIVIDUAL STUDENT DATA DESCRIBED IN5
SUBSECTION (1)(b) OF THIS SECTION. THE DEPARTMENT OF EDUCATION6
SHALL
MAINTAIN STRICT STANDARDS FOR STUDENT DATA PRIVACY ,7
COMPLY WITH STANDARDS FOR REPORTING DATA FOR A STUDENT WITH AN8
ACCOMMODATION PURSUANT TO SECTION 504 OF THE FEDERAL9
"REHABILITATION ACT OF 1973", 29 U.S.C. SEC. 701 ET SEQ., AS10
AMENDED, AND ITS IMPLEMENTING REGULATIONS, OR A STUDENT WITH AN11
INDIVIDUALIZED EDUCATION PLAN, AND SHALL NOT PUBLICLY REPORT12
INDIVIDUAL STUDENT DATA FOR ANY PURPOSE, INCLUDING AS PART OF THE13
DISTRICT PROFILE REPORTS.14
(b) T
HE PROFILE REPORTS MUST INCLUDE, BUT ARE NOT LIMITED15
TO:16
(I) C
HRONIC ABSENTEEISM RATES;17
(II) T
HE NUMBER OF IN -SCHOOL AND OUT -OF-SCHOOL18
SUSPENSIONS;19
(III) T
HE NUMBER OF EXPULSIONS;20
(IV) T
HE NUMBER OF STUDENTS HANDCUFFED ;21
(V) T
HE NUMBER OF REFERRALS TO LAW ENFORCEMENT . AS USED22
IN THIS SECTION, "REFERRALS TO LAW ENFORCEMENT " MEANS WHEN A23
SCHOOL EMPLOYEE PROACTIVELY CALLS , SUMMONS, OR REQUESTS A LAW24
ENFORCEMENT OFFICIAL, INCLUDING A SCHOOL RESOURCE OFFICER , TO:25
(A) R
ESPOND TO AN INCIDENT ON SCHOOL GROUNDS INVOLVING26
A POSSIBLE VIOLATION OF LOCAL, STATE, OR FEDERAL LAW;27
1376
-4- (B) ENGAGE WITH A STUDENT OR THIRD PARTY ON SCHOOL1
GROUNDS WHO IS CREATING A POTENTIALLY DANGEROUS SITUATION ; OR2
(C) E
NFORCE A LOCAL, STATE, OR FEDERAL RULE, REGULATION, OR3
LAW ON SCHOOL GROUNDS , IN A SCHOOL VEHICLE, OR AT A SCHOOL4
ACTIVITY OR SCHOOL-SANCTIONED EVENT;5
(VI) T
HE NUMBER OF SCHOOL-RELATED ARRESTS, INCLUDING AN6
ARREST THAT OCCURS ON SCHOOL GROUNDS , IN A SCHOOL VEHICLE, OR AT7
A SCHOOL ACTIVITY OR SCHOOL-SANCTIONED EVENT;8
(VII) T
HE NUMBER OF STUDENTS PHYSICALLY RESTRAINED ; AND9
(VIII) T
HE NUMBER OF STUDENTS PLACED IN SECLUSION .10
(2) (a) T
HE DISTRICT PROFILES MUST INCLUDE DATA COLLECTED11
PURSUANT TO SECTION 22-2-112 (1)(u)(I) AND ANY OTHER EXISTING12
DISTRICT-LEVEL MEASURES THAT THE DEPARTMENT OF EDUCATION13
DETERMINES RELEVANT AND RELATED TO SCHOOL CLIMATE . IN14
DEVELOPING THE PROFILES, THE DEPARTMENT OF EDUCATION SHALL15
CONSULT WITH STAKEHOLDERS , INCLUDING MEMBERS OF THE STATE16
ADVISORY COUNCIL FOR PARENT INVOLVEMENT IN EDUCATION , CREATED17
IN SECTION 22-7-303; MEMBERS OF THE COLORADO SPECIAL EDUCATION18
ADVISORY COMMITTEE APPOINTED PURSUANT TO SECTION 22-20-10419
(2)(a);
AND STAKEHOLDERS WHO REPRESENT THE DISABILITY COMMUNITY ;20
K-12
ADVOCATES AND STUDENTS ; AND REPRESENTATIVES OF21
ASSOCIATIONS REPRESENTING SCHOOL EXECUTIVES , SCHOOL BOARDS,22
SPECIAL EDUCATION DIRECTORS, CHARTER SCHOOLS, AND TEACHERS.23
(b) T
HE DEPARTMENT OF EDUCATION MAY CONSULT WITH STATE24
AND NATIONAL ORGANIZATIONS OR OTHER STATES WITH EXPERTISE IN25
MEASURING AND IMPROVING STUDENTS ' EXPERIENCE AT SCHOOL. BY26
D
ECEMBER 31, 2023, THE DEPARTMENT OF EDUCATION MAY MAKE27
1376
-5- RECOMMENDATIONS TO THE STATE BOARD OF EDUCATION AND THE1
GENERAL ASSEMBLY FOR ADDITIONAL INDICATORS TO CONSIDER FOR2
INCLUSION IN THE DISTRICT PROFILE REPORT, INCLUDING, BUT NOT LIMITED3
TO, MEASURES OF STUDENT ENGAGEMENT , STUDENTS' EMOTIONAL AND4
PHYSICAL SAFETY AND SENSE OF BELONGING , AND TEACHERS '5
PERSPECTIVES OF LEARNING CONDITIONS. RECOMMENDATIONS MAY ALSO6
LEVERAGE INFORMATION LEARNED FROM PILOT AND GRANT PROGRAMS7
RELATED TO IMPROVING STUDENTS ' EXPERIENCES IN SCHOOL.8
(3) B
EGINNING IN THE 2023-24 SCHOOL YEAR, THE DEPARTMENT9
OF EDUCATION SHALL ANNUALLY COLLECT INFORMATION CONCERNING10
SCHOOL CLIMATE SURVEYS ADMINISTERED TO STUDENTS OR FAMILIES , OR11
SCHOOL CLIMATE TOOLS UTILIZED BY SCHOOLS AND SCHOOL DISTRICTS ,12
INCLUDING WHICH SURVEY OR TOOL IS USED , IF ANY, AND HOW THE13
RESULTS OF SUCH SURVEYS ARE MADE PUBLICLY ACCESSIBLE , IF AT ALL.14
T
HE DEPARTMENT OF EDUCATION SHALL INCLUDE THIS INFORMATION IN15
THE DISTRICT PROFILE REPORTS.16
SECTION 2. In Colorado Revised Statutes, 22-2-112, amend17
(1)(u)(I) as follows:18
22-2-112. Commissioner - duties - report - legislative19
declaration - repeal. (1) Subject to the supervision of the state board,20
the commissioner has the following duties:21
(u) (I) To prepare an annual report on the number of pupils22
enrolled in public schools in the state based on the pupil enrollments23
reported to the state board pursuant to section 22-54-112 (2)(a) for the24
applicable school year, and the number of
SCHOOL COUNSELORS, SCHOOL25
SOCIAL WORKERS, SCHOOL NURSES, AND school psychologists in the state,26
who are
licensed by the department pursuant to part 2 of article 60.5 of27
1376
-6- this title 22, and employed by a school district, board of cooperative1
services, or charter school, OR ENTITY THAT CONTRACTS WITH ANY OF THE2
ABOVE who are reported as full-time equivalent OR PART-TIME employees.3
The report must state the number of pupils and licensed and employed4
school psychologists,
SCHOOL COUNSELORS, SCHOOL SOCIAL WORKERS,5
AND SCHOOL NURSES in total for the state and disaggregated by school6
district, board of cooperative services, and the state charter school7
institute.8
SECTION 3. In Colorado Revised Statutes, 22-2-503, amend (1)9
introductory portion, (1)(b), (1)(c), (2)(e), and (2)(f); and add (1)(d) and10
(2)(g) as follows:11
22-2-503. Teaching and learning conditions survey. (1) Subject12
to available appropriations, the department shall administer a biennial13
teaching and learning conditions survey, referred to in this section as the14
"survey", to all preschool teachers, elementary teachers, secondary15
teachers, and education support professionals in public schools of the16
state. The survey shall
MUST be designed to assess, at a minimum:17
(b) The correlation, if any, between teaching and learning18
conditions and teacher retention; and19
(c) The relationship, if any, between teaching and learning20
conditions and school administration;
AND21
(d) T
HE RELATIONSHIP, IF ANY, BETWEEN TEACHING AND22
LEARNING CONDITIONS AND MEASURES OF SCHOOL CLIMATE , AS23
EXPERIENCED BY STUDENTS AND TEACHERS .24
(2) The survey results may be used by schools, school districts, the25
department, state policymakers, and researchers as a resource for:26
(e) State education reform initiatives concerning achievement27
1376
-7- gaps, teacher gaps, dropout rates, and graduation rates; and1
(f) Other analyses to inform school improvement efforts;
AND2
(g) I
MPROVING WAYS TO MEASURE AND IMPROVE SC HOOL CLIMATE3
AND TEACHING AND LEARNING ENVIRONMENTS .4
SECTION 4. In Colorado Revised Statutes, 22-30.5-528, amend5
(2), (3)(a), and (3)(b) introductory portion; and add (3)(d), (3)(e), and (5)6
as follows:7
22-30.5-528. Institute charter schools - use of restraints on8
students - certain restraints prohibited - reports and review process9
- complaints and investigations - rules - definitions. (2) Pursuant to
10
section 26-20-111, the use of a chemical, mechanical, or prone restraint11
upon a student in an institute charter school is prohibited THE12
"P
ROTECTION OF INDIVIDUALS FROM RESTRAINT AND SECLUSION ACT",13
SECTIONS 26-20-101 TO 26-20-111, SETS FORTH THE KEY DEFINITIONS AND14
PROHIBITIONS ON THE USE OF RESTRAINTS , INCLUDING THE USE OF15
RESTRAINTS ON STUDENTS, DESCRIBED IN SECTION 26-20-111.16
(3) (a) On and after August 9, 2017, each school district
17
INSTITUTE CHARTER SCHOOL shall require any school employee or18
volunteer who uses any type of restraint on a student of the
INSTITUTE19
CHARTER school district
to submit a written report of the incident to the20
INSTITUTE CHARTER SCHOOL'S administration of the school not later than21
one school day after the incident occurred.22
(b) On and after August 9, 2017, each
INSTITUTE CHARTER school23
district
shall establish a review process, conduct the review process at24
least annually, and document the results of each review process in25
writing. Each annual review process must include a review of each26
incident in which restraint was used on a student during the preceding27
1376
-8- year. The purpose of each annual review process is to ensure that the1
INSTITUTE CHARTER school district is properly administering restraint,2
identifying additional training needs, minimizing and preventing the use3
of restraint by increasing the use of positive behavior interventions, and4
reducing the incidence of injury to students and staff. Each annual review5
process must include but is not limited to:6
(d) T
HE DEPARTMENT OF EDUCATION HAS ENFORCEMENT7
AUTHORITY OVER THE RESTRAINT INVESTIGATION DECISIONS. THIS8
ENFORCEMENT AUTHORITY MUST FOLLOW THE SAME PROCEDURES9
OUTLINED FOR STATE COMPLAINTS UNDER THE FEDERAL "INDIVIDUALS10
WITH DISABILITIES EDUCATION ACT", 20 U.S.C. SEC. 1400 ET SEQ., AS11
AMENDED, AND THE DEPARTMENT 'S STATE-LEVEL COMPLAINT12
PROCEDURES.13
(e) N
O LATER THAN JUNE 30, 2023, AND EVERY JUNE 3014
THEREAFTER, EACH INSTITUTE CHARTER SCHOOL SHALL SUBMIT THE DATA15
FROM THE ANNUAL REVIEW CONDUCTED PURSUANT TO SUBSECTION (3)(b)16
OF THIS SECTION TO THE DEPARTMENT OF EDUCATION PURSUANT TO17
SECTION 22-1-134.18
(5) T
HE DEPARTMENT OF EDUCATION SHALL CREATE AND19
IMPLEMENT RIGOROUS STANDARDS FOR TRAINING SCHOOL STAFF AND20
ADMINISTRATORS ON THE "PROTECTION OF INDIVIDUALS FROM RESTRAINT21
AND SECLUSION ACT", SECTIONS 26-20-101 TO 26-20-111.22
SECTION 5. In Colorado Revised Statutes, 22-32-109.1, amend23
(2) introductory portion, (2)(b) introductory portion, (2)(b)(IV)(E), and24
(2)(b)(IV)(K); and add
(1)(g.3) and (2)(b.5) as follows:25
22-32-109.1. Board of education - specific powers and duties26
- safe school plan - conduct and discipline code - safe school reporting27
1376
-9- requirements - school response framework - school resource officers1
- definitions. (1) Definitions. As used in this section, unless the context2
otherwise requires:3
(g.3) "S
CHOOL" MEANS A PUBLIC SCHOOL OF A SCHOOL DISTRICT,4
A CHARTER SCHOOL, OR AN INSTITUTE CHARTER SCHOOL.5
(2) Safe school plan. In order
To provide a learning environment6
that is safe, conducive to the learning process, and free from unnecessary7
disruption, each school district board of education or institute charter8
school board for a charter school authorized by the charter school institute9
shall, following consultation with the school district accountability10
committee and school accountability committees, parents, teachers,11
administrators, students, student councils where available, and, where12
appropriate, the community at large, adopt and implement a safe school13
plan, or review and revise, as necessary in response to any relevant data14
collected by the school district, any existing plans or policies already in15
effect. In addition to the aforementioned parties, each school district16
board of education, in adopting and implementing its safe school plan,17
may consult with victims' advocacy organizations, school psychologists,18
local law enforcement, and community partners. The plan, at a minimum,19
must include the following:20
(b) Safe school reporting requirements. A policy whereby the21
principal of each public school in a school district is required to submit22
annually in a manner and by a date specified by rule of the state board,23
AND IN ACCORDANCE WITH STANDARDIZED METHODS
AND ANY REVISED24
REPORTING CATEGORIES IDENTIFIED AND ADOPTED THROUGH THE25
STAKEHOLDER PROCESS SET FORTH IN SECTION 22-1-134, a written report26
to the board of education of the school district concerning the learning27
1376
-10- environment in the school during that school year. The board of education1
of the school district shall annually compile the reports from every school2
in the district and submit the compiled report to the department of3
education in a format specified by rule of the state board. The compiled4
report must be easily accessible by the general public through a link on5
the department of education's website home page. The report must6
include, but need not be limited to, the following specific information for7
the preceding school year,
INCLUDING ANY DISCIPLINARY INCIDENT8
SPECIFIED IN SUBSECTION (2)(b)(IV)(E) OR (2)(b)(IV)(K) OF THIS SECTION9
THAT REQUIRES ADDITIONAL REPORTING
ON THE INCIDENT:10
(IV) The number of conduct and discipline code violations. Each11
violation must be reported only in the most serious category that is12
applicable to that violation, including but not limited to specific13
information identifying the number of, and the action taken with respect14
to, each of the following types of violations:15
(E) Being willfully disobedient or openly and persistently defiant16
or repeatedly interfering with the school's ability to provide educational17
opportunities to, and a safe environment for, other students. I
N ADDITION18
TO PROVIDING INFORMATION ON SUCH DISCIPLINARY INCIDENTS IN THE19
COMPILED REPORT REQUIRED BY THIS SUBSECTION (2)(b), THE REPORT20
FILING MUST INCLUDE
ANY ADDITIONAL INFORMATION DEEMED21
NECESSARY BY THE DEPARTMENT OF EDUCATION PURSUANT TO THE22
PROCESS REQUIRED PURSUANT TO SECTION 22-1-134. INFORMATION23
INCLUDED IN REPORTING FOR INCIDENTS CURRENTLY CATEGORIZED AS24
DISOBEDIENCE OR DEFIANCE MAY INCLUDE, BUT IS NOT LIMITED TO25
SCHOOL AND DISTRICT CODE; LOCATION OF INCIDENTS; DESCRIPTION OF26
THE BEHAVIORS THAT CONSTITUTED THE VIOLATIONS ; INTERVENTIONS OR27
1376
-11- DE-ESCALATION STRATEGIES ATTEMPTED LEADING UP TO THE INCIDENT ;1
AND DESCRIPTIVE INFORMATION OF THE STUDENT OR STUDENTS INVOLVED2
IN THE INCIDENTS, INCLUDING, BUT NOT LIMITED TO, GENDER, GRADE3
LEVEL, ETHNICITY, RACE, AND WHETHER THE STUDENT HAS FEDERAL4
SECTION 504 ACCOMMODATIONS OR AN INDIVIDUALIZED EDUCATION PLAN .5
INFORMATION ON THE REPORT MUST BE SUBMITTED IN ACCORDANCE WITH6
THE DEPARTMENT OF EDUCATION'S DATA PRIVACY AND REPORTING7
REQUIREMENTS.8
(K) Other violations of the code of conduct and discipline that9
resulted in documentation of the conduct in a student's record. I
N10
ADDITION TO PROVIDING INFORMATION ON SUCH DISCIPLINARY INCIDENTS11
IN THE COMPILED REPORT REQUIRED BY THIS SUBSECTION (2)(b), THE12
REPORT FILING MUST INCLUDE
ANY ADDITIONAL INFORMATION DEEMED13
NECESSARY BY THE DEPARTMENT OF EDUCATION PURSUANT TO THE14
PROCESS REQUIRED PURSUANT TO SECTION 22-1-134. INFORMATION15
INCLUDED IN REPORTING FOR INCIDENTS CURRENTLY CATEGORIZED AS16
DISOBEDIENCE OR DEFIANCE MAY INCLUDE, BUT IS NOT LIMITED TO17
SCHOOL AND DISTRICT CODE; LOCATION OF THE INCIDENTS; DESCRIPTION18
OF THE BEHAVIORS THAT CONSTITUTED THE VIOLATIONS ; INTERVENTIONS19
OR DE-ESCALATION STRATEGIES ATTEMPTED LEADING UP TO THE20
INCIDENTS; AND DESCRIPTIVE INFORMATION OF THE STUDENT OR21
STUDENTS INVOLVED IN THE INCIDENTS, INCLUDING, BUT NOT LIMITED TO,22
GENDER, GRADE LEVEL, ETHNICITY, RACE, AND WHETHER THE STUDENT23
HAS FEDERAL SECTION 504 ACCOMMODATIONS OR AN INDIVIDUALIZED24
EDUCATION PLAN. INFORMATION ON THE REPORT MUST BE SUBMITTED IN25
ACCORDANCE WITH THE DEPARTMENT OF EDUCATION 'S DATA PRIVACY26
AND REPORTING REQUIREMENTS .27
1376
-12- (b.5) IN ADDITION TO THE ITEMS SPECIFIED IN SUBSECTION (2)(b)1
OF THIS SECTION, EACH SCHOOL DISTRICT BOARD OF EDUCATION OR2
INSTITUTE CHARTER SCHOOL BOARD FOR A CHARTER SC HOOL AUTHORIZED3
BY THE CHARTER SCHOOL INSTITUTE SHALL ANNUALLY REVIEW AND4
SUBMIT DATA TO THE DEPARTMENT OF EDUCATION CONCERNING THE5
NUMBER AND TYPES OF DISCIPLINARY INCIDENTS AND THE DISCIPLINARY6
ACTIONS TAKEN IN RESPONSE TO SUCH INCIDENTS . THE DEPARTMENT OF7
EDUCATION SHALL COLLECT THE DATA DESCRIBED IN SUBSECTION8
(2)(b)(IV)
OF THIS SECTION AT THE INDIVIDUAL STUDENT LEVEL AND9
REPORT DISAGGREGATED STUDENT DATA ON THE TYPE OF DISCIPLINARY10
INCIDENTS AND ACTION TAKEN . SUCH STUDENT DATA MUST BE11
DISAGGREGATED BY GENDER , GRADE LEVEL , RACE, ETHNICITY,12
DISABILITY, WHETHER THE STUDENT HAS FEDERAL SECTION 50413
ACCOMMODATIONS OR AN INDIVIDUALIZED EDUCATION PLAN , ENGLISH14
LANGUAGE LEARNER STATUS , FREE AND REDUCED-PRICE LUNCH STATUS,15
AND HOMELESS STATUS , TO THE MAXIMUM EXTENT POSSIBLE IN16
COMPLIANCE WITH THE "COLORADO PRIVACY ACT", ESTABLISHED
17
PURSUANT TO PART 13 OF ARTICLE 1 OF TITLE 6, THE FEDERAL "FAMILY18
E
DUCATIONAL RIGHTS AND PRIVACY ACT OF 1974", 20 U.S.C. SEC.19
1232g,
AND THE "STUDENT DATA TRANSPARENCY AND SECURITY ACT",20
CREATED IN ARTICLE 16 OF THIS TITLE 22. THE DEPARTMENT OF21
EDUCATION SHALL NOT PUBLICLY REPORT INDIVIDUAL STUDENT DATA FOR22
ANY PURPOSE, SHALL INCLUDE THE APPLICATION OF DATA SUPPRESSION23
POLICIES TO AVOID THE RE-IDENTIFICATION OF ANY INDIVIDUAL IN ANY24
PUBLIC REPORTS, AND SHALL ENSURE COMPLIANCE WITH STANDARDS FOR25
REPORTING DATA FOR A STUDENT WITH A FEDERAL SECTION 50426
ACCOMMODATION OR AN INDIVIDUALIZED EDUCATION PLAN .27
1376
-13- 1
SECTION 6. In Colorado Revised Statutes, 22-32-147, amend2
(3)(c); and add (1)(b.7), (3)(b.5), (3)(d), (5), and (6) as follows:3
22-32-147. Use of restraints on students - certain restraints4
prohibited - reports and review process - rules - definitions. (1) As5
used in this section, unless the context otherwise requires:6
(b.7) "P
HYSICAL RESTRAINT" HAS THE SAME MEANING AS SET
7
FORTH IN SECTION 26-20-102 (5).8
(3) (b.5) I
F A PHYSICAL RESTRAINT IS MORE THAN ONE MINUTE BUT
9
LESS THAN FIVE MINUTES, THE NOTIFICATION REQUIREMENT IS A WRITTEN10
NOTICE TO THE PARENT ON THE DAY OF THE RESTRAINT . THE WRITTEN11
NOTICE MUST INCLUDE THE DATE , THE NAME OF THE STUDENT, AND THE12
NUMBER OF RESTRAINTS THAT DAY THAT LASTED BETWEEN ONE AND FIVE13
MINUTES.14
(c) Not more than five calendar days after the use of restraint on15
a student IF A PHYSICAL RESTRAINT IS FIVE MINUTES OR MORE, the school16
administration shall mail, fax, or email a written report of the incident to17
the parent or legal guardian of the student
NOT MORE THAN FIVE
18
CALENDAR DAYS AFTER THE USE OF THE RESTRAINT ON THE STUDENT . The19
written report must be placed in the student's confidential file and include:20
(d) N
O LATER THAN JUNE 30, 2023, AND EVERY JUNE 30
21
THEREAFTER, EACH SCHOOL DISTRICT SHALL SUBMIT THE DATA FROM22
THE ANNUAL REVIEW C ONDUCTED PURSUANT TO SUBSECTION (3)(b) OF23
THIS SECTION TO THE DEPARTMENT OF EDUCATION PURSUANT TO SECTION24
22-1-134.25
(5) T
HE DEPARTMENT OF EDUCATION SHALL MAKE TRAINING26
AVAILABLE ON THE "PROTECTION OF INDIVIDUALS FROM RESTRAINT AND27
1376
-14- SECLUSION ACT", SECTIONS 26-20-101 TO 26-20-111, AND ON THE1
DEPARTMENT OF EDUCATION 'S CORRESPONDING RULES FOR2
ADMINISTRATION OF SUCH ACT TO INDIVIDUALS CERTIFIED IN THE USE OF3
RESTRAINT.4
(6) T
HE DEPARTMENT OF EDUCATION HAS ENFORCEMENT5 AUTHORITY OVER THE RESTRAINT INVESTIGATION DECISIONS. THIS6
ENFORCEMENT AUTHORITY MUST FOLLOW THE SAME PROCEDURES7
OUTLINED FOR STATE COMPLAINTS UNDER THE FEDERAL "INDIVIDUALS8
WITH DISABILITIES EDUCATION ACT", 20 U.S.C. SEC. 1400 ET SEQ., AS9
AMENDED, AND THE DEPARTMENT 'S STATE-LEVEL COMPLAINT10
PROCEDURES.11
12
SECTION 7. In Colorado Revised Statutes, 24-31-312, add (7)13
as follows:14
24-31-312. School resource officer training. (7) THE P.O.S.T.15
BOARD, WITH RESPECT TO THE HIRING, TRAINING, AND EVALUATION OF16
SCHOOL RESOURCE OFFICERS AND PROFESSIONALIZING A SCHOOL-POLICE17
PARTNERSHIP, SHALL CREATE A MODEL POLICY FOR SELECTING SCHOOL18
RESOURCE OFFICERS PURSUANT TO THE GENERAL DUTIES AND19
RESPONSIBILITIES GRANTED TO THE P.O.S.T. BOARD PURSUANT TO20
SECTION 24-31-303. THE P.O.S.T. BOARD SHALL CONSULT WITH SCHOOL21
BOARD MEMBERS, SCHOOL RESOURCE OFFICERS, K-12 ADVOCATES, AND22
OTHER RELEVANT STAKEHOLDERS, INCLUDING STUDENT GROUPS, IN THE23
DEVELOPMENT OF THE MODEL POLICY. THE DEPARTMENT OF EDUCATION24
SHALL POST THE MODEL POLICY ON ITS WEBSITE AND DISTRIBUTE THE25
POLICY TO SCHOOL DISTRICTS, CHARTER SCHOOLS, AND INSTITUTE26
CHARTER SCHOOLS FOR CONSIDERATION AND POSSIBLE ADOPTION . THE27
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INSTITUTE CHARTER SCHOOLS, AND POLICE DEPARTMENTS. THE MODEL2
POLICY MUST, AT A MINIMUM, REQUIRE THAT:3
(a) ONCE SELECTED, SCHOOL RESOURCE OFFICERS MUST BE FULLY4
TRAINED IN STANDARD BEST PRACTICES, AS SET FORTH BY A NATIONAL5
ASSOCIATION OF SCHOOL RESOURCE OFFICERS ;6
(b) A CANDIDATE DEMONSTRATE, WHENEVER POSSIBLE, A RECORD7
OF EXPERIENCE DEVELOPING POSITIVE RELATIONSHIPS WITH YOUTH ,8
WHICH MAY INCLUDE PARTICIPATION IN YOUTH OR COMMUNITY POLICING9
PROGRAMS;10
(c) A CANDIDATE VOLUNTARILY APPLY TO SERVE AS A SCHOOL11
RESOURCE OFFICER; AND12
(d) THE EMPLOYING LAW ENFORCEMENT AGENCY AND SCHOOL13
DISTRICT JOINTLY CREATE AN EVALUATION PROCESS TO EVALUATE14
SCHOOL RESOURCE OFFICERS.15
SECTION 8. In Colorado Revised Statutes, 26-20-102, amend16
(5), (6) introductory portion, and (6)(c) as follows:17
26-20-102. Definitions. As used in this article 20, unless the18
context otherwise requires:19
(5) "Physical restraint" means the use of bodily, physical force to20
involuntarily limit an individual's freedom of movement
FOR MORE THAN21
ONE MINUTE; except that "physical restraint" does not include the holding22
of a child by one adult for the purposes of calming or comforting the23
child.24
(6) "Restraint" means any method or device used to involuntarily25
limit freedom of movement, including bodily physical force, mechanical26
devices, or chemicals. R
ESTRAINT MUST NOT BE USED AS A FORM OF27
1376
-16- DISCIPLINE OR TO GAIN COMPLIANCE FROM A STUDENT . IF PROPERTY1
DAMAGE MIGHT BE INVOLVED , RESTRAINT MAY ONLY BE USED WHEN THE2
DESTRUCTION OF PROPERTY COULD POSSIBLY RESULT IN BODILY HARM TO3
THE INDIVIDUAL OR ANOTHER PERSON . "Restraint" includes chemical4
restraint, mechanical restraint, and physical restraint. "Restraint" does not5
include:6
(c) The holding of an individual for less than five minutes ONE7
MINUTE by a staff person for protection of the individual or other persons;8
except that nothing in this subsection (6)(c) may be interpreted to permit9
the holding of a public school student in a prone position, except as10
described in section 26-20-111 (2), (3), or (4); or11
SECTION 9. In Colorado Revised Statutes, 26-20-111, amend12
(1); and add (5), (6), (7), (8), and (9) as follows:13
26-20-111. Use of restraints in public schools - certain14
restraints prohibited. (1) Except as provided otherwise in this section,15
and notwithstanding any other provision of this article 20:16
(a) The use of a chemical, mechanical, or prone restraint upon a17
student of a school of a school district, charter school of a school district,18
or institute charter school is prohibited when the student is on the19
property of any agency or is participating in an off-campus,20
school-sponsored activity or event;
AND21
(b) A
SCHOOL RESOURCE OFFICER OR A LAW ENFORCEMENT22
OFFICER ACTING IN THE OFFICER 'S OFFICIAL CAPACITY ON SCHOOL23
GROUNDS, IN A SCHOOL VEHICLE , OR AT A SCHOOL ACTIVITY OR24
SANCTIONED EVENT SHALL NOT USE HANDCUFFS ON ANY STUDENT , UNLESS25
THERE IS A DANGER TO THEMSELVES OR OTHERS OR HANDCUFFS ARE USED26
DURING A CUSTODIAL ARREST THAT REQUIRES TRANSPORT .27
1376
-17- (5) IF A SCHOOL DISTRICT, CHARTER SCHOOL OF A SCHOOL1
DISTRICT, OR INSTITUTE CHARTER SCHOOL USES A SECLUSION ROOM ,2
THERE MUST BE AT LEAST ONE WINDOW FOR MONITORING WHEN THE DOOR3
IS CLOSED. IF A WINDOW IS NOT FEASIBLE, MONITORING MUST BE POSSIBLE4
THROUGH A VIDEO CAMERA . A STUDENT PLACED IN A SECLUSION ROOM5
MUST BE CONTINUALLY MONITORED . THE ROOM MUST BE A SAFE SPACE6
FREE OF INJURIOUS ITEMS. THE SECLUSION ROOM MUST NOT BE A ROOM7
THAT IS USED BY SCHOOL STAFF FOR STORAGE , CUSTODIAL, OR OFFICE8
SPACE.9
(6) NOTHING IN THIS SECTION PROHIBITS SCHOOL PERSONNEL FROM10
TAKING ANY LAWFUL ACTIONS NECESSARY , INCLUDING SECLUSION OR11
RESTRAINT, WHEN AND WHERE NECESSARY TO KEEP STUDENTS AND STAFF12
SAFE FROM HARM DURING AN EMERGENCY, AS DEFINED BY RULE OF THE13
STATE BOARD. SCHOOL PERSONNEL SHALL COMPLY WITH ALL14
DOCUMENTATION AND REPORTING REQUIREMENTS, EVEN IN THE CASE OF15
AN EMERGENCY.16
(7) IF A PHYSICAL RESTRAINT IS BETWEEN ONE AND FIVE MINUTES ,17
THE NOTIFICATION REQUIREMENT MUST BE A WRITTEN NOTICE TO THE18
PARENT ON THE DAY OF THE RESTRAINT. THE NOTICE MUST INCLUDE THE19
DATE, THE STUDENT'S NAME, AND THE NUMBER OF RESTRAINTS THAT DAY20
THAT LASTED BETWEEN ONE AND FIVE MINUTES .21
(8) O
N OR BEFORE JULY 1, 2023, THE STATE BOARD SHALL INITIATE
22
RULE MAKING FOR THE PROCESS OF DETERMINING WHETHER TO REQUIRE23
THE REPORTING OF RESTRAINTS FROM ONE TO FIVE MINUTES AND WHAT24
DATA, IF ANY, WILL BE COLLECTED. AS A PART OF THE PUBLIC INPUT25
PROCESS REQUIRED PURSUANT TO SECTION 24-4-104, THE STATE BOARD26
AND THE DEPARTMENT OF EDUCATION SHALL E NGAGE WITH27
1376
-18- STAKEHOLDERS, INCLUDING, BUT NOT LIMITED TO, A REPRESENTATIVE OF1
SCHOOL DISTRICT ADMINISTRATORS , A STATEWIDE ORGANIZATION2
REPRESENTING SPECIAL EDUCATION DIRECTORS , AND A MEMBER OF A3
DISABILITY RIGHTS ORGANIZATION.4
(9) STATUTORY PROVISIONS CONCERNING THE USE OF RESTRAINTS5
IN SCHOOL DISTRICTS, CHARTER SCHOOLS OF A SCHOOL DISTRICT , OR6
INSTITUTE CHARTER SCHOOLS, INCLUDING REPORTING REQUIREMENTS, ARE7
SET FORTH IN SECTIONS 22-30.5-528 AND 22-32-147.8
SECTION 10. Appropriation. (1) For the 2022-23 state fiscal9
year, $516,451 is appropriated to the department of education. This10
appropriation is from the general fund. To implement this act, the11
department may use this appropriation as follows:12
(a) $263,900 for information technology services; and13
(b) $252,551 for the office of dropout prevention and student14
reengagement, which amount is based on an assumption that the15
department will require an additional 2.4 FTE.16
17
(2) For the 2022-23 state fiscal year, $30,000 is appropriated to18
the department of law for use by the peace officers training board. This19
appropriation is from the P.O.S.T board cash fund created in section20
24-31-303 (2)(b), C.R.S. To implement this act, the board may use this21
appropriation for peace officers standards and training board support.22
SECTION 11. Safety clause. The general assembly hereby finds,23
determines, and declares that this act is necessary for the immediate24
preservation of the public peace, health, or safety.25
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