HOUSE BILL 22-1376
BY REPRESENTATIVE(S) Herod and Young, Amabile, Bernett,
Boesenecker, Cutter, Duran, Esgar, Exum, Froelich, Hooton, Jodeh, Kipp,
Lindsay, Lontine, McCluskie, McLachlan, Michaelson Jenet, Sirota, Titone,
Valdez D., Bacon, Gonzales-Gutierrez, Ortiz, Valdez A.;
also SENATOR(S) Priola and Winter, Bridges, Buckner, Coleman,
Danielson, Gonzales, Hinrichsen, Jaquez Lewis, Lee, Moreno, Pettersen,
Story, Fenberg.
C
ONCERNING SUPPORTIVE LEARNING ENVIRONMENTS FOR K-12 STUDENTS,
AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 22-1-138 and
22-1-139 as follows:
22-1-138. Information collected and posted on department
website. O
N OR BEFORE AUGUST 31, 2023, THE DEPARTMENT OF EDUCATION
SHALL STANDARDIZE THE REPORTING METHOD THAT SCHOOL DISTRICTS
,
INCLUDING CHARTER SCHOOLS OF A SCHOOL DISTRICT AND INSTITUTE
CHARTER SCHOOLS
, USE TO COLLECT AND REPORT DATA CONCERNING
SUSPENSIONS AND EXPULSIONS
, ARRESTS AND REFERRALS , CHRONIC
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. ABSENTEEISM, INCIDENTS OF VIOLENCE, AND HARASSMENT AND BULLYING ,
AND THE SAFE SCHOOL REPORTING REQUIREMENTS SET FORTH IN SECTION
22-32-109.1. IN MAKING ITS DETERMINATION REGARDING THE
STANDARDIZATION
, THE DEPARTMENT OF EDUCATION SHALL CONSULT WITH
SCHOOL DISTRICTS AND SCHOOL ADMINISTRATORS
, SCHOOL BOARD
MEMBERS
, TEACHERS, LAW ENFORCEMENT REPRESENTATIVES , SCHOOL
RESOURCE OFFICERS
, K-12 ADVOCATES, AND OTHER RELE VANT
STAKEHOLDERS
. IN MAKING ITS DETERMINATION , THE DEPARTMENT OF
EDUCATION SHALL ENSURE ALL STUDENT
-LEVEL DATA IS KEPT
CONFIDENTIAL AND REPORTING COMPLIES WITH THE
"COLORADO PRIVACY
ACT", ESTABLISHED PURSUANT TO PART 13 OF ARTICLE 1 OF TITLE 6, THE
FEDERAL
"FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974", 20
U.S.C.
SEC. 1232g, AND THE "STUDENT DATA TRANSPARENCY AND
SECURITY ACT", CREATED PURSUANT TO ARTICLE 16 OF THIS TITLE 22,
WHICH MUST INCLUDE THE APPLICATION OF DATA SUPPRESSION POLICIES TO
AVOID THE RE
-IDENTIFICATION OF ANY INDIVIDUAL IN ANY PUBLIC REPORTS.
A
S PART OF THE PROCESS, THE DEPARTMENT OF EDUCATION MAY CONSIDER
WHETHER TO ADOPT NEW REPORTING CATEGORIES OR REQUIRE ADDITIONAL
OR DIFFERENT DATA TO BE COLLECTED TO IMPROVE ACCURACY
,
CONSISTENCY, AND QUALITY OF DATA.
22-1-139. Accessible district profile reports - school climate
reports and surveys - reporting - definition. (1) (a) O
N OR BEFORE
AUGUST 31, 2024, THE DEPARTMENT OF EDUCATION SHALL WORK TO
DEVELOP EASILY ACCESSIBLE
, USER-FRIENDLY PROFILE REPORTS FOR EACH
SCHOOL DISTRICT AND THE CHARTER SCHOOL INSTITUTE
. THE REPORTS MUST
BE MADE EASILY ACCESSIBLE TO THE GENERAL PUBLIC THROUGH A LINK ON
THE DEPARTMENT OF EDUCATION
'S WEBSITE; UPDATED ANNUALLY ; AND
DISAGGREGATED BY GENDER
, GRADE LEVEL, ETHNICITY, DISABILITY,
E
NGLISH LANGUAGE LEARNER STATUS , FREE AND REDUCED-PRICE LUNCH
STATUS
, AND HOMELESS STATUS TO THE MAXIMUM EXTENT POSSIBLE IN
COMPLIANCE WITH THE
"COLORADO PRIVACY ACT", ESTABLISHED
PURSUANT TO PART
13 OF ARTICLE 1 OF TITLE 6, THE FEDERAL "FAMILY
EDUCATIONAL RIGHTS AND PRIVACY RIGHTS ACT OF 1974", 20 U.S.C. SEC.
1232g,
AND THE "STUDENT DATA TRANSPARENCY AND SECURITY ACT"
CREATED PURSUANT TO ARTICLE 16 OF THIS TITLE 22. TO PREPARE THE
PROFILE REPORTS
, THE DEPARTMENT OF EDUCATION SHALL COLLECT THE
INDIVIDUAL STUDENT DATA DESCRIBED IN SUBSECTION
(1)(b) OF THIS
SECTION
. THE DEPARTMENT OF EDUCATION SHALL MAINTAIN STRICT
STANDARDS FOR STUDENT DATA PRIVACY
, COMPLY WITH STANDARDS FOR
PAGE 2-HOUSE BILL 22-1376 REPORTING DATA FOR A STUDENT WITH AN ACCOMMODATION PURSUANT TO
SECTION
504 OF THE FEDERAL "REHABILITATION ACT OF 1973", 29 U.S.C.
SEC. 701 ET SEQ., AS AMENDED, AND ITS IMPLEMENTING REGULATIONS , OR
A STUDENT WITH AN INDIVIDUALIZED EDUCATION PLAN
, AND SHALL NOT
PUBLICLY REPORT INDIVIDUAL STUDENT DATA FOR ANY PURPOSE
, INCLUDING
AS PART OF THE DISTRICT PROFILE REPORTS
.
(b) T
HE PROFILE REPORTS MUST INCLUDE, BUT ARE NOT LIMITED TO:
(I) C
HRONIC ABSENTEEISM RATES;
(II) T
HE NUMBER OF IN-SCHOOL AND OUT-OF-SCHOOL SUSPENSIONS;
(III) T
HE NUMBER OF EXPULSIONS;
(IV) T
HE NUMBER OF STUDENTS HANDCUFFED ;
(V) T
HE NUMBER OF REFERRALS TO LAW ENFORCEMENT . AS USED IN
THIS SECTION
, "REFERRALS TO LAW ENFORCEMENT " MEANS WHEN A SCHOOL
EMPLOYEE PROACTIVELY CALLS
, SUMMONS, OR REQUESTS A LAW
ENFORCEMENT OFFICIAL
, INCLUDING A SCHOOL RESOURCE OFFICER , TO:
(A) R
ESPOND TO AN INCIDENT ON SCHOOL GROUNDS INVOLVING A
POSSIBLE VIOLATION OF LOCAL
, STATE, OR FEDERAL LAW;
(B) E
NGAGE WITH A STUDENT OR THIRD PARTY ON SCHOOL GROUNDS
WHO IS CREATING A POTENTIALLY DANGEROUS SITUATION
; OR
(C) ENFORCE A LOCAL, STATE, OR FEDERAL RULE, REGULATION, OR
LAW ON SCHOOL GROUNDS
, IN A SCHOOL VEHICLE, OR AT A SCHOOL ACTIVITY
OR SCHOOL
-SANCTIONED EVENT;
(VI) T
HE NUMBER OF SCHOOL-RELATED ARRESTS, INCLUDING AN
ARREST THAT OCCURS ON SCHOOL GROUNDS
, IN A SCHOOL VEHICLE, OR AT
A SCHOOL ACTIVITY OR SCHOOL
-SANCTIONED EVENT;
(VII) T
HE NUMBER OF STUDENTS PHYSICALLY RESTRAINED ; AND
(VIII) THE NUMBER OF STUDENTS PLACED IN SECLUSION .
PAGE 3-HOUSE BILL 22-1376 (2) (a) THE DISTRICT PROFILES MUST INCLUDE DATA COLLECTED
PURSUANT TO SECTION
22-2-112 (1)(u)(I) AND ANY OTHER EXISTING
DISTRICT
-LEVEL MEASURES THAT THE DEPARTMENT OF EDUCATION
DETERMINES RELEVANT AND RELATED TO SCHOOL CLIMATE
. IN DEVELOPING
THE PROFILES
, THE DEPARTMENT OF EDUCATION SHALL CONSULT WITH
STAKEHOLDERS
, INCLUDING MEMBERS OF THE STATE ADVISORY COUNCIL FOR
PARENT INVOLVEMENT IN EDUCATION
, CREATED IN SECTION 22-7-303;
MEMBERS OF THE COLORADO SPECIAL EDUCATION ADVISORY COMMITTEE
APPOINTED PURSUANT TO SECTION
22-20-104 (2)(a); AND STAKEHOLDERS
WHO REPRESENT THE DISABILITY COMMUNITY
; K-12 ADVOCATES AND
STUDENTS
; AND REPRESENTATIVES OF ASSOCIATIONS REPRESENTING SC HOOL
EXECUTIVES
, SCHOOL BOARDS, SPECIAL EDUCATION DIRECTORS, CHARTER
SCHOOLS
, AND TEACHERS.
(b) T
HE DEPARTMENT OF EDUCATION MAY CONSULT WITH STATE AND
NATIONAL ORGANIZATIONS OR OTHER STATES WITH EXPERTISE IN
MEASURING AND IMPROVING STUDENTS
' EXPERIENCES AT SCHOOL . BY
DECEMBER 31, 2023, THE DEPARTMENT OF EDUCATION MAY MAKE
RECOMMENDATIONS TO THE STATE BOARD OF EDUCATION AND THE GENERAL
ASSEMBLY FOR ADDITIONAL INDICATORS TO CONSIDER FOR INCLUSION IN THE
DISTRICT PROFILE REPORT
, INCLUDING, BUT NOT LIMITED TO, MEASURES OF
STUDENT ENGAGEMENT
, STUDENTS' EMOTIONAL AND PHYSICAL SAFETY AND
SENSE OF BELONGING
, AND TEACHERS' PERSPECTIVES OF LEARNING
CONDITIONS
. RECOMMENDATIONS MAY ALSO LEVERAGE INFORMATION
LEARNED FROM PILOT AND GRANT PROGRAMS RELATED TO IMPROVING
STUDENTS
' EXPERIENCES IN SCHOOL.
(3) B
EGINNING IN THE 2023-24 SCHOOL YEAR, THE DEPARTMENT OF
EDUCATION SHALL ANNUALLY COLLECT INFORMATION CONCERNING SC HOOL
CLIMATE SURVEYS ADMINISTERED TO STUDENTS OR FAMILIES
, OR SCHOOL
CLIMATE TOOLS UTILIZED BY SCHOOLS AND SCHOOL DISTRICTS
, INCLUDING
WHICH SURVEY OR TOOL IS USED
, IF ANY, AND HOW THE RESULTS OF SUCH
SURVEYS ARE MADE PUBLICLY ACCESSIBLE
, IF AT ALL. THE DEPARTMENT OF
EDUCATION SHALL INCLUDE THIS INFORMATION IN THE DISTRICT PROFILE
REPORTS
.
SECTION 2. In Colorado Revised Statutes, 22-2-112, amend
(1)(u)(I) as follows:
22-2-112. Commissioner - duties - report - legislative declaration
PAGE 4-HOUSE BILL 22-1376 - repeal. (1) Subject to the supervision of the state board, the commissioner
has the following duties:
(u) (I) To prepare an annual report on the number of pupils enrolled
in public schools in the state based on the pupil enrollments reported to the
state board pursuant to section 22-54-112 (2)(a) for the applicable school
year, and the number of
SCHOOL COUNSELORS, SCHOOL SOCIAL WORKERS,
SCHOOL NURSES, AND school psychologists in the state, who are
licensed by
the department pursuant to part 2 of article 60.5 of this title 22, and
employed by a school district, board of cooperative services, or
charter
school,
OR ENTITY THAT CONTRACTS WITH ANY OF THE ABOVE who are
reported as full-time equivalent
OR PART-TIME employees. The report must
state the number of pupils and licensed and employed school psychologists,
SCHOOL COUNSELORS, SCHOOL SOCIAL WORKERS, AND SCHOOL NURSES in
total for the state and disaggregated by school district, board of cooperative
services, and the state charter school institute.
SECTION 3. In Colorado Revised Statutes, 22-2-503, amend (1)
introductory portion, (1)(b), (1)(c), (2)(e), and (2)(f); and add (1)(d) and
(2)(g) as follows:
22-2-503. Teaching and learning conditions survey. (1) Subject
to available appropriations, the department shall administer a biennial
teaching and learning conditions survey, referred to in this section as the
"survey", to all preschool teachers, elementary teachers, secondary teachers,
and education support professionals in public schools of the state. The
survey shall
MUST be designed to assess, at a minimum:
(b) The correlation, if any, between teaching and learning conditions
and teacher retention; and
(c) The relationship, if any, between teaching and learning
conditions and school administration;
AND
(d) THE RELATIONSHIP, IF ANY, BETWEEN TEACHING AND LEARNING
CONDITIONS AND MEASURES OF SCHOOL CLIMATE
, AS EXPERIENCED BY
STUDENTS AND TEACHERS
.
(2) The survey results may be used by schools, school districts, the
department, state policymakers, and researchers as a resource for:
PAGE 5-HOUSE BILL 22-1376 (e) State education reform initiatives concerning achievement gaps,
teacher gaps, dropout rates, and graduation rates; and
(f) Other analyses to inform school improvement efforts; AND
(g) IMPROVING WAYS TO MEASURE AND IMPROVE SCHOOL CLIMATE
AND TEACHING AND LEARNING ENVIRONMENTS
.
SECTION 4. In Colorado Revised Statutes, 22-30.5-528, amend
(2), (3)(a), and (3)(b) introductory portion; and add (3)(d), (3)(e), and (5)
as follows:
22-30.5-528. Institute charter schools - use of restraints on
students - certain restraints prohibited - reports and review process -
complaints and investigations - rules - definitions. (2) Pursuant to
section 26-20-111, the use of a chemical, mechanical, or prone restraint
upon a student in an institute charter school is prohibited THE "PROTECTION
OF
INDIVIDUALS FROM RESTRAINT AND SECLUSION ACT", SECTIONS
26-20-101 TO 26-20-111, SETS FORTH THE KEY DEFINITIONS AND
PROHIBITIONS ON THE USE OF RESTRAINTS
, INCLUDING THE USE OF
RESTRAINTS ON STUDENTS
, DESCRIBED IN SECTION 26-20-111.
(3) (a) On and after August 9, 2017, each school district
INSTITUTE
CHARTER SCHOOL
shall require any school employee or volunteer who uses
any type of restraint on a student of the
INSTITUTE CHARTER school district
to submit a written report of the incident to the INSTITUTE CHARTER
SCHOOL
'S administration of the school
not later than one school day after the
incident occurred.
(b) On and after August 9, 2017, each
INSTITUTE CHARTER school
district
shall establish a review process, conduct the review process at least
annually, and document the results of each review process in writing. Each
annual review process must include a review of each incident in which
restraint was used on a student during the preceding year. The purpose of
each annual review process is to ensure that the
INSTITUTE CHARTER school
district
is properly administering restraint, identifying additional training
needs, minimizing and preventing the use of restraint by increasing the use
of positive behavior interventions, and reducing the incidence of injury to
students and staff. Each annual review process must include but is not
limited to:
PAGE 6-HOUSE BILL 22-1376 (d) THE DEPARTMENT OF EDUCATION HAS ENFORCEMENT AUTHORITY
OVER THE RESTRAINT INVESTIGATION DECISIONS
. THIS ENFORCEMENT
AUTHORITY MUST FOLLOW THE SAME PROCEDURES OUTLINED FOR STATE
COMPLAINTS UNDER THE FEDERAL
"INDIVIDUALS WITH DISABILITIES
EDUCATION ACT", 20 U.S.C. SEC. 1400 ET SEQ., AS AMENDED, AND THE
DEPARTMENT
'S STATE-LEVEL COMPLAINT PROCEDURES .
(e) N
O LATER THAN JUNE 30, 2023, AND EVERY JUNE 30
THEREAFTER, EACH INSTITUTE CHARTER SCHOOL SHALL SUBMIT THE DATA
FROM THE ANNUAL REVIEW C ONDUCTED PURSUANT TO SUBSECTION
(3)(b)
OF THIS SECTION TO THE DEPARTMENT OF EDUCATION PURSUANT TO SECTION
22-1-138.
(5) T
HE DEPARTMENT OF EDUCATION SHALL CREATE AND IMPLEMENT
RIGOROUS STANDARDS FOR TRAINING SCHOOL STAFF AND ADMINISTRATORS
ON THE
"PROTECTION OF INDIVIDUALS FROM RESTRAINT AND SECLUSION
ACT", SECTIONS 26-20-101 TO 26-20-111.
SECTION 5. In Colorado Revised Statutes, 22-32-109.1, amend
(2) introductory portion, (2)(b) introductory portion, (2)(b)(IV)(E), and
(2)(b)(IV)(K); and add (1)(g.3) and (2)(b.5) as follows:
22-32-109.1. Board of education - specific powers and duties -
safe school plan - conduct and discipline code - safe school reporting
requirements - school response framework - school resource officers -
definitions. (1) Definitions. As used in this section, unless the context
otherwise requires:
(g.3) "S
CHOOL" MEANS A PUBLIC SCHOOL OF A SCHOOL DISTRICT , A
CHARTER SCHOOL
, OR AN INSTITUTE CHARTER SCHOOL.
(2) Safe school plan. In order
To provide a learning environment
that is safe, conducive to the learning process, and free from unnecessary
disruption, each school district board of education or institute charter school
board for a charter school authorized by the charter school institute shall,
following consultation with the school district accountability committee and
school accountability committees, parents, teachers, administrators,
students, student councils where available, and, where appropriate, the
community at large, adopt and implement a safe school plan, or review and
revise, as necessary in response to any relevant data collected by the school
PAGE 7-HOUSE BILL 22-1376 district, any existing plans or policies already in effect. In addition to the
aforementioned parties, each school district board of education, in adopting
and implementing its safe school plan, may consult with victims' advocacy
organizations, school psychologists, local law enforcement, and community
partners. The plan, at a minimum, must include the following:
(b) Safe school reporting requirements. A policy whereby the
principal of each public school in a school district is required to submit
annually, in a manner and by a date specified by rule of the state board,
AND
IN ACCORDANCE WITH STANDARDIZED METHODS AND ANY REVISED
REPORTING CATEGORIES IDENTIFIED AND ADOPTED THROUGH THE
STAKEHOLDER PROCESS SET FORTH IN SECTION
22-1-138, a written report to
the board of education of the school district concerning the learning
environment in the school during that school year. The board of education
of the school district shall annually compile the reports from every school
in the district and submit the compiled report to the department of education
in a format specified by rule of the state board. The compiled report must
be easily accessible by the general public through a link on the department
of education's website home page. The report must include, but need not be
limited to, the following specific information for the preceding school year,
INCLUDING ANY DISCIPLINARY INCIDENT SPECIFIED IN SUBSECTION
(2)(b)(IV)(E) OR (2)(b)(IV)(K) OF THIS SECTION THAT REQUIRES
ADDITIONAL REPORTING ON THE INCIDENT
:
(IV) The number of conduct and discipline code violations. Each
violation must be reported only in the most serious category that is
applicable to that violation, including but not limited to specific information
identifying the number of, and the action taken with respect to, each of the
following types of violations:
(E) Being willfully disobedient or openly and persistently defiant or
repeatedly interfering with the school's ability to provide educational
opportunities to, and a safe environment for, other students. I
N ADDITION TO
PROVIDING INFORMATION ON SUCH DISCIPLINARY INCIDENTS IN THE
COMPILED REPORT REQUIRED BY THIS SUBSECTION
(2)(b), THE REPORT FILING
MUST INCLUDE ANY ADDITIONAL INFORMATION DEEMED NECESSARY BY THE
DEPARTMENT OF EDUCATION PURSUANT TO THE PROCESS REQUIRED
PURSUANT TO SECTION
22-1-138. INFORMATION INCLUDED IN REPORTING
FOR INCIDENTS CURRENTLY CATEGORIZED AS DISOBEDIENCE OR DEFIANCE
MAY INCLUDE
, BUT IS NOT LIMITED TO SCHOOL AND DISTRICT CODE ;
PAGE 8-HOUSE BILL 22-1376 LOCATION OF INCIDENTS ; DESCRIPTION OF THE BEHAVIORS THAT
CONSTITUTED THE VIOLATIONS
; INTERVENTIONS OR DE -ESCALATION
STRATEGIES ATTEMPTED LEADING UP TO THE INCIDENT
; AND DESCRIPTIVE
INFORMATION OF THE STUDENT OR STUDENTS INVOLVED IN THE INCIDENTS
,
INCLUDING, BUT NOT LIMITED TO, GENDER, GRADE LEVEL, ETHNICITY, RACE,
AND WHETHER THE STUDENT HAS FEDERAL SECTION 504 ACCOMMODATIONS
OR AN INDIVIDUALIZED EDUCATION PLAN
. INFORMATION ON THE REPORT
MUST BE SUBMITTED IN ACCORDANCE WITH THE DEPARTMENT OF
EDUCATION
'S DATA PRIVACY AND REPORTING REQUIREMENTS .
(K) Other violations of the code of conduct and discipline that
resulted in documentation of the conduct in a student's record. I
N ADDITION
TO PROVIDING INFORMATION ON SUCH DISCIPLINARY INCIDENTS IN THE
COMPILED REPORT REQUIRED BY THIS SUBSECTION
(2)(b), THE REPORT FILING
MUST INCLUDE ANY ADDITIONAL INFORMATION DEEMED NECESSARY BY THE
DEPARTMENT OF EDUCATION PURSUANT TO THE PROCESS REQUIRED
PURSUANT TO SECTION
22-1-138. INFORMATION INCLUDED IN REPORTING
FOR INCIDENTS CURRENTLY CATEGORIZED AS DISOBEDIENCE OR DEFIANCE
MAY INCLUDE
, BUT IS NOT LIMITED TO, SCHOOL AND DISTRICT CODE ;
LOCATION OF THE INCIDENTS ; DESCRIPTION OF THE BEHAVIORS THAT
CONSTITUTED THE VIOLATIONS
; INTERVENTIONS OR DE -ESCALATION
STRATEGIES ATTEMPTED LEADING UP TO THE INCIDENTS
; AND DESCRIPTIVE
INFORMATION OF THE STUDENT OR STUDENTS INVOLVED IN THE INCIDENTS
,
INCLUDING, BUT NOT LIMITED TO, GENDER, GRADE LEVEL, ETHNICITY, RACE,
AND WHETHER THE STUDENT HAS FEDERAL SECTION 504 ACCOMMODATIONS
OR AN INDIVIDUALIZED EDUCATION PLAN
. INFORMATION ON THE REPORT
MUST BE SUBMITTED IN ACCORDANCE WITH THE DEPARTMENT OF
EDUCATION
'S DATA PRIVACY AND REPORTING REQUIREMENTS .
(b.5) I
N ADDITION TO THE ITEMS SPECIFIED IN SUBSECTION (2)(b) OF
THIS SECTION
, EACH SCHOOL DISTRICT BOARD OF EDUCATION OR INSTITUTE
CHARTER SCHOOL BOARD FOR A CHARTER SCHOOL AUTHORIZED BY THE
CHARTER SCHOOL INSTITUTE SHALL ANNUALLY REVIEW AND SUBMIT DATA
TO THE DEPARTMENT OF EDUCATION CONCERNING THE NUMBER AND TYPES
OF DISCIPLINARY INCIDENTS AND THE DISCIPLINARY ACTIONS TAKEN IN
RESPONSE TO SUCH INCIDENTS
. THE DEPARTMENT OF EDUCATION SHALL
COLLECT THE DATA DESCRIBED IN SUBSECTION
(2)(b)(IV) OF THIS SECTION
AT THE INDIVIDUAL STUDENT LEVEL AND REPORT DISAGGREGATED STUDENT
DATA ON THE TYPE OF DISCIPLINARY INCIDENTS AND ACTION TAKEN
. SUCH
STUDENT DATA MUST BE DISAGGREGATED BY GENDER
, GRADE LEVEL, RACE,
PAGE 9-HOUSE BILL 22-1376 ETHNICITY, DISABILITY, WHETHER THE STUDENT HAS FEDERAL SECTION 504
ACCOMMODATIONS OR AN INDIVIDUALIZED EDUCATION PLAN , ENGLISH
LANGUAGE LEARNER STATUS
, FREE AND REDUCED-PRICE LUNCH STATUS,
AND HOMELESS STATUS, TO THE MAXIMUM EXTENT POSSIBLE IN COMPLIANCE
WITH THE
"COLORADO PRIVACY ACT", ESTABLISHED PURSUANT TO PART 13
OF ARTICLE 1 OF TITLE 6, THE FEDERAL "FAMILY EDUCATIONAL RIGHTS AND
PRIVACY ACT OF 1974", 20 U.S.C. SEC. 1232g, AND THE "STUDENT DATA
TRANSPARENCY AND SECURITY ACT", CREATED IN ARTICLE 16 OF THIS TITLE
22. THE DEPARTMENT OF EDUCATION SHALL NOT PUBLICLY REPORT
INDIVIDUAL STUDENT DATA FOR ANY PURPOSE
, SHALL INCLUDE THE
APPLICATION OF DATA SUPPRESSION POLICIES TO AVOID THE
RE
-IDENTIFICATION OF ANY INDIVIDUAL IN ANY PUBLIC REPORTS , AND SHALL
ENSURE COMPLIANCE WITH STANDARDS FOR REPORTING DATA FOR A
STUDENT WITH A FEDERAL SECTION
504 ACCOMMODATION OR AN
INDIVIDUALIZED EDUCATION PLAN
.
SECTION 6. In Colorado Revised Statutes, 22-32-147, amend
(3)(c) introductory portion; and add (1)(b.7), (3)(b.5), (3)(d), (5), and (6) as
follows:
22-32-147. Use of restraints on students - certain restraints
prohibited - reports and review process - rules - definitions.(1) As used
in this section, unless the context otherwise requires:
(b.7) "P
HYSICAL RESTRAINT" HAS THE SAME MEANING AS SET FORTH
IN SECTION
26-20-102 (5).
(3) (b.5) I
F A PHYSICAL RESTRAINT IS MORE THAN ONE MINUTE BUT
LESS THAN FIVE MINUTES
, THE NOTIFICATION REQUIREMENT IS A WRITTEN
NOTICE TO THE PARENT ON THE DAY OF THE RESTRAINT
. THE WRITTEN
NOTICE MUST INCLUDE THE DATE
, THE NAME OF THE STUDENT , AND THE
NUMBER OF RESTRAINTS THAT DAY THAT LASTED BETWEEN ONE AND FIVE
MINUTES
.
(c) Not more than five calendar days after the use of restraint on a
student IF A PHYSICAL RESTRAINT IS FIVE MINUTES OR MORE , the school
administration shall mail, fax, or e-mail a written report of the incident to
the parent or legal guardian of the student
NOT MORE THAN FIVE CALENDAR
DAYS AFTER THE USE OF THE RESTRAINT ON THE STUDENT
. The written
report must be placed in the student's confidential file and include:
PAGE 10-HOUSE BILL 22-1376 (d) NO LATER THAN JUNE 30, 2023, AND EVERY JUNE 30
THEREAFTER, EACH SCHOOL DISTRICT SHALL SUBMIT THE DATA FROM THE
ANNUAL REVIEW CONDUCTED PURS UANT TO SUBSECTION
(3)(b) OF THIS
SECTION TO THE DEPARTMENT OF EDUCATION PURSUANT TO SECTION
22-1-138.
(5) T
HE DEPARTMENT OF EDUCATION SHALL MAKE TRAINING
AVAILABLE ON THE
"PROTECTION OF INDIVIDUALS FROM RESTRAINT AND
SECLUSION ACT", SECTIONS 26-20-101 TO 26-20-111, AND ON THE
DEPARTMENT OF EDUCATION
'S CORRESPONDING RULES FOR ADMINISTRATION
OF SUCH ACT TO INDIVIDUALS CERTIFIED IN THE USE OF RESTRAINT
.
(6) T
HE DEPARTMENT OF EDUCATION HAS ENFORCEMENT AUTHORITY
OVER THE RESTRAINT INVESTIGATION DECISIONS
. THIS ENFORCEMENT
AUTHORITY MUST FOLLOW THE SAME PROCEDURES OUTLINED FOR STATE
COMPLAINTS UNDER THE FEDERAL
"INDIVIDUALS WITH DISABILITIES
EDUCATION ACT", 20 U.S.C. SEC. 1400 ET SEQ., AS AMENDED, AND THE
DEPARTMENT
'S STATE-LEVEL COMPLAINT PROCEDURES .
SECTION 7. In Colorado Revised Statutes, 24-31-312, add (7) as
follows:
24-31-312. School resource officer training. (7) T
HE P.O.S.T.
BOARD, WITH RESPECT TO THE HIRING, TRAINING, AND EVALUATION OF
SCHOOL RESOURCE OFFICERS AND PROFESSIONALIZING A SCHOOL
-POLICE
PARTNERSHIP
, SHALL CREATE A MODEL POLICY FOR SELECTING SCHOOL
RESOURCE OFFICERS PURSUANT TO THE GENERAL DUTIES AND
RESPONSIBILITIES GRANTED TO THE
P.O.S.T. BOARD PURSUANT TO SECTION
24-31-303. THE P.O.S.T. BOARD SHALL CONSULT WITH SCHOOL BOARD
MEMBERS
, SCHOOL RESOURCE OFFICERS , K-12 ADVOCATES, AND OTHER
RELEVANT STAKEHOLDERS
, INCLUDING STUDENT GROUPS , IN THE
DEVELOPMENT OF THE MODEL POLICY
. THE DEPARTMENT OF EDUCATION
SHALL POST THE MODEL POLICY ON ITS WEBSITE AND DISTRIBUTE THE POLICY
TO SCHOOL DISTRICTS
, CHARTER SCHOOLS , AND INSTITUTE CHARTER
SCHOOLS FOR CONSIDERATION AND POSSIBLE ADOPTION
. THE MODEL POLICY
MAY BE USED BY SCHOOL DISTRICTS
, CHARTER SCHOOLS , INSTITUTE
CHARTER SCHOOLS
, AND POLICE DEPARTMENTS. THE MODEL POLICY MUST,
AT A MINIMUM, REQUIRE THAT:
(a) O
NCE SELECTED, SCHOOL RESOURCE OFFICERS MUST BE FULLY
PAGE 11-HOUSE BILL 22-1376 TRAINED IN STANDARD BEST PRACTICES , AS SET FORTH BY A NATIONAL
ASSOCIATION OF SCHOOL RESOURCE OFFICERS
;
(b) A
CANDIDATE DEMONSTRATE , WHENEVER POSSIBLE, A RECORD
OF EXPERIENCE DEVELOPING POSITIVE RELATIONSHIPS WITH YOUTH
, WHICH
MAY INCLUDE PARTICIPATION IN YOUTH OR COMMUNITY POLICING
PROGRAMS
;
(c) A
CANDIDATE VOLUNTARILY APPLY TO SERVE AS A SCHOOL
RESOURCE OFFICER
; AND
(d) THE EMPLOYING LAW ENFORCEMENT AGENCY AND SCHOOL
DISTRICT JOINTLY CREATE AN EVALUATION PROCESS TO EVALUATE SCHOOL
RESOURCE OFFICERS
.
SECTION 8. In Colorado Revised Statutes, 26-20-102, amend (5),
(6) introductory portion, and (6)(c) as follows:
26-20-102. Definitions. As used in this article 20, unless the context
otherwise requires:
(5) "Physical restraint" means the use of bodily, physical force to
involuntarily limit an individual's freedom of movement
FOR MORE THAN
ONE MINUTE
; except that "physical restraint" does not include the holding
of a child by one adult for the purposes of calming or comforting the child.
(6) "Restraint" means any method or device used to involuntarily
limit freedom of movement, including bodily physical force, mechanical
devices, or chemicals. R
ESTRAINT MUST NOT BE USED AS A FORM OF
DISCIPLINE OR TO GAIN COMPLIANCE FROM A STUDENT
. IF PROPERTY
DAMAGE MIGHT BE INVOLVED
, RESTRAINT MAY ONLY BE USED WHEN THE
DESTRUCTION OF PROPERTY COULD POSSIBLY RESULT IN BODILY HARM TO
THE INDIVIDUAL OR ANOTHER PERSON
. "Restraint" includes chemical
restraint, mechanical restraint, and physical restraint. "Restraint" does not
include:
(c) The holding of an individual for less than five minutes
ONE
MINUTE
by a staff person for protection of the individual or other persons;
except that nothing in this subsection (6)(c) may be interpreted to permit the
holding of a public school student in a prone position, except as described
PAGE 12-HOUSE BILL 22-1376 in section 26-20-111 (2), (3), or (4); or
SECTION 9. In Colorado Revised Statutes, 26-20-111, amend (1);
and add (5), (6), (7), (8), and (9) as follows:
26-20-111. Use of restraints in public schools - certain restraints
prohibited. (1) Except as provided otherwise in this section, and
notwithstanding any other provision of this article 20:
(a) The use of a chemical, mechanical, or prone restraint upon a
student of a school of a school district, charter school of a school district,
or institute charter school is prohibited when the student is on the property
of any agency or is participating in an off-campus, school-sponsored
activity or event;
AND
(b) A SCHOOL RESOURCE OFFICER OR A LAW ENFORCEMENT OFFICER
ACTING IN THE OFFICER
'S OFFICIAL CAPACITY ON SCHOOL GROUNDS , IN A
SCHOOL VEHICLE
, OR AT A SCHOOL ACTIVITY OR SANCTIONED EVENT SHALL
NOT USE HANDCUFFS ON ANY STUDENT
, UNLESS THERE IS A DANGER TO
THEMSELVES OR OTHERS OR HANDCUFFS ARE USED DURING A CUSTODIAL
ARREST THAT REQUIRES TRANSPORT
.
(5) I
F A SCHOOL DISTRICT, CHARTER SCHOOL OF A SCHOOL DISTRICT,
OR INSTITUTE CHARTER SCHOOL USES A SECLUSION ROOM , THERE MUST BE
AT LEAST ONE WINDOW FOR MONITORING WHEN THE DOOR IS CLOSED
. IF A
WINDOW IS NOT FEASIBLE
, MONITORING MUST BE POSSIBLE THROUGH A
VIDEO CAMERA
. A STUDENT PLACED IN A SECLUSION ROOM MUST BE
CONTINUALLY MONITORED
. THE ROOM MUST BE A SAFE SPACE FREE OF
INJURIOUS ITEMS
. THE SECLUSION ROOM MUST NOT BE A ROOM THAT IS USED
BY SCHOOL STAFF FOR STORAGE
, CUSTODIAL, OR OFFICE SPACE.
(6) N
OTHING IN THIS SECTION PROHIBITS SCHOOL PERSONNEL FROM
TAKING ANY LAWFUL ACTIONS NECESSARY
, INCLUDING SECLUSION OR
RESTRAINT
, WHEN AND WHERE NECESSARY TO KEEP STUDENTS AND STAFF
SAFE FROM HARM DURING AN EMERGENCY
, AS DEFINED BY RULE OF THE
STATE BOARD
. SCHOOL PERSONNEL SHALL COMPLY WITH ALL
DOCUMENTATION AND REPORTING REQUIREMENTS
, EVEN IN THE CASE OF AN
EMERGENCY
.
(7) I
F A PHYSICAL RESTRAINT IS BETWEEN ONE AND FIVE MINUTES ,
PAGE 13-HOUSE BILL 22-1376 THE NOTIFICATION REQUIREMENT MUST BE A WRITTEN NOTICE TO THE
PARENT ON THE DAY OF THE RESTRAINT
. THE NOTICE MUST INCLUDE THE
DATE
, THE STUDENT'S NAME, AND THE NUMBER OF RESTRAINTS THAT DAY
THAT LASTED BETWEEN ONE AND FIVE MINUTES
.
(8) O
N OR BEFORE JULY 1, 2023, THE STATE BOARD SHALL INITIATE
RULE MAKING FOR THE PROCESS OF DETERMINING WHETHER TO REQUIRE THE
REPORTING OF RESTRAINTS FROM ONE TO FIVE MINUTES AND WHAT DATA
, IF
ANY
, WILL BE COLLECTED. AS A PART OF THE PUBLIC INPUT PROCESS
REQUIRED PURSUANT TO SECTION
24-4-104, THE STATE BOARD AND THE
DEPARTMENT OF EDUCATION SHALL ENGAGE WITH STAKEHOLDERS
,
INCLUDING, BUT NOT LIMITED TO, A REPRESENTATIVE OF SCHOOL DISTRICT
ADMINISTRATORS
, A STATEWIDE ORGANIZATION REPRESENTING SPECIAL
EDUCATION DIRECTORS
, AND A MEMBER OF A DISABILITY RIGHTS
ORGANIZATION
.
(9) S
TATUTORY PROVISIONS CONCERNING THE USE OF RESTRAINTS
IN SCHOOL DISTRICTS
, CHARTER SCHOOLS OF A SCHOOL DISTRICT , OR
INSTITUTE CHARTER SCHOOLS
, INCLUDING REPORTING REQUIREMENTS , ARE
SET FORTH IN SECTIONS
22-30.5-528 AND 22-32-147.
SECTION 10. Appropriation. (1) For the 2022-23 state fiscal
year, $516,451 is appropriated to the department of education. This
appropriation is from the general fund. To implement this act, the
department may use this appropriation as follows:
(a) $263,900 for information technology services; and
(b) $252,551 for the office of dropout prevention and student
reengagement, which amount is based on an assumption that the department
will require an additional 2.4 FTE.
(2) For the 2022-23 state fiscal year, $30,000 is appropriated to the
department of law for use by the peace officers training board. This
appropriation is from the P.O.S.T. board cash fund created in section
24-31-303 (2)(b), C.R.S. To implement this act, the board may use this
appropriation for peace officers standards and training board support.
SECTION 11. Safety clause. The general assembly hereby finds,
PAGE 14-HOUSE BILL 22-1376 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 15-HOUSE BILL 22-1376